HomeMy WebLinkAboutMN-CC-2018-10-03COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 6:00 p.m. October 3, 2018
PRESENT:
Mayor Myrick
Alderpersons (10) Brock, McGonigal, Murtagh, Nguyen, Gearhart, Fleming,
Smith, Kerslick, Lewis, Mohlenhoff
OTHERS PRESENT:
City Clerk – Conley Holcomb
City Attorney – Lavine
City Controller – Thayer
Building - Planning & Development Director – Cornish
Community Development Director – Bohn
Human Resources Director – Michell-Nunn
Chief of Staff – Cogan
Youth Bureau Director - Vance
PLEDGE OF ALLEGIANCE:
Mayor Myrick led all present in the Pledge of Allegiance to the American Flag.
ADDITIONS TO OR DELETIONS FROM THE AGENDA:
City Administration Committee:
Alderperson Mohlenhoff requested that Item 10.1- A Resolution Calling for the United
States to “Pull Back from the Brink” and Prevent Nuclear War be moved to the top of the
agenda and that Item 10.3 - A Local Law Entitled “Confirmation of the Sidewalk
Improvement District Assessments, Budget, and Schedule of Work for Fiscal Year
2019” be withdrawn from the agenda.
No Council Member objected.
PROCLAMATIONS/AWARDS:
Mayor Myrick proclaimed October 27, 2018 as Into the Streets Day in the City of Ithaca.
Presentation of Quarterly Employee Recognition Award
Mayor Myrick presented the Quarterly Employee Recognition Award to the following
employees from the Water & Sewer Division:
Nick Thomas, Brad Norton, Eric Kelsey, Ryan Ward, Jerome Norman, Letty McFall, and
James (Red) Casselberry.
These employees were nominated for the dedication, responsiveness, and
professionalism they displayed during a water main break over a weekend in February
when the temperatures were frigid.
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
The following people addressed Common Council:
Fay Gougakis, City of Ithaca – addressed the following topics: her request to have a city
employee call the police department on her behalf that was declined; the late night
mobile vending operation that was reinstated on the Commons; Lime bikes; and
asbestos concerns regarding the History Center renovation project.
Dennis B. Osika, Town of Lansing – discussed the need for nuclear disarmament, and
noted that there are 15,000 nuclear weapons in the world.
Wayles Browne, City of Ithaca – urged support for the Resolution regarding nuclear
disarmament.
Nancy Cusumano, Town of Ulysses – discussed traffic issues on the West End and the
quality of life in Ithaca.
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D J Erb, Town of Groton – discussed the impact that the West End traffic has had on
local businesses.
Frank Baldwin, Town of Ithaca – thanked the Mayor for being a “Mayor for Peace” and
urged Common Council’s support for the nuclear ban treaty.
PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR:
Mayor Myrick responded to comments made regarding traffic in the West End. He
explained that traffic is complicated, and enforcement works for a while but needs to
remain a constant element. The work being done is to improve the quality of life for the
people that live in the West Hill neighborhoods with a focus on pedestrian and bicycle
safety. He noted that he liked some of the suggestions made and will forward them to
the Board of Public Works for consideration.
Alderperson McGonigal apologized to Ms. Gougakis for not following up on a matter of
concern. He further stated that he agrees with much of what Ms. Cusumano and the
Mayor said regarding the West Hill traffic issues, noting that he and Alderperson Brock
spend a lot of time working on them. The intersection of Buffalo Street and
Taughannock Blvd is very challenging and requires balance, which includes respecting
the business needs on the West End. He voiced his belief that the impact this project
would have on those businesses was miscalculated.
In response to comments made by Ms. Gougakis, Mayor Myrick explained that the
Board of Public Works inquired about the late night mobile vending pilot program. The
Superintendent of Public Works reported that it was doing fine and that there had only
been one complaint made. The mobile vendor is no longer using he generator that was
identified as an issue.
Mayor Myrick further noted that he would speak with the City Attorney regarding the
phone call to IPD and would contact Ms. Gougakis.
