HomeMy WebLinkAboutMN-CC-2017-10-04COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 6:00 p.m. October 4, 2017
PRESENT:
Mayor Myrick
Alderpersons (10) Brock, McGonigal, Murtagh, Nguyen, Gearhart Fleming,
Smith, Kerslick, Mohlenhoff, Decatur
OTHERS PRESENT:
City Clerk – Conley Holcomb
City Attorney – Lavine
City Controller – Thayer
Community Development Director – Bohn
Historic Preservation Planner - McCracken
PLEDGE OF ALLEGIANCE:
Mayor Myrick led all present in the Pledge of Allegiance to the American Flag.
ADDITIONS TO OR DELETIONS FROM THE AGENDA:
Consent Agenda:
Alderperson Brock requested that Item 8.2 entitled “Ithaca Police Department (IPD) -
Request to Amend 2017 Authorized Budget for Grant - Resolution“ be removed from the
consent agenda. This item will become Item 10.1 under the City Administration
Committee agenda.
INDIVIDUAL MEMBER FILED RESOLUTIONS:
6.1 Alderperson Murtagh – A Motion to Fill the Vacant Fifth Ward Common
Council Seat
By Alderperson Murtagh: Seconded by Alderperson Mohlenhoff
RESOLVED, That Michael Decatur be appointed to fill the vacancy in the Fifth Ward,
expiring December 31, 2017, created by the resignation of Alderperson Josephine
Martell.
Alderperson Murtagh explained the process that was followed by the Selection
Committee. He noted that a call for “letters of interest” was issued and three people
responded. Two of the applicants were actively running for the vacant Council seat.
Separate from that process, Michael Decatur indicated that he would be willing to serve
the City on a temporary basis. The person who is elected to the vacant Council seat will
take over in January, 2018 and fill the remainder of the vacant term (2019).
Michael Decatur introduced himself, noting that he offered to serve the City when he
heard that the seat may not be filled until January. He wanted to take the opportunity to
have the Fifth Ward fully represented, especially during the budget process. He shared
his background noting that he has never held public office before. He grew up in Maine
Endwell and works for IBM.
Mayor Myrick thanked Mr. Decatur for offering his service noting that it is a difficult task,
especially during budget season when there are multiple meetings and many complex
decisions to make. Alderperson Kerslick noted that he appreciates Mr. Decatur tackling
the task as it is important for the Fifth W ard to be fully represented during the budget
deliberations. Alderperson Brock welcomed Mr. Decatur and asked whether he would
also be filling former Alderperson Martell’s liaison appointments. Mayor Myrick stated
that he would fill the vacancy at the Planning and Economic Development Committee
but the other liaison appointments would be discussed further.
A vote on the Resolution resulted as follows:
Carried Unanimously
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Motion to Suspend the Rules of Procedure:
By Alderperson Mohlenhoff: Seconded by Alderperson Smith
RESOLVED, That the Common Council Rules of Procedure be suspended for the
purpose of this appointment and the filling of this vacancy.
Alderperson Mohlenhoff explained that the Rules of Procedure would be undergoing a
review with possible amendments to further address the issue of Common Council
vacancies. The Selection Committee would like to have Mr. Decatur seated at this
meeting instead of waiting until next month so that he can participate in the budget
meetings.
A vote on the Resolution resulted as follows:
Carried Unanimously
Oath of Office:
Mayor Myrick administered the Oath of Office and Alderperson Decatur was seated.
PROCLAMATIONS/AWARDS:
Mayor Myrick proclaimed October 28, 2017 as Into the Streets Day in the City of Ithaca.
The Cornell student organizers accepted the proclamation and encouraged
organizations to participate.
SPECIAL PRESENTATIONS BEFORE COUNCIL:
Daniel Hoffman, Natural Areas Committee (NAC), shared the following report:
There are three designated Natural areas in the City: Fall Creek; Six Mile Creek;
and Fuertes Sanctuary in Stewart Park
The City did not operate a Gorge Ranger program this year due to issues related
to the supervision of the program and contributions from the Town of Ithaca and
Tompkins County were not utilized. The NAC regrets this decision as it is not in
keeping with City’s stated commitment to foster safety and the proper treatment
of this important natural area. The unusually cool and wet weather this season
may have contributed to the lack of serious incidents; however, there was more
litter and damage to vegetation in this area.
The NAC believes that there should be a management plan for all of the natural
areas but especially Six Mile Creek. This effort could be combined with the
management plan being developed for the parks and could include a Parks and
Natural Area Manager position who would implement the plans. The supervision
of the Rangers could also fall under this position.
The NAC has discussed the issue of Ezra’s Tunnel which they believe provides
unsafe access to a dangerous area above Ithaca Falls that should be re stricted
for emergency response only.
The Fall Creek Overlook has deteriorated significantly. The outer edge of the
wall is being undermined by erosion and rock fall and needs an effective safety
barrier. The NAC is hopeful that consideration will be given to restoring the area
in the future.
The NAC appreciates the decision to remove the abandoned house on Lake
Street near the Ithaca Falls and would like to be involved with the upcoming
work.
The NAC has some concerns regarding the pending upgrade to water system,
specifically the upgrade of the water main from upper reservoir to the water plant.
This work should have an environmental review in order to reduce the impact of
project on the environment.
The NAC continues to lead work to remove invasive species from natural areas –
especially Six Mile Creek.
The NAC has expressed concerns regarding proposed restructuring of
committees but should the referendum pass, they hope ways will be found to
maintain the momentum of the work they’ve been doing and that NAC members
will be considered for Commissioner appointments.
The NAC expressed their thanks to the staff and city officials who have been of
great assistance throughout the years, especially Roxy Johnston, Jeanne Grace,
and Josephine Martell.
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PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
The following people addressed Common Council on the following issues:
Trevor Peyus, Town of Dryden: 2018 Ithaca Fire Department Budget
Fay Gougakis, City of Ithaca: safety, rules, and development on the Ithaca Commons
Neil Zusman, City of Ithaca: participatory budgeting
David Nutter, City of Ithaca: W. Martin Luther King Street Corridor
Vicki Taylor Brous, Town of Dryden: Green Street Garage transfer of property
Theresa Alt, City of Ithaca: proposed Green Street Garage development project
Laurie Konwinski, City of Ithaca: Catholic Charities services & poverty simulation event
Joel Harlan, Town of Newfield: terrorism, war, and nuclear weapons
Denise Katzman, City of Ithaca: Cargill Salt Mine environmental review
Rob Mackenzie, M.D., Town of Ithaca: Cargill Salt Mine environmental review
John Schroeder, City of Ithaca: historic designation of the Larkin Building
Joanne Trutko, City of Ithaca: Ithaca Community Gardens
Christine O’Malley, Historic Ithaca: historic designation of the Larkin Building
Liz Burus, City of Ithaca: proposed relocation of the Community Gardens
Eva Marque, Town of Newfield: W MLK St Bridge, Cargill Salt Mine, community gardens
Ashley Miller, City of Ithaca: proposed relocation of the community gardens
Crystal Buck, City of Ithaca: proposed relocation of the community gardens
Crystal Theesfeld, Town of Ithaca: finding the community gardens a permanent home
Comments regarding the landmark designation of the Larkin Building, prepared
by Mary Raddant Tomlan, City of Ithaca Historian
As my work schedule may prevent me from arriving at the October 4th Common Council
meeting in time to speak during the public comment period, I am writing to express my
support for the designation of the Larkin Building at 403 College Avenue as a local
landmark. My support for this designation is based on the criteria enumerated in the
Ithaca Landmarks Preservation Commission (ILPC) resolution of July 11, 2017, as
noted and affirmed below.
