HomeMy WebLinkAboutMN-CC-2021-08-04COMMON COUNCIL Voting Record
Date: Wednesday August 4th 2021
Location: City Hall, 108 E. Green Street 3rd Floor, Council Chambers
Meeting Called to order: 6:00 P.M.
Meeting Adjourned: 10:30 P.M.
YouTube Link:
https://www.youtube.com/watch?v=xzx9Dx9p9dw&list=PLfplo_VA57eoynrqxkGvi11vxHlwByjZw&index=47
Attendance Record of Voting Members
Name Present (In Person) Remote Absent / Excused
Mayor- Svante Myrick X
1st Ward – Cynthia Brock X
1st Ward – George McGonigal X
2nd Ward – Joseph (Seph) Murtagh X
2nd Ward - Ducson Nguyen X
3rd Ward – Donna Fleming X
3rd Ward – Rob Gearhart X
4th Ward – Graham Kerslick X
4th Ward - Stephen James Smith X
5th Ward – Debroah Mohlenhoff X
5th Ward – Laura Lewis X
Total voting members for this meeting 10
Agenda Item: 1.1 Additions To or Deletions from the Agenda
YouTube Timestamp: 9:58
Discussion Summary: Meeting Called to Order. Some adjustments made to the order in which Agenda Items
will be looked at. Mayor Svante Myrick wants to start with Reports from Municipal Officials then, Special
Presentation Before Council. Executive Session being held until the end of the meeting to avoid confusing the
public. PEDC Agenda Item 5.7 will be after Consent Agenda. Consent Agenda item 3.2 is being added back to
CA Committee agenda item as new item 4.1. Special Resolutions to be read by Council.
Agenda Item: 1.4 Reports of Municipal Officials
YouTube Timestamp: 14:44
Discussion Summary: Brief update given by Rod Howe on Sustainable Tompkins, Inlet Valley, Ithaca Landmark
Preservation Commission, American Rescue Plan funds; The Town received 1.6 Million Dollars to be used on
water and sewer infrastructure projects, Short-term rentals; draft policy expected to Town Board by September.
Briefly reported on 5G, the New Neighborhood Code has been passed and moving forward on new projects on
areas on South Hill, West Hill, and East Hill, the major focus being on South Hill.
Agenda Item: 1.3 Special Presentations Before Council- Bike Share Update and Potential Service
YouTube Timestamp: 21:46
Discussion Summary: Report given after Municipal Officials. Presented by Executive Director of the Center for
Community Transportation, Jennifer Dotson and Bike Walk Tompkins Transportation Planner Hector Chang. Slide
Presentation given by Hector Chang highlighted 1 in 4 Ithacans used Lime Bikes, there were 177 Thousand rides
within two years (2019-2021), 28% replaced personal car use, 24% replaced taxi/uber rides. Discussions
continued with questions and comments from Council
Agenda Item: 2.1 Petitions and Hearings of Persons Before Council
YouTube Timestamp: 51:03
Faye Gougakis- Lime Bikes
Ms Nevine Abbott- Various topics
Genevieve Rand - Good Cause Eviction Bill
Jorge DeFendini- Good Cause Evictions
Zachary Winn- Reimagining Public Safety/ Right To Renew Law
Agenda Item: 1.2 Proclamations/Awards
YouTube Timestamp: 1:09:54
Moved By: Joseph Murtagh
Seconded by: Graham Kerslick
Discussion Summary: Presented after Public Comments. Resolution read by Joseph Seph Murtagh Celebrating
the life of Donald J Slattery; Flags to be held at ½ mast for 1 week in recognition of his significant contributions to
the City of Ithaca and Tompkins County. (Agenda Item 6.1)
Vote Passed 10-0
Member Approve Deny Abstain Table
Cynthia Brock X
George McGonigal X
Joseph (Seph) Murtagh X
Ducson Nguyen X
Donna Fleming X
Rob Gearhart X
Graham Kerslick X
Stephen James Smith X
Deborah Mohlenhoff X
Laura Lewis X
Agenda Item: 1.2(b) Proclamations/Awards
YouTube Timestamp: 1:12:48
Moved By: Ducson Nguyen
Seconded by: Cynthia Brock
Discussion Summary: Resolution read by Ducson Nguyen celebrating the life of Audrey Cooper for her
inviolable impact on the City of Ithaca and Tompkins County Community. Mayor Svante thanked Alderperson
Nguyen for the moving tribute. Discussion continued with thoughts of appreciation and fond memories of working
with Audrey Cooper. Mayor Myrick acknowledged the passing of Todd Peterson. (Agenda Item 6.2)
Vote Passed 10-0
Member Approve Deny Abstain Table
Cynthia Brock X
George McGonigal X
Joseph (Seph) Murtagh X
Ducson Nguyen X
Donna Fleming X
Rob Gearhart X
Graham Kerslick X
Stephen James Smith X
Deborah Mohlenhoff X
Laura Lewis X
Agenda Item: 2.2 Privilege of the Floor
YouTube Timestamp: 1:21:16
Discussion Summary: Slide Show presentation given by Ducson Nguyen on Reimaging Public Safety City of
Ithaca Working Group Update. Duscon recognized Eric Rosario and Karen Yearwood as Leads. Discussions
continued with questions and comments from Council. George McGonigal acknowledged the tragic accident and
passing of 14Yr Old Sophia Nickerson and her family.
