HomeMy WebLinkAboutMN-CC-2012-05-02COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 6:00 p.m. May 2, 2012
PRESENT:
Mayor Myrick
Alderpersons (10) Brock, Dotson, Murtagh, Clairborne, McCollister, Fleming, Rooker,
Kerslick, Proulx, Mohlenhoff
OTHERS PRESENT:
City Clerk – Conley Holcomb
City Attorney – Lavine
City Controller – Thayer
Planning & Development Director – Cornish
Community Development Director – Bohn
Superintendent of Public Works – Gray
Human Resources Director – Michell-Nunn
Fire Chief – Parsons
PLEDGE OF ALLEGIANCE:
Mayor Myrick led all present in the Pledge of Allegiance to the American Flag.
ADDITIONS TO OR DELETIONS FROM THE AGENDA:
Planning and Economic Development Committee:
Alderperson Dotson requested the deletion of the following Items from the agenda:
10.11 Authorization of Conveyance to Ithaca Urban Renewal Agency (IURA) of 116
North Titus Street Property Acquired Through Foreclosure - Declaration of Lead
Agency - Resolution
10.12 Authorization of Conveyance to Ithaca Urban Renewal Agency (IURA) of 116
North Titus Street Property Acquired Through Foreclosure - Determination of
Environmental Significance – Resolution
10.13 Authorization of Conveyance to Ithaca Urban Renewal Agency (IURA) of 116
North Titus Street Property Acquired Through Foreclosure – Resolution
No Council Member Objected.
New Business:
Alderperson Clairborne requested the addition of Item 13.1 entitled “Resolution and
Declaration of Official Intent for the Purpose of Acquiring the Property Generally
Described as Johnson Control Energy Project Water Meter Replacement (“Property”)”
No Council Member objected
PROCLAMATIONS/AWARDS:
Presentation of the Quarterly Employee Recognition Award
Mayor Myrick presented Executive Assistant, Kathrin Gehring, Superintendent of Public
Works Office, with the Quarterly Employee Recognition Award for her for her leadership
roles as Chair for the Administrative Support Group and the Safety Committee.
Mayor Myrick proclaimed May 4, 2012 as “Hot Dog Day” in the City of Ithaca to
commemorate the day that Lou “The Hot Dog Guy” Cassaniti donates all proceeds to
the Tompkins County SPCA.
SPECIAL PRESENTATIONS BEFORE COUNCIL:
“MEGA” – Presentation “City Receives MEGA’s 2012 Environmental Award”:
Barbara Blanchard, MEGA Customer Relations Manager, presented the 2012 “Think
Globally, Act Locally Award” to the City of Ithaca for demonstrating environmental
leadership by purchasing Renewable Energy Credits (RECs) covering 100 percent of its
electric load for a three year period beginning January 2012. “These Green-e Energy
Certified RECs — one of the leading renewable energy certification standards in the
May 2, 2012
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nation - will offset about 4,896 metric tons of CO2 emissions annually and can be
compared to not driving 12,000,000 miles in a car, or planting 1,460 acres of trees”
noted Ms. Blanchard in presenting the award to the Mayor and Common Council.
Thank You Presentation to the Community - Cornell University Seniors:
Members from the 2012 Cornell University Senior Class presented the Mayor and
Common Council with special “thank you” notes in appreciation for all of the support
given to them during their four years in Ithaca. They will be distributing these notes to
community groups and residents in the next coming weeks.
Board of Fire Commissioners:
Fire Commissioner, Tom Hoard, addressed Common Council to provide the following
report:
• The Board supports the appointments of George McGonigal and Lyman Baker to
the Board of Fire Commissioners.
• The Board also supports the Fire Departments request to replace the Office
Manager position with an Administrative Coordinator position.
• The Board passed a Resolution in support of substituting the replacement of a
combination aerial/pumper truck for a heavy rescue truck.
• Statistics for the 1st quarter of 2012 have been sent to Common Council
electronically. Questions can be forwarded to Commissioner Hoard or the Ithaca
Fire Department.
• The Board is following the progress of the Search Process for a Deputy Fire
Chief
• 3 new fire fighters are currently undergoing training and should be available for
shift assignments by late summer.
• The Board has requested that the City Attorney review and advise them on the
laws affecting volunteer fire fighters so that they can assess what the future
might be for volunteers in the Ithaca Fire Department.
• The Board is concerned about the impact that the 2013 budget will have on the
level of service the Fire Department will be able to deliver to the community.
Discussions regarding the operating costs of the department and the Town of
Ithaca’s concerns regarding costs are on-going.
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
The following people addressed Common Council to discuss:
Matthew Pederson, Titus Gallery, expressed his opposition to the removal of any trees
from the Commons during its redesign, and noted that a petition had been submitted to
Common Council with signatures from people who also oppose the removal of trees.
Joel Harlan, Town of Newfield, commented on the Commons Redesign Project and
Slope Day/Senior Week parties.
John Graves, City of Ithaca, encouraged Common Council to postpone its vote on the
2012 Energy Plan due to lack of public outreach/participation, and lateness in posting of
the report to the website.
Fay Gougakis, City of Ithaca, noted that the gesture by Cornell Seniors to thank the
community for its support was nice; however the community is concerned over student
behavior – noise – parties – loitering and feels that something should be done to control
it. She further voiced concern for the noise from bars not being controlled well at night.
Tom Shelley, City of Ithaca, noted that the 2012 Energy Plan is an excellent plan but it
needs additional public input and citizen participation. He encouraged Common Council
to postpone consideration of the plan until that has occurred.
PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR:
Alderperson McCollister expressed support for comments that were made regarding
student behaviors and parties, and the negative impacts they have on neighborhoods.
May 2, 2012
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Alderperson Rooker reported that he has been working with the Collegetown
Neighborhood Council, Ithaca Police Department, Ithaca Fire Department, and student
groups to address the issues raised regarding student behavior.
Alderperson Brock reported that residents of South Hill and staff from Ithaca College
have been working with the Ithaca Police Department to develop a zero tolerance policy
regarding student parties, unacceptable behaviors, and drinking. She also expressed
her thanks for the comments made regarding the 2012 Energy Plan.
Alderperson Murtagh announced that Historic Ithaca is hosting its 3rd Annual “That Old
House” walking tour, on May 12, 2012 from 1-4 pm, featuring the historic Henry St. John
neighborhood. Seven houses will be open to the tour. The cost is $22 per person and
all proceeds benefit Historic Ithaca.
Alderperson Dotson explained that the 2012 Energy Plan has been on two different
Planning and Economic Development Committee agendas and those meetings were
open to the public; however, she noted that the document had not been as accessible to
the public as had been hoped.
Alderperson Clairborne thanked the speakers for their comments, and noted that every
comment is important and is heard. He reported on the following issues:
• A transportation plan meeting held at the Southside Community Center last week
to address traffic concerns, and a connection between the north and south sides
of the city.
• GIAC’s Annual Board meeting will be held on May 24, 2012 at 5:30 p.m. and
GIAC will be celebrating its 40th anniversary this year.
• The GIAC Festival will be held on Saturday, June 9th.
• The Department of Environmental Conservation held an open house regarding
Markles Flat on Tuesday, May 1st.
Mayor Myrick reported that city staff has been very active in preparing for senior week
and the last day of classes on both South Hill and East Hill. He stated that information
has been provided through public service announcements on the local radio stations
about the Good Samaritan Law. He noted the importance of working together as
community to keep everyone safe and mitigate the impacts on the neighborhoods to the
greatest extent possible.
CONSENT AGENDA ITEMS:
City Clerk’s Office:
8.1 Request of Downtown Ithaca Alliance to Permit Wine and Beer Tasting
During the Ithaca College Senior Class Special Event Taking Place on the Ithaca
Commons on May 15, 2012 – Resolution
By Alderperson Clairborne: Seconded by Alderperson Murtagh
WHEREAS, the Downtown Ithaca Alliance has requested permission for wine and beer
tasting as part of the Ithaca College Senior Class Event taking place on the Ithaca
Commons on May 15, 2012; now, therefore, be it
RESOLVED, That the Downtown Ithaca Alliance be authorized to arrange for wine and
beer tasting during the above event on the Ithaca Commons on May 15, 2012 and, be it
further
RESOLVED, That the Downtown Ithaca Alliance and participating wineries and
breweries shall comply with all applicable state and local laws and ordinances, and shall
enter into an agreement providing that it will hold the City harmless and indemnify the
City on account of any claims made as the result of the sale or tasting of wine and beer
on the Ithaca Commons, and, be it further
RESOLVED, That the Downtown Ithaca Alliance or the participating wineries and
breweries shall agree to maintain liability insurance in the amount of $1,000,000.00 and
Dram Shop Act coverage in the minimum amount of $1,000,000.00 naming the City of
May 2, 2012
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Ithaca as an additional insured, and shall provide evidence of such insurance to the City
Clerk prior to the event.
