HomeMy WebLinkAboutMN-CC-2019-05-01COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 6:00 p.m. May 1, 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
Building - Planning & Development Director – Cornish
PLEDGE OF ALLEGIANCE:
Mayor Myrick led all present in the Pledge of Allegiance to the American Flag.
Mayor Myrick announced that the City is now providing free child care in the Second
Floor Conference Room of City Hall between 5:45 pm – 8:15 pm for Common Council
meetings and the Monday night meetings of the four Commissions.
ADDITIONS TO OR DELETIONS FROM THE AGENDA:
Consent Agenda:
Mayor Myrick requested the addition of Item 8.4A – Ithaca Ale House Alcohol Permit
Request - Resolution to the agenda.
No Council member objected.
New Business:
Alderperson Kerslick requested the addition of Item 12.1 - 2019 Gorge Safety Funding –
Resolution to the agenda.
No Council member objected.
Member-Filed Resolutions:
Alderperson Brock requested the deletion of Item 13.2 - Resolution Supporting
Universal Rent Stabilization and Control.
No Council member objected.
PROCLAMATIONS/AWARDS:
Mayor Myrick proclaimed May 8, 2019, as School Nurses Day in the City of Ithaca.
Mayor Myrick further proclaimed the month of May 2019 as Stroke Awareness Month in
the City of Ithaca.
SPECIAL PRESENTATIONS BEFORE COUNCIL:
5.1 Reports of Municipal Officials
Henry Granison, Tompkins County Legislator – District 3, reported on the following:
Tompkins County has purchased the N. Tioga Street property slated for County
office space
The Tompkins County Legislature held a budget retreat on April 30th and set the
figures for their anticipated budget
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5.2 Friends of the Ithaca City Cemetery
Christine O’Malley, Historic Ithaca, and City Forester Jeanne Grace presented
information regarding the Ithaca City Cemetery. Features of the presentation included:
The history of the City Cemetery
Problems with the cemetery today
o Toppled and broken gravestones
o Monuments and gravestones in need of cleaning
o Tree growth, erosion, and wall damage
o Uneven road services and damaged burial vaults
Events that occur in the cemetery
o Signage Project
o City Cemetery Sprint
o Replacement markers for veterans
o Educational Programs
o Cemetery clean-up days
Friends of the Ithaca City Cemetery Requests
o Continue funding a budget line for cemetery maintenance and consider
capital project funding for larger projects such as vault restorations
o Consider designating the cemetery as a park as it may qualify for
additional sources of funding for maintenance and improvements
o Promote more recognition and engagement with the cemetery through
improved signage and projects that offer more curb appeal
Mayor Myrick complimented the Friends of the Ithaca City Cemetery for the amazing
work they have done to date and stated that he recognizes the need for additional
investment in the cemetery.
PETITIONS AND HE ARINGS OF PERSONS BEFORE COUNCIL:
The following people addressed Common Council:
Chris Bobrowich, NAMI Finger Lakes thanked Council for their 2018 Proclamation of
Mental Health Awareness month and for their support of the Ithaca Wellness and
Recovery Court.
David Foote, Town of Ithaca, shared a May Day statement that included demands for
workers justice, affordable housing, living wage increases, healthcare coverage, and
more.
Theresa Alt, City of Ithaca, voiced her support for the proposed rent stabilization
legislation.
Sophie Zapala, Town of Ithaca, addressed concerns regarding workers rights, the
affordable housing crisis, healthcare, and solidarity with all marginalized people.
Karla Terry, Village of Cayuga Heights, voiced her concern regarding the proposed rent
stabilization legislation as a local landlord.
Robert Terry, City of Ithaca, voiced his opposition regarding the proposed rent
stabilization legislation and detailed many of the costs that local landlords face.
Fay Gougakis, City of Ithaca, voiced her concern regarding the deployment of Lime
Bikes in the City and the fact that the operation of e-bikes is not currently legal in New
York State.
Carolyn Beeman, Town of Ithaca, voiced her concerns regarding the proposed rent
stabilization legislation, noting that the City has made great efforts to bring more
housing to Ithaca which will bring rents down.
Barbara Anger, City of Ithaca, voiced concerns regarding the proposed rent stabilization
legislation and its application to older buildings with fewer units while large complexes
that receive tax abatements are not included.
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Mary Shelley, City of Ithaca voiced her concerns about the proposed rent control
legislation noting that the additional rental units in the City are starting to lower rents.
PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR:
Alderperson Brock thanked the speakers for sharing their thoughts and responded to
comments made regarding the proposed rent stabilization legislation. She noted that
the legislation was withdrawn from the agenda so more information could be obtained,
and further discussion could be held at next week’s Planning & Economic Development
Committee meeting. She explained that the legislation’s intent is to encourage New
York State to apply the rent stabilization protections afforded in the Tenant Protection
Act to all residents of New York State. The Tenant Protect Act is currently restricted to
downstate New York and pertains to dwellings that were built before 1974 with six or
more units. She noted that Ithaca does not have many housing units that would be
impacted by this Act, but other municipalities in New York do. The other purpose of the
legislation was to implement the Good Cause Bill. This Bill is designed to provide a
sense of comfort to tenants who follow the terms of their lease agreements by ensurin g
that their leases will be renewed with “reasonable” rent increases. The term reasonable
is defined as the regional Consumer Price Index x 1.5% + 1% or under. If tenants
violate the terms of their lease, the landlord could terminate the lease. She noted that
while more housing units are coming on line and it may be impacting rents, Ithaca has
some of the highest rents in upstate New York and many people are paying between
33-50% of their income on housing. This legislation is proposing rent stabilization not
rent control.
Alderperson McGonigal expressed his appreciation for the school nurses in the Ithaca
City School District and noted that not all schools across the country are fortunate
enough to have school nurses. He further thanked Ms. O’Malley and City Forester
Grace for the presentation on the cemetery.
Alderperson Murtagh thanked the speakers for providing feedback on the proposed rent
stabilization legislation and apologized for not bringing it through a committee for a more
thorough conversation. He voiced concern regarding the potential for an unintended
consequence of increased evictions and acknowledged that the legislation needs
additional vetting. He stated that he supports the spirit of legislation which is home
affordability. He further reported that there would be a public hearing next week at the
Planning & Economic Development Committee on Lime Bikes and E-Scooters. He
noted that E-Bike/E-Scooter legislation is pending in the New York State Legislature.
Alderperson Kerslick addressed comments made about the proposed rent stabilization
legislation noting that he appreciates having it removed from the agenda pending further
consideration. He noted that the housing/rental market is changing and that is
encouraging people to look at this business from a different perspective. He further
responded to comments made about Lime Bikes stressing the challenges of balancing
the potential benefits of alternate transportation modes with pedestrian safety.