With regard to the criterion of architectural style, I would note that in the upper stories of
the 1913 Larkin Building, traditional elements such as pilasters and brackets are
employed to present a coherent, ordered form, one that has interest yet is “readable” as
a whole. While decidedly historic in its vocabulary, this facade has nevertheless proven
itself a compatible component of the modern urban st reetscape, existing harmoniously
with its distinctly newer neighbors.
With regard to the building’s association with historically significant persons, at least
four members of the Larkin family had a strong presence in the commercial life of East
Hill within the course of five decades, initially on Eddy Street but also on Stewart and
College Avenues. The building that brothers John J. and Walter J. Larkin had erected at
403 College Avenue represents not simply an abstract real estate investment but one
that was integral with the grocery business that they had developed more than a decade
earlier and would continue to operate until John J. Larkin’s death in 1938. Thereafter,
the ground floor of the building would house, in succession, two other businesses that
would have a long neighborhood history—the Egan family’s grocery and then the
Triangle Book Shop, which had previously been located in Sheldon Court.
Finally, the Larkin Building played an important role in the development of what we
know as Collegetown, and particularly of College Avenue. Prior to the construction of
this building, the Larkin Bros. grocery had been located in one of the commercial-
residential blocks on Eddy Street, closer to the older residential district to the west yet
accessible to residents further up the hill. Until about 1900, the northern portion of
College Avenue (originally named Huestis Street) had remained populated largely by
frame boarding houses, such as the Grand View House erected at 209 in 1888, with a
scattering of smaller buildings containing service and retail businesses. Then, in the
wake of several infrastructure improvements that would facilitate the Huestis Street
access to Cornell, the first commercial-residential block (no longer extant) was erected
on the southwest corner of Huestis and Dryden Road in 1899, followed in 1902 -03 by
the Sheldon Court dormitory at 412-420. The facing site at the Oak Avenue intersection
would be the next to be developed, with erection of the Chacona Block in 1911 -12, and
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this would be followed with the announcement of the Larkin Building in late 1912, with
its construction completed in 1913. These buildings would give College Avenue a new
commercial and residential presence, one that was noted in 1913 by merchants on
Eddy Street, who called (unsuccessfully) for an Eddy Street bridge across Cascadilla
Creek in order to keep trade from heading up the hill.
With this small slice of history in mind, I would like to pose a question: does
Collegetown’s past have a future? This East Hill neighborhood has a rich and
significant past, one that may be “read” in its remaining historic buildings. Yet official
recognition of and appreciation for this past is limited. Yes, the buildings on the west
side of Eddy Street are recognized within the East Hill Historic District, and the Andrew
D. White Gate (“Eddygate”) has been individually designated. With additional historic
resources having been identified in conjunction with the Collegetown Urban Plan and
Design Guidelines, endorsed in 2009, the City applied for and received a Certified Local
Government grant in 2011 or 2012 for the preparation of nominations for the designation
of about a dozen more Collegetown sites. Under the direction of Historic Preservation
Planners Leslie Chatterton and then Lynn Truame, nominations were prepared by
Historic Ithaca staff, while I provided some general history and editing. As a result of
this effort, the John Snaith House at 140 College Avenue and the Grand View House at
209 College have been individually designated, while properties on Orchard Place were
added to the East Hill Historic District.
While these existing recognitions and protections may seem substantial, they cover a
comparatively small piece of an area that continues to be one of the more active and
visited urban nodes in our city. Compared with recognitions given to other areas of the
city, Collegetown, and especially College Avenue, is in danger of losing its past. Current
plans call for the demolition of the former No. 9 Fire Station, a symbol of the City’s late
nineteenth and early twentieth century municipal commitment to Collegetown, leaving
the Larkin Building, Chacona Block and Sheldon Court as the remaining historic
resources that have been identified as significant in the 300 and 400 blocks of College
Avenue. With the historic Cornell University campus to the north and the historic
buildings on the Ithaca Commons downtown, will we continue to see the past as well as
the present in urban Collegetown?
PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR:
Alderperson Murtagh and Mayor Myrick responded to comments made regarding the
early termination of the Community Gardens lease.
Alderpersons Fleming, McGonigal, and Mayor Myrick responded to negative comments
made about a community member, noting that they were not true and were
inappropriate.
Alderperson McGonigal further responded to comments made regarding the proposed
historic designation of the Larkin Building and voiced his desire to save the Nine’s
building as well.
Alderperson Brock responded to comments made regarding the Ithaca Fire Department
budget; economic growth in the City; the Cargill Salt Mine environmental review and the
importance of a healthy lake and clean water. She also responded to comments made
regarding the W. Martin Luther King Street Corridor project, noting that Common
Council does not have the purview to direct major changes to the project; however,
small modifications are being made.
Alderperson Nguyen remembered the victims of the Las Vegas shooting as he does not
want violent acts like this to become normalized in our society. He further spoke about
the gun culture and gun control throughout the Country.
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CONSENT AGENDA ITEMS:
City Administration Committee:
8.1 Approval of the 2017-2018 Civil Service Agreement with the Ithaca City
School District - Resolution
By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick
RESOLVED, That the Mayor and City Controller be authorized and directed to execute
an agreement between the City of Ithaca and the Ithaca City School District for
performance by the City for services in connection with Civil Service matters for the
period July 1, 2017 to June 30, 2018, in an amount payable to the City of Ithaca of
$57,948 on or before December 1, 2017.
