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HomeMy WebLinkAboutMN-CC-2017-10-04COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 6:00 p.m. October 4, 2017 PRESENT: Mayor Myrick Alderpersons (10) Brock, McGonigal, Murtagh, Nguyen, Gearhart Fleming, Smith, Kerslick, Mohlenhoff, Decatur OTHERS PRESENT: City Clerk – Conley Holcomb City Attorney – Lavine City Controller – Thayer Community Development Director – Bohn Historic Preservation Planner - McCracken PLEDGE OF ALLEGIANCE: Mayor Myrick led all present in the Pledge of Allegiance to the American Flag. ADDITIONS TO OR DELETIONS FROM THE AGENDA: Consent Agenda: Alderperson Brock requested that Item 8.2 entitled “Ithaca Police Department (IPD) - Request to Amend 2017 Authorized Budget for Grant - Resolution“ be removed from the consent agenda. This item will become Item 10.1 under the City Administration Committee agenda. INDIVIDUAL MEMBER FILED RESOLUTIONS: 6.1 Alderperson Murtagh – A Motion to Fill the Vacant Fifth Ward Common Council Seat By Alderperson Murtagh: Seconded by Alderperson Mohlenhoff RESOLVED, That Michael Decatur be appointed to fill the vacancy in the Fifth Ward, expiring December 31, 2017, created by the resignation of Alderperson Josephine Martell. Alderperson Murtagh explained the process that was followed by the Selection Committee. He noted that a call for “letters of interest” was issued and three people responded. Two of the applicants were actively running for the vacant Council seat. Separate from that process, Michael Decatur indicated that he would be willing to serve the City on a temporary basis. The person who is elected to the vacant Council seat will take over in January, 2018 and fill the remainder of the vacant term (2019). Michael Decatur introduced himself, noting that he offered to serve the City when he heard that the seat may not be filled until January. He wanted to take the opportunity to have the Fifth Ward fully represented, especially during the budget process. He shared his background noting that he has never held public office before. He grew up in Maine Endwell and works for IBM. Mayor Myrick thanked Mr. Decatur for offering his service noting that it is a difficult task, especially during budget season when there are multiple meetings and many complex decisions to make. Alderperson Kerslick noted that he appreciates Mr. Decatur tackling the task as it is important for the Fifth W ard to be fully represented during the budget deliberations. Alderperson Brock welcomed Mr. Decatur and asked whether he would also be filling former Alderperson Martell’s liaison appointments. Mayor Myrick stated that he would fill the vacancy at the Planning and Economic Development Committee but the other liaison appointments would be discussed further. A vote on the Resolution resulted as follows: Carried Unanimously October 4, 2017 2 Motion to Suspend the Rules of Procedure: By Alderperson Mohlenhoff: Seconded by Alderperson Smith RESOLVED, That the Common Council Rules of Procedure be suspended for the purpose of this appointment and the filling of this vacancy. Alderperson Mohlenhoff explained that the Rules of Procedure would be undergoing a review with possible amendments to further address the issue of Common Council vacancies. The Selection Committee would like to have Mr. Decatur seated at this meeting instead of waiting until next month so that he can participate in the budget meetings. A vote on the Resolution resulted as follows: Carried Unanimously Oath of Office: Mayor Myrick administered the Oath of Office and Alderperson Decatur was seated. PROCLAMATIONS/AWARDS: Mayor Myrick proclaimed October 28, 2017 as Into the Streets Day in the City of Ithaca. The Cornell student organizers accepted the proclamation and encouraged organizations to participate. SPECIAL PRESENTATIONS BEFORE COUNCIL: Daniel Hoffman, Natural Areas Committee (NAC), shared the following report:  There are three designated Natural areas in the City: Fall Creek; Six Mile Creek; and Fuertes Sanctuary in Stewart Park  The City did not operate a Gorge Ranger program this year due to issues related to the supervision of the program and contributions from the Town of Ithaca and Tompkins County were not utilized. The NAC regrets this decision as it is not in keeping with City’s stated commitment to foster safety and the proper treatment of this important natural area. The unusually cool and wet weather this season may have contributed to the lack of serious incidents; however, there was more litter and damage to vegetation in this area.  The NAC believes that there should be a management plan for all of the natural areas but especially Six Mile Creek. This effort could be combined with the management plan being developed for the parks and could include a Parks and Natural Area Manager position who would implement the plans. The supervision of the Rangers could also fall under this position.  The NAC has discussed the issue of Ezra’s Tunnel which they believe provides unsafe access to a dangerous area above Ithaca Falls that should be re stricted for emergency response only.  The Fall Creek Overlook has deteriorated significantly. The outer edge of the wall is being undermined by erosion and rock fall and needs an effective safety barrier. The NAC is hopeful that consideration will be given to restoring the area in the future.  The NAC appreciates the decision to remove the abandoned house on Lake Street near the Ithaca Falls and would like to be involved with the upcoming work.  The NAC has some concerns regarding the pending upgrade to water system, specifically the upgrade of the water main from upper reservoir to the water plant. This work should have an environmental review in order to reduce the impact of project on the environment.  The NAC continues to lead work to remove invasive species from natural areas – especially Six Mile Creek.  The NAC has expressed concerns regarding proposed restructuring of committees but should the referendum pass, they hope ways will be found to maintain the momentum of the work they’ve been doing and that NAC members will be considered for Commissioner appointments.  The NAC expressed their thanks to the staff and city officials who have been of great assistance throughout the years, especially Roxy Johnston, Jeanne Grace, and Josephine Martell. October 4, 2017 3 PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: The following people addressed Common Council on the following issues: Trevor Peyus, Town of Dryden: 2018 Ithaca Fire Department Budget Fay Gougakis, City of Ithaca: safety, rules, and development on the Ithaca Commons Neil Zusman, City of Ithaca: participatory budgeting David Nutter, City of Ithaca: W. Martin Luther King Street Corridor Vicki Taylor Brous, Town of Dryden: Green Street Garage transfer of property Theresa Alt, City of Ithaca: proposed Green Street Garage development project Laurie Konwinski, City of Ithaca: Catholic Charities services & poverty simulation event Joel Harlan, Town of Newfield: terrorism, war, and nuclear weapons Denise Katzman, City of Ithaca: Cargill Salt Mine environmental review Rob Mackenzie, M.D., Town of Ithaca: Cargill Salt Mine environmental review John Schroeder, City of Ithaca: historic designation of the Larkin Building Joanne Trutko, City of Ithaca: Ithaca Community Gardens Christine O’Malley, Historic Ithaca: historic designation of the Larkin Building Liz Burus, City of Ithaca: proposed relocation of the Community Gardens Eva Marque, Town of Newfield: W MLK St Bridge, Cargill Salt Mine, community gardens Ashley Miller, City of Ithaca: proposed relocation of the community gardens Crystal Buck, City of Ithaca: proposed relocation of the community gardens Crystal Theesfeld, Town of Ithaca: finding the community gardens a permanent home Comments regarding the landmark designation of the Larkin Building, prepared by Mary Raddant Tomlan, City of Ithaca Historian As my work schedule may prevent me from arriving at the October 4th Common Council meeting in time to speak during the public comment period, I am writing to express my support for the designation of the Larkin Building at 403 College Avenue as a