CONSENT AGENDA ITEMS:
Superintendent of Public Works:
8.1 Kilpatrick’s Publick House Restaurant Alcohol Permit Request – Resolution
By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick
WHEREAS, the Superintendent of Public Works has received a request to allow
Kilpatrick’s restaurant to utilize certain areas along North Tioga 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
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WHEREAS, Common Council has determined that the use of this public property for
outdoor dining at Kilpatrick’s Publick House Restaurant, including the responsible sale
and consumption of alcohol, is desirable; and
WHEREAS, Common Council has determined that any use of this or similar public
property involving the same and consumption of alcohol should be covered by a
minimum of $1,000,000 insurance under the Dram Shop Act; now, therefore be it
RESOLVED, For the year 2019, Common Council hereby approves a revocab le
Alcoholic Beverage Permit for the outdoor sale and consumption of alcohol for
Kilpatrick’s Publick House 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
8.2 Le Café Cent-Dix Alcohol Permit Request - Resolution
By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick
WHEREAS, the Superintendent of Public Works has received a request to allow Le
Café Cent-Dix 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 Le Café Cent-Dix, including the responsible sale and consumption of
alcohol, is desirable; and
WHEREAS, Common Council has determined that any use of this or similar public
property involving the same and consumption of alcohol should be covered by a
minimum of $1,000,000 insurance under the Dram Shop Act; now, therefore be it
RESOLVED, For the year 2019, Common Council hereby approves a revocable
Alcoholic Beverage Permit for the outdoor sale and consumption of alcohol for Le Café
Cent-Dix 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
8.3 Mercato Bar and Kitchen Restaurant Alcohol Permit Request - Resolution
By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick
WHEREAS, the Superintendent of Public Works has received a request to allow
Mercato Bar and Kitchen Restaurant 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 Mercato Bar and Kitchen Restaurant, including the responsible sale
and consumption of alcohol, is desirable; and
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WHEREAS, Common Council has determined that any use of this or similar public
property involving the same and consumption of alcohol should be covered by a
minimum of $1,000,000 insurance under the Dram Shop Act; now, therefore be it
RESOLVED, For the year 2019, Common Council hereby approves a revocable
Alcoholic Beverage Permit for the outdoor sale and consumption of alcohol for Mercato
Bar and Kitchen 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
8.4 Simeon’s American Bistro Alcohol Permit Request - Resolution
By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick
WHEREAS, the Superintendent of Public Works has received a request to allow
Simeon’s American Bistro Restaurant to utilize certain areas along North Aurora Street
and the Ithaca Commons for outdoor dining; and
WHEREAS, since 1987 the City of Ithaca has issued a license to Simeon's
American Bistro Restaurant allowing that restaurant to utilize certain areas along North
Aurora Street and on the Ithaca Commons for outdoor dining; and
WHEREAS, this use of public property has generally been deemed proper and
successful; and
WHEREAS, the City of Ithaca wishes to promote diverse uses of the Ithaca 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 Ithaca Commons; and
WHEREAS, Common Council has determined that the use of this public property for
outdoor dining at Simeon's American Bistro Restaurant, including the responsible sale
and consumption of alcohol, is desirable; and
WHEREAS, Common Council has determined that any use of this or similar public
property involving the same and consumption of alcohol should be covered by a
minimum of $1,000,000 insurance under the Dram Shop Act; now, therefore be it
RESOLVED, For the year 2019, Common Council hereby approves a revocable
Alcoholic Beverage Permit for the outdoor sale and consumption of alcohol for Simeon's
American Restaurant that includes the sale of alcohol in accordance with the terms and
conditions set forth in the application therefore, including minimum Dram Shop
coverage in the amount of $1,000,000 and the approval of an outdoor dining permit.
Carried Unanimously
8.4A Ithaca Ale House Alcohol Permit Request - Resolution
By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick
WHEREAS, the Ithaca Ale House has requested permission 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 Ithaca Ale House, including the responsible sale and consumption
of alcohol, is desirable; and
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WHEREAS, Common Council has determined that any use of this or similar public
property involving the same and consumption of alcohol should be covered by a
minimum of $1,000,000 insurance under the Dram Shop Act; now, therefore be it
RESOLVED, For the year 2019, Common Council hereby approves a revocable
Alcoholic Beverage Permit for the outdoor sale and consumption of alcohol for the
Ithaca Ale House 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
City Administration Committee:
8.5 Finance – City Chamberlain – Request to Waive Penalty on Taxes -
Resolution
By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick
WHEREAS, the owner of property at 208 Kline Rd, tax map #6.-1-2.1 presented check
#1569 in the amount of $4,529.28 on January 4, 2019, for payment of the County taxes
on the property; and
WHEREAS, the check was $20.00 short of the $4,549.28 payment in full as is required;
and
WHEREAS, the City Chamberlain’s Office attempted to call the writer of the check by
using the telephone number on the check to inform him of the discrepancy; and
WHEREAS, the noted telephone number was not a working number; and
WHEREAS, the City Chamberlain therefore returned check #1569 on January 4, 2019,
informing the owner that it was short and requesting submission of the correct amount;
and
WHEREAS, upon receiving a notice of unpaid taxes in March 2019, the owner called to
dispute the return of the original check and the accrued late penalties and fees but
ultimately sent a second check on March 26, 2019 in the amount of $4,642.27 which
included late penalties and notice fees due at that time; and
WHEREAS, this second check including March 2019, penalties and fees, has been
received and posted by the Chamberlain’s Office; and
WHEREAS, the owner has requested the late penalties and fees be refunded, eve n
though he admits he shorted payment in January; and
WHEREAS, refunding the late penalties needs Common Council approval; now,
therefore be it
RESOLVED, That the request to waive and refund penalty and fees on the 2019
Tompkins County Taxes for 208 Kline Rd, in the amount of $92.99, be hereby
approved.
Carried Unanimously
8.6 Youth Bureau – Amendment to 2019 Budget - Resolution
By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick
WHEREAS, The Ithaca Youth Bureau applied for and received a Tompkins County
Tourism Grant for Ithaca Bike Rental (IBR); and
WHEREAS, the money will be used to purchase adaptive bikes for use by community
members and visitors and a storage unit for the bikes; and
WHEREAS, IBR has grown into a very successful program that provides summer youth
employment to local teens, bikes to community programs, and rentals to visitors and
community members to explore, enjoy and experience the Waterfront and Black
Diamond Trails; now, therefore be it
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RESOLVED, That the Ithaca Youth Bureau 2019 budget be amended as follows:
Increase Expenses:
A7310-5460-01203 Program Supply $10,475
Increase Revenues:
A7310-2070-01203 Donations $10,475
Carried Unanimously
8.7 Cable Access Oversight Committee (AOC) - Recommendations for 2020
Budget - Resolution
By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick
WHEREAS, Section 15.12 of the Franchise Agreement of January 2003 between the
City of Ithaca and the franchisee Time Warner Entertainment -Advance/Newhouse
Partnership (TWC), subsequently assigned to Charter Communications, Inc. (d/b/a
Spectrum Networks) after Charter's 2016 acquisition of TWC, requires the participating
municipalities (City of Ithaca, Town of Ithaca, Village of Cayuga Heights) to provide the
franchisee with an annual written budget for Public, Educational and Governmental
access operations (PEG) by June 30 of each calendar year; and
WHEREAS, the City of Ithaca's Ordinance #2003-17, Par 18-4-G, requires the Cable
Access Oversight Committee (AOC) to provide the Participating Municipalities with a
recommended annual budget by May 31 of each calendar year; and
WHEREAS, in 2017 it was resolved not to use the 2018 Budget funds but have them
become part of the 2018 Budget; and
WHEREAS, in 2018 it was resolved not to use the 2019 Budget funds but have them
become part of the 2020 Budget except for a contingency of $5,000.00; and
WHEREAS, the AOC has reviewed PEG’s current equipment and anticipates that only a
limited amount of new or replacement equipment will be needed; and
WHEREAS, the AOC anticipates the replacement of computers and the current
playback system in the next few years; and
WHEREAS, such purchases would exceed the available funds of one budget year; and
WHEREAS, at their regular meeting on April 2, 2019 the AOC recommended
earmarking up to $10,000.00 as contingency to purchase equipment as needed for the
functioning of PEG operations, and to let the remaining 2018, 2019 and 2020 Budget
funds accumulate and become part of the 2021 Budget; now, therefore be it
RESOLVED, That the Common Council of the City of Ithaca accepts the AOC
recommended budget for Spectrum TV’s 2020 annual budget for Public, Educational
and Governmental access operations.