Carried Unanimously
8.3 Ithaca Fire Department (IFD) – Amendment to 2017 Budget - Resolution
By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick
WHEREAS, on September 8, 2017, the Ithaca Fire Department was notified that it had
received a FEMA Assistance to Firefighters Grant to purchase and install two (2) new
protective gear washers; and
WHEREAS, the budgeted amount to purchase and install two (2) protective gear
washers is $24,900; and
WHEREAS, up to $22,637 for the purchase and installation of two (2) protective gear
washers is funded through the Assistance to Firefighters Grant Program; and
WHEREAS, ten percent (10%) of the of the total cost to purchase and install two (2)
protective gear washers is estimated at two thousand two hundred sixty-three dollars
($2,263), and will be paid from the 2017 fire department operating budget; now,
therefore be it
RESOLVED, That Common Council hereby amends the 2017 Fire Department Budget
as follows:
Increase Expenses:
A3410-225 Equipment $ 22,637
Increase Revenues:
A3410-2770 Unclassified Revenue $22,637
Carried Unanimously
8.4 Water & Sewer Department (W&S) - Request to Establish a Capital Project
for Water and Sanitary Sewer Mains on the 100 Block of South Albany Street and
the 100 and 200 Blocks of North Albany Street - Resolution
By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick
WHEREAS, the City’s water main in the 100 block of South Albany Street and in the
100 and 200 blocks of North Albany Street is 126 years old, originally constructed in
1891, and the City’s sewer main in the 200 block of North Albany Street is 121 yea rs
old, originally constructed in 1896; and
WHEREAS, the City’s street in the100 block of South Albany Street and in the 100 and
200 blocks of North Albany Street is funded and scheduled for a full depth rebuild in
2018; and
WHEREAS, it was necessary to replace the old water and sewer infrastructure before
rebuilding the road above; and
WHEREAS, the Water & Sewer Division of the City’s Department of Public Works had
only a small window of opportunity to perform the work, and the work has already been
engaged; and
WHEREAS, the City of Ithaca Department of Public Works Water & Sewer Division staff
have estimated the maximum cost for replacement to be $402,000, allocated $298,750
for water and $103,250 for sewer; and
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WHEREAS, City Department of Public Works Water & Sewer Division staff estimates
city crews will complete this work in the time frame from September 2017 to October
2017; now, therefore be it
RESOLVED, That Common Council hereby establishes Capital Project #537 Albany
Street Water Main in the amount of $298,750 and Capital Project #634 Albany Street
Sewer Main in the amount of $103,250, with total funding not to exceed $402,000 to
fund the construction for the replacement of the water main in the 100 block of South
Albany Street and in the 100 and 200 blocks of North Albany Street and the Sanitary
Sewer main on the 200 block of North Albany Street; and, be it further
RESOLVED, That funds needed for said project shall be derived from the advance of
Water and Sewer operating funds with the late r repayment from the issuance of Serial
Bonds.
Carried Unanimously
8.5 Finance Department - Approval of 2016 City of Ithaca Single Audit -
Resolution
By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick
RESOLVED, That the Independent Auditor’s Report for the period of January 1, 2016
through December 31, 2016, prepared by the accounting firm of Insero & Company
CPA’s LLP, be accepted to comply with all the City’s applicable Government Accounting
Standards Board (GSB) Statement 34 and other related audit and single-audit
requirements.
Carried Unanimously
8.6 An Ordinance to Amend Chapter 181 of the City of Ithaca Municipal Code
entitled “Fire Prevention” Related to Appeal and Variance Procedures
By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick
WHEREAS, on September 6, 2017, Common Council enacted fire and safety
regulations pertaining to mobile food vending operations within the City; and
WHEREAS, in the process of developing such fire and safety rules for mobile food
vending, staff determined that the appeal and variance sections of Chapter 181 of the
City of Ithaca Municipal Code entitled “Fire Prevention” require updates; now, therefore
ORDINANCE NO. 2017- ______
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as
follows:
Section 1. Findings of Fact. The Common Council finds that:
1. Chapter 181, Section 11 refers appeals to the “Board of Fire Appeals”, which
does not currently exist.
2. This ordinance will clarify that variances from and appeals of the provisions of
Chapter 181 may be brought to the Building Code Board of Appeals, established
in Chapter 146 of the City of Ithaca Municipal Code entitled “Building Code
Enforcement” to decide appeals and requests for variances related to safety and
fire regulations.
Section 2. Chapter 181 of the City of Ithaca Municipal Code entitled “Fire
Prevention”, Section 181-11 entitled “Board of Fire Appeals” is hereby amended to read
as follows:
Reserved.
[A. The Board of Fire Appeals shall be appointed by the Mayor with the consent of
the Common Council and shall be composed of five members who shall be
selected on the basis of their interest in fire prevention. The Mayor may appoint
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not more than one Council member and one Fire Commissioner to serve on this
Board.
B. This subsection shall apply only to those elements of this chapter that are not
addressed or otherwise covered by the New York State Uniform Fire Prevention
and Building Code. Whenever the Chief of the Fire Department or the Fire
Marshal shall refuse to grant an operating permit applied for, or when the Chief of
the Fire Department or the Fire Marshal shall revoke a duly granted permit for
alleged violation of the provisions of this chapter and/or the terms on which the
permit was granted, or when it is claimed that the provisions of the code do not
apply or that the true intent and meaning of the code may have been
misconstrued or wrongly interpreted, the applicant may appeal from the decision
of the Chief of the Fire Department or the Fire Marshal to the Board of Fire
Appeals within 30 days from the date of the decision. The Board of Fire Appeals
may affirm, modify or reverse any determination of the Chief of the Fire
Department or the Fire Marshal made pursuant to the provisions of this chapter.]
Section 3. Chapter 181 of the City of Ithaca Municipal Code entitled “Fire Prevention”
Section 181-12(B) entitled “Variance procedures; appeals” is hereby amended as
follows:
B. This subsection shall apply only to those elements of this chapter that are not
addressed or otherwise covered by the New York State Uniform Fire Prevention and
Building Code. Whenever the Chief of the Fire Department or the Fire Marshal shall
refuse to grant an operating permit applied for or when the Chief of the Fire
Department or the Fire Marshal shall revoke a duly granted permit for alleged
violation of the provisions of this chapter and/or the terms on which the permit
was granted or when it is claimed that the provisions of the code do not apply or that
the true intent and meaning of the code may have been misconstrued or wrongly
interpreted, the applicant may appeal from the decision of the Chief of the Fire
Department or the Fire Marshal to the Building Code Board of Appeals within 30 days
from the date of the decision. The Building Code Board of Appeals may affirm, modify or
reverse any determination of the Chief of the Fire Department or the Fire Marshal made
pursuant to the provisions of this chapter.
Section 4. Severability. Severability is intended throughout and within the provisions of
this Ordinance. If any section, subsection, sentence, clause, phrase, or portion of this
Ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction,
then that decision shall not affect the validity of the remaining portions of this Ordinance.
Section 5. Effective Date. This ordinance shall take effect on the later of (i) October 4,
2017 and (ii) publication of notice as provided in the Ithaca City Charter.
Carried Unanimously
8.7 Renewal of City of Ithaca’s Co-Sponsorship with the Rotary Club of Ithaca
of the 2018 Fourth of July Fireworks Event - Resolution
By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick
WHEREAS, the City wishes to continue the tradition of hosting fireworks in Stewart Park
for the community to enjoy and celebrate the Fourth of July; and
WHEREAS, 2017 was the first year that the Rotary Club and City of Ithaca co -
sponsored the July 4th fireworks event in Stewart and Cass Parks; and
WHEREAS, City staff and Rotary Club representatives wish to renew the agreement
between the parties in which the City provided traditional municipal services and the
Rotary Club provided all planning and funding for the fireworks and services not
otherwise provided by the City; and
WHEREAS, as co-sponsor of the fireworks event, the Rotary Club of Ithaca commits to
funding the cost of fireworks, concessions, vendors, entertainment, traffic and safety
measures and sanitary amenities; and
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WHEREAS, as co-sponsor of the fireworks display event, the City would not be
responsible for making payment or additional costs, but commits to contracting for, but
not payment, the fireworks display and providing City insurance coverage, equipment,
facilities and staff time of the Ithaca Police Department, Fire Department, Department of
Public Works, Youth Bureau, and any other relevant City department to support the
event at no cost to the Rotary Club; now, therefore be it
RESOLVED, That Common Council supports the City of Ithaca’s co-sponsorship of the
fireworks event in July 2018 and authorizes the City to provide in-kind services at no
charge to the event; and, be it further
RESOLVED, That the Mayor, upon the advice of the City Attorney, is authorized to
execute a renewal memorandum of understanding with the Rotary Club to co -sponsor
the event and memorialize the roles and responsibilities with respect to the fireworks
event.
