HomeMy WebLinkAboutMN-CC-2021-07-07COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 6:00 p.m. July 7, 2021
PRESENT:
Mayor Myrick
Alderpersons (10) Brock, McGonigal, Nguyen, Murtagh, Gearhart, Fleming, Smith,
Kerslick, Mohlenhoff, Lewis
OTHERS PRESENT:
Chief of Staff - Cogan
City Attorney – Lavine
City Clerk – Conley Holcomb
City Controller – Thayer
Fire Chief - Parsons
Deputy Director of Planning & Development - Nicholas
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
The following people addressed Common Council:
Monika Roth, City of Ithaca – Chair of the Parks, Recreation & Natural Areas
Commission gave a review of their 2020-2021 work plan.
Fay Gougakis, City of Ithaca – New processes requiring technology, Reimagining Public
Safety, noise on the Commons
Zachary Winn, City of Ithaca – Reimagining Public Safety concerns
Marty Hiller, City of Ithaca – Community Gardens / Carpenter Circle Planned Unit
Development
Bruce Adib-Yazdi - Asteri Parking Garage, Conference Center, and Affordable Housing
Construction Project
Eric Lerner, City of Ithaca – City Commissions
Nevin Sabet, Town of Ithaca – Public safety concerns
PRIVILEGE OF THE FLOOR – MAYOR AND COUNCIL:
Mayor Myrick thanked all of the speakers for coming to the meeting and responded to
comments made by Mr. Lerner regarding the Commissions. He stated that he agrees it
is time to reinstitute the Commissions.
Alderperson Lewis expressed her thanks to everyone who attended the meeting and
voiced her appreciation for meeting in person again. She responded to concerns
shared by Ms. Gougakis regarding the use of technology in the public meeting process.
Alderperson McGonigal thanked the speakers for sharing their thoughts and responded
to comments made by Mr. Winn regarding the members of the Reimagining Public
Safety Task Force. He further thanked the Friends of Newman Golf Course who
collected and donated $5,000 to the City to install an irrigation system. He further
described the damage that occurred to the golf course during the recent storms.
Mayor Myrick thanked the Friends of Stewart Park for their volunteer clean-up efforts
related to the storm damage in the park.
Alderperson Lewis thanked City staff for getting everyone through the pandemic
including the switch to remote meetings and changing back to in-person meetings with
little notice. She further echoed the expressions of gratitude to the Friends of Newman
Golf Course, the Friends of Stewart Park, and the DPW crews who all came together for
clean-up efforts in Stewart and Cass Parks, and Newman Golf Course. She noted that
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there is a lot of work ahead to recover from the pandemic, but it’s time to pause and
thank those who helped get everyone through the past 1.5 years.
Alderperson Brock commented on how much everything has changed in the past 15
months and recognized that many people in the community are struggling with a variety
of issues. She expressed her thanks to city staff and especially the Water & Sewer
Division, Water Treatment Plant, Wastewater Treatment Plant, and the Fire & Police
departments for their tremendous efforts in keeping the community safe and protected
during the pandemic. She noted that all departments are short-staffed and are trying to
maintain services. She further stated that Common Council takes the concerns
expressed tonight very seriously and also strives to support the police department while
endeavoring to move forward with positive change. Alderperson Brock responded to
the concerns voiced by Ms. Gougakis and offered the option of calling the City Clerk’s
Office for assistance if technology is an obstacle to participating in City meetings.
Alderperson Kerslick expressed his thanks to City staff, noting that very tough decisions
had to be made during the pandemic and many employees worked exceptionally hard
taking on additional jobs to keep as many public services going as they could. He
further thanked the public for their input in the Reimagining Public Safety Initiative,
stating that everyone worked hard on this issue and did their best to balance the issues
while providing a good direction moving forward. He thanked members of the public for
coming to the meeting and sharing their comments.
Mayor Myrick noted that quite a lot has been achieved during the last year and a half;
however, there is still much work ahead on issues such as public safety, governmental
structure, the commissions, the budget, etc.
Alderperson Murtagh responded to comments made regarding the Community Gardens
negotiations, noting that the Planning & Economic Development Committee passed the
legislation expecting that adjustments might need to be made.
CONSENT AGENDA:
CITY ADMINISTRATION COMMITTEE:
3.1 Youth Bureau – Amend 2021 Personnel Roster
By Alderperson Mohlenhoff: Seconded by Alderperson Nguyen
WHEREAS, The Youth Bureau is requesting permission to amend the 2021 personnel
roster and has worked with HR and determined these changes will better help us meet
the needs of our programming, funders and the community, and,
WHEREAS, the Youth Bureau requests to fund the vacant Recreation Administrator and
Recreation Leader Youth Program Leader on their roster, and,
WHEREAS, the newly funded positions will be filled through the internal promotion of
current staff and the positions they vacate will be unfunded; now, therefore, be it
RESOLVED, That the Personnel Roster of the Youth Bureau shall be amended
effective August 1, 2021 as follows:
Fund One (1) Recreation Administrator (40 hours)
Defund: One (1) Recreation Program Coordinator (35 hours)
Fund One (1) Recreation Program Leader (35 hours)
Defund: One (1) Recreation Program Assistant (35 hours)
and, be it further
RESOLVED, That any additional funds associated with this change will come from
within the approved 2021 Ithaca Youth Bureau budget.
