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HomeMy WebLinkAboutMN-CA-2021-07-28CITY ADMINISTRATION COMMITTEE CITY OF ITHACA, NEW YORK Regular Meeting 6:00 p.m. July 28, 2021 PRESENT: Alderperson Mohlenhoff – Chair Alderpersons (3): Kerslick, McGonigal, Nguyen EXCUSED: Alderpersons (1): Gearhart OTHERS PRESENT: Alderpersons (2) – Fleming, Lewis Planning Director – Cornish Fire Chief – Parsons Deputy Director of Economic Development – Knipe Transportation Engineer – Cuddihy Assistant City Attorney – Flaherty City Attorney – Lavine Controller – Thayer Campanelli & Associates – Campanelli 1. Call to Order 1.1 Agenda Review. None. 1.2 Review/Approval of Minutes: Alderperson Kerslick made a motion to approve the minutes from the June 23, 2021 meeting of the City Administration Committee. Seconded by Alderperson McGonigal. Motion carried 4-0. 1.3 Statements from the Public Faye Gougakis, Ithaca resident, expressed her concerns about rules on public speaking at City meetings, rules on the Commons not being enforce, downtown construction, lime bikes and how the City has been operating during the pandemic. Carmel Romm, Town of Ithaca resident, expressed concerns about the change in distance between the towers from 1,500 feet, which was mentioned at the last meeting, to 50 feet, which is what is listed in the current draft and asked that schools and day care centers be added to the standards. Carmel asked the City to protect the health of children when making the decision about the placement of cell towers. Maytella Novak, Ithaca resident, spoke about the 5G cell towers and the location of the towers especially as it relates to the wellbeing of children. Allison DeSario, Ithaca resident, thanked the Committee for the changes made to the proposal such as the general liability insurance without pollution exclusion. Allison expressed concern about the change in distance between towers from 1,500 feet to 50 feet and asked for the reason in the change. Allison City Administration Committee Meeting July 28, 2021 Page 2 stated that the City should conduct random radiation testing paid for by the telecoms and asked that the City keep people safe. April Peress expressed concerns that the codes do not provide protection for the public from the cell towers. What happened to the 1,500 feet between towers? April asked that day care centers and schools be added to the standards as well as requiring radiation testing overseen by the City. Irina Peress stated that the draft was not following the report submitted by Campanella. There are too many loopholes that telecoms could use to get around other codes. Variances should be used for a gap in service, which would tighten up the loopholes. Lisa Bertuzzi appreciated some of the changes made to the proposal, especially the general liability insurance without pollution exclusion clause. Lisa expressed her disappointment of the change in the distance between towers. How did the City decide on 50 feet (from the 1,500 feet from last month)? Lisa asked that schools and day care centers be added to the standards. Andrew Molnar spoke about the 5G cell towers. The City heard the public express comments about the towers, the placement of them or whether they are needed in Ithaca. Since Common Council represents the citizens, will they act appropriately? Marie Molnar was surprised to see the changes from the last meeting, especially as it relates to changing the distance between cell towers from 1,500 feet to 50 feet. Marie stated that information provided to the City was based on data. She talked about the variance clause and made suggestions on how it could be addressed. Rebecca Holland expressed concern about cell towers being placed close to homes and the affect that it would have on children. Eisah spoke and expressed comments about the cell towers. Joe Marshall, Trumansburg resident, asked if there are studies to prove that having cell towers is safe or is needed. He suggested that long term research should be done to reduce exposure. 1.4 Statements from Employees. None. 1.5 Council Response Alderperson McGonigal thanked the public for their comments and stated that he, too, wanted to know why there was a changed in the distance between towers from 1,500 feet to 50 feet. 2. Special Item 2.1 Draft 5G Legislation Approval After a discussion with Campanella, the Committee suggested changes that staff could make to the 5G Legislation. City Administration Committee Meeting July 28, 2021 Page 3 3. Consent Agenda Items 3.1 YB – Amendment to Personnel Roster Moved by Alderperson Kerslick. Seconded by Alderperson Nguyen. WHEREAS, The Youth Bureau is planning for the anticipated retirement of the Fiscal Manager at the end of 2021; and WHEREAS, the succession plan includes hiring a new Fiscal Manager before the end of the year to ensure the smooth transition of information and duties; and WHEREAS, the Youth Bureau has worked closely with HR and received approval from the Civil Service Commission to create a Fiscal Manager position; now, therefore, be it RESOLVED, That the Personnel Roster of the Youth Bureau shall be amended effective August 1, 2021, as follows: Add: One (1) Fiscal Manager 40 hours and, be it further RESOLVED, That any existing funds associated with this change will come from within the approved 2021 Ithaca Youth Bureau budget. A vote on the resolution resulted as follows: Passed 4-0. 