HomeMy WebLinkAboutMN-CC-2015-01-07COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 6:00 p.m. January 7, 2015
PRESENT:
Mayor Myrick
Alderpersons (8) Brock, McGonigal, Murtagh, McCollister, Fleming, Smith, Kerslick,
Mohlenhoff
OTHERS PRESENT:
City Clerk – Conley Holcomb
City Attorney – Lavine
City Controller – Thayer
Human Resources Director – Michell-Nunn
Chief of Staff – Sutherland
Bridge Engineer - Gebre
EXCUSED:
Alderpersons (2): Clairborne, Martell
PLEDGE OF ALLEGIANCE:
Mayor Myrick led all present in the Pledge of Allegiance to the American Flag.
Mayor Myrick noted that Alderperson Clairborne was absent tonight because of the
recent loss of his mother, Rev. Earline Joyner Clairborne. On behalf of the City of
Ithaca, Mayor Myrick expressed his deepest sympathies to Alderperson J.R. Clairborne,
Deputy GIAC Director Leslyn McBean Clairborne and their family, and noted that
everyone’s thoughts are with them.
SPECIAL ORDER OF BUSINESS:
4.1 Appointment of Marriage Officers - Oath of Office:
By Alderperson Brock: Seconded by Alderperson Murtagh
RESOLVED, That the following Alderpersons be designated as Marriage Officers for
the year 2015 :
Alderperson Brock
Alderperson Clairborne Alderperson Murtagh
Alderperson McCollister Alderperson Fleming
Alderperson Smith Alderperson Kerslick
Alderperson Mohlenhoff Alderperson Martell
Carried Unanimously
4.2 Appointment of Acting and Alternate Acting Mayor
Mayor Myrick appointed Alderperson Mohlenhoff as Acting Mayor and Alderperson
McCollister as Alternate Acting Mayor with terms to expire December 31, 2015.
Mayor Myrick thanked both Acting Mayor Mohlenhoff and Alternate Acting Mayor
McCollister for their service during 2014 and for agreeing to serve another year, noting
that their leadership was called upon several times under stressful conditions when he
was out of town or unavailable.
He administered the oath of office to each of them.
4.3 Mayor’s State of the City Address:
Mayor Myrick presented his 2015 State of the City Address:
“The City of Ithaca municipal code dictates that the Mayor shall, at the beginning of
each year, address Common Council with “respect to the needs and resources of the
city, including such programs and proposals for the good of the city as he/she may wish
to recommend.”
January 7, 2015
2
The state of the City is strong.
2014 saw its fair share of challenges. At this time one year ago we were battling ice
jams with sandbags and backhoes. This summer saw difficult construction projects, a
tragic accident in the heart of our City, an IPD pursuit that ended with inflamed
tensions. And still, despite these challenges, we’ve made progress.
Our economy is growing. Our streets are safe. We’ve rescued ourselves from the
brink of a fiscal disaster. We’ve made necessary investments in our infrastructure. We
still have work to do.
We must continue to grow our economy - and make sure our economy works for
everyone. We must adopt a novel approach to an ongoing and serious drug abuse
problem. We must improve a fraught relationship between the police and the
community they serve. And we must continue to invest in our infrastructure.
What’s Working
Our economy is moving
Sale of unused City owned land generated over $300,000 in revenue and put
unused and valuable real estate back on the tax rolls and into productive use.
We’ve ushered in important private investments in Coltivare, Cayuga Green II, Stone
Quarry Apartments, Marriott Hotel, Rothschild Building renovations and the Lehigh
Valley House Condominiums - all receiving building permits and are under
construction.
Adoption of Collegetown area zoning has sparked a renaissance in that neighborhood.
A half dozen projects have been proposed for construction in 2015. Those projects will
soak up student demand for housing, greatly increase property tax revenue by investing
on the most valuable land in the city, and - thanks to the adoption of form districts -
improve the aesthetics of our community by replacing dilapidated housing stock with
attractive and appropriate construction.
What’s the result: The Ithaca Business Index is a metric maintained by Ithaca College
that measure the overall state of our economy. It factors in the number of job openings,
new building starts, retail sales and, most importantly the unemployment rate.
We ended 2014 with the single highest Business Index score on record.
And at the end of 2014 the Ithaca metro area had 70,700 jobs - the highest number ever
recorded.
Rescued ourselves from brink of fiscal emergency
Three years ago we were on the verge of a catastrophe. Our savings had been drawn
down each year, our taxes were rising well above any income gains, and our budget
had a yawning
$3 million budget deficit.
We’ve made hard choices. At times, unpopular choices. We streamlined, cut costs,
encouraged growth in the private sector, and pursued outside sources of funding
aggressively.
The result: we are on a firmer fiscal footing. In 2015 we will be able to invest directly in
more street paving and a 10% increase in the staffing of our police department - and
still the tax rate will come down.
Crime Rate Remains Steady
Our crime rate remains steady, and lower than our neighboring cities
in Upstate New York.
January 7, 2015
3
We’ve begun long overdue and major investments in our physical infrastructure
We’ve begun long overdue and major investments in our physical infrastructure -
rebuilding the water treatment plant, rebuilding the Commons, Old Elmira Road, bridges
and streets all over the City - in many cases bringing in millions in outside sources of
funding to complete the work.
What We Must Do
These successes do not obscure our failures. We know that we have work to do. We
face challenges and we must learn from our failures and adapt - if we’re going to
continue to thrive.
We must continue to grow our economy - and make sure the economy works for
everyone. We must adopt a novel approach to an ongoing and serious drug abuse
problem. We must improve a fraught relationship between the police and the
community they serve. And we must continue to invest in our infrastructure.
Economic Opportunity
Too many Ithacans are having a hard time making ends meet - and the growth we’ve
experienced has left too many behind.
Past policies have not ensured equal opportunities for growth.
A report by the US Conference of Mayor’s points out that, “if average income rises at a
faster pace than median income, it usually indicates that more and more income is being
concentrated among the richer households."
Economic wealth distribution since 2007 in the Ithaca area has been uneven with a shift
in wealth towards upper-income households. From 2005 to 2012 the mean household
income for the Ithaca area (Tompkins County) increased by 37% while the median
household income only increased by 15%.
Ithaca ranks 2nd out of all 363 metropolitan areas in this ratio change, meaning income
wealth is being shifted to upper income households at a faster rate in Ithaca than
almost anywhere else in the nation. Lower and middle income households are failing
to keep up with overall income growth.
So we must continue to create ladders of opportunity - and make sure everyone
has a rung on which to climb.
How do we do that?
1. Continuing to encourage the growth of good paying jobs - and provide skills so
that Ithacans are prepared to step into those jobs.
2. Continue to encourage housing growth - but make sure new growth fits with
our neighborhoods, is aesthetically appropriate, and provides housing
opportunities for all income levels.
We will continue to support a budding entrepreneurship ecosystem.
A successful entrepreneurship ecosystem supports local business at every level with
intellectual, physical and financial resources.
The Ithaca Generator gives grassroots opportunities to budding inventors
to make their idea a reality.
Rev Ithaca provides the space and mentorship to turn an idea and a product into a
successful and thriving small business.
