HomeMy WebLinkAboutMN-CC-2014-12-03COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 6:00 p.m. December 3, 2014
PRESENT:
Mayor Myrick
Alderpersons (8) Brock, McGonigal, Murtagh, Clairborne, McCollister, Fleming,
Kerslick, Martell
OTHERS PRESENT:
City Clerk – Conley Holcomb
City Attorney – Lavine
City Controller – Thayer
Community Development Director – Bohn
Bridge Systems Engineer – Gebre
City Planner – Wilson
Director of Parking – Nagy
EXCUSED:
Alderpersons (2): Smith, Mohlenhoff
PLEDGE OF ALLEGIANCE:
Mayor Myrick led all present in the Pledge of Allegiance to the American Flag.
ADDITIONS TO OR DELETIONS FROM THE AGENDA:
Mayor’s Appointments:
Mayor Myrick requested the addition of an Item to be considered prior to the start of the
regular agenda: Appointment of the Youth Bureau Director - Resolution.
No Council member objected
New Business:
Alderperson Murtagh requested the addition of Item 14.1 Recommendation for the
TCAT Board.
Alderperson Clairborne objected to this item being added to the agenda.
Moment of Silence:
Mayor Myrick and Common Council requested a moment of silence to honor Sgt.
Michael James Barra, an Ithaca native who died in 1951 while a prisoner of war in
Korea. Sgt. Barra’s remains were recently identified and returned home to his family for
a full military burial. The Mayor thanked Sgt. Barra and his family for his service and
sacrifice on behalf of a grateful City and Country.
Appointment of the Ithaca Youth Bureau Director
By Alderperson Kerslick: Seconded by Alderperson Brock
RESOLVED, That Elizabeth C. Vance be and hereby is appointed to the position of
Ithaca Youth Bureau Director effective December 8, 2014, at an annual salary of
$77,600.
Mayor Myrick noted that Ms. Vance has done a great job as Interim Director of the
Youth Bureau and was “head and shoulders” above her competition for the position.
Common Council members praised Ms. Vance for her exemplary performance and
dedication to the youth of the community through her work with the Ithaca Youth
Bureau.
A vote on the Resolution resulted as follows:
Carried Unanimously (8-0)
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PROCLAMATIONS/AWARDS:
3.1 Quarterly Employee Recognition Award Presentation
Mayor Myrick presented the Quarterly Employee Recognition Award to Firefighters Ken
Thompson and Adam Buck and Police Officers Mike DuBrava, Matt Pagliaro, and Lt.
Scott Garin for responding to a medical call at the home of retired City of Ithaca Fire
Lieutenant Albert Williams. Although Lt. Williams sadly passed away later that day,
these first responders did everything they could, and took extraordinary efforts to assist
and comfort the family during an incredibly stressful and emotional situation.
This nomination was submitted by Ithaca Firefighter/EMT Ernest Williams, son of Lt.
Albert Williams, on behalf of his entire family.
SPECIAL ORDER OF BUSINESS:
4.1 Presentation of the Annual Pride of Ownership Awards
The 2014 Pride of Ownership Awards Committee announced this year’s winning
projects. The annual awards, recognizing owners of properties within the City of Ithaca
who have developed projects or taken care of their properties in ways that enhance the
physical appearance of city neighborhoods and commercial areas, is a joint project of
the Ithaca Rotary Club and the City of Ithaca.
The 2014 Awards:
310 First Street, Carl Feuer and Carol Cedarholm
224 Cliff Street, Albert Kelly, Owner and contractor
Argos Inn (408 East State Street), Avi Smith, Owner
Breckenridge Place (100 W. Seneca Street), Ithaca Neighborhood Housing
Services
Chis Bordoni Fitness Trailhead, Bordoni Family / Rick Manning
Bill and Melinda Gates Hall, Cornell University
SPECIAL PRESENTATIONS BEFORE COUNCIL:
5.1 Presentation from Disability Advisory Council
Erin Sember-Chase, member of the Disability Advisory Council (DAC) shared a
summary overview of an electronic survey the DAC conducted in the fall of 2013.
