HomeMy WebLinkAboutMN-CC-2014-01-08COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 6:00 p.m. January 8, 2014
PRESENT:
Acting Mayor Mohlenhoff
Alderpersons (9) Brock, McGonigal, Murtagh, Clairborne, McCollister, Fleming,
Smith, Kerslick, Martell
EXCUSED:
Mayor Myrick
OTHERS PRESENT:
City Attorney – Lavine
City Controller – Thayer
Building, Planning & Economic Development Director – Cornish
Community Development Director – Bohn
Supt. of Public Works - Thorne
Human Resources Director – Michell-Nunn
Information Management Specialist - Myers
1. PLEDGE OF ALLEGIANCE:
Acting Mayor Mohlenhoff led all present in the Pledge of Allegiance to the American
Flag.
2. ADDITIONS TO OR DELETIONS FROM THE AGENDA:
Planning & Economic Development Committee:
Alderperson Murtagh requested that item 9.1 entitled “An Ordinance to Amend the City
of Ithaca Municipal Code Chapter 325, Entitled “Zoning,” in order to rezone properties
located in the R-U zoning district to R-3a and R-3aa zoning districts” be pulled from the
agenda so that it can go back to committee for further review and possible revisions.
The scheduled public hearing on the agenda will be held as advertised this evening.
No Council Member objected.
New Business:
Acting Mayor Mohlenhoff provided a brief update on the recent flooding as a result of
ice jams in Cascadilla Creek in the Northside of the City. She explained that the Mayor
declared a State of Emergency for that area in order to put in place the means by which
additional resources might obtained to assist the City in responding to this situation. She
stated that the City would be using treated effluent water from the waste water
treatment plant which has a temperature of about fifty degrees to help melt some of the
ice from affected streets. Then crews can go in, break up the ice, and plow it off the
streets. At this point, all streets that had been closed are now re-opened, which is good
news. She further noted that City Staff and officials are scheduled to have a conference
call with the National Weather Service on Friday, January 10th in anticipation of warm
temperatures and rain forecasted for the upcoming weekend, which might have
significant impacts on the City in terms of additional flooding in other areas of the City.
She further explained that all creeks in the city are being monitored as well since they
contain ice build up and may cause additional problems should we experience the
weather forecasted.
She recognized and expressed her sincere thanks and appreciation to the city crews
who have been working diligently to help residents with flooding and ice issues in
extremely cold (-25 to -30 degrees Fahrenheit) temperatures this week. They include
members of the Department of Public Works, the Ithaca Fire Department, the Ithaca
Police Department, and the volunteer fire/police members. They have done an
extraordinary job working around the clock to clear and remove ice from the creek,
roadways, water from flooded basements, and assisting residents in anyway they can.
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She reported that the City would provide updates through its website on the situation
and encouraged everyone to monitor that and share the information with everyone. She
also encouraged everyone to make sure they are prepared for future weather impacts
by making sure they have sump pumps and that they are operational. She also asked
everyone to support and assist their neighbors, where possible.
Acting Mayor Mohlenhoff announced that Mayor Myrick would give his “State of the
City” address at the February 5, 2014 Common Council meeting.
3. PROCLAMATIONS/AWARDS:
Acting Mayor Mohlenhoff read a proclamation declaring January 25, 2014 as “Blue
Grass/Traditional Music Day” in the City of Ithaca. Rick Manning accepted the
proclamation and encouraged everyone to attend the Winter Village/Blue Grass Festival
event scheduled for January 25, 2014 at the State Theatre. He stated that the long-
term vision of the event would be to grow it so that it might provide a boost to the City’s
tourism and economy during the slower winter months, when business is most needed
for restaurants and hotels.
4. SPECIAL ORDER OF BUSINESS:
4.1 A Public Hearing to Consider the Proposal to Re-zone Properties in the R-U
Zoning District to R3aa and R3a
Resolution to Open Public Hearing:
By Alderperson Murtagh: Seconded by Alderperson McCollister
RESOLVED, That the public hearing to Consider the Proposal to Re-zone Properties in
the R-U Zoning District to R3aa and R3a. be declared open.
Carried Unanimously
The following people addressed Council to express their support for the proposed
rezoning of RU properties to R-3a or R-3aa. They also expressed their concern and
opposition to the proposal to remove the minimum parking requirements in the same
area of the proposed zoning changes. They were all pleased to know that the proposal
would be going back to committee for further review and discussion, and encouraged
the City to make sure that the affected neighbors are able to provide input as they move
forward with the proposal.
Ann Sullivan, City of Ithaca
John Schroeder, City of Ithaca
Bill Demo, City of Ithaca
GP Zurenda, City of Ithaca
Resolution to Close Public Hearing:
By Alderperson Murtagh: Seconded by Alderperson Smith
RESOLVED, That the public hearing to Consider the Proposal to Re-zone Properties in
the R-U Zoning District to R3aa and R3a. be declared closed.
Carried Unanimously
5. SPECIAL PRESENTATIONS BEFORE COUNCIL:
There were no special presentations before Council.
6. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
Joel Harlan, Town of Newfield, addressed Council to voice support for Downtown Ithaca
Alliance’s efforts to revitalize downtown Ithaca, to express concerns over nuclear
weapons being developed in foreign countries, and concern about the security of our
nation.
7. PRIVILEGE OF THE FLOOR:
Alderperson McCollister thanked the speakers for their comments about the proposed
rezoning. She shared information from Berkeley, California about how they proceeded
with implementation of a payment in lieu of taxes program for particular zoning changes
they undertook.
Alderperson Murtagh thanked the speakers for their comments. He stated that an
important point he heard from comments made was that there was a lot of support for
the re-zoning. The main point of opposition was the proposal to eliminate minimum
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parking requirements. It is a topic that has garnered a lot of debate in the City of Ithaca.
That is important to recognize, at least for broader goal of changing zoning, was that
everyone agrees that something needs to be done, and he hopes that a compromise
can be found.
Alderperson Brock expressed her appreciation for the chance to explore this proposal
deeper when it returns to the Planning and Economic Development committee next
week. She expressed concern about the elimination of the RU zone which protects
larger properties and allows for denser development.
Alderperson Kerslick thanked the speakers for their comments. He explained that there
is a working group coming forward with some ideas for the Collegetown zoning plan,
and noted that it is important to remember that there isn't one solution that will fit and
work for the entire City. Each neighborhood needs to be treated on its own merits. He
noted that the current situation needs to be addressed to allow for more housing in the
City of Ithaca. People want to live in the city, but can't find what they're looking for
because there are so many different levels of housing needs for residents.
Alderperson Clairborne wished everyone Happy New Year, and thanked everyone for
their comments. He noted that Common Council needs to keep in mind that the effects
of any plan would not just affect the Collegetown area, but other areas of the City as
well. He noted that a lot of the parking pressures in Collegetown are going to be
experienced downtown as a result of all the new development taking place. He also
understands the need for residents to provide input on any planned zoning changes,
especially those that will affect their neighborhoods. He expressed his thanks and
appreciation for the emergency and DPW workers in responding to the ice jams and
flooding issues on the Northside of the City, and all the related impacts. He reported
that Neighborhood Pride grocery store closed on December 31, 2013; he was very sad
to see that happen since the property owners put everything they had financially into it.
He further announced that the 29th Annual Martin Luther King, Jr. luncheon would be
held on January 16, 2014 at noon at Southside Community Center. In addition, the
annual Martin Luther King breakfast will be held on January 18, 2014 at Beverly J.
Martin School gym.
8. CONSENT ITEMS: Item 8.3 entitled “Human Resources - Request to Amend
Various Departmental Rosters Resolution” was pulled from the consent agenda, due to
a typo, and placed under City Administration Items as item 11.2, with the rest of the CA
items renumbered accordingly.
8.1 Downtown Chili-Cook Off Alcohol Approval - Resolution:
By Alderperson McCollister: Seconded by Alderperson Kerslick
RESOLVED, That the Downtown Ithaca Alliance shall be authorized to arrange for the
sale and sampling of New York State bottled wine, hard cider, and beer at booths during
the Great Downtown Ithaca Chili Cook-Off on February 15, 2014 on the Ithaca
Commons, and, be it further
RESOLVED, That the Downtown Ithaca Alliance and participating wineries and
breweries shall comply with all applicable state and local laws and ordinances, and shall
enter into an agreement providing that it will hold the City harmless and indemnify the
City on account of any claims made as the result of the sampling and sale of bottled
wine, hard cider, and beer on the Ithaca Commons, and, be it further
RESOLVED, That the Downtown Ithaca Alliance or the participating winery, cider
company or brewery shall agree to maintain liability insurance in the amount of
$1,000,000.00 and Dram Shop Act coverage in the minimum amount of $500,000.00,
and shall provide evidence of such insurance to the City Clerk.
Carried Unanimously
Consent Items Continued - City Administration Committee:
8.2 Youth Bureau – Amendment to Authorized Roster for Creation of
Recreation Program Assistant - Resolution
By Alderperson McCollister: Seconded by Alderperson Kerslick
WHEREAS, as part of the Authorized 2014 City of Ithaca Budget, the position of
Recreation Program Assistant at the Youth Bureau was established, and
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WHEREAS, no additional funding is needed for any of these requests in the approved
2014 budget; now, therefore, be it
RESOLVED, That Common Council hereby amends the 2014 Authorized Roster as
follows:
Add: One (1) Recreation Program Assistant – 20 Hours per work
week
Decrease: One (1) Recreation Program Specialist from 35 to 20 hours
per work week
Increase: One (1) Recreation Program Coordinator from 20 to 35
hours per work week
, and be it further
RESOLVED, That the position of Recreation Program Assistant shall be assigned to the
CSEA Administrative Unit at Salary Grade 5, 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 seven (7) hours per day (thirty-five (35) hours per
week).
