HomeMy WebLinkAboutMN-CC-2009-04-16COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Special Meeting 7:30 p.m. April 16, 2009
PRESENT:
Mayor Peterson
Alderpersons (9) Coles, Rosario, Clairborne, Tomlan, Zumoff, Schuler,
Myrick, Cogan, Korherr
OTHERS PRESENT:
City Clerk – Conley Holcomb
City Attorney – Hoffman
Planning & Development Director – Cornish
Deputy Director of Economic Development - DeSarno
Community Development Director – Bohn
Superintendent of Public Works – Gray
EXCUSED:
Alderperson Dotson
PLEDGE OF ALLEGIANCE:
Mayor Peterson led all present in the Pledge of Allegiance to the American Flag.
SPECIAL ORDER OF BUSINESS:
2.1 Downtown Commons Upper Story Housing Project – Authorization of
Restore NY Communities Initiative Round #3 Funding Application – Resolution
By Alderperson Rosario: Seconded by Alderperson Clairborne
WHEREAS, on February 9, 2009, Empire State Development Corporation ESDC
announced the availability of $150 million in funding for Round No. 3 of the Restore NY
Communities Initiative (Restore NY) program to reimburse up to 90 percent of the costs
of municipally-sponsored private/public projects to demolish, deconstruct, rehabilitate
and reconstruct vacant, abandoned, condemned and surplus residential and
commercial properties, and
WHEREAS, the goals of the Restore NY program are to (1) revitalize urban centers, (2)
induce commercial investment, and (3) improve the municipal housing stock, and
WHEREAS, cities with populations under 40,000 are eligible to submit one project not to
exceed a request for $2.5 million in Round No. 3 Restore NY funding, and
WHEREAS, a “project” may include redevelopment of a group of inter-related buildings
that will collectively advance downtown revitalization, and
WHEREAS, a building is considered “vacant” if at least 51percent of the building is
unoccupied, and
WHEREAS, each Restore NY award must be matched by at least a 10 percent local
match contribution, which match will be provided by the City’s private-sector partners,
and
WHEREAS, Round No. 3 Restore NY funding applications are due to be received by
ESDC by May 4, 2009, and
WHEREAS, applications must include a municipal resolution in support of the
application, proof that a public hearing was held on proposed application, and a site
control affidavit for projects located on non-municipally owned property, and
WHEREAS, the City Downtown Commons Upper Story Project seeks to redevelop
vacant portions of up to four downtown buildings located at 126-128 E. State Street,
130-132 E. State St., 135 E. State St. and 137-139 E. State Street, and
WHEREAS, each building assisted will provide ground-level commercial use and
include upper-story housing, and
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WHEREAS, final project cost budgets and bank financing commitments for each
building project are still under development so the final division of grant funds to each
individual building is not practical at this time, and
WHEREAS, the Common Council-endorsed Downtown Ithaca Development Strategy:
2000-2010 strongly supports upper story housing on the Commons as a critically
important component to strengthen the downtown and address housing needs; now,
therefore, be it
RESOLVED, That the City of Ithaca Common Council hereby endorses submission of
an application for the Downtown Commons Upper Story Housing project for up to $2.5
million in grant funding from Round No. 3 of the Restore NY program, and be it further
RESOLVED, That the City of Ithaca Common Council hereby finds the proposed project
is consistent with the existing local and regional plans; that the proposed financing is
appropriate for the specific project; that the project facilitates effective and efficient use
of the existing and future public resources so as to promote both economic
development and preservation of community resources; and where applicable, the
project develops and enhances infrastructure and/or facilities in a manner that will
attract, create, and sustain employment opportunities, and be it further
RESOLVED, That the Mayor, upon advice from the City Attorney, is hereby authorized
to take all actions necessary to submit a Restore NY application in accordance with this
resolution, including, but not limited to, certification of the application, and be it further
RESOLVED, should funding requested by private-sector partners exceed $2.5 million,
then final allocation of Restore NY grant funds shall be decided by the Mayor in
conjunction with the Chair of the City Administration Committee and the City Controller
to maximize public benefit, scoring criteria and to address project feasibility, and
RESOLVED, That, if awarded, the Mayor, upon advice from the City Attorney, is hereby
authorized to execute a funding agreement with ESDC and any other documents
necessary to receive the Restore NY grant, and be it further
RESOLVED, That if the City accepts a Restore NY award, the IURA is hereby
authorized to administer and implement the Restore NY grant award on behalf of the
City and shall be reimbursed for any reasonable costs incurred in complying with
Restore NY requirements.
Community Development Director Bohn explained that the Restore NY grant application
is due May 4, 2009 and requires a Common Council Resolution. He noted that this is a
competitive grant program that will provide a 90 percent reimbursement of expenses.
