HomeMy WebLinkAboutMN-CC-2019-06-05COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 6:00 p.m. June 5, 2019
PRESENT:
Mayor Myrick
Alderpersons (9) Brock, McGonigal, Murtagh, Nguyen, Gearhart, Fleming,
Smith, Lewis, Mohlenhoff
OTHERS PRESENT:
City Clerk – Conley Holcomb
City Attorney – Lavine
City Controller – Thayer
Deputy Community Development Director – Mendizabal
Chief of Staff – Cogan
EXCUSED:
Alderperson Kerslick
PLEDGE OF ALLEGIANCE:
Mayor Myrick led all present in the Pledge of Allegiance to the American Flag.
ADDITIONS TO OR DELETIONS FROM THE AGENDA:
Alderperson Mohlenhoff requested that the order of agenda items be reversed.
No Council Member objected.
PROCLAMATIONS/AWARDS:
Mayor Myrick proclaimed the week of July 1-7, 2019 Independents Week in the City of
Ithaca and encouraged everyone to shop locally in independent shops.
Presentation of Quarterly Employee Recognition Award
Mayor Myrick presented the City of Ithaca Quarterly Employee Recognition Awards to:
Cass Park ice rink staff and Cass Park supervisory team
Staff was recognized for creating a welcoming, supportive, and inclusive environment
for the Adult Recreation Support Services Division of the Ithaca Youth Bureau who
launched a 7-week pilot ice skating program for adults with special needs. Cass Park
staff members were role models for inclusion and supported the participants in the use
of special adaptive equipment, so they had the opportunity to experience the joy of ice
skating like other community members.
Tim Logue, Director of Engineering
Director of Engineering Logue was recognized for treating citizens, contractors,
politicians, and employees with the utmost respect, dignity, and understanding. As a
supervisor he is always open to talk about issues at the workplace and beyond, and he
cares about the people he works for and works with.
SPECIAL PRESENTATIONS BEFORE COUNCIL:
Presentation from the Ithaca Youth Council:
Youth Program Coordinator Beverly Stokes and the Ithaca Youth Council updated
Common Council on their recent activities, highlighting the following:
Created a mission statement that includes listening and speaking for the youth of
Tompkins County
Participated in a scavenger hunt to learn about government in Ithaca and
Tompkins County; attended a Common Council meeting; surveyed community
members about the needs of local youth; generated a list of potential focus
groups; divided themselves into those groups focusing on three topics:
o Confronting racism and discrimination
o Creating free and safe spaces for teens
o Teen mental health
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Composed a survey for Tompkins County youth surrounding the three focus
groups and distributed it to 215 local youth; compiled and analyzed data and
used the data to determine next steps
Conducted research on these topics in order to highlight the issues; compiled
resources; shared what they learned.
Met with local leaders to discuss relevant issues
The Youth Council shared the results of their survey and their lessons learned.
5.2 Reports of Municipal Officials:
Tompkins County Legislator Anna Kelles reported on the following:
The Legislature passed a Resolution urging New York State to adopt
Comprehensive Planet Protection legislation.
Tompkins County is completing an inventory of the climate initiatives they have
undertaken in the past ten years.
The Legislature has been working on and promoting a Home Rule Bill that would
allow the County to spend local money on workforce and affordable housing.
Tioga/Sears Street property purchase. A committee will begin meeting on June
14, 2019 to review potential designs of the project. A goal is to build a Net Zero
building as an example of what is possible in a government setting.
The Legislature has been meeting with NYSEG and the PSC regularly to try to
help them resolve the issues surrounding the gas moratorium which is preventing
development in Lansing. They are working on promoting energy alternatives to
reduce the need and demand for natural gas in Lansing.
Legislator Kelles voiced her support for the New York State Emergency Tenant
Protection Act and thanked Alderperson Brock for working on this locally.
The Legislature adopted a Resolution supporting drivers licenses for everyone
regardless of immigration status.
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
The following people addressed Common Council:
Fred Wilcox, City of Ithaca – Ithaca Green New Deal
Kirby Edmonds, City of Ithaca – Ithaca Green New Deal
Theresa Alt, City of Ithaca – Housing issues
Joe Wilson, Town of Dryden – Ithaca Green New Deal
Jan Lawless, Town of Ithaca – E-scooters
Marty Hiller, City of Ithaca – Relocation of Community Gardens
Sara Culotta, City of Ithaca – Ithaca Green New Deal
Richard Entlich, City of Ithaca – E-scooters
Joel Fredell, City of Ithaca – Carpenter Park / Community Gardens
Elan Shapiro, Town of Ithaca – Ithaca Green New Deal
Holly Payne, Town of Dryden – Ithaca Green New Deal
Noa Shapiro-Tamir, Town of Ulysses – Ithaca Green New Deal
Mike Moritz, City of Ithaca – Ithaca Green New Deal
Magda Kossowska, Town of Ithaca – Ithaca Green New Deal
Margo Brinn, City of Ithaca – Ithaca Green New Deal
Brynn Schmitt, Town of Danby – Ithaca Green New Deal
Isaiah Gutman, City of Ithaca – Ithaca Green New Deal
Alexas & Soto Family – Ithaca Green New Deal
Kurt Martin, City of Ithaca – Rent Control / Emergency Tenant Protection Act
Yayoi Koizumi, City of Ithaca – Ithaca Green New Deal
Guillermo Metz, Town of Danby – Ithaca Green New Deal
Fay Gougakis, City of Ithaca – Lime Scooters & Bicycles
Rebecca Evans, City of Ithaca – Ithaca Green New Deal
Ken Jaffe, City of Ithaca – Ithaca Green New Deal / supports FT Sustainability Officer
Peter Bardaglio, Village of Trumansburg – Ithaca Green New Deal
Jay Lambrix, City of Ithaca – Protected bicycle lanes and parking
Cathleen Banford, Town of Danby – Ithaca New Green Deal
Margherita Fabrizio, City of Ithaca – E-scooters
Ruby Adams, Village of Cayuga Heights – Ithaca Green New Deal
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Ella Warner, Town of Ulysses – Ithaca Green New Deal – submitted petition with 182
signatures of support
Kate Potteiger, City of Ithaca – Reproductive Rights
PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR:
Mayor Myrick thanked the speakers for reminding him that he doesn’t always need to
have all of the answers because the community is filled with smart and hard- working
people who want to move the City forward. He highlighted the talented not-for-profit
groups that work with the City on equality and sustainability issues, community services,
housing insecurity, domestic violence, social justice, the My Brother’s Keeper Initiative,
and much more. He encouraged people to get involved and support them. He further
addressed comments made regarding urban/dense housing, the high cost of housing,
increased carbon emissions, and the expansion of the Tompkins County Airport.
Alderperson Brock responded to comments made regarding the airport expansion,
noting that it will be a benefit that will support the local economy. She also addressed
comments made regarding housing and noted that some rent increases effectively
cause “evictions” and the gentrification of neighborhoods is pricing people out of their
homes. Currently, there are no protections from those rent increases. She explained
that rent stabilization is not included in tonight’s resolution, but it is one of many tools
that the city is trying to bring to the community to maintain the diversity and vitality of its
residents, and to offer people the stability of knowing that they are not in jeopardy of
losing their housing.
Alderperson Brock further noted that she hopes people will come out during budget
season if they support the Ithaca Green New Deal as it will take an investment in
equipment, programs, and potential new fees to make this happen.
