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HomeMy WebLinkAboutMN-CC-2021-05-05Ithaca Common Council Meeting Date: May 5, 2021 Start time: 6 p.m. Meeting Adjourned: YouTube Link: https://www.youtube.com/watch?v=LS8LaWdQUw0&list=PLfplo_VA57eoynrqxkGvi11vxHlwByjZ w&index=55 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 Additions/Deletions: YouTube timestamp: 0:36 Mayor Myrick requested an addition to Item 3.1, so this item was removed from the Consent Agenda and added as Item 4.1 under the City Administration Committee items. Mayor’s Proclamations: YouTube timestamp: 1:52 Mayor Myrick proclaimed the month of May 2021 as Asian American and Pacific Islander Heritage Month. Ms. Connie Park, representing the Ithaca Asian American Association accepted the proclamation. Reports of Municipal Officials: YouTube Timestamp: 7:30 Deputy Ithaca Town Supervisor Bill Goodman reported on the following: • Bicentennial events, looking forward to having City participation. • Work on Ithaca Energy Supplement. • Telecommunications/5G legislation update. • Contractor selected for the Gateway Trail work. • Working to extend the South Hill Trail. • Short-term rental legislation update. Special Presentations Before Council: Report on the status of the City’s economic development efforts including pandemic response and recovery YouTube timestamp: 19:30 Deputy Director of Economic Development Knipe gave a presentation that included information on: • What we do • Pandemic-Related Economic Development Challenges • Economic Development Resource Providers • City Office of Economic Development Contributions to Pandemic Response • Ongoing effects and trends • Initiatives and Partner Initiatives for 2021 • Recovery-Related Projects Currently Underway • Ideas to Further Help Small Businesses A Q&A session followed with Common Council members expressing their appreciation for the hard work being done to assist the business community recover from the pandemic. Petitions and Hearings of Persons before Council: YouTube timestamp: 45:45 Marty Hiller – Community Gardens Susan Holland – Ithaca Code Energy Supplement Genevieve Rand – Housing/eviction moratorium Sarah Carson Zemanick – Ithaca Energy Code Supplement Keem – Affordable Housing, evictions, social justice Privilege of the Floor – Mayor and Council: YouTube timestamp: 1:00.17 Alderperson Mohlenhoff thanked the speakers and recognized Chief of Staff Cogan as this was his last Common Council meeting. She thanked him for being a friend and mentor and for his years of dedicated service on Common Council and as the Mayor’s Chief of Staff. The support he offered to city staff and Common Council was invaluable. Chief of Staff Cogan commented that it was an honor of a lifetime working for the City and with Common Council and noted that he looks forward to seeing what future endeavors the City will take on. CONSENT AGENDA: YouTube timestamp: 1:03.37 Moved by Alderperson Kerslick: Seconded by Alderperson Brock 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 3.1 DPW – Reallocation of Position – Chief Water Treatment Plant Operator WHEREAS, the Superintendent of Public Works requested a review of the Chief Water Treatment Plant Operator position pursuant to the terms of the City Executive Association labor contract, and WHEREAS, the review determined that a permanent and material growth in the position’s responsibilities has occurred, and WHEREAS, the Human Resources Department reviewed the point factor evaluation of the Chief Water Treatment Plant Operator position and determined that the growth in responsibilities merits an increased point factor rating, which results in the reallocation of the position to a higher salary grade; now, therefore, be it RESOLVED, That the position of Chief Water Treatment Plant Operator be reallocated from Grade 7 to Grade 8 of the City Executive Association Compensation Plan, and, be it further RESOLVED, That funding in the amount of $5,820.85 to cover the resulting salary increase retroactive to February 3, 2021 shall be derived from Account # F8330-5110. 3.2 DPW - Request to Allocate Contingency Funds to Community Beautification Program WHEREAS, the aesthetics of our community are important for the quality of life for City of Ithaca residents as well as providing a positive impression for tourists to our city, and WHEREAS, Public Works projects in the City often have a landscaping component as part of the design and these additions have outpaced the City staff’s ability to keep up with the associated need for skilled maintenance, and WHEREAS, Park and greenspace use has seen a vast increase during this past year and it is imperative these areas of respite remain attractive, inviting, well maintained and safe spaces, and WHEREAS, the City has partnered with the Tompkins County Community Beautification Program for years in the maintenance of public green spaces and gardens, however their budget is largely dependent on Tourism tax funding which has drastically decreased since 2020 and they are unable to provide additional maintenance to City gardens without additional financial support, and WHEREAS, contributing financially to this program in return for additional support in City gardens is the most efficient use of City funds to solve this maintenance need, and WHEREAS, the current City Parks and Forestry Budget does not have funds available to contribute to said program, and WHEREAS, the current balance in the Unrestricted Contingency Account is $120,000; now, therefore, be it RESOLVED, That Common Council hereby transfers an amount not to exceed $7000 from Account A1990-5000 Unrestricted Contingency to Account A7111-5435 Parks Contracts to contribute to the County Beautification Program for the purpose of adding one seasonal staff position to incorporate maintenance of 10 gardens locations (38 garden beds) in City parks, along the waterfront trail, or within traffic calming features around the City. 3.3 IFD - Amendment to Personnel Roster WHEREAS, a Fire Lieutenant has been on an extended injury leave and is not expected to be able to return to duty, and WHEREAS, the Ithaca Fire Department maintains minimum staffing levels in which this position plays a critical supervisory role, and WHEREAS, the interim practice of filling this vacancy through the use of temporary appointments is not sustainable on a long term basis; now, therefore, be it RESOLVED, That the personnel roster of the Ithaca Fire Department be amended as follows: Add: One (1) Fire Lieutenant and, be it further RESOLVED, That one Fire Lieutenant position shall automatically be deleted from the Ithaca Fire Department personnel roster upon the retirement of the injured Fire Lieutenant, and, be it further RESOLVED, That funding for this change shall come from within the approved 2021 Ithaca Fire Department budget. 3.4 IURA – Community Housing Development Fund, Round #20 – Authorize Disbursement of Funds Pursuant to an Executed MOU WHEREAS, the Community Housing Development Fund (CHDF) was established in 2009, and renewed in 2015, by Memorandum of Understanding (MOU) among and between the City of Ithaca, Tompkins County and Cornell University to raise and award funds to increase the supply of permanently affordable housing in the County, and WHEREAS, for 2019, Cornell University contributed $300,000 to the CHDF and the City of Ithaca and Tompkins County each contribute $200,000 available for Round #20, and WHEREAS, the Common Council determined that City contributions to the CHDF should be used solely to assist those projects located within the City of Ithaca, and WHEREAS, the Program Oversight Committee, which includes three City appointees, reviews, and recommends projects for awards, including the amount and funding source, and WHEREAS, the City of Ithaca Common Council retains authority to approve, modify or reject the POC’s recommendation for use of City funds, and WHEREAS, action to authorize disbursement of City funds requires prior completion of environmental review for housing projects, and WHEREAS, the POC recommends the following affordable housing projects for funding: and, WHEREAS, pursuant to the MOU, Tompkins County administers the CHDF, including collection of contributions to the CHDF and distribution of funds to project sponsors, and Community Housing Development Fund Round #20 Recommended Funding Awards Applican t Project # Units Municipali ty Funding ($1,000s) Corne ll Count y City Total INHS Founders Way 75 rentals (C) Ithaca 60 0 240 300 INHS Village Grove Apartments 46 rentals (V) Trumansb urg 300 0 0 300 Park Grove Realty Carpenter Park Apartments 42 rentals (C) Ithaca 100 200 0 300 Totals 163 units 460 200 240 900 WHEREAS, the Founders Way project completed environmental review by the City Planning and Development Board, and WHEREAS, annual City contributions to the CHDF are placed in Restricted Contingency; now, therefore, be it RESOLVED, That the Common Council for the City of Ithaca hereby authorizes an expenditure of up to $240,000 to Tompkins County for the following affordable housing project to implement the recommended funding award for rounds #20 of the Community Housing Development Fund: Project Name: Founders Way (previously known as Immaculate Conception School Redevelopment) Location: 320 W. Buffalo Street, Ithaca, NY Applicant: INHS Project Summary: Conversion of former school to 75-unit rental housing and, be it further RESOLVED, That Common Council hereby transfers an amount not to exceed $200,000 from the Restricted Contingency Account A1990-5000 Housing Funds to Account A8020-5435 Planning Contracts, and, be it further RESOLVED, That $240,000 be appropriated from the current balance in the Housing fund of $422,200, to fund the $240,000 City portion of the City/County/Cornell Housing Trust for the above listed project, and, be it further RESOLVED, That the Mayor, subject to advice of the City Attorney, is hereby authorized to execute a fiscal agency agreement with Tompkins County to implement this resolution. 