The remaining 10 percent can be derived from private developers, so there would be no
“out of pocket” expenses to the City. Director Bohn further explained that he believes
they have developed a strong upper-story re-development project that would improve
three properties and include four buildings: Petrune, The Dollar Store, Benchwarmer’s
Restaurant, and the Night & Day building. He noted that all of these buildings are either
vacant or the construction plans are such that no businesses will be displaced. The
proposed project would result in 35 new housing units and 2 new storefronts: one retail
store, and one restaurant.
Discussion followed on the floor with Alderperson Zumoff questioning whether any of
these re-development projects would be undertaken without the grant funding. Director
Bohn noted that although the upper-story re-development projects have been discussed
for years, each project has a large financial gap to fill so without some type of alternate
funding or subsidy, it is unlikely that these projects would be completed.
Alderperson Zumoff further questioned when construction would begin if the project
were funded, and what the construction feasibility would be given the space limitations
on the Commons. Director Bohn responded that if funded, these projects would most
likely not be undertaken until the Spring, 2010. He further explained that it is never
easy to construct in an urban environment but the architects that have been selected for
this project have experience with these types of projects and are familiar with Ithaca.
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Alderperson Clairborne questioned if any of the proposed new housing units would be
affordable. Director Bohn explained that the new housing units will be middle-income,
market-rate apartments similar to Cayuga Place and Center Ithaca due to the
construction cost and tight budget constraints. Alderperson Clairborne reaffirmed his
commitment to making a percentage of new housing units affordable to address the
needs of the community. Alderperson Coles noted that she supports Alderperson
Clairborne’s questions regarding affordable housing and stated that as this grant is
funded through public monies, and given the difficult economic climate, it would be very
appropriate for affordable housing units to be developed.
Alderperson Schuler questioned whether any thought had been given to revitalizing the
historic designs of previous buildings on the Commons such as the former J.J.
Newberry’s building. Director Bohn explained that all of the building designs and plans
have to be reviewed by the State Historic Preservation Office due to the Commons
being listed on the National Register of Historic Places.
Alderperson Korherr questioned whether these were the only four buildings that met the
grant criteria, or the only requests received. Director Bohn explained that the project
selection was made primarily due to the timing of the grant application. The Downtown
Ithaca Alliance assisted in the selection process. He further noted that the properties
had to meet a 51% vacancy test, and some properties could not meet that requirement.
Alderperson Zumoff questioned whether this grant application would be an “all or
nothing” package. Director Bohn stated that the City would be submitting the
application as one project. The State may alter the grant award amount which would
result in modification to the project plans.
Further discussion followed on the floor regarding the viability of apartments being
located over, or in close proximity to, bars and restaurants.
Alderperson Tomlan stated that she is delighted to see this application and appreciated
the measures being proposed to respect the historic character of the buildings while
blending them with modern activities and facilities.
Alderperson Rosario stated that he is excited and pleased to see the application and
appreciates the risks that the private developers are willing to take to invest in
downtown. He further voiced his appreciation for the hiring of local businesses to
develop this project.
Mayor Peterson noted that the City has been talking about upper story development for
the past three decades and stated that the City would work to make this application as
strong as possible.
A vote on the Resolution resulted as follows:
Carried Unanimously
2.2 Adoption of Climate Smart Community Pledge – Resolution
By Alderperson Korherr: Seconded by Alderperson Coles
WHEREAS, the City of Ithaca (hereinafter "local government") believes that climate
change poses a real and increasing threat to our local and global environments that is
primarily due to the burning of fossil fuels; and
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WHEREAS, the effects of climate change will endanger our infrastructure, economy and
livelihoods; harm our farms, orchards, ecological communities, including native fish and
wildlife populations; spread invasive species and exotic diseases; reduce drinking water
supplies and recreational opportunities; and pose health threats to our citizens; and
WHEREAS, we believe that our response to climate change provides us with an
unprecedented opportunity to save money, and to build livable, energy-independent and
secure communities, vibrant innovative economies, healthy and safe schools, and
resilient infrastructures; and
WHEREAS, we believe the scale of greenhouse gas (GHG) emissions reductions
required for climate stabilization will require sustained and substantial efforts; and
WHEREAS, we believe that even if emissions were dramatically reduced today,
communities would still be required to adapt to the effects of climate change for
decades to come, it is hereby
RESOLVED, That the City of Ithaca, in order to reduce greenhouse gas emissions and
adapt to a changing climate will
1. Pledge to Combat Climate Change by Becoming a Climate Smart Community
Set goals to reduce GHG emissions and adapt to predicted climatic changes. Establish
a task force of local officials and community members to review the issues and propose
a plan of action. Designate a point person who will oversee climate change initiatives
and publicly report on progress. Work cooperatively with similar task forces in
neighboring communities to ensure that efforts compliment and reinforce one another.
