HomeMy WebLinkAboutMN-CC-2013-05-01COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 6:00 p.m. May 1, 2013
PRESENT:
Mayor Myrick
Alderpersons (9) Brock, Dotson, Murtagh, Clairborne, McCollister, Fleming, Kerslick,
Proulx, Mohlenhoff
OTHERS PRESENT:
City Clerk – Conley Holcomb
City Attorney – Lavine
City Controller – Thayer
EXCUSED:
Alderperson Smith
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 Proulx requested the addition of Item 9.4 Authorization for Home Rule
Request and Settlement Agreement Regarding Conversion of Firefighter James
Crowley’s Retirement Plan with the State of New York to the § 384-d Plan – Resolution
and Item 9.5 Brief Update on 2014 Budget priority setting meetings.
No Common Council member objected.
PROCLAMATIONS/AWARDS:
Mayor Myrick proclaimed May 17, 2013 “Great Ithaca Write-In Day” in the City of Ithaca.
Tompkins County Historian, Carol Kammen, explained that the City of Ithaca celebrated
its centennial anniversary in 1988 and one of the event activities was to ask Ithacans to
submit a short essay about what life was like in Ithaca on May 17, 1988 for future
generations to enjoy. The essays were compiled into a book “One Day in Ithaca”. This
year is the 25th anniversary of that event and a small community committee is
coordinating a commemorative One Day write-in event on May 17, 2013 inviting each
citizen who lives, works, went to school, or spent time here to write an account of his or
her day, a memoir, a biography, or an explanation of his or her relationship with this
community to be placed in the Community Archive. She encouraged everyone to
participate in this historical event.
SPECIAL ORDER OF BUSINESS:
4.1 A Public Hearing to consider repealing a portion of the City of Ithaca
Municipal Code Chapter 325-20 entitled “Off-Street Parking”.
Resolution to Open Public Hearing:
By Alderperson Kerslick: Seconded by Alderperson Dotson
RESOLVED, That the Public Hearing to consider repealing a portion of the City of
Ithaca Municipal Code Chapter 325-20 entitled “Off-Street Parking” be declared open.
Carried Unanimously (9-0)
No one appeared to address Common Council.
Resolution to Close Public Hearing:
By Alderperson Kerslick: Seconded by Alderperson Dotson
RESOLVED, That the Public Hearing to consider repealing a portion of the City of
Ithaca Municipal Code Chapter 325-20 entitled “Off-Street Parking” be declared closed.
Carried Unanimously (9-0)
SPECIAL PRESENTATIONS BEFORE COUNCIL:
5.1 Update from Conservation Advisory Council by Chair Rima Shamieh –
including CAC Strategic Plan and CAC Annual Report
Ms. Shamieh shared the Conservation Advisory Council’s Strategic Plan and its SWOT
Analysis (strengths, weaknesses, opportunities, threats). She provided a review of the
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CAC’s activities to date, and asked for direction as to how the CAC can provide support
and input into work happening throughout the City. She noted that the language in the
City Code as it relates to the Conservation Advisory Council and its work is outdated
and needs to be reviewed and revised. She invited Common Council members to
forward any questions or concerns about the work of the CAC to her.
Alderperson Dotson stated that she is impressed with the work the CAC has been doing
and that they have been very effective.
5.2 Update from Board of Fire Commissioners:
Board of Fire Commissioner, George McGonigal, updated Common Council on the
following items:
A new volunteer handbook is being developed. The Board currently has 2
applications to serve in the volunteer fire company – one for fire police and one
for a fire fighter.
New radios are being distributed to the fire police unit
Commissioner Baker has resigned from the Board and his replacement is being
considered for appointment at tonight’s meeting (Robert Sparks).
The Fire Department would like to sponsor two young women from Ithaca to
attend the Phoenix Fire Camp for Women at the fire academy in Utica. The Fire
Department would cover the application fee for the successful candidates.
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
The following people addressed Common Council in opposition to the replacement of
Mr. Gino Bush on the Community Police Board:
Neil Oolie Aislyn Cogan
Verna & Ru Mario Martone
James Ricks Bonnie Williams
Clare Grady Paula Ioanide
Greg Rothman Daniel Shedd
Leslie Shultz Macresey
Fay Gougakis, City of Ithaca, invited everyone to attend the St. Catherine’s Greek
Orthodox Church “Taste of Greece” event scheduled on May 11th. She further voiced
concern regarding safety and the increase in violent crime in the City of Ithaca and took
exception with statements made by Cornell Police Chief Zoner in a recent article in the
“Cornell Daily Sun.”
Pastor Brower and Andrea Lavine, members of the Community Police Board addressed
Common Council regarding the Community Police Board’s willingness to work with Mr.
Bush and the need for cooperative efforts between the Board and the Police
Department.
PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR:
Mayor Myrick responded to comments made about the proposed replacement of Mr.
Bush on the Community Police Board (CPB). He described the number of conversations
that he participated in during the past 16 months with Mr. Bush and members of the
community and his work to reinvigorate the Community Police Board and to fill the
vacancies on the Board. He noted that Mr. Bush’s term on the CPB expired December
31, 2010 and that he explained to Mr. Bush that he would be replaced once the board
had a full roster of qualified applicants. He explained that it has taken 16 months to find
a slate of individuals that would bring balance to the Community Police Board. He
acknowledged that he has lost friends over this decision, but believes the new
appointment will help to mend the working relationship between the Police Department
and the Community Police Board in a meaningful and productive way.
