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HomeMy WebLinkAboutMN-CC-2014-05-07COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 6:00 p.m. May 7, 2014 PRESENT: Mayor Myrick Alderpersons (10) Brock, McGonigal, Murtagh, Clairborne, McCollister, Fleming, Smith, Kerslick, Martell, Mohlenhoff OTHERS PRESENT: City Clerk – Conley Holcomb City Attorney – Lavine City Controller – Thayer Building - Planning & Development Director – Cornish Superintendent of Public Works – Thorne Sidewalk Program Manager - Hathaway PLEDGE OF ALLEGIANCE: Mayor Myrick led all present in the Pledge of Allegiance to the American Flag. ADDITIONS TO OR DELETIONS FROM THE AGENDA: There were no additions or deletions made to the agenda. PROCLAMATIONS/AWARDS: Mayor Myrick proclaimed the month of May, 2014 as Stroke Awareness Month in the City of Ithaca. SPECIAL ORDER OF BUSINESS: 4.1 A Public Hearing on a Local Law Confirming the Sidewalk Improvement District Assessments, Budget, and Schedule of Work for Fiscal Year 2014 Resolution to Open Public Hearing: By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick RESOLVED, That the Public Hearing on a Local Law Confirming the Sidewalk Improvement District Assessments, Budget, and Schedule of Work for Fiscal Year 2014 be declared open. Carried Unanimously No one appeared to address Common Council. Resolution to Close Public Hearing: By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick RESOLVED, That the Public Hearing on a Local Law Confirming the Sidewalk Improvement District Assessments, Budget, and Schedule of Work for Fiscal Year 2014 be declared closed. Carried Unanimously PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: The following people addressed Common Council: Andy Taylor, Town of Danby, spoke in support of the Burlington, VT, street outreach program. This model is currently being reviewed by City staff. He further voiced his support for additional programs such as syringe exchange programs that promote harm reduction in the community. Myfanwy Flinn, City of Ithaca, stated that she would submit her comments regarding quality of life issues in writing to Common Council. Joanne Trutko, City of Ithaca, urged the City to continue its pursuit of an increased contribution from Cornell University and described the impact that City, County and School District taxes have on her family’s budget. Harry Merker, City of Ithaca, requested that Common Council relocate the World War II memorial plaque currently located on the front of the City Hall building to DeWitt Park with the other war memorials. He stated that the relocation of the plaque would offer more exposure and respect to the brave men and women listed on it. May 7, 2014 2 Christine Lindemann, City of Ithaca, voiced her concern regarding the lack of enforcement of pedestrian crossing signals. She stated that her friend, who was a pedestrian, was hit and killed by a vehicle. Joel Harlan, Town of Newfield, addressed the issue of Cornell University’s voluntary contribution to the City of Ithaca. He further expressed his apologies to Alderperson J.R. Clairborne for comments he made about Loaves & Fishes. Barbara Coleman, City of Ithaca, voiced her concerns about the discrimination that low income residents face when seeking and utilizing affordable housing options. She detailed the differences between the affordable housing programs offered in New York City and Ithaca. PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR: Mayor Myrick thanked Ms. Trutko for her comments about Cornell University’s voluntary contributions and the amount of revenues they collect annually. He further thanked Mr. Merker for his suggestion regarding the relocation of the war memorial, and Ms. Lindemann for sharing her concerns regarding the enforcement of pedestrian crossing signals. Alderperson Murtagh thanked Mr. Taylor for his comments regarding street outreach programs, and noted Burlington’s successful implementation of a program that reduced the need for law enforcement interactions. Alderperson Kerslick thanked Ms. Lindemann for her comments about pedestrian crossing issues and suggested that crosswalk markings be improved. Alderperson Clairborne also thanked Ms. Lindemann for her comments about pedestrian crossing issues and noted the vehicle/pedestrian interactions he’s witnessed at the intersection of Cayuga & Green Streets. He further thanked Mr. Harlan for his apology and noted that he would like to learn more about Ms. Coleman’s housing concerns. Alderperson Clairborne announced that the Greek Festival would be taking place this weekend and the GIAC Annual Meeting would be held on May 22, 2014 at 5:30 pm. He further recognized the recent passing of former Tompkins County Sheriff Emery Guest and the loss of a partner