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HomeMy WebLinkAboutMN-CC-2013-07-03 COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 6:00 p.m. July 3, 2013 PRESENT: Mayor Myrick Alderpersons (9) Brock, Dotson, Murtagh, Clairborne, McCollister, Smith, Kerslick, Proulx, Mohlenhoff OTHERS PRESENT: City Clerk – Conley Holcomb City Attorney – Lavine City Controller – Thayer Building - Planning & Development Director – Cornish Economic Development Director - DeSarno Acting Superintendent of Public Works – Benjamin EXCUSED: Alderperson Fleming PLEDGE OF ALLEGIANCE: Mayor Myrick led all present in the Pledge of Allegiance to the American Flag. ADDITIONS TO OR DELETIONS FROM THE AGENDA: New Business: Mayor Myrick requested the addition of an item to introduce the New Parking Director, Frank Nagy. He further requested that the appointment of the Police Chief be considered after the public comment period. No Council Member objected. Acting Superintendent of Public Works Ray Benjamin and Parking Director Frank Nagy joined Council. Mr. Nagy provided a description of his experience and the goals he’ll be working towards. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: The following people addressed Common Council regarding the appointment of the Police Chief. They raised a series of concerns regarding racism in the police department and concerns raised by Lt. Byrd regarding an ongoing investigation into allegations made against him: Neil Oolie, City of Ithaca James Rick/Gino Bush, City of Ithaca Clare Grady, City of Ithaca Paula Ioanide, City of Ithaca Mario Martone, City of Ithaca Neil Golder, City of Ithaca The following people addressed Common Council on other topics: Joel Harlan, Town of Newfield, voiced support for increased development in the City. Daniel Keough, City of Ithaca, regarding a recent incident he was involved in as a bicyclist with an off-duty Ithaca Police Officer. Simon Wheeler, City of Ithaca, encouraged Council to update the Noise Ordinance as residents in his neighborhood are negatively impacted by the NorthStar Restaurant’s outdoor music series. John Schroeder, voiced support for the proposed reconstruction of the Cascadilla Creek Walkway. Jan Schwartzberg, extended congratulations to Acting Chief Barber on his appointment as Police Chief. She is a member of the Bicycle Pedestrian Advisory Council, which is July 3, 2013 2 looking forward to a constructive working relationship with the police department to encourage safety for everyone. Fay Gougakis, voiced concerns regarding the merging of the Building and Planning Departments. She also addressed the following issues: motorist texting and cell phone usage; the need for a public forum with the police department to address issues raised earlier; the need to put more time and attention into the construction of the City’s new water treatment plant; and the recent death of a bicyclist on Warren Road. PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR: Mayor Myrick responded to concerns raised about bicycle safety, and need to revise the City’s noise ordinance. Alderperson Dotson thanked the speakers for their comments. She appreciates the willingness of everyone to work with Common Council and the Police Chief on issues that were raised. Alderperson Murtagh responded to comments made regarding noise and noted that the contract for the consultant who will work on revising the City’s current Noise Ordinance is currently being developed. Alderperson Proulx stated that a lot of themes have come out of the public comment period tonight, noting that a lot of visions and aspirations were shared. The charge for Common Council is to find a way to ensure that those visions move forward and are incorporated into the strategic themes. SPECIAL ORDER OF BUSINESS: 4.1 Appointment of Ithaca City Police Chief – Resolution By Alderperson Smith: Seconded by Alderperson Mohlenhoff RESOLVED, That Deputy Police Chief John Barber be and hereby is appointed to the position of Chief of Police, effective July 4, 2013 at an annual salary of $101,887. Mayor Myrick explained that when the Police Chief position became vacant, he had three choices: he could ask Council to waive the search process and appoint a Deputy Police Chief; conduct an internal/promotional search and make an appointment; or conduct a national search. He selected the third option. The search committee included Community Police Board members Marian DaGrossa, Rev. Brower, Andrea Levine, Workforce Diversity Advisory Council member Erin Sember-Chase, Common Council members Brock, Murtagh, Kerslick, a member of the New York State Police, and the Human Resources Director. Five candidates were interviewed. The Search Committee selected three finalists: 2 internal candidates – Deputy Police Chief John Barber and Lieutenant Marlon Byrd, and 1 external candidate who later dropped out of the process. Mayor Myrick interviewed both candidates and selected Deputy Police Chief Barber for a variety of reasons that he outlined. He reviewed the letter that he and Common Council received from Lt. Byrd that included a statement that the Mayor had received information that would clear Lt. Byrd’s name from allegations made about him in a recent legal suit. Mayor Myrick stressed that he has received no information about the on-going investigation being conducted by the FBI and the District Attorney’s Office. The Mayor stated that the investigation did not influence his decision as he believes the claims made about Lt. Byrd are not credible and that is why no action has been taken. He further detailed the consequences of a delayed vote by Common Council. Alderperson Clairborne stated that his concerns were not about the candidates as each have stellar careers, but he believes that Lt. Byrd deserves to have his name cleared. He commented that he does not believe that there is any harm in delaying the appointment in order to clear the air. He further questioned why the investigation was taking so long and if an interim report with a time frame could be issued. Alderperson Brock questioned whether Deputy Police Chief Barber had passed the Chief’s test and whether there was a probationary period for the appointment. She voiced her concern about Lt. Byrd’s allegation that Deputy Chief Barber did not address July 3, 2013 3 false allegations made against Lt. Byrd when he first heard of the claims. She believes that an investigation should be conducted regarding this complaint during the probationary period. She stated that she would support the appointment of Deputy Chief Barber. Mayor Myrick responded that John Barber was not the Deputy Police Chief in 2008 and was not in a position to investigate the claims when they were first initiated. The claims were investigated by another member of staff and found to be not credible. Alderperson Kerslick noted that the interview