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HomeMy WebLinkAboutMN - CC - 2021-01-06January 6, 2021 Common Council Meeting Minutes Meeting Called to order: ________6________________ P.M. Meeting Adjourned: Unknown due to Executive Session___ P.M. YouTube Link: https://www.youtube.com/watch?v=_LzRVUQa_Ik&list=PLfplo_VA57eoynrqxkGvi11vxHlwByjZw&index=5 9 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 – 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 Smith X 5th Ward – Deb Mohlenhoff X 5th Ward – Laura Lewis X Total voting members for this meeting 1.1: Additions/deletions to the agenda: Alderperson Murtagh added Supporting and the adaption of the Owasco Lake Watershed Rules and Regulations. Should be added to PEDC agenda since it was voted on at the PEDC meeting. Mayor Myrick indicated it would be added first under the PEDC agenda. No objections. City Attorney Lavine added an executive session at the end of the meeting to discuss acquisition of real estate. YouTube timestamp: 0:25 Mayor Myrick addressed the events of the day, January 6, 2021, in Washington D.C. Mayor Myrick said he would provide a State of the City address in writing to council. Agenda Item: 1.3 Special Presentations before Council: Appointment of Acting Mayor Deb Mohlenhoff and Alternate Acting Mayor Seph Murtagh YouTube Timestamp: 14:52 Discussion Summary: Motion to Approve: __Alderperson Kerslick_____________________________ Seconded by: __Alderperson Fleming_____________________________ Vote Passed 10-0 Member Approve Deny Abstain Table Cynthia Brock X George McGonigal X Seph Murtagh X Ducson Nguyen X Donna Fleming X Rob Gearhart X Graham Kerslick X Stephen Smith X Laura Lewis X Deb Mohlenhoff X HR director Schelly Michelle Nunn gave an update on the Reimagining Public Safety Process. YouTube Timestamp: 16:27 No public comment so council moved straight to privilege of the floor. YouTube Timestamp: 38:30 Alderperson McMonigal: MLK birthday breakfast at GIAC will be held virtually at 9:30 a.m. on Saturday, Jan. 16. Agenda Item: Consent Agenda: 3.1-3.11 YouTube Timestamp: 39:44 Discussion Summary: Motion to Approve: ___Alderperson Mohlenhoff____________________________ Seconded by: ____Alderperson Smith___________________________ Vote Passed 10-0 Member Approve Deny Abstain Table Cynthia Brock X George McGonigal X Seph Murtagh X Ducson Nguyen X Donna Fleming X Rob Gearhart X Graham Kerslick X Stephen Smith X Laura Lewis X Deb Mohlenhoff X Carried Unanimously 10-0 Agenda Item: 4.1 – Support of a 2021 Application to the New York Main Street Program by the Downtown Ithaca Alliance YouTube Timestamp: 40:21 Discussion Summary: Gary from the DIA was invited to speak, saying they have five projects honed in on, which will result in 12 housing units being created in the Downtown Ithaca area. Projects that are currently being worked on: 114 and 118 S. Cayuga St., 126 and 128 S. Cayuga St., 300 E. State St., 208- 210 E. State St., and another that is still confidential since the deal is still being finalized. Said that the grant would be split among those five properties. Alderperson Lewis: Asked about the configuration of the housing units. Gary: Still to be determined. At this stage, we still don’t have those details yet, but they will range in size from studios to 2-bedroom. Alderperson Lewis: When they would know those specifications. Gary Once it gets awarded, one of the first things that’ll be done is architectural help will be brought in. Alderperson McMonigal: Asked if the five-year limit for the 90%? Is it a state limit or something Common Council decided? Gary: State. Alderperson Brock: Do we have the ability to require anything less than the 90% AMI? Gary: Not sure. Would probably be difficult given the amounts going into the units. Alderperson Brock: How can we be sure here in Ithaca that these units are actually going to be affordable to working people in Ithaca? Gary: That is the requirement that comes out of this grant. We could change it ourselves, but we would need to rework the economics on the projects. Alderperson McGonigal: Tend to agree with Cynthia, the 90% leaves us with high rent. Next time we should do 80% when applying for this grant. Motion to Approve: Alderperson Mohlenhoff Seconded by: Alderperson Kerslick Vote Passed 10-0 Member Approve Deny Abstain Table Cynthia Brock X George McGonigal X Seph Murtagh X Ducson Nguyen X Donna Fleming X Rob Gearhart X Graham Kerslick X Stephen Smith X Laura Lewis X Deb Mohlenhoff X Carried Unanimously 10-0 Agenda Item: 4.2 – A Local Law Entitled “Repeal Residency Requirements in City Code, Chapter 90, Article X, Sections 90-67 and 90-68” YouTube Timestamp: 52:33 Discussion Summary: Alderperson Mohlenhoff: Quite the discussion at CA, with the desire to figure out some kind of balance to this. We understand the situation that we are in and we’re willing to take a look at this on this side, but there was also a lot of discussion around there being a possibility in the future to revisit this and sort of incentivizing of certain employees living in the city and what that could look like. We didn’t want to impede making this change at this moment. Alderperson McMonigal: Spoke with some constituents, who said living in the city gives an opportunity to pay city taxes. Some of senior staff may see it when taxes go up. If it’s not what we want, we can revisit it. Motion to Approve: ___Alderperson Mohlenhoff____________________________ Seconded by: ____Alderperson Kerslick ___________________________ Vote Passed 10-0 Member Approve Deny Abstain Table Cynthia Brock X George McGonigal X Seph Murtagh X Ducson Nguyen X Donna Fleming X Rob Gearhart X Graham Kerslick X Stephen Smith X Laura Lewis X Deb Mohlenhoff X Carried Unanimously 10-0 Agenda Item: 4.3 – Advocacy for Federal Guarantee Income Programs YouTube Timestamp: 58:07 Discussion Summary: Alderperson Mohlenhoff: May need to wordsmith this a little bit, based on what didn’t happen between CA and CC, but not sure how to do it. Mayor Myrick: Change it to Majority Leader. Friendly Amendment has been noted. Alderperson Lewis: Fully supportive of this. Appreciate the work that has gone on to put this together. City will be awarded another grant, just can’t share all the details yet. Alderperson Brock: Asked Mayor Myrick about Mayors for Guaranteed Income initiative. Is it across the US or just NYS. Mayor Myrick: National non-profit, founded by Stockton, CA mayor. That organization has done great work at the Federal level and has also done pilot programs. Motion to Approve: ___Alderperson Mohlenhoff____________________________ Seconded by: ____Alderperson Smith ___________________________ Vote Passed 10-0 Member Approve Deny Abstain Table Cynthia Brock X George McGonigal X Seph Murtagh X Ducson Nguyen X Donna Fleming X Rob Gearhart X Graham Kerslick X Stephen Smith X Laura Lewis X Deb Mohlenhoff X Carried Unanimously 10-0 Agenda Item: 4.4 – A resolution Authorizing the issuance of $3,650,400 Bonds of the City of Ithaca to pay the costs of certain capital improvements in and for said City. YouTube Timestamp: 1:09.20 Discussion Summary: Motion to Approve: ___Alderperson Mohlenhoff____________________________ Seconded by: ____Alderperson Kerslick__________________________ Vote Passed 10-0 Member Approve Deny Abstain Table Cynthia Brock X George McGonigal X Seph Murtagh X Ducson Nguyen X Donna Fleming X Rob Gearhart X Graham Kerslick X Stephen Smith X Laura Lewis X Deb Mohlenhoff X Carried Unanimously 10-0 Report of City Controller: YouTube Timestamp: 1:11:21 Agenda Item: PEDC Agenda Addition 5.1 – Oswaco Lake Watershed Rules and Regulations YouTube Timestamp: 1:17.43 Discussion Summary: Alderperson McMonigal: Fully support this effort. Alderperson Lewis: Fully support this as well. Good discussion at PEDC. Asked why there was little support from NYS and if we have reason to believe if we will be receiving support from the state going forward. Roxanna: Unknown. We have a new threat to be worried about with our drinking water in invasive species. Motion to Approve: ___Alderperson Murtagh____________________________ Seconded by: ____Alderperson Brock ___________________________ Vote Passed 10-0 Member Approve Deny Abstain Table Cynthia Brock X George McGonigal X Seph Murtagh X Ducson Nguyen X Donna Fleming X Rob Gearhart X Graham Kerslick X Stephen Smith X Laura Lewis X Deb Mohlenhoff X Carried Unanimously 10-0 Agenda