HomeMy WebLinkAbout03-07-18 Common Council Meeting AgendaOFFICIAL NOTICE OF MEETING
A Regular meeting of the Common Council will be held on Wednesday, March 7, 2018,
at 6:00 p.m. in the Common Council Chambers at City Hall, 108 East Green Street,
Ithaca, New York. Your attendance is requested.
AGENDA
1. PLEDGE OF ALLEGIANCE:
2. ADDITIONS TO OR DELETIONS FROM THE AGENDA:
3. PROCLAMATIONS/AWARDS:
4. SPECIAL ORDER OF BUSINESS:
4.1 Presentation of Quarterly Employee Recognition Award
5. SPECIAL PRESENTATIONS BEFORE COUNCIL:
5.1 The J. Diann Sams Annual African-American History Month Recognition Award
– Resolution (resolution to be distributed under separate cover)
5.2 Southern Tier AIDS Program Presentation Related to Ithaca’s Supervised
Injection Facility/Safe Consumption Station – Michelle McElroy
6. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
7. PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR:
7.1 Announcement of the Availability of the 2018 Annual Disclosure Forms for
Mayor Myrick and Common Council Members
8. CONSENT AGENDA ITEMS:
City Administration Committee:
8.1 Department of Public Works - Amendment to Personnel Roster - Resolution
8.2 Water & Sewer Department - Amendment to Personnel Roster – Add Two (2)
Senior Wastewater Treatment Plant Operators - Resolution
8.3 Water & Sewer Department - Amendment to Personnel Roster – Add
Maintenance Worker – Resolution
8.4 Authorization for Tompkins County Area Transit (TCAT) to Erect and Maintain an
Auxiliary Storage Building on City-Owned Land - Resolution
8.5 Department of Public Works (DPW) - Reallocation of Position – Director of
Parking - Resolution
8.6 Department of Public Works (DPW) – Parking Structure State Audit Corrective
Action Plan - Resolution
8.7 Ithaca Fire Department (IFD) - Authorization to Distribute Funds - Resolution
8.8 Ithaca Fire Department (IFD) – Award of Bid for Fire Hose - Resolution
Common Council Meeting Agenda
March 7, 2018
Page 2
8. CONSENT AGENDA ITEMS (Continued):
Department of Public Works – Superintendent’s Office:
8.9 Viva Taqueria & Cantina Alcohol Permit Request - Resolution
9. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE:
9.1 Approval of the Downtown Design Guidelines**:
A. Declaration of Lead Agency – Resolution
B. Determination of Environmental Significance – Resolution
C. Approval of Resolution
**Link to Downtown Design Guidelines:
http://www.cityofithaca.org/DocumentCenter/Home/View/6924
9.2 Approval of the Collegetown Design Guidelines***:
A. Declaration of Lead Agency – Resolution
B. Determination of Environmental Significance – Resolution
C. Approval of Resolution
***Link to Collegetown Design Guidelines:
http://www.cityofithaca.org/DocumentCenter/Home/View/6923
9.3 Approval of the Ithaca Urban Renewal Agency’s (IURA) Recommended
Amendment to the 2017 Housing and Urban Development (HUD) Action Plan for
the Harriet Giannelis Child Care Center - Resolution
9.4 Historic Resources Survey Grant Application – Authorization to Apply -
Resolution
10. CITY ADMINISTRATION COMMITTEE:
10.1 An Ordinance to Amend Chapter 120 of the City of Ithaca Municipal Code
Entitled “Youth Council”
10.2 A Local Law to Improve and Strengthen the Sustainable Energy Loan Program
10.3 Authorization to Amend Municipal Agreement Between the City of Ithaca and the
Energy Improvement Corporation to Implement and Administer a Sustainable
Energy Loan Program in the City of Ithaca - Resolution
10.4 Addition to Common Council Rules of Procedure – Resolution
10.5 Declaration of Support for the Ithaca Children’s Garden’s Intention to Construct
an “Urban Environmental Education Center” - Resolution
10.6 Request to Charter Communications to Reinstate Channel WENY in Ithaca -
Resolution
10.7 City Controller’s Report
Common Council Meeting Agenda
March 7, 2018
Page 3
11. REPORTS OF SPECIAL COMMITTEES:
12. NEW BUSINESS:
13. INDIVIDUAL MEMBER – FILED RESOLUTIONS:
13.1 Alderperson McGonigal – Request that Charter Communications Not discontinue
WSKG TV From Its Basic Cable Service - Resolution
14. MAYOR’S APPOINTMENTS:
14.1 Appointments to the Local Advisory Board of Assessment Review for the City of
Ithaca – Resolution
14.2 Appointments/Reappointments to Various City Boards and Committees –
Resolution
14.3 Appointments to Four New Commissions – Resolution
15. REPORTS OF COMMON COUNCIL LIAISONS:
16. REPORT OF CITY CLERK:
17. REPORT OF CITY ATTORNEY:
18. MINUTES FROM PREVIOUS MEETINGS:
18.1 Approval of the October 12, 2017 Budget Meeting Minutes – Resolution
18.2 Approval of the November 1, 2017 Common Council Meeting Minutes –
Resolution
18.3 Approval of the December 6, 2017 Common Council Meeting Minutes –
Resolution
18.4 Approval of the January 1, 2018 Special Common Council Meeting Minutes –
Resolution
18.5 Approval of the January 3, 2018 Common Council Meeting Minutes - Resolution.
19. ADJOURNMENT:
If you have a disability that will require special arrangements to be made in order for you to fully
participate in the meeting, please contact the City Clerk at 274-6570 at least 48 hours before the
meeting.
Out of consideration for the health of other individuals, please try to refrain from using
perfume/cologne and other scented personal care products at City of Ithaca meetings. Thank
you for your cooperation and understanding.
_____________________________________
Sarah L. Myers, IMS for Julie Conley Holcomb,
City Clerk
Date: March 1, 2018
8. CONSENT AGENDA ITEMS:
City Administration Committee:
8.1 Department of Public Works (DPW) - Amendment to Personnel Roster -
Resolution
WHEREAS, the Streets and Facilities Division of the Department of Public Works has a
vacant, funded Custodian (40 hours/week) position at the Ithaca Police Department
(IPD); and
WHEREAS, the Department of Public Works has determined that the existing Custodian
position can be changed to a Buildings and Grounds Maintenance Worker (40 hours per
week) position because the Custodian position allows for supervisory duties, yet there
are no other Custodial Worker positions to supervise at IPD; and
WHEREAS, this change will provide more efficient use of City resources, as the
Building and Grounds Maintenance Worker title more accurately reflects the work that is
performed; now, therefore be it
RESOLVED, That the Personnel Roster of the Department of Public Works be
amended as follows:
Add: One (1) Building and Grounds Maintenance Worker (Grade 4)
Delete: One (1) Custodian (Grade 5)
8.2 Water & Sewer Department - Amendment to Personnel Roster – To Add
Two (2) Senior Wastewater Treatment Plant Operators - Resolution
WHEREAS, the Ithaca Area Wastewater Treatment Facility (IAWWTF) is in the process
of an organizational restructuring to more effectively and efficiently conduct its
operations; and
WHEREAS, the Ithaca Area Wastewater Treatment Facility (IAWWTF) has immediate
need of two (2) Senior Wastewater Treatment Plant Operators; and
WHEREAS, two (2) Senior Wastewater Treatment Plant Operators were included in the
2018 Final Budget for the IAWWTF; and
WHEREAS, with the funding and authorization of two (2) Senior Wastewater Treatment
Plant Operators to the roster, the current titles of Wastewater Treatment Plant Operator
Mechanic and Wastewater Treatment Plant Instrumentation Technician will be defunded
and removed from the roster; and
WHEREAS, a new job description and new position duties statement has been
prepared for the Senior Wastewater Treatment Plant Operator and vetted by the City of
Ithaca Human Resources Department; now, therefore be it
RESOLVED, That the Personnel Roster of the Ithaca Area Wastewater Treatment
Facility be amended as follows:
Add: Two (2) Senior Wastewater Treatment Plant Operators
Delete: One (1) Wastewater Treatment Plant Operator/Mechanic
One (1) Wastewater Treatment Plant Instrumentation Technician
; and, be it further
RESOLVED, That the position of Senior Wastewater Treatment Plant Operator shall be
assigned to the CSEA Administrative Unit at salary grade 13; 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 the funding for this roster change shall be obtained from within the
allocated departmental budget.
