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HomeMy WebLinkAboutMN-CC-2014-12-03COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 6:00 p.m. December 3, 2014 PRESENT: Mayor Myrick Alderpersons (8) Brock, McGonigal, Murtagh, Clairborne, McCollister, Fleming, Kerslick, Martell OTHERS PRESENT: City Clerk – Conley Holcomb City Attorney – Lavine City Controller – Thayer Community Development Director – Bohn Bridge Systems Engineer – Gebre City Planner – Wilson Director of Parking – Nagy EXCUSED: Alderpersons (2): Smith, Mohlenhoff PLEDGE OF ALLEGIANCE: Mayor Myrick led all present in the Pledge of Allegiance to the American Flag. ADDITIONS TO OR DELETIONS FROM THE AGENDA: Mayor’s Appointments: Mayor Myrick requested the addition of an Item to be considered prior to the start of the regular agenda: Appointment of the Youth Bureau Director - Resolution. No Council member objected New Business: Alderperson Murtagh requested the addition of Item 14.1 Recommendation for the TCAT Board. Alderperson Clairborne objected to this item being added to the agenda. Moment of Silence: Mayor Myrick and Common Council requested a moment of silence to honor Sgt. Michael James Barra, an Ithaca native who died in 1951 while a prisoner of war in Korea. Sgt. Barra’s remains were recently identified and returned home to his family for a full military burial. The Mayor thanked Sgt. Barra and his family for his service and sacrifice on behalf of a grateful City and Country. Appointment of the Ithaca Youth Bureau Director By Alderperson Kerslick: Seconded by Alderperson Brock RESOLVED, That Elizabeth C. Vance be and hereby is appointed to the position of Ithaca Youth Bureau Director effective December 8, 2014, at an annual salary of $77,600. Mayor Myrick noted that Ms. Vance has done a great job as Interim Director of the Youth Bureau and was “head and shoulders” above her competition for the position. Common Council members praised Ms. Vance for her exemplary performance and dedication to the youth of the community through her work with the Ithaca Youth Bureau. A vote on the Resolution resulted as follows: Carried Unanimously (8-0) December 3, 2014 2    PROCLAMATIONS/AWARDS: 3.1 Quarterly Employee Recognition Award Presentation Mayor Myrick presented the Quarterly Employee Recognition Award to Firefighters Ken Thompson and Adam Buck and Police Officers Mike DuBrava, Matt Pagliaro, and Lt. Scott Garin for responding to a medical call at the home of retired City of Ithaca Fire Lieutenant Albert Williams. Although Lt. Williams sadly passed away later that day, these first responders did everything they could, and took extraordinary efforts to assist and comfort the family during an incredibly stressful and emotional situation. This nomination was submitted by Ithaca Firefighter/EMT Ernest Williams, son of Lt. Albert Williams, on behalf of his entire family. SPECIAL ORDER OF BUSINESS: 4.1 Presentation of the Annual Pride of Ownership Awards The 2014 Pride of Ownership Awards Committee announced this year’s winning projects. The annual awards, recognizing owners of properties within the City of Ithaca who have developed projects or taken care of their properties in ways that enhance the physical appearance of city neighborhoods and commercial areas, is a joint project of the Ithaca Rotary Club and the City of Ithaca. The 2014 Awards:  310 First Street, Carl Feuer and Carol Cedarholm  224 Cliff Street, Albert Kelly, Owner and contractor  Argos Inn (408 East State Street), Avi Smith, Owner  Breckenridge Place (100 W. Seneca Street), Ithaca Neighborhood Housing Services  Chis Bordoni Fitness Trailhead, Bordoni Family / Rick Manning  Bill and Melinda Gates Hall, Cornell University SPECIAL PRESENTATIONS BEFORE COUNCIL: 5.1 Presentation from Disability Advisory Council Erin Sember-Chase, member of the Disability Advisory Council (DAC) shared a summary overview of an electronic survey the DAC conducted in the fall of 2013. Eighty-five people responded to the survey which was designed to identify challenges and obstacles that individuals with disabilities face in Ithaca. Survey results showed:  81% of responders cited broken/missing sidewalks  Nearly 60% cited poor snow and ice removal  Nearly 50% cited trees and bushes obstructing pathways, sidewalks, or crosswalks  46% cited doors too heavy to open, or not having automatic door openers  30% cited cars or other vehicles blocking/parking across sidewalks  14.5% cited no audible cross walk signals.  