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MN-CC-2016-05-04COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 6:00 p.m. May 4, 2016 PRESENT: Mayor Myrick Alderpersons (8) Brock, McGonigal, Murtagh, Nguyen, Gearhart Fleming, Kerslick, Martell EXCUSED: Alderpersons Mohlenhoff, Smith OTHERS PRESENT: City Clerk – Conley Holcomb City Attorney – Lavine City Controller – Thayer Building - Planning & Development Director – Cornish City Planner - Nicholas Superintendent of Public Works – Thorne Asst. Supt. of Water & Sewer - Whitney Human Resources Director – Michell-Nunn Fire Chief – Parsons GIAC Director – McBean-Clairborne PLEDGE OF ALLEGIANCE: Mayor Myrick led all present in the Pledge of Allegiance to the American Flag. PROCLAMATIONS/AWARDS: Presentation of “Giving is Gorges Day” Proclamation Mayor Myrick proclaimed May 4, 2016 as Giving is Gorges Day in the City of Ithaca and encouraged everyone to make a donation to their favorite non-profit organization by visiting givingisgorges.com. SPECIAL PRESENTATIONS BEFORE COUNCIL: 5.1 Conservation Advisory Council Presentation on Their Draft Report Regarding Storm Water by Chair Jesse Hill Jesse Hill, Chair of the Conservation Advisory Council (CAC) provided an overview of the duties and membership of the CAC and explained their role in the project review process. The CAC reviewed several chapters of the City Code and identified areas where legislation could be strengthened in order to meet the City’s goal of mitigating the negative impacts of storm water runoff. The CAC identified the following potential additions and/or changes to the Stormwater User Fee to develop incentives for best management practices: High Risk Areas The City Flood zone and Floodways are defined according to FEMA maps. These areas require good stormwater management. The Utility Fee rates can be increased at properties in a Flood zone and/or with steep slopes to provide clear incentive for best practices at High-Risk locations. They can also be eligible to earn a greater Fee Credit to use against good stormwater design construction costs. NYSDEC additional language on Flooding may be used as supportive ordinances for this section and entitle the City to its own credit through insurance (FIRM) rebates. 2 Common Council Meeting Minutes May 4, 2016 Residential Credit The User Fee Credit is not available for Single Family and Duplex properties. This excludes the segment of Ithaca’s community who owns their home and thinks a lot about stormwater impacts and remediation. There is no recognition for the public community who cares. The CAC recommends consideration of a full Fee Credit for homeowners who can demonstrate effective stormwater management practices on their parcel. Discussion followed on the floor regarding the logistics and feasibility of these recommendations. Alderpersons Brock and McGonigal thanked the CAC for the incredible amount of energy and attention that was given to this issue. Alderperson Brock noted that she would like staff to have an opportunity to review and respond to the draft report. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: The following people addressed Common Council: Lane Woods, City of Ithaca, submitted a petition with 57 signatures on it regarding the safety of children, seniors, and disabled residents living at the Stone Quarry Apartments, 400 Spencer Road. They are requesting that the City construct a safe walkway from their apartment complex to South Meadow Street. Rick Manning, Town of Ithaca, Friends of Stewart Park, highlighted amenities that have been purchased as a result of the Day of Giving, such as the Mayors bench on the Cayuga Waterfront Trail. He further voiced his support for the proposed Waterfowl Ordinance stating that it is a common sense first step; however, the situation needs a thoughtful solution and he looks forward to the development of a more in depth plan. Neil Golder, City of Ithaca, addressed issues surrounding Collegetown Development and specifically the proposed apartment building at 201 College Avenue. He stated that the proposal is inappropriate for the neighborhood as the building would completely dwarf the surrounding houses including two houses with historic designations. He requested that the Collegetown design standards be implemented before this project receives the necessary approvals. David Nutter, City of Ithaca, spoke in opposition to the proposed Waterfowl Ordinance, stating that it was too broad as many species of birds are located in Stewart Park. He suggested that if goose droppings are the issue, that can be addressed in different ways. He believes that this is not sensible way to manage geese, and that the City needs to do their part in habitat modification to change waterfowl behavior. Joel Harlan, Town of Newfield addressed the proposed Waterfowl Ordinance, Collegetown development, and fire safety concerns. PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR: Mayor Myrick welcomed Ms. Woods to the City and thanked her for speaking on this important issue. He explained that the Engineering Division is currently working on a re-design of the roadway and intersection in that area. He further thanked Mr. Manning for coming to the meeting and for the Mayors bench newly located on the Cayuga Waterfront Trail. Alderperson Martell thanked Mr. Nutter for his comments and clarified that she is not trying to vilify geese, she’s looking for ways that the City can try to cohabitate with them. Alderperson McGonigal thanked Ms. Woods for her comments and noted that he and Alderperson Brock have been working with residents and staff on ways to re-route traffic in that area. 3 Common Council Meeting Minutes May 4, 2016 Alderperson Murtagh echoed Alderperson McGonigal’s comments regarding Spencer Road, stating that this issue needs to be a priority. He further responded to Mr. Golder’s comments regarding 201 College Avenue. He stated that the project is under the jurisdiction of the Planning Board now, and that the Collegetown design guidelines are projected to be completed this year. Alderperson Brock thanked Ms. Woods for her comments. She stated that there was a meeting with residents and staff about this issue and a consultant was hired to provide three designs. She stated that these options would be presented to the neighborhood before the project proceeds to the Board of Public Works. Alderperson Kerslick thanked Alderperson Golder for his comments and noted that he has written to the Planning Board about this issue as well. He stated that he hopes Mr. Golder will continue to urge the Planning Board to address the issue and to mitigate any impacts that this development would have on the neighborhood. CONSENT AGENDA ITEMS: City Administration Committee: 8.1 GIAC - Request to Amend 2016 Roster - Resolution By Alderperson Kerslick: Seconded by Alderperson Fleming WHEREAS, the Greater Ithaca Activities Center (GIAC) has proposed to add two (2) full time (35-hours each) GIAC Program Leaders to the roster; and WHEREAS, these positions will provide opportunities for internal promotion for qualifying GIAC Program Assistants; and WHEREAS, the work performed by these positions will support GIAC programming effectively; and WHEREAS, GIAC’s 2016 budget as approved includes funding for these positions; and WHEREAS, no additional funds are being requested for these positions; now, therefore be it RESOLVED, That the Personnel Roster of GIAC shall be amended as follows: Add – Two (2) GIAC Program Leader Positions (35-hours each) And, be it further, RESOLVED, That while the additional positions are filled via promotion, the 2 GIAC Program Assistant positions shall remain vacant; and, be it further RESOLVED, That said roster amendment will be made within the existing funds of the 2016 authorized GIAC budget. Carried Unanimously (8-0) 8.2 Youth Bureau – Request to Amend 2016 Budget – Resolution By Alderperson Kerslick: Seconded by Alderperson Fleming WHEREAS, the Ithaca Youth Bureau has requested to amend the 2016 budget due to the award of a Tompkins County Tourism grant; and WHEREAS, the money received from this grant will be used to purchase equipment for Ithaca Bike Rental as proposed in the grant; and WHEREAS, this amendment requires no additional funds from the City; now, therefore be it 4 Common Council Meeting Minutes May 4, 2016 RESOLVED, That Common Council hereby amends the 2016 Youth Bureau Budget as follows: Increase expenses: A7310-5460-1203 $5,000 Increase revenues A7310-2070-1203 $5,000 Carried Unanimously (8-0) 