8.3 Water & Sewer Department - Amendment to Personnel Roster – To Add
One Maintenance Worker - Resolution
WHEREAS, the Ithaca Area Wastewater Treatment Facility (IAWWTF) has immediate
need of a full time Maintenance Worker; and
WHEREAS, the Ithaca Water Treatment Plant also has immediate need for a full-time
Maintenance Worker; and
WHEREAS, both plants previously shared a single Maintenance Worker position; and
WHEREAS, a full time Maintenance Worker for each plant was included in the 2018
Final Budget; and
WHEREAS, the existing shared position is being re-assigned to the Water Treatment
Plant on a full-time basis; and
WHEREAS, a new position duties statement has been prepared specifically for the new
Maintenance Worker position at the IAWWTF and vetted by the City of Ithaca Human
Resources Department; now, therefore be it
RESOLVED, That the Personnel Roster of the IAWWTF be amended as follows:
Add: One (1) Maintenance Worker
8.4 Authorization for Tompkins County Area Transit (TCAT) to Erect and
Maintain an Auxiliary Storage Building on City-Owned Land - Resolution
WHEREAS, TCAT has requested authorization from the City to construct and maintain
a post frame building to be used for storage supporting TCAT’s functions; and
WHEREAS, TCAT’s proposal contemplates placing a post frame building 30’ by 30’, 12
feet high, in the area northeast of the TCAT building located at 725 Willow Avenue
within City-owned land and part of the Department of Public Works (DPW) parcel
identified as tax map parcel 16-1-3 that is currently used as parking, as shown in the
documents attached and incorporated into this resolution as Exhibit A; and
WHEREAS, TCAT’s use of the land underlying its existing building is memorialized in a
number of agreements, with a lease expiration of October 9, 2021. Such lease includes
authorization to use a right-of-way at the south end of the TCAT facility and two
easements on the north side of the facility for parking and access to the facility, with
such easements remaining titled to the City; and
WHEREAS, due to the City’s ongoing facilities master plan study, City staff has
expressed concerns to TCAT about the permanence of the proposed structure, but finds
that the property is not currently needed for other City purposes and TCAT is in need of
additional space to support its operations; and
WHEREAS, City staff supports permitting TCAT to erect and maintain the auxiliary
storage building provided the following conditions are met:
construction of the storage facility is at TCAT’s sole risk and expense;
the City does not guarantee any rights to maintain the structure upon, and/or in
the event of, termination of the TCAT lease; and
the proposed structure will not increase the area shared by the City and County,
; and
WHEREAS, the original lease specified pre-paid rent in the form of 50% of the design
and construction costs as consideration of the City’s conveyance of the underlying
parcel; and
WHEREAS, TCAT would be solely responsible for all expenses related to construction
of the proposed storage building; now, therefore be it
RESOLVED, That the Common Council hereby grants the request for authorization to
erect and maintain a storage building, as proposed and in the area identified in Exhibit
A, contingent upon the execution of an agreement memorializing the following
conditions on TCAT’s use of the land:
- construction of the storage facility is at TCAT’s sole risk and expense;
- the City does not guarantee any rights to maintain the structure upon, and/or in
the event of, termination of the TCAT lease;
- TCAT’s authorization to use the parcel shall terminate upon such date when
TCAT ceases to use 725 Willow Avenue or expiration of the TCAT parcel lease
in 2021, whichever is earlier;
- Upon termination of the City’s authorization to use the premises, TCAT shall
remove the storage building at its expense unless the parties agree otherwise;
and
- the proposed structure will not increase the area shared by the City and County
; and, be it further
RESOLVED, That the Mayor, upon consultation with the Director of Planning,
Superintendent of Public Works, and City Attorney, is hereby authorized to execute an
agreement allowing said use of City property under the conditions specified above and
containing the City’s usual terms and conditions for use of City land.
8.5 Department of Public Works (DPW) - Reallocation of Position – Director of
Parking - Resolution
WHEREAS, the position of Director of Parking was created in 2012 and assigned to the
Managerial Compensation Plan based on an outline of the position’s anticipated duties
and responsibilities; and
WHEREAS, the duties and responsibilities of the position evolved into more than
originally anticipated, including the addition of responsibility for the maintenance of the
Ithaca Commons; and
WHEREAS, the Human Resources Department has reviewed the point factor evaluation
of the Director of Parking position and determined that the growth in responsibilities
merits an increased point factor rating, which results in the reallocation of the position to
a higher salary grade; now, therefore be it
RESOLVED, That the position of Director of Parking be reallocated from Grade 7 to
Grade 8 on the City of Ithaca Managerial Compensation Plan; and, be it further
RESOLVED, That the funding for this reallocation shall be derived from within the
approved 2018 Department of Public Works budget.
8.6 Department of Public Works (DPW) – Parking Structure State Audit
Corrective Action Plan - Resolution
WHEREAS, the Office of the State Comptroller conducted an audit of certain aspects of
parking structures safety inspections used by various municipalities including the city;
and
WHEREAS, the final audit report was issued on December 29, 2017, and contained five
recommendations for improvements to the City’s parking structure inspection process
and documentation; and
WHEREAS, General Municipal Law §35 requires Common Council to approve a
Corrective Action Plan detailing how and when measures will be implemented to
address the recommendations; and
WHEREAS the Department of Public Works (DPW) has already started to implement
some corrective action to address the recommendations contained in the audit, as
detailed in the attached Corrective Action Plan, and Council believes that such actions
effectively address the issues raised in the report; now, therefore be it
RESOLVED, That Common Council approves the DPW 2018 Corrective Action Plan;
and, be it further
RESOLVED, That the City Clerk shall submit a copy of the DPW 2018 Corrective Action
Plan to the Office of the State Comptroller, and shall maintain the plan on file for review
by the public.
8.7 Ithaca Fire Department (IFD) - Authorization to Distribute Funds -
Resolution
WHEREAS, the City of Ithaca Board of Fire Commissioners had fiduciary responsibility
for the following funds and accounts, which are held by the City Chamberlain:
Donation fund (Checking Account with Tompkins Trust Company) – November
2017 Balance = $2,794.79
Rescue Donation fund (Checking Account with TTC) – November 2017 Balance
= $1,648.61
Bunker Fund (Trust account maintained by City Chamberlain) Balance = $5.00
1896 Steamer Display Fund (Trust account maintained by City Chamberlain)
Balance = $875.
175th Anniversary Fund (Trust account maintained by City Chamberlain) Balance
= $ 1,173.12
Child Safety Seats (Trust account maintained by City Chamberlain) Balance =
$238
Community Risk Account (Trust account maintained by City Chamberlain)
Balance = $3,023.06
; and
WHEREAS, the original purpose for which some of these funds were established has
already been addressed; and
WHEREAS, there has been no specific fiduciary responsibility assigned for these funds
after December 31, 2017, and the Board of Fire Commissioners, in exercising its
fiduciary responsibility over the balance in these accounts, determined that the following
actions are an appropriate use or distribution of these funds; now, therefore be it
RESOLVED, That the City Chamberlain be authorized and directed to distribute the
entire balance of the Rescue Donation Fund and that the funds be placed into the
Ithaca Fire Department’s Equipment Operating account; and, be it further
RESOLVED, That the City Chamberlain be authorized and directed to close the Rescue
Donation fund account; and, be it further
RESOLVED, That the City Chamberlain be authorized and directed to distribute the
balance of the Donation Fund, less $1,500 which shall be left in the account for future
use of the Ithaca Fire Department, and that the distributed funds be placed into the
Ithaca Fire Department’s Equipment Operating account; and, be it further
RESOLVED, That the Fire Chief be authorized and directed to spend the funds that
were transferred to the Equipment Operating Account to help Neriton Fire Company No.
9 outfit their new fire police vehicle and for other equipment acquisitions in amounts at
his discretion; and, be it further
RESOLVED, That the City Chamberlain be authorized and directed to transfer the
entire balance of the Child Safety Seats fund and the Bunker Fund into the Community
Risk account; and, be it further
RESOLVED, That the City Chamberlain be authorized and directed to close the Child
Safety Seats fund and Bunker Fund accounts; and, be it further
RESOLVED, That the City Chamberlain be authorized and directed to transfer the
entire balance of the 1896 Steamer Display Fund into the 175th Anniversary Fund; and
be it further
RESOLVED, That the City Chamberlain be authorized and directed to close the 1896
Steamer Display Fund account; and, be it further
RESOLVED, That the City Chamberlain be authorized to distribute funds in perpetuity
from the Community Risk Account at the discretion of the Fire Chief for purposes of
providing materials to the members of the public that reduce the risk of loss of life,
injury, or property damage; and, be it further
RESOLVED, That Common Council directs that the authority to distribute funds from
the trust accounts be transferred under the authority of the City Controller; and, be it
further
RESOLVED, That Common Council hereby grants authority to the Fire Chief and City
Controller to use and distribute current and future funds held in the Donation fund
account for the benefit of the Ithaca Fire Service based on the advice and
recommendation from either Neriton Volunteer Company No. 9 or the Career Staff of
the Ithaca Fire Department.
