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HomeMy WebLinkAboutMN-CC-2015-06-03COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 6:00 p.m. June 3, 2015 PRESENT: Mayor Myrick Alderpersons (9) Brock, McGonigal, Murtagh, Clairborne, McCollister, Fleming, Smith, Kerslick, Mohlenhoff OTHERS PRESENT: City Clerk – Conley Holcomb City Attorney – Lavine City Controller – Thayer Building - Planning & Development Director – Cornish Superintendent of Public Works – Thorne Assistant Superintendent of Water & Sewer - Whitney Deputy Human Resources Director – Saul Manager of Organizational Development – Moskowitz Police Chief – Barber Deputy Police Chief – Tyler Deputy Police Chief - Monticello City Chamberlain – Parsons Chief of Staff – Sutherland EXCUSED: Alderperson Martell PLEDGE OF ALLEGIANCE: Mayor Myrick led all present in the Pledge of Allegiance to the American Flag. ADDITIONS TO OR DELETIONS FROM THE AGENDA: Planning & Economic Development Committee: Alderperson Murtagh requested the deletion of Item 9.1- An Ordinance to Amend the City of Ithaca Municipal Code, Chapter 325, Entitled “Zoning” in Order to Amend the Required Rear Yard Setback in the MH-1 Zoning District. He noted that environmental concerns had been raised and recommended deferring consideration of this item until the next meeting. SPECIAL PRESENTATIONS BEFORE COUNCIL: 5.1 Presentation Regarding the Rollout of the City’s Body Camera Program By City Attorney Lavine and Ithaca Police Chief Barber City Attorney Lavine and Police Chief Barber gave a presentation on the body camera initiative that the Ithaca Police Department will be implementing later this summer. This initiative has been a joint effort between IPD, the City Attorney’s Office, Department of Public Information & Technology, Mayor’s Office, members of Common Council, and the Tompkins County Sheriff’s Office. A camera will be assigned to each police officer and will worn on the front of the uniform in order to facilitate easy access to turn it on and off. It has a 30 second pre-record video loop that is available once the camera is activated (audio is not recorded for that time period). The image that the camera catches is similar to what the human eye would see (it does not have night vision capabilities, etc.). At the end of a shift, the camera will be put into the docking station to recharge the battery and upload all videos to the archiving system. Videos will be retained in accordance with the New York State Records Retention Schedule based on the nature of the offense. Videos are subject to FOIL requests and may be redacted pursuant to applicable laws as other city records are. The Police Chief has developed a General Order regarding the use of body cameras by police officers. The General Order covers topics such as:  Assignment of cameras  Maintenance of cameras  Activation of recording June 3, 2015 2  Duration of recording  Maintenance of and access to videos  Training A question and answer period followed with members of Council. Alderperson Clairborne questioned whether vehicle dash cameras would also be utilized. Police Chief Barber explained that dash cameras have a limited view/purpose and body cameras are a higher priority as they capture more images/views. He stressed the need for uniformity in the deployment of this program. City Attorney Lavine explained the 5 year budget associated with this project that includes the cost of cameras, software licenses and data storage. Year 1 costs are $74,000; years 2-5 costs are $29,000 per year with a total 5-year project cost of $192,000. Further discussion followed on ways to evaluate the success of this program. 5.2 Commons Project Update – Superintendent of Public Works & Staff Michael Kuo, Commons Project Manager; Tammy Baker, Commons Project Team; JoAnn Cornish, Director of Planning, Building, Zoning & Economic Development; and Michael Thorne, Superintendent of Public Works provided a status update on the Commons project A question and answer period followed with members of Common Council. Alderperson McCollister asked what options were available to adjust the placement of the traffic signal which obstructs one of the letters in the “Ithaca Commons” sign on the east end gateway structure. Mr. Kuo responded that the Project Team is reviewing different possibilities such as raising/lowering the signal head, moving the sign to the left, etc. Discussion followed regarding the fact that the west end gateway structure/sign and traffic signal would have the same issues and the question arose as to whether it was needed. Planning Director Cornish responded that wayfinding signs are very important to visitors who are looking for the Commons and can’t find it. Alderperson Murtagh asked about the timeline for the fountain installation. Project Manager Kuo stated that the consultant is working on a scaled down model of the original fountain design and that has created a delay in the timeline. He stated that the fountain would be installed in late October if full funding is available. Discussion followed regarding the possibility of temporarily finishing the space; however, it is cost prohibitive to do so. Alderperson Kerslick suggested that a project analysis be conducted after the completion of the project. He also pointed out that some of the permanent seating needs to be adjusted as the chairs are rubbing against the tables and creating chips in the finish. Alderperson Smith questioned whether the project could include freshening up the pavement in merchant doorways to match the new pavers. The Project Team noted that there is no funding for the work and it is private property which is another complication. Alderperson Brock stated that she wasn’t aware that the fountain had been approved. She stated that Common Council needs more information regarding the fountain costs and future maintenance costs, and should have the ability to vote on whether the fountain is included in the project or not. Alderperson Fleming voiced her opposition to the installation of the fountain due to maintenance concerns and also stated that she was also fine with the idea of not installing the west end gateway structure/sign. Planning Director Cornish reminded Council that the Commons project plan was approved three years ago and the Commons Client Committee and Project team have been working diligently to implement it since then. June 3, 2015 3 5.3 Dam Project Considerations – Superintendent of Public Works & Staff Superintendent of Public Works Thorne and Assistant Superintendent of Water & Sewer gave a presentation on the status of the Six Mile Creek 60 foot dam that included information about:  the safety concerns and Federal regulations that mandate the action needed  the stability analysis of the dam  projected dam safety project costs  proposed project schedule A question and answer period followed with members of Council regarding silt removal efforts and the possibility of decommissioning and removing the 30 foot dam and Van Natta’s dam in the future. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: The following people addressed Common Council: Adil Griguitti, Casablanca Pizzeria, thanked Michael Kuo and Tammy Baker for their hard work on the Commons project, and thanked Common Council for their support of the project. He expressed concerns regarding future maintenance of the Commons and the City’s ability to address various behavioral issues that have been exhibited on the Commons. Betsy Darlington, City of Ithaca, spoke in support of removing the Lake Street properties from the public auction list, noting that this is a rare opportunity to ensure that these parcels are not built on. Joel Harlan, Town of Newfield, spoke in support of body cameras for the Ithaca Police Department, and improved fire safety in Collegetown. Walter Hang, City of Ithaca, spoke in opposition to the MH-1 zoning proposal, stating that it would inappropriately permit housing to be located on an abandoned landfill that was never remediated or capped and contains contaminated soil. Dan Hoffman, City of Ithaca, thanked the Planning & Economic Development Committee for their work on the legislation for the Lake Street properties. He noted that the two Resolutions do not have the same language in regards to rezoning the parcels as P-1 and requested that this be corrected before Council votes on the Resolution. He further spoke in favor of Council conducting a community dialog regarding what happens next with those parcels. Ashley Miller, read a letter sent by Andy Zepp regarding removing the vacant house and associated land near Ithaca Falls from the public auction list. Margherita Fabrizio, urged Council to protect the iconic Ithaca Falls by removing the two properties from the public auction list. Cris McKonkey, Town of Enfield, expressed his opinions regarding the use of body cameras noting that he does not believe transparency will be improved. He further spoke about the controversy that the use of body cameras has caused across the country. Amelia Kauffman, City of Ithaca, spoke in support of protecting the Ithaca Falls area. She further suggested that a small informational sign be installed at the Second Dam that states the fines for littering. She expressed her disappointment with the amount of trash that people have left behind after visiting the natural area. Stephen Nicholson, Chair of the Tompkins County Environmental Management Council, spoke about the listing and maps available of the 195 unique natural areas in Tompkins County, noting that the small Lake Street property is not currently included in the listing. Lynne Jackier, City of Ithaca, asked questions about the IPD body camera general order such as: June 3, 2015 4  What are the consequences for officers who do not abide by the order?  Who would do the redactions to the video and how would it be done?  