Carried Unanimously
July 7, 2021
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3.2 Youth Bureau – Request to Amend Budget
By Alderperson Mohlenhoff: Seconded by Alderperson Nguyen
WHEREAS, the Youth Bureau is planning for summer programs and services after
being closed the previous summer due to COVID and its financial impacts, and
WHEREAS, the Youth Bureau has received a grant in the amount of $10,000 to assist
in rebuilding programs and services, and
WHEREAS, these funds will help purchase needed supplies to meet COVID protocols,
hire extra staff for COVID cleaning and staff training so that facilities can open; now
therefore, be it
RESOLVED, That the 2021 Youth Bureau Budget shall be amended as follows:
Increase Expenses:
A7310-5460-01313 Program Supplies $3,000
A7310-5120-01400 Part-time Seasonal $1,000
A7310-5460-01400 Program Supplies $550
A7310-5460-1203 Program Supplies $2,550
A7310-5460-1221 Program Supplies $2,900
Increase Revenues:
A7310-2705-01313 Donations $3,000
A7310-2705-01400 Donations $1,550
A7310-2705-01203 Donations $2,550
A7310-2705-01221 Donations $2,900
Carried Unanimously
3.3 Youth Bureau – Request to Amend Budget
By Alderperson Mohlenhoff: Seconded by Alderperson Nguyen
WHEREAS, The Ithaca Youth Bureau Youth Employment Service program plans to
provide employment assistance and summer jobs to teens during the 2021 summer
season, and
WHEREAS, the Youth Bureau will receive $75,004 from the Joint Youth Commission
and the Town of Ithaca to fund summer youth employment, and
WHEREAS, the Youth Bureau Summer Youth Employment Services is excited to
expand their program to serve more teens, and
WHEREAS, The Youth Bureau requests amendments to the 2021 budget in order to
meet the contractual obligations of the funding awarded; now, therefore be it
RESOLVED, That the Youth Bureau 2021 budget be amended as follows:
Increase Revenues:
A7310-2350-1202 Youth Employment Service $74,004
A7310-2350-1400 Administration $1,000
$75,004
Increase Expenses:
A 7310-5120-1202 Part time/Seasonal $62,376
A 7310-5425-1202 Office Supplies $1,370
A 7310-5445-1202 Travel & Mileage $677
A7310-5460-1202 Program Supplies $1,380
A7310-5425-1400 Office Expense $1,000
A7310-9010 Retirement $310
A7310-9030 FICA/Medicare $4,772
A7310-9040 Workers Comp $3,119
$75,004
Carried Unanimously
July 7, 2021
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3.4 Youth Bureau – Request to Amend Budget
By Alderperson Mohlenhoff: Seconded by Alderperson Nguyen
WHEREAS, The Ithaca Youth Bureau Youth Employment Service program plans to
provide employment assistance and summer jobs to teens during the 2021 summer
season, and
WHEREAS, the Youth Bureau is anticipated to receive $181,139.00 from the Tompkins
County Workforce Investment Board to fund summer youth employment, and
WHEREAS, the Youth Bureau Youth Employment Services is excited to expand their
program to serve more teens this summer, and
WHEREAS, The Youth Bureau requests amendments to the 2021 budget in order to
meet the contractual obligations of the funding awarded; now, therefore be it
RESOLVED, That the Youth Bureau 2021 budget be amended as follows:
Increase Revenues:
A7310-4820-1202 Youth Employment Service $176,139
A7310-4820-1400 Administration $5,000
$181,139
Increase Expenses:
A 7310-5120-1202 Part time/Seasonal $149,990
A 7310-5425-1202 Office Supplies $1,540
A 7310-5440-1202 Staff Development $1,000
A 7310-5445-1202 Travel & Mileage $1,550
A 7310-5460-1202 Program Supplies $2,200
A 7310-5437-01400 Merchant Services $1,000
A 7310-5440-01400 Staff Development $1,000
A 7310-5425-01400 Office Expense $1,000
A 7310-5460-01400 Program Supplies $1,000
A 7310-5476-01401 Equipment Maintenance $1,000
A7310-9010 Retirement $885
A7310-9030 FICA/Medicare $11,474
A7310-9040 Workers Comp $7,500
$181,139
Carried Unanimously
3.5 WWTP – Request for Chief Operator Position
By Alderperson Mohlenhoff: Seconded by Alderperson Nguyen
WHEREAS, the current Chief Wastewater Treatment Plant Operator in the Water &
Sewer Division of the Department of Public Works is anticipating retirement in the
Spring of 2022, and
WHEREAS, the Chief Wastewater Treatment Plant Operator position is a highly
specialized, key position in the Department of Public Works, with significant
recordkeeping, operational, management, and regulatory duties, such that a new hire
would have a difficult time starting the position without the benefit of training from the
existing Chief Wastewater Treatment Plant Operator, and
WHEREAS, a loss of continuity in the Chief Wastewater Treatment Plant Operator
position would significantly disrupt management, operations, maintenance, and repair of
the Ithaca Area Wastewater Treatment Plant, and
WHEREAS, the Department of Public Works has (and will have) available funds in its
2021 (and 2022) budget to overlap this position, allowing the new Chief Wastewater
Treatment Plant Operator to work with the current Chief Wastewater Treatment Plant
Operator for up to 6 months to learn facility-specific aspects of the job; now, therefore
be it
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RESOLVED, That the personnel roster of the Department of Public Works be amended
as follows:
Add: One (1) Chief Wastewater Treatment Plant Operator position
and be it further
RESOLVED, That upon the retirement of the current Chief Wastewater Treatment Plant
Operator, the redundant position shall be removed from the roster on the date of
retirement, and be it further
RESOLVED, That the redundant Chief Wastewater Treatment Plant Operator position
will be funded through the transfer of funds from within Account J8150-5110, which
currently has unused funds from other vacant positions.
Carried Unanimously
CITY ADMINISTRATION COMMITTEE ITEMS:
4.1 An Ordinance to Amend Chapter 232 of the City of Ithaca Municipal Code
entitled “Licensing of Businesses and Occupations” Regarding Taxicab Rates
By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick
ORDINANCE NO. 2021 -
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca that
Section 232-70 of the City of Ithaca Municipal Code, entitled “Taxicab Rates”, be hereby
amended as follows:
Section 1. Chapter 232, Section 232-70, is hereby amended to read as follows:
§ 232-70 Taxicab rates.
A. The rate for taxicab fares that originate and terminate within the City of Ithaca
between the daytime hours of 6:00 a.m. and 6:00 p.m. shall be $7.50. $8.50. The rate
for taxicab fares that originate and terminate within the City of Ithaca between the
nighttime hours of 6:00 p.m. and 6:00 a.m. shall be $8 $9.00.
B. Except as otherwise provided in Subsection D below, the prices that may be charged
by the owners or drivers of taxicabs for the transportation of a passenger within the City
shall not exceed the cumulative, applicable amounts. Taxicab rates shall be reviewed
by Common Council at the request of an owner of a licensed taxicab company but not
more than once every calendar year. The following notice shall be conspicuously posted
in full view of passengers: "Rate maps and schedules for fares that originate in the City
of Ithaca are available upon request from the driver of this taxicab, according to City
ordinance."