8.8 Ithaca Fire Department (IFD) – Award of Bid for Fire Hose - Resolution
WHEREAS, bids were received and opened on February 13, 2018, and reviewed by
staff for the 2018 Ithaca Fire Department Municipal Fire Hose Acquisition; and
WHEREAS, staff recommends that the low bid from Tyler Fire Service Co., Elmira, New
York be accepted; now, therefore be it
RESOLVED, That Common Council hereby accepts staff’s recommendation and
awards the bid for the 2018 Fire Department Municipal Fire Hose Acquisition to Tyler
Fire Service Co., Elmira, New York for their low bid meeting specifications; and, be it
further
RESOLVED, That Common Council hereby authorizes the Fire Chief to enter into an
agreement for said acquisition.
8. CONSENT ITEMS CONTINUED:
Department of Public Works – Superintendent’s Office:
8.9 Viva Taqueria & Cantina Alcohol Permit Request - Resolution
WHEREAS, since 1998 the City of Ithaca has issued a license to Viva Taqueria &
Cantina Restaurant allowing them to utilize certain areas along North Aurora Street for
outdoor dining; and
WHEREAS, this use of public property has been deemed proper and successful; and
WHEREAS, the City of Ithaca wishes to promote diverse uses of the Primary and
Secondary Commons, including outdoor dining; and
WHEREAS, it is Common Council's responsibility to determine whether or not to allow
the serving and consumption of alcohol on the Primary and Secondary Commons; and
WHEREAS, Common Council has determined that the use of this public property for
outdoor dining at Viva Taqueria & Cantina Restaurant, including the responsible sale
and consumption of alcohol, is desirable; and
WHEREAS, Common Council has determined that any use of this or similar public
property involving the same and consumption of alcohol should be covered by a
minimum of $1,000,000 insurance under the Dram Shop Act; now, therefore be it
RESOLVED, For the year 2018, Common Council hereby approves a revocable
Alcoholic Beverage Permit for the outdoor sale and consumption of alcohol for Viva
Taqueria & Cantina Restaurant that includes the sale of alcohol in accord with the terms
and conditions set forth in application therefore, including minimum Dram Shop
coverage in the amount of $1,000,000 and the approval of an outdoor dining permit.
9. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE:
9.1 Approval of Downtown Design Guidelines:
A. Declaration of Lead Agency for Environmental Review - Resolution
WHEREAS, State Law and Section 176-6 of the City Code require that a lead agency
be established for conducting environmental review of projects in accordance with local
and state environmental law; and
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 adoption of the Downtown Design Guidelines is an “Unlisted”
Action under the City of Ithaca Environmental Quality Review Ordinance, and the State
Environmental Quality Review Act and is subject to environmental review; now,
therefore, be it
RESOLVED, That the Common Council of the City of Ithaca does hereby declare itself
lead agency for the environmental review of the approval of the Downtown Design
Guidelines.
B. Determination of Environmental Significance – Resolution
WHEREAS, the City of Ithaca is considering the approval of the Downtown Design
Guidelines; and
WHEREAS, appropriate environmental review has been conducted including the
preparation of a Short Environmental Assessment Form (SEAF), dated October 24,
2017; and
WHEREAS, the City of Ithaca Conservation Advisory Council and Tompkins County
Department of Planning and Sustainability have been given the opportunity to comment
on the proposed design guidelines, and no comments have been submitted to date; and
WHEREAS, the proposed action is an “Unlisted” Action under the City Environmental
Quality Review Ordinance and the State Environmental Quality Review Act; and
WHEREAS, the Common Council of the City of Ithaca, acting as lead agency, has
reviewed the SEAF prepared by planning staff; now, therefore be it
RESOLVED, That this Common Council, as lead agency in this matter, hereby adopts
as its own the findings and conclusions more fully set forth in the Short Environmental
Assessment Form, dated October 24, 2017; 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 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.
C. Approval of the Downtown Design Guidelines - Resolution
WHEREAS, Plan Ithaca, the City’s Comprehensive Plan, calls for the implementation
of design guidelines as a tool to help achieve the plan’s goals of encouraging additional
housing and employment opportunities while preserving the character of established
neighborhoods; and
WHEREAS, Downtown has been and will remain a thriving urban center, and much of
the Downtown area was rezoned in 2013 to further promote a dense, mixed-use urban
core with street-level activity; and
WHEREAS, the new zoning focuses on use and density requirements with very little
regulation of built form, and design guidelines are needed to build upon the zoning to
promote high-quality design and construction as well as sensitivity to the historic context
of Downtown and adjacent residential neighborhoods; and
WHEREAS, the City worked with project consultants Winter & Company to prepare
design guidelines for the Downtown area that:
1. Build upon existing zoning to promote high-quality construction and urban
design;
2. Formally establish design expectations for new construction;
3. Help implement the goals of Plan Ithaca; and
4. Add clarity and predictability to the development approval process for
Property owners and the Planning and Development Board; and
WHEREAS, Winter & Company worked with a client committee of Common Council
members, Planning Board members, and City staff and sought input from property
owners, neighborhood residents, architects, and other members of the public that
informed the design guidelines; and
WHEREAS, the Downtown Design Guidelines outline design objectives and provide
ways that the objectives can be met but, unlike zoning, allow a property owner the
flexibility to suggest alternative ways to achieve the same goal; and
WHEREAS, once approved, the design guidelines will serve as the basis for design
review in the Downtown area and will be implemented through the City’s existing design
review process, as outlined in Chapter 160, Design Review, of the City Municipal Code;
and
WHEREAS, the Planning and Development Board reviewed the Downtown Design
Guidelines, dated August 2017, at its meeting on October 24, 2017 and recommended
approval of the document with several modifications; and
WHEREAS, the Downtown Design Guidelines have been reviewed by the Tompkins
County Department of Planning and Sustainability, pursuant to §239-l-m of New York
State General Municipal Law, and have also been distributed for review by the City of
Ithaca Conservation Advisory Council; and
WHEREAS, the Common Council has reviewed the Downtown Design Guidelines,
dated August 2017, and has considered the modifications recommended by the
Planning and Development Board; now, therefore be it
RESOLVED, That the Common Council hereby approves the Downtown Design
Guidelines [with modifications recommended by the Planning and Development Board];
and, be it further
RESOLVED, That the Downtown Design Guidelines shall serve as a guide for the
mandatory design review of any projects within the Downtown area, as required by
Chapter 160, Design Review, of the City Municipal Code.
9.2. Approval of Collegetown Design Guidelines:
A. Declaration of Lead Agency - Resolution
WHEREAS, State Law and Section 176-6 of the City Code require that a lead agency
be established for conducting environmental review of projects in accordance with local
and state environmental law; and
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 adoption of the Collegetown Design Guidelines is an
“Unlisted” Action under the City of Ithaca Environmental Quality Review Ordinance, and
the State Environmental Quality Review Act and is subject to environmental review;
now, therefore be it
RESOLVED, That the Common Council of the City of Ithaca does hereby declare itself
lead agency for the environmental review of the approval of the Collegetown Design
Guidelines.
B. Determination of Environmental Significance - Resolution
WHEREAS, the City of Ithaca is considering the approval of the Collegetown Design
Guidelines; and
WHEREAS, appropriate environmental review has been conducted including the
preparation of a Short Environmental Assessment Form (SEAF), dated October 24,
2017; and
WHEREAS, the City of Ithaca Conservation Advisory Council and Tompkins County
Department of Planning and Sustainability have been given the opportunity to comment
on the proposed design guidelines, and no comments have been submitted to date; and
WHEREAS, the proposed action is an “Unlisted” Action under the City Environmental
Quality Review Ordinance and the State Environmental Quality Review Act; and
WHEREAS, the Common Council of the City of Ithaca, acting as lead agency, has
reviewed the SEAF prepared by planning staff; now, therefore be it
RESOLVED, That this Common Council, as lead agency in this matter, hereby adopts
as its own the findings and conclusions more fully set forth in the Short Environmental
Assessment Form, dated October 24, 2017; 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 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.