Carried Unanimously
8.2 Authorization of Revocable License for Congo Square Market – Resolution
By Alderperson Clairborne: Seconded by Alderperson Murtagh
WHEREAS, the Congo Square Market has been operating a weekly, outdoor market for
local vendors on City-owned parkland immediately north of the Southside Community
Center, on South Plain Street, since 2009, and
WHEREAS, the current co-sponsors of the Congo Square Market, namely, the Ithaca
Youth Bureau, (a department of the City of Ithaca), the Southside Community Center
Inc. (a not-for-profit corporation that leases a City-owned building), and Cornell
Cooperative Extension, have requested permission to operate the Market at the same
location in 2012, on every Friday evening (4:00 p.m. to 8:00 pm) from May 24, 2012,
through September 7, 2012; and
WHEREAS, the vendors for the Market are expected to include both small-scale, local
entrepreneurs and City-sponsored youth projects; and
WHEREAS, pursuant to Chapter 170 of the Municipal Code of the City of Ithaca (Use of
City Real Property), such use of City parkland (for an event lasting more than five days
at a time or that occurs more than four times over the course of a year) requires the
approval of Common Council; now therefore be it
RESOLVED, That the Common Council, as it did in 2009, 2010, and 2011 finds that the
proposed Congo Square Market, as described by its sponsors and as experienced in
operation over the last three years, constitutes a recreation-related use of the park
adjacent to the Southside Community Center, which use, due to its limited duration (i.e.,
4 hours at a time, on 19 occasions over the course of the year) and occupancy of only a
portion of the park, will not significantly compromise the public’s ability to enjoy the park
and in fact could enhance the overall quality of the park’s appeal and benefit to the
public; and be it further
RESOLVED, That Common Council hereby authorizes the Mayor - upon consultation
with the appropriate Department Heads as to form and compliance with all applicable
laws, rules and regulations, and upon receipt of a properly completed application from
the co-sponsors - to issue a revocable license to the Ithaca Youth Bureau, the
Southside Community Center, and Cornell Cooperative Extension permitting such co-
sponsors to operate the proposed Congo Square Market in a portion of the City park
adjacent to the Southside Community Center on South Plain Street, for the requested
period of time (between 4:00 p.m. and 8:00 pm, each Friday between
May 4, 2012, and September 7, 2012), and containing the standard terms and
conditions of such a license, with regard to liability insurance coverage, indemnification
of the City, handling of trash and waste, vendor conduct, amplified sound, and other
pertinent matters; and be it further
RESOLVED, That as the City has not yet established a regular fee for such seasonal
use of its parkland, Council hereby sets a fee of $1.00 for each day of operation of the
Congo Square Market, with the total amount due from the sponsors for the requested
number of days being $19.00.
Carried Unanimously
City Administration Committee:
8.3 Fire Department – Amendment to Personnel Roster – Resolution
By Alderperson Clairborne: Seconded by Alderperson Murtagh
WHEREAS, the Office Manager Position at the Fire Department has recently become
vacant, and
WHEREAS, the Fire Department reduced office staff in an effort to bring about budget
reductions, and
May 2, 2012
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WHEREAS, due to the reductions in office staff, it is no longer necessary for an
employee in the office to have supervisory responsibilities, and
WHEREAS, direct supervision of office staff will be the responsibility of the Deputy Fire
Chief, and/or Fire Chief, and
WHEREAS, the responsibilities of an Administrative Coordinator are similar to those of
the Office Manager except that it does not require the supervision of other employees,
and
WHEREAS, this amendment to the Fire Department Personnel Roster will result in a
reduction in budget; now, therefore be it
RESOLVED, That Common Council hereby amends the 2012 authorized Personnel
Roster for the Fire Department as follows:
Delete: One (1) Office Manager (40 hours)
Add: One (1) Administrative Coordinator (40 hours)
and, be it further
RESOLVED, That this roster amendment shall be contingent on approval by the
Vacancy Review Committee, and be it further
RESOLVED, That the funds necessary for said roster amendment will be made within
the existing 2012 Fire Department Budget Authorization.
Carried Unanimously
CITY ADMINISTRATION COMMITTEE:
9.1 Youth Bureau - Request to Renew Recreation Partnership Contract -
Resolution
By Alderperson Clairborne: Seconded by Alderperson Kerslick
WHEREAS, the City of Ithaca is currently a member of the Intermunicipal Recreation
Partnership, an excellent model of intermunicipal collaboration that enables
municipalities to jointly plan, finance, and share a diverse set of high quality recreation
programs, and
WHEREAS, the current Intermunicipal Recreation Partnership agreement will end on
December 31, 2012, and
WHEREAS, the Intermunicipal Recreation Partnership agreement dated August 21,
2007, with an original five-year term expiring December 31, 2012, may be renewed for
an additional five years by appropriate resolutions by each of the municipal partners on
or before December 31, 2012; now, therefore be it
RESOLVED, On the recommendation of the Recreation Partnership Board that the
2008-2012 Intermunicipal Recreation Partnership agreement shall be renewed for an
additional five years, expiring December 31, 2017, and be it further
RESOLVED, That by approving this resolution the City of Ithaca agrees to abide by the
terms and conditions set forth in the Recreation Partnership agreement as executed by
the Mayor upon the advice of the City Attorney, and be it further
RESOLVED, That Common Council hereby directs the City Clerk to send a copy of this
resolution to the Recreation Partnership Board care of Tompkins County Youth Services
Department at 320 West State/Martin Luther King Jr. Street, Ithaca, NY 14850.
Carried Unanimously
May 2, 2012
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9.2 Fire Department – Request to Amend Capital Project #761 – Replacement of
Heavy Rescue Vehicle- Resolution
By Alderperson Clairborne: Seconded by Alderperson Kerslick
WHEREAS, a capital project for the Purchase of a Heavy Rescue Vehicle for the Ithaca
Fire Department was approved by Common Council for the Budget Year 2012, and
WHEREAS, per the contract for fire service between the City of Ithaca and the Town of
Ithaca, the Town Board approved the project, and
WHEREAS, the sum of $880,000 has been appropriated (Capital Project #761) and was
available to cover the cost of design and construction of a Heavy Rescue Vehicle, and
WHEREAS, the costs for maintenance of the Fire Department aerial truck apparatus
has been increasing over the past five years due to an aging fleet, and an increase in
the number of emergency responses, and
WHEREAS, repair and maintenance costs for the Fire Department’s two aerial trucks
was $74,700 in 2011, and
WHEREAS, a 1995 aerial truck is scheduled to be replaced under a fleet replacement
plan for 2015, and
WHEREAS, the estimated cost for continued maintenance of the Heavy Rescue Vehicle
will be less than that of an Aerial Truck in 2013 and 2014, and
WHEREAS, the Heavy Rescue Vehicle replacement shall be deferred until 2014, and
WHEREAS, the Fire Chief and Board of Fire Commissioners shall review and amend
the current schedule for apparatus replacement, which will reflect the current usage,
age of fleet, budget restrictions, and best practices for delivery of fire and emergency
services, and
WHEREAS, the amended project budget is projected to be $920,000 comprised of:
• Preliminary Engineering and Detail Design Cost $10,000
• Purchase Aerial/Pumper Combination Truck $920,000
Total Project Cost $930,000
and
WHEREAS, the Board of Fire Commissioners recommends that Common
Council substitutes the replacement of a Heavy Rescue Vehicle with the replacement of
a Combination Aerial/Pumper Truck, and increase the total project budget
authorizations for the amount of $920,000; now, therefore, be it
RESOLVED, That Common Council amend the Capital Project authorizations for the
purchase of a Combination Aerial/Pumper Fire Truck and substitute it for the purchase
of a Heavy Rescue Vehicle approved by Common Council and the Town of Ithaca in the
2012 Budget, and be it further
RESOLVED, That Common Council hereby amends Capital Project #761 by an amount
not to exceed $50,000, giving a total project authorization of $930,000 for the purposes
of acquiring a combination Aerial/Pumper Fire Truck, and be it further
RESOLVED, That the funds necessary for the $50,000 amendment will be derived from
the Capital Reserve #15 Fire Engine Replacement, and be it further
RESOLVED, That this amendment shall be contingent on the approval of the Town of
Ithaca Board.
Carried Unanimously
May 2, 2012
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9.3 Streets and Facilities (S&F) - Amendment to Capital Project Budget – S&F
Salt Storage Building – Capital Project #710 - Resolution
By Alderperson Clairborne: Seconded by Alderperson Brock
WHEREAS, bids were received on March 23, 2012, for the construction of a new Salt
Storage Building located at the Streets and Facilities complex, 245 Pier Road, and
WHEREAS, Park Lane Construction and Development Corporation, 10269 Old Rte.