local landmark. My support for this designation is based on the criteria enumerated in the Ithaca Landmarks Preservation Commission (ILPC) resolution of July 11, 2017, as noted and affirmed below. With regard to the criterion of architectural style, I would note that in the upper stories of the 1913 Larkin Building, traditional elements such as pilasters and brackets are employed to present a coherent, ordered form, one that has interest yet is “readable” as a whole. While decidedly historic in its vocabulary, this facade has nevertheless proven itself a compatible component of the modern urban st reetscape, existing harmoniously with its distinctly newer neighbors. With regard to the building’s association with historically significant persons, at least four members of the Larkin family had a strong presence in the commercial life of East Hill within the course of five decades, initially on Eddy Street but also on Stewart and College Avenues. The building that brothers John J. and Walter J. Larkin had erected at 403 College Avenue represents not simply an abstract real estate investment but one that was integral with the grocery business that they had developed more than a decade earlier and would continue to operate until John J. Larkin’s death in 1938. Thereafter, the ground floor of the building would house, in succession, two other businesses that would have a long neighborhood history—the Egan family’s grocery and then the Triangle Book Shop, which had previously been located in Sheldon Court. Finally, the Larkin Building played an important role in the development of what we know as Collegetown, and particularly of College Avenue. Prior to the construction of this building, the Larkin Bros. grocery had been located in one of the commercial- residential blocks on Eddy Street, closer to the older residential district to the west yet accessible to residents further up the hill. Until about 1900, the northern portion of College Avenue (originally named Huestis Street) had remained populated largely by frame boarding houses, such as the Grand View House erected at 209 in 1888, with a scattering of smaller buildings containing service and retail businesses. Then, in the wake of several infrastructure improvements that would facilitate the Huestis Street access to Cornell, the first commercial-residential block (no longer extant) was erected on the southwest corner of Huestis and Dryden Road in 1899, followed in 1902 -03 by the Sheldon Court dormitory at 412-420. The facing site at the Oak Avenue intersection would be the next to be developed, with erection of the Chacona Block in 1911 -12, and October 4, 2017 4 this would be followed with the announcement of the Larkin Building in late 1912, with its construction completed in 1913. These buildings would give College Avenue a new commercial and residential presence, one that was noted in 1913 by merchants on Eddy Street, who called (unsuccessfully) for an Eddy Street bridge across Cascadilla Creek in order to keep trade from heading up the hill. With this small slice of history in mind, I would like to pose a question: does Collegetown’s past have a future? This East Hill neighborhood has a rich and significant past, one that may be “read” in its remaining historic buildings. Yet official recognition of and appreciation for this past is limited. Yes, the buildings on the west side of Eddy Street are recognized within the East Hill Historic District, and the Andrew D. White Gate (“Eddygate”) has been individually designated. With additional historic resources having been identified in conjunction with the Collegetown Urban Plan and Design Guidelines, endorsed in 2009, the City applied for and received a Certified Local Government grant in 2011 or 2012 for the preparation of nominations for the designation of about a dozen more Collegetown sites. Under the direction of Historic Preservation Planners Leslie Chatterton and then Lynn Truame, nominations were prepared by Historic Ithaca staff, while I provided some general history and editing. As a result of this effort, the John Snaith House at 140 College Avenue and the Grand View House at 209 College have been individually designated, while properties on Orchard Place were added to the East Hill Historic District. While these existing recognitions and protections may seem substantial, they cover a comparatively small piece of an area that continues to be one of the more active and visited urban nodes in our city. Compared with recognitions given to other areas of the city, Collegetown, and especially College Avenue, is in danger of losing its past. Current plans call for the demolition of the former No. 9 Fire Station, a symbol of the City’s late nineteenth and early twentieth century municipal commitment to Collegetown, leaving the Larkin Building, Chacona Block and Sheldon Court as the remaining historic resources that have been identified as significant in the 300 and 400 blocks of College Avenue. With the historic Cornell University campus to the north and the historic buildings on the Ithaca Commons downtown, will we continue to see the past as well as the present in urban Collegetown? PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR: Alderperson Murtagh and Mayor Myrick responded to comments made regarding the early termination of the Community Gardens lease. Alderpersons Fleming, McGonigal, and Mayor Myrick responded to negative comments made about a community member, noting that they were not true and were inappropriate. Alderperson McGonigal further responded to comments made regarding the proposed historic designation of the Larkin Building and voiced his desire to save the Nine’s building as well. Alderperson Brock responded to comments made regarding the Ithaca Fire Department budget; economic growth in the City; the Cargill Salt Mine environmental review and the importance of a healthy lake and clean water. She also responded to comments made regarding the W. Martin Luther King Street Corridor project, noting that Common Council does not have the purview to direct major changes to the project; however, small modifications are being made. Alderperson Nguyen remembered the victims of the Las Vegas shooting as he does not want violent acts like this to become normalized in our society. He further spoke about the gun culture and gun control throughout the Country. October 4, 2017 5 CONSENT AGENDA ITEMS: City Administration Committee: 8.1 Approval of the 2017-2018 Civil Service Agreement with the Ithaca City School District - Resolution By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick RESOLVED, That the Mayor and City Controller be authorized and directed to execute an agreement between the City of Ithaca and the Ithaca City School District for performance by the City for services in connection with Civil Service matters for the period July 1, 2017 to June 30, 2018, in an amount payable to the City of Ithaca of $57,948 on or before December 1, 2017. Carried Unanimously 8.3 Ithaca Fire Department (IFD) – Amendment to 2017 Budget - Resolution By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick WHEREAS, on September 8, 2017, the Ithaca Fire Department was notified that it had received a FEMA Assistance to Firefighters Grant to purchase and install two (2) new protective gear washers; and WHEREAS, the budgeted amount to purchase and install two (2) protective gear washers is $24,900; and WHEREAS, up to $22,637 for the purchase and installation of two (2) protective gear washers is funded through the Assistance to Firefighters Grant Program; and WHEREAS, ten percent (10%) of the of the total cost to purchase and install two (2) protective gear washers is estimated at two thousand two hundred sixty-three dollars ($2,263), and will be paid from the 2017 fire department operating budget; now, therefore be it RESOLVED, That Common Council hereby amends the 2017 Fire Department Budget as follows: Increase Expenses: A3410-225 Equipment $ 22,637 Increase Revenues: A3410-2770 Unclassified Revenue $22,637 Carried Unanimously 8.4 Water & Sewer Department (W&S) - Request to Establish a Capital Project for Water and Sanitary Sewer Mains on the 100 