of a City employee. He asked everyone to keep their families in their thoughts. Alderperson Brock stated that she spoke with Ms. Coleman regarding her housing situation and she would like to pursue the answers to some remaining questions. CONSENT AGENDA ITEMS: Public Information and Technology Department: 8.1 Mercato Bar and Kitchen Restaurant Alcohol Permit Request - Resolution By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick WHEREAS, the City Clerk’s Office has received a request to allow Mercato Bar and Kitchen Restaurant to utilize certain areas along North Aurora Street for outdoor dining, and WHEREAS, this use of public property has been deemed proper and successful, and WHEREAS, the City of Ithaca wishes to promote diverse uses of the Primary and Secondary Commons, including outdoor dining, and WHEREAS, it is Common Council's responsibility to determine whether or not to allow the serving and consumption of alcohol on the Primary and Secondary Commons, and WHEREAS, Common Council has determined that the use of this public property for outdoor dining at Mercato Bar and Kitchen Restaurant, including the responsible sale and consumption of alcohol, is desirable, and WHEREAS, Common Council has determined that any use of this or similar public property involving the same and consumption of alcohol should be covered by a minimum of $1,000,000 insurance under the Dram Shop Act; now, therefore be it RESOLVED, For the year 2014, Common Council hereby approves a revocable Alcoholic Beverage Permit for the outdoor sale and consumption of alcohol for Mercato Bar and Kitchen Restaurant that includes the sale of alcohol in accord with the terms and conditions set forth in application therefore, including minimum Dram Shop coverage in the amount of $1,000,000 and the approval of an outdoor dining permit. Carried Unanimously May 7, 2014 3 8.2 Planning, Building and Economic Development - Approval of Artwork for Another 21 Boxes: An Electrical Box Mural Project By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick WHEREAS, the City of Ithaca Public Art Commission (PAC) has been 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, 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 municipal electrical boxes throughout the city, by resolution on May 19, 2010, and WHEREAS, in 2012 the PAC initiated a project to beautify 21 municipal electrical boxes through the creation of murals by selected artists and the project was well-received by the community, and WHEREAS, due to the success of the first project, the PAC has launched a second project, Another 21 Boxes, that will add 21 new murals on municipal electrical boxes throughout the city, and WHEREAS, the project will be funded through a grant from the Community Arts Partnership and will be budget-neutral to the City, and WHEREAS, the PAC issued a Request for Proposals in January 2014 and received 52 submissions for the project, and WHEREAS, the PAC reviewed all of the submissions at its meeting on March 26, 2014, and distributed 21 proposals for public comment, and WHEREAS, after reviewing public comment, the PAC voted to recommend that the Common Council select the artwork submitted by 21 individual artists (as shown in “21 Boxes – Artist Proposals, 2014”) to be installed on 21 pre-approved electrical boxes throughout the city; now, therefore, be it RESOLVED, That the City of Ithaca Common Council selects the submissions of the following artists for Another 21 Boxes: An Electrical Box Mural Project, as recommended by the Public Art Commission: Zac Alling, David Bloch, Brody Burroughs, Arlo Chapple-Berletic, Marla Coppolino, Pamela Drix, Sara Fort, Jim Garmhausen, Rose Gottlieb, the Junior Youth Group, Alina Kim, Whitney Ledesma, Paldem Choedak Oshoe & Kalsang Lodoe Oshoe, Jennifer Ospina, Kurt Piller, Margaret Reed, Suzanne Schafer Bakert, Poppy Singer, Nate Waterman, Linda Wingerter, and Workroom G; and be it further RESOLVED, That the selected artists may proceed with the installation of their murals on their appointed electrical box upon the execution of an agreement with the City (as reviewed by the City Attorney). Carried Unanimously 8.3 Department of Public Information and Technology: Termination of Sales of New York State Department of Environmental Conservation (NYSDEC) Sporting Licenses - Resolution By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick WHEREAS, the City Clerk’s Office has been selling sporting licenses as an agent of the NYSDEC for over twenty-five years, and WHEREAS, in a letter dated April 9, 2013, the New York State Department of Environmental Conservation (NYSDEC) announced that the Department would discontinue the use of certain equipment used to issue sporting licenses and would be transitioning to a new