As an official signal of commitment and for access to technical resources, sign on to a
widespread climate campaign such as ICLEI Local Governments for Sustainability -
Climate Protection campaign.
2. Set Goals, Inventory Emissions, Move to Action
Gather data, inventory GHG gas emissions, and establish baselines for local
government operations and community sectors. Develop quantifiable interim GHG
emission targets consistent with emission reduction goals and propose a schedule and
financing strategy to meet them. Encourage stakeholder and public input and develop
an action plan. Report emissions to The Climate Registry (TCR), which has developed a
standardized method for reporting emissions inventories; use ICLEI and TCR's tools to
track and evaluate progress.
3. Decrease Energy Demand for Local Government Operations
Adopt a goal of reducing electricity use by 15 percent from projected levels no later than
2015.
A. Existing Public Facilities. Inventory current building electricity usage and identify
opportunities for conservation and efficiency retrofits. Obtain energy assessments from
the New York State Energy Research and Development Authority (NYSERDA), the New
York Power Authority, the Long Island Power Authority or other professionals. Consider
actions such as purchasing energy efficient equipment and appliances, such as
ENERGY STAR®; improving lighting, heating, and cooling efficiency; setting
thermostats for maximum energy conservation; decreasing plug load from office
equipment; and increasing pump efficiency in water and wastewater systems.
B. New Public Buildings. Achieve at least minimum U.S. Green Building Council
Leadership in Energy and Environmental Design standards (LEED Silver) for all new
local government buildings.
C. Infrastructure. Incorporate energy efficient technologies and operations and
maintenance practices into municipal street lighting, traffic signals, and water and
wastewater treatment facilities.
D. Vehicle Fleet and Commuting. Improve the average fuel efficiency of local
government fleet vehicles. Discourage vehicle idling and encourage bicycling, car-
pooling and public transit for employees. Consider reducing the number of vehicles;
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converting fleet vehicles to sustainable alternative fuels; and using electric vehicles
where possible.
4. Encourage Renewable Energy for Local Government Operations
Supply as much of the local government's power, heat and hot water needs as possible
from solar, wind, and small hydro through purchase or direct generation.
5. Realize Benefits of Recycling and Other Climate Smart Solid Waste
Management Practices
Expand the "reduce, reuse and recycle" approach to waste management in local
government operations and in the whole community. Reduce the amount of solid waste
generated -- promote backyard composting, implement volume-based pricing and
educate residents on how to prevent waste. Promote reuse by organizing community-
wide yard sales, and providing a space for drop-off or trade of reusable goods. Provide
recycling receptacles in local government buildings and outdoor spaces, require duplex
printing in government offices, compost food scraps and green waste, and adopt a
comprehensive green purchasing program.
6. Promote Climate Protection through Community Land Use Planning
Combat climate change by encouraging low-emissions development that is resilient to
climatic changes. When updating land use policies, building codes or community plans,
include provisions to combat climate change; reduce sprawl; preserve and protect open
space, biodiversity, and water supplies; promote compact, transit-oriented, bikeable and
walkable communities; promote infill development; minimize new development in
floodplains; maintain or establish healthy community forests; and promote best forest
management practices and encourage tree planting, especially along waterways, to
increase shading and to absorb carbon dioxide.
7. Plan for Adaptation to Unavoidable Climate Change
Evaluate risks from unavoidable climate change, set adaptation goals and plan for
adaptation. Identify climate change impacts (such as flooding, drought, and extreme
temperatures) that could affect the community. Identify areas such as water supply and
sewer infrastructure that may be at risk due to sea-level rise and future changes in
climate. Factor risks into long-term investments and decision-making. Execute climate
change adaptation and preparedness measures through local government planning,
development and operations, giving priority to the highest risk areas.
8. Support a Green Innovation Economy
Identify opportunities to incorporate climate protection, sustainability and environmental
goods and service industries into economic development plans. Encourage workforce
development training and school curricula that support the emerging green collar job
sector, including renewable energy and energy efficiency, as well as climate smart solid
waste management practices. Procure climate smart goods and services for local
government operations and support modernizing of local and national electricity grids.
9. Inform and Inspire the Public
Lead by example. Highlight local government commitment to reducing energy use,
saving tax dollars, and adapting to changing conditions. Demonstrate the benefits of
energy savings, energy efficiency, and renewable energy projects by hosting open
houses; distributing fliers; holding local meetings; working with school districts, colleges,
and universities to develop climate change curricula and programs; engaging faith-
based communities in climate protection; and regularly communicating community
climate protection goals and progress to constituents.