Carried Unanimously
8.8 Youth Bureau - Amendment to Revocable License for Use of City Real
Property between Ithaca Babe Ruth and the City of Ithaca - Resolution
By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick
WHEREAS, Ithaca Babe Ruth utilizes Union Field 8 at Cass Park to operate the Cal
Ripken Youth Baseball program and currently licenses from the City certain storage
spaces to support its public recreational activities in accordance with a revocable
license agreement approved by Common Council on June 1, 2016; and
WHEREAS, the current shed at Union Field 8 provided by Babe Ruth is old, has
sustained damage over the years, and is no longer weather or rodent proof; and
WHEREAS, the existence of this shed assists Ithaca Babe Ruth in offering quality
affordable youth baseball opportunities to local youth; and
May 1, 2019
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WHEREAS, Ithaca Babe Ruth is currently in an Agreement/Revocable License for Use
of City Real Property that will be adjusted for the additional 36 square feet of shed
space; and
WHEREAS, Ithaca Babe Ruth will provide a new 12' x 12' shed and remove the existing
9' x 12' shed at their own expense; and
WHEREAS, the Ithaca Youth Bureau, the Parks, Recreation, and Natural Resources
Commission, and the Board of Public Works are supportive of this proposal, and the
Superintendent of Public Works does not anticipate any conflicts in the near future with
public works uses or needs; and
WHEREAS, City Code Chapter 170 “Use of City Real Property” vests in the Common
Council sole authority to grant approval of any license to make non-transitory use of City
parkland; now, therefore be it
RESOLVED, That Common Council finds that Ithaca Babe Ruth’s proposal to replace
the existing shed continues to support the broader public recreational activities in Cass
Park provided by Babe Ruth under the above-referenced Agreement/Revocable
License for Use of City Real Property; and
RESOLVED, That Common Council hereby authorizes the Mayor, upon the advice of
the City Attorney, to amend the license agreement to permit replacement the existing 9'
x 12' shed with a 12' x 12' shed in the existing location at Union Field 8, including
installation and maintenance thereof.
Carried Unanimously
8.9 Department of Public Works (DPW) - Request to Amend Personnel Roster -
Resolution
By Alderperson Mohlenhoff: Seconded by Kerslick
WHEREAS, the City of Ithaca Sidewalk Program’s 2019 Work Plan and Budget was
approved by Common Council on November 7, 2018; and
WHEREAS, the Sidewalk Program Manager needs assistance for construction
inspection duties, preparing engineering estimates, and preparing engineered drawings;
and
WHEREAS, the cost analysis for extending an annual seasonal position to a full-time
permanent position is marginal, and is a significant savings against hiring a consultant;
now, therefore, be it
RESOLVED, That the Personnel Roster of the Engineering Division of the Department
of Public Works be amended as follows:
Add: One (1) Engineering Technician (40 hours)
; and, be it further
RESOLVED, That the above changes shall be funded from Account S5410—Sidewalk
Assessment District.
Carried Unanimously
CITY ADMINISTRATION COMMITTEE:
9.1 Department of Public Works (DPW) - Amendment of Capital Project #839 for
Dryden Road Parking Garage - Resolution
By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick
WHEREAS, Capital Project #839 was established in 2017 at $51,000 for a Condition
Assessment of the Dryden Road Parking Garage, and the report identified and
prioritized capital repairs over a 5-year timeframe; and
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WHEREAS, Common Council amended CP #839 by adding $375,000 to fund
engineering and construction of several high-priority safety issues requiring immediate
attention, including staircase, fire suppression standpipes, barrier strand cables; and
WHEREAS, bids were opened on March 26, 2019 for this scope of work, and the low
bidder was Crane Hogan at $483,840; and
WHEREAS, Engineering staff is recommending award of the contract to Crane Hogan,
conditioned on additional budget and completion of the full scope of work, plus an
allowance for construction inspection and material testing and a contingency; now,
therefore be it
RESOLVED, That Common Council hereby amends Capital Project #839 by $200,000
for the repair of structural and safety issues at the Dryden Road Parking Garage,
bringing the total authorization to $626,000; and, be it further
RESOLVED, That funds needed for said amendment shall be derived from issuance of
Serial Bonds.
Alderperson Lewis noted that the major structural work on the garage will be delayed
one year. She asked how much the substantial deck work might cost. Alderperson
Mohlenhoff stated that she would collect that information and share it with Council.
A vote on the Resolution resulted as follows:
Carried Unanimously
9.2 Department of Public Works (DPW) – Exchange of Property with State of
New York - Resolution
By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick
WHEREAS, upon staff recommendation, the City of Ithaca Board of Public Works
recommended an exchange of right-of-ways between the State of New York and the
City of Ithaca; and
WHEREAS, the right-of-way segments under consideration are:
- The City of Ithaca owned portion of Route 13, also known as Elmira Road,
from the south City line to a point approximately 0.85 miles to the north, and
- The New York State owned portions of Route 79 in the central business
district, including Green Street, Seneca Street and Seneca Way, from and
including the Tuning Fork intersection (State/Green/Seneca Way) to Route 13
southbound (Fulton Street); and
WHEREAS, Common Council understands that there is a DOT Administrative
Procedure that will evaluate the proposed exchange and will ultimately require formal
action from Common Council and the NYS Legislature to effect the exchange; and
WHEREAS, the City of Ithaca would expect to modify the existing Arterial Maintenance
agreement between the City and the State to include state owned roads segments after
the exchange; now, therefore be it
RESOLVED, That the Common Council of the City of Ithaca hereby endorses the
exchange of right-of-ways, including the rights and responsibilities thereto, with the New
York State Department of Transportation for the abovementioned roadways; and, be it
further
RESOLVED, That the Common Council of the City of Ithaca does hereby request the
New York State Department of Transportation to undertake the assessment for a
jurisdictional realignment in accordance with the NYSDOT Manual of Administrative
Procedures for
May 1, 2019
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- the City of Ithaca owned portion of Route 13, also known as Elmira Road,
from the south City line to a point approximately 0.85 miles to the north, and
- the New York State owned portions of Route 79 in the central business
district, including Green Street, Seneca Street and Seneca Way, from and
including the Tuning Fork intersection (State/Green/Seneca Way) to Route 13
southbound (Fulton Street)
; and, be it further
RESOLVED, That Common Council authorizes the Superintendent of Public Works to
pursue said exchange with the State of New York and return with a final proposal from
NYSDOT for local approval.
Alderperson Kerslick noted that the first Resolved clause endorses the exchange of
rights-of-way. He questioned whether this issue would return to Common Council for
further discussion. Alderperson Mohlenhoff responded that this Resolution would be
forwarded to New York State for vetting and will then return to Common Council.
Alderperson Brock stated that she supports this initiative but would like to understand
the cost comparisons a little better including CHIPS funding, annual maintenance
payments, and long-term capital costs.
A vote on the Resolution resulted as follows:
Carried Unanimously
9.3 Department of Public Works (DPW) - Establishment of Capital Project for
Traffic Signal and Operations Improvements - Resolution
By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick
WHEREAS, the City Engineering Department has identified grant funds available
through Federal Highway Administration (FHWA), which would improve traffic signal
operations through the use of advanced detection equipment and crowd -sourced travel
information; and
WHEREAS, the City will submit a $700,000 grant application for said project, which
would require a 20% city match, estimated at $150,000; and
WHEREAS, the majority of the City of Ithaca’s traffic signals are not able to respond to
traffic demand from any users; and
WHEREAS, this operation leads to inefficiencies and frustration; and
WHEREAS, advanced signal detection equipment can improve traffic safety by better
reacting to all modes of traffic; and
WHEREAS, along with already funded communications improvements, this technology
would improve response time to traffic signal malfunctions; and
WHEREAS, crowd-sourced traffic data would greatly improve the quality and quantity of
data that the City is able to use in prioritizing transportation infrastructure; now,
therefore be it
RESOLVED, That Common Council hereby establishes Capital Project #867 Traffic
Signal and Operations Improvement in the amount of $700,000, for the Federal
Highway Administration’s “Accelerating Innovations Demonstration” grant to equip 30
traffic signals with advanced detection equipment and pu rchase one year of crowd-
sourced traffic data; and, be it further
RESOLVED, That this project be undertaken with the understanding that the final cost
of the project to the City will be 20% of the total project costs, currently estimated at
$150,000; and, be it further
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RESOLVED, That funds needed for said project shall be derived from the issuance of
serial bonds; and, be it further
RESOLVED, That said project funding shall be contingent on the approval of the FHWA
grant.