process was closely monitored by the Human Resources Department and that each candidate was treated the same. He stated that the allegations need to be investigated and resolved; however, he supports the appointment of John Barber as Police Chief. Alderperson Murtagh also questioned the extended amount of time the independent investigation has taken. He noted that an unusually small pool of applicants applied for the Police Chief position (15 applications were received – 10 were not eligible due to Civil Service Law). If the search process was to be re-opened, the results would most likely be the same. He stated that while he understands Lt. Byrd’s frustrations, it is important to separate the process from the allegations. He voiced his support for the appointment of Deputy Chief Barber but said that Lt. Byrd’s reputation needs to be cleared. Alderperson Dotson asked the Mayor, on behalf of a citizen, how he could consider a candidate that has unresolved allegations against him. Mayor Myrick stated that he made a critical decision 18 months ago when the allegations became public. He had to decide whether to place Lt. Byrd on administrative leave, terminate him, or let him continue to serve. He made the determination that the claims were not credible and allowed Lt. Byrd to continue serving the Police Department and the Ithaca community. He further stated that even if Lt. Byrd was fully exonerated, he would have appointed Deputy Chief Barber. Alderperson Clairborne stated that his comments are focused on the process, not the people and noted that he was uncomfortable that Common Council seemed ready to move forward with a vote when the community still has questions. He stated that the candidates should both be void of questions/controversies and stated his preference to make a decision once the air had been cleared. Motion to Table: By Alderperson Clairborne: Seconded by Alderperson Murtagh RESOLVED, That the appointment of the Police Chief be tabled until the August Common Council meeting at the latest in order to handle Lt. Byrd’s letter as a complaint and resolve it before the appointment. Ayes (2) Clairborne, Murtagh Nays (7) Dotson, Brock, McCollister, Smith, Kerslick, Mohlenhoff, Proulx Failed (2-7) Further discussion followed on the floor regarding the need for time for due process to resolve Lt. Byrd’s complaint. Alderperson Proulx suggested placing a Resolution on the City Administration Committee agenda to make a public statement to the appropriate agencies about the need for the investigation involving Lt. Byrd to be resolved in a timely manner. Alderperson Clairborne stated that he could not support the appointment under these circumstances. Alderperson Murtagh noted that he would support the appointment with the condition of the City Administration Committee Resolution. A vote on the Resolution resulted as follows: Ayes (8) Dotson, Brock, Murtagh, McCollister, Smith, Kerslick, Mohlenhoff, Proulx Nays (1) Clairborne Carried (8-1) July 3, 2013 4 CONSENT AGENDA ITEMS: City Administration Committee: 8.1 DPW – Amendment to Water & Sewer Personnel Roster - Resolution By Alderperson Proulx: Seconded by Alderperson Mohlenhoff WHEREAS, a Geographic Information System Specialist in the Water and Sewer Division of the Department of Public Works has requested a temporary reduction in her workweek from forty (40) hours/week to thirty-four (34) hours/week, and WHEREAS, the Water and Sewer Division is willing to accommodate this request, now, therefore, be it RESOLVED, That the workweek of one Geographic Information System Specialist position in the Water and Sewer Division of the Department of Public Works be and hereby is reduced from forty (40) hours/week to thirty-four (34) hours/week from July 8, 2013, through July 11, 2014, pursuant to the employee’s request, and be it further RESOLVED, That for the sole purpose of determining days worked reportable to the New York State and Local Employees’ Retirement System, the standard workday for this position shall be established at six and eight/tenths (6.8) hours per day (thirty-four (34) hours per week). Carried Unanimously (9-0) 8.2 Attorney – Uniform Notice of Claim Act Designation - Resolution By Alderperson Proulx: Seconded by Alderperson Mohlenhoff WHEREAS, on December 17, 2012, Governor Andrew Cuomo signed the Uniform Notice of Claim Act, which allows notices of claim against the City of Ithaca to be served on the New York Secretary of State as an agent for the City, and WHEREAS, the Act requires the City to file with the Department of State by July 15, 2013, a Certificate of Designation for Service of Notice of Claim specifying the City official to whom the Secretary of State should forward notices of claim served on the Secretary as an agent for the City, and WHEREAS, the City Clerk receives and processes notices of claim served on the City; now, therefore be it RESOLVED, That the City of Ithaca designates the New York Secretary of State as an agent for service of notices of claim in accordance with and as required by the Uniform Notice of Claim Act, and be it further RESOLVED, That the City Clerk is appointed as the City official to whom the Secretary of State should forward notices of claim served on the Secretary, and be it further RESOLVED, That the Mayor shall file the completed Certificate of Designation for Service of Notice of Claim with the Department of State. Carried Unanimously (9-0) 8.3 Human Resources - Establishment of Civil Service Application Fees - Resolution By Alderperson Proulx: Seconded by Alderperson Mohlenhoff WHEREAS, Section 50.5(b) of New York State Civil Service Law allows for the establishment of application fees for civil service examinations, and WHEREAS, the Ithaca Civil Service Commission wishes to establish a schedule of application fees for the Police Officer and Firefighter examinations, and WHEREAS, the implementation of application fees is subject to the approval of Common Council; now, therefore, be it RESOLVED, That the Ithaca Common Council hereby establishes the following schedule of application fees for the Police Officer and Firefighter examinations as recommended by the Ithaca Civil Service Commission: July 3, 2013 5 Tompkins County Residents: $15.00 All Other Applicants: $75.00 and, be it further RESOLVED, That the above application fees shall be waived for residents of the City of Ithaca, and be it further RESOLVED, That pursuant to Section 50.5(b) of New York State Civil Service Law, the above application fees shall be waived for candidates who certify that they are unemployed and primarily responsible for the support of a household and for candidates who are receiving public assistance, and be it further RESOLVED, That no refunds of application fees shall be provided, and be it further RESOLVED, That applications submitted without the required application fee or