Nearly 3% said there was need for more effective communication methods to be provided via city website, while over 10% cited effective communication needs to be more present at city meetings  Trends seen in open ended comments were: o Lack of accessible parking options and/or accessible parking spaces being taken by others without disability placards, including city employees/offices. December 3, 2014 3    o Crosswalk pedestrian time far too short or that they display “walk” when drivers still have green light to go. o More comments re/ manmade obstructions on sidewalks, such as tables and chairs on sidewalks, trees on curbs, providing little walking space between/around, etc. o Other people, including city employees, lacking awareness, education, or appropriate attitudes toward individuals with disabilities and their needs. DAC Recommendations/Suggestions:  ENFORCEMENT AND EDUCATION: a majority of responders cited the need for widespread education on the above issues, as well as for the City and Police to hold property and business owners responsible/accountable. Specific suggestions include: o Stronger education and enforcement, such as through issuing fines, when owners don’t keep sidewalks clear of obstructions and/or snow/ice o Ticketing people who violate accessible parking rules o Install signage where parking is restricted so as to not block accessible spaces or entrances o Educating TCAT drivers more about driving slower o Educating everyone more about disability issues and needs o Including information on city website about how to report problems like this as well as how to get ahold of the DAC.  FOCUS ON SNOW AND ICE REMOVAL/MAINTENANCE: City needs to prioritize this more. One person suggested that the City keep a registry of community members/volunteers who can shovel or who the City can hire to do snow removal, such as for elderly and disabled people.  FIX BROKEN SIDEWALKS AND CURB CUTS: this included fixing other barriers that exist, but primary emphasis was on sidewalks.  IMPROVE CROSS WALKS: install audible cross walks, more time for pedestrians, and clear messages to pedestrians and drivers.  INSTALL AUTOMATIC DOOR OPENERS: at all public facilities.  INCREASE ACCESSIBLE PARKING OPTIONS: Increase both the number as well as the location so that closer to building entrances and path of travel.  IMPROVE COMMUNICATION AT CITY MEETINGS: provide priority seating for people with visual/hearing disabilities; give information in multiple formats (i.e. Braille, electronically, etc).  INVOLVE PEOPLE WITH DISABILITIES IN PLANNING: A few people emphasized the need for incorporating accessibility improvements during construction and renovations and that citizens with disabilities should be sought out/consulted during the planning and review phases. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: The following people addressed Common Council: Shari Korthuis, City of Ithaca, shared her concerns regarding the use of police force. She referred to the issues that Ferguson, Missouri is facing and requested that Ithaca’s police officers be outfitted with body cameras; that the use of military powers be ended; and that the Community Police Board be empowered. Fay Gougakis, City of Ithaca, voiced her concerns regarding the provisions of the proposed new Noise Ordinance. She believes that they will not address the issues she has raised on numerous occasions including bar noise, and shared her disappointment that no action has been taken on these issues to date. December 3, 2014 4    Joel Harlan, Town of Newfield, spoke in favor of the widening of the Brindley Street Bridge. He further shared his concerns about the exodus of chain restaurants in Ithaca, and reflected on the challenges faced by Ferguson, Missouri. PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR: Mayor Myrick reported that the Ithaca Police Department has been meeting with vendors regarding the selection of body camera equipment and that a special training program was recently offered and facilitated by the U.S. Department of Justice Office of Community Relations Services (DOJ/CRS), on the topic of anti-racial profiling. Nearly every Ithaca Police Officer participated along with approximately 40 members of the community who were invited to attend. He detailed other initiatives that are underway to improve police/community relations and outlined the differences between Ithaca and Ferguson, Missouri. Alderperson Murtagh addressed comments made regarding the proposed new Noise Ordinance and explained that amendments have been made to the original draft of the legislation. The Ordinance will be considered at the next Planning & Economic Development Committee. Alderperson Kerslick thanked Alderperson Murtagh for the amount of work that he has put into the Noise Ordinance, and noted that the amendments made were based on public feedback. Alderperson Martell also expressed her thanks to Alderperson Murtagh. Alderperson Clairborne congratulated the recipients