vendor; and WHEREAS, the NYSDEC also acknowledged that the changes in equipment and technical support may impact the interest and/or ability for agents to continue to sell licenses and has provided an option to opt out of selling them; and WHEREAS, the new software system that the NYSDEC is using for license sales has not worked properly since it was installed; and May 7, 2014 4 WHEREAS, the NYSDEC technical staff has not been responsive to requests for assistance to access and use their software, which has resulted in the inability to issue sporting licenses; and WHEREAS, the City Clerk has reviewed the record of sales of sporting licenses, which indicates that in 2013 their office earned $305.88 in commissions from $5,832.93 in license sales; and WHEREAS, there are a number of other local agents available to provide said services to the community, and the City Clerk recommends that the Department of Public Information and Technology discontinue the sale of sporting licenses; now, therefore be it RESOLVED, That the City of Ithaca Common Council supports the City Clerk’s recommendation to opt out of the sale of sporting license and authorizes the City Clerk to take appropriate actions to make said notice to the NYSDEC as well as the general public. Carried Unanimously PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE: 9.1 An Ordinance to Amend the City of Ithaca Municipal Code Chapter 325, Entitled “Zoning” to Remove §325-19A entitled “Transition Regulations, Lots in Two Districts” A. Declaration of Lead Agency – Resolution By Alderperson Murtagh: Seconded by Alderperson McCollister WHEREAS, State Law and Section 176-6 of the City Code require that a lead agency be established for conducting environmental review of projects in accordance with local and state environmental law, and WHEREAS, State Law specifies that, for actions governed by local environmental review, the lead agency shall be that local agency which has primary responsibility for approving and funding or carrying out the action, and WHEREAS, the proposed zoning amendment is an “Unlisted” Action pursuant to the City Environmental Quality Review (CEQR) Ordinance, which requires environmental review under CEQR; now, therefore, be it RESOLVED, That the Common Council of the City of Ithaca does hereby declare itself lead agency for the environmental review of the adoption of an ordinance to amend the Municipal Code of the City of Ithaca, Chapter 325, Entitled “Zoning” to remove §325-19A Transition Regulations, Lots in Two Districts. Carried Unanimously B. Determination of Environmental Significance - Resolution By Alderperson Murtagh: Seconded by Alderperson Kerslick WHEREAS, the City of Ithaca is considering an amendment to Chapter 325 of the Municipal Code in order to remove §325-19A, Transition Regulations, Lots in Two Districts, and WHEREAS, appropriate environmental review has been conducted including the preparation of a Short Environmental Assessment Form (SEAF), dated February 24, 2014, and WHEREAS, the zoning amendment 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 has also been reviewed by the City of Ithaca Conservation Advisory Council and the City of Ithaca Planning and Development Board, and WHEREAS, the proposed action is an “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 in the Short Environmental Assessment Form, dated February 24, 2014, 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 May 7, 2014 5 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 C. Adoption of Ordinance By Alderperson Murtagh: Seconded by Alderperson McCollister WHEREAS, Chapter 325, Zoning, of the City of Ithaca Municipal Code includes transition regulations for lots in two zoning districts that allow the regulations of the less restrictive zone to extend into the more restrictive zone by up to 30 feet, and WHEREAS, the boundaries of the City’s zoning districts are established to create a natural transition from more restrictive to less restrictive zones, and WHEREAS, allowing the less restrictive regulations to extend into a more restrictive zone disrupts carefully planned transitions between zoning districts and undermines the protections provided by more restrictive zoning districts; now, therefore, BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows: ORDINANCE NO. ____ Section 1. Chapter 325, Section 325-19A is hereby deleted in its entirety, and all subsequent sections shall be renumbered accordingly. A. Lots in two districts where neither zoning district is a CBD district. Where a district boundary line divides a lot at the time such line is established, the regulations for the less-restricted portion of such lot shall extend not more than 30 feet into the more-restricted portion, provided that the lot has frontage on a street in the less-restricted district. This exception shall not apply to any properties or portions of a property located within any CBD district. Section 2. All applicable sections within the City of Ithaca Municipal Code shall be updated in accordance with the amendments made herewith. Section 3. 