C. Rates for trips outside of the City of Ithaca. The taxicab rate for standard fares that
originate within the City but terminate outside of the City shall be as follows:
(1)East Hill Plaza: $11 $12.
(2)Cayuga Medical Center: $11 $12.
(3)Malls/Triphammer area: $12 $13.
(4)Convenient Care: $15 $16.
(5)Ithaca College: $11 $12.
(6)Tompkins County Airport: $17.50 $18.50.
(7)TC3: $31 $32.
(8)Trumansburg: $30 $31.
Section 2. Severability. Severability is intended throughout and within the provisions of
this local law. If any section, subsection, sentence, clause, phrase or portion of this
local law is held to be invalid or unconstitutional by a court of competent jurisdiction,
then that decision shall not affect the validity of the remaining portion.
Section 3. Effective date. This ordinance shall take effect immediately and in
accordance with law upon publication of notices as provided in the Ithaca City Charter.
Carried Unanimously
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4.2 An Ordinance to Amend Chapter 280 of the City of Ithaca Municipal Code
Entitled “Outdoor Smoking”
By Alderperson Mohlenhoff: Seconded by Alderperson Smith
WHEREAS on March 31, 2021, Governor Cuomo signed into law the Marihuana
Regulation and Taxation Act legalizing the possession and use of cannabis, and
WHEREAS the City Code regulates Outdoor Smoking of tobacco products to “reduce
the proximate exposure of the public, especially children, to the hazards and annoyance
of second-hand tobacco smoke” in certain public areas”, and
WHEREAS the City intends to limit public exposure to all forms of outdoor smoking in
certain public areas; now, therefore
ORDINANCE 2021 -
BE IT ORDAINED by the Common Council of the City of Ithaca as follows:
Section 1. Findings of Fact.
The Common Council makes the following findings of fact:
1. The smoking of cannabis is now legal under New York State law.
2. Public exposure to smoke from tobacco and other smoking products,
including cannabis, is a hazard and annoyance to the general public. Prohibition
of outdoor smoking in certain public areas helps to preserve order, peace and
health, and the safety and welfare of the City and the inhabitants thereof.
3. It is, therefore, desirous to incorporate cannabis into the provisions of City
Code Chapter 280, Outdoor Smoking.
Section 2. Chapter 280 Outdoor Smoking amendments
a. Amend Section 280-1 “Purpose” as follows:
280-1 Purpose
The primary purpose of this chapter is to reduce the proximate exposure of the
public, especially children, to the hazards and annoyance of second-hand tobacco
smoke, in all forms. Furthermore, this legislation is intended to reduce litter and
possible contamination from smoking related refuse, including discarded cigarette
butts in public places and to reduce the likelihood that young persons will initiate
smoking, vaping, nicotine, tobacco or cannabis use (by reducing the incidence of
public smoking in places where young persons are likely to be present).
b. Amend Section 280-3 “Definitions” as follows with the remainder unchanged:
SMOKE
The emission produced by the burning of a lighted cigar, cigarette, pipe or any other
matter or substance meant for inhalation into the lungs, including but not limited to
vaping, or any other mechanism which produces emissions, and which may
contain tobacco, nicotine and/or cannabis, as that term is defined by the New York
State Penal Law.
SMOKING
The burning of a lighted cigar, cigarette, pipe or any other matter or substance meant
for inhalation into the lungs, including but not limited to vaping and which may
contain tobacco and/or cannabis, as that term is defined by the New York State
Penal Law.
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VAPING
The use or operation of any electronic aerosol delivery system.
Section 3. Severability Clause.
Severability is intended throughout and within the provisions of this Ordinance. If any
section, subsection, sentence, clause, phrase, or portion of this Ordinance is held to be
invalid or unconstitutional by a court of competent jurisdiction, then that decision shall
not affect the validity of the remaining portions of this Ordinance.
Section 4. Effective Date.
This ordinance shall take effect immediately and in accordance with law upon
publication of notices as provided in the Ithaca City Charter.
Carried Unanimously
4.3 Temporary Construction Easement during the Asteri Parking Garage,
Conference Center, and Affordable Housing Construction Project
By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick
WHEREAS Vecino Group of New York, LLC (“Vecino”) is the developer of the proposed
parking garage, conference center and affordable housing construction project, to
replace the western section of the Green Street garage, located at 116-118 E. Green
Street, and
WHEREAS Vecino has requested permission to use City property located at 112 E.
Green Street, primarily within the parking area adjacent to City Hall, during the course of
construction as indicated in the drawing labeled as Exhibit A, and namely for
construction staging for two years, and
WHEREAS Chapter 170 of the City Code vests authority to grant temporary easements
over one-year with the Common Council, and
WHEREAS the plan as proposed in Exhibit A is supported by City Department of Public
Works staff, and
WHEREAS in recognition of the public/private nature of the project and in consideration
of benefit the project stands to bring the City, staff recommends that Council waive any
fee for this use of City property; now, therefore be it
RESOLVED, That the Mayor, subject to review by the Superintendent of Public Works
and the City Attorney, is authorized to execute a temporary construction easement
agreement with Vecino’s affiliates, Asteri Ithaca, LLC and Asteri Conference, LLC, for
the purposes of permitting construction staging and such other construction uses on
and over City property in compliance with the site plan approved by the City of Ithaca
Planning and Development Board, and be it further
RESOLVED, That the fee for use of the above-described City property for staging
construction will be in the form of an equal period of free rent for DPW storage space
after the project is complete or such other comparable fair value to the City.
Alderperson Mohlenhoff explained the change made to the Resolution since the City
Administration Committee meeting regarding the developer charging rent to the City
for DPW storage space and noted that the City Attorney was able to negotiate an in-
kind agreement to address this issue.
City Attorney Lavine explained that the total estimated rental amount is $46,000
spread across two years. Alderperson McGonigal clarified that the City would be paid
$46,000 for the use of the City Hall parking lot as an easement during construction,
and the City will pay Asteri for the use of the DPW storage area.