Consent Agenda Items
Agenda Item: 3.1 Amendment to the Youth Bureau 2021 Roster
Agenda Item 3.2 A Resolution Authorizing Implementation and Funding for the Cayuga Waterfront
Revitalization Project (Moved to CA Agenda as New Agenda Item New 4.1)
Agenda Item 3.3 Resolution to Authorize NYSEG Easement
YouTube Timestamp: 1:39:52
Discussion Summary:
Motion to Approve: Stephen Smith
Seconded By: Ducson Nguyen
Vote Pass: 10-0 Unanimously
Member Approve Deny Abstain Table
Cynthia Brock X
George McGonigal X
Joseph (Seph) Murtagh X
Ducson Nguyen X
Donna Fleming X
Rob Gearhart X
Graham Kerslick X
Stephen James Smith X
Deborah Mohlenhoff X
Laura Lewis X
Agenda Item: 5.7 A Resolution to Authorize the Conveyance of the Northside Apartments, Overlook
Terrace, and the Southview Gardens Public Housing Projects by the Ithaca Housing Authority to Ithaca
No Housing Development Fund Company In (PEDC Agenda Item5.7 Will Be After Consent Agenda see
Discussion 1.1)
YouTube Timestamp: 1:40:09
Discussion Summary: Resolution read by Joseph (Seph) Murtagh. Representatives from Ithaca Housing
Authority present to take questions and comments from Council. Ducson asked to go over the relocation plan for
existing residents.
Motion to Approve: Joseph (Seph) Murtagh
Seconded by: Cynthia Brock
Vote Passed 10-0 Unanimously
Member Approve Deny Abstain Table
Cynthia Brock X
George McGonigal X
Joseph (Seph) Murtagh X
Ducson Nguyen X
Donna Fleming X
Rob Gearhart X
Graham Kerslick X
Stephen James Smith X
Deborah Mohlenhoff X
Laura Lewis X
Agenda Item (New) 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 (CA Agenda 3.2 A Resolution Authorizing
Implementation and Funding for the Cayuga Waterfront Revitalization Project)
YouTube Timestamp: 1:51:08
Discussion Summary: Resolution read by Deborah Mohlenhoff; brief summary from Deborah M. Tim Logue in
attendance to answer questions and comments from Council about the funding, design and scope of the project.
Discussion continued with City Controller Steve Thayer responding to questions and comments from Council
regarding funding.
Motion to Approve: Deborah Mohlenhoff
Seconded by: Graham Kerslick
Vote Passed 10-0 Unanimously
Member Approve Deny Abstain Table
Cynthia Brock X
George McGonigal X
Joseph (Seph) Murtagh X
Ducson Nguyen X
Donna Fleming X
Rob Gearhart X
Graham Kerslick X
Stephen James Smith X
Deborah Mohlenhoff X
Laura Lewis X
Agenda Item (New) 4.2 2021 Room Tax Budget – Establishing New Revenue and Expenditure Accounts in
the 2021 Budget
YouTube Timestamp: 2:02:18
Discussion Summary: Resolution read by Deborah M. Deborah M explained this is the administrative side of
what has already been voted on. Thought it to be helpful to have everyone understand this is just the next step in
the process of establishing the Room Tax Revenue for the Conference Center. Discussions continued with brief
questions and comments from Council. The Remainder of CA has been moved to the end of the meeting. Next is
the Report from the Controller ( Agenda Item 4.6)
Motion to Approve: Deborah Mohlenhoff
Seconded by: Graham Kerslick
Vote Passed 10-0 Unanimously
Member Approve Deny Abstain Table
Cynthia Brock X
George McGonigal X
Joseph (Seph) Murtagh X
Ducson Nguyen X
Donna Fleming X
Rob Gearhart X
Graham Kerslick X
Stephen James Smith X
Deborah Mohlenhoff X
Laura Lewis X
Agenda Item: 4.6 Report from City Controller
YouTube Timestamp: 2:06:53
Discussion Summary: Steve Thayer reports 2022 Budget is the main focus. Budget meetings being scheduled
with the Mayor starting in Mid-August and going through Early September. Recommendations on Capital Projects
coming soon. Lots of Budget Development is currently occurring. Reported on 2021 Sales Tax Collection and
2021 Budget. Discussions continued with brief questions and comments from Council.
Agenda Item 5.1 4th Amendment to HUD Entitlement Citizen Participation Plan - COVID-19 Amendment
YouTube Timestamp: 2:13:20
Discussion Summary: No Questions or Comments from Council
Move to Approve: Joseph (Seth) Murtagh
Seconded By: Laura Lewis
Vote Pass: 10-0 Carried Unanimously
Member Approve Deny Abstain Table
Cynthia Brock X
George McGonigal X
Joseph (Seph) Murtagh X
Ducson Nguyen X
Donna Fleming X
Rob Gearhart X
Graham Kerslick X
Stephen James Smith X
Deborah Mohlenhoff X
Laura Lewis X
Agenda Item 5.2 Inlet Island Urban Renewal Project, Authorize Transfer of City-Owned Properties to IURA
- Declaration of Lead Agency
YouTube Timestamp: 2:15:32
Discussion Summary: No Discussion.