Carried Unanimously
8.3 City Attorney – Policy to Allow the City Chamberlain’s Office to Refund
Less Than $500 for Errors in Sidewalk Assessments - Resolution
By Alderperson McCollister: Seconded by Alderperson Kerslick
WHEREAS, Local Law No. 4-2013 assesses each property in the City located in one of
five Sidewalk Improvement Districts (each an “SID”) for the benefit received by the
property from sidewalk construction and repair occurring in the district; and
WHEREAS, the data on which the assessments are based is possessed and
maintained by the Tompkins County Department of Assessment; and
WHEREAS, the sidewalk assessment fees will be included as a separate line item on
the tax bills mailed by the City; and
WHEREAS, due to incorrect data or other clerical error, from time to time an incorrect
assessment may be entered with respect to a parcel; and
WHEREAS, Section 556 of the Real Property Tax Law authorizes a governing body to
delegate the payment of benefit assessment refunds due to these errors; and
WHEREAS, the Tompkins County Director of Assessment has requested that the City
designate the City Chamberlain as the official to whom such delegation is made; and
WHEREAS, it is the opinion of the Common Council that the delegation to the City
Chamberlain would be more efficient in processing said refunds and therefore beneficial
to the public; now therefore be it
RESOLVED, That the City Chamberlain shall review and discuss refund
recommendations with the Tompkins County Director of Assessment; and be it further
RESOLVED, That the City Chamberlain is hereby authorized to make payments of any
refunds of less than $500 as if the Common Council had performed an audit in
compliance with Paragraphs 1-7 of Section 566 of the Real Property Tax Law; and be it
further
RESOLVED, That any refund of $500 or more must be approved by the Common
Council pursuant to Paragraph 8(b) of Section 556 of the Real Property Tax Law; and
be it further
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RESOLVED, That the City Chamberlain shall transmit on or before the 15th day of each
month a report to the City Administration Committee and further to Common Council of
all the refunds processed during the previous month; and be it further
RESOLVED, That this resolution shall only be in effect during the calendar year 2014.
Carried Unanimously
9. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE:
9.1 An Ordinance to Amend the City of Ithaca Municipal Code Chapter 325
Entitled "Zoning" in order to rezone properties located in the R-U zoning district
to R-3a and R-3aa zoning districts
A. Declaration of Lead Agency - Resolution
B. Determination of Environmental Significance - Resolution
C. Adoption of Ordinance
The items above were pulled from the agenda and will be deferred back to the January
15, 2014 Planning and Economic Development Committee for further review and
discussion.
10. GOVERNMENT PERFORMANCE, AND ACCOUNTABILITY COMMITTEE:
10. End of Year Report for 2013
Acting Mayor Mohlenhoff/Chair of the GPA explained that she had a brief discussion
with Mayor Myrick regarding how to proceed in 2014 with the items that the GPA
committee had been working on, since the GPA Committee will not continue into 2014.
They both felt that former GPA members should review what items might be folded into
the City Administration Committee going forward. The following items were identified:
A. Public Information/Communication
B. Board/Committee Analysis – maybe created a sub-group with both members of
Planning and Economic Development/City Administration committees
C. Taxi cab legislation
Alderperson Clairborne asked whether he, as a member of the Tompkins County
Council of Governments, should bring this up at their next meeting since the GPA had
discussed a more regional approach to this topic. Alderperson McCollister thought that
would be a good idea, but requested that City Clerk Holcomb be consulted as she was
going to set up a meeting with local representatives to discuss the taxi cab legislation.
Alderperson Clairborne questioned whether there would training/orientation provided for
the new council members. He noted that this did not occur in 2013, and that orientation
is very important to all council members - especially moving forward with strategic
planning.
Acting Mayor Mohlenhoff responded that the Clerk's Office will be spearheading that
program, and that City Clerk Holcomb is working to set up monthly training sessions at
City Hall, which she could also make available online.
Alderperson Kerslick stated that he has received several communications regarding the
sidewalk improvement district outreach efforts, and thought it would be better to have
some coordination of those communications. He likes the idea of more accessible
meetings taking place in the various neighborhoods rather than at City Hall.
City Attorney Lavine noted that the above points are well taken, and he fully agrees with
them. He stated that in future years, the city will have a new sidewalk program manager
to coordinate them directly; this year that is still in process. He hopes to schedule a
meeting with staff from all the offices involved in the new sidewalk program in anyway to
discuss these issues. He stated that if any Council members are interested in attending
that meeting to feel free to let him know.
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11. CITY ADMINISTRATION:
11.1 Human Resources - Request to Amend Various Departmental Rosters -
Resolution
By Alderperson Kerslick: Seconded by Alderperson McCollister
WHEREAS, as part of the authorized 2014 City of Ithaca Budget various positions were
added or deleted; now therefore, be it
RESOLVED, That the 2014 Authorized Personnel Roster be hereby amended, effective
January 1, 2014, as follows:
Delete: One (1) Office Manager (Building Department)
One (1) Director of Information Technology (IT)
Alderperson Clairborne stated that he does not support this type of action occurring as
part of the city’s budget process. He will not vote in support of it.
City Attorney Lavine explained that this resolution executes roster adjustments into
alignment with the city’s budget which has already been approved by Common Council.