January 7, 2015
4
Grants, loans and abatements through the IURA and Tompkins County IDA provide
the boost every business needs at its inception.
The City’s CIITAP abatement program
Our CIITAP abatement program has successfully incentivized the kind of development
we need - but it has caused concern that not enough community benefits are being
attained. It’s time to explore reforming the program and adopting an abatement policy
that incentivizes growth, benefits all segments of our community, and is consistent
with every community in the county.
To that end I will be asking the Tompkins County IDA to work with the City and our
partner municipalities to devise a policy that applies to everyone.
Continue to support Coltivare and the Hospitality Employment Training Program
We must continue to support Coltivare and the Hospitality Employment Training
Program. Our service sector provides secure employment and an entry into good,
middle class jobs.
Coltivare, the new venture from Tompkins Cortland Community College is a farm to
table bistro that functions as a real life learning laboratory for students in agriculture, the
culinary arts, marketing and management. This affordable and accessible education
will provide a boost into good paying and secure careers.
Housed at GIAC the Hospitality Employment Training Program is in its second year. It
provides residents 18-30 years old who are currently under-employed or unemployed a
path to a fulfilling career with a hotel, restaurant or spa. The program includes free
training and a paid internship in the area of front office, food and beverage, clerical,
maintenance, housekeeping, and management.
Lowering the Cost of Living
Gainful employment is only one indicator of economic well- being. The cost of living is
the other - and in Ithaca the cost of living is too high because the rents are too high and
the taxes are too high.
We must do everything within our power to make renting and owning a home in Ithaca
more affordable.
Rents are too high because supply is too limited. A vacancy rate of below 1 percent
means that competition for space is heated - and those with the highest incomes are
winning the competition.
Bringing down costs means increasing the supply of housing at every income level.
Apartments, condos, and homes are needed at both market and subsidized rates.
The changes to zoning in downtown and Collegetown have sparked growth
already, and when those homes open their doors we will see a stabilizing of rents.
Affordable housing projects at Breckenridge, Stone Quarry, and Hancock will also
increase opportunities for the working class to live in the heart of the city.
What we must do now is ensure that the new growth does not disrupt what is valuable
about our neighborhoods.
In 2015 we have two opportunities to accomplish this.
First, finally adopt a comprehensive plan that will inform the future of growth and
preservation in our City. Second, adopt Collegetown Form Standards that will ensure
that new growth is aesthetically appropriate.
January 7, 2015
5
Reforming our Approach to Drugs
The forty year old war on drugs has been costly and ineffective. A national strategy
that’s put millions of people - disproportionately men of color - in prison has done
nothing to reduce usage.
Across the country and here in Ithaca the effect of that failure is felt acutely. Abuse
of drugs has led to overdoses, property crimes, loss of productivity, and the tearing
apart of families.
It’s time for a new approach to drug policy - an approach that’s based in reason, logic,
and effective results. It’s time for an approach that treats the problem of drugs as a
problem of public health.
To that end I’ve been working behind the scenes with the Drug Policy Alliance, a
national non-profit specializing in policy reform and Bill Rusen the Executive Director of
Cayuga Addiction Recovery Services for the last seven months.
I’ve asked Mr. Rusen to chair a large committee of community stakeholders across all
sectors. Law enforcement, healthcare, education, social services, non-profits and the
private sector. That committee has worked earnestly and without publicity for months.
Together they’ve created the groundwork for an approach that will break drug policy
into four pillar areas: law enforcement, treatment, prevention and harm reduction.
In the coming months they’ll be asking for more community involvement.
Roundtables, surveys and community meetings will elicit input from the people most
impacted by the drug trade, drug abuse, and the war on drugs.
This spring they will deliver to us a comprehensive set of policy
recommendations that, if adopted, will reduce the impact of drug abuse on our
community.
Police and Community
Ithaca remains one of the safest cities in the country and the excellence and
professionalism of Ithaca Police Department is a large reason for that security.
But relations between the department and some segments of the community are
strained.
On August 10th of this year an Ithaca Police officer drew his weapon following a
chase with several young black teens. The incident has drawn a great deal of
community concern.
This concern is warranted - particularly in a larger context that includes Michael
Brown’s death in Ferguson, Missouri, Eric Gardner’s death in New York City, the
unrest around the country following grand jury decisions not to prosecute officers,
officers involved in those shootings and a long history of violence and mistrust between
the police and the black community.
After meeting repeatedly with parents, teens, religious leaders, members of the
Common Council, community leaders, peers in other communities, reviewing the latest
literature and working closely with Chief John Barber, I developed an eight point plan
for excellence in policing.
Those points include:
1- Cameras on officers and in cars
2 - City Residency Requirement
3 - Community Action Team
4 - Downtown Outreach Social Worker
5 - Opening a district office on the west end
6 - Full review of all policies and procedures
7 - Ten percent increase in police staffing
8 - Improved community outreach programming
January 7, 2015
6
Implementation of these points are all proceeding, and will undoubtedly establish
trust, increase accountability, and improve outcomes. But no one single plan can
repair a problem so complex and longstanding. We must all; civic leaders, City staff,
community members, and police officers, commit ourselves every day to improving
this important relationship.
Highest Quality Infrastructure and Service Delivery
We must do all of these things - but never lose sight of what our core purpose as a City
government. We must deliver the highest quality infrastructure and service delivery.
Clean water, safe neighborhoods, smooth roads, fast response times.
If we provide these things than Ithacans can build lives of purpose and
satisfaction for themselves and their families.
Without them, we don’t have a City worth living in.
High quality infrastructure requires investment. It requires novel thinking. And it
requires construction dust.
We’ll make that investment this year by putting hundreds of thousands of dollars into
street paving. 2015 will be the year of asphalt. Our streets will get repair that is long
overdue - and we must use every communication channel available to us to get the
word out about disruption.
We’ll also be finishing the Commons in 2015. Delayed in 2014 because of an
unbelievably complex set of underground utilities, a lack of cooperation from a utility
service provider, and the tragic accident at Simeon’s - we have made completing the
work and helping businesses through the construction a priority.
Once finished the Commons will be the jewel of upstate New York. A beautiful place to
live and work, and a destination for tourists and their dollars.
We’ve used novel thinking in creating our sidewalk and stormwater utility districts.
Funded not by taxes - but by fees - these districts will allow us to make larger
investments in infrastructure repair while more fairly apportioning the costs of these
upgrades to large commercial properties and non- profits.
This year will also see the completion of Old Elmira Road, the Waterfront Trail,
pedestrian enhancements at crucial intersections all over the City, and the continuation
of the largest infrastructure project in the City of Ithaca’s history - the rebuild of the
water treatment plant. It is an appropriately ambitious agenda, and we will accomplish
it all with the stewardship of Council, the expertise of the Board of Public Works, and
the excellent leadership of Superintendent Mike Thorne and his team in the Department
of Public Works.
Conclusion
The State of the City is strong - but as always our success is fragile. We’ve seen how it
can be interrupted by acts of nature, or acts of violence. The stability of a neighborhood
threatened by an ungodly cold and a rush of water. An uneasy calm erupts after a late
night stop. Our sense of security shattered when a hole is ripped in the heart of the City
in one terrible instant.