Move to Approve: Joseph Murtagh
Seconded By: Laura Lewis
Vote Pass: 10-0 Carried Unanimously
Member Approve Deny Abstain Table
Cynthia Brock X
George McGonigal X
Joseph (Seph) Murtagh X
Ducson Nguyen X
Donna Fleming X
Rob Gearhart X
Graham Kerslick X
Stephen James Smith X
Deborah Mohlenhoff X
Laura Lewis X
Agenda Item 5.3 Inlet Island Urban Renewal Project, Authorize Transfer of City-Owned Properties to IURA
- Environmental Review
YouTube Timestamp: 2:16:07
Discussion Summary: No Discussion
Motion to Approve: Joseph Murtagh
Seconded By: Stephen Smith
Vote Pass: 10-0 Carried Unanimously
Member Approve Deny Abstain Table
Cynthia Brock X
George McGonigal X
Joseph (Seph) Murtagh X
Ducson Nguyen X
Donna Fleming X
Rob Gearhart X
Graham Kerslick X
Stephen James Smith X
Deborah Mohlenhoff X
Laura Lewis X
Agenda Item 5.4 Inlet Island Urban Renewal Project, Authorize Transfer of City-Owned Properties to IURA
- Action
YouTube Timestamp: 2:16:51
Discussion Summary: Seph Murtagh pointed out there is a lengthy description of project included in the agenda
package. Project is in its early stages and still has to go through negotiations. Moving forward with this action is
choosing preferred developer. Discussions continued with questions and comments from Council regarding plan
details and designs. Cynthia Brock motioned to amend resolution by adding 4th Bullet Point to incorporate A
Commitment by developers to include ground floor active use and maintain a proposed number of affordable
housing units. Nels agreed IURA needs to develop a project that will gain the majority support of Common
Council. CC’s recommendation will be received strongly by IURA.
Cynthia Brock Motion to Amend Resolution
YouTube Timestamp: 2:47:21
Discussion: No Discussion
Seconded By: Ducson Nguyen
Vote Pass: 6-4
Member Approve Deny Abstain Table
Cynthia Brock X
George McGonigal X
Joseph (Seph) Murtagh X
Ducson Nguyen X
Donna Fleming X
Rob Gearhart X
Graham Kerslick X
Stephen James Smith X
Deborah Mohlenhoff X
Laura Lewis X
Motion to Approve: Joseph Murtagh
Seconded By: Steve Smith
Vote Pass: 10-0 Carried Unanimously
Member Approve Deny Abstain Table
Cynthia Brock X
George McGonigal X
Joseph (Seph) Murtagh X
Ducson Nguyen X
Donna Fleming X
Rob Gearhart X
Graham Kerslick X
Stephen James Smith X
Deborah Mohlenhoff X
Laura Lewis X
Agenda Item 5.5 An Ordinance to Release City Easement Across 401 E. State Street Parcel
YouTube Timestamp: 2:48:46
Discussion Summary: No Questions or Comments by Council
Motion to Approve: Joseph Murtagh
Seconded By: Cynthia Brock
Vote Pass: 10-0 Carried Unanimously
Member Approve Deny Abstain Table
Cynthia Brock X
George McGonigal X
Joseph (Seph) Murtagh X
Ducson Nguyen X
Donna Fleming X
Rob Gearhart X
Graham Kerslick X
Stephen James Smith X
Deborah Mohlenhoff X
Laura Lewis X
Agenda Item 5.6 Resolution to Select Artwork for a Mural Installation in the Dryden Road Parking Garage
YouTube Timestamp: 2:51:10
Discussion Summary: Mural Description and mural included in Agenda packet. Cynthia expressed reluctance to
the representation of individuals on government property. Questioned the appropriateness of the representation of
the Muslim community as recorded in the description, asking if this representation would be chosen for
themselves (Muslim Community) as a representation of their community.
Motion to Approve: Joseph Murtagh
Seconded By: Stephen Smith
Vote Pass: 9-1
Member Approve Deny Abstain Table
Cynthia Brock X
George McGonigal X
Joseph (Seph) Murtagh X
Ducson Nguyen X
Donna Fleming X
Rob Gearhart X
Graham Kerslick X
Stephen James Smith X
Deborah Mohlenhoff X
Laura Lewis X
7.1 Approval of Sky Ride Sculpture Location
YouTube Timestamp: 2:54:24
Discussion Summary: Steve Smith, Seph Murtagh and Mayor agrees with Black Diamon Trail as an appropriate
choice. Tom Logue responded to George’s question about going through normal channels; The normal channel
during normal times would be to go through the Community Life Commission, which is not meeting, so instead the
proposal was brought to the Planning and Economic Development Committee. Logue went to explain the
process and channels and the direction followed. Discussions continued with questions and comments from
Council on bringing in art into the community.