8.3 Ithaca Fire Department - Purchase of Fire Police Vehicle - Resolution By Alderperson Kerslick: Seconded by Alderperson Fleming WHEREAS, the Ithaca Fire Police is a unit of the Ithaca Fire Department comprised of members of Neriton Fire Company No. 9; and WHEREAS, the Ithaca Fire Police Unit responds to emergencies requiring traffic and crowd control; and WHEREAS, the work of the Fire Police involves the use of barricades, flares, portable traffic control signs, scene lighting, and traffic cones; and WHEREAS, the Ithaca Fire Department does not have a vehicle to permanently store and make available for use for carrying traffic control equipment; and WHEREAS, the members of the Fire Police Unit currently use their personal vehicles to transport traffic control equipment to emergency incidents; and WHEREAS, Neriton Fire Company No. 9 has offered to fund the purchase of a vehicle, up to twenty thousand dollars ($20,000); and WHEREAS, Neriton Fire Company No. 9 has offered to provide funding for retrofitting, and major repairs of the Fire Police vehicle; and WHEREAS, the City Attorney has recommended that the Fire Police Vehicle be owned by the City of Ithaca for it to be eligible for insurance and registration under the City of Ithaca; and WHEREAS, the Fire Police Vehicle, when not in use, will be parked or stored on City owned property; and WHEREAS, the Fire Chief supports the request of Neriton Fire Company No. 9 to purchase a vehicle for the Fire Police Unit; now, therefore be it RESOLVED, The Common Council of the City of Ithaca approves the acceptance of funds from Neriton Fire Company No. 9 for the purchase of a vehicle for the Fire Police Unit; and, be it further RESOLVED, That the proceeds of the Fire Company No. 9 gift shall be placed in revenue Account A3410-2705-122050; and, be it further RESOLVED, The funds provided by Neriton Fire Company No. 9 for the purchase of a Fire Police Vehicle shall be transferred to appropriation Account A3410-5215-12250; and, be it further RESOLVED, The funds provided by Neriton Fire Company No. 9 for retrofitting, and major repairs to the Fire Police Vehicle shall be transferred to appropriation Account A3410-5476-12250; and, be it further 5 Common Council Meeting Minutes May 4, 2016 RESOLVED, The cost of registration, insurance, fuel and routine maintenance will be paid for out of existing Fire Department funding; and, be it further RESOLVED, The Common Council authorizes the purchase of a Fire Police Vehicle at a cost not to exceed funds provided by Neriton Fire Company No. 9; and, be it further RESOLVED, The Common Council authorizes the retrofitting and major repairs of the Fire Police Vehicle not to exceed funding provided by Neriton Fire Company No. 9. Carried Unanimously (8-0) 8.4 DPW – Approval of Boat Storage Rack Construction Funding - Resolution By Alderperson Kerslick: Seconded by Alderperson Fleming WHEREAS, a proposal to install, maintain, and license 5 boat storage racks at a total of 4 locations within Stewart and Cass Parks was approved by Common Council on March 2, 2016; and WHEREAS, the capital cost to construct the boat storage racks is estimated to be $5,000 with a revenue stream to the City expected to be $6,000 per year; and WHEREAS, funds to pay for the initial installation will come from account A7111-5483, Parks and Forestry Construction Supply, which were not anticipated in the 2016 Department of Public Works budget; now, therefore be it RESOLVED, That Common Council authorize the transfer of $5,000 from unrestricted contingency to account A7111-5483. Carried Unanimously (8-0) 8.5 DPW - Agreement with Tompkins County Soil and Water Conservation District for coordination and implementation of the Cayuga Lake Watershed Hydrilla Project in the Cayuga Inlet, Fall Creek and Southern Cayuga Lake for 2016 - Resolution By Alderperson Kerslick: Seconded by Alderperson Fleming WHEREAS, the Tompkins County Soil and Water Conservation District (District) is working to eradicate the Invasive Hydrilla plant from the Cayuga Inlet, Fall Creek, adjacent tributaries, and the southeast corner of Cayuga Lake; and WHEREAS, the Finger Lakes-Lake Ontario Watershed Protection Alliance (FLLOWPA) has received NYSDEC administered grant funding (Aid to Localities Contract No. C304750) for hydrilla eradication efforts (including in-field management/treatment, extensive plant community and hydrilla tuber monitoring); and WHEREAS, NYSDEC requires a “full reimbursement” process for Hydrilla Project activities, including coverage of all up-front Project costs before NYSDEC funds can be accessed and reimbursement requested; and WHEREAS, the District does not have appropriate funding on hand to cover up-front Project costs, but must continue the coordination and implementation of critical Hydrilla Project activities with the Hydrilla Task Force to ensure Project success; and WHEREAS, in order to make this a possibility and cover the needed up front $300,000 project costs, the City of Ithaca has combined with Tompkins County to lead the funds with a later reimbursement; now, therefore be it RESOLVED, By the City of Ithaca that, 1.) The City of Ithaca enters into a contract with Tompkins County Soil and Water Conservation District to provide local funding support of $100,000 for Hydrilla Project activities for the 2016 treatment season. 6 Common Council Meeting Minutes May 4, 2016 2.) The Tompkins County Soil and Water Conservation District (on behalf of the Hydrilla Task Force of the Cayuga Lake Watershed), will secure sub-contracts with Project contractors in order to implement necessary in-field Hydrilla Project activities, including hydrilla management and eradication treatments, and plant community and hydrilla tuber monitoring. 3.) Tompkins County Soil and Water Conservation District will submit reimbursement requests to NYSDEC via FLLOWPA for Project costs incurred during the 2016 treatment season. Reimbursement requests will be submitted on a quarterly basis (per NYSDEC contract terms). Reimbursement funds will be sent to TCSWCD, which will then be sent to the City of Ithaca. Carried Unanimously (8-0) 8.6 Ithaca Fire Department - Request to Establish Capital Project for Technical and Urban Search Rescue - Resolution By Alderperson Kerslick: Seconded by Alderperson Fleming WHEREAS, the City of Ithaca Fire Department (IFD) was awarded $79,400 under the FY 2014 Technical Rescue and Urban Search and Rescue (USAR) Grant Program; and WHEREAS, the funding for this initiative is provided by the federal Department of Homeland Security’s State Homeland Security Program (SHSP), and administered by the New York State Division of Homeland Security and Emergency Services; and WHEREAS the award provides reimbursement for the purchase of trench rescue team equipment, and the personnel costs for trench rescue equipment training; now, therefore be it RESOLVED, That Common Council hereby authorizes the Controller’s Office to establish Capital Project #829 IFD Technical and Urban Search and Rescue in the amount not to exceed $79,400 with all funds issuing from the FY 2014 Technical Rescue and Urban Search and Rescue (USAR) Grant Program. Carried Unanimously (8-0) CITY ADMINISTRATION COMMITTEE: 9.1 Working Group to Propose Restructuring of Boards and Committees - Resolution By Alderperson Fleming: Seconded by Alderperson Gearhart WHEREAS, in 2011, the City of Ithaca contracted with an outside consulting firm to evaluate the city’s organizational structure as it relates to performance measurement and efficiencies, resulting in what we now call “The Novak Report”; and WHEREAS, based on the Novak Report, the Common Council identified as a priority the task of performing a comprehensive analysis of the City’s approximately 30 boards and committees; and WHEREAS, the Common Council now desires to complete that analysis and consider recommendations for restructuring many of the City’s boards and committees (which shall, for purposes of this resolution, include commissions, councils other than the Common Council, and groups), though generally not the City’s quasi-judicial boards and committees; now, therefore be it RESOLVED, That a Boards and Committees Restructuring Working Group (“BCRWG”) shall be formed to gather input from existing boards and committees, and the public, on possible models for restructuring, and to propose to the City Administration Committee a realigned structure for the City’s boards and committees that supports the following goals: 7 Common Council Meeting Minutes May 4, 2016 1. To create a structure in which volunteers and citizens effectively engage in order to drive change and address changing needs. 