31W, Clyde, NY, 14433, has submitted the apparent low bid for General Construction
work of $233,404.00, and
WHEREAS, Capital Project #710 – Streets and Facilities Salt Storage Building
Replacement - was authorized in 2007 in the amount of $220,000, and
WHEREAS, a portion of Capital Project #710 authorization has been expended upon
consulting services and in preparing the foundation for the new building, and
WHEREAS, there is a remaining balance of $19,768 in Capital Project #729 – Streets &
Facilities Secord Building Demolition, and
WHEREAS, funding of $115,000 was authorized in 2009 for Streets and Facilities Warm
Storage Building, and
WHEREAS, the anticipated mitigation of bird infestation at the warm storage building
will not require the full amount of the authorization; now, therefore be it
RESOLVED, That an amount not to exceed $19,768 be transferred from existing funds
in Capital Project #729 to Capital Project #710, and be it further
RESOLVED, That an amount not to exceed $85,000 be transferred from existing funds
in Capital Project #750 to Capital Project #710, and be it further
RESOLVED, That Common Council hereby amends Capital Project #710 - Streets and
Facilities Salt Storage Building Replacement - by an amount not to exceed $104,768 for
a total amended project authorization of $324,768 for the purposes of accounting for
said transfers and completing the Salt Storage Replacement Building Project.
Carried Unanimously
City Controller’s Report:
City Controller Thayer reported to Common Council on the following items:
• 2011 Activity, $640,000 deficit (down from $792,000)
• Interest rates are low so refinancing debt can save funds. The refinancing of the
Johnson Controls project will save the City $212,000. Refinancing the debt
issues from 2001-2004 will result in $390,000 in savings. These refinance
opportunities will require that the City be re-rated by Moody’s (all activity past,
present, and future will be evaluated)
• The sale of city property will assist with the city’s debt reduction efforts and help
to rebuild fund balance.
• Sales tax collections were 2.7% ahead of 2011 activity
• The first collection of Mortgage taxes was $352,000 – the second payment will
be made later in the year. We have already met our total budget for 2012 in this
area, and we still have one more collection of revenue.
PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE:
10.1 Rezoning of Parcels 101.-1-1.13, 101.-1-1.11 and a Portion of Parcel 78.-3-6
from SW-1 to MH-1 - Declaration of Lead Agency - Resolution
By Alderperson Dotson: Seconded by Alderperson McCollister
WHEREAS, State Law and Section 176-6 of the City Code require that a lead agency
be established for conducting environmental review of projects in accordance with local
and state environmental law, and
May 2, 2012
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WHEREAS, State Law specifies that for actions governed by local environmental
review, the lead agency shall be that local agency which has primary responsibility for
approving and funding or carrying out the action, and
WHEREAS, the proposed zoning amendment is a “Type I” Action pursuant to the City
Environmental Quality Review (CEQR) Ordinance, which requires environmental review
under CEQR; now, therefore, be it
RESOLVED, That Common Council does hereby declare itself lead agency for the
environmental review of the rezoning of parcels 101.-1-1.13, 101.-1-1.11 and a portion
of parcel 78.-3-6 from SW-1 to MH-1.
Carried Unanimously
10.2 Rezoning of Parcels 101.-1-1.13, 101.-1-1.11 and a portion of parcel 78.-3-6
from SW-1 to MH-1 - Determination of Environmental Significance - Resolution
By Alderperson Dotson: Seconded by Alderperson Kerslick
WHEREAS, the City of Ithaca is considering a proposal to rezone parcels 101.-1-1.13,
101.-1-1.11 and a portion of parcel 78.-3-6 from SW-1 to MH-1, and
WHEREAS, appropriate environmental review has been conducted including the
preparation of a Full Environmental Assessment Form (FEAF), and
WHEREAS, this zoning amendment has been reviewed by the Tompkins County
Planning Department Pursuant to §239-l-m of the New York State General Municipal
Law, which requires that all actions within 500 feet of a county or state facility, including
county and state highways, be reviewed by the County Planning Department, and has
also been reviewed by the City of Ithaca Conservation Advisory Council, and the City of
Ithaca Planning and Development Board, and
WHEREAS, the proposed action is a “Type I” Action under the City Environmental
Quality Review Ordinance, and
WHEREAS, Common Council, acting as Lead Agency, has reviewed the FEAF
prepared by planning staff; now, therefore, be it
RESOLVED, That Common Council, as lead agency in this matter, hereby adopts as its
own, the findings and conclusions more fully set forth on the Full Environmental
Assessment Form, and be it further
RESOLVED, That Common Council, as lead agency in this matter, hereby determines
that the proposed action at issue will not have a significant effect on the environment,
and that further environmental review is unnecessary, and be it further
RESOLVED, That this resolution constitutes notice of this negative declaration and that
the City Clerk is hereby directed to file a copy of the same, together with any
attachments, in the City Clerk’s Office, and forward the same to any other parties as
required by law.
Carried Unanimously
10.3 An Ordinance to Amend The City of Ithaca Municipal Code, Chapter 325,
Entitled “Zoning” To Rezone Parcels 101.-1-1.13, 101.-1-1.11 and a Portion of
Parcel 78.-3-6 from SW-1 to MH-1
By Alderperson Dotson: Seconded by Alderperson Kerslick
ORDINANCE NO. – 2012-__
BE IT ORDAINED AND ENACTED by the City of Ithaca Common Council as follows:
Section 1.
The Official Zoning Map of the City of Ithaca is hereby amended to change the
designation from SW-1 to MH-1 for the following tax parcels: 101.-1-1.13, 101.-1-1.11
May 2, 2012
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and a portion of parcel 78.-3-6. The boundaries are shown on the attached map entitled
“Proposed Amendment to the MH-1 Zoning District - March 2012.”
Section 2.
Effective Date. This Ordinance shall take effect immediately and in accordance with law
after publication of notice as provided in the Ithaca City Charter.
Carried Unanimously
10.4 Adoption of the City of Ithaca Energy Action Plan 2012 - Resolution
By Alderperson Dotson: Seconded by Alderperson Murtagh
WHEREAS, the City of Ithaca Common Council has demonstrated its desire and
commitment to protect the environment by passing the following resolutions to:
• Join the International Council for Local Environmental Initiatives (2001)
• Endorse the US Mayors’ Climate Protection Agreement (2005)
• Adopt the Climate Smart Communities Pledge (2009), and
WHEREAS, the above resolutions pledged that the City of Ithaca will take local action to
achieve sustainability, energy conservation, and climate protection goals, and
WHEREAS, in order to guide City actions and decision-making to achieve these goals,
a Local Action Plan: to Reduce Greenhouse Gas Emissions for City of Ithaca
Government Operations (“Local Action Plan”) was developed and adopted by Common
Council in July 2006, and
WHEREAS, the Local Action Plan included a baseline inventory of City government
greenhouse gas emissions, a 10-year reduction target, and a number of recommended
measures the City of Ithaca could take to accomplish such reductions, and
WHEREAS, many of these measures have been implemented, or continue to be
implemented by the City since the adoption of the Local Action Plan, however, no formal
monitoring of the implementation measures have been done, and
WHEREAS, the above resolutions and Local Action Plan commit to a continuous and
evolving process, which monitors progress and reports results, updates plans and
policies as needed, and considers new ideas and opportunities, and
WHEREAS, the new Energy Action Plan 2012, which contains an updated greenhouse
gas emissions inventory (2010) for government operations and a baseline inventory for
community-wide emissions, monitors implemented measures, and recommends further
steps the City of Ithaca can take to achieve its carbon reduction goals, is both a result
and a crucial part of such evolving process, and
WHEREAS, the information and strategies outlined in the new Energy Action Plan 2012
will further advance the City’s ongoing efforts of environmental stewardship using
methods that are economically feasible and socially equitable, and
WHEREAS, the Energy Action Plan 2012 must have the support of the City of Ithaca at
all levels of government to be successfully implemented, and
WHEREAS, this support can be demonstrated at first by the City of Ithaca Common
Council through the adoption of the Energy Action Plan 2012, and
WHEREAS, in accordance with the City of Ithaca Code §176-5 (26) “adoption of
regulations, policies, procedures and local legislative decisions in connection with any
action on this list”, this action does not require a City Environmental Quality Review
(CEQR); now, therefore, be it
RESOLVED, That the City of Ithaca Common Council hereby adopts the Energy Action
Plan 2012, and be it further
May 2, 2012
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RESOLVED, That the City of Ithaca hereby endorses a goal of reducing community-
wide greenhouse gas emissions from 2010 levels by 80% by 2050, and be it further
RESOLVED, That the Mayor will work with department heads and city staff, members of
the Local Action Plan Steering Committee, businesses, community groups, academic
institutions, organizations, and other local governments to implement the plan and
advance the City’s environmental goals.
Discussion followed on the floor regarding whether or not the approval of the plan could
be postponed to allow for more public participation and input into it.
Motion to Refer to Committee:
By Alderperson McCollister: Seconded by Alderperson Brock
RESOLVED, That the 2012 City of Ithaca Energy Plan be referred back to committee
for further public participation and input into the plan.
