HomeMy WebLinkAboutMN-CC-2016-10-05COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 6:00 p.m. October 5, 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
Fire Chief – Parsons
PLEDGE OF ALLEGIANCE:
Mayor Myrick led all present in the Pledge of Allegiance to the American Flag.
PROCLAMATIONS/AWARDS:
Mayor Myrick proclaimed October 22, 2016 as Into the Streets Day in the City of Ithaca.
Into the Streets is a student-directed program and is Cornell University's biggest day of
service. Celebrating its 25th anniversary, Into the Streets has grown to be one of the
largest service events with 500 Cornell students learning about and strengthening ties
with the surrounding Ithaca community.
SPECIAL ORDER OF BUSINESS:
4.1 A Public Hearing Regarding the Proposed Assessment Roll, Budget, and
Schedule of Work for Each Sidewalk Improvement District for Fiscal Year 2017
(collectively, “FY 2017 SID Documents”)
Resolution to Open Public Hearing:
By Alderperson Kerslick: Seconded by Alderperson Mohlenhoff
RESOLVED, That the Public Hearing Regarding the Proposed Assessment Roll,
Budget, and Schedule of Work for Each Sidewalk Improvement District for Fiscal Year
2017 (collectively, “FY 2017 SID Documents”) be declared open.
Carried Unanimously
No one appeared to address Council.
Resolution to Close Public Hearing:
By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick
RESOLVED, That the Public Hearing Regarding the Proposed Assessment Roll,
Budget, and Schedule of Work for Each Sidewalk Improvement District for Fiscal Year
2017 (collectively, “FY 2017 SID Documents”) be declared closed.
Carried Unanimously
City Attorney Lavine explained that Common Council will vote at the November 2, 2016
Common Council meeting on the Local Law that will determine the 2017 Sidewalk
Improvement Plan.
SPECIAL PRESENTATIONS BEFORE COUNCIL:
Special Presentation on Participatory Budgeting – Multicultural Resource Center
Four fellows from the Youth Organizing Fellowship, powered by the Multicultural
Resource Center and the Park Foundation, made a presentation to Common Council
regarding their work in implementing a participatory budgeting initiative in the City of
Ithaca.
They reviewed the make-up and history of the Fellowship, and shared their campaign
goals and the proposed timeline of their work. They described the basic process of
participatory budgeting including voter eligibility, community empowerment/youth
involvement, governmental transparency, and potential funding sources.
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Discussion followed with Common Council members regarding ways that discretionary
funding could become available for funding neighborhood projects in the future, and the
philosophical challenges that may arise by allowing people who are not city taxpayers to
vote on projects. It was suggested that the Fellowship become involved in the
neighborhood sidewalk improvement district work plans as that system has a similar
format to participatory budgeting and they could be very helpful in increasing public
engagement in the decision making process.
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
The following people addressed Common Council:
Sara Hess, City of Ithaca, urged the City to create a full-time Sustainability Planner vs.
the current position shared with the Town of Ithaca. She stated that there were many
projects this person could work on such as “stretch” building codes, municipal control
over utility pricing and energy sourcing, and community choice aggregation that would
create a return on investment for the increased personnel compensation costs.
Joel Harlan, Town of Newfield, spoke regarding retail development in Carpenter
Business Park vs. housing development. He further discussed the history of flooding in
that area as well as soil settlements.
Neil Golder, City of Ithaca, addressed Collegetown zoning concerns, specifically the
MU-1 zone. He noted that he is not opposed to density or housing in Collegetown;
however, he is concerned about the design and appropriateness of the proposed
buildings. He stated that the intent of the zoning was to implement the 2009
Collegetown Plan.
Marty Blodgett, City of Ithaca, addressed concerns regarding the Exterior Property
Maintenance Ordinance and tickets that were issued to her that amount to $1,000 worth
of fines. She urged reform of the violation notification process as a number of tickets
had been issued before she was even made aware of the first violation.
PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR:
Mayor Myrick asked Ms. Blodgett to call him directly if she wanted to discuss her
Exterior Property Maintenance concerns in more detail.