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 4. Effective date. This ordinance shall take effect immediately and in accordance with law upon publication of notices as provided in the Ithaca City Charter. Carried Unanimously 9.2 An Ordinance Regarding the Termination of Covenants Applicable to 222 South Cayuga Street By Alderperson Murtagh: Seconded by Alderperson Kerslick ORDINANCE 2014-___ WHEREAS, on June 1, 1983, Common Council passed an Ordinance modifying the zoning district applicable to the property commonly known as 222 South Cayuga St. (the “Property”), on which a Holiday Inn Hotel is presently located; and WHEREAS, the re-zoning of the Property was contingent on the then-owners entering into a Declaration of Covenants (the “Declaration”) that restricted development on terms agreeable to the City, and such Declaration was recorded in the Tompkins County Clerk’s Office in Liber 595 of Deeds at Page 348; WHEREAS, a potential lender to the present owner of the Property, Lenroc, L.P. (“Lenroc”), requested that Lenroc review the restrictions and covenants as contained in the Declaration to determine whether the same are applicable in light of the passage of time and changed circumstances, in an effort to streamline and simplify the title to the Property; and WHEREAS, City staff and Lenroc agree that the restrictions and covenants contained in the Declaration are no longer applicable or the requirements imposed therein are imposed by other codes and ordinances to which the Property is subject; in particular, the requirements dealing with the size and dimensions for any construction and procedures to follow for obtaining requisite municipal consent for any construction which may have been initially satisfied are now May 7, 2014 6 outdated and imposed by other applicable city codes and ordinances; and provisions for the rental of parking spaces in an adjacent municipal parking lot are no longer applicable in that the surface lot has been replaced by a parking ramp to which patrons of the hotel have had access; and WHEREAS, the City will not incur any costs in terminating the restrictions contained in the Declaration; now therefore BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows: Section 1. Findings of Fact. The Common Council finds that the restrictions contained in the Declaration are either no longer applicable or are imposed on the Property by other codes and/or ordinances, and the City’s interests thus no longer require the application of the restrictions in the Declaration to the Property. Section 2. Authorization for Mayor to Sign. The Common Council hereby authorizes the Mayor, upon the advice of the City Attorney, to execute all documents necessary to terminate the restrictions contained in the Declaration. Section 3. Effective Date. This ordinance shall take effect immediately. Carried Unanimously CITY ADMINISTRATION COMMITTEE: 10.1 A Local Law Entitled “Confirmation of the Sidewalk Improvement District Assessments, Budget, and Schedule of Work for Fiscal Year 2014” By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick WHEREAS Section C-73 of the City Charter creates five Sidewalk Improvement Districts (each a “SID”) for the construction and repair of sidewalk, and provides for an assessment against each property located in each SID for the benefits received by the property from said construction and repair, and WHEREAS the Board of Public Works has recommended a budget and schedule of work for Fiscal Year 2014, subject to review, amendment, and confirmation by the Common Council, and WHEREAS the Board of Public Works has recommended a schedule of assessments reflecting the amendments approved by vote of the Common Council on March 5, 2014, and WHEREAS Section C-73 provides that Council shall amend as appropriate and confirm the SID assessments, budget, and schedule of work after a public hearing, and WHEREAS the appropriate public hearing has been held, and Council has given due consideration to the comments made, if any, Local Law No. ____-2014 NOW, THEREFORE BE IT ENACTED by the Common Council of the City of Ithaca as follows: Section 1. Legislative Findings, Intent, and Purpose. Pursuant to Municipal Home Rule Law Section 10(1)(ii)(c)(3) the City of Ithaca is authorized to adopt a local law relating to the authorization, making, confirmation, and correction of benefit assessments for local improvements. The Common Council has reviewed the assessments, budget, and schedule of