Mayor Myrick further responded to comments made about increased violent crime in the
City and requested that citizens assist the Police Department in keeping our community
safe by reporting information and assisting with investigations.
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Alderperson Clairborne thanked the speakers for coming to the meeting. He
encouraged community members to attend the upcoming viewings of the
“Understanding to Overcome, Race: The Power of an Illusion” video presentations
being held at Loaves and Fishes beginning May 9th at 7 pm and continuing on the next
two subsequent Thursdays. He also invited everyone to attend the International Youth
Arts & Culture Festival scheduled at Stewart Park on Friday, May 3, 2013 from 12 pm to
7 pm.
Alderperson Murtagh responded to comments made about the replacement of Mr. Bush
on the Community Police Board. He described his experience as a local reporter in
covering the police involved shooting of Shawn Greenwood and also his “ride-along”
with the Ithaca Police Department. He stressed the importance of strong and consistent
leadership in the Ithaca Police Department.
Alderperson Murtagh also encouraged everyone to attend the Taste of Greece event on
Saturday, May 11th from 10 am to 8 pm.
Alderperson Fleming reported that she attended a conference on sustainability recently
and noted that municipalities are all struggling with the same issues including
transportation, green spaces, energy, density and other related issues.
Alderperson Proulx stated that he found the comments made by Cornell Police
Department Chief Zoner in the Cornell Daily Sun troubling, noting that Cornell University
and the City of Ithaca are not separate and what impacts one, impacts the other –
especially in terms of safety.
Mayor Myrick reported that he was in Washington, D.C. last week and met with
Senators Gillibrand and Schumer and together they worked to keep the Tompkins
County Airport Traffic Tower open. He further reported that the City has submitted a
grant application to the EPA for a Brownfield clean-up grant for the Ithaca Gun site in
the amount of $200,000. He also lobbied for funding for the rebuilding of the City’s
water plant but noted that it will be a difficult process as it is extremely competitive due
to Federal regulation requirements.
Upon request by Common Council, the agenda was rearranged so they could consider
the Mayor’s appointments while the audience was still present.
MAYOR’S APPOINTMENTS:
15.1 Board of Fire Commissioners – Resolution
By Alderperson Clairborne: Seconded by Alderperson McCollister
RESOLVED, That Robert Sparks be appointed to the Board of Fire Commissioners to
replace Lyman Baker with a term to expire June 30, 2014.
Carried Unanimously (9-0)
15.2 Community Police Board – Resolution
By Alderperson Kerslick: Seconded by Alderperson Mohlenhoff
RESOLVED, That Johnny L. Wright be appointed to the Community Police Board to
replace Gino Bush with a term to expire December 31, 2013.
Alderperson Kerslick, Liaison to the Community Police Board, explained that through
the recent appointments a working, functional, board has emerged. He noted that it’s
not the Community Police Board’s responsibility to reform the Ithaca Police Department.
The Board is a community liaison for reconciling/mediating issues between members of
the public and the police department. He stated that all boards have a natural turn-over
and people are replaced all the time. He suggested that perhaps a separate group be
formed to address issues brought up tonight between the public and the police
department.
Alderperson Dotson stated that it is important to respect the protocol of the room and
work toward solutions to move this issue further. She thanked the speakers for
expressing their feelings, including anger, but noted that it is important to move forward
to find solutions. She stated that any reform of the police department needs to happen
by leadership, and that everyone is considering these issues seriously, especially
racism.
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Alderperson Brock stated that she appreciates everyone participating in tonight’s
meeting. She noted that the Community Police Board is not simply advisory as it
receives and investigates complaints and works with the Ithaca Police Department to
resolve them. It is a liaison to the community, and it is important to have members of
the community comfortable with both entities. She stated that things are going well now,
and there is no need for change.
Alderperson Clairborne stated that he feels very conflicted related to the authority of the
Mayor versus the authority of Common Council. He noted that he served as the
Common Council liaison to the Community Police Board and has also worked as a
government reporter. He feels that Common Council should review the authority of the
Community Police Board including making recommendations on reform of the police
department. He said that it is difficult to remove someone from a board who wants to
continue serving. He voiced his respect for both men, stating that he does not
appreciate the situation that Common Council members now find themselves in. He
stated that he would abstain from voting on this resolution. City Attorney Lavine
explained that he could not abstain from a vote except for a reason of conflict of
interest, which is outlined in Common Council’s rules of procedures. Alderperson
Clairborne responded that he was disturbed by that information as many Common
Council members have abstained in the past for reasons other than a conflict of interest.
Alderperson Proulx reported that the method of appointments to boards and committees
is being discussed by the Government Performance and Accountability Committee. He
stated that he was just informed of the background information regarding this situation
and finds it very difficult to make this decision with such a short period of notification, so
he will vote no on the Resolution.
Alderperson Dotson stated that she respects the very hard work that the Mayor has
made in making changes to this Board; however, she is not ready to vote on this item
tonight but might be ready next month.