But as Dostoyevsky knew,
‘the darker the night,
the brighter the stars
the deeper the grief,
the closer is God!’
Like the stars shining brightly against the darkness, our strength is revealed
by our ability to weather hardship.
January 7, 2015
7
Our strength is revealed by Alderperson Mohlenhoff, over 100 volunteers and city staff
working around the clock filling and delivering sandbags to protect our neighbors’
homes from flooding.
Our strength is revealed by a community and a police department that does not turn
our backs on each other, does not draw lines in the sand and does not retreat from
dialogue in difficult times - but continues to engage and talk no matter how fraught
the conversation.
Our strength is revealed by a community-wide effort to lift the family of the late Amanda
Bush, taken from us too soon. Their philanthropy, their love, and their support.
Our strength is undeniable - and if we invest, if we grow in a way that benefits
everyone, if we lead the way with new approaches to old problems, if we make the hard
choices and if we bring Ithacans together - the state of the City of Ithaca will continue to
be strong.”
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
Joel Harlan, Town of Newfield, shared his ideas on economic development and
construction in downtown.
PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR:
Mayor Myrick responded to Mr. Harlan’s suggestion of an underground utility tunnel and
how utility repairs will be more efficient and less disruptive with the new Commons
design.
Alderperson McGonigal complimented the Mayor on an excellent State of the City
Address and stated that he is looking forward to working on the CIITAP policy. He
stated that one of his goals is to promote the use of local labor on development projects.
He further highlighted the tragedy in Danby last week involving a local man barricaded
in his home while Tompkins County Sheriff Deputies tried to serve him with a warrant.
He noted that a husband and father was lost in that incident, and the family is now
homeless. He encouraged people to make contributions to the Danby Federated
Church to assist the family and also noted that a benefit dinner is being planned in the
upcoming weeks.
CONSENT AGENDA ITEMS:
8.1 Finance/Controller - Designation of Official Newspaper - Resolution
By Alderperson Smith: Seconded by Alderperson Mohlenhoff
RESOLVED, That, pursuant to Section C-113 of the City Charter, the Ithaca Journal be
and is hereby designated as the official newspaper of the City of Ithaca for the year
2015.
Carried Unanimously
8.2 Finance/Controller - Collateral to Secure Deposits - Resolution
By Alderperson Smith: Seconded by Alderperson Mohlenhoff
RESOLVED, That the collateral deposited by the Tompkins Trust Company, JP Morgan
Chase and M & T Bank as reported, be approved as to form and sufficiency.
Carried Unanimously
8.3 Finance/Controller - Public Employee's Blanket Bond - Resolution
By Alderperson Smith: Seconded by Alderperson Mohlenhoff
RESOLVED, That pursuant to Section 11 of the Public Officers Law, the following Bond,
which is on file in the Office of the City Clerk, be, and is hereby approved in all respects
for the year 2015.
Faithful Performance Blanket Bond Coverage by
Travelers Insurance Company $100,000
Carried Unanimously
January 7, 2015
8
8.4 Finance/Controller - Designation of Common Council Meetings - Resolution
By Alderperson Smith: Seconded by Alderperson Mohlenhoff
RESOLVED, That the regular meetings of the Common Council, for the year 2015, be
held at 6:00 P.M., on the first Wednesday of each month, in the Common Council
Chambers, at City Hall, 108 East Green Street, Ithaca, New York, unless otherwise
determined by Common Council.
Carried Unanimously
8.5 Finance/Controller - Designation of Official Depositories - Resolution
By Alderperson Smith: Seconded by Alderperson Mohlenhoff
RESOLVED, That pursuant to Section C-34 of the City Charter, the Tompkins Trust
Company, the JP Morgan Chase Bank and the M & T Bank be, and they are, hereby
designated as the official depositories of all City Funds for the year 2015.
Carried Unanimously
8.6 Common Council - Approval of 2015 Travel Policy - Resolution
By Alderperson Smith: Seconded by Alderperson Mohlenhoff
WHEREAS, there is to be held during the coming official year a) the New York State
Conference of Mayors Annual Meeting and Training School; b) the New York State
Conference of Mayors Fall Training School for Fiscal Officers and Municipal Clerks, and
other national and regional conferences as applicable, and
WHEREAS, it is determined by the Mayor and Common Council that attendance by
certain municipal officials and City employees at one or more of these meetings,
conferences or schools benefits the municipality; now, therefore, be it
RESOLVED, That Common Council, the Mayor and City employees are hereby
authorized to attend said conferences or other applicable training events during 2015,
and be it further
RESOLVED, That the cost for all events must be derived from existing 2015
Departmental Budgets with appropriate approvals obtained as applicable, and be it
further
RESOLVED, That this resolution shall take effect immediately.
Carried Unanimously
8.7 Authorization to Adjust FY 2015 Sidewalk Improvement District
Assessment Fees
By Alderperson Smith: Seconded by Alderperson Mohlenhoff
WHEREAS, the Fiscal Year 2015 budget includes a local law that assesses each
property in the City located in one of five Sidewalk Improvement Districts (each an
“SID”) for the benefit received by the property from sidewalk construction and repair
occurring in the district, and
WHEREAS, the data on which the assessments are based is possessed and
maintained by the Tompkins County Department of Assessment, and
WHEREAS, the sidewalk assessment fees will be included as a separate line item on
the tax bills mailed by the City, and
WHEREAS, due to incorrect data or other clerical error, from time to time an incorrect
assessment may be entered with respect to a parcel, and
WHEREAS, Section 556 of the Real Property Tax Law authorizes a governing body to
delegate the payment of benefit assessment refunds due to these errors, and
WHEREAS, the Tompkins County Director of Assessment has requested that the City
designate the City Chamberlain as the official to whom such delegation is made, and
January 7, 2015
9
WHEREAS, it is the opinion of the Common Council that the delegation to the City
Chamberlain would be more efficient in processing said refunds and therefore beneficial
to the public; now therefore be it
RESOLVED, That the City Chamberlain shall review and discuss refund
recommendations with the Tompkins County Director of Assessment, and be it further
RESOLVED, That the City Chamberlain is hereby authorized to make payments of any
refunds of less than $500 as if the Common Council had performed an audit in
compliance with Paragraphs 1-7 of Section 565 of the Real Property Tax Law, and be it
further
RESOLVED, That any refund of $500 or more must be approved by the Common
Council pursuant to Paragraph 8(b) of Section 556 of the Real Property Tax Law, and
be it further
RESOLVED, That the City Chamberlain shall transmit on or before the 15th day of each
month a report to the Common Council of all the refunds processed during the previous
month, and be it further
RESOLVED, That this resolution shall only be in effect during the calendar year 2015.
