HomeMy WebLinkAboutMN-CC-2021-06-02COMMON COUNCIL Voting Record
Date: Wednesday June 2nd 2021
Location: City Hall, 108 E. Green Street 3rd Floor, Council Chambers
Meeting Called to order: 6:00 P.M.
Meeting Adjourned: 8:10 P.M.
YouTube Link:
https://www.youtube.com/watch?v=rlTXsKDxAF8&list=PLfplo_VA57eoynrqxkGvi11vxHlwByjZw&index=
54
Attendance Record of Voting Members
Name Present (In Person) Remote Absent / Excused
Mayor- Svante Myrick X
1st Ward – Cynthia Brock X
1st Ward – George McGonigal X
2nd Ward – Joseph (Seph) Murtagh X
2nd Ward - Ducson Nguyen X
3rd Ward – Donna Fleming X
3rd Ward – Rob Gearhart X
4th Ward – Graham Kerslick X
4th Ward – Stephen Smith X
5th Ward – Deborah Mohlenhoff X
5th Ward – Laura Lewis X
Total voting members for this meeting 10
Call to Order:
1.1 Additions to or Deletions from the Agenda
YouTube Timestamp: 0:33
Discussion Summary: Alderperson Gearhart requested to add Resolution Cable
Access Committee Recommendations for 2022 Budget to the Agenda. Resolution being
added to Agenda Item 6.2 Member Filed. No Objections from Council
1.2 Proclamations/Awards
YouTube Timestamp: 1:09
Discussion Summary: Mayor Myrick honored former Chief of Staff Dan Cogan with a
Proclamation extending the City’s gratitude for his dedicated service on Common
Council and in the role of Chief of Staff. Chief of Staff Cogan made the organization,
and the City a better place to work, live, and play, and will be sorely missed.
Mayor Myrick proclaimed the week of June 14-18, 2021, Juneteenth Week in the City of
Ithaca. Tompkins County Legislator Leslyn McBean-Clairborne, on behalf of the
Committee, County, City, and those who have been working to make this history-
Juneteenth, Not just one day, but a celebration throughout the week, Graciously
accepts this Proclamation and thanked the Mayor and Council for Recognition. The City
and Staff and Council Members are invited to join the community for activities
throughout the week.
1.3 Special Presentations Before Council
Discussion Summary: No Presentations
1.4 Reports of Municipal Officials
YouTube Timestamp: 12:21
Discussion Summary: No Report
2.1 Petitions and Hearings of Persons before Council
YouTube Timestamp: 12:40
Discussion Summary: The following members of the Public Addressed Council
Mitchell Addy, Zach Winn- City of Ithaca- Ithaca Police Department, lack of police
presence.
2.2 Privilege of the Floor – Mayor and Council
YouTube Timestamp: 20:01
Discussion Summary: Mayor Myrick responded to comments made by Mr. Addy by
giving an explanation to low staffing levels and recognizing that response times are still
low; however, Officers are still able to get to the scene of calls very quickly and
reassuring the public Reimagining Safety is Not Defunding the Police Department, and
the Mayor does Support the Police Department.
Consent Agenda Items
3.1 Planning, Building & Economic Development – Request to Release funds from
Contingency to Fund 5G Design Guidelines Consultant Contract
3.2 Youth Bureau – Amendment to 2021 Budget
3.3 Planning, Building & Economic Development - Amendment to Personnel Roster
3.4 Attorney - Proposed resolution to authorize NYSEG Easement
3.5 Fire Department - Amendment to 2021 Operating Budget Fire Department
3.6 Approval of Outdoor Dining Alcohol Permits
YouTube Timestamp: 23:08
Moved By: Alderperson Mohlenhoff
Seconded By: Nguyen
Discussion Summary: No Active Discussion. McGonigal is Absent from the vote.
Vote Pass: 9-0 Unanimously
Member Approve Deny Abstain
Cynthia Brock X
George McGonigal
Joseph (Seph) Murtagh X
Ducson Nguyen X
Donna Fleming X
Rob Gearhart X
Graham Kerslick X
Stephen Smith X
Deborah Mohlenhoff X
Laura Lewis X
4.1 Finance – Controller’s Office – Request to Amend the 2021 Authorized budget
to Account for Additional State Aid
YouTube Timestamp: 23:31
Moved By: Alderperson Mohlenhoff
Seconded By: Alderperson Brock
Discussion Summary: No Active Discussion. Alderperson Mohlenhoff pointed out that
this Resolution is straightforward and good news. City Controller Thayer added this
allows for more flexibility as we move through the rest of 2021. Alderperson McGonigal
returned, present for vote.
Vote Pass: 10-0 Unanimously
Member Approve Deny Abstain
Cynthia Brock X
George McGonigal X
Joseph (Seph) Murtagh X
Ducson Nguyen X
Donna Fleming X
Rob Gearhart X
Graham Kerslick X
Stephen Smith X
Deborah Mohlenhoff X
Laura Lewis X
4.2 Fire Department - Amendment to Personnel Roster
YouTube Timestamp: 26:15
Moved By: Alderperson Mohlenhoff
Seconded By: Alderperson Gearhart
Discussion Summary: Alderperson pointed out that these positions were included in
the Budget originally until the pandemic hit. Fire Chief Parsons in attendance to take
questions and comments from Council. Fire Chief Parsons commented on anticipated
Retirements coming up this year (2021); there were also several retirements from this
year (2021) and last year (2020) they are recovering from.
Vote Pass: 10-0 Unanimously
Member All In Favor Opposed Abstain
Cynthia Brock X
George McGonigal X
Joseph (Seph) Murtagh X
Ducson Nguyen X
Donna Fleming X
Rob Gearhart X
Graham Kerslick X
Stephen Smith X
Deborah Mohlenhoff X
Laura Lewis X
4.3 IURA - Parking Agreements to Implement the Urban Renewal Project for the
East Section of the Green Street Garage
YouTube Timestamp: 31:47
Moved By: Alderperson Mohlenhoff
Seconded By: Alderperson Kerslick
Discussion Summary: Community Development Director Nels Bohn talked about the
number of designated parking spaces being reduced; designated hotel parking spaces
have been reduced from 90 to 55, the hotel found they do not utilize that many parking
spaces and would like to reduce the number from 90-55, this will allow more users to
use parking spaces that are no longer reserved for hotel or short-term parking. There is
a provision in the agreement that if they use more parking spaces than 55, the City will
be monitoring that use. Director Bohn gave thanks to the City Attorney’s Office for all of
their work on these complicated agreements.
Vote Pass: 10-0 Unanimously
Member All In Favor Opposed Abstain
Cynthia Brock X
George McGonigal X
Joseph (Seph) Murtagh X
Ducson Nguyen X
Donna Fleming X
Rob Gearhart X
Graham Kerslick X
Stephen Smith X
Deborah Mohlenhoff X
Laura Lewis X
4.4 A Local Law to Amend Local Law 2021-05 Entitled “City of Ithaca Room
Occupancy Tax
YouTube Timestamp: 36:43
Moved By: Alderperson Mohlenhoff
Seconded By: Alderperson Kerslick
Discussion Summary: Alderperson Mohlenhoff gave a brief explanation for this
amendment as it is to refine the definition of what was considered an exempt
organization. City Attorney Lavine briefly explained the objection of this law is to permit
tax-exempt room stays to be exempt from the Occupancy Room Tax. Discussion
continued with questions and comments from Council. Alderperson Fleming commented
to have voted against this Law but would like it to be implemented properly, and will
support it.
Vote Pass: Roll Call Vote 10-0 Unanimously
Member All In Favor Opposed Abstain
Cynthia Brock X
George McGonigal X
Joseph (Seph) Murtagh X
Ducson Nguyen X
Donna Fleming X
Rob Gearhart X
Graham Kerslick X
Stephen Smith X
Deborah Mohlenhoff X
Laura Lewis X
4.5 Resolution Establishing the Community Justice Center in Collaboration
Between the City of Ithaca and Tompkins Count
YouTube Timestamp: 41:24
Moved By: Alderperson Mohlenhoff
Seconded By: Alderperson Kerslick
Discussion Summary: Alderperson Mohlenhoff reminded council this is a collaboration
between the City and the County, the Language seems to work well for the City and
County, this was a very good collaborative effort and a lot of discussion on both sides.
Deanna Carrithers present to address questions and comments from Council.
Vote Pass: 10-0 Unanimously
Member All In Favor Opposed Abstain
Cynthia Brock X
George McGonigal X
Joseph (Seph) Murtagh X
Ducson Nguyen X
Donna Fleming X
Rob Gearhart X
Graham Kerslick X
Stephen Smith X
Deborah Mohlenhoff X
Laura Lewis X
4.6 Bond Resolution Giles Street Sidewalk Reconstruction
YouTube Timestamp: 57:10
Moved By: Alderperson Mohlenhoff
Seconded By: Alderperson Brock
Discussion Summary: No Discussion- Roll Call Vote
Vote Pass: 10-0 Unanimously
Member All In Favor Opposed Abstain
Cynthia Brock X
George McGonigal X
Joseph (Seph) Murtagh X
Ducson Nguyen X
Donna Fleming X
Rob Gearhart X
Graham Kerslick X
Stephen Smith X
Deborah Mohlenhoff X
Laura Lewis X
4.7 Bond Resolution – South Albany Street Bridge improvement over Six Mile
Creek
YouTube Timestamp: 58:23
Moved By: Alderperson Mohlenhoff
Seconded By: Alderperson Kerslick
Discussion Summary: No Discussion- Roll Call Vote
Vote Pass: 10-0 Unanimously
Member All In Favor Opposed Abstain
Cynthia Brock X
George McGonigal X
Joseph (Seph) Murtagh X
Ducson Nguyen X
Donna Fleming X
Rob Gearhart X
Graham Kerslick X
Stephen Smith X
Deborah Mohlenhoff X
Laura Lewis X
4.8 Bond Resolution – S. Cayuga Street Bridge
YouTube Timestamp: 59:33
Moved By: Alderperson Mohlenhoff
Seconded By: Alderperson Gearhart
Discussion Summary: No Discussion- Roll Call Vote
Vote Pass: 10-0 Unanimously
Member All In Favor Opposed Abstain
Cynthia Brock X
George McGonigal X
Joseph (Seph) Murtagh X
Ducson Nguyen X
Donna Fleming X
Rob Gearhart X
Graham Kerslick X
Stephen Smith X
Deborah Mohlenhoff X
Laura Lewis X
Report from Chair: Alderperson Mohlenhoff reported on the modifications made to
election law regarding referendum that requires legislation to be delivered to the Board
of Elections 3 months prior to the election which would have created a very tight
schedule. Will proceed with the City Manager initiative in 2022. Thanks to City Attorney
Lavine for his positive attitude on providing Council with options on how this initiative
could happen.
