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MN-CC-2018-10-03COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 6:00 p.m. October 3, 2018 PRESENT: Mayor Myrick Alderpersons (10) Brock, McGonigal, Murtagh, Nguyen, Gearhart, Fleming, Smith, Kerslick, Lewis, Mohlenhoff OTHERS PRESENT: City Clerk – Conley Holcomb City Attorney – Lavine City Controller – Thayer Building - Planning & Development Director – Cornish Community Development Director – Bohn Human Resources Director – Michell-Nunn Chief of Staff – Cogan Youth Bureau Director - Vance PLEDGE OF ALLEGIANCE: Mayor Myrick led all present in the Pledge of Allegiance to the American Flag. ADDITIONS TO OR DELETIONS FROM THE AGENDA: City Administration Committee: Alderperson Mohlenhoff requested that Item 10.1- A Resolution Calling for the United States to “Pull Back from the Brink” and Prevent Nuclear War be moved to the top of the agenda and that Item 10.3 - A Local Law Entitled “Confirmation of the Sidewalk Improvement District Assessments, Budget, and Schedule of Work for Fiscal Year 2019” be withdrawn from the agenda. No Council Member objected. PROCLAMATIONS/AWARDS: Mayor Myrick proclaimed October 27, 2018 as Into the Streets Day in the City of Ithaca. Presentation of Quarterly Employee Recognition Award Mayor Myrick presented the Quarterly Employee Recognition Award to the following employees from the Water & Sewer Division: Nick Thomas, Brad Norton, Eric Kelsey, Ryan Ward, Jerome Norman, Letty McFall, and James (Red) Casselberry. These employees were nominated for the dedication, responsiveness, and professionalism they displayed during a water main break over a weekend in February when the temperatures were frigid. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: The following people addressed Common Council: Fay Gougakis, City of Ithaca – addressed the following topics: her request to have a city employee call the police department on her behalf that was declined; the late night mobile vending operation that was reinstated on the Commons; Lime bikes; and asbestos concerns regarding the History Center renovation project. Dennis B. Osika, Town of Lansing – discussed the need for nuclear disarmament, and noted that there are 15,000 nuclear weapons in the world. Wayles Browne, City of Ithaca – urged support for the Resolution regarding nuclear disarmament. Nancy Cusumano, Town of Ulysses – discussed traffic issues on the West End and the quality of life in Ithaca. October 3, 2018 2 D J Erb, Town of Groton – discussed the impact that the West End traffic has had on local businesses. Frank Baldwin, Town of Ithaca – thanked the Mayor for being a “Mayor for Peace” and urged Common Council’s support for the nuclear ban treaty. PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR: Mayor Myrick responded to comments made regarding traffic in the West End. He explained that traffic is complicated, and enforcement works for a while but needs to remain a constant element. The work being done is to improve the quality of life for the people that live in the West Hill neighborhoods with a focus on pedestrian and bicycle safety. He noted that he liked some of the suggestions made and will forward them to the Board of Public Works for consideration. Alderperson McGonigal apologized to Ms. Gougakis for not following up on a matter of concern. He further stated that he agrees with much of what Ms. Cusumano and the Mayor said regarding the West Hill traffic issues, noting that he and Alderperson Brock spend a lot of time working on them. The intersection of Buffalo Street and Taughannock Blvd is very challenging and requires balance, which includes respecting the business needs on the West End. He voiced his belief that the impact this project would have on those businesses was miscalculated. In response to comments made by Ms. Gougakis, Mayor Myrick explained that the Board of Public Works inquired about the late night mobile vending pilot program. The Superintendent of Public Works reported that it was doing fine and that there had only been one complaint made. The mobile vendor is no longer using he generator that was identified as an issue. Mayor Myrick further noted that he would speak with the City Attorney regarding the phone call to IPD and would contact Ms. Gougakis. CONSENT AGENDA ITEMS: City Administration Committee: 8.1 Department of Public Works - Amendment to Personnel Roster - Resolution By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick WHEREAS, a Parking Lot Attendant in the Parking Division of the Depa rtment of Public Works has requested a temporary reduction in their workweek from forty (40) hours/week to thirty (30) hours/week; and WHEREAS, the Parking Division is willing and able to accommodate this request by increasing the hours of a seasonal