Common Council made the decision on this when they approved the 2014 budget.
A Vote on the Resolution Resulted as Follows:
Ayes (8) McGonigal, Murtagh, McCollister, Fleming, Smith, Kerslick, Martell
Nays (2) Brock, Clairborne
Abstentions (0)
Carried (8-0)
11.2 Human Resources - Request to Amend Various Departmental Rosters -
Resolution
By Alderperson Kerslick: Seconded by Alderperson Fleming
WHEREAS, as part of the authorized 2014 City of Ithaca Budget, several employee
work week schedules were adjusted; now therefore, be it
RESOLVED, That Common Council hereby amends the 2014 Authorized Roster,
effective January 1, 2014, as follows:
Increase in Hours:
Office Assistant (Planning, Building & Economic Dev.) to a 40 hour
work week
Decrease in Hours:
Administrative Coordinator (GIAC) from 35 to 17 hour work week
Youth Program Leader (Youth Bureau) from 22 to 17.5 hours work
week
Carried Unanimously
11.3 Department of Planning, Building and Development - Amendment to
Personnel Roster - Resolution
By Alderperson Kerslick: Seconded by Alderperson McCollister
WHEREAS, the Building Department was incorporated into the Department of Planning
and Development on January 1, 2013, thereby creating the Department of Planning,
Building and Development, and
WHEREAS, the merger of the two departments resulted in staffing changes at the
managerial level, and
WHEREAS, the Civil Service Commission classified the position of Director of Code
Enforcement and adopted the job description for the position at their December 11,
2013, meeting; now, therefore be it
RESOLVED, That the Personnel Roster of the Department of Planning, Building and
Development shall be amended as follows:
Add: One (1) Director of Code Enforcement (40 hours)
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Delete: One (1) Deputy Building Commissioner (40 hours)
, and be it further
RESOLVED, That the position of Director of Code Enforcement shall be assigned to the
Managerial Compensation Plan at Salary Grade 4, 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 eight (8) hours per day (forty (40) hours per week).
Alderperson Brock made the following statement for the record regarding this resolution:
I wanted to share some questions I have in regards to the proposed Job Description of the
Director of Code Enforcement that we will be voting on tonight.
Zoning, land use, ILPC, site plan and exterior property maintenance
In contrast to the position of Building Commissioner, the job description for the Director
of Code Enforcement (DCE) appears to be silent in regards to enforcement of zoning,
land use regulations, and exterior property maintenance. I noticed that the new
description and activities of the DCE are limited to state and municipal building, housing
and life safety codes applicable to construction, renovation and occupancy.
While the description describes "Investigates complaints and assists in preparation of
materials for abating violations of building codes, housing codes and the sign
ordinance;" it does not include investigations into complaints of violations for exterior
property maintenance, zoning regulations, site plan review conditions or landmarks
preservation requirements.
How are these duties going to be distributed, if they are no longer under the purview of
the DCE? Will both the DCE and Director of Zoning Administration be working together
to approve applications and investigate complaints in regards to land use, zoning, ILPC,
site plan review or exterior property maintenance?
Am I correct in presuming that the previously identified power of enforcement which was
granted to the Building Commissioner is now only exercised by the DCE as directed by
the Director of Planning and Development?
Management
I noticed that the Director of Code Enforcement does not have supervisory
responsibilities for Building Division clerical and front office staff. Currently these
positions are supervised by the acting Building Commissioner. It seems beneficial and
operationally ideal to maintain the current managerial structure, and keep support staff
under the oversight of the Director of Code Enforcement. Who will be supervising the
front office staff if not the DCE?
City Attorney Lavine responded that this particular resolution tonight is a direct result of
the approval of the November 5, 2013 referendum that eliminated the position of
Building Commissioner. This resolution could not come before Council for approval
until that referendum item was approved by the voters of the City of Ithaca. In the
meanwhile the Director of Zoning position was fully flushed out at the beginning of 2013.
In addition, the Director of Planning, Building and Economic Development’s job
description is not slated to be rewritten. Further, he fails to see how powers of the
Building Commissioner have not been transferred to appropriate positions. Both
individuals spent time working on the local law and resolutions to create the positions.
That local law and ordinance went through each and every power of the Building
Commissioner and all have been transferred to either the Director of Zoning, Director of
Code Enforcement or the Director of Planning, Building and Economic Development.
He referred everyone to the June 2013 Council Agenda pages 8 and 11 for specifics.
All powers have absolutely been transferred and assigned - whether or not they made it
to the job description, it is possible that may not be all inclusive. He conveyed this
same point at the City Administration Committee meeting. He also stated that while the
Mayor respects the compensation setting procedures being long standing in
government, as far as the positions coming out of this restructuring, he is concerned
about the compensation and will be asking Common Council to consider a different
compensation at a future City Administration Committee meeting for both the Director of
Code Enforcement and the Director of Planning, Building and Economic Development.
Common Council Meeting Minutes January 8, 2014
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Alderperson Brock responded that she agrees that the powers noted above were
transferred in the city code, but not in the job description. She also appreciates the
desire to change the compensation for the positions.
