HomeMy WebLinkAboutMN-CC-2016-12-07 COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 6:00 p.m. December 7, 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
Director of Planning and Development- Cornish
Community Development Director—Bohn
Chief of Staff- Cogan
PLEDGE OF ALLEGIANCE:
Mayor Myrick led all present in the Pledge of Allegiance to the American Flag.
PROCLAMATIONS/AWARDS:
Presentation of the Quarterly Employee Recognition Award
Mayor Myrick presented the Quarterly Employee Recognition Award to Information
Management Specialist Cindie Day. Ms. Day was nominated by her colleague Sarah Myers for
her work in scanning paper police blotters that date from 1914 to 2015. These are historic
records that must be kept permanently. Through the years,they have been housed in
unfavorable conditions damaging some of the documents; however, now they are digitally
preserved and secured and can be easily accessed when needed.
Presentation of the Annual Employee Recognition Award
Mayor Myrick presented the Annual Employee Recognition Award to Working Supervisor
Duane Ross. Mr. Ross was nominated by Senior Community Service Officer Lisa Sperger for his
efforts in the implementation of the new parking system including locating 46 pay stations,
installing informational signage, and patiently answering many questions. Mr. Ross was also
nominated by the Planning Division for his efforts in enhancing the new Ithaca Commons by
arranging for daily table & chair placements, relocation of a large light pole, rearranging the
overhead lighting, arrangement of the computer kiosks, and movement of the media boxes to
appropriate locations. In each case, his service was provided efficiently and with positive,
helpful attitude.
SPECIAL ORDER OF BUSINESS:
Annual Pride of Ownership Awards Presentation—Scott Whitham
The Pride of Ownership Committee presented awards to the following properties:
Simeon's American Bistro, 224 East State Street
Carey Building Vertical Expansion, 314-318 East State Street
GreenStar Natural Foods Market—New Collegetown Crossing Store, 307 College Avenue
Dryden South, 205 Dryden Road
House and Barn Renovations, 1109-1111 North Aurora Street
American Crafts by Robbie Dein, 158 East State Street
Klarman Hall, Cornell University
December 7, 2016
4.4 A Public Hearing to Consider a Local Law to Adopt a Restricted Sale Price Exemption
For Housing Trust Homes under NYS Real Property Tax Law Section 467-i
Resolution to Open Public Hearing
By Alderperson Kerslick: Seconded by Alderperson Mohlenhoff
RESOLVED, That the Public Hearing to Consider A Local Law to Adopt a Restricted Sale Price
Exemption For Housing Trust Homes Under NYS Real Property Tax Law Section 467-j be
declared open.
Carried Unanimously
The following people addressed Common Council:
Ruth Yarrow, City of Ithaca, spoke in support of the legislation
Pastor Michael-Vincent Crea, City of Ithaca, spoke of housing tests in New York City,the virtues
of the Ithaca Housing Authority, and source of income equality related to housing.
Resolution to Close Public Hearing
By Alderperson Kerslick: Seconded by Alderperson Smith
RESOLVED, That the Public Hearing to Consider A Local Law to Adopt a Restricted Sale Price
Exemption For Housing Trust Homes Under NYS Real Property Tax Law Section 467-j be
declared closed.
Carried Unanimously
SPECIAL PRESENTATIONS BEFORE COUNCIL:
Ithaca Youth Council
Marty Schrieber, Program Coordinator for the Ithaca Youth Council and Youth Council members
updated Common Council on the projects and initiatives that they have been working on during
the past several months.
Source One—Ithaca Microgrid NY Prize Program
Dan Ramer, Chief Operator of the Wastewater Treatment Plant and representatives from
Source One presented information on the NY Prize program and Ithaca's application for funding
to develop a detailed design and business plan for a microgrid that could operate
independently in the event of a power outage. The project has already been awarded $100,000
in NY Prize funds for a feasibility study that was completed in April, 2016.
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
The following people addressed Common Council:
Joel Harlan, Town of Newfield, spoke about economic development and local building heights.
Fay Gougakis, City of Ithaca, addressed an incident that occurred earlier in the meeting, noting
that it was intended to be an act of kindness, not a disrespectful gesture.
John Graves, City of Ithaca, voiced his support for the pending Microgrid application.
Pastor Michael-Vincent Crea, City of Ithaca addressed issues regarding source of income
equality related to housing, hate crimes,the Black Lives Matter movement, and indigenous
people.
PRIVILEGE OF THE FLOOR—COMMON COUNCIL AND THE MAYOR:
Alderpersons Murtagh and Brock thanked the speakers and responded to comments made
regarding source of income equality related to housing.
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December 7, 2016
CONSENT AGENDA ITEMS:
City Administration Committee:
8.1 Greater Ithaca Activities Center(GIAC)-Amendment to 2016 Personnel Roster-
Resolution
By Alderperson Kerslick: Seconded by Alderperson Mohlenhoff
WHEREAS, the Greater Ithaca Activities Center(GIAC) has proposed to add one (1)full time (35-
hours) GIAC Program Leader to the roster; and
WHEREAS, this position will provide an opportunity for internal promotion for qualifying GIAC
Program Assistants; and
WHEREAS, the work performed by this position will support GIAC programming effectively; and
WHEREAS, GIAC's 2016 budget, as approved, has funding to support this position; and
WHEREAS, no additional funds are being requested for this position; now, therefore be it
RESOLVED, That the Personnel Roster of GIAC shall be amended as follows:
Add—One (1) GIAC Program Leader Position (35-hours)
and, be it further,
RESOLVED, That while the additional position is filled via promotion,the 1 GIAC Program
Assistant position shall remain vacant; and, be it further
RESOLVED,That said roster amendment will be made within the existing funds of the 2016
authorized GIAC budget.
Carried Unanimously
8.2 Finance/City Controller-Authorization to Cover Red Accounts- Resolution
By Alderperson Kerslick: Seconded by Alderperson Mohlenhoff
RESOLVED, That the City Controller be empowered to make transfers within the 2016 Budget
appropriations, as needed, for the remainder of the 2016 Fiscal Year.