employee; now, therefore be it RESOLVED, That the workweek of one Parking Lot Attendant position in the Parking Division of the Department of Public Works be and hereby is reduced from forty (40) hours/week to thirty (30) hours/week from Monday October 8, 2018 through Friday March 8, 2019 pursuant to the employee’s request; and, be it further RESOLVED, That $3,659 be transferred from account A5651 -5115 to account A5651- 120; and, be it further RESOLVED, That for the sole purpose of determining days worked reportable to the New York State and Local Employees’ Retirement System, the standard workday for this position shall be established at six (6) hours per day (thirty (30) hours per week), in accordance with the following period and shift schedule: Period Daily Shift October 8, 2018 – December 28, 2018 8:00 AM – 2:30 PM December 31, 2018 – March 8, 2019 2:00 PM – 8:30 PM Carried Unanimously October 3, 2018 3 8.2 Approval of the 2018-2019 Civil Service Agreement with the Ithaca City School District - Resolution By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick RESOLVED, That the Mayor and City Controller be authorized and directed to execute an agreement between the City of lthaca and the Ithaca City School District for performance by the City for services in connection with Civil Service matters for the period July 1, 2018 to June 30, 2019, in an amount payable of $60,112 payable to the City of Ithaca on or before December 1, 2018. Carried Unanimously 8.3 Youth Bureau – Amendment to Personnel Roster - Resolution By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick WHEREAS, the Youth Bureau is requesting permission to amend the 2018 roster by funding the Youth Program Coordinator position (35 hours), and defunding the Youth Program Leader position (35 hours); and WHEREAS, the program merger approved by Common Council in May 2018 to combine the Paul Schreurs Memorial Program (PSMP) and the College Discovery Program (CDP) before the end of the year has been slowed down to allow a smooth transition; and WHEREAS, the current plan is to fund and fill the Program Coordinator position and to have both program coordinators (PSMP and CDP) work together to merge the programs over a period of time; and WHEREAS, these changes are made within the Youth Bureau’s approved 2018 budget and will not require additional funds from the City; now, therefore be it RESOLVED, That the Personnel Roster of the Youth Bureau be amended as follows: Fund: One (1) Youth Program Coordinator (35 hours) Defund: One (1) Youth Program Leader (35 hours) Carried Unanimously CITY ADMINISTRATION COMMITTEE: 10.1 A Resolution Calling for the United States to “Pull Back from the Brink” and Prevent Nuclear War By Alderperson Nguyen: Seconded by Alderperson Smith WHEREAS, since the height of the Cold War, the United States and Russia have dismantled more than 50,000 nuclear warheads, but 15,000 of these weapons still exist and pose an intolerable risk to human survival; and WHEREAS, 95 percent of these weapons are in the hands of the United States and Russia and the rest are held by seven other countries: China, France, Israel, India, North Korea, Pakistan, and the United Kingdom1; and WHEREAS, the use of even a tiny fraction of these weapons would cause worldwide climate disruption and global famine; to wit, as few as 100 Hiroshima sized bombs, small by modern standards, would put at least five million tons of soot into the upper atmosphere and cause climate disruption across the planet, cutting food production and putting two billion people at risk of starvation2; and WHEREAS, a large-scale nuclear war would kill hundreds of millions of people directly and cause unimaginable environmental damage3 and catastrophic climate disruption, dropping temperatures across the planet to levels not seen since the last ice age; and 1 https://fas.org/issues/nuclear-weapons/status-world-nuclear-forces/ 2 http://www.psr.org/assets/pdfs/two-billion-at-risk.pdf 3 http://www.psr.org/assets/pdfs/projected-us-casualties-and-destruction.pdf October 3, 2018 4 WHEREAS, despite assurances that these arsenals exist solely to guarantee that they are never used, there have been many occasions when nuclear armed states have prepared to use these weapons, and war has been averted only at the last minute4; and WHEREAS, former Defense Secretary Robert McNamara said, speaking about the Cuban Missile Crisis, “It was luck that prevented nuclear war,” yet our nuclear policy cannot be the hope that luck will continue; and WHEREAS, as the effects of climate change place increased stress on communities around the world and intensify the likelihood of conflict, the danger of nuclear war will grow5; and WHEREAS, the planned expenditure of more than $1 trillion to enhance our nuclear arsenal will not only increase