HomeMy WebLinkAboutMN-CC-2019-03-06COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 6:00 p.m. March 6, 2019
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
GIAC Director – McBean-Clairborne
GIAC Deputy Director – Brooks
Community Development Director – Bohn
Assistant City Attorney in charge of Prosecution – Sarachan
Transportation Engineer – Hathaway
PLEDGE OF ALLEGIANCE:
Mayor Myrick led all present in the Pledge of Allegiance to the American Flag.
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
The following people addressed Common Council:
Matt Butler, Managing Editor of the Ithaca Times presented the following “Best of”
Awards:
Best Local Hero – Mayor Svante L. Myrick
Best Common Council Member – Alderperson Ducson Nguyen
Best Neighborhood Street – Utica Street (accepted by Alderpersons Lewis and
Mohlenhoff).
Joe McMahon, City of Ithaca, voiced his support for the proposal to reduce the city-wide
speed limit to 25 mph. He further voiced his support for the Resolution allowing the
Town of Ithaca’s use of the Route 13 Pedestrian Bridge for the Gateway Trail and
referred to the bridge as “the bridge to everywhere”.
Theresa Alt, City of Ithaca, voiced her support for the proposed legislation that will
improve conditions for renters in the City. She stressed the need for more affordable
housing and urged the City not to give tax abatements to housing developments that do
not include affordable units.
Marc Messing, Town of Ithaca, addressed issues of free speech as he believes that he
has been denied membership to the Cascadilla Boat Club for being outspoken about his
safety concerns regarding the Club. He noted that his son was expelled from the Club
as well. He believes that the Club membership should be available to all members of
the public.
Fay Gougakis, City of Ithaca, expressed her displeasure regarding a letter she received
from the Mayor and requested information regarding who influenced the statements that
were made.
PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR:
Alderperson Mohlenhoff responded to comments made by Mr. McMahon noting that the
Resolution regarding the bridge was on the Consent Agenda for approval and would not
be discussed further.
Alderperson McGonigal responded to comments made by Ms. Gougakis.
Alderperson Brock responded to comments made by Ms. Alt and suggested that the tax
abatement policy be re-examined. She further referenced the letter mentioned by Ms.
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Gougakis and thanked the Mayor for the steps he took to create a safe working
environment in City Hall for employees, visitors, and constituents. She acknowledged the
difficult decisions that had to be made and voiced her appreciation for the action.
CONSENT AGENDA ITEMS:
City Administration Committee:
8.1 Department of Public Works (DPW) - Authorization for Mayor to Execute a
Memorandum of Understanding (“MOU”) with the Town of Ithaca to Permit the
Town to use the Route 13 Pedestrian Bridge for the Gateway Trail - Resolution
By Alderperson Nguyen: Seconded by Alderperson Mohlenhoff
WHEREAS, the City owns a pedestrian bridge that runs over Route 13 ("Route 13
Pedestrian Bridge"), and the City also holds a permit issued by the New York State
Department of Transportation ("NYSDOT") authorizing the City to occupy and maintain
the Route 13 Pedestrian Bridge within the State’s airspace; and
WHEREAS, the Town of Ithaca wishes to use the Route 13 Pedestrian Bridge for the
purpose of constructing a public trail, known as the "Gateway Trail," which is a portion
of a long-term joint project to establish a trail system serving this area; and
WHEREAS, the Town will be replacing decking to the bridge, and staff is supportive of
the Town’s improvements and use; now, therefore be it
RESOLVED, That Common Council is supportive of entering into an MOU with the
Town, and authorizes the Mayor, upon the advice of the City Attorney, to execute the
submitted MOU for the Town’s use of the pedestrian bridge as part of the Gateway
Trail.
Carried Unanimously
8.2 An Ordinance to Amend Chapter 146 entitled “Building Code
Enforcement”, Section 146-23 entitled “Examining Board of Plumbers” to
Eliminate Residency Requirements for Board Members
By Alderperson Nguyen: Seconded by Alderperson Mohlenhoff
WHEREAS, the City has long had difficulty recruiting qualified membership to the City’s
Examining Board of Plumbers, and part of that difficulty has been created by the
requirement that all members must be City residents; now, therefore
ORDINANCE 2019-___
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 residency requirement for membership on the Examining Board of
Plumbers is unnecessarily limiting the City’s ability to recruit sufficient
qualified membership.
B. The Common Council desires to eliminate said residency requirement.
Section 2. Section 146-23(A) shall be amended to read as follows:
A. Composition. The Examining Board of Plumbers shall be composed of two master
plumbers with not less than 10 years' experience as licensed plumbers and one
journeyman plumber with 10 years' experience, to be appointed by the Mayor and to
serve terms of three years each; the Assistant Superintendent of Public Works for water
and sewer; and the [Chief] Plumbing Inspector. [All members shall be citizens and
actual residents of the City of Ithaca.]
Section 3. Severability. Severability is intended throughout and within the provisions
of this Ordinance. If any section, subsection, sentence, clause, phrase, or portion of this
Ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction,
then that decision shall not affect the validity of the remaining portions of this Ordinance.
March 6, 2019
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Section 4. Effective Date. This ordinance shall take effect immediately upon
publication as provided in the City Charter.