Block of South Albany Street and the 100 and 200 Blocks of North Albany Street - Resolution By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick WHEREAS, the City’s water main in the 100 block of South Albany Street and in the 100 and 200 blocks of North Albany Street is 126 years old, originally constructed in 1891, and the City’s sewer main in the 200 block of North Albany Street is 121 yea rs old, originally constructed in 1896; and WHEREAS, the City’s street in the100 block of South Albany Street and in the 100 and 200 blocks of North Albany Street is funded and scheduled for a full depth rebuild in 2018; and WHEREAS, it was necessary to replace the old water and sewer infrastructure before rebuilding the road above; and WHEREAS, the Water & Sewer Division of the City’s Department of Public Works had only a small window of opportunity to perform the work, and the work has already been engaged; and WHEREAS, the City of Ithaca Department of Public Works Water & Sewer Division staff have estimated the maximum cost for replacement to be $402,000, allocated $298,750 for water and $103,250 for sewer; and October 4, 2017 6 WHEREAS, City Department of Public Works Water & Sewer Division staff estimates city crews will complete this work in the time frame from September 2017 to October 2017; now, therefore be it RESOLVED, That Common Council hereby establishes Capital Project #537 Albany Street Water Main in the amount of $298,750 and Capital Project #634 Albany Street Sewer Main in the amount of $103,250, with total funding not to exceed $402,000 to fund the construction for the replacement of the water main in the 100 block of South Albany Street and in the 100 and 200 blocks of North Albany Street and the Sanitary Sewer main on the 200 block of North Albany Street; and, be it further RESOLVED, That funds needed for said project shall be derived from the advance of Water and Sewer operating funds with the late r repayment from the issuance of Serial Bonds. Carried Unanimously 8.5 Finance Department - Approval of 2016 City of Ithaca Single Audit - Resolution By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick RESOLVED, That the Independent Auditor’s Report for the period of January 1, 2016 through December 31, 2016, prepared by the accounting firm of Insero & Company CPA’s LLP, be accepted to comply with all the City’s applicable Government Accounting Standards Board (GSB) Statement 34 and other related audit and single-audit requirements. Carried Unanimously 8.6 An Ordinance to Amend Chapter 181 of the City of Ithaca Municipal Code entitled “Fire Prevention” Related to Appeal and Variance Procedures By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick WHEREAS, on September 6, 2017, Common Council enacted fire and safety regulations pertaining to mobile food vending operations within the City; and WHEREAS, in the process of developing such fire and safety rules for mobile food vending, staff determined that the appeal and variance sections of Chapter 181 of the City of Ithaca Municipal Code entitled “Fire Prevention” require updates; now, therefore ORDINANCE NO. 2017- ______ BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows: Section 1. Findings of Fact. The Common Council finds that: 1. Chapter 181, Section 11 refers appeals to the “Board of Fire Appeals”, which does not currently exist. 2. This ordinance will clarify that variances from and appeals of the provisions of Chapter 181 may be brought to the Building Code Board of Appeals, established in Chapter 146 of the City of Ithaca Municipal Code entitled “Building Code Enforcement” to decide appeals and requests for variances related to safety and fire regulations. Section 2. Chapter 181 of the City of Ithaca Municipal Code entitled “Fire Prevention”, Section 181-11 entitled “Board of Fire Appeals” is hereby amended to read as follows: Reserved. [A. The Board of Fire Appeals shall be appointed by the Mayor with the consent of the Common Council and shall be composed of five members who shall be selected on the basis of their interest in fire prevention. The Mayor may appoint October 4, 2017 7 not more than one Council member and one Fire Commissioner to serve on this Board. B. This subsection shall apply only to those elements of this chapter that are not addressed or otherwise covered by the New York State Uniform Fire Prevention and Building Code. Whenever the Chief of the Fire Department or the Fire Marshal shall refuse to grant an operating permit applied for, or when the Chief of the Fire Department or the Fire Marshal shall revoke a duly granted permit for alleged violation of the provisions of this chapter and/or the terms on which the permit was granted, or when it is claimed that the provisions of the code do not apply or that the true intent and meaning of the code may have been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the Chief of the Fire Department or the Fire Marshal to the Board of Fire Appeals within 30 days from the date of the decision. The Board of Fire Appeals may affirm, modify or reverse any determination of the Chief of the Fire Department or the Fire Marshal made pursuant to the provisions of this chapter.] Section 3. Chapter 181 of the City of Ithaca Municipal Code entitled “Fire Prevention” Section 181-12(B) entitled “Variance procedures; appeals” is hereby amended as follows: B. This subsection shall apply only to those elements of this chapter that are not addressed or otherwise covered by the New York State Uniform Fire Prevention and Building Code. Whenever the Chief of the Fire Department or the Fire Marshal shall refuse to grant an operating permit applied for or when the Chief of the Fire Department or the Fire Marshal shall revoke a duly granted permit for alleged violation of the provisions of this chapter and/or the terms on which the permit was granted or when it is claimed that the provisions of the code do not apply or that the true intent and meaning of the code may have been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the Chief of the Fire Department or the Fire Marshal to the Building Code Board of Appeals within 30 days from the date of the decision. The Building Code Board of Appeals may affirm, modify or reverse any determination of the Chief of the Fire Department or the Fire Marshal made pursuant to the provisions of this chapter. Section 4. Severability. Severability is intended throughout and within the provisions of this Ordinance. 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 5. Effective Date. This ordinance shall take effect on the later of (i) October 4, 2017 and (ii) publication of notice as provided in the Ithaca City Charter. Carried Unanimously 8.7 Renewal of City of Ithaca’s Co-Sponsorship with the Rotary Club of Ithaca of the 2018 Fourth of July Fireworks Event - Resolution By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick WHEREAS, the City wishes to continue the tradition of hosting fireworks in Stewart Park for the community to enjoy and celebrate the Fourth of July; and WHEREAS, 2017 was the first year that the Rotary Club and City of Ithaca co - sponsored the July 4th fireworks event in Stewart and Cass Parks; and WHEREAS, City staff and Rotary Club representatives wish to renew the agreement between the parties in which the City provided traditional municipal services and the Rotary Club provided all planning and funding for the fireworks and services not otherwise provided by the City; and WHEREAS, as co-sponsor of the fireworks event, the Rotary Club of Ithaca commits to funding the cost of fireworks, concessions, vendors, entertainment, traffic and safety measures and sanitary amenities; and October 4, 2017 8 WHEREAS, as co-sponsor of the fireworks display event, the City would not be responsible for making payment or additional costs, but commits to contracting for, but not payment, the fireworks display and providing City insurance coverage, equipment, facilities and staff time of the Ithaca Police Department, Fire Department, Department of Public Works, Youth Bureau, and any other relevant City department to support the event at no cost to the Rotary Club; now, therefore be it