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HomeMy WebLinkAboutMN-CC-2016-01-06COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 6:00 p.m. January 6, 2016 PRESENT: Mayor Myrick Alderpersons (10) Brock, McGonigal, Murtagh, Nguyen, Gearhart Fleming, Smith, Kerslick, Martell, Mohlenhoff OTHERS PRESENT: City Clerk – Conley Holcomb City Attorney – Lavine City Controller – Thayer Building - Planning & Development Director – Cornish Deputy Director of Economic Development – DeSarno City Planner - Kusznir Police Chief – Barber Director of Parking - Nagy PLEDGE OF ALLEGIANCE: Mayor Myrick led all present in the Pledge of Allegiance to the American Flag. Oath of Office – Alderperson Martell Mayor Myrick administered the Oath of Office to Alderperson – Elect Josephine Martell. ADDITIONS TO OR DELETIONS FROM THE AGENDA: There were no additions to or deletions from the agenda. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: The following people addressed Common Council: Nathan Lyman, City of Ithaca, addressed Council in opposition of the proposed amendment to the Zoning Ordinance that would require street level active uses on the Primary Commons, stating that it appears to be in search of a problem that does not exist. John Yengo, representing Jason Fane – City of Ithaca, read a letter from Mr. Fane in opposition to the proposed legislation requiring street level active uses on the Primary Commons. He stated that there are already many vacancies created by too much retail space. Theresa Alt, City of Ithaca, addressed Council regarding the Community Investment Incentive Tax Abatement Program (CIITAP), stating that the City should demand community benefits if it is going to give away tax revenue. She noted that construction is alive and well in Collegetown without tax abatements and that developers will still build in the Ithaca without them. Joel Harlan, Town of Newfield, voiced his opinion on matters of economic development, minimum wage increases, and Inlet Island development. PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR: Alderperson Kerslick responded to comments made about food trucks and the conflicts that exist between brick and mortar buildings. He noted that a focus group has been created to work on this issue. Alderperson Brock thanked the speakers and noted that she appreciates the comments they made. She reported that the Planning and Economic Development Committee would be discussing the CIITAP program at the January 13, 2016 meeting. Alderperson McGonigal responded to comments made by Mr. Harlan regarding the West End, waterfront development, and the closing of Johnson’s Boatyard. January 6, 2016 2 CONSENT AGENDA ITEMS: Department of Public Information and Technology: 8.1 Annual Request of Downtown Ithaca Alliance to Permit Wine, Beer, and Hard Cider Tasting and Sale of Bottled Wine, Beer, and Hard Cider at Their 2016 Sponsored Events – 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 their sponsored events for 2016, including, but not limited to, the Chili-Cook Off, Apple Harvest Festival, Oktoberfest, and 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 during their sponsored events between January 1 and December 31, 2016; 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 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 events. Carried Unanimously City Administration Committee: 8.2 Finance/Controller- Designation of Official Newspaper- Resolution By Alderperson Kerslick: 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 2016. Carried Unanimously 8.3 Finance/Controller – Collateral to Secure Deposits - Resolution By Alderperson Kerslick: 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 8.4 Finance/Controller- Public Employee's Blanket Bond - Resolution By Alderperson Kerslick: 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 2016. Faithful Performance Blanket Bond Coverage by Travelers Insurance Company $1,000,000 Carried Unanimously 8.5 Finance/Controller- Designation of Common Council Meetings - Resolution By Alderperson Kerslick: Seconded by Alderperson Mohlenhoff RESOLVED, That the regular meetings of the Common Council, for the year 2016, 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 8.6 Finance/Controller- Designation of Official Depositories - Resolution By Alderperson Kerslick: 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 2016. Carried Unanimously January 6, 2016 3 8.7 Common Council - Approval of 2016 Travel Policy - Resolution By Alderperson Kerslick: 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 2016; and, be it further RESOLVED, That the cost for all events must be derived from existing 2016 Departmental Budgets with appropriate approvals obtained as applicable; and, be it further RESOLVED, That this resolution shall take effect immediately. Carried Unanimously PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE: 9.1 An Ordinance to Amend Chapter 325 of the City of Ithaca Municipal Code, Entitled “Zoning,” To Create a Requirement for Street Level Active Uses on the Primary Commons A. Declaration of Lead Agency – Resolution By Alderperson Murtagh: Seconded by Alderperson Brock WHEREAS, State Law and Section 176-6 of the City Code require that a lead agency be established for conducting environmental review of projects in accordance with local and state environmental law; and WHEREAS, State Law specifies that, for actions governed by local environmental review, the lead agency shall be that local agency which has primary responsibility for approving and funding or carrying out the action; and WHEREAS, the proposed zoning amendment is a “Type I” Action pursuant to the City Environmental Quality Review (CEQR) Ordinance, which requires environmental review under CEQR; now, therefore, be it RESOLVED, That the Common Council of the City of Ithaca does hereby declare itself lead agency for the environmental review of the proposal to amend Chapter 325 of the City of Ithaca Municipal Code Entitled “Zoning,” to create a