Carried Unanimously
8.3 Renewal of a Memorandum of Understanding for the City’s Co-Sponsorship
with the Rotary Club of Ithaca of the 2019 Fourth of July Fireworks Event -
Resolution
By Alderperson Nguyen: Seconded by Alderperson Mohlenhoff
WHEREAS, the City wishes to continue the tradition of hosting fireworks in Stewart Park
for the community to enjoy and celebrate the Fourth of July; and
WHEREAS, 2017 was the first year of the Rotary Club and City co -sponsorship of the
July 4th fireworks event in Stewart and Cass Parks; and
WHEREAS, City staff and Rotary Club representatives wish to renew the agreement
between the parties in which the City provides traditional municipal services and the
Rotary Club provides all planning and funding for the fireworks and services not
otherwise provided by the City; and
WHEREAS, as co-sponsor of the fireworks event, the Rotary Club of Ithaca commits to
funding the cost of fireworks, concessions, vendors, entertainment, traffic and safety
measures and sanitary amenities; and
WHEREAS, as co-sponsor of the fireworks display event, the City commits to
contracting for, but not funding, the fireworks display, and commits to providing City
insurance coverage, equipment, facilities and staff time of the Ithaca Police Department,
Fire Department, Department of Public Works, Youth Bureau, and any other relevant
City department to support the event at no cost to the Rotary Club; now, therefore be it
RESOLVED, That Common Council supports the City’s co-sponsorship of the fireworks
event in July 2019 and authorizes the City to provide in kind services at no charge to
service the event; and, be it further
RESOLVED, That the Mayor, upon the advice of the City Attorney, is authorized to
execute a renewal memorandum of understanding with the Rotary Club to co-sponsor
the event and memorialize the roles and responsibilities with respect to the fireworks
event.
Carried Unanimously
8.4 Viva Taqueria & Cantina Alcohol Permit Request - Resolution
By Alderperson Nguyen: Seconded by Alderperson Mohlenhoff
WHEREAS, since 1998 the City of Ithaca has issued a license to the 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 the 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
March 6, 2019
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RESOLVED, For the year 2019, Common Council hereby approves a revocable Alcoholic
Beverage Permit for the outdoor sale and consumption of alcohol for the 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.
Carried Unanimously
PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE:
10.1 Acquisition of the Former Immaculate Conception School Gymnasium –
Declaration of Lead Agency - Resolution
By Alderperson Murtagh: Seconded by Alderperson Smith
WHEREAS, the City of Ithaca Common Council is considering acquisition of a parcel of
land containing the 9,156 square foot gymnasium on the former Immaculate Conception
school campus, located at 320 W. Buffalo Street, Ithaca, NY; and
WHEREAS, the proposed acquisition of less 2.5 acres of contiguous land is an Unlisted
Action under the City Environmental Quality Review Ordinance (CEQRO); and
WHEREAS, State Law and Section 176.6 of CEQRO require that a Lead Agency be
established for conducting environmental review of proposed actions in accordance with
local and state environmental law; and
WHEREAS, State Law specifies that for actions governed by local environmental review
the Lead Agency shall be that local agency which has primary responsibility for
approving and funding or carrying out the action; and
WHEREAS, no other agency than the City of Ithaca Common Council has jurisdiction to
approve or undertake the proposed action; now, therefore be it
RESOLVED, That the City of Ithaca Common Council does hereb y declare itself Lead
Agency for the environmental review of the proposed acquisition of the former
Immaculate Conception school gymnasium.
Carried Unanimously
10.2 Acquisition of the Former Immaculate Conception School Gymnasium –
Environmental Significance - Resolution
By Alderperson Murtagh: Seconded by Alderperson Lewis
WHEREAS, the City of Ithaca Common Council is considering acquisition of a parcel of
land containing the 9,156 square foot gymnasium on the former Immaculate Conception
school campus, located at 320 W. Buffalo Street, Ithaca, NY; and
WHEREAS, the City of Ithaca Common Council declared itself Lead Agency for the
environmental review of this proposed action; and
WHEREAS, such proposed action for the acquisition of less than 2.5 contiguous acres
of land is an Unlisted Action under the City of Ithaca Environmental Quality Review
Ordinance (“CEQR”) and an Unlisted Action under the State Environmental Quality
Review Act (“SEQR”), both of which require environmental review; and
WHEREAS, a Short Environmental Assessment Form (SEAF) and supporting
information has been prepared and provided to the City of Ithaca Parks, Recreation,
and Natural Areas Commission for review of the proposed action; and
WHEREAS, the Common Council for the city of Ithaca, acting as Lead Agency, has
reviewed the SEAF prepared by the Ithaca Urban Renewal Agency and City planning
staff; now, therefore be it
RESOLVED, That the Common Council for the City of Ithaca, as Lead Agency in this
matter, adopts as its own, the findings and conclusions more fully set forth in the SEAF;
and, be it further
March 6, 2019
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RESOLVED, That the Lead Agency hereby determines that the proposed action at
issue will not have a significant effect on the environment and that further environmental
review is unnecessary; and, be it further
RESOLVED, That this resolution constitutes notice of this negative declaration and that
the City Clerk is hereby directed to file a copy of the same, together with any
attachments, in the City Clerk’s Office, and forward the same to any other parties as
required by law.
