HomeMy WebLinkAboutMN-CC-2018-12-05COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 6:00 p.m. December 5, 2018
PRESENT:
Alternate Acting Mayor Murtagh
Alderpersons (8) Brock, McGonigal, Nguyen, Gearhart, Fleming, Smith, Kerslick,
Lewis
OTHERS PRESENT:
City Clerk – Conley Holcomb
City Attorney – Lavine
City Controller – Thayer
Building - Planning & Development Director – Cornish
Chief of Staff – Cogan
Lieutenant Young
EXCUSED:
Mayor Myrick
Alderperson Mohlenhoff
PLEDGE OF ALLEGIANCE:
Alternate Acting Mayor Murtagh led all present in the Pledge of Allegiance to the
American Flag.
ADDITIONS TO OR DELETIONS FROM THE AGENDA:
Consent Agenda
Alderperson Brock requested that Item 8.6 Ithaca Police Department – Request to
Amend 2018 Authorized Budget for New York State (NYS) Homeland Security Grant –
Resolution be removed from the Consent Agenda and moved to Item 10.1 under City
Administration Committee items.
No Council member objected.
PROCLAMATIONS/AWARDS:
Alternate Acting Mayor Murtagh proclaimed the year of 2019 as “Be the One!” year in
the City of Ithaca.
SPECIAL ORDER OF BUSINESS:
4.1 Presentation of 2018 Pride of Ownership Awards:
The Ithaca Rotary Club in conjunction with the City of Ithaca presented the following
2018 Pride of Ownership Awards:
Tompkins Financial Headquarters Building
118 E. Seneca Street
HOLT Architects
Bed and Breakfast Renovation
224 Columbia Street
Kenneth and Madeline Young
Construction of New Garage
221 Bryant Avenue
Owners: Ellen McCollister and Robert Frank; Architects: STREAM Collaborative, Noah
Demarest and Rob Morache; Builder: Joshua Lind Builder, Inc.
Rebuilding of the former Chapter House and neighboring building
400-406 Stewart Avenue
Architects: Jason Demarest of Jason K. Demarest Architecture
December 5, 2018
2
First Street Mosaic Project
Corner of First and Franklin Streets
Artist Organizers: Annemarie Zwack, Margaret Corbit, Wes Blauvelt, Leslie Carrere,
Louisa Sandvik, Carla Stetson, Caitlin Chan
"Epic Mom" Mural
816 South Meadow Street
Owner: Alex Colket
Artist: Ramiro Davaro-Comas
Project team organized by Caleb Thomas, Ithaca Murals project
SPECIAL PRESENTATIONS BEFORE COUNCIL:
Reports of Municipal Officials:
Tompkins County Legislator Richard John addressed Common Council on the following
topics:
Thanked the City for their contribution to Mental Health Court
Expressed his appreciation for the County/City partnership for the Community
Outreach Worker program expansion
The Tompkins Center for History and Culture construction is continuing at a good
pace. The Center is expected to open at the end of January.
Discussion followed on the floor regarding what Tompkins County is doing to address
homelessness issues in the County.
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
The following people addressed Common Council regarding the legislation related to
the distribution of funds for the Active Firemen’s Relief Fund and Veteran Volunteer Fire
Fighter Relief Fund:
Frank Cantone, Town of Ithaca
Dan Maas, Town of Dryden
Steven Williams, City of Ithaca
Bill Gilligan, Town of Ithaca
Gary Farwell, Ithaca Fire Department
Robert Shepherd, Ithaca Fire Department
Kevin Koehler, Vice President Ithaca Paid Fire Fighters Association
Brian Eden, Town of Ithaca addressed Common Council regarding the Cornell
University North Campus Expansion Project.
PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR:
Alternate Acting Mayor Murtagh thanked the speakers for their comments and voiced
his appreciation for the input from Company 9.