requirement for street level active uses on the primary Commons. Carried Unanimously B. Declaration of Environmental Significance – Resolution By Alderperson Murtagh: Seconded by Alderperson Kerslick WHEREAS, The Common Council is considering a proposal to amend Chapter 325 of the City of Ithaca Municipal Code Entitled “Zoning,” to create a requirement for street level active uses on the primary Commons; and WHEREAS, the appropriate environmental review has been conducted, including the preparation of a Full Environmental Assessment Form (FEAF), dated October 26, 2015; and WHEREAS, the proposed action is a “TYPE I” Action under the City Environmental Quality Review Ordinance; and WHEREAS, the Common Council of the City of Ithaca, acting as lead agency, has reviewed the FEAF prepared by planning staff; now, therefore, be it RESOLVED, That this Common Council, as lead agency in this matter, hereby adopts as its own the findings and conclusions more fully set forth on the Full Environmental Assessment Form, dated October 26, 2015; and, be it further RESOLVED, That this Common Council, as lead agency in this matter, hereby determines that the proposed action at issue will not have a significant effect on the environment, and that further environmental review is unnecessary; and, be it further January 6, 2016 4 RESOLVED, That this resolution constitutes notice of this negative declaration and that the City Clerk is hereby directed to file a copy of the same, together with any attachments, in the City Clerk’s Office, and forward the same to any other parties as required by law. Carried Unanimously C. An Ordinance to Amend Chapter 325 of the City of Ithaca Municipal Code, Entitled “Zoning,” To Create a Requirement for Street Level Active Uses on the Primary Commons By Alderperson Murtagh: Seconded by Alderperson Kerslick ORDINANCE NO. 2016- BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca that Chapter 325 of the City of Ithaca Municipal Code Entitled, “Zoning”, be amended as follows: Section 1. Chapter 325 (“Zoning”), Section 325-8D.(“Zoning Regulations-Additional Restriction in the CBD Districts”) of the City of Ithaca Municipal Code is hereby amended to add a new subsection 325-8D(3), that will establish a requirement for active street level uses for any establishment that opens on to the Primary Commons. Section 325-8D(3), shall read as follows: 325-8 D. (3) All properties located in the CBD district that contain a storefront that fronts on the Primary Commons, must contain an active use on the street level, for that portion of the building that fronts onto the Primary Commons. Active uses are defined as any of the following:  Retail Store or Service Commercial Facility  Restaurant, Fast Food Establishment, or Tavern  Theater, Bowling Alley, Auditorium, or Other Similar Public Place of Assembly  Hotel  Library or Fire Station  Public Park or Playground  Bank or Monetary Institution  Confectionary, millinery, dressmaking and other activities involving light hand fabrication as well as sales. Additional uses may be permitted if the Planning and Development Board determines them to be an active use and grants special approval for the use. Section 3. The City Planning and Development Board, the City Clerk, and the Planning and Economic Development Division shall amend the District Regulations Chart to add street level active uses as a requirement under the permitted primary uses, in accordance with the amendments made by this ordinance. Section 4. Severability. Severability is intended throughout and within the provisions of this local law. If any section, subsection, sentence, clause, phrase or portion of this local law is held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall not affect the validity of the remaining portion. Section 5. Effective date. This ordinance shall take effect immediately and in accordance with law upon publication of notices as provided in the Ithaca City Charter. Alderperson McGonigal stated that he would like to hear from staff on the comments that were made by the public. Director of Planning & Development Cornish, City Planner Kusznir, and Deputy Director of Economic Development DeSarno joined Council for the discussion. Director of Planning & Development Cornish reported that staff has reviewed the comments made by the public and noted that some of the concerns expressed are valid. She stated that the active uses listed in the legislation were taken from the current zoning ordinance and could be revised. She further stated that she understands the concerns that were expressed about buildings that are not suitable for these types of actives uses, and stated that the Planning Board could take the physical limitations of the building into consideration when determining active uses. January 6, 2016 5 City Planner Kusznir suggested that language could be added to the legislation that would state that the Planning Board may also grant an exemption or special permit if property owner is able to provide proof that the building is not suited to be used as a street level active use. Alderperson Nguyen stated that he likes these types of regulations in theory but is curious to see if this solution is being planned in absence of a problem. He noted that upon a recent walk on the Commons, he’d only counted one business that was not an active use, although there were some vacant storefronts. He stated that he is skeptical about the need for this legislation. Planning & Development Director Cornish stated that she agrees that a problem may not exist right now; however, she doesn’t want to see empty storefronts converted into rental housing as the demand for downtown housing units continues to grow. City Attorney Lavine clarified the distinction between grandfathered uses and new construction. Any new buildings would need to conform with the active uses legislation while existing buildings will be grandfathered. He further clarified the duties of the Board of Zoning Appeals vs. the Planning Board