Carried Unanimously
8.3 Finance/Controller—Release of Funds from Contingency Account- Resolution
By Alderperson Kerslick: Seconded by Alderperson Mohlenhoff
WHEREAS, as part of the 2016 Budget, funds were placed in Restricted Contingency to fund the
Outreach Coordinator Program through Family and Children's Services for$10,000 and to fund
the Grant Lobbyist activity of Sustainable Strategies for$20,000; and
WHEREAS, funds are being expended for both services in 2016 and need to be transferred to
cover the costs; now, therefore be it
RESOLVED, That Common Council hereby transfers $30,000 from Account A1990 Restricted
Contingency to the following accounts:
A8020-5345 Planning Contracts $20,000,to fund Sustainable Strategies
A1210-5435 Mayor Contracts $10,000,to fund Outreach Coordinator
Carried Unanimously
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December 7, 2016
8.4 Finance Department—Request to Amend 2016 Budget to Account for Various
Unanticipated Revenue and Related Expenses- Resolution
By Alderperson Kerslick: Seconded by Alderperson Mohlenhoff
WHEREAS, during 2016, City of Ithaca departments have received revenue from various
unanticipated sources including reimbursements, grants and donations that need to be
accounted for in the 2016 budget; and
WHEREAS, the reimbursement total of$47,752 is as follows:
Tompkins County Celebration Grant $15,600
Insurance Recovery $19,152
Donations $11,000
Reimbursements $ 2,000
now, therefore be it
RESOLVED, That Common Council hereby amends the 2016 authorized budget as follows to
account for said receipts and related expenditures of funds:
Increase Revenue Accounts:
A1012-2379 Community Celebrations $15,600
A3120-2705 Police—Donations $11,000
A3120-2665 Police—Sale of Equipment $ 2,000
A3120-2680 Police—Insurance Recovery $ 1,440
A3410-2680 Fire—Insurance Recovery $17,712
$47,752
Increase Appropriations Accounts:
A1012-5435 Community Celebrations $15,600
A3120-5415-5001 Police—Clothing $10,000
A3120-5425 Police—Donations $ 1,000
A3120-5476-5001 Police—Sale of Equipment $ 3,440
A3410-5476-12250 Fire—Insurance Recovery $17,712
$47,752
Carried Unanimously
8.5 Department of Public Works—Amendment to Roster for Financial Management
Assistant Position- Resolution
By Alderperson Kerslick: Seconded by Alderperson Mohlenhoff
WHEREAS, the Department of Public Works (DPW) has been reconfiguring its Administrative
and Financial staffing responsibilities to reflect changes in the overall operations of the
Department; and
WHEREAS, the DPW has recently conducted interviews and hired one candidate to fill a funded,
vacant Financial Management Assistant position, and due to reorganization, has found the need
to hire a second Financial Management Assistant; and
WHEREAS, the recent interviews for Financial Management Assistant yielded several qualified
candidates; and
WHEREAS, there is currently a full-time funded, vacant Administrative Assistant position and a
half-time funded,vacant Financial Management Assistant position in DPW; and
WHEREAS, DPW has extended a full-time offer to a second qualified candidate under the half-
time Financial Management Assistant position,with the remaining half-time funded as a
seasonal employee; and
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December 7, 2016
WHEREAS, DPW desires to add this Financial Management Assistant position to the roster
replacing the vacant Administrative Assistant position; now, therefore be it
RESOLVED, That the Personnel Roster of the Department of Public Works shall be amended as
follows:
Add: One (1) Financial Management Assistant Position (40 hours)
Delete: One (1) Administrative Assistant Position (40 hours)
and, be it further
RESOLVED, That the second Financial Management Assistant currently working as a half-time
permanent employee and half-time seasonal employee be granted full-time benefits
retroactive to the date of hire; and, be it further
RESOLVED, That for the sole purpose of determining days worked reportable to the
New York State and Local Employees Retirement System the standard workday for this position
shall be established at eight (8) hours per day (forty (40) hours per week); and, be it further
RESOLVED, That the funding for this change shall be derived from existing funds within the
Department of Public Works budget; and be it further
RESOLVED, That the City Controller is authorized as necessary to move DPW funding in the
General Fund account for said roster amendments.
Carried Unanimously
8.6 Department of Public Works (DPW)—Re-Allocation of Position—Building Maintenance
and Solid Waste Supervisor- Resolution
By Alderperson Kerslick: Seconded by Alderperson Mohlenhoff
WHEREAS, the Building Maintenance and Solid Waste Supervisor requested a review of his
position pursuant to the terms of the City Executive Association labor contract; and
WHEREAS, the review determined that a permanent and material growth in the position's
responsibilities has occurred since the position was last evaluated in June 2001; and
WHEREAS,the Human Resources Department reviewed the point factor evaluation of the
Building Maintenance and Solid Waste Supervisor position and determined that the growth in
responsibilities merits an increased point factor rating, which results in the reallocation of the
position to a higher salary grade; now,therefore be it
RESOLVED,That the position of Building Maintenance and Solid Waste Supervisor be
reallocated from Grade C, to Grade A, of the City Executive Association Compensation Plan;
and, be it further
RESOLVED,That funding in the amount of$6,029 to cover this salary increase retroactive to
January 21, 2016, shall be derived from Account Group A1620, DPW Buildings.