Director of Planning, Building and Economic Development Cornish reported that after
the December 16, 2013 City Administration Committee meeting, where Alderperson
Brock raised the same concerns, that she and the Director of Code Enforcement met.
They both went through all the responsibilities outlined in the City Code and who is
responsible for them; they did find a few omissions in the job description. She and
Director of Code Enforcement Niechwiadowicz have proposed suggestions for revisions
to the job descriptions so they would be as all inclusive as possible. She further noted
that Director of Zoning Radke is in complete agreement with the proposed changes to
the job description as well.
A Vote on the Resolution Resulted as Follows:
Ayes (9) Clairborne, Murtagh, McGonigal, McCollister, Fleming, Smith,
Kerslick, Martell, Mohlenhoff
Nays (1) Brock
Abstentions (0)
Carried
11.4 Transfer of Function for Information Technology Departmental
Consolidation - Resolution
Alderperson Kerslick: Seconded by Alderperson McCollister
WHEREAS, the Common Council enacted on November 12, 2013, a Local Law entitled
“City of Ithaca Local Law to Consolidate the Department of Information Technology Into
the Department of the City Clerk”, and
WHEREAS, the above-referenced Local Law did, effective January 1, 2014, create a
Department of Public Information and Technology, headed by the City Clerk, and
containing, among others, those positions previously contained in the Department of
Information Technology , and
WHEREAS, a transfer of function pursuant to Section 70.2 of New York State Civil
Service Law provides the most administratively efficient manner of transferring positions
from one department of the City to another; now therefore be it
RESOLVED, That effective retroactive to January 1, 2014, all functions of the
Department of Information Technology and all employees who were as of December 31,
2013, employed by that Department in a manner that did not otherwise terminate on or
before January 1, 2014, shall be transferred to the Department of Public Information
and Technology, pursuant to Section 70.2 of New York State Civil Service Law.
Alderperson Brock stated that would vote against this item because like the previous
merger, it occurred within a budgetary process and not as the result of broader analysis.
City Attorney Lavine responded that this merger was part of the budget process, along
with the accompanying two separate local laws that Common Council approved. This
resolution is merely taking the necessary steps to transfer those employees previously
employed in the Information Technology Department to the Dept of Public Information
and Technology. If this resolution were to fail, it would have serious consequences.
Alderperson Clairborne stated that he did not support this action at the time of previous
merger between both department’s last year nor did he support this merger included
with the 2014 budget.
A Vote on the Resolution Resulted as Follows:
Ayes (8) McGonigal, Murtagh, McCollister, Fleming, Smith, Kerslick, Martell,
Mohlenhoff
Nays (2) Brock, Clairborne
Abstentions (0)
Carried
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11.5 Amendment to Capital Project #768 for Ithaca Falls Overlook Investigation
and Remediation Project - Resolution
By Alderperson Kerslick: Seconded by Alderperson Smith
WHEREAS, on March 2, 2011, Common Council established Capital Project #768
Ithaca Falls Overlook Investigation & Remediation in an amount not to exceed $778,000
to account for project expenses to be reimbursed through the Environmental
Restoration Program grant (ERP) from New York State, and
WHEREAS, the 0.95 acre City-owned Ithaca Falls Overlook site adjoins the former
Ithaca Gun factory building and extends from Lake Street north over the roadway to an
overlook of Ithaca Falls in the approximate area of 121-125 Falls Street, and
WHEREAS, capital project funding has been used to conduct an investigation to
determine the nature and define the limits of contamination both on-site and off-site and
devise alternative strategies to remediate environmental contamination for a future
public park use and facilitate private-sector redevelopment of the adjoining former
Ithaca Gun factory site, and
WHEREAS, the project is anticipated to include three interim remedial measures to
remove existing sources of subsurface lead contamination, of which interim remedial
measure #1 on the western access way of the site was completed, and
WHEREAS, on September 5, 2013, the City of Ithaca was awarded a $200,000
reimbursable grant from the U.S. Environmental Protection Agency Brownfield Cleanup
Program (EPA BCP) to conduct environmental remediation activities at the Ithaca Falls
Overlook site, and
WHEREAS, on December 2, 2013, the City of Ithaca’s application for $500,000 in
additional ERP funding was approved by New York State (ERP Amendment), and
WHEREAS, the ERP provides 90% reimbursement for eligible on-site expenses and
100% reimbursement for eligible off-site expenses, and
WHEREAS, the EPA BCP provides 80% reimbursement for eligible expenses, and
WHEREAS, the redeveloper of the adjacent former Ithaca Gun factory site, IFR LLC,
has pledged to the City per agreement executed on September 25, 2007, to pay the
10% local match on the initial ERP grant (up to $77,800), and
WHEREAS, a projected additional local match of $40,000 is needed to match the on-
site portion of the additional $500,000 in ERP Amendment funding, and
WHEREAS, IFR LLC managing member, Frost Travis, has pledged to pay up to
$15,000 of the local match on the ERP Amendment, and
WHEREAS, at their December 19, 2013, meeting the Ithaca Urban Renewal Agency
(IURA) approved funding the remaining required $25,000 local match on the ERP
Amendment from Community Development Block Grant (CDBG) funds, and