C. Approval of Collegetown Design Guidelines - Resolution
WHEREAS, Plan Ithaca, the City’s Comprehensive Plan, calls for the implementation
of design guidelines as a tool to help achieve the plan’s goals of encouraging additional
housing and employment opportunities while preserving the character of established
neighborhoods; and
WHEREAS, the 2009 Collegetown Urban Plan & Conceptual Design Guidelines,
endorsed by the Common Council in 2009, recommended the adoption of a form-based
code and design guidelines for Collegetown, and the Collegetown Area Form Districts,
adopted in 2014, stipulate zoning requirements that promote high quality architecture
and urban form; and
WHEREAS, the new zoning does not address more detailed design issues, such as
building materials, massing variation, and site design; the design guidelines will build
upon the existing zoning to address these issues; and
WHEREAS, the City worked with project consultants Winter & Company to prepare
design guidelines for the Collegetown area that:
1. Build upon existing zoning to promote high-quality construction and urban
design;
2. Formally establish design expectations for new construction;
3. Help implement the goals of Plan Ithaca and the 2009 Collegetown Urban Plan &
Conceptual Design Guidelines; and
4. Add clarity and predictability to the development approval process for property
owners and the Planning and Development Board
; and
WHEREAS, Winter & Company worked with a client committee of Common Council
members, Planning Board members, City staff, and sought input from property owners,
neighborhood residents, architects, and other members of the public that informed the
design guidelines; and
WHEREAS, the Collegetown Design Guidelines outline design objectives and provide
ways that the objectives can be met but, unlike zoning, allow a property owner the
flexibility to suggest alternative ways to achieve the same goal; and
WHEREAS, once approved, the design guidelines will serve as the basis for design
review in the Collegetown area and will be implemented through the City’s existing
design review process, as outlined in Chapter 160, Design Review, of the City Municipal
Code; and
WHEREAS, the Planning and Development Board reviewed the Collegetown Design
Guidelines, dated August 2017, at its meeting on November 28, 2017 and
recommended approval of the document with several modifications; and
WHEREAS, the Collegetown Design Guidelines have been reviewed by the Tompkins
County Department of Planning and Sustainability, pursuant to §239-l-m of New York
State General Municipal Law, and have also been distributed for review by the City of
Ithaca Conservation Advisory Council; and
WHEREAS, the Common Council has reviewed the Collegetown Design Guidelines,
dated August 2017, and has considered the modifications recommended by the
Planning and Development Board; now, therefore be it
RESOLVED, That the Common Council hereby approves the Collegetown Design
Guidelines [with modifications recommended by the Planning and Development Board];
and, be it further
RESOLVED, That the Collegetown Design Guidelines shall serve as a guide for the
mandatory design review of any projects within the Collegetown area, as required by
Chapter 160, Design Review, of the City Municipal Code.
9.3 Approval of the Ithaca Urban Renewal Agency’s (IURA) Recommended
Amendment to the 2017 Housing and Urban Development (HUD) Action Plan for the
Harriet Giannelis Child Care Center - Resolution
WHEREAS, the Ithaca Urban Renewal Agency (IURA) recommends approval of an amendment
to the 2017 HUD Action Plan to provide $90,960 in supplemental loan assistance to Tompkins
Community Action, Inc. (TCAction) for relocation assistance associated with the new Harriet
Giannelis Child Care Center under construction at 661-701 Spencer Road; and
WHEREAS, the City of Ithaca (City) receives funds annually to address community
development needs through the U.S. Department of Housing & Urban Development (HUD)
Entitlement program; and
WHERAS, the City has contracted with the IURA to administer, implement and monitor the
City’s HUD Entitlement program in compliance with all applicable regulations; and
WHEREAS, the City adopts an Action Plan annually that identifies a specific list of budgeted
community development activities funded from the HUD Entitlement program; and
WHEREAS, a change in activity funding of more than $25,000 requires Common Council
approval; and
WHEREAS, the need to relocate TCAction offices during construction of the Child Care Center
was unforeseen in the original project budgeting; and
WHEREAS, TCAction requested IURA loan assistance to fund unforeseen relocation expenses;
and
WHEREAS, the IURA approved a $90,960 loan at 2.5% interest for 10 years to TCAction; and
WHEREAS, relocation assistance of administrative offices is a Type II action under the City
Environmental Quality Review Ordinance, so no further environmental review of this action is
required; now, therefore be it
RESOLVED, That the Common Council for the City of Ithaca hereby approves the following
IURA-recommended amendment to the 2017 HUD Action Plan:
Project: Harriet Giannelis Child Care Center, 661-701 Spencer Road, Ithaca, NY
Sponsor: Tompkins Community Action, Inc.
Amount: $90,960
Description: Supplemental loan assistance for relocation assistance of administrative offices,
;and, be it further
RESOLVED, That funding shall be derived by transferring $90,960 from the IURA Community
Development Revolving Loan Fund to the 2017 HUD Action Plan.
9.4 Historic Resources Survey Grant Application – Authorization to Apply -
Resolution
WHEREAS, as a participating municipality in the Certified Local Government (CLG)
program, the City of Ithaca is required to regularly update its inventory of historic
resources, an activity typically conducted through historic resource surveys; and
WHEREAS, in a recent review of the City’s CLG activities from 2013- 2016, the State
Historic Preservation Office (SHPO) noted that the City had not applied for CLG funding
to conduct a historic resource survey during the evaluation period and “strongly
encourage[d] the City to seek a CLG grant this coming grant cycle for a historic
resource survey”; and
WHEREAS, the City’s comprehensive plan, “Plan Ithaca”, also recommends seeking
grant funding to conduct intensive-level surveys of historic resources; and
WHEREAS, the Department of Planning, Building, Zoning & Economic Development
proposes to apply to the New York State Office of Parks, Recreation and Historic
Preservation Certified Local Government Sub-grant program for funds to engage a
consultant to survey and document nineteen (19) selected historic resources adjacent to
the western boundary of the East Hill Historic District; and
WHEREAS, such sub-grants are available exclusively to New York State government
entities that have received certification from the New York State Office of Parks,
Recreation, and Historic Preservation, such as the City of Ithaca; and
WHEREAS, the estimated project budget is between $8,000 and $10,000 for which the
CLG Sub-grant program guidelines recommend a local match of 40%, which can be a
combination of in-kind, services and/or cash contributions; and
WHEREAS, the Department plans to satisfy the 40% local match through in-kind
contributions of City personnel professional services, and donated volunteer research
work; now, therefore be it
RESOLVED, That Common Council authorizes the application for a Certified Local
Government Sub-grant to survey and document nineteen (19) selected historic
resources adjacent to the western boundary of the East Hill Historic District along N.
Aurora, E. Court, and Linn Streets.
10. CITY ADMINISTRATION COMMITTEE:
10.1 An Ordinance to Amend Chapter 120 of the City of Ithaca Municipal Code
Entitled “Youth Council”
ORDINANCE 2018-
BE IT ENACTED by the Common Council of the City of Ithaca as follows:
Section 1.
Chapter 120 of the City of Ithaca Municipal Code entitled “Youth Council” is hereby
amended to read as follows:
§ 120-1 Creation.
In recognition of the history of youth councils in the Ithaca community, the Common
Council of the City of Ithaca hereby creates an entity that shall be known as the "City of
Ithaca Youth Council," hereinafter also referred to as the "Youth Council," in accordance
with the following conditions.
§ 120-2 Purposes and duties.
The purposes and duties of the Youth Council shall be as follows:
A. To develop future leaders by providing the teenage members opportunities to
participate in city governance and have an active role in addressing community issues.
B. To give a formal voice to the youth of the community. The Youth Council will provide
ongoing, two-way communication with policymakers, especially the Common Council,
so as to better address youth and community issues. The Youth Council will develop
mechanisms to receive input regularly from other youth about their ideas and concerns.
C. To help provide a hands-on civic education to participating members through direct
experience with democratic processes and practical skill development.
D. To contribute to the community in a concrete way. The Youth Council will plan and
execute projects to improve conditions for teenagers.
E. To submit a written annual report on the membership and activities of the Youth
Council, to the Mayor and Common Council (and the City Clerk), and to report on a
regular basis to the Mayor. To help youth build their social networks, engage with
the opportunities available within their local community, and help their peers
make positive connections to the local community.
F. To submit a written annual report on the membership and activities of the
Youth Council, to the Mayor and Common Council (and the City Clerk), and to
report on a regular basis to the Mayor.
§ 120-3 Membership.
