HomeMy WebLinkAboutMN-CC-2015-12-02COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 6:00 p.m. December 2, 2015
PRESENT:
Mayor Myrick
Alderpersons (10) Brock, McGonigal, Murtagh, Clairborne, McCollister, Fleming,
Smith, Kerslick, Martell, Mohlenhoff
OTHERS PRESENT:
City Clerk – Conley Holcomb
City Attorney – Lavine
City Controller – Thayer
Director of Planning & Development – Cornish
Deputy Director of Economic Development – DeSarno
City Planner – Kusznir
Superintendent of Public Works - Thorne
PLEDGE OF ALLEGIANCE:
Mayor Myrick led all present in the Pledge of Allegiance to the American Flag.
ADDITIONS TO OR DELETIONS FROM THE AGENDA:
There were no additions to, or deletions from, the agenda.
SPECIAL ORDER OF BUSINESS:
4.1 Annual Pride of Ownership Awards Presentation – Scott Whitham
Mr. Scott Whitham and Mr. John Barradas from the Ithaca Rotary Club presented the
2015 Annual Pride of Ownership Awards to the following people:
707 E. Seneca Street – Modern Living Rentals (Todd Fox, Charlie O’Connor,
Paul Owens, April Owens)
Lofts@Six Mile Creek, 217 S. Cayuga Street (Ken Schon, Bloomfield/Schon
Investments)
313 N. Tioga Street (Peter and Virginia Breggin)
202 Eddy Street rebuilding (Nicholas and Sharon Lambrou)
Cayuga Waterfront Trail Phase 2 (Rick Manning, landscape architect; Jean
McPheeters, former president, Tompkins County Chamber of Commerce; Tim
Logue, City of Ithaca Transportation Engineer)
The Ithaca Commons (JoAnn Cornish Director of Planning and Development,
Svante Myrick, Mayor)
Each award recipient was given a hand drawn, framed, picture of their property
prepared by local architect John Barradas. Mayor Myrick was presented with a framed
compilation of all of the drawings.
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
The following people addressed Common Council in support of the proposed Resolution
that requests that New York State consider the living wage as minimum wage:
Bill Goldsmith, City of Ithaca
Kirby Edmonds, City of Ithaca
Dr. Scott Noren, Town of Ithaca (believes that a teenage exemption should also be
enacted and an incentive given to pay some adult workers more than $15 per hour.)
Ruth Yarrow, City of Ithaca
Neil Oolie, City of Ithaca
Carl Feurer, City of Ithaca
December 2, 2015
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Hadda Forman, Town of Danby
Linda B. Myers, City of Ithaca
Sarah Hess, City of Ithaca
John Efroymson, City of Ithaca
Rebecca Elgie, City of Ithaca
Tom Sieling, President of the Labor Council
Pierre Clavel, City of Ithaca
Jamila Walida Simon, Town of Groton
Neil Golder, City of Ithaca
Stanley McPherson, Tompkins County
Milton Webb, Tompkins County
Ana Ortiz, City of Ithaca
Joel Harlan, Town of Newfield, voice his support for an increase in minimum wage, and
discussed the history behind the Boatyard Grill and Widewaters development projects.
Dan Hoffman, City of Ithaca, member of the Natural Areas Committee (NAC), discussed
the Lake Street project process, noting that it needed to be more transparent. He stated
that the NAC was told that project alternatives would be available prior to Council
consideration, and the Board of Public Works approved the project without notification
to the NAC. He stated that the NAC’s recommendation is to hold out for a better project
design.
Neil Oolie, City of Ithaca thanked Alderperson J.R. Clairborne for his many years of
service to the Second Ward and the City of Ithaca.
Susan Beckley, Town of Ulysses, addressed Council regarding the challenges faced by
small businesses in relation to the increase in minimum wage. She stated that her son
purchased the Ithaca Ice Co. and pays his employees more than minimum wage but not
$15 per hour. She described the ripple effect of an increasing payroll and how it
impacts workers compensation, Social Security, and Medicaid premiums, thereby
forcing some businesses to lay-off workers.
Jennifer Tavares, Tompkins County Chamber of Commerce, voiced her support for the
Ithaca Falls/Lake Street project. She further noted that the Chamber of Commerce
represents hundreds of small businesses who are trying to make ends meet. She
stated that 60% of those businesses are extremely concerned about the large increase
in compensation over a relatively short period of time, and noted that most of those
businesses are not minimum wage employers.
Bruce Stoff, City of Ithaca, spoke in favor of the proposed improvements to the Ithaca
Falls/Lake Street site.
PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR:
Alderperson Clairborne thanked the people of Second Ward and residents of the City,
stating that it has been his pleasure to serve the community. He remarked on how
quickly time has gone by, and voiced his pride at being able to become part of Ithaca’s
rich history.
CONSENT AGENDA ITEMS:
Department of Public Information and Technology:
8.1 Request of Downtown Ithaca Alliance to Permit Wine, Beer, and Hard Cider
Tasting and Sale of Bottled Wine, Beer, and Hard Cider at the 2015 Annual Ice
Festival – Chowder-Cook Off– Resolution
By Alderperson Kerslick: Seconded by Alderperson Mohlenhoff
WHEREAS, the Downtown Ithaca Alliance has requested permission for wine, beer,
and hard cider tasting and sales as part of the 2015 Annual Ice Festival-Chowder Cook
Off; now, therefore, be it
RESOLVED, That the Downtown Ithaca Alliance be authorized to arrange for wine,
beer, and hard cider tasting and sale of bottled wine, beer, and hard cider at booths
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during the Ice Festival-Chowder Cook-Off on the Ithaca Commons on December 10-12,
2015; and, be it further
RESOLVED, That the Downtown Ithaca Alliance and participating wineries shall comply
with all applicable state and local laws and ordinances, and shall enter into an
agreement providing that it will hold the City harmless and indemnify the City on
account of any claims made as the result of the sale or tasting of wine, beer, and hard
cider on the Ithaca Commons; and, be it further
RESOLVED, That the Downtown Ithaca Alliance or the participating winery, brewery or
cider company shall agree to maintain liability insurance in the amount of $1,000,000.00
and Dram Shop Act coverage in the minimum amount of $1,000,000.00 naming the City
of Ithaca as an additional insured, and shall provide evidence of such insurance to the
City Clerk prior to the event.
