Loading...
HomeMy WebLinkAboutMN-CC-2019-06-05COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 6:00 p.m. June 5, 2019 PRESENT: Mayor Myrick Alderpersons (9) Brock, McGonigal, Murtagh, Nguyen, Gearhart, Fleming, Smith, Lewis, Mohlenhoff OTHERS PRESENT: City Clerk – Conley Holcomb City Attorney – Lavine City Controller – Thayer Deputy Community Development Director – Mendizabal Chief of Staff – Cogan EXCUSED: Alderperson Kerslick PLEDGE OF ALLEGIANCE: Mayor Myrick led all present in the Pledge of Allegiance to the American Flag. ADDITIONS TO OR DELETIONS FROM THE AGENDA: Alderperson Mohlenhoff requested that the order of agenda items be reversed. No Council Member objected. PROCLAMATIONS/AWARDS: Mayor Myrick proclaimed the week of July 1-7, 2019 Independents Week in the City of Ithaca and encouraged everyone to shop locally in independent shops. Presentation of Quarterly Employee Recognition Award Mayor Myrick presented the City of Ithaca Quarterly Employee Recognition Awards to: Cass Park ice rink staff and Cass Park supervisory team Staff was recognized for creating a welcoming, supportive, and inclusive environment for the Adult Recreation Support Services Division of the Ithaca Youth Bureau who launched a 7-week pilot ice skating program for adults with special needs. Cass Park staff members were role models for inclusion and supported the participants in the use of special adaptive equipment, so they had the opportunity to experience the joy of ice skating like other community members. Tim Logue, Director of Engineering Director of Engineering Logue was recognized for treating citizens, contractors, politicians, and employees with the utmost respect, dignity, and understanding. As a supervisor he is always open to talk about issues at the workplace and beyond, and he cares about the people he works for and works with. SPECIAL PRESENTATIONS BEFORE COUNCIL: Presentation from the Ithaca Youth Council: Youth Program Coordinator Beverly Stokes and the Ithaca Youth Council updated Common Council on their recent activities, highlighting the following:  Created a mission statement that includes listening and speaking for the youth of Tompkins County  Participated in a scavenger hunt to learn about government in Ithaca and Tompkins County; attended a Common Council meeting; surveyed community members about the needs of local youth; generated a list of potential focus groups; divided themselves into those groups focusing on three topics: o Confronting racism and discrimination o Creating free and safe spaces for teens o Teen mental health June 5, 2019 2  Composed a survey for Tompkins County youth surrounding the three focus groups and distributed it to 215 local youth; compiled and analyzed data and used the data to determine next steps  Conducted research on these topics in order to highlight the issues; compiled resources; shared what they learned.  Met with local leaders to discuss relevant issues The Youth Council shared the results of their survey and their lessons learned. 5.2 Reports of Municipal Officials: Tompkins County Legislator Anna Kelles reported on the following:  The Legislature passed a Resolution urging New York State to adopt Comprehensive Planet Protection legislation.  Tompkins County is completing an inventory of the climate initiatives they have undertaken in the past ten years.  The Legislature has been working on and promoting a Home Rule Bill that would allow the County to spend local money on workforce and affordable housing.  Tioga/Sears Street property purchase. A committee will begin meeting on June 14, 2019 to review potential designs of the project. A goal is to build a Net Zero building as an example of what is possible in a government setting.  The Legislature has been meeting with NYSEG and the PSC regularly to try to help them resolve the issues surrounding the gas moratorium which is preventing development in Lansing. They are working on promoting energy alternatives to reduce the need and demand for natural gas in Lansing.  Legislator Kelles voiced her support for the New York State Emergency Tenant Protection Act and thanked Alderperson Brock for working on this locally.  The Legislature adopted a Resolution supporting drivers licenses for everyone regardless of immigration status. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: The following people addressed Common Council: Fred Wilcox, City of Ithaca – Ithaca Green New Deal Kirby Edmonds, City of Ithaca – Ithaca Green New Deal Theresa Alt, City of Ithaca – Housing issues Joe Wilson, Town of Dryden – Ithaca Green New Deal Jan Lawless, Town of Ithaca – E-scooters Marty Hiller, City of Ithaca – Relocation of Community Gardens Sara Culotta, City of Ithaca – Ithaca Green New Deal Richard Entlich, City of Ithaca – E-scooters Joel Fredell, City of Ithaca – Carpenter Park / Community Gardens Elan Shapiro, Town of Ithaca – Ithaca Green New Deal Holly Payne, Town of Dryden – Ithaca Green New Deal Noa Shapiro-Tamir, Town of Ulysses – Ithaca Green New Deal Mike Moritz, City of Ithaca – Ithaca Green New Deal Magda Kossowska, Town of Ithaca – Ithaca Green New Deal Margo Brinn, City of Ithaca – Ithaca Green New Deal Brynn Schmitt, Town of Danby – Ithaca Green New Deal Isaiah Gutman, City of Ithaca – Ithaca Green New Deal Alexas & Soto Family – Ithaca Green New Deal Kurt Martin, City of Ithaca – Rent Control / Emergency Tenant Protection Act Yayoi Koizumi, City of Ithaca – Ithaca Green New Deal Guillermo Metz, Town of Danby – Ithaca Green New Deal Fay Gougakis, City of Ithaca – Lime Scooters & Bicycles Rebecca Evans, City of Ithaca – Ithaca Green New Deal Ken Jaffe, City of Ithaca – Ithaca Green New Deal / supports FT Sustainability Officer Peter Bardaglio, Village of Trumansburg – Ithaca Green New Deal Jay Lambrix, City of Ithaca – Protected bicycle lanes and parking Cathleen Banford, Town of Danby – Ithaca New Green Deal Margherita Fabrizio, City of Ithaca – E-scooters Ruby Adams, Village of Cayuga Heights – Ithaca Green New Deal June 5, 2019 3 Ella Warner, Town of Ulysses – Ithaca Green New Deal – submitted petition with 182 signatures of support Kate Potteiger, City of Ithaca – Reproductive Rights PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR: Mayor Myrick thanked the speakers for reminding him that he doesn’t always need to have all of the answers because the community is filled with smart and hard- working people who want to move the City forward. He highlighted the talented not-for-profit groups that work with the City on equality and sustainability issues, community services, housing insecurity, domestic violence, social justice, the My Brother’s Keeper Initiative, and much more. He encouraged people to get involved and support them. He further addressed comments made regarding urban/dense housing, the high cost of housing, increased carbon emissions, and the expansion of the Tompkins County Airport. Alderperson Brock responded to comments made regarding the airport expansion, noting that it will be a benefit that will support the local economy. She also addressed comments made regarding housing and noted that some rent increases effectively cause “evictions” and the gentrification of neighborhoods is pricing people out of their homes. Currently, there are no protections from those rent increases. She explained that rent stabilization is not included in tonight’s resolution, but it is one of many tools that the city is trying to bring to the community to maintain the diversity and vitality of its residents, and to offer people the stability of knowing that they are not in jeopardy of losing their housing. Alderperson Brock further noted that she hopes people will come out during budget season if they support the Ithaca Green New Deal as it will take an investment in equipment, programs, and potential new fees to make this happen. Alderperson Murtagh responded to comments made regarding finding a permanent site for the Community Gardens and thanked the local gardeners for their work throughout the years. Alderperson Nguyen thanked the speakers for coming out. He announced that TCAT ordered its last diesel bus this year and that six electric buses will be delivered next year. CONSENT AGENDA ITEMS: City Administration Committee: 8.1 Human Resources – Request to Amend Authorized Budget for a Safety Grant - Resolution By