Carried Unanimously
PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE:
9.1 Transfer of Property at 120 East Green Street to the Ithaca Urban Renewal
Agency (IURA) to Structure a Proposed Urban Renewal Project Subject to
Adopted Resolution
A. Designation of Lead Agency – Resolution
By Alderperson Murtagh: Seconded by Alderperson Kerslick
WHEREAS, the Common Council of the City of Ithaca is considering a proposal to
transfer ownership of property located at 120 East Green Street to the Ithaca Urban
Renewal Agency (IURA), via an option agreement, to structure a proposed property
sale and development agreement with a preferred developer to undertake an urban
renewal project to redevelop the Green Street parking garage; and
WHEREAS, such option agreement shall include a seller contingency requiring
completion of environmental review and site plan approval of the urban renewal project
as a pre-condition for transfer of ownership to the IURA; and
WHEREAS, State Law and Section 176-6 of the City Code require that a lead agency
be established for the purpose of conducting environmental review of projects 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 proposed transfer of less than 2.5 acres of land is an “Unlisted” action
pursuant to the City Environmental Quality Review Ordinance (“CEQR”), which requires
environmental review under CEQR; and
WHEREAS, the property to be transferred at 120 East Green Street is 1.45 acres in
size; now, therefore be it
RESOLVED, That Common Council of the City of Ithaca does hereby declare itself
Lead Agency for the environmental review of the transfer of property located at 120
East Green Street (tax parcel #70.-4-5.2) to the IURA for the purpose of structuring a
proposed property sale and development agreement with a preferred developer to
undertake an urban renewal project subject to approval by Common Council.
Carried Unanimously
B. Determination of Environmental Significance – Resolution
By Alderperson Murtagh: Seconded by Alderperson Kerslick
WHEREAS, the Common Council of the City of Ithaca is considering a proposal to
transfer ownership of property located at 120 East Green Street to the Ithaca Urban
Renewal Agency (IURA), via an option agreement, to structure a proposed property
sale and development agreement with a preferred developer to undertake an urban
renewal project subject to approval by Common Council; and
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WHEREAS, such option agreement shall include a seller contingency requiring
completion of environmental review and site plan approval of the urban renewal project
as a pre-condition for transfer of ownership to the IURA; and
WHEREAS, the proposed urban renewal project will undergo separate environmental
review of the entire urban renewal project after it has been fully defined as part of the
mandatory site plan review process; and
WHEREAS, the proposed urban renewal project is not fully defined or designed at this
time, nor possible without acquisition of City-owned land, therefore an analysis of
potentially significant adverse impacts of a yet-to-be defined urban renewal project at
the site of the Green Street parking garage is not feasible at this time; and
WHEREAS, as part of the site plan review process, the Planning and Development
Board regularly conducts rigorous and thorough environmental review of all aspects of
the proposed development project that comes before it; and
WHEREAS, pursuant to §176-6(F)(1)(b) of the City Environmental Quality Review
Ordinance, the re-establishment of a Lead Agency may occur “upon failure of the Lead
Agency’s basis of jurisdiction,” so that the Planning and Development Board may
subsequently assume the role of Lead Agency for the environmental review for the site
plan review of the proposed hotel project; and
WHEREAS, the proposed action for transfer of city-owned property of less than 2.5
acres is a “Type 1 Action” located within 100 feet of a national historic district under the
City Environmental Quality Review Ordinance; and
WHEREAS, appropriate environmental review has been conducted including the
preparation of a Long Environmental Assessment Form (LEAF); and
WHEREAS, the Common Council of the City of Ithaca, acting as Lead Agency, has
reviewed the SEAF prepared by staff; now, therefore be it
RESOLVED, That this Common Council, as lead agency in this matter, hereby
determines that circumstances warrant a segmented review of this property transfer
from other stages of the proposed urban renewal project and that subsequent
environmental review of the proposed project during the required site plan review
process will be no less protective of the environment; and, be it further
RESOLVED, That the Common Council, as Lead Agency in this matter, hereby adopts
as its own, the findings and conclusions more fully set forth on the Long Environmental
Assessment Form; and, be it further
RESOLVED, That this Common Council, as Lead Agency in this matter, hereby
determines that the proposed action at issue will not have 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.
Community Development Director Bohn stated that an error was made in the
determination of environmental significance. The original resolution no ted that it was an
Unlisted Action; however, it should be listed as a “Type 1 Action located within 100 feet
of a national historic district”. A Type 1 Action requires a Long Environmental
Assessment Form (LEAF) instead of a short form which was distributed at the meeting.
These changes were accepted as a friendly amendment.
Community Development Director Bohn explained that the listed action is the transfer of
property from the City of Ithaca to the Ithaca Urban Renewal Agency. This transaction
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is the initial step of transferring ownership of property to begin the acceptance and
discussion of development proposals.
Alderperson Kerslick asked whether the answer to Question 12 on the LEAF should be
“No”. Community Development Director Bohn confirmed that the response should be
“No”.
Alderperson McGonigal stated that he would like more information about this project
before he votes on it. City Attorney Lavine stated that Common Council would have at
least one other vote on this project.
Alderperson Murtagh acknowledged the concern raised regarding the property being
contiguous to a historic district and stated that the proposed new language satisfies his
concerns.
Alderperson Fleming asked if the proposed property transfer to the IURA would endorse
one project over another. Alderperson Murtagh stated that if the property is transferred,
the IURA would designate a preferred developer after an open, competitive process.