as it pertains to exemptions vs. special permits. Alderperson Fleming questioned why certain uses are listed as an active use on the Primary Commons such as fire stations. City Planner Kusznir explained that the language is consistent with what is currently in the Zoning Ordinance. Fire stations are defined as active uses in Collegetown; however this legislation could be modified to make it specific to downtown. Currently, only one zone has its own definitions in the Zoning Ordinance. Alderperson Mohlenhoff questioned how uses like Rev or the police satellite office on the West End would be defined. She stressed the importance of not incentivizing empty storefronts on the Commons, noting that specific lists can be difficult as there are other types of active uses that are not listed. Mayor Myrick noted that the largest impediment to vacant storefronts is high rents. Landlords may seek to replace retail space with housing units to maintain those high rents as has happened in Collegetown. Further discussion followed on the floor regarding the modification of the list, amending the legislation to specifically prohibit certain uses such as housing and dead office space, and how this process would be triggered as landlords lease existing buildings to different businesses. Amending Resolution: By Alderperson Brock: Seconded by Murtagh RESOLVED, That Section 325-8 D. (3) be amended to read as follows: 325-8 D. (3) All properties located in the CBD district that contain a storefront that fronts on the Primary Commons, must contain an active use on the street level, for that portion of the building that fronts onto the Primary Commons. Active uses include but are not limited toare defined as any of the following:  Retail Store or Service Commercial Facility  Restaurant, Fast Food Establishment, or Tavern  Theater, Bowling Alley, Auditorium, or Other Similar Public Place of Assembly  Hotel  Library or Fire Station  Public Park or Playground  Bank or Monetary Institution  Confectionary, millinery, dressmaking and other activities involving light hand fabrication as well as sales. Additional uses may be permitted if the Planning and Development Board determines them to be an active use and grants special approval for the use. The Planning and Development Board may also grant a special permit if a property owner is able to show that the physical structure of the building is not easily adaptable to be used as one of the above listed active uses. Alderperson Fleming stated that she likes this amendment but would still prefer a clearer definition of the term “active use” and more information regarding the intent of the legislation. January 6, 2016 6 Motion to Defer By Alderperson Murtagh: Seconded by Alderperson Mohlenhoff RESOLVED, That this item be deferred to the Planning and Economic Development Committee for further discussion and revision. Carried Unanimously CITY ADMINISTRATION COMMITTEE: 10.1 Department of Public Works - Amendment to Personnel Roster - Resolution By Alderperson Mohlenhoff: Seconded by Alderperson Smith WHEREAS, recent installation of automated parking equipment in the City’s parking garages has reduced the number of needed Parking Lot Attendant positions for garage operations; and WHEREAS, operations and maintenance of the newly opened Commons will require additional full time staff in order to provide evening and weekend coverage; now, therefore be it RESOLVED, That the Personnel Roster of the Department of Public Works be amended as follows: Add: Three (3) Building and Grounds Maintenance Workers (40 hours/week) Delete: Five (5) Parking Lot Attendants (40 hours/week) and, be it further RESOLVED, That the funding for this change shall be derived from existing funds within the 2016 Department of Public Works budget. Alderperson Brock noted that this idea was discussed at length during the budget deliberations; however, she noted that the job description is slightly different from Buildings & Grounds Maintainer in terms of management of electrical boxes, lighting, leaf and snow removal from pavilion roof, etc. and she wants to make sure that employees would be given adequate training and support for these new duties. Alderperson McGonigal noted that a constituent mentioned that they would not use the parking garage at night if no one was attending it as they wouldn’t feel safe. Mayor Myrick explained that the Parking Director has already been taking people out of the parking booths so they could attend to other areas of the garages and the practice has been very successful in terms of public safety and facility cleanliness. Parking Director Nagy explained that the call buttons on the pay machines ring straight through to management phones, the Ithaca Police Department actively patrols the garages, there are surveillance cameras in the garages, and the snow removal crews remove snow from the garages at night so there is level of activity in the garages during the night. He further explained that the downtown parking garages have not had 3rd shift coverage for quite a while. Alderperson Nguyen asked if there was a cost savings associated with this move. Parking Director Nagy responded that the operational costs would be shifted from the parking garages to the Commons maintenance crews. He also noted that this action would result in an increased presence on the Commons. A vote on the Resolution resulted as follows: Carried Unanimously 10.2 Police Department – Inter-Municipal Agreement for SWAT Mutual Aid - Resolution By Alderperson Mohlenhoff: Seconded by Alderperson McGonigal WHEREAS, the Ithaca Police Department and the Tompkins County Sherriff’s Office have long jointly staffed the Special Weapons and Tactics (“SWAT”) Team with officers from both agencies; and WHEREAS, this ongoing inter-municipal cooperation is authorized by New York General Municipal Law Section 209-m, and is most appropriately planned on an ongoing basis via inter- municipal agreement of the sort included herewith; and WHEREAS execution