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HomeMy WebLinkAboutMN-CC-2016-08-03COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 6:00 p.m. August 3, 2016 PRESENT: Mayor Myrick Alderpersons (8) Brock, McGonigal, Murtagh, Fleming, Smith, Kerslick, Martell, Mohlenhoff OTHERS PRESENT: City Clerk – Conley Holcomb City Attorney – Lavine Deputy City Controller – Andrew Sustainability Coordinator - Goldsmith City Forester – Grace EXCUSED: Alderpersons (2): Nguyen, Gearhart 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 or deletions made to the agenda. PROCLAMATIONS/AWARDS: Quarterly Employee Recognition Award Mayor Myrick presented the Quarterly Employee Recognition Award to Robert Lilly, Department of Public Works/Parks for his recent assistance with the Ithaca Youth Bureau day camp programs. When archery targets came up missing this summer, Mr. Lilly built and installed new ones so the young campers could continue the program. The Ithaca Youth Bureau expressed their gratitude for Mr. Lilly’s efforts which were above and beyond his job responsibilities. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: The following people addressed Common Council regarding swimming in the Six Mile Creek Natural Area: Joe McMahon, City of Ithaca, Chair, Natural Areas Commission Eva Bleakley, Town of Danby John Bleakley, City of Ithaca Scott Miller, City of Ithaca Logan Bell, Town of Ithaca Jeremy Veverka, City of Ithaca Amanda Moretti, City of Ithaca Bob Nape, Town of Lansing Miwa Oseki Robbins, City of Ithaca Carmel Rome, Town of Ithaca Hilary Lambert, Town of Dryden Todd Bittner, Town of Dryden, Cornell Plantations Neil Oolie, City of Ithaca Joel Harlan, Town of Newfield Ann Sullivan, City of Ithaca, thanked the city for its water conservation efforts and stated that more public education is needed. She referenced the drought conditions and questioned whether the City’s water supply would be adequate to support all of the new housing developments that are being built. She stated that the City’s water supply conditions was something that was missing from Plan Ithaca. August 3,2016 2 Neil Golder, City of Ithaca, addressed concerns about the proposed development at 201 College Avenue. He stated that something has changed between the adoption of the 2009 Collegetown Plan and the adoption of the 2014 zoning requirements and it needs to be corrected. Nagiane L. Arriaza, City of Ithaca, GIAC/MRC, expressed support for the approval of the Portal to Peace public art mural. Swimming in the Six Mile Creek Natural Area: Mayor Myrick thanked the speakers for coming out, noting that the swimming in Six Mile Creek Natural Area issue is a challenging one and a more holistic approach is needed. He explained that this item had been placed on the agenda for discussion purposes and there would not be a vote on legislation tonight. Mayor Myrick reiterated that after speaking with people on all sides of the issue, the goals moving forward are common ones. No one wants people to be injured while enjoying the natural area, and no one wants the area to be damaged through the accumulation of trash and graffiti; however, a more comprehensive approach to the issue is needed. He stated that the problem can’t be solved through enforcement alone, this solution should include harm reduction measures, education measures, engineering measures, and enforcement measures. He recommended, with the approval of Common Council, the convening of a small task force to explore all aspects of the situation and to develop potential solutions. The task force would report back to the City Administration Committee. Alderperson Brock responded to comments made by Ms. Sullivan regarding feeling insecure about having reliable access to an adequate water supply in the future. She explained that the Board of Public Works and Common Council discussed at length both the challenges and benefits of staying with the Six Mile Creek water supply or partnering with Bolton Point. She noted that the 60’ dam was built in 1912 and has never been dredged, so there is a large amount of sediment that has collected in the past 100 years. A portion of the water plant project funding has been targeted for dredging the watershed. She further noted that there has also been discussion about exploring the possibility of dredging the reservoir behind the 60’ dam to be see if it could be used as a secondary water storage area. Alderperson Brock further discussed Ithaca’s sense of place and identity, commenting that the City’s wonderful natural assets and waterways are part of that identity. She noted that the waterways are supportable of being attractive for swimming. She further explained that she grew up in Hawaii with its iconic beaches, swimming and surfing, waterfalls, cliffs, and mountains that are generally open to the public and not restricted or patrolled despite the inherent dangers of swimming, surfing, hiking, and its related injuries and fatalities. She stated that access cannot be barred to these areas by law, it is considered a fundamental human right to have access to them. She noted that as the area’s population continues to increase, the demand for recreational access will also increase, as well as a demand