Motion to Table:
By Alderperson Dotson: Seconded by Alderperson Clairborne
RESOLVED, That the resolution to appoint Johnny Wright to the Community Police
Board to replace Gino Bush with a term to expire December 31, 2013 be tabled.
Alderperson Murtagh stated that he finds it difficult to make this decision on such short
notice and would like to learn more about the new candidate too. He supports tabling
the resolution.
Alderperson McCollister stated that she supports tabling the resolution; however, she
noted that it is very common for waves of appointments to be made to various boards
and committees to replace people who want to continue to serve. She would have
supported the new nomination tonight as well. She stated that people should realize
how wonderful it is that so many people want to volunteer and serve their community in
this way. She further stated that there are many opportunities for people to serve their
community on a variety of boards and committees, and encouraged everyone to
consider that going forward.
Alderperson Kerslick stated that he supports tabling the resolution in order for Common
Council members to learn more about the Community Police Board.
Alderperson Clairborne stated that he would take this opportunity to talk with the police
chief and staff as well as members of the Community Police Board so that he can make
an informed decision.
Alderperson Fleming voiced concern that by tabling this resolution, everything that
occurred at tonight’s meeting would be repeated next month. She reassured the
audience that everyone who participated in tonight’s discussion has been heard.
Mayor Myrick reaffirmed that he would “walk through fire” in order to support the Ithaca
Police Department and internal reforms that need to be made including changes to the
Community Police Board.
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15.3 Planning and Development Board – Resolution
By Alderperson McCollister: Seconded by Alderperson Proulx
RESOLVED, That Isabel Fernandez be appointed to the Planning and Development
Board to replace Noah Demarest with a term to expire December 31, 2015.
Alderperson Brock stated that she will vote against this appointment as the
resume/application form was not completed by the applicant with information as to why
they are interested in serving on the board and their relevant experience, etc.
A vote on the Resolution resulted as follows:
Ayes (8) Dotson, Clairborne, Murtagh, McCollister, Fleming, Kerslick,
Mohlenhoff, Proulx
Nays (1) Brock
Abstentions (0)
Carried (8-1)
CONSENT AGENDA ITEMS:
City Clerk’s Office:
8.1 Simeon’s Alcohol Permit Request – Resolution
By Alderperson McCollister: Seconded by Alderperson Kerslick
WHEREAS, since 1987 the City of Ithaca has issued a license to Simeon's Restaurant
allowing that restaurant to utilize certain areas along Aurora Street and on the Ithaca
Commons for outdoor dining, and
WHEREAS, this use of public property has generally been deemed proper and successful,
and
WHEREAS, the City of Ithaca wishes to promote diverse uses of the Ithaca 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 Ithaca Commons, and
WHEREAS, Common Council has determined that the use of this public property for
outdoor dining at Simeon's 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 2013, Common Council hereby approves a revocable Alcoholic
Beverage Permit for the outdoor sale and consumption of alcohol for Simeon's Restaurant
that includes the sale of alcohol in accordance with the terms and conditions set forth in
the application therefore, including minimum Dram Shop coverage in the amount of
$1,000,000 and the approval of an outdoor dining permit.
Carried Unanimously (9-0)
City Administration Committee
8.2 Request to Standardize Main Coagulant Until a Year After the Completion
of the New Water Treatment Plant - Resolution
By Alderperson McCollister: Seconded by Alderperson Kerslick
WHEREAS, this Common Council has been requested by the DPW Water and Sewer
Division Water Treatment Plant to standardize the main coagulant used at the WTP in
the water treatment process until the new Water Treatment Plant is constructed and
online for a period of one year, and
WHEREAS, the new WTP will be constructed in the same footprint as the old WTP,
thus the new plant will be simultaneously constructed as the old plant is deconstructed,
and Staff will have substantial additional workload in the coordination and continued
operation of the remaining old processes, the set up of temporary bridging processes,
and the startup of new processes, and
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\WHEREAS, WTP Staff is familiar with the coagulant we currently use at the plant and
know how it performs, what feed rates and concentrations to use as conditions change
under seasonal and daily variations in weather and water quality, and
WHEREAS, changing the primary coagulant will result in substantial additional Staff
workload in the learning, testing, and optimization of a new coagulants performance
characteristics under many different seasonal and daily conditions, and
WHEREAS, it is deemed to be in the best interest of the City for reasons of efficiency,
compatibility and economics to approve standardization of the primary coagulant used
at the WTP to Polyaluminum Chloride as manufactured by Holland Company (PCH180)
and authorize the City to purchase approved coagulant from the manufacturer, or a
representative thereof until the new WTP is constructed and operational for a one year
period, now, therefore be it
RESOLVED, That pursuant to Section 103, subdivision 5 of General Municipal Law of
the State of New York, this Common Council hereby authorizes the standardization to,
and purchase and use of Polyaluminum Chloride as manufactured by Holland Company
(PCH180) for the City of Ithaca Department of Public Works Water & Sewer Division
Water Treatment Plant until the new Water Treatment Plant is commissioned and has
been operational for a one year period.