Carried Unanimously
10.3 Revised Allocation of New York State Administered Community
Development Block Grant (CDBG) Program Income - Resolution
By Alderperson Murtagh: Seconded by Alderperson Smith
WHEREAS, New York State requires communities in possession New York State (NYS)
Administered CDBG Program Income to use such funds for CDBG -eligible uses by
March 31, 2019 or return the funds to New York State; and
WHEREAS, CDBG program income in the form of loan repayments from this economic
development activity are projected to total over $561,000 by March 31, 2019 ; and
WHEREAS, the Ithaca Urban Renewal Agency (IURA) admin isters CDBG funds on
behalf of the City; and
WHEREAS, on November 7, 2018, the Common Council for the City of Ithaca adopted
the IURA’s recommendation to allocate NYS administered CDBG program to the
following projects:
$175,000 - Cherry Street public road extension, and
$386,583 -S. Aurora Street sidewalk extension (Hillview Place to
City/Town line),
; and
WHEREAS, the prospective employer to be served by the Cherry Street road extension
has informed the IURA that they are pursuing an alternative location to address their
space needs due to unforeseen soil conditions at Cherry Street; and
WHEREAS, the Cherry Street public road project is no longer an eligible CDBG
economic development activity without job creation ; and
WHEREAS, Ithaca Neighborhood Housing Services, Inc. (INHS) has recently
negotiated acquisition of the former Immaculate Conception school campus ; and
WHEREAS, INHS has indicated willingness to sell the former Immaculate Conception
school gymnasium to the City of Ithaca at their pro-rated cost of $290,000; and
WHEREAS, the IURA recommends the following revised allocation of CDBG funds:
$0 - Cherry Street industrial park extension
$175,000 -Acquisition of the former Immaculate Conception school gymnasium,
subject to securing $115,000 in match funding
If match funding for the gym is not secured, then allocate $175,000 for purchase
and installation of pedestrian-scale, solar lighting in Titus Triangle, Baker, and
Conway public parks,
; and
WHEREAS, environmental review for acquisition of the gymnasium has been
completed; now, therefore be it
RESOLVED, The Common Council for the City of Ithaca hereby amends its November
7, 2018 resolution to approve the allocation of NYS -administered CDBG funds for the
March 6, 2019
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following projects:
$386,583 - S. Aurora Street sidewalk extension (Hillview Place to City/Town line),
and
$175,000 - Acquisition of the former Immaculate Conception school gymnasium,
subject to securing $115,000 in match funding
If match funding for the gym is not secured, then $17 5,000 shall be allocated for
purchase and installation of pedestrian-scale, solar lighting in Titus Triangle,
Baker, and Conway public parks
; and, be it further
RESOLVED, That the IURA is authorized to request approval from the NYS Office of
Community Renewal for use of CDBG funds.
Alderperson Murtagh explained the reasons behind the redirection of this funding.
Alderperson Brock thanked GIAC Director McBean-Clairborne and Community
Development Director Bohn for the information and analysis that was provided for
Council’s consideration. She noted that there is a shortage of recreational facilities for
youth across city neighborhoods and voiced her support for this action.
Alderperson McGonigal voiced his support for this initiative and noted that he is looking
forward to working with the staff at GIAC to find recreational opportunities on West Hill.
A vote on the Resolution resulted as follows:
Carried Unanimously
CITY ADMINISTRATION COMMITTEE:
9.1 Ithaca Urban Renewal Agency (IURA) – Establishment of Capital Project for
Acquisition of the Former Immaculate Conception School Gymnasium - Resolution
By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick
WHEREAS, Ithaca Neighborhood Housing Services, Inc. (INHS) has recently executed a
purchase agreement to acquire approximately two acres of the former Immaculate
Conception school campus at 320 W. Buffalo Street, Ithaca, NY 14850; and
WHEREAS, INHS has indicated willingness to subdivide and sell the former Immaculate
Conception school gymnasium to the City of Ithaca at their pro-rated cost of $290,000; and
WHEREAS, the Ithaca Urban Renewal Agency (IURA) recommends City allocation of
$175,000 of City of Ithaca Small Cities Community Development Block Grant (CDBG)
program income toward acquisition of the gym, subject to securing $115,000 in match
funding; and
WHEREAS, such small cities CDBG program income must be committed for expenditure
by March 31, 2019, or returned to New York State; and
WHEREAS, the Greater Ithaca Activities Center, Inc. (GIAC, Inc.) pledges $115,000 of
match funding for acquisition of the gym; and
WHEREAS, on February 13, 2019, the Planning and Economic Development Committee
of Common Council recommended allocation of $175,000 of small cities CDBG program
income for acquisition of the gym; now, therefore be it
RESOLVED, That the Common Council hereby establishes Capital Project #864 - GIAC
Large Gymnasium - in an amount of $290,000, which is sufficient for acquisition of the
former Immaculate Conception school gymnasium; and, be it further
RESOLVED, That funds needed for said Capital Project be derived from the following
funding sources:
March 6, 2019
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$175,000 IURA – Small Cities CDBG program income
$115,000 GIAC, Inc.
$290,000
; and, be it further
RESOLVED, That the Mayor is hereby authorized to execute a lease and purchase
agreement, and any and all documents necessary, to acquire the former Immaculate
Conception school gymnasium for an amount not to exceed $290,000, subject to review
by the City Attorney.
Discussion followed on the floor regarding project funding. City Controller Thayer stated
that the City would not be borrowing for the project at this time but establishing a capital
project is the most efficient way to track project expenditures and revenues. Should the
City need additional funding for this project, it would most likely occur in 2020.
Alderperson Murtagh acknowledged the extensive work completed by GIAC Director
McBean-Clairborne and Deputy Director Brooks, noting that is a legacy achievement for
GIAC.