Item: 5.2 – Annual Common Council Concurrence that the City of Ithaca Planning and Development Board be the lead agency in environmental review for Site Plan Review Projects for which the Common Council is an involved agency YouTube Timestamp: 1:28.12 Discussion Summary: Motion to Approve: ___Alderperson Murtagh___________________________ Seconded by: ____Alderperson Lewis__________________________ Vote Passed 0-0 Member Approve Deny Abstain Table Cynthia Brock X George McGonigal X Seph Murtagh X Ducson Nguyen X Donna Fleming X Rob Gearhart X Graham Kerslick X Stephen Smith X Laura Lewis X Deb Mohlenhoff X Carried Unanimously 10-0 Agenda Item: 5.3 – Proposed Disposition and Development Agreement – East Section of Green Street Garage Mixed Use Urban Renewal Project YouTube Timestamp: 1:28.55 Discussion Summary: Alderperson Lewis: Supportive of this, but wanted to make one point. I would strongly encourage the developer to communicate regularly with businesses that would be impacted by construction. Alderperson McGonigal: Congratulate Nels and all his work on this. Challenge to get everything the City wants. I don’t see any reference to local labor in the DDA. Laura working with the IDA to get local labor taken more seriously. All the developments going on in the city, we haven’t come up with a local labor requirement. Tired of waiting for it. I would like to see it added to this DDA, but if it’s too late to do that, I can’t support this. Nels: Common Council has the right to change. There isn’t clear guidance on local labor participation rate. Varied from 30%-50-60%. More specialized construction, harder to get local labor. McGonigal: IDA has been recording this information for years. This system is not enough. We need a minimum. Agree with Nels, more specialized trade is harder to get local labor. Would suggest adding local labor requirement for 30% for Tompkins and adjacent counties. McGonigal moves to add this. Murtagh seconds. Fleming: Thought this would be subject to the IDA’s guidelines. Murtagh: Think Nels is saying that the IDA has a committee that is looking at this. Right now, their policy is just requiring the reporting of the data. To me, 30% seems relatively safe given the other projects. Cogan: Who is going to enforce this? What are the penalties going to be if it’s not met. Mohlenhoff: Feeling uncomfortable adding this in at the last minute if we already had a good faith negotiation on this. It’s extremely complicated with trying to figure out how to track it, enforce it. How do we know what’s local, how do we deal with sub-contractors? I think this is potentially the wrong way to get at this problem. I would prefer to work on more. Resolved: The DDA be amended to require 30% local labor participation on the project and that 30% be monitored by the IDA. Local labor to be defined as Tompkins and all contiguous counties. Amendment passed 8-2 with Fleming and Mohlenhoff voting against said amendment. Motion to Approve: ___Alderperson Murtagh____________________________ Seconded by: ____Alderperson Smith ___________________________ Full Resolution Vote Passed 10-0 Member Approve Deny Abstain Table Cynthia Brock X George McGonigal X Seph Murtagh X Ducson Nguyen X Donna Fleming X Rob Gearhart X Graham Kerslick X Stephen Smith X Laura Lewis X Deb Mohlenhoff X Agenda Item: 5.4 – Inlet Island Urban Renewal Project – Rescind 2006 Preferred Developer Designation YouTube Timestamp: 1:57.25 Discussion Summary: Alderperson Brock: Supports this, thanks for bringing it forward. Wanted to update it. Believes the City has abolished CTAP. Motion to Approve: ___Alderperson Murtagh____________________________ Seconded by: ____Alderperson Smith ___________________________ Vote Passed 10-0 Member Approve Deny Abstain Table Cynthia Brock X George McGonigal X Seph Murtagh X Ducson Nguyen X Donna Fleming X Rob Gearhart X Graham Kerslick X Stephen Smith X Laura Lewis X Deb Mohlenhoff X Carried Unanimously 10-0 Agenda Item: 5.5 – Resolution to Approve Entering an Agreement with Cycle CNY for Mountain Bike Trails in Cass Park – A. Designation for Lead Agency (Common Council) YouTube Timestamp: 2:01.43 Discussion Summary: Motion to Approve: ___Alderperson Murtagh____________________________ Seconded by: ____Alderperson Brock___________________________ Vote Passed 10-0 Member Approve Deny Abstain Table Cynthia Brock X George McGonigal X Seph Murtagh X Ducson Nguyen X Donna Fleming X Rob Gearhart X Graham Kerslick X Stephen Smith X Laura Lewis X Deb Mohlenhoff X Carried Unanimously 10-0 Agenda Item: 5.5 – Resolution to Approve Entering an Agreement with Cycle CNY for Mountain Bike Trails in Cass Park – B. Declaration of Environmental Significance YouTube Timestamp: 2:02.16 Discussion Summary: Motion to Approve: ___Alderperson Murtagh____________________________ Seconded by: ____Alderperson Lewis___________________________ Vote Passed 10-0 Member Approve Deny Abstain Table Cynthia Brock X George McGonigal X Seph Murtagh X Ducson Nguyen X Donna Fleming X Rob Gearhart X Graham Kerslick X Stephen Smith X Laura Lewis X Deb Mohlenhoff X Carried Unanimously 10-0 Agenda Item: 5.5 – Resolution to Approve Entering an Agreement with Cycle CNY for Mountain Bike Trails in Cass Park – C. Resolution YouTube Timestamp: 2:02.53 Discussion Summary: Alderperson Kerslick: Mountain Bike trails do a number on environment. How is it going to be maintained? Was there any discussion on that? Murtagh: A lot of discussion on this. It was delayed for a month. There’s memorandum of understanding between the City and Cycle CNY. Same group that maintains the trails in Chendega. Had faith that this organization can pull this off. Brock: This trail is designated to beginner riders, mainly youth. Minimal impact to trees. Don’t anticipate this trail to get heavy and severe usage. McGonigal: Big concerns from bird enthusiast David Nutter. How are the birds going to be affected? Tim Logue: Most of the trails will be low impact, narrow. It’s hard to judge how popular this place is going to be. Human impacts could bother the birds. Minimal thinning. Low impact. Motion to Approve: ___Alderperson Murtagh____________________________ Seconded by: ____Alderperson Lewis___________________________ Vote Passed 10-0 Member Approve Deny Abstain Table Cynthia Brock X George McGonigal X Seph Murtagh X Ducson Nguyen X Donna Fleming X Rob Gearhart X Graham Kerslick X Stephen Smith X Laura Lewis X Deb Mohlenhoff X Carried Unanimously 10-0 Agenda Item: 5.6 – An Ordinance to Amend Chapter 157 of the City of Ithaca Municipal Code entitled, “Commons” to Allow Leashed Dogs on the Primary Commons YouTube Timestamp: 2:09.20 Discussion Summary: Alderperson Gearhart: Supportive of this idea. One question: Primary Commons is the only place in the City of Ithaca or only public place. Motion to Approve: ___Alderperson Murtagh____________________________ Seconded by: ____Alderperson Brock____________ Vote Passed 9-1, McGonigal opposed Member Approve Deny Abstain Table Cynthia Brock X George McGonigal X Seph Murtagh X Ducson Nguyen X Donna Fleming X Rob Gearhart X Graham Kerslick X Stephen Smith X Laura Lewis X Deb Mohlenhoff X Carried 9-1, McGonigal Opposed Reports of Council Liaisons: YouTube timestamp: 2:15.00. Rich DePalo asked that Ron Howe suggest reappointment for Town Supervisor: Moved by Mohlenhoff, Seconded by Brock. Carried unanimously, 10-0. YouTube Timestamp: 2:18.25 Motion to move into Executive Session: Moved: Alderperson Gearhart. Seconded: Alderperson Lewis. Carried Unanimously. YouTube timestamp: 2:23.57. -4- CONSENT AGENDA: CITY ADMINISTRATION COMMITTEE: 3.1 Finance/Controller - Designation of Official Newspaper By Alderperson Mohlenhoff: Seconded by Alderperson Smith RESOLVED, That pursuant to Section C-113 of the City Charter, the Ithaca Journal be and is hereby designated as the official newspaper of the City of Ithaca for the year 2021. Carried Unanimously 3.2 Finance/Controller - Collateral to Secure Deposits By Alderperson Mohlenhoff: Seconded by Alderperson Smith RESOLVED, That the collateral deposited by the Tompkins Trust Company, JP Morgan Chase and M&T Bank as reported be approved as to form and sufficiency. Carried Unanimously 3.3 Finance/Controller - Public Employee's Blanket Bond By Alderperson Mohlenhoff: Seconded by Alderperson Smith RESOLVED, That pursuant to Section 11 of the Public Officers Law, the following Bond, which is on file in the