Alderperson Murtagh responded to comments made regarding finding a permanent site
for the Community Gardens and thanked the local gardeners for their work throughout
the years.
Alderperson Nguyen thanked the speakers for coming out. He announced that TCAT
ordered its last diesel bus this year and that six electric buses will be delivered next
year.
CONSENT AGENDA ITEMS:
City Administration Committee:
8.1 Human Resources – Request to Amend Authorized Budget for a Safety
Grant - Resolution
By Alderperson Nguyen: Seconded by Alderperson Lewis
WHEREAS, the City applied for and received an Occupational Safety and Health
Training Education Program Grant from the New York State Department of Labor in the
amount of $12,435; and
WHEREAS, the grant will run until July 31, 2019, and provide City staff with various
safety training, including, but not limited to confined space, trenching, excavation,
lockout/tagout, hazard communications and work zone safety; now, therefore be it
RESOLVED, That Common Council hereby amends the 2019 Authorized Human
Resources Budget to account for the $12,435 Safety and Health Training and Education
Program Grant from New York State as follows:
Increase Revenue Account:
A1430-3489 NYS Aid Health $ 12,435
Increase Appropriations Account:
A1430-5435 Human Resources Contracts $ 12,435
Carried Unanimously (9-0)
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8.2 Department of Public Works (DPW) – Parking Division - Amendment to
Personnel Roster - Resolution
By Alderperson Nguyen: Seconded by Alderperson Lewis
WHEREAS, the Director of Parking is continuing to assess and realign staffing to most
effectively address operational needs; and
WHEREAS, the Director of Parking is recommending the elimination of a maintenance
position and the addition of a parking lot attendant position; and
WHEREAS, a current employee is interested in changing from a maintenance position
to a parking lot attendant position; now, therefore be it
RESOLVED, That the Personnel Roster of the Parking Division of the Department of
Public Works be amended as follows:
Unfund: One (1) Building and Grounds Maintenance Worker
Fund and increase to full-time: One (1) Parking Lot Attendant
; and, be it further
RESOLVED, That the above changes shall be funded within the existing budget.
Carried Unanimously (9-0)
CITY ADMINISTRATION COMMITTEE:
10.1 Adoption of the Ithaca Green New Deal - Resolution
By Alderperson Mohlenhoff: Seconded by Alderperson Brock
WHEREAS, the City of Ithaca Common Council has demonstrated its desire and
commitment to be a leader in sustainability and social equity by passing resolutions to:
Join the International Council for Local Environmental Initiatives (2001)
Endorse the US Mayors’ Climate Protection Agreement (2005)
Adopt the Climate Smart Communities Pledge (2009)
Adopt the City of Ithaca Energy Action Plan 2012-2016 (2013)
Adopt Plan Ithaca, the City’s Comprehensive Plan (2015), which features equity
and sustainability as thread-through themes and contains the chapter
Sustainable Energy, Water, & Food Systems
; and
WHEREAS, the October 2018 report entitled ‘‘Special Report on Global Warming of 1.5
C’’ by the Intergovernmental Panel on Climate Change and the November 2018 Fourth
National Climate Assessment report found that human-caused climate change is
causing an increase in extreme weather events that threaten human life, healthy
communities, and critical infrastructure; and
WHEREAS, there is a clear emerging international consensus that to avoid the most
severe impacts of a changing climate, we should work together to limit global warming
to 1.5 degrees Celsius, which is even more ambitious than the previous target of 2
degrees; and
WHEREAS, to accomplish this, scientists say that the entire world needs to get to net-
zero emissions by 2050, meaning the same amount of greenhouse gases would have to
be absorbed as released into the atmosphere; and
WHEREAS, the United States should take a leading role in achieving that, but with
active resistance at the federal level, it has fallen to the states, to local governments and
to individual citizens to lead the way; and
WHEREAS, versions of a Green New Deal, which have been proposed at both the
Federal and the State level, aim to address climate change and other societal problems
like economic inequality and racial injustice; and
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WHEREAS, local sustainability professionals, activists, and a growing youth climate
movement have urged the City of Ithaca to show more leadership on these challenges;
and
WHEREAS, the City has already taken several steps to reduce greenhouse gas
emissions, including the following:
Performed energy efficiency upgrades and installed rooftop solar energy systems
at several locations. The Ithaca Area Waste Water Treatment Facility, recognized
by the U.S. DOE for its efforts, has improved the efficiency of its operations
dramatically and produces up to three quarters of its energy needs on-site
through the production and use of biogas;
The City is actively working to upgrade its entire inventory of streetlights to LED
technology, cutting greenhouse gas emissions 50-60% and slashing lighting
costs even more dramatically;
The City worked for years to develop a large-scale solar array located at the
Ithaca Tompkins airport, which would have generated enough clean electricity to
power about one third of City government operations, with significant cost
savings. Due to circumstances beyond the City’s control, the project ultimately
fell though;
Since 2014, the City has shared a Sustainability Coordinator with the Town of
Ithaca; The position is dedicated to reducing greenhouse gas emissions in
government operations and the Ithaca community;
In 2018 the City adopted the Ithaca Green Building Policy report, with the
intention of enacting legislation in 2019, which is currently under development;
The City installed five electric vehicle charging stations in three public parking
garages and is an active partner in the EV Tompkins program, which aims to
double the number of local EV drivers. The City is working on incorporating the
first EV into its fleet;
In collaboration with four other municipalities, the City developed a residential
energy score program that would tap market forces to improve the energy
efficiency of existing homes. New York State is now rolling out regional home
energy score pilot programs in several locations across the state, including
Ithaca, thanks in part to these efforts;
The City enabled the innovative Property Assessed Clean Energy (PACE)
financing program to offer long-term low-cost financing for energy efficiency and
renewable energy projects in commercially-owned buildings. The City of Ithaca
and Tompkins County were the first two upstate NY communities to offer this
program
; and
WHEREAS, by adopting a Green New Deal for Ithaca, the City has the opportunity to
build on existing momentum and be the most climate forward city in New York State;
and
WHEREAS, there would be multiple benefits besides greenhouse gas reduction,
including local job creation and improved community health; and
WHEREAS, the City of Ithaca acknowledges that to implement a Green New Deal will
require support from New York State and the Federal government; and
WHEREAS, to be successfully implemented, the Ithaca Green New Deal must have the
support of the City of Ithaca at all levels of government; and
WHEREAS, this support can be demonstrated at first by the City of Ithaca Common
Council through the adoption of this resolution; and
WHEREAS, in accordance with the City of Ithaca Code §176-5C (26) “adoption of
regulations, policies, procedures and local legislative decisions in connection with any
action on this list”, this action does not require a City Environmental Quality Review
(CEQR); now, therefore be it
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RESOLVED, That the City of Ithaca adopts a goal to meet the electricity needs of City
government operations with 100% renewable electricity by 2025; and, be it further
RESOLVED, That the City of Ithaca adopts a goal to reduce emissions from the City
fleet of vehicles by 50% by 2025; and, be it further
RESOLVED, That the City of Ithaca hereby adopts a goal of achieving a carbon neutral
city by 2030; and, be it further
RESOLVED, That the City of Ithaca endorses the following actions to achieve these
goals:
Create a climate action plan (CAP) in 2020 to provide details on how to achieve
the Ithaca Green New Deal, and update the CAP every five years;
Adopt a Green Building Policy for new buildings in 2019;
Adopt a Green Building Policy for existing buildings by 2021; and
Assign additional staff as needed to implement the plan
; and, be it further
RESOLVED, That the Mayor and Common Council will work with department heads
and city staff, members of appropriate boards and commissions, businesses,
community groups, academic institutions, organizations, and other local governments to
develop a comprehensive public input process to enable achievement of these goals;
and, be it further
RESOLVED, That the City Clerk send copies of this resolution to United States
Senators Chuck Schumer and Kirsten Gillibrand; United States Representatives Tom
Reed and Alexandria Ocasio-Cortez; Governor Andrew Cuomo; Assemblywoman
Barbara Lifton; State Senator Tom O’Mara, and all the other members of the Honorable
New York State Congressional delegation.