RESOLVED, That Common Council supports the City of Ithaca’s co-sponsorship of the fireworks event in July 2018 and authorizes the City to provide in-kind services at no charge to the event; and, be it further RESOLVED, That the Mayor, upon the advice of the City Attorney, is authorized to execute a renewal memorandum of understanding with the Rotary Club to co -sponsor the event and memorialize the roles and responsibilities with respect to the fireworks event. Carried Unanimously PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE: 9.1 Transfer of Property at 120 East Green Street to the Ithaca Urban Renewal Agency (IURA) to Structure a Proposed Urban Renewal Project Subject to Adopted Resolution A. Designation of Lead Agency – Resolution By Alderperson Murtagh: Seconded by Alderperson Kerslick WHEREAS, the Common Council of the City of Ithaca is considering a proposal to transfer ownership of property located at 120 East Green Street to the Ithaca Urban Renewal Agency (IURA), via an option agreement, to structure a proposed property sale and development agreement with a preferred developer to undertake an urban renewal project to redevelop the Green Street parking garage; and WHEREAS, such option agreement shall include a seller contingency requiring completion of environmental review and site plan approval of the urban renewal project as a pre-condition for transfer of ownership to the IURA; and WHEREAS, State Law and Section 176-6 of the City Code require that a lead agency be established for the purpose of 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 transfer of less than 2.5 acres of land is an “Unlisted” action pursuant to the City Environmental Quality Review Ordinance (“CEQR”), which requires environmental review under CEQR; and WHEREAS, the property to be transferred at 120 East Green Street is 1.45 acres in size; now, therefore be it RESOLVED, That Common Council of the City of Ithaca does hereby declare itself Lead Agency for the environmental review of the transfer of property located at 120 East Green Street (tax parcel #70.-4-5.2) to the IURA for the purpose of structuring a proposed property sale and development agreement with a preferred developer to undertake an urban renewal project subject to approval by Common Council. Carried Unanimously B. Determination of Environmental Significance – Resolution By Alderperson Murtagh: Seconded by Alderperson Kerslick WHEREAS, the Common Council of the City of Ithaca is considering a proposal to transfer ownership of property located at 120 East Green Street to the Ithaca Urban Renewal Agency (IURA), via an option agreement, to structure a proposed property sale and development agreement with a preferred developer to undertake an urban renewal project subject to approval by Common Council; and October 4, 2017 9 WHEREAS, such option agreement shall include a seller contingency requiring completion of environmental review and site plan approval of the urban renewal project as a pre-condition for transfer of ownership to the IURA; and WHEREAS, the proposed urban renewal project will undergo separate environmental review of the entire urban renewal project after it has been fully defined as part of the mandatory site plan review process; and WHEREAS, the proposed urban renewal project is not fully defined or designed at this time, nor possible without acquisition of City-owned land, therefore an analysis of potentially significant adverse impacts of a yet-to-be defined urban renewal project at the site of the Green Street parking garage is not feasible at this time; and WHEREAS, as part of the site plan review process, the Planning and Development Board regularly conducts rigorous and thorough environmental review of all aspects of the proposed development project that comes before it; and WHEREAS, pursuant to §176-6(F)(1)(b) of the City Environmental Quality Review Ordinance, the re-establishment of a Lead Agency may occur “upon failure of the Lead Agency’s basis of jurisdiction,” so that the Planning and Development Board may subsequently assume the role of Lead Agency for the environmental review for the site plan review of the proposed hotel project; and WHEREAS, the proposed action for transfer of city-owned property of less than 2.5 acres is a “Type 1 Action” located within 100 feet of a national historic district under the City Environmental Quality Review Ordinance; and WHEREAS, appropriate environmental review has been conducted including the preparation of a Long Environmental Assessment Form (LEAF); and WHEREAS, the Common Council of the City of Ithaca, acting as Lead Agency, has reviewed the SEAF prepared by staff; now, therefore be it RESOLVED, That this Common Council, as lead agency in this matter, hereby determines that circumstances warrant a segmented review of this property transfer from other stages of the proposed urban renewal project and that subsequent environmental review of the proposed project during the required site plan review process will be no less protective of the environment; and, be it further RESOLVED, That the Common Council, as Lead Agency in this matter, hereby adopts as its own, the findings and conclusions more fully set forth on the Long Environmental Assessment Form; 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 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. Community Development Director Bohn stated that an error was made in the determination of environmental significance. The original resolution no ted that it was an Unlisted Action; however, it should be listed as a “Type 1 Action located within 100 feet of a national historic district”. A Type 1 Action requires a Long Environmental Assessment Form (LEAF) instead of a short form which was distributed at the meeting. These changes were accepted as a friendly amendment. Community Development Director Bohn explained that the listed action is the transfer of property from the City of Ithaca to the Ithaca Urban Renewal Agency. This transaction October 4, 2017 10 is the initial step of transferring ownership of property to begin the acceptance and discussion of development proposals. Alderperson Kerslick asked whether the answer to Question 12 on the LEAF should be “No”. Community Development Director Bohn confirmed that the response should be “No”. Alderperson McGonigal stated that he would like more information about this project before he votes on it. City Attorney Lavine stated that Common Council would have at least one other vote on this project. Alderperson Murtagh acknowledged the concern raised regarding the property being contiguous to a historic district and stated that the proposed new language satisfies his concerns. Alderperson Fleming asked if the proposed property transfer to the IURA would endorse one project over another. Alderperson Murtagh stated that if the property is transferred, the IURA would designate a preferred developer after an open, competitive process. A vote on the Resolution resulted as follows: Carried Unanimously C. Transfer of Property at 120 East Green Street to the Ithaca Urban Renewal Agency (IURA) to Structure a Proposed Urban Renewal Project Subject to Common Council Approval – Resolution By Alderperson Murtagh: Seconded by Alderperson Smith WHEREAS, a developer has approached the City to acquire and redevelop the Green Street Parking Garage property (Garage) for a proposed mixed -use project including the following elements:  An approximately 25,000 square foot conference center;  Approximately 350 housing units;  Street level active uses along Green Street;  Retention of the Cinemapolis movie theater;  Approximately 450 parking spaces open to the public ; and WHEREAS, the City of Ithaca owns tax parcel #70.-4-5.2 located at 120 East Green Street, a 1.45 acre parcel of which approximately 1.25 acres contains the Garage that is located within a CBD-140 zoning district; and WHEREAS, the Green Street parking garage parcel provides approximately 415 parking spaces currently; and WHEREAS, the western and central sections of the Garage are located on the City- owned tax parcel #70.