A vote on the Resolution resulted as follows:
Carried Unanimously
C. Transfer of Property at 120 East Green Street to the Ithaca Urban Renewal
Agency (IURA) to Structure a Proposed Urban Renewal Project Subject to
Common Council Approval – Resolution
By Alderperson Murtagh: Seconded by Alderperson Smith
WHEREAS, a developer has approached the City to acquire and redevelop the Green
Street Parking Garage property (Garage) for a proposed mixed -use project including the
following elements:
An approximately 25,000 square foot conference center;
Approximately 350 housing units;
Street level active uses along Green Street;
Retention of the Cinemapolis movie theater;
Approximately 450 parking spaces open to the public
; and
WHEREAS, the City of Ithaca owns tax parcel #70.-4-5.2 located at 120 East Green
Street, a 1.45 acre parcel of which approximately 1.25 acres contains the Garage that is
located within a CBD-140 zoning district; and
WHEREAS, the Green Street parking garage parcel provides approximately 415
parking spaces currently; and
WHEREAS, the western and central sections of the Garage are located on the City-
owned tax parcel #70.-4-5.2 and the eastern section is located on air rights over
property owned by Ithaca Properties LLC; and
WHEREAS, the prospective developer team who approached the City to redevelop the
Garage includes Jeffrey Rimland, the managing member of Ithaca Properties LLC who
owns the land under the eastern section of the Green Garage; and
WHEREAS, the Garage was constructed in 1974 and a recent structural evaluation of
the western and eastern sections of the garage found significant structural problems
that are estimated to require a substantial investment to extend the u seful life of the
garage; and
WHEREAS, §507 of General Municipal Law authorizes the IURA to negotiate sale of
public land with a Qualified and Eligible Sponsor (“Preferred Developer”) to undertake
an urban renewal project, which proposed sale and development agreement is subject
to a public hearing and approval by Common Council; and
October 4, 2017
11
WHEREAS, the primary objective of the Urban Renewal Plan is to improve the
economic, social and physical characteristics of the project neighborhood; and
WHEREAS, City policy requires the Board of Public Works to declare City-owned
property surplus for public works purposes prior to any transfer of City-owned property;
and
WHEREAS, “Plan Ithaca”, the City of Ithaca comprehensive plan, supports compact,
mixed-use development located near transit hubs and an increased supply of housing at
different levels of affordability; and
WHEREAS, environmental review has been completed on this proposed action; now,
therefore be it
RESOLVED, That Common Council hereby authorizes transf er of the Green Street
Parking Garage property located at 120 East Green Street (tax parcel #70.-4-5.2) to the
IURA, via an option agreement, for the purpose of structuring a proposed property sale
and development agreement with a Preferred Developer to undertake an urban renewal
project subject to approval by Common Council; and, be it further
RESOLVED, That such option agreement shall contain the following seller
contingencies to be satisfied prior to closing:
A. Determination by the Board of Public Works that the land and air rights to be
conveyed for the re-development project is surplus for public works purposes;
B. Discharge of mortgage, or consent of property transfer, by M&T Bank who holds
a leasehold mortgage on the Green Garage as security for bonds issued to
construct the public portions of the Cayuga Green project;
C. Determination of exact boundaries of the parcel to be conveyed;
D. Common Council approval of the proposed sale and development agreement
with the developer following publication of a legal notice disclosing the essential
terms of the proposed sale and development project and a public hearing on the
proposed project,
E. Completion of environmental review and site plan approval of the urban renewal
project
; and, be it further
RESOLVED, The Common Council directs the IURA to seek out the following
programmatic elements to be included in the project:
A. An approximately 25,000 square foot conference center;
B. Approximately 350 housing units specifically designed to appeal to a diverse
demographic, including a substantial number of units to be affordable to low
and/or middle income households;
C. Street-level active uses along Green Street;
D. Retention of the Cinemapolis movie theater & a public walkway between Green
Street and the Commons;
E. Approximately 450 parking spaces open to the public, of which at least 90 will be
available for short-term parking; and, be it further
RESOLVED, That the following issues are to be resolved through negotiation to the
satisfaction of the IURA and City:
A. Disposition of the parking agreement for Marriott hotel guests;
B. Compliance with the Downtown Design Guidelines;
C. Coordination and compatibility with adjacent properties/uses and the Downtown
Ithaca Alliance’s 2020 Strategic Plan;
D. Pricing and management of parking available to the public;
E. Disposition of outstanding municipal bonds issued for the Green Street Parking
Garage;
F. Taxable status of the project;
October 4, 2017
12
G. Customer access to Cinemapolis during all phases of the project;
H. Relocation of municipal garbage, recycling and storage functions currently
operating at the project site;
I. Establishment of boundaries of the parcel to be conveyed;
J. Sales price;
K. Design of the public walkway between Green Street and The Commons
; and, be it further
RESOLVED, That the IURA be required to utilize an open competitive selection process
for selecting the Preferred Developer(s); and, be it further
RESOLVED, That any subsequent Common Council approval of the IURA proposed
urban renewal project shall be contingent upon completion of environmental r eview and
site plan approval of the urban renewal project; and, be it further
RESOLVED, That net proceeds from sale of City-owned land to a Preferred Developer
shall be paid to the City; and, be it further
RESOLVED, That the Mayor, upon review by the City Attorney, is hereby authorized to
implement this resolution, including execution of any and all instruments necessary to
execute an option agreement with the Ithaca Urban Renewal Agency; and, be it further
RESOLVED, That the IURA shall be reimbursed for costs incurred to develop the
proposed urban renewal project from lease or loan payments the IURA collects on
behalf of the City.
Community Development Director Bohn noted that the IURA was concerned about the
level of specificity in this Resolution and recommended that the language be broader to
enhance the opportunities for an open, competitive process (ex. 350 housing units vs.
housing units).
Alderperson McGonigal shared his concerns regarding the proposed new level of
parking to replace the surface parking resulting only in the addition of 35 new spaces.
He stressed the parking needs of community.
Alderperson Kerslick stated that he fully supports the intent of making the proposals
more flexible to improve competiveness; however, he would like a study to be
undertaken so that Council could better understand the amount of parking that would be
appropriate to maintain. He noted that there is a level of urgency with this project as
parking garages deteriorate over time.
Alderperson Mohlenhoff noted that a conference center would need an appropriate
amount of transient parking as not everyone would be hotel guests or residents.
Community Development Director Bohn responded that an ideal goal for project is to try
to fill up hotels during the middle of the week when their numbers typically dip.
Discussion followed on the floor regarding air rights. Community Development Director
Bohn explained that the Green Street parking garage was built in three sections. The
City owns from the ground up on western & middle sections of the garage, and owns
the air rights above eastern section of the garage after the 1st level.
Amending Resolution
By Alderperson Brock: Seconded by Alderperson Smith
RESOLVED, That the references in the first Whereas Clause and the 3rd Resolved
Clause be amended to read as follows:
“WHEREAS, a developer has approached the City to acquire and redevelop the Green
Street Parking Garage property (Garage) for a proposed mixed -use project including the
following elements:
A conference center;
Housing units;
October 4, 2017
13
Street level active uses along Green Street;
Retention of the Cinemapolis movie theater;
Approximately 450 parking spaces open to the public
; and”
And
“RESOLVED, The Common Council directs the IURA to seek out the following
programmatic elements to be included in the project:
L. A conference center;
M. Housing units specifically designed to appeal to a diverse demographic, including
a substantial number of units to be affordable to low and/or middle income
households;
N. Street-level active uses along Green Street;
O. Retention of the Cinemapolis movie theater & a public walkway between Green
Street and the Commons;
P. At least 450 parking spaces open to the public, of which at least 90 will be
available for short-term parking; and be it further”
Carried Unanimously
Discussion followed on the floor regarding the declaration of the property as surplus for
public works purposes, and the competitive proposal process. Alderperson Brock noted
that the IURA would have the authority to select the preferred developer. She
acknowledged the concerns that have been expressed about projects/developers that
would have a significant negative impact on neighboring projects that are currently
underway, and suggested that perhaps Common Council should have that authority.
Community Development Director Bohn explained that the first step is to develop a
project that the IURA is happy with and deems financially feasible. At that point, the
project would need to be approved by Common Council. He further noted that the IURA
could select multiple preferred developers that could either compete against each other
or team together.