A. The Youth Council shall consist of 7 10 members., all of whom shall be voting
members, appointed by the Youth Council Advisory Board subject to the approval of the
Common Council. The appointing entitiesstaff shall commit to assembling a diverse,
multicultural and inclusive membership of the Youth Council, with regard to the
protected classes and other unique characteristics that represent the needs of the entire
community.
B. Notwithstanding the provisions of Chapter 103 of this Code, at least five½ of the
Youth Council members shall be residents from the City of Ithaca. The remaining
members shall be selected from within the municipalities comprising the Ithaca City
School District. The members of the Youth Council must be at least 16 years old and
not past the 12th grade (or the age of 19, if not enrolled in high school).
C. The members of Ithaca Youth Council shall hereinafter be referred to as Youth
Council Ambassadors or Ithaca Ambassadors
§ 120-4 Associates.
The Youth Council Advisory Board may designate up to four associates who are 14 or
15 years of age. Such associates shall be invited to attend and participate in Youth
Council meetings and events but shall have no voting authority and may not hold office
in the Youth Council.
§ 120-45 Terms; vacancies.
A. Except as provided for in Subsection B below, the The members of the Youth
Council shall be appointed for a terms of two years one year or until the time of their
high school graduation, if that occurs first. A member who has reached the end of a two-
year appointment while still in high school may elect to extend his or her term by one
additional year. Terms shall begin in September (or, in the initial year of the Youth
Council's operation, as soon as is practical after its establishment), except in the case of
members appointed to fill vacancies. Vacancies shall be filled in the same manner as
the original appointment, except that a vacancy occurring other than by the expiration of
a term of office shall be filled only for the remainder of the unexpired term.
B. Notwithstanding the above, the initial terms for members of the Youth Council shall
be set at one or two years, such that staggered terms are established for subsequent
appointments. The appointing entities may make an appointment for a one-year term,
as needed, in order to maintain a balance of staggered terms.
§ 120-6 Officers.
A. At the start of each year, the Youth Council shall select its officers, for the purpose of
providing general leadership, recordkeeping and fiduciary oversight. The manner of
such selection and the titles and specific responsibilities of the officers shall be set forth
in operational rules adopted by the initial Youth Council and as amended from time to
time as needed by the Youth Council.
B. The lead officer of the Youth Council shall serve as liaison to the Common Council
and shall have an opportunity to report at Common Council meetings.
C. The leadership of the Youth Council shall meet regularly with the Mayor at a time
convenient to all, with the goal of meeting not less than bimonthly.
§ 120-7 Youth Council Advisory Board.
A. A Youth Council Advisory Board is hereby established, to oversee the activities of the
Youth Council.
B. The Youth Council Advisory Board shall consist of up to 10 members, each of whom
shall be appointed for a term of three years (or for the remainder of the term in question
when a vacancy is being filled). Membership of the Advisory Board shall be composed
of one staff member appointed respectively by the directors of the Greater Ithaca
Activities Center, the Ithaca Youth Bureau, and the Southside Community Center and
up to seven members appointed by the Mayor and approved by the Common Council,
including at least one member of the standing committee of Common Council
responsible for working with the City's youth services departments, members selected
from the local education and youth advocacy communities and representatives of major
funders of the Youth Council.
C. In addition to providing oversight, the Youth Council Advisory Board shall interview
all applicants for membership on the Youth Council and shall make recommendations
as to their appointment, on the basis of the candidates' leadership potential and
commitment to effective service on the Council.
§120-58 Staff support.
A staff person(s) from a City Youth Services Department shall act in consultation with
the YouthCommon Council Advisory BoardLiaisons and under the direction and
supervision of the City department head so designated by the Mayor. The duties of this
staff person with regard to the Youth Council shall be set forth in writing and kept up-to-
date by the department head and provided to the Mayor, and a current version of such
description shall be appended to the annual report required by §120-2 herein.
§120-69 Meetings; records; annual report.
The Youth Council shall meet publicly at least monthly regularly to complete projects
and adopt rules tasks towards their annual goals.
The Youth Council shall report twice a year to Common Council regarding youth
and procedures for its meetings. community issues.
The Youth Council shall keep accurate records of its meetings and activities and shall
prepare and submit an annual report as provided for in § 120-2 of this chapter.
Section 2. Severability. 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 3. Effective date. This ordinance shall take effect immediately and in
accordance with law upon publication of notices as provided in the Ithaca City Charter.
10.2 A Local Law to Improve and Strengthen the Sustainable Energy Loan
Program
LOCAL LAW 2018-
BE IT ENACTED by the Common Council of the City of Ithaca, as follows:
Section 1. Legislative Intent.
Common Council hereby finds and determines that the City of Ithaca enacted Local Law
No. 1-2015 pursuant to provisions of New York General Municipal Law, to establish a
Sustainable Energy Loan Program. This program authorized the Energy Improvement
Corporation (“EIC”), a local development corporation acting on behalf of the City of
Ithaca, to make funds available to qualified property owners for the installation of
renewable energy systems and energy-efficiency measures.
Common Council further finds that the New York State Legislature recently amended
certain provisions of the municipal sustainable energy loan program to “eliminate
barriers that have been identified that have prevented the program from reaching its full
potential.”
Common Council finds that the amendments to the program, enacted as Chapter 320 of
the 2017 Laws of the State of New York, seek to encourage net metered and
community solar projects, will allow the City of Ithaca’s program to use monies available
from the State or any State authority, and will permit a more flexible loan standard for
commercial properties.
Therefore, the purpose of this law is to amend the City of Ithaca’s Sustainable Energy
Loan Program in conformity with changes recently enacted to the New York State
enabling legislation.
Section 2. Amendments.
Chapter 4 of the City of Ithaca Municipal Code entitled “Administration of Government”,
Article VII entitled “Energize NY Benefit Financing Program” is hereby amended as
follows:
ARTICLE VII Energize NY Benefit Financing Program
§4-33. Legislative findings, intent and purpose, authority.
A. It is the policy of both the City of Ithaca (hereinafter, “City”) and the State of New
York to achieve energy efficiency and renewable energy goals, reduce greenhouse gas
emissions, mitigate the effect of global climate change, and advance a clean energy
economy. The City finds that it can fulfill this policy by providing property assessed
clean energy financing to property owners for the installation of renewable energy
systems and energy efficiency measures. This [article] law establishes a program that
will allow the Energy Improvement Corporation (“EIC”), a local development corporation,
acting on behalf of the City, pursuant to the municipal agreement to be entered into
between the City and EIC pursuant to Article 5-G of the New York General
Municipal Law (the “Municipal Agreement”), to make funds available to qualified
property owners that will be repaid by such property owners through charges on the real
properties benefited by such funds, thereby fulfilling the purposes of this [article] law
and fulfilling an important public purpose.
B. The City is authorized to implement this Energize NY Benefit Financing Program
pursuant to the Municipal Home Rule Law and Article 5-L of the New York General
Municipal Law.
C. This [article] law shall be known and may be cited as the “Energize NY Benefit
Financing Program Law of the City of Ithaca”.
§4-34. Definitions
For purposes of this [Article] law, and unless otherwise expressly stated or unless the
context requires, the following terms shall have the meanings indicated:
Authority – The New York State Energy Research and Development Authority, as
defined by subdivision two of section eighteen hundred fifty-one of the Public Authorities
Law, or its successor.
EIC – the Energy Improvement Corporation, a local development corporation, duly
organized under section fourteen hundred eleven of the Not-For-Profit Corporation Law,
authorized hereby on behalf of the City to implement the Energize NY Benefit Financing
Program by providing funds to qualified property owners (as defined in this [article] law)
and providing for repayment of such funds from monies collected by the City tax
[collector] collecting officer as a charge to be levied on the real property and collected
in the same manner and same form as the City taxes.
Energy Audit – A formal evaluation or “assessment” of the energy consumption of a
permanent building or structural improvement to real property, conducted by a
contractor certified by the Authority, or certified by a certifying entity approved by the
Authority, for the purpose of identifying appropriate energy efficiency improvements that
could be made to the property.
Energy Efficiency Improvement – Any renovation or retrofitting of a building to reduce
energy consumption, such as window and door replacement, lighting, caulking, weather
stripping, air sealing, insulation, and heating and cooling system upgrades, and similar
improvements, determined to be cost-effective pursuant to criteria established by the
Authority, not including lighting measures or household appliances that are not
permanently fixed to real property.
Qualified Property Owner – An owner of residential or commercial real property
located within the boundaries of the City that is determined to be eligible to participate in
the Energize NY Benefit Financing Program under the procedures for eligibility set forth
under this [article] law.
