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.