Discussion followed on the floor with Sustainability Coordinator Nick Goldsmith
regarding social justice issues and inclusion in the decision-making processes.
Alderperson Mohlenhoff thanked Sustainability Coordinator Goldsmith for all of his work
on this legislation.
Amending Resolution:
By Alderperson Fleming: Seconded by Alderperson McGonigal
RESOLVED, That the first bullet point in the fourth Resolved clause be amended to
read as follows:
“Create a climate action plan (CAP) in 2020 to provide details on how to achieve
the Ithaca Green New Deal, and update the CAP regularly”
and, be it further
RESOLVED, That a new second bullet point be added to the fourth Resolved clause to
read as follows:
“Track and annually report on progress towards the goals listed above”
and, be it further
RESOLVED, That a new Resolved clause be added to the Resolution to read as
follows:
“RESOLVED, That the City of Ithaca will ensure that the benefits of the Ithaca Green
New Deal are shared among all of our local communities to reduce historical social and
economic inequities, and be it further”
Carried Unanimously (9-0)
Amending Resolution:
By Alderperson Brock: Seconded by Alderperson Lewis
RESOLVED, That the first bullet point in the eighth Whereas clause be amended to
read as follows:
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“Performed energy efficiency upgrades and installed rooftop solar energy
systems at several locations. The Ithaca Area Waste Water Treatment Facility,
recognized by the U.S. DOE for its efforts, has improved the efficiency of its
operations dramatically and offsets its energy needs on-site through the
production and use of biogas;”
Carried Unanimously (9-0)
Further discussion followed on the floor regarding the goal of reducing City fleet
emissions by 50% by 2025. In response to a question about which year to compare to,
Sustainability Coordinator Goldsmith responded that the baseline year used in the
Energy Action Plan for government operations was 2001. Sustainability Coordinator
Goldsmith noted that the City’s Fleet Manager, Brian Carman, supports the goals of the
Green New Deal but is nervous about the city being able to accomplish this goal. He
mentioned several factors that contribute to greenhouse gas emissions attributed to the
fleet such as weather, increasing infrastructure needs, etc. and he didn’t feel as if he
had enough data at this point to guarantee that he could achieve the goal.
Alderperson Mohlenhoff explained that the discussion at the City Administration
Committee was about keeping the goals high and striving to achieve them even if the
City falls a little short. The baseline for the community in the Energy Action Plan is
2010, the baseline for the City’s government operations should be 2001. Alderperson
Brock asked if there was a cost estimate projected for this goal. Mayor Myrick
responded that there was not one available at this time, noting that the City typically
replaces approximately fifteen vehicles a year and estimates will need to be completed
comparing the costs of gasoline fueled vehicles to electric vehicles. Alderperson Brock
stated that she believes that the goals need to be specific and include baselines and
that a plan needs to be established that will describe how the City will achieve these
goals.
Amending Resolution:
By Alderperson Brock: Seconded by Alderperson Nguyen
RESOLVED, That the second Resolved clause be amended to read as follows:
“RESOLVED, That the City of Ithaca adopts a goal to reduce emissions from the City
fleet of vehicles by 50% by 2025 using the 2001 baseline from the Energy Action Plan;
and, be it further
Alderperson McGonigal asked if the fleet is the same size in 2019 as it was in 2001. He
stated that he believes that 50% is an unrealistic number if it includes heavy equipment,
noting that he is not sure that electric is an option for those types of vehicles.
Alderperson Lewis also shared her concerns regarding the costs of these changes
noting that the City is currently investing in DPW crews. She stated that she also
supports the aspirational goals. Alderperson Mohlenhoff added that shared
services/shared equipment and coordination of operations such as paving could be an
option as well.
Alderperson Nguyen noted that Federal and State grants and settlement funds may be
available to assist with funding.
Alderperson McGonigal stated that as an added incentive, if the 50% goal is met by
2025, he will walk the length of the Commons on January 1, 2026 in his most festive
boxer shorts. Mayor Myrick accepted the challenge, noting that Alderperson McGonigal
was true to his word and once wore a beautiful floral dress when he was proven wrong
on a West End construction project.
A vote on the Amending Resolution resulted as follows:
Carried Unanimously (9-0)
Alderperson Brock clarified that “carbon neutral city-wide” means city government and
the community. Discussion followed on the floor regarding the aspects of becoming
carbon neutral such as converting residential heat sources to electric and if this initiative
would negatively impact lower income people.
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A vote on the Main Motion as Amended resulted as follows:
Carried Unanimously (9-0)
10.2 A Resolution Authorizing the Issuance of $2,669,000 Bonds of the City of
Ithaca, Tompkins County, New York, to Pay the Cost of Certain Capital
Improvements in and for said City.
By Alderperson Mohlenhoff: Seconded by Alderperson Lewis
WHEREAS, all conditions precedent to the financing of the capital projects hereinafter
described, including compliance with the provisions of the State Environmental Quality
Review Act, have been performed; and
WHEREAS, it is now desired to authorize the financing of such capital projects; now
therefore be it
RESOLVED, by the affirmative vote of not less than two-thirds of the total voting
strength of the Common Council of the City of Ithaca, Tompkins County, New York, as
follows:
Section 1. For the object or purpose of paying the cost of certain capital
improvements in and for the City of Ithaca, Tompkins County, New York, there are
hereby authorized to be issued $2,669,000 bonds of said City pursuant to the provisions
of the Local Finance Law, apportioned among such capital improvements in accordance
with the maximum estimated cost of each. The capital improvements to be financed
pursuant to this bond resolution, the maximum estimated cost of each, the amount of
bonds to be authorized therefor, the period of probable usefulness of each, and whether
said capital improvements are each a specific object or purpose or a class of objects or
purposes, including in each case incidental improvements, equipment, machinery,
apparatus, appurtenances, furnishings and expenses in connection therewith, are as
follows:
a) Replacement of the Cecil A. Malone Drive Bridge, at a maximum estimated cost
of $2,172,000. It is hereby determined that the plan for the financing of such specific
object or purpose shall consist of the issuance of $2,172,000 bonds of the $2,669,000
bonds of said City authorized to be issued pursuant to this bond resolution; provided,
however, that to the extent that any Federal or State grants-in-aid are received for such
specific object or purpose, the amount of bonds to be issued pursuant to this resolution
shall be reduced dollar for dollar. It is hereby determined that the period of probable
usefulness of the aforesaid specific object or purpose is 20 years, pursuant to
subdivision 10 of paragraph a of Section 11.00 of the Local Finance Law;
b) Construction of sidewalks along Elmwood Avenue and Valley Road, at a
maximum estimated cost of $195,000. It is hereby determined that the plan for the
financing of such specific object or purpose shall consist of the issuance of $195,000 of
the $2,669,000 bonds of said City authorized to be issued pursuant to this bond
resolution. It is hereby determined that the period of probable usefulness of the
aforesaid specific object or purpose is 10 years, pursuant to subdivision 24 of paragraph
a of Section 11.00 of the Local Finance Law;
c) Computer equipment and software upgrades for the Storage Area Network, at a
maximum estimated cost of $102,000. It is hereby determined that the plan for the
financing of such class of objects or purposes shall consist of the issuance of $102,000
bonds of the $2,669,000 bonds of said City authorized to be issued pursuant to this
bond resolution. It is hereby determined that the period of probable usefulness of the
aforesaid class of objects or purposes is 5 years, pursuant to subdivision 89, based
upon subdivisions 32 and 108 of paragraph a of Section 11.00 of the Local Finance
Law; and
d) New improvements to the Dryden Road Parking Garage, at a maximum
estimated cost of $200,000. It is hereby determined that the plan for the financing of
such specific object or purpose shall consist of the issuance of $200,000 bonds of the
$2,669,000 bonds of said City authorized to be issued pursuant to this bond resolution.