for access to streams and natural areas. She expressed her interest in being appointed to the task force as she has a lot of experience on this topic. Alderperson Fleming reminded the public that no one on Council has bad intentions or is mean-spirited. Everyone is trying to weigh a number of challenges and find a balanced solution. She noted that Common Council recently purchased two parcels of land in order to protect the Fall Creek natural area, and has been very intentional about preserving the ecology of these natural areas for the use and enjoyment of the public. In this particular case, Council is debating access to the water with the intention of doing what is best for the people of the City of Ithaca. Alderperson Murtagh questioned why the current city code provisions are not adequate. City Clerk Conley Holcomb responded that the Second Dam is geographically located in the Town of Ithaca, and City code violations cannot be enforced in the Town. City Attorney Lavine added that the City, as a land owner, has the ability to determine what August 3,2016 3 activities are and are not allowed on its land, and can request enforcement for activities taking place that the City does not wish to occur on its property. Alderperson McGonigal stated that there has been a misunderstanding or miscommunication somewhere, noting that Common Council is not “sicking” the cops on people enjoying the natural area. He stated that no one up here (i.e., members of Council) is trying to keep people from swimming in Six Mile Creek. He explained that there are hundreds of people coming to this area every weekend who are damaging trees, doing back flips off of abandoned buildings, getting drunk, using the trails as a bathroom, jumping off of high cliffs, and leaving trash everywhere. He urged the people who love the creek and love swimming in the creek to help curb those activities. He stated that there are not enough enforcement resources available and the natural area is being destroyed. Alderperson Kerslick thanked city staff and the City Administration Committee for bringing this issue forward as it has started a very important discussion. He stated that these are serious issues, and anyone can find pictures on the Internet that show hundreds of people using the area and doing unsafe things. He noted that these issues need to be carefully looked at including measures that will maximize safe activities. He voiced his support for the Mayor’s suggestion to create a task force which might be able to find some level of public access to the water. Alderperson Mohlenhoff noted that no one on the City Administration Committee had an issue with the safe activities that occur in the natural area, and they tried to differentiate between activities that Council was comfortable with and others that they were not comfortable with. She stated that she would work with the Mayor to make sure that what comes back to the City Administration Committee addresses the most severe problems. She voiced her support for the creation of a task force and noted that its work needs to include more than just enforcement. She also asked for assistance from the local residents to help stop the risky and dangerous activities occurring in the natural area. She noted that as a wife of a firefighter, she knows the level of danger that emergency responders are placed in while trying to assist people who made the wrong choices. She stressed the need to solve the right problem, and thanked everyone for caring enough to come out to share their thoughts on the matter. Alderperson Brock noted that she may have a different perspective on the issue, and acknowledged that data is currently being collected that will illustrate the number of incidents that have occurred in the natural area over the summer. She stated that cliff jumping based on the number of fatalities does not cause her concern. She explained that cliff jumping causes anxiety but she does not view that as more dangerous than wind surfing or kite sailing, which are allowed activities. She cautioned that broad brush statements should not be made as all natural areas are not dangerous as she does not believe that the data shows that cliff jumping is dangerous. She believes that most injuries recorded have happened as result of accidents on the trails, and perhaps that should be looked at as well. Mayor Myrick recommended that the proposed legislation be tabled, and that a task force be convened to discuss these issues further and come back with a solution(s). Alderperson McGonigal stated that he believes that a further level of assistance should be considered for the gorge rangers soon as the students will be returning and the problems will be getting bigger. Mayor Myrick agreed that the task force should look at that issue more immediately. City Forester Grace stated that the Rangers have a difficult and thankless job and she appreciates every hour they work and every day they show up. She stated that many of their interactions have been under bad conditions as they’ve had people make threats against them, and have called them obscene names. She echoed what Alderperson McGonigal’s comments and asked local people who love and value the Six Mile Creek Natural