Carried Unanimously
City Administration Committee:
8.2 Department of Public Works - Amendment to Personnel Roster – Ithaca
Area Wastewater Treatment Facility (IAWWTF) - Resolution
By Alderperson Kerslick: Seconded by Alderperson Mohlenhoff
WHEREAS, the Ithaca Area Wastewater Treatment Facility anticipates a vacancy in the
position of Laboratory Technician in December 2015; and
WHEREAS, the Ithaca Area Wastewater Treatment Facility would like to fill the
Laboratory Technician position in advance of the actual vacancy to allow for training
and a smooth transition; now, therefore, be it
RESOLVED, That the Personnel Roster of the Ithaca Area Wastewater Treatment
Facility be amended by adding a second position of Laboratory Technician; and, be it
further
RESOLVED, That upon the retirement of the current Laboratory Technician, the
position vacated through retirement shall be abolished effective on the employee's
retirement date; and, be it further
RESOLVED, That funds needed for said roster amendment shall be derived from within
the existing Ithaca Area Wastewater Treatment Facility authorized budget.
Carried Unanimously
8.3 Department of Public Works - Amendment to Personnel Roster
(Engineering Division) – Resolution
By Alderperson Kerslick: Seconded by Alderperson Mohlenhoff
WHEREAS, the Engineering Division of the Department of Public Works has been
reconfiguring its staffing responsibilities to reflect changes in the overall operations of
the Department, including the creation of a new Parking Division; and
WHEREAS, the current Traffic Systems Engineer title reflects responsibility for traffic
and parking systems, and the Department would like to change that to reflect
responsibilities for urban street design and construction, including active transportation
facilities, traffic engineering and traffic control, and broader transportation planning; and
WHEREAS, the Ithaca Civil Service Commission established the classification of
Transportation Engineer at their October 29, 2015 meeting; now, therefore be it
RESOLVED, That the personnel roster of the Engineering Division of the Department of
Public Works shall be amended as follows:
Add: One (1) Transportation Engineer Position (40 hours)
Delete: One (1) Traffic Systems Engineer Position (40 hours)
and be it further
December 2, 2015
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RESOLVED, That the position of Transportation Engineer shall be assigned to the City
Executive Association Unit at salary grade A; 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
the position shall be established at eight (8) hours per day (forty (40) hours per week);
and, be it further
RESOLVED, That the funding for this change shall be derived from existing funds within
the Department of Public Works budget.
Carried Unanimously
8.4 City Controller – Request to Amend 2015 Budget to Account for Various
Unanticipated Revenue and Expenses - Resolution
By Alderperson Kerslick: Seconded by Alderperson Mohlenhoff
WHEREAS, during 2015, City of Ithaca departments have received revenue from
various unanticipated sources including reimbursement, grants, donations and sale of
material, that need to be accounted for in the 2015 budget; and
WHEREAS, the reimbursements total of $79,113 as follows:
Tompkins County Celebrations Grants $16,350
Donations $53,075
Insurance Recover $8,809
Sale of Scrap/Equipment $879
now, therefore be it
RESOLVED, That Common Council hereby amends the 2015 authorized budget as
follows to account for said receipt and expenditures of funds:
Increase Revenue Account:
A1012-2379 Community Celebrations $16,350
A3120-2705 Police – Donations $47,000
A3120-2680 Police – Insurance Recovery $8,809
A5010-2655 Streets – Minor Sales $879
A7111-2705 Parks – Donations $6,075
Totals $79,113
Increase Appropriations Accounts:
A1012-5435 Celebrations Contracts $16,350
A3120-5225-5001 Police Other Equipment $47,000
A3120-5476-5001 Police Equipment Maintenance $8,809
A5010-5475 Streets Property Maintenance $879
A7111-5475 Parks Property Maintenance $5,000
A7111-5485 Parks Trees $1,075
Totals $79,113
Carried Unanimously
8.5 City Controller - Authorization to Cover Red Accounts - Resolution
By Alderperson Kerslick: Seconded by Alderperson Mohlenhoff
RESOLVED, That the City Controller be empowered to make transfers within the 2015
Budget appropriations, as needed, for the remainder of the 2015 Fiscal Year.
Carried Unanimously
8.6 Human Resources – Approval of the 2015-2016 Civil Service Agreement
with the Ithaca City School District - Resolution
By Alderperson Kerslick: Seconded by Alderperson Mohlenhoff
RESOLVED, That the Mayor and City Controller be authorized and directed to
execute an agreement between the City of Ithaca and the Ithaca City School District
for performance by the City for services in connection with Civil Service matters, for
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the period July 1, 2015, to June 30, 2016, in an amount of $55,944, payable to the
City of lthaca on or before December 1, 2015.
Carried Unanimously
CITY ADMINISTRATION COMMITTEE:
9.1 City Attorney - Electronic Delivery of Local Laws - Resolution
By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick
WHEREAS, Municipal Home Rule Law §20(4) now authorizes the City to satisfy the
aging requirement for proposed local laws by emailing such legislation in PDF format to
Common Council members, provided that certain requirements are met; and
WHEREAS, the email address of each Councilmember is documented on the City
website, and the City Clerk has posted those addresses on the bulletin board in City
Hall, as required; now, therefore, be it
RESOLVED, That proposed local laws may be laid on the table by electronic delivery to
Councilmembers in accordance with Municipal Home Rule Law §20(4).