CONSENT AGENDA ITEMS:
City Administration Committee:
8.1 Department of Public Works - Amendment to Personnel Roster - Resolution
By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick
WHEREAS, a Parking Lot Attendant in the Parking Division of the Depa rtment of Public
Works has requested a temporary reduction in their workweek from forty (40)
hours/week to thirty (30) hours/week; and
WHEREAS, the Parking Division is willing and able to accommodate this request by
increasing the hours of a seasonal employee; now, therefore be it
RESOLVED, That the workweek of one Parking Lot Attendant position in the Parking
Division of the Department of Public Works be and hereby is reduced from forty (40)
hours/week to thirty (30) hours/week from Monday October 8, 2018 through Friday
March 8, 2019 pursuant to the employee’s request; and, be it further
RESOLVED, That $3,659 be transferred from account A5651 -5115 to account A5651-
120; 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 six (6) hours per day (thirty (30) hours per week), in
accordance with the following period and shift schedule:
Period Daily Shift
October 8, 2018 – December 28, 2018 8:00 AM – 2:30 PM
December 31, 2018 – March 8, 2019 2:00 PM – 8:30 PM
Carried Unanimously
October 3, 2018
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8.2 Approval of the 2018-2019 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 lthaca and the Ithaca City School District for
performance by the City for services in connection with Civil Service matters for the
period July 1, 2018 to June 30, 2019, in an amount payable of $60,112 payable to the
City of Ithaca on or before December 1, 2018.
Carried Unanimously
8.3 Youth Bureau – Amendment to Personnel Roster - Resolution
By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick
WHEREAS, the Youth Bureau is requesting permission to amend the 2018 roster by
funding the Youth Program Coordinator position (35 hours), and defunding the Youth
Program Leader position (35 hours); and
WHEREAS, the program merger approved by Common Council in May 2018 to
combine the Paul Schreurs Memorial Program (PSMP) and the College Discovery
Program (CDP) before the end of the year has been slowed down to allow a smooth
transition; and
WHEREAS, the current plan is to fund and fill the Program Coordinator position and to
have both program coordinators (PSMP and CDP) work together to merge the
programs over a period of time; and
WHEREAS, these changes are made within the Youth Bureau’s approved 2018 budget
and will not require additional funds from the City; now, therefore be it
RESOLVED, That the Personnel Roster of the Youth Bureau be amended as follows:
Fund: One (1) Youth Program Coordinator (35 hours)
Defund: One (1) Youth Program Leader (35 hours)
Carried Unanimously
CITY ADMINISTRATION COMMITTEE:
10.1 A Resolution Calling for the United States to “Pull Back from the Brink”
and Prevent Nuclear War
By Alderperson Nguyen: Seconded by Alderperson Smith
WHEREAS, since the height of the Cold War, the United States and Russia have
dismantled more than 50,000 nuclear warheads, but 15,000 of these weapons still exist
and pose an intolerable risk to human survival; and
WHEREAS, 95 percent of these weapons are in the hands of the United States and
Russia and the rest are held by seven other countries: China, France, Israel, India,
North Korea, Pakistan, and the United Kingdom1; and
WHEREAS, the use of even a tiny fraction of these weapons would cause worldwide
climate disruption and global famine; to wit, as few as 100 Hiroshima sized bombs,
small by modern standards, would put at least five million tons of soot into the upper
atmosphere and cause climate disruption across the planet, cutting food production and
putting two billion people at risk of starvation2; and
WHEREAS, a large-scale nuclear war would kill hundreds of millions of people directly
and cause unimaginable environmental damage3 and catastrophic climate disruption,
dropping temperatures across the planet to levels not seen since the last ice age; and
1 https://fas.org/issues/nuclear-weapons/status-world-nuclear-forces/
2 http://www.psr.org/assets/pdfs/two-billion-at-risk.pdf
3 http://www.psr.org/assets/pdfs/projected-us-casualties-and-destruction.pdf
October 3, 2018
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WHEREAS, despite assurances that these arsenals exist solely to guarantee that they