Alderperson Mohlenhoff explained that technology can now inform us of who is using
roads through crowd sourcing information. She noted that this data would assist in the
design of future projects in addition to the new upgraded signals.
Alderperson Brock stated that she would like to know more about how the detection
equipment and crowdsourcing data works. Alderperson Mohlenhoff responded that
users volunteer to participate through apps like “Waze”, and some companies put GPS
tracking equipment on their vehicles. This technology affords more flexibility and control
over when traffic lights change vs. set rotation cycles that need to be manually changed
on each signal.
Alderperson Brock questioned whether the costs would be bonded. Alderperson
Mohlenhoff responded that if the grant is approved, the City would front the $700,000
and would be reimbursed for all but $150,000.
Alderperson Kerslick noted that he would like to better understand the purpose and
costs of the ongoing crowd sourcing subscription. Alderperson Lewis referred to
Transportation Engineer Hathaway’s April 3, 2019 memo in which he details how this
service would assist IPD with traffic control and manually changing traffic signals when
there was increased traffic volume or dangerous road conditions. It could also help
identify solutions to cut-through traffic in residential neighborhoods.
Alderperson McGonigal noted that if Council doesn’t like the detailed information, the
City doesn’t have to accept the grant.
Alderperson Murtagh voiced his support for anything that would assist with traffic flow
and increased safety.
Alderperson Gearhart noted that the equipment can operate without the data set.
Alderperson Mohlenhoff confirmed that the data set is a subscription and the current
plan is to buy it for one year and then decide whether continuing the subscription would
be beneficial.
Alderperson Brock noted that budget negotiations start shortly and will include difficult
decisions about capital project funding. She stated that she doesn’t believe this project
rises to all the other needs in the City, so she can’t support this request.
Alderperson Mohlenhoff explained that is an upgrade for older traffic signals. The new
signals have more modern technology which allows one to turn them on and off without
having to handle the signals, it is not just about the new data collection technology.
Alderperson Kerslick questioned whether this was urgent or if it could wait for the
budget discussions, which would be his preference.
Alderperson Lewis stated that she supports this request noting that tough decisions will
have to be made during budget discussions but this will improve traffic flow and safety
for all modes of transportation including bicycles, pedestrians, and vehicles.
Alderperson Murtagh stated that he also supports this Resolution for those reasons and
the fact that it leverages $550,000 and supports the Comprehensive Plan principles.
A vote on the Resolution resulted as follows:
Ayes (9) McGonigal, Nguyen, Murtagh, Gearhart, Fleming, Smith,
Kerslick, Mohlenhoff, Lewis
Nays (1) Brock
Carried
May 1, 2019
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9.4 Youth Bureau – Authorization to Apply for a New York State Consolidated
Funding Grant for Cass Park Rink Enclosure Project - Resolution
By Alderperson Mohlenhoff: Seconded by Alderperson Lewis
WHEREAS, the Ithaca Youth Bureau would like to apply through the Environmental
Protection Fund (EPF) Grant Program for Parks, Preservation and Heritage,
Consolidated Funding Application (CFA) 2019, for the Cass Park Rink Enclosure
Project on behalf of the City of Ithaca; and
WHEREAS, The Cass Park Rink serves as the hub of all Cass Park facilities and
programs, serves thousands of Ithaca area residents on a year-round basis, and is
widely recognized as a valuable public asset; and
WHEREAS, the City has completed a series of Rink improvements as recommended in
structural and operational reports to complete Phase 1 and Phase 2; Year 1 of the
planned 3 Phase renovation project; and
WHEREAS, The Friends of the Ithaca Youth Bureau (FOIYB) has been actively
fundraising in the community; and
WHEREAS the grant funds would enable the City to move forward with the help of
FOIYB to complete Phase 2; Year 2 of the project which will enclose Cass Park Rink as
recommended for optimal operations; now, therefore be it
RESOLVED, That the Director of the City of Ithaca Youth Bureau, is hereby authorized
to file an application for funds in an amount not to exceed $500,000 for the Cass Park
Rink Enclosure Project from the New York State CFA and, upon approval of said
request, to enter into and execute a project agreement with the State for such financial
assistance to the City of Ithaca for the Cass Park Rink Project; and, be it further
RESOLVED, That the City of Ithaca is authorized and directed to agree to the terms
and conditions of the Master Contract with OPRHP for such Cass Park Rink Enclosure
Project.
Alderperson Mohlenhoff noted that Common Council approved the submission of the
Farmers Market Grant last month; however, if the City needs to choose between the two
applications, this would be the priority project.
A vote on the Resolution resulted as follows:
Carried Unanimously
9.5 City Controller’s Report:
City Controller Thayer reported on the following:
2020 Budget preparation is underway. The Capital Project guidelines have been
distributed to Department Heads.
2019 Sales tax – $14.9 million was budgeted. Collections are .8% higher than
2018 and are within budget projections; however, this is a lower percentage than
the County collection
Mortgage Tax – $550,000 was budgeted. The first collection was $403,000 -
75% higher than 2018
NYS is looking at CHIPS funding and arterial maintenance funding and are also
considering e-bike/e-scooter legislation, adult use of cannabis, expansion of
prevailing wage, and rent control
Legal expenses – are starting out high
The CPI is at 1.7% for cities across the nation (regionally is running 1.5%)
Alderperson Mohlenhoff announced that the budget schedule is out and urged Council
to update their calendars.
May 1, 2019
13
PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE:
10.1 Approval of the New York State Environmental Quality Review Findings
Statement for the Chain Works District Redevelopment Project - Resolution
By Alderperson Murtagh: Seconded by Alderperson Brock
WHEREAS, on July 2, 2014, the Common Council adopted legislation allowing for the
City to establish Planned Unit Development (PUD) districts on any property in th e City
currently zoned for industrial uses; and
WHEREAS, the City of Ithaca Common Council has one pending application for a
Planned Unit Development (PUD) for the Chain Works District Redevelopment Project
(CWD Project) to be located at 620 S. Aurora Street by Jamie Gensel of Fagan
Engineers & Land Surveyors PC, for David Lubin, Project Sponsor, Unchained
Properties (UP); and
WHEREAS, the proposed CWD Project seeks to redevelop and rehabilitate the +/-
800,000-SF former Morse Chain/Emerson Power Transmission facility, located on a 95-
acre parcel traversing the City and Town of Ithaca’s municipal boundary (Site). The
PUD is for a mixed-use district, which includes residential, commercial, office,
manufacturing and a natural area, and which consists of f our primary phases: (1) the
redevelopment of four existing buildings (21, 24, 33, & 34); (2) the repurposing and or
selective removal of the remaining existing buildings; (3) potential future development
within areas of the remainder of the site adjacent to the existing buildings/parking areas;
and (4) future developments within remaining areas of the Site. The CWD Project also
requires a subdivision approval and approvals from the Town of Ithaca for a Planned
Development Zone and site plan approval; and
WHEREAS, in accordance with the adopted City process for consideration of a PUD,
the application was circulated in July 2014 to City boards and committees, as well as, to
the Town of Ithaca, and to the County Planning Department; and
WHEREAS, a required public information session, was held on August 5, 2014. In
accordance with PUD regulations, the meeting was advertised in the Ithaca Journal, the
property was posted with signs and property owners within 500 feet of the property were
notified by mail of the meeting; and
WHEREAS, a legal notice was posted to the Ithaca Journal, on July 29, 2014, in order
to advertise a legal public hearing on August 13, 2014; and
WHEREAS, the process for consideration of an application for the PUD requires that
the applicant obtain a preliminary approval in concept from the Common Council prior to
beginning the site plan review process; and
WHEREAS, that the Common Council did, on September 3, 2014 grant a preliminary
approval in concept to UP for their application for a PUD district to be established at the
Site; and
WHEREAS, that by granting a preliminary approval in concept, the Common Council
acknowledged that UP could begin the site plan review process, despite any zoning-
based deficiencies in the application; and
WHEREAS, UP did submit a site plan review application to the City of Ithaca Planning
Board in September of 2014; and
WHEREAS, the CWD Project exceeded the thresholds defined for Type I projects in
both the State and City Environmental Quality Review Law. Type I actions carry with
them the presumption that it is likely to have a significant effect on the environment.