3.4A Third MOU with Tompkins County and Cornell University to Continue the Community Housing Development Fund Thru 2027 – Declaration of Lead Agency WHEREAS, the State Environmental Quality Review Act (“SEQRA”) and Chapter 176 of the City Code, the City Environmental Quality Review Ordinance (“CEQRO”), require that a lead agency be established for conducting environmental review of any action subject to such review, in accordance with state and local environmental law, and WHEREAS, SEQRA specifies that the lead agency shall be that agency which has primary responsibility for approving, funding or carrying out the proposed action, and WHEREAS, the proposed action is execution of a third consecutive 6-year Memorandum of Understanding (“MOU”) among and between Tompkins County, the City of Ithaca and Cornell University to continue the Housing Fund program to increase the supply of affordable housing, and the commitment of funding under the MOU, which is an “Unlisted” Action pursuant to CEQRO, thereby requiring environmental review, and WHEREAS, Tompkins County has conducted a separate environmental review on their authorization to execute the proposed MOU, and WHEREAS, no other agency has jurisdiction to fund, approve or undertake the action; now, therefore, be it RESOLVED, That the Common Council of the City of Ithaca does hereby declare itself as lead agency for the environmental review of this proposed action. 3.4B IURA - Third MOU with Tompkins County and Cornell University to Continue the Community Housing Development Fund Thru 2027 – Environmental Review WHEREAS, the Common Council is considering execution of a third consecutive 6-year Memorandum of Understanding (“MOU”) among and between Tompkins County, the City of Ithaca and Cornell University to continue the Housing Fund program to increase the supply of affordable housing, and the commitment of funding under the MOU, and WHEREAS, the City of Ithaca Common Council declared itself Lead Agency for the environmental review of this proposed action, and WHEREAS, the proposed action is categorized as an “Unlisted” action under the City Environmental Quality Review Ordinance (CEQRO), and WHEREAS, each housing project assisted through the Housing Fund program will undergo a separate environmental review as a condition of receipt of financial assistance, and WHEREAS, the City of Ithaca Common Council, acting as Lead Agency for the environmental review, has reviewed and accepted as adequate a Short Environmental Assessment Form, prepared by Ithaca Urban Renewal Agency staff; now, therefore, be it RESOLVED, That the City of Ithaca Common Council hereby determines that the proposed action will result in no significant impact on the environment and that a Negative Declaration for purposes of Article 8 of the Environmental Conservation Law be filed in accordance with the provisions of Part 617 of the State Environmental Quality Review Act. 3.4C IURA – Third MOU with Tompkins County and Cornell University to Continue the Community Housing Development Fund Thru 2027 – Action WHEREAS, in 2009 and 2015, the Common Council authorized the Mayor to execute 6-year Memorandums of Understanding (MOU) among and between the City of Ithaca, Tompkins County and Cornell University to establish the Community Housing Development Fund (CHDF) and provide financial assistance for the creation of affordable housing units, and WHEREAS, since its inception the CHDF has awarded approximately $5.4 million to assist 815 affordable housing units with an estimated total project cost of $247 million, and WHEREAS, per the third MOU, the parties agree to the following minimum funding contributions over six years: $1,200,000 Cornell University $600,000 Tompkins County $600,000 City of Ithaca $2,400,000 Total and, WHEREAS, the City of Ithaca continues to experience a severe housing affordability problem where 63% of all renter households, and 17% of homeowner households, are financially stressed by paying more than 30% of income for housing, and WHEREAS, the CHDF funding has proven to be an effective tool to expand the supply of quality, affordable housing units located near services, jobs, and transit, and WHEREAS, the CHDF is managed by the Program Oversight Committee (POC) made up of representatives from each signatory, and WHEREAS, current POC representatives of the City are: • Chris Proulx • Ducson Nguyen • Seph Murtagh • George McGonigal and, WHEREAS, the POC recommends approval of the third MOU, and WHEREAS, environmental review of this matter has been completed; now, therefore, be it RESOLVED, The Mayor is hereby authorized, subject to review by the City Attorney, to execute the third Memorandum of Understanding to continue the Community Housing Development Fund program through 2027, and, be it further RESOLVED, That upon full execution of the MOU, the City’s annual funding commitment under the MOU shall be derived from an annual appropriation included the municipal budget and/or from other funding sources as determined by Common Council, and, be it further RESOLVED, That the Common Council shall separately approve each funding award of City funds provided pursuant to the MOU. 3.5 DPW – Walkable Ithaca: Giles Street Sidewalk Project WHEREAS, a Project for the Walkable Ithaca: Giles Street Sidewalk Project, NYS DEC Contract#DEC01-C01073GG-3350000 (the “Project”) has been awarded a Climate Smart Community Grant through the NYS DEC, and WHEREAS, the City of Ithaca desires to advance the Project by making a commitment of 100% of the costs of Construction and Construction Inspection, and WHEREAS, the Board of Public Works, acting as the lead agency, declared on December 15, 2020, that the project would not have a significant negative environmental impact in accordance with the City Environmental Quality Review Ordinance and the New York State Environmental Quality Review Act, and WHEREAS, on November 4, 2020, Common Council approved the 2021 SID #2 Work Plan, which included creating $250,000 SID#2 Capital Project, and WHEREAS, on May 10, 2021, construction bids will be opened and the qualified, low-bidder will be selected, and in order to award the contract, the City needs to create a capital project; now, therefore, be it RESOLVED, That the Common Council hereby approves the above-subject project, and, be it further RESOLVED, That the Common Council hereby authorizes the City of Ithaca to pay in the first instance 100% of the cost of Construction and Inspection work for the Project or portions thereof, and, be it further RESOLVED, That the sum of $800,000 be hereby appropriated from the issuance of serial bonds and made available to cover the cost of participation in the above phase of the Project; and, be it further RESOLVED, That Common Council hereby creates Capital Project #886, to be funded from the following sources: • $266,500 NYS DEC Grant • $250,000 approved via 2021 SID#2 Capital Project • $250,000 from CHIPS reimbursement • $33,500 SID#2 fund balance and, be it further RESOLVED, That the Superintendent of Public Works of the City of Ithaca be and is hereby authorized to execute all necessary Agreements, certifications or reimbursement requests on behalf of the City of Ithaca in connection with the advancement or approval of the Project and providing for the administration of the Project and the municipality’s first instance funding of Project costs and permanent funding of the local share of state-aid and state-aid eligible Project costs and all Project costs within appropriations therefore that are not so eligible, and be it further RESOLVED, That this project be undertaken with the understanding that the final cost of the Project to the City of Ithaca General Funds will be roughly 0% of said portion, currently estimated at $0.00 of the $800,000 authorized for this portion of the project, in monies and in- kind services as managed by the Superintendent of Public Works and monitored by the City Controller. 3.6 DPW – South Albany Street Bridge Project WHEREAS, a project for the rehabilitation of the South Albany Street Bridge over Six Mile Creek, P.I.N. 375668 (“the Project”) is eligible for funding under Title 23 U.S. Code as administered by the Federal Highway Administration (FHWA), as amended, that calls for the apportionment of the costs such program to be borne at the ratio of 80% Federal funds and 20% non-Federal funds, and WHEREAS the City of Ithaca desires to advance the Project by making a commitment of 100% of the non-Federal share of the costs of Scoping, Preliminary Design, and Detailed Design, and WHEREAS this project constitutes a reconstruction of facility in-kind on the same site as well as maintenance or repair involving no substantial change in an existing facility, and is therefore a Type II action under the National Environmental Policy Act (NEPA) Regulation and in accordance with 6 NYCRR Part 617 requiring no environmental review, and WHEREAS, on March 4, 2020, Common Council authorized $155,000 to cover the cost of participation in Scoping and Preliminary Design, and WHEREAS, on February 26,2021, an additional $210,000 project funding made available by the New York State Department of Transportation to cover the cost of participation in Detailed Design; now, therefore be it RESOLVED, That the Common Council hereby authorizes the City of Ithaca to pay in the first instance 100% of the Federal and non-Federal share of the cost of Detailed Design thereof, and, be it further RESOLVED, That Common Council hereby amends Capital Project #879 by an amount not to exceed of $210,000 for a total project authorization of $365,000 for the purpose of covering the cost of participation in the above phase of the project, and, be it further RESOLVED, That in the event the full Federal and non-Federal share costs of the project exceeds the amount appropriated above, Common Council of the City of Ithaca shall convene as soon as possible to appropriate said excess amount immediately upon the notification by the NYSDOT thereof, and, be it further RESOLVED, That funds needed for said project shall be derived from the issuance of Serial Bonds with the City’s estimated share of the project cost not to exceed 5% or $18,250, and be it further RESOLVED, That the Mayor of the City of Ithaca of the County of Tompkins be and is hereby authorized to sign all necessary Agreements with New York State Department of Transportation to secure Federal Aid and Marchiselli Aid on behalf of the City of Ithaca and the Superintendent of Public Works is authorized to sign all necessary construction documents, contracts, certifications, and reimbursement requests, and, be it further RESOLVED, That the Superintendent of Public Works be and is hereby authorized to administer the above project, and, be it further RESOLVED, That a certified copy of this resolution be filed with the New York State Commissioner of Transportation by attaching it to any necessary Agreement in connection with the Project, and, be it further RESOLVED, That this Resolution shall take effect immediately. 