Bruce Adib-Yazdi from Asteri stated that the parking lot would be needed for at least
two years and maybe longer. He stated that the cost would be prorated either way.
July 7, 2021
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Alderperson Brock asked about ADA parking and pedestrian access. Mr. Adib-Yazdi
stated that construction logistic plans were submitted as part of the site plan review
process. Those plans indicated that a level of parking and pedestrian access would
be maintained during the entire construction period. An alternate ADA pedestrian
ramp will be constructed along the front of City Hall to cover the existing stairs.
A vote on the Resolution resulted as follows:
Carried Unanimously
REPORT OF THE CITY CONTROLLER:
City Controller Thayer submitted the following report:
We continue to work on finishing up 2020 financial work. It’s slow due to the many
changes coming from NY and the Federal government related to prior revenues and
expenses. We are gathering our data and documents for the 2020 Audit as well, which
will start in a couple of months.
2021 activity:
For 2021 sales tax collections, we have collected $6,442,000 to-date. As expected,
our last few collections were up compared to last year as they related to the March-May
activity. So we are moving in the right direction. To-date collections are now 8%,
$200,000, higher than the 2020 numbers. The 2021 Budget for sales tax is
$13,842,871, about an 11.4% decrease from the 2020 original budget. We estimated a
4% increase from actual 2020 collections. So far, we are exceeding the budget and
sales tax recovery seems to be moving a bit faster than anticipated. We expect the
sales tax numbers to continue to be somewhat negatively impacted by COVID for the
next few months, but hopefully as the vaccine continues to get more widely distributed,
our sales tax will slowly increase. Most Restrictions have been lifted, but supply,
demand and inflationary factors are now playing a larger part in the economy.
Update on parking revenues. Although we continue to see slow improvements in
parking revenues, we are still well off budget to-date, approximately $300,000. We will
see if a rebound in parking revenues can occur as the vaccine is distributed and a
greater demand is necessary. The Green Street Parking Garage is now closed for
demo work related to the development projects. We did anticipate 2021 budget
revenue loss related to the closing of the garage. The financial closing for one of the
Green Street development projects has occurred and demo work should start in the
near future.
Building permit revenue was increased significantly in 2021 to reflect the higher
construction activity inside the City. We have collected $627,000 in permit revenue to-
date. We will hope for a ramp up in revenues in this area now that construction season
has started.
Federal Stimulus funds. As you know over the next two years the City will receive
$16,092,137 in American Rescue Plan Act (ARPA) funding. There still may be some
minor adjustments to the final funding guidelines by the Department of Treasury. The
funds are pretty restrictive in nature and need to obligated by 12/31/2024 and fully spent
by 12/31/2026. So, this gives us some time and we are carefully planning on how to
spend the funds in the coming weeks/months understanding that these funds are one-
time funds and should be used to help give the City some long-term financial stability
and help sustain certain operations. The funds give us an opportunity to make strategic
investments in long term assets, mainly in water, sewer and wastewater, improve
financial activity and cover temporary operating deficits until better economic conditions
come our way. One area that we are working on now that has the most flexibility with
the spending of funds is the loss of revenue from COVID impacts. We are currently
calculating our COVID revenue loss through 2020. In the future, we can also calculate
revenue losses for the years 21, 22 and 23. Once that is determined we can use those
funds for general government services. However, none of these funds can replenish
reserves or pay for debt service. There are also very strict reporting requirements
July 7, 2021
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related to the funding. This will require more work by my office in the future. More to
come on this funding in the near future.
Bond Issuance. We will be selling our bonds on July 13th for authorizations already
approved by Council. The market still continues to be favorable for lower rates. I will
report next month on how the sale went.
Lastly, the 2022 budget work has started. Budget guidelines to Departments are going
out today and we are starting to get some key numbers in for our budget development.
Regarding 2022 assessments, it appears the City’s taxable assessment base will be
going up only .61% in 2022. This year assessments increased 7.2%. Early projections
for health insurance premium increases seem to be in the 5-6% area. Pension changes
won’t be known for a while, but it was a good sign to see that pension earnings for the
State, as valued at 3/31/21, were much higher than anticipated. Hopefully this
translates to no change in rates or even slightly lower pension rates for 2022. More
details on the budget development in the coming weeks.
Alderperson Mohlenhoff reminded Common Council of the upcoming budget sessions
and noted that there would be a special budget meeting in September to discuss the
Capital Project submissions.
PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE ITEMS:
5.1 Request from the Ithaca Farmers Market Board of Directors to the City of
Ithaca Common Council to Act as the Sponsor for a Funding Application for
Improvements to Vehicular and Pedestrian Access and Circulation at the
Farmers Market Site
By Alderperson Murtagh: Seconded by Alderperson Brock
WHEREAS, The Ithaca Farmer’s (IFM) Market Board of Directors has been working
with its members and customers to envision a vibrant and successful Farmer’s
Market that will allow them to grow, better serve their customers, and provide
opportunity for economic success for their vendor members, and
WHEREAS, concerns expressed by vendors and visitors focused on the amount of
available parking; the awkward vehicular circulation due to long rows of parking and
vegetated berms; the lack of dedicated sidewalks for pedestrians; and gravel paving
that is often muddy and full of pot holes, is not A.D.A. compliant, and has a lack of
accommodations for shuttles and buses, and
WHEREAS, the current pavilion is not code compliant, lacks amenities that could
improve the customer experience, and has no all season areas for market days and
events in inclement weather, and
WHEREAS, The IFM is seeking in the near future to renovate the parking lot with
improvements which will include: accommodating A.D.A. accessibility, better overall
pedestrian access, and a reconfiguration of automobile parking with appropriate
surfacing and green amenities, and
WHEREAS, as part of their visioning process, the IFM Board of Directors received a
grant from the New York State Department of State Local Waterfront Revitalization
program, with the City of Ithaca acting as the formal grant recipient/project sponsor
at no cost to the City, to undertake pre-development investigations into site
conditions and prepare designs for the site including the parking and a pavilion, and
WHEREAS, the design team is in the process of preparing a final site design and a
preliminary pavilion design which will be presented to the City of Ithaca for SEQR
and Site Plan Review, and
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WHEREAS, the IFM will undertake the pavilion at a future date to be determined and
is not seeking funding from the City of Ithaca for its implementation at this time, and
WHEREAS, much of the funding distributed by the State of New York happens
through the Consolidated Funding Application, and
WHEREAS, the program most likely to fund this project is the New York State
Department of State, Local Waterfront Revitalization Program (LWRP)
implementation grant, which funds a variety of capital improvements along New York
State’s designated waterways, and
WHEREAS, this program is not open to private entities, but since the City of Ithaca
owns the land upon which the pavilion and parking lot are located, the City could act
as applicant on behalf of the IFM, and
WHEREAS, the IFM intends to seek LWRP funding for construction implementation
and construction oversight costs; now, therefore be it
RESOLVED, That the City of Ithaca supports IFM’s funding request to the LWRP
program and agrees to act as sponsor for the project for purposes of the grant
application, and be it further
RESOLVED, That the IFM is not seeking any financial support from the City and will
provide funding to cover all costs associated with preparation of the grant
application.