Area to apply pressure to the others, who come from out of town, to do the right thing by picking up their trash, and respecting the natural area. She welcomed any volunteers who would like to assist the Rangers in picking up trash and maintaining the area. August 3,2016 4 The following agenda item was tabled: 10.4 Discussion Item with Possible Vote: An Ordinance to Amend Chapter 114 of the City of Ithaca Municipal Code entitled “Natural Areas”, Section 114-7 entitled “Prohibited Activities” ORDINANCE NO. 2016- BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca that the City of Ithaca Municipal Code Chapter 114 entitled “Natural Areas” be amended to read as follows: Section 1. Chapter 114, Section 114-7 of the City of Ithaca Municipal Code entitled “Prohibited Activities” is hereby amended to read as follows: § The following activities are prohibited in all of the natural areas of the City of Ithaca, unless expressly permitted or carried out pursuant to a duly issued permit: A. Camping. B. Littering C. Amplified sound. D. Wood cutting. E. Trapping. F. Rock and ice climbing and rappelling. G. Hunting and shooting. H. Motorized vehicle riding. I. Bicycle riding. J. Plant digging. K. Flower picking. L. Consumption of alcoholic beverages. M. Fires of any kind. N. Bathing, floating, jumping, swimming or otherwise entering the water of any natural area located within or owned by the City of Ithaca shall constitute Trespass. Entering the water for fishing purposes and for wading up to one’s navel is exempt from this provision. Section 2. Severability. If any section, subsection, sentence, clause, phrase or portion of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall not affect the validity of the remaining portions of this ordinance. Section 3. Effective date. This ordinance shall take effect immediately and in accordance with law upon publication of notices as provided in the Ithaca City Charter. PRIVILEGE OF THE FLOOR – MAYOR AND COMMON COUNCIL Mayor Myrick responded to Ms. Sullivan’s comments regarding water conservation efforts, and noted that the Tompkins County Health Department sent out another news release after the recent rains to keep people vigilant about the drought conditions and to encourage continued water conservation efforts. Alderperson Kerslick stated that we can predict more hot and dry summers like this and should take it into consideration in terms of planning and developing redundant water supplies. CONSENT AGENDA ITEMS: City Administration Committee: 8.1 Department of Public Works – Amendment to 2016 Budget - Resolution By Alderperson Smith: Seconded by Alderperson Kerslick WHEREAS, the City of Ithaca is collaborating with the Town of Ithaca and Tompkins County in a one-year pilot program to increase the number of Natural Area Rangers for the Six Mile Creek Natural Area; and August 3,2016 5 WHEREAS, the Town of Ithaca and Tompkins County have each agreed to contribute $7,500 to match the City’s budget of $15,000 for this program; and WHEREAS, City staff has agreed to share data with Town and County officials at the end of the 2016 season in order to determine the success of the enhanced program and to determine whether this collaboration should be continued in the future; now, therefore be it RESOLVED, That Common Council approves an amendment of the 2016 City of Ithaca Budget to accommodate the increase in revenue collected and the related seasonal employment expenses as follows: Increase Revenue: A7111-2705 Parks Gifts/Donations $15,000 Increase Expenditures: A7111-5120 Parks $15,000 Carried Unanimously 8.2 Finance – Controller’s Office – Request to Amend Personnel Roster - Resolution By Alderperson Smith: Seconded by Alderperson Kerslick WHEREAS, the Controller’s Office has been informed that the current Accounts Payable Coordinator will retire at the end of July; and WHEREAS, the Controller’s Office will take this opportunity to upgrade the position to Administrative Coordinator, allowing for more accounting and payroll functions to occur within the office; now, therefore be it RESOLVED, That the authorized personnel roster for the Finance Department – Controller’s Office be hereby amended as follows: Add: One (1) Administrative Coordinator (40 hours/week) and be it further RESOLVED, That upon the retirement of the Accounts Payable Coordinator, the position shall be deleted from the Finance – Controller’s Office Department Roster; and, be it further RESOLVED, That funding for said roster amendment shall be derived from existing funds within the Finance Department – Controller’s Office budget; and, be it further RESOLVED, That this position of Administrative Coordinator shall be designated as a confidential position pursuant to section 201.7(a) of New York State Civil Service Law and shall be assigned to the confidential employees compensation plan at salary grade 8. Carried Unanimously 8.3 Department of Public Works - Streets & Facilities - Amendment to Personnel Roster - Resolution By Alderperson Smith: Seconded by Alderperson Kerslick WHEREAS, a Custodial Worker has just retired from the Streets and Facilities, Buildings and Grounds unit; and WHEREAS, the Department of Public Works has a need for a Building and Grounds