Motion to Approve: Joseph Murtagh
Seconded By: Steve Smith
Vote Pass: 8-2
Member Approve Deny Abstain Table
Cynthia Brock X
George McGonigal X
Joseph (Seph) Murtagh X
Ducson Nguyen X
Donna Fleming X
Rob Gearhart X
Graham Kerslick X
Stephen James Smith X
Deborah Mohlenhoff X
Laura Lewis X
Agenda Item 8.1- 8.3 Mayor’s Appointments
8.1 Reappointments to the Parks, Recreation, & Natural Resources Commission &
8.2 Appointments to the Fiscal Oversight Committee for the Conference Center
8.3 Appointment to the Examining Board of Electricians
YouTube Timestamp: 3:02:58
Discussion Summary: No Discussion
Motion to Approve: Cynthia Brock
Seconded By: Graham Kerslick
Vote Pass: 10-0 Carried Unanimously
Member Approve Deny Abstain Table
Cynthia Brock X
George McGonigal X
Joseph (Seph) Murtagh X
Ducson Nguyen X
Donna Fleming X
Rob Gearhart X
Graham Kerslick X
Stephen James Smith X
Deborah Mohlenhoff X
Laura Lewis X
Agenda Item 9.1 Reports of Special Committees
No Report
Agenda Item 9.2 Reports of Common Council Liaisons
Ducson reported on MOU with Cornell (YouTube Timestamp: 3:03:27)
Laura Lewis- IDA’s Housing Committee and workforce housing policy. (YouTube Timestamp: 3:04:10)
Agenda Item 9.3 City Clerk
No Report
Agenda Item 9.4 City Attorney
Aaron Levine - 3 Executive Sessions to discuss Labor Contract Negotiations, Potential Sale or Acquisition of Real
Estate, Pending Litigation. Reminded Council Executive Session is a confidential conversation, voting will be
done in Public. (YouTube Timestamp: 3:06:13)
5 Minute Recess to reconvene under Executive Session (YouTube Timestamp: 3:08:10)
Motion to Exit Executive Session
YouTube Timestamp: 3:48:33
Motioned by: Steve Smith
Seconded By: Ducson Nguyen
Vote Pass: 10-0 Carried Unanimously
Member Approve Deny Abstain Table
Cynthia Brock X
George McGonigal X
Joseph (Seph) Murtagh X
Ducson Nguyen X
Donna Fleming X
Rob Gearhart X
Graham Kerslick X
Stephen James Smith X
Deborah Mohlenhoff X
Laura Lewis X
Agenda Items (New) 4.4-4.5
YouTube Timestamp: 3:48:41
4.4 Approval and Authorization to Execute the CSEA Administrative Unit Contract
4.5 Authorization and Approval of Compensation for Confidential Employees not Included Under the CSEA
Administrative Contract
Discussion Summary: Resolutions being moved collectively under City Administration
Motion to Approve By: Deborah Mohlenhoff
Seconded By: Graham Kerslick
Vote Pass: 10-0 Carried Unanimously
Member Approve Deny Abstain Table
Cynthia Brock X
George McGonigal X
Joseph (Seph) Murtagh X
Ducson Nguyen X
Donna Fleming X
Rob Gearhart X
Graham Kerslick X
Stephen James Smith X
Deborah Mohlenhoff X
Laura Lewis X
Agenda Item (New) 4.3 Proposed Motion to Enter into Executive Session to Discuss Matters Relating to
Collective Negotiations with Bargaining Units
YouTube Timestamp: 3:49:57
Discussion Summary: There will be No vote by Council
Motion to Enter into Executive Session
Motioned By: Stephen Smith
Seconded By: Robert Gearhart
Vote Pass: 10-0 Carried Unanimously
Member Approve Deny Abstain Table
Cynthia Brock X
George McGonigal X
Joseph (Seph) Murtagh X
Ducson Nguyen X
Donna Fleming X
Rob Gearhart X
Graham Kerslick X
Stephen James Smith X
Deborah Mohlenhoff X
Laura Lewis X
Adjournment: 10:30 pm
CONSENT AGENDA:
CITY ADMINISTRATION COMMITTEE:
3.1 Amendment to the Youth Bureau 2021 Roster
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.
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.
3.3 Proposed Resolution to Authorize NYSEG Easement
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.
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.
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
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
CITY ADMINISTRATION COMMITTEE:
4.2 2021 Room Tax Budget – Establishing New Revenue and Expenditure
Accounts in the 2021 City of Ithaca Budget
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
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.
4.3 Proposed Motion to Enter into Executive Session to Discuss Matters
Relating to Collective Negotiations with Bargaining Units
RESOLVED, That Common Council enter into Executive Session to Discuss
Matters Relating to Collective Negotiations with Bargaining Units.
4.4 Common Council – Approval and Authorization to Execute CSEA
Administrative Unit Contract
RESOLVED, That the Common Council approves the agreement between the City
of Ithaca and the CSEA Administrative Unit for a five‐year term commencing
January 1, 2020 and expiring December 31, 2024; and, be it further
RESOLVED, That the Mayor is authorized to fully execute the agreement on
behalf of the City.
4.5 Authorization and Approval of Compensation for Confidential Employees
Not Included Under the CSEA Administrative Contract
RESOLVED, That for the period of January 1, 2020 through December 31, 2024,
all rostered employees not covered by a formal labor contract, excluding positions
designated as management or seasonal, be granted salary increases and fringe
benefits in accordance with the provisions of the CSEA Administrative Unit
contract.
PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE:
5.1 4th Amendment to HUD Entitlement Citizen Participation Plan - COVID-19
Amendment
WHEREAS, the Citizen Participation Plan establishes the City of Ithaca’s
procedures for involving the public in development and implementation of the HUD
Entitlement Program, and
WHEREAS, on March 31, 2020, in response to the COVID-19 pandemic and
mandated social distancing, the U.S. Department of Housing and Urban
Development (HUD) issued a Mega-waiver covering HUD-administered programs
that included flexibility regarding citizen participation and public hearings for
Consolidated Plans and Action Plans, and
WHEREAS, the City of Ithaca seeks to establish expedited procedures necessary
to quickly and effectively administer federal funding made available to respond to
the COVID-19 Pandemic in accordance with the HUD Mega-waiver, and
WHEREAS, an annual Action Plan contains a description and budget for individual
activities to be undertaken with funding made available to the City of Ithaca
through the HUD Entitlement program, including the CDBG and HOME programs,
and
WHEREAS, the HUD Mega-waiver identifies a minimum five (5) day public
comment, period, to include a virtual public hearing with opportunity for citizens to
comment in real time, provides reasonable notice and opportunity for comment to
meet citizen participation requirements for Consolidated Plans and Action Plans;
and
WHEREAS, the applicability of temporary COVID-19 pandemic amendments to the
Citizen Participation Plan expire on July 31, 2021 though the federal emergency
may extend beyond the expiration date; now, therefore, be it
RESOLVED, That the Common Council for the City of Ithaca hereby adopts a 4th
amendment to the City of Ithaca HUD Entitlement Citizen Participation Plan, dated
April 23, 2020, to extend the applicability of expedited public participation
procedures in accordance with HUD-issued waivers for the following funding:
● CDBG-CV grant
● HOME American Rescue Plan grant
● FY19 and FY20 CDBG grants
● FY19 and FY20 HOME grants
5.2 Inlet Island Urban Renewal Project, Authorize Transfer of City-Owned
Properties to IURA - Declaration of Lead Agency
WHEREAS, the State Environmental Quality Review Act (“SEQRA”) and Chapter
176 of the City Code, the City Environmental Quality Review Ordinance
(“CEQRO”), require that a lead agency be established for conducting
environmental review of any action subject to such review, in accordance with
state and local environmental law, and
WHEREAS, SEQRA specifies that the lead agency shall be that agency which has
primary responsibility for approving, funding or carrying out the proposed action,
and
WHEREAS, the proposed action is Common Council authorization to transfer
approximately 1.8 acres of City-owned properties on Inlet Island to the Ithaca
Urban Renewal Agency, via an option agreement, for the purpose of structuring a
proposed property sale and development agreement with Finger Lakes
Development, LLC to undertake an urban renewal project subject to approval by
the Common Council, which is an “Unlisted” Action pursuant to CEQRO, thereby
requiring environmental review; and
WHEREAS, no other agency has jurisdiction to fund, approve or undertake the
action; now, therefore, be it
RESOLVED, That the Common Council of the City of Ithaca does hereby declare
itself as lead agency for the environmental review of this proposed action.
5.3 Inlet Island Urban Renewal Project, Authorize Transfer of City-Owned
Properties to IURA - Environmental Review
WHEREAS, the Common Council is considering granting authorization to transfer
approximately 1.8 acres of City-owned properties on Inlet Island to the Ithaca
Urban Renewal Agency, via an option agreement, for the purpose of structuring a
proposed property sale and development agreement with Finger Lakes
Development, LLC to undertake an urban renewal project subject to approval by
the Common Council, and
WHEREAS, such proposed option agreement shall include a seller contingency
requiring completion of environmental review and site plan approval of the urban
renewal project as a pre-condition for transfer of City-owned properties to the
IURA, and
WHEREAS, the City of Ithaca Common Council declared itself Lead Agency for the
environmental review of this proposed action, and
WHEREAS, the proposed action is categorized as an “Unlisted” action under the
City Environmental Quality Review Ordinance (CEQRO), and
WHEREAS, the proposed urban renewal project is not fully defined or designed at
this time, nor possible without acquisition of City-owned land, therefore an analysis
of potentially significant adverse environmental impacts of a yet-to-be defined
urban renewal project at Inlet Island is not feasible at this stage of the proposed
project, and
WHEREAS, the proposed urban renewal project will undergo separate
environmental review after it has been fully defined through the mandatory site
plan review process, and
WHEREAS, the City of Ithaca Common Council, acting as Lead Agency for the
environmental review, has reviewed and accepted as adequate a Short
Environmental Assessment Form, prepared by Ithaca Urban Renewal Agency
staff; now, therefore, be it
RESOLVED, The City of Ithaca Common Council, as lead agency in this matter,
hereby determines that circumstances warrant a segmented review of the
contingent property transfer from the other stages of the proposed urban renewal
project and that subsequent environmental review during the site plan review
process will be no less protective of the environment; and be it further
RESOLVED, That the City of Ithaca Common Council hereby determines that the
proposed action will result in no significant impact on the environment and that a
Negative Declaration for purposes of Article 8 of the Environmental Conservation
Law be filed in accordance with the provisions of Part 617 of the State
Environmental Quality Review Act.