waiver shall be disapproved, and be it further RESOLVED, That the above schedule of fees shall be implemented immediately. Carried Unanimously (9-0) 8.4 Youth Bureau - Request to Amend 2013 Budget – Youth Employment Service - Resolution By Alderperson Proulx: Seconded by Alderperson Mohlenhoff WHEREAS, the Ithaca Youth Bureau has applied for funding through the Tompkins County Workforce Investment Board and will be receiving $150,075.85 in new funding for the Tompkins Summer Youth Employment Program, and WHEREAS, the goal of this program is to provide short-term subsidized internships for low-income eligible teens needing assistance in securing employment; now, therefore, be it RESOLVED, That Common Council hereby amends the 2013 Youth Bureau budget as follows: Increase Anticipated Revenue: A7310-4820-1202 Youth Employment Service $141,817.16 A7310-4820-1400 Administration $8,258.69 Total $150,075.85 Increase Expenses: A7310-5120-1202 Part time/Seasonal $118,487.00 A7310-5125-1202 Overtime $2,000.00 A7310-5425-1202 Office Supplies $750.00 A7310-5445-1202 Travel & Mileage $711.00 A7310-5460-1202 Program Supplies $1,000.00 A7310-5120-1400 Part time/Seasonal $1,000.00 A7310-5460-1400 Program Supplies $700.00 A7310-5475-1401 Property Maintenance $2,583.00 A7310-5476-1401 Equipment Maintenance $2,583.69 A7310-5480-1401 Building Maintenance $1,222.00 A7310-9030-1400 FICA/Medicare $9,218.00 A7310-9040-1400 Workers Compensation $9,821.16 Total $150,075.85 Carried Unanimously (9-0) 8.5 Fire Department – Request to Award 2013 Budget for New York State Grant - Resolution By Alderperson Proulx: Seconded by Alderperson Mohlenhoff WHEREAS, the City of Ithaca is the lead recipient of a 2009 New York State Office of Homeland Security Hazardous Materials Grant in the amount of $22,000, and July 3, 2013 6 WHEREAS, the City of Ithaca, as the lead recipient, is responsible for the financial execution and administration of the grant, and WHEREAS, the Homeland Security Grant period was recently extended to July 31, 2013, and WHEREAS, Homeland Security Grant will be used to purchase a chemical detection device on New York State Contract for $20,000, and WHEREAS, the remaining $2,000 will be used for training costs for City of Ithaca employees and or agents of partner agencies; now, therefore be it RESOLVED, That Common Council hereby amends the 2013 authorized City budget by the amount not to exceed $22,000 to be used for said chemical detection equipment and training as follows: Increase Revenue Account: A3410-3989 State Aid $22,000 Increase Appropriation Accounts: A3410-5225-12150 Other Equipment $20,000 A3410-5440-15150 Staff Development $2,000 Carried Unanimously (9-0) GOVERNMENT PERFORMANCE AND ACCOUNTABILITY COMMITTEE: 10.1 Update on last meeting from Committee Chair Mohlenhoff Chair Mohlenhoff reported that there will be a special Common Council meeting on Wednesday, July 17, 2013 at 6:00 p.m. prior to the GPA Committee meeting to discuss the proposed new sidewalk legislation/local law. The GPA Committee meeting will begin at 7:00 p.m. CITY ADMINISTRATION COMMITTEE: 11.1 Attorney - Approval to Become an Amicus Curiae in Actions Involving Municipal Home Rule In The Court of Appeals of the State of New York - Resolution By Alderperson Proulx: Seconded by Alderperson Brock WHEREAS, the Towns of Middlefield and Dryden have recently revised their zoning laws to prohibit heavy industrial uses (including natural gas drilling) in their communities and such laws were challenged in court by opponents claims that the Towns did not have the power to regulate natural gas drilling as a land use through zoning, and WHEREAS, the Town of Ulysses filed an amicus curiae or “friend of the court” brief in both lawsuits in support of its sister Towns in order to reassert the right of each municipality throughout New York State to determine what land uses are appropriate in its community through municipal home rule law powers granted by the NYS Constitution and the NYS Municipal Home Rule Law, and WHEREAS, the City of Ithaca joined with the Town of Ulysses and a coalition of over 50 other municipalities from across the State to file these amicus curiae briefs in the Appellate Division, Third Department in 2012, and WHEREAS, the Appellate Division, Third Department, ruled in favor of the Towns of Dryden and Middlefield in the matters of Norse Energy Corporation USA v. Town of Dryden et al., and Cooperstown Holstein Association v. Town of Middlefield, and WHEREAS, the Norse Energy Corporation and the Cooperstown Holstein Association (“Appellants”) recently filed motions for leave to appeal each decision to the Court of Appeals – the State’s highest court, and July 3, 2013 7 WHEREAS, if the Appellants are granted leave to appeal to the Court of Appeals, the Town of Ulysses will seek leave to file amicus curiae brief(s) with the Court and will file such brief(s) if leave is granted, and WHEREAS, the Town of Ulysses has requested that other municipalities in the State consider joining the municipal coalition supporting its amicus brief(s) to send a powerful statement to the Court of Appeals, the NYS Department of Environmental Conservation and the NYS Legislature about the importance of protecting municipal home rule in New York State and a municipality’s right to decide, for itself, whether natural gas drilling, or any other land use, is appropriate for its citizens; now, therefore be it RESOLVED, That the Common Council hereby determines that it is in the public interest of the citizens of the City of Ithaca to support municipal home rule by joining in the amicus brief(s) being filed in the Court of Appeals by the Town of Ulysses and a coalition of municipalities from across the State, and be it further RESOLVED, That the Common Council hereby authorizes and directs the Mayor to complete or cause to be completed any and all such further documents and papers in the name and on behalf of the City as the Mayor deems necessary or appropriate to carry into effect the foregoing resolution, and be it further RESOLVED, That the City Clerk will promptly send a certified copy of this adopted resolution to the Town of Ulysses, 10 Elm Street, Trumansburg, NY, 14886. Carried Unanimously (9-0) 11.2 An Ordinance to Amend Chapter 348 of the City of Ithaca Municipal Code entitled “Water and Sewers”, Sections 348-28 “Sewer Mains” and 348-30 “Service Pipes” to Amend Sub-Sections 348-30(A), (C), (G) and Add (I) By Alderperson Proulx: Seconded by Alderperson Brock Ordinance #2013 - ___ BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows: Section 1. Section 348-28 of the City of Ithaca Municipal Code is hereby amended to read as follows: A. Except when variations are specifically approved by the Board, all sewer mains will be eight-inch cement-asbestos SDR35 PolyVinylCloride (PVC) Sanitary Sewer Pipe. B. All sewer mains