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It is hereby determined that the period of probable usefulness of the aforesaid specific
object or purpose is 25 years, pursuant to subdivision 12(a) of paragraph a of
Section 11.00 of the Local Finance Law.
Section 2. The aggregate maximum estimated cost of the aforesaid objects or
purposes is $2,669,000, and the plan for the financing thereof is by the issuance of the
$2,669,000 serial bonds authorized by Section 1 hereof, allocated to each of the objects
or purposes in accordance with the maximum estimated cost of each stated in Section 1
hereof; provided, however, that the amount of serial bonds will be reduced by any
Federal or State grants-in-aid received therefor, as specifically provided herein.
Section 3. The faith and credit of said City of Ithaca, Tompkins County, New York,
are hereby irrevocably pledged for the payment of the principal of and interest on such
obligations as the same respectively become due and payable. An annual
appropriation shall be made in each year sufficient to pay the principal of and interest on
such obligations becoming due and payable in such year. There shall annually be
levied on all the taxable real property of said City, a tax sufficient to pay the principal of
and interest on such obligations as the same become due and payable.
Section 4. Subject to the provisions of the Local Finance Law, the power to authorize
the issuance of and to sell bond anticipation notes in anticipation of the issuance and
sale of the bonds herein authorized, including renewals of such notes, is hereby
delegated to the City Controller, the chief fiscal officer. Such notes shall be of such
terms, form and contents, and shall be sold in such manner, as may be prescribed by
said City Controller, consistent with the provisions of the Local Finance Law.
Section 5. The powers and duties of advertising such bonds for sale, conducting the
sale and awarding the bonds, are hereby delegated to the City Controller, who shall
advertise such bonds for sale, conduct the sale, and award the bonds in such manner
as he shall deem best for the interests of the City; provided, however, that in the
exercise of these delegated powers, he shall comply fully with the provisions of the
Local Finance Law and any order or rule of the State Comptroller applicable to the sale
of municipal bonds. The receipt of the City Controller shall be a full acquittance to the
purchaser of such bonds, who shall not be obliged to see to the application of the
purchase money.
Section 6. All other matters, except as provided herein relating to such bonds,
including determining whether to issue such bonds having substantially level or
declining debt service and all matters related thereto, prescribing whether manual or
facsimile signatures shall appear on said bonds, prescribing the method for the
recording of ownership of said bonds, appointing the fiscal agent or agents for said
bonds, providing for the printing and delivery of said bonds (and if said bonds are to be
executed in the name of the City by the facsimile signature of the City Controller,
providing for the manual countersignature of a fiscal agent or of a designated official of
the City), the date, denominations, maturities and interest payment dates, place or
places of payment, and also including the consolidation with other issues, shall be
determined by the City Controller. It is hereby determined that it is to the financial
advantage of the City not to impose and collect from registered owners of such serial
bonds any charges for mailing, shipping and insuring bonds transferred or exchanged
by the fiscal agent, and, accordingly, pursuant to paragraph c of Section 70.00 of the
Local Finance Law, no such charges shall be so collected by the fiscal agent. Such
bonds shall contain substantially the recital of validity clause provided for in section
52.00 of the Local Finance Law and shall otherwise be in such form and contain such
recitals in addition to those required by section 52.00 of the Local Finance Law, as the
City Controller shall determine.
Section 7. The validity of such bonds and bond anticipation notes may be contested
only if:
1) Such obligations are authorized for an object or purpose for which said City is not
authorized to expend money, or
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2) The provisions of law which should be complied with at the date of publication of
this resolution are not substantially complied with, and an action, suit or proceeding
contesting such validity is commenced within twenty days after the date of such
publication, or
3) Such obligations are authorized in violation of the provisions of the Constitution.
Section 8. This resolution shall constitute a statement of official intent for purposes of
Treasury Regulations Section 1.150-2. Other than as specified in this resolution, no
monies are, or are reasonably expected to be, reserved, allocated on a long-term basis,
or otherwise set aside with respect to the permanent funding of the object or purpose
described herein.
Section 9. This resolution, which takes effect immediately, shall be published in
summary form in the Ithaca Journal, the official newspaper, together with a notice of
the City Clerk in substantially the form provided in Section 81.00 of the Local Finance
Law.
A roll call vote resulted as follows:
Alderperson Brock: Aye Alderperson McGonigal: Aye
Alderperson Nguyen: Aye Alderperson Murtagh: Aye
Alderperson Gearhart: Aye Alderperson Fleming: Aye
Alderperson Smith: Aye Alderperson Lewis: Aye
Alderperson Mohlenhoff: Aye Alderperson Kerslick: Absent
Carried Unanimously (9-0)
10.3 City Controller’s Report:
City Controller Thayer stated that he would distribute his report to Common Council via
e-mail in deference of the business that still needs to be conducted.
Alderperson Mohlenhoff left the meeting at 8:45 pm.
PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE:
9.1 2019-2023 Consolidated Plan Adoption – Housing and Urban Development
(HUD) Entitlement Program - Resolution
By Alderperson Murtagh: Seconded by Alderperson Nguyen
WHEREAS, in the Fall of 2003, the U.S. Department of Housing and Urban
Development (HUD) notified the City that it qualified as an ‘Entitlement Community’ and
it would be receiving an annual allocation of HUD funds through the Community
Development Block Grant Program (CDBG) and HOME Investment Partnerships
(HOME) Program; and
WHEREAS, in order to access these funds, the City is required to undertake a public
input process and prepare a Consolidated Plan, which identifies priority community
development needs for the City of Ithaca, every five years; and
WHEREAS, the City’s fourth Consolidated Plan is required to be submitted to HUD by
June 16, 2019; and
WHEREAS, under the terms of the February 14, 2013 agreement between the City of
Ithaca and the Ithaca Urban Renewal Agency (IURA), the City has designated the IURA
as the Lead Agency to develop and administer the Consolidated Plan on behalf of the
City; and
WHEREAS, the Consolidated Plan may only be adopted by the City of Ithaca after it
has undergone a 30-day public comment period and been the subject of two Public
Hearings; and
WHEREAS, the first Public Hearing was held before the IURA on March 28, 2019, and
the second Public Hearing was held at the Planning and Economic Development
Committee of Common Council on May 8, 2019; and
June 5, 2019
11
WHEREAS, the IURA adopted the draft Consolidated Plan at its April 18, 2019 meeting
and recommended that Common Council approve it; and
WHEREAS, the 30-day public comment period for the Consolidated Plan ends on May
31, 2019; and
WHEREAS, any additional public comment received will be incorporated into a revised
draft version of the Consolidated Plan; now, therefore be it
RESOLVED, That the Common Council of the City of Ithaca hereby adopts the draft
Consolidated Plan, dated April 18, 2019; and, be it further
RESOLVED, That the Common Council authorizes the Mayor, subject to review by the
City Attorney, to execute certifications and any other documents necessary to submit
the Consolidated Plan to HUD.