A vote on the Main Motion as Amended resulted as follows:
Carried Unanimously
9.2 Resolution Requesting Environmental Review of Proposed Cargill Mine
Shaft
By Alderperson Brock: Seconded by Alderperson Kerslick
WHEREAS, the first Cayuga Salt Mine shaft was drilled in 1915 and Cargill, Inc.
(“Cargill”)’s permitted mining reserves extend into the Town of Lansing, Town of
Ulysses, and south into the southern end of Cayuga Lake to within one mile of the City
of Ithaca; and
WHEREAS, the City of Ithaca recognizes the economic, social, recreational, and
ecological importance of Cayuga Lake and its watershed to the State and to the local
community; and
WHEREAS, New York has established the State Environmental Quality Review (SEQR)
process to systematically consider environmental factors early in the planning stages of
actions and projects that are directly undertaken, funded or approved by local, regional
and state agencies;1 and
WHEREAS, environmental review early in the planning stages allows a project to be
vetted, and modified as needed, to avoid adverse impacts on the environment;2 and
WHEREAS, Cargill’s proposed shaft construction, the mining of the one -mile connecting
tunnel, and expanded salt mining have potential adverse impacts that have not been
properly reviewed and vetted under SEQR in contrast to the Hampton Corners Salt
1 6 NYCRR Part 617; SEQR Handbook, 3rd Edition, 2010, Introduction
2 Ibid.
October 4, 2017
14
Mine in Livingston County which is carrying out its second Draft Environmental Impact
Statement; and
WHEREAS, adverse impacts include impacts on local water resources, i ncluding
groundwater and the waters of Cayuga Lake and various ways in which substantial
quantities of salt would be incidentally brought into contact with such local water
resources, not only during current mining operations but also during the post -
operational period after the mine is closed and abandoned; and
WHEREAS, “the abandonment of dry salt mines raises a difficult problem, as post -
abandonment mine flooding is, in most cases, highly probable, with possible severe
consequences at ground level;”3 and
WHEREAS, “the majority of salt mines succumb to collapse and flooding”4 and
“flooding, whether intentional or inadvertent, is …‘game over’ for successful
containment or control of the salinity associated with the brine that will inevitably be
squeezed out of the mine;”5 and
WHEREAS, since 1975, and despite several applications for mine expansion by Cargill,
the New York State Department of Environmental Conservation (NYSDEC) has never
requested a full environmental impact study of the mining risks; and
WHEREAS, the 1994 collapse and flooding of the Retsof salt mine in Livingston County
and subsequent salinization of an adjacent fresh water aquifer provide an example of
various adverse impacts and some of the factors implicated in salt -mine collapse; and
WHEREAS, these and other potential adverse impacts on the environment should be
subject to full and proper environmental review under SEQR; and
WHEREAS, the NYSDEC reviewed the Cargill Shaft 4 project and concluded that the
action meets their standards, and on 16 August 2017 issued an applicable permit
without full environmental review of the project in its entirety; now, therefore be it
RESOLVED, That the City of Ithaca joins with other Cayuga Lake stakeholders in a
soon-to-be-filed Article 78 proceeding to require environmental review under SEQR
pertaining to Cargill’s Shaft 4 project and all proposed construction and expansion of the
Cargill Mine; and, be it further
RESOLVED, That a copy of this resolution be forwarded by the City Clerk to Governor
Andrew Cuomo, NYSDEC Commissioner Basil Seggos, State Senators Patricia
Helming and Thomas O’Mara, Senate Leader John Flanagan, Senate Minority Leader
Andrea Stewart-Cousins, Assemblywoman Barbara Lifton, Assembly Speaker Carl
Heastie, Assembly Minority leader Brian Kolb, Chair of the Assembly’s Standing
Committee on Environmental Conservation Steve Englebright, Village of Trumansburg
Mayor Martin Petrovic, and Tompkins County Legislature Chair Michael Lane.
Alderperson Brock explained that she worked with the Supervisor of the Town of
Ulysses to develop the legislative language. This Resolution has already been adopted
by the Towns of Danby, Caroline, and Ulysses as well as the Villages of Aurora,
Trumansburg, and Lansing. She noted that adding municipalities to the Article 78
proceeding gives weight to the courts that will be considering this issue. Lending the
City’s name to this case exemplifies how important the lake is to the City’s livelihood,
health, and welfare.
Alderperson McGonigal recognized the importance of the Cargill Salt Mine to the Town
of Lansing and surrounding communities. He stated that he supports the environmental
3 P. Bérest, B. Brouard, and B. Feuga, Dry Mine Abandonment, Abstract, Solution Mining Research Institute
(SMRI) Technical Conference Paper, Wichita, KS, Spring 2004. (http://www.brouard-
consulting.com/sites/default/files/smri-wichita.pdf)
4 A. Michalski, 1/31/17 comment letter to DEC.
5 R. Vaughan, 12/9/16 comment letter to DEC.
October 4, 2017
15
review of this project which should not be interpreted as a negative statement against
Cargill.
Alderperson Nguyen questioned whether the City would be committing other resources
in addition to this statement of support. Alderperson Brock and City Attorney Lavine
noted that no money is involved; however, the City could provide information.
Alderson Kerslick thanked the people who came out to speak and Alderperson Brock for
her work on the issue, noting that it is inexcusable not to have a full environmental
study.
Alderperson Mohlenhoff stated that she is uncomfortable with this legislation as the
issue is very complex and she feels ill-prepared and ill-informed to considerate at this
time. She stated that she values Cargill and safety of lake; however, she doesn’t feel
informed enough to understand the complexity of this issue.
Alderperson Brock stated that everyone feels uniformed because the Department of
Environmental Conservation is not sharing information with the public. There is a lack
of transparency and disclosure, and it is hard to feel confident when there has never
been an environmental study conducted on the salt mine.
Alderperson Murtagh stated that the lake is a community resource. He doesn’t view this
action as trying to shut down the project, just as trying to understand the full impact of it.
Alderperson Decatur questioned what the counter argument was. Alderperson Brock
responded that Cargill contends that the EPA and DEC have no jurisdictional authority
over them as the mine existed before these agencies did. They also do not want to
disclose industry secrets.
Alderperson Nguyen stated that environmental review is about the shaft and the
ramifications of the expansion of the mines under the lake. He noted that it is cheaper
to mine under the lake vs. mining under property.