Carried Unanimously
Common Council members suggested that the plan be placed on the city’s website and
that a news release be developed to extend an invitation to the public to comment on
the plan at a specified Planning and Economic Development Committee meeting.
Mayor Myrick expressed his thanks to Dennise Belmaker for her work on the plan. He
further thanked former Mayor Carolyn Peterson for her support of this initiative and
noted that this is one of her crowning achievements.
10.5 Authorization of Conveyance to Ithaca Urban Renewal Agency (IURA) of
203 Third Street Property Acquired Through Foreclosure - Declaration of Lead
Agency - Resolution
By Alderperson Dotson: Seconded by Alderperson McCollister
WHEREAS, the City of Ithaca Common Council is considering conveyance of 203 Third
Street, Ithaca, NY (tax parcel #35.-5-16) to be acquired through tax foreclosure
proceedings to the Ithaca Urban Renewal Agency (IURA)) for disposition to a qualified
sponsor for residential development, and
WHEREAS, as proposed, the Ithaca Urban Renewal Agency (IURA) will solicit
competitive proposals for purchase and development of the property and develop a
proposed property disposition for Common Council approval, and
WHEREAS, the proposed conveyance of a 2,850 sq. ft. parcel of land is an Unlisted
action under the City Environmental Quality Review Ordinance (CEQRO), and
WHEREAS, State Law and Section 176.6 of CEQRO require that a Lead Agency be
established for conducting environmental review of proposed actions in accordance with
local and state environmental law, and
WHEREAS, State Law specifies that for actions governed by local environmental review
the Lead Agency shall be that local agency which has primary responsibility for
approving and funding or carrying out the action, and
WHEREAS, no other agency has jurisdiction to fund, approve or undertake the
proposed action; now, therefore, be it
RESOLVED, That the City of Ithaca Common Council does hereby declare itself Lead
Agency for the environmental review of the proposed conveyance to the Ithaca Urban
Renewal Agency (IURA) of the above listed real property to be acquired through tax
foreclosure.
Carried Unanimously
May 2, 2012
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10.6 Authorization of Conveyance to Ithaca Urban Renewal Agency (IURA) of
203 Third Street Property Acquired Through Foreclosure – Determination of
Environmental Significance - Resolution
By Alderperson Dotson: Seconded by Alderperson Keslick
WHEREAS, the City of Ithaca Common Council is considering conveyance of 203 Third
Street, Ithaca, NY (tax parcel #35.-5-16) to be acquired through tax foreclosure
proceedings to the Ithaca Urban Renewal Agency (IURA)) for disposition to a qualified
sponsor for residential development, and
WHEREAS, as proposed, the Ithaca Urban Renewal Agency (IURA) will solicit
competitive proposals for purchase and development of the property and develop a
proposed property disposition for Common Council approval, and
WHEREAS, on May 2, 2012, the City of Ithaca Common Council declared itself Lead
Agency for the environmental review of this proposed action, and
WHEREAS, such proposed action for the conveyance or sale of less than 2.5
contiguous acres of land is an Unlisted Action under the City of Ithaca Environmental
Quality Review Ordinance (“CEQR”) and an Unlisted Action under the State
Environmental Quality Review Act (“SEQR”), both of which require environmental
review, and
WHEREAS, the Short Environmental Assessment Form (“SEAF”) and supporting
information has been provided to the City of Ithaca Conservation Advisory Council for
review of the proposed action and no comments have been received to date, and
WHEREAS, the City of Ithaca Common Council, acting as Lead Agency for the
environmental review, has reviewed and accepted as adequate a Short Environmental
Assessment Form, Part 1, submitted by the applicant, and Part 2, prepared by Ithaca
Urban Renewal Agency staff; now, therefore, be it
RESOLVED, That the City of Ithaca Common Council hereby determines that the
proposed conveyance to the Ithaca Urban Renewal Agency (IURA) of the 203 Third
Street property acquired through tax foreclosure proceedings will result in no significant
impact on the environment and that a Negative Declaration for purposes of Article 8 of
the Environmental Conservation Law be filed in accordance with the provisions of Part
617 of the State Environmental Quality Review Act.
Carried Unanimously
10.7 Authorization of Conveyance to Ithaca Urban Renewal Agency (IURA) of
203 Third Street Property Acquired Through Foreclosure - Resolution
By Alderperson Dotson: Seconded by Alderperson Kerslick
WHEREAS, the City of Ithaca is in the process of acquiring the 203 Third Street
property (tax parcel #35.-5-16) by tax foreclosure through the City’s Tax Foreclosure
Proceeding filed with the Tompkins County Clerk, and
WHEREAS, as of April 24, 2012, a total of $3,272.92 of City, School and County taxes
were due on the 203 Third Street property, and
WHEREAS, real property acquired by the City of Ithaca through foreclosure
proceedings may be disposed of through auction or directed sale to another party
without advertising for bids or public hearing, and
WHEREAS, the City Chamberlain is authorized, without further Common Council action,
to dispose of properties acquired through tax foreclosure through auction in conjunction
with the County of Tompkins, which auction is scheduled for June, 2012, and
WHEREAS, to properly market properties in the June auction, the City Chamberlain
must submit properties to be sold by auction in early May, and
WHEREAS, Section 1166(1) of New York Real Property Tax Law authorizes a taxing
jurisdiction vested with title to real property by virtue of a foreclosure proceeding under
May 2, 2012
12
that statute to sell and convey the real property so acquired, either with or without
advertising for bids, notwithstanding the provisions of any general, special or local law,
and
WHEREAS, Section 1166(2) of the New York Real Property Tax Law further provides
that no such sale shall be effective unless and until such sale shall have been approved
and confirmed by a majority vote of the governing body of the taxing jurisdiction (except
that no such approval shall be required when the property is sold at a public auction to
the highest bidder), and
WHEREAS, the various methods available to dispose of property include (1) auction, (2)
competitive RFP process, and (3) a directed sale to a non-profit organization for a
specific end use, and each approach optimizes different public policy objectives such as
increasing the tax base, expanding affordable housing opportunities, minimizing
administrative effort & transaction costs, maximizing the purchase price, and
transparency and perceived fairness of the process; and
WHEREAS, given the parcel’s small size and close proximity to existing single-family
homes, the 203 Third Street property is most appropriate for development of detached,
for-sale housing, and
WHEREAS, public policy objectives are best achieved for disposition of 203 Third Street
through a process that provides prospective buyers with an opportunity to submit
proposals to acquire and redevelop the property through an open competitive RFP
process; now, therefore, be it
RESOLVED, That the City Chamberlain is directed to withhold 203 Third Street from the
auction pending conveyance to the Ithaca Urban Renewal Agency (IURA), and be it
further
RESOLVED, That the Mayor, subject to advice of the City Attorney, is hereby
authorized to enter into a property conveyance agreement for 203 Third Street with the
Ithaca Urban Renewal Agency (IURA) for purposes of the (IURA) soliciting competitive
proposals for purchase and development of the property for for-sale, taxable housing,
with a sales price at least equal to pay all outstanding City, School and County taxes
and any other City liens and all expenses of the City and (IURA) associated with the
conveyance, and be it further
RESOLVED, That the Mayor, subject to advice of the City Attorney and the terms and
provisions of the property conveyance agreement, is authorized to convey quit claim
deed for 203 Third Street to the Ithaca Urban Renewal Agency (IURA).
Carried Unanimously
10.8 Authorization of Conveyance to TCAction of 701 Cliff Street Property
Acquired Through Foreclosure - Declaration of Lead Agency - Resolution
By Alderperson Dotson: Seconded by Alderperson McCollister
WHEREAS, the City of Ithaca Common Council is considering conveyance of 701 Cliff
Street, Ithaca, NY (tax parcel #38.-3-7) to be acquired through tax foreclosure
proceedings to Tompkins Community Action, Inc. to be used to develop affordable
housing as part of a YouthBuild project funded by the U.S. Department of Labor, and
WHEREAS, if Tompkins Community Action’s 2012 YouthBuild grant application is not
funded, then the property will be conveyed to the Ithaca Urban Renewal Agency (IURA)
for disposition to a qualified sponsor for residential development subject to Common
Council approval, and
WHEREAS, the proposed conveyance of an approximately 12,600 sq. ft. parcel of land
is an Unlisted action under the City Environmental Quality Review Ordinance (CEQRO),
and
May 2, 2012
13
WHEREAS, State Law and Section 176.6 of CEQRO require that a Lead Agency be
established for conducting environmental review of proposed actions in accordance with
local and state environmental law, and
WHEREAS, State Law specifies that for actions governed by local environmental review
the Lead Agency shall be that local agency which has primary responsibility for
approving and funding or carrying out the action, and
WHEREAS, no other agency has jurisdiction to fund, approve or undertake the
proposed action; now, therefore, be it
RESOLVED, That the City of Ithaca Common Council does hereby declare itself Lead
Agency for the environmental review of the proposed conveyance of the above listed
real property to be acquired through tax foreclosure.