A vote on the Resolution resulted as follows:
Carried Unanimously
9.2 Department of Public Works (DPW) – Authorization for the Implementation,
and Funding in the First Instance 100% of the Federal-aid and State-aid eligible
costs, of a Federal-Aid and/or State-Aid Transportation Project, and Appropriating
Funds Therefore for the Cecil A. Malone Drive Bridge Replacement Project -
Resolution
By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick
WHEREAS, Sponsor will design, let and construct the “project”; and
WHEREAS, a Project for the Cecil Malone Drive Bridge over the Flood Relief Channel,
P.I.N. 375589 (“the Project”) is eligible for funding under Title 23 U.S. Code, as
amended, that calls for the apportionment of the costs for such program to be borne at
the ratio of 95% Federal funds and 5% non-Federal funds; and
WHEREAS, the City of Ithaca desires to advance the Project by making a commitment
of 100% of the non-Federal share of Design, Construction and Inspection; and
WHEREAS, in November 2018, $2,172,000 (95% Federal and 5% Local Share) of
BRIDGE NY funding was made available by New York State Department of
Transportation for the Project; now, therefore be it
RESOLVED, That the City of Ithaca Common Council hereby approves the above-
subject project; and, be it further
RESOLVED, That the City of Ithaca Common Council hereby authorizes the City of
Ithaca to pay in the first instance 100% of the federal and non-federal share of the cost
of all work for the Project or portions thereof; and, be it further
RESOLVED, That the City of Ithaca Common Council hereby agrees that the City of
Ithaca shall be responsible for all costs of the Project which exceed the amount of the
BRIDGE NY funding awarded to the City of Ithaca; and, be it further
RESOLVED, That the City of Ithaca Common Council hereby establishes Capital
Project #863 in an amount not to exceed $2,172,000; and, be it further
RESOLVED, That this project be undertaken with the understanding th at the final cost
of the Project to the City of Ithaca will be 5% of project costs up to a total project cost of
$2,172,000 and 100% of additional costs thereafter; and, be it further
March 6, 2019
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RESOLVED, That funds needed for said amendment shall be derived from se rial
bonds, with the understanding that these funds are available to the Project and that the
final cost to the City will be $108,600; and, be it further
RESOLVED, That in the event of full federal and non-federal share cost of the project
exceeds the amount appropriated above, the City of Ithaca shall convene as soon as
possible to appropriate said excess amount immediately upon the notification by the
New York State Department of Transportation thereof; and, be it further
RESOLVED, That City of Ithaca hereby agrees that construction of the Project shall
begin no later than twenty four (24) months after award and that the project shall be
completed within thirty (30) months of commencing construction ; and, be it further
RESOLVED, That the Mayor of the City of Ithaca be and is hereby authorized to
execute all necessary Agreements, and the Superintendent of Public Works is hereby
authorized to execute all the necessary Certifications or reimbursement requests for
Federal Aid and /or State-Aid on behalf of the City of Ithaca with the New York State
Department of Transportation in connection with the advancement or approval of the
Project and providing for the administration of the Project and the municipality’s first
instance funding of project costs and permanent funding of the local share of federal-aid
and state-aid eligible Project costs and all Project costs within appropriations therefore
that are not so eligible; and, be it further
RESOLVED, That a certified copy of this resolution be filed with the New York State
Commissioner of Transportation by attaching it to any necessary Agreement in
connection with the Project; and, be it further
RESOLVED, This Resolution shall take effect immediately.
Discussion followed on the floor regarding the timing of this project and how it will be
coordinated with the Brindley Street Bridge project. Bridge Systems Engineer Gebre
explained that the Brindley Street Bridge project has been started and is scheduled to
be completed by the end of 2020. This project will be started as soon as the new bridge
is complete as it will be used as part of the detour for this project.
A vote on the Resolution resulted as follows:
Carried Unanimously
9.3 City Controller’s Report:
City Controller Thayer reported on the following:
2018 Activity is being completed including an inventory reconciliation.
Approximately $686,000 had been appropriated from the fund balance for the
2018 budget but not all of that will be needed. This work is expected to be
finished by early April.
Sales tax – $14.9 million was budgeted – early returns show a 2.1% increase
over 2018 1st quarter collections.
Overtime – $1.2 million was budgeted – $361,000 has been spent to date.
Building permits – $1.3 million was budgeted – $167,000 has been collected.
Site development fees – $127,000 was budgeted - $38,000 has been collected.
Parking Revenues - $2.7 million was budgeted – $366,000 has been collected.
Parking Expenses - $3.9 million was budgeted – $2 million has been spent to
date including bond expenses.
City Controller Thayer noted that he is monitoring the NYS budget discussions closely.
The Governor has proposed no changes to CHIPS funding or State Aid to
Municipalities.
He further reported on the increased Department of Public Works expenses this winter
due the number of water main breaks and the corresponding increase in DPW overtime
costs. Approximately $66,000 of the $110,000 salt budget has been used to date.
March 6, 2019
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Discussion followed on the floor regarding the City’s Charitable Contribution Law and
how residents with escrow accounts can take advantage of it.
PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE:
10.4 An Ordinance to Amend Chapter 210 of the City of Ithaca Municipal Code
entitled “Housing Standards”, Section 210-43 entitled “Certificate of Compliance”
Alderperson Murtagh: Seconded by Alderperson Smith
WHEREAS, Chapter 210-43 of the City of Ithaca Municipal Code establishes
procedures and requirements for save rental housing to promote public safety; and
WHEREAS, the City of Ithaca has a significant tenant population ; and
WHEREAS, all rental dwellings must hold a valid certificate of compliance as required in
section 210-43; and
WHEREAS, the city of Ithaca recognizes and affirms that obtaining a certificate of
compliance for a rental dwelling helps to ensure the health and safety of tenants in the
city; and
WHEREAS, it is incumbent upon each property owner of a rental dwelling to first obtain
and then periodically renew their certificate of compliance; and
WHEREAS, the presumption proposed will aid in the enforcement of the requirement of
renewing certificates of compliance; and
WHEREAS, the City Attorney’s Office and the Building Division have proposed
recommendations to Common Council to add a provision for a presumption of rental
status; now, therefore
ORDINANCE 2019-___
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as
follows:
Section 1. Findings of Fact. The Common Council finds that the safety of the public
will be better served by requiring rental dwellings to renew expired certificates of
compliance, and to enforce that requirement.
Section 2. Section 210-43(A) shall be amended to read as follows:
Certificate of Compliance
A. …
(3) Any rental dwelling that has obtained a valid certificate of compliance
shall be presumed to continue being a rental dwelling or rental unit
thereafter, regardless of the expiration of the certificate of compliance or
until such time that the owner provides a written statement to the Building
Division that the dwelling or unit is no longer rented and it is inspected by
the Building Division to confirm that it is no longer rented.
Section 3. Severability. Severability is intended throughout and within the provisions of
this Ordinance. If any section, subsection, sentence, clause, phrase, or portion of this
Ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction,
then that decision shall not affect the validity of the remaining portions of this Ordin ance.
Section 4. Effective Date. This ordinance shall take effect immediately upon
publication as provided for in the City Charter.