5.4 Inlet Island Urban Renewal Project, Authorize Transfer of City-Owned
Properties to IURA - Action
WHEREAS, the Ithaca Urban Renewal Agency (IURA) and the City of Ithaca
collectively own approximately 3 acres of underutilized land on Inlet Island
(Project Site), and
WHEREAS, an Inlet Island urban renewal project proposed by Finger Lakes
Development, LLC failed to gain Common Council endorsement in 2008, and
WHEREAS, in 2020, the IURA received two unsolicited proposals for
development at the Project Site, and
WHEREAS, the IURA and Common Council rescinded the 2006 preferred
developer and sponsor status of Finger Lakes Development, LLC to clarify that
the IURA will use a competitive process open to all developers to propose
conceptual development plans for the Project Site, and
WHEREAS, in March 2021, the IURA issued a Request for Expressions of
Interest (RFEI) for conceptual development proposals at the Project Site, and
WHEREAS, the objective of the RFEI process was to identify if any respondent’s
schematic plan and development program offer sufficient community benefits to
gain conceptual approval from both the IURA and Common Council as the basis
for a proposed urban renewal project to redevelop the Project Site, and
WHEREAS, the IURA sought an urban renewal project that will improve the
physical, social, and economic characteristics of the project site and
surrounding area, and advance goals and objectives of the 2015 City’s
comprehensive plan, and its Waterfront Plan chapter adopted in 2019, and
WHEREAS, The Waterfront Plan encourages the following land use objectives:
Mixed-use development
Housing opportunities at all income levels
Public access to the waterfront
Better multi-modal connections
Vibrant waterfront, and
WHEREAS, RFEI responses were received from:
1. Waterfront Alchemy, LLC/Strategic Elements
2. Finger Lakes Development, LLC
3. Visum Development Group, LLC and
WHEREAS, at its June 2021 meeting, the IURA affirmed its Economic
Development Committee’s recommendation by selecting the conceptual
development plan submitted by Finger Lakes Development, LLC (FLD) as its
top-ranked conceptual development plan for an Inlet Island urban renewal
project, and
WHEREAS, the IURA further concluded that the FLD proposal offered strong
potential to improve the physical, social, and economic characteristics of the
project site and surrounding area, and advance goals and objectives of the
2015 City’s comprehensive plan, and its Waterfront Plan chapter adopted in
2019, subject to the following:
• Commitment from the developer to share environmental clean-up costs;
and
• Clarification of Finger Lakes Boating Center’s commitment to make
improvements, in terms of visual access and limited boat storage;
• Commitment by the developer to address the U.S. Coast Guard
Auxiliary’s need to maintain its water access and continued operations;
and
WHEREAS, to indicate conceptual support to pursue an urban renewal project
with FLD based on their conceptual development proposal, the IURA requests
the City of Ithaca Common Council provide the IURA with site control of certain
City-owned properties on Inlet Island; now, therefore be it
RESOLVED, that the City of Ithaca Common Council hereby authorizes
transfer of the following City-owned properties on Inlet Island to the Ithaca
Urban Renewal Agency, via an option agreement, for the purpose of structuring
a proposed property sale and development agreement with Finger Lakes
Development, LLC to undertake an urban renewal project subject to approval
by Common Council:
• Tax parcel map #43.-1-4, former Agway Fuels property
• Tax parcel map #52.-1-1.2, 446 Taughannock Blvd.
• Tax parcel map #43.-1-6, discontinued segment of Old Taughannock
Blvd.
• Tax parcel map #43.-1-5, 508 Taughannock Blvd. (subject to acquisition
from New York State)
, and be it further
RESOLVED, that the purchase option agreement may only be exercised upon
Common Council approval of an Inlet Island urban renewal project, and be it
further
RESOLVED, that the Mayor, subject to review by the City Attorney, is hereby
authorized to implement this resolution, including execution of any and all
instruments necessary to execute an option agreement with the IURA.
5.5 An Ordinance to Release City Easement Across 401 E. State Street Parcel
WHEREAS, presently before Common Council is a proposal requesting that the
City release its rights to an easement running through the parcel known as 401
East State Street (“Property”), recorded by deed and replacement of an existing
storm drain easement, both encumbering the parcel now currently identified as
Tax Map Parcel 69.-6-3; and
WHEREAS, McKinley Ithaca, LLC the contract purchaser of the Property, and on
behalf of GPA Management, LLC, the current property owner of 401 East State
Street, tax map parcel 69.-6-3, has requested that the City release rights to a
pedestrian easement extending from the most northeasterly point of the property
to the northwest running along the property line, release a drainage easement with
replacement (shown in the documents attached as Exhibit A) and allow McKinley
Ithaca, LLC to place a shoring system for its construction on City property; and
WHEREAS, City staff are supportive of releasing the easements in exchange for
the replacement easements indicated in Exhibit A; and
WHEREAS, in consideration for the City’s release of the pedestrian easement,
specifically, McKinley Ithaca, LLC will complete the following site improvements
that will benefit the City and the general public:
• Completion of the Six Mile Creek trail and railing (approximately 300 feet)
to the end of the property. This will match the existing trail and be publicly
accessible.
• Extension of the Six Mile Creek trail by approximately 150 feet into the City
owned-property to the east of 401 East State Street site.
• Provide a replacement pedestrian easement of approximately 160 feet, a
pedestrian bridge open for public use across the retaining wall, and install
stairs from State Street onto the project site below to connect to the Six
Mile Creek trail; and
WHEREAS, the extinguishment of the easements was considered as part to the
SEQR Process with a Negative Declaration issued on May 25, 2021; and
WHEREAS, the City Charter requires approval by three-fourths of the Common
Council to authorize divestment of real property, and
WHEREAS, the City Charter further requires notice of a proposed sale to be
published no less than once each week for three weeks, the first such notice being
published no less than 30 days prior to the approval vote, and such notices have
been published; now, therefore be it,
ORDINANCE NO. 2021 -
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca
as follows:
Section 1. Legislative Intent and Purpose. The Common Council makes the
following findings of fact:
The above-described easements are surplus for municipal purposes. The
replacement easements and consideration offered by McKinley Ithaca, LLC is
adequate to release the City’s interests in the easements and grant McKinley
Ithaca, LLC replacement easements as described herein and shoring easement
for the tie backs installed on City property.
Section 2. Approval and Execution of Deed.