of the Pride of Ownership Awards. He further announced that Audrey Cooper would be retiring on December 12th after 40 years of service to the Ithaca community. Alderperson Clairborne recounted his feelings towards the lack of indictments made in the Michael Brown and Eric Gardner cases. He expressed the need for earnest discussions in Tompkins County about how people should treat each other. CONSENT AGENDA ITEMS: City Administration Committee: 8.1 Department of Public Works - Amendment to Personnel Roster – Modification of Work Hours for a Position in the Ithaca Area Wastewater Treatment Facility (IAWWTF) - Resolution By Alderperson Martell: Seconded by Alderperson McCollister WHEREAS, to provide adequate administrative support to the Ithaca Area Wastewater Treatment Facility (IAWWTF) the Water and Sewer Division of the City of Ithaca Department of Public Works requested and received an increase in the workweek of an Administrative Coordinator from twenty (20) hours/week to thirty (30) hours/week. This was accomplished by resolution of item 8.5 of the Common Council Agenda on September 5, 2012; and WHEREAS, the IAWWTF the Water and Sewer Division of the City of Ithaca Department of Public Works again requested and received an increase in the workweek of an Administrative Coordinator from thirty (30) hours/week to thirty five (35) hours/week. This was accomplished by resolution of item 8.3 of the Common Council Agenda on February 12, 2014; and WHEREAS, it is again our experience over the time period of February 19, 2014, to date that this position demands no less than forty (40) hours/week; and WHEREAS, this shortfall in Administrative support stems from the fact that prior to August 11, 2012, the Water & Sewer Division had four (4) administrative personnel funded on their roster including 1-Administrative Coordinator (20-hrs/wk), 1-Administrative Assistant (40-hrs/wk), and 2-Financial Management Assistants (40-hrs/wk each). Subsequent to August 11, 2012, there is only the Administrative Coordinator, and 2-Financial Management Assistants. With the budget constraints for 2013 they opted to increase the hours of the Administrative Coordinator rather than fill the vacant Administrative Assistant position; and December 3, 2014 5    WHEREAS, to allow the Water & Sewer Division the personnel time resources to cover the administrative needs of the IAWWTF, the Water Treatment Plant, and the Water & Sewer Division’s main office; now, therefore, be it RESOLVED, That the workweek of one Administrative Coordinator position in the Water and Sewer Division of the Department of Public Works be and hereby is increased from thirty five (35) hours/week to forty (40) hours/week starting January 1, 2015; and be it further RESOLVED, That for the sole purpose of determining days worked reportable to the New York State and Local Employees’ Retirement System, the standard workday for this position shall be established at eight (8) hours per day (forty (40) hours per week); and be it further RESOLVED, That said roster amendment has been funded within the 2015 Authorized Budget for both the Water and Sewer Division and the IAWWTF. Carried Unanimously (8-0) 8.2 Finance – Authorization to Cover Red Accounts - Resolution By Alderperson Martell: Seconded by Alderperson McCollister RESOLVED, That the City Controller be empowered to make transfers within the 2014 Budget appropriations, as needed, for the remainder of the 2014 Fiscal Year. Carried Unanimously (8-0) 8.3 Controller – Request to Amend Budget to Account for 2014 Tompkins County Celebrations Grant - Resolution By Alderperson Martell: Seconded by Alderperson McCollister WHEREAS, during 2014, the City of Ithaca received $26,500 in funds from Tompkins County to support 15 local Community Celebrations, and WHEREAS, the City acts as a pass through for these Community Service Grants and needs to amend the 2014 Budget to account for the grants; now, therefore be it RESOLVED, That Common Council hereby amends the 2014 authorized budget as follows to account for various Community Service Celebrations grants received from Tompkins County: Increase Revenue Account: A1012-2379 Community Celebrations $26,500 Increase Appropriation Account: A1012-5435 Celebration Contracts $26,500 Carried Unanimously (8-0) CITY ADMINISTRATION COMMITTEE: 9.1 Fire Department - One-Year Extension of Town-City Fire Contract Pending Further Negotiations - Resolution By Alderperson Fleming: Seconded by Alderperson Clairborne WHEREAS, the existing agreement between the Town of Ithaca and the City of Ithaca by which the Ithaca Fire Department provides service to the Town of Ithaca is set to expire on December 31, 2014; and WHEREAS, the City and the Town have commenced negotiations