4. Action Items 4.1 A resolution authorizing implementation and funding in the first instance 100% of the federal aid- eligible costs and State “Marchiselli” program-aid eligible costs, of a transportation federal-aid project, and appropriating funds therefore Moved by Alderperson Nguyen. Seconded by Alderperson Kerslick. WHEREAS, the City of Ithaca has been awarded a discretionary BUILD grant from the U.S. Department of Transportation for the Cayuga Waterfront Revitalization Project (the “Project”); and WHEREAS, the Project is eligible for funding under Title 23 U.S. Code, as amended, and the City’s application for funding calls for the apportionment of the costs of the Project to be borne at the ratio of 50% Federal funds and 50% non-federal funds; and WHEREAS, the City of Ithaca desires to advance the Project by making a commitment of 100% of the non-federal share of the costs of Planning/Scoping and Preliminary Engineering/Design; and City Administration Committee Meeting July 28, 2021 Page 4 WHEREAS, preliminary engineering and design are exempt from further environmental review as Type II actions; now, therefore be it RESOLVED, That the Common Council hereby approves the above-subject project; and be it further RESOLVED, That the Common Council hereby authorizes the City of Ithaca to pay in the first instance 100% of the federal and non-federal share of the cost of Planning/Scoping and Preliminary Engineering/Design work for the Project or portions thereof, and be it further RESOLVED, That the sum of $1,500,000 is hereby appropriated from the issuance of serial bonds and made available to cover the cost of participation in the above phases of the Project, and be it further RESOLVED, That Common Council hereby creates Capital Project # 887, Cayuga Waterfront Revitalization Project, to include the Project costs of $1,500,000, and be it further RESOLVED, That in the event the full federal and non-federal share costs of the project exceeds the amount appropriated above, the Common Council of the City of Ithaca shall convene as soon as possible to appropriate said excess amount immediately upon the notification by the NYSDOT thereof, and be it further RESOLVED, That the Mayor of the City of Ithaca be and is hereby authorized to execute all necessary Agreements for the Project, and the Superintendent of Public Works is hereby authorized to execute all necessary certifications or reimbursement requests for Federal Aid on behalf of the City of Ithaca with the Federal Highway Administration and the New York State Department of Transportation in connection with the advancement or approval of the Project and providing for the administration of the Project and the municipality’s first instance funding of Project costs and permanent funding of the local share of federal-aid and state-aid eligible Project costs and all Project costs within appropriations therefore that are not so eligible, and be it further RESOLVED, That this project be undertaken with the understanding that the final cost of the Project to the City of Ithaca will be roughly 50% of said portion, currently estimated at $750,000 of the $1,500,000 authorized for this portion of the project, in monies and in-kind services as managed by the Superintendent of Public Works and monitored by the City Controller, and be it further RESOLVED, That a certified copy of this resolution be filed with the New York State Commissioner of Transportation by attaching it to any necessary Agreement in connection with the Project, and be it further RESOLVED, This Resolution shall take effect immediately. A vote on the resolution resulted as follows: Passed 4-0. 4.2 Proposed resolution to authorize NYSEG Easement Moved by Alderperson McGonigal. Seconded by Alderperson Nguyen. City Administration Committee Meeting July 28, 2021 Page 5 WHEREAS, NYSEG requires an easement to place certain power lines that serve the training facility for the Ithaca Fire Department underground, as depicted in Exhibit A (attached); and WHEREAS, City staff is supportive of the installation of underground lines; now, therefore, be it RESOLVED, That Common Council grants the permanent easement requested by NYSEG and authorizes and directs the Mayor to sign the necessary documents. A vote on the resolution resulted as follows: Passed 4-0. 