Carried Unanimously
10.9 Authorization of Conveyance to TCAction of 701 Cliff Street Property
Acquired Through Foreclosure - Determination of Environmental Significance -
Resolution
By Alderperson Dotson: Seconded by Alderperson Kerslick
WHEREAS, the City of Ithaca Common Council is considering conveyance of 701 Cliff
Street, Ithaca, NY (tax parcel #38.-3-7) to be acquired through tax foreclosure
proceedings to Tompkins Community Action Inc. (TCAction) to be used to develop
affordable housing as part of a YouthBuild project funded by the U.S. Department of
Labor, and
WHEREAS, if TCAction’s 2012 YouthBuild grant application is not funded, then the
property will be conveyed to the Ithaca Urban Renewal Agency (IURA) for disposition to
a qualified sponsor for residential development subject to Common Council approval,
and
WHEREAS, on May 2, 2012, the City of Ithaca Common Council declared itself Lead
Agency for the environmental review of this proposed action, and
WHEREAS, such proposed action for the conveyance or sale of less than 2.5
contiguous acres of land is an Unlisted Action under the City of Ithaca Environmental
Quality Review Ordinance (“CEQR”) and an Unlisted Action under the State
Environmental Quality Review Act (“SEQR), both of which require environmental
review, and
WHEREAS, the Short Environmental Assessment Form (“SEAF”) and supporting
information has been provided to the City of Ithaca Conservation Advisory Council for
review of the proposed action and no comments have been received to date, and
WHEREAS, Common Council, acting as Lead Agency for the environmental review, has
reviewed and accepted as adequate a Short Environmental Assessment Form, Part 1,
submitted by the applicant, and Part 2, prepared by Ithaca Urban Renewal Agency staff;
now, therefore, be it
RESOLVED, That Common Council hereby determines that the above-described
proposed conveyance of the 701 Cliff Street property acquired through tax foreclosure
proceedings will result in no significant impact on the environment and that a Negative
Declaration for purposes of Article 8 of the Environmental Conservation Law be filed in
accordance with the provisions of Part 617 of the State Environmental Quality Review
Act.
Carried Unanimously
May 2, 2012
14
10.10 Authorization of Conveyance to TCAction of 701 Cliff Street Property
Acquired Through Foreclosure - Resolution
By Alderperson Dotson: Seconded by Alderperson McCollister
WHEREAS, the City of Ithaca is in the process of acquiring the 701 Cliff Street property
(tax parcel #38.-3-7) by tax foreclosure through the City’s Tax Foreclosure Proceeding
filed with the Tompkins County Clerk, and
WHEREAS, as of April 24, 2012, a total of $9,780.57 of City, School and County taxes
were due on the 701 Cliff Street property, and
WHEREAS, real property acquired by the City of Ithaca through foreclosure
proceedings may be disposed of through auction or directed sale to another party
without advertising for bids or public hearing, and
WHEREAS, the City Chamberlain is authorized, without further Common Council action,
to dispose of properties acquired through tax foreclosure through auction in conjunction
with the County of Tompkins, which auction is scheduled for June, 2012, and
WHEREAS, to properly market properties in the June auction, the City Chamberlain
must submit properties to be sold by auction in early May, and
WHEREAS, Section 1166(1) of New York Real Property Tax Law authorizes a taxing
jurisdiction vested with title to real property by virtue of a foreclosure proceeding under
that statute to sell and convey the real property so acquired, either with or without
advertising for bids, notwithstanding the provisions of any general, special or local law,
and
WHEREAS, Section 1166(2) of the New York Real Property Tax Law further provides
that no such sale shall be effective unless and until such sale shall have been approved
and confirmed by a majority vote of the governing body of the taxing jurisdiction (except
that no such approval shall be required when the property is sold at a public auction to
the highest bidder), and
WHEREAS, the various methods available to dispose of tax foreclosed property include
(1) auction, (2) competitive RFP process, and (3) a directed sale to a non-profit
organization for a specific end use, and each approach optimizes different public policy
objectives such as increasing the tax base, expanding affordable housing opportunities,
minimize administrative effort and transaction costs, maximizing the purchase price, and
the transparency and perceived fairness of the process; and
WHEREAS, Tompkins Community Action, Inc. (TCAction) intends to submit a
YouthBuild grant application to the U.S. Department of Labor that is due on May 8,
2012, and
WHEREAS, in YouthBuild programs, low-income young people ages 16 to 24 work full-
time for 6 to 24 months toward their GEDs to high school diplomas while learning job
skills by building affordable housing, and
WHEREAS, TCAction requires site control of a residential site to be competitive in the
YouthBuild grant application, and
WHEREAS, utilization of 701 Cliff Street as a YouthBuild site for creation of affordable
housing while young people learn job skills and earn GEDs or high school diplomas
serves a public purpose, and
WHEREAS, providing site control of 701 Cliff Street to TCAction significantly enhances
the strength of their YouthBuild grant application that will assist residents of the City of
Ithaca; now, therefore, be it
RESOLVED, That the City Chamberlain is directed to withhold 701 Cliff Street from the
auction, and be it further
May 2, 2012
15
RESOLVED, That the Mayor, subject to advice of the City Attorney, is hereby
authorized to enter into a sale agreement for 701 Cliff Street with Tompkins Community
Action, Inc. subject to the following terms:
Sales price - an amount at least sufficient to pay all outstanding City, School and
County taxes and any other City liens due and all out-of-pocket
expenses associated with conveyance;
Land use – development of affordable housing as part of a YouthBuild project
Seller contingency - sale is contingent upon approval of TCAction’s 2012
YouthBuild grant application, and be it further
RESOLVED, That if the seller contingency is not satisfied, then 701 Cliff Street shall be
conveyed the Ithaca Urban Renewal Agency (IURA) for the purpose of soliciting
competitive proposals for purchase and development of the property for multiple unit
residential development, preferably affordable and preferably for-sale units, with a sales
price at least equal to pay all outstanding City, School and County taxes and any other
City liens due and all expenses of the City and Ithaca Urban Renewal Agency (IURA)
associated with conveyance, and be it further
RESOLVED, That the Mayor, subject to advice of the City Attorney and the terms and
provisions of the sales agreement, is authorized to convey quit claim deed of 701 Cliff
Street.
Carried Unanimously
Items 10.11, 10.12, 10.13 were withdrawn from the agenda.
10.14 Authorization of Conveyance to Ithaca Urban Renewal Agency (IURA) of
213-215 W. Spencer Street Property - Declaration of Lead Agency - Resolution
By Alderperson Dotson: Seconded by Alderperson Kerslick
WHEREAS, the City of Ithaca Common Council is considering conveyance of 213-215
W. Spencer Street, Ithaca, NY (tax parcels #93.-7-3 & 93.-7-5) to the Ithaca Urban
Renewal Agency (IURA)) for disposition to a qualified sponsor for residential
development, and
WHEREAS, as proposed, the Ithaca Urban Renewal Agency (IURA) will solicit
competitive proposals for purchase and development of the property and develop a
proposed property disposition for Common Council approval, and
WHEREAS, the proposed conveyance of an approximately 20,700 sq. ft. parcel of land
is an Unlisted action under the City Environmental Quality Review Ordinance (CEQRO),
and
WHEREAS, State Law and Section 176.6 of CEQRO require that a Lead Agency be
established for conducting environmental review of proposed actions in accordance with
local and state environmental law, and
WHEREAS, State Law specifies that for actions governed by local environmental review
the Lead Agency shall be that local agency which has primary responsibility for
approving and funding or carrying out the action, and
WHEREAS, no other agency has jurisdiction to fund, approve or undertake the
proposed action; now, therefore, be it
RESOLVED, That Common Council does hereby declare itself Lead Agency for the
environmental review of the proposed conveyance to the Ithaca Urban Renewal Agency
(IURA) of the above listed real property.
Carried Unanimously
May 2, 2012
16
10.15 Authorization of Conveyance to Ithaca Urban Renewal Agency (IURA) of
213-215 W. Spencer Street Property - Determination of Environmental
Significance - Resolution
By Alderperson Dotson: Seconded by Alderperson Rooker
WHEREAS, the City of Ithaca Common Council is considering conveyance of 213-215
W. Spencer Street, Ithaca, NY (tax parcels #93.-7-3 & 93.-7-5) to the Ithaca Urban
Renewal Agency (IURA) for disposition to a qualified sponsor for residential
development, and
WHEREAS, as proposed, the Ithaca Urban Renewal Agency (IURA) will solicit
competitive proposals to purchase and develop the property for a residential use and
develop a proposed property disposition for Common Council approval, and
WHEREAS, on May 2, 2012, Common Council declared itself Lead Agency for the
environmental review of this proposed action, and
WHEREAS, such proposed action for the conveyance or sale of less than 2.5
contiguous acres of land is an Unlisted Action under the City of Ithaca Environmental
Quality Review Ordinance (“CEQR”) and an Unlisted Action under the State
Environmental Quality Review Act (“SEQR”), both of which require environmental
review, and
WHEREAS, the Short Environmental Assessment Form (“SEAF”) and supporting
information has been provided to the City of Ithaca Conservation Advisory Council for
review of the proposed action and no comments have been received to date, and
WHEREAS, Common Council, acting as Lead Agency for the environmental review, has
reviewed and accepted as adequate a Short Environmental Assessment Form, Part 1,
submitted by the applicant, and Part 2, prepared by Ithaca Urban Renewal Agency staff;
now, therefore, be it
RESOLVED, That Common Council hereby determines that the proposed conveyance
to the Ithaca Urban Renewal Agency (IURA) of the 213-215 W. Spencer Street property
will result in no significant impact on the environment and that a Negative Declaration
for purposes of Article 8 of the Environmental Conservation Law be filed in accordance
with the provisions of Part 617 of the State Environmental Quality Review Act.