Eighty-five people responded to the survey which was designed to identify challenges
and obstacles that individuals with disabilities face in Ithaca. Survey results showed:
81% of responders cited broken/missing sidewalks
Nearly 60% cited poor snow and ice removal
Nearly 50% cited trees and bushes obstructing pathways, sidewalks, or
crosswalks
46% cited doors too heavy to open, or not having automatic door openers
30% cited cars or other vehicles blocking/parking across sidewalks
14.5% cited no audible cross walk signals.
Nearly 3% said there was need for more effective communication methods to be
provided via city website, while over 10% cited effective communication needs to
be more present at city meetings
Trends seen in open ended comments were:
o Lack of accessible parking options and/or accessible parking spaces
being taken by others without disability placards, including city
employees/offices.
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o Crosswalk pedestrian time far too short or that they display “walk” when
drivers still have green light to go.
o More comments re/ manmade obstructions on sidewalks, such as tables
and chairs on sidewalks, trees on curbs, providing little walking space
between/around, etc.
o Other people, including city employees, lacking awareness, education, or
appropriate attitudes toward individuals with disabilities and their needs.
DAC Recommendations/Suggestions:
ENFORCEMENT AND EDUCATION: a majority of responders cited the need for
widespread education on the above issues, as well as for the City and Police to
hold property and business owners responsible/accountable. Specific
suggestions include:
o Stronger education and enforcement, such as through issuing fines, when
owners don’t keep sidewalks clear of obstructions and/or snow/ice
o Ticketing people who violate accessible parking rules
o Install signage where parking is restricted so as to not block accessible
spaces or entrances
o Educating TCAT drivers more about driving slower
o Educating everyone more about disability issues and needs
o Including information on city website about how to report problems like this
as well as how to get ahold of the DAC.
FOCUS ON SNOW AND ICE REMOVAL/MAINTENANCE: City needs to
prioritize this more. One person suggested that the City keep a registry of
community members/volunteers who can shovel or who the City can hire to do
snow removal, such as for elderly and disabled people.
FIX BROKEN SIDEWALKS AND CURB CUTS: this included fixing other
barriers that exist, but primary emphasis was on sidewalks.
IMPROVE CROSS WALKS: install audible cross walks, more time for
pedestrians, and clear messages to pedestrians and drivers.
INSTALL AUTOMATIC DOOR OPENERS: at all public facilities.
INCREASE ACCESSIBLE PARKING OPTIONS: Increase both the number as
well as the location so that closer to building entrances and path of travel.
IMPROVE COMMUNICATION AT CITY MEETINGS: provide priority seating for
people with visual/hearing disabilities; give information in multiple formats (i.e.
Braille, electronically, etc).
INVOLVE PEOPLE WITH DISABILITIES IN PLANNING: A few people
emphasized the need for incorporating accessibility improvements during
construction and renovations and that citizens with disabilities should be sought
out/consulted during the planning and review phases.
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
The following people addressed Common Council:
Shari Korthuis, City of Ithaca, shared her concerns regarding the use of police force.
She referred to the issues that Ferguson, Missouri is facing and requested that Ithaca’s
police officers be outfitted with body cameras; that the use of military powers be ended;
and that the Community Police Board be empowered.
Fay Gougakis, City of Ithaca, voiced her concerns regarding the provisions of the
proposed new Noise Ordinance. She believes that they will not address the issues she
has raised on numerous occasions including bar noise, and shared her disappointment
that no action has been taken on these issues to date.
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Joel Harlan, Town of Newfield, spoke in favor of the widening of the Brindley Street
Bridge. He further shared his concerns about the exodus of chain restaurants in Ithaca,
and reflected on the challenges faced by Ferguson, Missouri.
PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR:
Mayor Myrick reported that the Ithaca Police Department has been meeting with
vendors regarding the selection of body camera equipment and that a special training
program was recently offered and facilitated by the U.S. Department of Justice Office of
Community Relations Services (DOJ/CRS), on the topic of anti-racial profiling. Nearly
every Ithaca Police Officer participated along with approximately 40 members of the
community who were invited to attend. He detailed other initiatives that are underway to
improve police/community relations and outlined the differences between Ithaca and
Ferguson, Missouri.
Alderperson Murtagh addressed comments made regarding the proposed new Noise
Ordinance and explained that amendments have been made to the original draft of the
legislation. The Ordinance will be considered at the next Planning & Economic
Development Committee.