Carried Unanimously
8.7 Approval of Mobile Food Scrap Drop-Off Location and Operation at Cass Park-
Resolution
By Alderperson Kerslick: Seconded by Alderperson Mohlenhoff
WHEREAS, Tompkins County Solid Waste will no longer be supporting the food scrap curbside
pickup program on West Hill, and has requested a pilot food scrap drop off location in Cass Park
for convenience to the West Hill neighborhood; and
WHEREAS, several food scrap drop off locations are currently in existence throughout Tompkins
County and the City of Ithaca, and have been very successful; and
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December 7, 2016
WHEREAS,the proposed food scrap drop off for Cass Park will be a mobile unit, on-site and
operating only on Thursdays from 3:00 p.m. to 6:00 p.m. in the parking lot of the Cass Park Ice
Rink for a trial period of one-year; and
WHEREAS, Tompkins County Solid Waste has been working with Cass Park staff to determine
the best location for the mobile food scraps drop off facility; and
WHEREAS, the Board of Public Works unanimously supported the mobile food scraps drop off
location in Cass Park at the October 24, 2016, BPW meeting; now,therefore be it
RESOLVED, That Common Council approves the mobile food scrap drop off location and
operation at Cass Park for a period of one year, beginning January 5, 2017, and will re-evaluate
authorization to continue operation beyond the one-year trial period in September 2017.
Carried Unanimously
PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE:
9.1 Common Council Acceptance of Draft City of Ithaca Character Code and Regulating
Plan - Resolution
By Alderperson Murtagh: Seconded by Alderperson Martell
WHEREAS, Mayor Svante Myrick co-signed a letter of support in August of 2013 with then-Town
Supervisor Herb Engman on behalf of the City and Town designating Better Cities &Towns of
the Form Ithaca project team as the lead applicant for a NYSERDA's Cleaner Greener
Communities grant to jointly update our zoning ordinances; and
WHEREAS, Common Council is committed to dense urban development in the core of
downtown, as is expressed in Plan Ithaca, Phase I of the City's Comprehensive Plan which was
adopted by Common Council in September of 2015; and
WHEREAS, the City of Ithaca's successful adoption of a hybrid form-based code in Collegetown
has resulted in higher quality development that has had a positive impact on the character of
the neighborhood; and
WHEREAS, the Form Ithaca project is led by the nonprofit Better Cities &Towns, dedicated to
promoting sustainable, walkable communities; architects and landscape architects STREAM
Collaborative; and urban planners Randall +West; and the team brought in leading urban
design, development,transportation, and form-based code consultants who offered their
valuable expertise to the City; and
WHEREAS, the Form Ithaca project team has worked with City Staff, civic leaders, developers,
State and County Agencies, and other stakeholders, completed four reports, and organized a
four-day charrette in the City of Ithaca,June 3rd through 6th, 2015, and these documents and
the public process informed the development of the draft City of Ithaca Character Code and
Regulating Plan; and
WHEREAS, the draft City of Ithaca Character Code was circulated to Planning and IURA staff in
August of 2016, and a new draft, dated October 11, 2016, was prepared that incorporates many
of the submitted comments; and
WHEREAS, City staff recognizes the importance of maintaining a human scale along the street,
especially in transitional areas where commercial zones are located near residential districts,
and supporting development of a substantial amount of underutilized land, particularly in the
W. State St. / MLK Jr. Corridor and the Waterfront Zone; now, therefore be it
RESOLVED, That Common Council accepts the City of Ithaca Character Code and Regulating Plan
for review and consideration of adoption.
Discussion followed on the floor regarding the meaning of the terms "accept", "endorse", and
"adopt". Alderperson Murtagh explained that by accepting the Character Code and Regulating
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December 7, 2016
Plan, the City is not obligated to do anything but can choose to implement it in part or in whole
if it chooses to.
Alderperson Kerslick noted that this would be a useful consulting document that could be
implemented in certain applications.
Alderperson Martell recognized all of the work that was done by the committee. She clarified
that this is a character based code, not a form based code.
Alderperson Murtagh stated that he really appreciates the work that was done on this initiative
and the public engagement that occurred as part of the process.
Mayor Myrick agreed that it looks like a very useful tool. He stated that what has been
accomplished by Planning and Development Director JoAnn Cornish and the Planning Division
in the past 4-5 years is the envy of many cities across the country. He stated that Ithaca is very
fortunate to have world class urban planners living in the community that are willing to
dedicate their talents in this way.
A vote on the Resolution resulted as follows:
Carried Unanimously
CITY ADMINISTRATION COMMITTEE:
10.1 Department of Public Works (DPW)—Amendment to Personnel Roster- Resolution
By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick
WHEREAS, the Streets and Facilities Division of the Department of Public Works is anticipating
the retirements of two senior personnel over the next few years; and
WHEREAS, the Streets and Facilities Division needs to plan for succession of these two key
personnel, and would like to create a senior position to work closely with the Assistant
Superintendent and Street Supervisor over the next few years to help with the transition once
the retirements take place; and
WHEREAS, the qualifications for the position to help with this upcoming transition will require
significant background in roadway and other civil construction projects; and
WHEREAS, the Ithaca Civil Service Commission established the newly created classification of
Construction Engineer at their October 26, 2016 meeting; now,therefore be it
RESOLVED, That the Personnel Roster of the Streets and Facilities Division of the Department of
Public Works shall be amended as follows:
Add: One (1) Construction Engineer Position (40 hours)
Delete: One (1) Assistant Civil Engineer Position (40 hours)
and, be it further
RESOLVED, That the position of Construction Engineer shall be assigned to the City Executive
Association Unit at salary grade A; and, be it further
RESOLVED, That for the sole purpose of determining days worked reportable to the
New York State and Local Employees Retirement System the standard workday for this position
shall be established at eight (8) hours per day (forty (40) hours per week); and, be it further
RESOLVED, That the funding for this change shall be derived from existing funds within the
Department of Public Works budget.
Alderperson Mohlenhoff thanked Superintendent of Public Works Thorne for being forward
thinking and preparing for retirements that will be occurring in the next few years.