4.9 Report of the City Controller
YouTube Timestamp: 1:04:18
Discussion Summary: City Controller Thayer reported on the following: working on final
activity for 2020, auditors will be in soon to start the audit process for approval of audit
and September timeline; 2021 activity: sales tax collection- $4 million collected to date,
that is 1% less than 2020 figures. 2021 Budget for sales tax is approximately $13
Million-9 hundred Thousand, estimating a 4% increase from 2020 Collections, moving in
the right direction.
Parking revenues are off budget by $400,000, slow improvements in collections to date
green street, parking garage is closed, development project financing prices have been
locked in and demolishing should start in the next few weeks.
Building Permit revenues: Revenues were significantly increased in 2021, we have
collected $600,000 in permanent revenue to date.
Federal Stimulus Funds: We received details from Treasury Department in the form of a
151-page document that is being reviewed, this is an interim document that will have
minor adjustments. The City will receive a little over $16 million in the next two years of
American Rescue Act Funding, ½ this month ( June 2021) and ½ next May 2022;
Funds are restrictive in nature and need to be obligated by 2024 and spent by 2026,
Infrastructure improvements mainly in water, sewer and wastewater is where they are
focusing the activity, and some temporary operating deficits since Covid March of 2020.
Cannot use funds to replenish fund balance or pay for debt. Full documentation will be
sent to Council.
Planning & Economic Development Committee Items
5.1 2021 Action Plan: City of Ithaca HUD Entitlement Program
YouTube Timestamp: 1:11:42
Moved By: Alderperson Lewis
Seconded By: Alderperson Kerslick
Discussion Summary: Alderperson Murtagh recused himself; works for Catholic
Charities where some of the funding is going.
Vote Pass: 9-0 Unanimously (Murtaugh Recused)
Member All In Favor Opposed Abstain
Cynthia Brock X
George McGonigal X
Joseph (Seph) Murtagh
Ducson Nguyen X
Donna Fleming X
Rob Gearhart X
Graham Kerslick X
Stephen Smith X
Deborah Mohlenhoff X
Laura Lewis X
5.2 Proposed Planned Unit Development Application407 Cliff-Common Council
Conditional Approval – Resolution
YouTube Timestamp: 1:16:12
Moved By: Alderperson Murtagh
Seconded By: Alderperson Brock
Discussion Summary: Alderson Murtagh gave a summary, noted there was
discussion at the planning committee level, received positive feed/support from the
neighborhood other than one email received from a Cliff Street resident objecting to the
proposal. Discussions continued with questions and comments from Council. JoAnn
Cornish responded to questions and comments from Council.
Vote Pass: 10-0
Member All In Favor Opposed Abstain
Cynthia Brock X
George McGonigal X
Joseph (Seph) Murtagh X
Ducson Nguyen X
Donna Fleming X
Rob Gearhart X
Graham Kerslick X
Stephen Smith X
Deborah Mohlenhoff X
Laura Lewis X
5.3 A. Sale of Property Acquired Through Tax Foreclosure for Affordable
Housing, 109 Morris Avenue and 417 S. Aurora Street – Declaration of Lead
Agency
YouTube Timestamp: 1:28:04
Moved By: Alderperson Murtagh
Seconded By: Alderperson Lewis
Discussion Summary: No Active Discussion
Vote Pass: 10-0
Member All In Favor Opposed Abstain
Cynthia Brock X
George McGonigal X
Joseph (Seph)
Murtagh
X
Ducson Nguyen X
Donna Fleming X
Rob Gearhart X
Graham Kerslick X
Stephen Smith X
Deborah Mohlenhoff X
Laura Lewis X
5.3 B Sale of Property Acquired Through Tax Foreclosure for Affordable Housing,
109 Morris Avenue and 417 S. Aurora Street – Environmental Review- Negative
Declaration
YouTube Timestamp: 1:28:04
Moved By: Alderperson Murtagh
Seconded By: Alderperson Lewis
Discussion Summary: No Active Discussion
Vote Pass: 10-0
Member All In Favor Opposed Abstain
Cynthia Brock X
George McGonigal X
Joseph (Seph) Murtagh X
Ducson Nguyen X
Donna Fleming X
Rob Gearhart X
Graham Kerslick X
Stephen Smith X
Deborah Mohlenhoff X
Laura Lewis X
5.3 C Sale of Property Acquired Through Tax Foreclosure For Affordable
Housing, 109 Morris Avenue and 417 S. Aurora Street – Action
YouTube Timestamp: 1:28:04
Moved By: Alderperson Murtagh
Seconded By: Alderperson Lewis
Discussion Summary: Alderperson Brock does not support this Resolution, voiced
concerns over housing trust program and it’s long-term impact. Discussion continued
with comments from Council in Support of the Resolution.
Vote Pass: 8-1 (Alderperson McGonigal Absent from Vote)
Member All In Favor Opposed Abstain
Cynthia Brock X
George McGonigal
Joseph (Seph) Murtagh X
Ducson Nguyen X
Donna Fleming X
Rob Gearhart X
Graham Kerslick X
Stephen Smith X
Deborah Mohlenhoff X
Laura Lewis X
5.4 A Sale of Property Acquired Through Tax Foreclosure for Affordable Housing,
215 Cleveland Avenue – Declaration of Lead Agency
YouTube Timestamp: 1:36:58
Moved By: Alderperson Murtagh
Seconded By: Alderperson Fleming
Discussion Summary: No Active Discussion- Alderperson McGonigal returned,
present for vote.
Vote Pass: 10-0
Member All In Favor Opposed Abstain
Cynthia Brock X
George McGonigal X
Joseph (Seph) Murtagh X
Ducson Nguyen X
Donna Fleming X
Rob Gearhart X
Graham Kerslick X
Stephen Smith X
Deborah Mohlenhoff X
Laura Lewis X
5.4 B Sale of Property Acquired Through Tax Foreclosure for Affordable Housing,
215 Cleveland Avenue – Environmental Review- Negative Declaration
YouTube Timestamp: 1:37:30
Moved By: Alderperson Murtagh
Seconded By: Alderperson Smith
Discussion Summary: No Active Discussion
Vote Pass: 10-0
Member All In Favor Opposed Abstain
Cynthia Brock X
George McGonigal X
Joseph (Seph) Murtagh X
Ducson Nguyen X
Donna Fleming X
Rob Gearhart X
Graham Kerslick X
Stephen Smith X
Deborah Mohlenhoff X
Laura Lewis X
5.4 C Sale of Property Acquired Through Tax Foreclosure For Affordable
Housing, 215 Cleveland Avenue – Action
YouTube Timestamp: 1:38:19
Moved By: Alderperson Murtagh
Seconded By: Alderperson Lewis
Discussion Summary: Alderperson Murtagh did not read Resolution in its entirety,
read only the Last Resolve. Council raised questions regarding how much money is
owed on back taxes, Director Bohn responded to Council’s question estimating $17-20
Thousand between what’s owed to the City and County; Council raised a question in
regards to the purchase offer; Alderperson Brock expressed concerns and supports
Fee-Simple Homeownership.
Vote Pass: 9-1
Member All In Favor Opposed Abstain
Cynthia Brock X
George McGonigal X
Joseph (Seph) Murtagh X
Ducson Nguyen X
Donna Fleming X
Rob Gearhart X
Graham Kerslick X
Stephen Smith X
Deborah Mohlenhoff X
Laura Lewis X
5.5 2021 CDBG-CV Funding Allocations: City of Ithaca HUD Entitlement Program
YouTube Timestamp: 1:47:08
Moved By: Alderperson Murtagh
Seconded By: Alderperson Smith
Discussion Summary: Alderperson McGonigal Absent from vote. Left the meeting at
7:58pm. Anisa Mendizabal, IURA responded to questions and comments from Council,
provided some clarification, there are 4 Projects that are being recommended.
Vote Pass: 9-0
Member All In Favor Opposed Abstain
Cynthia Brock X
George McGonigal
Joseph (Seph) Murtagh X
Ducson Nguyen X
Donna Fleming X
Rob Gearhart X
Graham Kerslick X
Stephen Smith X
Deborah Mohlenhoff X
Laura Lewis X
INDIVIDUAL MEMBER FILED ITEMS
6.1 Resolution in Support of the City of Ithaca Creating the Finger Lakes Energy
Compact
YouTube Timestamp: 1:51:25
Moved By: Alderperson Nguyen
Seconded By: Alderperson Brock
Discussion Summary: Luis Aguirre-Torres in attendance to give an overview. No
questions or comments from Council. Mayor Myrick fully supports this Resolution- it will
open up a broader world of technical assistance and possibly financial resources.