Alderperson Kerslick thanked Alderperson Murtagh for the amount of work that he has
put into the Noise Ordinance, and noted that the amendments made were based on
public feedback. Alderperson Martell also expressed her thanks to Alderperson
Murtagh.
Alderperson Clairborne congratulated the recipients of the Pride of Ownership Awards.
He further announced that Audrey Cooper would be retiring on December 12th after 40
years of service to the Ithaca community.
Alderperson Clairborne recounted his feelings towards the lack of indictments made in
the Michael Brown and Eric Gardner cases. He expressed the need for earnest
discussions in Tompkins County about how people should treat each other.
CONSENT AGENDA ITEMS:
City Administration Committee:
8.1 Department of Public Works - Amendment to Personnel Roster –
Modification of Work Hours for a Position in the Ithaca Area Wastewater
Treatment Facility (IAWWTF) - Resolution
By Alderperson Martell: Seconded by Alderperson McCollister
WHEREAS, to provide adequate administrative support to the Ithaca Area Wastewater
Treatment Facility (IAWWTF) the Water and Sewer Division of the City of Ithaca Department of
Public Works requested and received an increase in the workweek of an Administrative
Coordinator from twenty (20) hours/week to thirty (30) hours/week. This was accomplished by
resolution of item 8.5 of the Common Council Agenda on September 5, 2012; and
WHEREAS, the IAWWTF the Water and Sewer Division of the City of Ithaca Department of
Public Works again requested and received an increase in the workweek of an Administrative
Coordinator from thirty (30) hours/week to thirty five (35) hours/week. This was accomplished by
resolution of item 8.3 of the Common Council Agenda on February 12, 2014; and
WHEREAS, it is again our experience over the time period of February 19, 2014, to date that
this position demands no less than forty (40) hours/week; and
WHEREAS, this shortfall in Administrative support stems from the fact that prior to August 11,
2012, the Water & Sewer Division had four (4) administrative personnel funded on their roster
including 1-Administrative Coordinator (20-hrs/wk), 1-Administrative Assistant (40-hrs/wk), and
2-Financial Management Assistants (40-hrs/wk each). Subsequent to August 11, 2012, there is
only the Administrative Coordinator, and 2-Financial Management Assistants. With the budget
constraints for 2013 they opted to increase the hours of the Administrative Coordinator rather
than fill the vacant Administrative Assistant position; and
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WHEREAS, to allow the Water & Sewer Division the personnel time resources to cover the
administrative needs of the IAWWTF, the Water Treatment Plant, and the Water & Sewer
Division’s main office; now, therefore, be it
RESOLVED, That the workweek of one Administrative Coordinator position in the Water and
Sewer Division of the Department of Public Works be and hereby is increased from thirty five
(35) hours/week to forty (40) hours/week starting January 1, 2015; and be it further
RESOLVED, That for the sole purpose of determining days worked reportable to the New York
State and Local Employees’ Retirement System, the standard workday for this position shall be
established at eight (8) hours per day (forty (40) hours per week); and be it further
RESOLVED, That said roster amendment has been funded within the 2015 Authorized Budget
for both the Water and Sewer Division and the IAWWTF.
Carried Unanimously (8-0)
8.2 Finance – Authorization to Cover Red Accounts - Resolution
By Alderperson Martell: Seconded by Alderperson McCollister
RESOLVED, That the City Controller be empowered to make transfers within the 2014
Budget appropriations, as needed, for the remainder of the 2014 Fiscal Year.