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December 7, 2016
A vote on the Resolution resulted as follows:
Carried Unanimously
10.2 Authorization to Execute Contract with Department of State for Local Flood Hazard
Analysis- Resolution
By Alderperson Mohlenhoff: Seconded by Alderperson Brock
WHEREAS, Common Council established Capital Project (CP)#806 in the 2015 City of Ithaca
budget in the amount of$153,000, for the purpose of performing Drainage and Dredging
studies; and
WHEREAS, the Superintendent of Public Works applied for, and was awarded, a Local
Waterfront Revitalization Project (LWRP) grant in the amount of$150,000 to be used in
conjunction with matching funds from CP#806; and
WHEREAS,the Department of State has recently issued an unexecuted contract for the City of
Ithaca to enter into a Master Contract with the State of New York to receive the matching
funds, and one of the requirements to enter such contract is an "Authorizing Resolution"; now,
therefore be it
RESOLVED,That Common Council authorizes the City of Ithaca to execute a Master Contract
with the State of New York, for Contract#C1000677 "Local Flood Hazard Analysis" in the total
amount of$303,000 with $153,000 coming from CP#806 and $150,000 to be reimbursed from
the Department of State; and, be it further
RESOLVED, That Common Council hereby amends Capital Project#806 City Drainage and
Dredging study in the amount not to exceed $150,000 for a total project authorization of
$303,000 for the purposes of accounting for said state grant.
Carried Unanimously
10.3 Department of Public Works-Authorization to Amend Capital Project#818 (Stewart
Avenue Bridge Painting Project)- Resolution
By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick
WHEREAS, a project for the rehabilitation of the Stewart Avenue Bridge over Cascadilla Creek,
P.I.N. 3755.94 ("the Project") is eligible for funding under Title 23 U.S. Code as administered by
the Federal Highway Administration (FHWA), as amended,that calls for the apportionment of
the costs such program to be borne at the ratio of 80% Federal funds and 20% non-Federal
funds; and
WHEREAS, on March 4, 2015, Common Council authorized the City of Ithaca to pay in the first
instance 100%of the Federal and non-Federal share of the costs of Scoping, Preliminary Design
and Detailed Design; and
WHEREAS, the sum of$80,000 has been appropriated from Capital Project#818 and made
available to cover the cost of participation in the above phases of the project; and
WHEREAS, as part of the approved 2017 budget, Common Council authorized $27,000
additional funding to cover Project administration cost; and
WHEREAS, on October 21, 2016, an additional $923,000 (80% Federal, 15%State and 5% City
share) Project funding was made available by New York State Department of Transportation for
Construction and Construction Inspection Phases; and
WHEREAS, the amended project budget is projected to be$1,030,000; and
WHEREAS, this Project constitutes a reconstruction of facility in-kind on the same site as well as
maintenance or repair involving no substantial change in an existing facility, and is therefore a
Type II action under the National Environmental Policy Act (NEPA) Regulation and in accordance
with 6 NYCRR Part 617 requiring no environmental review; now, therefore be it
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December 7, 2016
RESOLVED,That the City of Ithaca Common Council amends the Capital Project budget
authorizations for the Project by the sum of$950,000 (which includes$27,000 authorized in
2017 Capital Project Budget and the $923,000 covered in the supplemental agreement from
New York State Department of Transportation [NYSDOT])for a total project cost not to exceed
$1,030,000; 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 7.5%of said portion, currently estimated at$77,150
of the $1,030,000 authorized for this project; and, be it further
RESOLVED, That in the event the full Federal and non-Federal share costs of the project
exceeds the amount appropriated above,the Common Council of the City of Ithaca shall
convene as soon as possible to appropriate said excess amount immediately upon the
notification by the NYSDOT thereof; and, be it further
RESOLVED, That the Mayor of the City of Ithaca be and is hereby authorized to execute all
necessary Agreements on behalf of the City of Ithaca with the NYSDOT in connection with the
advancement or approval of the Project and providing for the administration of the Project and
the municipality's first instance funding of Project costs and permanent funding of the local
share of federal-aid and state-aid eligible Project costs and all Project costs within
appropriations therefore that are not so eligible; and, be it further
RESOLVED,That the Superintendent of Public Works be and is hereby authorized to administer
the above project; and, be it further
RESOLVED, That a certified copy of this resolution be filed with the New York State
Commissioner of Transportation by attaching it to any necessary Agreement in connection with
the Project; and, be it further
RESOLVED, That this Resolution shall take effect immediately.
Discussion followed on the floor regarding the project costs. Bridge Systems Engineer Gebre
explained that the project includes construction, painting, and project administration. He
noted that there are not many bridge painting crews available, so this is a competitive, market
price for the project. He further explained that the paint has a protective coating, and
environmental protections will be put in place to prevent debris from falling in the creek. The
Department of Transportation requires that bridges be painted every 10 years. This project will
go to bid in early spring and construction will start after the Cornell reunion in June.