of an inter-municipal agreement for SWAT mutual aid will facilitate the receipt of grant funding in support of the SWAT Team’s work; now, therefore, be it January 6, 2016 7 RESOLVED, That the Mayor is hereby authorized to execute, on advice of the City Attorney, an agreement substantially similar to that included herewith, governing the provision of SWAT mutual aid between the Ithaca Police Department and the Tompkins County Sherriff’s Office. Carried Unanimously 10.3 A Resolution Authorizing the Issuance of $4,953,940 in Bonds for the City of Ithaca to Pay the Cost of Certain Capital Improvements By Alderperson Mohlenhoff: Seconded by Alderperson Martell 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 $4,953,940 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 expenses in connection therewith, are as follows: a) Construction and reconstruction of various streets throughout and in and for said City, at a maximum estimated cost of $430,000. It is hereby determined that the plan for the financing of such class of objects or purposes shall consist of the issuance of $430,000 of the $4,953,940 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) Refurbishment of a 1999 fire truck and replacement of the chassis, for said City, including incidental equipment, at a maximum estimated cost of $455,000. It is hereby determined that the plan for the financing of such specific object or purpose shall consist of the issuance of $455,000 bonds of the $4,953,940 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; c) Design and planning costs for determination of a new site and construction of a new East Hill Fire Station, in and for said City, at a maximum estimated cost of $500,000. It is hereby determined that the plan for the financing of such specific object or purpose shall consist of the issuance of $500,000 bonds of the $4,953,940 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 62(2nd) of paragraph a of Section 11.00 of the Local Finance Law; d) The purchase of various vehicles and equipment items, at an aggregate maximum estimated cost of $534,440, 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 $323,300. It is hereby determined that the plan for the financing of such class of objects or purposes shall consist of the issuance of $323,300 bonds of the $4,953,940 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 $185,640. It is hereby determined that the plan for the financing of such class of objects or purposes shall consist of the issuance of $185,640 bonds of the $4,953,940 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 January 6, 2016 8 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 passenger vehicle for City Hall use, for said City, at a maximum estimated cost of $25,500. It is hereby determined that the plan for the financing of such specific object or purpose shall consist of the issuance of $25,500 bonds of the $4,953,940 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 3 years, pursuant to subdivision 77(1st) of paragraph a of Section 11.00 of the Local Finance Law. e) Purchase and installation of parking pay stations, parking equipment and electronic meter heads, in and for said City, at a maximum estimated cost of $407,000. It is hereby determined that the plan for the financing of such class of objects or purposes shall consist of the issuance of $407,000 bonds of the $4,953,940 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; f) Replacement of the Club House roof at the City’s golf course, including incidental improvements and expenses, in and 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 $4,953,940 bonds of said City authorized to be issued pursuant to this bond resolution. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is 25 years, pursuant to subdivision 12(a)(1) of paragraph a of Section 11.00 of the Local Finance Law; g) Upgrades to the City’s computer financial system (MUNIS), including incidental expenses in connection therewith, for said City, at a maximum estimated cost of $150,000. It is hereby determined that the plan for the financing of such class of objects or purposes shall consist of the issuance of $150,000 bonds of the $4,953,940 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; h) Reconstruction of the Cass Park Ice Rink, including removal of the low emissivity ceiling, replacement of rink lighting and rooftop insulation and membrane, as well as incidental improvements and expenses in connection therewith, in and for said City, at a maximum estimated cost of $1,300,000. It is hereby determined that the plan for the financing of such specific object or purpose shall consist of the issuance of $1,300,000 bonds of the $4,953,940 bonds of said City authorized to be issued pursuant to this bond resolution. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is 25 years, pursuant to subdivision 12(a)(1) of paragraph a of Section 11.00 of the Local Finance Law; i) Design for the replacement of the North Aurora Street Bridge over Cascadilla Creek, including incidental expenses therewith, in and for said City, at a maximum estimated cost of $214,000. It is hereby determined that the plan for the financing of such specific object or purpose shall consist of the issuance of $214,000 bonds of the $4,953,940 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 62(2nd) of paragraph a of Section 11.00 of the Local Finance Law; j) Replacement of two air conditioning condensing units at the Greater Ithaca Activities Center gym, including incidental expenses in connection therewith, in and for said City, at a maximum estimated cost of $77,500. It is hereby determined that the plan for the financing of such specific object or purpose shall consist of the issuance of $77,500 bonds of the $4,953,940 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 of a retaining wall supporting sidewalks on Spencer Street, including incidental costs in connection therewith, in and for said City, 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 $4,953,940 bonds of said City authorized to be issued pursuant to this bond resolution. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is 10 years, pursuant to subdivision 24 of paragraph a of Section 11.00 of the Local Finance Law; and January 6, 2016 9 l) Design and site preparation work at certain City dams for safety improvements required by the State Department of Environmental Conservation, including dredging, anchoring and shoring of dams, in and for said City, at a maximum estimated cost of $735,000. It is hereby determined that the plan for the financing of such specific object or purpose shall consist of the issuance of $735,000 bonds of the $4,953,940 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. Section 2. The aggregate maximum estimated cost of the aforesaid objects or purposes is $4,953,940, and the plan for the financing thereof is by the issuance of the $4,953,940 serial bonds authorized by Section 1 hereof, allocated to each of the objects or purposes in accordance with the maximum estimated cost of each stated in 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 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 January 6, 2016 10 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 the probably usefulness of vehicles, the replacement of the GIAC air conditioning unit, and the purchase of 23 additional parking pay stations for downtown and Collegetown. A vote on the Resolution resulted as follows: Alderperson Brock - Aye Alderperson McGonigal - Aye Alderperson Ngyuen - Aye Alderperson Murtagh - Aye Alderperson Gearhart – Aye Alderperson Fleming - Aye Alderperson Smith - Aye Alderperson Kerslick - Aye Alderperson Mohlenhoff - Aye Alderperson Martell - Aye Carried Unanimously 10.4 City Controller’s Report City Controller Thayer reported on the following:  Early results of the 2015 year end activity is better than anticipated - $393,000 of fund balance was budgeted but will not be needed. This is the first operating surplus the City has had since 2008. The exact amount of the surplus is still being determined. A note of caution however; all labor contracts are open so future labor costs could still impact the budget.  Sales tax – $13.4 million budgeted – collections will not meet budget. Collections are running 1% lower than expected; however, three collections still due. Declining fuel costs are most likely the cause.  Overtime costs – $952,000 budgeted – $1.2 million was expended. IPD overtime was $264,000 over budget  Building permit revenue – $700,000 was budgeted – $1,034,000 was collected  Site development permit fees - $163,000 was collected  Parking $2.4 million was budgeted – $2.36 million was collected  CPI was .5% in November and .1% in December  Mortgage tax – $390,000 was budgeted – $532,000 was collected  Fine revenue $1.086 million was budgeted – $1.069 million was collected  Pension payment was paid early saving $45,000 as a result. NEW BUSINESS: Mayor’s 2016 State of the City Address: Mayor Myrick made the following 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.” Four years ago I delivered my first such address. The state of the City was then pretty precarious. We were on unsure financial footing. The truth is, we were facing the largest structural budget deficit that we had ever faced, and we did not have a clear path forward. We had empty storefronts in Collegetown and downtown, we had higher unemployment, we had crumbling infrastructure, morale was low on this board and throughout the City. I looked back at that speech as I’ve looked back at all four speeches that I’ve given and I was struck by the fact that I am now the senior member of this board. I found that remarkable in a lot of ways, and I was struck by the things that I said during those speeches. In my first I said “together we must overcome our budgetary difficulties, grow our economy, plan for our future, protect our environment, improve our service delivery and enhance our communications.” At the time, I had no idea how hard that was going to be. I will tell you honestly that I gravely underestimated the scale of the challenges that were against us. But I watched as you made hard choices, and we made hard choices, as the city workforce sacrificed, and as the community pitched in, and we’ve done all that we said we would do. We’ve righted the City’s finances, we invested in our infrastructure, we delivered record levels of investment from the State and federal governments, we rebuilt the Commons, we finished the waterfront trail, we January 6, 2016 11 streamlined our organization, built badly needed housing at every income level, and we beautified the public realm. So today, I’m proud and glad to say that the State of the City of Ithaca is far better, healthier, and stronger place to live than it was four years ago. Remember, we accomplished all of these things, not simply through hard work or through sacrifice but through a fair amount of imagination. I, being far younger than I am now in a lot of ways, was so naive. I can see now how that naiveté was at times an asset. We undertook projects that many wouldn’t attempt because we didn’t know any better, and I didn’t know any better. In early 2012 after Hurricane Irene and Tropical Storm Lee, and the flooding in Owego, New York State created a program that would help communities around the New York prevent future flooding. They said to submit your largest priority, thinking bridges, creek walks and culverts and we’ll tell you what we can do. What I submitted was our dredging project, which at that time we naively thought would be an approximately $15 million project. We submitted a $13 million request. The day that the announcement came out, I received a call from the Governor’s regional representative to apologize. He said “Mayor, I am so sorry, there has been a mix-up. You’ll see the press release, it is not right but I’ll get it fixed and we’ll figure out what is going on.” I said “Why, what’s wrong?” He responded “The release says that