work recommended by the Board of Public Works for Fiscal Year 2014, reflecting the amendments approved by vote of the Common Council on March 5, 2014, and makes the following findings of fact: A. The public hearing prior to confirmation required by Section C-73 has been held, and all owners of property subject to a SID assessment appearing to speak before Council have had an opportunity to do so. B. The attached schedule of work, as recommended by BPW and previously subject to review by Council, constitutes a set of local improvements, the cost of which should be assessed against the properties located in the SID in which the work is to be performed. May 7, 2014 7 C. The attached budget and related assessments are necessary to defray the cost of construction and maintenance of sidewalk in the City, and Council has made a legislative judgment that each property in each SID is being assessed in proportion to the benefit received by that property from the sidewalk construction and repair contained in the schedule of work. Section 2. Confirmation of the Assessment Roll, Budget, and Schedule of Work. The Common Council approves and confirms the assessment roll, budget, and schedule of work attached hereto, and imposes a lien upon each property so assessed as set forth in the assessment roll. To the extent that any assessment for Fiscal Year 2014 has been or is held invalid or illegal by a court of competent jurisdiction due to the lack of a confirmation of the assessment prior to this Local Law, or due to any other irregularity or lack of procedure that is cured by this Local Law, such assessment is hereby confirmed and re-levied as of the effective date of this Local Law. Section 3. Severability Clause. 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 portions of this Local Law. Section 4. Effective and Operative Date. This Local Law shall be effective, upon filing in the office of the Secretary of State, retroactive to January 1, 2014. PLEASE NOTE: This note regarding Local Law 2014-02 entitled “Confirmation of the Sidewalk Improvement District Assessments, Budget, and Schedule of Work for Fiscal Year 2014” is provided in order to incorporate, by reference, the voluminous sidewalk assessment roll that is available for inspection in the Office of the City Clerk/Department of Public Information and Technology, Monday – Friday, between the hours of 8:30 a.m. and 4:30 p.m. The local law will be maintained, along with the 2014 Sidewalk Assessment Roll, electronically by the Office of the City Clerk/Department of Public Information and Technology in its Laserfiche software. Extensive discussion followed on the floor regarding the impact that the Old Elmira Road Project will have on District 4’s sidewalk improvement funds. Alderperson McGonigal suggested that the project be modified to only build sidewalk on one side of the street. He further voiced his opinion that the Spencer Road project is a higher priority. Mayor Myrick reminded Council that other Districts cannot pay for work in District 4; however, a Capital Project or the General Fund could. He suggested that Alderperson McGonigal meet with Transportation Engineer Logue and Director of Engineering West to discuss alternate options such as curb cuts, etc. City Attorney Lavine noted that this Local Law includes the requested amendments regarding vacant lots. The Law can’t be amended and voted on tonight, it would have to be considered at a future meeting. Mayor Myrick extended his gratitude to all of the staff that worked on this law, especially the City Chamberlain’s Office which has worked very hard on all of the assessment and billing issues. A vote on the Local Law resulted as follows: Alderperson Brock Voted Aye Alderperson McGonigal Voted Nay Alderperson Clairborne Voted Aye Alderperson Murtagh Voted Aye Alderperson McCollister Voted Aye Alderperson Fleming Voted Aye Alderperson Smith Voted Aye Alderperson Kerslick Voted Aye Alderperson Mohlenhoff Voted Aye Alderperson Martell Voted Aye Carried (9-1) May 7, 2014 8 10.2 DPW – Request for Funds for Asbestos Remediation in City Hall - Resolution By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick WHEREAS, recent work in the basement of City Hall has uncovered asbestos tile that needs remediation, and WHEREAS, City Facility staff have obtained three proposals for the asbestos remediation work in the basement of City Hall with an estimated project cost of $13,000, which includes a $3,000 allowance for air monitoring and $500 for contingency, and WHEREAS, these funds were not part of the 2014 budget and cannot be transferred from existing Department of Public Works funds, and WHEREAS, the City Controller recommends the use of Unrestricted Contingency funds as a source of funding for the asbestos