3.7 WWTP – Approval of Permanent Water and Access Easements and Rights-of-Way for City of Ithaca Water Main WHEREAS, pursuant to the Joint Sewer Agreement (revised December 31, 2003, and last amended February 20, 2019) among the City of Ithaca, Town of Ithaca and Town of Dryden (collectively, the “Municipal Owners”), the Municipal Owners presently own, operate and maintain the Ithaca Area Wastewater Treatment Facility (“IAWWTF”), located at 525 Third Street in the City of Ithaca, on property owned by them and described in the Warranty Deed with Lien Covenant dated December 22, 2011, which was recorded in the Tompkins County Clerk’s Office on December 27, 2011 as Instrument Number 585279-001, Tax Map Parcel Number 24.- 1-1.2 (“IAWWTF Property”), and WHEREAS, the City has requested permission to construct and install a water main on IAWWTF Property from the northern IAWWTF Property boundary on Cascadilla Creek to Station 2+05, and from Station 2+05 to Station 0+00 (“New Water Main”), which New Water Main will connect to an existing water main owned by the City and located on the IAWWTF Property, all as depicted in the Utility Plan Sheet C402 drawing titled “Phase 1 City Harbor Development, City Harbor, LLC and the Guthrie Clinic, 101 Pier Road, Ithaca, New York” initially dated July 14, 2020, and last revised on April 9, 2021, and WHEREAS, the New Water Main benefits the IAWWTF and Municipal Owners because the New Water Main will (a) create a loop in the City’s water distribution system that will provide water service redundancy to the IAWWTF; (b) eliminate water quality issues at the existing dead-end City water main located on the IAWWTF Property; and (c) significantly increase fire flows to the IAWWTF Property, and WHEREAS, at its April 14, 2021, meeting, the Special Joint Committee of the IAWWTF (“SJC”) reviewed, discussed, and approved the proposed Permanent Water and Access Easements and Rights-of-Way for City of Ithaca Water Main; now, therefore, be it RESOLVED, That Common Council hereby approves the attached Permanent Water and Access Easements and Rights-of-Way for City of Ithaca Water Main. CITY ADMINISTRATION COMMITTEE ITEMS: YouTube timestamp: 1:04.46 4.1 Mayor – Increase in Hours for Certain Positions Moved by Alderperson Mohlenhoff: Seconded by Alderperson Kerslick Discussion: Mayor Myrick requested the addition of increasing the hours of the Executive Assistant to the Mayor by 8 to 40. Amending Resolution By Alderperson Kerslick: Seconded by Alderperson Lewis 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 RESOLVED, That the 1st Resolved clause be amended to read as follows: “RESOLVED, That Common Council hereby amends the 2021 Personnel Roster effective May 10, 2021, for the Finance Department and the Human Resources Department, and effective June 1, 2021 for the Mayor’s Office as follows: Increase hours of Deputy Controller by 10 to 30 hours Increase hours of Manager of Organizational Development by 8 to 40 hours Increase hours of Executive Assistant to the Mayor by 8 to 40 hours and, be it further RESOLVED, That the 2nd Resolved clause be amended to read as follows: “RESOLVED, That Common Council hereby amends the 2021 Authorized Budget as follows: Increase Revenue Accounts: A1315-4389 Federal Aid Finance Dept. 19,456 A1430-4389 Federal Aid HR Dept. 14,280 A1210-4389 Federal Aid Mayor's Office 8,531 $42,267 Increase Appropriation Accounts: A1315-5105 Admin Salaries Finance Dept. 15,411 A1315-9000 Fringe Benefits Finance Dept. 4,045 A1430-5105 Admin Salaries HR Dept. 11,311 A1430-9000 Fringe Benefits HR Dept. 2,969 A1210-5105 Admin Salaries Mayor's Office 6,756 A1210-9000 Fringe Benefits Mayor's Office 1,775 $42,267 Main Motion as Amended 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 WHEREAS, the significant loss of City revenues due to the COVID-19 pandemic necessitated cuts to 2021 department budgets, and WHEREAS, several departments reduced their budgets by cutting weekly hours worked for some of their employees, and WHEREAS, the American Rescue Plan, signed into law by President Biden on March 11, 2021, included billions of dollars in emergency funding to state, local and tribal governments to compensate for the revenue losses stemming from COVID-19, and WHEREAS, these rescue funds will allow the City of Ithaca to make significant adjustments to the 2021 budget, and WHEREAS, the Finance and Human Resource departments have an immediate need to increase hours for employees whose hours were reduced; now, therefore, be it RESOLVED, That Common Council hereby amends the 2021 Personnel Roster effective May 10, 2021, for the Finance Department and the Human Resources Department, and effective June 1, 2021 for the Mayor’s Office as follows: Increase hours of Deputy Controller by 10 to 30 hours Increase hours of Manager of Organizational Development by 8 to 40 hours Increase hours of Executive Assistant to the Mayor by 8 to 40 hours and, be it further RESOLVED, That Common Council hereby amends the 2021 Authorized Budget as follows: Increase Revenue Accounts: A1315-4389 Federal Aid Finance Dept. 19,456 A1430-4389 Federal Aid HR Dept. 14,280 A1210-4389 Federal Aid Mayor's Office 8,531 $42,267 Increase Appropriation Accounts: A1315-5105 Admin Salaries Finance Dept. 15,411 A1315-9000 Fringe Benefits Finance Dept. 4,045 A1430-5105 Admin Salaries HR Dept. 11,311 A1430-9000 Fringe Benefits HR Dept. 2,969 A1210-5105 Admin Salaries Mayor's Office 6,756 A1210-9000 Fringe Benefits Mayor's Office 1,775 $42,267 4.2 A Local Law to Amend Section C-24 of the City of Ithaca Charter Regarding the Membership of the Examining Board of Electricians YouTube Timestamp: 1:10:04 Moved by Alderperson Mohlenhoff: Seconded by Alderperson Kerslick 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 Local Law # 2021 - BE IT ENACTED by the Common Council of the City of Ithaca as follows: Section 1. Section C-24 of the City of Ithaca Charter, entitled Examining Board of Electricians, is hereby amended to read as follows: § C-24Examining Board of Electricians. A. Membership. There is hereby established for the City of Ithaca an Examining Board of Electricians. One member of this Board shall be the Electrical Inspector; one shall be the Director of Planning and Development or his/her designee; and the remaining three, who shall be residents of [the City of Ithaca] Tompkins County, shall be appointed by the Mayor subject to the approval of the Common Council, namely, two master electricians licensed by the City of Ithaca and one member at large. The first appointments shall be for one, two and three years respectively, and afterwards for terms of three years. B. Licensing power. Said Board shall be empowered to examine, license, and regulate master and special electricians and others engaging or contracting in electrical work for hire in the City of Ithaca. C. Functions pursuant to Electrical Code. Said Board shall perform its functions pursuant to the Electrical Code of the City of Ithaca as adopted by the Common Council. Section 2. 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. Section 3. Effective Date. This Local Law shall take effect upon the filing of the Local Law in the office of the Secretary of State. 4.3 Resolution for Ithaca Area Wastewater Treatment Facility Emergency Repairs – Activated Sludge Blowers YouTube Timestamp: 1:11:48 By Alderperson Mohlenhoff: Seconded by Alderperson Brock Discussion: Discussion followed regarding the possibility of any insurance coverage on the damaged equipment. City Controller Thayer reported that the City would be responsible for 57% of the cost of repairs for both projects. 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 WHEREAS, the activated sludge process is a secondary treatment component at the Ithaca Area Wastewater Treatment Facility, and WHEREAS, biological growth in the activated sludge tanks is maintained through aeration, the process of mixing compressed air (oxygen) with settled wastewater in the process tanks to sustain biological treatment, and WHEREAS, the Ithaca Area Wastewater Treatment Facility has two (2) Turblex and two (2) Hoffman industrial grade blower(s) to provide compressed air to treatment processes, and WHEREAS, both of the Turblex blowers suffered catastrophic bearing and impeller failures in December 2020, and March 2021, respectively, eliminating system redundancy, and WHEREAS, a recent failure analysis, diagnostic and service report provided by BCV Systems substantiated these catastrophic failures, and WHEREAS, in accordance with State standards, the facility cannot operate as designed without having a redundant means for aeration, and WHEREAS, in a recent April 23, 2021 MRB Group consultants draft report to evaluate a replacement blower alternative, the Turblex Blowers are identified as a type which need to typically operate at 50 – 100% of their rated airflow to perform within specifications, and WHEREAS, in that same report, Attachment 1 shows that the high speed turbo Turblex Blowers likely operated below their rated airflow on a regular basis, which could have caused mechanical concerns including surging, and WHEREAS, a rotary screw design blower is a recommended replacement which is a different mechanical design which would operate within IAWWTF efficiency parameters, and WHEREAS, in comment 4 of the report, MRB notes that the need for replacement is “urgent” and states many operational concerns which constitute an “emergency,” including lack of aeration redundancy, lack of fine aeration control, potential SPDES permit exceedances, growth of filaments, and other problems which require additional maintenance, and WHEREAS, a factory rebuild of the two (2) Turblex blowers, along with associated programming, and mechanical modifications would allow the reinstatement of the Turblex blowers at a cost significantly below the cost of replacement, and WHEREAS, MRB evaluated three vendors as options for recommended replacement of the Turblex Blowers with an estimated average cost of $328,000, and WHEREAS, the Special Joint Committee recommended at a special meeting on April 28, 2021, to its municipal boards that they approve the rebuild or replacement of two (2) Turblex blowers for a cost, including contingencies, not to exceed the sum total of Four Hundred Thousand Dollars ($400,000); now, therefore be it RESOLVED, That Common Council hereby approves the rebuild or replacement of the two (2) Turblex blowers at the IAWWTF at a cost not to exceed $400,000, and, be it further RESOLVED, That funds necessary for said repairs be derived from the following sources as determined by the City Controller; operating funds, fund balance, serial bonds, capital reserves, grants and Federal stimulus. 