A vote on the Resolution resulted as follows:
Ayes (9) Brock, McGonigal, Nguyen, Murtagh, Gearhart, Fleming, Smith,
Kerslick, Decatur
Nays (1) Mohlenhoff
Carried
9.3 Local Landmark Designation of the Larkin Building at 403 College Avenue -
Resolution
By Alderperson Murtagh: Seconded by Alderperson Kerslick
WHEREAS, set forth in Section 228-4 of the City of Ithaca Municipal Code entitled
“Landmarks Preservation”, the Ithaca Landmarks Preservation Commission (ILPC) is
responsible for recommending to Common Council the designation of identified
structures or resources as individual landmarks and historic districts within the city; and
WHEREAS, on July 11, 2017, the ILPC conducted a public hearing for the purpose of
considering a proposal to designate the Larkin Building at 403 College Avenue as a
local landmark; and
WHEREAS, the designation of a local landmark is a Type II action under the NYS
Environmental Quality Review Act and the City Environmental Quality Review
Ordinance and as such requires no further environmental review; and
WHEREAS, the ILPC found that the proposal meets criteria 1, 2, and 3, defining a
“Local Landmark,” under Section 228-3B of the City of Ithaca Municipal Code entitled
“Designation of Individual Landmarks or Historic Districts” and on July 11, 2017, voted
to recommend the designation of the Larkin Building at 403 College Avenue; and
WHEREAS, set forth in Section 228-4 of the City of Ithaca Municipal Code, the
Planning and Development Board shall f ile a report with Common Council with respect
October 4, 2017
16
to the relation of such designation to the comprehensive plan, the zoning law, projected
public improvements and any plans for the renewal of the site or area involved; and
WHEREAS, a copy of the Planning and Development Board's report and
recommendation for approval of the designation, adopted by resolution at the meeting
held on August 22, 2017, has been reviewed by Common Council; and
WHEREAS, Section 228-4 of the City of Ithaca Municipal Code entitled “Certificate of
Appropriateness for Alteration, Demolition, or New Construction Affecting Individual
Landmarks or Districts” states that Common Council shall, within ninety days of said
recommendation of designation, approve, disapprove or refer back to the ILPC for
modification of same; now, therefore be it
RESOLVED, That Common Council finds that the designation is compatible with and
will not conflict with the comprehensive plan, existing zoning, projected public
improvements or any plans for renewal of the site and area involved; and, be it further
RESOLVED, That the Larkin Building at 403 College Avenue, meets criteria for local
designation, as set forth in the City of Ithaca Municipal Code, as follows:
1. it possesses special character or historic or aesthetic interest or value as part of
the cultural, political, economic, or social history of the locality, region, state, or nation;
or
2. it is identified with historically significant person(s) or event(s); or
3. it embodies the distinguishing characteristics of an architectural style;
; and, be it further
RESOLVED, That Common Council approves the designation of the Larkin Building at
403 College Avenue and the adjacent areas that are identified as tax parcel #64.-2-29
as a local landmark.
Alderperson Murtagh noted that the Planning and Economic Development Committee
was deadlocked on this issue and couldn’t break the tie due to the vacancy of Fifth
Ward seat.
Alderperson McGonigal spoke in favor of this legislation, noting that once these
buildings are lost, they are gone forever.
Alderperson Smith noted that there is disagreement on where the bar on historical
significance is. This action could apply to most of the buildings in Collegetown. He
stated that he could not support a historical designation for this building.
Alderperson Gearhart stated that Council is not looking at all of the buildings in
Collegetown, as each case needs to be considered individually.
Alderperson Kerslick noted that he is not an expert in this field and would need very
strong reasons as to why he would not take the recommendation of the Ithaca
Landmarks Preservation Commission (ILPC) and the Historic Preservation Planner. He
stated that this is an excellent example of the mix of modern and historic buildings that
fit within the core of Collegetown.
Alderperson Nguyen asked what ramifications a local historic designation would have
on the building. Historic Preservation Planner McCracken explained that exterior
alterations would require review by either himself or the full ILPC. The interior of the
building is not reviewed by the ILPC unless it impacts the exterior of the building. For
example the conversion of a room to a laundry room would only require the dryer vent
installation to be reviewed, nothing else.
George Avramis, property owner, provided a description of the plans and shared
pictures of building. He voiced his concerns about safety as the building is landlocked,
and many buildings on College Avenue have had fires. He explained that this is a wood
October 4, 2017
17
frame building with an interior that needs to be torn down. He stated that he respects
the exterior façade but believes the rest of the building needs to be torn down, noting
that only the front face of the building is visible. Historic Preservation Planner
McCracken noted that the City’s legislation doesn’t allow for the designation of just the
façade.
Discussion followed on the floor regarding whether the City could amend its legislation
to allow the ILPC to designate just a façade as historical.
Alderperson Fleming asked what the relationship is between local and State/Federal
designations. Historic Preservation Planner McCracken explained that local
designations are reviewed by the local commission. State and Federal designations are
honorary unless property owner is seeking a tax incentive, or the State / Federal
government is involved in the project. Alderperson Fleming stated that the City needs a
better way to educate the public on the historic significance of these sites such as
historical markers.
Motion to Table
By Alderperson Smith: Seconded by Alderperson Brock
REOLVED, That this issue be tabled in order to research the ability to designate just a
façade.
Historic Preservation Planner McCracken noted that preserving the façade is preserving
a false sense of history. The façade is not the only thing that matters to a site, this
would not be true preservation.
Alderperson McGonigal asked if the building meets current fire safety code including
sprinklers. Mr. Avramis responded that the building does meet current fire codes as the
lowest level and the stairwells have sprinklers; however, there are no sprinklers in the
apartments. The building immediately adjacent to 401 College Ave is not compliant with
the current fire code.
Alderperson Kerslick stated that a historic designation still gives a lot of flexibility in
developing this site. There is not much difference in designating the façade vs. the
designating the building.
Alderperson Brock stated that she does not support the designation of the entire
building and hopes it will be tabled and reconsidered for the façade only.
A vote on the motion resulted as follows:
Ayes (2) Brock, Smith
Nays (8) McGonigal, Nguyen, Murtagh, Gearhart, Fleming, Kerslick,
Mohlenhoff, Decatur
Failed
Main Motion
A vote on the Main Motion resulted as follows:
Ayes (8) McGonigal, Nguyen, Murtagh, Gearhart, Fleming, Kerslick,
Mohlenhoff, Decatur
Nays (2) Brock, Smith
Carried
CITY ADMINISTRATION COMMITTEE:
8.2/10.1 Ithaca Police Department (IPD) - Request to Amend 2017 Authorized
Budget for Grant - Resolution
By Alderperson Mohlenhoff: Seconded by Alderperson Smith
WHEREAS, the City of Ithaca Police Department recently received a Grant in the
amount of $10,000 from Jason Sokolov for a heated concrete floor and insulated
exterior wall at the Police Department training range; now, therefore be it
RESOLVED, That Common Council hereby accepts the Grant for said improvements to
the Police Department Training Range and amends the 2017 Authorized Police
Department Budget as follows:
October 4, 2017
18
Increase Revenue Account
A3120-2705-5017 $10,000
Increase Appropriation Account
A3120-5475-5017 $10,000
Alderperson Brock stated that she spoke with the donor, and he would like to see the
Resolution reflect that Jason Sokolov is the donor, instead of the Jewish Communal Fund.
City Controller Thayer explained that the letter received by the City said that the donor
did not want to be identified and the check was issued by the Jewish Communal Fund.
This change was accepted as a friendly amendment.
Alderperson Brock stated that she was not aware of the use of the consent agenda at the
committee level and believes that every Resolution should be discussed at the committee
level. She further noted that the Resolution was changed after it was ap proved by the
Committee but before it came to Council and voiced her concern about this practice. City
Attorney Lavine explained that this was a staff oversight in an attempt to address a
concern expressed by members of the committee. He stated that staff should inform
Common Council when that happens so that Council is aware of the change. Alderperson
Mohlenhoff explained the specific circumstance , and noted what was done to address
concerns expressed by Alderperson Brock, stating that they were trying to be sensitive of
those concerns.