Can videos be modified before the camera is docked and uploaded? She further expressed her belief that not informing people that they are being recorded defeats one of the primary purposes of having cameras. Pamela Johnson, City of Ithaca, requested that Common Council retain the Lake Street parcels and preserve the environmental and aesthetic value of the area. She further voiced her support for letting the public weigh in on the future use and maintenance of the property. Fay Gougakis, City of Ithaca, noted that the promised tour of Commons signage did not happen and she reported that there are no signs in the Cinemapolis area and the Tioga Street entrance that educate people about the rules of the Commons. She further shared her mixed feelings about body cameras for IPD as it relates to the cost of the system and the need for more police officers. PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR: City Attorney Lavine answered the questions asked about the body cameras and noted that Defense Attorneys would receive access to the videos through the District Attorney’s Office. He stated the expectation that the Body Camera General Order would be fully enforced and that each violation would warrant a specific determination which could range from a letter in a personnel file to suspensions or even termination. He further explained the FOIL process and how redactions are handled by the Records Division at IPD and approved by the City Attorney’s Office. All FOIL request determinations are appealable to the Mayor. The body cameras are sealed with internal hard drives in them. There is no way to tamper with the video prior to it being uploaded. The software that manages the video has a security feature where permissions are issued only to authorized users. There is very little risk of videos being tampered with. Alderperson Murtagh thanked Mr. Hang for sharing his concerns regarding the MH-1 zoning proposal and noted that they will be reviewed carefully. He further explained to Mr. Hoffman that the 3rd Resolved clause of the second Lake Street Resolution was inadvertently left out and has since been corrected. Alderperson Murtagh also offered his thanks to Alderperson Martell for her hard work on the Lake Street/Ithaca Falls issue. Alderperson Fleming responded to comments made regarding the enforcement of the rules on the Commons including dogs. Alderperson McGonigal addressed comments made about Ithaca Falls and the Six Mile Creek natural area. CONSENT AGENDA ITEMS: Department of Public Information and Technology: 8.1 Request of Downtown Ithaca Alliance to Offer for Sale and Consumption - Wine and Beer During the 2015 Summer Concert Series on the Ithaca Commons – Resolution By Alderperson Smith: Seconded by Alderperson Kerslick WHEREAS, the City Clerk has received a request to allow the Downtown Ithaca Alliance to offer for sale and consumption wine and beer during the 2015 Summer Concert Series on the Ithaca Commons, and WHEREAS, the City of Ithaca wishes to promote diverse uses of the Primary and Secondary Commons, including the sale and consumption of wine and beer during the 2015 Summer Concert Series, and WHEREAS, it is Common Council's responsibility to determine whether or not to allow the serving and consumption of alcohol on the Primary and Secondary Commons; now, therefore be it June 3, 2015 5 RESOLVED, That the Downtown Ithaca Alliance shall be authorized to arrange for the sale and consumption of wine and beer during the 2015 Summer Concert Series on the Ithaca Commons, and, be it further RESOLVED, That the Downtown Ithaca Alliance shall comply with all applicable state and local laws and ordinances, and shall enter into an agreement providing that it will hold the City harmless and indemnify the City on account of any claims made as the result of the sale or consumption of wine and beer on the Ithaca Commons, and, be it further RESOLVED, That the Downtown Ithaca Alliance shall, per the advice of the City Attorney, agree to maintain liability insurance in the amount of $1,000,000.00 and Dram Shop Act coverage in the minimum amount of $1,000,000.00, and shall provide evidence of such insurance to the City Clerk. Carried Unanimously 8.2 Human Resources – Establishment of Wellness Advisory Committee - Resolution By Alderperson Smith: Seconded by Alderperson Kerslick WHEREAS, physical health or wellness is a personal asset that frees one to concentrate on work, family, relationships, and hobbies; and WHEREAS, wellness is a dynamic process of learning new life skills and becoming aware of and making conscious choices toward a balanced and healthy lifestyle; and WHEREAS, wellness cannot be guaranteed by any set of actions, wellness can be improved and increased by personal choices; and WHEREAS, workplace environment, policies, and incentives can support and provide awareness for wellness choices; and WHEREAS, Article 47 of the New York State Insurance Law requires and envisions a partnership between employer and employees in directing their health insurance; and WHEREAS, employer and employees are collaborating to fund Health Insurance; and WHEREAS, the cost of health insurance and personal time lost in doctors’ offices are both directly reduced when its members are in good health; now, therefore be it RESOLVED, That the City of Ithaca seeks to become an active partner with staff in raising healthy choice awareness, promoting healthy behaviors by providing information and opportunities, and facilitating wellness action steps; and, be it further RESOLVED, That the City of Ithaca establishes a Wellness Advisory Committee that shall consist of employee volunteers charged with promoting health and wellness of staff and their family through education and program initiatives that:  Encourage habits of wellness  Increase awareness of factors and resources contributing to well-being  Inspire and empower individuals to take responsibility for their own health  Recommend action steps to create a workplace culture that encourages environmental and social support for healthy lifestyle choices And, be it further RESOLVED, That the City of Ithaca’s Human Resources Department oversees the Wellness Advisory Committee and will report progress and activities to the City Administration Committee on a quarterly basis. Carried Unanimously June 3, 2015 6 8.3 Attorney - Request to Authorize Mayor to Submit Home Rule Request for Police Officer Retirement System Change - Resolution By Alderperson Smith: Seconded by Alderperson Kerslick WHEREAS, the Common Council unanimously passed a resolution on March 4, 2015, authorizing the Mayor to submit a home rule request in support of legislation in the New York State Assembly and New York State Senate that would allow Officer Christopher Cady to change his enrollment in the Police and Fire Retirement System from a Tier 6 member in the Section 384-d Plan, to a Tier 3 member in the Section 384 Plan; and WHEREAS, legislation to permit this change has been subsequently introduced as Assembly Bill A6781 and Senate Bill S4645, and the fiscal note provided by the Retirement System does not impose any cost on the City in connection with this legislation; and WHEREAS, on May 18, 2015, the office of Senator Thomas F. O’Mara requested that Council pass a resolution authorizing the Mayor to submit the home rule request now that the state legislation has been introduced; and WHEREAS, additional background information is contained in the March 4, 2015, resolution; now, therefore be it RESOLVED, That the Mayor is authorized to request that the New York State Assembly and the New York State Senate enact the legislation as previously introduced; and, be it further RESOLVED, That the Mayor or his designee is authorized to sign and submit any documentation or related paperwork that may be required to secure this home rule legislation and allow Officer Cady to change to the Section 384 plan. Carried Unanimously 8.4 Youth Bureau (Youth Employment Services) – Request to Amend 2015 Youth Bureau Budget - Resolution By Alderperson Smith: Seconded by Alderperson Kerslick WHEREAS, the Ithaca Youth Bureau has applied for funding through the Tompkins County Workforce Investment Board and will be receiving $151,558.74 in new funding for the Tompkins County Summer Youth Employment Services Program; and WHEREAS, the goal of this program is to provide short-term subsidized internships for low-income eligible teens needing assistance in securing employment; now, therefore, be it RESOLVED, That Common Council hereby amends the 2015 Youth Bureau budget contingent upon confirmation of funding as follows: Increase anticipated revenue from Tompkins County Workforce Investment Board: A7310-4820-1200 Youth Development Administration $1,000.00 A7310-4820-1202 Youth Employment Service $142,845.64 A7310-4820-1400 Administration $7,713.10 Total $151,558.74 Increase expenses: A7310-5460-1202 Program Supplies $1,000.00 A7310-5120-1202 Part time/Seasonal $117,838.25 A7310-5125-1202 Overtime $5,000.00 A7310-5425-1202 Office Supplies $1,125.30 A7310-5445-1202 Travel & Mileage $500.00 A7310-5460-1202 Program Supplies $1,532.00 A7310-5120-1400 Part time/Seasonal $849.00 A7310-5405-1400 Telephone $777.00 A7310-5420-1400 Gas & Oil $500.00 A7310-5425-1400 Office Expense $700.00 A7310-5437-1400 Merchant Service $750.00 June 3, 2015 7 A7310-5460-1400 Program Supplies $2,090.00 A7310-5476-1401 Equipment Maintenance $401.00 A7310-5480-1401 Building Maintenance $1,507.20 A7310-9030 FICA/Medicaid $9,465.00 A7310-9040 Workers’ Compensation $523.99 Total $151,558.74 Carried Unanimously 8.5 Department of Public Works - Request to Amend Roster - Fiscal Manager Position - Resolution By Alderperson Smith: Seconded by Alderperson Kerslick WHEREAS, the Department of Public Works is the largest department in the City of Ithaca, with a complex funding and accounting structure including six (6) funds (General Fund, Water Fund, Sewer Fund, Solid Waste Fund, Sidewalk Fund and Stormwater Fund) and 62 separate accounts throughout its four divisions; and WHEREAS, the Department of Public Works receives various revenue streams from Water and Sewer billings, Streets and Facilities billings, Newman Golf Course, and parking revenues, and from outside sources such as the Consolidated Highway Improvement Program (CHIPS); and WHEREAS, the Department of Public Works is currently supported by one Administrative Coordinator, one Financial Clerk, and two Financial Management Assistants, with one open funded position previously held by a recently retired Financial Management Assistant; and WHEREAS, the Superintendent of Public Works has identified the need for developing consistent financial and accounting procedures within its four divisions for matters concerning billing, budget preparation, cost tracking, cost reporting, payroll, and budget planning, and that this consistency can be achieved through a Fiscal Manager position to supervise existing financial and accounting staff; now, therefore be it RESOLVED, That the Personnel Roster of the Department of Public Works be amended as follows: Add: One (1) Fiscal Manager Delete: One (1) Financial Management Assistant And, be it further RESOLVED, That the funding for this change shall be derived from existing funds within the Department of Public Works budget. Carried Unanimously 8.6 Fire Department – Request to Establish Capital Project for Equipment Acquisition - Resolution By Alderperson Smith: Seconded by Alderperson Kerslick WHEREAS, the Ithaca Fire Department has applied for and received notice of award of a grant through the U.S. Department of Homeland Security under the 2014 Assistance to Firefighters Grant Program in the amount of $455,000.00; and WHEREAS, the grant requires the City to contribute a local cost of $41,363.00, with the Federal cost share of $413,637.00; and WHEREAS, the grant will provide funding to purchase 65 Self-Contained Breathing Apparatus (SCBA) for the Fire Department; and WHEREAS, the 2015 authorized Fire Department budget included $44,850.00 for the purchase of SCBA and will be used for the local grant match; now, therefore be it RESOLVED, That Common Council hereby establishes Capital Project #819 Fire Department Equipment Acquisition in the amount of $455,000.00 for the purpose of said SCBA purchase; and, be it further June 3, 2015 8 RESOLVED, That the sources of funds for said Capital Project shall be: A3410-5225-12250 Fire Dept. Other Equipment $41,363.00 US Department of Homeland Security Assistance to Fire fighters Grant $413,63.00 $455,000.00 Carried Unanimously 8.7 Fire Department – Request to Amend 2015 Budget for Donation - Resolution By Alderperson Smith: Seconded by Alderperson Kerslick WHEREAS, the Ithaca Fire Department has received an anonymous donation in the amount of $24,000.00 to be used by the department to purchase a Fire Suppression Skid Unit; and WHEREAS, this firefighting vehicle will be used in various aspects of the department’s operations and has an estimated cost of $27,000.00; and WHEREAS, the additional funds needed of $3,000.00 will be derived from existing equipment funds in