the risk of nuclear disaster but will fuel a global arms race and divert crucial resources needed to assure the well-being of the American people and people all over the world6; and WHEREAS, there is an alternative to this march to nuclear war: in July 2017, 122 nations called for the elimination of all nuclear weapons by adopting the Treaty on the Prohibition of Nuclear Weapons7; now, therefore be it RESOLVED, That the Common Council of Ithaca, New York calls upon our federal leaders and our nation to embrace the Treaty on the Prohibition of Nuclear Weapons and make nuclear disarmament the centerpiece of our national security policy; and, be it further RESOLVED, That the Common Council of Ithaca, New York calls upon our federal leaders and our nation to spearhead a global effort to prevent nuclear war by:  renouncing the option of using nuclear weapons first (first-strike capacity);  ending the president’s sole, unchecked authority to launch a nuclear attack without approval by congress;  taking US nuclear weapons off hair-trigger alert;  cancelling the 1.7 trillion dollar plan to replace its entire arsenal with enhanced weapons; and  actively pursuing a verifiable agreement among nuclear armed states to eliminate their nuclear arsenals, as established in the Treaty on the Non-Proliferation of Nuclear Weapons (NPT); ; and, be it further RESOLVED, That the City Clerk shall cause a copy of this resolution to be sent to U.S. Congressman Tom Reed, U.S. Senator Kirsten Gillibrand, U.S. Senator Charles Schumer, and President Donald J. Trump. Alderpersons Nguyen and Mohlenhoff thanked the people who came out to speak on the issue and for pursuing this initiative. A vote on the Resolution resulted as follows: Carried Unanimously 4 http://www.ucsusa.org/sites/default/files/attach/2015/04/Close%20Calls%20with%20Nuclear%20Weapons.pdf 5 https://www.scientificamerican.com/article/once-again-climate-change-cited-as-trigger-for-war/ 6 https://www.armscontrol.org/factsheets/USNuclearModernization 7 http://www.icanw.org/the-treaty/ October 3, 2018 5 PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE: 9.1 An Ordinance to Amend the City of Ithaca Municipal Code, Chapter 325, Entitled “Zoning” To Make Minor Corrections to the Waterfront Zoning Districts 9.1 A Declaration of Lead Agency – Resolution By Alderperson Murtagh: Seconded by Alderperson Brock 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 a “TYPE I” Action pursuant to the City Environmental Quality Review (CEQR) Ordinance, which requires environmental review; now, therefore be it RESOLVED, That the Common Council of the City of Ithaca does hereby declare itself lead agency for the environmental review of the proposed minor corrections to the Waterfront Zoning Districts. Carried Unanimously 9.1 B Determination of Environmental Significance – Resolution By Alderperson Murtagh: Seconded by Alderperson Brock WHEREAS, on August 2, 2017, the Common Council established four new zoning districts for the Waterfront Study Area, the Newman, the Market, The West End/Waterfront, and the Cherry Street Districts; and WHEREAS, the Common Council is now considering adopting some minor changes and corrections to the waterfront districts that could improve the implementation of the zoning and allow for the type of development that was anticipated when the zoning was adopted; and WHEREAS, the appropriate environmental review has been conducted, including the preparation of a Short Environmental Assessment Form (SEAF), dated May 21, 2018; and WHEREAS, the proposed action is a “unlisted” Action under the City Environmental Quality Review Ordinance; and WHEREAS, the Common Council of the City of Ithaca, acting as lead agency, has reviewed the SEAF prepared by planning staff; now, therefore be it RESOLVED, That this Common Council, as lead agency in this matter, hereby adopts as its own the findings and conclusions more fully set forth on the Short Environmental Assessment Form, dated May 21, 2018; and, be it further RESOLVED, That this Common Council, as lead agency in this matter, hereby determines that the proposed action at issue will not have a significant effect on the environment, and that further environmental review is unnecessary; and, be it further RESOLVED, That this resolution constitutes notice of this negative declaration and that the City Clerk is hereby directed to file a copy of the same, together with any attachments, in the City Clerk’s Office, and forward the same to any other parties as required by law. Carried Unanimously 9.1 C Adoption of Ordinance By Alderperson Murtagh: Seconded by Alderperson Brock WHEREAS, on August 2, 2017, the Common Council established four new zoning districts for the Waterfront Study Area, the Newman, the Market, The West End/Waterfront, and the Cherry Street