Alderperson Murtagh noted that there would be continued discussion regarding the
Exterior Property Maintenance Ordinance at the November 9, 2016 Planning and
Economic Development Committee meeting.
Alderperson McGonigal announced the recent passing of Joseph Kohm, a native
Ithacan, Master Electrician, member of the City’s Examining Board of Electricians,
loving family man and truly one of Ithaca’s finest citizens. He expressed his respects
and condolences to the Kohm family.
CONSENT AGENDA ITEMS:
City Administration Committee:
8.1 City Controller’s Office - Request to “Piggyback” Bid - Resolution
By Alderperson Brock: Seconded by Alderperson Kerslick
WHEREAS, the City of Ithaca Fire Department went out to bid for Self-Contained
Breathing Apparatus units on April 11, 2016; and
WHEREAS, New York State (NYS) allows an exception to General Municipal Law
(GML) Sec. 103 Whereby a political subdivision of NYS is allowed to “Piggyback” on a
contract/bid as long as the municipality letting the bid makes that contract available to
the other entity; and
WHEREAS, the Candor Fire District in Candor, NY has requested that they be allowed
to “Piggyback” on our bid award as provided by GML Sec. 103(16); now therefore, be it
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RESOLVED, That Common Council approves the request from the Candor Fire District
to “Piggyback” on our bid award from our bid dated April 11, 2016.
Carried Unanimously
PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE:
9.1 Resolution to Select Artwork for a Mural Installation on the Cayuga
Waterfront Trail
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 by resolution on May 19, 2010 and added the Cayuga Waterfront Trail to this
list on September 12, 2016; and
WHEREAS, McKenzie Jones Rounds, on behalf of the Ithaca Festival, has submitted a
proposal for Art in Glow, a glow in the dark mural featuring a dandelion and the Festival
slogan, to be installed on the surface of the Cayuga Waterfront Trail as part of the
PAC’s Mural and Street Art Program; and
WHEREAS, after discussing the project with the Ithaca Festival staff, the PAC agreed
that the section of the Cayuga Waterfront Trail adjacent to the New York State
Department of Transportation (NYS DOT) property would be an appropriate location for
the proposed glow in the dark mural; and
WHEREAS, the PAC held a public comment period on the mural design and location at
its meeting on August 24, 2016 to gather input on the proposed installation, and the
public responses to the proposal have been mostly 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 for this discussion at the August 24th
meeting, all PAC members in attendance recommended that the Common Council
approve the Ithaca Festival’s 2016 Art in Glow project for installation on the Cayuga
Waterfront Trail; now, therefore, be it
RESOLVED, That the City of Ithaca Common Council selects the Ithaca Festival’s 2016
Art in Glow project featuring a dandelion and the Festival slogan to be installed on the
portion of the Cayuga Waterfront Trail adjacent to the NYS DOT property 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 Murtagh noted that the Public Art Commission has not had a quorum for
the past several approvals of public art installations. He asked the Mayor to make
appointments to this Commission so that Common Council can be confident that the
proper approval process has been followed. Alderperson Gearhart explained that there
is only one vacancy on the Public Art Commission and there is a proposed appointment
for that seat later in the agenda. He noted that the Commission is having trouble finding
a meeting time that works for everyone.
A vote on the Resolution resulted as follows:
Carried Unanimously
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Alderperson Murtagh reported that the Maguire Car Dealership project will be discussed
further at the October 12, 2016 Planning and Economic Development Committee.
There will also be a discussion on “Form Ithaca” which will include a review of a
completed draft of a form based zoning code for the City of Ithaca. He encouraged all
interested Council members to attend the meeting.