-4-5.2 and the eastern section is located on air rights over property owned by Ithaca Properties LLC; and WHEREAS, the prospective developer team who approached the City to redevelop the Garage includes Jeffrey Rimland, the managing member of Ithaca Properties LLC who owns the land under the eastern section of the Green Garage; and WHEREAS, the Garage was constructed in 1974 and a recent structural evaluation of the western and eastern sections of the garage found significant structural problems that are estimated to require a substantial investment to extend the u seful life of the garage; and WHEREAS, §507 of General Municipal Law authorizes the IURA to negotiate sale of public land with a Qualified and Eligible Sponsor (“Preferred Developer”) to undertake an urban renewal project, which proposed sale and development agreement is subject to a public hearing and approval by Common Council; and October 4, 2017 11 WHEREAS, the primary objective of the Urban Renewal Plan is to improve the economic, social and physical characteristics of the project neighborhood; and WHEREAS, City policy requires the Board of Public Works to declare City-owned property surplus for public works purposes prior to any transfer of City-owned property; and WHEREAS, “Plan Ithaca”, the City of Ithaca comprehensive plan, supports compact, mixed-use development located near transit hubs and an increased supply of housing at different levels of affordability; and WHEREAS, environmental review has been completed on this proposed action; now, therefore be it RESOLVED, That Common Council hereby authorizes transf er of the Green Street Parking Garage property located at 120 East Green Street (tax parcel #70.-4-5.2) to the IURA, via an option agreement, for the purpose of structuring a proposed property sale and development agreement with a Preferred Developer to undertake an urban renewal project subject to approval by Common Council; and, be it further RESOLVED, That such option agreement shall contain the following seller contingencies to be satisfied prior to closing: A. Determination by the Board of Public Works that the land and air rights to be conveyed for the re-development project is surplus for public works purposes; B. Discharge of mortgage, or consent of property transfer, by M&T Bank who holds a leasehold mortgage on the Green Garage as security for bonds issued to construct the public portions of the Cayuga Green project; C. Determination of exact boundaries of the parcel to be conveyed; D. Common Council approval of the proposed sale and development agreement with the developer following publication of a legal notice disclosing the essential terms of the proposed sale and development project and a public hearing on the proposed project, E. Completion of environmental review and site plan approval of the urban renewal project ; and, be it further RESOLVED, The Common Council directs the IURA to seek out the following programmatic elements to be included in the project: A. An approximately 25,000 square foot conference center; B. Approximately 350 housing units specifically designed to appeal to a diverse demographic, including a substantial number of units to be affordable to low and/or middle income households; C. Street-level active uses along Green Street; D. Retention of the Cinemapolis movie theater & a public walkway between Green Street and the Commons; E. Approximately 450 parking spaces open to the public, of which at least 90 will be available for short-term parking; and, be it further RESOLVED, That the following issues are to be resolved through negotiation to the satisfaction of the IURA and City: A. Disposition of the parking agreement for Marriott hotel guests; B. Compliance with the Downtown Design Guidelines; C. Coordination and compatibility with adjacent properties/uses and the Downtown Ithaca Alliance’s 2020 Strategic Plan; D. Pricing and management of parking available to the public; E. Disposition of outstanding municipal bonds issued for the Green Street Parking Garage; F. Taxable status of the project; October 4, 2017 12 G. Customer access to Cinemapolis during all phases of the project; H. Relocation of municipal garbage, recycling and storage functions currently operating at the project site; I. Establishment of boundaries of the parcel to be conveyed; J. Sales price; K. Design of the public walkway between Green Street and The Commons ; and, be it further RESOLVED, That the IURA be required to utilize an open competitive selection process for selecting the Preferred Developer(s); and, be it further RESOLVED, That any subsequent Common Council approval of the IURA proposed urban renewal project shall be contingent upon completion of environmental r eview and site plan approval of the urban renewal project; and, be it further RESOLVED, That net proceeds from sale of City-owned land to a Preferred Developer shall be paid to the City; and, be it further RESOLVED, That the Mayor, upon review by the City Attorney, is hereby authorized to implement this resolution, including execution of any and all instruments necessary to execute an option agreement with the Ithaca Urban Renewal Agency; and, be it further RESOLVED, That the IURA shall be reimbursed for costs incurred to develop the proposed urban renewal project from lease or loan payments the IURA collects on behalf of the City. Community Development Director Bohn noted that the IURA was concerned about the level of specificity in this Resolution and recommended that the language be broader to enhance the opportunities for an open, competitive process (ex. 350 housing units vs. housing units). Alderperson McGonigal shared his concerns regarding the proposed new level of parking to replace the surface parking resulting only in the addition of 35 new spaces. He stressed the parking needs of community. Alderperson Kerslick stated that he fully supports the intent of making the proposals more flexible to improve competiveness; however, he would like a study to be undertaken so that Council could better understand the amount of parking that would be appropriate to maintain. He noted that there is a level of urgency with this project as parking garages deteriorate over time. Alderperson Mohlenhoff noted that a conference center would need an appropriate amount of transient parking as not everyone would be hotel guests or residents. Community Development Director Bohn responded that an ideal goal for project is to try to fill up hotels during the middle of the week when their numbers typically dip. Discussion followed on the floor regarding air rights. Community Development Director Bohn explained that the Green Street parking garage was built in three sections. The City owns from the ground up on western & middle sections of the garage, and owns the air rights above eastern section of the garage after the 1st level. Amending Resolution By Alderperson Brock: Seconded by Alderperson Smith RESOLVED, That the references in the first Whereas Clause and the 3rd Resolved Clause be amended to read as follows: “WHEREAS, a developer has approached the City to acquire and redevelop the Green Street Parking Garage property (Garage) for a proposed mixed -use project including the following elements:  A conference center;  Housing units; October 4, 2017 13  Street level active uses along Green Street;  Retention of the Cinemapolis movie theater;  Approximately 450 parking spaces open to the public ; and” And “RESOLVED, The Common Council directs the IURA to seek out the following programmatic elements to be included in the project: L. A conference center; M. Housing units specifically designed to appeal to a diverse demographic, including a substantial number of units to be affordable to low and/or middle income households; N. Street-level active uses along Green Street; O. Retention of the Cinemapolis movie theater & a public walkway between Green Street and the Commons; P. At least 450 parking spaces open to the public, of which at least 90 will be available for short-term parking; and be it further” Carried Unanimously Discussion followed on the floor regarding the declaration of the property as surplus for public works purposes, and the competitive proposal process. Alderperson Brock noted that