Carried Unanimously (8-0)
8.3 Controller – Request to Amend Budget to Account for 2014 Tompkins County
Celebrations Grant - Resolution
By Alderperson Martell: Seconded by Alderperson McCollister
WHEREAS, during 2014, the City of Ithaca received $26,500 in funds from Tompkins
County to support 15 local Community Celebrations, and
WHEREAS, the City acts as a pass through for these Community Service Grants and
needs to amend the 2014 Budget to account for the grants; now, therefore be it
RESOLVED, That Common Council hereby amends the 2014 authorized budget as
follows to account for various Community Service Celebrations grants received from
Tompkins County:
Increase Revenue Account:
A1012-2379 Community Celebrations $26,500
Increase Appropriation Account:
A1012-5435 Celebration Contracts $26,500
Carried Unanimously (8-0)
CITY ADMINISTRATION COMMITTEE:
9.1 Fire Department - One-Year Extension of Town-City Fire Contract Pending
Further Negotiations - Resolution
By Alderperson Fleming: Seconded by Alderperson Clairborne
WHEREAS, the existing agreement between the Town of Ithaca and the City of Ithaca
by which the Ithaca Fire Department provides service to the Town of Ithaca is set to
expire on December 31, 2014; and
WHEREAS, the City and the Town have commenced negotiations towards a renewal of
this agreement; and
WHEREAS, the negotiators for the City and the Town agree that these negotiations
cannot realistically be completed before the expiration of the agreement; and
WHEREAS, the City and the Town are desirous of continuing the existing arrangement
until such time as the parties are able to conclude negotiations with a new agreement;
now, therefore, be it
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RESOLVED, That the Mayor, upon review by the City Attorney, is hereby authorized to
execute an agreement substantially as included herewith, extending by one year the
term of service under the existing Town-City agreement.
Carried Unanimously
9.2 Power Purchase Agreement (PPA) with Solar City for Solar Farm -
Resolution
By Alderperson Fleming: Seconded by Alderperson Kerslick
WHEREAS, The City of Ithaca Energy Action Plan 2012-2016 recommends exploring
renewable energy options to power City facilities, and the City of Ithaca Renewable Energy
Opportunities report identifies solar photovoltaic systems as one of the most feasible
technologies; and
WHEREAS, in 2006 the City of Ithaca Common Council adopted the Local Action Plan, which
commits to reducing greenhouse gas (GHG) emissions from municipal operations by 20%
below 2001 levels by 2016, and in 2013 Common Council adopted the City of Ithaca Energy
Action Plan 2012-2016, which commits to reducing GHG emissions community-wide by 80%
below 2010 levels by 2050; and
WHEREAS, MEGA, the Municipal Electric and Gas Alliance, through its competitive bidding
process selected Solar City as a preferred provider for solar procurement; and
WHEREAS, Solar City has proposed developing, building, owning and maintaining a 2,400
kilowatt DC solar farm located on Tompkins County land near 766 Warren Road, Ithaca, and
selling all of the generated electricity and renewable energy credits to the City under a 20-year
Power Purchase Agreement (PPA); and
WHEREAS, Tompkins County has agreed to host the solar farm on its land; and
WHEREAS, the proposed two-megawatt solar farm will generate an estimated 2,763,805
kilowatt hours annually, enough GHG-emissions-free electricity to provide an estimated 30% of
City government’s 2010 electricity needs; and
WHEREAS, for each kilowatt hour generated by the solar farm, the City will receive an
estimated $0.105 (10.5 cents) credit from NYSEG, and pay an estimated $0.079 (7.9 cents)
combined to Solar City and Tompkins County; and
WHEREAS, Solar City applied for project funding on behalf of the City to New York State
Energy Research and Development Authority (NYSERDA) under Program Opportunity Notice
(PON) 2956, and in October 2014 was awarded $903,538; and
WHEREAS, Solar City must provide NYSERDA with a copy of the fully executed PPA by
January 15, 2015, to secure the funding; and
WHEREAS, the PPA and associated documents, as well as an agreement with the County are
currently under negotiation; now, therefore be it
RESOLVED, That Common Council is supportive of entering into the Power Purchase
Agreement with Solar City provided that the City can come to mutually agreeable terms with the
County and Solar City; and be it further
RESOLVED, That the Mayor, subject to review by the City Attorney, City Controller, and
Sustainability Coordinator, is hereby authorized to execute all necessary documents, including
but not limited to the Solar Power Purchase Agreement, Performance Guarantee Agreement,
Limited Warranty Agreement, and any agreement with the County for use of the land.
Discussion followed on the floor regarding the lease and payment agreements between
the City and County for use of the land.