Carried Unanimously
9.2 Fire Department - Mobile Vending Fire and Safety Regulations – Resolution
By Alderperson Mohlenhoff: Seconded by Alderperson Clairborne
WHEREAS, the Ithaca Fire Department is interested in addressing certain fire and
safety issues raised by the increasing number of mobile food vending operations within
the City; and
WHEREAS, mobile food vending operations are not regulated by any existing state or
local laws; and
WHEREAS, there have been reported injuries to operators and the public as the result
of fires, explosions, and accidental carbon monoxide poisonings, involving mobile
vending operations at various locations in the United States; and
WHEREAS, other municipalities have taken steps to address fire safety concerns posed
by mobile food trucks and the equipment that is often used by such vendors; and
WHEREAS, due to the risk of fire, carbon monoxide poisoning, and other safety risks
posed by mobile food trucks or mobile vending, the City wishes to examine regulatory
measures enacted by other municipalities, obtain feedback from mobile food vendors
and the community, and consult with other fire and safety authorities to structure a City-
wide system for regulating mobile food vending fire safety; and
WHEREAS, Common Council recognizes that safety improvements in this arena will
come at some cost to mobile vendors to comply with such regulatory measures if
implemented; and
WHEREAS, upon balancing the enhanced safety against the increased costs for mobile
vendors, the Common Council concludes that it is worth investing staff time in
developing a proposed regulatory program; now, therefore it be
RESOLVED, That Common Council instructs the Fire Chief, in consultation with the City
Attorney and other City departments and relevant authorities, to study and develop fire
safety rules for mobile food vending.
Alderperson Mohlenhoff described a serious accident that occurred in Philadelphia
involving a propane explosion in a food truck. She explained that propane tanks can
get jostled through the movement of food trucks and the hose connections can become
loose resulting in leaking gas. The Philadelphia accident resulted in many
municipalities taking a serious look at this issue and revising their requirements for
mobile vendors.
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Assistant Fire Chief Gillian Haines-Sharp reported that the City of Rochester has
developed a model that spreads the regulatory compliance over a 3 year period and
includes a mandatory training session. She noted that the Ithaca Fire Department
already inspects food truck set-ups, so this proposed action would not be a huge
increase to staff duties. She stated that the expense for food truck operators could be
approximately $10,000 over the course of three years.
Fire Chief Parsons stated that this policy would create a level playing field for the
industry and would increase public safety during community celebrations and festivals
when large crowds of people are in close proximity to food trucks and mobile vendors.
The policy development process would include feedback from food truck vendors.
Alderperson Brock clarified that in this case the term “mobile vending” is referring to
food trucks and trailers, not the food carts used on the Commons. Asst. Fire Chief
Haines-Sharp noted that New York State is in the process of developing a definition of
mobile vending which will encompass all kinds of vending.
Alderperson Kerslick stated that he supports food trucks but agrees that they should
meet safety regulations. He further noted that Collegetown businesses are expressing
concern regarding current food truck locations, their proximity to restaurants, and the
impact it is having on the local economy.
A vote on the Resolution resulted as follows:
Carried Unanimously
9.3 Common Council - Opposition of House of Representatives’ Bill to
Eliminate Transit Funds - Resolution
By Alderperson Mohlenhoff: Seconded by Alderperson Fleming
WHEREAS, the U.S. House of Representatives approved an amendment to the House
version of the multi-year transportation bill on November 4, 2015 that would eliminate
the 5340 High Density States Program and cut millions of dollars to transit agencies in
New York State, and six other states as well as the District of Columbia; and
WHEREAS, under the amendment, New York State transit agencies alone would lose
$95 million a year or $570 million over the next six years with Tompkins Consolidated
Area Transit, Inc. (TCAT) being stripped of $200,000 annually or $1.2 million over the
six-year period; and
WHEREAS, TCAT provides transit to the City of Ithaca and all of Tompkins County
where, for some residents, it is the only transportation option; and
WHEREAS, TCAT is a cornerstone to the local economy by getting residents to work or
where they need to go and is key to environmental sustainability by reducing traffic
congestion and curbing carbon emissions; and
WHEREAS, the City of Ithaca is a local funder to TCAT, with two other entities,
including Cornell University and Tompkins County, all of which face financial constraints
and are unable to fill in TCAT’s ever-widening funding gaps; now, therefore be it
RESOLVED, Rather than cutting important transit funding for financially strapped
agencies to include TCAT, the Mayor of the City of Ithaca and its Common Council
strongly urge federal lawmakers to not only restore the 5340 High Density States
Funding Program before a final bill is passed, but also to increase federal funding to
allow them adequate and predictable revenues to meet increasing demand, and, in
particular, to address their capital needs for much-needed bus replacements, facility
and amenities upgrades, and information technology modernization; and, be it further
RESOLVED, That the City Clerk be directed to send certified copies of this resolution to
Governor Andrew Cuomo, United States Senators Chuck Schumer and Kirsten
Gillibrand, New York State Assembly Members Barbara Lifton, New York State Senator
Thomas O’Mara, United States Representative Tom Reed, TCAT General Manager
Turcotte, and the TCAT Board of Directors.
December 2, 2015
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Alderperson Fleming explained that the House of Representatives and the Senate
passed a new bill and the transit funding was not only restored but also enhanced. She
voiced her appreciation to Senator Schumer and all of the legislators who supported this
bill.