are never used, there have been many occasions when nuclear armed states have
prepared to use these weapons, and war has been averted only at the last minute4; and
WHEREAS, former Defense Secretary Robert McNamara said, speaking about the
Cuban Missile Crisis, “It was luck that prevented nuclear war,” yet our nuclear policy
cannot be the hope that luck will continue; and
WHEREAS, as the effects of climate change place increased stress on communities
around the world and intensify the likelihood of conflict, the danger of nuclear war will
grow5; and
WHEREAS, the planned expenditure of more than $1 trillion to enhance our nuclear
arsenal will not only increase the risk of nuclear disaster but will fuel a global arms race
and divert crucial resources needed to assure the well-being of the American people
and people all over the world6; and
WHEREAS, there is an alternative to this march to nuclear war: in July 2017, 122
nations called for the elimination of all nuclear weapons by adopting the Treaty on the
Prohibition of Nuclear Weapons7; now, therefore be it
RESOLVED, That the Common Council of Ithaca, New York calls upon our federal
leaders and our nation to embrace the Treaty on the Prohibition of Nuclear Weapons
and make nuclear disarmament the centerpiece of our national security policy; and, be it
further
RESOLVED, That the Common Council of Ithaca, New York calls upon our federal
leaders and our nation to spearhead a global effort to prevent nuclear war by:
renouncing the option of using nuclear weapons first (first-strike capacity);
ending the president’s sole, unchecked authority to launch a nuclear attack
without approval by congress;
taking US nuclear weapons off hair-trigger alert;
cancelling the 1.7 trillion dollar plan to replace its entire arsenal with enhanced
weapons; and
actively pursuing a verifiable agreement among nuclear armed states to eliminate
their nuclear arsenals, as established in the Treaty on the Non-Proliferation of
Nuclear Weapons (NPT);
; and, be it further
RESOLVED, That the City Clerk shall cause a copy of this resolution to be sent to U.S.
Congressman Tom Reed, U.S. Senator Kirsten Gillibrand, U.S. Senator Charles
Schumer, and President Donald J. Trump.
Alderpersons Nguyen and Mohlenhoff thanked the people who came out to speak on
the issue and for pursuing this initiative.
A vote on the Resolution resulted as follows:
Carried Unanimously
4 http://www.ucsusa.org/sites/default/files/attach/2015/04/Close%20Calls%20with%20Nuclear%20Weapons.pdf
5 https://www.scientificamerican.com/article/once-again-climate-change-cited-as-trigger-for-war/
6 https://www.armscontrol.org/factsheets/USNuclearModernization
7 http://www.icanw.org/the-treaty/
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PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE:
9.1 An Ordinance to Amend the City of Ithaca Municipal Code, Chapter 325,
Entitled “Zoning” To Make Minor Corrections to the Waterfront Zoning Districts
9.1 A Declaration of Lead Agency – Resolution
By Alderperson Murtagh: Seconded by Alderperson Brock
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 zoning amendment is a “TYPE I” Action pursuant to the City
Environmental Quality Review (CEQR) Ordinance, which requires 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 proposed minor corrections to the
Waterfront Zoning Districts.
Carried Unanimously
9.1 B Determination of Environmental Significance – Resolution
By Alderperson Murtagh: Seconded by Alderperson Brock
WHEREAS, on August 2, 2017, the Common Council established four new zoning
districts for the Waterfront Study Area, the Newman, the Market, The West
End/Waterfront, and the Cherry Street Districts; and
WHEREAS, the Common Council is now considering adopting some minor changes
and corrections to the waterfront districts that could improve the implementation of the
zoning and allow for the type of development that was anticipated when the zoning was
adopted; and
WHEREAS, the appropriate environmental review has been conducted, including the
preparation of a Short Environmental Assessment Form (SEAF), dated May 21, 2018;
and
WHEREAS, the proposed action is a “unlisted” Action under the City Environmental
Quality Review Ordinance; 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 on the Short Environmental
Assessment Form, dated May 21, 2018; 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.