CITY ADMINISTRATION COMMITTEE:
10.1 Fire Department - Acceptance of Staffing for Adequate Fire and Emergency
Response (SAFER) Grant - Resolution
By Alderperson Fleming: Seconded by Alderperson McGonigal
WHEREAS, the Fire Chief of Ithaca Fire Department submitted an application for
funding assistance under the Staffing for Adequate Fire and Emergency Response
(SAFER) program to fund (4) firefighter positions for two years, which have been
unfunded in the City Budget since 2013; and
WHEREAS, the Fire Chief was notified on September 9th, 2016 by the Federal
Emergency Management Agency (FEMA) that the City of Ithaca has been awarded a
grant of $640,015 to fund four, currently unfunded, firefighter positions for two years;
and
WHEREAS, under the terms and conditions of the SAFER grant: the City cannot
eliminate (unfund or layoff) any currently funded Firefighter or Fire Officer’s positions; if
a vacancy due to retirement or resignation occurs, the grant requires the position to be
filled as soon as possible and after two years, Council will have to decide whether to
continue funding the four positions; and
WHEREAS, the US FEMA SAFER program requires a letter of commitment from the
City’s governing body agreeing to the terms and conditions of the SAFER grant
program; now, therefore be it
RESOLVED, That the Common Council of the City of Ithaca agrees to accept SAFER
Grant Funding for (4) four additional firefighter positions in the 2017 and 2018 Budget
under the terms and conditions of the SAFER grant program (Application EMW-2015-
FH-00398); and, be it further
RESOLVED, That the Mayor is authorized to submit a letter of commitment to US
FEMA agreeing to the terms and conditions of the SAFER grant award; and, be it
further
RESOLVED, That after the completion of the SAFER Grant Performance Period, the
Common Council of the City of Ithaca will decide whether to continue funding the
positions or seek additional outside funding for Fiscal Year 2019.
Alderperson Mohlenhoff recused herself from the discussion and vote on this item as
she is married to a fire fighter.
Alderperperson Fleming noted that the City Administration Committee had a good
discussion about this grant progam and pointed out that Fire Chief Parsons has
distributed additional information for Council’s reference.
Fire Chief Parsons answered questions from Council members regarding the
deployment of the fire fighters, conditional employment agreements, and expectations
surrounding these positions. He highlighted the number of positions that have been lost
through previous budget cuts and the increase in demand for Fire Department services
due to all of the new commercial and housing development in both the City and Town.
A vote on the Resolution resulted as follows:
Ayes (9) Brock, McGonigal, Nguyen, Murtagh, Gearhart, Fleming, Smith,
Kerslick, Martell
Nays (0)
Recusals (1) Mohlenhoff
Carried 9-0-1
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10.2 Common Council – A Local Law to Override the Tax Levy Limit Established
in General Municipal Law
By Alderperson Mohlenhoff: Seconded by Alderperson Martell
Local Law No. _____ - 2016
BE IT ENACTED by Common Council of the City of Ithaca as follows:
Section 1. Legislative Intent
It is the intent of this local law to allow the City of Ithaca to adopt a budget for the fiscal
year commencing January 1, 2017, that requires a real property tax levy in excess of
the “tax levy limit” as defined by General Municipal law §3-c.
Section 2. Authority
This local law is adopted pursuant to subdivision 5 of General Municipal Law §3-c,
which expressly authorizes a local government’s governing body to override the
property tax cap for the coming fiscal year by the adoption of a local law approved by a
vote of sixty percent (60%) of said governing body.
Section 3. Tax Levy Limit Override
The Common Council of the City of Ithaca, County of Tompkins, New York, is hereby
authorized to adopt a budget for the fiscal year commencing January 1, 2017, that
requires a real property tax levy in excess of the amount otherwise prescribed in
General Municipal Law §3-c.
Section 4. Severability
If a court determines that any clause, sentence, paragraph, subdivision, or part of this
local law or application thereof to any person, firm or corporation, or circumstance is
invalid or unconstitutional, the court’s order or judgment shall not affect, impair or
invalidate the remainder of this local law, but shall be confined in its operation to the
clause, sentence, paragraph, subdivision, or part of this local law or in its application to
the person, individual, firm or corporation or circumstance, directly involved in the
controversy in which such judgment or order shall be rendered.
Section 5. Effective Date
This local law shall take effect immediately upon filing with the Secretary of State.