Renewable Energy System – An energy generating system for the generation of
electric or thermal energy, to be used primarily at such property, except when the
Qualified Property Owner is a commercial entity in which case the system may be
used for other properties in addition to the subject property, by means of solar
thermal, solar photovoltaic, wind, geothermal, anaerobic digester gas-to-electricity
systems, fuel cell technologies, or other renewable energy technology approved by the
Authority not including the combustion or pyrolysis of solid waste.
Renewable Energy System Feasibility Study – A written study, conducted by a
contractor certified by the Authority, or certified by a certifying entity approved by the
Authority, for the purpose of determining the feasibility of installing a renewable energy
system.
§4-35. Establishment of an Energize NY Benefit Financing Program
A. An Energize NY Benefit Financing Program is hereby established by the City,
whereby EIC acting on its behalf pursuant to the Municipal Agreement, may provide
funds to Qualified Property Owners in accordance with the procedures set forth under
this [article] law, to finance the acquisition, construction and installation of Renewable
Energy Systems and Energy Efficiency Improvements and the verification of the
installation of such systems and improvements.
B. For funds provided to a Qualified Property Owner which is a commercial entity,
not-for-profit organization, or entity other than an individual, EIC shall have the
authority to impose requirements on the maximum amount of funds to be
provided, which may consider factors including but not limited to the property
value, projected savings, project cost, and existing indebtedness secured by
such property.
C. For financings made to a Qualified Property Owner who is an individual, the
The funds provided shall not exceed the lesser of: (i) ten percent of the appraised
value of the real property where the Renewable Energy Systems and/or Energy
Efficiency Improvements will be located, or (ii) the actual cost of installing the
Renewable Energy Systems and/or Energy Efficiency Improvements, including the
costs of necessary equipment, materials, and labor and the cost of verification of such
systems and improvements.
§4-36. Procedures for eligibility
A. Any property owner in the City may submit an application to EIC on such forms as
have been prepared by EIC and made available to property owners on the website of
EIC and at the City offices.
B. Every application submitted by a property owner shall be reviewed by EIC acting on
behalf of the City, which shall make a positive or negative determination on such
application based upon the criteria for making a financing enumerated in [subsection A
of] section 4-37 of this [article] law. EIC may also request further information from the
property owner where necessary to aid in its determination.
C. If a positive determination on an application is made by EIC acting on behalf of the
City, the property owner shall be deemed a Qualified Property Owner and shall be
eligible to participate in the Energize NY Benefit Financing Program in accordance with
the procedure set forth under section 4-38 of this [article] law; provided that in no case
shall a property owner that has received funds from another municipal corporation for
the acquisition, construction and installation of Energy Efficiency Improvements and/or
Renewable Energy Systems be deemed a Qualified Property Owner.
§4-37. Application criteria
Upon the submission of an application, EIC acting on behalf of the City, shall make a
positive or negative determination on such application based upon the following criteria
for the making of a financing:
A. The proposed Energy Efficiency Improvements and/or Renewable Energy Systems
are determined to be cost effective based on guidelines issued by the Authority;
B. The [proposed] property owner may not be in bankruptcy and the property may
not constitute property subject to any pending bankruptcy proceeding;
C. The amount financed under the Energize NY Benefit Financing Program shall
be repaid over a term not to exceed the weighted average of the useful life of
Renewable Energy Systems and Energy Efficiency Improvements [and/or Renewable
Energy Systems will generate an estimated annual cost savings greater than the annual
charge payments] to be installed on the property as determined by EIC;
D. Sufficient funds are available from EIC to provide financing to the property owner;
E. The property owner is current in payments on any existing mortgage;
F. The property owner is current in payments on any existing real property taxes and
has been current on real property taxes for the previous three years; and
G. Such additional criteria, not inconsistent with the criteria set forth above, as the City,
or EIC acting on its behalf, may set from time to time.
§4-38. Opt-in, Energize NY Finance Agreement
A. A Qualified Property Owner may participate in the Energize NY Benefit Financing
Program through the execution of an [Energize Finance Agreement] energize NY
finance agreement made by and between the Qualified Property Owner and EIC,
acting on the behalf of the City (the “Energize NY Finance Agreement”).
B. Upon execution of the Energize NY Finance Agreement, the Qualified Property
Owner shall be eligible to receive funds from EIC acting on behalf of the City, for the
acquisition, construction, and installation of qualifying Renewable Energy Systems and
Energy Efficiency Improvements; provided the requirements of section 4-39 of this
[article] law have been met.
C. The Energize NY Finance Agreement shall include the terms and conditions of
repayment set forth under section 4-40 of this [article] law.
§4-39. Energy audit, renewable energy system feasibility study
A. No funds shall be made available for Energy Efficiency Improvements unless
determined to be appropriate through an Energy Audit as defined in Section 4-34.
B. No funds shall be made available for a Renewable Energy System unless
determined to be feasible through a Renewable Energy System Feasibility Study as
defined in 4-34.
C. The cost of such Energy Audit and/or Renewable Energy System Feasibility Study
shall be borne solely by the property owner but may be included in the financed amount
if the work is approved.
§4-40. Terms and conditions of repayment
The Energize NY Finance Agreement between the Qualified Property Owner and EIC
acting on behalf of the City, shall set forth the terms and conditions of repayment in
accordance with the following:
A. The principal amount of the funds paid to the Qualified Property Owner hereunder,
together with the interest thereon, shall be paid by the property owner as a charge on its
City tax bill and shall be levied and collected at the same time and in the same manner
as City property taxes, provided that such charge shall be separately listed on the tax
bill. The City shall make payment to EIC or its designee in the amount of all such
separately listed charges within 30 days of the [City tax] date the payment is due [date]
to be made to the City.
B. The term of such repayment shall be determined at the time the Energize NY
Finance Agreement is executed by the property owner and EIC, provided that in no
case shall the term exceed the weighted average of the useful life of the systems and
improvements as determined by EIC acting on behalf of the City.
C. The rate of interest for the charge shall be fixed by EIC acting on behalf of the City at
the time the Energize NY Finance Agreement is executed by the property owner and
EIC.
D. The charge shall constitute a lien upon the real property benefited by the Energize
NY Benefit Financing Program as set forth in Article 5-L of the General Municipal
Law and shall run with the land. A transferee of title to the benefited real property shall
be required to pay any future installments, including interest thereon.
§4-41. Verification and report
A. EIC shall be responsible for verifying and reporting to the City on the installation and
performance of Renewable Energy Systems and Energy Efficiency Improvements
financed by such [program] Program.
B. The City shall verify and report on the installation and performance of Renewable
Energy Systems and Energy Efficiency Improvements financed by the Energize NY
Benefit Financing Program in such form and manner as the Authority may establish.
Section 3. Severability Clause
Severability is intended throughout and within the provisions of this Local Law. If any
section, subsection, sentence, clause, phrase, or portion of this Local Law 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 Local Law.
Section 4. Effective and Operative Date.
This Local Law shall be effective immediately after filing in the office of the Secretary of
State.
10.3 Authorization to Amend Municipal Agreement Between the City of Ithaca
and the Energy Improvement Corporation to Implement and Administer a
Sustainable Energy Loan Program in the City of Ithaca
WHEREAS, by Local Law No. 2015-2, the City of Ithaca created the Energize NY
Benefit Financing Program (also known as the Sustainable Energy Loan Program)
utilizing the Energy Investment Corporation (EIC), a local development corporation
acting on behalf of the City, to provide Property Assessed Clean Energy PACE
financing to assist qualified property owners who undertake energy efficiency measures
and install renewable energy systems; and
WHEREAS, in 2015 the City entered into a Municipal Agreement with EIC to administer
the Energize NY Benefit Financing Program; and
WHEREAS, New York State recently amended its PACE Law to make PACE financing
more accessible to clean energy projects; and
WHEREAS, by local law No. 2018-__, the City of Ithaca amended the Energize NY
Benefit Financing Program to enable the changes made by New York State at the local
level; and
WHEREAS, an amended Municipal Agreement is required to establish the roles,
responsibilities, and obligations of the EIC and the City in the administration of the
amended Energize NY Benefit Financing Program; and
WHEREAS, Federal practice currently does not enable participation in PACE programs
by individual residential property owners; and if participation is enabled in the future at
the Federal and State level, then written authorization from the City would be required to
enable individual residential property owners to participate in the City program; now,
therefore be it
RESOLVED, That the Mayor, upon review of the City Attorney, is hereby authorized to
enter into an amended Municipal Agreement with the Energy Improvement Corporation
that shall set forth the duties and obligations of each party in connection with the City’s
participation in the Energize NY Benefit Financing Program.