Carried Unanimously
March 6, 2019
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10.5 An Ordinance to Amend Chapter 325 of the City of Ithaca Municipal Code
entitled “Zoning”, Section 325-3 entitled “Definitions”, Section 325-3(B) related to
the Definition of “Occupant”
Alderperson Murtagh: Seconded by Alderperson Smith
WHEREAS, Chapter 325-3 of the City of Ithaca Municipal Code defines occupant for
the purposes of determining compliance with zoning rules and regulations throughout
the City, and this definition has been found to be ambiguous as to what constitutes an
occupant, and
WHEREAS, the primary purpose of the statute is to ensure safe living standards for
each Ithaca resident, and secondarily to protect the quality of Ithaca neighborhoods ,
and
WHEREAS, the City of Ithaca recognizes and affirms that safely occupied residences
are a priority for the city as a matter of protecting our residents’ safety; and safety of the
residences within the city, and
WHEREAS, the Common Council desires to clarify the penalty in this chapter to remove
any ambiguity in what constitutes an occupant for compliance and violation of the
provisions of this chapter, and thereby meet the legislative intent, and
WHEREAS, the City Attorney’s Office has proposed recommendations to Common
Council to define occupant in this chapter; now, therefore
ORDINANCE 2019-___
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as
follows:
Section 1. Findings of Fact. The Common Council finds that the safety of the public will
be better served by clarifying the definition of occupant in this chapter.
Section 2. Section 325-3(B) shall be amended to read as follows:
OCCUPANT
In R-2c Zones only, a person that is permitted to occupy a dwelling unit or building in an
R-2c Zone.
(1) [The number of such occupants that are permitted to legally occupy a dwelling
unit or building is based on the amount of habitab le space in the dwelling unit or building
and on the basis of lot size. The minimum amounts of habitable space that are required
for occupancy by one or more persons are as follows:]
(1) For the purposes of determining the number of occupants for all provisions of
this chapter, an occupant is defined as person that has the right to occupy a
dwelling unit or building notwithstanding actual occupation. Such a right to
occupy may be demonstrated by any one of the following:
(a) payment of rent;
(b) being a lessee;
(c) having permission of the owner to occupy a dwelling unit or
building;
(d) other evidence of a right to occupy
[(a) In R-2c dwelling units, the maximum number of occupants shall be limited to the
number determined on the basis of lot size and on the basis of the floor areas of
habitable space, other than kitchens, as shown in the following table:]
(a) The number of such occupants that are permitted to legally occupy a dwelling
unit or building is based on the amount of habitable space in the dwelling unit or
March 6, 2019
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building and on the basis of lot size. The minimum amounts of habitable space
that are required for occupancy by one or more persons are as follows:
Section 3. Severability. Severability is intended throughout and within the provisions of
this Ordinance. If any section, subsection, sentence, clause, phrase, or portion of this
Ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction,
then that decision shall not affect the validity of the remaining portions of this Ordinance.
Section 4. Effective Date. This ordinance shall take effect immediately upon
publication as provided for in the City Charter.
Alderperson Brock asked for clarification as to whether the definition of “occupant”
applied only to the R2C zone or all the zoning districts. Assistant City Attorney in
charge of Prosecution Sarachan responded that the definition would apply to the entire
Zoning Chapter.
A vote on the Ordinance resulted as follows:
Carried Unanimously
10.6 An Ordinance to Amend Chapter 325 of the City of Ithaca Municipal Code
entitled “Zoning”, Section 325-47 entitled “Penalties for Offenses”
By Alderperson Murtagh: Seconded by Alderperson Kerslick
WHEREAS, Chapter 325-47 of the City of Ithaca Municipal Code establishes the
penalties for offenses for over-occupancy violations throughout the City, and the city
code provision providing for penalties has been found to be ambiguous as to whether
there is a penalty for each occupant over the limit per day or just one overall penalty per
day; and
WHEREAS, the city court has found the penalty for over-occupancy violations to be
applied for each additional occupant over the permitted number, as each additional
occupant places an additional burden on the residence and neighborhood; and
WHEREAS, the primary purpose of the statute is to ensure safe living standards for
each Ithaca resident, and secondarily to protect the quality of Ithaca neighborhoods;
and
WHEREAS, the city of Ithaca recognizes and affirms that safely occupied residences
are a priority for the city as a matter of protecting our resident’s safety and safety of the
residences within the city; and
WHEREAS, the Common Council desires to clarify the penalty in this chapter to rem ove
any ambiguity that the penalty applies per occupant in violation of this chapter, and
thereby meet the legislative intent; and
WHEREAS, the City Attorney’s Office has proposed recommendations to Common
Council to add that the penalty for over-occupancy applies per occupant in violation of
this chapter; now therefore
ORDINANCE 2019-____
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as
follows:
Section 1. Findings of Fact. The Common Council finds that the safety of the public
will be better served by clarifying the penalty applicable to violations of this chapter.
Section 2. Section 325-47 shall be amended to read as follows:
Penalties for offenses.
A. If a property is in violation of any provision of this chapter, the owner of the property
shall be guilty of an offense. In addition, any other person who shall violate any
provision of this chapter shall be guilty of an offense. Each day's continued violation
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12
constitutes a separate offense unless otherwise provided herein. For any violation of
over-occupancy provisions herein, each additional occupant over the maximum
shall constitute a separate offense.
Section 3. Severability. Severability is intended throughout and within the provisions of
this Ordinance. If any section, subsection, sentence, clause, phrase, or portion of this
Ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction,
then that decision shall not affect the validity of the remaining portions of this Ordinance.
Section 4. Effective Date. This ordinance shall take effect immediately upon
publication as provided for in the City Charter.