Office of the City Clerk, be, and is hereby approved in all respects for the year 2021. Faithful Performance Blanket Bond Coverage by Travelers Insurance Company $1,000,000 Carried Unanimously 3.4 Finance/Controller - Designation of Common Council Meetings By Alderperson Mohlenhoff: Seconded by Alderperson Smith RESOLVED, That the regular meetings of the Common Council, for the year 2021, be held at 6:00 p.m., on the first Wednesday of each month, through the City of Ithaca Public Meetings YouTube Channel unless otherwise determined by Common Council. Carried Unanimously 3.5 Finance/Controller - Designation of Official Depositories By Alderperson Mohlenhoff: Seconded by Alderperson Smith RESOLVED, That pursuant to Section C-34 of the City Charter, the Tompkins Trust Company, the JP Morgan Chase Bank and the M & T Bank be, and they are, hereby designated as the official depositories of all City Funds for the year 2021. Carried Unanimously -5- 3.6 Common Council - Approval of Travel Policy By Alderperson Mohlenhoff: Seconded by Alderperson Smith WHEREAS, there is to be held during the coming official year a) the New York State Conference of Mayors Annual Meeting and Training School; b) the New York State Conference of Mayors Fall Training School for Fiscal Officers and Municipal Clerks, and other national and regional conferences as applicable; and WHEREAS, it is determined by the Mayor and Common Council that attendance by certain municipal officials and City employees at one or more of these meetings, conferences or schools benefits the municipality; now, therefore be it RESOLVED, That Common Council, the Mayor and City employees are hereby authorized to attend said conferences or other applicable training events during 2021; and, be it further RESOLVED, That the cost for all events must be derived from existing 2021 Departmental Budgets with appropriate approvals obtained as applicable; and, be it further RESOLVED, That this resolution shall take effect immediately. Carried Unanimously 3.7 Appointment of Marriage Officers By Alderperson Mohlenhoff: Seconded by Alderperson Smith RESOLVED, That the following Alderpersons be designated as Marriage Officers for the year 2021: Alderperson Brock Alderperson Nguyen Alderperson Murtagh Alderperson Gearhart Alderperson Fleming Alderperson Smith Alderperson Kerslick Alderperson Mohlenhoff Alderperson Lewis Carried Unanimously -6- 3.8 YB - Amendment to the 2021 Personnel Roster By Alderperson Mohlenhoff: Seconded by Alderperson Smith WHEREAS, the Youth Bureau is requesting an amendment to the 2021 roster, and WHEREAS, the Youth Bureau has worked closely with HR to help determine the best staffing pattern to serve our community and meet programmatic needs; and WHEREAS, the Youth Bureau’s roster amendment to the 2021 Roster includes defunding the Recreation Program Coordinator position and funding a Recreation Program Specialist position, and WHEREAS, this amendment does not require amendments to the 2021 YB budget; now, therefore, be it RESOLVED, That the Personnel Roster of the Youth Bureau shall be amended effective January 1, 2021 as follows: Fund: One (1) Recreation Program Specialist (35 hours) Defund: One (1) Recreation Program Coordinator (35 hours) Carried Unanimously 3.9 YB - Amendment to the 2021 Personnel Roster By Alderperson Mohlenhoff: Seconded by Alderperson Smith WHEREAS, the Youth Bureau has a longtime Youth Program Assistant who passed the Civil Service promotional exam for Youth Program Leader; and, WHEREAS, the Youth Bureau can more effectively utilize the employee as a Youth Program Leader than as a Youth Program Assistant; and WHEREAS, the Youth Bureau requests an amendment to the 2021 Roster to fund the vacant Youth Program Leader and defund the existing Youth Program Assistant; now, therefore, be it RESOLVED, That the Personnel Roster of the Youth Bureau shall be amended effective January 1, 2021 as follows: Fund: One (1) Youth Program Leader (35 hours) Defund: One (1) Youth Program Assistant (35 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. Carried Unanimously -7- 3.10 Acceptance of Donation for Improvements to Training Building By Alderperson Mohlenhoff: Seconded by Alderperson Smith WHEREAS, the Ithaca Police Department (IPD) was recently notified that they have received a $10,000 grant from the TRIAD Foundation for 2020; and WHEREAS, the funds will be used to continue the improvements for the newer building at the department’s range so that the building can be used as a training classroom for defensive tactics, de-escalation and reality-based training exercises; now therefore be it RESOLVED, That Common Council hereby accepts the $10,000 grant for the Ithaca Police Department to help make further improvements to the newer building at the range as stated above, and be it further RESOLVED, That the 2020 Authorized IPD Budget be amended as follows: Increase Revenue Account A3120-2705 Gifts and Donations $10,000 Increase Appropriation Account A3120-5475 Property Maintenance $10,000 and, be it further RESOLVED, That the Common Council thanks the TRIAD Foundation for their generous donation for the City’s Police Department. Carried Unanimously 3.11 Approval of NCRE Transportation Improvements MOU By Alderperson Mohlenhoff: Seconded by Alderperson Smith WHEREAS, Cornell University is in advanced stages of the construction of the North Campus Residential Expansion (“the NCRE”); and WHEREAS, the NCRE will substantially increase the pedestrian traffic travelling from north campus to central campus; and WHEREAS, the Planning Board required Cornell, as a condition of site plan approval, to make appropriate transportation improvements to certain City streets that would experience said increased pedestrian traffic, and to enter into an MOU governing such improvements; now, therefore be it RESOLVED, That the Mayor, upon review by the City Attorney, is hereby authorized to execute an agreement substantially similar to the agreement included herewith. Carried Unanimously -8- CITY ADMINISTRATION COMMITTEE: 4.1 Support of a 2021 Application to the New York Main Street Program by the Downtown Ithaca Alliance By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick WHEREAS, the New York Main Street Program was created by the New York State Division of Housing and Community Renewal (HCR) to provide financial resources for the revitalization of downtown districts throughout New York State; and WHEREAS, the New York Main Street Program requires that qualified administrator applicants propose applications on behalf of specific projects in eligible districts; and WHEREAS, Downtown Ithaca qualifies as an eligible district for Main Street grant awards due to its demographic statistics and its designation as an IURA target area; and WHEREAS, the Downtown Ithaca Alliance has undertaken a process to notify property owners of the availability of grant funds and has solicited expressions of interest from property owners to participate in a Main Street Grant, if awarded; and WHEREAS, the New York Main Street Program prioritizes projects with housing components in existing buildings and the DIA has identified several possible properties where housing can be created and/or renovated; and WHEREAS, the owners of these properties are aware that units rehabilitated under this program are required to lease units at no more than 90% AMI for the Ithaca area for a period of five years; and WHEREAS, the Downtown Ithaca Alliance has successfully been awarded previous NYMS awards to assist projects in the Downtown Ithaca district and is prepared to meet the January 15, 2021 deadline for application submission, and WHEREAS, the final composition of the application will primarily include several housing projects from eligible Downtown properties, and WHEREAS, the maximum Main Street Program award is $500,000 and the DIA application will be within but close to the $500,000 award limit, and WHEREAS, the State of New York Main Street Program requires that the elected municipal body (Ithaca Common Council) pass a resolution supporting an application to the Main Street Program and said resolution should be included in the submitted application; now, therefore be it RESOLVED, That the City of Ithaca Common Council does hereby provide its endorsement and support to the application of the Downtown Ithaca Alliance to the New York Main Street Program for the 2021 