Carried Unanimously
8.8 YB - Approval of Capital Project for Repairs and Upgrades to Stewart Park
Large Pavilion Bathrooms
By Alderperson Smith: Seconded by Alderperson Mohlenhoff
WHEREAS, the restrooms in the Large Pavilion at Stewart Park are in need of repair
and were closed and unavailable to the public last summer, and
WHEREAS, City staff are recommending repairs as well as improvements so that they
are fully accessible, replacement of antiquated fixtures along with structural and other
upgrades, and
WHEREAS, these restrooms are needed by both the Stewart Park Day Camp and the
general public, and
WHEREAS, funding is available that will cover a portion of the cost as follows:
Friends of Stewart Park/County Tourism Grant: $20,000.00
Town of Ithaca (Additional funding for Waterfront Parks and Recreation
Facilities): $28,000.00, and
WHEREAS, the estimated cost of this project is about $78,000.00; now, therefore, be it,
RESOLVED, That Common Council hereby establishes Capital Project #817 in the
amount not to exceed $78,000 in order to complete repairs and upgrades of the Stewart
Park Large Pavilion restrooms to be funded as follows:
Friends of Stewart Park/County Tourism Grant: $20,000.00
Town of Ithaca (Additional funding for Waterfront Parks
and Recreation Facilities): $28,000.00
Capital Reserves #11 Parks: $30,000.00
Carried Unanimously
8.9 DPW - Recommendation to Establish a Capital Project and Funding to
Replace the Water Main on Willard Way
By Alderperson Smith: Seconded by Alderperson Mohlenhoff
WHEREAS, the City’s water main on Willard Way is 80 years old, originally constructed
in 1935, supplies eleven (11) customer water services and consists of 570-linear feet of
4-inch diameter cast iron pipe through which less than 100-gpm of water can be
supplied, indicating the pipe is very heavily tuberculated (lots of lumpy mineral and iron
January 7, 2015
10
nodules deposited on pipe walls) with a substantially reduced cross section, typical of a
pipe long past its replacement due date, and
WHEREAS, the City DPW Water & Sewer Division conducted a fire flow test on the
water main on Willard Way upon request received from engineers for 230 Willard Way
designing a fire line connection and sprinkler systems for fire protection to be installed,
and
WHEREAS, the fire flow test conducted showed that the existing water main on Willard
Way was not capable of supplying adequate fire flow to either the existing municipal fire
hydrant, or private fire service lines to meet the current and future needs of customers
on Willard Way, and
WHEREAS, cleaning or lining the existing 4-inch diameter water main is not an option,
since a minimum of a new 6-inch diameter water main will be necessary to enable fire
flows meeting current standards, and
WHEREAS, City Department of Public Works Water & Sewer Division staff have
estimated the maximum cost for replacement to be $80,000, and
WHEREAS, City Department of Public Works Water & Sewer Division staff estimates
crews could complete this work in six to eight weeks during the time frame from late Fall
2014 to early Spring 2015, and
WHEREAS, City crews have determined that this project is a priority and previously
approved Water and Sewer projects will be delayed so this project can be completed,
and
WHEREAS, monies from Capital Project #518 and #522 can be used to supply the
needed funds for this project, and
WHEREAS, that the Board of Public Works unanimously resolved at the November 10,
2014, meeting to recommend that Common Council establish a Capital Project with
funding not to exceed $80,000 to facilitate the construction of a replacement water main
on Willard Way; now therefore be it
RESOLVED, That Common Council hereby establishes Capital Project #526 with
funding not to exceed $80,000 to facilitate the construction of a replacement water main
on Willard Way, and be it further
RESOLVED, That monies needed for said project shall be derived from the transfer of
remaining funds in Capital Project #518 and #522, in an amount not to exceed $80,000
to Capital Project #526 Water Main Replacement on Willard Way.
Carried Unanimously
CITY ADMINISTRATION COMMITTEE:
9.1 Approval of Carey Building Associates, LLC Easement over 320-324 E.
Martin Luther King Jr./E. State Street (tax parcel #69.-1-6.2)
By Alderperson Mohlenhoff: Seconded by Alderperson McCollister
WHEREAS, the City of Ithaca owns a parcel of land, 69.-1-6.2, located at 320-324 E.
Martin Luther King Jr./E. State Street (“the City Property”), on which part of a City
parking lot is located, and
WHEREAS, the City Property shares its western lot line with 314-320 E. Martin Luther
King Jr./E. State Street (“CBA Property”), which is owned by Carey Building Associates,
LLC (“CBA”), and
WHEREAS, the eastern edge of the existing improvement on the CBA Property is on
the property line, and a portion of the improvement encroaches onto the City Property,
and
January 7, 2015
11
WHEREAS, CBA is undertaking the construction of five additional stories on top of the
existing improvements on the CBA Property, which requires the construction of footers
that will encroach on the City Property, and
WHEREAS, the CBA Property possesses a purported twelve foot wide right of way over
the City Property immediately adjacent to the shared property line for the purpose of
ingress and egress, and
WHEREAS, CBA desires to install larger windows on the eastern face of the new
construction, and the Planning Board has expressed its desire that CBA do so, but state
fire code requires a gap between potential buildings of at least ten feet for the windows
in question, and
WHEREAS, the fire code distance requirement would be satisfied by the granting of an
easement from the City to CBA of the air rights over the right of way, and
WHEREAS, on August 18, 2014, the Board of Public Works determined that the City
Property is not needed for City of Ithaca public works purposes, and
WHEREAS, CBA has agreed to pay fair market value of $55,000 for the encroachment
and air rights, now therefore be it
RESOLVED, That Common Council authorizes the Mayor, upon the advice of the City
Attorney, to execute such documents as necessary to grant the above-described
permanent easement in such form as substantially conforming to the attached
agreement.
City Attorney Lavine explained proposed changes to the agreement which clarifies that
the granted utility easement is to facilitate the underground electrical service.
Amending Resolution
By Alderperson McGonigal: Seconded by Alderperson Kerslick
RESOLVED, That Common Council approves the amendments to the permanent
easement agreement between the City of Ithaca and Carey Building Associates, LLC as
described and circulated by the City Attorney.
Carried Unanimously
Main Motion as Amended
A vote on the Main Motion as Amended resulted as follows:
Carried Unanimously
9.2 DPW - Lake Street Public Plaza Enhancements
By Alderperson Mohlenhoff: Seconded by Alderperson Murtagh
WHEREAS, Currently the City of Ithaca Department of Public Works has undertaken a
project to rehabilitate Lake Street Bridge over Fall Creek, and
WHEREAS, the project for the rehabilitation of the Lake Street Bridge Over Six Mile
Creek, P.I.N. 375534 (“the Project”) is eligible for funding under Title 23 U.S. Code as
administered by the Federal Highway Administration (FHWA) that provides for
reimbursement of up to 80% of expenditures incurred by the City for rehabilitation of the
bridge, and
WHEREAS, the City of Ithaca established Capital Project #791 for the Project in the
amount of $1,464,250, and
WHEREAS, Department of Public Works Staff recommends Lake Street Public Plaza
safety improvements and aesthetic enhancements (the “Enhancements”) to the existing
public plaza located at Southeast corner of Lake Street Bridge over Fall Creek, and
WHEREAS, the Enhancements are not included in the project budget and is not eligible
for reimbursement by the FHWA, and
WHEREAS, the estimated additional cost to design the Enhancements is $30,000, and
January 7, 2015
12
RESOLVED, That Common Council authorizes Public Works Staff to undertake the
design of said “Enhancements” as part of Lake Street Bridge Rehabilitation Project, and
therefore be it further
RESOLVED, That Common Council here by approves an increase of Capital Project
#791, Lake Street Bridge Rehabilitation Project by an amount not to exceed $30,000,
for a total project authorization of $1,494,250, and be it further
RESOLVED, That funds needed for said amendments shall be derived from the
issuance of Serial Bonds with possible reimbursement from various Federal, State or
local aid sources.
