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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. October 5, 2016 2 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 October 5, 2016 3 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 October 5, 2016 4 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 October 5, 2016 5 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. October 5, 2016 6 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 October 5, 2016 7 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 October 5, 2016 8 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