Carried Unanimously
10.7 An Ordinance to Amend Chapter 146 of the City of Ithaca Municipal Code
entitled “Building Code Enforcement”, Section 146-9 entitled “Identification and
Notification”
By Alderperson Murtagh: Seconded by Alderperson Brock
WHEREAS, Section 146-9 of the City of Ithaca Municipal Code establishes the
procedure for having the Director of Planning or designee to declare a building unsafe ;
and
WHEREAS, there is no penalty for a property owner to continuing permitting occupancy
from a tenant in a building that has been declared unsafe; and
WHEREAS, there is no penalty for a property owner to continue collecting rent from a
tenant in a building that has been declared unsafe ; and
WHEREAS, the primary purpose of the statute is to ensure safe living standards for
each Ithaca resident; and
WHEREAS, the city of Ithaca recognizes and affirms that occupation of a building that
has been declared unsafe risked the health and safety of our residents within the city;
and
WHEREAS, the Common Council desires to impose a penalty for any property owner
who permits a risk to the safety of any city resident by permitting occupation of a
building that has been declared unsafe, and thereby meet the legislative intent ; and
WHEREAS, the City Attorney’s Office has proposed recommendations to Com mon
Council to add a penalty for permitting occupancy of any building that has been
declared unsafe as defined in this chapter; now, therefore
ORDINANCE 2019-____
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as
follows:
Section 1. Findings of Fact. The Common Council finds that the safety of the public
will be better served by enacting a penalty applicable to violations of this chapter.
Section 2. Section 146-9 shall be amended so as to add at the end thereof paragraphs
“O” and “P” as follows:
Identification and notification.
O. Once a building has been deemed unsafe, the property owner shall prevent
any person access to or the right to reside in such a building, whether or not for
consideration. Once a building has been deemed unsafe, the property owner
shall prevent any access inside the building except for purposes related to repair
or demolition of the building, except with the written permission of the Director of
Planning and Development or designee. The property owner shall be presumed
to be aware of access to or occupancy of the building. Violations of this section
March 6, 2019
13
shall be subject to the penalty provided for failure to comply with a written order
of the Director of Planning and Development in § 146-50 herein.
P. After a building has been declared unsafe by the Director of Planning and
Development, renting to any tenant is prohibited. Any person, including property
owner, landlord, or property manager who rents to a tenant any part of an unsafe
building shall be guilty of a misdemeanor and, on conviction thereof, shall be
fined in an amount not to exceed $500, and not less than $250 for each violation,
or imprisonment of not more than 30 days, or both. Each day of rental shall be
deemed a separate violation. It shall be a separate violation for each tenant to
whom any person is renting any part of an unsafe building.
Section 3. Severability. Severability is intended throughout and within the provisions of
this Ordinance. If any section, subsection, sentence, clause, phrase, or portion of this
Ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction,
then that decision shall not affect the validity of the remaining portions of this Ordinance.
Section 4. Effective Date. This ordinance shall take effect immediately upon
publication as provided for in the City Charter.
Carried Unanimously
10.8 An Ordinance to Amend Chapter 258 of the City of Ithaca Municipal Code
entitled “Rental Housing”, to add Article III entitled “Displaced Tenants”
By Alderperson Murtagh: Seconded by Alderperson Smith
WHEREAS, Chapter 258 of the City of Ithaca Municipal Code establishes procedures
for equitable landlord-tenant relations, and;
WHEREAS, the City of Ithaca has a significant tenant population, and;
WHEREAS, there are circumstances where tenants must vacate premises which have
been leased through no fault of the tenant due to zoning violations committed by the
landlord, and;
WHEREAS, there are circumstances where tenants must vacate premises which have
been leased because the property has been declared unsafe for occupancy due to
failure of the landlord to provide proper housing conditions, and;
WHEREAS, the city of Ithaca recognizes and affirms that occupation of a building that
has been declared unsafe risked the health and safety of our residents and visitors
within the city, and;
WHEREAS, when a tenant is forced to vacate a premises during a lease term, the
tenant suffers hardships that are difficult to value, including but not limited to stress,
finding alternative housing; making arrangements to moving belongings to new housing
and the costs thereof; logistics of having to transfer other housing facets such as a new
mailing address, phone, cable, utilities, parking, and transportation; costs that are
difficult to value; and
WHEREAS, when a tenant is forced to vacate premises during a lease term, the tenant
needs to find alternative housing immediately, and the alternative housing is often less
convenient to work, less convenient to school, may require additional transportation
costs, and may require the tenant to leave roommates and neighbors who are friends;
costs that are difficult to value; and
WHEREAS, when a tenant is forced to vacate premises during a l ease term, the tenant
incurs expenses that are difficult to calculate and predict, such as having to pay above -
market rent to find alternative housing under time -pressure and having to pay for short-
term housing; and
WHEREAS, when a tenant is forced to vacate premises during a lease term, the tenant
has to devote an undeterminable amount of time under pressure and stress to
immediately find alternative housing and make all other arrangements besides those
March 6, 2019
14
noted above that are necessary to compete the move as quickly as possible, which are
is difficult to value; and
WHEREAS, when seeking a financial remedy in a circumstance where the damages to
the aggrieved party are difficult to value, liquidated damages make the remedy easier to
calculate, and obtain, and are appropriate; and
WHEREAS, the Common Council desires to impose a remedy for tenants who are
displaced due to violations of the housing code, of the zoning rules, and/or other
violations of city, state or national codes, rules, and regulations durin g a lease term; and
WHEREAS, the City Attorney’s Office and the Building Division have proposed
recommendations to Common Council to add a provision for alternative housing for
displaced tenants; now therefore
ORDINANCE 2019-___
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as
follows:
Section 1. Findings of Fact. The Common Council finds that the safety and welfare of
the public will be better served by enacting a provision for a landlord to compensate
tenants who are displaced from their leased premises due to violations of housing code
and/or violations of zoning rules, and that the costs to such displaced tenants are
significant and difficult to calculate in full.