the Fire Department’s 2015 authorized operating accounts; now, therefore be it RESOLVED, That Common Council hereby accepts the $24,000.00 anonymous donation and amends the 2015 authorized Fire Department budget for the purchase of said firefighting vehicle as follows: Increase Revenue Account: A3410-2705 Gifts and Donations $24,000.00 Increase Appropriation Account: A3410-5225-12250 Other Equipment $24,000.00 And, be it further RESOLVED, That the additional $3,000.00 needed to purchase the firefighting vehicle shall be derived from existing equipment funds in the Fire Department’s 2015 authorized budget; and, be it further RESOLVED, That Common Council hereby gives a heartfelt “Thank You” to the anonymous donor for the funds. Carried Unanimously PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE: 9.1 An Ordinance To Amend The City of Ithaca Municipal Code, Chapter 325, Entitled “Zoning” In Order To Amend The Required Rear Yard Setback In The MH- 1 Zoning District This item was withdrawn from the agenda. A. Designation of Lead Agency – Resolution WHEREAS, State Law and Section 176-6 of the City Code require that a lead agency be established for conducting environmental review of projects in accordance with local and state environmental law, and WHEREAS, State Law specifies that, for actions governed by local environmental review, the lead agency shall be that local agency which has primary responsibility for approving and funding or carrying out the action, and WHEREAS, the proposed zoning amendment is an “Unlisted” Action pursuant to the City Environmental Quality Review (CEQR) Ordinance, which requires environmental review under CEQR; now, therefore, be it June 3, 2015 9 RESOLVED, That the Common Council of the City of Ithaca does hereby declare itself lead agency for the environmental review of the proposal to Amend the Setback Requirements of the Mobile Home (MH-1) Zoning District in Order to Reduce the Rear Yard Setback Requirement to 10’ and to Eliminate the Requirement that States that No Mobile Home May Locate Within 50’ of Any Existing Right of Way or Within 30 Feet of Any Other Property Line. B. Declaration of Environmental Significance – Resolution WHEREAS, The Common Council is considering to amend the MH-1 zoning district in order reduce the rear yard setback requirement to 10’ and to eliminate the requirement that states that no mobile home may locate within 50’ of any existing right of way or within 30’ of any other property line, and WHEREAS, the appropriate environmental review has been conducted, including the preparation of a Short Environmental Assessment Form (SEAF), dated April 22, 2015, and WHEREAS, the proposed action is a “Unlisted” Action under the City Environmental Quality Review Ordinance, and WHEREAS, the Common Council of the City of Ithaca, acting as lead agency, has reviewed the SEAF prepared by planning staff; now, therefore, be it RESOLVED, That this Common Council, as lead agency in this matter, hereby adopts as its own the findings and conclusions more fully set forth on the Short Environmental Assessment Form, dated April 22, 2015, and be it further RESOLVED, That this Common Council, as lead agency in this matter, 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. C. Adoption of Ordinance WHEREAS, the City of Ithaca has one area zoned for mobile homes, Nate’s Floral Estates, located in the Southwest Area of the City, and WHEREAS, the current MH-1 Zoning District restricts mobile home parks from locating any new mobile homes within 50 feet on any existing public way or within 30 feet of any other existing property line, and WHEREAS, when the MH-1 district was established the required setback was intended to create a visual buffer between the commercial property and the mobile home residential area, and WHEREAS, as a part of the approved site plan for Lowe’s, Benderson, the property owner, was required to place and maintain a wood fence along the property line between Nates Floral Estate, with an additional 60 foot vegetative storm water retention swale on the commercial side of the fence, and WHEREAS, the vegetated swale and fence create a visual buffer between the commercial property and Nate’s, and WHEREAS, increased property taxes, the scarcity of quality affordable housing, and the desire to live in the City, have created a renewed interest and demand for mobile home sites, and WHEREAS, given that physical buffers exist to provide visual protection to the residential area from the commercial district, and given that there is a high demand for additional mobile homes on the one mobile home park in the City, Planning staff has recommended removing the additional setback requirement and reducing the rear yard setback requirement to 10’, therefore ORDINANCE NO. June 3, 2015 10 BE IT NOW ORDAINED AND ENACTED by the Common Council of the City of Ithaca that Chapter 325 (Zoning) of the Municipal Code of the City of Ithaca is hereby amended as follows: Section 1. Chapter 325, Section 325-8, of the Municipal Code of the City of Ithaca is hereby amended in order to amend the district regulations chart, column 11, yard dimensions, in order to eliminate the front yard setback requirement in the MH-1 district, that states that no mobile home may be located within 50 feet of any existing public right of way or within 30 feet of any other property line; and to amend column 14/15, rear yard setback in order to reduce the required setback from 20% or 25’ to 10’ in the MH-1 zoning district. Section 2. Severability. If any section, subsection, sentence, clause, phrase or portion of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall not affect the validity of the remaining portions of this ordinance. Section 3. Effective date. This ordinance shall take effect immediately and in accordance with law upon publication of notices as provided in the Ithaca City Charter. 9.2 Foreclosure Property: Resolution to Withhold Tax Parcel #110.-5-9, Mulberry Street from Public Auction Designation of Lead Agency – Resolution By Alderperson Murtagh: Seconded by Alderperson Kerslick WHEREAS, the City of Ithaca Common Council is considering retention of the following parcels scheduled to be acquired through foreclosure for nonpayment of taxes and fees from public auction: Tax Map Address Use Approx. Size (sq. ft.) Assesse d Value Total Due as of 4/30/15 #110.-5-9 Mulberry St. Vacant 5,000 $2,000 $1,101.92 #12.-1-1 Lake St. Vacant 28,000$55,800 $6,991.79 #12.-1-2 401 Lake St. vacant single family dwelling 2,400$110,000 $18,382.28 and, WHEREAS, #110.-5-9, Mulberry Street, is proposed to be withheld from public auction, and WHEREAS, due to its location within the Six Mile Creek Natural Area and close proximity to Six Mile Creek, action to acquire or sell the Mulberry Street parcel is categorized as a Type I action under the City Environmental Quality Review Ordinance (CEQRO), which requires environmental review, 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 the Lead Agency shall be that local agency which has primary responsibility for approving, funding or carrying out the action, and WHEREAS, no other agency has jurisdiction to fund, approve or undertake the proposed action; now, therefore, be it RESOLVED, That the City of Ithaca Common Council does hereby declare itself Lead Agency for the environmental review of the proposed withholding of tax parcel #110.-5- 9, Mulberry Street, from the public auction. Carried Unanimously B. Declaration of Environmental Significance – Resolution By Alderperson Murtagh: Seconded by Alderperson McCollister June 3, 2015 11 WHEREAS, the City of Ithaca Common Council is considering retention of the following parcels scheduled to be acquired through foreclosure for nonpayment of taxes/fees from public auction: Tax Map Address Use Approx. Size (sq. ft.) Assesse d Value Total Due as of 4/30/15 #110.-5-9 Mulberry St. Vacant 5,000 $2,000 $1,101.92 #12.-1-1 Lake St. Vacant 28,000$55,800 $6,991.79 #12.-1-2 401 Lake St. vacant single family dwelling 2,400$110,000 $18,382.28 and, WHEREAS, #110.-5-9, Mulberry Street, is proposed to be withheld from public auction, 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 a Type I action under the City Environmental Quality Review Ordinance (CEQRO), which requires environmental review, and WHEREAS, the City of Ithaca Common Council, acting as Lead Agency for the environmental review, has reviewed and accepted as adequate a Full Environmental Assessment Form, Part 1 and Part 2, prepared by Ithaca Urban Renewal Agency staff; now, therefore, be it RESOLVED, That the City of Ithaca Common Council hereby determines that the proposed withholding of tax parcel #110.-5-9, Mulberry Street, from public auction 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 C. Tax Foreclosure Property: Resolution to Withhold Tax Parcel #110.-5-9, Mulberry Street from Public Auction By Alderperson Murtagh: Seconded by Alderperson McCollister WHEREAS, the City of Ithaca Common Council is considering retention of the following parcels scheduled to be acquired through foreclosure for nonpayment of taxes/fees: Tax Map Address Use Approx. Size (sq. ft.) Assesse d Value Total Due as of 4/30/15 #110.-5-9 Mulberry St. Vacant 5,000 $2,000 $1,101.92 #12.-1-1 Lake St. Vacant 28,000$55,800 $6,991.79 #12.-1-2 401 Lake St. vacant single family dwelling 2,400$110,000 $18,382.28 and, WHEREAS, #110.-5-9, Mulberry Street, is proposed to be withheld from public auction, and WHEREAS, the parcel is located within the Six Mile Creek Natural Area, and WHEREAS, it is the duty of the City Chamberlain to enforce the collection of tax liens on real property, and June 3, 2015 12 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, it is the policy of the City to dispose of properties acquired though tax foreclosure through public auction in conjunction with Tompkins County unless the Common Council directs an alternative course of action, and WHEREAS, the Natural Areas Commission (NAC) is the City’s advisory body to coordinate city and public concerns regarding natural areas, and WHEREAS, the NAC recommends the City withhold tax parcel #110.-5-9, Mulberry Street, from the auction and retain it for “public use, designate it as parkland, and add it to the surrounding Six Mile Creek Natural Area”, 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 Common Council for the City of Ithaca hereby directs the Chamberlain to withhold tax map parcel #110.-5-9, Mulberry Street, from the public auction, and be it further RESOLVED, That the parcel shall be retained for public use and designated for inclusion in the Six Mile Creek Natural Area, and be it further RESOLVED, That the Common Council hereby directs staff to submit a request to the Tompkins County Legislature to forego collection from the City of past and future taxes due to the County on tax map parcel #110.-5-9, Mulberry Street. Discussion followed on the floor regarding the payment of property taxes. The City has already paid the school taxes and the County has agreed to forgo the back and current property taxes. The City owns the property now so it will not incur future taxes. A vote on the Resolution resulted as follows: Carried Unanimously 9.3 Tax Foreclosure Property, Withhold Tax Parcel #12.-1-1, 401 Lake Street from Public Auction – Action – Resolution A. Designation of Lead Agency – Resolution By Alderperson Murtagh: Seconded by Alderperson Kerslick WHEREAS, the City of Ithaca Common Council is considering retention of the following parcels scheduled to be acquired through foreclosure for nonpayment of taxes and fees from public auction: Tax Map Address Use Approx. Size (sq. ft.) Assesse d Value Total Due as of 4/30/15 #110.