you got $13 million.” I asked him “Why is that a mistake?” He said “Because no one received more than $1.5 million state-wide. I can’t imagine that is correct.” He called me back fifteen minutes later and said “Mayor, congratulations! You were given $13 million!” This was someone who had worked in State government for a very long time and had learned through his experience what to expect, what was reasonable, and what was logical. I’ve learned that logic has its limits. Einstein said “Logic will tell you how to get from A to B, but imagination will show you how to get anywhere.” So, I would like us to resolve ourselves to retain our imagination. To retain a sense of wonder that you see comes naturally to the young and the young at heart, and to retain the sense that a perfect world is possible. I would like to begin that resolve by promising you that I will do less looking backwards and more looking forward. It has been a theme of these speeches, as I’ve read them, to compare where we are to where we were. We are a caliber city that does not need to compare itself to anything or anybody but the ideal. There is not another city out there that is a suitable benchmark for us, and our past performance is not a suitable benchmark for us. I think our new benchmark has to be what is perfect. Coach Vince Lombardi used to say that “the perfect is of course not attainable but if you set out to catch it, you might just catch excellence instead”. It has been said many times in this room that we must compromise and we cannot allow the perfect to be the enemy of the good. That’s true. There is a time to compromise and a time to realize that we won’t get it exactly right and it’s time to do what we can and move on. But when, if not in the beginning of year, why not then say “we will build a perfect city”. We’ll disagree about what a perfect city looks like. We’ll disagree about how tall the buildings should be, how wide the sidewalks should be, whether the park should have a playground or just grass. We will have our differences but I hope that we will agree, at least, that an ideal city is safe, accessible, enabling and empowering, and affordable. It has to be safe, without safety you don’t have a city. A city where people can wake up in their beds and trust that if there is a fire, someone will come. That the buildings that they live in, work in, eat in, are safe because they’ve been inspected. That the water that comes out of their tap is clean. If you don’t have safety, you don’t have a city. So that is our first priority. Our second priority is access. A city works because the people in it can access everything they need. They can physically access it: they can travel over the roads, they can ride transit, ride their bikes, they can walk. They can access the things they need and they don’t have to go too far to get it. The third thing a city has to be is empowering. It has to have cultural offerings that educate and inspire you. It has to have the kind of services that allow you to take care of your children, to take care of yourself, to become who you want to be. A city that doesn’t empower you is not an ideal city. I think the City of Ithaca is a safe place. I believe that the City of Ithaca is an accessible place, and I believe that the City of Ithaca is an empowering place. We are above average and even January 6, 2016 12 excellent in each of those three categories. Where we do not score well is in affordability. This rising tide of housing costs has already swamped the poorest in our community. It is threatening young professionals, young families. It is threatening families who have been here for generations, who own homes. Nobody is exempt from this. It is not just renters, not just homeowners. The high taxes and high rents are the largest threat to Ithaca becoming an ideal community. I think it behooves us to bend ourselves over the next year to a list of programs that can help us address those: Comprehensive Plan In 2015 we made monumental progress – passing the first citywide comprehensive plan in a generation. In 2016 we’ll begin to implement the plan by boring down into each neighborhood, beginning with Southside, the West End and the Waterfront District to create land use regulations that reflect the community’s desires for the future of our City. Inclusionary Zoning The high cost of housing is the direct result of high demand to live in the City and the very few new homes that have been built here over the last 30 years. We’ve made great strides in the last three years and have new homes being built, but our current tools still don’t do enough to address affordability. So early in 2016 Chairperson Murtagh’s Planning and Economic Development Committee will begin discussing inclusionary zoning – a tool used around the country to make it easier to build to meet demand, while stopping the cycle of gentrification by requiring that new large properties include at least some measure of affordable housing. City Facilities Like the shoemaker’s son, who always goes barefoot, the City has dedicated a significant amount of time and energy into enabling private property owners to invest and encouraging redevelopment of vacant and underutilized sites. Meanwhile our own city facilities – City Hall, the Fire Station, the Ithaca Police Department, and DPW facilities particularly – are in various states of decay and operational inefficiency. In many cases our current facilities are aging, energy wasting, and poorly designed to accommodate modern municipal functions. So I’ve asked a broad cross-section of city staff and councilmembers to serve on a Task Force to explore opportunities to improve our facilities – and thereby lowering our costs and improving our performance. The task force will explore all opportunities, but will focus especially on any opportunity to enhance citywide revenues and improve operational efficiencies by consolidating facilities. Southside Task Force I believe it is time for an earnest conversation about