Specifically, this CWD Project exceeds the Type I thresholds as defined in Chapter 176
of the City of Ithaca Code, Environmental Quality Review Ordinance, §174- 6
(B)(1)(i),(j),(k),(n), (2), (6), (7),(8)(a)and (b) and the State Environmental Quality Review
Act §617.4 (b)(2),(3), (5)(iii), (6)(i), and (iv); and
May 1, 2019
14
WHEREAS, Common Council, the Town of Ithaca Town Board, the Town of Ithaca
Planning Board, the Tompkins County Department of Health, the NYS Department of
Health, the NYS Department of Transportation, and the NYS Department of
Environmental Conservation all consented to the City of Ithaca Planning and
Development Board’s being Lead Agency for this CWD Project; and
WHEREAS, the City of Ithaca Planning and Development Board, as Lead Agency,
made a Positive Declaration of Environmental Significance on Octobe r 2, 2014,
directing the Project Sponsor to prepare a Draft Generic Environmental Impact
Statement (DGEIS) to evaluate potential impacts of the proposed CWD Project; and
WHEREAS, on October 18, 2014, the City of Ithaca Planning and Development Board
held both an Agency Scoping Session and a Public Scoping Session to identify issues
to be analyzed in the GEIS; and
WHEREAS, the City of Ithaca Planning and Development Board did, on January 13,
2015, approve a Scoping Document; and
WHEREAS, the City of Ithaca Planning and Development Board, as Lead Agency for
the purpose of environmental review, did on March 8, 2016 review the DGEIS submitted
by UP for completeness and adequacy for the purpose of public review and comment,
and with the assistance of City Staff and the City’s consultants, Adam Walters of Phillips
Lytle LLP, find the DGEIS to be satisfactory with respect to its scope, content, and
adequacy; and
WHEREAS, on March 29, 2016, a public hearing was held by the Planning and
Development Board to obtain comments from the public on potential environmental
impacts of the proposed action as evaluated in the DGEIS, and written comments for
the same purpose were accepted until May 25, 2016; and
WHEREAS, Concurrent with the Environmental Review and over the same four year
period, Common Council, did, meet numerous times with the project team to review and
provide feedback on the draft PUD and Design Guidelines; and
WHEREAS, Common Council did circulate the draft PUD and Design Guidelines for
comments in December 2017 and again in December 2018 and all relevant comments
have been incorporated; and
WHEREAS, the final draft PUD is comprised of four districts: the CW1 Natural Sub
Area, containing 8.01 acres of predominately undeveloped land/open space and CW3A,
CW3B & CW3C, containing 21.31 acres of mixed use development in both new and
existing buildings. The Design Guidelines are intended to supplement the zoning and
provide clear but flexible guidance during the site plan review process; and
WHEREAS, the Planning and Development Board as Lead Agency, did on February 26,
2019 accept the Final GEIS for the CWD Project as complete for filing, having duly
considered the potential adverse environmental impacts and proposed mitigating
measures as required under 6 NYCRR Part 617 (the SEQRA regulations) and Chapter
176 of the City of Ithaca Code (the City of Ithaca Environmental Quality Review
Ordinance, CEQRO); and
WHEREAS, the Planning and Development Board as Lead Agency, did on March 26,
2019, issue positive written findings (Findings Statement) determining, among other
things:
(a) That consistent with social, economic and other essential considerations, from
among the reasonable alternatives available, the action to be carried out
minimizes or avoids, to the maximum extent practicable, adverse environmental
impacts disclosed in the Draft and Final Generic Environmental Impact
Statements; and
(b) The Findings Statement was prepared by the City of Ithaca Planning and
Development Board, as Lead Agency relating to the Chainworks Redevelopment
May 1, 2019
15
Project, pursuant to the New York State Environmental Quality Review Act,
Article 8 of the Environmental Conservation Law and the regulations promulgated
thereto at 6 NYCRR Part 617 (collectively referred to as “SEQRA”) and Chapter
176 of the City of Ithaca Code, City Environmental Quality Review Ordinance
(“CEQRO”). This Findings Statement draws upon the matters set forth in the
SEQRA/CEQRO record, including the Generic Environmental Impact Statement
(“GEIS”), consisting of the DGEIS and the FGEIS, as well as the public
comments on the DGEIS received at a public hearing and during the public
comment period; and
(c) A DGEIS and FGEIS have been prepared on behalf of the Lead Agency. The
purpose of the DGEIS and FGEIS was to identify and evaluate the potential
significant adverse environmental impacts of the proposed project and, where
applicable, to identify reasonable alternatives or mitigation measures that would
reduce the effect of those impacts to the maximum extent practicable.
(d) The Findings represents the conclusion of the environmental review of the
proposed project by the Lead Agency. Under SEQRA and CEQRO, this Findings
Statement must:
1. Consider the relevant environmental impacts, facts and conclusions disclosed in
the GEIS;
2. Weigh and balance relevant environmental impacts with social, economic and
other considerations;
3. Provide a rationale for the Planning Board’s pending decision (regarding site plan
review for the Project);
4. Certify that the requirements of SEQRA have been met;
5. Certify whether, consistent with social, economic and other essential
considerations, from among the reasonable alternatives available, the action is
one that avoids or minimizes adverse environmental impacts to the maximum
extent practicable, and whether any such adverse environmental impacts will be
avoided or minimized to the maximum extent practicable by incorporating as
conditions to any site plan approval those mitigation measures that were
identified, in the GEIS, as practicable.
(e) This is a “positive” findings statement, which means that the proposed Project is
potentially “approvable” (a relevant term used in the State’s “SEQR Handbook”)
by the Planning Board, as to its site plan. The Planning Board will use this
Findings Statement to assist in its review of the proposed site plan, and in
considering conditions that could be applied to any approval thereof.
(f) All involved agencies, as listed in the FGEIS, should prepare their own SEQRA
findings before making their own decisions.
; and
WHEREAS, Common Council has carefully reviewed the Lead Agency’s findings and
finds them thorough and comprehensive and consistent with SEQR; now, therefore be it
RESOLVED, That Common Council adopts the Lead Agency’s findings in their entirety
including the following certifications:
I. The requirements of Article 8 of the New York State Conservation Law
and the implementing regulations of NYSDEC, 6 NYCRR Part 617, and
local regulations, have been met; and
II. Consistent with social, economic and other essential considerations from
among the reasonable alternatives available, the action is one that avoids
or minimizes adverse environmental impacts to the maximum extent
practicable, and that adverse environmental impacts will be avoided or
minimized to the maximum extent practicable by incorporating as
conditions to the decision those mitigative measures that were identified
as practicable.