Discussion followed on the floor regarding the paving of the parking lot and
compliance with stormwater regulations.
Alderperson Nguyen expressed his excitement over the project and noted that the
number one concern expressed by members of the public is dust, which will be
remediated by the resurfacing of the lot.
Alderperson Kerslick asked if the total number of parking spaces would change. A
representative of the Farmers Market noted that the project improvements would
result in vendors using some of the public parking spaces, and a few other spaces
will be used to improve the shuttle/bus turn-around. The total number of public
parking spaces will most likely not increase. The Market will continue to encourage
people to park off-site as additional parking spaces may become available through
other nearby development projects. The Farmers Market is choosing to prioritize
accessibility improvements over the increase in parking spaces.
A vote on the Resolution resulted as follows:
Carried Unanimously
5.2 Support for a New York State Consolidated Funding Grant Application for the
Construction of the Stewart Park Splash Pad and Accessible Bathroom Building
By Alderperson Murtagh: Seconded by Alderperson Lewis
WHEREAS, the Friends of Stewart Park is applying to the New York State Office of
Parks, Recreation and Historic Preservation (OPRHP) for a grant under the New York
State Consolidated Funding Grant Application for Environmental Protection Funds for
Parks, Preservation and Heritage (EPF) to construct a Splash Pad and Accessible
Bathroom Building, located in Stewart Park in the City of Ithaca, and
WHEREAS, as a requirement under the rules of these programs, said not-for- profit
corporation must obtain the "approval/endorsement of the governing body of the
municipality in which the project will be located", and
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WHEREAS, the Stewart Park Splash Pad and Accessible Bathroom Building is the last
major phase of the Stewart Park Inclusive Playground, and
WHEREAS, Friends of Stewart Park has offered to apply for, administer the project on
behalf of the City with City oversight; and provide the 25% required project match of
$167,000 to the grant request of $500,000, and
WHEREAS, Friends of Stewart Park requests that the City finance the costs of the
project with the understanding that 100% of the project cost be reimbursed; now,
therefore, be it
RESOLVED, That the City of Ithaca Common Council hereby does approve and
endorse the application of Friends of Stewart Park for a New York State Consolidated
Funding Grant Application under the Environmental Protection Fund for a the Stewart
Park Inclusive Playground Splash Pad and Accessible Bathroom Building, located in
Ithaca, New York, and, be it further
RESOLVED, That, should Friends of Stewart Park be unable to do so, said property
shall be forever maintained by the City of Ithaca as part of Stewart Park, a city- owned
municipal park in Ithaca, consistent with the rules promulgated by OPRHP.
Discussion followed on the floor with Alderperson Fleming stating that the annual
maintenance/water costs of these proposed facilities would be approximately $50,000.
She confirmed the City’s responsibility to pay these costs and voiced concern about
adding to the City’s obligations to maintain existing recreational facilities and two
municipal pools. She voiced her support for submitting the grant application; however,
noted that if successful, she would like to continue the conversation about ways the City
could be relieved of some of the ongoing costs of the project.
Alderperson Murtagh echoed Alderperson Fleming’s comments and stated that
collectively, there needs to be a better plan in place to share the ongoing maintenance
costs. He referenced the model of the Ithaca Commons and the Downtown Ithaca
Alliance and noted that something similar should be created. Rick Manning, Friends of
Stewart Park, agreed that a conversation should be held with the Friends of Stewart Park
and Tompkins County to discuss potential funding resources including the use of room
tax funds. He agreed that the Stewart Park Revitalization Plan should have a more
robust financial plan for ongoing maintenance costs.
Alderperson McGonigal noted that it would be important for the Friends of Stewart Park
to assist with the annual maintenance costs of this project. Mayor Myrick agreed, stating
that this facility serves an underrepresented group of low-income families with young
children. He noted that this is a very important project and thanked the Friends of
Stewart Park for their work on it. Mr. Manning explained that the current splash pad is
75 years old and drains drinking water into the lagoon, which is no longer legal. The
proposed splashpad will be a great improvement to the existing facility and will drain into
the sanitary sewer.
Alderperson Brock commented that the Wastewater Treatment Plant doesn’t enjoy
treating tap water. She voiced her support for appealing to the Tompkins County
Strategic Tourism Board for funding, not only for this outdoor facility which will be a huge
tourism draw but also for older facilities that are treasured destinations.
Alderperson Lewis stated that this is a very exciting project and agreed that partnerships
should be developed to help fund future maintenance costs. She voiced her
appreciation for the work of the Friends of Stewart Park to make the current splashpad
more accessible to all members of the community. Mr. Manning noted that City’s Parks
and Forestry crew were responsible for that work.
A vote on the Resolution resulted as follows:
Carried Unanimously
July 7, 2021
12
5.3 Proposed Resolution to Amend the Contingencies of the Carpenter
Park Planned Unit Development (PUD)
By Alderperson Murtagh: Seconded by Alderperson Smith
WHEREAS: Common Council adopted the Carpenter Circle PUD on November
4, 2020, and
WHEREAS: The approval stated: the PUD ordinance shall take effect after
satisfaction of the following contingencies:
A. The applicant obtains fee title to all lands in the PUD except those lands to
which the community gardens relocate per signed agreement with the City.