the future of the Southside Community Center and its relationship with the City of Ithaca. I believe that the City and the Center would mutually benefit if Southside formally join the City while retaining an independent mission - something akin to the organization of GIAC. I’ve asked three members of the Southside Community Center Board, along with three members of the GIAC Board, Alderperson Stephen Smith, Alderperson Seph Murtagh, City Attorney Ari Lavine, Human Resources Director Schelley Michell-Nunn, and the Executive Directors of each organization to discuss the opportunities this merger would bring as well as the legal, financial, and logistical barriers that may arise. The Southside Task Force will present their recommendations in 2016 and this body will have the opportunity to redefine – I believe for the better – the role of the Southside Community Center in the City of Ithaca. Reform Boards and Committees Our boards and committees provide a valuable service to the City. These volunteers generously give their expertise and passion in everything from public art to shade trees make Ithaca a better place. But our current structure does too little to recognize their contribution and support their work. With over two dozen boards we cannot adequately staff them, their work does not receive the visibility it needs to be effective, and poor communication between our Boards and Common Council. I believe a reform, along the lines Common Council considered years ago, would elevate the role of our Boards by clarifying responsibilities, putting our citizen volunteers in closer contact with each other, and allowing us to better provide them with staff support. January 6, 2016 13 So in the coming months I’ll be working with Alderperson Deb Mohlnehoff, the City Administration Committee, and all the relevant boards and committees to bring a proposed reform package to this body for a vote. Policing Relations between the Police Department and the Community are better than they have been in years thanks to the proactive approach of IPD and their leader Chief John Barber. At a difficult time locally and nationally, our Department has responded to criticisms by stepping up their efforts and reaching out. In the past year we’ve:  Installed body cameras on every officer  Held an 8-week Citizens Police Academy  Launched the new and improved Ithaca Police Explorer Program for Youth  Held series of ‘Coffee with the Mayor and Chief’ meetings  Held the first ever community open house at IPD  Held the first ever Community and Police Barbecue at Southside  Held the first ever monthly meeting between the Chief and Community members  Opened a district office on the west end with the generosity of Tim Ciaschi  Hired and trained eight new police officers. In 2016 we’ll continue these initiatives and introduce an implicit bias training for all IPD officers. We’ll also go above and beyond and examine the benefits of a transformational new collaboration. Merge IPD with Sheriff In 2015 this body took the first step towards what could become a meaningful cost saving consolidation when it expressed an interest in studying a merger between the Ithaca Police Department and the Tompkins County Sheriff’s Department. In 2016 we will jointly hire a consultant that will help us conduct a cost-benefit analysis of a merger. The City of Ithaca and Tompkins County have allocated $16,780,212 in our respective 2015 budgets, representing 25% of the combined property tax levies of the City and County, to support our respective police agencies. Cities and counties across the country have successfully consolidated municipal and county police services as a way to decrease costs and improve the quality of the services offered to residents and the implementation of police services on a county-wide level allows for a more seamless distribution of police services unrestricted by municipal boundaries. Infrastructure Crumbling infrastructure throughout our country jeopardizes our quality of life. Potholes, degrading bridges, ancient pipes – they make it difficult to move through the world, they discourage private investment, and they make us less resilient to a changing climate. The City of Ithaca has not been immune – two decades of deferred maintenance has left us far behind – and we are only now beginning to catch up. Over the last three years we’ve stepped up investment in our infrastructure citywide and we have seen the results. Large transformational projects like the Commons rebuild, the completion of the waterfront trail and the water plant reconstruction grabbed headlines, but in every neighborhood we’ve made investments that make our city more attractive, more durable and more livable. Throughout the City we’ve constructed 11,000 linear feet of sidewalk, an amount that was once unthinkable. We’ve rebuilt West Clinton Street, South Aurora Street, North Tioga Street, North Cayuga Street, Giles Street, Old Elmira Road and more. We’ve also shored up parking garages, expanded our skate park, and rebuilt the restrooms in Stewart Park. In 2016 we’ll maintain our momentum – building thousands of feet of sidewalk in every neighborhood, rebuilding North Tioga Street, South Plain Street, and repaving Cornell Street, Hector Street, Chestnut Street, South Aurora Street, Auburn Street, and Hancock Street. We’ve also slated repairs or upgrades to GIAC, Southside Community Center, City Hall, the Lake Street Bridge, the sidewalks at Spencer and Stone Quarry roads, and repairs to the Six- Mile Creek walls. January 6, 2016 14 We have a great many accomplishments under our belt – many that don’t make headlines but move the City forward - we’ve banned the box to make it easier for those who have paid their debt to reenter society, we’ve established a more humane approach to social ills by employing our downtown outreach worker, we’ve made changes to our noise ordinance to make it easier to enforce and reduce conflict among neighbors, our Hospitality and Employment Training