Carried Unanimously
9.1 C Adoption of Ordinance
By Alderperson Murtagh: Seconded by Alderperson Brock
WHEREAS, on August 2, 2017, the Common Council established four new zoning
districts for the Waterfront Study Area, the Newman, the Market, The West
End/Waterfront, and the Cherry Street Districts; and
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WHEREAS, several items have been identified as minor changes to the waterfront
districts that could improve the implementation of the zoning and allow for the type of
development that was anticipated when the zoning was adopted, and several minor
corrections to the existing code that reference zones that no longer exist have also been
identified; now, therefore be it
ORDINANCE 2018-____
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca that
Chapter 325 of the City Code be amended as follows:
Section 1. Chapter 325-3B entitled “Definitions and Word Usage”, is hereby amended
to add the following new definitions,
BUSINESS OR PROFESSIONAL OFFICE - Offices where services are provided
that require specialized training or professional certification including but not
limited to accountant, appraiser, attorney, architect, engineer, surveyor,
stockbroker, physician, dentist, chiropractor, massage therapist, psychologist,
and optometrist.
Section 2. The following sections of the City Code are no longer relevant and hereby
deleted in entirety,
Section 325-16E – entitled “Height Regulations”
Section 325-28 – entitled “Marine Commercial District”
Section 325-20D(3)(a) – entitled “Off-Street Parking”
Section 3. Section 325-26 entitled “New structures along streams or inlets”, is hereby
amended to read as follows:
No new structure shall be located nearer than 20 feet to an inlet wall or to the bank of
an inlet channel or stream, measured at an average water level, except for those
structures directly connected with marine or public or commercial recreation activities.
(See illustration below.) Properties located within the [waterfront zoning district] Cherry
Street District, the Market District, the Newman District, and the West
End/Waterfront District are exempt from this requirement.
Section 4. Section 325-29.1D entitled “Adult uses” should be deleted in its entirety and
replaced with the following language,
325-29.1 D. Location.
(1) Adult uses may only be located within the Adult Use Overlay Zone, as shown on the
Official City Zoning Map.
Section 5. Section 325-8 entitled “District Regulations”, is hereby amended in order to
change the minimum building height in the Newman, Market, Cherry Street, and West
End/Waterfront Districts to read as follows:
Minimum Building Height
For Water Dependent Uses there is no minimum building height. For any non -water
dependent uses, buildings must be a minimum of 2 stories in height. The first story of
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any new structure must be 12-15 feet in height, measured floor to floor. Each additional
story must be 10-12 feet in height, measured from floor to floor. In buildings with a
pitched roof, a top story contained within the pitched roof shall be exempt from
this requirement. Accessory structures of less than 250 SF may be 1 story. As an
exception, any increase in first floor elevation, as required to comply with flood plain
regulations, can be included in the first story minimum height requirement, however the
first floor should not be less than 10 feet in height measured floor to floor.
Section 7. Section 325-8 entitled “District Regulations”, is hereby amended in order to
add “Garage, Public Repair” as an allowable primary use in the Cherry Street Zoning
District.
Section 8. The City Planning and Development Board, the City Clerk and the Planning
Department shall amend the district regulations chart in accordance with the
amendments made herewith.
Section 9. Severability. 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 portion.
Section 10. Effective date. This ordinance shall take effect immediately and in
accordance with law upon publication of notices as provided in the Ithaca City Charter.
Alderperson McGonigal expressed concern with Section 3 of the Ordinance, noting that
new setbacks have been created in each of the four new zoning districts; however, the
old language is being used in this legislation and it is confusing. He requested that the
section be reworked and clarified. City Planner Kusznir explained that this language is
used for every district except for the Waterfront District.
Discussion followed regarding how water levels are determined and why the top of the
bank is not used as a measurement point.
Alderperson Brock stated that there are quite a few properties along the streams in this
area and voiced her appreciation for this work even though the definition is challenging.