10.4 Addition to Common Council Rules of Procedure - Resolution
WHEREAS, Common Council believes that interaction with constituents is a high
priority for elected officials; and
WHEREAS, some constituents do not have access to long distance phone service
without paying a fee per call; now, therefore be it
RESOLVED, That Section XI of the Common Council Rules of Procedure be amended
as follows:
XI. Communication and correspondence with Council Members and the Public
XI. A Communications between Council Members and Staff
XIA - 1. Council members who need information from City staff to assist them in
developing policy or in responding to a request from a constituent, shall transmit
information requests to the department head or directly to the department staff.
XIA - 2. Whenever Council members seek information directly from departmental staff,
the following procedures should be pursued since individual Council members do not
supervise staff nor do they establish or change programs.
1) If the information request is more than minimal in terms of staff
time required, the Council member should direct the inquiries to
the Mayor or the chair of the committee to which the department
reports. If the Mayor or the committee chair declines to authorize
the request, an appeal may be made to the appropriate
committee; and if that fails, to the whole Council.
XIA - 3. A Council member should never attempt to influence the conduct of a staff
person on the job. Any concerns that a Council member has about a staff person’s
conduct on the job or job performance should be directed to the Department Head, the
Mayor, the Human Resources Director or the appropriate committee.
1) In the event that any Council member does so attempt to influence the conduct of
a City staff member on the job, the staff person should bring this to the attention of the
department head who will in turn notify the Human Resources Director, the Mayor and
the Chair of the committee to which the department reports.
B Use of Council letterhead
XIB – 1 The primary use of Common Council letterhead stationery is to communicate
official Council positions on matter of public concern. These positions may be
communicated by members of Council designated to speak for the whole when a
majority of Council members have consented.
XIB – 2- A secondary use of Common Council letterhead stationery is to allow individual
Council members to express views regarding matters of official City business. In these
instances it shall be clear that that the opinion expressed by the Council member is that
member’s opinion only and may not be the official opinion of the City or Council as a
body.
XIB - 2 – a – When expressing her/his own position on City letterhead, a Council
member shall use letterhead designating her/his office, e.g. “Ezra Ithacan, Sixth Ward
Alderperson, Common Council, City of Ithaca.” This personal letterhead may also be
used, for example, for letters of reference or recommendation if the Alderperson, in
her/his capacity as a City official, has known the subject.
XIB – 2 – b – When two or more Council members collaborate to express a view not
officially advocated by the majority of Council, those Alderpersons may electronically
design their own joint letterhead indicating their names and offices, or use Council
letterhead, but in either case shall explicitly state in the letter that their view is not that of
the majority or the official view.
XIB – 3 – Council members shall not use City letterhead stationery or the City logo for
their private correspondence or on behalf of private individuals or organizations.
Correspondence on letterhead should never give the appearance of using the office of
Alderperson for personal gain or influence.
C. Access by telephone.
XIC -1. Council members shall maintain and publicize a local telephone number
such that members of the public can reach him/her by telephone without
incurring long-distance fees.
10.5 Declaration of Support for the Ithaca Children’s Garden’s Intention to
Construct an “Urban Environmental Education Center” - Resolution
WHEREAS, the Ithaca Children’s Garden is a three-acre public garden, leased within
the City of Ithaca’s Cass Park, that inspires, promotes, and sustains youth and
community stewardship of the natural environment through garden-based learning and
discovery; and
WHEREAS, the New York State Department Regional Economic Development Council
provides funds for various forms of community development throughout New York
State; and
WHEREAS, the Ithaca Children’s Garden intends to apply for such funding so that it
may construct an “Urban Environmental Education Center” at the garden as part of an
expansion of the garden into additional acreage in Cass Park that is in close proximity
to the garden’s already-leased space; and
WHEREAS, an “Urban Environmental Education Center” at the Ithaca Children’s
Garden would advance the mission of the garden, provide additional community space
and educational opportunities, and otherwise benefit members of the public visiting
Cass Park and the Ithaca Children’s Garden; now, therefore be it
RESOLVED, That the City of Ithaca Common Council hereby declares its support for
the Ithaca Children’s Garden’s intention to construct an “Urban Environmental
Education Center” and an application by the Ithaca Children’s Garden for funding
therefor.
APPROVED AT FEBRUARY 21, 2018 CITY ADMINISTRATION MEETING AS LONG
AS PROPOSED CHANGES WERE INCLUDED IN RESOLUTION FOR THE MARCH 7,
2018 COMMON COUNCIL AGENDA – THIS IS THE ORIGINAL VERSION
10.6 Alderperson McGonigal – Request to Charter Communications to Reinstate
Channel WENY in Ithaca - Resolution
WHEREAS, soon after Charter Communication/Spectrum purchased the local television
cable franchise from Time Warner, the Elmira/Corning/Ithaca TV station, WENY, was
dropped from the basic cable offering in Ithaca; and
WHEREAS, for many years, WENY has been the leading TV source for local news and
events in the Ithaca area; and
WHEREAS, local school districts belong to sports leagues that are located primarily in
the Southern Tier, which is the viewing area of WENY; and
WHEREAS, WENY sends reporters to cover City of Ithaca and Tompkins County
government meetings, as well as sporting events in Ithaca and the surrounding school
districts, and at Cornell University and Ithaca College, while Syracuse TV stations cover
local governments and schools that are closer to home; and
WHEREAS, Ithaca is part of the 23rd U.S. Congressional District, the 58th N.Y.S.
Senatorial District, and the 125th N.Y.S. Assembly District, all of which are located in the
Southern Tier/Finger Lakes region that coincides with the WENY viewing area, and
which are reported on extensively by WENY; and
WHEREAS, acknowledging the fact that Federal Communications Commission (FCC)
regulations dictate that major network affiliates from a community's home region, in
Ithaca's case Syracuse, must be carried, Charter Communication's predecessor, Time
Warner, OPTED to offer WENY as well; and
WHEREAS, television cable subscribers in the Ithaca area have come to rely on WENY
to bring them important local news, sports and weather reports, as well as
announcements of upcoming events; now, therefore be it
RESOLVED, That the City of Ithaca's Common Council formally requests that Charter
Communications reinstate WENY into the Ithaca area's basic, least expensive cable
offering, and that Charter Communications commit to keeping WENY as part of their
basic cable offering into the foreseeable future.
REVISED PER DISCUSSION AT 02-21-18 CA MEETING
THIS IS THE RESOLUTION THAT REQUIRES APPROVAL AT 03-07-18 CC
MEETING
10.6 Request to Charter Communications to Reinstate Channel WENY in Ithaca -
Resolution
WHEREAS, soon after Charter Communications/Spectrum purchased the local
television cable franchise from Time Warner, the Elmira/Corning/Ithaca TV station,
WENY, an ABC affiliate, was dropped from the basic cable offering in Ithaca; and
WHEREAS, this change seems to have been instigated by Nextar, the company that
owns the Syracuse ABC affiliate in Ithaca's designated market area, WSYR; and
WHEREAS, for many years, WENY has been the leading TV source for local news and
events in the Ithaca area; and
WHEREAS, local school districts belong to sports leagues that are located primarily in
the Southern Tier, which is the viewing area of WENY; and
WHEREAS, WENY sends reporters to cover City of Ithaca and Tompkins County
government meetings, as well as sporting events in Ithaca and the surrounding school
districts, and at Cornell University and Ithaca College, while Syracuse TV stations,
including WSYR, focus their reporting on local governments, schools, and state and
federal election districts that are closer to home; and
WHEREAS, Ithaca is part of the 23rd U.S. Congressional District, the 58th N.Y.S.