shall be laid according to the Specifications for the Construction of Sanitary Sewers Connecting to the Sewerage System of the City of Ithaca, New York, copies of which are obtainable at the City Engineer's office or from the Superintendent of the Water and Sewer Division of the Department of Public Works. C. All proposed plans and specifications for sewer mains must be approved by the Board of Public Works and installed under the supervision and inspection of the Water and Sewer Division of the Department of Public Works. Section 2. Section 348-30(A) of the City of Ithaca Municipal Code is hereby amended to read as follows: A. Materials used. (1) All sanitary sewers (laterals) from the back of the curbline to the sewer main in the street must be of four-inch extra-heavy cast-iron hub-and-spigot pipe or Class 2400 July 3, 2013 8 cement-asbestos pipe in five-foot lengths SDR35 PolyVinylChloride (PVC) sanitary sewer pipe for installations 4-feet to10-feet deep, and SDR26PVC sanitary pipe for installations over 10-feet deep and of such quality as required by the inspector. No quarter bends or tees shall be used. All such pipe shall be installed by the Water and Sewer Division inside the city and by a duly licensed plumber or sewer layer outside the city. (2) All sanitary sewer laterals from the curbline to the building must be either four-inch diameter extra-heavy cast-iron hub-and-spigot pipe or cement-asbestos house connection pipe, to be laid in nominal five-foot lengths SDR35 PVC sanitary sewer pipe (four-inch diameter for single- to four-family houses and six-inch diameter for five-family houses and up). Section 3. Section 348-30(C) of the City of Ithaca Municipal Code is hereby amended to read as follows: C. Cast-iron sewer pipe joints. (1) A jute watertight rubber-ring type gasket large enough designed to hold the spigot end of the pipe in the center of the hub must be rammed into installed at each joint. with an iron hammer. The joints must then be poured and filled with melted virgin lead and caulked so as to form a neat, even and watertight joint. (2) The cement-asbestos joint shall be of the rubber ring-type joint. Section 4. Section 348-30(G) of the City of Ithaca Municipal Code is hereby amended to read as follows: G. In all new sewer services and whenever an old service is dug at or near the trap, a cleanout wye shall be placed in the line on the street side of the house trap, with a length of pipe leading to the surface of the ground or cellar floor. A suitable clean-out cap shall be leaded installed in this pipe to facilitate cleaning the service from the trap to the main. Section 5: Section 348-30 of the City of Ithaca Municipal Code is hereby amended to add the following subsection (I): I. For any service in which any other variety of pipe shall be placed than that specified in this Section or where an opportunity is neglected to replace service pipes not in compliance with this Section with service pipes compliant with this Section, the Board reserves the right to have the water shut off from said premises until such service pipes have been installed in accordance with this Section. Section 6. Severability. If any section, subsection, sentence, clause, phrase or portion of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall not affect the validity of the remaining portions of this ordinance. Section 7: Effective date. This ordinance shall take effect immediately and in accordance with law upon publication of notices as provided in the Ithaca City Charter. Carried Unanimously (9-0) 11.3 Planning, Building and Economic Development - Establishment of Capital Project for the Cascadilla Boathouse - Resolution By Alderperson Proulx: Seconded by Alderperson Kerslick WHEREAS, on July 2, 2012, the Ithaca Common Council passed a resolution authorizing the submission of a New York State Consolidated Funding Application for grant monies to support a small rehabilitation project at the Cascadilla Boathouse that would allow for the use of the second floor on a limited occupancy basis, and July 3, 2013 9 WHEREAS, that grant application was successful and funds in the amount of $75,290 were awarded to the City by the State, and WHEREAS, the authorizing resolution that was submitted with the original grant application was found by the State not to have met their requirements for form and content, and WHEREAS, a revised resolution authorizing submission of the grant and execution of the contract between the City and the State was passed by Common Council on May 1, 2013, and WHEREAS, that revised resolution did not provide for the establishment of a capital project, and WHEREAS, establishment of a capital project is required so that funding for the boathouse project may be received and utilized by the City; now, therefore be it RESOLVED, That the Ithaca Common Council does hereby establish Capital Project #789 Cascadilla Boathouse Renovations in an amount not to exceed $75,290 for the purpose of renovating the Cascadilla Boathouse at Stewart Park, and be it further RESOLVED, That funds for said renovation project shall be derived from a General Fund Advance with later repayment by New York State Grant EPF-126000 and by private matching funds, to include, but not necessarily be limited to, donations from Cascadilla Boat Club and the Friends of Stewart Park. Carried Unanimously (9-0) 11.4 DPW - To establish a Capital Project to fund repairs and upgrades to the portion of the “Upper Cascadilla Creek Walkway” adjacent to 504 Stewart Avenue - Resolution By Alderperson Proulx: Seconded by Alderperson McCollister WHEREAS, the Board of Public Works (BPW) at its April 8, 2013 meeting reviewed the staff recommendations contained in the memorandum “Repair to Cascadilla Creek walkway – four scope options” dated April 2, 2013, and discussed the matter with staff in attendance, and WHEREAS, the BPW stated its preference in pursuing Option 2, which essentially includes acquiring a few extra feet of width for a reconstructed sidewalk, as well as replacing the stairs and railing adjacent to 504 Stewart Avenue, and WHEREAS, the BPW at its May 16, 2013 meeting recommended that Common Council establish a capital project in the amount of $70,000 to fund the design, right of way acquisition, construction, and inspection costs for the project, and WHEREAS, the BPW also recommended that Common Council work with neighbors and other potential stakeholders to decide whether to expand the scope of work (and therefore the budget) beyond the gorge rim walkway adjacent to 504 Stewart Avenue, e.g., to do preliminary design for the length of the walkway from Stewart Avenue to Linn Street, WHEREAS, Common Council reviewed the BPW recommendation at its meeting on June 5, 2013 and referred the matter back to the BPW to further consider public input and the scope of work, and WHEREAS, the BPW