WHEREAS, $40,000 of ERP funding may be used to meet the 20% local match for the
EPA BCP, and
WHEREAS, to account for new funding, Capital Project #768 should be increased from
$778,000 to $1,518,000 as shown in the following summary funding table:
Ithaca Falls Overlook – Capital Project #768
Funding Award Amount Local Match Match Source Total Project
Cost
ERP $700,200$77,800 IFR LLC $778,000
ERP Amendment $500,000$40,000 IFR LLC: $15,000
IURA: $25,000
$540,000
ERP Subtotal $1,200,200$117,800 $1,318,000
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EPA BCP $200,000$0 ERP ($40,000) $200,000
Totals $1,400,200$117,800 $1,518,000
WHEREAS, the investigation phase of the ERP qualifies as a Type II action under the
City of Ithaca Environmental Quality Review Ordinance at §176-5(C)(17):
“Information collection, including basic data collection and research, water quality and
pollution studies, traffic counts, engineering studies, surveys, subsurface investigations
and soils studies that do not commit the agency to undertake, fund or approve any Type
I or unlisted action”, and
WHEREAS, any interim remedial measure to remove source contamination shall
undergo a separate environmental review; now, therefore, be it
RESOLVED, That City of Ithaca Common Council authorizes the Mayor, subject to
review by the City Attorney, to execute an amendment to the New York State
Assistance Contract to increase the Environmental Restoration Program funding
amount awarded to the City of Ithaca from $700,200 to $1,200,200 and extend the
schedule for completion to December 31, 2015, and be it further
RESOLVED, That the City of Ithaca Common Council hereby amends Capital Project
#768 Ithaca Falls Overlook Investigation & Remediation in an amount not to exceed
$740,000 bringing the total authorized amount not to exceed $1,518,000, and be it
further
RESOLVED, That funds necessary for the said capital project amendment shall be
derived from a General Fund advance with later repayment from the issuance of serial
bonds and ERP Grant funds.
Community Development Director Bohn explained that the funds will assist the city to
remediate contamination and where the funding sources are coming from. He stated
that Phase I has been completed; and the work above will begin this spring; with site
being completed cleaned up for future use at that time.
City Attorney Lavine stated that he was excited to share with Common Council that an
unexpected funding source of $18,000 had been discovered from a forgotten escrow
account which was formed as part of the real estate transaction that put some of this
land into the city's position. That money should be able to be used for the City’s
matching funding requirement.
Discussion followed on the floor regarding why bonds would be used to pay for this
project, and how the city would be reimbursed accordingly.
A Vote on the Resolution Resulted as Follows
Carried Unanimously
11.6 City Controller's Report:
City Controller Thayer reported on the following activities:
The year is over, but final 2013 activity will continue for the next two months and then all
the necessary accounting adjustments will be done. So not sure exactly where we will
end up as it is early. Early estimates reflect a deficit, but we have many more final
journal entries to complete. Our budget called for just under a $300,000 fund balance
appropriation.
Our office is working to finish up the 2012 audit. The auditors are coming back in to
finish their field work. We have been working on capital fund accounting changes that
are almost complete which will improve our financial reporting timeliness.
Insurance activity remains high. This includes all types of insurance from Workers
compensation to liability insurance. This increased activity is leading to settlement
costs and higher premiums. Although more difficult than normal, we did obtain all
necessary insurance coverage for 2014. The market continues to trend upward at the
current time. Our Dams are another area of concern for the insurance carriers. As part
Common Council Meeting Minutes January 8, 2014
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of the Water Treatment Plant work we are doing some improvements to our dams. This
is just another additional pressure on the City’s budget.
Snow Removal/Flooding costs. We have spent 31% more on snow removal costs from
2013 to 2012. Flooding costs have started to come in for labor, equipment rental and
supplies.
2013 activity:
2013 sales tax collections continue to fluctuate. We still have two 2013 collections
remaining, next week and at the end of the month. Collections started out strong, then
decreased for a bit and recently have been steady. We currently are 2.1% over 2012
collections. Unless our last two payments are much higher or lower than anticipated,
we will come in under budget by approximately $89,000. Our 2013 budget was
$12,940,806. This is one of the more difficult numbers to estimate. The out of county
sales collection remains higher than inside the City. Our estimate for 2014 was more
conservative. We budgeted $13,123,000 for 2014. If estimates for 2013 come in as
expected we should look for a 2.1% increase, about what we saw this year.
Overtime: Our 2013 General Fund Overtime budget is $960,747. To-date we have
expended $983,000. We still have one payroll to post; we will be right around last
year’s amount. We expended $1,007,334 in overtime in 2012. After many years of
being under budgeted in overtime, our 2014 overtime amount should be solid. We have
been making small annual budget increases in overtime, while at the same time also
making operational changes to reduce the OT costs. Police OT budgeted at $520,000
expended $521,000 in 2013. Fire OT budgeted $370,000 for 2013, spent $366,000.