funding cycle; and be it further RESOLVED, That the Downtown Ithaca Alliance will provide the City of Ithaca and Common Council a copy of the final application upon completion and submission. A vote on the Resolution resulted as follows: Carried Unanimously -9- 4.2 A Local Law Entitled “Repeal of Employee Residency Requirements in City Code Chapter 90, Article X, Sections 90-67 and 90-68.” By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick WHEREAS, in December 2002 Common Council adopted a City residency requirement for department heads and deputy department heads, with exemptions for fire fighters, employees who serve at the pleasure of the Mayor, and non-department head or deputy department head employees hired before January 1, 1992; and WHEREAS, the rationale was that living in the City would give those employees a greater personal knowledge of City conditions and greater personal stake in the City's progress; and WHEREAS, in November 2006 Common Council amended the residency requirement for department heads and deputy department heads to expand the allowable municipalities of residency to include all of Tompkins County, and to expand the exemption for non-department head or deputy department head employees to include those who were hired before November 1996; now, therefore Local Law # - 2021 BE IT ENACTED by the Common Council of the City of Ithaca as follows: Section 1. Legislative findings, intent, and purpose. The Common Council makes the following findings: 1.) The City anticipates a number of retirements of department heads and deputy department heads in the next three to five years. 2.) Many City employees hired since 1996 have worked for the City for years, in some cases decades, and have great knowledge of and personal stake in the City and County. 3.) Some of these employees live outside the County and have deep ties to the communities where they live, rendering them ineligible to be promoted to department head or deputy department head unless they made a move that could be extremely disruptive for their families. 4.) Common Council believes it to be in the best interest of the City to be able to hire and promote the most qualified and experienced candidates to department head and deputy department head positions and continues to be committed to broad outreach to attract strong candidates with diverse backgrounds who will add significant technical and cultural value to our organization. Based on the foregoing, the intent of and purpose of this Local Law is to eliminate the above- described residency requirement. Section 2. Repeal of Article X of Chapter 90 of the City Code. Article X of Chapter 90 of the City Code, “Employee Residency Requirements,” containing sections 90-67 and 90-68, is hereby repealed in its entirety. Section 3. Severability clause. 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 portions of this Local Law. -10- Section 4. Effective date. This Local Law shall take effect upon the filing of the Local Law in the office of the Secretary of State. Alderperson Brock – Aye Alderperson McGonigal – Aye Alderperson Nguyen – Aye Alderperson Murtagh – Aye Alderperson Gearhart – Aye Alderperson Fleming – Aye Alderperson Smith – Aye Alderperson Kerslick - Aye Alderperson Mohlenhoff – Aye Alderperson Lewis – Aye Carried Unanimously 4.3 Advocacy for Federal Guaranteed Income Programs By Alderperson Mohlenhoff: Seconded by Alderperson Smith WHEREAS, Mayor Svante Myrick is a member of a network of Mayors advocating for a guaranteed income through the Mayors for a Guaranteed Income (MGI) initiative; and WHEREAS, a guaranteed income is a monthly cash payment given directly to people, without work requirements or other stipulations; and WHEREAS, Coronavirus Disease 2019 (COVID-19) first appeared in December 2019 and has spread throughout the world, and on March 11, 2020, the World Health Organization declared the outbreak a global pandemic; and WHEREAS, the spread of COVID-19 has resulted in an income recession and economic hardship for millions of Americans; and WHEREAS, low-wage workers have lost far more jobs and wages than top earners due to the coronavirus pandemic; and WHEREAS, the unemployment rate is slowly declining, but 46% of American households have experienced serious financial trouble during the pandemic, including running out of savings, trouble affording food, paying utility bills, and paying their rent or mortgage; and WHEREAS, Black and Latinx/Hispanic workers are more likely to have experienced COVID-19- related unemployment than white workers, as well as higher levels of food insecurity and nearly twice as much difficulty meeting household expenses; and WHEREAS, the U.S. Congress passed Coronavirus Aid, Relief, and Economic Security (CARES) Act at the end of March, which included a package of relief and stimulus programs, including $500 billion for large corporations and one-time $1,200 Economic Impact Payment (EIP) checks to individuals; and WHEREAS, the EIP checks to individuals were the primary reason that poverty fell by as many as 4 million people at the start of the pandemic-caused recession; and -11- WHEREAS, the EIP checks boosted the economy by increasing spending at all income levels, and the most among low-income earners; and WHEREAS, people spent the EIP checks quickly, and most spent them on food, rent, and utilities; and WHEREAS, when the CARES Act aid ran out, 8 million people were forced into poverty; and WHEREAS, the Urban Institute estimates that one additional direct payment check could keep more than 8 million people out of poverty and two additional checks would keep 14 million people out of poverty; and WHEREAS, direct cash payments to the American people help state and local economies recover by putting more cash into local households and state budgets; and WHEREAS, prior to the COVID-19 pandemic, nearly 45 million Americans, or 12% of the U.S. population, were living in poverty, including about 7 million employed people who did not have resources to cover even the most basic necessities, despite working; and WHEREAS, nearly 40% of Americans could not afford a single $400 emergency prior to the pandemic, and rising income inequality is compounded by an ever-growing racial wealth divide; and WHEREAS, providing an income floor through which no American family could fall will benefit individuals and communities; now, therefore, be it RESOLVED, That the Common Council for the City of Ithaca hereby supports ongoing, direct Federal cash payments throughout the pandemic and until our economy recovers, and calls on President-elect Biden, Speaker Pelosi, and Majority Leader to ensure such payments are included in the next stimulus package; and, be it further RESOLVED, That the Common Council urges President-elect Biden, Speaker Pelosi, and Majority Leader to develop an ongoing federal guaranteed income that provides an income floor for all Americans. Carried Unanimously -12- 4.4 A RESOLUTION AUTHORIZING THE ISSUANCE OF $3,650,400 BONDS OF THE CITY OF ITHACA, TOMPKINS COUNTY, NEW YORK, TO PAY THE COST OF CERTAIN CAPITAL IMPROVEMENTS IN AND FOR SAID CITY. By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick WHEREAS, all conditions precedent to the financing of the capital projects hereinafter described, including compliance with the provisions of the State Environmental Quality Review Act, have been performed; and WHEREAS, it is now desired to authorize the financing of such capital projects; NOW, THEREFORE, BE IT RESOLVED, by the affirmative vote of not less than two-thirds of the total voting strength of the Common Council of the City of Ithaca, Tompkins County, New York, as follows: Section 1. For the object or purpose of paying the cost of certain capital improvements in and for the City of Ithaca, Tompkins County, New York, there are hereby authorized to be issued $3,650,400 bonds of said City pursuant to the provisions of the Local Finance Law, apportioned among such capital improvements in accordance with the maximum estimated cost of each. The capital improvements to be financed pursuant to this bond resolution, the maximum estimated cost of each, the amount of bonds to be authorized therefor, the period of probable usefulness of each, and whether said capital improvements are each a specific object or purpose or a class of objects or purposes, including in each case incidental improvements, equipment, machinery, apparatus, appurtenances, furnishings and expenses in connection therewith, are as follows: a) Incidental expenses related to the redevelopment of the Greene Street Parking Garage, in and for said City, at a maximum estimated cost of $102,000. It is hereby determined that the plan for the financing of such class of objects or purposes shall consist of the issuance of $102,000 bonds of the $3,650,400 bonds of said City authorized to be issued pursuant to this bond resolution. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is 5 years, pursuant to subdivision 89, based upon subdivisions 32 and 35 of paragraph a of Section 11.00 of the Local Finance Law; b) Design costs for waterfront traffic improvements, in and for said City, at a maximum estimated cost of $51, 000. It is hereby determined that the plan for the financing of such specific object or purpose shall consist of the issuance of $51, 000 bonds of the $3,650,400 bonds of said City authorized to be issued pursuant to this bond resolution. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is 5 years, pursuant to subdivision 62(2nd) of paragraph a of Section 11.00 of the Local Finance Law; c) Roof replacement at Cass Park maintenance building and garage, in and for said City, at a maximum estimated cost of $137,700. It is hereby determined that the plan for the financing of such specific object or purpose shall consist of the issuance of $137,700 bonds of the $3,650,400 bonds of said City authorized to be issued pursuant to this bond resolution. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is 25 years, pursuant to subdivision 12(a)(1) of paragraph a of Section 11.00 of the Local Finance Law; d) Improvements to the transit system, including bus replacement, passenger facilities improvements, and the purchase and installation of related computer hardware -13- and software, in and for said City, at a maximum estimated cost of $155,000. It is hereby determined that the plan for the financing of such class of objects or purposes shall consist of the issuance of $155,000 bonds of the $3,650,400 bonds of said City authorized to be issued pursuant to this bond resolution. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is 10 years, pursuant to subdivision 90, based on subdivisions 12(a), 29-a and 35 of paragraph a of Section 11.00 of the Local Finance Law; e) Construction of improvements to and reconstruction of various City buildings and related facilities, in and for said City, at a maximum estimated cost of $255,000. It is hereby determined that the plan for the financing of such class of objects or purposes shall consist of the issuance of $255,000 bonds of the $3,650,400 bonds of said City authorized to be issued pursuant to this bond resolution. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is 25 years, pursuant to subdivision 12(a) of paragraph a of Section 11.00 of the Local Finance Law; f) The purchase of equipment and vehicles for various departments, at an aggregate maximum estimated cost of $607,700, allocated as follows: (i) Purchase of equipment for maintenance purposes, each item of which costs $30,000 or over, for said City, at a maximum estimated cost of $244,800. It is hereby determined that the plan for the financing of such class of objects or purposes shall consist of the issuance of $244,800 bonds of the $3,650,400 bonds of said City authorized to be issued pursuant to this bond resolution. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is 15 years, pursuant to subdivision 28 of paragraph a of Section 11.00 of the Local Finance Law; (ii) Purchase of motor vehicles for Departments of Parks and Parking, for said City, at a maximum estimated cost of $47,900. It is hereby determined that the plan for the financing of such class of objects or purposes shall consist of the issuance of $47,900 bonds of the $3,650,400 bonds of said City authorized to be issued pursuant to this bond resolution. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is 5 years, pursuant to subdivision 29 of paragraph a of Section 11.00 of the Local Finance Law; and (iii) Purchase of police vehicles to replace those in service for one year or more, for said City, at a maximum estimated cost of $315,000. It is hereby determined that the plan for the financing of such class of objects or purposes shall consist of the issuance of $315,000 bonds of the $3,650,400 bonds of said City authorized to be issued pursuant to this bond resolution. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is 3 years, pursuant to subdivision 77(1st) of paragraph a of Section 11.00 of the Local Finance Law. g) Acquisition of pumper fire-fighting vehicle for the Fire Department, in and for said City, at a maximum estimated cost of $704,000. It is hereby determined that the plan for the financing of such specific object or purpose shall consist of the issuance of $704,000 bonds of the $3,650,400 bonds of said City authorized to be issued pursuant to this -14- bond resolution. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is 20 years, pursuant to subdivision 27 of paragraph a of Section 11.00 of the Local Finance Law; h) Improvements to the Stewart Park Joint Interceptor Sewer Pump Station, including replacement of pumps, controls, electrical, mechanical, wet wells, and metering station, in and for said City, at a maximum estimated cost of $306,000. It is hereby determined that the plan for the financing of such specific object or purpose shall consist of the issuance of $306,000 bonds of the $3,650,400 bonds of said City authorized to be issued pursuant to this bond resolution. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is 40 years, pursuant to subdivision 4 of paragraph a of Section 11.00 of the Local Finance Law; i) Signal equipment for pedestrian related traffic improvements, including push buttons, and accessible pedestrian signals, for said City, at a maximum estimated cost of $175,000. It is hereby determined that the plan for the financing of such specific object or purpose shall consist of the issuance of $175,000 bonds of the $3,650,400 bonds of said City authorized to be issued pursuant to this bond resolution. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is 20 years, pursuant to subdivision 72 of paragraph a of Section 11.00 of the Local Finance Law; j) The City’s share of the cost of improvements to the Ithaca Area Wastewater Treatment Facility, being the chemical bulk storage tank replacements, and incidental improvements and expenses in connection therewith, in and for said City, at a maximum estimated cost of $357,000. It is hereby determined that the plan for the financing of such specific object or purpose shall consist of the issuance of $357,000 bonds of the $3,650,400 bonds of said City authorized to be issued pursuant to this bond resolution. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is 40 years, pursuant to subdivision 4 of paragraph a of Section 11.00 of the Local Finance Law; k) Planning and design costs for East State Street-Martin Luther King Jr. Street improvements, in and for said City, at a maximum estimated cost of $300,000. It is hereby determined that the plan for the financing of such specific object or purpose shall consist of the issuance of $300,000 bonds of the $3,650,400 bonds of said City authorized to be issued pursuant to this bond resolution; provided, however, that the amount of obligations ultimately to be issued will be reduced by any State and/or Federal grants-in-aid to be received by said City for said purpose. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is 5 years, pursuant to subdivision 62(2nd) of paragraph a of Section 11.00 of the Local Finance Law; and l) City’s share of the cost of the renovation of the Cascadilla Boathouse in Stewart Park, in and for said City, at a maximum estimated cost of $500,000. It is hereby determined that the plan for the financing of such specific object or purpose shall consist of the issuance of $500,000 bonds of the $3,650,400 bonds of said City authorized to be issued pursuant to this bond resolution. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is 15 years, pursuant to subdivision 19(c) of paragraph a of Section 11.00 of the Local Finance Law. Section 2. The aggregate maximum estimated cost of the aforesaid objects or purposes is $3,650,400, and the plan for the financing thereof is by the issuance of the $3,650,400 serial bonds authorized by Section 1 hereof, allocated to each of the objects or -15- purposes in accordance with the maximum estimated cost of each stated in Section 1 hereof; provided, however, that the amount of serial bonds will be reduced by any Federal or State grants-in-aid received therefor, including as specifically provided herein. Section 3. The faith and credit of said City of Ithaca, Tompkins County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such obligations as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such obligations becoming due and payable in such year. There shall annually be levied on all the taxable real property of said City, a tax sufficient to pay the principal of and interest on such obligations as the same become due and payable. Section 4. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the bonds herein authorized, including renewals of such notes, is hereby delegated to the City Controller, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said City Controller, consistent with the provisions of the Local Finance Law. Section 5. The powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the City Controller, who shall advertise such bonds for sale, conduct the sale, and award the bonds in such manner as he shall deem best for the interests of the City; provided, however, that in the exercise of these delegated powers, he shall comply fully with the provisions of the Local Finance Law and any order or rule of the State Comptroller applicable to the sale of municipal bonds. The receipt of the City Controller shall be a full acquittance to the purchaser of such bonds, who shall not be obliged to see to the application of the purchase money. Section 6. All other matters, except as provided herein relating to such bonds, including determining whether to issue such bonds having substantially level or declining debt service and all matters related thereto, prescribing whether manual or facsimile signatures shall appear on said bonds, prescribing the method for the recording of ownership of said bonds, appointing the fiscal agent or agents for said bonds, providing for the printing and delivery of said bonds (and if said bonds are to be executed in the name of the City by the facsimile signature of the City Controller, providing for the manual countersignature of a fiscal agent or of a designated official of the City), the date, denominations, maturities and interest payment dates, place or places of payment, and also including the consolidation with other issues, shall be determined by the City Controller. It is hereby determined that it is to the financial advantage of the City not to impose and collect from registered owners of such serial bonds any charges for mailing, shipping and insuring bonds transferred or exchanged by the fiscal agent, and, accordingly, pursuant to paragraph c of Section 70.00 of the Local Finance Law, no such charges shall be so collected by the fiscal agent. Such bonds shall contain substantially the recital of validity clause provided for in section 52.00 of the Local Finance Law and shall otherwise be in such form and contain such recitals in addition to those required by section 52.00 of the Local Finance Law, as the City Controller shall determine. Section 7. The validity of such bonds and bond anticipation notes may be contested only if: -16- 1) Such obligations are authorized for an object or purpose for which said City is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 8. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150-2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 9. This resolution, which takes effect immediately, shall be published in summary form in the Ithaca Journal, the official newspaper, together with a notice of the City Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. A roll call vote resulted as follows: Alderperson Brock – Aye Alderperson McGonigal – Aye Alderperson Nguyen – Aye Alderperson Murtagh – Aye Alderperson Gearhart Aye Alderperson Fleming – Aye Alderperson Smith – Aye Alderperson Kerslick - Aye Alderperson Mohlenhoff Aye Alderperson Lewis – Aye Carried Unanimously -25- 5.1 A Resolution Endorsing and Supporting the Adoption of the Revised Owasco Lake Watershed Rules and Regulations By Alderperson Murtagh: Seconded by Alderperson Brock WHEREAS, the City of Ithaca became a water purveyor in 1903 using Six Mile Creek as its drinking water source, WHEREAS, pursuant to Public Health Law Section 1100, the New York State Department of Health adopted Title 10 of the New York Codes, Rules and Regulations, water purveyors are granted the authority to develop and update Watershed Rules and Regulations; and WHEREAS, Watershed Rules and Regulations are developed for the preservation of public drinking water sources and their protection from point and nonpoint source pollution; and WHEREAS, the current Six Mile Creek Watershed Rules and Regulations protecting the City of Ithaca’s drinking water source were adopted in 1933, WHEREAS, Cornell University is a water purveyor using Fall Creek as its source of drinking water and has Fall Creek Watershed Rules and Regulations adopted in 1928, WHEREAS, the Southern Cayuga Lake Intermunicipal Water Commission (otherwise known as Bolton Point), is a water purveyor and uses Cayuga Lake as its source for drinking water and does not have Cayuga Lake Watershed Rules and Regulations; and WHEREAS, the City of Ithaca, Cornell University, Bolton Point and the Tompkins County Health Department jointly developed model Watershed Rules and Regulations in 1995 to be used as a template to update the City of Ithaca and Cornell Watershed Rules and Regulations and create Watershed Rules and Regulations for Bolton Point; and WHEREAS, progress was not made due to the complexity of the task and lack of support at the State level; and WHEREAS, representatives from the City of Ithaca and Cornell University have been working with the Tompkins County Water Resources Council since 2016 to update their respective Watershed Rules and Regulations; and WHEREAS, the City of Auburn together with the Town of Owasco are a water purveyor using Owasco Lake as its source of drinking water and has adopted Watershed Rules and Regulations in 1984, and since that time the lands within the Owasco Lake watershed have witnessed cumulative changes in land use and development; and WHEREAS, in 2017, as a part of the continued efforts to protect water quality, the City of Auburn, the Town of Owasco and Cayuga County passed resolutions endorsing a project to update and revise the 1984 Owasco Lake Watershed Rules and Regulations; and WHEREAS, over the last three years the Owasco Lake Watershed Rules and Regulations Steering Committee has worked diligently and used a very engaged public process with staff representatives, NYS Department of Environmental Conservation, and Project Stakeholder groups, serving as a model in their coordinated effort to create and recommend a revised draft of the Owasco Lake Watershed Rules and Regulations; and -26- WHEREAS, the City of Ithaca recognizes that environmental threats to drinking water sources are not adequately addressed in the outdated Six Mile Creek Watershed Rules and Regulations; and WHEREAS, the City of Ithaca recognizes that emerging threats to water quality not envisioned in earlier decades such as harmful algae blooms, microplastics, emerging contaminants, industrial uses or withdrawals and other contaminants are best addressed at a watershed level; and WHEREAS, enacting Watershed Rules and Regulations to protect water resources from point and non-point pollution is both environmentally protective as well as economically prudent as it is more efficient and cost effective to keep pollution out of natural areas and waterways than to remove pollutants from soil, creeks, and waterways; and WHEREAS, the City of Ithaca is pursuing an update of their own outdated Six Mile Creek Watershed Rules and Regulations; and WHEREAS, on October 29, 2020, a final draft of the revised Owasco Lake Watershed Rules and Regulations was endorsed by the City Council of Auburn and the Town Board of Owasco; and WHEREAS, on October 29, 2020, the City Council of Auburn and the Town Board of Owasco requested that New York State repeal the 1984 Owasco Lake Watershed Rules and Regulations and replace them with the revised 2020 Owasco Lake Watershed Rules and Regulations; now, therefore, be