A roll call vote resulted as follows:
Alderperson Brock: Aye Alderperson McGonigal: Aye
Alderperson Nguyen: Aye Alderperson Murtagh: Aye
Alderperson Gearhart: Aye Alderperson Fleming: Aye
Alderperson Smith: Aye Alderperson Kerslick: Aye
Alderperson Mohlenhoff: Aye Alderperson Martell: Aye
Carried Unanimously
Budget Process:
Alderperson Mohlenhoff reviewed the departmental budget summary sheet and
requested feedback from Common Council. This document will be sent to department
heads for completion and will be distributed to Council prior to the beginning of the
departmental budget meetings on October 13, 2016. Requests above the Mayor’s
Budget (RAM) forms will also be requested prior to October 13th.
Alderperson Brock stated that she had not had an opportunity to adequately review the
departmental budget summary form and requested that the deadline for review be
extended until October 6th so she could provide feedback.
10.3 City Controller’s Report
City Controller Thayer reported on the following:
2017 budget development – the Mayor’s Recommended Budget has been
released and meetings with departments will begin on October 13th.
The 2015 audit is scheduled to begin shortly.
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Sales tax is holding steady at 1.6% ahead of last year – an increase of $129,000.
Overtime costs: $960,000 was budgeted – $775,000 has been spent to date and
it is projected that this budget line will be exceeded. He explained that these
costs are mostly comprised of police and fire department overtime; however, the
Department of Public Works also accounts for a small part of this. The Police
Department has open positions that will be filled soon. The unused salary line for
these positions will offset some of the expenses.
Building Permits: $800,000 was budgeted – $980,000 has been collected to date.
Parking: $2.3 million budgeted – $2.1 million has been collected to date and it is
projected that the budgeted figure will be exceeded.
The CPI for August 1.1% and is 1% for 2016
The sale of the Canopy Hotel property has been completed so now the $25,000
in funding is available for the demolition of the Falls Street project.
MAYOR’S APPOINTMENTS:
14.1 Bicycle Pedestrian Advisory Council – Resolution
By Alderperson Martell: Seconded by Alderperson Kerslick
RESOLVED, That Amanda Zerilli be appointed to the Bicycle Pedestrian Advisory
Council to fill a vacancy with a term to expire December 31, 2019, and be it further
Commons Advisory Board – Resolution
RESOLVED, That Tim Gray be reappointed to the Commons Advisory Board with a
term to expire December 31, 2017, and, be it further
Conservation Advisory Council – Resolution
RESOLVED, That Thomas Shelley be reappointed to the Conservation Advisory
Council with a term to expire December 31, 2019, and, be it further
RESOLVED, That Michael Culotta be reappointed to the Conservation Advisory Council
with a term to expire December 31, 2019, and, be it further
Disability Advisory Council – Resolution
RESOLVED, That Andrew Rappaport be reappointed to the Disability Advisory Council
with a term to expire June 30, 2018, and, be it further
RESOLVED, That Jody Scriber be reappointed to the Disability Advisory Council with a
term to expire June 30, 2018, and, be it further
Examining Board of Electricians – Resolution
RESOLVED, That Richard J. Srnka be reappointed to the Examining Board of
Electricians with a term to expire December 31, 2018, and, be it further
Housing Board of Review – Resolution
RESOLVED, That William Olney be reappointed to the Housing Board of Review with a
term to expire December 31, 2018, and, be it further
Natural Areas Commission – Resolution
RESOLVED, That Joe McMahaon be reappointed to the Natural Areas Commission
with a term to expire December 31, 2018, and, be it further
Parks Commission – Resolution
RESOLVED, That Ellen Leventry be reappointed to the Parks Commission with a term
to expire December 31, 2018, and, be it further
Rental Housing Advisory Commission – Resolution
RESOLVED, That Denise Thompson be appointed to the Rental Housing Advisory
Commission to fill a vacancy with a term to expire December 31, 2017, and, be it further
Youth Bureau Advisory Board – Resolution
RESOLVED, That Jesse Tedora be appointed to the Youth Bureau Advisory Board to
fill a vacancy with a term to expire December 31, 2018.
Carried Unanimously
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REPORTS OF COMMON COUNCIL LIAISONS:
Board of Public Works
Alderperson Fleming reported on the following items:
The Lake Street Bridge and public park dedication and ribbon cutting ceremony
is scheduled for October 7, 2016 at 11:00 A.M.