Maintenance Worker to perform minor repairs as well as custodial duties; now, therefore, be it RESOLVED, That Common Council hereby amends the Department of Public Works Personnel roster as follows: August 3,2016 6 Add: One (1) Building and Grounds Maintenance Worker (40 hours/week) Delete: One (1) Custodial Worker (40 hours/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 Department of Public Works – Water and Sewer - Amendment to Personnel Roster for the Water Treatment Plant (WTP)- Resolution By Alderperson Smith: Seconded by Alderperson Kerslick WHEREAS, The City of Ithaca Water Treatment Plant (WTP) has need of succession training overlap for the Laboratory Technician to meet the needs of the WTP with the planned retirement of the current Laboratory Technician on December 22, 2016; and WHEREAS, the City of Ithaca WTP has immediate need for succession planning overlap with a second position in the Title of Laboratory Technician; and WHEREAS, the City of Ithaca Water Treatment Plant currently has a funded and vacant 20-hour per week Financial Management Assistant position on their Personnel Roster for 2016 from which funds for this second position could be derived; and WHEREAS, the City of Ithaca Water Treatment Plant Laboratory position is currently funded for 35 hours per week and 40 hours per week is needed to meet the WTP needs; and WHEREAS, the City of Ithaca WTP will budget to provide for the Laboratory Technician position at 40 hours per week in the 2017 and future budgets; and WHEREAS, the Civil Service Commission will be reviewing the New Position Duties Statement for the second overlapping Laboratory Technician position for the City of Ithaca Water Treatment Plant; now, therefore, be it RESOLVED, That Common Council approves, contingent upon approval by the Civil Service Commission of the New Position Duties Statement, that effective August 1, 2016, the Personnel Roster of the Water Treatment Plant be amended as follows: Add: (1) Laboratory Technician (40 hours/week) ; and, be it further RESOLVED, That upon the retirement of the current Laboratory Technician, the existing thirty-five (35) hours/week position will be deleted from the Personnel Roster of the Water Treatment Plant; and, be it further RESOLVED, That funding for this change shall be derived from within the existing departmental budget. Carried Unanimously 8.5 Department of Public Works - Amendment to 2016 Budget - Resolution By Alderperson Smith: Seconded by Alderperson Kerslick WHEREAS, a pedestrian warning signal comprising of a concrete pole and flashing beacons in the vicinity of Belle Sherman Elementary school has failed; and WHEREAS, staff has reviewed the location and recommends the pole, and its equivalent on the other side of Cornell Street, be replaced, along with the flashing beacons mounted on the poles by City crews, at an estimated cost of $14,000; and August 3,2016 7 WHEREAS, the current balance in the unrestricted contingency account is $115,000; now, therefore be it RESOLVED, That Common Council authorizes funding in the amount of $14,000 be transferred from account A1990 – Unrestricted Contingency to account A3311-5479 – Equipment Parts for the purpose of replacing said poles. Carried Unanimously 8.6 Department of Public Works – Ithaca Area Waste Water Treatment Plant (IAWWTP) - Recommendation to Fund Professional Services Agreement with SourceOne to Assist in the Preparation of the New York State Energy Research and Development Authority (NYSERDA) New York Prize Phase 2 Request for Proposals (RFP) 3044 Grant Application – Resolution By Alderperson Smith: Seconded by Alderperson Kerslick WHEREAS, the Ithaca Area Waste Water Treatment Facility (IAWWTF) is a facility owned by the City of Ithaca and the Towns of Dryden and Ithaca, and governed by the Special Joint Committee (SJC); and WHEREAS, the IAWWTF has been leading a community wide exploration of using the plant as a resource for a distributed electricity supply platform for a local microgrid; and WHEREAS, SourceOne completed a NY Prize Phase 1 Feasibility Study that has been approved by NYSERDA and thus qualifies this project for Phase 2; and WHEREAS, IAWWTF has received a proposal for assisting with the preparation of the Phase 2 application that must provide a detailed work plan for advanced engineering from SourceOne for the amount of $48,960; and WHEREAS, the SJC approved the expense at its July 13, 2016, regular meeting; now, therefore be it RESOLVED, That the SJC recommends that SourceOne be selected to complete the Phase 2 application technical details for the amount of $48,960; and, be it further RESOLVED, That the City of Ithaca Mayor, the Town of Ithaca Supervisor, and the Town of Dryden Supervisor be authorized to sign the agreement; and, be it further RESOLVED, That the funding for the professional services agreement is contingent upon the approval of the City of Ithaca, Town of Ithaca and Town of Dryden; and, be it further RESOLVED, That Common Council hereby recommends funding this proposal contingent upon action by all wastewater owners and their respective attorneys committing their percentage of reimbursement shares to the Joint Activity Fund CP421J as follows: Municipality Percentage