A vote on the Resolution resulted as follows:
Carried Unanimously
9.4 A Local Law to Amend Chapter 107 of the City of Ithaca Municipal Code
entitled “Salaries and Compensation” to Increase the Mayor and Common
Council Members Salary
By Alderperson Mohlenhoff: Seconded by Alderperson McCollister
WHEREAS, the annual salaries of the members of the Common Council and of the
Mayor were last adjusted in 2008; and
WHEREAS, at that time they were adjusted to their current levels of $9,641 for Council
members and $53,561 for the Mayor; and
WHEREAS, Common Council approved a 2016 budget that funds these salaries in
2016 at the levels of $10,141 and $58,561, respectively; and
WHEREAS, Common Council seeks to amend Chapter 107 of the City of Ithaca
Municipal Code in order to effectuate these amended salaries as funded by the
approved budget; now, therefore
Local Law No. 2015-
BE IT ENACTED by the Common Council of the City of Ithaca as follows:
Section 1. Legislative Findings, Intent, and Purpose.
It is the intent of this local law to amend Chapter 107 of the City of Ithaca Municipal
Code in order to effectuate the revised 2016 salaries of Council members and the
Mayor as funded in the 2016 approved budget, with said salaries to be effective as of
January 1, 2016.
The Common Council makes the following findings of fact:
A. The Common Council and the Mayor expend substantial efforts and
devote large amounts of time to their duties, and
B. The annual salaries of the members of the Common Council and the
Mayor have gone unadjusted for nearly a decade.
Section 2. Code Amendments.
Section 107-1 of the City of Ithaca Municipal Code is hereby amended as follows:
The annual salary of the Mayor shall be the sum of [$53,561] $58,561.
Section 107-2 of the City of Ithaca Municipal Code is hereby amended as follows:
The annual salary of the Council members shall be the sum of [$9,641] $10,141.
Section 3. Severability Clause.
Severability is intended throughout and within the provisions of this Local Law. If any
section, subsection, sentence, clause, phrase, or portion of this Local Law is held to be
invalid or unconstitutional by a court of competent jurisdiction, then that decision shall
not affect the validity of the remaining portions of this Local Law.
Section 4. Effective Date.
Upon filing in the office of the Secretary of State, this Local Law shall take effect
retroactive to January 1, 2016. This Local Law is subject to referendum on petition
pursuant to Municipal Home Rule Law Section 24.
December 2, 2015
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A Roll Call vote resulted as follows:
Alderperson Brock – Aye Alderperson McGonigal – Aye
Alderperson Clairborne – Aye Alderperson Murtagh – Aye
Alderperson McCollister – Aye Alderperson Fleming – Aye
Alderperson Smith – Aye Alderperson Kerslick – Aye
Alderperson Mohlenhoff – Aye Alderperson Martell – Aye
Carried Unanimously
9.5 Common Council - Support of the Living Wage as the Minimum Wage across
Tompkins County - Resolution
By Alderperson Mohlenhoff: Seconded by Alderperson Clairborne
WHEREAS, it is one of our most cherished values that there is dignity in work; and
WHEREAS, raising incomes is critical to providing economic mobility and opportunity for
working families; and
WHEREAS, the growth in income inequality in recent years has created serious
divisions within our society and community; and
WHEREAS, Tompkins County is becoming increasingly two counties with a portion of
the population thriving while many more face low wages, growing inequality, erosion of
middle-class jobs, staggering housing costs, and the institutionalization of a low-wage
service economy; and
WHEREAS, a full-time minimum wage worker in New York State earns $18,200 at the
current minimum wage of $8.75/hour, an income significantly below the current living
wage in Tompkins County of $29,827; and
WHEREAS, a higher minimum wage across Tompkins County would likely increase
spending on locally produced goods and services by workers benefiting from such
increased wages, which, in turn would likely produce greater demand and help stimulate
the local economy; and
WHEREAS, a higher minimum wage would likely reduce the cost of providing social
services in the City of Ithaca and Tompkins County; and
WHEREAS, our community has a proud tradition of advocating for worker rights and
promoting economic justice; and
WHEREAS, the Tompkins County Workers Center, which certifies local living-wage
employers, lists currently more than 100 Living Wage entities across the county
including the City of Ithaca and four other municipalities, encompasses more than 90
employers with workforces less than 50 employees, and represents over 3,000 workers
making, at least, a Living Wage; and
WHEREAS, we as a community and we as a country can no longer accept wages that
leave some without hope of rising up and unable to support themselves nor their
families; and
WHEREAS, New York State Governor Andrew Cuomo has called for an increase in the
state’s minimum wage to $15.00 per hour by 2021; now, therefore be it
RESOLVED, That the City of Ithaca requests that the Tompkins County Legislature
pass a local minimum-wage law establishing the Tompkins County Living Wage
(currently $14.34/hour) as the minimum wage, and indexing it to the New York State
median wage; and, be it further
RESOLVED, That the City of Ithaca supports Tompkins County further passing a home-
rule request to New York State seeking the authority to implement such a local
minimum wage; and, be it further
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RESOLVED, That the City of Ithaca calls on the New York State Legislature to pass
promptly said home-rule request; and, be it further
RESOLVED, That a copy of this resolution be forwarded to the Tompkins County
Legislature, the Tompkins County Council of Governments, New York State
Assemblywoman Barbara Lifton, New York State Senator Thomas O’Mara, and New
York Governor Andrew Cuomo.
Alderperson Mohlenhoff thanked everyone for coming out to speak on this important
topic. She stated that the ultimate goal is to put pressure on New York State, noting
that many details still need to be worked through. She thanked Alderperson Clairborne
for bringing this important issue to the committee.