2. To make effective use of volunteer time and energy. 3. To create a structure in which volunteer committees can bring new ideas and initiatives forward to Council for adoption in an easy and consistent manner. To also create a structure in which Council and/or the Mayor can assign an emerging issue to a committee for research, public input, and analysis. 4. To define clearer relationships between City committees and Council. 5. To better utilize staff resources in order to most effectively empower the committees. 6. To be even more responsive to the needs of our community. 7. To make recruitment of new board members easier. 8. To create a structure that is fluid enough to be both proactive and reactive depending on the situation or issue. 9. To provide citizens better visibility and access into government and how to create change. and be it further, RESOLVED, That the Mayor shall select, recruit, and appoint seven members of the BCRWG as follows, who shall additionally be advised by the City Attorney: Two present or former board or committee members Two members of the Common Council Two City staff with familiarity with the City’s board and committee structure The Chief of Staff; and be it further, RESOLVED, That a member of the BCRWG shall provide progress updates to the City Administration Committee at most meetings of the City Administration Committee. Alderperson Brock referenced a letter that was sent to the Mayor and Council from the City’s Workforce Diversity Advisory Committee. She stated that a goal of this initiative should be diversity and inclusion in appointments to advisory boards and they would like to be represented on the Committee. Amending Resolution By Alderperson Brock: Seconded by Alderperson Nguyen RESOLVED that an item number 10 be added to the first Resolved clause to read as follows: “10. To actively seek employees and volunteers with diverse backgrounds” Carried Unanimously (8-0) Main Motion as Amended A vote on the Main Motion as Amended resulted as follows: Carried Unanimously (8-0) 8 Common Council Meeting Minutes May 4, 2016 9.2 DPW - Approval of Assessments for Sidewalk Construction Costs for Portions of Cornell Street and Hancock Street - Resolution By Alderperson Fleming: Seconded by Alderperson Kerslick WHEREAS, on May 7, 2012, the Board of Public Works directed new sidewalk construction by City forces along the west side of Cornell Street, between East State/Martin Luther King, Jr. Street. and Eastwood Avenue, in accordance with Uniform Sidewalk Improvement sections of the City Charter, pursuant to plans and specifications prepared by the Office of the City Engineer, and under the direction of the Superintendent of Public Works; and WHEREAS, after a recommendation from the Board of Public Works, Common Council created Capital Project # 779 in the amount of $50,000 for Cornell Street sidewalk construction and associated costs, with the understanding that approximately half of that amount would be recoverable under sidewalk assessments authorized under the Uniform Sidewalk Improvement sections of the City Charter; and WHEREAS, on June 4, 2012, the Board of Public Works directed new sidewalk construction by City forces along the north and south side of the 700 block of Hancock Street, in accordance with Uniform Sidewalk Improvement sections of the City Charter, pursuant to plans and specifications prepared by the Office of the City Engineer, and under the direction of the Superintendent of Public Works; and WHEREAS, the Cornell Street and Hancock Streets sidewalks were constructed by the City Department of Public Works in the summers of 2012 and 2013, respectively; and WHERAS, Common Council passed Local Law No. 3-2013, effective January 1, 2014, in essence modifying the City Charter’s policy in regard to responsibility for sidewalk construction costs; and WHEREAS, in the context of the new law, and through the adoption of the 2014 Sidewalk Improvement District budget and work plan, the Board indicated their intent to share the costs of the new sidewalk between the adjacent property owners and the newly created Sidewalk Improvement Districts; and WHEREAS on June 9, 2014, the Board held a duly advertised public hearing in accordance with Section C-89 of the City Charter, in regard to apportioning and assessing sidewalk costs for both Cornell Street and Hancock Street construction, in accordance with plans and schedules of cost prepared by the Office of the City Engineer; and WHEREAS, on August 18, 2014, the Board of Public Works approved an apportionment of costs as shown in the attached schedule of costs prepared by the Office of the City Engineer, and recommended to Common Council to assess such apportioned costs to the adjacent property owners in accordance with Section 89 of the City Charter; now, therefore be it RESOLVED, That Common Council does hereby approve the apportionment of cost as approved by the Board of Public Works on August 18, 2014; and, be it further RESOLVED, That Common Council does hereby direct the Finance Department to assess the apportioned costs to the adjacent property owners as follows: Address Assessment 10 Cornell Street $ 5,364.06 1120 East State Street/ Martin Luther King, Jr. St. $ 5,515.63 622 Cascadilla Street $ 5,721.52 702 Hancock Street $ 3,393.00 710 Hancock Street $ 3,213.60 711 Hancock Street $ 273.00 9 Common Council Meeting Minutes May 4, 2016 Alderperson McGonigal noted that he would like to amend the Resolution as it pertains to the Cornell Street sidewalk assessment. He noted that this particular sidewalk is very important for children who attend Belle Sherman Elementary School and as such, he does not feel that it is right that the property owners have to pay the full amount of the assessment. He stated that he would like it to be more of a 75% / 25% split. Alderperson Brock questioned whether annual credits could be used in this case. City Attorney Lavine explained that the credits do not cover the entire cost of the assessment and discussed a scenario should the property be sold to another owner. Amending Resolution: By Alderperson McGonigal: Seconded by RESOLVED, That the last Resolved clause be amended to reflect that the property owners of 10 Cornell Street pay 1/3 of the sidewalk assessment and the 2/3 balance be derived from SID funding. Motion Failed for Lack of a Second City Attorney Lavine explained that these sidewalk assessments fall under the old sidewalk system, so financial payment arrangements for these charges can still be arranged under that system. Main Motion: A vote on the Resolution resulted as follows: Ayes (7) Brock, Nguyen, Murtagh, Gearhart, Fleming, Kerslick, Martell Nays (1) McGonigal Carried (7-1) 9.3 DPW - Establishment of a Capital Project and Funding to Replace a Portion of the Sanitary Sewer Main Along the South Hill Trail above Renzetti Place - Resolution By Alderperson Fleming: Seconded by Alderperson Brock WHEREAS, two sanitary sewer mains along the west end of the South Hill Trail have experience storm related high flows on at least two occasions since 2011 resulting in overflows which spilled onto the trail and along the south ditchline of Renzetti Place; and WHEREAS, the carrying capacity of the two mains is exceeded during high flows due to slope, size, and both mains being connected perpendicular to the flow in the Hudson Street sanitary sewer main at the same location; and WHEREAS, installing four new manholes and 463 feet of new 15 inch diameter pipe to make a new point of connection with the sanitary sewer main on Hudson Street downhill of the existing connection will provide both increased slope and a more hydraulically efficient transition in that the flows will be converging in the same direction; and WHEREAS, the Department of Public Works Water & Sewer Division staff has estimated the maximum cost for this project to be $36,000.00; and WHEREAS, a 41.57% share of the costs of this sanitary sewer project could be reimbursed by the Town of Ithaca under the Joint Sewer Interceptor Agreement in an amount not to exceed $14,965.20; and WHEREAS, the Department of Public Works Water & Sewer Division staff estimates its crews could complete this work in two to four weeks. Work would be scheduled for summer or fall of 2016; now, therefore be it 10 Common Council Meeting Minutes May 4, 2016 RESOLVED, That Common Council hereby establishes Capital Project #630 with an amount not to