Project Cost City of Ithaca 57.14 $27,975.74 Town of Ithaca 40.88 20,014.85 Town of Dryden 1.98 969.41 $ 48,960.00 ; and be it further RESOLVED, That Common Council hereby amends Capital Project #421J Microgrid for Electric Power Feasibility by an amount not to exceed $48,960, for an amended project authorization of $148,960; and be it further RESOLVED, That funds for said amendment shall be derived from Capital Reserve J1 or existing operating funds. Carried Unanimously August 3,2016 8 PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE: 9.1 Resolution to Select Artwork for a Mural Installation on the West Facing Entry Wall of the Green Street Parking Garage By Alderperson Murtagh: Seconded by Alderperson Smith WHEREAS, the City of Ithaca Public Art Commission (PAC) has been established to, among other duties, review and advise the Common Council on proposals for the exhibition and display of public art in the City’s public spaces; and WHEREAS, in 2010, the PAC created a mural and street art program to beautify blank walls within the City, while providing local artists from all sections of the community an opportunity to showcase their work; and WHEREAS, the Board of Public Works approved several locations for future murals and street art, including walls in the City garages on Green Street and Seneca Street, by resolution on May 19, 2010; and WHEREAS, local artist Lachlan Chambliss has submitted his mural proposal “Portals to Peace” as part of the PAC’s Mural and Street Art Program; and WHEREAS, Mr. Chambliss was selected by a group of community members to paint a mural that celebrates Muslim culture; and WHEREAS, the PAC held a public comment period on the mural design and location at its meeting on June 22, 2016 to gather input on the proposed installation, and the public responses to the proposal have been positive; and WHEREAS, the mural will be privately funded, and the installation will be budget neutral to the City; and WHEREAS, while a quorum was not present at its meeting on June 22, 2016, a majority of the members in attendance supported sending the proposal to Common Council for its consideration; now, therefore be it RESOLVED, That the City of Ithaca Common Council selects Lachlan Chambliss’s mural proposal “Portals to Peace” to be installed on the west-facing entry wall of the Green Street Parking Garage and to be added to the City of Ithaca’s public art collection; and, be it further RESOLVED, That the selected artist may proceed with the installation of his mural upon the execution of an agreement with the City as reviewed by the City Attorney. Carried Unanimously 9.2 Resolution to Select Artwork for the Electrical Boxes on the Commons: “An Electrical Box Mural Project” By Alderperson Murtagh: Seconded by Alderperson Kerslick WHEREAS, the City of Ithaca Public Art Commission (PAC) has been established to, among other duties, review and advise the Common Council on proposals for the exhibition and display of public art in the City’s public spaces; and WHEREAS, in 2010, the PAC created a mural and street art program to beautify blank walls within the city while providing local artists from all sections of the community an opportunity to showcase their work; and WHEREAS, the Board of Public Works approved several locations for future murals and street art, including municipal electrical boxes throughout the city, by resolution on May 19, 2010; and August 3,2016 9 WHEREAS, in 2012 the PAC launched a project to beautify 21 municipal electrical boxes through the creation of mini-murals by selected artists, and a second round of the project was completed in 2014; and WHEREAS, due to the success of the two projects, the PAC has initiated a third round of electrical box murals to be completed in 2016, including the three new electrical boxes installed on the Commons; and WHEREAS, the project will be funded through a grant from the Community Arts Partnership of Tompkins County and will be budget-neutral to the City; and WHEREAS, the PAC issued a Request for Proposals earlier this spring and after reviewing all of the submissions with the Commons Management Team, distributed 3 proposals for public comment; and WHEREAS, the PAC held a special meeting on July 7, 2016, to review public comment, and while a quorum was not present, all members in attendance as well as the liaisons supported Common Council’s selection of the artwork submitted by Erica Brath, Jennifer Gioffre and David Todd, and Catherine Montgomery to be installed on the 3 new electrical boxes on the Commons; now, therefore be it RESOLVED, That the City of Ithaca Common Council selects the submissions of the following artists for Commons Boxes: An Electrical Box Mural Project: Erica Brath, Jennifer Gioffre and David Todd, and Catherine Montgomery (as shown in “Common Boxes Mural Proposals (2016)”); and, be it further RESOLVED, That the selected artists may proceed with the installation of their murals on their appointed electrical box upon the execution of an agreement with the City (as reviewed by the City Attorney). Carried Unanimously 9.3 Resolution to Select Artwork for the Public Art Commission’s Rainwater Art Project on City-Owned Sidewalks 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, the