Mr. Jamie Gensel, Fagan Engineers & Land Surveyors, joined the discussion.
Alderperson Brock asked about stormwater mitigation for the onsite sewer collection
system for the 10-year storm. Mr. Gensel explained that the conveyance system will be
May 1, 2019
16
built for at least the 10-year storm, but the mitigation will be for 10, 50, and 100-year
storms which falls under the SPEIDES permit requirements.
Alderperson Brock thanked everyone who has been working on this project for years,
noting that it is not over, but this was a huge lift.
Alderperson Kerslick asked whether this project was consistent with the Comprehensive
Plan. Planning & Development Director Cornish stated that the Planning Board will tie it
to the Comprehensive Plan during its review of the project.
Alderperson Murtagh stated that Council has approved the preliminary concept, but
approval of the final Planned Unit Development still needs to be granted by Common
Council.
A vote on the Resolution resulted as follows:
Carried Unanimously
10.2 Resolution to Select Artwork for City Mural Program
By Alderperson Murtagh: Seconded by Alderperson Smith
WHEREAS, in 2010, the City created a mural and street art program to beautify blank
walls within the city, while providing local artists from all sections of the community an
opportunity to showcase their work; and
WHEREAS, the Board of Public Works approved several locations for future murals and
street art, throughout the City, by resolution on May 19, 2010 and the City-owned
parking garages and municipal electrical boxes are pre-approved mural locations; and
WHEREAS, Rusty Keeler, Melody Often, and Annabelle Popa have submitted
proposals to paint murals on an electrical box on S. Titus Ave, in the Dryden Road
Parking Garage, and on the exterior of the Seneca Street Parking Garage, respectively;
and
WHEREAS, the Community Life Commission formed a mural subcommittee to assess
mural proposals, hold public comment and recommend proposals for consideration; and
WHEREAS, the Mural Subcommittee held a public comment period on the mural
designs and locations at its meeting on March 12, 2019 to gather input on the proposed
murals, and the responses to the proposals have been mixed; and
WHEREAS, the installation of the murals will be funded by the artists and will be
budget-neutral to the City; and
WHEREAS, at its meeting on March 18, 2019, the Community Life Commission voted to
recommend that the Common Council approve the three mural projects at their
proposed locations; now, therefore be it
RESOLVED, That the City of Ithaca Common Council selects the proposals by Rusty
Keeler, Melody Often, and Annabelle Popa as recommended by the Community Life
Commission, for installation on an electrical box on S. Titus Avenue, in the Dryden
Road Parking Garage, and on the exterior of the Seneca Street Parking Garage; and,
be it further
RESOLVED, That the selected artists may proceed with the installation of their murals
upon the execution of an agreement with the City as reviewed by the City Attorney.
Alderperson Murtagh noted that concerns were expressed about the nature of the
murals appearing to be violent and that the eel depicted was scary; however, after
discussion, the Committee did not agree with those sentiments.
Discussion followed on the floor regarding how the public art approval process was
working out. City Planner Phillips stated that this is the first of two rounds of
submissions. He noted that it was helpful to have pre-determined dates for submissions
May 1, 2019
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so installations could be better coordinated, and added that it is also helpful to have two
rounds of submissions so the review committee has an opportunity to continue working
with artists whose initial submissions may not have been approved during the first
round. The review committee will continue to evaluate the program and make
improvements.
A vote on the Resolution resulted as follows:
Carried Unanimously
10.3 Resolution Approving Joint Sewer Agreement Amendment to Eliminate
Chairperson Term Limit
By Alderperson Murtagh: Seconded by Alderperson Lewis
WHEREAS, the Ithaca Area Wastewater Treatment Facility (“IAWWTF”) is owned and
operated by the City of Ithaca, Town of Ithaca, and Town of Dryden (“Municipal
Owners”), with oversight provided through this Special Joint Committee (“SJC”)
composed of representatives from the three Municipal Owners; and
WHEREAS, the Municipal Owners entered into a December 31, 2003 Joint Sewer
Agreement that governs IAWWTF administration and operations; and
WHEREAS, Section 13.3 of the Joint Sewer Agreement provides as follows:
“13.3 The SJC will elect its own chairperson annually and shall establish scheduled
monthly meeting dates to provide for timely referrals to the Parties’ respective boards or
governing bodies. No chairperson shall serve for more than two consecutive one-year
terms but may be re-elected after a minimum of a one-term period has elapsed since
that person last served as chairperson.”
; and
WHEREAS, at its meeting on February 20, 2019, the SJC adopted a resolution
recommending elimination of the limit on a chairperson serving more than two
consecutive terms, because it often takes an SJC chairperson more than a year to
develop enough understanding of the IAWWTF and the chairperson role to function
efficiently and effectively with the other SJC members and staff; and
WHEREAS, Section 17.1 of the Joint Sewer Agreement provides that it may be
amended as follows:
“17.1 This Agreement may be modified or amended by an instrument in writing, duly
executed and acknowledged by the duly authorized representatives of each Party, upon
approval by majority vote of the voting strength of the respective governing bodies of
said Party.”
; now, therefore be it
RESOLVED, That the City of Ithaca/Town of Ithaca/Town of Dryden approves and
authorizes the Mayor/Ithaca Town Supervisor/Dryden Town Board to execute an
amendment to the Joint Sewer Agreement, subject to the approval of the City
Attorney/Attorney for the Town, that eliminates the chairperson term limit by deleting
the second sentence in Section 13.3, so that Section 13.3 reads as follows:
“13.3 The SJC will elect its own chairperson annually and shall establish scheduled
monthly meeting dates to provide for timely referrals to the Parties’ respective boards or
governing bodies.”
Discussion followed on the floor regarding changing the length of the terms for the
committee vs. chairperson term limits. Alderperson Lewis stated that the SJC has not
held that discussion; however, she attested to the fact that it takes a lot of time to get up
to speed on the issues that the SJC considers.
Alderperson Brock recused herself from the vote as she is the current Chair of the SJC.
May 1, 2019
18
A vote on the Resolution resulted as follows:
Carried Unanimously
10.4 An Ordinance to Amend the City of Ithaca Municipal Code Chapter 164
Entitled “Dogs and Other Animals”; to amend Article IV entitled “Backyard
Chickens”
By Alderperson Murtagh: Seconded by Alderperson Smith
ORDINANCE 2019-___
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as
follows:
Section 1. Amendments to Chapter 164, Article IV.
Chapter 164, Article IV shall be amended to read as follows:
[164-27 Backyard Chickens
The prohibition against keeping chickens in this Chapter shall, during a two -year pilot
program that shall expire on May 1, 2018, not apply to up to twenty pilot applicants
approved for the keeping of up to four female chickens (hens) per 3,000 Square Foot
Lot while the animals are kept in such a manner that all requirements of this Article are
satisfied.]
164-28: Requirements for Keeping Chickens
A. [Chickens] Up to 6 female chickens may only be kept on those Lots with a
Property Class Code of 210, 215, 220, 240, 250, or substantially identical
successor designations.
B. Chickens may only be kept on those [L]lots possessing a Lot Square Footage of
[not less] more than [3]2,000 square feet.
C. No chicken facility or any structure that houses chickens or any fenced pen area,
either temporarily or permanently, shall be located within any of the following
prohibited areas:
1. Within the setback requirements of the zone in which it is located;
2. Within twenty [20] feet of any adjacent Lot’s residential principal structure
or accessory structure that contains a residential unit, [or within five feet of
any principal structure on the Lot housing the chickens]; and
3. Within five feet from any abutting residential property line, unless the
adjacent owner agrees in writing to a lesser setback.