exceed $36,000.00 to facilitate the construction of a 463-foot length of sanitary sewer main along South Hill Trail above Renzetti Place; and, be it further RESOLVED, That funds needed for said sewer main project shall be derived from the issuance of Serial Bonds or within existing Sewer Fund appropriations. Alderperson Kerslick asked why this particular pipe is a priority and why the not to exceed amount of funding was set at $36,000. Superintendent of Public Works Thorne responded that the $36,000 was a rounded off figure. Assistant Superintendent of Water & Sewer Whitney explained that sewer overflows are occurring on the South Hill Recreation Trail and the Department of Environmental Conservation fines and clean-up costs are higher than this amount. There have not been sewer overflows in other areas of the City. Alderperson Brock noted that the replacement of the sanitary main is also appreciated in terms of the hazardous material spills. A vote on the Resolution resulted as follows: Carried Unanimously (8-0) 9.4 DPW – Establishment of a Capital Project to Replace Water and Sanitary Sewer Mains on the 200 Block of Dryden Road By Alderperson Fleming: Seconded by Alderperson Kerslick WHEREAS, the City’s water main on the 200 block of Dryden Road is 106 years old, originally constructed in 1910, and the City’s sewer main is 120 years old, originally constructed in 1896; and WHEREAS, the current redevelopment of two parcels located in the 200 block of Dryden Road includes overhead electric and communications being moved to underground installations as well as the addition of a medium pressure natural gas main underground; and WHEREAS, the cost of replacing the City’s water and sewer would be significantly higher if done after the new underground electric, communications, and gas have crowded the available space in the street right-of-way; and WHEREAS, the street surface, curb, and drainage are all in need of replacement and will be further disturbed necessitating a full depth street rebuild; and WHEREAS, in order to take advantage of a substantial cost savings, the Department of Public Works Water and Sewer Division is requesting funding to perform this work, which entails replacement of 385 feet of sanitary sewer main and 377 feet of water main; and WHEREAS, the Department of Public Works Water & Sewer Division staff has estimated the maximum cost for replacement to be $236,000.00; and WHEREAS, City Department of Public Works Water & Sewer Division staff estimates city crews will complete this work in six to eight weeks and is to be scheduled during the time frame from June 2016, to August 2016; now, therefore be it RESOLVED, That Common Council establishes water Capital Project #531 in the amount of $131,100 and sewer Capital Project #631 in the amount of $104,900 for a combined amount not to exceed $236,000.00, to facilitate the construction of replacement of water and sewer mains on the 200 Block of Dryden Road; and, be it further 11 Common Council Meeting Minutes May 4, 2016 RESOLVED, That funds needed for said water and sewer main project shall be derived from the issuance of Serial Bonds or within existing water and sewer appropriations. Alderperson Brock questioned whether the need for this work could be attributed to all of the new development in Collegetown and the resulting increased demand. Superintendent of Public Works Thorne responded that the development is partially responsible; however, this main is over 100 years old and he views this action as being proactive before there is a devastating break. A vote on the Resolution resulted as follows: Carried Unanimously (8-0) 9.5 DPW - Additional Budget Authorization for Water Treatment Plant Improvement Project - Resolution By Alderperson Fleming: Seconded by Alderperson Gearhart WHEREAS, within the original design and contract for the Water Supply Project was for City’s two clearwells at the Water Treatment Plant both to be relined and made watertight. The 1929 clearwell was successfully sealed and relined. The 1903 clearwell because of its condition cannot be sealed or relined; and WHEREAS, it is necessary to the function of the Water Treatment Plant and Water Distribution System that 1903 clearwell be replaced in that it both provides for balanced and efficient operation of the membrane filters and the required storage for emergency supply and fire flow; and WHEREAS, the City’s Engineering Consultants for the project, O’Brien and Gere have estimated the maximum budget for replacement of the 1903 clearwell to be $1,250,000.00; and WHEREAS, the projected June 2016 contingency remaining in the project budget for Contract 4 under Water Capital Project #510 is $927,667.00, this includes expenditure of $50,000.00 to be used for Engineering design and construction phase services for the 1903 clearwell rebuild; and WHEREAS, the Assistant Superintendent for the City of Ithaca DPW Water and Sewer Division along with staff Engineers have reviewed, discussed, and determined that the additional project construction and engineering costs are in line with best practices, are necessary, and the Board of Public Works approved the additional budget authorization in the amount of $1,200,000.00 with the understanding that at the close of Contract 4 the balance of the contingency line will be all applied first towards this additional work to minimize the amount of the additional funds expended; now, therefore, be it RESOLVED, That Common Council hereby amends Water Capital Project #510 by an amount not to exceed $1,200,000 for a new total authorization of $37,900,000; and, be it further RESOLVED, That Common Council authorizes additional funding for Contract #4 under Capital Project 510 in an amount not to exceed $1,200,000.00; and, be it further RESOLVED, That at the close of Contract #4, the balance of the contingency line will be applied towards this additional work to minimize the amount of the additional funds expended; and, be it further RESOLVED, That Common Council authorizes additional funding for Capital Project 510 in an amount not to exceed $1,200,000.00 to be derived from the balance of the contingency line at the close of Contract #4 estimated to be $927,667 and the remaining amount of $272,333 would be derived from the issuance of Serial Bonds or with available funds from Capital Reserve #16 Water Sources Development. Carried Unanimously (8-0) 12 Common Council Meeting Minutes May 4, 2016 9.6 DPW - Request for Funding for Engineering Services Agreement for Mechanical Thickening, Grit Removal and Administration Building Improvements Design Study - Resolution By Alderperson Fleming: Seconded by Alderperson Brock WHEREAS, the Ithaca Area Wastewater Treatment Plant requires constant upgrading to meet the rigorous water quality and clean energy standards embodied in its long range planning goals; and WHEREAS, upon review of the findings from the March 2016, Primary Treatment and Anaerobic Digester Improvements Feasibility Study; and WHEREAS, results of said study and past long-term planning studies supplied staff with information leading to the conclusion that the next phase of improvements should include mechanical thickening of organic solids prior to anaerobic digestion, replacing existing grit removal technology and improving the administration building; and WHEREAS, GHD Engineers has submitted a proposal for performing the design study for an amount not to exceed $159,000; and WHEREAS, the funding supplied by this resolution will be placed in accounts for Capital Project 420J; and WHEREAS, the Special Joint Subcommittee approved the design study at its April 13, 2016, regular meeting; now, therefore be it RESOLVED, That Common Council hereby amends Joint Activity Capital Project #420J Enhanced Primary Treatment Improvements by an amount not to exceed $159,000 for a total project authorization of $287,650; and, be it further RESOLVED, That the Common Council hereby recommends an amount not to exceed $159,000 to fund the proposed agreement with GHD Engineers set to expire December 31, 2016, authorizing funds from Capital Reserve Account J1 or by issuing Serial Bonds; and, be it further RESOLVED, That Common Council hereby recommends this Joint Activity CP #420J amendment be contingent upon approval by all wastewater partners and their respective attorneys committing their percentage of reimbursement shares to the Joint Activity Fund allocated per the Joint Sewer Agreement as follows: Municipality Percentage Project Cost City of Ithaca 57.14 $90,852.60 Town of Ithaca 