-5-9 Mulberry St. Vacant 5,000 $2,000 $1,101.92 #12.-1-1 Lake St. Vacant 28,000$55,800 $6,991.79 #12.-1-2 401 Lake St. vacant single family dwelling 2,400$110,000 $18,382.28 and, June 3, 2015 13 WHEREAS, #12.-1-1, Lake Street, is proposed to be withheld from public auction, and WHEREAS, due to its close proximity to Fall Creek and the Ithaca Falls Natural Area, action to acquire or sell #12.-1-1 is categorized as a Type I action under the City Environmental Quality Review Ordinance (CEQRO), which requires environmental review, 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 the Lead Agency shall be that local agency which has primary responsibility for approving, funding or carrying out the action, and WHEREAS, no other agency has jurisdiction to fund, approve or undertake the proposed action; now, therefore, be it RESOLVED, That the City of Ithaca Common Council does hereby declare itself Lead Agency for the environmental review of the proposed withholding of tax parcel #12.-1-1, Lake Street, from the public auction. Carried Unanimously B. Declaration of Environmental Significance – Resolution By Alderperson Murtagh: Seconded by Alderperson McCollister WHEREAS, the City of Ithaca Common Council is considering retention of the following parcels scheduled to be acquired through foreclosure for nonpayment of taxes/fees from public auction: Tax Map Address Use Approx. Size (sq. ft.) Assesse d Value Total Due as of 4/30/15 #110.-5-9 Mulberry St. Vacant 5,000 $2,000 $1,101.92 #12.-1-1 Lake St. Vacant 28,000$55,800 $6,991.79 #12.-1-2 401 Lake St. vacant single family dwelling 2,400$110,000 $18,382.28 and, WHEREAS, #12.-1-1, Lake Street, is proposed to be withheld from public auction, 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 a Type I action under the City Environmental Quality Review Ordinance (CEQRO), which requires environmental review, and WHEREAS, the City of Ithaca Common Council, acting as Lead Agency for the environmental review, has reviewed and accepted as adequate a Full Environmental Assessment Form, Part 1 and Part 2, prepared by Ithaca Urban Renewal Agency staff; now, therefore, be it RESOLVED, That the City of Ithaca Common Council hereby determines that the proposed withholding of tax parcel #12.-1-1, Lake Street, from public auction 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. Alderperson Brock questioned whether the site had been tested for lead contamination from the nearby Ithaca Gun property. She stated that if the site was contaminated, the City would have the obligation of clean-up. City Attorney Lavine explained that the City June 3, 2015 14 has already taken title to the property and thereby has already absorbed any liability of potential contamination. He clarified that this Resolution is to decide whether to retain the property or send it to the public auction. A vote on the Resolution resulted as follows: Ayes (8) McGonigal, Clairborne, Murtagh, McCollister, Fleming, Smith, Kerslick, Mohlenhoff Nays (1) Brock Carried (8-1) C. Tax Foreclosure Property, Withhold Tax Parcel #12.-1-1 from Public Auction - Action By Alderperson Murtagh: Seconded by Alderperson McCollister WHEREAS, the City of Ithaca Common Council is considering retention of the following parcels scheduled to be acquired through foreclosure for nonpayment of taxes/fees: Tax Map Address Use Approx. Size (sq. ft.) Assesse d Value Total Due as of 4/30/15 #110.-5-9 Mulberry St. Vacant 5,000 $2,000 $1,101.92 #12.-1-1 Lake St. Vacant 28,000$55,800 $6,991.79 #12.-1-2 401 Lake St. vacant single family dwelling 2,400$110,000 $18,382.28 and, WHEREAS, #12.-1-1, Lake Street, is proposed to be withheld from public auction, and WHEREAS, the parcel is located adjacent to the Ithaca Falls Natural Area and within the boundary area of the river corridor of lower Fall Creek that is designated as a New York State Recreational River, 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, it is the policy of the City to dispose of properties acquired though tax foreclosure through public auction in conjunction with Tompkins County unless the Common Council directs an alternative course of action, and WHEREAS, the Natural Areas Commission (NAC) is the City’s advisory body to coordinate city and public concerns regarding natural areas, and WHEREAS, the NAC recommends the City withhold tax parcel #12.-1-1 from the auction and retain it for “public use, designate it as parkland, rezone it to P-1, and add it to the adjacent Ithaca Falls Natural Area”, 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 June 3, 2015 15 RESOLVED, That the Common Council for the City of Ithaca hereby directs the Chamberlain to withhold tax map parcel #12.-1-1, Lake Street, from the public auction, and be it further RESOLVED, That the parcel shall be retained for public use and designated for inclusion in the Ithaca Falls Natural Area, and be it further RESOLVED, That staff is directed to begin the process to consider rezoning the parcel to a P-1 zoning district, and be it further RESOLVED, That the Common Council hereby directs staff to submit a request to the Tompkins County Legislature to forego collection from the City of past and future taxes due to the County on tax map parcel #12.-1-1, Lake Street. Alderperson Brock expressed concerns about the unknown environmental status of the parcel and the liability associated with it being in close proximity to Ithaca Gun site. She stressed that due diligence should be taken before a decision is made. City Attorney Lavine explained that the Judge has issued the order and the filing of deeds may have already been completed. Alderperson Murtagh shared the following comments from Alderperson Martell: “While I cannot be there to vote in person, as you all know, I'm very much in favor of retaining both parcels of land, rezoning both to P-1 and incorporating them both into the Ithaca Falls Natural Area. In addition, I'd like to recommend that the task of coordinating a public process around how to best use the parcel with the house on it (12-1-2) be delegated to the Natural Areas Commission. The NAC can consider all options and provide recommendations, with both staff and public input, on how to best proceed. I would be happy to contribute significantly to this process. Finally, I'd like to thank all the members of the NAC, members of the public and the Council members, who have worked hard to preserve this iconic landmark of ours.” A vote on the Resolution resulted as follows: Carried Unanimously 9.4 Tax Foreclosure Property, Withhold Tax Parcel #12.-1-2, 401 Lake Street from Public Auction – Action - Resolution A. Designation of Lead Agency – Resolution By Alderperson Murtagh: Seconded by Alderperson Kerslick WHEREAS, the City of Ithaca Common Council is considering retention of the following parcels scheduled to be acquired through foreclosure for nonpayment of taxes and fees from public auction: Tax Map Address Use Approx. Size (sq. ft.) Assesse d Value Total Due as of 4/30/15 #110.-5-9 Mulberry St. Vacant 5,000 $2,000 $1,101.92 #12.-1-1 Lake St. Vacant 28,000$55,800 $6,991.79 #12.-1-2 401 Lake St. vacant single family dwelling 2,400$110,000 $18,382.28 and, WHEREAS, 401 Lake St. (#12.-1-2) is proposed to be withheld from public auction, and WHEREAS, due to its close proximity to Fall Creek and the Ithaca Falls Natural Area, the proposed sale of 401 Lake Street is categorized as a Type I action under the City Environmental Quality Review Ordinance (CEQRO), which requires environmental review; and WHEREAS, State Law and Section 176.6 of CEQRO require that a Lead Agency be June 3, 2015 16 established for conducting environmental review of proposed actions in accordance with local and state environmental law; and WHEREAS, State Law specifies that the Lead Agency shall be that local agency which has primary responsibility for approving, funding or carrying out the action; and WHEREAS, no other agency has jurisdiction to fund, approve or undertake the proposed action; now, therefore, be it RESOLVED, That the City of Ithaca Common Council does hereby declare itself Lead Agency for the environmental review of the proposed withholding of 401 Lake Street, #12.-1-2, from the public auction. Carried Unanimously B. Declaration of Environmental Significance – Resolution By Alderperson Murtagh: Seconded by Alderperson Smith WHEREAS, the City of Ithaca Common Council is considering retention of the following parcels scheduled to be acquired through foreclosure for nonpayment of taxes/fees from public auction: Tax Map Address Use Approx. Size (sq. ft.) Assesse d Value Total Due as of 4/30/15 #110.-5-9 Mulberry St. Vacant 5,000 $2,000 $1,101.92 #12.-1-1 Lake St. Vacant 28,000$55,800 $6,991.79 #12.-1-2 401 Lake St. vacant single family dwelling 2,400$110,000 $18,382.28 and, WHEREAS, 401 Lake St. (#12.-1-2) is proposed to be withheld from public auction, 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 a Type I action under the City Environmental Quality Review Ordinance (CEQRO), which requires environmental review, and WHEREAS, the City of Ithaca Common Council, acting as Lead Agency for the environmental review, has reviewed and accepted as adequate a Full Environmental Assessment Form, Part 1, Part 2 and Part 3, prepared by Ithaca Urban Renewal Agency staff; now, therefore, be it RESOLVED, That the City of Ithaca Common Council hereby determines that the proposed withholding of 401 Lake Street (#12.-1-2) from public auction 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 C. Tax Foreclosure Property, Withhold 401 Lake Street from Public Auction - Action By Alderperson Murtagh: Seconded by Alderperson McCollister WHEREAS, the City of Ithaca Common Council is considering retention of the following parcels scheduled to be acquired through foreclosure for nonpayment of taxes/fees: Tax Map Address Use Approx. Size (sq. ft.) Assesse d Value Total Due as of 4/30/15 #110.-5-9 Mulberry Vacant 5,000 $2,000 $1,101.92 June 3, 2015 17 St. #12.-1-1 Lake St. Vacant 28,000$55,800 $6,991.79 #12.-1-2 401 Lake St. vacant single family dwelling 2,400$110,000 $18,382.28 and, WHEREAS, 401 Lake Street (#12.