Carried Unanimously (9-0)
8.3 Request to Amend 2013 Greater Ithaca Activities Center (GIAC) Budget –
Youth Program - Resolution
By Alderperson McCollister: Seconded by Alderperson Kerslick
WHEREAS, GIAC staff has been working to align program needs with their expenses in
order to maintain the participant numbers in the youth after school program and summer
camp, and
WHEREAS, as a New York State Office of Children and Family Services (OCFS)
licensed school-aged child care facility it is essential that GIAC maintains the correct
staff to participant ratio as dictated by the OCFS regulations, and
WHEREAS, the Tompkins County Department of Social Services (DSS) pays for many
of the participants to attend GIAC’s program, and
WHEREAS, DSS has changed its payment systems resulting in a dramatic increase in
the amount of payments GIAC received for after school program fees from September
2012 through February 2013, totaling $40,903, and
WHEREAS, GIAC needs to hire part-time/seasonal staff for the afterschool program
and summer camp in the amount of $35,253, and
WHEREAS, GIAC also needs to increase the Youth Program supplies budget to cover
other related costs, by $8250, with the funds for this increase coming from fees that will
be collected for the 2013 summer camp; now, therefore, be it
RESOLVED, That Common Council hereby amends the 2013 GIAC Youth Program
budget as follows:
Increase Revenue Account:
A7311-2001-01101 Youth Program – Parks and Recreation $43,485
Increase Expenses:
A7311-5120-01101 Hourly Part-Time $35,235
A7311-5460-01101 Program Supplies 8,250
A7311-9030 FICA/Medicare 2,695
A7311-9040 Workers’ Compensation 1,762
Total $43,485
Carried Unanimously (9-0)
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CITY ADMINISTRATION COMMITTEE:
9.1 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 Proulx: Seconded by Alderperson Dotson
WHEREAS, the federal Safe Routes to School (SRTS) Program was created in 2005 on
passage of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A
Legacy for Users (SAFETEA-LU), now in its second round of funding in New York, and
WHEREAS, the City of Ithaca (the “City”) partnered with the Ithaca City School District
to develop a SRTS application and, with the authorization of Common Council,
submitted said application to the New York State Department of Transportation
(administrators of federal SRTS Program funding in NY) and was subsequently
awarded the requested amount of $297,950, and
WHEREAS, a project for “Traffic Calming Improvements near Beverly J. Martin
Elementary, Fall Creek Elementary and Boynton Middle Schools” (locally referred to as
the “Ithaca Safe Routes to School Project”), P.I.N. 375564 (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 100% federal funds and 0% 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,
Construction, Construction Inspection, and Non-Infrastructure Activities, and
WHEREAS, the Project consists of Type II Actions, which are not subject to further
environmental review, and Unlisted Actions which were reviewed by the Board of Public
Works on June 25, 2012 and determined to have no significant negative environmental
impacts under the New York State Environmental Quality Review Act and the City of
Ithaca Environmental Quality Review Ordinance; 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, Construction, Construction Inspections and Non-Infrastructure
Activities work for the Project or portions thereof, and be it further
RESOLVED, That the sum of $297,950 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 # 786, Ithaca Safe
Routes to School Project, to include the Project costs of $297,950, 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 appropriate said excess amount immediately upon the notification by the
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, 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 0% of said portion, currently estimated
May 1, 2013
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at $0 of the $297,950 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 (9-0)
9.2 Request to Amend Capital Project 737 - Repairs to Central Fire Station -
Resolution
By Alderperson Proulx: Seconded by Alderperson Kerslick
WHEREAS, Common Council established Capital Project 737 for repairs to the Central
Fire Station in the amount of $275,000, and
WHEREAS, at this time, CP 737 has a balance of $96,338, and
WHEREAS, bids were received on April 8, 2013 for the Central Fire Station HVAC
System Upgrades, and
WHEREAS, Climate Control Technologies is the apparent low bidder with a bid of
$108,890 for construction only, and
WHEREAS, award of the contract to Climate Control Technologies will require a total
project budget, including all project costs, of $160,000, and
WHEREAS, the Board of Public Works approved the project at a recent meeting; now,
therefore be it
RESOLVED, That Common Council hereby recommends that Capital Project #737 be
amended by an amount not to exceed $63,662 for a total project authorization of
$338,662, and be it further
RESOLVED, That the funds necessary for said amendment be advanced from General
Fund with later repayment by the issuance of serial bonds.
Carried Unanimously (9-0)
9.3 Authorization of Redemption of Tax Foreclosure Properties - Resolution
By Alderperson Proulx: Seconded by Alderperson Brock
WHEREAS, the City of Ithaca enforces taxes by foreclosure of its liens, pursuant to
New York State Real Property tax law, and
WHEREAS, there may be a period of time between the final redemption date according
to the foreclosure petition and the final judgment awarding the property to the city,
during which the property is owned by the taxpayer; now, therefore, be it
RESOLVED, That at the expiration of the redemption period, the City Chamberlain shall
add $500 or 10% of the taxes, whichever is greater, to the amount of the delinquent tax
liens, as a fee to cover the costs associated with proceeding with the foreclosure
process, and be it further
RESOLVED, That the City Chamberlain is authorized to allow redemption of the
property between the final redemption date and the filing of the judgment papers either
upon payment of the full amount of the taxes, penalties, fees, and interest as required
by law, or by payment of the appropriate down payment and execution of an installment
agreement for the amount of the taxes, penalties, fees and interest as required by law,
and be it further
RESOLVED, That the City Chamberlain shall not allow redemption of the property nor
enter into an installment agreement for the payment of affected delinquent tax liens after
the final judgment papers awarding title of the property to the City have been filed with
the Court.