The Common Council authorizes and directs the Mayor on the advice of the City
Attorney, to execute documents as needed to effect these transactions.
Section 3. Effective Date.
This ordinance shall take effect immediately.
5.6 Resolution to Select Artwork for a Mural Installation in the Dryden Road Parking
Garage
WHEREAS, in 2010, the PAC created a mural and street art program to beautify blank walls
within the city, while providing local artists from all sections of the community an opportunity to
showcase their work, and
WHEREAS, the Board of Public Works approved several locations for future murals and street
art by resolution on May 19, 2010, and the City’s Dryden Road Parking Garage was added to
this list of approved locations by the Board on July 14, 2014, and
WHEREAS, Yerke Abuova submitted a proposal for a mural honoring all those who have lost
their lives due to the COVID-19 pandemic, as part of the City’s Mural and Street Art Program,
and
WHEREAS, the artist will self-fund the mural installation, and the project will be budget-neutral
to the City; now, therefore, be it
RESOLVED, That the City of Ithaca Common Council selects Yerke Abuova’s mural proposal
to be installed in the Dryden Road Parking Garage and to be added to the City of Ithaca’s
public art collection; and be it further
RESOLVED, That the selected artist may proceed with the installation of the mural upon the
execution of an agreement with the City as reviewed by the City Attorney.
5.7 A Resolution to Authorize the Conveyance of the Northside Apartments, Overlook
Terrace, and the Southview Gardens Public Housing Projects by the Ithaca Housing
Authority to Ithaca No Housing Development Fund Company Inc.
WHEREAS, the Ithaca Housing Authority (the “Authority”) is the owner of the following real
property located in the City of Ithaca (the “City”), County of Tompkins, State of New York: (i)
510-530 Madison Street, 503-621 Hancock Street, 118-130 Morris Avenue, 216-312 Third
Street, 202-311 Fourth Street and 107-141 Fifth Street, being designated as Tax Map No.’s
44.-3-3, 44.-4-1 and 44.-8-1 (the “Northside Property”); (ii) 410-412 Hector Street, being
designated as Tax Map No.’s 41.-1-3.1 and 41.-1-3.2 (the “Overlook Property”); and (iii) 410-
422 South Plain Street and 304-310 Center Street, being designated as Tax Map No. 80.-3-
10 (the “Southview Property”, and together with the Northside Property and the Overlook
Property, the “Property”); and
WHEREAS, the Property is presently improved by approximately one hundred six (106)
residential rental units for low and very-low income persons and families situated in: (i)
fourteen (14) two-story apartment buildings and other ancillary improvements on the
Northside Property commonly known as Northside Apartments; (ii) one (1) two-story
apartment building, four (4) one-story apartment buildings and other ancillary improvements
on the Overlook Property commonly known as Overlook Terrace Apartments; and (iii) four (4)
two-story apartment buildings and other ancillary improvements on the Southview Property
commonly known as Southview Gardens Apartments (collectively, the “Project”); and
WHEREAS, the physical condition of the Project has become dilapidated and deteriorated
over time, yet the Authority does not have sufficient resources available to remedy such
dilapidation and deterioration; and
WHEREAS, the Authority desires to redevelop and rehabilitate the Project, in order to provide
the current residents of the Project and others with improved, safe, decent and affordable
housing; and
WHEREAS, the infusion of private enterprise and private capital are essential components to
such redevelopment and the continued success and long-term viability of the Project; and
WHEREAS, the Authority has indicated that the sale and conveyance of the Property by the
Authority to Ithaca NOS Housing Development Fund Company, Inc. (the “HDFC”), a to-be-
formed New York not-for-profit corporation which will be organized pursuant to Article XI of
the New York Private Housing Finance Law, as nominee for Ithaca NOS Limited Partnership
(the “Partnership”), a to-be-formed New York limited partnership, is necessary in order for the
Project to obtain the benefits of Federal low-income housing tax credits and to otherwise
accomplish the redevelopment of the Project; and
WHEREAS, the HDFC will be formed for the purpose of providing residential rental
accommodations for persons of low-income, and Cayuga Housing Development Corporation,
an affiliate of the Authority, will be its sole member; and
WHEREAS, the HDFC will acquire fee title to the Property, as nominee for the Partnership,
and will convey its equitable and beneficial interests in the Property to the Partnership in
furtherance of the development of the Project; and
WHEREAS, the Partnership will redevelop, rehabilitate, beneficially own, maintain and
operate the Project as an approximately one hundred eighteen (118) unit housing project for
persons of low income at the Property, which redevelopment and rehabilitation will include
the selective demolition and replacement of existing apartment buildings at the Northside
Property, resulting in a total of seventeen (17) two-story apartment buildings containing
eighty-two (82) residential rental units being situated thereon; and
WHEREAS, the HDFC will be the co-general partner of the Partnership; and
WHEREAS, in accordance with the terms and provisions of Section 58-b of the Public
Housing Law of New York State, a sale or lease by a housing authority of all or a portion of a
project in order to obtain the benefits of any Federal program of assistance for low-income
housing is subject to the approval of the local legislative body; and
WHEREAS, the City desires to encourage a sufficient supply of adequate, safe and sanitary
dwelling accommodations properly planned for persons with low incomes; and
WHEREAS, in order to facilitate the contemplated redevelopment and rehabilitation of the
Project, the City desires to confirm its approval of the Authority’s sale and conveyance of the
Property to the HDFC, as nominee for the Partnership; now, therefore, be it
RESOLVED, That the City Council hereby authorizes and approves the sale and conveyance
of the Project by the Authority to the HDFC, as nominee for the Partnership, which sale and
conveyance shall be upon such terms and conditions as the Authority may deem appropriate;
and be it further
RESOLVED, That the Mayor of the City is hereby authorized and directed to take any and all
actions and execute and deliver any and all documents or instruments that may be necessary
or desirable to carry out the intent of the foregoing resolutions; and be it further
RESOLVED, That this resolution shall take effect immediately.