Section 2. Chapter 258 shall be amended to add Article III which will read as follows:
§258-12 Definitions
Displaced Tenants
A tenant, as defined in this chapter, who cannot occupy the premises that the
tenant is entitled to occupy due to the landlord’s failure to adhere to any
applicable provision, statute, rule or regulation relating to the rental unit,
including but not limited to the New York State Uniform Fire Prevention and
Building Code, and Chapters 210 and 325 of the Ithaca City Code. For the
purposes of this chapter, a tenant’s entitlement to occupy is any non-gratuitous
agreement with a landlord to occupy premises, regardless of whether the
agreement violates a code, statute or regulation.
§258-13 Landlord’s Obligation
The landlord is responsible to every displaced tenant for an amount of liquidated
damages which amount to double the monthly rent, pro-rated for every day of
displacement, including the day the tenant vacates, until the expiration date of
the tenant’s lease term or until all deficiencies have been corrected and inspected
by the Building Division and the Building Division has determined that the rental
unit is suitable for occupancy, whichever date comes first.
Section 3. Severability. Severability is intended throughout and within the provisions of
this Ordinance. If any section, subsection, sentence, clause, phrase, or portion of this
Ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction,
then that decision shall not affect the validity of the remaining portions of this Ordinance.
Section 4. Effective Date. This ordinance shall take effect immediately upon
publication as provided for in the City Charter.
Discussion followed on the floor regarding a landlord’s obligation to displaced tenants.
Alderperson Smith noted some of the history behind the legislation that involved two
incidents that occurred in Collegetown.
March 6, 2019
15
Alderperson Brock expressed gratitude to Assistant City Attorney Sarachan for his good
work on this legislation and for presenting it to Common Council as a complete
package. Alderperson Kerslick echoed those comments noting that it is a good body of
work that corrects some of the loopholes that existed in the legislation under rare but
egregious situations. He further commented on the amount of new housing stock
available in the Collegetown area.
A vote on the Ordinance resulted as follows:
Carried Unanimously
10.9 A Resolution Supporting the Reduction of the City-wide Default Speed
Limit From 30 Miles Per Hour to 25 Miles Per Hour
Alderperson Murtagh: Seconded by Alderperson Brock
WHEREAS, the observed speeds that citizens report as feeling unsafe in their
communities has been shown to be less than 30 miles per hour through speed
evaluations; and
WHEREAS, Federal Highway Administration methodologies recommend speed limits of
25 miles per hour and under on the type of roadways common in the City of Ithaca ; and
WHEREAS, a study by the Insurance Institute for Highway Safety demonstrated that a
City-wide speed limit reduction in Boston from 30 miles per hour to 25 miles per hour
resulted in lower speeds, especially in excess of 35 miles per hour; and
WHEREAS, reduced speeds minimize stopping distance of vehicles and the likelihood
of injury or fatality as a result of a collision with a pedestrian ; and
WHEREAS, reduced speeds narrow the difference in opera ting speeds of vehicles and
bicycles, which can improve safety for these vulnerable users of the roadway network;
and
WHEREAS, lower speeds provide greater flexibility in roadway design ; and
WHEREAS, a reduction in speed from 30 miles per hour to 25 miles per hour
represents an increase in travel time of only 24 seconds per mile under free flow
conditions; and
WHEREAS, the State Vehicle and Traffic Law Section 1643 prohibits cities and villages
from establishing area-wide speed limits below 30 miles per hour and also prohibits
establishing any speed limit under 25 miles per hour on any roadway (except school
zones); and
WHEREAS, in some cases, this law prevents the City from establishing appropriate
speed limits based on accepted engineering practice s; now, therefore be it
RESOLVED, That the City of Ithaca hereby requests that the State of New York amend
Vehicle and Traffic Law Title 8, Article 38, Section 1643 to allow all communities to
establish a city-wide speed limit as low as 25 miles per hour. Further, on roadways
where established FHWA methodologies for establishing speed limits recommend
speed limits lower than 25 miles per hour, cities and villages should be permitted to post
speed limits lower than 25 miles per hour, and be it further
RESOLVED, That certified copies of this Resolution be sent to Assemblywoman
Barbara Lifton, Senator Thomas O’Mara, and Governor Andrew Cuomo.
Alderperson McGonigal voiced his support for this Resolution and suggested that the
City team up with other upstate cities to build momentum. Alderperson Gearhart also
voiced his support and asked what the confidence level was that this initiative would be
successful. Transportation Engineer Hathaway responded that he was uncertain at this
time; however, he has been setting up meetings with transportation managers from
other Metropolitan Planning Organizations and municipalities in our region. He
March 6, 2019
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recommended this approach before trying to implement speed limits on a street by
street basis.
Further discussion followed on the floor about plans to synchronize traffic signals to
coordinate vehicle stops/starts if this initiative is implemented and lowering speed limits
only in certain areas. The question was raised as to whether this would apply to New
York State routes within the City. Transportation Engineer Hathaway noted that the
State seems to be open to considering a lower speed limit for state routes; however, it
wouldn’t happen automatically.