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City Attorney Lavine explained the process that is in place and advised Common
Council to not consider this as a temporary measure.
A vote on the Resolution resulted as follows:
Carried Unanimously (9-0)
9.4 Authorization for Home Rule Request and Settlement Agreement Regarding
Conversion of Firefighter James Crowley’s Retirement Plan with the State of New
York to the § 384-d Plan - Resolution
By Alderperson Proulx: Seconded by Alderperson Clairborne
WHEREAS, Firefighter James Crowley has served the City as a professional Firefighter
in excess of 20 years; and
WHEREAS, pursuant to New York State Retirement and Social Security Law § 384-d,
the State offered an optional twenty (20) year retirement plan for firefighters who choose
to enroll in said plan, and
WHEREAS, upon commencement of Firefighter Crowley’s employment in March 1989,
the paperwork that enrolled him in a retirement plan was filed with the State in a manner
that did not enroll him in the § 384-d Plan; and
WHEREAS, Conversion of Firefighter Crowley’s retirement plan to the § 384-d Plan
would permit him to retire this year, to the mutual benefit of Firefighter Crowley and the
City; and
WHEREAS, Conversion of Firefighter Crowley’s retirement plan to the § 384-d Plan can
only be achieved via special legislation enacted by the State after issuance of a Home
Rule request by the City; and
WHEREAS, the fiscal implications of said conversion, special legislation, and home rule
request will result in the State billing the City in an amount estimated at $99,500, and
not to exceed $125,000; and
WHEREAS, subject to approval of the Common Council, Firefighter Crowley, the Ithaca
Professional Firefighters Association (IPFFA), and the City have negotiated a mutually-
satisfactory cost-sharing for Firefighter Crowley’s enrollment conversion into the § 384-d
retirement plan, as reflected in a Settlement Agreement dated February 1, 2013, to date
signed by Firefighter Crowley and the IPFFA but not by the City; and
WHEREAS, said Settlement Agreement specifies that—upon State legislative
enactment effectuating Firefighter Crowley’s retirement conversion—Firefighter Crowley
will relinquish to the City $78,640 in accrued time and will thereafter retire within 60
days of the City sending him notice of the retirement conversion; and
WHEREAS, said Settlement Agreement would therefore leave the City to absorb an
estimated $20,860 of the expense of said conversion; AND
WHEREAS, the Common Council believes that it would be in the best interest of the
City to request the New York State Legislature to adopt such home rule legislation; now,
therefore, be it
RESOLVED, As follows:
1. The Mayor is hereby authorized to request the New York State Assembly
and New York State Senate to enact legislation to allow Firefighter James
M. Crowley conversion of his Retirement Plan to the § 384-d Plan under
the Retirement and Social Security Law in order to enable Firefighter
Crowley’s prompt retirement this year; and
2. The Mayor or his designee is hereby authorized to execute and to submit
any documentation or related paperwork that may be required to
implement Firefighter Crowley’s retirement conversion to the § 384-d Plan;
Carried Unanimously (9-0)
May 1, 2013
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9.5 Brief Update on 2014 Budget priority setting meetings.
Alderperson Proulx reported that City Administration Committee members have met with
all department heads to hear about their 2014 budget needs. He has also received 8 out of
10 Common Council responses to the questionnaire he distributed. He stated that
Alderpersons Brock and Fleming have agreed to take the lead in assembling the
information collected and consolidate the Common Council and Department Head
priorities.
9.6 City Controller’s Report:
City Controller Thayer reported to Common Council on the following items:
The 2011 audit is complete. Auditors will be here in July for the 2012 audit
Work on 2014 budget has begun; the work load for Controller’s office will be
intense in the coming months.
Differences in understandings have been encountered between the consultant
hired by the health consortium to negotiate with the third party drug administrator –
and the members of the consortium. Negotiations with the drug company
continue.
The NYS Budget has been approved: AIM funding will remain the same, CHIPS
funding has increased; there will be no cap on binding arbitration; a pension
stabilization program has been created. After reviewing the details, the Controller
will probably recommend to not opt in.
There is an explosion of development occurring; the increased revenues are good,
but it is placing a greater demand on staff and infrastructure as a result.
PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE:
10.1 Cascadilla Boathouse Grant – Resolution
By Alderperson Murtagh: Seconded by Alderperson McCollister
WHEREAS, Julie Conley Holcomb, duly qualified and Clerk of the City of Ithaca, New
York, does hereby certify that the following resolution was adopted at the regular
meeting of the Common Council held on May 1, 2013, and is on file and of record, and
that said resolution has not been altered, amended, or revoked and is in full force and
effect, now therefore be it
RESOLVED, That Lynn C. Truame, as Historic Preservation Planner of the City of
Ithaca, is hereby authorized and directed to file an application for funds from the New
York State Office of Parks, Recreation and Historic Preservation in accordance with the
provisions of Title 9 of the Environmental Protection Act of 1993 or the Federal Land
and Water Conservation Fund Act of 1965, in an amount not to exceed $75,290, and
upon approval of said request to enter into and execute a project agreement with the
State for such financial assistance to the City of Ithaca for improvements to the second
floor of the Cascadilla Boathouse which will allow occupancy of that space by fewer
than fifty users, as further detailed in the grant application, and, if appropriate, a
conservation easement/preservation covenant to the deed of the assisted property.