B. A legally-binding agreement is executed between the applicant and the not-
for-profit sponsor of the Ithaca Community Gardens, based on the
Memorandum of Understanding, which includes among other things
finalized details as to how the costs associated with the reconfiguration of
the Community Gardens will be covered and how gardeners will be moved
from their current plots to the new configuration, and
WHEREAS: The Project Sponsor and City Planning and Legal staff as well as other
affected parties have met the following milestones to satisfy the contingencies:
1. Completion of the negotiation of the price and terms of sale for the land swap
needed to relocate a portion of the Community Gardens to adjacent
undevelopable land on the project site
2. Submission of a subdivision showing the above referenced configuration – to be
approved by the Planning Board on June 25, 2021
3. Execution of a new lease between the City of Ithaca & the Ithaca Community
Gardens (ICG) to take affect when the gardens have moved
4. Agreement between the Project Sponsor and the ICG regarding their schedule for
and role in relocating the gardens and their financial contribution to support the
major improvements to the gardens such as grading, and installing a perimeter
fence, and
WHEREAS: The project cannot proceed to construction until the PUD goes into effect,
and
WHEREAS: After achieving the above milestones, staff is in agreement that the
Project Sponsor has substantially met the contingencies and recommends
amendments which meet the intent of the original language but provide a more
favorable timeline for construction, now therefore be it
RESOLVED: That the Carpenter Park PUD contingencies shall be amended to read as
follows: The PUD ordinance shall take effect after satisfaction of the following
contingencies:
A. Full execution of the Land Transfer Agreement between the City and the
Cayuga Medical Center of Ithaca Inc.
B. The PUD’s continued effectiveness is also contingent upon the following
happening no later than September 1, 2021
i. Cayuga Medical Center of Ithaca Inc. obtaining fee title to all lands in
the PUD except those lands to which the community gardens relocate
per signed agreement with the City
ii. Execution of a legally-binding agreement between the applicant and
the not-for-profit sponsor of the Ithaca Community Gardens, based on
the Memorandum of Understanding, which includes finalized details as
to how the costs associated with the reconfiguration of the Community
Gardens will be covered and how gardeners will be moved from their
current plots to the new configuration.
July 7, 2021
13
Alderperson Murtagh explained his proposed change in the deadline from October
15, 2021, to September 1, 2021, which was done at the request of the Community
Gardens. He stated that there is a lot of site preparation work that still needs to be
completed before the lease goes into effect; however, the City feels comfortable
that it can move forward quickly to execute the land swap.
He further asked the representatives from Cayuga Medical Center and Marty Hiller
from the Community Gardens for a status update of the binding agreement. Ms.
Hiller stated that the Ithaca Community Gardens is ready to sign the binding
agreement with the September 1st deadline; however, they are very uncomfortable
with not having the land closing in place before they launch that effort. She
explained that it had been very difficult to reach consensus on the final terms of the
agreement and does not feel confident that the agreement will hold if the deadline
is not advanced.
A representative of Cayuga Medical Center stated that they are also ready to sign
the binding agreement. He noted that there were last-minute changes that have
been successfully negotiated and they are comfortable with the proposed
September 1st deadline. He explained that pursuant to discussions with the City
Attorney’s Office, they believe it is possible to close the land swap in July barring
unforeseen circumstances. The only item that the Community Gardens raised that
was not part of the amendment, was the condition that the agreements be binding
and in place before the building permit is issued. He explained that this is
challenging because to ensure that there won’t be schedule or cost impacts to this
project, they need to start work. As proposed, Cayuga Medical Center is ready to
close on the land swap. The binding agreement will be effective on the date of the
land swap closing, but any time that they can gain between now and the closing is
not something they want to spend in stasis.
Alderperson Murtagh clarified that both the land swap and the binding agreement
would need to be completed by the September 1st deadline, which everyone has
agreed to. The Community Gardens has requested that once the binding
agreement is signed, the PUD would go into effect. The representative from
Cayuga Medical Center explained that request is more complicated because they
have already lost a lot of ground in terms of their schedule. To keep the project on
schedule and on budget, including making sure that they can facilitate the timely
completion of the Gardens’ reconfiguration work, it is important that they are able to
proceed as quickly as possible.
Further discussion followed between the Community Gardens and Cayuga Medical
Center representatives regarding the intent of the terms “binding”, “executed”, and
“executed but not effective until the land swap closing has occurred”. Alderperson
Murtagh stated that the City feels as if it is being held hostage by this negotiation.
The City wants to move forward and has worked very hard on this for a long time.
Alderperson McGonigal asked where the gardens would be physically located on
the site. Deputy Director of Planning and Development Nicholas referred to the
map and explained that the land swap is between developable land, where the
gardens are currently located, and non-developable land where the new
Community Gardens property is located. She further confirmed that the Community
Gardens would not lose any acreage.