the IURA would have the authority to select the preferred developer. She acknowledged the concerns that have been expressed about projects/developers that would have a significant negative impact on neighboring projects that are currently underway, and suggested that perhaps Common Council should have that authority. Community Development Director Bohn explained that the first step is to develop a project that the IURA is happy with and deems financially feasible. At that point, the project would need to be approved by Common Council. He further noted that the IURA could select multiple preferred developers that could either compete against each other or team together. A vote on the Main Motion as Amended resulted as follows: Carried Unanimously 9.2 Resolution Requesting Environmental Review of Proposed Cargill Mine Shaft By Alderperson Brock: Seconded by Alderperson Kerslick WHEREAS, the first Cayuga Salt Mine shaft was drilled in 1915 and Cargill, Inc. (“Cargill”)’s permitted mining reserves extend into the Town of Lansing, Town of Ulysses, and south into the southern end of Cayuga Lake to within one mile of the City of Ithaca; and WHEREAS, the City of Ithaca recognizes the economic, social, recreational, and ecological importance of Cayuga Lake and its watershed to the State and to the local community; and WHEREAS, New York has established the State Environmental Quality Review (SEQR) process to systematically consider environmental factors early in the planning stages of actions and projects that are directly undertaken, funded or approved by local, regional and state agencies;1 and WHEREAS, environmental review early in the planning stages allows a project to be vetted, and modified as needed, to avoid adverse impacts on the environment;2 and WHEREAS, Cargill’s proposed shaft construction, the mining of the one -mile connecting tunnel, and expanded salt mining have potential adverse impacts that have not been properly reviewed and vetted under SEQR in contrast to the Hampton Corners Salt 1 6 NYCRR Part 617; SEQR Handbook, 3rd Edition, 2010, Introduction 2 Ibid. October 4, 2017 14 Mine in Livingston County which is carrying out its second Draft Environmental Impact Statement; and WHEREAS, adverse impacts include impacts on local water resources, i ncluding groundwater and the waters of Cayuga Lake and various ways in which substantial quantities of salt would be incidentally brought into contact with such local water resources, not only during current mining operations but also during the post - operational period after the mine is closed and abandoned; and WHEREAS, “the abandonment of dry salt mines raises a difficult problem, as post - abandonment mine flooding is, in most cases, highly probable, with possible severe consequences at ground level;”3 and WHEREAS, “the majority of salt mines succumb to collapse and flooding”4 and “flooding, whether intentional or inadvertent, is …‘game over’ for successful containment or control of the salinity associated with the brine that will inevitably be squeezed out of the mine;”5 and WHEREAS, since 1975, and despite several applications for mine expansion by Cargill, the New York State Department of Environmental Conservation (NYSDEC) has never requested a full environmental impact study of the mining risks; and WHEREAS, the 1994 collapse and flooding of the Retsof salt mine in Livingston County and subsequent salinization of an adjacent fresh water aquifer provide an example of various adverse impacts and some of the factors implicated in salt -mine collapse; and WHEREAS, these and other potential adverse impacts on the environment should be subject to full and proper environmental review under SEQR; and WHEREAS, the NYSDEC reviewed the Cargill Shaft 4 project and concluded that the action meets their standards, and on 16 August 2017 issued an applicable permit without full environmental review of the project in its entirety; now, therefore be it RESOLVED, That the City of Ithaca joins with other Cayuga Lake stakeholders in a soon-to-be-filed Article 78 proceeding to require environmental review under SEQR pertaining to Cargill’s Shaft 4 project and all proposed construction and expansion of the Cargill Mine; and, be it further RESOLVED, That a copy of this resolution be forwarded by the City Clerk to Governor Andrew Cuomo, NYSDEC Commissioner Basil Seggos, State Senators Patricia Helming and Thomas O’Mara, Senate Leader John Flanagan, Senate Minority Leader Andrea Stewart-Cousins, Assemblywoman Barbara Lifton, Assembly Speaker Carl Heastie, Assembly Minority leader Brian Kolb, Chair of the Assembly’s Standing Committee on Environmental Conservation Steve Englebright, Village of Trumansburg Mayor Martin Petrovic, and Tompkins County Legislature Chair Michael Lane. Alderperson Brock explained that she worked with the Supervisor of the Town of Ulysses to develop the legislative language. This Resolution has already been adopted by the Towns of Danby, Caroline, and Ulysses as well as the Villages of Aurora, Trumansburg, and Lansing. She noted that adding municipalities to the Article 78 proceeding gives weight to the courts that will be considering this issue. Lending the City’s name to this case exemplifies how important the lake is to the City’s livelihood, health, and welfare. Alderperson McGonigal recognized the importance of the Cargill Salt Mine to the Town of Lansing and surrounding communities. He stated that he supports the environmental 3 P. Bérest, B. Brouard, and B. Feuga, Dry Mine Abandonment, Abstract, Solution Mining Research Institute (SMRI) Technical Conference Paper, Wichita, KS, Spring 2004. (http://www.brouard- consulting.com/sites/default/files/smri-wichita.pdf) 4 A. Michalski, 1/31/17 comment letter to DEC. 5 R. Vaughan, 12/9/16 comment letter to DEC. October 4, 2017 15 review of this project which should not be interpreted as a negative statement against Cargill. Alderperson Nguyen questioned whether the City would be committing other resources in addition to this statement of support. Alderperson Brock and City Attorney Lavine noted that no money is involved; however, the City could provide information. Alderson Kerslick thanked the people who came out to speak and Alderperson Brock for her work on the issue, noting that it is inexcusable not to have a full environmental study. Alderperson Mohlenhoff stated that she is uncomfortable with this legislation as the issue is very complex and she feels ill-prepared and ill-informed to considerate at this time. She stated that she values Cargill and safety of lake; however, she doesn’t feel informed enough to understand the complexity of this issue. Alderperson Brock stated that everyone feels uniformed because the Department of Environmental Conservation is not sharing information with the public. There is a lack of transparency and disclosure, and it is hard to feel confident when there has never been an environmental study conducted on the salt mine. Alderperson Murtagh stated that the lake is a community resource. He doesn’t view this action as trying to shut down the project, just as trying to understand the full impact of it. Alderperson Decatur questioned what the counter argument was. Alderperson Brock responded that Cargill contends that the EPA and DEC have no jurisdictional authority over them as the mine existed before these agencies did. They also do not want to disclose industry secrets. Alderperson Nguyen stated that environmental review is about the shaft and the ramifications of the expansion of the mines under the lake. He noted that it is cheaper to mine under the lake vs. mining under property. A vote on the Resolution resulted as follows: Ayes (9) Brock, McGonigal, Nguyen, Murtagh, Gearhart, Fleming, Smith, Kerslick, Decatur Nays (1) Mohlenhoff Carried 9.3 Local Landmark Designation of the Larkin Building at 403 College Avenue - Resolution By Alderperson Murtagh: Seconded by Alderperson Kerslick WHEREAS, set forth in Section 228-4 of the City of Ithaca Municipal Code entitled “Landmarks Preservation”, the Ithaca Landmarks Preservation Commission (ILPC) is responsible for recommending to Common Council the designation of identified