Districts; and October 3, 2018 6 WHEREAS, several items have been identified as minor changes to the waterfront districts that could improve the implementation of the zoning and allow for the type of development that was anticipated when the zoning was adopted, and several minor corrections to the existing code that reference zones that no longer exist have also been identified; now, therefore be it ORDINANCE 2018-____ BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca that Chapter 325 of the City Code be amended as follows: Section 1. Chapter 325-3B entitled “Definitions and Word Usage”, is hereby amended to add the following new definitions, BUSINESS OR PROFESSIONAL OFFICE - Offices where services are provided that require specialized training or professional certification including but not limited to accountant, appraiser, attorney, architect, engineer, surveyor, stockbroker, physician, dentist, chiropractor, massage therapist, psychologist, and optometrist. Section 2. The following sections of the City Code are no longer relevant and hereby deleted in entirety,  Section 325-16E – entitled “Height Regulations”  Section 325-28 – entitled “Marine Commercial District”  Section 325-20D(3)(a) – entitled “Off-Street Parking” Section 3. Section 325-26 entitled “New structures along streams or inlets”, is hereby amended to read as follows: No new structure shall be located nearer than 20 feet to an inlet wall or to the bank of an inlet channel or stream, measured at an average water level, except for those structures directly connected with marine or public or commercial recreation activities. (See illustration below.) Properties located within the [waterfront zoning district] Cherry Street District, the Market District, the Newman District, and the West End/Waterfront District are exempt from this requirement. Section 4. Section 325-29.1D entitled “Adult uses” should be deleted in its entirety and replaced with the following language, 325-29.1 D. Location. (1) Adult uses may only be located within the Adult Use Overlay Zone, as shown on the Official City Zoning Map. Section 5. Section 325-8 entitled “District Regulations”, is hereby amended in order to change the minimum building height in the Newman, Market, Cherry Street, and West End/Waterfront Districts to read as follows: Minimum Building Height For Water Dependent Uses there is no minimum building height. For any non -water dependent uses, buildings must be a minimum of 2 stories in height. The first story of October 3, 2018 7 any new structure must be 12-15 feet in height, measured floor to floor. Each additional story must be 10-12 feet in height, measured from floor to floor. In buildings with a pitched roof, a top story contained within the pitched roof shall be exempt from this requirement. Accessory structures of less than 250 SF may be 1 story. As an exception, any increase in first floor elevation, as required to comply with flood plain regulations, can be included in the first story minimum height requirement, however the first floor should not be less than 10 feet in height measured floor to floor. Section 7. Section 325-8 entitled “District Regulations”, is hereby amended in order to add “Garage, Public Repair” as an allowable primary use in the Cherry Street Zoning District. Section 8. The City Planning and Development Board, the City Clerk and the Planning Department shall amend the district regulations chart in accordance with the amendments made herewith. Section 9. 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 10. 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 expressed concern with Section 3 of the Ordinance, noting that new setbacks have been created in each of the four new zoning districts; however, the old language is being used in this legislation and it is confusing. He requested that the section be reworked and clarified. City Planner Kusznir explained that this language is used for every district except for the Waterfront District. Discussion followed regarding how water levels are determined and why the top of the bank is not used as a measurement point. Alderperson Brock stated that there are quite a few properties along the streams in this area and voiced her appreciation for this work even though the definition is challenging. Planning and Development Director Cornish stated that she would look into this issue further for possible future change and agreed that the top of the bank measurement may be a better solution. A vote on the Ordinance resulted as follows: Carried Unanimously 9.2 A Resolution to Modify the City’s Model Full and Short Environmental Assessment Forms (FEAF and SEAF) to be the Model New York State Department of Environmental Conservation’s FEAF & SEAF By Alderperson Murtagh: Seconded by Alderperson Lewis WHEREAS, §617.3 