CONSENT AGENDA ITEMS:
City Administration Committee:
8.1 Department of Public Works (DPW) – Parking Division – Amendment to
Personnel Roster - Resolution
By Alderperson Kerslick: Seconded by Alderperson Gearhart
WHEREAS, under the previous Director of Parking, two Parking Lot Attendant positions
were converted to Buildings and Grounds Maintenance Worker positions and moved to
the Commons Crew to serve as a weekend and evenings Commons Crew shift from
1:00 PM to 9:30 PM; and
WHEREAS, this crew was assigned routine cleaning and maintenance tasks on the
Commons that included emptying trash receptacles, handling of tables and chairs,
cleaning out drainage facilities, picking up trash, and other miscellaneous tasks; and
WHEREAS, many of the duties assigned to the weekend and evening Commons Crew
overlap with Downtown Ithaca Alliance (DIA) Ambassador shifts and duties and are
therefore redundant; and
December 5, 2018
3
WHEREAS, the funding for these positions would be more effectively utilized by
strengthening the daytime Commons Crew so that needed infrastructure repairs can be
accomplished, and by expanding the customer service capabilities of the parking
garage staff; and
WHEREAS, the DIA has agreed to assume routine trash pickup and cleaning duties
during evenings and weekends as a part of the existing Memorandum of Understanding
between the City of Ithaca and DIA, at no e xtra cost; now, therefore be it
RESOLVED, That the Personnel Roster of the Parking Division of the Department of
Public Works be amended as follows:
Re-fund: One (1) Working Supervisor – Parking, Building and Grounds
Add: One (1) Parking Lot Attendant
Delete: Two (2) Building and Grounds Maintenance Workers
; and, be it further
RESOLVED, That the above changes shall be funded within the existing budget.
Carried Unanimously
8.2 Finance Department – Authorization to Cover Red Accounts - Resolution
By Alderperson Kerslick: Seconded by Alderperson Gearhart
RESOLVED, That the City Controller be empowered to make transfers within the 2018
Budget appropriations, as needed, for the remainder of the 2018 Fiscal Year.
Carried Unanimously
8.3 Finance Department/City Controller - Request to Amend 2018 Budget to
Account for Various Unanticipated Revenue and Related Expenses - Resolution
By Alderperson Kerslick: Seconded by Alderperson Gearhart
WHEREAS, during 2018, City of Ithaca departments have received revenue from
various unanticipated sources including reimbursements, insurance recoveries and
donations that need to be accounted for in the 2018 budget ; and
WHEREAS, the reimbursement totals of $12,877 as follows:
Reimbursements $7,801
Insurance Recovery $4,101
Donations $975
; now, therefore be it
RESOLVED, That Common Council hereby amends the 2018 authorized budget as
follows to account for said receipts and related expenditures of funds:
Increase Revenue Accounts:
A3120-2655 Police Minor Sales $800
A3120-2680 Police – Insurance Recovery $1,768
A3410-2260 Fire – Public Safety Services $3,151
A3410-2705 Fire – Insurance Recovery $2,333
A7111-1710 Forestry – Public Work Services $3,850
A7111-2680 Forestry – Insurance Recovery $975
$12,877
Increase Appropriations Accounts:
A3120-5476-5001 Police – Equipment Maintenance $647
A3120-5477-5001 Police – Equipment Parts $1,921
A3410-5110-12200 Fire – Staff Salaries $3,151
A3410-5476-12250 Fire – Equipment Parts $2,333
A7111-5125 Forestry OT $750
A7111-5483 Forestry Construction Supplies $375
A7111-5485 Forestry Trees $3,700
$12,877
Carried Unanimously
December 5, 2018
4
8.5 An Ordinance to Transfer Title of a Portion of Linn Street to the Ithaca City
School District
By Alderperson Kerslick: Seconded by Alderperson Gearhart
WHEREAS, in 2017, the City of Ithaca identified Elm Street and Chestnut Street
intersection for certain pedestrian and vehicular traffic safety improvements, and in
2019, the City plans to construct sidewalk on South Aurora Street bordering South Hill
Elementary School to provide improved and safer pedestrian access on South Aurora
Street; and
WHEREAS, in order to accomplish these safety enhancements, the City is interested in
acquiring certain portions of Ithaca City School District land, namely fee title to a small
3,385 square foot parcel of land adjacent to Lehman Alternative Community School to
support the intersection improvements depicted in the drawing attached and
incorporated here as Exhibit A, and a permanent easement of 3,070 square feet along
South Aurora Street as depicted in the drawing attached and incorporated here as
Exhibit B (hereafter, referred to as Parcels A and B, respectively); and
WHEREAS, Ithaca City School District (the “District”) requires that divestment of school
district land be for fair market value; and
WHEREAS, the City has proposed an exchange of the parcels depicted in Exhibits A