10. Commit to an Evolving Process
Acknowledge that research and policy on climate protection are constantly improving
and evolving. Be willing to consider new ideas and commit to update plans and policies
as needed. Compare successes, cooperate and collaborate with neighboring
communities to redirect less-effective actions and amplify positive results.
Alderperson Zumoff stated that he could support the Resolution if the words “primarily
due to” in the first Whereas clause were removed as he does not believe that it has
been conclusively proven that the burning of fossil fuels is the primary cause of climate
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change. Discussion followed on the floor with Council members and the Mayor voicing
their opposition to changing the language in the first Whereas clause.
Alderperson Schuler stated that she felt the vehicle idling language in Section 3 (D)
should be strengthened.
Alderperson Clairborne noted that the language in Section 3(B) is inconsistent as there
is a difference between minimum LEED standards and LEED Silver. He suggested that
the reference to LEED Silver be removed from the Resolution. Alderperson Rosario
stated that he would support that clarification.
Alderperson Myrick left the meeting at 8:25 p.m.
Alderperson Clairborne noted that there is still a lot of work to be done on this initiative
and questioned who would be completing the work and monitoring the progress. Mayor
Peterson responded that the Local Action Plan Committee and City staff is working on
various components of the pledge:
Building Commissioner Radke is working on the re-use of building materials
Don Parker, DPW is working on green fleet and bio-diesel issues
Kent Johnson, Engineering is working on transportation issues
Roxy Johnston, Water & Sewer is working on water issues
Sean Vormwald, Mayor’s Office is working approximately 15 hours per week on various
issues.
Amending Resolution:
By Alderperson Rosario: Seconded by Alderperson Korherr
RESOLVED, That an additional Resolved clause be added to the Resolution that reads
as follows:
“and, be it further
RESOLVED, That the City of Ithaca will implement these measures as cost effectively
as possible.”
Carried Unanimously (8-0)
Alderperson Myrick absent from vote
Amending Resolution:
By Alderperson Clairborne: Seconded by Alderperson Korherr
RESOLVED, That the first Resolved clause be amended to read as follows:
“RESOLVED, That the City of Ithaca, in order to reduce GHG emissions and adapt to a
changing climate will strive to implement the following measures:”
Carried Unanimously (8-0)
Alderperson Myrick absent from vote
Alderperson Tomlan noted that she did not have an opportunity to read all of the
material and although she is sure that she would support most of it, she doesn’t feel
comfortable voting on the legislation. As the Rules of Procedure don’t allow her to
recuse herself from the vote, she will need to vote against the Resolution.
Alderperson Rosario noted that he would be more comfortable voting on general
principles instead of specific actions.
A vote on the Resolution resulted as follows:
Ayes (6) Coles, Clairborne, Rosario, Schuler, Korherr, Cogan
Nays (2) Zumoff, Tomlan
Alderperson Myrick absent from vote
Carried (6-2)
2.3 Discussion of Water Plant Issues
Director of Planning & Development Cornish and Superintendent of Public Works Gray
joined Common Council in discussion. City Attorney Hoffman distributed a possible
timeline for Water Plant meetings and decisions.
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City Attorney Hoffman explained that the Board of Public Works as Lead Agency will
develop findings for two possible proposed actions but does not have decision making
authority. Common Council will need to develop their own findings and make a decision
as to which water option they will choose. The findings must support the decision that
has been made, and must include a written rationale for the decision taking into
consideration factors such as environmental, economic, and social issues.
Alderperson Cogan questioned whether a decision could be made before the
development of a findings statement so that parallel statements don’t have to be written.
City Attorney Hoffman stated that Common Council should wait until the Final
Environmental Impact Statement (FEIS) is complete before indicating a direction for the
consultant to pursue on the Findings Statement.
Alderperson Korherr left the meeting at 9:00 p.m.
Alderperson Coles advocated for an abbreviated meeting schedule as budget sessions
will begin in October, elections are in November, and after the first of the year there
could be a new Council.
Alderperson Cogan acknowledged that both water options are viable and expressed
concern that the Findings Statement could discredit one option over the other. He
suggested that Council develop language that would identify the determining factor of
the decision without making derogatory statements about the other option.
Further discussion followed on ways to abbreviate the meeting schedule and schedule
topics that balanced the discussions. Mayor Peterson asked the City Clerk’s Office to
work to find a Special meeting date as soon as possible.
ADJOURNMENT:
On a motion the meeting adjourned at 9:40 p.m.
______________________________ _______________________________
Julie Conley Holcomb, CMC Carolyn K. Peterson,
City Clerk Mayor