Planning and Development Director Cornish stated that she would look into this issue
further for possible future change and agreed that the top of the bank measurement
may be a better solution.
A vote on the Ordinance resulted as follows:
Carried Unanimously
9.2 A Resolution to Modify the City’s Model Full and Short Environmental
Assessment Forms (FEAF and SEAF) to be the Model New York State Department
of Environmental Conservation’s FEAF & SEAF
By Alderperson Murtagh: Seconded by Alderperson Lewis
WHEREAS, §617.3 General Rules of the NYS Environmental Quality Review Act
(SEQR) states that “No agency involved in an action may undertake, fund or approve
the action until it has complied with the provisions of SEQR”; and
WHEREAS, the City of Ithaca has a local Environmental Quality Review Ordinance
(CEQR) §176 of the City Code; and
WHEREAS, both SEQR and CEQR define Environmental Assessment Forms (EAFs)
as “A form used by an agency to assist it in determining the environmental significance
or non-significance of an action. A properly completed EAF shall contain enough
information to describe the proposed action, its location, its purpose and its potential
impacts on the environment”; and
WHEREAS, although the State has model EAF forms, the City of Ithaca has long used
local EAF forms to conduct environmental review; and
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WHEREAS, CEQR also states that the model forms “may be modified by the Common
Council to better serve it in implementing CEQR, provided that the scope of the
modified form is as comprehensive as the model”; and
WHEREAS, it has been determined that the State model EAF forms would better serve
the City in implementing CEQR; now, therefore be it
RESOLVED, That the Common Council does herby modify the City’s model EAF forms
to be one and the same as the New York State model forms; and, be it further
RESOLVED, That the CEQR thresholds for Unlisted and Type 1 Actions remain the
same; and, be it further
RESOLVED, That the current model forms contained in Appendices A and C as
referenced in §176.2 of the City Environmental Quality Review Ordinance be replaced
with the State forms.
Alderperson Murtagh explained why the Planning Department is recommending the use
of the New York State model forms.
A vote on the Resolution resulted as follows:
Carried Unanimously
9.3 Approval of IURA-Proposed Property Sale to Emmy’s Organics, Inc. -
Resolution
By Alderperson Murtagh: Seconded by Alderperson Brock
WHEREAS, on June 29, 2018, the Ithaca Urban Renewal Agency designated Emmy’s
Organics, Inc. as a “qualified and eligible sponsor” (Spon sor) to acquire land located at
the end of Cherry Street, part of an undeveloped six-acre parcel of land owned by the
IURA (tax map #100.-2-1.21); and
Whereas, Emmy’s proposes a $1.4 million project to construct an approximately 10,000
square foot food manufacturing facility to produce organic/natural cookies and snacks
and add an additional 5 full-time equivalent employees, of which at least 51% will be
low- and moderate-income at the time of hire; and
Whereas, Emmy’s started in Ithaca by selling their product at the Ithaca Farmer’s
Market and have grown to employ 19 workers at their current leased operations located
at 629 W. Buffalo Street, Ithaca; and
Whereas, pursuant to section 507 of General Municipal Law, the IURA is authorized to
dispose of property to a specific buyer at a negotiated price if such buyer is designated
as an eligible and qualified sponsor (Sponsor), and the sale is approved by Common
Council following a Public Hearing; and
Whereas, a Public Hearing notice was published in the July 30, 2018 edition of The
Ithaca Journal disclosing essential terms of the proposed sale and a Public Hearing was
held on August 8, 2018; and
WHEREAS, That on September 25, 2018, the City of Ithaca Planning and Development
Board, as Lead Agency in this matter, determined the proposed action will result in no
significant impact on the environment; now, therefore be it
RESOLVED, That the City of Ithaca Common Council hereby approves a IURA-
proposed Disposition and Development Agreement to sell property to Emmy’s Organics,
Inc. to undertake an urban renewal project pursuant to the following terms:
Seller: Ithaca Urban Renewal Agency
Purchaser: Emmy’s Organics, Inc. (or a legal entity to be formed
that is majority owned by the principals of the
Company)
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Urban Renewal Project: Investment of approximately $1.4 million to construct
and operate an approximately 10,000 square foot
food manufacturing facility for producing
organic/natural cookies and snacks, resulting in job
creation.