D. Chickens may only be kept by a domiciliary of a dwelling unit located on the Lot
on which the chickens are kept.
E. Chickens must be kept in and confined in a properly designed and constructed
coop or chicken house, or a fenced and covered enclosure that is at least 4
square feet per chicken in size, which additionally includes a run. Each covered
coop and run combined shall be located in, and shall not cover more than 50%
of, the Rear Yard of the Lot.
F. It shall be unlawful for any person to allow chickens [hens] to run at large upon
the streets, alleys or other public places of the City, or upon t he property of any
other person.
G. During daylight hours the adult chickens shall have access to the chicken coop
and, weather permitting, shall have access to an outdoor enclosure on the
subject property, adequately fenced to contain the chickens and to prevent
access to the chickens by dogs and other predators.
H. Chicken feed must be in rodent resistant and weather proof containers.
I. A chicken coop, and the premises where the chicken coop is located, shall be
maintained in a condition such that the facility or chickens do not produce noise
or odor that creates a nuisance for adjoining Lots and the responsible domiciliary
and the owner shall remove any odorous or unsanitary condition. The Lot owner
shall be responsible for the repair on any adjoining Lot of any damage caused by
the chickens, including but not limited to damage to dwellings, structures and
yards, and shall be responsible for repair of any unsafe condition.
J. The person keeping the chickens shall abide by all Solid Waste Storage and
Collection standards of the City's Exterior Property Maintenance Code, §331-7.
May 1, 2019
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K. Roosters and Guinea Fowl are expressly prohibited, regardless of the age or
maturity of the bird.
L. [Pilot] R[r]egistration pursuant to Section 164-29 is required for the keeping of
chickens.
M. [Approved pilot] R[r]egistrants must provide evidence of having completed a
seminar regarding the care of chickens in an urban environment from the Cornell
Cooperative Extension Office, or similarly qualified organization acceptable to the
Clerk’s Office.
164-29: [Pilot] Registration Process and Parameters.
[A. No more than twenty pilot registrations for the keeping of chickens shall be
approved under this Article IV.]
A[B]. Registration shall take place at the City of Ithaca Clerk’s Office upon submission
of a $35 registration fee, and verification of a completed chicken -keeping seminar.
B[C]. [The City Clerk and Police Department shall, at least three months prior to the
expiration of the pilot program, report to a Committee of the Common Council on the
status of the pilot program.] The City Clerk and Police and/or Cooperative Extension
shall report to a committee of Common Council annually about the numbers of
households registered to keep chickens and any complaints arising as a result.
C As a courtesy, property owners shall notify the City Clerk at such time
when they are no longer keeping chickens.
[D. Should the pilot program not be extended after the two-year period, Cornell
Cooperative Extension Office may help rehome the hens in the program.]
D[E]. The City Clerk may revoke registration for a specific site via written notice to the
property owner when the City Clerk or designee finds, at his or her sole discretion, that
any requirements of this Article are not met, a rebuttable presumption of which shall be
created by (a) a record of three or more complaints to the Ithaca Police Department
about a specific site’s chickens, (b) on the recommendation of Cornell Cooperative
Extension, or (c) on the recommendation of the Ithaca Police Department. Upon
revocation, the City Clerk shall notify the owner in writing of the same, in compliance
with sub-section 164-30, and if the revocation stands, the owner must remove the
chickens [hens] from the property in coordination with such assistance as may be
available from the Cornell Cooperative Extension Office, who may assist with rehoming
them.
Section 5. 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 6. Effective Date. This ordinance shall take effect immediately upon
publication as provided for in the City Charter.
Alderperson Murtagh expressed his thanks to Monika Roth for the work she has done
on this initiative. He noted that although this issue was not part of the Parks, Recreation,
and Natural Resources Commission work, it is a great example of the level of work our
volunteers have contributed to the City.
A vote on the Ordinance resulted as follows:
Carried Unanimously
Alderperson Murtagh reported on the recent Tompkins County Legislature meeting
regarding the County’s purchase of property on N. Tioga/Sears Street for a new County
office building. He stated that the plan is to have a sub-committee of the Legislature
review the design of the Tioga/Sears Street project. The City’s goal is to maintain
housing on Sears Street and he voiced his willingness to work with the Legislature on
this issue. He further noted that there was discussion about historic preservation and
adaptive re-use of buildings. He voiced his appreciation for Legislator McBean-
Clairborne’s expression of support for historic preservation and Historic Preservation
Planner McCracken.
May 1, 2019
20
NEW BUSINESS:
2019 Gorge Safety Funding – Resolution
By Alderperson Fleming: Seconded by Alderperson Kerslick
WHEREAS, as part of the 2019 Authorized City Budget, Common Council placed
$15,000 in Restricted Contingency for the purpose of funding a 2019 gorge safety
program; and
WHEREAS, the Town of Ithaca set aside $7,500 in their 2019 budget to fund gorge
safety efforts; and
WHEREAS, a Gorge Safety Task Force held a series of meetings in 2016 and 2017 to
develop recommendations for promoting safety in the gorges; and
WHEREAS, among these recommendations was for the City Forester to install signs
designating No Trespass zones in the gorge natural areas and for the gorge rangers to
be authorized to issue parking tickets; and
WHEREAS, in 2018 the City attempted to hire a seasonal Community Service Officer
(CSO) who would work evenings and weekends to write parking tickets in no parking
areas near the gorges in both the City and the Town of Ithaca, but the hiring process got
started too late in the season; and
WHEREAS, for 2019 it is again recommended to hire a seasonal CSO who will work
evenings and weekends to write parking tickets in no parking areas near the gorges in
both the City and the Town of Ithaca; now, therefore be it
RESOLVED, That Common Council hereby transfers an amount not to exceed $15,000
from account A1990 Restricted Contingency to account A5651-5120 Parking Systems
Hourly P/T for the purpose of funding the Gorge Safety Program.
Carried Unanimously
INDIVIDUAL MEMBER – FILED RESOLUTIONS:
13.1 Alderperson Brock - Resolution in Support for the New York State
Assembly and Senate Bills to Establish a Process for the Adoption of an
Environmental Bill of Rights
By Alderperson Brock: Seconded by Alderperson Nguyen
WHEREAS, the City of Ithaca Common Council supports the right of each resident to
clean air and water; and
WHEREAS, in the United States there are many states/commonwealths with
Constitutions that contain some form of “environmental rights” or expression of
environmental values; and
WHEREAS, it is the constitutional duty of all levels of government within New York
State to protect the health, safety and welfare of their residents giving residents a right
to live and work in a clean environment; and
WHEREAS, communities in New York State like Hoosick Falls, Long Island and
Newburgh, along with many other communities throughout the United States like Flint,
Michigan and Toledo, Ohio have suffered contaminated water systems caused by lack
of intervention and/or protection by either government and/or private interests; and
WHEREAS, in watersheds throughout the Finger Lakes, municipalities and individuals
draw drinking water that has in recent years been affected by Harmful Algae Blooms
making treatment more expensive for municipal water supplies, and sometimes
impossible for individual households that draw water directly from the lake; and
WHEREAS, there is at present a uniform bill before both the New York State Assembly
(A. 2064 [Englebright, Gottfried, et al.])1 and the New York State Senate (S. 2072
1 https://www.nysenate.gov/legislation/bills/2019/A2064
May 1, 2019
21
[Carlucci et al.])2 to add the following language to the New York State Constitution that
will formally establish in the New York State Constitution a right to clean water, clean
air, and a healthful environment:
Resolved, that article 1 of the constitution be amended by adding a new section 19 to
read as follows: § 19. Environmental rights. Each person shall have a right to clean
air and water, and a healthful environment.