Vote Pass: 9-0 (McGonigal Absent from Vote)
Member All In Favor Opposed Abstain
Cynthia Brock X
George McGonigal
Joseph (Seph) Murtagh X
Ducson Nguyen X
Donna Fleming X
Rob Gearhart X
Graham Kerslick X
Stephen Smith X
Deborah Mohlenhoff X
Laura Lewis X
6.2 Access Oversight Committee Recommendations for 2022 Budget
YouTube Timestamp: 1:54:31
Moved By: Alderperson Gearhart
Seconded By: Alderperson Smith
Discussion Summary: Council inquired about the use of recording equipment; pointed
out that it is difficult to find local meetings on local cable channels. Efforts are being
made to feed streaming meetings back into the cable system. The county is working
with some equipment that will help make that happen, if it is not in place, it will be
shortly.
Vote Pass: 9-0 (McGonigal Absent from Vote)
Member All In Favor Opposed Abstain
Cynthia Brock X
George McGonigal
Joseph (Seph) Murtagh X
Ducson Nguyen X
Donna Fleming X
Rob Gearhart X
Graham Kerslick X
Stephen Smith X
Deborah Mohlenhoff X
Laura Lewis X
Reports from Council and Staff
7.1 Reports of Special Committees
7.2 Reports of Common Council Liaisons
7.3 Report of City Clerk- No Report
7.4 Report of City Attorney-No Report
YouTube Timestamp: 2:01:11
Discussion Summary: Alderperson Lewis reported on Economic Development
Committee of IURA will be meeting on June 8th at 3:30pm with an opportunity for Public
Comment on the Inlet Island Proposal, Public Hearing scheduled for the June 24th
IURA; Inlet Proposal will then move to the July PEDC Public Hearing, then possible
August Common Council
Alderperson Brock reported on Cayuga Lake Intermunicipal Watershed
Alderperson Gearhart discussed Special Events Committee, not much activity in the last
year. Expecting more event activity in community. Need to think about how we can
support special events especially large gatherings given all the NYS regulations and
current Public Health Guidelines.
Meeting Adjourned
YouTube Timestamp: 2:10:20
Moved By: Alderperson Smith
Seconded By: Alderperson Lewis
Carried Unanimously
CONSENT AGENDA:
CITY ADMINISTRATION COMMITTEE:
3.1 Planning, Building & Economic Development – Request to Release funds from
Contingency to Fund 5G Design Guidelines Consultant Contract
WHEREAS, as part of the 2021 authorized City Budget, $8,000 was placed in restricted
contingency for the purpose of hiring a consultant for the 5G Design Guidelines related to the
review and amendment of the City’s existing ordinance, and
WHEREAS, Campanelli & Associates, P.C. was hired for the requested design guidelines
consultant contractor; now, therefore be it
RESOLVED, That Common Council hereby transfer an amount not to exceed $8,000 from
the Restricted Contingency Account A1990 to Account A8020-5435 Planning contracts, for
the purpose of accounting for the hiring and payment of Campanelli & Associates, P.C. for
the consultant services related to the 5G Design Guidelines.
Carried Unanimously
3.2 Youth Bureau – Amendment to 2021 Budget
WHEREAS, the Youth Bureau summer day camps provide childcare options for families with
children between the ages of 5 – 12 years, and
WHEREAS, the Youth Bureau has received a grant in the amount of $9,000 to assist with
meeting various requirements that will make them eligible to receive day care subsidies from
NYS, and
WHEREAS, these funds will help children from low-income families afford summer camp at
Cass and Stewart Park for the whole summer season; now, therefore, be it
RESOLVED, That the 2021 Youth Bureau Budget shall be amended as follows:
Increase Expenses:
A7310-5460-01562 $4,500
A7310-5460-01564 $4,500
Total $9,000
Increase Revenues:
A7310-2070-01562 Donations $4,500
A7310-2070-01564 Donations $4,500
Total $9,000
Carried Unanimously
3.3 Planning, Building & Economic Development - Amendment to Personnel Roster
WHEREAS, the Planning Department is preparing for the upcoming retirement of the Zoning
Administrator, and
WHEREAS, as part of the Planning Department’s succession plan, the Zoning Administrator
has begun training and transferring duties to another staff member to allow for the smooth
transition of responsibilities upon the Zoning Administrator’s retirement, and
WHEREAS, the second staff member has assumed enough of the Zoning Administrator’s
responsibilities that it is appropriate to create an overlapping Zoning Administrator position to
recognize and compensate the second staff member for the level of work that is being
performed; now, therefore, be it
RESOLVED, That the Personnel Roster for the Department of Planning and Development be
amended as follows:
Add: One (1) Zoning Administrator (40 hours)
Delete: One (1) Senior Planner (40 hours)
and, be it further
RESOLVED, That upon the retirement of the current Zoning Administrator, the overlapping
Zoning Administrator position shall be automatically abolished, and, be it further
RESOLVED, That funding for this roster change shall be derived from existing funds within
the Department of Planning and Development’s budget.
Carried Unanimously
3.4 Attorney - Proposed resolution to authorize NYSEG Easement
WHEREAS, as part of the watershed, the City of Ithaca owns certain lands located at 1529
Slaterville Road, Ithaca, NY 14850, and part of the tax map parcel 55.-1-1, and
WHEREAS, NYSEG has requested a transmission easement across such lands for the
purposes of its project to rebuild the 115kV electric transmission line in Dryden and Ithaca in
exchange for $10,844.00, and
WHEREAS, NYSEG agrees to allow the City continued access to the City reservoir and the
City’s reservation of rights to establish a trail connection to the South Hill Recreation Way
within the easement area; now, therefore be it
RESOLVED, That Common Council grants the permanent easement requested by NYSEG
and authorizes and directs the Mayor to sign the necessary documents.
Carried Unanimously
3.5 Fire Department - Amendment to 2021 Operating Budget Fire Department
WHEREAS, $10,000 was authorized in the 2020 budget for Mobile Data Terminal
replacement, and
WHEREAS, $24,184 was authorized in the 2020 budget for Fire Hose, Portable Radios, and
Pagers, and
WHEREAS, the replacement of Mobile Data Terminals, Fire Hose, Portable Radios, and
Pagers, is part of a multi-year replacement plan, and
WHEREAS, in 2020, $34,184 in budgeted funds were not expended due to the City
Controller's purchasing freeze caused by the COVID-19 Pandemic, and
WHEREAS, funding was not included in the 2021 operating budget to offset the elimination of
the 2020 budgeted replacement of Mobile Data Terminals, Radios, Pagers, and Fire Hose;
now, therefore, be it
RESOLVED, That the following 2021 budget accounts be amended:
Increase Accounts:
A3410-5210 Office Equipment $10,000
A3410-5225 Other Equipment $24,184
and, be it further
RESOLVED, That Common Council hereby transfers an amount not to exceed $34,184 from
Unrestricted Contingency Account A1990-5000 to the above listed accounts to purchase said
equipment.
Carried Unanimously
3.6 Approval of Outdoor Dining Alcohol Permits
WHEREAS, Collegetown Bagels and the Greenhouse Café have requested
permission to utilize certain areas along the Primary and Secondary Commons and
sidewalks in the downtown core for outdoor dining, and
WHEREAS, it is Common Council's responsibility to determine whether or not to allow
the serving and consumption of alcohol on City property, and
WHEREAS, Common Council has determined that the use of public property for
outdoor dining and special events including the responsible sale and consumption of
alcohol, plays an important role in the vibrancy of the downtown business district, and
WHEREAS, Common Council has determined that any use of this or similar public
property involving the sale and consumption of alcohol should be covered by a
minimum of $1,000,000 insurance under the Dram Shop Act; now, therefore be it
RESOLVED, For the year 2021, Common Council hereby approves revocable
alcoholic beverage permits for the outdoor sale and consumption of alcohol in accord
with the terms and conditions set forth in their applications, including minimum Dram
Shop coverage in the amount of $1,000,000 and the approval of an outdoor dining
permit for Collegetown Bagels and the Greenhouse Café.
Carried Unanimously
CITY ADMINISTRATION COMMITTEE ITEMS:
4.1 Finance – Controller’s Office – Request to Amend the 2021 Authorized budget to
Account for Additional State Aid
WHEREAS, the 2021 Authorized City Budget included $2,088,318 for State Aid and
Incentives for Municipalities (AIM) based on the New York State’s budget at the time, and
WHEREAS, as the COVID-19 pandemic financial impacts have been reduced due to Federal
aid infusion and better financial activity, and
WHEREAS, New York State has now approved a budget for 2021-2022 that includes the
normal AIM payments, meaning the City will see $2,610,398 in AIM payments for 2021, or an
additional $522,080 in State aid, and
WHEREAS, the additional funds will be placed into Unrestricted Contingency until we
determine the future allocations of the funds; now, therefore be it
RESOLVED, That Common Council hereby amends the 2021 Authorized City Budget to
account for the additional State Aid as follows:
Increase Revenue
Account A0001-3001 General State Aid $522,080
Increase Appropriation
Account A1990-5000 Contingency $522,080
Carried Unanimously
4.2 Fire Department - Amendment to Personnel Roster
WHEREAS, the two Firefighter positions and one Deputy Fire Chief position were funded in
the 2020 budget but not filled due to a hiring freeze caused by the fiscal impact of the
COVID-19 Pandemic, and
WHEREAS, two Firefighter positions and one Deputy Fire Chief position were not funded in
the 2021 budget due to the fiscal impact of the COVID-19 Pandemic on the City of Ithaca
budget, and
WHEREAS, the reduced number for firefighter position causes increases in overtime
expenditures when there are retirements, extended sick and family leave, military
deployments, and injuries, and
WHEREAS, the Fire Department does not have a Deputy Chief as part of management to
lead the department in the absence of the Fire Chief, and
WHEREAS, the Fire Department requests an amendment to the 2021 Roster for the funding
of two Firefighter positions and one Deputy Fire Chief position on July 1, 2021; now,
therefore, be it
RESOLVED, That the Personnel Roster of the Ithaca Fire Department shall be amended
effective July 1, 2021, as follows:
Fund: One (1) Deputy Fire Chief Position
Fund: Two (2) Firefighter Positions
and, be it further
RESOLVED, That the following 2021 budget accounts shall be amended as follows
Increase Accounts:
A3410-0105 Administrative Salaries $58,000
A3410-0110 Staff Salaries $44,811
A3410-9015 Police and Fire Retirement $20,357
A3410-9030 FICA/Med $7,865
A3410-9040 Worker’s Comp $3,401
A3410-9060 Hospital and Medical Insurance $53,000
Total $187,434
and, be it further
RESOLVED, That Common Council hereby transfers an amount not to exceed $187,434
from the Unrestricted Contingency Account A1990-5000 to the above listed accounts to add
said positions.