A vote on the Resolution resulted as follows:
Carried Unanimously
10.4 Department of Public Works-Authorization to Amend Capital Project#802 (Cascadilla
Creekwav Project)- Resolution
By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick
WHEREAS, Cascadilla Creekway Project, P.I.N. 3950.58 ("the Project") is eligible for funding
under Title 23 U.S. Code as administered by the Federal Highway Administration (FHWA), as
amended, that calls for the apportionment of the costs for such program to be borne at the
ratio of 80% Federal funds and 20% non-Federal funds; and
WHEREAS,the Project includes the following four infrastructure components (Cascadilla
Avenue enhancement; railing replacement along Cascadilla Creek; Sears Street Pedestrian
Bridge Replacement; and intersection improvement at Cascadilla Ave IN Cayuga Street; and
WHEREAS,this Project constitutes a reconstruction of facility in-kind on the same site as well as
maintenance or repair involving no substantial change in an existing facility, and is therefore a
Type II action under the National Environmental Policy Act (NEPA) Regulation and in accordance
with 6 NYCRR Part 617 requiring no environmental review; and
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December 7, 2016
WHEREAS, on June 4, 2014,Common Council authorized the City of Ithaca to pay in the first
instance 100%of the Federal and non-Federal share of the costs of all work for the Project; and
WHEREAS, the sum of$750,000 has been appropriated from Capital Project#802 and made
available to cover the cost of the Project with the understanding that the cost to the City would
be 20%or$150,000; and
WHEREAS, as part of the approved 2017 budget, Common Council authorized an additional
$90,000 funding for the Project; and
WHEREAS, on September 12, 2016, Dormitory Authority of New York State (DASNY) awarded
the City an additional $250,000 in funding to cover additional Project costs as part of a
reimbursement program with no local match; and
WHEREAS,the current and proposed project budget are outlined as follows:
Total
Authorization Project City of FHWA DASNY
Budget Ithaca Share Share
Current $750,000 $150,000 $600,000 $0
Proposed $1,090,000 $240,000 $600,000 $250,000
Increase $340,000 $90,000 $0 $250,000
now, therefore be it
RESOLVED,That Common Council hereby approves an increase of Capital Project#802 by an
amount not to exceed $340,000, which includes$90,000 in the 2017 Capital Project budget and
the funding in the first instance for$250,000 of DASNY funds, for a total project authorization
of$1,090,000; 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 22%of said portion, currently estimated at $240,000
of the$1,090,000 authorized for this portion of the project; and, be it further
RESOLVED, That in the event the full federal and non-federal share costs of the project exceeds
the amount appropriated above,the Common Council of the City of Ithaca shall convene as
soon as possible to appropriate said excess amount immediately upon the notification by the
New York State Department of Transportation thereof; and, be it further
RESOLVED, That the Mayor of the City of Ithaca be and is hereby authorized to execute all
necessary Agreements on behalf of the City of Ithaca with the NYSDOT and the DASNY in
connection with the advancement or approval of the Project and providing for the
administration of the Project and the municipality's first instance funding of Project costs and
permanent funding of the local share of federal-aid and state-aid eligible Project costs and all
Project costs within appropriations therefore that are not so eligible; and, be it further
RESOLVED, That the Superintendent of Public Works be and is hereby authorized to administer
the above project; and, be it further
RESOLVED,That a certified copy of this resolution be filed by attaching it to any necessary
Agreements in connection with the Project; and, be it further
RESOLVED,This Resolution shall take effect immediately.
Discussion followed on the floor regarding the history of this project and the resulting requests
for additional funding. Bridge Systems Engineer Gebre explained that if funding is not available
from the Department of Transportation, there will not be enough money to do anything. The
bridge may or may not be included as an alternate feature if there is enough money available.
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December 7, 2016
The project now includes retaining wall repairs, railing replacements, major intersection
upgrades and potentially a pedestrian bridge replacement and bike boulevard initiative.
Mayor Myrick noted that this is an unusually difficult project due to the fact that this area
represents the character of the city. He noted that city staff have been very sensitive to the
needs and wishes of the neighborhood and its desire to preserve the character of the area.
A vote on the Resolution resulted as follows:
Carried Unanimously
10.5 Department of Public Works-Authorization to Amend Capital Project#791 (Lake
Street Bridge Rehabilitation Project) - Resolution
By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick
WHEREAS, a project for the rehabilitation of the Lake Street Bridge Over Fall Creek, P.I.N.
375534 ("the Project") is eligible for funding under Title 23 U.S. Code as administered by the
Federal Highway Administration (FHWA), as amended, that calls for the apportionment of the
costs for such program to be borne at the ratio of 80% Federal funds and 20% non-Federal
funds; and
WHEREAS, On September 4, 2013, Common Council authorized $1,464,250 to cover the cost of
the total Project; and
WHEREAS, On December 1, 2014,the Board of Public Works unanimously authorized staff to
undertake Enhancement of Ithaca Falls Public Area ("the Enhancement") as part of the Project;
and
WHEREAS, On February 5, 2015, Common Council approved an increase of CP #791 by an
amount not to exceed $30,000 to cover the design phase of the Enhancement for a total
project authorization of$1,494,250; and
WHEREAS, On December 2, 2015, Common Council approved an increase of CP #791 by an
amount not to exceed $229,750 which included $169,000 for Enhancement construction and
$60,750 for the Project with an understanding that$60,750 would likely be eligible for federal
and state reimbursement up to 95%of that amount ($57,000); and
WHEREAS, On September 30, 2016 ,New York State Department of Transportation provided a
supplemental agreement for the Project that provides $19,927 more than the $60,750 that was
considered on December 2, 2015; and
WHEREAS, both the $60,750 and the $19,927 will be eligible for Federal (80%) and State (15%)
reimbursement; and
WHEREAS, the current and proposed project costs are outlined as follows:
Total City of Ithaca NY State FHWA Other Funding
Authorization Project Share Share Share Sources(For Park
Cost Enhancement)
Current $1,724,000 $106,250 $228,750 $1,220,000 $169,000
Proposed $1,743,927 $107,246 $231,739 $1,235,942 $169,000
Increase $19,927 $996 $2,989 $15,942 $0
now, therefore, be it
RESOLVED, That, Common Council here by approves an increase of Capital Project#791 by an
amount not to exceed $19,927, for a total project authorization of$ 1,743,927; 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 6%of said portion, currently estimated at $107,246
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December 7, 2016
of the$1,743,927 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; and, be
it further
RESOLVED, That in the event the full federal and non-federal share costs of the project exceeds
the amount appropriated above,the Common Council of the City of Ithaca shall convene as
soon as possible to appropriate said excess amount immediately upon the notification by the
NYSDOT thereof; and, be it further
RESOLVED,That the Mayor of the City of Ithaca be and is hereby authorized to execute all
necessary Agreements on behalf of the City of Ithaca with the New York State Department of
Transportation in connection with the advancement or approval of the Project and providing
for the administration of the Project and the municipality's first instance funding of Project
costs and permanent funding of the local share of federal-aid and state-aid eligible Project costs
and all Project costs within appropriations therefore that are not so eligible; and, be it further
RESOLVED,That a certified copy of this resolution be filed with the New York State
Commissioner of Transportation by attaching it to any necessary Agreement in connection with
the Project; and, be it further
RESOLVED,This Resolution shall take effect immediately; and, be it further
RESOLVED,That the Superintendent of Public Works be and is hereby authorized to administer
the above project.