Alderperson Nguyen: Seconded by Alderperson Lewis WHEREAS, the City applied for and received an Occupational Safety and Health Training Education Program Grant from the New York State Department of Labor in the amount of $12,435; and WHEREAS, the grant will run until July 31, 2019, and provide City staff with various safety training, including, but not limited to confined space, trenching, excavation, lockout/tagout, hazard communications and work zone safety; now, therefore be it RESOLVED, That Common Council hereby amends the 2019 Authorized Human Resources Budget to account for the $12,435 Safety and Health Training and Education Program Grant from New York State as follows: Increase Revenue Account: A1430-3489 NYS Aid Health $ 12,435 Increase Appropriations Account: A1430-5435 Human Resources Contracts $ 12,435 Carried Unanimously (9-0) June 5, 2019 4 8.2 Department of Public Works (DPW) – Parking Division - Amendment to Personnel Roster - Resolution By Alderperson Nguyen: Seconded by Alderperson Lewis WHEREAS, the Director of Parking is continuing to assess and realign staffing to most effectively address operational needs; and WHEREAS, the Director of Parking is recommending the elimination of a maintenance position and the addition of a parking lot attendant position; and WHEREAS, a current employee is interested in changing from a maintenance position to a parking lot attendant position; now, therefore be it RESOLVED, That the Personnel Roster of the Parking Division of the Department of Public Works be amended as follows: Unfund: One (1) Building and Grounds Maintenance Worker Fund and increase to full-time: One (1) Parking Lot Attendant ; and, be it further RESOLVED, That the above changes shall be funded within the existing budget. Carried Unanimously (9-0) CITY ADMINISTRATION COMMITTEE: 10.1 Adoption of the Ithaca Green New Deal - Resolution By Alderperson Mohlenhoff: Seconded by Alderperson Brock WHEREAS, the City of Ithaca Common Council has demonstrated its desire and commitment to be a leader in sustainability and social equity by passing resolutions to:  Join the International Council for Local Environmental Initiatives (2001)  Endorse the US Mayors’ Climate Protection Agreement (2005)  Adopt the Climate Smart Communities Pledge (2009)  Adopt the City of Ithaca Energy Action Plan 2012-2016 (2013)  Adopt Plan Ithaca, the City’s Comprehensive Plan (2015), which features equity and sustainability as thread-through themes and contains the chapter Sustainable Energy, Water, & Food Systems ; and WHEREAS, the October 2018 report entitled ‘‘Special Report on Global Warming of 1.5 C’’ by the Intergovernmental Panel on Climate Change and the November 2018 Fourth National Climate Assessment report found that human-caused climate change is causing an increase in extreme weather events that threaten human life, healthy communities, and critical infrastructure; and WHEREAS, there is a clear emerging international consensus that to avoid the most severe impacts of a changing climate, we should work together to limit global warming to 1.5 degrees Celsius, which is even more ambitious than the previous target of 2 degrees; and WHEREAS, to accomplish this, scientists say that the entire world needs to get to net- zero emissions by 2050, meaning the same amount of greenhouse gases would have to be absorbed as released into the atmosphere; and WHEREAS, the United States should take a leading role in achieving that, but with active resistance at the federal level, it has fallen to the states, to local governments and to individual citizens to lead the way; and WHEREAS, versions of a Green New Deal, which have been proposed at both the Federal and the State level, aim to address climate change and other societal problems like economic inequality and racial injustice; and June 5, 2019 5 WHEREAS, local sustainability professionals, activists, and a growing youth climate movement have urged the City of Ithaca to show more leadership on these challenges; and WHEREAS, the City has already taken several steps to reduce greenhouse gas emissions, including the following:  Performed energy efficiency upgrades and installed rooftop solar energy systems at several locations. The Ithaca Area Waste Water Treatment Facility, recognized by the U.S. DOE for its efforts, has improved the efficiency of its operations dramatically and produces up to three quarters of its energy needs on-site through the production and use of biogas;  The City is actively working to upgrade its entire inventory of streetlights to LED technology, cutting greenhouse gas emissions 50-60% and slashing lighting costs even more dramatically;  The City worked for years to develop a large-scale solar array located at the Ithaca Tompkins airport, which would have generated enough clean electricity to power about one third of City government operations, with significant cost savings. Due to circumstances beyond the City’s control, the project ultimately fell though;  Since 2014, the City has shared a Sustainability Coordinator with the Town of Ithaca; The position is dedicated to reducing greenhouse gas emissions in government operations and the Ithaca community;  In 2018 the City adopted the Ithaca Green Building Policy report, with the intention of enacting legislation in 2019, which is currently under development;  The City installed five electric vehicle charging stations in three public parking garages and is an active partner in the EV Tompkins program, which aims to double the number of local EV drivers. The City is working on incorporating the first EV into its fleet;  In collaboration with four other municipalities, the City developed a residential energy score program that would tap market forces to improve the energy efficiency of existing homes. New York State is now rolling out regional home energy score pilot programs in several locations across the state, including Ithaca, thanks in part to these efforts;  The City enabled the innovative Property Assessed Clean Energy (PACE) financing program to offer long-term low-cost financing for energy efficiency and renewable energy projects in commercially-owned buildings. The City of Ithaca and Tompkins County were the first two upstate NY communities to offer this program ; and WHEREAS, by adopting a Green New Deal for Ithaca, the City has the opportunity to build on existing momentum and be the most climate forward city in New York State; and WHEREAS, there would be multiple benefits besides greenhouse gas reduction, including local job creation and improved community health; and WHEREAS, the City of Ithaca acknowledges that to implement a Green New Deal will require support from New York State and the Federal government; and WHEREAS, to be successfully implemented, the Ithaca Green New Deal must have the support of the City of Ithaca at all levels of government; and WHEREAS, this support can be demonstrated at first by the City of Ithaca Common Council through the adoption of this resolution; and WHEREAS, in accordance with the City of Ithaca Code §176-5C (26) “adoption of regulations, policies, procedures and local legislative decisions in connection with any action on this list”, this action does not require a City Environmental Quality Review (CEQR); now, therefore be it June 5, 2019 6 RESOLVED, That the City of Ithaca adopts a goal to meet the electricity needs of City government operations with 100% renewable electricity by 2025; and, be it further RESOLVED, That the City of Ithaca adopts a goal to reduce emissions from the City fleet of vehicles by 50% by 2025; and, be it further RESOLVED, That the City of Ithaca hereby adopts a goal of achieving a carbon neutral city by 2030; and, be it further RESOLVED, That the City of Ithaca endorses the following actions to achieve these goals:  Create a climate action plan (CAP) in 2020 to provide details on how to achieve the Ithaca Green New Deal, and update the CAP every five years;  Adopt a Green Building Policy for new buildings in 2019;  Adopt a Green Building Policy for existing buildings by 2021; and  Assign additional staff as needed to implement the plan ; and, be it further RESOLVED, That the Mayor and Common Council will work with department heads and city staff, members of appropriate boards and commissions, businesses, community groups, academic