at its June 24, 2013, meeting heard from a few neighbors, discussed the project, and revised its recommendation to include a request to establish a capital project to repair the walkway adjacent to 504 Stewart Avenue but without acquiring any right-of-way and instead staying within the existing four-foot-wide easement, and also to include a request to the Department of Public Works (and Common Council, if additional funding is required) to make limited asphalt repairs to the walkway lower down the hill; now, therefore be it July 3, 2013 10 RESOLVED, That Common Council hereby establishes Capital Project # 788 in the amount not to exceed $51,000 for design, construction, and inspection costs related to the repair of the upper Cascadilla Creek Walkway adjacent to 504 Stewart Avenue and repairs to the lower walkway as stated, and be it further RESOLVED, That funds needed for said project shall be derived from a General Fund advance with the later repayment from the issuance of serial bonds. Carried Unanimously (9-0) 11.5 A Resolution Authorizing the Issuance of $31,887,112 Bonds of the City of Ithaca, Tompkins County, New York, to Pay the Cost of Certain Capital Improvements In and for said City By Alderperson Proulx: Seconded by Alderperson Kerslick WHEREAS, all conditions precedent to the financing of the capital projects hereinafter described, including compliance with the provisions of the State Environmental Quality Review Act, have been performed; and WHEREAS, it is now desired to authorize the financing of such capital projects; now, therefore, be it RESOLVED, by the affirmative vote of not less than two-thirds of the total voting strength of the Common Council of the City of Ithaca, Tompkins County, New York, as follows: Section 1. For the object or purpose of paying the cost of certain capital improvements in and for the City of Ithaca, Tompkins County, New York, there are hereby authorized to be issued $31,887,112 bonds of said City pursuant to the provisions of the Local Finance Law, apportioned among such capital improvements in accordance with the maximum estimated cost of each. The capital improvements to be financed pursuant to this bond resolution, the maximum estimated cost of each, the amount of bonds to be authorized therefore, the period of probable usefulness of each, and whether said capital improvements are each a specific object or purpose or a specific object or purpose, including in each case incidental improvements, equipment, machinery, apparatus, appurtenances, furnishings and/or expenses in connection therewith, is as follows: Improvements to the Ithaca City Water Treatment Plant, in and for said City, at a maximum estimated cost of $30,700,000. It is hereby determined that the plan for the financing of such specific object or purpose shall consist of the issuance of $30,700,000 bonds of the $31,887,112 bonds of said City authorized to be issued pursuant to this bond resolution. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is 40 years, pursuant to subdivision 1 of paragraph a of Section 11.00 of the Local Finance Law calculated from August 3, 2007, the date of issuance of the first obligations thereof. The serial bonds herein authorized are in addition to $6,000,000 of $8,120,000 serial bonds heretofore authorized for water system improvements by bond resolution dated and duly adopted January 5, 2000, the maximum estimated cost of the capital project now being $36,700,000; Replacement of the roof at the Central Fire Station, in and for said City, at a maximum estimated cost of $360,000. It is hereby determined that the plan for the financing of such specific object or purpose shall consist of the issuance of $360,000 bonds of the $31,887,112 bonds of said City authorized to be issued pursuant to this bond resolution. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is 25 years, pursuant to subdivision 12(a)(1) of paragraph a of Section 11.00 of the Local Finance Law; Construction of a multi use trail between Floral Avenue and the Flood Control Channel in and for said City, at a maximum estimated cost of $130,000. It is hereby determined that the plan for the financing of such specific object or purpose shall consist of the issuance of $130,000 bonds of the $31,887,112 bonds of said City authorized to be issued pursuant to this bond resolution. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is 15 years, pursuant to subdivision 19(c) of paragraph a of Section 11.00 of the Local Finance Law calculated July 3, 2013 11 from August 5, 2011, the date of issuance of the first obligations therefore. The serial bonds herein authorized are in addition to $92,000 serial bonds and $324,000 serial bonds heretofore authorized therefor by bond resolutions respectively dated and duly adopted July 6, 2011 and December 11, 2011, the maximum estimated cost of the capital project now being $546,000. Replacement of the water main on Edgecliff Place in and for said City, at a maximum estimated cost of $60,000. It is hereby determined that the plan for the financing of such specific object or purpose shall consist of the issuance of $60,000 bonds of the $31,887,112 bonds of said City authorized to be issued pursuant to this bond resolution. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is 40 years, pursuant to subdivision 1 of paragraph a of Section 11.00 of the Local Finance Law; Reconstruction of streets to construct safe routes to local schools in and for said City, including improvements to roads, sidewalks, curbs, gutters, traffic calming measures, bicycle lanes and related improvements, at a maximum estimated cost of $297,950. It is hereby determined that the plan for the financing of such specific object or purpose shall consist of the issuance of $297,950 bonds of the $31,887,112 bonds of said City authorized to be issued pursuant to this bond resolution. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is 15 years, pursuant to subdivision 20(c) of paragraph a of Section 11.00 of the Local Finance Law; Reconstruction of heating, ventilation and air-conditioning systems at the Central Fire Station in and for said City, at a maximum estimated cost of $63,662. It is hereby determined that the plan for the financing of such specific specific object or purpose shall consist of the issuance of $63,662 bonds of the $31,887,112 bonds of said City authorized to be issued pursuant to this bond resolution. It is hereby determined that the period of probable usefulness of the aforesaid specific specific object or purpose is 10 years, pursuant to subdivision 13 of paragraph a of Section 11.00 of the Local Finance Law. It is hereby further determined that said specific object or purpose, while related to that authorized in bond resolution dated and duly adopted December 5, 2007 for $275,000 for multiple fire station improvements, constitutes a new object or purpose; Construction of a new sanitary sewer main on Seneca Way in and for said City, at a maximum estimated cost of $45,500. It is hereby determined that the plan for the financing of such specific object or purpose shall consist of the issuance of $45,500 bonds of the $31,887,112 bonds of said City authorized to be issued pursuant to this bond resolution. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is 40 years, pursuant to subdivision 4 of paragraph a of Section 11.00 of the Local Finance Law; Reconstruction of the Six Mile Creek wall and ramp in and for said City, at a maximum estimated cost of $180,000. It is hereby determined that the plan for the financing of such specific object or purpose shall consist of the issuance of $180,000 bonds of the $31,887,112 bonds of said City authorized to be issued pursuant to this bond resolution. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is 30 years, pursuant to subdivision 22 of paragraph a of Section 11.00 of the Local Finance Law; and Reconstruction of sidewalks on Cornell Street in and for said City, at a maximum estimated cost of $50,000. It is hereby determined that the plan for the financing of such specific object or purpose shall consist of the issuance of $50,000 bonds of the $31,887,112 bonds of said City authorized to be issued pursuant to this bond resolution. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is 10 years, pursuant to subdivision 24 of paragraph a of Section 11.00 of the Local Finance Law. Section 2. The aggregate maximum estimated cost of the aforesaid objects or purposes is $31,887,112, and the plan for the financing thereof is by the issuance of the $31,887,112 serial bonds authorized by Section 1 hereof, allocated to each of the objects or purposes in accordance Section 1 hereof. July 3, 2013 12 Section 3. The faith and credit of said City of Ithaca, Tompkins County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such obligations as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such obligations becoming due and payable in such year. There shall annually be levied on all the taxable real property of said City, a tax sufficient to pay the principal of and interest on such obligations as the same become due and payable. Section 4. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the bonds herein authorized, including renewals of such notes, is hereby delegated to the City Controller, the chief fiscal officer. such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said City Controller, consistent with the provisions of the Local Finance Law. Section 5. All other matters, except as provided herein relating to such bonds, including determining whether to issue such bonds having substantially level or declining debt service and all matters related thereto, prescribing whether manual or facsimile signatures shall appear on said bonds, prescribing the method for the recording of ownership of said bonds, appointing the fiscal agent or agents for said bonds, providing for the printing and delivery of said bonds (and if said bonds are to be executed in the name of the City by the facsimile signature of the City Controller, providing for the manual countersignature of a fiscal agent or of a designated official of the City), the date, denominations, maturities and interest payment dates, place or places of payment, and also including the consolidation with other issues, shall be determined by the City Controller. It is hereby determined that it is to the financial advantage of the City not to impose and collect from registered owners of such serial bonds any charges for mailing, shipping and insuring bonds transferred or exchanged by the fiscal agent, and, accordingly, pursuant to paragraph c of Section 70.00 of the Local Finance Law, no such charges shall be so collected by the fiscal agent. Such bonds shall contain substantially the recital of validity clause provided for in section 52.00 of the Local Finance Law and shall otherwise be in such form and contain such recitals in addition to those required by section 52.00 of the Local Finance Law, as the City Controller shall determine. Section 6. The powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the City Controller, who shall advertise such bonds for sale, conduct the sale, and award the bonds in such manner as he shall deem best for the interests of the City; provided, however, that in the exercise of these delegated powers, he shall comply fully with the provisions of the Local Finance Law and any order or rule of the State Treasurer applicable to the sale of municipal bonds. The receipt of the City Controller shall be a full acquittance to the purchaser of such bonds, who shall not be obliged to see to the application of the purchase money. Section 7. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said City is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 8. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150-2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. July 3, 2013 13 Section 9. This resolution, which takes effect immediately, shall be published in summary form in the Ithaca Journal, the official newspaper, together with a notice of the City Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. A roll call vote resulted as follows: Alderperson Brock - Aye Alderperson Dotson - Aye Alderperson Clairborne – Aye Alderperson Murtagh - Aye Alderperson McCollister – Aye Alderperson Fleming - Absent Alderperson Kerslick – Aye Alderperson Smith - Aye Alderperson Mohlenhoff - Aye Alderperson Proulx - Aye Carried Unanimously (9-0) City Controller’s Report City Controller Thayer reported to Common Council on the following items:  2014 budget guidelines have been released; department heads must submit a - 2% budget that includes contractual salary increases.  Taxable assessments are increasing by 1.78% ($13.08 per $1,000) which equals and additional $357,000 in revenue.  