4.4 Resolution for Ithaca Area Wastewater Treatment Facility Emergency Repairs – Primary Digester YouTube Timestamp: 1:25:58 By Alderperson Mohlenhoff: Seconded by Alderperson Brock 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 WHEREAS, primary and secondary sludge digestion is a vital process at the Ithaca Area Wastewater Treatment Facility (IAWWTF), and WHEREAS, digestion is necessary in dewatering and stabilizing solids for disposal, biogas production for heating and electrical generation, and in the receipt of trucked in wastes, a revenue generating service, and WHEREAS, on the night of March 11-12, 2021, a blockage caused by excessive debris in the primary digester overflow line caused the liquid level in the tank to surge upwards and lift the digester cover approximately 18 inches, breaking anchor bolts, mounts, and concrete, and WHEREAS, the immediate blockage was relieved by Drain Brain sewer service and the excess liquid was drained, allowing the primary digester cover to settle back into place but it is no longer anchored in place, and WHEREAS, the digester will need extensive repairs to the cover, anchorage system, and sludge piping and valves to remove further blockages and restore reliable digester operations, and WHEREAS, in accordance with standards, the facility cannot operate as designed without the primary digester in operation, and WHEREAS, the loss of sludge management and treatment provided by this facility presents many concerns including, but not limited to, the inability to adequately maintain appropriate sludge treatment standards, the potential inability to meet plant SPDES permit requirements, the inability to adequately process sludge, increases in trucking, hauling, and disposal costs, the inability to properly receive trucked in waste from regional sources that rely on the IAWWTF for treatment, the potential loss of revenue, and increases in costly plant energy consumption, and WHEREAS, in a draft April 26, 2021 letter by GHD Consultants hired to evaluate emergency repairs for the primary digester, the opening narrative states that the issues with the Primary Digester and associated equipment constitute an “emergency situation” which requires immediate action on the part of the IAWWTF, and WHEREAS, the letter identifies several actions for the Primary Digester including removal of contents, repair of the anchoring system, evaluation, cleaning, and inspection of the piping system(s), along with potential work on the supporting appurtenances as well as Secondary Digester cleaning, inspections and repairs; and WHEREAS, GHD verbally estimates the costs for these repairs to be at least $1.5 million pending further evaluation and the issuance of a subsequent memo, and WHEREAS, the Special Joint Committee recommended at a special meeting on April 28, 2021, to its municipal boards that they approve said project not to exceed the sum total of One Million Six Hundred Fifty Thousand Dollars ($1,650,000) for removal of primary digester contents, repair of the anchoring system, evaluation, cleaning, and inspection of the piping system(s), along with critical work on the supporting appurtenances as well as Secondary Digester cleaning, inspections and repairs, and a ten percent contingency; now, therefore be it RESOLVED, That Common Council hereby approves the repair to the Primary and Secondary Digesters at the IAWWTF at a cost not to exceed $1,650,000, and, be it further RESOLVED, That capital project CP #422J, IAWWTF Various Improvements, be hereby amended by an amount not to exceed $1,650,000 for a total project authorization of $13,191,850, for the purpose of funding said Primary and Secondary Digester repairs, and, be it further RESOLVED, That funds necessary for said project shall be derived from the following sources as determined by the City Controller; insurance recovery, serial bonds, grants and Federal stimulus funds. 4.5 Common Council - Extension of TCAT Transportation Agreement for One Year YouTube Timestamp: By Alderperson Mohlenhoff: Seconded by Alderperson Smith Discussion: On the 1998 TCAT Consolidation Agreement Amending Resolution By Alderperson Nguyen: Seconded by Alderperson Brock 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 RESOLVED, That a new Whereas clause be added as the sixth Whereas Clause to read as follows: "WHEREAS, TCAT's underwriters did not terminate the 1998 Consolidation Agreement (which created the joint venture) when TCAT, Inc. began operations in 2005, because they wanted to make sure all joint venture liabilities were known and dealt with before they terminated the Consolidation Agreement"; and” and, be it further RESOLVED, That a new Resolved clause be added as the second Resolved, to read as follows: "RESOLVED, That the agreement extending the Transportation Agreement for twelve months include a provision terminating the Consolidation Agreement and TCAT joint venture (TCAT, Inc.’s predecessor), and, be it further" Main Motion as Amended 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 WHEREAS, on November 7, 1990, the City of Ithaca, Tompkins County, and Cornell University entered into an agreement for the design of a regional transit facility, and WHEREAS, on October 9, 1991, the City, County and Cornell entered into a 20-year construction and operation agreement for the new transit facility, and WHEREAS, on April 1, 1998, the City, County and Cornell entered into an agreement to create a TCAT joint venture to provide public transportation services, and WHEREAS, on January 1, 2005, a Transportation Agreement was signed among the three parties and TCAT to end the TCAT joint venture and have the operations assumed by a single employer, TCAT, Inc., with the agreement running through October 9, 2021, and WHEREAS, on February 12, 2018, an agreement was signed between the City and County regarding the ownership of the transit facility, and WHEREAS, TCAT's underwriters did not terminate the 1998 Consolidation Agreement (which created the joint venture) when TCAT, Inc. began operations in 2005, because they wanted to make sure all joint venture liabilities were known and dealt with before they terminated the Consolidation Agreement, and WHEREAS, the Transportation Agreement is set to expire in October of this year, and WHEREAS, the City, County and Cornell would like to extend the Transportation Agreement for twelve months, to allow time for negotiation of a successor agreement; now, therefore, be it RESOLVED, That Common Council authorizes the Mayor to sign an extension of the current Transportation Agreement for a period of one year, and be it further RESOLVED, That the agreement extending the Transportation Agreement for twelve months include a provision terminating the Consolidation Agreement and TCAT joint venture (TCAT, Inc.’s predecessor), and be it further RESOLVED, That the Mayor will name members to a negotiating team to meet with the County and Cornell and negotiate a successor transportation agreement, with the new agreement to be brought back to Common Council for approval before the expiration date of the extended Transportation Agreement. Alderperson Mohlenhoff reported that the Community Justice Center legislation will be considered by the City Administration Committee in May and will be forwarded to Common Council in June. The proposed 5G Design Guidelines were discussed at the April City Administration Committee meeting and the attorney working on the guidelines will be attending the May meeting. Reports of City Officials: City Controller’s Report YouTube timestamp: 1:36.15 • Trying to close Year End 2020. • New York State Aid was reduced by 20% in 2020 but 15% was reimbursed. Now New York State is reimbursing the other 5% ($522,000) • Sales tax is running $10.2% lower than the 2020 figures. The City is still feeling the impacts of COVID; however, there is hope for a rebound in parking revenue. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE ITEMS: YouTube timestamp: 1:46.06 5.1 An Ordinance to Amend Chapter 146 of the City of Ithaca Municipal Code Entitled “Building Code Enforcement” A. Declaration of Lead Agency for the City of Ithaca Energy Code Ordinance By Alderperson Murtagh: Seconded by Alderperson Lewis 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 WHEREAS, State Law and Section 176-6 of the City Code 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, the proposed action is an Unlisted Action under the City of Ithaca Environmental Quality Review Ordinance and under 6 NYCRR Part 617 of the NYS State Environmental Quality Review now, therefore, be it RESOLVED, That the Common Council of the City of Ithaca does hereby declare itself lead agency for the environmental review of the proposal to amend the Municipal Code of the City of Ithaca, Chapter 146, entitled “Building Code Enforcement”. B. Negative Declaration of Environmental Significance for the City of Ithaca Energy Code Ordinance By Alderperson Murtagh: Seconded by Alderperson Lewis 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 WHEREAS, in May 2018 Common Council adopted the Green Building Policy Report, which contained recommendations for code requirements and served as the basis for the Ithaca Energy Code Supplement, and WHEREAS, the City of Ithaca Common Council has demonstrated its desire and commitment to be a leader in sustainability as most recently affirmed by its unanimous adoption of the Ithaca Green New Deal on June 5, 2019 which sets forth a goal to achieve carbon-neutrality community-wide by 2030, and WHEREAS, in support of the Ithaca Green New Deal and the City’s ongoing sustainability goals and efforts to reduce greenhouse gas emissions, the City is interested in introducing this green building policy for new structures by amending the Building Code Enforcement provisions set forth in Chapter 146 of the City of Ithaca Municipal Code to insert a new Article VII, entitled, “Establishment and Implementation of the Ithaca Energy Code Supplement”, and WHEREAS, 6 NYCRR, Part 617, of the State Environmental Quality Review Law and Chapter 176.6 of the City Code, Environmental Quality Review require a Lead Agency be established for conducting Environmental Review of projects in accordance with local and state environmental law, and WHEREAS, this is an Unlisted Action under the City of Ithaca Environmental Quality Review Ordinance (“CEQRO”) and the State