removal project, and WHEREAS, the unrestricted contingency fund currently has a balance of $121,000; now, therefore be it RESOLVED, That Common Council hereby approves the transfer of funds in an amount not to exceed $13,000 from Account A1990 Unrestricted Contingency to Account A1621-5489 City Hall Building cost for the purposes of remediation of asbestos tile from the basement of City Hall. Superintendent of Public Works Thorne noted that 4 bids have been received for this work. The floor tile will not be replaced, the floor will be left as concrete. A vote on the Resolution resulted as follows: Carried Unanimously 10.3 DPW - Pedestrian Signal Countdown Timer Project - Authorization to Implement and Fund the First Instance 100% of the Federal Aid-Eligible Costs of a Transportation Federal-Aid Project, and Appropriating Funds Therefore - Resolution By Alderperson Mohlenhoff: Seconded by Alderperson Clairborne WHEREAS, the City of Ithaca submitted an application for federal funding through the Highway Safety Improvement Program (HSIP) for the purpose of upgrading sixteen (16) City of Ithaca- owned traffic signals to incorporate pedestrian countdown timers to improve pedestrian safety, and was subsequently awarded $147,700, and WHEREAS, a project for “Pedestrian Signal Countdown Timers,” P.I.N. 375590 (the “Project”), is eligible for funding under Title 23 U.S. Code, as amended, that calls for the apportionment of the costs of such program to be borne at the ratio of 90% federal funds and 10% non-federal funds, and WHEREAS, the City of Ithaca desires to advance the Project by making a commitment for 100% of the non-federal share of the costs for Preliminary Engineering/Design, Detailed Design, Construction, and Construction Inspection, and WHEREAS, in accordance with SEQR and CEQR, the Project is a Type II Action (installation of traffic control devices), which is not subject to further environmental review; now, therefore, be it RESOLVED, That the Common Council hereby approves the above-subject Project, and be it further RESOLVED, That the Common Council hereby authorizes the City of Ithaca to pay in the first instance 100% of the federal share of the cost of Preliminary Engineering/Design, Detailed Design, Construction, and Construction Inspection work for the Project or portions thereof, and be it further RESOLVED, That the sum of $147,700 is hereby appropriated from the issuance of serial bonds and made available to cover the cost of participation in this phase of the Project, and be it further RESOLVED, That Common Council hereby creates Capital Project # 801, Pedestrian Signal Countdown Timers, to include the Project costs of $147,700, and be it further RESOLVED, That in the event the full costs of the Project exceeds the amount appropriated above, the Common Council of the City of Ithaca shall convene as soon as possible to May 7, 2014 9 appropriate said excess amount immediately upon the notification by the New York State Department of Transportation (NYSDOT) thereof, and be it further RESOLVED, That the Mayor of the City of Ithaca be and is hereby authorized to execute all necessary Agreements, and that the Superintendent of Public Works be and is hereby authorized to execute all necessary certifications or reimbursement requests for Federal Aid on behalf of the City of Ithaca with the New York State Department of Transportation in connection with the advancement or approval of the Project and providing for the administration of the Project and the municipality’s first instance funding of Project costs and permanent funding of the local share of federal-aid and state-aid eligible Project costs and all Project costs within appropriations therefore that are not so eligible, and be it further RESOLVED, That this Project be undertaken with the understanding that the final cost of the Project to the City of Ithaca will be roughly 10% of said portion, currently estimated at $14,770 of the $147,700 authorized for this phase of the Project, in monies and in-kind services as managed by the Superintendent of Public Works and monitored by the City Controller; and be it further RESOLVED, That a certified copy of this resolution be filed with the New York State Commissioner of Transportation by attaching it to any necessary Agreement in connection with the Project, and be it further RESOLVED, That this Resolution shall take effect immediately. Carried Unanimously 10.4 Finance - Approval of 2012 City Single Audit - Resolution By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick RESOLVED, That the Independent Auditor’s Report for the period January 1, 2012, through December 31, 2012, prepared by the accounting firm of Ciaschi, Dietershagen, Little, Mickelson & Company, LLP, be accepted to comply with all the City’s applicable Governmental Accounting Standards Board (GASB) Statement 34 and other related audit and single-audit requirements. Carried Unanimously 10.5 City Controller’s Report City Controller’s Report: City Controller Thayer reported on the following:  Work on the 2013 Audit will begin in July  2015 City budget development is underway. There is a smaller deficit to address in 2015 than 2014. Health insurance and pension costs are the primary causes of the deficits.  