Carried Unanimously
10.16 Authorization of Conveyance to Ithaca Urban Renewal Agency (IURA) of
213-215 W. Spencer Street Property - Resolution
By Alderperson Dotson: Seconded by Alderperson Kerslick
WHEREAS, the City of Ithaca Common Council is considering conveyance of 213-215
W. Spencer Street, Ithaca, NY (tax parcels #93.-7-3 & 93.-7-5) to the Ithaca Urban
Renewal Agency (IURA) for disposition to a qualified sponsor for residential
development, and
WHEREAS, pursuant to §695 of General Municipal Law, the City may dispose of real
property at the highest marketable price at public auction or by sealed bid, and
WHEREAS, pursuant to §507 of General Municipal Law, the City is also authorized to
dispose of real property through the Ithaca Urban Renewal Agency (IURA) to a qualified
and eligible sponsor (aka preferred developer) to a preferred developer (aka a “qualified
and eligible sponsor”) at a negotiated sales price for a specific end use. A public
hearing must be held on any Ithaca Urban Renewal Agency (IURA) - proposed property
sale following publication of a notice disclosing the terms of the sale and Common
Council approval of the proposed sale is required, and
WHEREAS, the 2012 City budget includes revenues of $120,000 from the sale of City
properties, so purchase price is a consideration in selecting the method of disposition,
and
May 2, 2012
17
WHEREAS, Common Council has an interest in post-sale use of the property to
enhance the City’s tax base, expand the supply of affordable housing, and compatibility
with the surrounding neighborhood, and
WHEREAS, public policy objectives are best achieved for disposition of 213-215 W.
Spencer Street through a process that provides prospective buyers with an opportunity
to submit proposals to acquire and develop the property through an open competitive
RFP process; now, therefore, be it
RESOLVED, That the Mayor, subject to advice of the City Attorney, is hereby
authorized to enter into a property conveyance agreement for 213-215 W. Spencer
Street with the Ithaca Urban Renewal Agency (IURA) for purposes of the Ithaca Urban
Renewal Agency (IURA) soliciting competitive proposals for purchase and development
of the property with the following guidance:
• Sales price: seek fair market value
• Use: compatible multi-unit residential development, including
affordable housing if feasible
• Tenure: for-sale or rental housing
• Taxable status: taxable, and be it further
RESOLVED, That the Mayor, subject to advice of the City Attorney and the terms and
provisions of the property conveyance agreement, is authorized to convey quit claim
deed for 213-215 W. Spencer Street to the Ithaca Urban Renewal Agency (IURA).
Amending Resolution:
By Alderperson Brock: Seconded by Alderperson McCollister
RESOLVED, That the first Resolved Clause be amended to read as follows:
“RESOLVED, That the Mayor, subject to advice of the City Attorney, is hereby
authorized to enter into a property conveyance agreement for 213-215 W. Spencer
Street with the Ithaca Urban Renewal Agency (IURA) for purposes of the Ithaca Urban
Renewal Agency (IURA) soliciting competitive proposals for purchase and development
of the property with the following guidance:
• Sales price: seek fair market value
• Use: architecturally compatible multi-unit residential development,
including affordable housing if feasible
• Tenure: for-sale or rental housing
• Taxable status: taxable, and be it further”
Carried Unanimously
Amending Resolution:
By Alderperson Clairborne: Seconded by Alderperson Brock
RESOLVED, That the first Resolved clause be amended to read as follows:
“RESOLVED, That the Mayor, subject to advice of the City Attorney, is hereby
authorized to enter into a property conveyance agreement for 213-215 W. Spencer
Street with the Ithaca Urban Renewal Agency (IURA) for purposes of the Ithaca Urban
Renewal Agency (IURA) soliciting competitive proposals for purchase and development
of the property with the following guidance:
• Sales price: seek fair market value
• Use: architecturally compatible multi-unit residential development,
including affordable housing if feasible
government assistance is involved
• Tenure: for-sale or rental housing
• Taxable status: taxable, and be it further
May 2, 2012
18
Ayes (2) Brock, Clairborne
Nays (8) Dotson, Murtagh, Fleming, McCollister, Kerslick, Rooker, Proulx,
Mohlenhoff
Abstentions (0)
Failed
Alderperson Dotson confirmed that the final sale of this property would come back to
Common Council after arranged by the Ithaca Urban Renewal Agency.
Main Motion As Amended:
A vote on the Main Motion as Amended resulted as follows:
Carried Unanimously
10.17 Authorization of Sale of 321 Elmira Road Property for Highest Marketable
Price - Declaration of Lead Agency - Resolution
By Alderperson Dotson: Seconded by Alderperson Kerslick
WHEREAS, the City of Ithaca Common Council is considering sale of 321 Elmira Road,
Ithaca, NY (tax parcel #122.-2-1) by public auction or an alternative authorized
disposition method to achieve a sale at the highest marketable price, and
WHEREAS, the proposed conveyance of an approximately 18,800 sq. ft. parcel of land
is an Unlisted action under the City Environmental Quality Review Ordinance (CEQRO),
and
WHEREAS, State Law and Section 176.6 of CEQRO require that a Lead Agency be
established for conducting environmental review of proposed actions in accordance with
local and state environmental law, and
WHEREAS, State Law specifies that for actions governed by local environmental review
the Lead Agency shall be that local agency which has primary responsibility for
approving and funding or carrying out the action, and
WHEREAS, no other agency has jurisdiction to fund, approve or undertake the
proposed action; now, therefore, be it
RESOLVED, That Common Council does hereby declare itself Lead Agency for the
environmental review of the proposed sale of 321 Elmira Rd. by public auction or an
alternative authorized method to achieve a sale at the highest marketable price.
Carried Unanimously
10.18 Authorization of Sale of 321 Elmira Road Property for Highest Marketable
Price - Determination of Environmental Significance - Resolution
By Alderperson Dotson: Seconded by Alderperson McCollister
WHEREAS, the City of Ithaca Common Council is considering sale of 321 Elmira Road,
Ithaca, NY (tax parcel #122.-2-1) by public auction or an alternative authorized
disposition method to achieve a sale at the highest marketable price, and
WHEREAS, on May 2, 2012, the City of Ithaca Common Council declared itself Lead
Agency for the environmental review of this proposed action, and
WHEREAS, such proposed action for the conveyance or sale of less than 2.5
contiguous acres of land is an Unlisted Action under the City of Ithaca Environmental
Quality Review Ordinance (“CEQR”) and an Unlisted Action under the State
Environmental Quality Review Act (“SEQR”), both of which require environmental
review, and
WHEREAS, the Short Environmental Assessment Form (“SEAF”) and supporting
information has been provided to the City of Ithaca Conservation Advisory Council for
review of the proposed action and no comments have been received to date, and
WHEREAS, Common Council, acting as Lead Agency for the environmental review, has
reviewed and accepted as adequate a Short Environmental Assessment Form, Part 1,
May 2, 2012
19
submitted by the applicant, and Part 2, prepared by Ithaca Urban Renewal Agency staff;
now, therefore, be it
RESOLVED, That the City of Ithaca Common Council hereby determines that the
proposed sale of 321 Elmira Road, Ithaca, NY by public auction or an alternative
authorized disposition method to achieve a sale at the highest marketable will result in
no significant impact on the environment and that a Negative Declaration for purposes
of Article 8 of the Environmental Conservation Law be filed in accordance with the
provisions of Part 617 of the State Environmental Quality Review Act.
Discussion followed on the floor regarding the comments forwarded by the Tompkins
County Planning Department that were not received until after the Planning and
Economic Development Committee meeting.