Alderperson McGonigal thanked Deputy Community Development Director Mendizabal
for the excellent report and for advocating for new recreational facilities on West Hill.
He noted that developing economic and employment opportunities is very important to
him, and this plan addresses those issues.
Alderperson Lewis also thanked Deputy Community Development Director Mendizabal
for her leadership and work on this plan.
A vote on the Resolution resulted as follows:
Carried Unanimously (8-0)
9.2 Adoption of the Draft 2019 Action Plan ― HUD Entitlement Program -
Resolution
By Alderperson Murtagh: Seconded by Alderperson Nguyen
WHEREAS, the City of Ithaca (City) is eligible to receive an annual formula allocation of
funds to address community development needs through the U.S. Department of
Housing & Urban Development (HUD) Entitlement Program from the Community
Development Block Grant (CDBG) program and the HOME Investment Partnerships
(HOME) program funding sources; and
WHEREAS, the City has contracted with the Ithaca Urban Renewal Agency (IURA) to
administer, implement, and monitor the City’s HUD Entitlement Program in compliance
with all applicable regulations; and
WHEREAS, on an annual basis, an Action Plan must be submitted to HUD to access
HUD Entitlement Program funding allocated to the City; and
WHEREAS, the 2019 Action Plan identifies a specific list of budgeted community
development activities to be funded from the 2019 HUD Entitlement Program allocation
and associated funds administered by the IURA; and
WHEREAS, the following funding is available to be allocated through the 2019 Action
Plan:
$688,397.00 CDBG 2019 allocation
$107,000.00 CDBG 2019 projected Program Income
$ 26,786.99 CDBG recaptured/unallocated funds
$305,972.00 HOME 2019 allocation
$ 97,022.70 HOME 2018 Community Housing Development Organization
(CHDO) reserve
$ 4,309.08 HOME 2017 Community Housing Development Organization
(CHDO) reserve
$ 5.00 HOME recaptured/unallocated funds
$1,229,492.77 Total
; and
June 5, 2019
12
WHEREAS, the IURA utilized an open and competitive project selection process for
development of the 2019 Action Plan in accordance with the City of Ithaca Citizen
Participation Plan; and
WHEREAS, the IURA developed a draft 2019 Action Plan for public comment and
Common Council consideration; and
WHEREAS, a public hearing on the draft Action Plan was held on May 8, 2019; now,
therefore be it
RESOLVED, That the Common Council for the City of Ithaca hereby adopts the Draft
2019 City of Ithaca Action Plan, dated April 18, 2019, for allocation of the City’s 2019
HUD Entitlement Program award along with associated funds listed above; and, be it
further
RESOLVED, that the Ithaca Urban Renewal Plan shall be amended to include activities
funded in the adopted 2019 Action Plan.
Alderperson Nguyen noted that he has had the privilege of seeing these funds in action
and they are a vital resource to the community.
A vote on the Resolution resulted as follows
Carried Unanimously (8-0)
9.3 Proposed Planned Unit Development Application - Park Grove Realty and
Cayuga Medical Center - Common Council Conditional Approval Resolution
By Alderperson Murtagh: Seconded by Alderperson Nguyen
WHEREAS, on April 4, 2018, the Common Council adopted legislation creating a
Planned Unit Development Overlay District (PUDOD); and
WHEREAS, on February 19, 2019, Whitham Planning and Design submitted an
application on behalf of Park Grove Realty and Cayuga Medical Center for
consideration of the establishment of a Planned Unit Development District at Carpenter
Circle, City of Ithaca Tax Parcel numbers 36.-1-3.3 and 36-1-3.5; and
WHEREAS, the applicant has stated that the project could not proceed under the
existing zoning due to setback and height requirements; and
WHEREAS, the applicant is proposing to develop a new urban neighborhood,
comprised of a medical facility, one 4-story residential building, and two 6-story mixed
use buildings containing ground floor commercial space, parking, and 4 stories of
residential apartments; and
WHEREAS, the applicant will further develop interior neighborhood streets, pedestrian
and transit connections, shared parking, play areas, and green space; and
WHEREAS, the applicant will relocate, reconfigure and make improvements to the
onsite community gardens and establish a permanent site for the gardens equal in size
to what currently exists on the project site; and
WHEREAS, the total proposed development contains approximately 64,000 SF of
medical office space, 208 new housing units, 42 of which will be designated as
affordable units, 414 surface parking spaces, and 193 garage spaces; and
WHEREAS, the Planning and Economic Development Committee requested the
applicant explore ways to reduce the number of parking spaces, increase the number of
shade trees, and add screening along the rear property line and in the parking areas;
and
WHEREAS, the Planning and Economic Development Committee requested that the
applicant ensure that the project will provide the Community Gardens with an equal
June 5, 2019
13
amount of space as currently exists, and include a dental clinic that accepts Medicaid;
and
WHEREAS, the project is intended to provide the following benefits to the community:
1. Provide a permanent and improved space for the Community Gardens,
2. Generate approximately 150 new jobs,
3. Build approximately 40 units of housing that would be priced to be affordable to
those earning 50-60% of AMI,
4. Provide high-quality public amenities, including improved pedestrian, transit, and
bicycle access throughout the site, and public spaces including open green
space, plazas for events and/or outdoor dining, a playground, and storm water
management gardens featuring native plantings,
5. Create an improved gateway into the City of Ithaca on Route 13 North,
6. Align with the City’s Comprehensive Plan and ongoing planning related to the
Route 13 corridor and the Waterfront Zone
; and
WHEREAS, in accordance with the adopted City process for consideration of a PUD,
notice of the proposal was circulated by mail to all properties within 500’ of the project
site and a public information session was held on Monday, April 8, 2019; and
WHEREAS, the meeting was advertised in the Ithaca Journal and on the City’s web site
and the property was posted with the appropriate signage; and
WHEREAS, the process for consideration of an application for a Planned Unit
Development requires that the applicant obtain an approval, in concept only, from the
Common Council prior to beginning the site plan review process; now, therefore be it
RESOLVED, That the City of Ithaca Common Council does hereby grant approval, in
concept only, to Park Grove Realty and Cayuga Medical Center for their application to
establish a Planned Unit Development District on City of Ithaca Tax Parcel numbers
36.-1-3.3 and 36-1-3.5; and, be it further
RESOLVED, That by granting an approval, in concept, the Common Council
acknowledges that the applicant is able to begin the site plan review process despite
any zoning-based deficiencies in the application; and, be it further
RESOLVED, That the Common Council does hereby request that the City of Ithaca
Planning and Development Board update the Common Council after each Planning
Board meeting where this project is considered and request ongoing written comments
from the Common Council about the project; and, be it further
RESOLVED, That the Common Council strongly encourages the project developers to
incorporate a dental clinic that accepts Medicaid; and, be it further
RESOLVED, That if this project receives a negative declaration of environmental
significance and contingent site plan approval, the applicant will return to the Common
Council for final consideration of the adoption of the Planned Unit Development District.
Alderperson Murtagh explained that the language regarding the inclusion of a dental
clinic that will accept Medicaid came from the Northside United Neighborhood
Association who is very interested in having a medical facility located downtown that will
accept Medicaid eligible patients.