Project Site: 2.601 acre portion of tax parcel #100.-2-1.21 located
at the end of Cherry Street, Ithaca, NY.
Purchase Price: $242,000, the fair market value as determined by
appraisal.
Job Creation: Creation of at least five (5) full-time equivalent jobs
within two years of project completion. At least 51%
of five jobs must be filled by low- and moderate-
income persons earning no more than 80% of the
Area Median Income as determined by the U.S.
Department of Housing & Urban Development.
Living Wages: At least three (3) of the new job positions created
shall be paid a 2018 living wage of $15.11/hour (or
$13.90/hour with $2,500/year employer health care
contribution) within 12 months of their hire date.
Employment & Wage
Reporting:
Quarterly employment and wage reporting shall
be submitted to Seller until job creation goal is
satisfied for two consecutive quarters.
Conditions for Sale: A. Approval of a Cherry Street Expansion
subdivision of tax parcel #100.-2-1.21.
B. Site Plan approval – within 180 days of the
date of the purchase agreement, purchaser
submission of proof of final site plan approval.
C. Project financing – within 270 days of the date
of the purchase agreement, purchaser
submission of proof of financing and equity
sufficient to construct the project.
D. Building Permit issuance – within 365 days of
date of the purchase agreement, purchaser
submission of proof of a building permit at
least authorizing construction of the full
foundation for the project.
Alderperson Lewis noted that the Industrial Development Agency (IDA) is holding a
public hearing tomorrow on this topic.
A vote on the Resolution resulted as follows:
Carried Unanimously
CITY ADMINISTRATION COMMITTEE:
10.2 An Ordinance to Release and Terminate City’s Sewer Line Easement Along
Taughannock Boulevard
By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick
WHEREAS, presently before Common Council is a proposal requesting that the City
release its rights to certain sewer line easements encumbering the property located at
323 Taughannock Blvd, which are recorded by Deed dated March 12, 1896, and
recorded in the Tompkins County Clerk’s Office on March 17, 1896, in Liber 145 of
Deeds of Page 534 and by Right-of-Way Agreement for Sewer Purposes recorded in
the Tompkins County Clerk’s Office on February 16, 1960, in Liber 425 of Deeds of
Page 327 (hereinafter collectively, the “Easements”)”; and
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WHEREAS, 323T, LLC, the property owner of 323 Taughannock Blvd, tax map parcel
58-3-1, has requested that the City release and terminate rights to such Easements;
and
WHEREAS, the sewer lines described in the Easements are no longer necessary and
have been abandoned by the City, and City staff is supportive of releasing the
easement; and
WHEREAS, in consideration for the City’s release of the Easements of limited value to
the City, 323T, LLC has offered $2,500; and
WHEREAS, on September 18, 2018, the Board of Public Works declared the
Easements surplus property for municipal purposes and recommended Council’s
authorization of the release; and
WHEREAS, the City Charter requires approval by three -fourths of the Common Council
to authorize divestment of real property; and
WHEREAS, the City Charter further requires notice of a proposed sale to be published
no less than once each week for three weeks, the first such notice being published no
less than 30 days prior to the approval vote, and such notices have been published;
now, therefore
ORDINANCE __ -2018
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as
follows:
Section 1. Legislative Intent and Purpose. The Common Council makes the following
findings of fact:
A. The above-described Easements are surplus for municipal purposes.
B. The Easements are for sewer lines that are no longer used or needed by the
City.
C. The consideration offered by 323T, LLC is adequate to release the City’s
interests in the Easements.
Section 2. Approval and Execution of Deed. The Common Council authorizes and
directs the Mayor, on the advice of the City Attorney, to execute documents as needed
to effect these transactions.
Section 3. Effective Date. This ordinance shall take effect immediately.