The amount of tax exempt property in the City has decreased to 60.46% (83.3% of that figure is Cornell University property)  Health care costs and pension cost estimates are in late August/early September  New positions hired, Parking Director, Building Maintenance, Solid Waste Supervisor, have resulted in increased operational efficiencies  The Health Consortium continues to work with Pro Act on drug plan issues  With the Bond Resolution approved, he will be putting the bonds/bans out for sale in July, hoping to take advantage of low interest rates for short & long term borrowing  The City will be re-rated by Moody’s next week  2013 Activity: o 1.5% increase in sales tax from last year (but a 2.7% increase was budgeted) o Overtime: $423,000 expended out of a $960,000 budget o Building permits: $310,000 collected out of a $819,000 budget o Parking revenue: $946,000 collected out of a $2,059,000 budget Further discussion followed regarding the health care reform act and 2014 budget issues and priorities. REPORT OF SPECIAL COMMITTEES: 12.1 TCAT Board: Alderperson Dotson noted that Council members should be receiving invitations to TCAT’s budget presentation which is scheduled for July 31, 2013 at noon at the Tompkins County Library. NEW BUSINESS: 13.1 Support for the Tompkins County Clerk’s Application for Funding from the New York State Consolidated Funding Application for Shared Services Under the Local Government Efficiency Grant - Resolution By Alderperson Proulx: Seconded by Alderperson Kerslick WHEREAS, the Tompkins County Clerk’s Office intends to apply for funding through the New York State Consolidated Funding Application (CFA) for monies to continue its efforts to increase delivery of local services and through shared services and support related to records management systems and WHEREAS, the City of Ithaca has supported the County Clerk’s Office in previous funding applications and looks forward to future opportunities for shared services and inter-municipal cooperation which result in savings for its constituents and WHEREAS, the City of Ithaca anticipates cooperating with and joining in future shared services offered and/or supported by the County whenever feasible; now therefore be it July 3, 2013 14 RESOLVED, That Common Council does hereby fully support the Tompkins County Clerk’s Office in its pursuit and application for funding for shared services through a Local Government Efficiency Grant Carried Unanimously (9-0) 13.2 Authorization for the City Clerk to Enter into a Five-Year Agreement with Tompkins County for the Tompkins Shared Services Electronic Records Repository (TSSERR) - Resolution By Alderperson Proulx: Seconded by Alderperson Clairborne WHEREAS, Tompkins County has initiated and secured grants for the Tompkins County Shared Services Electronic Records Repository (TSSERR) which is a shared service hosted by the County and made available to all municipalities within the County and WHEREAS, the participating members of the TSSERR, including the City Clerk’s Office, have drafted a set of By-Laws and a Group Agreement which have been presented to its members and the Tompkins County Operations Committee, and WHEREAS, the City Clerk has been in discussion with the Tompkins County Clerk’s Office and the County’s Information Technology Department regarding shared services, including resources and staff, for records management purposes and has determined that this agreement would be mutually beneficial to both entities; now therefore be it RESOLVED, That Common Council does hereby authorize the Mayor or City Clerk to enter into the Tompkins County Shared Services Electronic Records Repository Group Agreement on behalf of the City of Ithaca subject to the review of the City Attorney. Carried Unanimously (9-0) INDIVIDUAL MEMBER – FILED RESOLUTIONS: 14.1 Alderperson Smith - Resolution to Select Artwork for a Mural Installation on the South Wall of the Seneca Street Parking Garage By Alderperson Smith: Seconded by Alderperson Kerslick WHEREAS, the City of Ithaca Public Art Commission (PAC) has been established to, among other duties, review and advise the Common Council on proposals for the exhibition and display of public art in the City’s public spaces, and WHEREAS, in 2010, the PAC created a mural and street art program to beautify blank walls within the city while providing local artists from all sections of the community an opportunity to showcase their work, and WHEREAS, the Board of Public Works approved several locations for future murals and street art, including walls in the City garages on Green Street and Seneca Street, by resolution on May 19, 2010, and WHEREAS, members of the Two Row Wampum Renewal Campaign issued a Request for Proposals for the “Honoring Indigenous Cultures” mural project in commemoration of the 400th anniversary of the Two Row Wampum Treaty, and WHEREAS, Onondaga Nation artist Brandon Lazore was selected by the Cayuga Nation Elders for the “Honoring Indigenous Cultures” mural project, and WHEREAS, the PAC held a public comment period on the mural design and location at its meeting on June 26, 2013 to gather input on the proposed installation, and WHEREAS, PAC members have also sought input from City staff, and all of the responses to the proposed mural have been positive, and WHEREAS, the proposed mural will be financed by donations and would be budget- neutral to the City, and WHEREAS, at its meeting on June 26, 2013, the Public Art Commission unanimously voted to recommend that the Common Council select Brandon Lazore’s “Honoring July 3, 2013 15 Indigenous Cultures” mural to be installed on the south wall of the Seneca Street Parking Garage; now, therefore, be it RESOLVED, That the City of Ithaca Common Council selects Brandon Lazore’s “Honoring Indigenous Cultures” mural to be installed on the south 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 his mural upon the execution of an agreement with the City (as reviewed by the City Attorney). Carried Unanimously (9-0) 14.2 Alderperson Smith - Resolution to Select Artwork for a Mural Installation on the West Spencer Street Retaining Wall By Alderperson Smith: Seconded by Alderperson Kerslick WHEREAS, the City of Ithaca Public Art Commission (PAC) has been established to, among other duties, review and advise the Common Council on proposals for the exhibition and display of public art in the City’s public spaces, and WHEREAS, in 2010, the PAC created a mural and street art program to beautify blank walls within the city while providing local artists from all sections of the community an opportunity to showcase their work, and WHEREAS, the Board of Public Works approved several locations for future murals and street art, including retaining walls on West Spencer Street and downstream from the George Johnson Bridge (Plain Street over Six Mile Creek), by resolution on May 19, 2010, and WHEREAS, local artist Alice Muhlback submitted a mural proposal depicting a flower blossom and clouds as part of the PAC’s Mural and Street Art Program, and WHEREAS, the PAC discussed Ms. Muhlback’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 West Spencer Street retaining wall 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 May 22, 2013 to gather input on the proposed installation, and WHEREAS, the artist has applied for grant funding to finance the mural, and the proposed installation would be budget-neutral to the City, and WHEREAS, at its meeting on May 22, 2013, the Public Art Commission unanimously voted to recommend that the Common Council select Alice Muhlback’s mural proposal to be installed on West Spencer Street retaining wall; now, therefore, be it RESOLVED, That the City of Ithaca Common Council selects Alice Muhlback’s mural proposal depicting a flower