40.88 64,999.20 Town of Dryden 1.98 3,148.20 $159,000.00 Carried Unanimously (8-0) 9.7 IFD - Approval of Staffing for Adequate Fire and Emergency Response (SAFER) Grant - Resolution By Alderperson Fleming: Seconded by Alderperson Martell WHEREAS, the U.S. Federal Emergency Management Agency (FEMA) offers and awards annual grant funding directly to professional and volunteer fire departments to ensure they have adequate personnel and equipment to respond to and safely perform at incident scenes and provide protection from fire and fire-related hazards for their communities; and 13 Common Council Meeting Minutes May 4, 2016 WHEREAS, the Ithaca Fire Department is eligible for and has submitted an application for funding assistance under the Staffing for Adequate Fire and Emergency Response (SAFER) program to fund the salaries and benefits for two years associated with the filling of (4) firefighter positions that were eliminated through attrition as part of the 2011, 2012, and 2013 fiscal year City Budgets; and WHEREAS, as a result of said request, the US FEMA SAFER program requests a letter of commitment from the City’s governing body agreeing with the terms and conditions of the SAFER grant program, should an award be made; now, therefore be it RESOLVED, That the Mayor is authorized to submit a letter of commitment to US FEMA outlining a clear understanding of the terms and conditions of a FY 2016 SAFER grant. Alderperson McGonigal questioned how the funding of these four firefighter positions would help the volunteer recruitment effort. Chief Parsons responded that the volunteer recruitment effort was part of a different grant. Alderperson Brock asked for confirmation that this grant would fund the positions for two years and then the municipality pays the salaries. Chief Parsons responded affirmatively but noted that it is possible to write another grant to fund an additional two years of salary. If there are lay-offs during that time period, the remaining funds would need to be returned to the Federal Government. Mayor Myrick thanked Chief Parsons for taking the initiative on this issue. A vote on the Resolution resulted as follows: Carried Unanimously (8-0) City Controller’s Report: City Controller Thayer reported on the following: 2017 budget process has started – the Mayor’s guidelines will be going out in June. Early estimates of taxable assessments indicate that the tax base will be increasing 9.17% which means if the tax rate remains as is, the City will collect $2 million in additional revenue. Tompkins County expects many appeals however; so these figures are strictly preliminary. The last time assessments were this high was in 2009 and 2006. Discussion followed on proposed tax cap calculations and their impact on the 2017 tax rate. Sales tax collections are above 2015 activity by 2.3% Overtime costs: $297,000 has been spent of the $960,000 budgeted Building permit revenue: $414,000 has been collected of the $800,000 budgeted Parking revenue: $742,000 has been collected of the $2.3 million budgeted March CPI is .29% PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE: 10.1 Resolution to Select Artwork for a Mural Installation on the Water & Sewer Workshop By Alderperson Murtagh: Seconded by Alderperson Kerslick WHEREAS, the City of Ithaca Public Art Commission (PAC) was established to, among other duties, review and advise the Common Council on proposals for the exhibition and display of public art in the City’s public spaces; and WHEREAS, Plan Ithaca, the City’s comprehensive plan, identifies public art as an important cultural resource that contributes to quality of life and economic vitality and calls for the City’s continued support of public art (see Cultural Resources); and 14 Common Council Meeting Minutes May 4, 2016 WHEREAS, in 2010, the PAC created a mural and street art program to beautify blank walls within the city, while providing local artists from all sections of the community an opportunity to showcase their work; and WHEREAS, the Board of Public Works approved several locations for future murals and street art, including the Department of Public Works facilities on First Street, by resolution on May 19, 2010; and WHEREAS, Danielle Hodgins has submit her proposal for a mural titled “Beyond the Dust” to be installed on the Route 13- facing façade of the Water & Sewer workshop on First Street, as part of the PAC’s Mural and Street Art Program; and WHEREAS, the PAC held a public comment period on the mural design and location at its meeting on March 23, 2016 to gather input on the proposed installation, and all of the responses to the proposal have been positive; and WHEREAS, the mural will be funded through the Community Arts Partnership’s Public Art Grant, and the installation will be budget-neutral to the City; and WHEREAS, at its meeting on March 23, 2016, the Public Art Commission voted to recommend that the Common Council select Danielle Hodgins’s mural to be installed on the Water & Sewer workshop; now, therefore, be it RESOLVED, That the City of Ithaca Common Council selects Danielle Hodgins’s mural “Beyond the Dust,” as recommended by the Public Art Commission, to be installed on the Route 13-facing façade of the Water & Sewer workshop on First Street and to be added to the City of Ithaca’s public art collection; and be it further RESOLVED, That the selected artist may proceed with the installation of the mural upon the execution of an agreement with the City as reviewed by the City Attorney. Carried Unanimously (8-0) 10.2 Resolution to New York State Concerning Property Taxes on Resale Restricted Homes By Alderperson Murtagh: Seconded by Alderperson Martell WHEREAS, there is a demonstrable and critical shortage of affordable housing within the City of Ithaca and Tompkins County; and WHEREAS, this Common Council has attempted to address that shortage through a number of measures, including financial participation with Tompkins County and Cornell University to create the Community Housing Development Fund that provides subsidies for creation of affordable housing; and WHEREAS, Section 501(c)(3) of the Internal Revenue Code allows for the creation of nonprofit entities that have as one of their purposes the acquisition of land to be held for the primary purpose of providing affordable homeownership through the implementation of deed or ground lease restrictions; and WHEREAS, the nonprofit agency is subject to an initial regulatory agreement restricting purchase of these properties in accordance with an income test; and WHEREAS, such programs are known generically as community land trusts, and WHEREAS, with the support and encouragement of the members of the Community Housing Development Fund, the community land trust model is being utilized in Tompkins County as a means to develop affordable housing that remains affordable throughout its existence by means of limitations on future resale prices; and 15 Common Council Meeting Minutes May 4, 2016 WHEREAS, while the limitation on resale prices promotes long-term affordability, New York State’s Real Property Tax Law does not allow consideration of such limitations when determining the assessed valuation of property participating in a community land trust, resulting in assessed values that can far exceed the restricted resale value of the property and a property tax burden well in excess of that borne by properties that have similar resale values in the marketplace; and WHEREAS, this adverse element of the Real Property Tax Law is deterring the development and purchase of homes through the community land trust program and is therefore exacerbating the shortage of affordable housing in Tompkins County; and WHEREAS, it is in the interest of City of Ithaca to address that deterrent to the development of affordable housing; and WHEREAS, the Ithaca Urban Renewal Agency recommends the Common Council adopt a resolution supporting a change in Real Property Tax law so owner-occupied, resale-restricted affordable residences incur a property tax bill similar to residential properties with similar resale values in the City; now, therefore, be it RESOLVED, the Common Council for the City of Ithaca urges the New York State Legislature to amend the Real Property Tax Law by creating a new section of law that would allow Tompkins County, by local law, to grant a partial exemption equal to the difference between the full resale value absent any restriction and the maximum resale value of said property established by said ground lease to residential properties