Alderperson Mohlenhoff clarified that only the design costs of the project are being
approved now as the City is awaiting word of potential outside funding sources for the
construction of this project.
Alderperson McGonigal requested that the engineers strive for a “bare bones” design
with optional alternatives so Common Council can make decisions based on how much
money it wants to spend on this project. Alderperson McCollister shared remarks made
by the Natural Areas Committee and City Forester Jeanne Grace in which they believe
some of the landscaping work can be done in-house and thereby saving money. Bridge
Engineer Gebre confirmed that he is pursuing all ideas for savings through in-house
work.
Alderperson Brock shared her concerns regarding contamination, testing, and
remediation of the soil in the area. She stated that the plaza enhancements should be
designed as an add/drop component of the project. She further questioned how the
area would be monitored for illegal swimming activities as the enhancements will make
the site more attractive and might encourage more swimmers. She noted that the
fatalities that have occurred at that site over the years demonstrate the inherent danger
of the area.
Further discussion followed on the use of approximately $11,000 from the Sidewalk
Improvement District and the criteria of eligibility for parks and natural areas.
Alderperson Fleming voiced her preference that the area be preserved more as a wild
natural area and less as a developed and groomed park.
A vote on the Resolution resulted as follows:
Carried Unanimously
Mayor Myrick thanked Bridge Engineer Gebre for the initiative he has taken to seek
improvements to this iconic area and tourist destination in the City, instead of simply
focusing on the replacement of the bridge.
9.3 Adoption of Management Compensation Plan
By Alderperson Mohlenhoff: Seconded by Alderperson Smith
WHEREAS, the City of Ithaca wishes to implement a compensation structure for
managerial employees that is based on an objective job evaluation system, achieves
both internal and external equity, and addresses existing compression issues, and
WHEREAS, Public Sector Human Resources Consultants LLC and the Human
Resources Department have recommended the adoption of a point factor evaluation
system and corresponding compensation structure for managerial employees, and
WHEREAS, in recognition of the substantial additional responsibilities taken on by the
City Clerk as a result of that position’s oversight of the consolidated Department of
Public Information and Technology, which consolidation occurred after Public Sector
Human Resources Consultants LLC recommended a compensation structure for
managerial employees, Common Council now wishes to remove the position of City
Clerk from the Managerial Compensation Plan in order more accurately to account for
the duties resulting from that departmental consolidation; now therefore, be it
January 7, 2015
13
RESOLVED, That the 2015 Managerial Compensation Plan and the point factor
evaluation system be adopted and implemented effective retroactive to January 1,
2015, in accordance with the implementation schedule recommended by the Human
Resources Department in the attached Memorandum dated October 22, 2014, and be it
further
RESOLVED, That the option to cash-in unused annual leave shall be suspended for
managerial employees in 2015 and 2016, and the funds budgeted for this purpose shall
be reallocated toward the implementation of the Managerial Compensation Plan;
provided, however, that any managerial employee who does not receive any salary
increase throughout the full implementation period of the compensation study shall
retain the option to cash in annual leave, and be it further
RESOLVED, That new employees shall be hired at the first salary step applicable to
their position, unless the Mayor, based on the academic and experiential credentials of
the candidate, shall deem a different salary step more appropriate, with subsequent
step movement occurring annually for each employee on the employee's anniversary
date in the employee's current job title, until the employee reaches the maximum step,
at which time step movement shall cease, and be it further
RESOLVED, That employees who are promoted to or within the Managerial
Compensation Plan shall be assigned to the lowest salary step that results in a salary
increase, with subsequent step movement occurring annually for each employee on the
employee’s anniversary date in the employee’s current job title, until the employee
reaches the maximum step, at which time step movement shall cease, and be it further
RESOLVED, That with the exception of current employees whose current salaries are
being grandfathered, no employee shall earn a salary greater than the maximum step
for the employee’s position, and be it further
RESOLVED, That notwithstanding any other provision of this Resolution, the position of
City Clerk shall be omitted from the 2015 Managerial Compensation Plan and the point
factor evaluation system, and shall be compensated at a level indexed to Grade 10 of
the 2015 Managerial Compensation Plan, with step assignments and step progression
according to the same implementation schedule as implemented for said Plan, and be it
further
RESOLVED, That Common Council hereby directs the City Controller to release funds
placed in Restricted Contingency as part of the 2015 Authorized Budget for the
Management Compensation Plan and allocate said funds to various Departments as
applicable.
Mayor Myrick cited the memo he distributed to Council members regarding proposed
changes to the vacation buy-out component of the plan. He explained that the
proposed new language of the Resolution would allow employees not receiving
increases to continue to buy-out their vacation time under certain conditions.
Amending Resolution:
By Alderperson Murtagh: Seconded by Alderperson Smith
RESOLVED, That the second Resolved clause be amended to read as follows:
“RESOLVED, That the option to cash-in unused annual leave shall be suspended for
managerial employees in 2015 and 2016, and the funds budgeted for this purpose shall
be reallocated toward the implementation of the Managerial Compensation Plan;
provided, however, that any managerial employee who does not receive any salary
increase throughout the full implementation period of the compensation study shall
retain the option to cash in annual leave, is scheduled to receive a smaller cumulative
increase across the full term of the five steps of the Managerial Compensation Plan (an
employee’s “Cumulative Increase”) than the value of cashed-in annual leave that would
have been permitted (“Cash-In Eligibility”) absent the suspension enacted by this
paragraph shall retain the option to cash in annual leave up to a cumulative total
January 7, 2015
14
amount (for 2015 and 2016 combined) equal to the difference between that employee’s
Cash-In Eligibility and her or his Cumulative Increase, and be it further”
Carried Unanimously
Alderperson Brock voiced her concern that the structure of the plan does not reward
seniority. Eventually, employees in the same title/grade are compensated at the same
base salary regardless of seniority.
Alderperson McGonigal clarified that the adoption of this Resolution only funds the plan
through 2015 and anything beyond that would require a further action of Common
Council.
A vote on the Resolution resulted as follows:
Carried Unanimously
Mayor Myrick thanked Human Resources Director Michell Nunn and her staff for the
development of this plan, along with City Controller Thayer, City Attorney Lavine, and
Chief of Staff Sutherland for their contributions.