Alderperson Clairborne thanked the Workers Center for seeking his support on this
issue and thanked the speakers who clarified the difference between a set minimum
wage and a livable wage that is indexed to the cost of living. He stated that he also
appreciated hearing from the business community on how this action would impact
them, and voiced his belief that many of the issues could be worked through. He voiced
his appreciation that this action would allow families to become families once again and
households can be sustained as many people would not have to work second and third
jobs to make ends meet. He stated that this is a win/win situation as people who have
extra income will spend it in local / small businesses.
Alderperson McCollister stated that she supports the Resolution but asked if the
teenage exemption had been discussed and whether there was a discussion about
increases to workers compensation, social security, medicaid premiums as result of
increased salaries. Alderperson Mohlenhoff responded that committee didn’t really
discuss those issues as the focus of this Resolution was to urge Tompkins County to
seek special enabling legislation from New York State to put a local minimum wage in
place.
Alderperson Murtagh reviewed the action items in Resolved clauses and noted that the
first one can’t be done without the second and third ones. He noted that he likes the
fact that the legislation says that the community wants the opportunity to adopt
legislation appropriate to our community. He voiced his concern that there wasn’t more
feedback from local businesses and noted that he would like to work with them on this.
Alderperson Brock voiced her support for the Resolution noting that the impacts on
families when parents can’t make ends meet, can be seen throughout the community:
kids go home to empty houses, they don’t always have food to eat, their parents can’t
attend teacher conferences, and all of this has a ripple effect. She stated that now is
the time to pass this legislation. She further noted that some teenagers in the
community are working to support their families and/or have families of their own to
support, so that should be taken into any discussion regarding teenager exemptions.
She thanked all of the speakers for coming out and sharing their stories.
Alderperson Kerslick thanked all of the speakers. He voiced his support for the
Resolution but encouraged everyone to acknowledge that this action will have an
impact on small businesses. He stated that the community is setting ground rules and
municipalities need to encourage the State to take action. Businesses will have to
adjust, raise prices, and do their best to mitigate the other impacts.
Alderperson McGonigal also thanked the speakers. He noted that the conversation
brought home many baseline issues. He echoed the comments of his colleagues,
noting that the “devil is in the details”. He further acknowledged that in addition to small
businesses being impacted, the City will also be impacted as it hires hundreds of
teenagers throughout the summer for various programs.
Mayor Myrick stated that it is time for the City, State & Federal Government to raise the
wage rates. It is important for the government to give the economy a boost and support
the investment into infrastructure, to support small and large businesses, entrepreneurs,
and to give employers the confidence to hire more workers. He stated that this action
December 2, 2015
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will require difficult choices for small business owners, but he believes that locally
owned businesses can expect to see an increase in customers. Low and stagnating
wages are affecting the growth of the community. He voiced his belief that paying a
living wage is the moral thing to do.
A vote on the Resolution resulted as follows:
Carried Unanimously
9.6 Department of Public Works – Request to Approve Funds for Abatement of
Asbestos Containing Materials in City Hall - Resolution
By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick
WHEREAS, much of the floor covering in the building which is now City Hall was
constructed with floor tiles containing asbestos; and
WHEREAS, the original floor tiles in City Hall are breaking and crumbling which causes
concern for employees and limits the ability of staff to appropriately maintain the floors;
and
WHEREAS, the City of Ithaca has received a notice of violation from the New York
State Department of Labor, Asbestos Bureau, regarding broken floor tiles which contain
asbestos; and
WHEREAS, the notice of violation requires that the broken floor tiles be repaired and
abated; and
WHEREAS, Department of Public Works staff and the City’s consultant, Delta
Engineers, Architects & Land Surveyors have identified several viable methods for
abatement of the floor tiles which contain asbestos; and
WHEREAS, repair and abatement of asbestos containing materials requires the
services of specialized engineers and contractors as well as various permits, relocations
and restoration; and
WHEREAS, the Board of Public Works has discussed and approved the least
expensive repair project for the Asbestos Abatement at an estimated cost of $50,000;
and
WHEREAS, the project work needs to be started within 30 days; now, therefore be it
RESOLVED, That Common Council hereby authorizes expenditure not to exceed
$50,000 for undertaking the abatement of asbestos containing materials in City Hall;
and, be it further
RESOLVED, That funds necessary for said asbestos project shall be derived from
Account A1990 Unrestricted Contingency and transferred to account A1621-5489 City
Hall Building Expense.
Alderperson Brock reviewed the estimates that were received and noted that the
$50,000 estimate proposes to remove specific tiles but leaves others that were
identified as deteriorated in place. She questioned whether the “patch work” approach
was the best plan, recollecting that 900 sq ft of tile was removed in the basement of City
Hall last year at a significant cost.
Director of Engineering Logue noted that the intent of the project was to minimize the
cost while addressing the Notice of Abatement directly. Asbestos tiles are located
throughout the building but many of them do not impose problems at this time.
Alderperson Brock stated that it would be nice to see the “big picture” of all of the
upcoming projects such as the relocation of Fire Station #9, and the potential relocation
of the Hall of Justice. She questioned whether there was a study in place for the future
of City Hall (ie. relocation vs. renovation). Mayor Myrick noted that Planning Division
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staff is leading an initial review of all City facilities. The review will expand to include
others as information develops in 2016.
Alderperson Kerslick noted that the requested funds would be taken from unrestricted
contingency (current balance $117,000), leaving approx. $67,000.
A vote on the Resolution resulted as follows:
Carried Unanimously
9.7 City Controller’s Report:
City Controller Thayer reported on the following:
- 2016 budget is complete
- 2014 audit is in progress
- 2015 activity is being closed out
- There are new reporting requirements for the Affordable Care Act
- All labor contracts are currently in negotiations
- He will be working to fill soon to be vacant and new positions
2015 Activity Report:
- Sales tax – $13.4 million was budgeted. Collections are coming in approximately
.5% lower than last year ($50,000); however, the December activity will include
several payments so the projections will be close.