towards a renewal of this agreement; and WHEREAS, the negotiators for the City and the Town agree that these negotiations cannot realistically be completed before the expiration of the agreement; and WHEREAS, the City and the Town are desirous of continuing the existing arrangement until such time as the parties are able to conclude negotiations with a new agreement; now, therefore, be it December 3, 2014 6    RESOLVED, That the Mayor, upon review by the City Attorney, is hereby authorized to execute an agreement substantially as included herewith, extending by one year the term of service under the existing Town-City agreement. Carried Unanimously 9.2 Power Purchase Agreement (PPA) with Solar City for Solar Farm - Resolution By Alderperson Fleming: Seconded by Alderperson Kerslick WHEREAS, The City of Ithaca Energy Action Plan 2012-2016 recommends exploring renewable energy options to power City facilities, and the City of Ithaca Renewable Energy Opportunities report identifies solar photovoltaic systems as one of the most feasible technologies; and WHEREAS, in 2006 the City of Ithaca Common Council adopted the Local Action Plan, which commits to reducing greenhouse gas (GHG) emissions from municipal operations by 20% below 2001 levels by 2016, and in 2013 Common Council adopted the City of Ithaca Energy Action Plan 2012-2016, which commits to reducing GHG emissions community-wide by 80% below 2010 levels by 2050; and WHEREAS, MEGA, the Municipal Electric and Gas Alliance, through its competitive bidding process selected Solar City as a preferred provider for solar procurement; and WHEREAS, Solar City has proposed developing, building, owning and maintaining a 2,400 kilowatt DC solar farm located on Tompkins County land near 766 Warren Road, Ithaca, and selling all of the generated electricity and renewable energy credits to the City under a 20-year Power Purchase Agreement (PPA); and WHEREAS, Tompkins County has agreed to host the solar farm on its land; and WHEREAS, the proposed two-megawatt solar farm will generate an estimated 2,763,805 kilowatt hours annually, enough GHG-emissions-free electricity to provide an estimated 30% of City government’s 2010 electricity needs; and WHEREAS, for each kilowatt hour generated by the solar farm, the City will receive an estimated $0.105 (10.5 cents) credit from NYSEG, and pay an estimated $0.079 (7.9 cents) combined to Solar City and Tompkins County; and WHEREAS, Solar City applied for project funding on behalf of the City to New York State Energy Research and Development Authority (NYSERDA) under Program Opportunity Notice (PON) 2956, and in October 2014 was awarded $903,538; and WHEREAS, Solar City must provide NYSERDA with a copy of the fully executed PPA by January 15, 2015, to secure the funding; and WHEREAS, the PPA and associated documents, as well as an agreement with the County are currently under negotiation; now, therefore be it RESOLVED, That Common Council is supportive of entering into the Power Purchase Agreement with Solar City provided that the City can come to mutually agreeable terms with the County and Solar City; and be it further RESOLVED, That the Mayor, subject to review by the City Attorney, City Controller, and Sustainability Coordinator, is hereby authorized to execute all necessary documents, including but not limited to the Solar Power Purchase Agreement, Performance Guarantee Agreement, Limited Warranty Agreement, and any agreement with the County for use of the land. Discussion followed on the floor regarding the lease and payment agreements between the City and County for use of the land. Amending Resolution: By Alderperson Clairborne: Seconded by Alderperson Kerslick RESOLVED, That the 7th Whereas clause be amended to read as follows: “WHEREAS, for each kilowatt hour generated by the solar farm, the City will receive an estimated $0.105 (10.5 cents) credit from NYSEG, and pay an estimated $0.074 (7.4 cents) to Solar City and $0.005 (.5 cents) to Tompkins County for the lease of the land; and” Carried Unanimously December 3, 2014 7    Amending Resolution: By Alderperson Brock: Seconded by Alderperson Kerslick RESOLVED, That the 5th Whereas clause be amended to read as follows: “WHEREAS, Tompkins County has agreed to host the solar farm on its land which the City intends to lease for the purpose of this agreement; and” Carried Unanimously Further discussion followed regarding the cost savings that will be realized from this agreement. It is estimated that the City will be saving 2.6 cents per kilowatt hour. Main Motion as Amended A vote on the Main Motion as Amended resulted as follows: Carried Unanimously 9.3 DPW - Lake Street Public Park Enhancements - Resolution By Alderperson Fleming: Seconded by Alderperson Kerslick WHEREAS, Currently the City of Ithaca Department of Public Works has undertaken a project to rehabilitate Lake Street Bridge over Fall Creek; and WHEREAS, the project for the rehabilitation of the Lake Street Bridge Over Six Mile Creek, P.I.N. 375534 (“the Project”) is eligible for funding under Title 23 U.S. Code as administered by the Federal Highway Administration (FHWA) that provides for reimbursement of up to 80% of expenditures incurred by the City for rehabilitation of the bridge; and WHEREAS, the City of Ithaca established Capital Project #791 for the Project in the amount of $1,464,250; and WHEREAS, Department of Public Works staff recommends Lake Street Public Park safety improvements and aesthetic enhancements (the “Enhancements”) to the existing public park located at southeast corner of Lake Street Bridge over Fall Creek; and WHEREAS, the “Enhancements” are not included in the project budget and are not eligible for reimbursement by the FHWA; and WHEREAS, the estimated additional cost to implement the “Enhancements” is $195,000; and WHEREAS, the “Enhancements” will be eligible for funding from various sources; and WHEREAS, the Department of Public Works has received approval for $30,000 in matching funds from the Ithaca Urban Renewal Agency-Community Development Block Grant; and WHEREAS, the Department of Public Works can charge a portion of eligible cost against the City’s Sidewalk Program; and WHEREAS, the “Enhancements” will be eligible to apply for funding from Tompkins County Tourism Capital Grant program in 2015; now therefore be it RESOLVED, That Common Council Authorizes Public Works Staff to undertake said “Enhancements” as part of Lake Street Bridge Rehabilitation Project; and be it further RESOLVED, That, Common Council here by approves an increase of Capital Project #791, Lake Street Bridge Rehabilitation Project by an amount not to exceed $195,000, for a total project authorization of $1,659,250; and be it further RESOLVED, That funds needed for said amendment shall be derived from $30,000 in IURA block grants, sidewalk program funds, possible tourism capital grant and the issuance of Serial Bonds. December 3, 2014 8    Extensive discussion followed on the floor regarding the location of the sidewalks identified to be replaced and the use of sidewalk improvement funds to complete the work. Concerns were raised regarding the level of neighborhood input, the project timeline, the safety of the site from both physical and environmental perspectives, and the City’s ability to afford the project. Motion to Refer By Alderperson Murtagh: Seconded by Alderperson McCollister RESOLVED, That this item be referred back to the City Administration Committee for further discussion. Ayes (6) Clairborne, Murtagh, McCollister, Fleming, Kerslick, Martell Nays (2) Brock, McGonigal Carried (6-2) 9.4 City Controller’s Report City Controller Thayer reported on the following: 2014 Activity:  Sales Tax: 3.2% ahead of 2013 figures. Fuel prices are declining resulting in lower than anticipated fuel costs; however it also negatively impacts sales tax figures.  Overtime: the $997,000 budget has been exceeded - approximately $1,186,000 has been spent on overtime to date.  Building Permit Revenue: $700,000 was budgeted - $826,000 has been collected to date.  Parking Revenue: $2.4 million was budgeted - $1.8 million has been collected to date.  Mortgage Tax: $360,000 was budgeted – collections have exceeded that figure by $93,000.  Fines: $1,170,000 was budgeted - $987,000 has been collected to date.  2014 pension liability can be paid early on December 15th for a savings of $48,000  Snow removal: Labor costs - $52,000 was budgeted / $61,000 has been spent. Salt costs: $110,000 was budgeted / $82,000 has been spent.  Workers Comp Claims: are down by $200,000 PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE: 10.1 Public Art Commission (PAC) Resolution to Select Artwork for the Dryden Road Parking Garage Mural Project Mural By Alderperson Murtagh: Seconded by Alderperson Kerslick WHEREAS, the City of Ithaca Public Art Commission (PAC) has been established to, among other duties, review and advise the Common Council on proposals for the exhibition and display of public art in the City’s public spaces; and WHEREAS, in 2010, the PAC created a mural and street art program to beautify blank walls within the city while providing local artists from all sections of the community an opportunity to showcase their work; and WHEREAS, the Board of Public Works approved several locations for future murals and street art by resolution on May 19, 2010, and the City’s Dryden Road Parking Garage was added to this list of approved locations by the Board on