The New York State Budget has been approved:  No increase in AIM payment (Aid to Municipalities - $2.6 million)  Increase in CHIPS funding ($540)  Property Tax freeze – includes a rebate check to taxpayers of approximately $350 if the municipality complies with the tax cap for 2 years (no overrides). In the second year, the municipality must have a NYS approved Government Efficiency Plan that includes shared services, consolidations, etc. Municipalities may cite existing shared services agreements. The plan must show a 1% savings for each of 3 years.  The State is offering “extreme winter recovery” funding. The City will receive $40,902 for road repairs. 2014 Activity:  Sales tax collections are increasing but still running 1% lower than this time last year.  CPI level for 2014 is 1.5% which equals a $18,773 increase in Cornell University’s voluntary contribution from last year.  Parking revenue collections have increased over last year’s activity; however, they are not meeting the budget projections. Discussion followed on the floor regarding the money expended from the DPW budget lines to address the ice jams this past winter. The dollar amount was under the threshold for Federal disaster relief funding, so the City will need to absorb those costs. Alderperson Mohlenhoff noted that the May 28, 2014 Committee of the Whole meeting will focus specifically on the Department of Public Works and their budget needs. May 7, 2014 10 MAYOR’S APPOINTMENTS: 14.1 Appointment to Community Police Board – Resolution By Alderperson Mohlenhoff: Seconded by Alderperson Brock RESOLVED, That Richard Onyejuruwa be appointed to the Community Police Board to fill a vacancy with a term to expire December 31, 2014, and be it further Appointment to Bicycle Pedestrian Advisory Council – Resolution RESOLVED, That Patrick Braga be appointed to the Bicycle Pedestrian Advisory Council to fill a vacancy with a term to expire December 31, 2016. Carried Unanimously REPORTS OF COMMON COUNCIL LIAISONS: Ithaca Landmarks Preservation Commission Alderperson McCollister reported that the discussion about the proposed Ridgewood Road Apartment Complex Project has been moved to a special meeting that will be held on Tuesday, May 20, 2014 at 5:30 pm. There will be a tour of the Cornell Heights neighborhood on Friday, May 16, 2013. Chamber of Commerce Alderperson Mohlenhoff announced that Chamber of Commerce Director Jean McPheeter’s retirement party will be held this weekend. Jean has been a tremendous ally and partner to the City of Ithaca and will be missed. Youth Council Alderperson Clairborne expressed his appreciation to the Youth Council and the 60-80 people who participated in the “Ithaca is Service!” day event. REPORT OF CITY ATTORNEY: City Attorney Lavine reported on the following:  The Stormwater Task Force policy proposal has been distributed to the Board of Public Works with a positive response. The proposal will be forwarded to the City Administration Committee for consideration in May.  City of Ithaca vs. Beach Case: The $38,500 payment for violations has been received.  Ginsburg Case: the City has filed a Notice of Appeal.  The issue of panhandling will be discussed at the May City Administration Committee meeting. Alderperson Clairborne requested an update on the work being conducted in the area formerly known as the “Jungle”. Mayor Myrick explained that due to the recent deaths, fires, and injuries, an access road has been constructed to provide emergency vehicles faster access to the area. In addition, the area has been cleared of debris to mitigate additional health and safety risks. No formal evictions were made; however, occupants were asked to relocate during the construction period for safety reasons. Mayor Myrick highlighted his mission to find housing that works for everyone. MINUTES FROM PREVIOUS MEETINGS: 18.1 Approval of the April 2, 2014 Regular Common Council Meeting Minutes – Resolution By Alderperson McCollister: Seconded by Alderperson Smith RESOLVED, That the minutes of the April 2, 2014 Regular Common Council Meeting be approved as published. Carried Unanimously ADJOURNMENT: On a motion the meeting adjourned at 8:05 p.m. ______________________________ _______________________________ Julie Conley Holcomb, CMC Svante L. Myrick City Clerk Mayor