A vote on the Resolution resulted as follows:
Carried Unanimously
5.4 City Harbor/Newman District /Waterfront - Emergency Access
By Alderperson Murtagh: Seconded by Alderperson Lewis
WHEREAS, access to some areas of the waterfront west of the railroad tracks is
temporarily blocked when trains travel though the City, including intersections at Willow
Ave., Buffalo, Seneca & State/MLK Jr Streets at Route 13; 3rd Street at Carpenter
Circle; Cecil B Malone Street west of the bridge over the flood relief channel; and while
not included in the Waterfront Area Plan, access to Stewart Park, and
July 7, 2021
14
WHEREAS, these slow moving and sometimes lengthy trains prevent access into or out
of several of the Waterfront Districts while they are passing through. In the event of an
emergency this is an obstacle for first responders, and
WHEREAS, the current train frequency is between two and four trains per week with a
varied number of train cars, and
WHEREAS, the length and duration of trains may change in the future, and
WHEREAS, the Fire Chief has estimated that a train traveling at 10 mph could block
affected intersections for approximately 2 minutes for a 20-car train and up 15 minutes
for a for a train of 100 cars or longer, and
WHEREAS, the City of Ithaca has approximately 12,465 housing units and the Fire
Department has responded to approximately 10 fires annually over the last 10 years in
the City, and
WHEREAS, given the number of fires and the required fire suppression systems for
new buildings, the relative risk of a serious fire occurring during a long train delay, in a
new building, west of the railroad tracks, is extremely low, and
WHEREAS, Chapter 4.3 of the Waterfront Plan (adopted by Common Council on
December 4, 2019), identifies this temporary blockage as an issue for police and
ambulance emergency responders, particularly in the Newman District, with its one
point of vehicular access at Willow Ave. and Route 13, and recommends “work with the
railroad company to request that emergency personnel be notified when a train will be
coming into the City, so that emergency response officers can locate on both sides of
the railroad tracks when a train will be coming through” and,
WHEREAS, the Waterfront Plan states on page 40 that, “[t]he City Police Force
currently struggles to maintain adequate staffing to serve the existing population. Given
the potential growth for this area it may be beneficial for private development to be
encouraged to provide private security”; and
WHEREAS, the Waterfront Plan is silent on the Fire Department response, and
WHEREAS, in 2020, the City was awarded a Federal Highway Administration BUILD
Planning Grant (FHWA FY 2020 BUILD Planning Grant) to reimagine and redesign the
Route 13 corridor on the north side of the City and to analyze and design other
transportation improvements that would allow for redevelopment of the City’s waterfront
and reconnection of the Waterfront District to the neighborhoods and downtown area on
the east side of the highway, and
WHEREAS, the scope of work includes a robust stakeholder outreach process and
evaluation of alternatives weighing benefits and cost for all modes of transportation as
well as emergency access. Alternatives may include a potential new bridge across
Cascadilla Creek or the Cayuga Inlet, and
WHEREAS, under NYS Fire Code D104.2, commercial and industrial buildings up to
124,000 SF and equipped with automatic sprinkler systems can be served by a single
fire apparatus access road, (rather than two points of access as required when in
excess of 124,000 SF), and
WHEREAS, under NYS Fire Code D106.2, multiple-family residential projects up to 200
dwelling units and equipped with automatic sprinkler systems can be served by a single
fire apparatus access road (rather than two points of access as required when in excess
of 200 dwelling units), and
WHEREAS, the City Harbor Redevelopment Project in the Newman District includes a
60,000 SF medical office building (currently under construction), 156 housing units,
4,500 SF of commercial space (expected to be a restaurant), and a proposed
July 7, 2021
15
community building, to replace the existing clubhouse to support golf, boating, and other
recreational activities associated with the adjacent City-owned Newman Golf Course,
and
WHEREAS, other large parcels in the district serve existing public functions (Newman
Golf Course, Streets and Facilities, and TCAT), and their redevelopment is not
anticipated in the foreseeable future due to the cost of relocating the existing facilities;
now, therefore, be it
RESOLVED, That the Common Council recognizes and affirms that the development of
the Waterfront Area should proceed based on the current fire and emergency access
points and staffing levels for City emergency responders and Fire Code provisions
described above to protect life and safety, and, be it further
RESOLVED, Emergency Access needs will be evaluated as part of the FHWA FY 2020
BUILD Planning Grant process in which Common Council, City staff, residents and
waterfront stakeholders will be involved, and, be it further
RESOLVED, That the Common Council acknowledges that staging of City responders
west of the railroad tracks when a train comes through is not currently feasible given
existing City resources, the physical separation of the various Waterfront Districts (as
well as Stewart Park), and the unpredictable demands on City emergency responders,
and, be it further
RESOLVED, That should future circumstances dictate the need to stage emergency
responders west of the railroad tracks when trains come through, Common Council
understands that this will require additional resources (staff and/or equipment).
Alderperson Murtagh questioned what happens when a train comes through and there
are no fire department resources on the other side of the tracks. Fire Chief Parsons
explained the history of the Fire Department staging equipment on both sides of the
railroad tracks, but noted that emergency services no longer have the resources,
equipment or staff, do that when they are notified about an incoming train. He
highlighted recent events when every piece of equipment that could be staffed was out
on calls (ex. recent storms, gorge rescues, etc.). He explained that this Resolution is
intended to negate the language in the Waterfront Plan regarding the Fire Department’s
and other emergency response agencies’ responsibility to place equipment and staff on
both sides of the tracks upon notification of an incoming train. Chief Parsons further
explained the differences between fully sprinklered buildings and sprinkler system
installations in living spaces that meet the New York State Fire Code regulations.
Further discussion followed regarding the frequency and length of trains and the fact
that the City Harbor housing development has only one avenue of access. Chief
Parsons noted that trains are currently running north and south almost every day at an
average of 20 cars per train.
Alderperson Brock stated that WATCO, who manages the Ithaca Railyard located in the
First Ward, anticipates expanding their activities and they are currently operating trains
with 30-40 carloads, going north and south at least once a day in each direction.
WATCO has already moved 200 railcars from Sayre, Pennsylvania to Ithaca and they
intend to expand that. She further commented that if New York State continues to
progress on regulating greenhouse gas emissions, there will be an increased emphasis
on moving materials by rail. She stated that she believes this Resolution is a
reasonable statement of expectations to share with developers exploring projects in that
area. She noted that emergency medical services and police are of equal concern in
terms of a delayed response.
A vote on the Resolution resulted as follows:
Carried Unanimously
July 7, 2021
16
5.5 Resolution calling on the U.S. Senate to pass the For the People Act, S1 in
the United States Senate
By Alderperson Murtagh: Seconded by Alderperson Brock
WHEREAS, the right to vote is one of the foundational rights of all American citizens,
and
WHEREAS, Congressman John Lewis spent his life fighting against hate, bigotry, and
equal opportunity at the voting booth inside and outside of Congress to advance voting
rights for everyone, and
WHEREAS, voting rights are under attack nationally by state legislators introducing and
passing laws to create barriers to our participation in elections, and
WHEREAS, popular sovereignty through voting is a foundational bedrock of our
democracy, and
WHEREAS, the right to vote is under attack nationally by state legislators introducing
and passing laws to create barriers to our participation in elections, and
WHEREAS, the For the People Act is a transformative, comprehensive bill addressing
voting rights and election administration, money-in-politics, redistricting government
transparency, and ethics in all three branches of government, and
WHEREAS, the For the People Act will provide a needed overhaul of money-in-politics,
voting and ethics laws to make our democracy more inclusive, and
WHEREAS, the For the People Act is based on countless democracy reforms passed
and successfully implemented in states across the country, and
WHEREAS, the For the People Act’s solutions are broadly supported by the American
people across the political spectrum with polling indicating that 67% of Americans –
including 56% of Republican voters and 68% of Independent voters – support the For
the People Act, and
WHEREAS, the For the People Act is the most comprehensive pro-democracy bill
introduced in Congress since the Watergate era, containing the bold action that the
American people want and deserve; now, therefore, be it
RESOLVED, That the City of Ithaca Common Council calls on New York’s United State
Senators, Majority Leader Chuck Schumer and Sen. Kirsten Gillibrand, to do everything
possible to support and pass S1, the For the People Act of 2021 before the 2021
Senate summer recess.