General Rules of the NYS Environmental Quality Review Act (SEQR) states that “No agency involved in an action may undertake, fund or approve the action until it has complied with the provisions of SEQR”; and WHEREAS, the City of Ithaca has a local Environmental Quality Review Ordinance (CEQR) §176 of the City Code; and WHEREAS, both SEQR and CEQR define Environmental Assessment Forms (EAFs) as “A form used by an agency to assist it in determining the environmental significance or non-significance of an action. A properly completed EAF shall contain enough information to describe the proposed action, its location, its purpose and its potential impacts on the environment”; and WHEREAS, although the State has model EAF forms, the City of Ithaca has long used local EAF forms to conduct environmental review; and October 3, 2018 8 WHEREAS, CEQR also states that the model forms “may be modified by the Common Council to better serve it in implementing CEQR, provided that the scope of the modified form is as comprehensive as the model”; and WHEREAS, it has been determined that the State model EAF forms would better serve the City in implementing CEQR; now, therefore be it RESOLVED, That the Common Council does herby modify the City’s model EAF forms to be one and the same as the New York State model forms; and, be it further RESOLVED, That the CEQR thresholds for Unlisted and Type 1 Actions remain the same; and, be it further RESOLVED, That the current model forms contained in Appendices A and C as referenced in §176.2 of the City Environmental Quality Review Ordinance be replaced with the State forms. Alderperson Murtagh explained why the Planning Department is recommending the use of the New York State model forms. A vote on the Resolution resulted as follows: Carried Unanimously 9.3 Approval of IURA-Proposed Property Sale to Emmy’s Organics, Inc. - Resolution By Alderperson Murtagh: Seconded by Alderperson Brock WHEREAS, on June 29, 2018, the Ithaca Urban Renewal Agency designated Emmy’s Organics, Inc. as a “qualified and eligible sponsor” (Spon sor) to acquire land located at the end of Cherry Street, part of an undeveloped six-acre parcel of land owned by the IURA (tax map #100.-2-1.21); and Whereas, Emmy’s proposes a $1.4 million project to construct an approximately 10,000 square foot food manufacturing facility to produce organic/natural cookies and snacks and add an additional 5 full-time equivalent employees, of which at least 51% will be low- and moderate-income at the time of hire; and Whereas, Emmy’s started in Ithaca by selling their product at the Ithaca Farmer’s Market and have grown to employ 19 workers at their current leased operations located at 629 W. Buffalo Street, Ithaca; and Whereas, pursuant to section 507 of General Municipal Law, the IURA is authorized to dispose of property to a specific buyer at a negotiated price if such buyer is designated as an eligible and qualified sponsor (Sponsor), and the sale is approved by Common Council following a Public Hearing; and Whereas, a Public Hearing notice was published in the July 30, 2018 edition of The Ithaca Journal disclosing essential terms of the proposed sale and a Public Hearing was held on August 8, 2018; and WHEREAS, That on September 25, 2018, the City of Ithaca Planning and Development Board, as Lead Agency in this matter, determined the proposed action will result in no significant impact on the environment; now, therefore be it RESOLVED, That the City of Ithaca Common Council hereby approves a IURA- proposed Disposition and Development Agreement to sell property to Emmy’s Organics, Inc. to undertake an urban renewal project pursuant to the following terms: Seller: Ithaca Urban Renewal Agency Purchaser: Emmy’s Organics, Inc. (or a legal entity to be formed that is majority owned by the principals of the Company) October 3, 2018 9 Urban Renewal Project: Investment of approximately $1.4 million to construct and operate an approximately 10,000 square foot food manufacturing facility for producing organic/natural cookies and snacks, resulting in job creation. Project Site: 2.601 acre portion of tax parcel #100.-2-1.21 located at the end of Cherry Street, Ithaca, NY. Purchase Price: $242,000, the fair market value as determined by appraisal. Job Creation: Creation of at least five (5) full-time equivalent jobs within two years of project completion. At least 51% of five jobs must be filled by low- and moderate- income persons earning no more than 80% of the Area Median Income as determined by the U.S. Department of Housing & Urban Development. Living Wages: At least three (3) of the new job positions created shall be paid a 2018 living wage of $15.11/hour (or $13.90/hour with $2,500/year employer health care contribution) within 12 months of their hire date. Employment & Wage Reporting:  Quarterly employment and wage reporting shall be submitted to Seller until job creation goal is satisfied for two consecutive quarters. Conditions for Sale: A. Approval of a Cherry Street Expansion subdivision of tax parcel #100.