Amending Resolution:
By Alderperson Clairborne: Seconded by Alderperson Kerslick
RESOLVED, That the 7th Whereas clause be amended to read as follows:
“WHEREAS, for each kilowatt hour generated by the solar farm, the City will receive an
estimated $0.105 (10.5 cents) credit from NYSEG, and pay an estimated $0.074 (7.4 cents) to
Solar City and $0.005 (.5 cents) to Tompkins County for the lease of the land; and”
Carried Unanimously
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Amending Resolution:
By Alderperson Brock: Seconded by Alderperson Kerslick
RESOLVED, That the 5th Whereas clause be amended to read as follows:
“WHEREAS, Tompkins County has agreed to host the solar farm on its land which the
City intends to lease for the purpose of this agreement; and”
Carried Unanimously
Further discussion followed regarding the cost savings that will be realized from this
agreement. It is estimated that the City will be saving 2.6 cents per kilowatt hour.
Main Motion as Amended
A vote on the Main Motion as Amended resulted as follows:
Carried Unanimously
9.3 DPW - Lake Street Public Park Enhancements - Resolution
By Alderperson Fleming: Seconded by Alderperson Kerslick
WHEREAS, Currently the City of Ithaca Department of Public Works has undertaken a
project to rehabilitate Lake Street Bridge over Fall Creek; and
WHEREAS, the project for the rehabilitation of the Lake Street Bridge Over Six Mile
Creek, P.I.N. 375534 (“the Project”) is eligible for funding under Title 23 U.S. Code as
administered by the Federal Highway Administration (FHWA) that provides for
reimbursement of up to 80% of expenditures incurred by the City for rehabilitation of the
bridge; and
WHEREAS, the City of Ithaca established Capital Project #791 for the Project in the
amount of $1,464,250; and
WHEREAS, Department of Public Works staff recommends Lake Street Public Park
safety improvements and aesthetic enhancements (the “Enhancements”) to the existing
public park located at southeast corner of Lake Street Bridge over Fall Creek; and
WHEREAS, the “Enhancements” are not included in the project budget and are not
eligible for reimbursement by the FHWA; and
WHEREAS, the estimated additional cost to implement the “Enhancements” is
$195,000; and
WHEREAS, the “Enhancements” will be eligible for funding from various sources; and
WHEREAS, the Department of Public Works has received approval for $30,000 in
matching funds from the Ithaca Urban Renewal Agency-Community Development Block
Grant; and
WHEREAS, the Department of Public Works can charge a portion of eligible cost
against the City’s Sidewalk Program; and
WHEREAS, the “Enhancements” will be eligible to apply for funding from Tompkins
County Tourism Capital Grant program in 2015; now therefore be it
RESOLVED, That Common Council Authorizes Public Works Staff to undertake said
“Enhancements” as part of Lake Street Bridge Rehabilitation Project; and be it further
RESOLVED, That, Common Council here by approves an increase of Capital Project
#791, Lake Street Bridge Rehabilitation Project by an amount not to exceed $195,000,
for a total project authorization of $1,659,250; and be it further
RESOLVED, That funds needed for said amendment shall be derived from $30,000 in
IURA block grants, sidewalk program funds, possible tourism capital grant and the
issuance of Serial Bonds.
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Extensive discussion followed on the floor regarding the location of the sidewalks
identified to be replaced and the use of sidewalk improvement funds to complete the
work. Concerns were raised regarding the level of neighborhood input, the project
timeline, the safety of the site from both physical and environmental perspectives, and
the City’s ability to afford the project.
Motion to Refer
By Alderperson Murtagh: Seconded by Alderperson McCollister
RESOLVED, That this item be referred back to the City Administration Committee for
further discussion.
Ayes (6) Clairborne, Murtagh, McCollister, Fleming, Kerslick, Martell
Nays (2) Brock, McGonigal
Carried (6-2)
9.4 City Controller’s Report
City Controller Thayer reported on the following:
2014 Activity:
Sales Tax: 3.2% ahead of 2013 figures. Fuel prices are declining resulting in
lower than anticipated fuel costs; however it also negatively impacts sales tax
figures.
Overtime: the $997,000 budget has been exceeded - approximately $1,186,000
has been spent on overtime to date.
Building Permit Revenue: $700,000 was budgeted - $826,000 has been collected
to date.
Parking Revenue: $2.4 million was budgeted - $1.8 million has been collected to
date.
Mortgage Tax: $360,000 was budgeted – collections have exceeded that figure
by $93,000.
Fines: $1,170,000 was budgeted - $987,000 has been collected to date.
2014 pension liability can be paid early on December 15th for a savings of
$48,000
Snow removal: Labor costs - $52,000 was budgeted / $61,000 has been spent.