July 14, 2014; and WHEREAS, the City’s Parking Division has requested that the PAC seek multiple murals for the Dryden Road Parking Garage to enliven dark areas within the garage while also deterring graffiti and reducing ongoing maintenance costs; and WHEREAS, the PAC issued a Call for Proposals in August 2014 and received 18 submissions for the project; and WHEREAS, the PAC reviewed all of the submissions at its meetings on September 24, 2014 and October 22, 2014, and voted to recommend that Common Council select the December 3, 2014 9    artwork submitted by nine artists, as shown in “Dryden Road Parking Garage – Recommended Mural Proposals,” to be installed on walls within the Dryden Road Parking Garage; and WHEREAS, the murals will be visible primarily to those within the parking garage, but the selected proposals have been distributed for public comment; and WHEREAS, the project will include nine murals and will receive one-time funding through the Parking Division’s existing 2014 budget, in a total amount not to exceed $5,875; now, therefore, be it RESOLVED, That the City of Ithaca Common Council selects the submissions of the following artists for the Dryden Road Parking Garage Mural Project, as recommended by the Public Art Commission: Dan Burgevin, Kellie Cox-Brady, Aindriais Dolan, the Junior Youth Group, Steav Kim, Eric Lindstrom, Kurt Piller, Margaret Reed, and Nate Waterman; and be it further RESOLVED, That the selected artists may proceed with the installation of their murals at their assigned locations within the Dryden Road Parking Garage upon the execution of an agreement with the City (as reviewed by the City Attorney). Discussion followed on the floor with City Planner Megan Wilson regarding the City’s history of paying for art work, artist donations of materials and time, and the use of the Parking Division’s budget to fund this project. Parking Director Frank Nagy explained that maintenance of the garages is part of the DPW budget. Experience has shown that walls with murals on them are less likely to be vandalized with graffiti than blank walls thereby staving off future maintenance costs. He voiced his support for this project. Further discussion followed on the status of the Parking Division budget, what work/purchases may be deferred if these funds are diverted, potential grant opportunities, and concerns about setting a precedent. A vote on the Resolution resulted as follows: Ayes (7) Brock, Clairborne, Murtagh, McCollister, Fleming, Kerslick, Martell Nays (1) McGonigal Carried (7-1) 10.2 Disposition of City-Owned Land at 617 Five Mile Drive - Resolution a) Declaration of Lead Agency – Resolution By Alderperson Murtagh: Seconded by Alderperson McCollister WHEREAS, the City of Ithaca Common Council is considering sale of an approximately 3-acre, unimproved sub-parcel of land located at 617 Five Mile Drive in the Town of Ithaca, NY (part of tax parcel #31.-2-6) through a competitive sealed bid process to New Earth Living, LLC; and WHEREAS, the proposed sale of more than 2.5 acres of contiguous land is a Type 1 Action under the City Environmental Quality Review Ordinance (CEQRO); and WHEREAS, State Law and Section 176.6 of CEQRO require that a Lead Agency be established for conducting environmental review of proposed actions in accordance with local and state environmental law; and WHEREAS, State Law specifies that for actions governed by local environmental review the Lead Agency shall be that local agency which has primary responsibility for approving and funding or carrying out the action; and WHEREAS, no other agency than the City of Ithaca Common Council has jurisdiction to approve or undertake the proposed action; now, therefore, be it December 3, 2014 10    RESOLVED, That the City of Ithaca Common Council does hereby declare itself Lead Agency for the environmental review of the proposed sale of an approximately 3-acre, unimproved sub-parcel of land located at 617 Five Mile Drive in the Town of Ithaca, NY (part of tax parcel #31.-2-6) to New Earth Living, LLC. Carried Unanimously (8-0) b) Determination of Environmental Significance – Resolution By Alderperson Murtagh: Seconded by Alderperson McCollister WHEREAS, the City of Ithaca Common Council is considering sale of an approximately 3-acre, unimproved sub-parcel of land located at 617 Five Mile Drive in the Town of Ithaca, NY (part of tax parcel #31.