Carried Unanimously
4.3 IURA - Parking Agreements to Implement the Urban Renewal Project for the East
Section of the Green Street Garage
WHEREAS, on January 6, 2021, the City of Ithaca Common Council approved the
Disposition and Development Agreement (DDA) with Ithaca Properties, LLC (Developer) for
the East section of the Green Street Garage Mixed-Use Urban Renewal Project (Project),
and
WHEREAS, execution of the following two parking agreements is necessary prior to IURA
conveyance of the air rights parcel to the Developer:
• Green Garage Hotel Parking Agreement
• City Parking Lease Agreement - East Section of Green Street Garage, and
WHEREAS, the Project includes construction of two decks of parking to be leased to the City
of Ithaca integrated into a larger mixed-use building located adjacent to the Marriott Hotel,
and
WHEREAS, Developer purchase of the City air rights parcel at the eastern section of the
Green Street Garage requires the owner of the Marriott hotel, Hotel Ithaca, LLC, to relinquish
their rights to purchase the air rights parcel, and
WHEREAS, the proposed Green Garage Hotel Parking Agreement between the City and
Hotel Ithaca, LLC renegotiates and replaces the existing 2014 Hotel Parking Agreement for
Marriott hotel guest parking, including relinquishment of the purchase option on the City air
rights parcel, and
WHEREAS, the proposed Green Garage Hotel Parking Agreement reduces the number of
parking spaces allocated for hotel guests from 90 to 55 spaces and extends the duration that
the City commits to make available hotel guest parking in the Green Street parking garage or
downtown public parking facilities, and
WHEREAS, the hotel will continue to pay the prevailing parking rate for spaces allocated
under the parking agreement, and
WHEREAS, a proposed 30-year City parking lease with two 10-year optional renewal terms
has been negotiated by City representatives with the Developer, and
WHEREAS, the leased parking premises will replace two decks of structurally deficient
parking located in the eastern section of the Green Street parking garage with newly
constructed parking, and
WHEREAS, rent during the initial 30-year term is structured to cover the actual construction
cost without profit to the Developer, and
WHEREAS, rent during renewal terms is based on amortizing City-approved, new capital
improvements of the lease premises, and
WHEREAS, on August 25, 2020, the City of Ithaca Planning & Development Board, acting as
Lead Agency, determined that the Project – a 12-story mixed-use building, including parking
to be leased to the City, will result in no significant adverse impacts on the environment; now,
therefore, be it
RESOLVED, That the City of Ithaca Common Council hereby authorizes the Mayor, subject
to City Attorney review, to execute documents substantially similar to the following
agreements, and such other documents as necessary to effectuate the same, to satisfy
contingencies contained in the Disposition and Development Agreement for IURA sale of the
air rights parcel at the east section of the Green Street garage for redevelopment:
• Green Garage Hotel Parking Agreement, dated May 19, 2021, between the City of
Ithaca, Hotel Ithaca, LLC, and Ithaca Properties, LLC; and
• City Parking Lease Agreement - East Section of Green Street Garage, dated May 19,
2021, between City of Ithaca and Hotel Ithaca, LLC, or its authorized assignee.
Carried Unanimously
4.4 A Local Law to Amend Local Law 2021-05 Entitled “City of Ithaca Room
Occupancy Tax”
WHEREAS, pursuant to the authority vested in the City by the State legislature in Tax Law
1202-GG, on February 3, 2021, Common Council adopted local law 2021-05 establishing the
City of Ithaca Room Occupancy Tax, and
WHEREAS, hotel obligations under this local law began April 1, 2021, and the City has
identified necessary amendments to the local law; now, be it
Local Law No. 2021 -
BE IT ENACTED by the Common Council of the City of Ithaca as follows:
Section 1. Legislative Findings, Intent, and Purpose.
Pursuant to Tax Law 1202-gg, the City of Ithaca is authorized to adopt a local law relating to
the implementation and assessment of tax on persons occupying hotel or motel rooms in
such city.
The Common Council makes the following findings of fact:
A. The assessment of a City hotel tax will support the construction and operation
of the conference center.
B. Pursuant to the state enabling legislation, the City is authorized to charge up to
5% ad valorem tax on overnight accommodations. Such funds are earmarked
for the conference center, with allowances for the City to retain up to 4% of
such revenue for administration of the local law.
C. Staff recommend the amendment set forth in this local law.
D. The Common Council finds that the amendment is necessary to the fiscal
operations of the conference center.
Section 2. Code Amendment
City Code Section 105-4 (C) entitled “Exempt organizations” is hereby replaced in its entirety
by the following:
“C. Any corporation, association, trust or community chest, fund or foundation, organized and
operated exclusively for religious, charitable or education purposes or for the prevention of
cruelty to children or animals, and no part of the net earnings of which inures to the benefit of
any private shareholder or individual and no substantial part of the activities of which is
carrying on propaganda or otherwise attempting to influence legislation; provided, however,
that nothing in this subsection shall include an organization operated for the primary purpose
of carrying on a trade or business for profit, whether or not all of its profits are payable to one
or more organizations described in this subsection.”
Section 3. Severability Clause.
Severability is intended throughout and within the provisions of this Local Law. If any section,
subsection, sentence, clause, phrase, or portion of this Local Law is held to be invalid or
unconstitutional by a court of competent jurisdiction, then that decision shall not affect the
validity of the remaining portions of this Local Law, except as otherwise provided in Section 3
and Section 4(D).
Section 4. Effective Date.
This Local Law shall take effect upon filing in the office of the Secretary of State, and
pursuant to the requirements of enabling legislation, this local law shall be in effect for three
years from the effective date of its enactment. Upon expiration of this local law, another local
law may be enacted to take its place.
Roll Call Vote:
Brock-Aye Nguyen- Aye
McGonigal- Aye Fleming- Aye
Murtagh- Aye Gearhart-Aye
Kerslick-Aye Smith-Aye
Mohlenhoff-Aye Lewis-Aye
Carried Unanimously
4.5 Resolution Establishing the Community Justice Center in Collaboration Between
the City of Ithaca and Tompkins County
WHEREAS, the New York State Governor issued Executive Order 203, calling upon local
governments that operate police agencies to study their current operations and develop a
plan to address “the particular needs of the communities served by such police agency and
promote community engagement to foster trust, fairness, and legitimacy, and to address any
racial bias and disproportionate policing of communities of color”, and
WHEREAS, the City of Ithaca and Tompkins County have, by concurrent resolutions,
submitted plans in response to the Executive Order, which contain both separate and joint
undertakings for changes in community policing practices, and
WHEREAS, in those resolutions, the City of Ithaca and Tompkins County recognize the need
to determine next steps to develop the programmatic expression of the joint elements of their
adopted plans, being a long term process to make substantive improvements in our criminal
justice system, recognizing that implementation will require time, resources, investigation,
and commitment, including the determination of budget priorities, cost share, and the logistics
necessary for cooperation and collaboration between the City of Ithaca and Tompkins County
on the joint elements of their respective plans, and
WHEREAS, the City of Ithaca and Tompkins County, as a conclusion to the Reimagining
Public Safety Collaborative, received a Draft Report entitled “Public Safety Reimagined.
Recommendations report following a collaborative effort between the City of Ithaca &
Tompkins County, N.Y.,” which has served as an information resource for the respective
plans prepared by the City of Ithaca and Tompkins County, and
WHEREAS, the Draft Report proposed the creation of a Community Justice Center as a
jointly funded City/County collaborative department to: determine implementation priorities;
develop budget impacts for the implementation of plan elements; manage the implementation
of the joint plan elements as approved by the City of Ithaca and Tompkins County; receive,
manage, and analyze data; provide coordination of the operation of the policing systems in
our community; and provide reports to the City and County regarding the progress in
implementing these changes, and
WHEREAS, the City of Ithaca and Tompkins County have each determined that the creation
and operation of a Community Justice Center is necessary to implement their respective
plans, and
WHEREAS, the City and County held discussions to determine the operational description,
budget, and cost share for a Community Justice Center, with those details outlined in a joint
memo; now, therefore be it
RESOLVED, That Common Council approves the creation of the Community Justice Center
as a collaborative department between the City of Ithaca and Tompkins County, and, be it
further
RESOLVED, That Common Council commits to funding its share of the Community Justice
Center in an amount not to exceed $124,430, with the source of funds to be derived from the
Unrestricted Contingency Fund, and, be it further
RESOLVED, That Common Council hereby transfers an amount not to exceed $124,430
form the Unrestricted Contingency Account A1990 to A1210-5435 Mayor Contracts, for the
purpose of accounting for the City’s funding share of the Community Justice Center, and, be
it further
RESOLVED, That Common Council will receive regular reports regarding the establishment
of the Community Justice Center, and any additional budgetary requirements for
implementation of the undertakings identified in the Reimagining Public Safety Plan and shall
consider this information prior to any further expenditure being made.
Carried Unanimously
4.6 Finance – A Resolution Authorizing the Issuance of $800,000 Bonds of the City of
Ithaca, Tompkins County, New York, to Pay the Cost of the Reconstruction of
Sidewalks on Giles Street, in and for said City.