and B, as described above for a deeded transfer of a section of Linn Street comprising
an area of approximately 8,717 square feet located behind Fall Creek Elementary,
currently used by the school (shown in the drawing attached and incorporated here as
Exhibit C, and hereafter referred to as the “Linn Street Parcel”); and
WHEREAS, in 1965, the City discontinued the relevant portion of Linn Street comprising
the Linn Street Parcel and authorized the District’s use of the same, but never
transferred title to the District as was intended; and
WHEREAS, the District remains interested in acquiring title to the Linn Street Parcel in
exchange for transferring title to the City for Parcel A and providing a permanent
easement over Parcel B; and
WHEREAS, on November 20, 2018, the City’s Board of Public Works declared the
property depicted in Exhibit C surplus property for municipal purposes and
recommended Council’s authorization of the release; and
WHEREAS, the City Charter requires approval by three-fourths of the Common Council
to authorize divestment of real property; and
WHEREAS, the City Charter further requires notice of a proposed sale to be published
no less than once each week for three weeks, the first such notice being published no
less than 30 days prior to the approval vote, and such notices have been published;
now, therefore be it,
ORDINANCE 2018-__
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as
follows:
Section 1. Legislative Intent and Purpose. The Common Council makes the following
findings of fact:
A. The Linn Street Parcel is surplus for municipal purposes.
B. The Linn Street Parcel has been in continuous use by the District,
presumably since 1965, and may be transferred to the District maintainin g
an easement for the City for the water main running below Linn Street.
C. The exchange offered by the District for fee title to Parcel A and a
permanent easement over Parcel B is adequate consideration to release
the City’s interests in the Linn Street Parcel.
December 5, 2018
5
Section 2. Approval and Execution of Deed. The Common Council authorizes and
directs the Mayor, on the advice of the City Attorney, to execute documents as needed
to effect these transactions.
Section 3. Effective Date. This ordinance shall take effect immediately.
Carried Unanimously
PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE:
9.1 Selection of Next Plans for Phase II of the City of Ithaca Comprehensive
Plan Phase II - Resolution
By Alderperson Brock: Seconded by Alderperson Lewis
WHEREAS, the Comprehensive Plan outlines a vision for the city’s future and serves as
a guide for future decision-making, policies, and funding; and
WHEREAS, the City decided to pursue a two-phased approach to its new
Comprehensive Plan, where Phase I entailed the preparation of an “umbrella” plan,
Plan Ithaca, that sets forth broad goals and principles to guide future policies throughout
the city and where Phase II includes the preparation of specific neighborhood and
thematic plans; and
WHEREAS, the Phase II plans provide an opportunity to take a proactive look at
specific areas throughout the city, particularly those with significant potential for change,
and to implement policies and capital improvements to help implement a shared vision;
and
WHEREAS, the Parks and Recreation Master Plan was adopted as the first Phase II
plan in June 2018, and work on the Waterfront and Southside area plans is ne aring
completion; and
WHEREAS, staff is beginning to prepare for the next plans to be completed as part of
Phase II, with work intended to begin in the first quarter of 2019, and would like to
identify Common Council’s priorities for the upcoming planning initiatives; now,
therefore be it
RESOLVED, That the Common Council selects the Downtown-West State Street
Corridor-West End area plan (study area #4 as shown on the map titled
“Comprehensive Plan Phase II Study Areas,” dated August 28, 2018) and the Housing
Strategy White Papers as the next plans to be completed as part of Phase II of the
Comprehensive Plan.
Alderperson Murtagh explained that the Planning & Economic Development Committee
selected the Downtown/West End area of the city as the next study area as this plan
would dovetail with the Downtown Ithaca Alliance strategic planning efforts. In addition,
a housing strategy was identified as a critical need for the city.
Alderperson Brock stated that this is a great list that has been modified through
committee discussions. One of the issues discussed was saturation zoning but it didn’t
fit easily into any of the categories. She feels that this might fit as a sub-topic under infill
housing and would like to see it added to the list. Planning and Development Director
Cornish agreed that this topic was intended to be included in the list.