NEW BUSINESS:
7.1 Approval of Sky Ride Sculpture Location
WHEREAS, Plan Ithaca, the City’s comprehensive plan, identifies public art as an important
cultural resource that contributes to quality of life and economic vitality and calls for the City’s
continued support of public art, and
WHEREAS, the Community Arts Partnership (CAP) and City of Ithaca Department of
Planning & Development have collaborated on the development of a public sculpture project
which is envisioned as a community-built kinetic sculpture utilizing re-used materials and
communicating an inclusive and exciting vision for the future of active transportation in
Ithaca, and
WHEREAS, additional goals for the sculpture are that it appeal to an audience that is diverse
in age, income, cultural background, and artistic appreciation; that the artwork be fabricated
to withstand the upstate New York weather, be low maintenance, safe, theft and damage
resistant; and that it ‘spark joy’ in the viewer and express the artists’ aesthetic sensibility; and
WHEREAS, the City and CAP convened a project steering committee composed of
community members with interest and experience in public art and active transportation, and
the committee was charged with selecting the artist, working with the artist on development of
a design concept and identifying preferred locations, and
WHEREAS, the Community Arts Partnership issued a Request for Qualifications for artists to
submit credentials and examples of previous work, and the project steering committee
selected Patricia Vader from among numerous respondents as an artist with strong relevant
experience and excellent fit with the vision and goals for the project, and
WHEREAS, in late 2020 and early 2021, the project steering committee worked with the artist
to develop a conceptual design for the sculpture which the artist has tentatively titled Sky
Riders, and
WHEREAS, in March and April 2021, the project steering committee reviewed the City’s list
of nearly two dozen potential City-owned sites suitable for siting sculptures and evaluated
those sites for visibility and overall suitability, and
WHEREAS, the committee initially selected a preferred location for the sculpture in Cass
Park between the Cayuga Waterfront Trail and the Cayuga Inlet to the South of the Coach’s
Crossing bridge and across the trail from the birding kiosk, and
WHEREAS, City Staff and the Parks, Recreation, and Natural Resources Commission
solicited public input on this project location and the Commission also met to discuss the
proposal at their June meeting and did not support this location but suggested revisiting other
possible locations including the Black Diamond Trail Trailhead and the location on Inlet Island
between Cliff Street and State Street known as Pete’s Triangle, and either of these two sites
has been evaluated and deemed suitable by City staff and the project steering committee,
and
WHEREAS, City staff including City Forester Jeanne Grace, Recreation Supervisor Jim
Dalterio have been consulted on the proposed locations and confirmed that a sculpture in the
proposed areas would not impact any surrounding natural or recreational features, and
WHEREAS, pending Board of Public Works approval, the sculpture is scheduled to be
fabricated and installed in late summer or fall 2021, and
WHEREAS, prior to installation, the project team will contract with a qualified engineer to
design an appropriate concrete footer and review and approve the structural elements of the
sculpture, and
WHEREAS, the project is funded by two private grants to the Community Arts Partnership
and Center for Community Transportation and no City funds are required to design, fabricate
or install the sculpture; now, therefore be it
RESOLVED, That Common Council accepts the proposal by Community Arts Partnership to
create a sculpture for the City at the Black Diamond Trail Trailhead or Pete’s Triangle, and be
it further
RESOLVED, That the selected artist may proceed with the installation of the sculpture upon
approval by Common Council and the execution of an agreement with the City as reviewed
by the City Attorney.
MAYOR’S APPOINTMENTS:
8.1 Reappointments to the Parks, Recreation, and Natural Resources
Commission
RESOLVED, That Daniel Hoffman be reappointed to the Parks, Recreation, and
Natural Resources Commission with a term to expire December 31, 2022 and, be it
further
RESOLVED, That Tyler Moeller be reappointed to the Parks, Recreation, and Natural
Resources Commission with a term to expire December 31, 2022, and be it further
RESOLVED, That Stephanie Figary be reappointed to the Parks, Recreation, and Natural
Resources Commission with a term to expire December 31, 2022, and be it further
RESOLVED, That Paul Paradine be appointed to the Parks, Recreation, and Natural
Resources Commission to fill a vacancy with a term to expire December 31, 2021, and be it
further
8.2 Appointments to the Fiscal Oversight Committee for the Conference Center
RESOLVED, That Former Chief of Staff Dan Cogan, Deputy Director of Economic
Development Tom Knipe, and IURA Director Nels Bohn be appointed to the Fiscal Oversight
Committee for the Conference Center with one vote each assigned to them, and be it further
RESOLVED, That City Controller Steven Thayer be appointed to the Fiscal Oversight
Committee for the Conference Center with two votes assigned to him.
8.3 Appointment to the Examining Board of Electricians
RESOLVED, That Max Paskin be appointed to the Examining Board of Electricians with a
term to expire December 31, 2023.