it RESOLVED, that the City of Ithaca does hereby express support to the Town of Owasco and City of Auburn in their efforts to update the Owasco Lake Watershed Rules and Regulations; and be it further RESOLVED that while the City of Ithaca does not specifically endorse any rule or regulation within the revised Owasco Lake Watershed Rules and Regulations, the City of Ithaca endorses any revisions based on the authority of the Town of Owasco and City of Auburn to do so, and the communal process by which those revisions which made; and be it further RESOLVED that the City of Ithaca does hereby request that the New York State Department of Health repeal the existing 1984 Owasco Lake Watershed Rules and Regulations, which are cited at 10 New York Codes, Rules and Regulations, Section 104.1, and replace the same with the revised Owasco Lake Watershed Rules and Regulations. Carried Unanimously -17- 5.2 2021 Annual Common Council Concurrence that the City of Ithaca Planning and Development Board be Lead Agency in Environmental Review for Site Plan Review Projects for which the Common Council is an Involved Agency Resolution By Alderperson Murtagh: Seconded by Alderperson Lewis WHEREAS: 6 NYCRR Part 617 of the State Environmental Quality Review Law and Chapter 176.6 of the City Code, Environmental Quality Review, require that a lead agency be established for conducting environmental review of projects in accordance with local and state environmental law, and WHEREAS, State Law specifies that, for actions governed by local environmental review, the lead agency shall be that local agency which has primary responsibility for approving and funding or carrying out the action, and WHEREAS, State Law also specifies that when an agency proposes to directly undertake, fund or approve a Type I or Unlisted Action undergoing coordinated review with other involved agencies, it must notify them that a lead agency must be agreed upon within 30 calendar days of the date that the Environmental Assessment Form (EAF) or draft EIS was transmitted to them, and WHEREAS, Projects submitted to the Planning Board for Site Plan Review and Approval, at times involve approvals or funding from Common Council, making Council an involved agency in environmental review, and WHEREAS, in accordance with the State Environmental Quality Review Law and the City of Ithaca Environmental Quality Review Ordinance, involved agencies are provided with project information and environmental forms for their review, as well as all environmental determinations, and WHEREAS, Common Council did consent to the Planning & Development Board acting as Lead Agency in environmental review for site plan review projects for which Common Council has been identified as an Involved Agency since 2015, and WHEREAS, in order to avoid delays in establishing a Lead Agency and to make the environmental review process more efficient, it is desirous to continue the agreement in which the Planning Board will assume Lead Agency status for such projects; now, therefore be it RESOLVED, That Common Council does hereby consent to the Planning & Development Board acting as Lead Agency in environmental review for site plan review projects for which Common Council has been identified as an Involved Agency through December 31, 2021; and, be it further RESOLVED, That for any future project Common Council may withhold or withdraw its consent should it so desire. Carried Unanimously -18- 5.3 Proposed Disposition & Development Agreement - East Section of Green Street Garage Mixed-Use Urban Renewal Project By Alderperson Murtagh: Seconded by Alderperson Smith WHEREAS, on June 27, 2019, the Ithaca Urban Renewal Agency (IURA) designated Ithaca Properties, LLC (Ithaca Properties) as a qualified and eligible sponsor pursuant to Section 507 of General Municipal Law, to potentially acquire the 22,800 square feet of air right property located at the eastern section of the Green Street garage site (part of Tax Parcel #70.-4-5.2), located at 120 E. Green Street, Ithaca, NY, for the purpose of undertaking an urban renewal project to develop an in-fill, mixed-use project, and WHEREAS, Ithaca Properties proposes to construct a $69 million project to be known as ‘The Ithacan’, that includes 200 housing units, reconstruction of two decks of parking to be leased to the City, and ground level private parking at the urban renewal project site, and WHEREAS, on November 23, 2020, the IURA approved a proposed Disposition and Development Agreement (DDA) with Ithaca Properties for the East section of the Green Street Garage Mixed-Use Urban Renewal Project, subject to Common Council approval, and WHEREAS, the DDA governs the terms and conditions for conveyance of project site and implementation of the approved urban renewal project, and includes a project term sheet, a schedule of performance milestones and a property conveyance agreement, and WHEREAS, the DDA expires on February 1, 2022, and WHEREAS, the DDA establishes a 20% affordable housing goal for on-site units subject to financial feasibility based on the developer’s projected cash-on-cash return, and requires that a minimum of at least 10% of the on-site units be occupied and affordable to households earning up to 80% of Area Median Income; and WHEREAS, on August 25, 2020, the City of Ithaca Planning & Development Board, acting as Lead Agency, determined that The Ithacan project will result in no significant adverse impacts on the environment, and WHEREAS, under §507 of Article 15 of General Municipal Law, the IURA is authorized to sell real property to a “qualified and eligible sponsor” subject to Common Council approval following a public hearing, and WHEREAS, a public hearing notice was published in the December 5, 2020 edition of the Ithaca Journal disclosing the essential terms of the proposed sale and a public hearing was held on December 16, 2020; now, therefore, be it RESOLVED, That the City of Ithaca Common Council hereby approves the IURA-proposed Disposition and Development Agreement (DDA) with Ithaca Properties, LLC for the East section of the Green Street Garage Mixed-Use Urban Renewal Project, dated November 23, 2020, and be it further RESOLVED, That the net proceeds from sale of real property shall be paid to the City. Carried Unanimously -19- 5.4 Inlet Island Urban Renewal Project – Rescind 2006 Preferred Developer Designation By Alderperson Murtagh: Seconded by Alderperson Smith WHEREAS, the IURA and City seek to clarify the status of Finger Lakes Development, LLC (FLD) regarding the 2006 IURA and City designation of FLD as the preferred developer for an Inlet Island urban renewal project which failed to gain Common Council endorsement 13 years ago, and WHEREAS, the IURA and the City of Ithaca collectively own approximately 2.5 acres of underutilized land on Inlet Island, and WHEREAS, in November 2020, FLD brought forward a revised conceptual development plan and request to resume the Inlet Island urban renewal process as preferred developer, and WHEREAS, a second developer has indicated interest to propose a competing development proposal for Inlet Island, and WHEREAS, the IURA seeks to implement an open and competitive process to solicit conceptual development plans and developer qualifications from multiple developers unfettered by a 2006 preferred developer designation, and WHEREAS, on September 28, 2006, Stephen B. Flash was designated by the IURA as the preferred developer to undertake a proposed urban renewal project on Inlet Island; and WHEREAS, the designation did not establish a termination date, and WHEREAS, the IURA resolution further authorized assignment of the designation to FLD, and WHEREAS, on October 4, 2006, the Common Council for the City of Ithaca concurred with the IURA designations and authorized the Mayor to negotiate a Preferred Developer Agreement with FLD subject to approval by the Common Council, and WHEREAS, on August 1, 2007, the Common Council voted to reject the Preferred Development Agreement for the proposed Inlet Island urban renewal project, and WHEREAS, at that time, FLD indicated their intention to revise their project to address concerns raised by Common Council, but economic conditions for development changed drastically with the 2008 global financial crisis and a revised proposal was not forthcoming on a timely basis, and WHEREAS, in 2015 the City adopted a new comprehensive