-2-1.21. B. Site Plan approval – within 180 days of the date of the purchase agreement, purchaser submission of proof of final site plan approval. C. Project financing – within 270 days of the date of the purchase agreement, purchaser submission of proof of financing and equity sufficient to construct the project. D. Building Permit issuance – within 365 days of date of the purchase agreement, purchaser submission of proof of a building permit at least authorizing construction of the full foundation for the project. Alderperson Lewis noted that the Industrial Development Agency (IDA) is holding a public hearing tomorrow on this topic. A vote on the Resolution resulted as follows: Carried Unanimously CITY ADMINISTRATION COMMITTEE: 10.2 An Ordinance to Release and Terminate City’s Sewer Line Easement Along Taughannock Boulevard By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick WHEREAS, presently before Common Council is a proposal requesting that the City release its rights to certain sewer line easements encumbering the property located at 323 Taughannock Blvd, which are recorded by Deed dated March 12, 1896, and recorded in the Tompkins County Clerk’s Office on March 17, 1896, in Liber 145 of Deeds of Page 534 and by Right-of-Way Agreement for Sewer Purposes recorded in the Tompkins County Clerk’s Office on February 16, 1960, in Liber 425 of Deeds of Page 327 (hereinafter collectively, the “Easements”)”; and October 3, 2018 10 WHEREAS, 323T, LLC, the property owner of 323 Taughannock Blvd, tax map parcel 58-3-1, has requested that the City release and terminate rights to such Easements; and WHEREAS, the sewer lines described in the Easements are no longer necessary and have been abandoned by the City, and City staff is supportive of releasing the easement; and WHEREAS, in consideration for the City’s release of the Easements of limited value to the City, 323T, LLC has offered $2,500; and WHEREAS, on September 18, 2018, the Board of Public Works declared the Easements surplus property for municipal purposes and recommended Council’s authorization of the release; and WHEREAS, the City Charter requires approval by three -fourths of the Common Council to authorize divestment of real property; and WHEREAS, the City Charter further requires notice of a proposed sale to be published no less than once each week for three weeks, the first such notice being published no less than 30 days prior to the approval vote, and such notices have been published; now, therefore ORDINANCE __ -2018 BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows: Section 1. Legislative Intent and Purpose. The Common Council makes the following findings of fact: A. The above-described Easements are surplus for municipal purposes. B. The Easements are for sewer lines that are no longer used or needed by the City. C. The consideration offered by 323T, LLC is adequate to release the City’s interests in the Easements. Section 2. Approval and Execution of Deed. The Common Council authorizes and directs the Mayor, on the advice of the City Attorney, to execute documents as needed to effect these transactions. Section 3. Effective Date. This ordinance shall take effect immediately. Alderperson Brock asked if this is the easement that is perpendicular to Rt. 89 and extends toward W. Court Street. City Attorney Lavine explained that this is a sewer easement only for 323 Taughannock Boulevard. The property owner is planning to develop this site and the sewer easement is an obstacle to that. City staff have agreed that the City has no need to place a sewer in that location. A vote on the Ordinance resulted as follows: Carried Unanimously 10.3 A Local Law Entitled “Confirmation of the Sidewalk Improvement District Assessments, Budget, and Schedule of Work for Fiscal Year 2019” This item was withdrawn from the agenda and will be included as part of the 2019 Budget deliberations. 