Alderperson Brock explained that there is broad support in the community for the City to
send a strong message of support for this Act. She noted that the two most poignant
items in this Act for her are the commitment for a bi-partisan redistricting committee and
the requirement to provide 10 years of tax returns for presidential candidates.
A vote on the Resolution resulted as follows:
Carried Unanimously
MAYOR’S APPOINTMENTS:
6.1 Reappointments to the Mobility, Accessibility, and Transportation
Commission
By Alderperson Lewis: Seconded by Alderperson Nguyen
RESOLVED, That Theresa Lyczko be reappointed to the Mobility, Accessibility,
and Transportation Commission with a term to expire December 31, 2022 and,
be it further
RESOLVED, That Srikar Srivatsa be reappointed to the Mobility, Accessibility, and
Transportation Commission with a term to expire December 31, 2022, and, be it further
Carried Unanimously
July 7, 2021
17
Reappointment to the Planning and Development Board
By Alderperson Smith: Seconded by Alderperson Smith
RESOLVED, That McKenzie Lauren Jones be reappointed to the Planning and
Development Board with a term to expire December 31, 2023.
Carried Unanimously
REPORTS OF COMMON COUNCIL LIAISONS:
Ithaca Urban Renewal Agency
Alderperson Lewis reported that the IURA has identified an Inlet Island developer to
recommend to Common Council. There were three applications, and Finger Lakes
Development is the application that the IURA will be recommending to Council.
The Cinemapolis mitigation plan submitted by Veccino has been approved.
The City has received an award for the Ithaca Eviction Displacement Defense Project
that will be administered through the Human Services Coalition of Tompkins County.
The Housing Supplement Support Program will be providing 18 individuals $300 per
month for 18 months. The first cohort of 12 participants should receive their first checks
on July 15th.
Tompkins County Council of Governments
Alderperson McGonigal reported that there was discussion at the Water Sub-Committee
regarding the Cayuga Lake Watershed Intermunicipal Organization’s request for a
sizeable increase in dues to hire a Watershed Manager who would focus on obtaining
grants to improve water quality, especially in Tompkins County which is responsible for
38% of the water in Cayuga Lake. The Watershed Manager would also coordinate
efforts between municipalities.
Alderperson Brock noted that the Cayuga Lake watershed is the largest of the Finger
Lakes and doesn’t have a manager. She highlighted the benefits of municipal
collaboration and coordination and suggested that the proposed increase be added to
the sewer or stormwater funds to fairly distribute the cost, including the universities.
REPORT OF CITY ATTORNEY:
Motion to Enter into Executive Session to Discuss Potential Litigation
By Alderperson Fleming: Seconded by Alderperson Smith
RESOLVED, That Common Council enter into Executive Session to discuss potential
litigation.
Carried Unanimously
Reconvene:
Common Council reconvened into Regular Session with no formal action taken.
ADJOURNMENT:
On a motion the meeting was adjourned at 8:30 PM.
______________________________ _______________________________
Julie Conley Holcomb, CMC Svante L. Myrick
City Clerk Mayor
First Name *
Katy
Last Name *
Kimple
Street Address*
Municipality *Note this may be different from your zip
code *
Tompkins
State *
NY
Topic of Discussion*
Monkey Run Rd. - Name
Provide a brief description of the topic you will address.
Your Comments
Hi there, I hope all is well and the summer is off to a lovely start! I just moved to town and started looking into the origin of my
road name, Monkey Run Road and the Monkey Run trails. In origin, the term "monkey run" is based off of a racial slur. I am
hoping that there is a historical, and not racist reason for the trail and road name here in Ithaca but cannot seem to find it
online. If possible, could you send me in the direction of the origin of the local name. If it is truly based on a racial slur, I would
love to know the steps it would take change the name of a road in this area. Thank you for your time and consideration. Best,
Katy Rendinaro Kimple
Contact Information
If you would like to leave your e-mail address and/or telephone number, please do.
Thank you for sharing your thoughts with us. Please note: comments must be 3 minutes (or shorter) in length when read, and
must adhere to the Common Council Rules of Order. Until we can all be together again, we wish you good health!
Print
Common Council Public Comment Form - Submission #5912
Date Submitted: 6/9/2021
First Name *
Annemarie
Last Name *
Zwack
Street Address*
Municipality *Note this may be different from your zip
code *
14850
State *
NY
Topic of Discussion*
Ithaca Moves Sculpture Feedback
Provide a brief description of the topic you will address.
Your Comments
Hi! I created a slideshow about my hopes for Best Practice in Public Art Process and Policy, and my concerns over the Ithaca
Moves Sculpture proposal before Common Council. Here's the link on Twitter:
https://twitter.com/zwackart/status/1409692136371494917?s=20 And here it is as a Google presentation.
https://docs.google.com/presentation/d/e/2PACX-1vReJ0tPJ065WcP95p-
jmruddD3owAEmxcy586GFebhsY6TNXJPXwXLaNcDr9kLUCeoTy8KoY8mkAMUV/pub?start=false&loop=false&delayms=3000
It is only 9 slides including the title. Thank you for your time!
Contact Information
If you would like to leave your e-mail address and/or telephone number, please do.
Thank you for sharing your thoughts with us. Please note: comments must be 3 minutes (or shorter) in length when read, and
must adhere to the Common Council Rules of Order. Until we can all be together again, we wish you good health!
Print
Common Council Public Comment Form - Submission #6001
Date Submitted: 6/28/2021