-1-2) is proposed to be withheld from public auction, and WHEREAS, 401 Lake Street is located adjacent to the Ithaca Falls Natural Area and within the boundary area of the river corridor of lower Fall Creek that is designated as a New York State Recreational River, and WHEREAS, Recreational River regulations prohibit new residential construction within 150 feet of Fall Creek for parcels located within the Recreational River boundary area, effectively prohibiting new residential construction on the parcel, and WHEREAS, Recreation River regulations authorize rehabilitation, restoration, replacement or reconstruction of lawfully existing residential structures and expansion of up to 500 square feet of such residential structures, and WHEREAS, the vacant, boarded-up, single family dwelling at 401 Lake Street is a lawfully existing residence, 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, it is the policy of the City to dispose of properties acquired though tax foreclosure through public auction in conjunction with Tompkins County unless the Common Council directs an alternative course of action, and WHEREAS, should the City retain 401 Lake Street it will forego approximately $18,000 in taxes due, incur an additional $5,400 in future taxes due until tax-exempt status is established, and need to make decisions about the future of the vacant residence, and WHEREAS, to return the site to a natural character would require demolition, clearance and site restoration at an estimated cost of up to $40,000, depending on the presence of asbestos, and WHEREAS, the Natural Areas Commission (NAC) is the City’s advisory body to coordinate city and public concerns regarding natural areas, and WHEREAS, the NAC recommends withholding 401 Lake Street from the tax auction and “use the period up until the 2016 tax auction to gather public input and to study and consider the City’s options for this property, including parkland designation and inclusion in the Ithaca Falls Natural Area”, and WHEREAS, the decision to retain or sell this parcel sets public objectives to maximize tax collection, expand the property tax base and increase housing choices against competing objectives to protect the integrity of a Natural Area and support the tourism industry, and June 3, 2015 18 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 Common Council for the City of Ithaca hereby directs the City Chamberlain to withhold property located at 401 Lake Street, tax map parcel #12.-1-2, from public auction, and be it further RESOLVED, That the parcel shall be retained for public use and designated for inclusion in the Ithaca Falls Natural Area, and be it further RESOLVED, That staff is directed to begin the process to consider rezoning the parcel to a P-1 zoning district, and be it further RESOLVED, That the Common Council hereby directs staff to submit a request to the Tompkins County Legislature to forego collection from the City of past and future taxes due to the County on tax map parcel #12.-1-2, 401 Lake Street. Discussion followed regarding the intention of the wording in the Resolution. Alderperson McGonigal asked whether this action was intended to take the property off of the auction block and to take a year to plan what to do with it, or whether the intent is to include the property in the Fall Creek Natural Area without further public input. Amending Resolution: By Alderperson McGonigal: Seconded by Alderperson Clairborne RESOLVED, That the second Resolved clause be removed from the Resolution. Ayes (7) Brock, McGonigal, Clairborne, McCollister, Fleming, Smith, Mohlenhoff Nays (2) Murtagh, Kerslick Carried (7-2) Further discussion followed regarding which board or committee would be the appropriate body to discuss the future of the parcels with participation by Natural Areas Commission (Planning Board/Common Council). It was noted that in light of this action, the Planning and Economic Development Committee might want to review the Lake Street Bridge Project design and discuss improvements being made to the south side of Ithaca Falls, with Alderperson Martell being included in that discussion. Mayor Myrick thanked all of the members of the public who pursued this course of action. A vote on the Resolution resulted as follows: Carried Unanimously 9.5 Adoption of 2015 Action Plan – Housing and Urban Development (HUD) Entitlement Program - Resolution By Alderperson Murtagh: Seconded by Alderperson McCollister 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 June 3, 2015 19 WHEREAS, the 2015 Action Plan identifies a specific list of budgeted community development activities to be funded from the 2015 HUD Entitlement program allocation and associated funds administered by the IURA, and WHEREAS, funding available to be allocated through the 2015 Action Plan funding process is anticipated to include the following: $671,646.00 CDBG 2015 allocation $37,868.27 CDBG 2013 carryover $6,000.00 CDBG 2013 recaptured funds $11,636.61 CDBG 2014 carryover program income $120,000.00 CDBG 2015 projected program income $368,661.00 HOME 2015 allocation $1,215,811.88 Total and WHEREAS, the IURA utilized an open and competitive project selection process for development of the 2015 Action Plan in accordance with the City of Ithaca Citizen Participation Plan, and WHEREAS, at their April 2, 2015 meeting, the IURA adopted a recommended 2015 Action Plan; now, therefore, be it RESOLVED, That the Common Council for the City of Ithaca hereby adopts the IURA- recommended 2015 Action Plan, dated April 2, 2015 for allocation of the City’s 2015 HUD Entitlement Program award along with additional funds listed above totaling $1,215,811.88, and be it further RESOLVED, That the Urban Renewal Plan shall be amended to include activities funded in the adopted 2015 Action Plan. Discussion followed on the floor regarding the impact that funding reductions had on the programs. Alderperson McGonigal stated that he does not approve of the Hancock Street Apartment Complex project and can’t support this Resolution as a result. He voiced his opinion that it is based on a bad housing formula that includes too many units in too small a space. He noted his regret that this project has not received the same level of public engagement that the Spencer Road housing project did. He further explained that he is not opposed to affordable housing but noted that the potential for families to have bad experiences increases in cramped housing footprints. Mayor Myrick stated that he wholeheartedly supports this project, noting that these are difficult choices to make and nothing comes without costs. He shared his thoughts about the dire need for affordable housing and the opportunities it provides to Ithacans who are struggling to stay in the City. Alderperson Murtagh stated that the housing crisis in the City is acute and people who cannot afford to live in the City are being forced to the margins. He stressed how important this project is. A vote on the Resolution resulted as follows: Ayes (8) Brock, Clairborne, Murtagh, McCollister, Fleming, Smith, Kerslick, Mohlenhoff Nays (1) McGonigal Carried (8-1) June 3, 2015 20 9.6 Resolution Opposing Underground Hydrocarbon Storage Adjacent to Seneca Lake By Alderperson Murtagh: Seconded by Alderperson Brock WHEREAS, the City of Ithaca Common Council recognizes the importance of the Finger Lakes region as a whole and its economy, tourism, and watershed to the vitality of Tompkins County, and WHEREAS, the City of Ithaca Common Council is aware of the critical role played by Seneca Lake in particular for its designation as a scenic by-way, its role as a recreational asset and in promotion of tourism and viticulture, its importance to fish and wildlife, and for its role in providing drinking water for large segments of the adjacent population, and WHEREAS, the City of Ithaca Common Council has become aware that plans have been proposed for storage of liquefied propane gas and additional compressed natural gas in large quantities in abandoned salt caverns, never designed for such purposes, adjacent to Seneca Lake, and WHEREAS, it is the opinion of the City of Ithaca Common Council that the proposed industrialization of the west shore of Seneca Lake would adversely affect the economic future of the viticulture, tourism, and agricultural-based economy of the Finger Lakes region as a whole including those of Tompkins County, now therefore be it RESOLVED, on recommendation of the Planning & Economic Development Committee, that the City of Ithaca Common Council joins other municipalities in respectfully requesting that the New York State Department of Environmental Conservation withhold or rescind approval of any plan for gas storage adjacent to Seneca Lake, and be it further RESOLVED, That a copy of this resolution be forwarded to the United States Environmental Protection Agency, the Federal Energy Regulatory Commission, United States Senator Charles Schumer, United States Senator Kirsten Gillibrand, New York Governor Andrew Cuomo, New York Senate Leaders John Flanagan, Jeff Klein, and Andrea Stewart-Cousins, New York Assembly Leaders Carl Heastie and Brian Kolb, New York State Senators Michael Nozzolio, Thomas O’Mara, and James Seward, New York State Assemblyperson Barbara Lifton, Seneca County Board of Supervisors, Schuyler County Legislature, Yates County Legislature, Village of Watkins Glen Mayor and Trustees, and to the Tompkins County Council of Governments. Alderperson McGonigal noted that he grew up in Schuyler County and gas has been stored on the west side of the lake for many years. He further stated that the salt plant extended an invitation to tour the facility but the response was poor. A vote on the Resolution resulted as follows: Carried Unanimously CITY ADMINISTRATION COMMITTEE: 10.1 A Local Law to Establish a Sustainable Energy Loan Program in the City of Ithaca By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick LOCAL LAW NO. 2015-- BE IT ENACTED by the Common Council of the City of Ithaca follows: Section 1. Chapter 4 of the City of Ithaca Municipal Code entitled “Administration of Government” is hereby amended by adding and Article VII entitled “Energize NY Benefit Financing Program,” to read as follows: ARTICLE VII §4-33. Legislative findings, intent and purpose, authority. A. It is the policy of both the City of Ithaca (hereinafter, “City”) and the State of New York to achieve energy efficiency and renewable energy goals, reduce greenhouse June 3, 2015 21 gas emissions, mitigate the effect of global climate change, and advance a clean energy economy. The City finds that it can fulfill this policy by providing property assessed clean energy financing to property owners for the installation of renewable energy systems and energy efficiency measures. This chapter establishes a program that will allow the Energy Improvement Corporation (“EIC”), a local development corporation, acting on behalf of the City, to make funds available to qualified property owners that will be repaid by such property owners through charges on the real properties benefited by such funds, thereby fulfilling the purposes of this chapter and fulfilling an important public purpose. B. The City is authorized to implement this Energize NY Benefit Financing Program pursuant to Article 5-L of the New York General Municipal Law. C. This chapter shall be known and may be cited as the “Energize NY Benefit Financing Program Law of the City of Ithaca”. §4-34. Definitions For purposes of this Article, and unless otherwise expressly stated or unless the context requires, the following terms shall have the meanings indicated: Authority – The New York State Energy Research and Development Authority, as defined by subdivision two of section eighteen hundred fifty-one of the public authorities law, or its successor. EIC – the Energy Improvement Corporation, a local development corporation, duly organized under section fourteen hundred eleven of the Not-For-Profit Corporation Law, authorized hereby on behalf of the City to implement the Energize NY Benefit Financing Program by providing funds to qualified property owners (as defined in this chapter) and providing for repayment of such funds from monies collected by the City tax collector as a charge to be levied on the real property and collected in the same manner and same form as the City taxes. Energy Audit – A formal evaluation or “assessment” of the energy consumption of a permanent building or structural improvement to real property, conducted by a contractor certified by the Authority, or certified by a certifying entity approved by the Authority, for the purpose