structures or resources as individual landmarks and historic districts within the city; and WHEREAS, on July 11, 2017, the ILPC conducted a public hearing for the purpose of considering a proposal to designate the Larkin Building at 403 College Avenue as a local landmark; and WHEREAS, the designation of a local landmark is a Type II action under the NYS Environmental Quality Review Act and the City Environmental Quality Review Ordinance and as such requires no further environmental review; and WHEREAS, the ILPC found that the proposal meets criteria 1, 2, and 3, defining a “Local Landmark,” under Section 228-3B of the City of Ithaca Municipal Code entitled “Designation of Individual Landmarks or Historic Districts” and on July 11, 2017, voted to recommend the designation of the Larkin Building at 403 College Avenue; and WHEREAS, set forth in Section 228-4 of the City of Ithaca Municipal Code, the Planning and Development Board shall f ile a report with Common Council with respect October 4, 2017 16 to the relation of such designation to the comprehensive plan, the zoning law, projected public improvements and any plans for the renewal of the site or area involved; and WHEREAS, a copy of the Planning and Development Board's report and recommendation for approval of the designation, adopted by resolution at the meeting held on August 22, 2017, has been reviewed by Common Council; and WHEREAS, Section 228-4 of the City of Ithaca Municipal Code entitled “Certificate of Appropriateness for Alteration, Demolition, or New Construction Affecting Individual Landmarks or Districts” states that Common Council shall, within ninety days of said recommendation of designation, approve, disapprove or refer back to the ILPC for modification of same; now, therefore be it RESOLVED, That Common Council finds that the designation is compatible with and will not conflict with the comprehensive plan, existing zoning, projected public improvements or any plans for renewal of the site and area involved; and, be it further RESOLVED, That the Larkin Building at 403 College Avenue, meets criteria for local designation, as set forth in the City of Ithaca Municipal Code, as follows: 1. it possesses special character or historic or aesthetic interest or value as part of the cultural, political, economic, or social history of the locality, region, state, or nation; or 2. it is identified with historically significant person(s) or event(s); or 3. it embodies the distinguishing characteristics of an architectural style; ; and, be it further RESOLVED, That Common Council approves the designation of the Larkin Building at 403 College Avenue and the adjacent areas that are identified as tax parcel #64.-2-29 as a local landmark. Alderperson Murtagh noted that the Planning and Economic Development Committee was deadlocked on this issue and couldn’t break the tie due to the vacancy of Fifth Ward seat. Alderperson McGonigal spoke in favor of this legislation, noting that once these buildings are lost, they are gone forever. Alderperson Smith noted that there is disagreement on where the bar on historical significance is. This action could apply to most of the buildings in Collegetown. He stated that he could not support a historical designation for this building. Alderperson Gearhart stated that Council is not looking at all of the buildings in Collegetown, as each case needs to be considered individually. Alderperson Kerslick noted that he is not an expert in this field and would need very strong reasons as to why he would not take the recommendation of the Ithaca Landmarks Preservation Commission (ILPC) and the Historic Preservation Planner. He stated that this is an excellent example of the mix of modern and historic buildings that fit within the core of Collegetown. Alderperson Nguyen asked what ramifications a local historic designation would have on the building. Historic Preservation Planner McCracken explained that exterior alterations would require review by either himself or the full ILPC. The interior of the building is not reviewed by the ILPC unless it impacts the exterior of the building. For example the conversion of a room to a laundry room would only require the dryer vent installation to be reviewed, nothing else. George Avramis, property owner, provided a description of the plans and shared pictures of building. He voiced his concerns about safety as the building is landlocked, and many buildings on College Avenue have had fires. He explained that this is a wood October 4, 2017 17 frame building with an interior that needs to be torn down. He stated that he respects the exterior façade but believes the rest of the building needs to be torn down, noting that only the front face of the building is visible. Historic Preservation Planner McCracken noted that the City’s legislation doesn’t allow for the designation of just the façade. Discussion followed on the floor regarding whether the City could amend its legislation to allow the ILPC to designate just a façade as historical. Alderperson Fleming asked what the relationship is between local and State/Federal designations. Historic Preservation Planner McCracken explained that local designations are reviewed by the local commission. State and Federal designations are honorary unless property owner is seeking a tax incentive, or the State / Federal government is involved in the project. Alderperson Fleming stated that the City needs a better way to educate the public on the historic significance of these sites such as historical markers. Motion to Table By Alderperson Smith: Seconded by Alderperson Brock REOLVED, That this issue be tabled in order to research the ability to designate just a façade. Historic Preservation Planner McCracken noted that preserving the façade is preserving a false sense of history. The façade is not the only thing that matters to a site, this would not be true preservation. Alderperson McGonigal asked if the building meets current fire safety code including sprinklers. Mr. Avramis responded that the building does meet current fire codes as the lowest level and the stairwells have sprinklers; however, there are no sprinklers in the apartments. The building immediately adjacent to 401 College Ave is not compliant with the current fire code. Alderperson Kerslick stated that a historic designation still gives a lot of flexibility in developing this site. There is not much difference in designating the façade vs. the designating the building. Alderperson Brock stated that she does not support the designation of the entire building and hopes it will be tabled and reconsidered for the façade only. A vote on the motion resulted as follows: Ayes (2) Brock, Smith Nays (8) McGonigal, Nguyen, Murtagh, Gearhart, Fleming, Kerslick, Mohlenhoff, Decatur Failed Main Motion A vote on the Main Motion resulted as follows: Ayes (8) McGonigal, Nguyen, Murtagh, Gearhart, Fleming, Kerslick, Mohlenhoff, Decatur Nays (2) Brock, Smith Carried CITY ADMINISTRATION COMMITTEE: 8.2/10.1 Ithaca Police Department (IPD) - Request to Amend 2017 Authorized Budget for Grant - Resolution By Alderperson Mohlenhoff: Seconded by Alderperson Smith WHEREAS, the City of Ithaca Police Department recently received a Grant in the amount of $10,000 from Jason Sokolov for a heated concrete floor and insulated exterior wall at the Police Department training range; now, therefore be it RESOLVED, That Common Council hereby accepts the Grant for said improvements to the Police Department Training Range and amends the 2017 Authorized Police Department Budget as follows: October 4, 2017 18 Increase Revenue Account A3120-2705-5017 $10,000 Increase Appropriation Account A3120-5475-5017 $10,000 Alderperson Brock stated that she spoke with the donor, and he would like to see the Resolution reflect that Jason Sokolov is the donor, instead of the Jewish Communal Fund. City Controller Thayer explained that the letter received by the City said that the donor did not want to be identified and the check was issued by the Jewish Communal Fund. This change was accepted as a friendly amendment. Alderperson Brock stated that she was not aware of the use of the consent agenda