blossom and clouds to be installed on the West Spencer Street retaining wall 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 Unanimously (9-0) 14.3 Alderperson Smith - Resolution to Select Artwork for a Mural Installation on the Rear Stairwell of the Green Street Parking Garage By Alderperson Smith: Seconded by Alderperson Kerslick WHEREAS, the City of Ithaca Public Art Commission (PAC) has been established to, among other duties, review and advise the Common Council on proposals for the exhibition and display of public art in the City’s public spaces, and July 3, 2013 16 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, Will Schlough submitted his proposal for a large chandelier in a trompe l’oeil style as part of both the PAC’s Mural and Street Art Program and the Downtown Ithaca Alliance’s (DIA) Art in the Heart of the City program, and WHEREAS, the PAC held a public comment period on the mural design and location at its meeting on June 26, 2013 to gather input on the proposed installation, and WHEREAS, PAC members have also sought input from City staff, and all of the responses to the proposed mural have been positive, and WHEREAS, the artist will receive funding through the DIA’s Art in the Heart program, and the proposed installation would be budget-neutral to the City, and WHEREAS, at its meeting on June 26, 2013, the Public Art Commission unanimously voted to recommend that the Common Council select the trompe l’oeil style mural submitted by Will Schlough to be installed on the rear stairwell of the Green Street Parking Garage; now, therefore, be it RESOLVED, That the City of Ithaca Common Council selects the trompe l’oeil style mural by Will Schlough to be installed on the rear stairwell of the Green 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 his mural upon the execution of an agreement with the City (as reviewed by the City Attorney). Carried Unanimously (9-0) Alderperson Brock encouraged increased outreach to and participation in future art projects by local artists of color. MAYOR’S APPOINTMENTS: Appointments to Various City Boards/Committees - Resolution 15.1 Reappointments to Disability Advisory Council – Resolution By Alderperson Murtagh: Seconded by Alderperson Mohlenhoff RESOLVED, That Jason Anderson be reappointed to the Disability Advisory Council with a term to expire June 30, 2016, and be it further RESOLVED, That David McElrath be reappointed to the Disability Advisory Council with a term to expire June 30, 2016, and be it further RESOLVED, That Erin Sember-Chase be reappointed to the Disability Advisory Council with a term to expire June 30, 2016, and be it further Carried Unanimously (9-0) 15.2 Appointment to Ithaca Urban Renewal Agency Board – Resolution By Alderperson Kerslick: Seconded by Alderperson Dotson RESOLVED, That Chris Proulx be appointed to the Ithaca Urban Renewal Agency Board to fill a vacancy, and be it further Alderperson Proulx recused himself from the discussion and vote on this item. Discussion followed on the floor to clarify that Alderperson Proulx would serve as both a member and Council liaison until the end of his Common Council term (December 31, 2013). July 3, 2013 17 A vote on the Resolution resulted as follows: Ayes (8) Brock, Dotson, Clairborne, Murtagh, McCollister, Smith, Kerslick, Mohlenhoff Nays (0) Abstention/Recusal (1) Proulx Carried (8-0-1) 15.3 Appointment to Rental Housing Advisory Commission – Resolution By Alderperson Kerslick: Seconded by Alderperson McCollister RESOLVED, That Carole Fisher be appointed to the Rental Housing Advisory Commission to fill a vacancy with a term to expire December 31, 2015. Carried Unanimously (9-0) REPORTS OF COMMON COUNCIL LIAISONS: Ithaca Landmarks Preservation Commission: Alderperson McCollister reported that the ILPC adopted Historic District and Landmark Design Guidelines in April. The ILPC has been working with the developers of the Thurston Avenue apartment complex, and they have received a certificate of appropriateness for the Cornell Heights Historic District. The ILPC is waiting to hear back from Cornell University regarding the fencing for the Fall Creek Drive project which is located in the Cornell Heights Historic District. Friends of Stewart Park: Alderperson Mohlenhoff recognized everyone who has been working hard on the community fireworks celebration that was rescheduled to Sunday, July 7, 2013 due to inclement weather. Report on West Hill: Alderperson Brock reported that the Neighborhood Community Block Party was a success and the residents look forward to doing it again. She further reported that the West Hill community is experiencing a lot of stress due to the temporary closing of lower Elm Street as it has become a party location. She said that residents are experiencing a reduced quality of life and are considering moves due to loss of property values and increased crime. She noted that 8 properties sold in the last 2 years on one street. She stated that the neighborhood is looking forward to the Ithaca Police Department foot patrols. Youth Council: Alderperson Clairborne noted that the Youth Council is preparing for a transition as their long standing coordinator, Jen Handy, is leaving the Ithaca area. He described the great job she did in building the program and reported that Marty Schreiber will be taking the program over at the end of July. REPORT OF CITY ATTORNEY: 18.1 Brief Introduction to Sidewalk Task Force Proposed Local Law City Attorney Lavine provided a brief update on the proposal to amend the City’s Charter regarding the installation and repair of sidewalks. Instead of the traditional method of having the responsibility for the installation and repair of sidewalks falling on the adjacent property owner, this proposal would provide for 5 different benefit assessment districts to be created that would be taxed proportionately to the amount of sidewalk and the type of use (high/low). Common Council will be holding a special meeting on July 17, 2013 at 6:00 p.m. to provide a complete presentation of the proposal. The sidewalk legislation/local law would be placed on the August 12, 2013 GPA Committee agenda for discussion and vote, and then move onto Common Council for consideration at its September meeting. Alderperson Murtagh extended his thanks to City Attorney Lavine for his wealth of ingenuity and leadership on this proposal. July 3, 2013 18 MINUTES FROM PREVIOUS MEETINGS: 19.1 Approval of the June 5, 2013 Common Council Meeting Minutes – Resolution By Alderperson McCollister: Seconded by Alderperson Mohlenhoff RESOLVED, That the minutes of the June 5, 2013 Common Council meeting be approved as corrected. Carried Unanimously (9-0) ADJOURNMENT: On a motion the meeting adjourned at 9:35 p.m. ______________________________ _______________________________ Julie Conley Holcomb, CMC Svante L. Myrick City Clerk Mayor