institutions, organizations, and other local governments to develop a comprehensive public input process to enable achievement of these goals; and, be it further RESOLVED, That the City Clerk send copies of this resolution to United States Senators Chuck Schumer and Kirsten Gillibrand; United States Representatives Tom Reed and Alexandria Ocasio-Cortez; Governor Andrew Cuomo; Assemblywoman Barbara Lifton; State Senator Tom O’Mara, and all the other members of the Honorable New York State Congressional delegation. Discussion followed on the floor with Sustainability Coordinator Nick Goldsmith regarding social justice issues and inclusion in the decision-making processes. Alderperson Mohlenhoff thanked Sustainability Coordinator Goldsmith for all of his work on this legislation. Amending Resolution: By Alderperson Fleming: Seconded by Alderperson McGonigal RESOLVED, That the first bullet point in the fourth Resolved clause be amended to read as follows:  “Create a climate action plan (CAP) in 2020 to provide details on how to achieve the Ithaca Green New Deal, and update the CAP regularly” and, be it further RESOLVED, That a new second bullet point be added to the fourth Resolved clause to read as follows:  “Track and annually report on progress towards the goals listed above” and, be it further RESOLVED, That a new Resolved clause be added to the Resolution to read as follows: “RESOLVED, That the City of Ithaca will ensure that the benefits of the Ithaca Green New Deal are shared among all of our local communities to reduce historical social and economic inequities, and be it further” Carried Unanimously (9-0) Amending Resolution: By Alderperson Brock: Seconded by Alderperson Lewis RESOLVED, That the first bullet point in the eighth Whereas clause be amended to read as follows: June 5, 2019 7  “Performed energy efficiency upgrades and installed rooftop solar energy systems at several locations. The Ithaca Area Waste Water Treatment Facility, recognized by the U.S. DOE for its efforts, has improved the efficiency of its operations dramatically and offsets its energy needs on-site through the production and use of biogas;” Carried Unanimously (9-0) Further discussion followed on the floor regarding the goal of reducing City fleet emissions by 50% by 2025. In response to a question about which year to compare to, Sustainability Coordinator Goldsmith responded that the baseline year used in the Energy Action Plan for government operations was 2001. Sustainability Coordinator Goldsmith noted that the City’s Fleet Manager, Brian Carman, supports the goals of the Green New Deal but is nervous about the city being able to accomplish this goal. He mentioned several factors that contribute to greenhouse gas emissions attributed to the fleet such as weather, increasing infrastructure needs, etc. and he didn’t feel as if he had enough data at this point to guarantee that he could achieve the goal. Alderperson Mohlenhoff explained that the discussion at the City Administration Committee was about keeping the goals high and striving to achieve them even if the City falls a little short. The baseline for the community in the Energy Action Plan is 2010, the baseline for the City’s government operations should be 2001. Alderperson Brock asked if there was a cost estimate projected for this goal. Mayor Myrick responded that there was not one available at this time, noting that the City typically replaces approximately fifteen vehicles a year and estimates will need to be completed comparing the costs of gasoline fueled vehicles to electric vehicles. Alderperson Brock stated that she believes that the goals need to be specific and include baselines and that a plan needs to be established that will describe how the City will achieve these goals. Amending Resolution: By Alderperson Brock: Seconded by Alderperson Nguyen RESOLVED, That the second Resolved clause be amended to read as follows: “RESOLVED, That the City of Ithaca adopts a goal to reduce emissions from the City fleet of vehicles by 50% by 2025 using the 2001 baseline from the Energy Action Plan; and, be it further Alderperson McGonigal asked if the fleet is the same size in 2019 as it was in 2001. He stated that he believes that 50% is an unrealistic number if it includes heavy equipment, noting that he is not sure that electric is an option for those types of vehicles. Alderperson Lewis also shared her concerns regarding the costs of these changes noting that the City is currently investing in DPW crews. She stated that she also supports the aspirational goals. Alderperson Mohlenhoff added that shared services/shared equipment and coordination of operations such as paving could be an option as well. Alderperson Nguyen noted that Federal and State grants and settlement funds may be available to assist with funding. Alderperson McGonigal stated that as an added incentive, if the 50% goal is met by 2025, he will walk the length of the Commons on January 1, 2026 in his most festive boxer shorts. Mayor Myrick accepted the challenge, noting that Alderperson McGonigal was true to his word and once wore a beautiful floral dress when he was proven wrong on a West End construction project. A vote on the Amending Resolution resulted as follows: Carried Unanimously (9-0) Alderperson Brock clarified that “carbon neutral city-wide” means city government and the community. Discussion followed on the floor regarding the aspects of becoming carbon neutral such as converting residential heat sources to electric and if this initiative would negatively impact lower income people. June 5, 2019 8 A vote on the Main Motion as Amended resulted as follows: Carried Unanimously (9-0) 10.2 A Resolution Authorizing the Issuance of $2,669,000 Bonds of the City of Ithaca, Tompkins County, New York, to Pay the Cost of Certain Capital Improvements in and for said City. By Alderperson Mohlenhoff: Seconded by Alderperson Lewis WHEREAS, all conditions precedent to the financing of the capital projects hereinafter described, including compliance with the provisions of the State Environmental Quality Review Act, have been performed; and WHEREAS, it is now desired to authorize the financing of such capital projects; now therefore be it RESOLVED, by the affirmative vote of not less than two-thirds of the total voting strength of the Common Council of the City of Ithaca, Tompkins County, New York, as follows: Section 1. For the object or purpose of paying the cost of certain capital improvements in and for the City of Ithaca, Tompkins County, New York, there are hereby authorized to be issued $2,669,000 bonds of said City pursuant to the provisions of the Local Finance Law, apportioned among such capital improvements in accordance with the maximum estimated cost of each. The capital improvements to be financed pursuant to this bond resolution, the maximum estimated cost of each, the amount of bonds to be authorized therefor, the period of probable usefulness of each, and whether said capital improvements are each a specific object or purpose or a class of objects or purposes, including in each case incidental improvements, equipment, machinery, apparatus, appurtenances, furnishings and expenses in connection therewith, are as follows: a) Replacement of the Cecil A. Malone Drive Bridge, at a maximum estimated cost of $2,172,000. It is hereby determined that the plan for the financing of such specific object or purpose shall consist of the issuance of $2,172,000 bonds of the $2,669,000 bonds of said City authorized to be issued pursuant to this bond resolution; provided, however, that to the extent that any Federal or State grants-in-aid are received for such specific object or purpose, the amount of bonds to be issued pursuant to this resolution shall be reduced dollar for dollar. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is 20 years, pursuant to subdivision 10 of paragraph a of Section 11.00 of the Local Finance Law; b) Construction of sidewalks along Elmwood Avenue and Valley Road, at a maximum estimated cost of $195,000. It is hereby determined that the plan for the financing of such specific object or purpose shall consist of the issuance of $195,000 of the $2,669,000 bonds of said City authorized to be issued pursuant to this bond resolution. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is 10 years, pursuant to subdivision 24 of paragraph a of Section 11.00 of the Local Finance Law; c) Computer equipment and software upgrades for the Storage Area Network, at a maximum estimated cost of $102,000. It is hereby determined that the plan for the financing of such class of objects or purposes shall consist of the issuance of $102,000 bonds of the $2,669,000 bonds of said City authorized to be issued pursuant to this bond resolution. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is 5 years, pursuant to subdivision 89, based upon subdivisions 32 and 108 of paragraph a of Section 11.00 of the Local Finance Law; and d) New improvements to the Dryden Road Parking Garage, at a maximum estimated cost of $200,000. It is hereby determined that the plan for the financing of such specific object or purpose shall consist of the issuance of $200,000 bonds of the $2,669,000 bonds of said City authorized to be issued pursuant to this bond resolution. June 5, 2019 9 It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is 25 years, pursuant to subdivision 12(a) of paragraph a of Section 11.00 of the Local Finance Law. Section 2. The aggregate maximum estimated cost of the aforesaid objects or purposes is $2,669,000, and the plan for the financing thereof is by the issuance of the $2,669,000 serial bonds authorized by Section 1 hereof, allocated to each of the objects or purposes in accordance with the maximum estimated cost of each stated in Section 1 hereof; provided, however, that the amount of serial bonds will be reduced by any Federal or State grants-in-aid received therefor, as specifically provided herein. Section 3. The faith and credit of said City of Ithaca, Tompkins County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such obligations as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such obligations becoming due and payable in such year. There shall annually be levied on all the taxable real property of said City, a tax sufficient to pay the principal of and interest on such obligations as the same become due and payable. Section 4. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the bonds herein authorized, including renewals of such notes, is hereby delegated to the City Controller, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said City Controller, consistent with the provisions of the Local Finance Law. Section 5. The powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the City Controller, who shall advertise such bonds for sale, conduct the sale, and award the bonds in such manner as he shall deem best for the interests of the City; provided, however, that in the exercise of these delegated powers, he shall comply fully with the provisions of the Local Finance Law and any order or rule of the State Comptroller applicable to the sale of municipal bonds. The receipt of the City Controller shall be a full acquittance to the purchaser of such bonds, who shall not be obliged to see to the application of the purchase money. Section 6. All other matters, except as provided herein relating to such bonds, including determining whether to issue such bonds having substantially level or declining debt service and all matters related thereto, prescribing whether manual or facsimile signatures shall appear on said bonds, prescribing the method for the recording of ownership of said bonds, appointing the fiscal agent or agents for said bonds, providing for the printing and delivery of said bonds (and if said bonds are to be executed in the name of the City by the facsimile signature of the City Controller, providing for the manual countersignature of a fiscal agent or of a designated official of the City), the date, denominations, maturities and interest payment dates, place or places of payment, and also including the consolidation with other issues, shall be determined by the City Controller. It is hereby determined that it is to the financial advantage of the City not to impose and collect from registered owners of such serial bonds any charges for mailing, shipping and insuring bonds transferred or exchanged by the fiscal agent, and, accordingly, pursuant to paragraph c of Section 70.00 of the Local Finance Law, no such charges shall be so collected by the fiscal agent. Such bonds shall contain substantially the recital of validity clause provided for in section 52.00 of the Local Finance Law and shall otherwise be in such form and contain such recitals in addition to those required by section 52.00 of the Local Finance Law, as the City Controller shall determine. Section 7. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said City is not authorized to expend money, or June 5, 2019 10 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 8. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150-2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 9. This resolution, which takes effect immediately, shall be published in summary form in the Ithaca Journal, the official newspaper, together with a notice of the City Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. 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 Lewis: Aye Alderperson Mohlenhoff: Aye Alderperson Kerslick: Absent Carried Unanimously (9-0) 10.3 City Controller’s Report: City Controller Thayer stated that he would distribute his report to Common Council via e-mail in deference of the business that still needs to be conducted. Alderperson Mohlenhoff left the meeting at 8:45 pm. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE: 9.1 2019-2023 Consolidated Plan Adoption – Housing and Urban Development (HUD) Entitlement Program - Resolution By Alderperson Murtagh: Seconded by Alderperson Nguyen WHEREAS, in the Fall of 2003, the U.S. Department of Housing and Urban Development (HUD) notified the City that it qualified as an ‘Entitlement Community’ and it would be receiving an annual allocation of HUD funds through the Community Development Block Grant Program (CDBG) and HOME Investment Partnerships (HOME) Program; and WHEREAS, in order to access these funds, the City is required to undertake a public input process and prepare a Consolidated Plan, which identifies priority community development needs for the City of Ithaca, every five years; and WHEREAS, the City’s fourth Consolidated Plan is required to be submitted to HUD by June 16, 2019; and WHEREAS, under the terms of the February 14, 2013 agreement between the City of Ithaca and the Ithaca Urban Renewal Agency (IURA), the City has designated the IURA as the Lead Agency to develop and administer the Consolidated Plan on behalf of the City; and WHEREAS, the Consolidated Plan may only be adopted by the City of Ithaca after it has undergone a 30-day public comment period and been the subject of two Public Hearings; and WHEREAS, the first Public Hearing was held before the IURA on March 28, 2019, and the second Public Hearing was held at the Planning and Economic Development Committee of Common Council on May 8, 2019; and June 5, 2019 11 WHEREAS, the IURA adopted the draft Consolidated Plan at its April 18, 2019 meeting and recommended that Common Council approve it; and WHEREAS, the 30-day public comment period for the Consolidated Plan ends on May 31, 2019; and WHEREAS, any additional public comment received will be incorporated into a revised draft version of the Consolidated Plan; now, therefore be it RESOLVED, That the Common Council of the City of Ithaca hereby adopts the draft Consolidated Plan, dated April 18, 2019; and, be it further RESOLVED, That the Common Council authorizes the Mayor, subject to review by the City Attorney, to execute certifications and any other documents necessary to submit the Consolidated Plan to HUD. Alderperson McGonigal thanked Deputy Community Development Director Mendizabal for the excellent report and for advocating for new recreational facilities on West Hill. He noted that developing economic and employment opportunities is very important to him, and this plan addresses those issues. Alderperson Lewis also thanked Deputy Community Development Director Mendizabal for her leadership and work on this plan. A vote on the Resolution resulted as follows: Carried Unanimously (8-0) 9.2 Adoption of the Draft 2019 Action Plan ― HUD Entitlement Program - Resolution By Alderperson Murtagh: Seconded by Alderperson Nguyen WHEREAS, the City of Ithaca (City) is eligible to receive an annual formula allocation of funds to address community development needs through the U.S. Department of Housing & Urban Development (HUD) Entitlement Program from the Community Development Block Grant (CDBG) program and the HOME Investment Partnerships (HOME) program funding sources; and WHEREAS, the City has contracted with the Ithaca Urban Renewal Agency (IURA) to administer, implement, and monitor the City’s HUD Entitlement Program in compliance with all applicable regulations; and WHEREAS, on an annual basis, an Action Plan must be submitted to HUD to access HUD Entitlement Program funding allocated to the City; and WHEREAS, the 2019 Action Plan identifies a specific list of budgeted community development activities to be funded from the 2019 HUD Entitlement Program allocation and associated funds administered by the IURA; and WHEREAS, the following funding is available to be allocated through the 2019 Action Plan: $688,397.00 CDBG 2019 allocation $107,000.00 CDBG 2019 projected Program Income $ 26,786.99 CDBG recaptured/unallocated funds $305,972.00 HOME 2019 allocation $ 97,022.70 HOME 2018 Community Housing Development Organization (CHDO) reserve $ 4,309.08 HOME 2017 Community Housing Development Organization (CHDO) reserve $ 5.00 HOME recaptured/unallocated funds $1,229,492.77 Total ; and June 5, 2019 12 WHEREAS, the IURA utilized an open and competitive project selection process for development of the 2019 Action Plan in accordance with the City of Ithaca Citizen Participation Plan; and WHEREAS, the IURA developed a draft 2019 Action Plan for public comment and Common Council consideration; and WHEREAS, a public hearing on the draft Action Plan was held on May 8, 2019; now, therefore be it RESOLVED, That the Common Council for the City of Ithaca hereby adopts the Draft 2019 City of Ithaca Action Plan, dated April 18, 2019, for allocation of the City’s 2019 HUD Entitlement Program award along with associated funds listed above; and, be it further RESOLVED, that the Ithaca Urban Renewal Plan shall be amended to include activities funded in the adopted 2019 Action Plan. Alderperson Nguyen noted that he has had the privilege of seeing these funds in action and they are a vital resource to the community. A vote on the Resolution resulted as follows Carried Unanimously (8-0) 9.3 Proposed Planned Unit Development Application - Park Grove Realty and Cayuga Medical Center - Common Council Conditional Approval Resolution By Alderperson Murtagh: Seconded by Alderperson Nguyen WHEREAS, on April 4, 2018, the Common Council adopted legislation creating a Planned Unit Development Overlay District (PUDOD); and WHEREAS, on February 19, 2019, Whitham Planning and Design submitted an application on behalf of Park Grove Realty and Cayuga Medical Center for consideration of the establishment of a Planned Unit Development District at Carpenter Circle, City of Ithaca Tax Parcel numbers 36.-1-3.3 and 36-1-3.5; and WHEREAS, the applicant has stated that the project could not proceed under the existing zoning due to setback and height requirements; and WHEREAS, the applicant is proposing to develop a new urban neighborhood, comprised of a medical facility, one 4-story residential building, and two 6-story mixed use buildings containing ground floor commercial space, parking, and 4 stories of residential apartments; and WHEREAS, the applicant will further develop interior neighborhood streets, pedestrian and transit connections, shared parking, play areas, and green space; and WHEREAS, the applicant will relocate, reconfigure and make improvements to the onsite community gardens and establish a permanent site for the gardens equal in size to what currently exists on the project site; and WHEREAS, the total proposed development contains approximately 64,000 SF of medical office space, 208 new housing units, 42 of which will be designated as affordable units, 414 surface parking spaces, and 193 garage spaces; and WHEREAS, the Planning and Economic Development Committee requested the applicant explore ways to reduce the number of parking spaces, increase the number of shade trees, and add screening along the rear property line and in the parking areas; and WHEREAS, the Planning and Economic Development Committee requested that the applicant ensure that the project will provide the Community Gardens with an equal June 5, 2019 13 amount of space as currently exists, and include a dental clinic that accepts Medicaid; and WHEREAS, the project is intended to provide the following benefits to the community: 1. Provide a permanent and improved space for the Community Gardens, 2. Generate approximately 150 new jobs, 3. Build approximately 40 units of housing that would be priced to be affordable to those earning 50-60% of AMI, 4. Provide high-quality public amenities, including improved pedestrian, transit, and bicycle access throughout the site, and public spaces including open green space, plazas for events and/or outdoor dining, a playground, and storm water management gardens featuring native plantings, 5. Create an improved gateway into the City of Ithaca on Route 13 North, 6. Align with the City’s Comprehensive Plan and ongoing planning related to the Route 13 corridor and the Waterfront Zone ; and WHEREAS, in accordance with the adopted City process for consideration of a PUD, notice of the proposal was circulated by mail to all properties within 500’ of the project site and a public information session was held on Monday, April 8, 2019; and WHEREAS, the meeting was advertised in the Ithaca Journal and on the City’s web site and the property was posted with the appropriate signage; and WHEREAS, the process for consideration of an application for a Planned Unit Development requires that the applicant obtain an approval, in concept only, from the Common Council prior to beginning the site plan review process; now, therefore be it RESOLVED, That the City of Ithaca Common Council does hereby grant approval, in concept only, to Park Grove Realty and Cayuga Medical Center for their application to establish a Planned Unit Development District on City of Ithaca Tax Parcel numbers 36.-1-3.3 and 36-1-3.5; and, be it further RESOLVED, That by granting an approval, in concept, the Common Council acknowledges that the applicant is able to begin the site plan review process despite any zoning-based deficiencies in the application; and, be it further RESOLVED, That the Common Council does hereby request that the City of Ithaca Planning and Development Board update the Common Council after each Planning Board meeting where this project is considered and request ongoing written comments from the Common Council about the project; and, be it further RESOLVED, That the Common Council strongly encourages the project developers to incorporate a dental clinic that accepts Medicaid; and, be it further RESOLVED, That if this project receives a negative declaration of environmental significance and contingent site plan approval, the applicant will return to the Common Council for final consideration of the adoption of the Planned Unit Development District. Alderperson Murtagh explained that the language regarding the inclusion of a dental clinic that will accept Medicaid came from the Northside United Neighborhood Association who is very interested in having a medical facility located downtown that will accept Medicaid eligible patients. Alderperson Brock noted that Planned Unit Development applications usually include schematics and images of how the buildings fit on the property and how they scale to the neighborhood; however, Council hasn’t received those. She requested confirmation that Council is only being asked to approve the PUD in concept, and would be asked to grant final approval at a later date. June 5, 2019 14 Economic Development Planner Kusznir affirmed that the only thing being considered tonight is whether Council believes that the proposed benefits to the community are worth proceeding with a proposed zoning change. Planning and Development Director Cornish added that Council is being asked whether they support the concept of having a medical facility in that area along with housing. The Planning Board will scrutinize the design and site plan issues. Planning and Development Director Cornish further explained that