plan, Plan Ithaca: A Vision for our Future, (Plan Ithaca) establishing a vision and goals for the entire city, and specified that the plan would be amended with specific neighborhood and thematic plans identified in the plan, and WHEREAS, the City subsequently amended Plan Ithaca with a new waterfront plan and revised zoning for the waterfront area, including Inlet Island, and -20- WHEREAS, the City amended its CIITAP policy to require projects seeking financial incentives in the density district, including Inlet Island, to meet specific local labor participation, diversity, and affordable housing policies, and WHEREAS, City policies regarding development along the waterfront have evolved significantly since 2007, and the IURA seeks an open and competitive process to select a partner for an Inlet Island urban renewal project, and WHEREAS, on November 23, 2020, the IURA rescinded its September 28, 2006 resolution designating Stephen B. Flash as preferred developer and qualified and eligible sponsor for the Inlet Island urban renewal project, and WHEREAS, the IURA further resolved that the rescission does not represent a judgement on the quality of the 10/30/20 conceptual development plan submitted by Finger Lakes Development, LLC, but rather is intended to clarify the IURA’s intent for an open and competitive process to select a project sponsor with the best feasible conceptual development plan for an Inlet Island urban renewal project; now, therefore, be it RESOLVED, That the Common Council for the City of Ithaca hereby rescinds its October 4, 2006 resolution designating Stephen B. Flash as the preferred developer for the Inlet Island urban renewal project. A vote on the Resolution resulted as follows: Carried Unanimously 5.4 A. Declaration to Act as Lead Agency for the Environmental Review of Cass Park Mountain Bike Trails By Alderperson Murtagh: Seconded by Alderperson Brock WHEREAS, State law and regulations and Section 176.6 of the City Code of the City of Ithaca require that a lead agency be established for conducting environmental review of certain proposed actions, in accordance with applicable law, and WHEREAS, State regulations and the City Code specify that the lead agency shall be that agency which has primary responsibility for undertaking, approving or funding the action, and WHEREAS, the City is considering entering into an agreement with Cycle CNY to allow for the development of a short network of mountain trails in a portion of Cass Park (the Project); now, therefore be it RESOLVED, That the City of Ithaca Common Council does hereby declare itself Lead Agency for the environmental review of the Project. Carried Unanimously -21- 5.4B Negative Declaration of Environmental Significance for the Cass Park Mountain Bike Trails Project By Alderperson Murtagh: Seconded by Alderperson Lewis WHEREAS, the City of Ithaca is considering entering into an agreement with Cycle CNY to allow for the development of a small network of mountain bike trails in a portion of Cass Park (“the Project”); and WHEREAS, the Project has been classified as a Unclassified action in accordance with Section 176 of the City of Ithaca Code (CEQR) and also, in accordance with the NYS Environmental Quality Review Act (SEQR), and WHEREAS, in accordance with SEQR and CEQR, the Common Council has declared itself to be the lead agency for conducting environmental review of the Project, and WHEREAS, the Common Council of the City of Ithaca, acting as Lead Agency, has reviewed the Short Environmental Assessment Form; now, therefore be it RESOLVED, That the Common Council, acting as lead agency in this matter, hereby determines in accordance with SEQR and CEQR that the Project will not have a significant effect on the environment, and that further environmental review is unnecessary, and be it further RESOLVED, That this Resolution constitutes notice of this negative declaration and requests that staff provide notice of the same to all involved and interested agencies. Carried Unanimously -22- 5.4 C - Resolution to Approve Entering into an Agreement with Cycle CNY for Mountain Bike Trails in Cass Park By Alderperson Murtagh: Seconded by Alderperson Lewis WHEREAS, Cycle CNY and City staff have drafted an agreement to allow Cycle CNY to develop a portion of Cass Park with mountain bike trails, and WHEREAS, the Board of Public Works reviewed this proposal and recommended approval of it at their meeting on October 20, 2020, and WHEREAS, Common Council, acting as Lead Agency, has determined that the proposal will not have a significant negative environmental impact in accordance with the City Environmental Quality Review ordinance and the NYS Environmental Review Act; now therefore be it RESOLVED, That the Common Council finds that Cycle CNY’s plan to construct and maintain mountain bike trails in a portion of Cass Park supports the broader public recreational activities in Cass Park; and be it further RESOLVED, That Common Council hereby approves an agreement with Cycle CNY to this end and authorizes the Mayor to execute such an agreement after further review by the City Attorney. Kerslick – question about environmental impact – mountain bikes do have an impact. Murtagh – city staff reviewed this proposal and feel comfortable in this group’s ability to maintain the trails. A vote on the Resolution resulted as follows: Carried Unanimously -23- 5.5 An Ordinance Amending the Municipal Code of The City Of Ithaca, Chapter 157, Entitled “Commons” To Allow for Leashed Dogs on the Primary Commons By Alderperson Murtagh: Seconded by Alderperson Brock WHEREAS, Chapter 164-Article II of the City of Ithaca Code, “Dogs and Other Animals”, states that in all areas of the City it is illegal for dogs to not be restrained by an adequate collar and leash when not on private property, AND WHEREAS, Chapter 157, “Commons”, further states that on the primary Commons no animals are permitted without a special permit, with the exception of service animals providing assistance to people with special needs and police working dogs, and WHEREAS, because the primary Commons is one of the few public places in the City of Ithaca where dogs are not permitted, many people are not aware of this rule and bring their dogs onto the Commons, and WHEREAS, this inconsistency with the rest of the City creates confusion among dog owners visiting the downtown area and makes it difficult to enforce any rules regarding dogs; now therefore, ORDINANCE NO. BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca that Chapter 157 of the Municipal Code of the City of Ithaca, entitled “Commons”, be hereby amended as follows: Section 1. Chapter 157, Section 157-15A, be amended to read as follows: § 157-15. Dogs and other animals. A. No animals are allowed on the Primary Commons except leashed dogs, as allowed by Chapter 164, Article II, Entitled “Dogs” Dogs on the Commons are subject to all rules outlined in this Chapter and in Chapter 164 of the City Code. 1. Dogs will be leashed at all times. 2. Dogs will be limited to no more than two per person. 3. Hand-held leashes will be no longer than 6 feet. Retractable leashes are permitted but must be locked at no longer than 6’. 4. Tethering a dog to a stationary object will not be permitted. 5. Dog owners are responsible for promptly cleaning up after their dogs. Dog handlers or owners must promptly clean up their dogs' waste 6. Dogs may not enter any planter for any reason at any time. Section 2. Chapter 157, of the City Code is hereby amended to delete Sections 157-15B-15E. Section 3. Section 157-5 (3) is hereby amended to read as follows: (3) Animals except for dogs pursuant to § 157-15, are allowed on the Primary Commons by permit only. Section 4. 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. -24- Section 5. Effective date. This ordinance shall take effect immediately and in accordance with law upon publication of notices as provided in the Ithaca City Charter. A vote on the Ordinance resulted as follows: Ayes (9) Brock, Nguyen, Murtagh, Gearhart, Fleming, Smith, Kerslick, Mohlenhoff, Lewis Nays (1) McGonigal Carried (9-1) 6.1 Reappointment to the Cable Access Oversight Committee By Alderperson Mohlenhoff: Seconded by Alderperson Brock RESOLVED, That Rich DePaolo be reappointed to the Cable Access Oversight Committee as the Town of Ithaca representative with a term to expire December 31, 2021. Carried Unanimously