of identifying appropriate energy efficiency improvements that could be made to the property. Energy Efficiency Improvement – Any renovation or retrofitting of a building to reduce energy consumption, such as window and door replacement, lighting, caulking, weather stripping, air sealing, insulation, and heating and cooling system upgrades, and similar improvements, determined to be cost-effective pursuant to criteria established by the Authority, not including lighting measures or household appliances that are not permanently fixed to real property. Qualified Property Owner – An owner of residential or commercial real property located within the boundaries of the City that is determined to be eligible to participate in the Energize NY Benefit Financing Program under the procedures for eligibility set forth under this chapter. Renewable Energy System – An energy generating system for the generation of electric or thermal energy, to be used primarily at such property, by means of solar thermal, solar photovoltaic, wind, geothermal, anaerobic digester gas-to-electricity systems, fuel cell technologies, or other renewable energy technology approved by the Authority not including the combustion or pyrolysis of solid waste. Renewable Energy System Feasibility Study – A written study, conducted by a contractor certified by the Authority, or certified by a certifying entity approved by the Authority, for the purpose of determining the feasibility of installing a renewable energy system. June 3, 2015 22 §4-35. Establishment of an Energize NY Benefit Financing Program A. An Energize NY Benefit Financing Program is hereby established by the City, whereby EIC acting on its behalf, may provide funds to Qualified Property Owners in accordance with the procedures set forth under this chapter, to finance the acquisition, construction and installation of Renewable Energy Systems and Energy Efficiency Improvements and the verification of the installation of such systems and improvements. B. The funds provided shall not exceed the lesser of ten percent of the appraised value of the real property where the Renewable Energy Systems and/or Energy Efficiency Improvements will be located, or the actual cost of installing the Renewable Energy Systems and/or Energy Efficiency Improvements, including the costs of necessary equipment, materials, and labor and the cost of verification of such systems and improvements. §4-36. Procedures for eligibility A. Any property owner in the City may submit application to EIC on such forms as have been prepared by EIC and made available to property owners on the website of EIC and at the City offices. B. Every application submitted by a property owner shall be reviewed by EIC acting on behalf of the City, which shall make a positive or negative determination on such application based upon the criteria for making a financing enumerated in subsection A of section 5 of this chapter. EIC may also request further information from the property owner where necessary to aid in its determination. C. If a positive determination on an application is made by EIC acting on behalf of the City, the property owner shall be deemed a Qualified Property Owner and shall be eligible to participate in the Energize NY Benefit Financing Program in accordance with the procedure set forth under section 6 of this chapter; provided that in no case shall a property owner that has received funds from another municipal corporation for the acquisition, construction and installation of Energy Efficiency Improvements and/or Renewable Energy Systems be deemed a Qualified Property Owner. §4-37. Application criteria A. Upon the submission of an application, EIC acting on behalf of the City, shall make a positive or negative determination on such application based upon the following criteria for the making of a financing: 1. The proposed Energy Efficiency Improvements and/or Renewable Energy Systems are determined to be cost effective by the Authority; 2. The proposed Energy Efficiency Improvements and/or Renewable Energy Systems will generate an estimated annual cost savings greater than the annual charge payments; 3. Sufficient funds are available to provide to the property owner; 4. The property owner is current in payments on any existing mortgage; 5. The property owner is current in payments on any existing real property taxes and has been current on real property taxes for the previous three years; and 6. Such additional criteria, not inconsistent with the criteria set forth above, as the City, or EIC acting on its behalf, may set from time to time. §4-38. Opt-in, Energize Finance Agreement A. A Qualified Property Owner may participate in the Energize NY Benefit Financing Program through the execution of an Energize Finance Agreement made by and between the Qualified Property Owner and EIC, acting on the behalf of the City. B. Upon execution of the Energize Finance Agreement, the Qualified Property Owner shall be eligible to receive funds from EIC acting on behalf of the City, for the acquisition, construction, and installation of qualifying Renewable Energy Systems and Energy Efficiency Improvements; provided the requirements of section 7 of this chapter have been met. June 3, 2015 23 C. The Energize Finance Agreement shall include the terms and conditions of repayment set forth under section 8 of this chapter. §4-39. Energy audit, renewable energy system feasibility study A. No funds shall be made available for Energy Efficiency Improvements unless determined to be appropriate through an Energy Audit as defined in Section 2. B. No funds shall be made available for a Renewable Energy System unless determined to be feasible through a Renewable Energy System Feasibility Study as defined in Section 2. C. The cost of such Energy Audit and/or Renewable Energy System Feasibility Study shall be borne solely by the property owner but may be included in the financed amount if the work is approved. §4-40. Terms and conditions of repayment The Energize Finance Agreement between the Qualified Property Owner and EIC acting on behalf of the City, shall set forth the terms and conditions of repayment in accordance with the following: A. The principal amount of the funds paid to the Qualified Property Owner hereunder, together with the interest thereon, shall be paid by the property owner as a charge on its City tax bill and shall be levied and collected at the same time and in the same manner as City property taxes, provided that such charge shall be separately listed on the tax bill. The City shall make payment to EIC or its designee in the amount of all such separately listed charges within 30 days of the City tax due date. B. The term of such repayment shall be determined at the time the Energize Finance Agreement is executed by the property owner and EIC, provided that in no case shall the term exceed the weighted average of the useful life of the systems and improvements as determined by EIC acting on behalf of the City . C. The rate of interest for the charge shall be fixed by EIC acting on behalf of the City at the time the Energize Finance Agreement is executed by the property owner and EIC. D. The charge shall constitute a lien upon the real property benefited by the Energize NY Benefit Financing Program and shall run with the land. A transferee of title to the benefited real property shall be required to pay any future installments, including interest thereon. §4-41. Verification and report A. EIC shall be responsible for verifying and reporting to the City on the installation and performance of Renewable Energy Systems and Energy Efficiency Improvements financed by such program. B. The City shall verify and report on the installation and performance of Renewable Energy Systems and Energy Efficiency Improvements financed by the Energize NY Benefit Financing Program in such form and manner as the Authority may establish. Section 2. Severability. If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof but shall be confined in its operation to the clause, sentence, paragraph, section, or part thereof directly involved in the controversy in which such judgment shall have been rendered. Section 3.This local law shall take effect upon filing with the Secretary of State. Alderperson Brock voiced her opposition to this local law and noted that this is an untested program that is just beginning to be implemented in large cities with larger portfolios of properties. This program would make the City a guarantor of a loan program and there is no balance between risk and return (the city takes the risk and the June 3, 2015 24 organization gains the returns). She further noted that there are no plans to offset risk through the purchase of insurance and the City doesn’t get to vet the portfolio of assets or properties who are participating. The borrower would pay the bill as part of their tax bill; however, if the borrower doesn’t pay their taxes, the city must upfront the payments on their behalf. She also noted that while there are exemptions for permanent loss and the County has a low foreclosure rate, the recent increase in development could increase the level of risk. She voiced her opinion that it is not responsible for a municipality of our size to do this, as the City would have no ability to ensure a diverse portfolio, and the City has a narrow range of businesses eligible to participate, making any portfolio more risky. Chief of Staff Sutherland stated that the risk is extremely small. If a commercial building forecloses, the City can re-coup its costs when the building is sold. City Attorney Lavine noted that one benefit is that the City would gain a greener set of buildings. Alderperson Kerslick asked if the City would get a regular report of activity. Chief of Staff Sutherland responded that the information gets added to property tax bills so the City Chamberlain’s Office would be able to generate a report to Council. A Roll Call vote resulted as follows: Alderperson Brock –Nay Alderperson McGonigal – Aye Alderperson Clairborne – Aye Alderperson Murtagh – Aye Alderperson McCollister – Aye Alderperson Fleming – Aye Alderperson Smith – Aye Alderperson Kerslick – Aye Mohlenhoff – Aye Carried 8-1 10.2 Authorizing a Municipal Agreement Between the City of Ithaca and the Energy Improvement Corporation to Implement and Administer a Sustainable Energy Loan Program in the City of Ithaca - Resolution By Alderperson Mohlenhoff: Seconded by Alderperson Clairborne WHEREAS, by Local Law No. 2015-__, the City of Ithaca created the Energize NY Benefit Financing Program within the city that utilizes the Energy Investment Corporation (EIC), a local development corporation acting on behalf of the City, to provide Property Assessed Clean Energy (PACE) financing to assist qualified property owners who undertake energy-efficiency measures and install renewable-energy systems; and WHEREAS, a Municipal Agreement is required to establish the roles, responsibilities, and obligations of the EIC and the City in the administration of the Energize NY Benefit Financing Program; and WHEREAS, currently, Federal practice fails to enable participation by individual residential property owners; now, therefore, be it RESOLVED, That the Mayor, upon review of the City Attorney, is hereby authorized to enter into a Municipal Agreement with the Energy Improvement Corporation that shall set forth the duties and obligations of each party in connection with the City’s participation in the