A vote on the Resolution resulted as follows:
Carried Unanimously
10.10 A Resolution Supporting the City of Ithaca’s Vision Zero Plan to Eliminate
All Traffic-Related Fatalities and Serious Injuries
Alderperson Murtagh: Seconded by Alderperson Kerslick
WHEREAS, traffic crashes are among the leading cause of death and injury within the
United States; and
WHEREAS, traffic crashes are the leading cause of injury related death, second leading
cause of injury related hospitalizations and third leading cause for injury related
emergency department visits in New York State. On average, three New Yorkers die
every day due to a traffic-related crash. The combined hospitalization and emergency
department charges average $1.1 billion, annually; and
WHEREAS, from 2008 to 2017 the City of Ithaca had a total of 182 serious injury
crashes including 5 fatalities; and
WHEREAS, the City is hereby recognizing that these crash statistics are not acceptable
for citizens, commuters, and tourists who live, work and play in the City of Ithaca; and
WHEREAS, death and injury on our streets is unacceptable and many serious crashes
are preventable; and
WHEREAS, traffic deaths and serious injuries in the United States have
disproportionately impacted pedestrians, cyclists, people of color, low-income
households, older adults and youth, people with disabilities, and households with limited
vehicle access; and
WHEREAS, the City will hereby commit to decreasing these crash statistics by
endorsing Vision Zero, which is a safe systems approach and strategy to eliminate all
traffic fatalities and severe injuries, while increasing safe, healthy, equitable mobility for
all; and
WHEREAS, the City of Ithaca will create a Vision Zero action plan that focuses on
safety as a primary objective in designing transportation projects; now, therefore be it
RESOLVED, That the City of Ithaca hereby adopts a goal of eliminating traffic deaths
and serious injuries; and endorses Vision Zero as a comprehensive and collaborative
approach that involves several City departments in order to achieve this goal; and, be it
further
RESOLVED, That the Common Council directs The Department of Public Works and
the Ithaca Police Department to create and pursue a Vision Zero Action Plan for future
consideration by the Common Council, based upon a c omprehensive analysis of traffic
deaths and injuries in the City of Ithaca; and, be it further
RESOLVED, That Common Council directs the Transportation Engineer to oversee the
Vision Zero Action Plan to addresses traffic deaths and serious injuries through a
collaborative combination of engineering, enforcement, education, and evaluation, with
public engagement and other stakeholders.
March 6, 2019
17
Discussion followed on the floor regarding the goals of this International movement.
A vote on the Resolution resulted as follows:
Carried Unanimously
Alderperson Murtagh reported that the following topics would be discussed at next
week’s Planning and Economic Development Committee meeting:
E-Scooters
Tompkins County’s presentation on the purchase of the Tioga Str eet and
Sears Street properties.
Alderperson Mohlenhoff expressed her appreciation to the members of the Mobility,
Accessibility, and Transportation Commission for their excellent report on e-scooters.
She noted that this was the type of work that Council envisioned for the Commissions.
MAYOR’S APPOINTMENTS:
14.1 Appointment to Ithaca Housing Authority Board – Resolution
By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick
RESOLVED, That Christine Barksdale be appointed to the Ithaca Housing Authority
Board to fill a vacancy with a term to expire October 17, 2023 , and, be it further
14.2 Reappointments to Planning and Development Board – Resolution
RESOLVED, That Robert Aaron Lewis be reappointed to the Planning and
Development Board with a term to expire December 31, 2021, and, be it further
RESOLVED, That Matthew F. Johnston be reappointed to the Planning and
Development Board with a term to expire December 31, 2021, and, be it further
RESOLVED, That Garrick Blalock be reappointed to the Planning and Development
Board with a term to expire December 31, 2021 , and, be it further
14.3 Appointment to Workforce Diversity Advisory Committee – Resolution
RESOLVED, That Belissa Gonzalez be appointed to the Workforce Diversity Ad visory
Committee to fill a vacancy with a term to expire December 31, 2021 , and, be it further
14.4 Reappointment to Ithaca Landmarks Preservation Commission –
Resolution
RESOLVED, That Susan Stein be reappointed to the Ithaca Landmarks Preservation
Commission with a term to expire December 31, 2021; and, be it further
RESOLVED, That Nancy Brcak be reappointed to the Ithaca Landmarks Preservation
Commission as an alternate member with a term to expire December 31, 2021 , and, be
it further
14.5 Reappointments to the Board of Public Works – Resolution
RESOLVED, That Jonathan Greene be reappointed to the Board of Public Works with a
term to expire December 31, 2019, and, be it further
RESOLVED, That Claudia Jenkins be reappointed to the Board of Public Works with a
term to expire December 31, 2020, and, be it further
RESOLVED, That David Warden be reappointed to the Board of Public Works with a
term to expire December 31, 2020, and, be it further
RESOLVED, That Marshall McCormick be reappointed to the Board of Public Works
with a term to expire December 31, 2021, and, be it further
RESOLVED, That Garrick Blalock be reappointed to the Board of Public Works with a
term to expire December 31, 2021.
Carried Unanimously
Alderperson Nguyen thanked everyone for their dedicated service to the City.
March 6, 2019
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REPORT OF CITY ATTORNEY:
City Attorney Lavine reported on the Ithaca Properties vs. City of Ithaca suit which
involved the Rothchild Building under Green Street Garage. The claim was that the City
violated the terms of the longstanding agreement as it pertained to the maintenance of
the Green Street Garage and the retail space under the Rothchild building. The suit
was fully dismissed by Court decision. He noted that it is possible that the plaintiff will
appeal but he feels confident in the City’s position.
MINUTES FROM PREVIOUS MEETINGS:
Approval of the February 6, 2019 Common Council Meeting Minutes - Resolution
By Alderperson Kerslick: Seconded by Alderperson Brock
RESOLVED, That the minutes of the February 6, 2019 Common Council Meeting be
approved as published.
Carried Unanimously
EXECUTIVE SESSION:
A Motion to Enter into Executive Session to Discuss Possible Acquisition of
Property
By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick
RESOLVED, That Common Council enter into Executive Session to discuss the
possible acquisition of property.
Carried Unanimously
RECONVENE:
Common Council reconvened into Regular Session with no formal action taken.
A Motion to Enter into Executive Session to Discuss Pending Litigation
By Alderperson Smith: Seconded by Alderperson Nguyen
RESOLVED, That Common Council enter into Executive Session to discuss pending
litigation.
Carried Unanimously
ADJOURNMENT:
On a motion the meeting adjourned at 8:45 p.m.
______________________________ _______________________________
Julie Conley Holcomb, CMC Svante L. Myrick
City Clerk Mayor