PAC has proposed the installation of rainwater art, artwork that is only visible during periods of rain, on City-owned sidewalks around downtown Ithaca; and WHEREAS, the installation will be temporary, and the artwork will wear away with foot traffic, weather, and shoveling; and WHEREAS, the Board of Public Works approved nine locations for the project by resolution on April 25, 2016; and WHEREAS, the PAC wanted community involvement in the project and released an online survey in June 2016 that allowed the public to vote for their favorite rainwater art designs; and WHEREAS, the project will be funded through a grant from a private foundation and will be budget neutral to the City; and WHEREAS, at its meeting on June 22, 2016, the PAC reviewed the top 10 designs selected by the community and unanimously voted to recommend that the Common Council approve the designs, as shown in the attached “2016 Rainwater Art” information, for installation on City-owned sidewalks around downtown Ithaca, as approved by the Board of Public Works; now, therefore be it RESOLVED, That the City of Ithaca Common Council selects the design shown in the attached “2016 Rainwater Art” information, as recommended by the Public Art August 3,2016 10 Commission, for installation on approved City-owned sidewalks around downtown Ithaca as part of the Rainwater Art Project. Carried Unanimously 9.4 Resolution to Endorse Tompkins Residential Energy Score Program (RESP) By Alderperson Murtagh: Seconded by Alderperson Kerslick WHEREAS, the City of Ithaca has goals of reducing energy use and greenhouse gas (GHG) emissions, and according to the March 2016 Tompkins County Energy Roadmap, in order to meet the goal of reducing GHG emissions 80% by the year 2050, the community will need to achieve at least a 35% reduction in energy use in existing buildings through retrofits and upgrades; and WHEREAS, the Comprehensive Plan recommends that the City “collaborate with Tompkins County and/or local municipalities to explore required disclosures of energy use for all properties” and the adopted Energy Action Plan recommends to “investigate point of sale energy audits” and to “explore voluntary certification programs and incentives such as Energy Star or Home Energy Rating System (HERS) Index;” and WHEREAS, the NYS Reforming the Energy Vision initiative has a goal of helping consumers make better and more informed energy choices; and WHEREAS, a residential energy score program would benefit residents of all income levels by providing the ability to better understand and reduce energy-related living costs; and WHEREAS, a project team, composed of representatives of the Towns of Caroline, Danby, Ithaca, Ulysses and the City of Ithaca, with consultation from Cornell Cooperative Extension of Tompkins County and the Tompkins County Planning Department, was formed in 2013 to work on a residential energy score project; and WHEREAS, the Town of Ithaca, working on behalf of the project team, submitted and was awarded grant funding from NYSERDA’s Cleaner, Greener Communities program, and contracted with subject matter experts Performance Systems Development to develop deliverables for the project; and WHEREAS, the original project proposal was to develop and adopt a local law or ordinance to require a home energy rating be disclosed at the time of listing for sale; however, due to pubic feedback and the lack of incontestable legal authority to enact such a law, the project team opted to develop a voluntary program and phased implementation plan; and WHEREAS, extensive public outreach guided the creation of the first draft report of the program and implementation plan, completed on February 24, 2016. The second draft was informed by more than 250 comments collected from additional public outreach, and was presented to the governing boards of the five partner municipalities between May 23 and June 15, 2016, with a comment period ending on June 17, 2016, and comments on the second draft were incorporated into the final report, titled “Tompkins Residential Energy Score Program and Implementation Plan;” and WHEREAS, the grant contract with NYSERDA requires the project team to present the final report to the governing boards of each of the five partner municipalities for consideration of adoption, including a formal vote; and WHEREAS, funding for implementation of the RESP program will be primarily sought from outside sources, and the City’s endorsement of the program will strengthen funding requests; now, therefore be it RESOLVED, That the Common Council of the City of Ithaca endorses the Tompkins Residential Energy Score Program and Implementation Plan, dated July 6, 2016. August 3,2016 11 Alderperson Kerslick thanked the project team for listening to Common Council’s recommendations and modifying the program accordingly. Alderperson McGonigal stated that he was impressed by the work completed to date and questioned whether the City would be asked to hire someone to evaluate the program in the future. Sustainability Coordinator Goldsmith responded that the project team would look for grant funds to pay for a program implementer. Alderperson Brock asked for confirmation that once a homeowner