-2-6) through a competitive sealed bid process to New Earth Living, LLC; and WHEREAS, the City of Ithaca Common Council declared itself Lead Agency for the environmental review of this proposed action; and WHEREAS, such proposed action for the transfer or sale of more than 2.5 contiguous acres of land is a Type 1 Action under the City of Ithaca Environmental Quality Review Ordinance (“CEQR”) and an Unlisted Action under the State Environmental Quality Review Act (“SEQR”), both of which require environmental review; and WHEREAS, a Full Environmental Assessment Form (FEAF) and supporting information has been provided to the City of Ithaca Conservation Advisory Council and Natural Areas Commission for review of the proposed action and no comments have been received to date; and WHEREAS, the Common Council for the city of Ithaca, acting as Lead Agency, has reviewed the FEAF prepared by IURA and City planning staff; now, therefore, be it RESOLVED, That the Common Council for the City of Ithaca, as Lead Agency in this matter, adopts as its own, the findings and conclusions more fully set forth in the FEAF; and be it further RESOLVED, That the Lead Agency hereby determines that the proposed action at issue will not have a significant effect on the environment, and that further environmental review is unnecessary; and be it further RESOLVED, That this resolution constitutes notice of this negative declaration and that the City Clerk is hereby directed to file a copy of the same, together with any attachments, in the City Clerk’s Office, and forward the same to any other parties as required by law. Carried Unanimously c.) Disposition of City-Owned Land at 617 Five Mile Drive to New Earth Living LLC - Authorization By Alderperson Murtagh: Seconded by Alderperson McCollister WHEREAS, the City of Ithaca Common Council is considering sale of an approximately 3-acre, unimproved sub-parcel of land located at 617 Five Mile Drive in the Town of Ithaca, NY (part of tax parcel #31.-2-6) to New Earth Living LLC, and WHEREAS, on December 13, 2013 the Common Council authorized a competitive sealed bid process to offer for sale a 3-acre sub-parcel (City Property), subject to the following terms: Minimum Price: Fair Market Value to be determined by appraisal to be conducted after receipt of bids. Compliance with Subdivision & Zoning Regulations: Purchaser must identify how conveyance of the 3-acre sub-parcel will comply with Town of Ithaca subdivision and zoning regulations. As the sub-parcel lacks street frontage, it appears that consolidation with an existing adjoining parcel will be required. December 3, 2014 11    Future Use: Open space, agricultural and/or residential use. Easement: Sale will be subject to retention of a public easement across the sub-parcel for access by vehicles and pedestrians to the City-owned Southwest Natural Area located east of the railroad tracks. Additional Purchaser Expenses: Appraisal and lot consolidation expenses. Disclaimer: City reserves the right to reject any and all bids. WHEREAS, the Common Council further stipulated that the bid award is subject to completion of environmental review, including advice of the Natural Areas Commission, and approval by the Common Council, and WHEREAS, on May 6, 2014 the Ithaca Urban Renewal Agency (IURA) issued and publicly advertised an Invitation For Bids for the City Property, and WHEREAS, one bid at $10,000 was received from New Earth Living LLC to purchase the City Property, and WHEREAS, an appraisal was conducted at the expense of the prospective purchaser that concluded the fair market value of the City Property is $16,875, so the initial bid was rejected, and WHEREAS, a revised sealed bid offering that established the minimum acceptable bid at $16,875 was issued on July 30, 2014, and WHEREAS, one bid at $16,875 was received from New Earth Living LLC to purchase the City Property, and WHEREAS, New Earth Living LLC developed the Aurora Street pocket neighborhood project at the 500 block of Aurora Street, and WHEREAS, New Earth Living LLC proposes to consolidate the City Property with an adjacent parcel located at 619 Five Mile Drive for development of an approximately 30- unit clustered residential subdivision known as Amabel, and WHEREAS, the City Property is proposed to be used as a natural area for storm water management and a dog park for residents, though final plans for the project may evolve as the project proceeds through the Town’s approval process, and WHEREAS, environmental review for sale of this land has been completed, and WHEREAS, the City Charter requires approval by 3/4s of the Common Council to authorize sale of real property; now, therefore, ORDINANCE -2014 BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows: Section 1. Authorization for Disposition. A. the Common Council for the City of Ithaca hereby authorizes disposition of an approximately 3-acre, unimproved, sub-parcel of land located at 617 Five Mile Drive in the Town of Ithaca NY (part of tax parcel 31.