Alderperson Brock noted that Planned Unit Development applications usually include
schematics and images of how the buildings fit on the property and how they scale to
the neighborhood; however, Council hasn’t received those. She requested
confirmation that Council is only being asked to approve the PUD in concept, and would
be asked to grant final approval at a later date.
June 5, 2019
14
Economic Development Planner Kusznir affirmed that the only thing being considered
tonight is whether Council believes that the proposed benefits to the community are
worth proceeding with a proposed zoning change. Planning and Development Director
Cornish added that Council is being asked whether they support the concept of having a
medical facility in that area along with housing. The Planning Board will scrutinize the
design and site plan issues.
Planning and Development Director Cornish further explained that if the project could
not obtain funding and the affordable housing element was no longer included,
Common Council could deny the project because it did not match the original proposal.
The developers are expected to be checking in with Council as they are working with
the Planning Board. Project funding will be applied for throughout the process.
Discussion followed on the floor regarding whether the affordable housing element
should be separated out from the medical center PUD. City Attorney Lavine confirmed
that Common Council has the option of deciding whether they want to have two
separate PUD applications for this project, and further explained that they could also
insert additional requirements into its PUD approval. These requirements could either
delay approval until the affordable housing element has been funded or include other
funding options that would force the inclusion of affordable housing.
Alderperson Fleming stated that the project includes a lot of impermeable space
including the 413 parking spaces and voiced her hope that the Planning Board could
work on reducing that amount. She further inquired about the mechanism that would
allow the Community Gardens to have a permanent home. City Attorney Lavine
responded that the Community Gardens could ultimately own the property; engage in
an option to own the property; or could commit to a long-term lease with the City.
Alderperson McGonigal referenced the Waterfront District Zoning deliberations and the
5-story height limit. He noted that this is the first major development since the new
zoning regulations have been established and it includes a proposed zoning change
with even taller buildings. He suggested that a smaller project might have less parking
and impermeable space. Planning and Development Director Cornish explained that
this project required several small variances. The options were to go to the Board of
Zoning Appeals (BZA) to request the variances or apply for a PUD. She felt that the
PUD was the better path for this project as Common Council wouldn’t have any
involvement if the developers had simply gone to the BZA. Scott Whitham, Project
Designer, explained that the increased height proposal is due to putting two levels of
parking underneath the buildings, to reduce the amount of surface parking, and noted
that the soil conditions are challenging on the site.
Alderperson Brock clarified that all three of the proposed buildings would exceed the
current zoning. She stated that she would not be voting in support of the PUD; however,
she does support the community benefits being proposed: medical facility, affordable
housing, etc. She further noted that she does not support any housing that is located
adjacent to the Wastewater Treatment Plant, the railroad tracks, and petroleum storage.
Alderperson Lewis stated that the public has called for the development of additional
housing. She voiced her support for this plan as it will provide much needed housing in
the City, and a permanent home for the Community Gardens. She voiced her support
for a dental facility that will take Medicaid and noted that the potential for the creation of
jobs is a real plus. She agreed that too much surface parking is being proposed but
voiced her confidence in the design and site plan processes.
Alderperson Murtagh stated that he agrees with Alderperson Lewis and supports the
PUD in concept. He noted that he has concerns about the design of project and the
amount of parking, but the list of community benefits exceeds them. He further
commented that a mixed- use development is what the community was looking for, and
this is also an opportunity to resolve the issue of finding a permanent home for the
community gardens.
June 5, 2019
15
Alderperson McGonigal asked what the zoning process would be. Planning and
Development Director Cornish responded that the Planning Board would work on the
design process with updates to Common Council. Common Council will have the final
project approval, but she hopes that concerns can be addressed throughout the review
process.
Alderperson Brock noted that the Planning Board is in the driver’s seat on this project
and if it is approved in concept, Council would be approving what is being proposed.
Alderperson Murtagh voiced his disagreement and noted that Common Council
approves zoning regulations for a reason. The Planning Board will review this project
very carefully. He stated that he feels strongly about affordable housing and is not sure
that he would approve this project without it being included. He also stated that the
developers will need to address the parking/impermeable surface issues.
Alderperson Nguyen stated that he agrees with Alderperson Lewis, noting that he does
not have an issue with the size of the project; however, he shares the concerns about
parking.
Alderperson Fleming stated that she would reluctantly support the PUD application,
acknowledging that it is a very large but difficult site. She supports the community
benefits that this project would bring.
A vote on the Resolution resulted as follows:
Ayes (7) McGonigal, Murtagh, Nguyen, Gearhart, Fleming, Smith, Lewis
Nays (1) Brock
Carried (7-1)
9.4 Approval of E- Scooter Pilot Program - Resolution
By Alderperson Murtagh: Seconded by Alderperson Smith
WHEREAS, The City of Ithaca Planning and Economic Development Committee
(PEDC) asked the Mobility, Accessibility, and Transportation Commission (MATCom) to
research several facets of e-scooter implementation to help the City of Ithaca determine
whether and how to launch an e-scooter sharing pilot program; and
WHEREAS, e-scooters represent an exciting opportunity for the City of Ithaca, and a
pilot program for e-scooter sharing would allow the City to observe how e-scooter
sharing impacts Ithaca and to collect ridership data without tying the City to a
permanent decision; and
WHEREAS, MATCom recommended a pilot e-scooter sharing program be conducted
from May 2019 through mid-November 2019, and that the pilot should be monitored on
a weekly basis; and
WHEREAS, MATCom recommended establishing an exclusive agreement with one e-
scooter provider, Lime; and
WHEREAS, an MOU regarding e-scooters should follow the guidelines outlined by
NACTO and amended by Council and should establish clear regulations regarding e-
scooter usage; and
WHEREAS, Ithaca should consider requiring Lime to maintain a minimum fleet of
bicycles, both pedal and e-bikes, along with the e-scooter program, to meet the needs
of the entire community; and
WHEREAS, Common Council supports stipulations requiring e-scooter providers to
ensure e-scooters are distributed among a variety of neighborhoods on the Flats of the
City, as equitable distribution and usage of e-scooters can potentially provide a new,
affordable mode of transportation to those who need it most; now, therefore be it
June 5, 2019
16
RESOLVED, That the Common Council of the City of Ithaca authorizes Lime to conduct
a pilot program, beginning in the Spring of 2019, to assess the functionality of e-
scooters as it pertains to the city of Ithaca; and, be it further
RESOLVED, That authorization is contingent upon Lime’s maintenance of a minimum
fleet of bicycles in the community and the equitable distribution of scooters across the
Flats of the City; and, be it further
RESOLVED, That Common Council authorizes the Mayor, together with the City
Attorney, to establish a Memorandum of Understanding (MOU) with Lime prior to
implementation of the e-scooter pilot program; and, be it further
RESOLVED, That authorization is contingent upon (i) Lime’s maintenance of a
minimum fleet of bicycles in the community and the equitable distribution of scooters
across the Flats of the City; (ii) a maximum scooter speed of ten (10) miles per hour, (iii)
Lime’s implementation of a rider training plan with the goal of achieving lower proportion
of injuries incurred by first-time riders than seen in the May 2019 CDC report, (iv) Lime’s
implementation of a helmet promotion program that results in increased helmet use.
Alderperson Murtagh explained that the Planning and Economic Development
Committee held a lengthy discussion on this issue. He noted that Alderperson Brock
suggested additions to the City Code; however, the Committee concluded that
amendments to the City Code could be considered if the City decides to move forward
with the initiative after the pilot program.