Discussion followed on the floor regarding the City’s policy regarding anonymous
donations, and the fact that records should be subject to full disclosure. City Attorney
Lavine explained that the city does not have a policy that speaks to the permissibility of
anonymous donations, and has accepted them in the past. He stated that this issue could
be researched further for future donations.
Alderperson Kerslick agreed that a policy would make things more transparent. He
explained that the donor involved wanted to donate to the Ithaca Police Department. A
menu of options was made available and donor selected the project they wished to fund.
Alderperson Brock noted that the City should not start work on projects until the gift has
been approved, stating that work was scheduled to begin this week or last week.
A vote on the Resolution resulted as follows:
Ayes (9) Brock, Nguyen, Murtagh, Gearhart, Fleming, Kerslick, Smith
Mohlenhoff, Decatur
Nays (1) McGonigal
Carried
10.2 Common Council – A Local Law to Override The Tax Levy Limit
Established in General Municipal Law
By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick
Local Law No. 2017 - ______
BE IT ENACTED by Common Council of the City of Ithaca as follows:
Section 1. Legislative Intent
It is the intent of this local law to allow the City of Ithaca to adopt a budget for the fiscal
year commencing January 1, 2018, that requires a real property tax levy in excess of
the “tax levy limit” as defined by General Municipal law §3-c.
Section 2. Authority
This local law is adopted pursuant to subdivision 5 of General Municipal Law §3-c,
which expressly authorizes a local government’s governing body to override the
property tax cap for the coming fiscal year by the adoption of a local law approved by a
vote of sixty percent (60%) of said governing body.
October 4, 2017
19
Section 3. Tax Levy Limit Override
The Common Council of the City of Ithaca, County of Tompkins, New York, is hereby
authorized to adopt a budget for the fiscal year commencing January 1, 2018, that
requires a real property tax levy in excess of the amount otherwise prescribed in
General Municipal Law §3-c.
Section 4. Severability
If a court of competent jurisdiction determines that any clause, sentence, paragraph,
subdivision, or part of this local law or application thereof to any person, firm or
corporation, or circumstance is invalid or unconstitutional, the court’s order or judgment
shall not affect, impair or invalidate the remainder of this local law, but shall be confined
in its operation to the clause, sentence, paragraph, subdivision, or part of this local law
or in its application to the person, individual, firm or corpo ration or circumstance, directly
involved in the controversy in which such judgment or order shall be rendered.
Section 5. Effective Date
This local law shall take effect immediately upon filing with the Secretary of State.
A roll call vote resulted as follows:
Alderperson Brock – Aye Alderperson McGonigal – Aye
Alderperson Nguyen – Aye Alderperson Murtagh – Aye
Alderperson Gearhart – Aye Alderperson Fleming – Aye
Alderperson Smith – Aye Alderperson Kerslick – Aye
Alderperson Mohlenoff – Aye Alderperson Decatur - Aye
Carried Unanimously
City Controller’s Report
City Controller Thayer deferred his report and noted that both hard and electronic
copies of the Mayor’s 2018 Recommended Budget would be made available tomorrow.
APPOINTMENTS OF THE MAYOR:
Workforce Diversity Advisory Council
By Alderperson Brock: Seconded by Alderperson Kerslick
RESOLVED, That LaWanda Cook be appointed to the Workforce Diversity Advisory
Committee to fill a vacancy with a term to expire December 31, 2019.
Carried Unanimously
REPORTS OF COMMON COUNCIL LIAISONS:
Board of Public Works
Alderperson Fleming reported that there were 27 speakers at the last Board of Public
Works meeting regarding the proposed redesign of the MLK / West State Street
Corridor.
Tompkins County Council of Governments (TCCOG)
Alderperson Fleming reported that the public affairs office for the Steven Johnson
School of Business at Cornell University is partnering with local governments on a
training initiative called LeadBold.
She further reported that an idea for a future meeting is to sponsor a lobbying trip to
Albany. Kate Supron from the Cornell Community Relations Office will arrange for
Cornell’s Albany lobbyists to speak to the group.
Cornell Gorge Safety Task Force
Alderperson Fleming reported that she recently represented the City at the Cornell
Gorge Safety Task Force meeting. She noted that Jacob Rand spoke about the loss of
his son, Nathaniel, in the Fall Creek gorge in 2011. She further reported on recent
discussions about installing a gate at Ezra’s Tunnel which has an estimated cost of
$35,000. Todd Bittner, Cornell Plantations, hosted a tour of the area yesterday for four
Common Council members and it was very helpful in order to visualize the issues.
October 4, 2017
20
Alderperson Fleming further reported that Assistant Civil Engineer Yost has provided an
update on the Collegetown projects. Neighbors in the Collegetown neighborhood have
shared concerns regarding student behavior.
Workforce Diversity Advisory Committee
Alderperson Brock reported that the Tompkins County Workers Center requested to
review the city’s policies on LGBTQ rights. The WDAC is working on a “fragrance free”
initiative that will include the purchasing of green cleaning products and placing signs in
the restrooms encouraging people to refrain from using personal products with
fragrances.
Cayuga Lake Watershed
Alderperson Brock reported that local leaders are meeting to discuss funding
opportunities. She described the harmful algae blooms that were discovered in each of
the Finger Lakes this past season, noting that more research needs to be conducted on
this issue.
Disability Advisory Council
Alderperson Brock reported that the DAC has voiced concerns regarding the new
commission structure and has requested that changes be made to the Commissions
Rules of Procedure. Alderperson Mohlenhoff noted that the Working Group has met
with the DAC twice and they have agreed to provide operational language for each of
the commissions. The City Administration Committee will discuss this issue further in
November.
TCAT Board
Alderperson Nguyen reported that the upcoming Chair has declined the seat for next
year. The Executive Committee will discuss who will serve as chair next year, noting
that he is next in line for the position.
Commons Advisory Board
Alderperson Gearhart reported that the Commons Advisory Board will be taking a tour
of the Commons to assess existing signage and discuss enforcement of the rules on the
Commons. They may make recommendations on these issues as well as allowing dogs
on the Commons.
Recreation Partnership
Alderperson Kerslick reported that a new 5 year Recreation Partnership agreement has
been developed and will be sent to the City Administration Committee for consideration.
The current agreement expires at the end of the year. Alderperson Brock asked
whether it was possible to look at geographic demographics to determine if another
method of program funding is appropriate.
MINUTES FROM PREVIOUS MEETINGS:
17.1 Approval of the August 4, 2017 and September 6, 2017 Common Council
Meeting Minutes – Resolution
By Alderperson Smith: Seconded by Alderperson Brock
RESOLVED, That the minutes of the August 4, 2017 and September 6, 2017 Common
Council Meetings be approved as published.
Carried Unanimously
ADJOURNMENT:
On a motion the meeting adjourned at 9:55 p.m.
______________________________ _______________________________
Julie Conley Holcomb, CMC Svante L. Myrick
City Clerk Mayor