participates in the program, they can keep their score private. Sustainability Coordinator Goldsmith stated that the energy score rating would not be available without the consent of property owner; however, the project team would like to use aggregated data. A vote on the Resolution resulted as follows: Carried Unanimously CITY ADMINISTRATION COMMITTEE: 10.1 Department of Public Works – Request to Establish a Capital Project for Americans with Disability Access (ADA) Ramps and Pedestrian Enhancements in Various Locations around the City - Resolution By Alderperson Mohlenhoff: Seconded by Alderperson Fleming WHEREAS, Section 14-k of the New York State Transportation Law establishes the Multi-Modal (MM) Programs 1,2,3 and 4 that may fund eligible project costs for capital projects approved by the Commissioner of Transportation; and WHEREAS, on February 9, 2015, the Board of Public Works discussed possible projects to submit for New York State MM funding and selected a project to improve sidewalk curb ramps to meet requirements of the Americans with Disabilities Act and to enhance pedestrian street crossings at various locations around the City; and WHEREAS, the City of Ithaca has been nominated to receive $250,000 from the New York State Multi-Modal Program for ADA ramps and pedestrian enhancements such as curb bulbouts; and WHEREAS, Common Council approves this reimbursement project; now, therefore be it RESOLVED, That Common Council hereby establishes Capital Project #831 “Pedestrian Enhancements, Bulb-outs and ADA Ramps”, in an amount not to exceed $250,000 for the purposes of designing and constructing such improvements; and, be it further RESOLVED, That funding for said Capital Project shall be derived from the issuance of Serial Bonds with the understanding that all eligible expenses will be reimbursed by the New York State MM Program; and, be it further RESOLVED, That the Mayor of the City of Ithaca is hereby authorized to enter into any and all agreement(s) with the State of New York related to this project, upon review by the City Attorney; and, be it further RESOLVED, That this project be undertaken with the understanding that the final cost of the project to the City of Ithaca will be roughly 0% of said portion, currently estimated at $0 of the $250,000 authorized for this portion of the project, in monies and in-kind services as managed by the Superintendent of Public Works and monitored by the City Controller. Carried Unanimously 10.2 Department of Public Works – Establishment of Capital Project Funding for Carbon Monoxide Detection - Resolution By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick WHEREAS, New York State has adopted a rule (Section 1228.4 of Title 19 NYCRR) requiring carbon monoxide detection in commercial buildings in 2016, which, according to the building and fire codes, includes municipal buildings; and August 3,2016 12 WHEREAS, many City-owned facilities have carbon monoxide sources and thus will need to be brought into compliance with this regulation; and WHEREAS, staff has estimated that the total project cost will be approximately $50,000; and WHEREAS, this expense was not budgeted for in 2016; and WHEREAS, the current balance in the unrestricted contingency account is $101,000; and WHEREAS, on June 13, 2016, the Board of Public Works recommended that Common Council establish a project (either a capital project or a transfer from contingency accounts) in the amount of $50,000 to address the New York State carbon monoxide regulation; now, therefore, be it RESOLVED, That a sum not to exceed $50,000 is hereby appropriated from account A1990 –Unrestricted Contingency and transferred to account A1620-5225 – Other Equipment. Discussion followed on the floor regarding unfunded mandates from the New York State. A vote on the Resolution resulted as follows: Carried Unanimously Chair’s Report: Alderperson Mohlenhoff reminded Council members that the meeting to discuss parking and capital project requests has been scheduled for September 28, 2016 at 6:00 pm. She requested that any requests for data be forwarded to Chief of Staff Cogan. Alderperson Brock stated that she would like to see staff responses to the Mayor’s budget. 10.3 City Controller’s Report: Deputy City Controller Andrew reported on the following: August 1st was the deadline for departmental budgets and all budgets have been submitted to the Controller’s Office. 2015 year-end activity has been completed and the audit will begin in September. INDIVIDUAL MEMBER – FILED RESOLUTIONS: 13.1 Alderperson Murtagh - Resolution to Select Artwork for a Mural Installation on the Bank Alley Newspaper Box By Alderperson Murtagh: Seconded by Alderperson McGonigal WHEREAS, in 2010, the Public Art Commission (PAC) created a mural and street art program to beautify blank walls within the city, while providing artists from all sections of the community an opportunity to showcase their work; and WHEREAS, local artist Meredith Lawhead originally submitted her proposal “Greetings from the Commons” in response to a call for mural proposals for the new Commons electrical boxes, and the Commons Team has proposed Ms. Lawhead’s design for installation on the back side of the newspaper box