Mayor Myrick noted that an alternate proposal has been distributed that amends the
language of the Resolution to state that the pilot program would only be allowed once
the use of e-scooters on streets has been legalized by New York State. He asked
Common Council members to indicate which version of the legislation they were more
comfortable with.
Alderperson Brock stated that she was not comfortable with either proposal without the
addition of language to the City Code as the Ithaca Police Department would not be
able enforce the use of e-scooters because there would be no law to enforce.
Mayor Myrick stated that he spoke with Acting Chief Nayor and Sgt. Tomberelli and they
recommended that the priority be placed on education to make enforcement easier, that
there be an amendment made to the V&T Chapter of the City Code, and that IPD be
involved in the negotiation of the MOU with Lime.
Alderperson Fleming stating that she would not support either Resolution as she does
not believe that the benefits of the program outweigh the costs (ie, potential injuries).
She cited inadequate street and sidewalk infrastructure, enforcement issues, and feels
that the scooters would be used for more for recreation vs. transportation. She also
noted that criteria had not been developed by which to evaluate the pilot program so it
could be used in the consideration of making this a permanent program. She voiced
her support for the inclusion of legislation in the City Code once New York State
legalizes the use of e-scooters on streets.
Alderperson Smith noted that he has also been skeptical of this initiative because of
safety issues, and the potential impact it would have on transportation trips but stated
that he thinks a trial should be initiated in the spirit of the Ithaca Green New Deal along
with an evaluation of the success of the program. He noted that there would be time to
work on the safety and enforcement issues before the MOU is finalized. He voiced his
support for the Mayor to bring the MOU back to Council for approval.
Alderperson Brock noted that the references to the Green New Deal may not be
relevant as her research has indicated that e-scooters are highly consumable and only
have an approximate 3-month life span. Many end up as garbage that are thrown into
the creeks and waterways. She stated that she doesn’t believe that a “last mile” is
needed on the flats as that is where the buses are located. She noted that she thinks
this program will be very popular and used for tourism and recreation but believes that
June 5, 2019
17
liability should be reviewed carefully, and legislation should be in place before anything
is done.
Mayor Myrick commented that he saw a lot of commuting utility in them in Washington
D.C. and stated that he would use them for “last mile” trips. He highlighted the use of
kiosks where people would have to obtain the scooters and receive training/education
and receive a helmet. He further cited the ability to set lower speed limits, the proposed
use of geo-fencing, and other safety features.
Alderperson Gearhart stated that he had the same concerns as Alderperson Fleming on
impacting behavior, the need to educate people in order to prevent injuries, and
enforcement issues. He noted that Common Council has a history of creating pilots and
not identifying which data and data collection system should be used during the
evaluation of program.
Alderperson Lewis thanked Alderpersons Fleming and Gearhart for articulating the
concerns that she shares. She noted that this initiative feels rushed and that there is
not enough data on the potential reduction of car trips due to Lime bikes or e-scooters.
She further voiced concerns about safety for pedestrians/cyclists/drivers/scooter users,
inadequate infrastructure, parking, and the use of e-scooters on sidewalks. She stated
that these issues should be resolved before approving a pilot. She further inquired as to
whether there would be a discussion regarding the authorization of fees for the use city
streets.
Motion to Extend Meeting
By Alderperson Lewis: Seconded by Alderperson Nguyen
RESOLVED, That the meeting be extended to 10:30 pm.
Ayes (7) Brock, Nguyen, Murtagh, Gearhart, Fleming, Smith, Lewis
Nays (1) McGonigal
Carried (7-1)
Alderperson Murtagh stated that he would support this Resolution with an amendment
that states that the Mayor would bring the MOU back to Council for final approval.
Mayor Myrick agreed to bring the MOU back to Council for approval and stated that he
would gather a small working group to work on the development of the MOU.
Discussion followed on the floor regarding the ability of the scooters to carry people up
the hills and the future of e-bikes. Lime Operations Manager Jeff Goodmark explained
that the future of e-bikes is unclear at this time and stated that there are three e-bike
companies in the country vs. 125 e-scooter companies.
Amending Resolution:
By Alderperson Murtagh: Seconded by Alderperson Smith
RESOLVED, That the third Resolved clause be amended to read as follows:
“RESOLVED, That Common Council authorizes the Mayor to execute, subject to the
approval of the City Attorney, an agreement with Lime authorizing implementation of an
e-scooter pilot program to begin no earlier than authorized by applicable state law, and
that said agreement return to Common Council for approval.”
Mr. Goodmark stated that he shares all of the concerns voiced tonight and safety is
paramount to the success of the program. He noted that Lime just implemented
scooters in Hoboken, NJ and during that process, he met with the Mayor and Chief of
Police regarding public education. He stated that he would bring some of their ideas
and their “lessons learned” to Ithaca. He noted that he would like to begin “Lime
Academies”, an educational outreach program, before the launch of the scooters. He
also stated that scooters would be plated with identification numbers, and safety cards
would hang on the scooters’ handlebars.
Alderperson McGonigal noted that IPD is not able to enforce the use of bicycles on the
sidewalks, so it is not realistic to expect that the police will be able to keep scooters off
of the sidewalks.
June 5, 2019
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Extensive discussion followed regarding the need for the minimum of a 2-week
education program, modifications to the Resolution and/or program to include the
restriction of e-scooters to the flat areas of the City, restricted speed limits for e-
scooters, low battery requirements, the inclusion of a fee for the use of city streets, and
a restriction on the use of e-scooters between a half hour before sunrise to a half hour
after sunset.
Further discussion followed regarding the language of the Amending Resolution.
Motion to Call the Question
By Alderperson Brock: Seconded by Alderperson Fleming
A motion to Call the Question on the Amending Resolution resulted as follows
Carried Unanimously
A vote on the Amending Resolution resulted as follows:
Ayes (6) Brock, McGonigal, Murtagh, Gearhart, Fleming, Smith
Nays (2) Nguyen, Lewis
Carried (6-2)
Discussion followed on the floor regarding how geo-fencing, out-of-zones, no parking
zones, and reduced speed zones work.
Main Motion as Amended
A vote on the Main Motion as Amended resulted as follows:
Ayes (6) Brock, McGonigal, Nguyen, Murtagh, Gearhart, Smith
Nays (2) Fleming, Lewis
Carried (6-2)
9.5 Resolution Supporting New York State (NYS) Emergency Tenant Protection
Act (ETPA) of 1974
By Alderperson Brock: Seconded by Alderperson Nguyen
WHEREAS, the City of Ithaca has documented and identified unmet need for affordable
housing opportunities to serve low and moderate income residents; and
WHEREAS, as a result, in 2018, Common Council amended the Community Investment
Incentive Tax Abatement Program (“CIITAP”) to expand its applicable boundaries and
to require new residential developments participating in the program of 10 units or more
to have a minimum of 20 percent of their housing units be affordable to households
earning up to 75 percent of the Area Median Income (“AMI”) calculated using the
average AMI of the 3 most recent years; and
WHEREAS, CIITAP is only one way to address housing affordability, and aside from the
new construction that is required to be affordable according to this program, currently
state law does not provide local authority to form a local board that would determine
annual allowable rental increases in order to protect tenants from arbitrary rent
increases; and
WHEREAS, according to recent data, 73% of the residents in the City of Ithaca are
renters, and the average vacancy rate is the lowest in Tompkins County at
approximately one percent; and further, over 50% of Tompkins County residents pay 30
percent or more of their income (a standard affordability metric) to pay their rent; and
June 5, 2019
19
WHEREAS, the New York State’s Emergency Tenant Protection Act (ETPA) of 1974
provides rental protections including rent stabilization whereby landlords are subject to
regulated rent increases1 and tenants have the right to renewal leases2; and
WHEREAS, under the current ETPA law only municipalities in Nassau, Westchester,
Rockland counties and New York City are eligible to adopt a form of rent stabilization,
resulting in rent protections only applying to tenants in 8 of the state’s 62 counties; and
WHEREAS, in 2019, New York State’s Emergency Tenant Protection Act (ETPA) of
1974 will be expiring, presenting an opportunity for our leadership in Albany to improve
and extend the tenants’ rights moving forward; now therefore be it
RESOLVED, That the City of Ithaca Common Council supports and endorses A7046
(Cahill)3 in the Assembly, and S5040 (Breslin)4 in the Senate which would strike the
geographic boundaries from the ETPA so that local governments across New York
State will have the option to apply the law to their areas of jurisdiction; 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.