; and
WHEREAS, formally establishing such a civil environmental right will help drive better
government decision-making at all levels, helping prevent conditions in which land,
water and air become contaminated; and
WHEREAS, establishing such a right will also affect individuals and private enterprise
and promote better decision-making based on the New York Constitution’s
acknowledgement that all residents have environmental rights; and
WHEREAS, passing these bills will address a gap in the state’s legal foundations and
provide an expression of values that other states have already seen fit to establish;
now, therefore be it
RESOLVED, That the City of Ithaca Common Council supports a New York State
Environmental Bill of Rights Amendment, Assembly Bill 2064 and Senate Bill 2072,
amending Article 1, the Bill of Rights, of the New York State Constitution by inserting a
new Section 19, reading: “Each person shall have a right to clean air and water, and a
healthful environment.” which recognizes the inalienable and self -executing right of all
New Yorkers to clean water, clean air, and a healthful environment; and, be it further
RESOLVED, That this right be as fundamental as a person’s right to freedom of speech
and assembly; and, be it further
RESOLVED, That the City Clerk is directed to send a copy of this resolution to U.S.
Senator Kirsten Gillibrand, U.S. Senator Charles Schumer, Governor Andrew Cuomo,
New York State Senator Thomas O’Mara, New York State Assemblywoman Barbara
Lifton, Senate Assembly Chair Brian Kavanagh, and Assembly Housing Chair Steven
Cymbrowitz.
Alderperson Brock stated that the legislation was written by Town of Ulysses Supervisor
Liz Thomas, noting that the Town of Ulysses has also approved this Resolution.
Alderperson Fleming reported that similar legislation was recently adopted by the
Tompkins County Council of Governments (TCCOG) as well. During the TCCOG
discussion, concerns were raised about unfunded mandates but were overridden by the
value seen in supporting this initiative.
Alderperson McGonigal asked if this legislation would increase the City’s liability for
situations that might arise such as accidents that might impact drinking water or air
pollution created in the parking garages. City Attorney Lavine responded that he did not
believe the City would have an increased liability.
Alderperson Brock noted that the Water Resource Council has been seeing legacy
impacts on regional water supplies. This legislation recognizes the need to look at all
systems holistically, both point sources and non-point sources, to address the needs of
the environment and the ability to provide clean water to our residents.
A vote on the Resolution resulted as follows:
Carried Unanimously
2 https://www.nysenate.gov/legislation/bills/2019/S2072
May 1, 2019
22
13.2 Alderperson Brock - Resolution Supporting Universal Rent Stabilization
and Control
This item was withdrawn from the agenda.
MAYOR’S APPOINTMENTS:
14.1 Appointment/Reappointments to Cable Access Oversight Committee -
Resolution
By Alderperson Kerslick: Seconded by Alderperson Lewis
RESOLVED, That Rich DePaolo be reappointed to the Cable Access Oversight
Committee, as a representative from the Town of Ithaca, with a term to expire
December 31, 2020; and, be it further
RESOLVED, That Wies vanLeuken be reappointed to the Cable Access Oversight
Committee, as a representative from the Village of Cayuga Heights, with a term to
expire December 31, 2021; and, be it further
RESOLVED, That Gossa Tsegaye be appointed to the Cable Access Oversight
Committee, as a representative from the City of Ithaca, to fill a vacancy with a term to
expire December 31, 2019; and, be it further
14.2 Appointment to Examining Board of Electricians – Resolution
RESOLVED, That Tim Hayes be appointed to the Examining Board of Electricians to fill
a vacancy with a term to expire December 31, 2021 ; and, be it further
14.3 Appointment/Reappointment to Community Police Board – Resolution
RESOLVED, That Shirley Kane be reappointed to the Community Police Board with a
term to expire December 31, 2021; and, be it further
RESOLVED, That Richard Onyejuruwa be reappointed to the Community Police Board
with a term to expire December 31, 2021; and, be it further
RESOLVED, That Hannah Logue be appointed to the Community Police Board as a
Youth Member with a term to expire December 31, 2020.
Carried Unanimously
REPORTS OF COMMON COUNCIL LIAISONS:
Ithaca Urban Renewal Agency
Alderperson Lewis reported that the IURA held the Part 1 and Part 2 of public hearings
regarding the applications for HUD Entitlement Programs. Seventeen applications were
received. Recommendations will go to the Planning & Economic Development
Committee meeting in May with goal of Common Council adopting the 2019 Action Plan
on June 5, 2019.
Workforce Diversity Advisory Committee (WDAC)
Alderperson Brock reported that the Committee would be holding their annual
“Advance” tomorrow. A concern was raised regarding the new commission structure
and how the diversity and inclusion principles and decision-making processes would be
incorporated into the make-up of working groups. Members will be reaching out to the
chairs of the commissions to review processes that may have been put in place
following the presentation that was made by Human Resources Director Michell-Nunn
and WDAC member Sue Kittel.
Water Resources Council
Alderperson Brock reported that a joint meeting of the Water Resources Council and the
Cayuga Lake Watershed Intermunicipal Organization will be held on May 20, 2019 at
4:15 PM at the Ithaca Town Hall to discuss the HABS outbreak and the possibility of
utilizing a model for Cayuga Lake that is similar to the Oswego Watershed Rules &
Regulations which provides for watershed inspections, remedies, and penalties for
violations.
May 1, 2019
23
Commission Working Group
Alderperson Gearhart announced that the Commission W orking Group would be
meeting next week to conduct a status check on how the Commissions are performing
after being in place for one year. If Council members have feedback, please forward it
to Alderpersons Gearhart and Mohlenhoff, and Chief of Staff Cogan. A survey is being
designed that will be distributed to all commissioners to obtain their feedback a s well.
Alderperson Lewis voiced her appreciation to Superintendent of Public Works Thorne
for organizing the flood analysis presentation last night.
REPORT OF CITY CLERK:
City Clerk Conley Holcomb reported that the City has concluded its annual street
cleaning operations and despite increased information sharing via Swift911, social
media, the city’s website, the media, and posted signage; 288 vehicles were towed.
This figure represents seventy-six additional vehicles being towed in 2019 from 2018;
and forty-seven more vehicles than in 2017 which was prior to Swift911 being used.
She further noted that over the past two years the instances of hostile/threatening
interactions with vehicle owners has increased as well.
REPORT OF CITY ATTORNEY:
City Attorney Lavine announced that May 29, 2019 has been identified as a possible
date for a joint meeting of the Planning & Economic Development Committee and the
Tompkins County Public Safety Committee to discuss the potential co-location of the
Ithaca Police Department and the Tompkins County Sheriff’s Office. Alderpersons
Fleming, Kerslick and Smith indicated that they were not available on that date but
encouraged the meeting to be scheduled anyway.
Motion to Enter into Executive Session
By Alderperson Mohlenhoff: Seconded by Alderperson Lewis
RESOLVED, That Common Council enter into Executive Session to discuss pending
litigation.
Carried Unanimously
Reconvene:
Common Council reconvened into Regular Session with no formal action taken.
MINUTES FROM PREVIOUS MEETINGS:
18.1 Approval of the April 3, 2019 Common Council Meeting Minutes –
Resolution
By Alderperson Nguyen: Seconded by Alderperson Brock
RESOLVED, That the minutes of the April 3, 2019 Common Council meeting be
approved as published.
Carried Unanimously
ADJOURNMENT:
On a motion the meeting adjourned at 9:00 p.m.
______________________________ _______________________________
Julie Conley Holcomb, CMC Svante L. Myrick
City Clerk Mayor