if the project could not obtain funding and the affordable housing element was no longer included, Common Council could deny the project because it did not match the original proposal. The developers are expected to be checking in with Council as they are working with the Planning Board. Project funding will be applied for throughout the process. Discussion followed on the floor regarding whether the affordable housing element should be separated out from the medical center PUD. City Attorney Lavine confirmed that Common Council has the option of deciding whether they want to have two separate PUD applications for this project, and further explained that they could also insert additional requirements into its PUD approval. These requirements could either delay approval until the affordable housing element has been funded or include other funding options that would force the inclusion of affordable housing. Alderperson Fleming stated that the project includes a lot of impermeable space including the 413 parking spaces and voiced her hope that the Planning Board could work on reducing that amount. She further inquired about the mechanism that would allow the Community Gardens to have a permanent home. City Attorney Lavine responded that the Community Gardens could ultimately own the property; engage in an option to own the property; or could commit to a long-term lease with the City. Alderperson McGonigal referenced the Waterfront District Zoning deliberations and the 5-story height limit. He noted that this is the first major development since the new zoning regulations have been established and it includes a proposed zoning change with even taller buildings. He suggested that a smaller project might have less parking and impermeable space. Planning and Development Director Cornish explained that this project required several small variances. The options were to go to the Board of Zoning Appeals (BZA) to request the variances or apply for a PUD. She felt that the PUD was the better path for this project as Common Council wouldn’t have any involvement if the developers had simply gone to the BZA. Scott Whitham, Project Designer, explained that the increased height proposal is due to putting two levels of parking underneath the buildings, to reduce the amount of surface parking, and noted that the soil conditions are challenging on the site. Alderperson Brock clarified that all three of the proposed buildings would exceed the current zoning. She stated that she would not be voting in support of the PUD; however, she does support the community benefits being proposed: medical facility, affordable housing, etc. She further noted that she does not support any housing that is located adjacent to the Wastewater Treatment Plant, the railroad tracks, and petroleum storage. Alderperson Lewis stated that the public has called for the development of additional housing. She voiced her support for this plan as it will provide much needed housing in the City, and a permanent home for the Community Gardens. She voiced her support for a dental facility that will take Medicaid and noted that the potential for the creation of jobs is a real plus. She agreed that too much surface parking is being proposed but voiced her confidence in the design and site plan processes. Alderperson Murtagh stated that he agrees with Alderperson Lewis and supports the PUD in concept. He noted that he has concerns about the design of project and the amount of parking, but the list of community benefits exceeds them. He further commented that a mixed- use development is what the community was looking for, and this is also an opportunity to resolve the issue of finding a permanent home for the community gardens. June 5, 2019 15 Alderperson McGonigal asked what the zoning process would be. Planning and Development Director Cornish responded that the Planning Board would work on the design process with updates to Common Council. Common Council will have the final project approval, but she hopes that concerns can be addressed throughout the review process. Alderperson Brock noted that the Planning Board is in the driver’s seat on this project and if it is approved in concept, Council would be approving what is being proposed. Alderperson Murtagh voiced his disagreement and noted that Common Council approves zoning regulations for a reason. The Planning Board will review this project very carefully. He stated that he feels strongly about affordable housing and is not sure that he would approve this project without it being included. He also stated that the developers will need to address the parking/impermeable surface issues. Alderperson Nguyen stated that he agrees with Alderperson Lewis, noting that he does not have an issue with the size of the project; however, he shares the concerns about parking. Alderperson Fleming stated that she would reluctantly support the PUD application, acknowledging that it is a very large but difficult site. She supports the community benefits that this project would bring. A vote on the Resolution resulted as follows: Ayes (7) McGonigal, Murtagh, Nguyen, Gearhart, Fleming, Smith, Lewis Nays (1) Brock Carried (7-1) 9.4 Approval of E- Scooter Pilot Program - Resolution By Alderperson Murtagh: Seconded by Alderperson Smith WHEREAS, The City of Ithaca Planning and Economic Development Committee (PEDC) asked the Mobility, Accessibility, and Transportation Commission (MATCom) to research several facets of e-scooter implementation to help the City of Ithaca determine whether and how to launch an e-scooter sharing pilot program; and WHEREAS, e-scooters represent an exciting opportunity for the City of Ithaca, and a pilot program for e-scooter sharing would allow the City to observe how e-scooter sharing impacts Ithaca and to collect ridership data without tying the City to a permanent decision; and WHEREAS, MATCom recommended a pilot e-scooter sharing program be conducted from May 2019 through mid-November 2019, and that the pilot should be monitored on a weekly basis; and WHEREAS, MATCom recommended establishing an exclusive agreement with one e- scooter provider, Lime; and WHEREAS, an MOU regarding e-scooters should follow the guidelines outlined by NACTO and amended by Council and should establish clear regulations regarding e- scooter usage; and WHEREAS, Ithaca should consider requiring Lime to maintain a minimum fleet of bicycles, both pedal and e-bikes, along with the e-scooter program, to meet the needs of the entire community; and WHEREAS, Common Council supports stipulations requiring e-scooter providers to ensure e-scooters are distributed among a variety of neighborhoods on the Flats of the City, as equitable distribution and usage of e-scooters can potentially provide a new, affordable mode of transportation to those who need it most; now, therefore be it June 5, 2019 16 RESOLVED, That the Common Council of the City of Ithaca authorizes Lime to conduct a pilot program, beginning in the Spring of 2019, to assess the functionality of e- scooters as it pertains to the city of Ithaca; and, be it further RESOLVED, That authorization is contingent upon Lime’s maintenance of a minimum fleet of bicycles in the community and the equitable distribution of scooters across the Flats of the City; and, be it further RESOLVED, That Common Council authorizes the Mayor, together with the City Attorney, to establish a Memorandum of Understanding (MOU) with Lime prior to implementation of the e-scooter pilot program; and, be it further RESOLVED, That authorization is contingent upon (i) Lime’s maintenance of a minimum fleet of bicycles in the community and the equitable distribution of scooters across the Flats of the City; (ii) a maximum scooter speed of ten (10) miles per hour, (iii) Lime’s implementation of a rider training plan with the goal of achieving lower proportion of injuries incurred by first-time riders than seen in the May 2019 CDC report, (iv) Lime’s implementation of a helmet promotion program that results in increased helmet use. Alderperson Murtagh explained that the Planning and Economic Development Committee held a lengthy discussion on this issue. He noted that Alderperson Brock suggested additions to the City Code; however, the Committee concluded that amendments to the City Code could be considered if the City decides to