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
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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
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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
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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
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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
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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:
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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
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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
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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
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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
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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
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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
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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