A vote on the Resolution resulted as follows:
Ayes (9) Dotson, Clairborne, Murtagh, Fleming, McCollister, Kerslick,
Rooker, Mohlenhoff, Proulx
Nays (1) Brock
Abstentions (0)
Carried
10.19 Authorization of Sale of 321 Elmira Road Property for Highest Marketable
Price - Resolution
By Alderperson Dotson: Seconded by Alderperson McCollister
WHEREAS, the City of Ithaca Common Council is considering sale of 321 Elmira Road,
Ithaca, NY (tax parcel #122.-2-1) by public auction or an alternative authorized
disposition method to achieve a sale at the highest marketable price, and
WHEREAS, pursuant to §695 of General Municipal Law, the City may dispose of real
property at the highest marketable price at public auction or by sealed bid, and
WHEREAS, pursuant to §507 of General Municipal Law, the City is also authorized to
dispose of real property through the Ithaca Urban Renewal Agency (IURA) to a qualified
and eligible sponsor (aka preferred developer) to a preferred developer (aka a “qualified
and eligible sponsor”) at a negotiated sales price for a specific end use. A public hearing
must be held on any Ithaca Urban Renewal Agency (IURA) proposed property sale
following publication of a notice disclosing the terms of the sale and Common Council
approval of the proposed sale is required, and
WHEREAS, the 2012 City budget includes revenues of $120,000 from the sale of City
properties, so purchase price is a consideration in selecting the method of disposition,
and
May 2, 2012
20
May 2, 2012
WHEREAS, public policy objectives are best achieved for disposition of 321 Elmira Rd.
by seeking the highest marketable price; now, therefore, be it
RESOLVED, That the Mayor, subject to advice of the City Attorney, is hereby
authorized to enter into agreements to dispose of 321 Elmira Rd. by public auction or an
alternative authorized disposition method to achieve a sale at the highest marketable
price, and be it further
RESOLVED, That the Mayor, subject to advice of the City Attorney, is authorized to
convey a quit claim or warranty deed for 321 Elmira Rd. for a sale at the highest
marketable price.
Extensive discussion followed on the floor regarding the City’s financial objectives,
concerns of storm water management, possible uses of property, and whether the type
of development likely for the property would be in the best interest of the City.
A Vote on the Resolution Resulted as Follows:
Ayes (3) McCollister, Mohlenhoff, Rooker
Nays (7) Brock, Dotson, Clairborne, Murtagh, Flaming, Kerslick, Proulx
Failed
10.20 Authorization of Subdivision and Conveyance to Ithaca Urban Renewal
Agency (IURA) of 6 Acre Parcel at the Southerly End of Cherry Street -
Declaration of Intent to be Lead Agency - Resolution
By Alderperson Dotson: Seconded by Alderperson McCollister
WHEREAS, the City of Ithaca Common Council is considering conveyance of a 6 acre
portion of the 8.25 acre parcel located at the southerly end of Cherry Street (tax parcel
#100.-2-1.2) to the Ithaca Urban Renewal Agency (IURA) to issue an RFP for sale of
the property to a purchaser committing to undertake an economic development project,
and
WHEREAS, the proposed subdivision will result in a 6 acre portion directly accessible to
Cherry Street (Parcel A) to be conveyed to the Ithaca Urban Renewal Agency (IURA)
and a remainder parcel of approximately 2.25 acres (Parcel B) to be retained by the
City, as further shown on a “Survey Map Showing Lands Owned by the City of Ithaca
Located at Southerly End of Cherry Street”, prepared by T.G. Miller P.C., dated March
5, 2012, and
WHEREAS, the proposed subdivision and conveyance of an approximately 6 acres of
land is a Type I action under the City Environmental Quality Review Ordinance
(CEQRO), and
WHEREAS, State Law and Section 176.6 of CEQRO require that a Lead Agency be
established for conducting environmental review of proposed actions in accordance with
local and state environmental law, and
WHEREAS, State Law specifies that for actions governed by local environmental review
the Lead Agency shall be that local agency which has primary responsibility for
approving and funding or carrying out the action, and
WHEREAS, the City of Ithaca Planning & Development Board is an involved agency
that has jurisdiction to fund, approve or undertake the proposed action; now, therefore,
be it
RESOLVED, That the City of Ithaca Common Council does hereby declare its Intent to
Declare Itself Lead Agency for the environmental review of the proposed subdivision
and conveyance a portion of City-owned land at the southerly end of Cherry Street to
the Ithaca Urban Renewal Agency (IURA).
May 2, 2012
21
Discussion followed on the floor regarding the processes that will be needed to
accomplish the proposed subdivision and conveyance.
A vote on the Resolution resulted as follows:
Carried Unanimously
GOVERNMENT PERFORMANCE AND ACCOUNTABILITY COMMITTEE:
11.1 Update from the April 18, 2012 meeting from Committee Chair Mohlenhoff
Chair Mohlenhoff provided the following update for Common Council:
1. Tri-Committee Meeting: Council member chairs of the three standing
committees and the lead staff for each met with the Mayor in April. It was agreed that
this meeting held lots of value and that the group would meet every other month. A main
function of the meeting would be to share each committee’s progress on the Novak
items. It was also agreed that each committee would:
a. Attempt some form of timed agenda format
b. Leave some items on each committee’s agendas as a placeholder – that
even if the item had no update that it was better to leave it on the agenda
as a standing item and just say “no report” or “no update”
2. Novak Report – Items assigned to GPA: Of the 9 items selected by Council at the
February Retreat, 5 were assigned to the GPA Committee. 2 additional items (review of
process for handling matters before Council and design an internal communications
plan) were also assigned to GPA. Two items were prioritized and work has already
begun on the items – E-gov services and Strategic Plan.
3. Scheduling of next Council Retreat: Relevant to the development of a strategic
plan, it was suggested that a joint session of Council and Senior Staff be coordinated.
Common Council members indicated that a half-day session held during the week
would work for them.
4. Common Council Rules of Procedure: We had identified this as an item we would
begin to tackle at the May GPA meeting. We will be identifying ways for other Council
members and staff to provide feedback/input into this process. If you have
ideas/suggestions, etc, please email them to Alderperson Mohlenhoff.
NEW BUSINESS:
13.1 Resolution and Declaration of Official Intent for the Purpose of Acquiring
the Property Generally Described as Johnson Control Energy Project Water Meter
Replacement (“Property”)
By Alderperson Clairborne: Seconded by Alderperson Kerslick
WHEREAS, the City of Ithaca, known as the Lessee, is a political subdivision of the
state of New York (the “State”) and is duly organized and existing pursuant to the
Constitution and laws of the State, and
WHEREAS, pursuant to applicable law, the governing body of the Lessee (“Common
Council”) is authorized to acquire, dispose of and encumber real and personal property,
including, without limitation, rights and interests in property, leases and easements
necessary to the functions or operations of the Lessee, and
WHEREAS, Common Council hereby finds and determines the execution of one or
more lease-purchase agreements (“Equipment Leases”) in the principal amount not to
exceed $2,000,896.70 (“Principal Amount”) for the purpose of acquiring the property
generally described as Johnson Control Energy Project Water Meter Replacement
(“Property”) and to be described more specifically in the Equipment Leases is
appropriate and necessary to the functions and operations of the Lessee, and
WHEREAS, First Niagara Leasing, Inc. (“Lessor”) is expected to act as the Lessor
under the Equipment Leases, and
May 2, 2012
22
WHEREAS, the Lessee may pay certain capital expenditures in connection with the
property prior to its receipt of proceeds of the Equipment Leases (“Lease Purchase
Proceeds”) for such expenditures and such expenditures are not expected to exceed
the Principal Amount, and
WHEREAS, the U.S. Treasury Department regulations do not allow the proceeds of a
tax-exempt borrowing to be spent on working capital and the Lessee shall hereby
declare its official intent to be reimbursed for any capital expenditures for Property from
the Lease Purchase Proceeds; now therefore, be it
RESOLVED, That Common Council hereby approves the following:
Section 1. The Lessee hereby determines that it has critically evaluated the financing
alternatives available to it pursuant to 2 NYCRR Section 39.2 and that entering into the
Equipment Leases and financing the acquisition of the Property thereby is in the best
interests of the Lessee. Such evaluation shall be available as a public record.
The specific reason for such determination is that entering into such Equipment Leases
results in a lower overall cost to the Lessee. Execution of the Equipment Leases will
not cause the Lessee to be in violation of the limits contained in paragraph c of
subdivision 6 of Section 109-b of the General Municipal Law.
Section 2. The Lessee is hereby authorized to acquire and install the Property (the
“Project”) and is hereby authorized to finance the Project by entering into the Equipment
Leases. Any action taken by the Lessee in connection therewith is hereby ratified and
confirmed.
Section 3. The City Controller (an “Authorized Representative”) acting on behalf of the
Lessee is hereby authorized to negotiate, enter into, execute, and deliver one or more
Equipment Leases in substantially the form set forth in the document presently before
Common Council, which document is available for public inspection at the office of the
Lessee. Each Authorized Representative acting on behalf of the Lessee is hereby
authorized to negotiate, enter into, execute, and deliver such other documents relating
to the Equipment Lease (including, but not limited to, escrow agreements) as the
Authorized Representative deems necessary and appropriate. All other related
contracts and agreements necessary and incidental to the Equipment Leases are
hereby authorized.