Senatorial District, and the 125th N.Y.S. Assembly District, all of which are located in
the Southern Tier/Finger Lakes region that coincides with the WENY viewing area, and
which are reported on extensively by WENY; and
WHEREAS, acknowledging the fact that Federal Communication Commission
regulations dictate that major network affiliates from a community's designated market
area, in Ithaca's case Syracuse, must be carried, Charter Communication's
predecessor, Time Warner, opted to offer WENY as well; and
WHEREAS, WETM in Elmira does not cover Ithaca and Tompkins County in its local
newscasts, nor compete with WENY for advertisers in the Ithaca area; and
WHEREAS, television cable subscribers in the Ithaca area have come to rely on WENY
to bring them important local news, sports and weather reports, as well as
announcements of upcoming events; and
WHEREAS, Spectrum/Charter Communications has continued to offer WENY to a
portion of its Ithaca and Tompkins County customers on Channel 1210, as a CBS-
affiliated station; now, therefore be it
RESOLVED, That the City of Ithaca's Common Council formally requests that Charter
Communications reinstate WENY into the Ithaca area's basic, least expensive cable
offering for all its customers, and that Charter Communications commit to keeping
WENY as part of their basic cable offering into the foreseeable future; and, be it further
RESOLVED, That the City of Ithaca's Common Council formally requests that Charter
Communications not drop WSKG, our public TV station out of Binghamton, from our
local basic cable; and, be it further
RESOLVED, That this resolution be forwarded to the New York State Public Service
Commission, WSYR in Syracuse, WETM in Elmira, Nextar Broadcasting, Lilly
Broadcasting, the Tompkins County Legislature, Assemblywoman Barbara Lifton, State
Senator Tom O'Mara, Governor Andrew Cuomo, Congressman Tom Reed, and
Senators Charles Schumer and Kirsten Gillibrand.
13. INDIVIDUAL MEMBER – FILED RESOLUTIONS:
13.1 Alderperson McGonigal – Request that Charter Communications Not discontinue
WSKG TV From Its Basic Cable Service - Resolution
WHEREAS, in February 2018 Charter Communications announced that, beginning in mid-
March 2018, the “duplicate PBS station, WSKG” would no longer be available in the Candor,
Cortland, Hamilton and Ithaca Channel line-ups, while the “In Market Station WCNY” would
remain on basic service; and
WHEREAS, WSKG is, in fact, not a “duplicate” PBS television station, but rather is known for its
singular local productions, offering more local programming than WCNY, and broadcasting
many local award winning documentaries relating specifically to Ithaca and the Southern Tier
and Finger Lakes Region; and
WHEREAS, just a few of these award winning documentaries produced and shown by WSKG
include:
Cornell, Birth of the American University
Class of 1950
Hurricane Agnes, 1972
Racing at Watkins Glen
; and
WHEREAS, WSKG produces several local TV shows that feature Ithaca-area businesses,
musicians and artists, such as “Brew Beats,” “Expressions,” and “Let's Polka!”; and
WHEREAS, WSKG, by law, cannot and does not charge for their programming and receives
zero financial compensation from Charter Communications; and
WHEREAS, WSKG has approximately 2,300 members in Tompkins County who contribute to
the station and should be able to watch it; and
WHEREAS, while Charter Communications has the legal right to limit the Ithaca area to one
PBS TV station from its Designated Market Area, which is Syracuse, it can legally carry more
than one PBS station; now, therefore, be it
RESOLVED, That the Common Council of the City of Ithaca hereby strongly requests that
Charter Communications not discontinue WSKG TV from its basic cable service; and be it
further
RESOLVED, That the Common Council of the City of Ithaca also requests that Charter
Communications upgrade the signal of WSKG from standard definition to high definition; and be
it further
RESOLVED, That a copy of this resolution be forwarded to the offices of Charter
Communications, the New York State Public Service Commission, the offices of WSKG, the
Tompkins County Legislature, Assemblywoman Barbara Lifton, State Senator Tom O'Mara,
Governor Andrew Cuomo, Congressman Tom Reed, and Senators Charles Schumer and
Kirsten Gillibrand.
14. MAYOR’S APPOINTMENTS:
14.1 Appointments to the Local Advisory Board of Assessment Review for the
City of Ithaca – Resolution
RESOLVED, That Jonathan Greene, Robert Sparks, and John Guttridge be appointed
to the Local Advisory Board of Assessment Review for the City of Ithaca for 2018.
14.2 Appointments/Reappointments to Various City Boards and Committees –
Resolution
A. Civil Service Commission:
RESOLVED, That Arlene Richardson be reappointed to the Civil Service Commission
with a term to expire May 31, 2022; and, be it further
RESOLVED, That Cate Thompson be reappointed to the Civil Service Commission with
a term to expire May 31, 2024.
B. Housing Board of Review:
RESOLVED, That Christopher Anagnost be appointed to the Housing Board of Review
to replace Joseph Steuer with a term to expire December 31, 2019.
C. Planning and Development Board – Resolution
RESOLVED, That Robert Lewis be reappointed to the Planning and Development
Board with a term to expire December 31, 2018; and, be it further
RESOLVED, That Emily Petrina be appointed to the Planning and Development Board
to replace Garrick Blalock with a term to expire December 31, 2019; and, be it further
RESOLVED, That Mitch Glass be appointed to the Planning and Development Board to
replace John Schroeder with a term to expire December 31, 2020; and be it further
RESOLVED, That Jack Elliott be reappointed to the Planning and Development Board
with a term to expire December 31, 2019; and be it further
RESOLVED, That McKenzie Jones-Rounds be reappointed to the Planning and
Development Board with a term to expire December 31, 2020.
D. Board of Zoning Appeals:
RESOLVED, That Steven Beer be reappointed to the Board of Zoning Appeals with a
term to expire December 31, 2018; and, be it further
RESOLVED, That Steven A. Wolf be reappointed to the Board of Zoning Appeals with a
term to expire December 31, 2019; and, be it further
RESOLVED, That Teresa Halpert Deschanes be reappointed to the Board of Zoning
Appeals with a term to expire December 31, 2019; and, be it further
RESOLVED, That Lindsay Jones be appointed to replace Marilyn Tebor Shaw with a
term to expire December 31, 2020; and, be it further
RESOLVED, That Marshall McCormick be appointed as an Alternate Board of Zoning
Appeals member to replace Susan Cummings with a term to expire December 31,
2018.
14.3 Appointments to Four New Commissions – Resolution
A. 1. Public Safety and Information Commission Chair - Resolution
RESOLVED, That Davi Mozie be appointed as the chair for the Public Safety and Information
Commission with a term to expire December 31, 2019.
2. Public Safety and Information Commission Members – Resolution
RESOLVED, That the following applicants be appointed to the Public Safety and Information
Commission with terms to expire December 31, 2018:
Mike Comella
Aryeal Jackson
Nicholas Segerson
Kenneth McLaurin
; and, be it further
RESOLVED, That the following applicants be appointed to the Public Safety and Information
Commission with terms to expire December 31, 2019:
Catherine Holmes
Erica Cotraccia
Anthony Hayton
Mark Spadolini
B. 1. Parks, Recreation, and Natural Resources Commission Chair - Resolution
RESOLVED, That Monika Roth be appointed as the chair for the Parks, Recreation, and Natural
Resources commission with a term to expire December, 31, 2019.
2. Parks, Recreation, and Natural Resources Commission Members:
RESOLVED, That the following applicants be appointed to the Parks, Recreation, and Natural
Resources Commission with terms to expire December 31, 2018:
Daniel Hoffman
Tyler Moeller
Claire Concepcion
Thomas Shelley
; and, be it further
RESOLVED, That the following applicants be appointed to the Parks, Recreation, and Natural
Resources Commission with terms to expire December 31, 2019:
Scott Freyburger
Michelle Berry
Ellen Leventry
Beth Myers
C. 1. Community Life Commission Chair – Resolution
RESOLVED, That Tierra Labrada be appointed as the chair for the Community Life Commission
with a term to expire December 31, 2019.
2. Community Life Commission Members – Resolution
RESOLVED, That the following applicants be appointed to the Community Life Commission
with a term to expire December 31, 2018:
Caroline Byrne
Melissa Hall
Rusty Keeler
Lisa Swayze
; and, be it further
RESOLVED, That the following applicants be appointed to the Community Life Commission
with a term to expire December 31, 2019:
Gibrian Hagood
Sean Hillson
Carlie McClinsey
Jocelyn Scriber
D. 1. Appointment of Mobility, Accessibility, and Transportation Commission
Chair – Resolution
RESOLVED, That Eric Lerner be appointed as the chair of the Mobility, Accessibility, and
Transportation Commission with a term to expire December 31, 2019.
2. Appointment of Mobility, Accessibility, and Transportation Commission
Members – Resolution
RESOLVED, That the following applicants be appointed to the Mobility, Accessibility, and
Transportation Commission with terms to expire December 31, 2018:
Sarah Brylinsky
Theresa Lyczko
William Reed
Sarah Barden
; and, be it further
RESOLVED, That the following applicants be appointed to the Mobility, Accessibility, and
Transportation Commission with terms to expire December 31, 2019:
Hector Chang
Megan Powers
Larry Roberts
Peter Parkes