9.4 A Resolution Authorizing the Issuance of $6,042,460 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 Mohlenhoff: Seconded by Alderperson McCollister
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 $6,042,460 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 class of
objects or purposes, including in each case incidental improvements, equipment,
machinery, apparatus, appurtenances, furnishings and/or expenses in connection
therewith, are as follows:
a) Construction of and reconstruction to various streets throughout and in and for
said City, at a maximum estimated cost of $204,000. It is hereby determined that
the plan for the financing of such class of objects or purposes shall consist of the
issuance of $204,000 of the $6,042,460 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 class of objects or purposes is 15 years,
pursuant to subdivision 20(c) of paragraph a of Section 11.00 of the Local
Finance Law;
b) Reconstruction of and construction of improvements to the Seneca Street
parking garage (Phase 4), in and for said City, at a maximum estimated cost of
$1,080,000. It is hereby determined that the plan for the financing of such
specific object or purpose shall consist of the issuance of $1,080,000 bonds of
the $6,042,460 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
January 7, 2015
15
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;
c) The purchase of various vehicles and equipment items, at an aggregate
maximum estimated cost of $913,460, allocated as follows:
(i) Purchase of equipment for maintenance purposes, each item of which
costs $30,000 or more, for said City, at an aggregate maximum estimated
cost of $812,460. It is hereby determined that the plan for the financing of
such class of objects or purposes shall consist of the issuance of
$812,460 bonds of the $6,042,460 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 class of objects or purposes
is 15 years, pursuant to subdivision 28 of paragraph a of Section 11.00 of
the Local Finance Law;
(ii) Purchase of police cars to replace those in service for one year or more,
for said City, at a maximum estimated cost of $51,000. It is hereby
determined that the plan for the financing of such class of objects or
purposes shall consist of the issuance of $51,000 bonds of the $6,042,460
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 class of objects or purposes is 3 years, pursuant to
subdivision 77(1st) of paragraph a of Section 11.00 of the Local Finance
Law; and
(iii) Purchase of equipment for maintenance purposes, each item of which
costs more than $15,000 but less than $30,000, for said City, at an
aggregate maximum estimated cost of $50,000. It is hereby determined
that the plan for the financing of such class of objects or purposes shall
consist of the issuance of $50,000 bonds of the $6,042,460 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 class of
objects or purposes is 15 years, pursuant to subdivision 28 of paragraph a
of Section 11.00 of the Local Finance Law.
d) Purchase of a replacement pumper fire-fighting vehicle, for said City, including
incidental equipment, at a maximum estimated cost of $550,000. It is hereby
determined that the plan for the financing of such specific object or purpose shall
consist of the issuance of $550,000 bonds of the $6,042,460 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 20 years, pursuant to subdivision 27 of paragraph a of Section 11.00 of the
Local Finance Law;
e) Additional costs for the design for the replacement of the Brindley Street Bridge
(Phase 2), in and for said City, at a maximum estimated cost of $303,000. It is
hereby determined that the plan for the financing of such specific object or
purpose shall consist of the issuance of $303,000 bonds of the $6,042,460 bonds
of said City authorized to be issued pursuant to this bond resolution; provided,
however, that to the extent that any Federal or State grants-in-aid are received
for such specific object or purpose, the amount of bonds to be issued pursuant to
this resolution shall be reduced dollar for dollar. It is hereby determined that the
period of probable usefulness of the aforesaid specific object or purpose is 5
years, pursuant to subdivision 62(2nd) of paragraph a of Section 11.00 of the
Local Finance Law;
f) Study of City-wide drainage and dredging issues, in and for said City, at a
maximum estimated cost of $153,000. It is hereby determined that the plan for
the financing of such specific object or purpose shall consist of the issuance of
$153,000 bonds of the $6,042,460 bonds of said City authorized to be issued
pursuant to this bond resolution. It is hereby determined that the period of
January 7, 2015
16
probable usefulness of the aforesaid specific object or purpose is 5 years,
pursuant to subdivision 62(2nd) of paragraph a of Section 11.00 of the Local
Finance Law;
g) Six Mile Creek Wall Replacement at South Cayuga Street, in and for said City,
including design, demolition and reconstruction of reinforced retaining wall, at a
maximum estimated cost of $100,000. It is hereby determined that the plan for
the financing of such specific object or purpose shall consist of the issuance of
$100,000 bonds of the $6,042,460 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;
h) Purchase of an online application software system for Human Resources, for
said City, at a maximum estimated cost of $51,000. It is hereby determined that
the plan for the financing of such specific object or purpose shall consist of the
issuance of $51,000 bonds of the $6,042,460 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 5 years,
pursuant to subdivision 32 of paragraph a of Section 11.00 of the Local Finance
Law;
i) Phase II of Comprehensive Master Plan for development, for said City, at a
maximum estimated cost of $83,000. It is hereby determined that the plan for the
financing of such specific object or purpose shall consist of the issuance of
$83,000 bonds of the $6,042,460 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 5 years,
pursuant to subdivision 64 of paragraph a of Section 11.00 of the Local Finance
Law;
j) Heating, ventilating and air-conditioning upgrades and improvements for the
Police Department Building, including design and asbestos abatement,
replacement of air handling units, air cooled condensing unit and all pneumatic
controls, in and for said City, at a maximum estimated cost of $120,000. It is
hereby determined that the plan for the financing of such specific object or
purpose shall consist of the issuance of $120,000 bonds of the $6,042,460 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 13 of paragraph a of Section
11.00 of the Local Finance Law;
k) Replacement and upgrade of storage and related elements of the computer data
network, including hardware and software, in and for said City, at a maximum
estimated cost of $121,000. It is hereby determined that the plan for the
financing of such specific object or purpose shall consist of the issuance of
$121,000 bonds of the $6,042,460 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 class of objects or purposes is 5 years,
pursuant to subdivision 32 of paragraph a of Section 11.00 of the Local Finance
Law;
l) Replacement of roof at the Streets and Facilities Building, in and for said City, at
a maximum estimated cost of $231,000. It is hereby determined that the plan for
the financing of such specific object or purpose shall consist of the issuance of
$231,000 bonds of the $6,042,460 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) of paragraph a of Section 11.00 of the Local
Finance Law;
January 7, 2015
17
m) Reconstruction of 500 Block of South Plain Street, including new curb and
drainage structures, in and for said City, at a maximum estimated cost of
$98,000. It is hereby determined that the plan for the financing of such specific
object or purpose shall consist of the issuance of $98,000 bonds of the
$6,042,460 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;
n) Design and construction of the Southside Community Center Building
improvements, including basement water proofing, concrete wall repairs and
heating, ventilating and air-conditioning control system upgrades, in and for said
City, at a maximum estimated cost of $105,000. It is hereby determined that the
plan for the financing of such specific object or purpose shall consist of the
issuance of $105,000 bonds of the $6,042,460 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) of paragraph a of Section 11.00 of the Local
Finance Law;
o) Cass Park pool filter and gutter coating replacement, consisting of the
replacement of dual filters in the large pool filter house and sealing gutters in the
large pool, in and for said City, at a maximum estimated cost of $185,200. It is
hereby determined that the plan for the financing of such specific object or
purpose shall consist of the issuance of $185,200 bonds of the $6,042,460 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 61 of paragraph a of