located in Bank Alley on the Commons; and WHEREAS, public comment was sought on the proposal through notification of surrounding property owners, Downtown Ithaca Alliance members, and City staff, and the response to the proposal has been mostly positive; and WHEREAS, the PAC did not meet to provide a recommendation on this proposal but individual members reviewed the design and location and submitted their comments; and August 3,2016 13 WHEREAS, the mural will be funded by the Downtown Ithaca Alliance, and the installation will be budget-neutral to the City; now, therefore be it RESOLVED, That the City of Ithaca Common Council selects Meredith Lawhead’s mural proposal “Greetings from the Ithaca Commons” to be installed on the newspaper box in Bank Alley on the Commons and to be added to the City of Ithaca’s public art collection; and, be it further RESOLVED, That the selected artist may proceed with the installation of her mural upon the execution of an agreement with the City as reviewed by the City Attorney. Alderperson Brock noted that this request did not follow the normal process for public art installations (ie. there was no public input period, the entire committee did not meet to discuss this piece, the sketch that was submitted appears unfinished, etc.), and asked if there was a rush for this approval. Alderperson Murtagh explained that this artwork is being funded by the Downtown Ithaca Alliance but he wasn’t aware of any funding deadlines. He further noted that the Commons Project Team suggested that the approval for this piece move forward. Alderperson Martell stated that she was comfortable voting tonight and had trust in City Planner Megan Wilson. Mayor Myrick noted that he knows the artist and knows that the final product will not look like sketch that was submitted. Alderperson McGonigal questioned why this piece of artwork not follow normal process. Alderperson Brock suggested that the artwork also highlight Ithaca College and not just Cornell University. A vote on the Resolution resulted as follows: Ayes (6) Murtagh, Fleming, Smith, Kerslick, Mohlenhoff, Martell Nays (2) Brock, McGonigal Carried (6-2) MAYOR’S APPOINTMENTS: By Alderperson Martell: Seconded by Alderperson Smith 14.1 Appointment to the Board of Public Works – Resolution RESOLVED, That Marshall MacCormick be appointed to the Board of Public Works to fill a vacancy with a term to expire December 31, 2018 14.2 Appointment to Cable Access Oversight Committee – Resolution RESOLVED, That Sue Perlgut be appointed to the Cable Access Oversight Committee to fill a vacancy with a term to expire December 31, 2016. Carried (7-0) Alderperson Kerslick absent from vote REPORTS OF COMMON COUNCIL LIAISONS: Alderperson Murtagh announced that Alderperson Nguyen would be hosting an event at Cinemapolis on Tuesday, August 30, 2016 at 6:30 pm entitled “Code: De-bugging the Gender Gap” that will included a panel of local woman who work in software. Board of Public Works Alderperson Fleming reported on the following: – The Water & Sewer Division should be finished laying pipes under Dryden Road in mid-August. – The clear well replacements costs are estimated to come in approximately $100,000 under budget – Cascadilla Creekway Project – the Board will not be selecting the cheapest option for railings. – Spencer Road Reconfiguration Public Session – the best option identified by residents was to “dead end” Spencer Road at Stone Quarry Road; however, this option is still in the discussion phase. August 3,2016 14 – Penalties for abusing the pavilion at Stewart Park will be discussed at the next meeting. Tompkins County Council of Governments Alderperson Fleming reported on the following: – A presentation was made regarding a toolkit for employers regarding domestic violence. – A committee is being formed to develop a rural first response service. – Tompkins County adopted a Resolution asking NYS legislators to support TCAT. REPORT OF CITY CLERK: City Clerk Conley Holcomb announced that the Bear Walk Community Street Fair will be held on Tuesday, August 30, 2016 from 6:00-8:00 pm on the 400 block of College Avenue. This event is jointly sponsored by Cornell University and the City of Ithaca to promote the engagement of students into the community, to inform them of all of the services available to them as well as educate them on City laws and regulations, and to teach them to be responsible neighbors. Public Comment - Continued Illaria Delgado, a research intern at the Waste Water Treatment Plant, urged Common Council to continue to educate people in the community about how significantly low water levels are, and to encourage them to conserve water by doing things such as collecting rain water to irrigate gardens, installing low-flow shower heads, etc. MINUTES FROM PREVIOUS MEETINGS: 18.1 Approval of the July 6, 2016 Common Council Meeting Minutes – Resolution By Alderperson Smith: Seconded by Alderperson Kerslick RESOLVED, That the minutes of the July 6, 2016 Common Council meeting be approved as amended. Carried Unanimously ADJOURNMENT: On a motion the meeting adjourned at 8:05 p.m. ______________________________ _______________________________ Julie Conley Holcomb, CMC Svante L. Myrick City Clerk Mayor