Carried Unanimously
10.6 Authorization to Execute Memorandum of Understanding for Funding and
Performance of Forest Home Drive Project—Resolution
By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick
WHEREAS, in September 2015,the City closed Forest Home Drive to vehicular access from
Thurston Avenue to the service drive of Olin Laboratory due to the deteriorating condition of
the gorge wall and structural impact of such on the roadway; and
WHEREAS, the closure of the above described portion of Forest Home Drive has resulted in
restricting access to portions of the Cornell University campus, namely its Human Ecology
Building and parking garage, and impeding circulation of campus traffic; and
WHEREAS, Cornell University previously set aside $800,000 to support the reconstruction of
Stewart Avenue; and
WHEREAS, Cornell University is now offering to reallocate such funds for the Forest Home Drive
project in the form of a one-time grant in an amount up to$800,000 to enable the City to
stabilize the underlying structural issues and reconstruct Forest Home Drive, reconfigure and
improve drainage to prevent erosion, re-route and/or stabilize the utility lines running from
Forest Home Drive under Thurston Avenue Bridge, and stabilize and reconstruct the retaining
wall and sidewalk along Forest Home Drive; and
WHEREAS, such grant will be distributed upon execution of a memorandum of understanding
with Cornell University concerning the scope and terms and conditions of the project; and
WHEREAS, City staff is supportive of entering into a memorandum of understanding with
Cornell and receiving such funds to perform the work; now,therefore be it
RESOLVED,That Common Council authorizes the City to accept the grant and, upon the advice
of the City Attorney and Superintendent of Public Works, the Mayor to execute a memorandum
of understanding with Cornell University to govern the transfer of the funds and the scope,
terms and conditions of the work; and, be it further
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December 7, 2016
RESOLVED, That, in accordance with the executed memorandum of understanding,the funds
received from Cornell University shall be deposited in Capital Project Number#778 for the
Forest Home Drive Project and be used to perform the work.
City Attorney Lavine explained the funding structure for this project.
A vote on the Resolution resulted as follows:
Carried Unanimously
10.7 A Local Law to Adopt a Restricted Sale Price Exemption for Housing Trust Homes
under NYS Real Property Tax Law Section 467-j
By Alderperson Mohlenhoff: Seconded by Alderperson Gearhart
Local Law No. 2016-
WHEREAS, there is a demonstrable and critical shortage of affordable housing within the City of
Ithaca and Tompkins County; and
WHEREAS, on May 4, 2016,the Common Council adopted a resolution urging the New York
State Legislature to amend the Real Property Tax Law to authorize taxing jurisdictions to grant a
partial tax exemption so that an owner-occupied, affordable home subject to a ground lease or
deed restriction which restricts the resale price of the property for at least 30 years incur a
property tax bill similar to residential properties with similar resale values; and
WHEREAS, Assemblywoman Barbara Lifton and Senator O'Mara introduced such legislation that
was enacted into law as Section 467-j of Real Property Tax Law on September 29, 2016, which
authorizes local taxing jurisdictions in Tompkins County, such as the City of Ithaca, to adopt
such exemption to support affordable, owner-occupied housing following adoption of a local
law by the County; and
WHEREAS, Tompkins County adopted a local law enacting Section 467-j of Real Property Tax
Law on November 1, 2016; and
WHEREAS, to the extent this constitutes an action as defined by the State and City
Environmental Quality Review, it is a Type II action under §176-5(C)(26) and (8) of the City of
Ithaca Environmental Quality Review Ordinance and is therefore not subject to further
environmental review; and
WHEREAS, pursuant to Municipal Home Rule Law Section 10(1)(ii)(a)(8) and (9)the City of
Ithaca is authorized to adopt a local law relating to the levy, administration and collection of
local taxes authorized by the legislature and of assessments for local improvements; now,
therefore
BE IT ENACTED by the Common Council of the City of Ithaca as follows:
Section 1. The City of Ithaca seeks to preserve and expand the amount of affordable, owner-
occupied housing throughout the City.
Section 2. The exemption authorized by Section 467-j of the Real Property Tax Law is hereby
adopted.
Section 3. This Local Law shall take effect immediately upon filing with the Secretary of State
and shall be applicable for all assessments rolls filed after this date.
Extensive discussion followed on the floor regarding Ithaca Neighborhood Housing Service's
asset portfolio, State and Federal regulations regarding ground leases, and the differences
between this program and traditional property purchases. Under this program, people with
lower incomes are able to purchase new, energy efficient homes at an affordable price;
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December 7, 2016
however, when they sell the property they are only able to realize a 2% increase in their
investment.
Alderperson Brock stated that she lauds the goal of this program; however feels that the risk
the homeowner takes is greater than the 2% increase they would receive upon the sale of the
home. She further noted that this does not provide people with an opportunity to transcend
their economic status.
Alderperson Nguyen stated that there are additional benefits to home ownership other than
capital appreciation such as knowing that the property is yours and having the ability to
decorate, renovate, and use the property as you wish.
Alderperson Mohlenhoff thanked Assemblywoman Lifton for her hard work with the NYS
Legislature on this issue as it was invaluable to the program.
A roll call vote resulted as follows:
Alderperson Brock: Nay 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 (9-1)
10.8 City Controller's Report:
City Controller Thayer reported on the following:
• 2016 activity is nearing an end
• 2015 audit is nearly complete
• Sales tax collections are up 1.5% but are estimated to fall short of the budget
projections
• The overtime line is over budget
• Building permits: $1.6 million has been collected—$800,000 was budgeted
• Parking: $2.6 million has been collected which is over the estimated revenue projections
• Fine revenue is below budget projections
• Pension liability:the City will make its payment on December 15th which will result in a
$40,000 discount. The total payment is$4.7 million.