WHEREAS, the capital project hereinafter described, as proposed, has been determined to
be a Type II Action pursuant to the regulations of the New York State Department of
Environmental Conservation promulgated pursuant to the State Environmental Quality
Review Act, which regulations state that Type II Actions will not have a significant adverse
effect on the environment; and
WHEREAS, it is now desired to authorize bonds for the financing thereof; now, therefore, be
it
RESOLVED, by the affirmative vote of not less than two-thirds of the total voting
strength of the Common Council of the City of Ithaca, Tompkins County, New York, as
follows:
Section 1. For the specific object or purpose of paying the cost of the reconstruction
of sidewalks on Giles Street, in and for the City of Ithaca, Tompkins County, New York,
including incidental expenses in connection therewith, there are hereby authorized to be
issued $800,000 bonds pursuant to the provisions of the Local Finance Law.
Section 2. It is hereby determined that the maximum estimated of the aforesaid
specific object or purpose is hereby determined to be $800,000, which specific object or
purpose is hereby authorized at said maximum estimated cost, and the plan for the financing
thereof is by the issuance of the $800,000 bonds of said City authorized to be issued
pursuant to this bond resolution; provided, however, that to the extent that any Federal or
State grants-in-aid are received for such specific object or purpose, the amount of bonds to
be issued pursuant to this resolution shall be reduced dollar-for-dollar.
Section 3. It is hereby further determined that the period of probable usefulness of
the aforesaid specific object or purpose is ten years, pursuant to subdivision 24 of paragraph
(a) of Section 11.00 of the Local Finance Law.
Section 4. The faith and credit of said City of Ithaca, Tompkins County, New York,
are hereby irrevocably pledged for the payment of the principal of and interest on such
obligations as the same respectively become due and payable. An annual appropriation
shall be made in each year sufficient to pay the principal of and interest on such obligations
becoming due and payable in such year. There shall annually be levied on all the taxable
real property of said City, a tax sufficient to pay the principal of and interest on such
obligations as the same become due and payable.
Section 5. Subject to the provisions of the Local Finance Law, the power to
authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance
and sale of the bonds herein authorized, including renewals of such notes, is hereby
delegated to the City Controller, the chief fiscal officer. Such notes shall be of such terms,
form and contents, and shall be sold in such manner, as may be prescribed by said
City Controller, consistent with the provisions of the Local Finance Law.
Section 6. The powers and duties of advertising such bonds for sale, conducting
the sale and awarding the bonds, are hereby delegated to the City Controller, who shall
advertise such bonds for sale, conduct the sale, and award the bonds in such manner as he
shall deem best for the interests of the City; provided, however, that in the exercise of these
delegated powers, he shall comply fully with the provisions of the Local Finance Law and any
order or rule of the State Comptroller applicable to the sale of municipal bonds. The receipt
of the City Controller shall be a full acquittance to the purchaser of such bonds, who shall not
be obliged to see to the application of the purchase money.
Section 7. All other matters, except as provided herein relating to such bonds,
including determining whether to issue such bonds having substantially level or declining
debt service and all matters related thereto, prescribing whether manual or facsimile
signatures shall appear on said bonds, prescribing the method for the recording of ownership
of said bonds, appointing the fiscal agent or agents for said bonds, providing for the printing
and delivery of said bonds (and if said bonds are to be executed in the name of the City by
the facsimile signature of the City Controller, providing for the manual countersignature of a
fiscal agent or of a designated official of the City), the date, denominations, maturities and
interest payment dates, place or places of payment, and also including the consolidation with
other issues, shall be determined by the City Controller. It is hereby determined that it is to
the financial advantage of the City not to impose and collect from registered owners of such
serial bonds any charges for mailing, shipping and insuring bonds transferred or exchanged
by the fiscal agent, and, accordingly, pursuant to paragraph c of Section 70.00 of the Local
Finance Law, no such charges shall be so collected by the fiscal agent. Such bonds shall
contain substantially the recital of validity clause provided for in section 52.00 of the Local
Finance Law and shall otherwise be in such form and contain such recitals in addition to
those required by section 52.00 of the Local Finance Law, as the City Controller shall
determine.
Section 8. The validity of such bonds and bond anticipation notes may be contested
only if:
1) Such obligations are authorized for an object or purpose for which said City is
not authorized to expend money, or
2) The provisions of law which should be complied with at the date of publication
of this resolution are not substantially complied with,
and an action, suit or proceeding contesting such validity is commenced within twenty days
after the date of such publication, or
3) Such obligations are authorized in violation of the provisions of the Constitution.
Section 9. This resolution shall constitute a statement of official intent for purposes
of Treasury Regulations Section 1.150-2. Other than as specified in this resolution, no
monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or
otherwise set aside with respect to the permanent funding of the object or purpose described
herein.
Section 10. This resolution, which takes effect immediately, shall be published in full
or summary form in the Ithaca Journal, the official newspaper, together with a notice of the
City Clerk in substantially the form provided in Section 81.00 of the Local Finance Law.
Roll Call
Brock-Aye McGonigal-Aye
Murtagh-Aye Nguyen- Aye
Fleming- Aye Gearhart- Aye
Kerslick-Aye Smith-Aye
Mohlenhoff-Aye Lewis-Aye
Carried Unanimously
4.7 Finance - A Resolution Authorizing the Issuance of an Additional $210,000 Bonds
of the City of Ithaca, Tompkins County, New York to Pay Part of the Cost of the
Planning and Design Costs for the South Albany Street Bridge improvement over Six
Mile Creek, in and for said City
WHEREAS, by a bond resolution heretofore adopted, being a bond resolution dated June 3,
2020, the Common Council of the City of Ithaca, Tompkins County, New York, authorized the
issuance of $155,000 bonds of said City to pay the cost of the planning and design costs for
the South Albany Street Bridge improvement over Six Mile Creek, for said City, and
determined that the period of probable usefulness thereof was five years, and
WHEREAS, the capital project hereinafter described, as proposed, has been determined to
be a Type II Action pursuant to the regulations of the New York State Department of
Environmental Conservation promulgated pursuant to the State Environmental Quality
Review Act, which regulations state that Type II Actions will not have a significant adverse
impact on the environment, and
WHEREAS, it is now desired to authorize additional bonds for the financing thereof; now,
therefore be it
RESOLVED, by the affirmative vote of not less than two-thirds of the total voting
strength of the Common Council of the City of Ithaca, Tompkins County, New York, as
follows:
Section 1. For the specific object or purpose of paying part of the cost of the planning and
design costs for the South Albany Street Bridge improvement over Six Mile Creek, for the
City of Ithaca, Tompkins County, New York, including incidental expenses in connection
therewith, there are hereby authorized to be issued an additional $210,000 bonds pursuant to
the provisions of the Local Finance Law, which specific object or purpose is hereby
authorized at the new maximum estimated cost of $365,000.
Section 2. The plan for the financing of such $365,000 maximum estimated cost is as
follows:
a) By the issuance of the $155,000 bonds of said City heretofore authorized to be issued
therefor pursuant to a bond resolution dated June 3, 2020;
b) By the issuance of the additional $210,000 bonds of said City herein authorized.
Provided, however, that the amount of obligations ultimately to be issued will be reduced by
any State and/or Federal grants-in-aid to be received by said City for said purpose.
Section 3. It is hereby determined that the period of probable usefulness of the aforesaid
specific object or purpose is 5 years, pursuant to subdivision 62(2nd) of paragraph a of
Section 11.00 of the Local Finance Law, computed from the date of the first obligations
issued therefor.
Section 4. The faith and credit of said City of Ithaca, Tompkins County, New York, are
hereby irrevocably pledged for the payment of the principal of and interest on such
obligations as the same respectively become due and payable. An annual appropriation
shall be made in each year sufficient to pay the principal of and interest on such obligations
becoming due and payable in such year. There shall annually be levied on all the taxable
real property of said City, a tax sufficient to pay the principal of and interest on such
obligations as the same become due and payable.
Section 5. Subject to the provisions of the Local Finance Law, the power to authorize the
issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the
bonds herein authorized, including renewals of such notes, is hereby delegated to the City
Controller, the chief fiscal officer. Such notes shall be of such terms, form and contents, and
shall be sold in such manner, as may be prescribed by said City Controller, consistent with
the provisions of the Local Finance Law.
Section 6. The powers and duties of advertising such bonds for sale, conducting the sale
and awarding the bonds, are hereby delegated to the City Controller, who shall advertise
such bonds for sale, conduct the sale, and award the bonds in such manner as he shall
deem best for the interests of the City; provided, however, that in the exercise of these
delegated powers, he shall comply fully with the provisions of the Local Finance Law and any
order or rule of the State Comptroller applicable to the sale of municipal bonds. The receipt
of the City Controller shall be a full acquittance to the purchaser of such bonds, who shall not
be obliged to see to the application of the purchase money.
Section 7. All other matters, except as provided herein relating to such bonds, including
determining whether to issue such bonds having substantially level or declining debt service
and all matters related thereto, prescribing whether manual or facsimile signatures shall
appear on said bonds, prescribing the method for the recording of ownership of said bonds,
appointing the fiscal agent or agents for said bonds, providing for the printing and delivery of
said bonds (and if said bonds are to be executed in the name of the City by the facsimile
signature of the City Controller, providing for the manual countersignature of a fiscal agent or
of a designated official of the City), the date, denominations, maturities and interest payment
dates, place or places of payment, and also including the consolidation with other issues,
shall be determined by the City Controller. It is hereby determined that it is to the financial
advantage of the City not to impose and collect from registered owners of such serial bonds
any charges for mailing, shipping and insuring bonds transferred or exchanged by the fiscal
agent, and, accordingly, pursuant to paragraph c of Section 70.00 of the Local Finance Law,
no such charges shall be so collected by the fiscal agent. Such bonds shall contain
substantially the recital of validity clause provided for in section 52.00 of the Local Finance
Law and shall otherwise be in such form and contain such recitals in addition to those
required by section 52.00 of the Local Finance Law, as the City Controller shall determine.