Salt costs: $110,000 was budgeted / $82,000 has been spent.
Workers Comp Claims: are down by $200,000
PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE:
10.1 Public Art Commission (PAC) Resolution to Select Artwork for the Dryden
Road Parking Garage Mural Project Mural
By Alderperson Murtagh: Seconded by Alderperson Kerslick
WHEREAS, the City of Ithaca Public Art Commission (PAC) has been established to,
among other duties, review and advise the Common Council on proposals for the
exhibition and display of public art in the City’s public spaces; and
WHEREAS, in 2010, the PAC created a mural and street art program to beautify blank
walls within the city while providing local artists from all sections of the community an
opportunity to showcase their work; and
WHEREAS, the Board of Public Works approved several locations for future murals and
street art by resolution on May 19, 2010, and the City’s Dryden Road Parking Garage
was added to this list of approved locations by the Board on July 14, 2014; and
WHEREAS, the City’s Parking Division has requested that the PAC seek multiple
murals for the Dryden Road Parking Garage to enliven dark areas within the garage
while also deterring graffiti and reducing ongoing maintenance costs; and
WHEREAS, the PAC issued a Call for Proposals in August 2014 and received 18
submissions for the project; and
WHEREAS, the PAC reviewed all of the submissions at its meetings on September 24,
2014 and October 22, 2014, and voted to recommend that Common Council select the
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artwork submitted by nine artists, as shown in “Dryden Road Parking Garage –
Recommended Mural Proposals,” to be installed on walls within the Dryden Road
Parking Garage; and
WHEREAS, the murals will be visible primarily to those within the parking garage, but
the selected proposals have been distributed for public comment; and
WHEREAS, the project will include nine murals and will receive one-time funding
through the Parking Division’s existing 2014 budget, in a total amount not to exceed
$5,875; now, therefore, be it
RESOLVED, That the City of Ithaca Common Council selects the submissions of the
following artists for the Dryden Road Parking Garage Mural Project, as recommended
by the Public Art Commission: Dan Burgevin, Kellie Cox-Brady, Aindriais Dolan, the
Junior Youth Group, Steav Kim, Eric Lindstrom, Kurt Piller, Margaret Reed, and Nate
Waterman; and be it further
RESOLVED, That the selected artists may proceed with the installation of their murals
at their assigned locations within the Dryden Road Parking Garage upon the execution
of an agreement with the City (as reviewed by the City Attorney).
Discussion followed on the floor with City Planner Megan Wilson regarding the City’s
history of paying for art work, artist donations of materials and time, and the use of the
Parking Division’s budget to fund this project. Parking Director Frank Nagy explained
that maintenance of the garages is part of the DPW budget. Experience has shown that
walls with murals on them are less likely to be vandalized with graffiti than blank walls
thereby staving off future maintenance costs. He voiced his support for this project.
Further discussion followed on the status of the Parking Division budget, what
work/purchases may be deferred if these funds are diverted, potential grant
opportunities, and concerns about setting a precedent.
A vote on the Resolution resulted as follows:
Ayes (7) Brock, Clairborne, Murtagh, McCollister, Fleming, Kerslick,
Martell
Nays (1) McGonigal
Carried (7-1)
10.2 Disposition of City-Owned Land at 617 Five Mile Drive - Resolution
a) Declaration of Lead Agency – Resolution
By Alderperson Murtagh: Seconded by Alderperson McCollister
WHEREAS, the City of Ithaca Common Council is considering sale of an approximately
3-acre, unimproved sub-parcel of land located at 617 Five Mile Drive in the Town of
Ithaca, NY (part of tax parcel #31.-2-6) through a competitive sealed bid process to New
Earth Living, LLC; and
WHEREAS, the proposed sale of more than 2.5 acres of contiguous land is a Type 1
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 than the City of Ithaca Common Council has jurisdiction to
approve or undertake the proposed action; now, therefore, be it
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RESOLVED, That the City of Ithaca Common Council does hereby declare itself Lead
Agency for the environmental review of the proposed sale of an approximately 3-acre,
unimproved sub-parcel of land located at 617 Five Mile Drive in the Town of Ithaca, NY
(part of tax parcel #31.-2-6) to New Earth Living, LLC.