• Refinancing of 2008, 2009, 2010 bond debt is projected to save the City$2 million in
interest savings in the next 18 years.
Alderperson Mohlenhoff announced that the December City Administration Committee
meeting will remain on December 21, 2016.
INDIVIDUAL MEMBER—FILED RESOLUTIONS:
13.1 Alderperson Mohlenhoff-Approval of City-County Law Enforcement Shared Services
Study Funding- Resolution
By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick
WHEREAS, by resolution of November 4, 2015,the Common Council unanimously endorsed a
joint effort to secure State grant funding and/or other aid that will, in turn, fund a detailed
analysis of the feasibility and opportunities for consolidation via a countywide police agency, or
further sharing of police services between the City of Ithaca and Tompkins County; and
WHEREAS, by resolution of March 2, 2016, appended hereto,the Common Council unanimously
authorized the City, in coordination with the County,to release a request for proposals (RFP)
and act upon responsive proposals from consultants seeking to conduct the Study; and
WHEREAS, a 14-person, Intermunicipal Steering Committee, consisting of six County
representatives, six City representatives, and two village officials, has been established to
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December 7, 2016
oversee the selection of a firm to undertake the study and to provide input and guidance to the
agency during the course of the study; and
WHEREAS,the New York State Department of State has awarded $50,000 to support the cost of
the study through the Municipal Restructuring Fund program; and
WHEREAS, the Steering Committee has reviewed the responses to the RFP and has
recommended that the Center of Governmental Research (CGR) of Rochester, New York, be
selected to undertake the study; and
WHEREAS,the cost of the study is anticipated to be $70,000, which exceeds the amount of the
State grant by$20,000; and
WHEREAS,the County has indicated a willingness to support half the cost of the overage,
provided that the City also contribute$10,000 to ensure the project goes forward, per the
appended County resolution which has been approved at the Committee level and the full
County legislature; and
WHEREAS, it is the desire of Common Council to undertake the Law Enforcement Shared
Services study; now,therefore be it
RESOLVED,That the City Controller is hereby authorized to disburse an amount not to exceed
$10,000 to Tompkins County, drawn from Account A3120-5430-05000 Police Fees, for
expenditure by the County in equal measure to County-contributed non-grant dollars on the
Law Enforcement Shared Services study to be conducted by the Center of Governmental
Research (CGR) of Rochester, New York; and, be it further
RESOLVED, That the City Controller is authorized to transfer$10,000 in support of the same
from Account A1990 unrestricted contingency to Account A3120-5430-05000 Police Fees.
Alderperson Smith noted that he doesn't want to set a precedent by sharing costs with the
County at 50/50%. He noted that the County is a larger entity with a larger budget and City
residents compose a third of the County tax revenue, so city residents effectively pay twice.
A vote on the Resolution resulted as follows:
Carried Unanimously
MAYOR'S APPOINTMENTS:
14.1 Recommendations to Tompkins Consolidated Area Transit Board—Resolution
By Alderperson Mohlenhoff: Seconded by Alderperson Martell
RESOLVED, That Common Council recommends that Ducson Nguyen be re-elected as a director
of the Tompkins Consolidated Area Transit Board with a term to expire December 31, 2017;
and, be it further
RESOLVED,That Common Council recommends that Jennifer Dotson be re-elected as a director
of the Tompkins Consolidated Area Transit Board with a term to expire December 31, 2019,
and, be it further
Reappointments to Board of Fire Commissioners—Resolution
RESOLVED,That Thomas Hoard be reappointed to the Board of Fire Commissioners with a term
to expire June 30, 2018, and, be it further
RESOLVED, That Robert Sparks be reappointed to the Board of Fire Commissioners with a term
to expire June 30, 2017, and, be it further
Reappointments to Community Police Board—Resolution
RESOLVED, That Richard Rogers be reappointed to the Community Police Board with a term to
expire December 31, 2019, and, be it further
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December 7, 2016
RESOLVED, That Johnny Wright be reappointed to the Community Police Board with a term to
expire December 31, 2019, and, be it further
RESOLVED, That Bruce Beem-Miller be reappointed to the Community Police Board with a term
to expire December 31, 2019, and, be it further
Appointment to Ithaca Housing Authority Board—Resolution
RESOLVED, That Joe Gibson be appointed to the Ithaca Housing Authority Board to fill a
vacancy with a term to expire October 17, 2018.
Carried Unanimously
Police Chief Search Committee:
Mayor Myrick asked members of Common Council to volunteer to serve on the Police Chief
Search Committee. Alderperson Kerslick will serve on the committee as he is the Council liaison
to Community Police Board. Alderpersons Murtagh and Fleming also expressed their interest in
serving.
Alderperson Mohlenhoff nominated Alderpersons Kerslick, Murtagh, and Fleming to serve on
the Police Chief Search Committee. Alderperson Smith seconded the nomination. The motion
was carried unanimously.
REPORTS OF COMMON COUNCIL LIAISONS:
Board of Public Works
Alderperson Fleming reported on the following
• The City received a Bronze Level Bicycle Friendly Community Award
• The water feature on Commons will be tested and then turned off for winter
• The Community Gardens report that the availability of new plots have taken off and
they would like to place a shed and water collection system on the site. They will be
independent of Project Growing Hope next year.
Disability Advisory Council
Alderperson Brock reported on the following:
• Parking Director Nagy reports that there is a high level of satisfaction with the new
scratch off parking tags
• The DAC is looking to increase number of accessible on-street parking spaces
Alderperson Brock further encouraged residents to adopt a curb cut and/or a fire hydrant and
commit to keep those areas free from snow and ice this winter.
She further stated that she hopes to bring forward a Resolution to protect the dignity and
human rights of our community members. The Resolution will go to committee this month and
to Council in January.