Alderperson Nguyen noted that previously, the South Hill area was offered to be one of
the next areas to receive a Phase II planning study and asked why it was not included
on the 2019 priority list. Planning & Development Director Cornish responded that the
Downtown/West End area was recommended because the Downtown Ithaca Alliance is
currently working on their strategic plan and it was an opportunity to save time , share
resources, and to develop plans that were in harmony with one another. She noted that
the Planning Division does not have the staff resources to take on another
neighborhood plan at this time; however, one of the most important issues for the South
Hill neighborhood is infill housing and they will be working on the Housing Strategy
December 5, 2018
6
white papers in tandem with the other project and the result will include
recommendations for zoning changes.
A vote on the Resolution resulted as follows:
Carried Unanimously
Alderperson Murtagh reported that Superintendent of Public Works Thorne will be
making a presentation on the Flood Hazard Analysis Study at the next Planning &
Economic Development Committee meeting and invited all Council members to attend.
CITY ADMINISTRATION COMMITTEE:
10.1 Ithaca Police Department – Request to Amend 2018 Authorized Budget for
New York State (NYS) Homeland Security Grant - Resolution
By Alderperson Kerslick: Seconded by Alderperson Nguyen
WHEREAS, the Ithaca Police Department (IPD) recently received a US Department
of Homeland Security State Homeland Grant administered by New York State for
$100,000; and
WHEREAS, the grant will be used to develop and enhance tactical team response
capabilities through equipment, training and exercise, with funding through August
31, 2020; and
WHEREAS, equipment and resources purchased through this grant will include:
Tactical Robot, helmet mounted night vision devices, tactical ballistic shield, spotting
scopes and binoculars, handheld Forward Looking InfraRed unit, and backfill of
overtime of training; now, therefore be it
RESOLVED, That Common Council hereby amends the 2018 authorized Police
Department Budget to account for the $100,000 New York State Homeland Security
and Emergency Services Grant as follows:
Increase Revenue Account:
A3120-4320 Police Federal Aid $100,000
Increase Appropriation Accounts:
A3120-5125-5001 Police Overtime $18,500
A3120-5225-5022 Police Equipment $81,500
$100,000
Discussion followed on the floor regarding Common Council’s request that the Police
Department reach out prior to applying for these grants so a conversation could be
held pertaining to the needs and priorities of the department.
Lieutenant Young noted that IPD is very fortunate to receive this funding as it is a very
competitive grant. He explained that the wave of the future is putting technology in
place of humans in high stress situations for officer safety, scene processing,
surveillance, etc.
Further discussion was held on the purpose of the robot. Lt. Young stated that this
robot is the same robot they already have, noting that the two robots could work in
tandem and cover more area.
Lt. Young explained that these grant opportunities are posted with a 30-day response
window. The department is planning to continue to apply for this grant if it remains
available as they are looking to build a capacity (ie. training, outfitting all vehicles and
officers, etc), and are not interested in purchasing random “toys”.
Alderperson Brock noted that government grants sometimes come with terms and
conditions. While she recognizes the intent to continue to apply for these grants, she
continues to request that Council be informed in advance of the application to make
sure that the department’s intent matches the needs of the community.
December 5, 2018
7
Alderperson Lewis acknowledged the timing issues with grants and noted that regular
updates to Common Council might help educate them on the benefits of the
equipment, training hours, etc. offered by the grants.
Alderperson Fleming thanked Lt. Young for being available to answer questions,
noting that Council wants to be vigilant about ways that law enforcement tools are
used. She noted that we don’t have an abuse of power or militarization of police here
and don’t want to have it. She further thanked the Ithaca Police Department for
promoting respectful and rational policing in Ithaca.