- Fuel prices have been low resulting in 36% lower expenses for 2015
- Overtime – $952,000 was budgeted / $1.1million has been expended to date.
2014 expenses were $1.2 million. These are mainly police costs due to open
positions and retirements
- Building permit revenue– $700,000 was budgeted / $995,000 has been collected
- Insurance – liability costs have been lower / Workers Compensation costs have
been higher
- Parking – $2.4 million was budgeted / collections will be slightly under budget
(approximately $100,000) – expect to meet or exceed 2016 budget revenue
estimate. Approved projects for 2016 include additional pay stations for the
downtown and Collegetown areas.
- The CPI is at .2% which will result in no change to the Cornell University
voluntary contribution
- Fine revenue – $867,000 has been collected to date which is slightly under
budget
- Pension payment is due – if the $4.9 million payment is made by 12-15-15, the
City will save $45,000
- It was estimated that $393,000 in fund balance would be needed to balance the
2015 budget – it appears as if less than that will be needed at this time.
PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE:
10.1 Seneca Street Parking Garage Murals – Resolution
By Alderperson Murtagh: Seconded by Alderperson Brock
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, including the
Seneca Street Parking Garage, for future murals and street art by resolution on May 19,
2010; and
WHEREAS, the City’s Parking Division has requested that the PAC seek murals for top
floor of the Seneca Street Parking Garage to enliven the garage while also deterring
graffiti and reducing ongoing maintenance costs; and
WHEREAS, the PAC issued a Call for Art for two walls on the top floor of the garage in
September 2015 and received 14 submissions for the project; and
December 2, 2015
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WHEREAS, the PAC reviewed all of the submissions at its meetings on October 14,
2015 and October 28, 2015 and voted to recommend that the Common Council select
“Ursa Major” by Margaret Reed and “Flock Together” by Justin Suarez to be installed on
the facing walls of the ninth floor of the Seneca Street Parking Garage; and
WHEREAS, the selected proposals have been distributed for public comment, and the
responses to both proposed murals has been overwhelmingly positive; and
WHEREAS, the project will be funded through the previously approved budget for the
Dryden Road Parking Garage Mural Project and no additional funding is needed for the
installation of the two murals; now, therefore be it
RESOLVED, That the City of Ithaca Common Council selects “Ursa Major” by Margaret
Reed and “Flock Together” by Justin Suarez to be installed on the ninth floor of the
Seneca Street Parking Garage; and, be it further
RESOLVED, That the selected artists may proceed with the installation of their murals
at their assigned locations within the Seneca Street Parking Garage upon the execution
of an agreement with the City.
Carried Unanimously
10.2 Annual Common Council Concurrence that the City of Ithaca Planning and
Development Board be Lead Agency in Environmental Review for Site Plan
Review Projects for which the Common Council is an Involved Agency -
Resolution
By Alderperson Murtagh: Seconded by Alderperson McCollister
WHEREAS, 6 NYCRR Part 617 of the State Environmental Quality Review Law and
Chapter 176.6 of the City Code, Environmental Quality Review, require that a lead
agency be established for conducting environmental review of projects in accordance
with local and state environmental law; and
WHEREAS, State Law specifies that, for actions governed by local environmental
review, the lead agency shall be that local agency which has primary responsibility for
approving and funding or carrying out the action; and
WHEREAS, State Law also specifies that when an agency proposes to directly
undertake, fund or approve a Type I Action or an Unlisted Action undergoing
coordinated review with other involved agencies, it must notify them that a lead agency
must be agreed upon within 30 calendar days of the date that the Environmental
Assessment Form (EAF) or draft Environmental Impact Statement (EIS) was transmitted
to them; and
WHEREAS, Projects submitted to the Planning and Development Board for Site Plan
Review and Approval, at times involve approvals or funding from Common Council,
making Council an involved agency in environmental review; and
WHEREAS, in order to avoid delays in establishing a Lead Agency and to make the
environmental review process more efficient, it is desirous to have an agreement that
the Planning and Development Board will assume Lead Agency status for such
projects; and
WHEREAS, in accordance with the State Environmental Quality Review Law and the
City of Ithaca Environmental Quality Review Ordinance, involved agencies are provided
with project information and environmental forms for their review, as well as all
environmental determinations; and
WHEREAS, on April 7, 2015 Common Council did consent to the Planning and
Development Board acting as Lead Agency in environmental review for site plan review
projects for which Common Council has been identified as an Involved Agency through
December 31, 2015; now, therefore be it
December 2, 2015
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RESOLVED, That Common Council does hereby consent to the Planning &
Development Board acting as Lead Agency in environmental review for site plan review
projects for which Common Council has been identified as an Involved Agency through
December 31, 2016; and, be it further
RESOLVED, That for any future project Common Council may withhold or withdraw its
consent should it so desire.
Carried Unanimously
INDIVIDUAL MEMBER – FILED RESOLUTIONS:
13.1 Alderperson Mohlenhoff - Lake Street Bridge Rehabilitation Project -
Resolution
WHEREAS, a project for the rehabilitation of the Lake Street Bridge Over Fall 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), as amended, that calls
for the apportionment of the costs of such program to be borne at the ratio of 80%
Federal funds and 20% non-Federal funds; and
WHEREAS, On September 4, 2013, Common Council authorized $1,464,250 to cover
the cost of the total Project; and
WHEREAS, On December 1, 2014, the Board of Public Works unanimously authorized
staff to undertake Enhancement of Ithaca Falls Public Area (“the Enhancement”) as part
of the Project (CP#791); and
WHEREAS, On February 5, 2015, Common Council approved an increase of CP #791
by an amount not to exceed $30,000 to cover the design phase of the Enhancement for
a total project authorization of $1,494,250; and
WHEREAS, bids were received for the Lake Street Bridge Rehabilitation Project on
November 16, 2015; and
WHEREAS, the current total cost to complete the Project is $1,525,000, and an
additional $60,750 is required to complete the project; and
WHEREAS, staff believes this $60,750 will be eligible for Federal and State funding and
will pursue agreements with New York State Department of Transportation (NYSDOT)
for reimbursement of 95% of these costs, but request authorization, at this time, to
cover the full first instance cost of the Project; now, therefore, be it
RESOLVED, That, Common Council hereby approves an increase of Capital Project
#791 by an amount not to exceed $60,750, for a total project authorization of
$1,555,000; and, be it further
RESOLVED, That, funds needed for said amendment shall be derived from serial
bonds, with understanding that these funds are available to the Project and that the final
cost to the City for the Lake Street Bridge Rehabilitation Project will be approximately
$106,250.