4.3 2021 Room Tax Budget – Establishing New Revenue and Expenditure Accounts in the 2021 City of Ithaca Budget Moved by Alderperson Kerslick. Seconded by Alderperson Nguyen. WHEREAS, a City of Ithaca hotel room occupancy tax was established earlier this year to support the downtown conference center project, and lodging properties in the City have been collecting the tax since April 1, 2021, and room tax revenues are projected to be $994,817 in 2021; and WHEREAS, the City has executed an agreement with Tompkins County for the County to pay the City 4% of County room tax collections for 30 years beginning in 2021 for exclusive use for the conference center project, and 2021 County payments to the City for the conference center are projected to be $76,278; and WHEREAS, bond financing for the conference center project has closed, funding and lease agreements have been executed, and construction has begun on the downtown conference center project; and WHEREAS, the Downtown Ithaca Local Development Corporation (LDC) has been established to own and manage the conference center, and the LDC has developed a recommended 2021 room tax budget; and WHEREAS, a Fiscal Oversight Committee with majority City representation has reviewed and approved the recommended 2021 room tax budget which includes both LDC and City allocations; and WHEREAS, a highly qualified conference center operator, ASM Global, has been engaged and has provided the LDC with a budget to support pre-opening activities to ensure a successful opening of the conference center, including support for marketing, sales, design consulting, planning, and procurement among other pre-opening activities; and WHEREAS the recommended LDC budget for 2021 capitalizes various reserve accounts ($750,000), and supports both ASM and LDC pre-opening project expenses ($142,164), and the total LDC conference center budget for 2021 is $892,164; and WHEREAS, the City Controller is budgeting $20,000 in 2021 for room tax financial administration, and the 2021 room tax budget also includes a $100,000 contribution to the City Final Reserve account, to be held in a separately designated reserve account at the City; and City Administration Committee Meeting July 28, 2021 Page 6 WHEREAS, after subtracting the 2021 combined budgeted room tax expenses including City and LDC expenses ($1,012,164), from the combined budgeted room tax revenues including City room tax revenues and County conference center room tax payments ($1,071,095), a year-end unallocated room tax reserve balance of $58,931 is anticipated, and these unallocated room tax reserves would be available to be budgeted exclusively for conference center related expenses in a future budget year; and WHEREAS, a successful Community Conference Center project will be an asset for the City of Ithaca resulting in significant increased room tax and sales tax revenues, the addition of new direct and indirect jobs; significant economic impact beyond center operations through the purchase of supplies and services; an estimated 22,000 new room nights as well as annual visitation of over 63,000 after center operations are stabilized in year five; now, therefore, be it RESOLVED, That the City Controller is authorized to establish payment and accounting procedures for room tax revenues and expenses in support of the conference center project and in alignment with conference center funding agreements and standard city budgeting and accounting practices, and be it further RESOLVED, That new room tax revenue and expense accounts are established in the 2021 City general fund budget as follows: Revenue Account: A6989-1113 Tax on Hotel Room Occupancy 2021 Budget $1,071,095 Expense Account: A6989-5430 Other Econ. Dev. Fees $20,000 A6989-5435 Other Econ. Dev. Contact $892,164 Balance Sheet Accounts: A889 Reserve for City Room Tax $58,931 A890 Reserve for City Room Tax Final Reserve $100,000 RESOLVED, That in no case will 2021 room tax expenses exceed 2021 room tax revenues. A vote on the resolution resulted as follows: Passed 4-0. 5 Discussion 5.1 Cayuga Lake Watershed Intermunicipal Organization Annual Contribution Alderperson McGonigal asked that this item be added to the agenda. The City is the largest employer in the Cayuga Lake Watershed Intermunicipal Organization. This organization is interested in hiring a manager, who would search for grants and help improve water in the lake. To hire the manager, the City Administration Committee Meeting July 28, 2021 Page 7 dues would increase. After discussion, the consensus of the Committee was to add this item to the budget. 6 Meeting Wrap-up 6.1 Announcements. None. 6.2 Next Meeting Date: August 25, 2021. 6.3 Review, Agenda Items for Next Meeting. None. 6.4 Adjourn: With no further business and on a motion by Alderperson Kerslick, the meeting was adjourned at 8:45 p.m.