Program continues to prepare our most vulnerable citizens for careers in one of the fastest growing industries in our community, and our Fire Department – under the direction of Chief Tom Parsons – continues to protect life and property while making historic strides in diverse and inclusive hiring. And we’ll continue to make more progress on issues large and small – like the Comprehensive Drug Policy that we will unveil early this year or the changes to the Exterior Property Maintenance Ordinance that will relieve a burden on landlords and tenants. Conclusion Those are our aspirations and our goals. We have to make the City of Ithaca a safer, more accessible, more empowering and more affordable place to live. This will take hard work and long hours, and I know you’re used to both of those. But it will also take a renewed dose of imagination. The longer you do this, the more you hear yourself saying things that once drove you crazy. When I began on Council at 20 years old, I did not want to hear what had been tried and failed, I did not want to hear how we used to do things, I did not want to hear about what those who came before me attempted to do but failed to do. I now have to battle those same instincts. When you propose a new challenge in your neighborhood or a new way of resolving an issue I often catch myself saying “we tried that back in … and it didn’t work”, or “that is not the way we do things”. I hope that you will continue to push me and to push the staff to imagine better ways to deliver services to the public. We can be shown the light. There will be resistance to the list of programs and goals that I’ve identified for 2016. I ask you to think honestly about whether your resistance is coming from a place of honest disagreement or a place of fear that the new approach and the new way of doing things won’t be possible. If I’ve learned anything in my many years in this room is that all things are possible and this agenda, although ambitious, is possible too. I look forward to working with you for the next year and all that we will accomplish together.“ MAYOR’S APPOINTMENTS: 14.1 Recommendations to Tompkins Consolidated Area Transit Board – Resolution By Alderperson Smith: Seconded by Alderperson McGonigal RESOLVED, That Common Council recommends that Ducson Nguyen be elected as a director of the Tompkins Consolidated Area Transit Board to fill Kevin Sutherland's unexpired term as provided in TCAT’s bylaws, with Ducson Nguyen’s term beginning immediately and continuing until TCAT's December 2016 annual meeting, and until his successor to fill the remainder of the unexpired term (until December 31, 2017) is elected and qualified; and, be it further RESOLVED, That Common Council recommends that William Gray be re-elected as a director of the Tompkins Consolidated Area Transit Board with a term to expire December 31, 2018, and, be it further Board of Fire Commissioners: RESOLVED, That John Guttridge be appointed to the Board of Fire Commissioners with a term to expire December 31, 2018. Carried Unanimously REPORTS OF COMMON COUNCIL LIAISONS: Natural Areas Commission (NAC) Alderperson Martell reported that the NAC has made recommendations regarding the use of the Lake Street site. The recommend demolishing the building and making minimal improvements to the area at 401 Lake Street. Parks Commission There will be a meeting regarding geese management on January 11, 2016, at 10:30 AM in City Hall. A speaker from the NYS Department of Environmental Conservation will speak about local lessons learned. Board of Public Works (BPW) Alderperson Fleming reported on the following issues that were discussed at the December 14, 2015 BPW meeting: January 6, 2016 15  Green Street parking garage repairs  Grant for storm water study and flood mapping  The Blueway trail will have 3 launch points in Stewart and Cass Parks. A grant has been received for this project.  Renovations to Newman Golf Course club house and potential new restaurant will be studied  The adoption of consistent rules for on-street residential neighborhood parking Disability Advisory Council (DAC) Alderperson Brock stated that the DAC is requesting that the parking pay stations be lowered 6” as they are creating hardships for people who use wheelchairs. They identified a need for better education and marketing on how to use the new technology. The DAC will also be requesting that new standards for accessible spaces for on-street parking be adopted (1accessible space for every 25 spaces – the City currently has 1 accessible space for every 60 spaces). The DAC expressed concerns about the proposed amendments to the Exterior Property Maintenance Ordinance, stating that maintaining accessibility on sidewalks is different than exterior property maintenance. They believe that the City should be looking toward building and maintaining accessible sidewalks as a civil right, and they are opposed to any reduction in snow removal tickets for sidewalks. Alderperson Murtagh noted that he attended the DAC meeting today to hear their concerns. The Exterior Property Maintenance Ordinance proposal will be discussed at Planning & Economic Development Committee meeting next week. Alderperson Murtagh further announced that GIAC’s Annual Martin Luther King, Jr. Breakfast would be held on January 16, 2016 at Beverly J. Martin Elementary School. Volunteers are welcome! REPORT OF CITY ATTORNEY: Motion to Enter into Executive Session to Discuss Pending Litigation By Alderperson Smith: Seconded by Alderperson Kerslick RESOLVED, That Common Council enter into Executive Session to discuss pending litigation. Carried Unanimously MINUTES FROM PREVIOUS MEETINGS: 18.1 Approval of the December 2, 2015 Common Council Meeting Minutes - Resolution This item was deferred to the February 3, 2016 Common Council meeting. ADJOURNMENT: On a motion the meeting adjourned at 8:15 p.m. ______________________________ _______________________________ Julie Conley Holcomb, CMC Svante L. Myrick City Clerk Mayor