Building Permit revenue: We had an aggressive $819,000 building permit revenue
amount for 2013. We look to be around the $650,000 collection mark. This would be
$169,000 under budget. This number was developed a bit aggressive with a few
projects not coming to reality in 2013 as originally thought. This estimate is always
another difficult number to develop with many variables coming into play. We are
hopeful some of the projects that have been delayed are only delayed and not stopped.
Our 2014 number, $700,000, is still aggressive, but not quite as much as 2013. We
collected $890,000 in Building permit revenue in 2012. In addition, we had a site
development budget for 2013 at $75,000. We have collected $85,000. In 2012 we
collected $115,000 in site development fees. Well above our $20,000 normal year
budget. These increases will help offset some of the higher costs we have.
Parking: of our $2,059,000 parking revenue budget we have collected $1,904,000. We
have the final adjustments yet to make, but we will be under budget. We continue to
examine all aspects of our parking operations looking for improvements to controls,
collections and cost effectiveness. Changes include more automation in the city
garages and improved collection during the hours we charge. Many of these changes
have just been implemented and have already reflected in higher revenue collections.
We will expect cost efficiencies and revenue enhancements as a result of the new
Director of Parking position. The Seneca Street Parking Garage will continue to see
construction over the next three years as we maintain the garage which will allow us to
operate it for the next 20 years. This will result in some reduced revenue collections.
Lastly, I want to thank members of my staff, the Chamberlains office and the HR office
for picking up the payroll function while our payroll coordinator has been out ill. It hasn’t
been easy at times, but we continue to make it all work. It truly has been a team effort.
We continue to hope to have our staff member back working within the next two
months.
12. REPORTS OF SPECIAL COMMITTEES:
There were no reports from special committees.
13. NEW BUSINESS:
There was no new business to discuss
14. INDIVIDUAL MEMBER FILED RESOLUTION:
There were no individual member-filed resolutions on the agenda.
Common Council Meeting Minutes January 8, 2014
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15. MAYOR'S APPOINTMENTS:
15.1 Appointment of Director and Alternate Director for the Board of Directors of
The Tompkins County Health Consortium - Resolution
By Alderperson Brock: Seconded by Alderperson Smith
WHEREAS, in 2007, the County, on behalf of Tompkins County Council of
Governments, accepted an incentive grant award under the New York State Shared
Municipal Services Program, and
WHEREAS, the grant assisted the municipalities in Tompkins County to create a local
health- insurance consortium with the intent to provide a net savings to the taxpayers of
Tompkins County, and
WHEREAS, the City of Ithaca joined the Greater Tompkins County Health Insurance
Consortium via resolution dated July 1, 2009, and
WHEREAS, the resolution includes the provision for this municipality to enter into an
inter-municipal agreement that outlines duties of the Board of Directors, which is
charged with the operation of the consortium, and
WHEREAS, each participating municipality must appoint a Director to the Board of
Directors who can vote on behalf of the municipality, now therefore be it
RESOLVED, That the Common Council of the City of Ithaca hereby appoints City
Controller Steven Thayer to serve as this municipality’s voting Director of the Board of
Directors, and appoints Assistant City Attorney Jared Pittman to serve as an alternate
who can vote in the absence of the Director, and be it further
15.2 Appointment of City Representative to the Business Improvement
District/Downtown Ithaca Alliance Board – Resolution
RESOLVED, That Alderperson Joseph Murtagh be reappointed to the Business
Improvement District/Downtown Ithaca Alliance Board with a term to expire December
31, 2014, and be it further
15.3 Appointment to Tompkins County Council of Governments (TCCOG) -
Resolution
WHEREAS, the Tompkins County Intermunicipal Steering Committee has been meeting
to discuss ways the local governments could work together to reduce costs to the
residents; and
WHEREAS, the Committee has learned that other Counties have created a Council of
Governments made up of local government officials; and
WHEREAS, the Tompkins County Council of Governments is intended to be an
association of local governments organized to provide a forum for discussion, study,
and negotiation leading to agreements for more efficient, improved, or more cost
effective delivery of government services; and
WHEREAS, the City of Ithaca desires to be a member of the Tompkins County Council
of Governments; now, therefore, be it
RESOLVED, That Mayor Svante L. Myrick is hereby approved as the voting member for
the City of Ithaca of the Tompkins County Council of Governments; and be it further
RESOLVED, That Alderperson J.R. Clairborne is appointed as the alternate voting
member, and be it further
15.4 Reappointment to Conservation Advisory Council – Resolution
RESOLVED, That Maureen J. Bolton be reappointed to the Conservation Advisory
Council with a term to expire December 31, 2017.
Carried Unanimously
Common Council Meeting Minutes January 8, 2014
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16. REPORTS OF COMMON COUNCIL LIAISONS:
16.1 Board of Public Works:
Alderperson Fleming reported that the Board of Public Works would be discussing the
proposed new food truck policy at their January 13, 2014 meeting.