Section 8. The validity of such bonds and bond anticipation notes may be contested only
if:
1) Such obligations are authorized for an object or purpose for which said City is not
authorized to expend money, or
2) The provisions of law which should be complied with at the date of publication of this
resolution are not substantially complied with,
and an action, suit or proceeding contesting such validity is commenced within twenty days
after the date of such publication, or
3) Such obligations are authorized in violation of the provisions of the Constitution.
Section 9. This resolution shall constitute a statement of official intent for purposes of
Treasury Regulations Section 1.150-2. Other than as specified in this resolution, no monies
are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise
set aside with respect to the permanent funding of the object or purpose described herein.
Section 10. This resolution, which takes effect immediately, shall be published in full or
summary form in the Ithaca Journal, the official newspaper, together with a notice of the City
Clerk in substantially the form provided in Section 81.00 of the Local Finance Law.
Roll Call
Brock-Aye McGonigal-Aye
Murtagh-Aye Nguyen- Aye
Fleming- Aye Gearhart- Aye
Kerslick-Aye Smith-Aye
Mohlenhoff-Aye Lewis-Aye
Carried Unanimously
4.8 Finance - A Resolution Authorizing the Issuance of an Additional $1,680,000 Bonds
of the City of Ithaca, Tompkins County, New York, to Pay Part of the Costs for the
South Cayuga Street Bridge Deck Replacement, in and for said City
WHEREAS, all conditions precedent to the financing of the capital project hereinafter
described, including compliance with the provisions of the State Environmental Quality
Review Act, have been performed, and
WHEREAS, it is now desired to authorize additional bonds for the financing thereof; now,
therefore, be it
RESOLVED, by the affirmative vote of not less than two-thirds of the total voting
strength of the Common Council of the City of Ithaca, Tompkins County, New York, as
follows:
Section 1. For the specific object or purpose of paying part of the cost of the South
Cayuga Street Bridge Deck Replacement over Six Mile Creek, in and for the City of Ithaca,
Tompkins County, New York, there are hereby authorized to be issued an additional
$1,680,000 bonds pursuant to the provisions of the Local Finance Law. Said specific object
or purpose is hereby authorized at the new maximum estimated cost of $2,070,000.
Section 2. The plan for the financing of such $2,070,000 maximum estimated cost is as
follows:
a) By the issuance of the $180,000 bonds of said City heretofore authorized to be
issued for planning and design therefor pursuant to a bond resolution dated
January 3, 2018;
b) By the issuance of the additional $210,000 bonds of said City authorized pursuant
to a bond resolution dated June 6, 2018; and
c) By the issuance of the additional $1,680,000 bonds of said City herein authorized;
provided, however, that the amount of obligations ultimately to be issued will be reduced by
any State and/or Federal grants-in-aid to be received by said City for said purpose.
Section 3. It is hereby determined that the period of probable usefulness of the aforesaid
specific object or purpose is 20 years, pursuant to subdivision 10 of paragraph a of Section
11.00 of the Local Finance Law, computed from the date of the first bond anticipation note
issued therefor. It is hereby further determined that the period of probable usefulness for the
objects or purposes authorized by bond resolutions dated January 3, 2018 and June 6, 2018
is now determined to be 20 years pursuant to subdivision 10 of paragraph a of Section 11.00
of the Local Finance Law.
Section 4. The faith and credit of said City of Ithaca, Tompkins County, New York, are
hereby irrevocably pledged for the payment of the principal of and interest on such
obligations as the same respectively become due and payable. An annual appropriation
shall be made in each year sufficient to pay the principal of and interest on such obligations
becoming due and payable in such year. There shall annually be levied on all the taxable
real property of said City, a tax sufficient to pay the principal of and interest on such
obligations as the same become due and payable.
Section 5. Subject to the provisions of the Local Finance Law, the power to authorize the
issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the
bonds herein authorized, including renewals of such notes, is hereby delegated to the City
Controller, the chief fiscal officer. Such notes shall be of such terms, form and contents, and
shall be sold in such manner, as may be prescribed by said City Controller, consistent with
the provisions of the Local Finance Law.
Section 6. Such bonds shall be in fully registered form and shall be signed in the name of
the City of Ithaca, Tompkins County, New York, by the manual or facsimile signature of the
City Controller and a facsimile of its corporate seal shall be imprinted or impressed thereon
and may be attested by the manual or facsimile signature of the City Clerk.
Section 7. All other matters, except as provided herein relating to such bonds, including
determining whether to issue such bonds having substantially level or declining debt service
and all matters related thereto, prescribing whether manual or facsimile signatures shall
appear on said bonds, prescribing the method for the recording of ownership of said bonds,
appointing the fiscal agent or agents for said bonds, providing for the printing and delivery of
said bonds (and if said bonds are to be executed in the name of the City by the facsimile
signature of the City Controller, providing for the manual countersignature of a fiscal agent or
of a designated official of the City), the date, denominations, maturities and interest payment
dates, place or places of payment, and also including the consolidation with other issues,
shall be determined by the City Controller. It is hereby determined that it is to the financial
advantage of the City not to impose and collect from registered owners of such serial bonds
any charges for mailing, shipping and insuring bonds transferred or exchanged by the fiscal
agent, and, accordingly, pursuant to paragraph c of Section 70.00 of the Local Finance Law,
no such charges shall be so collected by the fiscal agent. Such bonds shall contain
substantially the recital of validity clause provided for in section 52.00 of the Local Finance
Law and shall otherwise be in such form and contain such recitals in addition to those
required by section 52.00 of the Local Finance Law, as the City Controller shall determine.
Section 8. The validity of such bonds and bond anticipation notes may be contested only
if:
1) Such obligations are authorized for an object or purpose for which said City is not
authorized to expend money, or
2) The provisions of law which should be complied with at the date of publication of this
resolution are not substantially complied with,
and an action, suit or proceeding contesting such validity is commenced within twenty days
after the date of such publication, or
3) Such obligations are authorized in violation of the provisions of the Constitution.
Section 9. This resolution shall constitute a statement of official intent for purposes of
Treasury Regulations Section 1.150-2. Other than as specified in this resolution, no monies
are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise
set aside with respect to the permanent funding of the object or purpose described herein.
Section 10. This resolution, which takes effect immediately, shall be published in summary
form in the official newspaper, together with a notice of the City Clerk in substantially the form
provided in Section 81.00 of the Local Finance Law.
Roll Call
Brock-Aye McGonigal-Aye
Murtagh-Aye Nguyen- Aye
Fleming- Aye Gearhart- Aye
Kerslick-Aye Smith-Aye
Mohlenhoff-Aye Lewis-Aye
Carried Unanimously
PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE ITEMS:
5.1 2021 Action Plan: City of Ithaca HUD Entitlement Program
WHEREAS, the City of Ithaca (City) is eligible to receive an annual formula allocation of
funds to address community development needs through the U.S. Department of Housing &
Urban Development (HUD) Entitlement Program from the Community Development Block
Grant (CDBG) Program and the HOME Investment Partnerships (HOME) Program funding
sources, and
WHEREAS, the City has contracted with the Ithaca Urban Renewal Agency (IURA) to
administer, implement and monitor the City’s HUD Entitlement program in compliance with all
applicable regulations, and
WHEREAS, on an annual basis, an Action Plan must be submitted to HUD to access HUD
Entitlement Program funding allocated to the City, and
WHEREAS, the 2021 Action Plan identifies a specific list of budgeted community
development activities to be funded from the 2021 HUD Entitlement Program allocation and
associated funds administered by the IURA, and
WHEREAS, funding available to be allocated through the 2021 Action Plan funding process
is anticipated to include the following:
$680,761.00 CDBG 2021 HUD Entitlement Program Allocation
$160,000.00 CDBG 2021 Program Income (projected)
$ 40,659.26 CDBG Recaptured/Unallocated (R/U) Funds
$334,715.00 HOME 2021 HUD Entitlement Program Allocation
$ 8,376.30 HOME Recaptured/Unallocated (R/U) Funds
$100,000.00 HODAG Loan
$1,324,511.56 Total,
and,
WHEREAS, CDBG-CV funds in the amount of $63,089.60 will be added to draft 2021 Action
Plan funds of $1,324,511.56 to arrive at the total amount of $1,387,601.16 indicated on the
“IURA-Adopted Draft City of Ithaca 2021 Action Plan & CDBG-CV Funding Allocations”
summary matrix dated April 15, 2021, and
WHEREAS, the IURA utilized an open and competitive project selection process for
development of the 2021 Action Plan in accordance with the City of Ithaca Citizen
Participation Plan, and
WHEREAS, the IURA developed a draft 2021 Action Plan for public comment and Common
Council consideration, and
WHEREAS, a public hearing on the draft Action Plan was held on May 17, 2021; now,
therefore, be it
RESOLVED, That the Common Council for the City of Ithaca hereby adopts the Draft 2021
City of Ithaca Action Plan, dated April 15, 2021, for allocation of the City’s 2021 HUD
Entitlement Program award along with associated funds listed above, and, be it further
RESOLVED, That the Urban Renewal Plan shall be amended to include activities funded in
the adopted 2021 Action Plan.
Carried Unanimously (9-0) Murtaugh Recused
5.2 Proposed Planned Unit Development Application-407 Cliff-Common Council
Conditional Approval – Resolution
WHEREAS, on April 4, 2018, the Common Council adopted legislation creating a Planned Unit
Development Overlay District (PUDOD), and
WHEREAS, on March 18, 2021, the City received an application from 407 Holdings LLC for
consideration to establish a Planned Unit Development district at 407 Cliff Street, and
WHEREAS, the applicant is proposing the repurposing of the 25,297 SF building located at
407 Cliff Street, from industrial/manufacturing space into long and short stay residential use,
along with a small conference and meeting room, office spaces, maker spaces, and retail space
along the street, and
WHEREAS, the total proposed development contains approximately 13 one bedroom rental
units, 3438 SF of office area, 2 meeting rooms 3900 SF of retail space, 2400SF of “maker
space” areas, and
WHEREAS, the project is intended to provide the following benefits to the community
1. A newly constructed pedestrian connection between Cass Park/Children’s
Garden/Black Diamond Trail and the West Hill Community, via a walking path up the hill
(contingent on City approval)
2. An opportunity for retail space and possibly a café, which would fill a need in the West
Hill community and could result in reduced car traffic down the hill into the City.