located on land owned by a nonprofit entity and subject to a ground lease or deed restrictions which restrict the resale price of the property for at least 30 years; and, be it further RESOLVED, That this resolution be delivered to appropriate elected officials and the County Assessor. Alderperson Murtagh noted that Assemblywoman Barbara Lifton supports this initiative. Alderperson Brock stated that she has mixed feelings on this issue and also has mixed feelings about the land banking system as it seems unequitable to property owners. She stated that she would not support this Resolution. Alderperson Nguyen stated that he would support the Resolution, noting that the entities are not paying property taxes but they are providing valuable services to the City. He believes this change would benefit property owners. Alderperson Murtagh explained that the Ithaca Neighborhood Housing Services would be the primary user of this system. He noted that subsidized home owners have restrictions; however the tax levels are the same. The change in the law would require them to sell their homes at an affordable rate, not the market rate. A vote on the Resolution resulted as follows: Ayes (7) McGonigal, Nguyen, Murtagh, Gearhart, Fleming, Kerslick, Martell Nays (1) Brock Carried (7-1) 16 Common Council Meeting Minutes May 4, 2016 10.3 An Ordinance To Amend The City of Ithaca Municipal Code, Chapter 325, Entitled “Zoning,” To Establish the Cherry Artspace Planned Unit Development Zone By Alderperson Murtagh: Seconded by Alderperson Kerslick ORDINANCE NO. ____ BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca that Chapter 325, entitled “Zoning”, be amended as follows: Section 1. Chapter 325 (“Zoning”), Section 325-13 of the City of Ithaca Municipal Code entitled “Temporary Mandatory Planned Unit Development (TMPUD) District” is hereby amended to add Section 325-13(M) entitled “Districts” which shall read as follows: 325-13(M). Districts. 1. Cherry ArtSpace Zoning District A. Boundaries of Zoning District (1) The Cherry Artspace Zoning District are hereby established to consist of a tract or parcel of land, situate in the City of Ithaca, County of Tompkins and State of New York, bounded and described as follows: Beginning at a pipe marking the intersection of the southerly line of Taber Street with the westerly line of Cherry Street in said City; and thence running south 23° 50' west and along the westerly line of Cherry Street 100 feet to a point; thence running westerly and along other premises of the grantor herein and parallel to the southerly side of Taber Street approximately 64 feet to the easterly line of the premises appropriated by the State of New York for the Flood Control Channel (see Liber 472 of Deeds at page 221 and Liber 473 of Deeds at page 876); thence running northeasterly and along the premises so appropriated by the State of New York in accordance with the above referred to deeds to the southerly line of Taber Street; thence running easterly and along the southerly line of Taber Street approximately 50 feet to the pipe marking the point or place of beginning. (2) District Regulations (a) Permitted Primary Uses (b) Theater or similar place of public assembly. (c) Cultural facility, such as an art gallery or museum. (d) Business or professional office. (e) Retail store or service commercial facility. (f) Restaurant or tavern. (g) Medical or dental office. (h) Light industrial or manufacturing. (3) Permitted Accessory Uses-None (a) Off Street Parking Requirement-a) Off Street Parking Requirement-Parking spaces required for specific uses shall be provided and maintained for each use or building which is newly established, as specified in the §325- 20D(3)(b) of the City Code. (b) Off Street Loading Requirement –None (c) Minimum Lot Size (d) Area in Square Feet-3000 17 Common Council Meeting Minutes May 4, 2016 (e) Width in Feet at Street Line-30 (f) Maximum Building Height (g) Number of Stories-3 (h) Height in Feet-36 (4) Maximum Percent Lot Coverage by Buildings- 70% (a) Yard Dimensions (b) Front Yard Required Minimum-None (c) Side Yard Required Minimum-9’ (d) Other Side Yard Required Minimum-5’ (e) Rear Yard Minimum-25% of depth or 25’ from permanent easement, whichever is less (f) Minimum Building Height-12’ Section 3: Chapter 325, Section 325-5 of the Municipal Code of the City of Ithaca is hereby amended to establish the boundaries of the Cherry Artspace Planned Unit Development Zoning District as seen on the map dated March 30, 2016 entitled Cherry Artspace Planned Unit Development Zoning District. Section 4. The City Planning and Development Board, the City Clerk, and the Planning and Economic Development Division shall amend the District Regulations Chart to add the Cherry Artspace Planned Unit Development Zoning District, in accordance with the amendments made by this ordinance. Section 5. Severability. Severability is intended throughout and within the provisions of this local law. If any section, subsection, sentence, clause, phrase or portion of this local law is held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall not affect the validity of the remaining portion. Section 6. Effective date. This ordinance shall take effect immediately and in accordance with law upon publication of notices as provided in the Ithaca City Charter. Alderperson McGonigal noted that the maps on the site plan indicate that one corner of the building sneaks over onto to the flood control easement. He suggested that the developers be advised to make the building a little smaller. Senior Planner Nicholas affirmed that the zoning laws allow them to go up to their property line. Alderperson Brock commented that the drawing implies that they want to build a patio on the flood control property. Planning and Development Director Cornish noted that the developer would need permission from the Department of Environmental Conservation to do that. The Planned Unit Development only pertains to the property boundary lines. Alderperson Brock responded that the developers would need to be sensitive to the acoustics in the area as outdoor entertainment has a direct and significant impact on the adjacent residential areas. Senior Planner Nicholas reviewed Tompkins County’s comment regarding impermeable surfaces. City Attorney Lavine stated that this action requires a super-majority vote of 7 affirmative votes due to County’s GML letter. Discussion followed on the floor regarding the potential noise issue and the new provisions of the Noise Ordinance that prevents blanket noise permits to be issued. General support was expressed for the idea of having a theater in that space but concerns were expressed about how the outdoor patio might be used. Alderperson Brock explained challenges that were experienced by the West Hill residents last summer when noise permits were approved for the Boatyard Grill and stated that decibel readings taken at the source of the noise may not be as effective as ambient noise readings that would gauge the impact on surrounding properties. 18 Common Council Meeting Minutes May 4, 2016 Alderperson Gearhart noted that the dimensions would require no yard space between the building and property line and he questioned how the possible realignment of the Brindley Street Bridge might impact this property. Senior Planner Nicholas noted that this is a small property and she was not sure if the turning radius was studied as part of the bridge realignment project. Planning and Development Director Cornish noted that if this project is approved, there will be an increase in traffic, so the proposed traffic pattern should be studied a little closer. A roll call vote resulted as follows: Alderperson Brock – Nay Alderperson McGonigal – Aye Alderperson Nguyen – Aye Alderperson Murthagh – Aye Alderperson Gearhart – Aye Alderperson Fleming – Aye Alderperson Kerslick – Nay Alderperson Martell – Aye Motion Failed as it did not meet Super Majority Requirements Discussion followed on the floor regarding the vote that required seven affirmative votes to pass as a super majority. City Attorney Lavine explained that either of the members that were not present tonight could bring this forward for a re-vote next month. Alderperson Kerslick noted that he would be happy to reconsider the issue once the concerns about traffic and turning radiuses, and the needed DEC permissions are addressed. City Attorney Lavine explained that Alderperson Kerslick could move an amended version of the ordinance with the condition that the turning radius