A vote on the Resolution resulted as follows:
Ayes (8) McGonigal, Nguyen, Murtagh, Gearhart, Fleming, Smith, Kerslick,
Lewis
Nays (1) Brock
Carried
10.2 Planning, Building, Zoning and Economic Development - Authorization of
Funds for Outside Legal Services for the Environmental Review of Cornell’s North
Campus Residential Expansion (NCRE) - Resolution
By Alderperson Kerslick: Seconded by Alderperson Smith
WHEREAS, the Planning Division is requesting funds not to exceed $20,000 to retain
Adam Walters of Phillips Lytle LLP, to provide legal counsel to the Planning and
Development Board pertaining to the environmental review of Cornell’s NCRE Project;
and
WHEREAS, Cornell submitted a site plan review application for NCRE to the City of
Ithaca Planning and Development Board in July of 2018. The project spans three
municipalities and consists of two residential complexes with 2,000 beds, a 1,200 -seat
dining facility, and associated program space; and
WHEREAS, the Planning Board is acting as Lead Agency in the environmental review
of the project; and
WHEREAS, the potential environmental issues of the project are particularly complex
and have generated an unusually large amount of public interest. To produce the most
defensible environmental record possible, the Board and staff require legal advice from
a practitioner who specializes in environmental and land use law; and
WHEREAS, the Planning, Building, Zoning and Economic Development Department’s
current contract line does not have sufficient funds to cover this expense; and
WHEREAS, the requested funding is offset by the $192,000 site plan review fee
received in 2018 for the $128,000,000 project; now, therefore be it
RESOLVED, That the Common Council does hereby authorize the requested funds, not
to exceed $20,000, to provide legal counsel to the Planning and Development Board
pertaining to the environmental review of Cornell’s NCRE Project; and, be it further
RESOLVED, That Common Council hereby amends the 2018 Authorized Planning,
Building, Zoning and Economic Development budget for said outside legal counsel as
follows:
Increase Revenue
A8020-2111 Site Development $20,000
Increase Appropriation Account:
A8020-5435 Contracts $20,000
Alderperson Lewis asked how this individual was selected. Planning and Development
Director Cornish explained that this Attorney was used by the City previously to assist
December 5, 2018
8
with the Chainworks District Environmental Impact Statement as he has a very
comprehensive knowledge of the SEQR and land use laws.
Alderperson Brock noted that this development has received significant public
comment, similar to the Novarr project, and asked what the tipping point was to indicate
the need for outside legal counsel. Planning and Development Director Cornish stated
that the main concern expressed from the public was the use of natural gas. She noted
that this project is basically contained to the Cornell campus; however, information is
being requested regarding upstream emissions and distribution of methane gas, and
what the potential impacts would be outside of the project. She explained that Cornell
University is using energy more efficiently than any applicant the city has worked with
and the Planning Board is satisfied with the proposed use of the power plant.
Planning and Development Director Cornish further stated that when the city has been
challenged in court, it has been on process. This attorney would assist in ensuring that
the Planning Board’s obligation under SEQR has been met.
Discussion followed on the floor regarding how the funding for this request would be
offset by the site plan review fees; and the requests the City has received regarding
being more proactive about green development to curb greenhouse gas emissions.
A vote on the Resolution resulted as follows:
Carried Unanimously
10.3 A Local Law Entitled “Adjustments to the Stormw ater User Fee”
By Alderperson Kerslick: Seconded by Alderperson Smith
W HEREAS, the City previously adopted Local Law 2014-03, authorizing the creation
of a stormwater utility and the establishment of a stormwater user fee; and
W HEREAS, that Local Law created a user fee funding stream to support stormwater-
related expenses, such as construction and maintenance of storm sewers and
channeled streams, environmental management, and regulatory compliance; and
W HEREAS, Council’s stated intent in that Local Law was for a stormwater user fee to
replace taxes as the funding mechanism for stormwater-related expenses, because
taxes do not account for the amount of stormwater generated by impervious surfaces
located on any given parcel and do not provide any incentive for property owners to
reduce the amount of runoff generated by their properties; and
W HEREAS, Council noted in that Local Law that employing taxes as the funding
mechanism f or stormwater-related expenses omits tax-exempt properties from
participation in the funding of the stormwater programming and infrastructure needed to
handle runoff generated by such properties; and
W HEREAS, City staff have been able to evaluate the functionality of that Local Law
based upon the ensuing three-plus years of activity, and have concluded that the City
spends markedly more each year on stormwater-related expenses than it collects in
stormwater user fees, meaning that, on average, the City spends well over half a
million dollars per year on stormwater services paid for by funding sources other than
stormwater user fees—much of it, tax dollars; and
W HEREAS, Municipal Home Rule Law Section 10(1)(ii)(a)(9-a) authorizes the City
to provide for the “fixing, levy, collection and administration of rentals, charges, rates
or fees, penalties and rates of interest thereon, liens on local property in
connection therewith and charges thereon;” now, therefore
LOCAL LAW 2018-
BE IT ENACTED by the Common Council of the City of Ithaca as follows:
December 5, 2018
9
Section 1. Legislative Findings, Intent, and Purpose.