at the committee level and believes that every Resolution should be discussed at the committee level. She further noted that the Resolution was changed after it was ap proved by the Committee but before it came to Council and voiced her concern about this practice. City Attorney Lavine explained that this was a staff oversight in an attempt to address a concern expressed by members of the committee. He stated that staff should inform Common Council when that happens so that Council is aware of the change. Alderperson Mohlenhoff explained the specific circumstance , and noted what was done to address concerns expressed by Alderperson Brock, stating that they were trying to be sensitive of those concerns. Discussion followed on the floor regarding the City’s policy regarding anonymous donations, and the fact that records should be subject to full disclosure. City Attorney Lavine explained that the city does not have a policy that speaks to the permissibility of anonymous donations, and has accepted them in the past. He stated that this issue could be researched further for future donations. Alderperson Kerslick agreed that a policy would make things more transparent. He explained that the donor involved wanted to donate to the Ithaca Police Department. A menu of options was made available and donor selected the project they wished to fund. Alderperson Brock noted that the City should not start work on projects until the gift has been approved, stating that work was scheduled to begin this week or last week. A vote on the Resolution resulted as follows: Ayes (9) Brock, Nguyen, Murtagh, Gearhart, Fleming, Kerslick, Smith Mohlenhoff, Decatur Nays (1) McGonigal Carried 10.2 Common Council – A Local Law to Override The Tax Levy Limit Established in General Municipal Law By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick Local Law No. 2017 - ______ BE IT ENACTED by Common Council of the City of Ithaca as follows: Section 1. Legislative Intent It is the intent of this local law to allow the City of Ithaca to adopt a budget for the fiscal year commencing January 1, 2018, that requires a real property tax levy in excess of the “tax levy limit” as defined by General Municipal law §3-c. Section 2. Authority This local law is adopted pursuant to subdivision 5 of General Municipal Law §3-c, which expressly authorizes a local government’s governing body to override the property tax cap for the coming fiscal year by the adoption of a local law approved by a vote of sixty percent (60%) of said governing body. October 4, 2017 19 Section 3. Tax Levy Limit Override The Common Council of the City of Ithaca, County of Tompkins, New York, is hereby authorized to adopt a budget for the fiscal year commencing January 1, 2018, that requires a real property tax levy in excess of the amount otherwise prescribed in General Municipal Law §3-c. Section 4. Severability If a court of competent jurisdiction determines that any clause, sentence, paragraph, subdivision, or part of this local law or application thereof to any person, firm or corporation, or circumstance is invalid or unconstitutional, the court’s order or judgment shall not affect, impair or invalidate the remainder of this local law, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, or part of this local law or in its application to the person, individual, firm or corpo ration or circumstance, directly involved in the controversy in which such judgment or order shall be rendered. Section 5. Effective Date This local law shall take effect immediately upon filing with the Secretary of State. A roll call vote resulted as follows: Alderperson Brock – Aye Alderperson McGonigal – Aye Alderperson Nguyen – Aye Alderperson Murtagh – Aye Alderperson Gearhart – Aye Alderperson Fleming – Aye Alderperson Smith – Aye Alderperson Kerslick – Aye Alderperson Mohlenoff – Aye Alderperson Decatur - Aye Carried Unanimously City Controller’s Report City Controller Thayer deferred his report and noted that both hard and electronic copies of the Mayor’s 2018 Recommended Budget would be made available tomorrow. APPOINTMENTS OF THE MAYOR: Workforce Diversity Advisory Council By Alderperson Brock: Seconded by Alderperson Kerslick RESOLVED, That LaWanda Cook be appointed to the Workforce Diversity Advisory Committee to fill a vacancy with a term to expire December 31, 2019. Carried Unanimously REPORTS OF COMMON COUNCIL LIAISONS: Board of Public Works Alderperson Fleming reported that there were 27 speakers at the last Board of Public Works meeting regarding the proposed redesign of the MLK / West State Street Corridor. Tompkins County Council of Governments (TCCOG) Alderperson Fleming reported that the public affairs office for the Steven Johnson School of Business at Cornell University is partnering with local governments on a training initiative called LeadBold. She further reported that an idea for a future meeting is to sponsor a lobbying trip to Albany. Kate Supron from the Cornell Community Relations Office will arrange for Cornell’s Albany lobbyists to speak to the group. Cornell Gorge Safety Task Force Alderperson Fleming reported that she recently represented the City at the Cornell Gorge Safety Task Force meeting. She noted that Jacob Rand spoke about the loss of his son, Nathaniel, in the Fall Creek gorge in 2011. She further reported on recent discussions about installing a gate at Ezra’s Tunnel which has an estimated cost of $35,000. Todd Bittner, Cornell Plantations, hosted a tour of the area yesterday for four Common Council members and it was very helpful in order to visualize the issues. October 4, 2017 20 Alderperson Fleming further reported that Assistant Civil Engineer Yost has provided an update on the Collegetown projects. Neighbors in the Collegetown neighborhood have shared concerns regarding student behavior. Workforce Diversity Advisory Committee Alderperson Brock reported that the Tompkins County Workers Center requested to review the city’s policies on LGBTQ rights. The WDAC is working on a “fragrance free” initiative that will include the purchasing of green cleaning products and placing signs in the restrooms encouraging people to refrain from using personal products with fragrances. Cayuga Lake Watershed Alderperson Brock reported that local leaders are meeting to discuss funding opportunities. She described the harmful algae blooms that were discovered in each of the Finger Lakes this past season, noting that more research needs to be conducted on this issue. Disability Advisory Council Alderperson Brock reported that the DAC has voiced concerns regarding the new commission structure and has requested that changes be made to the Commissions Rules of Procedure. Alderperson Mohlenhoff noted that the Working Group has met with the DAC twice and they have agreed to provide operational language for each of the commissions. The City Administration Committee will discuss this issue further in November. TCAT Board Alderperson Nguyen reported that the upcoming Chair has declined the seat for next year. The Executive Committee will discuss who will serve as chair next year, noting that he is next in line for the position. Commons Advisory Board Alderperson Gearhart reported that the Commons Advisory Board will be taking a tour of the Commons to assess existing signage and discuss enforcement of the rules on the Commons. They may make recommendations on these issues as well as allowing dogs on the Commons. Recreation Partnership Alderperson Kerslick reported that a new 5 year Recreation Partnership agreement has been developed and will be sent to the City Administration Committee for consideration. The current agreement expires at the end of the year. Alderperson Brock asked whether it was possible to look at geographic demographics to determine if another method of program funding is appropriate. MINUTES FROM PREVIOUS MEETINGS: 17.1 Approval of the August 4, 2017 and September 6, 2017 Common Council Meeting Minutes – Resolution By Alderperson Smith: Seconded by Alderperson Brock RESOLVED, That the minutes of the August 4, 2017 and September 6, 2017 Common Council Meetings 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