Environmental Quality Review Act (“SEQRA”), and is subject to Environmental Review, and WHEREAS; the City of Ithaca Common Council, being the agency which has primary responsibility for approving and funding or carrying out this action, has, on March 3, 2021, declared itself to be lead agency for the adoption of the City of Ithaca Energy Code Ordinance, amending the Municipal Code of the City of Ithaca, Part II: General Legislation, Chapter 146, and WHEREAS, the City of Ithaca Common Council, acting as Lead Agency in Environmental Review, did on May 5, 2021, review and accept as adequate: a Short Environmental Assessment Form (SEAF), Parts 1 and 2, prepared by Planning staff; now, therefore, be it RESOLVED, That the City of Ithaca Common Council determines that adoption of an ordinance amending the Municipal Code of the City of Ithaca Part II: General Legislation, Chapter 146, Building Code Enforcement, will result in no significant impact on the environment and a Negative Declaration for purposes of Article 8 of the Environmental Conservation Law be filed in accordance with the provisions of Part 617 of the State Environmental Quality Review Act. C. An Ordinance to Amend Chapter 146 of the City of Ithaca Municipal Code Entitled “Building Code Enforcement” to Establish the Ithaca Energy Code Supplement By Alderperson Murtagh: Seconded by Alderperson Smith Discussion: Amending Resolution: By Alderperson Fleming: Seconded by Alderperson Murtagh 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 RESOLVED, That Section 1 of the Ordinance Entitled “Findings of Fact”, Subsection 4 is hereby amended to read as follows: “4. For new buildings, the most affordable and cost-effective time to reduce greenhouse gas emissions is during the design and construction phases of a project, rather than at a time of later retrofit.” Amending Resolution By Alderperson Brock: Seconded by Alderperson Kerslick 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 RESOLVED, That Section 402.4.1.5(a) of the Ithaca Energy Code Supplement be amended to read as follows: “C402.4.1.5 Reporting and Documentation a. The building owner shall submit documentation of renewable energy system ownership, participation in a community renewable energy facility, or renewable energy procurement. Records on power and thermal energy produced or purchased by the building owner from the renewable energy producer shall be retained by the building owner on behalf of the entity demonstrating financial or operational control over the building seeking compliance to this standard and submitted to the Code Enforcement Officer on an annual basis for no less than 15 years.” Main Motion as Amended: 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 WHEREAS, the City of Ithaca Common Council has demonstrated its desire and commitment to be a leader in sustainability as most recently affirmed by its unanimous adoption of the Ithaca Green New Deal on June 5, 2019 which sets forth a goal to achieve carbon-neutrality community-wide by 2030, and WHEREAS, locally, the building sector is responsible for more than half of greenhouse gas (GHG) emissions, and the most affordable and cost‐effective time to reduce GHG emissions is when a building is built, and WHEREAS, pursuant to section 11-109 of the New York State Energy Law, and subject to the provisions and requirements of that section, municipalities may promulgate local energy conservation construction codes more stringent than the NYS Energy Code, and WHEREAS, in 2017, in partnership with the Town of Ithaca, the City engaged an outside consultant in development of a green building code supplement to reduce GHG emissions in new construction, and WHEREAS, the proposed energy code supplement assigns point values for various green building construction methods and components, assesses minimum point aggregates or paths for new residential and commercial construction to meet the proposed green building goals and requirements, and includes an implementation schedule governing when projects must meet these requirements, and WHEREAS throughout the development process, the Planning Division convened regular meetings with internal and external stakeholder committees, which included representatives from the development community, major local institutions, and sustainability advocates, and WHEREAS between 2017 and 2020, the Planning Division held numerous public outreach sessions resulting in hundreds of comments and public feedback, which have been incorporated into the proposed energy code supplement, and WHEREAS in May 2018 Common Council adopted the Green Building Policy Report, which contained recommendations for code requirements and served as the basis for the Ithaca Energy Code Supplement, and WHEREAS, in support of the Ithaca Green New Deal and the City’s ongoing sustainability goals and efforts to reduce greenhouse gas emissions, the City is interested in introducing this green building policy for new structures by amending the Building Code Enforcement provisions set forth in Chapter 146 of the City of Ithaca Municipal Code to insert a new Article VII, entitled, “Establishment and Implementation of the Ithaca Energy Code Supplement”; now, therefore ORDINANCE NO. 2021- BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows: Section 1. Findings of Fact. The Common Council finds that: 1. The City of Ithaca has long demonstrated its commitment to sustainability and related environmental concerns. 2. On June 5, 2019, the City established a goal of achieving a carbon neutral city by 2030 including a requirement that all new buildings in Ithaca produce 40% fewer greenhouse gas emissions than required by state code. 3. Buildings within the City of Ithaca are the most significant contributor to local greenhouse gas emissions. 4. For new buildings, the most affordable and cost-effective time to reduce greenhouse gas emissions is during the design and construction phases of a project, rather than at a time of later retrofit. 5. In recognition of the above findings of fact, the enactment of this Article is intended to establish a green building policy or local energy code supplement for new buildings. Section 2. Creation of a new Article VII, Chapter 146. Chapter 146 of the City of Ithaca Municipal Code entitled “Building Code Enforcement” is hereby amended to add a new Article VII entitled “Establishment and Implementation of the Ithaca Energy Code Supplement.” Such Article shall read as follows: Article VII – Establishment and Implementation of the Ithaca Energy Code Supplement § 146-50. Title, legislative purpose, intent, and effective date. This Article shall be known and cited as the “Establishment and Implementation of the Ithaca Energy Code Supplement.” The purpose and intent of this Article is to establish a green building code for all new construction, certain additions, and major renovations, as specified and defined in this Article, of any buildings, structures, or premises, regardless of use or occupancy with requirements above and beyond the state energy code. The requirements set forth give priority to electrification, renewable energy, and affordability. The intent of this Article is to: (1) deliver measurable and immediate reductions in greenhouse gas emissions from new buildings, major renovations, and new additions; (2) advance best practices in the design of affordable buildings to deliver reduced greenhouse gas emissions; and (3) provide a rapid but orderly transition to alternative sources of energy, e.g., not fossil fuel based, to supply major building energy needs, such as space heating and hot water heating, by 2026. The regulatory structure set forth in this Article and requirements of the Article are effective upon enactment. Additional requirements to further reduce greenhouse gas emissions become effective in 2023 and 2026. § 146-51. Definitions Addition - An extension or increase in heated floor area, number of stories or height of a building or structure. Building - Any structure utilized or intended for supporting or sheltering any occupancy. Construction - Work subject to the provisions of City Code Section 146 “Building Code Enforcement.” Director or Director of Planning – Shall refer to the Director of Planning and Development, or where not noted, but in the Director’s discretion, may also include the Director’s designee. Directly Heated Space - An area or room that is enclosed within the building thermal envelope and is directly heated using fossil fuel, electricity, or biomass as the energy source. Spaces are indirectly heated (and not directly heated) where they connect through openings with heated spaces, where they are separated from heated spaces by uninsulated walls, floors or ceilings, or where they contain uninsulated ducts, piping or other sources of heating using fossil fuel, electricity, or biomass. Final approved IECS Plan – A Project’s final plan for compliance with the Ithaca Energy Code Supplement, as approved by the Director of Planning or designee. Floor Area – The total square footage of all levels as measured from the inside finished surface of the walls, but excluding outside courts, unconditioned garages, and uninhabitable crawl spaces and attics. Fossil Fuels – An energy source formed in the Earth's crust from decayed organic material. The common fossil fuels are petroleum, coal, and natural gas. For purposes of this IECS, fossil fuels shall also include common extracts, derivatives, and products of fossil fuels, including but not limited to propane, kerosene, and gasoline. Heated Floor Area – The horizontal projection of the floors associated with the heated space. Ithaca Energy Code Supplement -The regulations governing implementation of this Article setting forth the point requirements and criteria and compliance paths. Also referred to as the IECS or Supplement. Major Renovation - Construction or renovation to an existing structure other than a repair or addition, where (a) the Work Area exceeds 75 percent of the floor area, and (b) two or more of the following occur: 1. Replacement or new installation of a heating plant or system (e.g. boiler, furnace, or other major system). Changes to ventilation and air conditioning systems are not considered renovations of the heating system. 2. Construction that involves disassembly of greater than 50% of the area of the above- grade portion(s) of the building thermal envelope. 