Section 11.00 of the Local Finance Law;
p) The City’s share of the cost of participation in a City/County of Tompkins/Cornell
Housing Fund, for the specific object or purpose of joint development of
affordable housing units (Phase 1), in and for said City, at a maximum estimated
cost of $102,000. It is hereby determined that the plan for the financing of such
specific object or purpose shall consist of the issuance of $102,000 bonds of the
$6,042,460 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 41 of
paragraph a of Section 11.00 of the Local Finance Law;
q) Construction and/or purchase of a storage unit for the Stewart Park Carousel, in
and for said City, at a maximum estimated cost of $40,800. It is hereby
determined that the plan for the financing of such specific object or purposes
shall consist of the issuance of $40,800 bonds of the $6,042,460 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 11(a) of paragraph a of
Section 11.00 of the Local Finance Law;
r) Purchase and installation of additional parking pay stations, parking equipment
and/or electronic meter heads to replace or supplement City parking garages
equipment/meters, in and for said City, at a maximum estimated cost of
$102,000. It is hereby determined that the plan for the financing of such specific
object or purpose shall consist of the issuance of $102,000 bonds of the
$6,042,460 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 class of objects or purposes is 5 years, pursuant to subdivision 50 of
paragraph a of Section 11.00 of the Local Finance Law;
January 7, 2015
18
s) Transportation improvements, including replacing the Sears Street Pedestrian
Bridge, replacing and enhancing the railing along Cascadilla Creek, and
pedestrian and bicycle improvements at various City intersections, in and for said
City, at a maximum estimated cost of $750,000. It is hereby determined that the
plan for the financing of such class of objects or purposes shall consist of the
issuance of $750,000 bonds of the $6,042,460 bonds of said City authorized to
be issued pursuant to this bond resolution; provided, however, that to the extent
that any Federal or State grants-in-aid are received for such class of objects or
purposes, the amount of bonds to be issued pursuant to this resolution shall be
reduced dollar for dollar. It is hereby determined that the period of probable
usefulness of the aforesaid class of objects or purposes is 10 years, pursuant to
subdivision 90, based upon subdivisions 10 and 24, of paragraph a of
Section 11.00 of the Local Finance Law; and
t) Transportation enhancements on West Martin Luther King Jr. Street, including a
mid-block pedestrian crossing, reducing the number of traffic lanes, and
realigning some intersections, in and for said City, at a maximum estimated cost
of $750,000. It is hereby determined that the plan for the financing of such
specific object or purpose shall consist of the issuance of $750,000 bonds of the
$6,042,460 bonds of said City authorized to be issued pursuant to this bond
resolution, provided, however, that to the extent that any Federal or State grants-
in-aid are received for such specific object or purpose, the amount of bonds to be
issued pursuant to this resolution shall be reduced dollar for dollar. 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.
Section 2. The aggregate maximum estimated cost of the aforesaid objects or
purposes is $6,042,460, and the plan for the financing thereof is by the issuance of the
$6,042,460 serial bonds authorized by Section 1 hereof, allocated to each of the objects
or purposes in accordance Section 1 hereof.
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
January 7, 2015
19
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.
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.
Discussion followed on the floor regarding Section 1, subsection (s) – “Transportation
improvements” regarding the replacement of the Sears Street Bridge. Alderperson
Brock noted that this project has not been approved by Common Council. The action
taken in June, 2014 was to approve the creation of a capital project in order to apply for
grant funding for this project. City Controller Thayer explained that this Bond Resolution
is simply an authorization that will allow the City to bond for this project should it be
approved in the future. He noted that the City only issues bonds twice a year, typically
in January and August. If this authorization was delayed until August the project, if
approved, would be seriously off schedule.
Alderperson Smith noted that the City did receive the grant funding for this project.
Questions arose as to whether the Cascadilla Creek retaining wall restoration work was
included in this project.
Amending Resolution
By Alderperson McGonigal: Seconded by Alderperson Brock
RESOLVED, That Section 1, Subsection (s) be amended to read as follows:
“s) Transportation improvements, including replacing the Sears Street Pedestrian
Bridge, replacing and enhancing the railing along Cascadilla Creek, and
pedestrian and bicycle improvements at various City intersections, in and for said
City, at a maximum estimated cost of $750,000. It is hereby determined that the
January 7, 2015
20
plan for the financing of such class of objects or purposes shall consist of the
issuance of $750,000 bonds of the $6,042,460 bonds of said City authorized to
be issued pursuant to this bond resolution; provided, however, that it receive
prior approval of Common Council; and that to the extent that any Federal or
State grants-in-aid are received for such class of objects or purposes, the
amount of bonds to be issued pursuant to this resolution shall be reduced dollar
for dollar. It is hereby determined that the period of probable usefulness of the
aforesaid class of objects or purposes is 10 years, pursuant to subdivision 90,
based upon subdivisions 10 and 24, of paragraph a of Section 11.00 of the Local
Finance Law; and”
Carried Unanimously
Further discussion occurred on Section 1, subsection (t) – “Transportation
enhancements” regarding West State/Martin Luther King Jr Street and subsection (i) –
Phase II of the Comprehensive Master Plan.
The question of the adoption of the foregoing resolution as amended was duly put to a
vote on roll call, which resulted as follows:
Alderperson Brock __Aye______ Alderperson McGonigal __Aye____
Alderperson Clairborne __Absent ___ Alderperson Murtagh __Aye____
Alderperson McCollister __Aye______ Alderperson Fleming __Aye____
Alderperson Smith __Aye______ Alderperson Kerslick __Aye____
Alderperson Mohlenhoff __Aye______ Alderperson Martell __Absent _
Carried Unanimously
The resolution was thereupon declared duly adopted.
9.5 City Controller’s Report:
City Controller Thayer reported on the following:
2014 Activity:
Sales Tax: $13,123,000 was budgeted and with two collections left, revenues are
4.8% higher than 2013 collections which could equal a budget surplus of
approximately $250,000
Overtime: the $997,000 budget has been exceeded - approximately $1,296,000
was spent on overtime in 2014: IPD has spent $797,000 ($560,000 was
budgeted) and IFD has spent $366,000 ($360,000 was budgeted)
Building Permit Revenue: $700,000 was budgeted - $843,000 was collected.
Parking Revenue: $2.4 million was budgeted - $2.1 million was collected.
Fines: $1,070,000 was budgeted - $1,059,000 was collected.
2014 pension liability was paid early on December 15th saving the City $48,000.
Sale of Property:$215,000 was budgeted and three properties were sold
Alderperson McCollister voiced her concern regarding the amount of police overtime
being spent and the level at which it is over budget. She stressed the need to get the
Police Benevolent Association to the negotiating table to address this issue.
She further inquired as to the status of audit reports. City Controller Thayer responded
that all reports will be completed in 2015. He explained that his department has been
working hard to make software improvements to enhance reporting capabilities and
further described the staffing challenges he faces.
PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE:
Alderperson Murtagh reported that P& ED Committee will be working with the Mayor on
the CIITAP initiative. Mayor Myrick noted that Tompkins County has not yet appointed
the Industrial Development Agency (IDA) Board but he will be asking them to work with
the City on creating a county-wide policy that focuses on joint principles such as the use
of local labor on development projects, diversity, sustainability, etc. Alderperson
Murtagh suggested hosting a roundtable discussion with all involved stakeholders.
January 7, 2015
21
REPORT OF SPECIAL COMMITTEES:
Common Council/Staff Retreat
Alderperson Mohlenhoff announced that a Common Council/Staff Retreat has been
scheduled for January 30, 2015 from 12:00 – 5:00 pm. The program will include further
work on the City’s strategic themes and drilling down to programmatic performance
measures.