-2-6) to New Earth Living LLC at a sales price of $16,875, subject to the following conditions: 1. Subdivision and consolidation of the sub-parcel with an adjacent parcel in conformance with Town of Ithaca land use regulations; December 3, 2014 12    2. Retention of a public easement across the sub-parcel for access by vehicles and pedestrians to the City-owned Southwest Natural Area located east of the railroad tracks bounding the sub-parcel; and 3. Purchaser shall be responsible for the following costs in addition to the bid purchase price: • Lot subdivision and consolidation • Sellers closing cost expenses, including legal, title and boundary survey as applicable. B. The Mayor, subject to advice of the City Attorney, is hereby authorized to execute agreements to implement this resolution, including but not limited to a purchase and sale agreement and conveyance of deed. C. Expenses of the IURA directly associated with marketing and sale of the property shall be reimbursed from sale proceeds. Section 2. Effective Date. This ordinance shall take effect immediately. Carried Unanimously MAYOR’S APPOINTMENTS: 14.1 Recommendation to Tompkins Consolidated Area Transit Board: Alderperson Murtagh explained that his term is expiring on the TCAT Board and he needs to step down due to other commitments. He noted that he also serves as the Board’s Secretary/Treasurer. The City holds three seats on the Board. The other two seats are currently held by former Superintendent of Public Works Bill Gray, and former Alderperson Jennifer Dotson. He suggested nominating Chief of Staff Kevin Sutherland to fill this seat as he has a strong connection to the County, he works closely with the Mayor, he has a background in finances and budgeting, and has also worked with Sustainable Strategies who TCAT will be working closely with in 2015. The TCAT vote on Board members is scheduled for tomorrow; however he will request that it be deferred until next month. Alderperson Clairborne explained that traditionally these positions have been held by Common Council members. The appointment of Mr. Sutherland would mean that two positions would be filled with staff members and there would be no current representation of Common Council on the Board. Alderperson McCollister noted that TCAT is facing serious budget issues and should be looking for members with financial backgrounds. Mayor Myrick noted that he heard from all Common Council members regarding the number of liaison appointments they have and no one expressed a willingness to take on additional work. Alderperson Murtagh commented that these are very demanding positions. Common Council agreed to make a recommendation on filling this position at its January 7, 2015 meeting. 14.2 Appointment to Planning and Development Board – Resolution By Alderperson McGonigal: Seconded by Alderperson Kerslick RESOLVED, That Mark Darling be appointed to the Planning and Development Board to fill a vacancy as the liaison from the Board of Public Works, with a term to expire December 31, 2016. Carried Unanimously REPORT OF CITY CLERK: City Clerk Holcomb reported that the December Orientation session would be postponed until 2015. REPORT OF CITY ATTORNEY: City Attorney Lavine reported that a local landlord plead guilty to 350 violations of local and state property maintenance codes for a house located on Plain Street. The landlord signed two Affidavits of Confession of Judgment, each for $25,000, one immediately conveyed to the City and the other held by the Court, along with a deed to the property. He agreed to remedy every violation and bring the house in compliance with all codes within a period of approximately four months, with the failure to do so December 3, 2014 13    resulting in payment of the second $25,000 installment along with forfeiture of the property to the City of Ithaca. City Attorney Lavine also reported that a Federal Employment Lawsuit filed by a former Housing Inspector claiming discrimination was dismissed without trail. The Judge found that the employee was terminated for poor performance and discrimination was not a factor. MINUTES FROM PREVIOUS MEETINGS: Approval of the November 5, 2014 and November 13, 2014 Common Council Meeting Minutes – Resolution This item was deferred to the January 2015 meeting. Motion to Enter into Executive Session: By Alderperson McCollister: Seconded by Alderperson Kerslick RESOLVED, That Common Council enter into Executive Session to discuss the employment history of an individual employee. Carried Unanimously (8-0) Reconvene: Common Council reconvened into Regular Session with no formal action taken. ADJOURNMENT: On a motion the meeting adjourned at 8:50 p.m. ______________________________ _______________________________ Julie Conley Holcomb, CMC Svante L. Myrick City Clerk Mayor