Energize NY Benefit Financing Program; and, be it further RESOLVED, That when Federal practice enables individual property owners to participate in this program, the City will allow participation as well. Ayes (8) McGonigal, Clairborne, Murtagh, McCollister, Fleming, Smith, Kerslick, Mohlenhoff Nays (1) Brock Carried (8-1) June 3, 2015 25 10.3 Department of Public Works - Request to Fund Stewart Park Buildings Priority Plan - Resolution By Alderperson Mohlenhoff: Seconded by Alderperson Smith WHEREAS, the Ithaca community values Stewart Park and its buildings as a unique resource worthy of preservation and revitalization; and WHEREAS, a benchmark document summarizing the condition of the various buildings at the park will prove a useful tool for program planning, fund raising, and preservation of the Stewart Park buildings; and WHEREAS, the cost for a benchmark document, including material testing is estimated at $40,000.00; and WHEREAS, programming interests of all stakeholders should be considered during the planning process; and WHEREAS, the Friends of Stewart Park and the City of Ithaca have collaborated in applying for funding for a Tourism Capital Grant for assessment of the buildings and program planning at Stewart Park; and WHEREAS, the Stewart Park Buildings Priority Plan has been awarded a $20,000.00 Tourism Capital Grant; and WHEREAS, the additional $20,000.00 needed for the Stewart Park building assessment can be funded from Capital Reserve #11, Parks, which has a current balance of $108,000.00; now, therefore be it RESOLVED, That Common Council authorizes expenditure not to exceed $40,000.00 for undertaking a Stewart Park Buildings Priority Plan; and, be it further RESOLVED, That Common Council hereby amends the 2015 Authorized Budget to account for the receipt and expense of said tourism Capital Grant as follows: Increase Revenue Account: A7111-2705 Parks and Forestry Gifts/Donations $20,000.00 A0001-2806 Transfer from Capital Reserve $20,000.00 Increase Appropriations Account: A7111-5435 Parks and Forestry Contracts $40,000.00 and, be it further RESOLVED, That Common Council hereby authorizes the additional $20,000.00 needed for said assessment study be derived from Capital Reserve #11, Parks. Carried Unanimously 10.4 Attorney - Request for Permanent Easement for 327 Eddy Street Proposed Encroachment - Resolution By Alderperson Mohlenhoff: Seconded by Alderperson McCollister WHEREAS, Steve Fontana, as representative of the owner of 327 Eddy Street (Tax Map Parcel No. 63.-6-24, Stephen A Fontana Trust owner of record, hereinafter “Applicant”), has requested a permanent easement from the City into the adjacent Eddy Street right-of-way; and WHEREAS, applicant requests an easement to permit the following encroachment into the City’s right-of-way: An encroachment extending into the City-owned airspace from the fifth floor of the building located on 327 Eddy Street two feet to the west and extending twelve feet running north and south, parallel to the building face; and WHEREAS, City Code Section 170-5 vests Common Council with the authority to convey a permanent easement across City property; and June 3, 2015 26 WHEREAS, the Planning and Development Board has, as part of the site plan review process, expressed its desire that the applicant include the architectural feature that will be enabled by this easement; and WHEREAS, it appears that the proposed encroachment into the City’s airspace will not interfere with the right-of-way as currently constituted; and WHEREAS, the Superintendent of Public Works does not anticipate any conflicts in the future with public works uses or needs and the Board of Public Works by resolution on May 11, 2015, recommended that Common Council authorize granting this easement under the terms described in this resolution; now, therefore be it RESOLVED, That the fee for this permanent easement shall be $3,073.84, based on the Pomeroy Appraisal value of $75.77 for one year of use at the current appraisal rate in Collegetown of $2.87 per square foot, calculated out for a thirty year depreciation period and 2% rate of inflation; and, be it further RESOLVED, That Common Council grants the requested easement under the terms described in this Resolution and that the Mayor, in consultation with the City Attorney, and upon payment of the fee set forth in this resolution, is hereby authorized to execute all necessary documents. Ayes (8) Brock, Clairborne, Murtagh, McCollister, Fleming, Smith,Kerslick, Mohlenhoff Nays (1) McGonigal Carried (8-1) 10.5 Department of Public Works - Authorization of a New Master Agreement for the Cayuga Waterfront Trail – Phase 2 - Resolution By Alderperson Mohlenhoff: Seconded by Alderperson Smith WHEREAS, a Project for the CAYUGA WATERFRONT TRAIL – PHASE 2, P.I.N. #395047 (the “Project”) is eligible for funding under Title 23 U.S. Code, as amended, that calls for the apportionment of the costs of such program to be borne at the ratio of 80% Federal funds and 20% non-federal funds; and WHEREAS, on June 13, 2001, Common Council authorized and established Capital Project #445 (then entitled Cass Park Waterfront Trail) in the amount of $425,000.00, to design and construct Phase 1 of the Cayuga Waterfront Trail (Phase 1 being a two-mile loop in Cass Park, which has now been completed); and WHEREAS, on April 2, 2003, Common Council approved the funding of Phase 2 of the Cayuga Waterfront Trail, then known as PIN #395024, (which would connect Cass Park to the Ithaca Farmers Market) from the same Capital Project as Phase 1, authorized the addition of $677,724.00 to Capital Project #445, for the costs of design, right-of-way acquisition and construction of Phase 2, and authorized the Mayor to execute all necessary agreements or requests for federal funds for Phase 2 (through the Transportation Enhancement Program) and to provide for the administration of Phase 2 and the funding of the local share; and WHEREAS, on September 28, 2004, environmental review of the proposed design for Phase 2 of the Trail was completed, by the City of Ithaca Planning and Development Board, the designated lead agency for such review, and site plan approval for Phase 2 was granted; and WHEREAS, on May 3, 2006, Common Council amended Capital Project #445, by adding $50,000.00 for a feasibility study of Phase 3 of the Cayuga Waterfront Trail (from the Ithaca Farmers Market to Stewart Park and the Visitors Center), half of which amount was to be derived from a New York State Environmental Protection Fund grant, and $10,000.00 of which amount was to be derived from non-City funds to be raised by the Cayuga Trails Initiative; and WHEREAS, on November 1, 2006, Common Council re-approved Phase 2 of the Trail, added $480,000.00 to Capital Project #445, and authorized the Mayor to execute all June 3, 2015 27 necessary agreements or requests for federal funds for the project (through a SAFETEA-LU member item) and to provide for its administration and the funding of the local share (with the understanding that the apportionment of the costs for this portion of the project would be roughly 80% federal and 20% local); and WHEREAS, on June 6, 2007, Common Council again approved the Project, now including Phase 3, subject to environmental review (of that phase), added $720,000.00 to Capital Project #445 to cover the combined cost of the three phases, and authorized the Mayor to execute all necessary agreements or requests for federal funds for the project and to provide for its administration and the funding of the local share (with the understanding that the apportionment of the costs for this portion of the project will be roughly 80% federal and 20% local); and WHEREAS, as part of the 2007 project agreement, the New York State Department of Transportation combined Phase 2 and Phase 3 of the trail into one Project Agreement (PIN #395024) for administrative purposes; and WHEREAS, on May 9, 2009, Common Council passed a resolution approving a Supplemental Agreement for the Trail, amending the administration and management of the project so that the New York State Department of Transportation would be responsible for the Right-of-Way acquisition for Phase 2 of the Cayuga Waterfront Trail; and WHEREAS, the City of Ithaca Planning & Development Board, acting as lead agent for environmental review of Phase 3 of the Trail, voted on July 28, 2009, to determine that Phase 3 of the project would have no significant impact on the environment and that a Negative Declaration be filed in accordance with the State Environmental Quality Review Act and the City’s Environmental Quality Review Ordinance; and WHEREAS, as part of the 2010 City Capital Budget, Common Council approved additional funding for Capital Project #445 in the amount of $215,000.00, with the intent that it would be a match for additional federal funding being sought at that time; and WHEREAS, in the summer of 2010, Phase 3 of the trail was constructed by contract; and WHEREAS, on October 6, 2010, Common Council passed a resolution approving a Supplemental Agreement for the Project, added $857,000.00 to Capital Project #445, to be matched by funds in the 2010 approved Capital Budget, with the understanding that the apportionment of the costs of such program to be borne at the ratio of 80% Federal funds and 20% non-federal funds; and WHEREAS, on March 6, 2012, at the request of the New York State Department of Transportation, and through an action of the Ithaca-Tompkins County Transportation Council, Phase 2 and Phase 3 of the Project were separated into two projects again for administrative purposes, specifically to address administration of Right-of-Way Acquisition; at that meeting Phase 3 was given PIN #395024 and a new PIN was created for Phase 2, PIN #395047; and WHEREAS, as part of the 2014 City Capital Budget, Common Council approved additional funding for Capital Project #445 in the amount of $300,000.00, but did not authorize funding in the first instance for the federal share of funding approved at the Ithaca-Tompkins County Transportation Council on June 18, 2013 in the amount of $752,400.00; and WHEREAS, in 2015, the New York State Department of Transportation provided two new Master Agreements for the Project for the City to review and approve: one agreement for the final design, construction and construction inspection of Phase 2, D034161, with a total authorization of $2,487,524.00; and one agreement for the Right- of-Way Incidentals and Acquisition of Phase 2, D034163, with a total authorization of $510,500.00 (with the understanding that the apportionment of the costs for these portions of the project would be 80% federal and 20% local); and June 3, 2015 28 WHEREAS, the City of Ithaca desires to be reimbursed for the federal share of the remaining phase of the Cayuga Waterfront Trail project (i.e., Phase 2); now, therefore, be it RESOLVED, That Common Council hereby re-approves the above-subject Project; and, be it further RESOLVED, That Common Council hereby re-authorizes the City of Ithaca to pay in the first instance 100% of the federal and non-federal share of the cost of Design, Right-of- Way, Construction, Construction Inspection and Supervision work for the Project or portions thereof; and, be it further RESOLVED, That Common Council hereby amends Capital Project #445, Cayuga Waterfront Trail (formerly known as Cass Park trail) in the amount of $1,052,000.00, with the understanding that this represents both the federal and city share, and