Exterior Property Maintenance
Alderperson Murtagh noted that he had a meeting with John Guttridge, who shared
concerns about the Exterior Property Maintenance Ordinance, noting that it has become
of great concern to local landlords. Areas of concern include uneven targeting of
properties in the City, timely notifications of violations to property owners, and the fine
structure.
Mayor Myrick noted that the Building Division is very close to developing technology for
e-mail notifications to landlords that a violation has occurred and a ticket has been
issued. The tickets will continue to be sent out through the mail, but the landlord will
receive an immediate notification and will have an opportunity to remediate the situation
before another violation occurs. He further mentioned that compliance in Collegetown
has been improving.
MAYOR’S APPOINTMENTS:
Common Council Appointments
Mayor Myrick noted that he will be sending out the Common Council liaison
appointments. Appointments to standing committees remain the same as 2014 and
Alderpersons Murtagh and Mohlenhoff have agreed to continue their roles as Chairs of
the Planning and Economic Development Committee and the City Administration
Committee respectively.
Alderperson Murtagh noted that he has spoken with former Alderperson and TCAT
Board member Jennifer Dotson who indicated that her term will expire at the end of
2015 and she would be willing to step down at that time to allow for a Common Council
member to be appointed to the TCAT Board.
14.1 Recommendation to Tompkins Consolidated Area Transit Board -
Resolution
By Alderperson Mohlenhoff: Seconded by Alderperson Smith
RESOLVED, That Common Council recommends that Kevin Sutherland be elected as a
director of the Tompkins Consolidated Area Transit Board with a term to expire
December 31, 2017, and, be it further
14.2 Appointment to Planning and Development Board – Resolution
RESOLVED, That McKenzie Jones-Rounds be reappointed to the Planning and
Development Board with a term to expire December 31, 2017, and, be it further
RESOLVED, That John Schroeder be reappointed to the Planning and Development
Board with a term to expire December 31, 2017, and, be it further
14.3 Appointment to Public Art Commission – Resolution
RESOLVED, That Jay Potter be reappointed to the Public Art Commission with a term
to expire June 30, 2017, and, be it further
RESOLVED, That Caleb Thomas be reappointed to the Public Art Commission with a
term to expire June 30, 2017, and, be it further
14.4 Appointment to Parks Commission - Resolution
RESOLVED, That Roberta Moudry be reappointed to the Parks Commission with a
term to expire December 31, 2017, and, be it further
RESOLVED, That Margaret Hobbie be reappointed to the Parks Commission with a
term to expire December 31, 2017, and, be it further
January 7, 2015
22
14.5 Appointment to Community Police Board - Resolution
RESOLVED, That Marion Craig DaGrossa be reappointed to the Community Police Board
with a term to expire December 31, 2017, and, be it further
14.6 Appointment to Board of Zoning Appeals - Resolution
RESOLVED, That Stephen Wolf be appointed to the Board of Zoning Appeals with a
term to expire December 31, 2016, and, be it further
14.7 Appointment to Ithaca Landmarks Preservation Commission - Resolution
RESOLVED, That Jennifer Minner be appointed to the Ithaca Landmarks Preservation
Commission with a term to expire December 31, 2017, and, be it further
RESOLVED, That Edward Finegan be appointed to the Ithaca Landmarks Preservation
Commission with a term to expire December 31, 2017, and, be it further
RESOLVED, That Katelin Olson be appointed to the Ithaca Landmarks Preservation
Commission with a term to expire December 31, 2017, and, be it further
14.8 Appointment to Shade Tree Advisory Committee - Resolution
RESOLVED, That Dr. Nina Bassuk be reappointed to the Shade Tree Advisory
Committee with a term to expire December 31, 2017, and, be it further
RESOLVED, That Barbara Neal be reappointed to the Shade Tree Advisory Committee
with a term to expire December 31, 2017, and, be it further
RESOLVED, That Judith Maxwell be reappointed to the Shade Tree Advisory
Committee with a term to expire December 31, 2017, and, be it further
RESOLVED, That Judith Fogel be reappointed to the Shade Tree Advisory Committee
with a term to expire December 31, 2017, and, be it further
14.9 Appointment to Board of Public Works - Resolution
RESOLVED, That Claudia Jenkins be reappointed to the Board of Public Works with a
term to expire December 31, 2017, and be it further
RESOLVED, That David Warden be reappointed to the Board of Public Works with a
term to expire December 31, 2017.
Carried Unanimously
REPORTS OF COMMON COUNCIL LIAISONS:
Recreation Partnership
Aldperson Kerslick reported that former Alderperson Joan Spielholz, one of the City’s
two representatives to the Recreation Partnership will be stepping down this year. He
further shared the following comments made by Youth Bureau Director Liz Vance to
recognize Joanie for all of her contributions to the youth of Ithaca:
“Joanie Spielholz has been impacting the lives of young people for more than 25 years
in Tompkins County by working tirelessly with a variety of youth related boards. She
was a founding member of the Tompkins County Recreation Partnership, which she has
been a member of for 19 years. She spent 15 years as a member of the Ithaca Youth
Bureau Advisory Board, acting as Chair for several of those years. Joanie has also
served our community as an Alderperson on City Council from 1998- 2001, serving on
the Greater Ithaca Activities Center (GIAC) Board of Directors for many years, serving
on the city’s Public Art Committee and the Ithaca Landmarks Preservation Commission.
Joanie brings a calm, persistent and patient nature to the many projects and boards she
works with. She has been instrumental in creating opportunities for young people in our
community. Her advocacy efforts helped bring 10 municipalities together to provide
affordable recreational opportunities for young people in Tompkins County. This one of
January 7, 2015
23
a kind partnership is thriving after 18 years and is an example of successful shared
services in our community.
On Joanie’s 50th birthday she hosted a party at the Youth Bureau and in lieu of gifts
asked friends to make a donation to the Big Brothers Big Sisters program. Joanie has
volunteered thousands of hours of her time to youth organizations in our community.
She believes in young people and in the value of supporting them through programs
and opportunities in the community.
We would like to thank Joanie for her hard work and dedication to youth and the
community over the years. We will miss her work on the Recreation Partnership Board
and wish her luck in her next adventure!”
Idling Trains
Alderperson Brock thanked Common Council members for lending their support and
signatures to letter that she and Alderperson McGonigal crafted to Senator Schumer
requesting relief from issue of idling trains in residential neighborhoods.
MINUTES FROM PREVIOUS MEETINGS:
18.1 Approval of the Minutes of the November 5, 2014 Common Council
Meeting; November 13, 2014 Special Common Council Meeting; December 3, 2014
Common Council Meeting
By Alderperson Smith: Seconded by Alderperson Mohlenhoff
RESOLVED, That the Minutes of the following meetings be approved as published:
November 5, 2014 Common Council Meeting
November 13, 2014 Special Common Council Meeting
December 3, 2014 Common Council Meeting Minutes
Carried Unanimously
ADJOURNMENT:
On a motion the meeting adjourned at 8:04 p.m.
______________________________ _______________________________
Julie Conley Holcomb, CMC Svante L. Myrick
City Clerk Mayor