Committee Re-structuring Working Group:
Alderperson Mohlenhoff reported that the Working Group conducted a successful public input
session with 15 people attending. The Group would like to present its work to Common Council
at a Committee of the Whole meeting in March.
Gorge Safety Task Force
Alderperson Kerslick reported that the Task Force has met twice and is looking at a number of
measures including granting the Gorge Rangers the authority to write parking tickets. He stated
that he would be bringing a proposal to the City Administration Committee in February.
TCAT
Alderperson Nguyen reported that TCAT made another offer to an excellent candidate for the
General Manager position but they declined the offer due to the high cost of housing in the
area. He stated that they may contract the services of an Executive Search Firm.
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December 7, 2016
Ithaca Landmarks Preservation Commission
Alderperson Murtagh reported that the Old Library project would be discussed again at the
December 13, 2016 meeting at 5:30 pm in Common Council Chambers.
He further reported that the Waterfront Committee would be holding two public information
sessions on December 15, 2016 at the Space at Greenstar.
Alderperson Martell announced that Peace Pins are available for sale through Catholic
Charities. The proceeds will go toward supporting refugees. She encouraged everyone to look
for and purchase one.
REPORT OF CITY ATTORNEY:
17.1 Motion to Enter Into Executive Session to Discuss Pending Litigation - Resolution
By Alderperson Smith: Seconded by Alderperson Kerslick
RESOLVED, That Common Council enter into Executive Session to discuss pending litigation.
Carried Unanimously
Reconvene:
Common Council reconvened into Regular Session.
Resolution:
Approval of Execution of Memorandum of Agreement with the City of Ithaca Police
Benevolent Association, Inc.
By Alderperson Smith: Seconded by Alderperson Kerslick
WHEREAS,the Common Council and the Police Benevolent Association, Inc. ("PBA") are
desirous of amending the PBA 2008-2011 collective bargaining agreement ("CBA") so as to
eliminate the cash-out of sick time upon retirement, providing instead for the conversion of
that sick time into retiree health insurance (which already is a permissible use of sick time
under the CBA); and
WHEREAS, the Memorandum of Agreement included herewith, among other outcomes,
amends Article V, Section E of the CBA so as to eliminate the option to cash out accrued sick
time upon retirement, and resolves Improper Practice Charge U-35049 pending before the New
York State Public Employment Relations Board; now, therefore be it
RESOLVED, That the Common Council hereby authorizes the Mayor, upon the advice of the City
Attorney, to execute a Memorandum of Agreement with the PBA substantially similar to that
included herewith, and thereby to amend the CBA as provided in the Memorandum of
Agreement.
Carried Unanimously
MEMORANDUM OF AGREEMENT
WHEREAS,the City of Ithaca ("City") and the City of Ithaca Police Benevolent Association, Inc.
("PBA"), are parties to a collective bargaining agreement ("CBA") for the period January 1, 2008
through December 31, 2011; and
WHEREAS, Article V, Section E provides that PBA members may, at their option, elect to take a
cash settlement for unused sick leave,which shall not exceed $14,000; and
WHEREAS, on or about May 5, 2016, the PBA filed an Improper Practice Charge (U-35049, the
"Charge") with the New York State Public Employment Relations Board relating to Article V,
Section E; and
WHEREAS, on or about June 22, 2016,the City answered and denied the Charge; and
WHEREAS, the parties are mutually desirous of resolving the Charge without further need for
proceeding.
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December 7, 2016
NOW THEREFORE, it is hereby agreed as follows:
1. Article V, Section E, Retirement Fund Account, shall be amended to read as
follows:
Section E. - Retirement Fund Account
Upon an employee's retirement, he/she shall be compensated as follows:
1. Unused Sick Leave:
Any unused sick leave shall be applied to the payment of extended health and/or
dental insurance coverage. Such payment shall be calculated at the rate of 1.5
sick days for each month of insurance coverage.
Retiring officers have the option to defer health insurance for up to five (5)
years. This decision must be made at the time of retirement.
2. Unused Vacation Time and Compensatory Time:The employee may, at the
employee's option, elect to receive a cash settlement as payment for any unused
vacation time and compensatory time; or the employee may elect to have any
unused vacation time and compensatory time applied toward the payment of
extended health and/or dental insurance coverage.
3. For the purpose of this Article, the value of unused leave time shall be
determined as follows:
Hourly rate of pay annual salary divided by the number of weekly pay periods
divided by forty (40) hours per week.
The cost of health insurance and dental insurance premiums shall be determined
pursuant to the policies and procedures established by the Ithaca Common
Council.
4. Upon the exhaustion of an employee's Retirement Fund Account,the City will no
longer extend health or dental insurance coverage to retirees and dependents
except by direct,full payment of the established premiums by the retiree or
dependent to the City.
5. In the event of an employee's death prior to his/her retirement, or if retired,
prior to the exhaustion of his/her Retirement Fund Account, the employee's
Retirement Fund Account or remaining balance thereof shall continue to be
utilized by the City for extended health and/or dental insurance coverage for
his/her spouse and/or surviving dependent children.
6. In consideration,the PBA agrees to:
a. withdraw and not proceed with the Charge, and
b. withdraw any proposal for compensation from the pending Body Worn
Camera (BWC)-related mediation or potentially-ensuing interest arbitration.
7. The terms of this agreement shall be effective December 1, 2016.
8. The terms of this Agreement are non-precedent setting.
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December 7, 2016
MINUTES FROM PREVIOUS MEETINGS:
18.1 Approval of the November 2, 2016 Common Council Meeting Minutes—Resolution
By Alderperson Smith: Seconded by Alderperson Nguyen
RESOLVED, That the minutes of the November 2, 2016 Common Council Meeting be approved
as published.
Carried Unanimously
ADJOURNMENT:
On a motion the meeting adjourned at 9:15 p.m.
/ 1 (nil L
J
fie Conley Holcomb, MC Svanet. Myrick
City Clerk Mayor I
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