3. Changes to, including but not limited to new installation, replacement, relocation, or removal of, lamps, lighting, or other illumination fixtures in greater than 50% of the building floor area. Space within a building that is not currently lit, and is not proposed to be lit, shall not count toward the 50% calculation. Project - Any land use activity or construction which requires a building permit from the Building Division and will result in changes to the physical condition, appearance or type of use, or intensity of use, of property. Renewable Energy Credit - A tradable instrument that represents the environmental attributes of one megawatt-hour of renewable electricity generation and is transacted separately from the electricity generated by the renewable energy source. Also known as REC, renewable energy certificate, energy attribute and energy attribute certificate. Renewable Energy Systems – Includes any energy systems producing electricity from solar, wind, or hydroelectric, or thermal energy from solar, geothermal, or hydrothermal resources, but shall not include systems producing thermal energy absorbed from or rejected to outdoor air/ground/water and used in conjunction with heat pumps. Thermal Envelope -- The insulated exterior walls (above and below grade), floors, ceilings, roofs, and any other building element assemblies that enclose heated space or provide a boundary between heated space and unheated space. Work Area - That portion or portions of a building consisting of all reconfigured spaces as indicated on the construction documents. Work area excludes other portions of the building where incidental work entailed by the intended work must be performed and portions of the building where work not initially intended by the owner is specifically required by the provisions of state Existing Building code. § 146-52. Application of Ithaca Energy Code Supplement A. Application. This Article shall apply to the following Construction: 1. New construction, excluding additions and major renovations not specified in this section; 2. Additions 500 square feet or larger to one-family dwellings or two-family dwellings; 3. Additions 1,000 square feet or larger to buildings other than one- family dwellings or two- family dwellings; and 4. Major Renovations; B. Notwithstanding the provisions of (A) above, this Article shall not apply to any Project or Construction that does not include directly heated space. C. Projects or Construction subject to this Article must comply with the standards and methods of compliance set forth in the Ithaca Energy Code Supplement, which is hereby made a part of this Chapter by reference, and as may be updated from time to time. The Ithaca Energy Code Supplement is available on the City’s website, and in hardcopy from the Planning Department. Building permit applicants must comply with the most current version at the time of submission of the building permit application. D. Except as specified in this Article or in the Ithaca Energy Code Supplement, this Article shall not be used to require the removal, alteration or abandonment of, nor prevent the continued use and maintenance of, an existing building or building system lawfully in existence at the time of adoption of this chapter. § 146-53 Compliance Standards. A. Compliance Standards. All buildings, structures or premises must be designed to comply with the New York State Energy Code and the Ithaca Energy Code Supplement, and any other referenced standards, in effect at the time of submission of the building permit application. B. As of the date of submission of the building permit application and based on the type of construction as determined by the Building Division (e.g. commercial or residential), all projects or construction subject to this Article must also demonstrate the means by which the project or construction will comply with the applicable standards and methods of compliance set forth in the IECS. Each project must submit documentation with the submission of a building permit application demonstrating the Project’s proposed compliance with the applicable requirements of the Ithaca Energy Code Supplement. C. The Code Inspector shall review the proposed compliance plan. Upon satisfactory receipt of all documentation and other materials necessary to evaluate the plan and assess its compliance with the IECS, the Code Inspector shall determine whether the plan fulfills the applicable IECS requirements, and if so, approve the IECS plan as final. The final approved IECS plan shall be the basis for evaluating compliance with this Article and issuance of certificate(s) of compliance or occupancy and shall be maintained in the Building Division property file. D. Any Project using Renewable Energy Credits and/or Renewable Energy Systems to fulfill the compliance requirements established by this Article shall have additional document production and record keeping requirements as set forth in the Supplement. Production of the required documents or record keeping data, upon the City’s inspection request, as well as conformity with the requirements set forth in the final approved IECS plan, shall be considered a basis for evaluating compliance with this Article and issuance of certificate(s) of compliance or occupancy. § 146-54 Enforcement, inspection and violations A. Enforcement. The Director of Planning or designee shall be the enforcement official for the Ithaca Energy Code Supplement, responsible for inspection and enforcement of the standards set forth therein. In accordance with such responsibility, the Director or designee shall have the power to stop work or enforce as otherwise authorized in Article II of this Chapter for any work not conforming to the Ithaca Energy Code Supplement or being done in a generally careless or hazardous manner. B. Inspection. Compliance with the Project’s approved building permit and relevant Ithaca Energy Code Supplement provisions shall be periodically inspected for conformance with the final approved IECS plan and building permit, including the maintenance, in accordance with all other certificates, inspections or other approvals required by the City Code or State law. If there is nonconformance, or if any of the final approved IECS plan items are not fulfilled, no certificate of occupancy or certificate of completion shall be issued. Where a property reverts to nonconformance after the issuance of a certificate of occupancy or certificate of completion, current owners shall be notified in writing and given the opportunity to correct the situation. If the Director determines that the corrective measures are inadequate, the City may impose a fine in accordance with Section 146-59 "Penalties for Offenses" for any violations of the provisions of this chapter or of the Ithaca Energy Code Supplement. C. Violations. It shall be a violation of this Article to violate any provision or standard of the Ithaca Energy Code Supplement, including specifically, but not limited to, construction without and/or failure to maintain any element required by the project-specific approved IECS plan. § 146-55 Unreasonable Hardship Exemption. A. If compliance with this Chapter presents an unreasonable hardship, the applicant may apply for an exemption as set forth in this section. In applying for an exemption, the burden is on the applicant to demonstrate the unreasonable hardship, and that the proposed exemption fulfills alternative energy conservation standards or otherwise achieves to the maximum extent practicable the purposes of this Article, reduction of greenhouse gas emissions. Approval or denial of an unreasonable hardship exemption is at the discretion of the Director of Planning. In the Director of Planning’s discretion, the exemption application may be referred to the Building Code Board of Appeals for determination or further input on the exemption application. Unreasonable hardship exemptions will only be granted in unusual circumstances based upon a showing of good cause and a determination that the public interest is not substantially prejudiced by the exemption or other compelling circumstances. B. An applicant for an exemption shall publish notice twice in the official newspaper of the City of Ithaca, which notice shall state the relief sought, the applicant's name and the location of the property and that comments may be sent to the City Director of Planning and Development. The Director’s decision shall not be made or become effective sooner than ten days from date of the first publication. The applicant is responsible for providing proof of publication. C. The determination of the Director of Planning shall become final ten calendar days after the date of decision unless appealed to the City Building Code Board of Appeals. For construction subject to City Code Chapter 228 “Landmarks Preservation,” the Director of Planning may, at his or her discretion, refer the request for an unreasonable hardship exemption to the Ithaca Landmarks Preservation Commission for advisory decision to the Director of Planning. D. If the Director of Planning or designee grants an exemption, the Director shall make a determination as to the maximum compliance requirements reasonably achievable for the project and shall confirm the exemption compliance plan, which shall be marked "Approved with Exemption," and maintained with the Building Division property file. The construction shall be subject to the IECS approval and compliance process in this Article, based on the final approved with exemption IECS Plan. § 146-56 Appeals. A. Any determination or interpretation by the Director of Planning or designee concerning the application of the provisions of this Article and/or the Ithaca Energy Code Supplement, and any enforcement thereof may be appealed to the Director of Planning within 30 days of the written notification. Any person aggrieved by any decision of the Director may appeal to the Building Code Board of Appeals. B. Any person aggrieved by any decision of the Building Code Board of Appeals may apply to the Supreme Court for review by a proceeding under Article 78 of the Civil Practice Law and Rules. § 146-57 Authority to Update. The Director of Planning or designee is hereby authorized to make minor amendments and non- substantive revisions to the Ithaca Energy Code Supplement as deemed necessary from time to time, which may include clarifications concerning point values or additional point classifications of individual energy criteria. Substantive changes to point values or the classifications or amendments to the Phases, as described above, shall require Common Council approval. § 146-58 Severability. If any