A brief discussion followed on the floor regarding the unexpected controversy this
proposal has created between vendors, restaurant owners, and members of the
community. It was noted that once the Board of Public Works makes a decision on the
proposal that it does not need to come to Common Council for further approval.
Therefore, everyone that is interested in this proposal and has input should make sure
to bring it to the attention of the Board as soon as they can.
16.2 Community Police Board:
Alderperson Kerslick reported that the two members of the Board resigned recently
leaving two vacancies, which is unfortunate because they had been functioning very
highly with a full board. If anyone is interested in serving on the Community Police
Board he would love to have them contact him.
16.3 Cable Access Oversight Committee:
Alderperson Clairborne reported that the City’s current franchise agreement with Time
Warner Cable is currently being negotiated. He stated that City Attorney Lavine has
taken the lead on the negotiations along with another member of an intermunicipal
agency. He further noted that City Attorney Lavine was complimented on his work with
the negotiations at their last meeting. He reported that letters would go out in the near
future to different municipalities within the Pegasys system (Village of Cayuga Heights,
City of Ithaca, Town of Ithaca, and the Ithaca City School District) to invite them to look
to Pegasys for their public programming needs.
16.4 Natural Areas Commission:
Alderperson Martell reported that she attended the January 7th NAC meeting and it was
brought to her attention that the NAC developed guidelines to protect the natural areas
from any work being done in them, which is not really be followed by anyone. She
wondered, since she is so new to Council, who she would notify of their concern. It was
suggested that she bring it to the attention of the DPW staff members, and the Board of
Public Works to remind them of the guidelines. Alderperson Murtagh suggested that it
brought to the attention of the Planning and Economic Development Committee as well.
16.5 Other:
Alderperson Brock reported that she and Alderperson McGonigal attended a recent
South Hill Civic Association meeting and the hot topic currently is wood smoke. She
reported that Cooperative Extension is offering a course on the proper use of wood
stoves to minimize the negative effects of wood stove emissions. She encouraged
anyone interested in attending to contact them directly.
17. REPORT OF CITY CLERK:
Information Management Specialist Myers read for the record, the following
announcement from the Ithaca Urban Renewal Agency:
Public Hearing Announcement
2014 Community Development
Block Grant
Home Investment Partnership Program
Neighborhood Housing Initiative
****Please announce the following at January 8, 2014 Common Council meeting:
On behalf of the City of Ithaca, the Ithaca Urban Renewal Agency is announcing the beginning of the
2014 Entitlement and NHI Grant round. Projects to be funded through the 2014 Community Development
Block Grant (CDBG), Home Investment Partnerships (HOME) Program, and Neighborhood Housing
Initiative (NHI) will be selected through this process. Approximately $593,000 in CDBG, $422,000 in
HOME, and $590,000 in NHI funds are expected to be available. All funded CDBG and HOME projects
must meet HUD National Objectives and primarily benefit the City’s low-income residents.
Application materials and more information can be found on the IURA web site at www.ithacaura.org .
Applications are due at noon on February 28, 2014.
Common Council Meeting Minutes January 8, 2014
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The first of two public hearings for the grant is now scheduled for March 20, 2014 at 8:30 a.m. in
Common Council Chambers. The entire schedule of public meetings can be found on the Ithaca Urban
Renewal Agency web page.
For more information, please contact:
Ithaca Urban Renewal Agency
108 East Green Street, 3rd floor
Ithaca, NY 14850-5690
Phone (607) 274-6547
E-mail: nelsb@cityofithaca.org
18. REPORT OF CITY ATTORNEY:
City Attorney Lavine reported that the City reached a settlement on the Crawford
lawsuit. The City’s insurer paid on behalf of the City $45,000 to Ms. Crawford. Both he
and the Mayor are very pleased to settle this case to the mutual agreement of both
parties. He further reported that his office is in the final stage of preparing statements in
the Ginsburg litigation case for the courts. He looks forward to the Court’s evaluation,
which if it is in the City’s favor will conclude its role in the matter.
19. APPROVAL OF MINUTES:
19.1 Approval of the November 6, 2013 Common Council Meeting Minutes –
Resolution
By Alderperson McCollister: Seconded by Alderperson Smith
RESOLVED, That the minutes of the November 6, 2013 Common Council Meeting be
approved with noted corrections, and be it further
19.2 Approval of the November 12, 2013 Special Common Council Meeting
Minutes – Resolution
RESOLVED, That the minutes of the November 12, 2013 Special Common Council
Meeting be approved with noted corrections, and be it further
19.3 Approval of the December 4, 2013 Common Council Meeting Minutes –
Resolution
RESOLVED, That the minutes of the December 4, 2013 Common Council Meeting be
approved with noted corrections, and be it further
19.4 Approval of the December 31, 2013 Special Common Council Meeting
Minutes – Resolution
RESOLVED, That the minutes of the December 31, 2013 Special Common Council
Meeting be approved with noted corrections
Carried Unanimously
20. ADJOURNMENT:
On a motion the meeting adjourned at 8:01 p.m.
______________________________ _______________________________
Sarah L. Myers Deborah Mohlenhoff,
Information Management Specialist Acting Mayor