Carried Unanimously (9-0)
10.2 An Ordinance Amending The City of Ithaca Municipal Code Chapter 325-
20D, Entitled “Off-Street Parking-General Requirements,” in order to repeal
parking maximums in the R1 and R2 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
May 1, 2013
11
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 repeal
amendments to the off street parking ordinance.
Alderperson Dotson stated that she would be voting against all the items related to this
Ordinance due to the level of complication surrounding the history of this issue.
A vote on the Resolution resulted as follows:
Ayes (8) Brock, Clairborne, Murtagh, McCollister, Fleming, Kerslick,
Mohlenhoff, Proulx
Nays (1) Dotson
Abstentions (0)
Carried (8-1)
B. Declaration of Environmental Significance – Resolution
By Alderperson Murtagh: Seconded by Alderperson Kerslick
WHEREAS, on June 6, 2012, the Common Council of the City of Ithaca adopted an
ordinance intended to amend Chapter 325-20 (“Off Street Parking”) of the Municipal
Code for the City, and
WHEREAS, portions of said ordinance, as written and adopted are unenforceable in
their current state; and
WHEREAS, having unenforceable regulations is undesirable and can be avoided by a
repeal of said ordinance, and
WHEREAS, the City of Ithaca is considering an amendment to Chapter 325 of the
Municipal Code in order to repeal the amendments to the off street parking ordinance
regarding the R1 and the R2 zone, that were adopted by the Common Council on June
6, 2012, and
WHEREAS, appropriate environmental review has been conducted, including the
preparation of a Short Environmental Assessment Form (SEAF), dated June 30, 2011,
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 on the Short Environmental
Assessment Form, dated June 30, 2011, 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.
Ayes (8) Brock, Clairborne, Murtagh, McCollister, Fleming, Kerslick,
Mohlenhoff, Proulx
Nays (1) Dotson
Abstentions (0)
Carried
May 1, 2013
12
C. An Ordinance to Amend The City of Ithaca Municipal Code Chapter 325-
20D, Entitled “Off Street Parking-General Requirements,” in order to repeal
parking maximums in the R1 and R2 districts
By Alderperson Murtagh: Seconded by Alderperson McCollister
WHEREAS, on June 6, 2012, the Common Council of the City of Ithaca adopted an
ordinance intended to amend Chapter 325-20 (“Off Street Parking”) of the Municipal
Code for the City, which included restrictions on the maximum number of parking
spaces allowed in the R1 and R2 zoning district, and
WHEREAS, the adopted amendments to the Off Street Parking Ordinance have created
inconsistencies within the zoning ordinance making it confusing and unenforceable, and
WHEREAS, a subcommittee consisting of City staff and Common Council members
have begun examining the possibility of eliminating minimum parking requirements
citywide, and
WHEREAS, the Common Council has determined that, given the inconsistencies with
the existing ordinance and the fact that a subcommittee will be evaluating minimum
parking requirements citywide, that the adopted ordinance should be repealed and
reverted back to the previous regulations regarding off street parking, until such time as
the subcommittee evaluation is complete, now, therefore
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as
follows:
ORDINANCE 2013-
Section 1:
Chapter 325-20D(3) entitled “Off-Street Parking-General Requirements” of the City of
Ithaca Municipal Code is hereby amended to read as follows:
(3) Maximum n Number of off-street parking spaces permitted in R-1 and R-2 districts
and number required for all other districts.
Section 2:
Chapter 325-20.D(3)(c) is hereby deleted in its entirety
(c) Maximum number of parking spaces in R-1 or R-2 districts. For each building or use
(including parking) on a property within an R-1 or R-2 zoning district, which building or
use is newly established, erected or enlarged after the effective date of this section
(March 6, 1996), the maximum number of off-street parking spaces permitted shall be
two. For buildings that were not newly established, erected or enlarged after March 6,
1996, parking requirements will be determined by review of the property history by the
Building Department.