The Common Council makes the following findings of fact:
A. The City currently expends far more funding on Stormwater Services, as
defined in Section 283-1 of the City Code, than it collects in total Stormwater
User Fees, thus necessitating substantial expenditures from other funding
sources to provide necessary Stormwater Services. Those other funding
sources include the General Fund (i.e., tax dollars) and outside funding
sources, particularly state and federal grant funding.
B. The City seeks more closely to align the Stormwater User Fees annually
collected with the annual expenditures on Stormwater Services. Every parcel of
real property that contains impervious surface areas, both public and private,
uses and benefits from the maintenance of the stormwater system, and those
impervious surfaces that generate larger quantities or dirtier runoff use and
benefit disproportionately.
C. Those parcels of property constituting Non-Residential Lots, often
containing parking lots and other automotive-intensive uses, are substantially
more likely than Residential Lots, even when measured on a per-ERU basis,
each term as defined in Section 283-1, to produce stormwater containing
hydrocarbons, trace metals (including cadmium, copper, lead and zinc), and
chlorides, each of which are substantially attributable to automotive operations
ranging from leaking oil and grease to shedding brake pads to salts that are
applied to parking lots, as documented in the Department of Environmental
Conservation’s 2015 Stormwater Management Design Manual Chapter 2,
Section 2.1. For example, that Manual notes that “some areas that produce
runoff with high runoff concentrations [of hydrocarbons] include gas stations,
commuter parking lots [and] convenience stores.”
D. These more concentrated quality impacts on the stormwater managed
by the City (i.e., more polluted stormwater on a per-square-foot basis)
necessitate a higher per-ERU User Fee Rate, as defined below, for Non-
Residential Lots.
E. Because an array of Stormwater Services remain to date funded by
sources other than Stormwater User Fees, changed incentives continue to be
required in order to motivate individual property owners to reduce the rate and
volume of runoff from their respective properties and to increase the water
quality of that runoff. Properties with large, impervious surfaces, such as parking
lots, are often assessed at a lower value for property tax purposes than smaller
properties with a residential building surrounded largely by pervious surfaces,
even though the former properties have a much larger effect on the City’s
stormwater infrastructure. As a result, the costs of stormwater services required
to meet the City’s regulatory obligations, increase waterway quality, and protect
City residents and businesses from flooding are not currently shared by each
property fully in proportion to the demands it places on such services.
F. Impervious surfaces that tax-exempt property owners have chosen to
construct or maintain on their properties substantially increase the need for, and
cost of providing, stormwater services. However, because a substantial portion
of those costs to date continue to be paid out of the City’s tax revenues, the
owners of those properties do not proportionately participate in funding the
infrastructure and services required by the runoff generated due to their
decisions.
Pursuant to Municipal Home Rule Law Section 10(1)(ii)(a)(9-a) the City of
Ithaca is authorized to adopt a local law relating to the adoption of user
fees. The user fee adjusted by this Local Law will be used to pay the costs
incurred by the City in offering services and infrastructure to handle runoff
caused by a property owner’s choice to construct or maintain impervious
December 5, 2018
10
surfaces on a given property. Further, this dedicated source of funds for
stormwater programming is needed for the City to address its aging
inf rastructure, the increasing number of federal and state regulations
regarding the handling of stormwater with which the City must comply, and
the increases in overall precipitation and heavy precipitation events that
have already occurred, and are anticipated to continue, due to climate
change.
Section 2. Amendment to Section 283-1.
Section 283-1 of the City Code, “Definitions”, is hereby amended to add at the end
thereof:
USER FEE RATE.