Carried Unanimously (8-0)
b) Determination of Environmental Significance – Resolution
By Alderperson Murtagh: Seconded by Alderperson McCollister
WHEREAS, the City of Ithaca Common Council is considering sale of an approximately
3-acre, unimproved sub-parcel of land located at 617 Five Mile Drive in the Town of
Ithaca, NY (part of tax parcel #31.-2-6) through a competitive sealed bid process to New
Earth Living, LLC; and
WHEREAS, 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 transfer or sale of more than 2.5 contiguous
acres of land is a Type 1 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, a Full Environmental Assessment Form (FEAF) and supporting information
has been provided to the City of Ithaca Conservation Advisory Council and Natural
Areas Commission for review of the proposed action and no comments have been
received to date; and
WHEREAS, the Common Council for the city of Ithaca, acting as Lead Agency, has
reviewed the FEAF prepared by IURA and City planning staff; now, therefore, be it
RESOLVED, That the Common Council for the City of Ithaca, as Lead Agency in this
matter, adopts as its own, the findings and conclusions more fully set forth in the FEAF;
and be it further
RESOLVED, That the Lead Agency 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
c.) Disposition of City-Owned Land at 617 Five Mile Drive to New Earth Living
LLC - Authorization
By Alderperson Murtagh: Seconded by Alderperson McCollister
WHEREAS, the City of Ithaca Common Council is considering sale of an approximately
3-acre, unimproved sub-parcel of land located at 617 Five Mile Drive in the Town of
Ithaca, NY (part of tax parcel #31.-2-6) to New Earth Living LLC, and
WHEREAS, on December 13, 2013 the Common Council authorized a competitive
sealed bid process to offer for sale a 3-acre sub-parcel (City Property), subject to the
following terms:
Minimum Price: Fair Market Value to be determined by appraisal to be
conducted after receipt of bids.
Compliance with
Subdivision & Zoning
Regulations:
Purchaser must identify how conveyance of the 3-acre
sub-parcel will comply with Town of Ithaca subdivision
and zoning regulations. As the sub-parcel lacks street
frontage, it appears that consolidation with an existing
adjoining parcel will be required.
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Future Use: Open space, agricultural and/or residential use.
Easement: Sale will be subject to retention of a public easement
across the sub-parcel for access by vehicles and
pedestrians to the City-owned Southwest Natural Area
located east of the railroad tracks.
Additional Purchaser
Expenses:
Appraisal and lot consolidation expenses.
Disclaimer: City reserves the right to reject any and all bids.
WHEREAS, the Common Council further stipulated that the bid award is subject to
completion of environmental review, including advice of the Natural Areas Commission,
and approval by the Common Council, and
WHEREAS, on May 6, 2014 the Ithaca Urban Renewal Agency (IURA) issued and
publicly advertised an Invitation For Bids for the City Property, and
WHEREAS, one bid at $10,000 was received from New Earth Living LLC to purchase
the City Property, and
WHEREAS, an appraisal was conducted at the expense of the prospective purchaser
that concluded the fair market value of the City Property is $16,875, so the initial bid
was rejected, and
WHEREAS, a revised sealed bid offering that established the minimum acceptable bid
at $16,875 was issued on July 30, 2014, and
WHEREAS, one bid at $16,875 was received from New Earth Living LLC to purchase
the City Property, and
WHEREAS, New Earth Living LLC developed the Aurora Street pocket neighborhood
project at the 500 block of Aurora Street, and
WHEREAS, New Earth Living LLC proposes to consolidate the City Property with an
adjacent parcel located at 619 Five Mile Drive for development of an approximately 30-
unit clustered residential subdivision known as Amabel, and
WHEREAS, the City Property is proposed to be used as a natural area for storm water
management and a dog park for residents, though final plans for the project may evolve
as the project proceeds through the Town’s approval process, and
WHEREAS, environmental review for sale of this land has been completed, and
WHEREAS, the City Charter requires approval by 3/4s of the Common Council to
authorize sale of real property; now, therefore,
ORDINANCE -2014
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as
follows:
Section 1. Authorization for Disposition.
