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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. 2 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 3 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 4 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 5 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 6 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. 7 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 8 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 9 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. 10 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 11 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 12 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; 13 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 14 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 15 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. 16 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. 17 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. 18 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 19