be studied by Director of Engineering. Alderperson Brock stated that Council should be mindful that time is of the essence for the developer. She noted that she would also be willing to re-open the discussion once the patio concerns were addressed. The property developers joined the discussion and explained that the patio would not be used as a performance space; however, there may be an occasional party and they would apply for a noise permit for that type of an event. They noted that it is a very small space and it would require DEC permission for it even to be built, so it may not even happen. Planning and Development Director Cornish reminded Council that what they are voting on is inside of the property boundary. Motion to Reconsider By Alderperson Kerslick: Seconded by Alderperson Murtagh RESOLVED, That the above motion be reconsidered subject to the approval of the Director of Engineering as to the safety of the turning radius. A roll call vote resulted as follows: Alderperson Brock – Nay Alderperson McGonigal – Aye Alderperson Nguyen – Aye Alderperson Murthagh – Aye Alderperson Gearhart – Aye Alderperson Fleming – Aye Alderperson Kerslick – Aye Alderperson Martell – Aye Carried (7-1) 19 Common Council Meeting Minutes May 4, 2016 10.4 An Ordinance to Amend the City of Ithaca Municipal Code Chapter 325 entitled “Zoning”, Article VA entitled “Telecommunications Facilities and Services”, §325-29.9 related to the “Fall Zone and Setback Requirements for Tier Three Personal Wireless Service Facility's (PWSF), to Lower the Required Fall Zone to 120% of the Height of the Tower” A. Declaration of Lead Agency – Resolution By Alderperson Murtagh: Seconded by Alderperson Nguyen WHEREAS, State Law and Section 176-6 of the City Code require that a lead agency be established for conducting environmental review of projects in accordance with local and state environmental law; and WHEREAS, State Law specifies that for actions governed by local environmental review, the lead agency shall be that local agency which has primary responsibility for approving and funding or carrying out the action; and WHEREAS, the proposed zoning amendment is an "Unlisted" Action pursuant to the City of Ithaca Environmental Quality Review Ordinance, (CEQR), §176-4 which requires review under CEQR; now, therefore, be it RESOLVED, That Common Council of the City of Ithaca does hereby declare itself lead agency for the environmental review for the adoption of revisions to City Zoning Ordinance, Chapter 325, Article VA, “Telecommunications Facilities and Services”, § 325-29.9, Fall Zone and Setback Requirements for Tier Three PWSF's, to Lower the Required Fall Zone to 120% of the height of the tower. Carried Unanimously B. Determination of Environmental Significance – Resolution By Alderperson Murtagh: Seconded by Alderperson Kerslick WHEREAS, the City of Ithaca is considering a proposal to revise the City Zoning Ordinance, Chapter 325, Article VA, “Telecommunications Facilities and Services”, §325-29.9, Fall Zone and Setback Requirements for Tier Three PWSF's, to lower the required fall zone to 120% of the height of the tower; and WHEREAS, the proposed action is an “Unlisted" Action pursuant to the City of Ithaca Environmental Quality Review Ordinance, (CEQR), §176-4 which requires review under CEQR; and WHEREAS, the Common Council for the City of Ithaca did, on April 13, 2016, declare itself lead agency for this action; and WHEREAS, upon direction from the Planning and Economic Development Committee of Common Council, the proposed revision was circulated to various boards and committees in a memo dated January 21, 2016; and WHEREAS, the proposed revision has been reviewed by the Tompkins County Planning Department pursuant to §239-l–m of the New York State General Municipal Law, which requires that all actions within 500 feet of a county or state facility, including county and state highways, be reviewed by the County Planning Department; and WHEREAS, the proposed revision has also been reviewed by the City of Ithaca Conservation Advisory Council, and the City of Ithaca Planning and Development Board; and WHEREAS, a public hearing for the proposed revision was held on February 10, 2016, at the meeting of the Planning and Economic Development Committee; and 20 Common Council Meeting Minutes May 4, 2016 WHEREAS, the Common Council of the City of Ithaca, acting as Lead Agency, has reviewed the Full Environmental Assessment Form Parts 1, 2, and 3, prepared by Planning Staff and has determined that the adoption of the proposed zoning revision will not have a significant effect on the environment; now, therefore, be it RESOLVED, That this Common Council, as lead agency in this matter, hereby adopts as its own, the finding and conclusions more fully set forth on the Full 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; Adoption of Revisions to the City Zoning Ordinance, Chapter 325, Article VA, “Telecommunications Facilities and Services”, §325-29.9, Fall Zone and Setback Requirements for Tier Three PWSF's, to Lower the Required Fall Zone to 120% of the height of the tower, will not have a significant effect on the environment, and that further environmental review is unnecessary; and, be it further RESOLVED, That this resolution constitutes notice of this negative declaration and that the City Clerk is hereby directed to file a copy of the same, together with any attachments, in the City Clerk’s Office, and forward the same to any other parties as required by law. Alderperson Brock requested an edit to page 3 of the FEAF under the aesthetic clause: the last sentence should be modified to read Addition of “landscaping” will lessen the visual impact instead of “Addition of buildings will lessen the visual impact”. A vote on the Resolution resulted as follows: Carried Unanimously C. Adoption of Ordinance By Alderperson Murtagh: Seconded by Alderperson Kerslick ORDINANCE NO. 2016-____ BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca that Chapter 325, Article VA, Section 325-29.9, be amended as follows: Section 1. Chapter 325 (“Zoning”), Article VA, Section 325-29.9 is hereby amended to lower the required fall zone to 120% of the height of a tower and shall read as follows: § 325-29.9 Fall zone and setback requirements for Tier Three PWSF’s Tier Three applications shall meet the following standards: A. Fall zone. (1) No habitable structure or outdoor area where people congregate shall be within a fall zone of 120% of the height of the PWSF or its mount. Section 2. Severability. If any section, subsection, sentence, clause, phrase or portion of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall not affect the validity of the remaining portions of this ordinance. Section 3. Effective date. This ordinance shall take effect immediately and in accordance with law upon publication of notices as provided in the Ithaca City Charter. Discussion followed regarding the creation of greenspace and landscaping in the fall zone. 21 Common Council Meeting Minutes May 4, 2016 A vote on the Resolution resulted as follows: Carried Unanimously 10.5 An Ordinance to Amend the City Of Ithaca Municipal Code, Chapter 164, Entitled “Dogs and Other Animals” To Prohibit the Feeding of Waterfowl on City Property By Alderperson Murtagh: Seconded by Alderperson Martell WHEREAS, the City has been struggling with considerable human-wildlife conflict resulting from a burgeoning geese population on habitable lands, and WHEREAS, the conflict between people and waterfowl is particularly pronounced on the City’s playing fields and parklands where people like to recreate, and WHEREAS, feeding of waterfowl contributes to the concentration of such birds in areas frequented by the public by encouraging birds to congregate for food, and WHEREAS, feeding of waterfowl can be detrimental to their health as waterfowl can suffer from nutritional disorders, such as calcium deficiencies and bone disease, as a result of the poor quality of food like bread and corn that is typically fed to geese in public settings, and WHEREAS, feeding of waterfowl causes behavioral changes in the geese by decreasing their fear of humans and encouraging to remain in locations where public feeding is taking place, and WHEREAS, the concentration of waterfowl can be destructive to lawns and can interfere with the planned use of parklands, and the resultant quantities of feces can create public health concerns and reduce the aesthetic and recreational value of parks and other public property; now, therefore, ORDINANCE NO. 2016-____ BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca that Chapter 164 of the Municipal Code of the City of Ithaca be amended as follows: Section 1. Chapter 164 of the Municipal Code is hereby amended to add a new Article to be inserted as Article III, Waterfowl. Section 2. Chapter 164, Article III is hereby created to read as follows: Article III: Waterfowl §164-21 Applicability. This article shall apply to all areas of the City of Ithaca. §164-22 Definitions. As used in this article, the following words shall have the meanings indicated: WATERFOWL Members of any and all species of wild and domestic aquatic birds, including but not limited to ducks, geese, and swan. §164-23 Feeding prohibited. It shall be unlawful to provide feed, including, but not limited to, bread, corn, and other grains, to any waterfowl on public property. It shall be unlawful to provide feed, including, but not limited to, bread, corn, and other grains, to any waterfowl on private property without the prior approval of the owner of such property. 