section, paragraph or provision of this Article shall be determined to be invalid, such invalidity shall apply only to the section, paragraph or provision adjudged invalid, and the rest of this Article shall remain valid and effective. Section 3. To incorporate the new Ithaca Energy Code Supplement set forth in the new Article VII, the City of Ithaca Municipal Code is further amended as follows with any sections or subsections not modified below remaining unchanged: § 146-1 Legislative purpose and intent. A. Title. This chapter shall be known and may be cited as the "Building Code Enforcement Ordinance of the City of Ithaca, New York." B. Purpose and intent. The purpose of this chapter is to provide for enforcement procedures in the City of Ithaca for the New York State Uniform Fire Prevention and Building Code (Uniform Code) and the New York State Energy Conservation Construction Code (Energy Code), which were heretofore made applicable in the City of Ithaca by New York State Executive Law § 381, Subdivision 2, and regulations and standards made applicable in the City of Ithaca by the Common Council pertaining to the licensing, examining, registering, inspecting and enforcement thereof of contractors, plumbers, electricians, heating and ventilating installers and their work, and the Ithaca Energy Code Supplement, incorporated into this Chapter as Article VII. Except as otherwise provided in the Uniform Code, other state law, or other section of this chapter, all buildings, structures, and premises, regardless of use or occupancy, are subject to the provisions of this chapter. § 146-2 Compliance required. No person shall construct, alter, repair, move, remove, demolish, equip, occupy, use or maintain any building, structure or portion thereof in violation of any provision of this chapter, the New York State Uniform Fire Prevention and Building Code, the Energy Code, the Ithaca Energy Code Supplement, this Municipal Code, laws, ordinances, rules and regulations of any agency having jurisdiction over the subject matter nor fail to comply with lawful orders of the Director of Planning and Development or his/her designee, nor shall any person engage in any trade or occupation required to be licensed pursuant to the provisions of this chapter without first obtaining the proper license provided for hereunder, nor shall any person engage in any trade or occupation required to be registered pursuant to the provisions of this chapter without first properly registering as provided for hereunder. § 146-4 Administrative officers and functions. F. Enforcement 1. The Director of Planning and Development or his/her designee shall be responsible for the enforcement of the New York State Uniform Fire Prevention and Building Code, hereafter referred to as the "Uniform Code.," Tthe New York State Energy Conservation Construction Code, the City of Ithaca Zoning Ordinance, the Ithaca Energy Code Supplement, and all other codes and ordinances applicable to building construction and land use, and shall have the power to stop work not conforming to the Building Code or being done in a generally careless or hazardous manner. The City of Ithaca Fire Marshal shall be responsible for enforcement of the Fire Code of NYS (see Chapter 181). K. Compliance orders. (1) The Director of Planning and Development or his/her designee is authorized to order in writing the remedying of any condition or activity found to exist in, on or about any building, structure, or premises in violation of the Uniform Code, the Energy Code, the Ithaca Energy Code Supplement, or this chapter. Upon finding that any such condition or activity exists, the Director of Planning and Development or his/her designee shall issue a compliance order. The compliance order shall: § 146-5 Building permits. C. Exemption not deemed authorization to perform noncompliant work. The exemption from the requirement to obtain a building permit for work in any category set forth in Subsection B of this section shall not be deemed an authorization for work to be performed in violation of the Uniform Code, the Energy Code, the City of Ithaca Zoning Ordinance, Ithaca Energy Code Supplement or other applicable codes and ordinances. D. Applications for building permits. Applications shall be made in writing on a form provided by the Building Department. The application shall be signed by the owner of the property where the work is to be performed or an authorized agent of the owner. The application shall include such information sufficient to permit a determination by code enforcement personnel that the intended work complies with all applicable requirements of the Uniform Code, the Energy Code, the City of Ithaca Zoning Ordinance, Ithaca Energy Code Supplement and other applicable codes and ordinances. The application shall include or be accompanied by the following information and documentation: … (4) Where applicable, a statement of special inspections or certifications prepared in accordance with the provisions of the Uniform Code and/or Ithaca Energy Code Supplement; and H. Issuance of building permits. (1) An application for a building permit shall be examined to ascertain whether the proposed work is in compliance with the applicable requirements of the Building Code, the Energy Code, the City of Ithaca Zoning Ordinance, the Ithaca Energy Code Supplement, and other applicable codes and ordinances. The Code Enforcement Officer shall issue a building permit only if the proposed work is in compliance with the applicable requirements of the applicable codes and ordinances. O. Time limits. Building permits shall become invalid unless the authorized work is commenced within six months following the date of issuance. Building permits shall expire two years after the date of issuance, except that building permits that authorize work with a construction value of more than $15,000,000 shall remain in effect for a period of three years. A building permit may be renewed prior to the expiration date for one additional two-year period upon application by the permit holder, payment of the applicable fee, and approval of the application by the Code Enforcement Officer, provided that: (1) The permit has not been revoked at the time of the application for renewal; (2) The relevant information supplied on the original permit application is current; and (3) All changes to the scope of work, or methods and materials to be used are in accordance the construction documents submitted and with the Uniform Code, the Energy Code, the City of Ithaca Zoning Ordinance, the Ithaca Energy Code Supplement and other applicable codes. P. Revocation or suspension of building permits. If the Code Enforcement Officer determines that a building permit was issued in error because of incorrect, inaccurate or incomplete information, or that the work for which a building permit was issued violates the Uniform Code, the Energy Code, the City of Ithaca Zoning Ordinance, the Ithaca Energy Code Supplement or other applicable code or provision of this Chapter, the Code Enforcement Officer shall revoke the building permit, or suspend the building permit until such time as the permit holder demonstrates that: (1) All completed work is in compliance with all applicable provisions of the Uniform Code, the Energy Code, the City of Ithaca Zoning Ordinance, the Ithaca Energy Code Supplement or other applicable code or provision of this Chapter; and (2) All work proposed to be performed shall be in compliance with all applicable provisions of the Energy Code, the City of Ithaca Zoning Ordinance, the Ithaca Energy Code Supplement, or other applicable code or provision of this Chapter. § 146-6 Construction inspections. F. After inspection, the work or a portion thereof shall be noted as satisfactory as completed, or the permit holder shall be notified as to where the work fails to comply with the applicable code. Work not in compliance shall remain exposed until such work shall have been brought into compliance with all applicable provisions of the Uniform Code, the Energy Code, Ithaca Energy Code Supplement, or other applicable code, reinspected, and found satisfactory as completed. § 146-7 Stop-work orders. A. The Code Enforcement Officer is authorized to issue stop-work orders pursuant to this section. The Code Enforcement Officer shall issue a stop-work order to halt: (1) Any work that is determined by Code Enforcement Officer to be contrary to any provision of the Uniform Code, the Energy Code, or the City of Ithaca Zoning Ordinance, or the Ithaca Energy Code Supplement without regard to whether such work is or is not work for which a building permit is required, and without regard as to whether a building permit has or has not been issued; or § 146-8. Certificates of occupancy and certificates of completion. C. Issuance of certificates of occupancy and certificates of completion. The Director of Planning and Development or authorized code enforcement personnel shall issue a certificate of occupancy or certificate of completion if the work which was the subject of the building permit was completed in accordance with all applicable provisions of the Uniform Code, the Energy Code, the Ithaca Energy Code Supplement and the City of Ithaca Zoning Ordinance and/or, if applicable, that the structure, building or portion thereof that was converted from one use or occupancy classification or subclassification to another complies with all provisions of the Uniform Code, the Energy Code, the Ithaca Energy Code Supplement and the City of Ithaca Zoning Ordinance. The Code Enforcement Officer shall inspect the building, structure or work prior to the issuance of a certificate of occupancy or certificate of completion. In addition, where applicable, the following documents prepared in accordance with the provisions of the Uniform Code or other requirements set forth by applicable Code or provisions of this Chapter by such person or persons as may be designated by or otherwise acceptable to the Code Enforcement Officer, at the expense of the applicant for a certificate of occupancy or a certificate of completion shall be provided to the Code Enforcement Officer prior to the issuance of the certificate of occupancy or certificate of completion: E. Temporary certificates. (2) The Code Enforcement Officer may include in a temporary certificate such terms and conditions as he or she deems necessary or appropriate to ensure safety. A temporary certificate shall be effective for a period of time, not to exceed six months, which shall be determined