Carried Unanimously (8-0)
Report of Chair:
Alderperson Murtagh announced that the Ithaca Police Department and Tompkins
County Sheriff’s Office Co-location Study and the Immaculate Conception School PUD
proposal would be on the agenda for the June 12, 2019 Planning and Economic
Development Committee meeting.
INDIVIDUAL MEMBER – FILED RESOLUTIONS:
13.1 Alderperson Murtagh - Ithaca Common Council Resolution Supporting
Reproductive Rights
By Alderperson Murtagh: Seconded by Alderperson Fleming
WHEREAS for nearly 50 years Roe v. Wade has been settled constitutional law in the
United States, upholding the individual’s right to privacy in healthcare decisions and the
right to access safe, legal abortion services; and
WHEREAS in 2019 Georgia, Alabama, and other states have passed extreme abortion
bans that are clearly meant as efforts to overturn Roe v. Wade, providing no exception
for cases of rape or incest; and
WHEREAS these bans threaten medical professionals with jail time for carrying out
legally-sanctioned abortions; and
WHEREAS in addition to being unconstitutional, these bans are not based on sound
medical or scientific practice and if enacted would put women’s lives at risk by
dramatically curtailing access to reproductive healthcare services, especially among
women with lower incomes and women of color; and
1 https://www1.nyc.gov/nyc-resources/service/2069/new-york-city-rent-increase
Market rate apartment rental rates and lease terms are negotiated between the owner and tenant. The
New York City Rent Guidelines Board (NYCRGB) determines rent increases for lease renewals of rent
stabilized apartments, lofts, hotels and single room occupancies (SROs). It does not set the rent increase
for vacancy leases, rent controlled apartments, unregulated apartments, or subsidized housing. Rent
increase percentages for rent stabilized apartments and lofts are adjusted each year.
For renewal leases beginning between October 1, 2018, through September 30, 2019, the rent increase
for rent stabilized apartment and loft renewals is:
● 1-year lease: 1.5%
● 2-year lease: 2.5%
2 https://www.nysenate.gov/legislation/laws/ETP
3 https://www.nysenate.gov/legislation/bills/2019/a7046
4 https://www.nysenate.gov/legislation/bills/2019/s5040
June 5, 2019
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WHEREAS a majority of people in the United States support legalized abortion,
including many conservative and religious leaders; and
WHEREAS, the State of New York recently enacted the Reproductive Health Act, which
codifies the constitutional standard of Roe v Wade in state law, removing abortion from
the criminal code and establishing it as a matter of public health; and
WHEREAS, Plan Ithaca, the City of Ithaca’s comprehensive plan, states that
“preventative, ongoing, and emergency healthcare will be available to all” and access to
reproductive healthcare is vital to ensuring the health and wellness of women and
families in Ithaca and Tompkins County; and
WHEREAS, in 2018 Planned Parenthood of the Southern Finger Lakes offered sexual
and reproductive healthcare and counseling services in more than 17,000 visits
throughout their region, including in their largest health center in the City of Ithaca; and
WHEREAS, Planned Parenthood of the Southern Finger Lakes would be directly
impacted by the rollback or reversal of Roe v. Wade; now, therefore be it
RESOLVED, That the City of Ithaca Common Council strongly condemns any effort at
local, state, or federal levels to roll back or overturn the rights guaranteed by Roe v.
Wade, specifically the rights of people to make their own reproductive health decisions
in consultation with their medical providers; and, be it further
RESOLVED, That the Common Council directs the City Clerk to send a copy of this
resolution to Assemblywoman Barbara Lifton, State Senator Tom O’Mara,
Congressman Tom Reed, US Senator Kirstin Gillibrand, and US Senator Charles
Schumer.
Carried Unanimously (8-0)
Alderperson Murtagh thanked Alderperson Lewis and the staff of Planned Parenthood
for their advocacy on this issue.
13.2 Mayor Myrick - Establishment of the Salary for the Acting Police Chief -
Resolution
By Mayor Myrick: Seconded by Alderperson Gearhart
WHEREAS, Police Chief Pete Tyler retired from the Ithaca Police Department on May
30, 2019; and
WHEREAS, Deputy Chief of Professional Standards Dennis Nayor agreed to serve as
Acting Chief, effective May 31, 2019; and
WHEREAS, the Acting Chief also continues to fulfill the duties of Deputy Chief of
Professional Standards; and
WHEREAS, Common Council has historically sought to avoid issues of internal salary
compression between supervisors and the employees whom they supervise; and
WHEREAS, according to Common Council resolution adopted May 3, 2017, after 30
days the Acting Chief's salary would be increased to Grade 12, Step 2 of the
Management Compensation Plan, which is lower than the salary of the Deputy Police
Chief who will supervised by the Acting Chief; and
WHEREAS, on September 28, 2019, in accordance with the aforementioned resolution,
the Acting Chief's salary would move to Grade 12, Step 3 of the Management
Compensation Plan; and
WHEREAS, to avoid the salary compression issue, it is recommended that the Acting
Chief’s salary be set at Grade 12, Step 3 after only 30 days; now, therefore be it
June 5, 2019
21
RESOLVED, That Common Council hereby authorizes the Acting Police Chief salary at
Grade 12, Step 3 of the Management Compensation Plan, effective June 30, 2019; and
be it further
RESOLVED, That the Acting Police Chief salary will remain at Grade 12, Step 3 until
the earlier of September 28, 2020, at which time it will move according to the resolution
adopted May 3, 2017, or upon the appointment of a permanent Police Chief.
Carried Unanimously (8-0)
MAYOR’S APPOINTMENTS:
14.1 Appointment to Community Life Commission – Resolution
By Alderperson Lewis: Seconded by Alderperson Smith
RESOLVED, That Joy Das be appointed to the Community Life Commission to replace
Carlie McClinsey with a term to expire December 31, 2019.
Carried Unanimously (8-0)
MINUTES FROM PREVIOUS MEETINGS:
18.1 Approval of the May 1, 2019 Common Council Meeting Minutes –
Resolution
Approval of the minutes of the May 1, 2019 Common Council meeting was deferred
until the July 3, 2019 meeting.
ADJOURNMENT:
On a motion the meeting adjourned at 10:45 p.m.
______________________________ _______________________________
Julie Conley Holcomb, CMC Svante L. Myrick
City Clerk Mayor