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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