by the Code Enforcement Officer and specified in the temporary certificate. During the specified period of effectiveness of the temporary certificate, the permit holder shall undertake to bring the building or structure into full compliance with all applicable provisions of the Uniform Code, the Energy Code, the Ithaca Energy Code Supplement, the City of Ithaca Zoning Ordinance and the conditions of site plan approval, if any, and any additional requirements set forth by applicable Code or provisions of this Chapter. Temporary certificates of occupancy may be renewed for one additional period of not more than six months upon application and payment of the fee provided for in § 146-5K at the discretion of the Code Enforcement Officer. § 146-49. Compliance required. All new installations of heating and/or ventilating apparatus repairs, alterations or additions thereto must be made in strict compliance with the regulations set forth in the Building Code, the New York State Energy Code, and Ithaca Energy Code Supplement. Section 4. Existing Article VII “Penalties” shall be amended and renumbered as Article VIII, and starting with Section 146-59 with no other amendments to the Article. Section 5. As required by Energy Law Section 11-109, Common Council directs the Director of Planning or designee to file a copy of this ordinance and Supplement with the New York State Fire Prevention and Building Code Council within thirty days after promulgation or adoption of this ordinance. Section 6. Severability. Severability is intended throughout and within the provisions of this ordinance. If any section, subsection, sentence, clause, phrase or portion of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall not affect the validity of the remaining portion. Section 7. Effective date. This ordinance shall take effect 90 days after approval by Common Council and in accordance with law upon publication of notices as provided in the Ithaca City Charter. 5.2 An Ordinance to Exchange Lands for and Lease Exchanged Lands to the Ithaca Community Gardens YouTube Timestamp: 2:03:54 By Alderperson Murtagh: Seconded by Alderperson Lewis Discussion: Alderperson Murtagh reviewed the following minor changes to the lease language as proposed by the Ithaca Community Gardens and noted that staff had no objection to the change: Article 4.a: a) LESSEE agrees that gardening operations on either side of the Leased Premises shall not resume after the infrastructure on that side is renewed by PGR until the garden plot layout, one bay of the storage shed, and the compost area has been installed on that side in accordance with the approved site plan. All fencing to be installed by LESSEE on either side of the Leased Premises must be completed within six months after the infrastructure to be provided by PGR is completed on that side, or by the following August 31st, whichever is later. LESSEE’s failure to comply with this subparagraph (a) shall constitute default under the terms of this Lease. Article 10: Notice to LESSEE of non-renewal, intention to conduct a final vote on non-renewal, or any defaults which may result in lease termination, shall be delivered by certified mail, return receipt requested. Notice of intention to conduct a final vote on non-renewal or termination shall be delivered a minimum of ten (10) days in advance of such vote. Alderperson Brock noted that 30 years is an unusually long lease. Other leases for use of city property by non-profits are generally for public benefit. Amending Resolution By Alderperson Brock: Seconded by Alderperson McGonigal RESOLVED, That the term of the lease be reduced to 25 years instead of 30 years. Discussion: City Attorney Lavine explained that the Ithaca Community Gardens wanted a permanent lease, and a 30-year lease was the minimum that they would negotiate. He referenced a New York State statute that affirms that this is a valid use of municipal land and can be offered at a discount vs. market rate. He further explained that there is a 20-year renewal that will automatically renew unless the City seeks to revoke the renewal in the years coming up on the renewal. Transferring those lands to the Community Gardens would have been problematic for both the Gardens and the City. 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 Failed 1-9 Main Motion: 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 WHEREAS, presently before Common Council is a proposal requesting that the City release its rights to the Tax Map Parcel 36.-1-3.4, which is described in a deed recorded on July 17, 1991 as Book 663, page 144 (“City Swap Parcel”), in exchange for the now-privately held parcel owned by CMC at Ithaca, Inc. (“CMC Swap Parcel”), and WHEREAS, also before Common Council is a proposal from Ithaca Community Gardens, Inc. (“ICG”) requesting that the City lease to ICG the City’s rights to the CMC Swap Parcel upon acquisition to continue the operation and maintenance of community gardens, and WHEREAS, the City Swap Parcel will facilitate CMC’s development of its site into a medical office building, 2 mixed-use commercial and multi-family buildings, and one affordable housing residential building, and the CMC Swap Parcel will afford the City and ICG with long-term security for the community gardens location, and WHEREAS, in consideration for the City’s release of the City Swap Parcel in exchange for deeded rights to the CMC Swap Parcel, the City and CMC have negotiated an agreement that CMC will pay the City $82,355.00, which the parties agree represents fair value for the differential in value between the Swap Parcels, and WHEREAS, General Municipal Law §96 affirms that a municipality’s holding of land for community gardening uses is a valid exercise of municipal powers, and it is generally agreed that community gardening is a valuable public benefit for City residents, and WHEREAS, the City is interested in entering into a 30-year lease for $1 per year with ICG in exchange for ICG’s continued commitment to provide affordable community garden plots, especially for City residents and low-income residents, and to remain responsible for all utilities, other amenities, and responsibilities associated with the site, and WHEREAS, the City Charter requires approval by three-fourths of the Common Council to authorize divestment or lease of real property; now, therefore ORDINANCE 2021 – BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows: Section 1. Legislative Intent and Purpose. The Common Council makes the following findings of fact: A. The consideration offered by CMC is adequate to release the City’s interests in the City Swap Parcel in exchange for the CMC Swap Parcel. B. The City affirms that community gardening is a valuable public benefit to the City. C. The City desires to continue providing its lands for community gardening purposes, as leased by ICG, and this land swap between the City and CMC affords long-term stability for community gardens within the City of Ithaca. Section 2. Approval and Execution of Deed. The Common Council authorizes and directs the Mayor, on the advice of the City Attorney, to execute such documents as necessary to affect the exchange of the City Swap Parcel for the CMC Swap Parcel including payment to the City of $82,355, and to affect the lease of lands to ICG under a lease substantially similar to the lease included herewith. Section 3. Effective Date. This ordinance shall take effect immediately upon publication as provided in the City Charter. INDIVIDUAL MEMBER FILED RESOLUTIONS: 6.1 Resolution in Support of the NY Health Act Alderperson Murtagh: Seconded by Alderperson Brock 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 WHEREAS, our current healthcare system leaves many New Yorkers underinsured or uninsured, and millions of New Yorkers, even those with commercial insurance plans, must ration healthcare because they cannot afford it, sometimes with devastating consequences; and WHEREAS, the United States spends twice as much on healthcare as any other country, yet we have worse outcomes when compared to other OECD countries, in terms of lower life expectancy, higher maternal and infant mortality, and shameful iniquities linked to race, gender, and income; and WHEREAS, the coronavirus pandemic has exposed the weakness in our healthcare system, triggering an economic downturn that caused millions of New Yorkers to lose their jobs and their health insurance, many of them low-income people of color who already faced many challenges in accessing healthcare due to financial and other barriers, even as health insurance companies make record profits; and WHEREAS, the New York Health Act will guarantee coverage to every resident providing the healthcare New Yorkers need, including vision, dental, hearing reproductive health, substance-use treatment, mental health and long-term care and support services; and WHEREAS, according to a study by the RAND Corporation1, the New York Health Act eliminates the wasteful spending business practices of private health insurance companies, so that 90% of New Yorkers will pay less than they do now for healthcare, even as access to care increases, and the same study showed that overall costs will be lower than in the current system, and WHEREAS, The New York Health Act will eliminate the burdensome paperwork and complexity associated with billing, allowing our doctors and nurses to focus on providing care, not fighting insurance companies; now, therefore, be it RESOLVED, That the Ithaca Common Council supports the passage of the New York Health Act and looks forward to a future healthcare system that prioritizes care as a matter of racial and economic justice, as well as improving the public health infrastructure to respond to this pandemic, and future public health threats to New York State, and, be it further RESOLVED, That a copy of this resolution be sent to Governor Andrew Cuomo, State Senator Thomas O’Mara, and Assembly Member Anna Kelles. 5.3 Motion to Enter into Executive Session to Discuss Acquisition of Real Estate By Alderperson Mohlenhoff: Seconded by Alderperson Smith 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 1 An Assessment of the New York Health Act: A Single-Payer Option for New York State” https://www.rand.org/pubs/research_reports/RR2424.html RESOLVED, That Common Council enter into Executive Session to discuss the acquisition of real estate. Reconvene: Common Council reconvened into Regular Session with no formal action taken. Adjournment: On a motion the meeting adjourned at 9:00 pm.