move forward with the initiative after the pilot program. Mayor Myrick noted that an alternate proposal has been distributed that amends the language of the Resolution to state that the pilot program would only be allowed once the use of e-scooters on streets has been legalized by New York State. He asked Common Council members to indicate which version of the legislation they were more comfortable with. Alderperson Brock stated that she was not comfortable with either proposal without the addition of language to the City Code as the Ithaca Police Department would not be able enforce the use of e-scooters because there would be no law to enforce. Mayor Myrick stated that he spoke with Acting Chief Nayor and Sgt. Tomberelli and they recommended that the priority be placed on education to make enforcement easier, that there be an amendment made to the V&T Chapter of the City Code, and that IPD be involved in the negotiation of the MOU with Lime. Alderperson Fleming stating that she would not support either Resolution as she does not believe that the benefits of the program outweigh the costs (ie, potential injuries). She cited inadequate street and sidewalk infrastructure, enforcement issues, and feels that the scooters would be used for more for recreation vs. transportation. She also noted that criteria had not been developed by which to evaluate the pilot program so it could be used in the consideration of making this a permanent program. She voiced her support for the inclusion of legislation in the City Code once New York State legalizes the use of e-scooters on streets. Alderperson Smith noted that he has also been skeptical of this initiative because of safety issues, and the potential impact it would have on transportation trips but stated that he thinks a trial should be initiated in the spirit of the Ithaca Green New Deal along with an evaluation of the success of the program. He noted that there would be time to work on the safety and enforcement issues before the MOU is finalized. He voiced his support for the Mayor to bring the MOU back to Council for approval. Alderperson Brock noted that the references to the Green New Deal may not be relevant as her research has indicated that e-scooters are highly consumable and only have an approximate 3-month life span. Many end up as garbage that are thrown into the creeks and waterways. She stated that she doesn’t believe that a “last mile” is needed on the flats as that is where the buses are located. She noted that she thinks this program will be very popular and used for tourism and recreation but believes that June 5, 2019 17 liability should be reviewed carefully, and legislation should be in place before anything is done. Mayor Myrick commented that he saw a lot of commuting utility in them in Washington D.C. and stated that he would use them for “last mile” trips. He highlighted the use of kiosks where people would have to obtain the scooters and receive training/education and receive a helmet. He further cited the ability to set lower speed limits, the proposed use of geo-fencing, and other safety features. Alderperson Gearhart stated that he had the same concerns as Alderperson Fleming on impacting behavior, the need to educate people in order to prevent injuries, and enforcement issues. He noted that Common Council has a history of creating pilots and not identifying which data and data collection system should be used during the evaluation of program. Alderperson Lewis thanked Alderpersons Fleming and Gearhart for articulating the concerns that she shares. She noted that this initiative feels rushed and that there is not enough data on the potential reduction of car trips due to Lime bikes or e-scooters. She further voiced concerns about safety for pedestrians/cyclists/drivers/scooter users, inadequate infrastructure, parking, and the use of e-scooters on sidewalks. She stated that these issues should be resolved before approving a pilot. She further inquired as to whether there would be a discussion regarding the authorization of fees for the use city streets. Motion to Extend Meeting By Alderperson Lewis: Seconded by Alderperson Nguyen RESOLVED, That the meeting be extended to 10:30 pm. Ayes (7) Brock, Nguyen, Murtagh, Gearhart, Fleming, Smith, Lewis Nays (1) McGonigal Carried (7-1) Alderperson Murtagh stated that he would support this Resolution with an amendment that states that the Mayor would bring the MOU back to Council for final approval. Mayor Myrick agreed to bring the MOU back to Council for approval and stated that he would gather a small working group to work on the development of the MOU. Discussion followed on the floor regarding the ability of the scooters to carry people up the hills and the future of e-bikes. Lime Operations Manager Jeff Goodmark explained that the future of e-bikes is unclear at this time and stated that there are three e-bike companies in the country vs. 125 e-scooter companies. Amending Resolution: By Alderperson Murtagh: Seconded by Alderperson Smith RESOLVED, That the third Resolved clause be amended to read as follows: “RESOLVED, That Common Council authorizes the Mayor to execute, subject to the approval of the City Attorney, an agreement with Lime authorizing implementation of an e-scooter pilot program to begin no earlier than authorized by applicable state law, and that said agreement return to Common Council for approval.” Mr. Goodmark stated that he shares all of the concerns voiced tonight and safety is paramount to the success of the program. He noted that Lime just implemented scooters in Hoboken, NJ and during that process, he met with the Mayor and Chief of Police regarding public education. He stated that he would bring some of their ideas and their “lessons learned” to Ithaca. He noted that he would like to begin “Lime Academies”, an educational outreach program, before the launch of the scooters. He also stated that scooters would be plated with identification numbers, and safety cards would hang on the scooters’ handlebars. Alderperson McGonigal noted that IPD is not able to enforce the use of bicycles on the sidewalks, so it is not realistic to expect that the police will be able to keep scooters off of the sidewalks. June 5, 2019 18 Extensive discussion followed regarding the need for the minimum of a 2-week education program, modifications to the Resolution and/or program to include the restriction of e-scooters to the flat areas of the City, restricted speed limits for e- scooters, low battery requirements, the inclusion of a fee for the use of city streets, and a restriction on the use of e-scooters between a half hour before sunrise to a half hour after sunset. Further discussion followed regarding the language of the Amending Resolution. Motion to Call the Question By Alderperson Brock: Seconded by Alderperson Fleming A motion to Call the Question on the Amending Resolution resulted as follows Carried Unanimously A vote on the Amending Resolution resulted as follows: Ayes (6) Brock, McGonigal, Murtagh, Gearhart, Fleming, Smith Nays (2) Nguyen, Lewis Carried (6-2) Discussion followed on the floor regarding how geo-fencing, out-of-zones, no parking zones, and reduced speed zones work. Main Motion as Amended A vote on the Main Motion as Amended resulted as follows: Ayes (6) Brock, McGonigal, Nguyen, Murtagh, Gearhart, Smith Nays (2) Fleming, Lewis Carried (6-2) 9.5 Resolution Supporting New York State (NYS) Emergency Tenant Protection Act (ETPA) of 1974 By Alderperson Brock: Seconded by Alderperson Nguyen WHEREAS, the City of Ithaca has documented and identified unmet need for affordable housing opportunities to serve low and moderate income residents; and WHEREAS, as a result, in 2018, Common Council amended the Community Investment Incentive Tax Abatement Program (“CIITAP”) to expand its applicable boundaries and to require new residential developments participating in the program of 10 units or more to have a minimum of 20 percent of their housing units be affordable to households earning up to 75 percent of the Area Median Income (“AMI”) calculated using the average AMI of the 3 most recent years; and WHEREAS, CIITAP is only one way to address housing affordability, and aside from the new construction that is required to be affordable according to this program, currently state law does not