3. A community meeting room.
4. The mix of uses all contained in an existing building creates a diversified workforce
opportunity that would not be seen with a purely residential infill project, which is all that
is currently allowed under the R-3a zoning.
5. The proposed retail and residential uses are a better fit for this neighborhood than the
existing light industrial use.
6. The change from light industrial uses will result in a reduction in tractor trailer traffic.
7. The new walkway will provide a protected accessible path to each of the new retail
storefronts.
8. The careful removal of invasive species to encourage more native plants along the
adjacent city-owned property will also be a part of this project.
9. Improved dark-sky compliant exterior lighting which would not be required for another
industrial user.
10. Energy efficiency improvements will be made to the building’s envelope and
mechanical systems reducing overall carbon footprint which would not otherwise be
needed/required for another industrial user.
and,
WHEREAS, the applicant has stated that the project could not proceed under the existing
zoning because the proposed uses are not permitted primary uses in the R-3a zone, and
WHEREAS, a public information session, hosted by the applicant, was held on May 6, 2021
and the meeting was advertised in the Ithaca Journal, the property was posted with signs, and
WHEREAS, the process for consideration of an application for Planned Unit Development
requires that the applicant obtain an approval in concept from the Common Council prior to
beginning the site plan review process, and
RESOLVED, That the Common Council does hereby grant an approval in concept to 407
Holdings LLC for their application for a Planned Unit Development district to be located at 407
Cliff Street, and be it further
RESOLVED, That by granting an approval in concept, the Common Council acknowledges
that the applicant is able to begin the site plan review process, despite any zoning-based
deficiencies in the application, and, be it further
RESOLVED, That the Common Council does hereby request that the City Planning Board
update the Common Council after each Planning Board meeting where this project is
considered and to request ongoing written comments from the Common Council, and be it
further
RESOLVED, That if this project receives a negative declaration of environmental significance
and contingent site plan approval, the applicant will return to the Common Council for final
consideration of the adoption of the Planned Unit Development district.
Carried Unanimously (10-0)
5.3 A. Sale of Property Acquired Through Tax Foreclosure for Affordable Housing, 109
Morris Avenue and 417 S. Aurora Street – 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 conveyance of properties located at 109 Morris Avenue
and 417 S. Aurora to be acquired through tax foreclosure to Habitat for Humanity of
Tompkins and Cortland Counties for rehabilitation and sale to a low- income homebuyers,
which is an “Unlisted” Action pursuant to CEQRO, thereby requiring environmental review;
and
WHEREAS, no other agency has jurisdiction to fund, approve or undertake the action; now,
therefore, be it
RESOLVED, that the Common Council of the City of Ithaca does hereby declare itself as
lead agency for the environmental review of this proposed action.
Carried Unanimously (10-0)
5.3 B Sale of Property Acquired Through Tax Foreclosure for Affordable Housing, 109
Morris Avenue and 417 S. Aurora Street – Environmental Review
WHEREAS, the Common Council is considering sale of properties acquired through tax
foreclosure proceedings located at 109 Morris Avenue and 417 S. Aurora Street to Habitat for
Humanity of Tompkins and Cortland Counties for rehabilitation and sale to a low-income
homebuyers, and
WHEREAS, the City of Ithaca Common Council declared itself Lead Agency for the
environmental review of this proposed action, and
WHEREAS, the proposed action is categorized as an “Unlisted” action under the City
Environmental Quality Review Ordinance (CEQRO), and
WHEREAS, the 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.
Carried Unanimously (10-0)
5.3 C Sale of Property Acquired Through Tax Foreclosure For Affordable Housing, 109
Morris Avenue and 417 S. Aurora Street – Action
WHEREAS, the City of Ithaca has received proposals from various not-for-profit corporations
to acquire the following parcels scheduled to be acquired through foreclosure for nonpayment
of taxes/fees:
Tax
Map
Address Use Lot Size
Living
Area
Assesse
d Value
Total Due
City
#79.-5-6
215
Cleveland
Ave.
single
family
dwelling
3,300 sf 750 sf $115,000 $11,452.40
#44.-5-4 109 Morris
Ave.
single
family
dwelling
1,860 sf 850 sf $120,000 $10,351.18
#81.-6-5 417 S.
Aurora St.
single
family
dwelling
8,844 sf 1,414 sf $100,000 $6,662.48
and,
WHEREAS, Habitat for Humanity of Tompkins and Cortland Counties, Inc. (Habitat)
submitted a proposal dated May 13, 2021 to acquire the properties located at 109 Morris
Avenue and 417 S. Aurora Street to rehabilitate for sale to low-income homebuyers, and
WHEREAS, Habitat has created a Community Housing Trust to ensure affordability of the
homes upon resale, and
WHEREAS, Habitat proposes to acquire 109 Morris Avenue and 417 S. Aurora Street, and
WHEREAS, the Common Council seeks to expand the supply of affordable, for-sale homes
in the City, and
WHEREAS, it is the duty of the City Chamberlain to enforce the collection of tax liens on real
property, and
WHEREAS, Section C-44 of the City Charter adopts the procedures for collection of unpaid
taxes as set forth by New York Real Property Tax Law of New York State (RPTL), and
WHEREAS, §1166 RPTL authorizes the City to sell and convey tax foreclosed property to
another party with or without advertising for bids if confirmed by a majority vote of the
Common Council or at public auction to the highest bidder without Common Council
approval, and
WHEREAS, the Common Council recognizes that a decision to withhold this parcel from the
public auction and sell for an affordable housing use may result in a lower purchase price but
will result in an increased supply of affordable, quality, owner-occupied housing, and
enhance neighborhood stability, and
WHEREAS, the City of Ithaca Common Council, acting as Lead Agency in the environmental
review, determined that the proposed action will result in no significant impact on the
environment and issued a Negative Declaration in accordance the City of Ithaca
Environmental Quality Review Ordinance; now, therefore, be it
RESOLVED, That the City of Ithaca Common Council hereby directs the Chamberlain to
withhold the following properties scheduled to be acquired through tax foreclosure
proceedings from the public auction:
• Tax map parcel #44.-5-4, 109 Morris Avenue
• Tax map parcel #81.-6-5, 417 S. Aurora Street, and, be it further
RESOLVED, That the Common Council for the City of Ithaca hereby authorizes the sale of
properties located at 109 Morris Avenue (tax map parcel #44.-5-4) and at 417 S. Aurora
Street (tax map parcel #81.-6-5), subject to the following terms:
1. Purchaser: Habitat for Humanity of Tompkins and Cortland Counties, Inc.
2. Price:
109 Morris Avenue: an amount sufficient to pay all taxes, fees, and penalties due to all
taxing jurisdictions.
417 S. Aurora Street: an amount sufficient to pay all taxes, fees, and penalties due to
all taxing jurisdictions.
3. Use: affordable, owner-occupied housing
4. Condition of Property: “as is”
5. Deed: quit claim deed
6. Closing Costs/Legal Fees: responsibility of buyer
7. Buyer Contingencies: none
8. Seller Contingency: Sale is subject to City acquisition of title to the property through
tax foreclosure proceedings. City reserves the right to allow the current property
owner to redeem property with additional penalties up until the date of City acquisition
of title to the property.
9. Schedule: closing on sales transaction shall occur promptly upon City taking title
and, be it further
RESOLVED, That the Mayor, subject to advice from the City Attorney, is authorized to sign
any and all documents to execute this resolution.
Carried 8-1 (Brock Opposed)
McGonigal Absent from Vote
5.4 A Sale of Property Acquired Through Tax Foreclosure for Affordable Housing, 215
Cleveland Avenue – 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 conveyance of property located at 215 Cleveland Avenue
to be acquired through tax foreclosure to Ithaca Neighborhood Housing Services, Inc. for
rehabilitation and sale to a low-to-moderate income homebuyer, which is an “Unlisted” Action
pursuant to CEQRO, thereby requiring environmental review, and
WHEREAS, no other agency has jurisdiction to fund, approve or undertake the action; now,
therefore, be it
RESOLVED, That the Common Council of the City of Ithaca does hereby declare itself as
lead agency for the environmental review of this proposed action.
Carried Unanimously (10-0)
5.4 B Sale of Property Acquired Through Tax Foreclosure for Affordable Housing, 215
Cleveland Avenue – Environmental Review
WHEREAS, the Common Council is considering sale of property acquired through tax
foreclosure proceedings located at 215 Cleveland Avenue to Ithaca Neighborhood Housing
Services, Inc. for rehabilitation and sale to a low- to moderate-income homebuyer, and
WHEREAS, the City of Ithaca Common Council declared itself Lead Agency for the
environmental review of this proposed action, and
WHEREAS, the proposed action is categorized as an “Unlisted” action under the City
Environmental Quality Review Ordinance (CEQRO), and
WHEREAS, the 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.
Carried Unanimously (10-0)
5.4 C Sale of Property Acquired Through Tax Foreclosure For Affordable Housing, 215
Cleveland Avenue – Action
WHEREAS, the City of Ithaca has received proposals from various not-for-profit corporations
to acquire the following parcels scheduled to be acquired through foreclosure for nonpayment
of taxes/fees:
Tax
Map
Address Use Lot Size
Living
Area
Assesse
d Value
Total Due
City
#79.-5-6
215
Cleveland
Ave.
single
family
dwelling
3,300 sf 750 sf $115,000 $11,452.40
#44.-5-4 107 Morris
Ave.
single
family
dwelling
1,860 sf 850 sf $120,000 $10,351.18
#81.-6-5 417 S.