Section 4. By a written instrument signed by any Authorized Representative, said
Authorized Representative may designate specifically identified officers or employees of
the Lessee to execute and deliver agreements and documents relating to the
Equipment Leases on behalf of the Lessee.
Section 5. The aggregate original principal amount of the Equipment Leases shall not
exceed the Principal Amount and shall bear interest as set forth in the Equipment
Leases and the Equipment Leases shall contain such options to purchase by the
Lessee as set forth therein.
Section 6. The Lessee’s obligations under the Equipment Leases shall be subject to
annual appropriation or renewal by Common Council as set forth in each Equipment
Lease and the Lessee’s obligations under the Equipment Leases shall not constitute
general obligations of the lessee or indebtedness under the Constitution or laws of the
State.
Section 7. It is hereby determined that the purpose of the Project is an object or purpose
described in subdivision 32 of paragraph (a) of Section 11.00 of the Local Finance Law,
and that the period of probable usefulness of said purpose is 20 years.
Section 8. It is hereby determined the term of the Equipment Leases authorized by this
resolution will not be in excess of 12 years.
May 2, 2012
23
Section 9. Common Council has determined that the Project is a Type II action that will
not have a significant effect on the environment and, therefore, no other determination
or procedures under the State Environmental Quality Review Act (“SEQR”) is required.
Section 10. The Common Council of Lessee anticipates that the Lessee may pay
certain capital expenditures in connection with the Property prior to the receipt of the
Lease Purchase Proceeds for the Property. Common Council hereby declares the
Lessee’s official intent to use the Lease Purchase Proceeds to reimburse itself for
Property expenditures. This section of the Resolution is adopted by Common Council
for the purpose of establishing compliance with the requirements of Section 1.150-2 of
Treasury Regulations. This section of the Resolution does not bind the Lessee to make
any expenditure, incur any indebtedness, or proceed with the purchase of the Property.
Section 11. The Authorized Representative is further authorized to take such actions
and execute such documents as may be necessary to ensure the continued status of
the interest on the Equipment Leases authorized by this resolution as excludable from
gross income for federal income tax purposes pursuant to Section 103 of the Code.
Section 12. This resolution is not subject to any mandatory or permissive referendum
pursuant to the Local Finance Law or Section 109-b of the General Municipal Law.
Section 13. This Resolution shall take effect immediately upon its adoption and
approval.
A vote on the Resolution resulted as follows:
Alderperson Brock: Aye Alderperson Dotson: Aye
Alderperson Clairborne: Aye Alderperson Murtagh: Aye
Alderperson McCollister: Aye Alderperson Fleming: Aye
Alderperson Kerslick: Aye Alderperson Rooker: Aye
Alderperson Mohlenhoff: Aye Alderperson Proulx: Aye
Carried Unanimously
MAYOR’S APPOINTMENTS:
Appointment to Ithaca Urban Renewal Agency Board - Resolution
By Alderperson Mohlenhoff: Seconded by Alderperson Dotson
RESOLVED, That Eric Rosario be appointed to the Ithaca Urban Renewal Agency
Board to replace Doug Dylla, and be it further
Appointments to Bicycle Pedestrian Advisory Council – Resolution
RESOLVED, That Matthew Freedman be reappointed to the Bicycle Pedestrian
Advisory Council with a term to expire December 31, 2013, and be it further
RESOLVED, That Garin Danner be appointed to the Bicycle Pedestrian Advisory
Council to fill a vacancy with a term to expire December 31, 2012, and be it further
Appointments to Board of Fire Commissioners - Resolution
RESOLVED, That George McGonigal be appointed to the Board of Fire Commissioners
to fill a vacancy with a term to expire June 30, 2013, and be it further
RESOLVED, That Lyman E. Baker be appointed to the Board of Fire Commissioners to
fill a vacancy with a term to expire June 30, 2014, and be it further
Appointment to Civil Service Commission – Resolution
RESOLVED, That Catherine Thompson be reappointed to the Civil Service Commission
with a term to expire May 31, 2017, and be it further
Appointment to Conservation Advisory Council – Resolution
RESOLVED, That Carrie J. Randall be appointed to the Conservation Advisory Council
to fill a vacancy with a term to expire December 31, 2014, and be it further
May 2, 2012
24
Appointments to Rental Housing Advisory Commission – Resolution
RESOLVED, That Patricia Sipman be reappointed to the Rental Housing Advisory
Commission with a term to expire December 31, 2012, and be it further
RESOLVED, That Katrinka Jackson be appointed to the Rental Housing Advisory
Commission to replace Danielle Harrington with a term to expire December 31, 2012,
and be it further
RESOLVED, That Mitch Paine be appointed to the Rental Housing Advisory
Commission to replace David Gersh with a term to expire December 31, 2013, and be it
further
RESOLVED, That Ayana Richardson be appointed to the Rental Housing Advisory
Commission to replace Joe Schill with a term to expire December 31, 2014, and be it
further
RESOLVED, That Monica Moll be appointed to the Rental Housing Advisory
Commission to replace David Breeden with a term to expire December 31, 2014, and
be it further
RESOLVED, That Richard Cowan be appointed to the Rental Housing Advisory
Commission to replace Allen Miller with a term to expire December 31, 2013, and be it
further
RESOLVED, That Rob Flaherty be appointed to the Rental Housing Advisory
Commission to replace Joyce Muchan with a term to expire December 31, 2013, and be
it further
Appointment to Shade Tree Advisory Council – Resolution
RESOLVED, That Barbara Neal be appointed to the Shade Tree Advisory Council to fill
a vacancy with a term to expire December 31, 2014.
Carried Unanimously
REPORTS OF COMMON COUNCIL LIAISONS:
Bicycle Pedestrian Advisory Council (BPAC):
Alderperson Dotson reported that BPAC had its first meeting since being revitalized,
and it was a great meeting. They adopted a resolution in support of the Ghost Bike
Memorial at Washington Park.
Friends of Stewart Park
Alderperson Mohlenhoff reported that she recently was asked to join the Friends of
Stewart Park Committee. She noted that a walking tour of the Stewart Park buildings
and the golf course was being scheduled.
Community Police Board (CPB):
Alderperson Kerslick reported that the CPB seeking new members. Mayor Myrick noted
that he will post this information on his Facebook page. Alderperson Kerslick further
reported that the Ithaca Police Department has issued a news release regarding newly
available crime statistics on their webpage.
Tompkins County Council of Governments:
Alderperson Clairborne reported that Tompkins County Council of Governments would
be holding a public information officer awareness course on May 10, 2012.
Special Joint Sewer Committee:
Alderperson McCollister reported that the SJC approved the Crane Hogan settlement at
their April meeting.
REPORT OF CITY CLERK:
City Clerk Holcomb read, for the record, the following announcement from the Ithaca
Urban Renewal Agency:
May 2, 2012
25
Notice of Availability and Public Comment Period
&
Public Hearing Notice
City of Ithaca
2012 Action Plan Development
HUD Entitlement Program
The City of Ithaca’s draft Action Plan will be made available for public comment until
3:00 p.m. on May 22, 2012 at the following locations: IURA office (3rd floor Ithaca City
Hall), Ithaca City Clerk’s Office, and on the City of Ithaca web site (www.cityofithaca.org,
click on ‘City Departments’ and then ‘Ithaca Urban Renewal Agency’). This plan
describes the proposed use of federal funds from the US Department of Housing and
Urban Development (HUD) for projects benefiting the City’s low- and moderate-income
residents.
The Planning and Economic Development Committee of the Ithaca Common
Council will hold a Public Hearing at 6:00 p.m. on Wednesday, May 9, 2012 in the
Common Council Chambers at City Hall, 108 E. Green Street, Ithaca, NY. This is
the second of two public hearings to gain public input on development of the City of
Ithaca’s 2012 Action Plan.
Written comments may be submitted to the City Clerk, 108 E. Green Street, Ithaca
14850 and must be received by 3:00 p.m. on May 22, 2012. For more information
contact the Ithaca Urban Renewal Agency at (607) 274-6553.
The public hearing location is fully accessible. If you have a disability and require
accommodations in order to fully participate at the public hearing please contact the
City Clerk at 274-6570 at least 48 hours prior to the meeting.
REPORT OF CITY ATTORNEY:
City Attorney Lavine distributed a flow chart of the redistricting process. He extended a
special thanks to Executive Assistant, Kathy Gehring, for her assistance in preparing
the chart.
He further reported that the Chair of the Independent Redistricting Committee, Tom
Frank, would be presenting the Committee’s recommendation to the Government
Performance and Accountability Committee at their meeting on May 16, 2012 at 6:00
p.m.
MINUTES FROM PREVIOUS MEETINGS:
Approval of the April 4, 2012 Common Council meeting minutes was postponed until the
June 6, 2012 Common Council Meeting.
ADJOURNMENT:
On a motion the meeting adjourned at 9:05 p.m.
______________________________ _______________________________
Julie Conley Holcomb, CMC Svante L. Myrick
City Clerk Mayor