10.4 Finance Department – Approval of 2017 City of Ithaca Single Audit - Resolution By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick RESOLVED, That the Independent Auditor’s Report for the period of January 1, 2017 through December 31, 2017, prepared by the accounting firm of Insero & Company October 3, 2018 11 CPA’s LLP, be accepted to comply with all of the City’s applic able Government Accounting Standards Board (GSB) Statement 34 and other related audit and single - audit requirements. Alderperson Kerslick expressed his thanks to the City Controller’s Office for their hard work in getting the City caught up with these audits. City Controller Thayer noted that the Final Audit has been released and to let him know if there were any questions. A vote on the Resolution resulted as follows: Carried Unanimously 10.5 Common Council – A Local Law to Override the Tax Levy Limit Established in General Municipal Law By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick Local Law No. _____ - 2018 BE IT ENACTED by Common Council of the City of Ithaca as follows: Section 1. Legislative Intent It is the intent of this local law to allow the City of Ithaca to adopt a budget for the fiscal year commencing January 1, 2019, that requires a real property tax levy in excess of the “tax levy limit” as defined by General Municipal law §3-c. Section 2. Authority This local law is adopted pursuant to subdivision 5 of General Municipal Law §3-c, which expressly authorizes a local government’s governing body to override the property tax cap for the coming fiscal year by the adoption of a local law approved by a vote of sixty percent (60%) of said governing body. Section 3. Tax Levy Limit Override The Common Council of the City of Ithaca, County of Tompkins, New York, is hereby authorized to adopt a budget for the fiscal year commencing January 1, 2019, that requires a real property tax levy in excess of the amount otherwise prescribed in General Municipal Law §3-c. Section 4. Severability If a court of competent jurisdiction determines that any clause, sentence, paragraph, subdivision, or part of this local law or application thereof to any person, firm or corporation, or circumstance is invalid or unconstitutional, the court’s order or judgment shall not affect, impair or invalidate the remainder of this local law, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, or part of this local law or in its application to the person, individual, firm or corporation or circumstance, directly involved in the controversy in which such judgment or order shall be rendered. Section 5. Effective Date This local law shall take effect immediately upon filing with the Secretary of State. A roll call vote resulted as follows: Alderperson Brock – Aye Alderperson McGonigal – Aye Alderperson Nguyen – Aye Alderperson Murtagh – Aye Alderperson Gearhart – Aye Alderperson Fleming – Aye Alderperson Smith – Aye Alderperson Kerslick – Aye Alderperson Mohlenhoff – Aye Alderperson Lewis - Aye Carried Unanimously City Controller’s Report: City Controller Thayer reported that hard copies of the budget are available upon request. Electronic copies will be distributed after the meeting. October 3, 2018 12 REPORTS OF COMMON COUNCIL LIAISONS: Workforce Diversity Advisory Committee Alderperson Brock reported that the Committee has been discussing the CIITAP program and the diversity reporting requirements that were adopted by Common Council in 2016. She noted that this amendment has not been presented from the City to the Industrial Development Agency (IDA) for discussion and approval, and asked what staffing is in place to help steward these amendments through the process. She further recommended establishing a process for CIITAP changes moving forward. She further reported that she is part of a volunteer group that has been removing invasive water chestnut plants from the Six Mile Creek Natural Area. The group has voiced concern regarding the level of siltation in Six Mile Creek and the need for a reservoir management plan for the water and silt dam reservoirs. This work could be dovetailed into existing staff work that will need to be done for the New York State Harmful Algae Bloom (HAB) program. Tompkins County Legislature Alderperson McGonigal reported that the Tompkins County Legislature would like to know the current status of the City’s Law Enforcement Assisted Diversion (LEAD) program. Mayor Myrick responded that there are three separate committees working on this. A Request for Proposals was released; however, responses came in over budget. If the City were to approve a proposal, additional funders would be needed. He agreed to send an update to the Legislature. Ithaca Urban Renewal Agency Alderperson Lewis noted that she submitted her IURA Liaison notes to Council earlier and they primarily focused on the Green Street Garage Redevelopment project and the public hearing that was held on September 27, 2018. She further reported that she sent an e-mail as a follow up to the IDA’s September 13, 2018 meeting noting that there have been two discussions at recent IDA meetings regarding the CIITAP diversity and inclusion policy and there is full expectation that it will be approved by the IDA in the near future . Community Police Board Alderperson Kerslick reported that the Community Police Board still has vacancies, including a youth member. Another member is resigning at the end of the year and the Board will struggle