Aurora St.
single
family
dwelling
8,844 sf 1,414 sf $100,000 $6,662.48
and,
WHEREAS, Ithaca Neighborhood Housing Services, Inc. (INHS) submitted a proposal dated
May 13, 2021 to acquire the property located at 215 Cleveland Avenue to create a new,
permanently affordable Community Housing Trust home for sale to low- and moderate-
income homebuyer, and
WHEREAS, INHS agrees to pay all taxes, fees, and penalties due to all taxing jurisdictions,
and
WHEREAS, the Common Council seeks to expand the supply of affordable, for-sale homes
in the City, and
WHEREAS, it is the duty of the City Chamberlain to enforce the collection of tax liens on real
property, and
WHEREAS, Section C-44 of the City Charter adopts the procedures for collection of unpaid
taxes as set forth by New York Real Property Tax Law of New York State (RPTL), and
WHEREAS, §1166 RPTL authorizes the City to sell and convey tax foreclosed property to
another party with or without advertising for bids if confirmed by a majority vote of the
Common Council or at public auction to the highest bidder without Common Council
approval, and
WHEREAS, the Common Council recognizes that a decision to withhold this parcel from the
public auction and sell for an affordable housing use may result in a lower purchase price but
will result in an increased supply of affordable, quality, owner-occupied housing, and
enhance neighborhood stability, and
WHEREAS, the City of Ithaca Common Council, acting as Lead Agency in the environmental
review, determined that the proposed action will result in no significant impact on the
environment and issued a Negative Declaration in accordance the City of Ithaca
Environmental Quality Review Ordinance; now, therefore, be it
RESOLVED, That the City of Ithaca Common Council hereby directs the Chamberlain to
withhold the following property scheduled to be acquired through tax foreclosure proceedings
from the public auction:
• Tax map parcel #79.-5-6, 215 Cleveland Avenue, and be it further
RESOLVED, That the Common Council for the City of Ithaca hereby authorizes the sale of
property located at 215 Cleveland Avenue, tax map parcel #79.-5-6, subject to the following
terms:
10. Purchaser: Ithaca Neighborhood Housing Services, Inc.
11. Price: amount sufficient to pay all taxes, fees, and penalties due to all taxing
jurisdictions
12. Use: affordable, owner-occupied housing
13. Condition of Property: “as is”
14. Deed: quit claim deed
15. Closing Costs/Legal Fees: responsibility of buyer
16. Buyer Contingencies: none
17. Seller Contingency: Sale is subject to City acquisition of title to the property through
tax foreclosure proceedings. City reserves the right to allow the current property
owner to redeem property with additional penalties up until the date of City acquisition
of title to the property.
18. Schedule: closing on sales transaction shall occur promptly upon City taking title
and, be it further
RESOLVED, That the Mayor, subject to advice from the City Attorney, is authorized to sign
any and all documents to execute this resolution.
Carried 9-1 (Brock Opposed)
5.5 2021 CDBG-CV Funding Allocations: City of Ithaca HUD Entitlement Program
WHEREAS, the City of Ithaca (City) has been awarded CARES Act funding known as
Community Development Block Grant-CV (CDBG-DV) designated for coronavirus relief,
and
WHEREAS, CARES Act allocations were based on the annual formula allocation of funds
to address community development needs through the U.S. Department of Housing &
Urban Development (HUD) Entitlement Program from the Community Development Block
Grant (CDBG) Program,
WHEREAS, the City has contracted with the Ithaca Urban Renewal Agency (IURA) to
administer, implement and monitor the City’s HUD Entitlement program in compliance
with all applicable regulations, and
WHEREAS, as a Substantial Amendment to a City of Ithaca’s 2019 Action Plan, CARES
Act-funded activities must be submitted to HUD to access CDBG-CV funding allocated to
the City, and
WHEREAS, the draft 2021 CDBG-CV Funding Allocations plan identifies a specific list of
budgeted community development activities to be funded from the CARES Act allocation
of CDBG-CV funds administered by the IURA, and
WHEREAS, funding available to be allocated through the draft 2021 CDBG-CV Funding
Allocations plan totals $68,089.60, and
WHEREAS, CDBG-CV funds in the amount of $63,089.60 will be added to draft 2021
Action Plan funds of $$1,324,511.56 to arrive at the total amount of $1,387,601.16
indicated on the “IURA-Adopted Draft City of Ithaca 2021 Action Plan & CDBG-CV
Funding Allocations” summary matrix dated April 15, 2021, and
WHEREAS, the IURA utilized an open and competitive project selection process for
development of the 2021 CDBG-CV Funding Allocations plan in accordance with the City
of Ithaca Citizen Participation Plan, and
WHEREAS, the IURA developed a draft 2021 CDBG-CV Funding Allocations plan for
public comment and Common Council consideration, and
WHEREAS, a public hearing on the draft 2021 CDBG-CV Funding Allocations plan was
held on May 17, 2021, now, therefore, be it
RESOLVED, that the Common Council for the City of Ithaca hereby adopts an
amendment to the 2019 Action Plan to allocate CDBG-CV funds according to the draft
2021 CDBG-CV Funding Allocations plan, dated April 15, 2021, for allocation of the City’s
CARES Act award, and be it further
RESOLVED, that the Urban Renewal Plan shall be amended to include activities funded
in the adopted 2021 Action Plan.
Carried Unanimously 9-0 (McGonigal Absent from Vote)
INDIVIDUAL MEMBER FILED RESOLUTIONS
6.1 Resolution in Support of the City of Ithaca Creating the Finger Lakes Energy
Compact
WHEREAS, the City of Ithaca (City) has demonstrated its desire and commitment to be a
leader in sustainability and social equity, as exemplified by adoption of the Ithaca Green New
Deal (GND) and the Ithaca Energy Code Supplement, and
WHEREAS, to implement the GND, the City will benefit from working with a variety of
partners locally, regionally, nationally, and beyond, and
WHEREAS, implementation of the GND will be costly, by some estimates requiring about $2
billion for Ithaca alone, requiring access to funding beyond state and federal grants, and
WHEREAS, the United Nations is encouraging subnational governments and non-
governmental stakeholders to increase ambition, as compared to national goals set to reach
the Paris Agreement on Climate Change, and
WHEREAS, one specific action being encouraged is to join multi-stakeholder energy
compacts to support energy-related goals such as Sustainable Development Goal 7: Ensure
Access to Affordable, Reliable, Sustainable and Modern Energy For All, and
WHEREAS, energy compacts recognized by the United Nations are used internationally, but
there are none in the United States, and
WHEREAS, the City is in discussion about creating a local energy compact, tentatively called
the Finger Lakes Energy Compact, with Cornell University, Ithaca College, Tompkins County,
and the Town of Ithaca, and
WHEREAS, the Energy Compact would feature non-binding commitments, initiatives, and
partnerships focused on renewable energy and energy efficiency, with the objective of
reducing inequality and reducing GHG emissions by 2030, as adopted in the Ithaca GND,
and
WHEREAS, creating the first U.S.-based Energy Compact is expected to produce benefits
like enhancing regional collaboration, bringing international exposure to the Ithaca area and
improving opportunities for technical assistance and funding from multilateral institutions such
as the World Bank and the GEF, and
WHEREAS, pending creation of an Energy Compact, the City has been invited by the United
Nations to participate in a Ministerial Thematic Forum during the month of June 2021, which
is being cohosted by 13 different countries, and this could lead to participation in future UN-
sponsored events; now, therefore, be it
RESOLVED, That the Common Council approves creation of the Finger Lakes Energy
Compact and the City’s leadership and participation in the implementation of the Compact;
and, be it further
RESOLVED, That the City will continue to build support among local public and private
institutions, to participate in and implement the Finger Lakes Energy Compact.
Carried 9-0 (McGonigal Absent)
6.2 Access Oversight Committee Recommendations for 2022 Budget
By Alderperson Gearhart: Seconded by Alderperson Smith
WHEREAS, Section 15.12 of the Franchise Agreement of January 2003 between the
City of Ithaca and the franchisee Time Warner Entertainment-Advance/Newhouse
Partnership (TWC) (“Franchise Agreement”), subsequently assigned to Charter
Communications, Inc. d/b/a Spectrum Networks (Charter) after Charter's 2016
acquisition of TWC, requires the participating municipalities (City of Ithaca, Town of
Ithaca, Village of Cayuga Heights) to provide the franchisee with an annual written
budget for Public, Educational and Governmental access operations (PEG) by June 30
of each calendar year, and
WHEREAS, Section 15.12 of the Franchise Agreement requires that PEG Access Staff
provide the Access Oversight Committee (AOC) with budget recommendations for the
following year by April 30, and
WHEREAS, the Franchise Agreement authorizes Charter Communications to collect
$0.15 per subscriber per month to be used for the purchase of PEG equipment; and
WHEREAS, the City of Ithaca's Ordinance #2003-17, Par 18-4-G, requires the Access
Oversight Committee (AOC) to provide the Participating Municipalities with a
recommended budget for the following year by May 31, and
WHEREAS, the AOC has reviewed PEG’s current equipment and anticipates that new
or replacement equipment might be needed; now, therefore, be it
RESOLVED, That the AOC recommends earmarking up to $30,000 as contingency to
purchase equipment as needed for the functioning of PEG operations, and, be it further
RESOLVED, That the AOC forwards its recommendations for approval by the Common
Council of the City of Ithaca, the Town of Ithaca Board and the Village of Cayuga
Heights Board of Trustees, so that they may meet their obligation to provide Charter
Communications with an annual written budget for Public, Educational and
Governmental access operations no later than June 30, 2021.
Carried 9-0 McGonigal absent