22 Common Council Meeting Minutes May 4, 2016 §164-24 Enforcement; appearance ticket. All police officers in the City shall administer and enforce the provisions of this article and for such purpose shall have the authority to issue appearance tickets. §164-25 Penalties for offenses. Except as provided in the Agriculture and Markets Law, a violation of this article constitutes a civil offense punishable in accordance with §1-1 of the City of Ithaca Municipal Code. These penalties shall be in addition to any other penalties provided by law. Section 2. Severability. If any section, subsection, sentence, clause, phrase or portion of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall not affect the validity of the remaining portions of this ordinance. Section 3. Effective date. This ordinance shall take effect immediately and in accordance with law upon publication of notices as provided in the Ithaca City Charter. Alderperson Kerslick noted that he supports this legislation but believes a strong education program needs to go along with this action so that the public understands the issues. Alderperson Fleming stated that she hopes the other efforts that were described earlier could also be made such as planting wildflowers along the shoreline, etc. Alderperson Martell explained that she is working on messaging right now including developing key points for websites, and handouts/educational material. The Cayuga Bird Club is assisting with the review of outreach materials. She further noted that habitat modification is part of the plan moving forward. A vote on the Ordinance resulted as follows: Carried Unanimously Alderperson Murtagh noted that the vote on the 401 Lake Street issue was postponed due to the absence of two Common Council members but it will be added to the June Common Council agenda. MAYOR’S APPOINTMENTS: 14.1 Appointment to Public Art Commission - Resolution By Alderperson McGonigal: Seconded by Alderperson Kerslick RESOLVED, That Carol Mallison be appointed to the Public Art Commission to fill a vacancy with a term to expire June 30, 2019, and, be it further Appointment to Examining Board of Electricians – Resolution RESOLVED, That Thomas Blecher be appointed to the Examining Board of Electricians to replace Joseph Kohm with a term to expire June 30, 2017, and, be it further Appointment to the Disability Advisory Council – Resolution RESOLVED, That Lisa Monroe be appointed to the Disability Advisory Council to fill a vacancy with a term to expire June 30, 2018. Carried Unanimously Alderperson McGonigal paid tribute to the contributions that Joseph Kohm has made to the community and thanked him for his many years of service to the City. 23 Common Council Meeting Minutes May 4, 2016 REPORTS OF COMMON COUNCIL LIAISONS: Board of Public Works Alderperson Fleming reported on the following: Tioga Street Bicycle Boulevard: the proposal was to remove parking on west side but there would be parking on east side with 2 bike lanes; however, it appears as if the BPW will consider sharrows, speed bumps, slower speed limit with no impact on on-street parking instead. Scratch off parking tickets are still in the design and feedback process. The Cass Park roof project has started. Dryden Road project – DPW staff is working with contractors, NYSEG, and the other utilities to coordinate multiple projects. The intersection of College Avenue/Dryden Road will be closed in June for several weeks as underground infrastructure is upgraded. The boat rental vendors will be operating out of Stewart Park later this month and the new boat racks will be ready for reservations. There is currently a vacancy on the BPW Tompkins County Council of Government Alderperson Fleming reported on the following items: There was a discussion about adding electric cars to the County’s fleet and encouraging dealers to offer electric cars. The County Planning Department is trying to develop zoning standards for solar and wind energy initiatives. There was a presentation from a consultant that writes grants for municipalities. A Sub-group has been formed: Community Choice Aggregation – Nick Goldsmith will be working on this effort. Natural Areas Commission Alderperson Martell reported that the NAC has formed a working group to identify properties that should be a priority for watershed protection. Workforce Diversity Advisory Council Alderperson Brock reported that the WDAC is interested in having a representative on the Committee Restructuring Working Group as they would like to discuss issues such as recruitment, orientation, and creating an on-boarding program for new committee members. Friends of Ithaca Youth Bureau Alderperson McGonigal reported that the Friends of Ithaca Youth Bureau is beginning a major fundraising effort to pay for phase 3 improvements at the Cass Park Ice Rink (enclosure of the rink). Public Art Commission Alderperson Gearhart reported that the PAC is working on the most recent iteration of the “Boxes” program. They are reviewing submissions of murals for the three electrical boxes on the Commons. Tompkins County Legislature Alderperson McGonigal reported that the Tompkins County Legislature approved $7,500 in funding for a one-year pilot of an expanded Gorge Ranger program. REPORT OF CITY CLERK: 16.1 Announcement of the City of Ithaca Urban Renewal Agency Continuation Of the Selection Process for Projects that will be Funded by the 2012 Entitlement Grant Round City Clerk Holcomb read the following announcement for the record from the Ithaca Urban Renewal Agency: 24 Common Council Meeting Minutes May 4, 2016 Public Hearing Announcement 2016 Community Development Block Grant and Home Investment Partnership Program On behalf of the City of Ithaca, the Ithaca Urban Renewal Agency announces the continuation of the selection process for projects that will be funded by the 2016 Entitlement Grant round. All funded projects must meet HUD National Objectives and primarily benefit the City’s low-income residents. Copies of all submitted applications for funding are available for review on the Ithaca Urban Renewal Agency web page at www.ithacaura.org, The second of two public hearings for the grant is scheduled for May 11, 2016 at 6:00 p.m. in Common Council Chambers. For more information, please contact: Ithaca Urban Renewal Agency 108 East Green Street, 3rd floor Ithaca, NY 14850-5690 Phone (607) 274-6553 E-mail: ltruame@cityofithaca.org REPORT OF CITY ATTORNEY: Motion to enter into Executive Session to Discuss Collective Bargaining Negotiations - Resolution By Alderperson Kerslick: Seconded by Alderperson Fleming RESOLVED, That Common Council enter into Executive Session to discuss collective bargaining negotiations. Carried Unanimously (8-0) Reconvene: Common Council reconvened into Regular Session with no formal action taken. MINUTES FROM PREVIOUS MEETINGS: 18.1 Approval of the minutes of the April 6, 2016 Common Council meeting, April 27, 2016 Special Common Council meeting and the April 27, 2016 Committee of the Whole meeting - Resolution By Alderperson McGonigal: Seconded by Alderperson Kerslick RESOLVED, That the minutes of the April 6, 2016 Common Council meeting, April 27, 2016 Special Common Council meeting, and the April 27, 2016 Committee of the Whole meeting be approved as published. Carried Unanimously ADJOURNMENT: On a motion the meeting adjourned at 9:15 p.m. ______________________________ _______________________________ Julie Conley Holcomb, CMC Svante L. Myrick City Clerk Mayor