Alderperson Brock asked if this is the easement that is perpendicular to Rt. 89 and
extends toward W. Court Street. City Attorney Lavine explained that this is a sewer
easement only for 323 Taughannock Boulevard. The property owner is planning to
develop this site and the sewer easement is an obstacle to that. City staff have agreed
that the City has no need to place a sewer in that location.
A vote on the Ordinance resulted as follows:
Carried Unanimously
10.3 A Local Law Entitled “Confirmation of the Sidewalk Improvement District
Assessments, Budget, and Schedule of Work for Fiscal Year 2019”
This item was withdrawn from the agenda and will be included as part of the 2019
Budget deliberations.
10.4 Finance Department – Approval of 2017 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, 2017
through December 31, 2017, prepared by the accounting firm of Insero & Company
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CPA’s LLP, be accepted to comply with all of the City’s applic able Government
Accounting Standards Board (GSB) Statement 34 and other related audit and single -
audit requirements.
Alderperson Kerslick expressed his thanks to the City Controller’s Office for their hard
work in getting the City caught up with these audits. City Controller Thayer noted that
the Final Audit has been released and to let him know if there were any questions.
A vote on the Resolution resulted as follows:
Carried Unanimously
10.5 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. _____ - 2018
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, 2019, 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.
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, 2019, 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 corporation 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 Mohlenhoff – Aye Alderperson Lewis - Aye
Carried Unanimously
City Controller’s Report:
City Controller Thayer reported that hard copies of the budget are available upon
request. Electronic copies will be distributed after the meeting.
October 3, 2018
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REPORTS OF COMMON COUNCIL LIAISONS:
Workforce Diversity Advisory Committee
Alderperson Brock reported that the Committee has been discussing the CIITAP
program and the diversity reporting requirements that were adopted by Common
Council in 2016. She noted that this amendment has not been presented from the City
to the Industrial Development Agency (IDA) for discussion and approval, and asked
what staffing is in place to help steward these amendments through the process. She
further recommended establishing a process for CIITAP changes moving forward.
She further reported that she is part of a volunteer group that has been removing
invasive water chestnut plants from the Six Mile Creek Natural Area. The group has
voiced concern regarding the level of siltation in Six Mile Creek and the need for a
reservoir management plan for the water and silt dam reservoirs. This work could be
dovetailed into existing staff work that will need to be done for the New York State
Harmful Algae Bloom (HAB) program.
Tompkins County Legislature
Alderperson McGonigal reported that the Tompkins County Legislature would like to
know the current status of the City’s Law Enforcement Assisted Diversion (LEAD)
program. Mayor Myrick responded that there are three separate committees working on
this. A Request for Proposals was released; however, responses came in over budget.
If the City were to approve a proposal, additional funders would be needed. He agreed
to send an update to the Legislature.
Ithaca Urban Renewal Agency
Alderperson Lewis noted that she submitted her IURA Liaison notes to Council earlier
and they primarily focused on the Green Street Garage Redevelopment project and the
public hearing that was held on September 27, 2018.
She further reported that she sent an e-mail as a follow up to the IDA’s September 13,
2018 meeting noting that there have been two discussions at recent IDA meetings
regarding the CIITAP diversity and inclusion policy and there is full expectation that it
will be approved by the IDA in the near future .
Community Police Board
Alderperson Kerslick reported that the Community Police Board still has vacancies,
including a youth member. Another member is resigning at the end of the year and the
Board will struggle to reach a quorum. He urged Council members to reach out to
residents who might be interested in serving. All Commissioners need to be residents
of the City.
TCAT
Alderperson Nguyen reported that city staff relocated the Tompkins County Library
parking spaces from E. Green Street to Cayuga Street; however, people are still parking
on Green Street and it is creating staging issues for the buses. He requested the City’s
assistance in educating the public about this parking change.
MINUTES FROM PREVIOUS MEETINGS:
17.1 Approval of the September 5, 2018 Common Council Meeting Minutes –
Resolution
By Alderperson Brock: Seconded by Alderperson Kerslick
RESOLVED, That the minutes of the September 5, 2018 Common Council meeting be
approved as published.