Use1 Spaces Required2
Adult day-care home or group
adult day-care facility
1 for client use, plus 1 per 2 supervisory staff or
employees not residing on the premises
Dormitory 1 per 4 persons housed
Dwelling unit 1 per 3 bedrooms or sleeping rooms, plus 1 per
2 additional bedrooms or sleeping rooms, plus 1
per additional bedroom or sleeping room in
excess of 5 such rooms
Fraternity, sorority or group
house
1 per 2 persons housed
Rooming or boarding house 1 per 3 sleeping rooms
Auditorium or theater 1 per 5 seats
May 1, 2013
13
Use1 Spaces Required2
Bar, tavern or restaurant 1 per 50 square feet of net floor area of the
assembly space
Bed-and-breakfast home or
bed-and-breakfast inn
1 per guest room1,3
Bowling alley 2 per bowling lane
Church, funeral home or
mortuary
1 per 10 seating spaces
Fitness center or health club 1 per 5 persons allowed as determined by the
maximum occupancy load
Home occupation requiring
special permit
1 space3
Hospital or nursing or
convalescent home
1 per 5 patient beds
Hotel or motel 1 per guest room
Medical or dental office 1 per 250 square feet of net assignable floor
area
Nursery school, child day-
care center or private
elementary or secondary
school
1 per 2 employees plus 1 per 15 pupils enrolled
Office or bank 1 per 250 square feet of net assignable floor
area
Retail store or neighborhood
commercial facility
1 per 500 square feet of net assignable floor
area
Wholesale or industry 1 per 2 employees on maximum work shift
Boat launch 8 per ramp4
Boat storage or repair 1 per 2 employees on maximum shift
Boatel 1 per 2 sleeping rooms
Marina 1 per 4 berths
Yacht club 1 per 4 member families
Human service agencies and
centers
1 per 250 square feet of floor area
NOTES:
1 In the case of mixed use of a building or property, the space requirements
shall be computed for each use, and the total requirements for all uses shall
be provided in accordance with this section.
2 See also the District Regulations Chart Editor's Note: A copy of the District
Regulations Chart is on file in the City Clerk's office. for districts in which off-
street parking is not required.
3 Unless the Zoning Board of Appeals, upon consideration of all relevant
factors, including but not limited to the easy availability of on-street parking or
the expectation that a lesser parking requirement will meet the parking needs
May 1, 2013
14
of the use, determines during consideration of the special permit that a lesser
off-street parking requirement is appropriate and will not have a negative
impact on the surrounding neighborhood.
4 Boat-launching ramps shall maintain 75% of their parking spaces at a size of
10 feet by 40 feet to accommodate boat trailers. Consult the New York State
Parks and Recreation Department on space requirements for maneuvering.
Section 7. The City Planning and Development Board, the City Clerk and the Planning
Department shall amend the zoning map and the district regulations chart in accordance
with the amendments made herewith.
Section 8. 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 9. 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 Dotson stated, for the record, that this law eliminates maximum limits and
reinstates minimum requirements.
Alderperson Murtagh explained that the idea is to repeal this legislation now, and have
a discussion of removing minimum parking regulations city-wide.
Discussion followed on the floor regarding the un-enforceability of the current
legislation, the need for changes, and the amount of staff time this legislation has
consumed.
Alderperson Proulx stated that he is inclined to support the legislation in order to
support staff in creating enforceable laws; however, he is also inclined not to support
the legislation because he doesn’t know what will replace it.
Ayes (8) Brock, Clairborne, Murtagh, McCollister, Fleming, Kerslick,
Mohlenhoff, Proulx
Nays (1) Dotson
Carried (8-1)
GOVERNMENT PERFORMANCE AND ACCOUNTABILITY COMMITTEE
Alderperson Mohlenhoff provided the following update to Common Council:
A future referendum item regarding the consolidation of the Planning and
Building departments will be considered by the committee at the May meeting.
The process of public education regarding the referendum item will also be
discussed.
The next Senior Staff/Common Council retreat session has been scheduled for
May 10th and will focus on how to put the strategic themes into action. There will
also be a discussion regarding the city’s board and committee structure.
NEW BUSINESS:
13.1 Authorization of Revocable License for Congo Square Market – Resolution
By Alderperson Dotson: Seconded by Alderperson Clairborne
WHEREAS, the Congo Square Market has been operating a weekly, outdoor market for
local vendors on City-owned parkland immediately north of the Southside Community
Center, on South Plain Street, since 2009, and
WHEREAS, the current sponsor of the Congo Square Market, the Southside
Community Center Inc. (a not-for-profit corporation that leases a City-owned building),
has requested permission to operate the Market at the same location in 2013, on every
Friday evening (4:00 p.m. to 8:00 pm) from June 7, 2013, through September 13, 2013;
and
May 1, 2013
15
WHEREAS, the vendors for the Market are expected to include both small-scale, local
entrepreneurs and City-sponsored youth projects; and
WHEREAS, pursuant to Chapter 170 of the Municipal Code of the City of Ithaca (Use of
City Real Property), such use of City parkland (for an event lasting more than five days
at a time or that occurs more than four times over the course of a year) requires the
approval of Common Council; now therefore be it
RESOLVED, That the Common Council, as it did in 2009, 2010, 2011, and 2012 finds
that the proposed Congo Square Market, as described by its sponsor and as
experienced in operation over the last four years, constitutes a recreation-related use of
the park adjacent to the Southside Community Center, which use, due to its limited
duration (i.e., 4 hours at a time, on 15 occasions over the course of the year) and
occupancy of only a portion of the park, will not significantly compromise the public’s
ability to enjoy the park and in fact could enhance the overall quality of the park’s appeal
and benefit to the public; and be it further
RESOLVED, That Common Council hereby authorizes the Mayor - upon consultation
with the appropriate Department Heads as to form and compliance with all applicable
laws, rules and regulations, and upon receipt of a properly completed application from
the sponsor - to issue a revocable license to the Southside Community Center
permitting such to operate the proposed Congo Square Market in a portion of the City
park adjacent to the Southside Community Center on South Plain Street, for the
requested period of time (between 4:00 p.m. and 8:00 pm, each Friday between
June 7, 2013, through September 13, 2013), and containing the standard terms and
conditions of such a license, with regard to liability insurance coverage, indemnification
of the City, handling of trash and waste, vendor conduct, amplified sound, and other
pertinent matters; and be it further
RESOLVED, That as the City has not yet established a regular fee for such seasonal
use of its parkland, Council hereby sets a fee of $1.00 for each day of operation of the
Congo Square Market, with the total amount due from the sponsor for the requested
number of days being $15.00.