to reach a quorum. He urged Council members to reach out to residents who might be interested in serving. All Commissioners need to be residents of the City. TCAT Alderperson Nguyen reported that city staff relocated the Tompkins County Library parking spaces from E. Green Street to Cayuga Street; however, people are still parking on Green Street and it is creating staging issues for the buses. He requested the City’s assistance in educating the public about this parking change. MINUTES FROM PREVIOUS MEETINGS: 17.1 Approval of the September 5, 2018 Common Council Meeting Minutes – Resolution By Alderperson Brock: Seconded by Alderperson Kerslick RESOLVED, That the minutes of the September 5, 2018 Common Council meeting be approved as published. Carried Unanimously NEW BUSINESS: 18.1 Presentation of the 2019 Mayor’s Budget Mayor Myrick presented his 2019 recommended budget as follows:  2019 Tax Levy will increase 2.91% which is below the property tax cap of 2.93%. This represents $670,000 change from 2018. October 3, 2018 13  2019 Tax Rate will decrease from $12.04 to $11.60, a 4.45% reduction. This is the lowest tax rate since 2002.  He shared the history of the City of Ithaca tax rates and compared the City’s 2018 tax rate with other municipalities within Tompkins County and the 2017 tax rate with other cities in New York State Budget Highlights:  New DPW Crew – adding a 7-person crew to Streets & Facilities to focus on road reconstruction and other infrastructure needs starting March 1st.  Bridge Engineer salary will be brought into the operating budget  Purchase of thermal striping equipment  Funding for design of ice jam effluent piping  An 8.7% ($73,000) increase to the City’s annual TCAT contribution  Funding same number of Police Officers and Fire Fighters  Continue funding for four SAFER fire fighters to the end of 2019  New aerial truck and replacement of Fire Department staff vehicle (the Town of Ithaca pays 31.2% of Fire Department investments)  New police vehicles  New Code Inspector position to start on June 1st  Continue funding for half-time Sustainability Planner (funded jointly with the Town of Ithaca)  City facility Wi-Fi upgrades funded in capital projects  Software licenses for e-mailing large documents  Goose waste removal equipment  Softball field improvements  Tennis court resurfacing  Living wage increases for Youth Bureau staff  Living wage increases for GIAC staff  Promote 2 program assistants to program leaders  Increase one program assistant from 20 hours to 35 hours  Contractual salary increases for all bargaining units with contracts  Additional step for Management compensation plan, effective April 1st  2% increase for Common Council  Mayor’s salary remains the same as 2018  Outreach worker: double contribution to $40,000  Increase to TCAD contribution to $20,000  1.5% increases for Human Services Coalition, Southside Community Center, and CSI  Gorge Safety Program funded at $15,000  Continue LEAD funding at $50,000  New funding: o Childcare for City meetings: $5,000 o REACH: $50,000 o Tompkins County Public Library: $3,000 o Wayfinding signage: $5,000 o Tompkins Center for History and Culture: $10,000 There will be $500,000 less appropriated from the Fund Balance in 2019 compared to 2018. October 3, 2018 14 Revenue increases:  Property Taxes: $670,000  Sales Tax: $768,000  Building Permits: $630,000  Transfer from Stormwater Utility: $535,000  Other Revenue changes: -$124,000 Stormwater utility: 1-,2-,3-family homes will pay $57 per year – a $9 increase Other properties will pay $87 per ERU per year – an 81% increase Trash tag increase – from $3.75 to $4.50 Tax Exempt Property – 55% = $2.6 billion Mayor Myrick further reviewed private developments currently underway and on the horizon, property assessments, financial metrics, NYS Aid to municipalities, sales tax, health insurance, pension, and salary expenses. A question and answer session with Council members followed regarding:  Property assessments, the impact on residential property owners, and the median value of a single-family home.  The request to fund a Water & Sewer crew  The two-tiered plan for stormwater utility fees  The road reconstruction crew  IPD staff shortages Requests above the Mayor’s Budget are due Friday, and the first budget meeting is Thursday, October 11, 2018. Motion to Enter into Executive Session By Alderperson Lewis: Seconded by Alderperson Kerslick RESOLVED, That Common Council enter into Executive Session to discuss collective bargaining. Carried Unanimously RECONVENE: Common Council reconvened into Regular Session with no formal action taken. ADJOURNMENT: On a motion the meeting adjourned at 9:00 p.m. ______________________________ _______________________________ Julie Conley Holcomb, CMC Svante L. Myrick City Clerk Mayor