will be fully reimbursed to the City, for a total project cost of $4,719,879.00, which represents Phase 1, Phase 2, and Phase 3 of the three-phase project; and, it is further RESOLVED, That the sum of $1,052,000.00 is hereby appropriated from the issuance of serial bonds, for a total authorization of $4,719,879.00, and made available to cover the cost of participation in the above phase of the Project, and it is further RESOLVED, That as noted in the abovementioned authorizations, the total project authorization is $4,385,956.37, and shall be made available to cover the cost of participation in the above phases of the Project; and, it is further RESOLVED, That in the event the full federal and non-federal share costs of the project exceeds the amount appropriated above, the Common Council of the City of Ithaca shall convene as soon as possible to appropriate said excess amount immediately upon the notification by the New York State Department of Transportation thereof; and, it is further RESOLVED, That the Mayor of the City of Ithaca, upon consultation with the City Attorney and other involved staff, be and is hereby authorized to execute new Master Agreements for the Cayuga Waterfront Trail – Phase 2, including one for Design, Construction and Construction Inspection; and one for Right-of-Way Incidentals and Acquisitions; and, be it further RESOLVED, That the Mayor be and is hereby authorized to execute all other necessary agreements, certifications or reimbursement requests for Federal Aid on behalf of the City of Ithaca, with the New York State Department of Transportation, in connection with the advancement or approval of Phase 2 or Phase 3 of the Project, and providing for the administration of the Project and the municipality’s first instance funding of Project costs and permanent funding of the local share of federal-aid-eligible Project costs and all other Project costs within the appropriations therefore that are not so eligible; and, be it further RESOLVED, That except as explicitly amended in this resolution, Common Council’s previous resolutions concerning the Project, as referenced above, still remain in full force and effect; and, be it further RESOLVED, That the City Clerk be and hereby is authorized and directed to file a certified copy of this resolution with the New York State Commissioner of Transportation, by attaching it to any necessary agreements in connection with the Project; and, be it further RESOLVED, That this resolution shall take effect immediately. Carried Unanimously June 3, 2015 29 10.6 Mayor’s Office – Request to Approve Funding Match for TIGER VII (Transportation Investment Generating Economic Recovery) Grant Application - Resolution By Alderperson Mohlenhoff: Seconded by Alderperson Smith WHEREAS, the United States Department of Transportation (USDOT) has announced the availability of 500 million dollars in the Transportation Investment Generating Economic Recovery (TIGER) 2015 Discretionary Grants (TIGER FY 2015) program, which notice was published in the Federal Register on April 03, 2015; and WHEREAS, in 2012, City staff identified the Inter-Modal Transportation Hub - Accelerating Community Access (ITH-ACA) project, which included a complete reconstruction of the Ithaca Commons as the major inter-modal transportation hub in the area; and WHEREAS, in 2012 the City applied for and was successful in obtaining a Federal Transit Agency State of Good Repair grant, in the amount of 4.5 million dollars, and a New York State Empire State Development Grant in the amount of 1.8 million dollars, to begin Phase 1 of the ITH-ACA project; and WHEREAS, the City is currently undertaking Phase I Commons Reconstruction, and is continuing to develop plans for subsequent phases of the ITH-ACA project in order to enhance the transit network, improve interconnectivity between the downtown transit hub and Cornell, the region’s major educational and employment center, as well as facilitate economic development, improve public transit reliability, and make transportation more accessible for all economic classes; and WHEREAS, the City is interested in applying for a TIGER FY 2015 grant in order to obtain funding for the second phase of the ITH-ACA project; and WHEREAS, City Planning and Engineering staff are preparing an application that will include, but not be limited to, the following components:  Upgrades to the public transit network that include intelligent transportation system (ITS) upgrades which would allow for remote real-time transit information, and  A complete reconstruction of College Avenue and Cayuga Street, including, wider sidewalks, enhanced opportunities for outdoor commerce, and safer transit routes that reduce conflicts of parked vehicles, bus, and vehicular traffic, and  Enhancements to the Transit Network, including new bus shelters at the Albany Street and State Street Stations, queue jumping, signal pre-emption, upgrades to buses, and signals that allow for more reliable bus route times; and  A complete reconstruction of the major transit routes along the Stewart Avenue Corridor and Albany Street. And WHEREAS, the Phase II components of the ITH-ACA project are expected to represent a large investment in the transportation system that will help maintain a state of good repair for major transit routes, enhance pedestrian networks, increase livability and sustainability, encourage and support economic growth and activity, and improve and enhance connectivity between downtown and Cornell University; and WHEREAS, State of New York and City of Ithaca environmental quality review laws and regulations define as “Type II” (i.e., exempt from environmental review) actions that involve “conducting concurrent environmental, engineering, economic, feasibility and other studies and preliminary planning and budgetary processes necessary to the formulation of a proposal for action, provided those activities do not commit the agency to commence, engage in or approve such action”; now, therefore be it RESOLVED, That, as a preliminary step intended to determine the economic feasibility of transportation improvements, including those listed above, the Mayor of the City of Ithaca, or his designee, is hereby authorized to submit a TIGER FY 2015 application for June 3, 2015 30 funding to the United States Department of Transportation (USDOT) in accordance with the provisions of the Notice of Funds Available; and, be it further RESOLVED, That, upon approval of such request, the City shall conduct environmental review as required, for the projects proposed to be undertaken pursuant to the TIGER FY 2015 grant; and, be it further RESOLVED, That, upon approval of said TIGER FY 2015 grant to the City, or any portion thereof, and upon completion of all necessary environmental review of the components of said project and approval of the same by Common Council, the Mayor, or his designee, is hereby authorized to enter into and execute a project agreement with the USDOT, or its designee, for the construction, and construction inspection of the TIGER FY 2015 application as submitted by the Mayor, approved by the USDOT, and as approved and/or modified by environmental review and any other applicable City of Ithaca review process; and, be it further RESOLVED, That Common Council hereby confirms its intention to commit funds in an amount not to exceed $2,500,000.00 (to be derived from serial bonds), contingent upon an award of funds from the TIGER FY 2015 program and completion of environmental review. Extensive discussion followed on the floor regarding the scope of the project and whether Stewart Avenue would be repaved with brick. Mayor Myrick stated that the road would be repaved with brick if the project is fully funded; however, the City could make a different decision if the project is only partially funded. It was noted that there is a historical Resolution stating that Stewart Avenue would be repaved in brick to retain a piece of the City’s history. A vote on the Resolution resulted as follows: Carried Unanimously 10.7 City Controller’s Report City Controller Thayer reported on the following:  2016 Budget preparation is underway: Capital Project requests are due and the Mayor’s guidelines will be distributed by the end of the month. He stated that 2016 would be another tough budget year with the property tax cap. Pension costs should continue to decrease; health insurance costs are increasing but at a slower rate. Property assessment information should be available in July.  2015 Activity: o Sales Tax is 1.5% ($50,000) lower than this time last year o Overtime: $415,000 spent to date of the $947,000 budget o Building Permit Revenue: $500,000 collected to date of the $700,000 budget o Parking Revenue: $884,000 collected to date of the $2.4 million budget. Pay stations will be activated in July. Training, signage, and education still need to happen. Some parking fees will be adjusted at this time as well. o CPI is .2% which could result in a lower contribution from Cornell University o Fines: $450,000 collected to date of the $1.86 million budget Alderperson Mohlenhoff noted that a memo would be distributed soon about the 2016 budget process and budget meeting dates. REPORT OF SPECIAL COMMITTEES: Ithaca Landmarks Preservation Commission Alderperson McCollister reported that the Cornell Heights/Forest Home Drive issue has been successfully resolved and fencing is currently being installed. The building plan for Simeon’s has been submitted to SHIPPO to see if it will be eligible for NYS historic tax credits. June 3, 2015 31 TCCOG Alderperson Clairborne reported that TCCOG has been discussing the NYS Health Act and that it is urging New York State to take a single payer approach to health benefits. MAYOR’S APPOINTMENTS: 14.1 Appointment to Bicycle Pedestrian Advisory Council – Resolution By Alderperson McCollister: Seconded by Alderperson Smith RESOLVED, That Katrina Moraine be appointed to the Bicycle Pedestrian Advisory Council to fill a vacancy with a term to expire December 31, 2015, and be it further 14.2 Appointment to Plannng and Development Board – Resolution RESOLVED, That Robert Aaron Lewis be appointed to the Planning and Development Board to fill a vacancy with a term to expire December 31, 2015, and be it further 14.3 Appointments to Youth Bureau Advisory Board – Resolution RESOLVED, That Mary Klippel be appointed to the Youth Bureau Advisory Board to fill a vacancy with a term to expire December 31, 2016; and, be it further RESOLVED, That Jason Hecht be appointed to the Youth Bureau Advisory Board to fill a vacancy with a term to expire December 31, 2017; and, be it further RESOLVED, That Marc Vesci be appointed to the Youth Bureau Advisory Board to fill a vacancy with a term to expire December 31, 2017, and be it further 14.4 Appointment to Building Code Board of Appeals – Resolution RESOLVED, That Richard Guttridge be appointed to the Building Code Board of Appeals to fill a vacancy with a term to expire December 31, 2016. Carried Unanimously MINUTES FROM PREVIOUS MEETINGS: 18.1 Approval of the May 6, 2015 Common Council Meeting Minutes – Resolution By Alderperson Smith: Seconded by Alderperson Mohlenhoff RESOLVED, That the minutes of the May 6, 2015 Common Council Meeting be approved as published. Carried Unanimously ADJOURNMENT: On a motion the meeting adjourned at 9:55 p.m. ______________________________ _______________________________ Julie Conley Holcomb, CMC Svante L. Myrick City Clerk Mayor