Carried Unanimously
NEW BUSINESS:
18.1 Presentation of the 2019 Mayor’s Budget
Mayor Myrick presented his 2019 recommended budget as follows:
2019 Tax Levy will increase 2.91% which is below the property tax cap of 2.93%.
This represents $670,000 change from 2018.
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2019 Tax Rate will decrease from $12.04 to $11.60, a 4.45% reduction. This is the
lowest tax rate since 2002.
He shared the history of the City of Ithaca tax rates and compared the City’s 2018
tax rate with other municipalities within Tompkins County and the 2017 tax rate with
other cities in New York State
Budget Highlights:
New DPW Crew – adding a 7-person crew to Streets & Facilities to focus on road
reconstruction and other infrastructure needs starting March 1st.
Bridge Engineer salary will be brought into the operating budget
Purchase of thermal striping equipment
Funding for design of ice jam effluent piping
An 8.7% ($73,000) increase to the City’s annual TCAT contribution
Funding same number of Police Officers and Fire Fighters
Continue funding for four SAFER fire fighters to the end of 2019
New aerial truck and replacement of Fire Department staff vehicle (the Town of
Ithaca pays 31.2% of Fire Department investments)
New police vehicles
New Code Inspector position to start on June 1st
Continue funding for half-time Sustainability Planner (funded jointly with the Town
of Ithaca)
City facility Wi-Fi upgrades funded in capital projects
Software licenses for e-mailing large documents
Goose waste removal equipment
Softball field improvements
Tennis court resurfacing
Living wage increases for Youth Bureau staff
Living wage increases for GIAC staff
Promote 2 program assistants to program leaders
Increase one program assistant from 20 hours to 35 hours
Contractual salary increases for all bargaining units with contracts
Additional step for Management compensation plan, effective April 1st
2% increase for Common Council
Mayor’s salary remains the same as 2018
Outreach worker: double contribution to $40,000
Increase to TCAD contribution to $20,000
1.5% increases for Human Services Coalition, Southside Community Center, and
CSI
Gorge Safety Program funded at $15,000
Continue LEAD funding at $50,000
New funding:
o Childcare for City meetings: $5,000
o REACH: $50,000
o Tompkins County Public Library: $3,000
o Wayfinding signage: $5,000
o Tompkins Center for History and Culture: $10,000
There will be $500,000 less appropriated from the Fund Balance in 2019 compared to
2018.
October 3, 2018
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Revenue increases:
Property Taxes: $670,000
Sales Tax: $768,000
Building Permits: $630,000
Transfer from Stormwater Utility: $535,000
Other Revenue changes: -$124,000
Stormwater utility: 1-,2-,3-family homes will pay $57 per year – a $9 increase
Other properties will pay $87 per ERU per year – an 81% increase
Trash tag increase – from $3.75 to $4.50
Tax Exempt Property – 55% = $2.6 billion
Mayor Myrick further reviewed private developments currently underway and on the
horizon, property assessments, financial metrics, NYS Aid to municipalities, sales tax,
health insurance, pension, and salary expenses.
A question and answer session with Council members followed regarding:
Property assessments, the impact on residential property owners, and the
median value of a single-family home.
The request to fund a Water & Sewer crew
The two-tiered plan for stormwater utility fees
The road reconstruction crew
IPD staff shortages
Requests above the Mayor’s Budget are due Friday, and the first budget meeting is
Thursday, October 11, 2018.
Motion to Enter into Executive Session
By Alderperson Lewis: Seconded by Alderperson Kerslick
RESOLVED, That Common Council enter into Executive Session to discuss collective
bargaining.
Carried Unanimously
RECONVENE:
Common Council reconvened into Regular Session with no formal action taken.
ADJOURNMENT:
On a motion the meeting adjourned at 9:00 p.m.
______________________________ _______________________________
Julie Conley Holcomb, CMC Svante L. Myrick
City Clerk Mayor