provide local authority to form a local board that would determine annual allowable rental increases in order to protect tenants from arbitrary rent increases; and WHEREAS, according to recent data, 73% of the residents in the City of Ithaca are renters, and the average vacancy rate is the lowest in Tompkins County at approximately one percent; and further, over 50% of Tompkins County residents pay 30 percent or more of their income (a standard affordability metric) to pay their rent; and June 5, 2019 19 WHEREAS, the New York State’s Emergency Tenant Protection Act (ETPA) of 1974 provides rental protections including rent stabilization whereby landlords are subject to regulated rent increases1 and tenants have the right to renewal leases2; and WHEREAS, under the current ETPA law only municipalities in Nassau, Westchester, Rockland counties and New York City are eligible to adopt a form of rent stabilization, resulting in rent protections only applying to tenants in 8 of the state’s 62 counties; and WHEREAS, in 2019, New York State’s Emergency Tenant Protection Act (ETPA) of 1974 will be expiring, presenting an opportunity for our leadership in Albany to improve and extend the tenants’ rights moving forward; now therefore be it RESOLVED, That the City of Ithaca Common Council supports and endorses A7046 (Cahill)3 in the Assembly, and S5040 (Breslin)4 in the Senate which would strike the geographic boundaries from the ETPA so that local governments across New York State will have the option to apply the law to their areas of jurisdiction; and, be it further. RESOLVED, That the City Clerk is directed to send a copy of this resolution to U.S. Senator Kirsten Gillibrand, U.S. Senator Charles Schumer, Governor Andrew Cuomo, New York State Senator Thomas O’Mara, New York State Assemblywoman Barbara Lifton, Senate Assembly Chair Brian Kavanagh, and Assembly Housing Chair Steven Cymbrowitz. Carried Unanimously (8-0) Report of Chair: Alderperson Murtagh announced that the Ithaca Police Department and Tompkins County Sheriff’s Office Co-location Study and the Immaculate Conception School PUD proposal would be on the agenda for the June 12, 2019 Planning and Economic Development Committee meeting. INDIVIDUAL MEMBER – FILED RESOLUTIONS: 13.1 Alderperson Murtagh - Ithaca Common Council Resolution Supporting Reproductive Rights By Alderperson Murtagh: Seconded by Alderperson Fleming WHEREAS for nearly 50 years Roe v. Wade has been settled constitutional law in the United States, upholding the individual’s right to privacy in healthcare decisions and the right to access safe, legal abortion services; and WHEREAS in 2019 Georgia, Alabama, and other states have passed extreme abortion bans that are clearly meant as efforts to overturn Roe v. Wade, providing no exception for cases of rape or incest; and WHEREAS these bans threaten medical professionals with jail time for carrying out legally-sanctioned abortions; and WHEREAS in addition to being unconstitutional, these bans are not based on sound medical or scientific practice and if enacted would put women’s lives at risk by dramatically curtailing access to reproductive healthcare services, especially among women with lower incomes and women of color; and 1 https://www1.nyc.gov/nyc-resources/service/2069/new-york-city-rent-increase Market rate apartment rental rates and lease terms are negotiated between the owner and tenant. The New York City Rent Guidelines Board (NYCRGB) determines rent increases for lease renewals of rent stabilized apartments, lofts, hotels and single room occupancies (SROs). It does not set the rent increase for vacancy leases, rent controlled apartments, unregulated apartments, or subsidized housing. Rent increase percentages for rent stabilized apartments and lofts are adjusted each year. For renewal leases beginning between October 1, 2018, through September 30, 2019, the rent increase for rent stabilized apartment and loft renewals is: ● 1-year lease: 1.5% ● 2-year lease: 2.5% 2 https://www.nysenate.gov/legislation/laws/ETP 3 https://www.nysenate.gov/legislation/bills/2019/a7046 4 https://www.nysenate.gov/legislation/bills/2019/s5040 June 5, 2019 20 WHEREAS a majority of people in the United States support legalized abortion, including many conservative and religious leaders; and WHEREAS, the State of New York recently enacted the Reproductive Health Act, which codifies the constitutional standard of Roe v Wade in state law, removing abortion from the criminal code and establishing it as a matter of public health; and WHEREAS, Plan Ithaca, the City of Ithaca’s comprehensive plan, states that “preventative, ongoing, and emergency healthcare will be available to all” and access to reproductive healthcare is vital to ensuring the health and wellness of women and families in Ithaca and Tompkins County; and WHEREAS, in 2018 Planned Parenthood of the Southern Finger Lakes offered sexual and reproductive healthcare and counseling services in more than 17,000 visits throughout their region, including in their largest health center in the City of Ithaca; and WHEREAS, Planned Parenthood of the Southern Finger Lakes would be directly impacted by the rollback or reversal of Roe v. Wade; now, therefore be it RESOLVED, That the City of Ithaca Common Council strongly condemns any effort at local, state, or federal levels to roll back or overturn the rights guaranteed by Roe v. Wade, specifically the rights of people to make their own reproductive health decisions in consultation with their medical providers; and, be it further RESOLVED, That the Common Council directs the City Clerk to send a copy of this resolution to Assemblywoman Barbara Lifton, State Senator Tom O’Mara, Congressman Tom Reed, US Senator Kirstin Gillibrand, and US Senator Charles Schumer. Carried Unanimously (8-0) Alderperson Murtagh thanked Alderperson Lewis and the staff of Planned Parenthood for their advocacy on this issue. 13.2 Mayor Myrick - Establishment of the Salary for the Acting Police Chief - Resolution By Mayor Myrick: Seconded by Alderperson Gearhart WHEREAS, Police Chief Pete Tyler retired from the Ithaca Police Department on May 30, 2019; and WHEREAS, Deputy Chief of Professional Standards Dennis Nayor agreed to serve as Acting Chief, effective May 31, 2019; and WHEREAS, the Acting Chief also continues to fulfill the duties of Deputy Chief of Professional Standards; and WHEREAS, Common Council has historically sought to avoid issues of internal salary compression between supervisors and the employees whom they supervise; and WHEREAS, according to Common Council resolution adopted May 3, 2017, after 30 days the Acting Chief's salary would be increased to Grade 12, Step 2 of the Management Compensation Plan, which is lower than the salary of the Deputy Police Chief who will supervised by the Acting Chief; and WHEREAS, on September 28, 2019, in accordance with the aforementioned resolution, the Acting Chief's salary would move to Grade 12, Step 3 of the Management Compensation Plan; and WHEREAS, to avoid the salary compression issue, it is recommended that the Acting Chief’s salary be set at Grade 12, Step 3 after only 30 days; now, therefore be it June 5, 2019 21 RESOLVED, That Common Council hereby authorizes the Acting Police Chief salary at Grade 12, Step 3 of the Management Compensation Plan, effective June 30, 2019; and be it further RESOLVED, That the Acting Police Chief salary will remain at Grade 12, Step 3 until the earlier of September 28, 2020, at which time it will move according to the resolution adopted May 3, 2017, or upon the appointment of a permanent Police Chief. Carried Unanimously (8-0) MAYOR’S APPOINTMENTS: 14.1 Appointment to Community Life Commission – Resolution By Alderperson Lewis: Seconded by Alderperson Smith RESOLVED, That Joy Das be appointed to the Community Life Commission to replace Carlie McClinsey with a term to expire December 31, 2019. Carried Unanimously (8-0) MINUTES FROM PREVIOUS MEETINGS: 18.1 Approval of the May 1, 2019 Common Council Meeting Minutes – Resolution Approval of the minutes of the May 1, 2019 Common Council meeting was deferred until the July 3, 2019 meeting. ADJOURNMENT: On a motion the meeting adjourned at 10:45 p.m. ______________________________ _______________________________ Julie Conley Holcomb, CMC Svante L. Myrick City Clerk Mayor