All of the filters at the new Water Plant are on-line now and the building is
undergoing finishing touches.
The Dryden Road electrical vaults were installed incorrectly by NYSEG. DPW
crews will be fixing them; however that will result in additional project delays.
The Bicycle Pedestrian Advisory Council has requested continued attention
towards pedestrian safety.
The Skate Park has received gifts/grants that will be put toward new lighting.
There is a $50,000 traffic calming capital project included in the 2017 budget. If
approved, the Engineering Division would like to update the old traffic calming
plan so that it reflects current practices and technologies.
The Board approved a 10% rate increase in the Stewart and Cass Park pavilion
rentals.
The Board is leaning toward the dead-ending Spencer Road alternative for the
Spencer Road traffic calming project.
Natural Areas Committee
Alderperson Martell reported that the Natural Areas Committee is very pleased with the
Lake Street Bridge and park project. They noted that it has been very tastefully done
and it blends well with the natural area.
Tompkins County Water Resources Council
Alderperson Brock reported that the Cornell University Water Department made a
presentation regarding the drought and the impact it has had on Cornell’s operations.
Superintendent of Public Works Mike Thorne will be making a similar report next month
regarding the impact the drought has had on City of Ithaca. She commented on the 20
year low in rainfall and how the level of redundancy regarding the amount of treated
water that can be produced to serve the community is being re-examined should one or
two of the plants not be fully operational.
Hydrilla Task Force
Alderperson Brock noted that the Hydrilla Task Force has been successful in curbing
the spread of hydrilla in the southern part of the lake; however it has recently been
discovered in Aurora and it may be an extensive spread.
Disability Advisory Council
Alderperson Brock stated that the DAC held a discussion regarding how to inform
people about the importance of keeping sidewalks and crosswalks, open and accessible
to everyone during festivals, construction projects, and other events. They further
discussed additional resources that could be used to educate residents about keeping
sidewalks clear of snow and ice, such as an “adopt a curbcut” campaign so sidewalks
can remain accessible throughout the winter.
Workforce Diversity Advisory Committee
Alderperson Brock reported that the WDAC is working on the toolkit for developers to
use for the diversity and inclusion portion of the CIITAP program.
Bicycle Pedestrian Advisory Council
Alderperson Nguyen reported that Sgt. Banfield and Officer Williamson attended the last
meeting and cleared up the miscommunication regarding pedestrian “crack-down”. He
explained that the Police Department would be working with the Engineering Division on
ways to increase pedestrian safety around the City.
Public Art Commission
Alderperson Gearhart reported that there is an electrical box that has been painted with
a mural that needs to come down and will be replaced with a new one. He noted that
the electrical boxes sometimes get scrapped, but the Commission is questioning
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whether these pieces could be used other places in the city as artwork. Alderperson
Brock suggested that maybe they could also be used as a neighborhood lending library.
REPORT OF CITY ATTORNEY:
City Attorney Lavine reported that the Planning Board has been served with a legal
action challenging the 201 College Avenue site plan process. The initial court date has
been adjourned into December.
Alderperson Brock questioned whether staff or the Planning Committee would be
reviewing this issue to try to understand these issues. City Attorney Lavine responded
that the case is pending appeal to Board of Zoning Appeals on October 17, 2016 and
they are the appropriate body to resolve any inconsistencies. He stated that should the
courts take action to impact that decision, the City will review it carefully and determine
if any further legislative response is needed.
MINUTES FROM PREVIOUS MEETINGS:
18.1 Approval of the Minutes of the August 3, 2016, August 24, 2016, September
7, 2016, and September 28, 2016 Common Council Meetings – Resolution
By Alderperson McGonigal: Seconded by Alderperson Kerslick
RESOLVED, That the minutes of the August 3, 2016, August 24, 2016, September 7,
2016, and September 28, 2016 Common Council Meeting be approved as corrected.
Carried Unanimously
ADJOURNMENT:
On a motion the meeting adjourned at 7:35 p.m.
______________________________ _______________________________
Julie Conley Holcomb, CMC Svante L. Myrick
City Clerk Mayor