A. the Common Council for the City of Ithaca hereby authorizes disposition of an
approximately 3-acre, unimproved, sub-parcel of land located at 617 Five Mile
Drive in the Town of Ithaca NY (part of tax parcel 31.-2-6) to New Earth Living
LLC at a sales price of $16,875, subject to the following conditions:
1. Subdivision and consolidation of the sub-parcel with an adjacent parcel in
conformance with Town of Ithaca land use regulations;
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2. Retention of a public easement across the sub-parcel for access by vehicles
and pedestrians to the City-owned Southwest Natural Area located east of the
railroad tracks bounding the sub-parcel; and
3. Purchaser shall be responsible for the following costs in addition to the bid
purchase price:
• Lot subdivision and consolidation
• Sellers closing cost expenses, including legal, title and boundary
survey as applicable.
B. The Mayor, subject to advice of the City Attorney, is hereby authorized to
execute agreements to implement this resolution, including but not limited to a
purchase and sale agreement and conveyance of deed.
C. Expenses of the IURA directly associated with marketing and sale of the property
shall be reimbursed from sale proceeds.
Section 2. Effective Date. This ordinance shall take effect immediately.
Carried Unanimously
MAYOR’S APPOINTMENTS:
14.1 Recommendation to Tompkins Consolidated Area Transit Board:
Alderperson Murtagh explained that his term is expiring on the TCAT Board and he
needs to step down due to other commitments. He noted that he also serves as the
Board’s Secretary/Treasurer. The City holds three seats on the Board. The other two
seats are currently held by former Superintendent of Public Works Bill Gray, and former
Alderperson Jennifer Dotson. He suggested nominating Chief of Staff Kevin Sutherland
to fill this seat as he has a strong connection to the County, he works closely with the
Mayor, he has a background in finances and budgeting, and has also worked with
Sustainable Strategies who TCAT will be working closely with in 2015. The TCAT vote
on Board members is scheduled for tomorrow; however he will request that it be
deferred until next month.
Alderperson Clairborne explained that traditionally these positions have been held by
Common Council members. The appointment of Mr. Sutherland would mean that two
positions would be filled with staff members and there would be no current
representation of Common Council on the Board.
Alderperson McCollister noted that TCAT is facing serious budget issues and should be
looking for members with financial backgrounds. Mayor Myrick noted that he heard
from all Common Council members regarding the number of liaison appointments they
have and no one expressed a willingness to take on additional work. Alderperson
Murtagh commented that these are very demanding positions.
Common Council agreed to make a recommendation on filling this position at its
January 7, 2015 meeting.
14.2 Appointment to Planning and Development Board – Resolution
By Alderperson McGonigal: Seconded by Alderperson Kerslick
RESOLVED, That Mark Darling be appointed to the Planning and Development Board
to fill a vacancy as the liaison from the Board of Public Works, with a term to expire
December 31, 2016.
Carried Unanimously
REPORT OF CITY CLERK:
City Clerk Holcomb reported that the December Orientation session would be
postponed until 2015.
REPORT OF CITY ATTORNEY:
City Attorney Lavine reported that a local landlord plead guilty to 350 violations of local
and state property maintenance codes for a house located on Plain Street. The
landlord signed two Affidavits of Confession of Judgment, each for $25,000, one
immediately conveyed to the City and the other held by the Court, along with a deed to
the property. He agreed to remedy every violation and bring the house in compliance
with all codes within a period of approximately four months, with the failure to do so
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resulting in payment of the second $25,000 installment along with forfeiture of the
property to the City of Ithaca.
City Attorney Lavine also reported that a Federal Employment Lawsuit filed by a former
Housing Inspector claiming discrimination was dismissed without trail. The Judge found
that the employee was terminated for poor performance and discrimination was not a
factor.
MINUTES FROM PREVIOUS MEETINGS:
Approval of the November 5, 2014 and November 13, 2014 Common Council
Meeting Minutes – Resolution
This item was deferred to the January 2015 meeting.
Motion to Enter into Executive Session:
By Alderperson McCollister: Seconded by Alderperson Kerslick
RESOLVED, That Common Council enter into Executive Session to discuss the
employment history of an individual employee.
Carried Unanimously (8-0)
Reconvene:
Common Council reconvened into Regular Session with no formal action taken.
ADJOURNMENT:
On a motion the meeting adjourned at 8:50 p.m.
______________________________ _______________________________
Julie Conley Holcomb, CMC Svante L. Myrick
City Clerk Mayor