This item was not considered by Common Council.
13.2 Alderperson Mohlenhoff - Lake Street Bridge Project and Ithaca Falls
Public Area Enhancements – Alternate Resolution
By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick
WHEREAS, a project for the rehabilitation of the Lake Street Bridge Over Fall 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), as amended, that calls
for the apportionment of the costs of such program to be borne at the ratio of 80%
Federal funds and 20% non-Federal funds; and
WHEREAS, On September 4, 2013, Common Council authorized $1,464,250 to cover
the cost of the total Project; and
December 2, 2015
14
WHEREAS, On December 1, 2014, the Board of Public Works unanimously authorized
staff to undertake Enhancement of the Ithaca Falls Public Area (“the Enhancement”) as
part of the Project (CP#791); and
WHEREAS, On February 5, 2015, Common Council approved an increase of CP #791
by an amount not to exceed $30,000 to cover the design phase of the Enhancement for
a total project authorization of $1,494,250; and
WHEREAS, bids were received for both the Lake Street Bridge Rehabilitation Project
and the Enhancement of the Ithaca Falls Public Area on November 16, 2015; and
WHEREAS, the current construction cost to implement the Enhancement is $169,000;
and
WHEREAS, the total cost to implement the Enhancement is covered from different
funding sources; however, the city must authorize funding in the first instance and seek
reimbursement; and
WHEREAS, the current total cost to complete the Project is $1,525,000 and an
additional $60,750 is required to complete the project; and
WHEREAS, staff believes the $60,750 will be eligible for Federal and State funding and
will pursue agreements with NYSDOT for reimbursement of 95% of these costs, but
request authorization, at this time, to cover the full first instance of the cost of the
Project and the Enhancement; now, therefore, be it
RESOLVED, That, Common Council hereby approves an increase of Capital Project
#791 by an amount not to exceed $229,750, for a total project authorization of
$1,724,000; and be it further
RESOLVED, That, funds needed for said amendment shall be derived from serial
bonds, with the understanding that these funds are available to the Project and the
Enhancement, and that the final cost to the City will be approximately $106,250.
Alderperson McCollister asked for a clarification of the differences of opinion between
the Natural Areas Commission, Conservation Advisory Council, the Parks Commission,
and the Disability Advisory Council. Alderperson Martell responded as follows:
- The Natural Areas Commission has reluctantly approved the design even though
it is not as minimalistic as they would like it to be. They are asking that the
following features be included in the design, which Superintendent of Public
Works Thorne and Bridge Engineer Gebre have agreed to:
- Install a 4' wide, chip seal sidewalk
- Improve the "obviousness" and visibility of the mesh on the proposed fence,
such as painting it a darker color, like black.
- Remove the existing Jersey barriers when the project is complete and re-
grade that area
- The Disability Advisory Council would like concrete used on the path but would
be satisfied with chip seal which is ADA compliant. They would also prefer a 5
foot path width, but are satisfied with the current proposal.
- The Conservation Advisory Council does not want a gate. They support the
Natural Areas Commission’s original letter, and have retained their position on
the issue.
- The Parks Commission is split on the issues but generally supports the design.
Each group would have preferred a simpler sidewalk design (single path vs. proposed
loop).
December 2, 2015
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Alderperson McCollister stated that she believes there is a misunderstanding of the role
of an urban park, especially those that are near natural areas.
Alderperson Brock stated that the process this project followed was unfortunate. This
project was an off-shoot of a construction project, not a park planning project. She
noted that there is a lot of frustration as this project circumvented a number of
processes and it is unclear what is driving the decisions that are being made.
She further questioned whether the Jersey barriers would be removed. Bridge Engineer
Gebre responded yes, but there are retaining wall issues so some type of protection will
need to be put in place. Alderperson Brock suggested that whatever is used should be
in context with the area.
Bridge Engineer Gebre clarified that the current design includes:
- A 4’ wide chip seal sidewalk loop
- Hand rail – #1 option A – a carbon steel black railing system
- Gate style – a chain between bluestone column posts (with a sign) that will
connect to the safety rail
Alderperson Fleming questioned whether Council would be considering any
improvements to this area, except for the safety rail, if the bridge project were not being
undertaken. Mayor Myrick noted that this area would probably not be improved at this
time absent the bridge project; however, now that there is an opportunity to improve
safety and accessibility in the park, the City should capitalize on it.
Alderperson Martell noted that the park will be used as a staging area for the bridge
construction and damage will occur as a result. Crews will need to restore the area and
adjustments could still be made to the project design.
Director of Engineering Logue cited the three major concerns:
- Gate – most concerns can be solved with a simple chain and a sign instead of a
formal gate
- ADA accessibility – path vs. loop. If benches are going to be installed for people
to enjoy the area, there needs to be an ADA accessible path to them. The other
option is to leave it as a grassy area with no benches or ADA accessible path.