Carried (8-0)
(Alderperson Fleming absent from vote)
INDIVIDUAL MEMBER – FILED RESOLUTIONS:
14.1 Alderperson Smith - Resolution to Select Artwork for a Mural Installation on
the East Wall of the Seneca Street Parking Garage
By Alderperson Murtagh: Seconded by Alderperson Mohlenhoff
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 walls in the City garages on Green Street and Seneca Street, by
resolution on May 19, 2010, and
WHEREAS, local artist Kellie Cox-Brday submitted her proposal for a mural titled
“Rudbeckia hirta – Black Eyed Susan” as part of the PAC’s Mural and Street Art
Program, and
WHEREAS, the PAC discussed Ms. Cox-Brady’s mural proposal at its meeting on
October 24, 2012 and, upon review of the potential mural sites pre-approved by the
Board of Public Works, agreed that the east wall of the Seneca Street Parking Garage
would be an appropriate location for the proposed mural, and
WHEREAS, the PAC held a public comment period on the proposed mural design and
recommended location at its meeting on April 24, 2013 to gather input on the proposed
installation, and
May 1, 2013
16
WHEREAS, PAC members have also sought input from adjacent property owners and
business owners as well as City staff, and the responses to the mural proposal have
been positive, and
WHEREAS, the artist has raised private funding to finance the mural, and the proposed
installation would be budget-neutral to the City, and
WHEREAS, at its meeting on April 24, 2013, the Public Art Commission unanimously
voted to recommend that the Common Council select the “Rudbeckia hirta – Black Eyed
Susan” mural proposal submitted by Kellie Cox-Brady to be installed on the east wall of
the Seneca Street Parking Garage; now, therefore, be it
RESOLVED, That the City of Ithaca Common Council selects the mural “Rudbeckia
hirta – Black Eyed Susan” by Kellie Cox-Brady to be installed on the east wall of the
Seneca Street Parking Garage and to be added to the City of Ithaca’s public art
collection; and be it further
RESOLVED, That the selected artist may proceed with the installation of her mural
upon the execution of an agreement with the City (as reviewed by the City Attorney).
Carried (8-0)
(Alderperson Fleming absent from vote)
REPORTS OF COMMON COUNCIL LIAISONS:
Youth Council – Update:
Alderperson Clairborne reported that the Youth Council Advisory Board has been
reorganized to improve efficiency. Jen Handy, Youth Council Program Leader, will be
leaving soon and will be missed very much. Her replacement will be Marty Schreiber.
Search Committee Updates:
Mayor Myrick reported as follows:
Police Chief: The three finalists are being interviewed by the Mayor; a decision will be
made in the next three to four weeks.
Superintendent of Public Works: The job notice was just published with applications
due sometime in July/August.
Youth Bureau Director: Interviews will begin in June.
Parking Director: The search committee has reviewed applications and is selecting
candidates to interview. The Acting Superintendent of Public Works will be the person
to make the final hiring decision.
Chief of Staff: This position is unfunded until July. Advertising for the position will
begin at the end of May.
Other Updates:
Alderperson Dotson announced that the “Streets Alive!” event will be held in May and
September this year.
Alderperson Kerslick announced that he would not be at the June meeting.
REPORT OF CITY ATTORNEY:
Alderperson Clairborne asked for clarification regarding the City Attorney’s ruling that he
could not abstain from voting on the resolution to appoint Johnny Wright to the
Community Police Board due to the lack of a conflict of interest. He questioned what
rules Council members are supposed to follow – the City Charter versus the Common
Council Rules of Procedures. City Attorney Lavine responded that the Common
Council Rules of Procedure stand unless they are suspended and are independent of
the City Charter.
Alderperson Clairborne explained that he is aware of others who have abstained from
votes since 2006 for reasons of being unprepared, etc. and not just conflicts of interest.
May 1, 2013
17
Alderperson Mohlenhoff reported that the GPA Committee is working on revising and
updating Common Council’s Rules of Procedures if this is a topic that needs further
review and/or revision.
MINUTES FROM PREVIOUS MEETINGS:
19.1 Approval of the April 3, 2013 Regular Common Council Meeting Minutes –
Resolution
By Alderperson Mohlehoff: Seconded by Alderperson Brock
RESOLVED, That the minutes of the April 3, 2013 Regular Common Council Meeting
be approved as published.
Carried Unanimously (9-0)
ADJOURNMENT:
On a motion the meeting adjourned at 9:30 p.m.
______________________________ _______________________________
Julie Conley Holcomb, CMC Svante L. Myrick
City Clerk Mayor