- Railing along edge of grassy area – The Superintendent of Public Works feels
strongly that a barrier along the creek to protect people from unintentional falls
into the creek is needed. The railing system needs to meet building code
requirements.
Alderperson McGonigal voiced his preference to leave the space as a natural area with
no improvements. He stated that the proposed sidewalk loop does not provide
accessibility to the waterfall as the creekbed is not accessible and the location of the
proposed benches does not offer a view of the waterfall. The proposed loop takes up
most of the grassy area.
A vote on the Resolution resulted as follows:
Ayes (7) Clairborne, Murtagh, McCollister, Fleming, Smith, Martell, Mohlenhoff
Nays (3) Brock, McGonigal, Kerslick
Carried (7-3)
MAYOR’S APPOINTMENTS:
14.1 Reappointments to Community Police Board – Resolution
By Alderperson Kerslick: Seconded by Alderperson Smith
RESOLVED, That Shirley Kane be reappointed to the Community Police Board with a
term to expire December 31, 2018, and be it further
RESOLVED, That Richard Onyejuruwa be reappointed to the Community Police Board with a
term to expire December 31, 2018, and, be it further
December 2, 2015
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Reappointment to Board of Fire Commissioners – Resolution
RESOLVED, That William Gilligan be reappointed to the Board of Fire Commissioners
with a term to expire June 30, 2017, and, be it further
Reappointment to Disability Advisory Council – Resolution
RESOLVED, That Larry Roberts be reappointed to the Disability Advisory Council with
a term to expire June 30, 2018.
Carried Unanimously
REPORTS OF COMMON COUNCIL LIAISONS:
Ithaca Landmarks Preservation Commission
Alderperson McCollister reported that the stone wall at City Cemetery is of grave
concern to the ILPC. There appears to have been a problem in how the project was
specified in the bids. What the City received, specifically how the stone work was
completed, was not what was originally proposed. The ILPC will be drafting a resolution
about how stone work should be completed in projects like these.
The Chapter House project drawings are coming along. Jason Demarest is the
architect, and the Planning Board and ILPC are very pleased with the progress to date.
Board of Public Works
Alderperson Fleming reported that the Water Recreation Committee has presented a
proposal for the City to store and rent boats at Stewart Park. The November 23, 2015,
agenda has pictures if people are interested in seeing them. The plan will require
Common Council approval.
The Board has been discussing short-term, medium-term and long-term street lighting
options in the City. A long-term goal would be to provide shorter/pedestrian scale
lighting with underground wiring that would light the sidewalks as well as the streets.
Disability Advisory Council
Alderperson Brock reported that the DAC is interested in the proposed Exterior Property
Maintenance Ordinance as it pertains to the fine structure for snow removal from
sidewalks. They are looking to work with Rental Housing Advisory Council on the
proposed amendments.
Public Art Commission
Alderperson Brock stated that $7,000 has been donated for murals in the City. The
Public Art Commission is putting together proposals.
She further reported that a developer has an opportunity to purchase a property that is
located on the border of the City and Town on South Hill near the radio tower. They
would like to put student apartments on property; however, there are tower “fall zone”
requirements in the Zoning Ordinance which would need to be modified. The Special
Joint Committee is interested in the possibility of relocating the radio tower to the
Wastewater Treatment Plant.
Alderperson Brock noted that there would be a meeting December 10, 2015 for West
End business owners regarding the potential redesign of West State Street near Floral
Avenue.
Bicycle Pedestrian Advisory Committee
Alderperson McGonigal reported that cars are driving through crosswalks as
pedestrians are crossing. BPAC is urging IPD to step up traffic enforcement.
Alderperson Murtagh noted that the draft changes to the Exterior Property Maintenance
Ordinance will be considered for circulation at the December Planning and Economic
Development Committee meeting and a vote on the amendments is expected at the
January meeting.
He further noted that there is a vacancy on the TCAT Board that needs to be filled.
Alderperson-elect Ducson Nguyen is interested in serving.
December 2, 2015
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Alderperson McGonigal thanked Alderpersons Ellen McCollister and J.R. Clairborne for
their distinguished service to the community.
REPORT OF CITY CLERK:
City Clerk Holcomb reported that a few Common Council members have made inquiries
regarding the ability to send information to their constituents through the Notify Me tool
on the website. She reported that accounts have been set up for each Ward and the
corresponding Council members, and the Department of Public Information and
Technology will be providing training in January. She encouraged interested Council
members to contact her so they can be included in the training.
City Clerk Holcomb further reported that the 2016 Inaugural meeting will be held on
December 31, 2015 at 3:30 p.m. This year the orientation process for the new Common
Council members will be completed through individual meetings with each department.
REPORT OF CITY ATTORNEY:
City Attorney Lavine reported that the Mayor has signed an Amicus Brief that is being
filed with Supreme Court regarding the President’s action on immigration.
He further reported that the work being conducted on the remediation of unsafe and
dilapidated buildings is making a big difference. Five different properties are in the
prosecutorial process and another three are waiting to enter the process. One building
owner has already removed the structure and another has reported that they will be
removing a structure. He credited Assistant City Attorney Robert Sarachan, Director of
Code Enforcement Mike Niechwiadowicz and Code Inspector Skip Schell for the
success of this program.
MINUTES FROM PREVIOUS MEETINGS:
18.1 Approval of the November 4, 2015 Common Council Meeting Minutes –
Resolution
By Alderperson McGonigal: Seconded by Alderperson Brock
RESOLVED, That the minutes of the November 4, 2015 Common Council meeting be
approved as published.
Carried Unanimously
ADJOURNMENT:
On a motion the meeting adjourned at 9:30 p.m.
______________________________ _______________________________
Julie Conley Holcomb, CMC Svante L. Myrick
City Clerk Mayor