The monthl y User Fee Rate for Residential Lots is four dollars and
seventy-fi ve cents ($4.75); for Non-Residential Lots it is seven dollars and
tw enty-five cents ($7.25).
Section 2. Amendment to Section 283-2(A).
Section 283-2(A) of the City Code, “Stormwater User Fees”, is hereby amended
as follows:
A. Each Developed Lot in the City shall be subject to a monthly Stormwater User
Fee equal to the product of [four dollars ($4.00)]the applicable User Fee
Rate and the number of ERUs of Impervious Surface Area on the Lot as
calculated below, less any credits for the Lot approved by the Superintendent
pursuant to Section 283-3.
(1) Every Residential Lot, and each Non-Residential Lot with an
Impervious Surf ace Area less than or equal to one (1) ERU, shall be
deemed to have an Impervious Surface Area equal to one (1) ERU.
(2) The number of ERUs of Impervious Surface Area on a Non- Residential
Lot with an Impervious Surface Area greater than one ERU shall be
calculated by dividing the Lot’s Impervious Surface Area by the value of one
(1) ERU, and rounding the result up to the nearest one-quarter (1/4) of an
ERU.
Section 3. Severability Clause.
Severability is intended throughout and within the provisions of this Local Law. If any
section, subsection, sentence, clause, phrase, or portion of this Local Law is held to be
invalid or unconstitutional by a court of competent jurisdiction, then that decision shall
not affect the validity of the remaining portions of this Local Law.
Section 4. Effective and Operative Date.
This Local Law shall take effect January 1, 2019, provided it is first filed in the office
of the Secretary of State, or upon filing in the office of the Secretary of State
thereafter.
Alderperson Brock stated that she would not vote in favor of this law. She noted that
the new stormwater fees represent a $600,000 increase to the stormwater fund and
includes an 81% increase to commercial and high density residential parcels. She
stated that she could have supported this action if it would have been implemented
incrementally. She noted that her opposition is about process and administration and
voiced her full support for the increase in Water & Sewer crews and increased attention
to stormwater issues in the city.
Alderperson Smith spoke in support of the law as there are few other ways to fund the
work that needs to be done. The alternative would be to raise property taxes which
would have a much greater impact on the average homeowner.
December 5, 2018
11
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 Lewis - Aye
Carried (8-1)
10.2 Planning, Building, Zoning and Economic Development - Establishment of
Capital Project for Cascadilla Creek Dredging and Installation of a Sediment Trap
- Resolution
By Alderperson Kerslick: Seconded by Alderperson Gearhart
WHEREAS, the City of Ithaca is pursuing a project to mechanically dredge Cascadilla
Creek between the confluence with Cayuga Inlet and the pedestrian bridge adjacent to
New York State Route 13 (N. Meadow Street) and to install a sediment trap within the
channelized segment of the creek that can be accessed by City staff on a permitted
basis to remove captured sediments; and
WHEREAS, the Project is funded by a $2,000,000 allocation from the New York State
Capital Assistance Program (NYSCAP) through the sponsorship of State
Assemblywoman Barbara Lifton; and
WHEREAS, this a 100% reimbursable program with no local match; now, therefore be it
RESOLVED, That the Common Council does hereby authorize the creation of Capital
Project #853 for Cascadilla Creek Dredging and Installation of a Sediment Trap in the
amount not to exceed $2,000,000; and, be it further
RESOLVED, That funds for said Capital Project shall be derived from the issuance of
Serial Bonds with a later 100% reimbursement from the New York State Capital
Assistance Program Aid.
Alderperson Lewis thanked City staff for their diligence and persistence. She noted that
this project has been talked about for decades and staff has been great in navigating
this process. She further thanked Assemblywoman Barbara Lifton for her support,
noting that this work will make a tremendous difference in the City.
A vote on the Resolution resulted as follows:
Carried Unanimously
10.3 Department of Public Works (DPW) – Request to Establish Capital Project
for Stewart Park Playground - Resolution
By Alderperson Kerslick: Seconded by Alderperson Smith
WHEREAS, the City of Ithaca and the Friends of Stewart Park have entered into a
Memorandum of Understanding (MOU), dated June 14, 2017, which specifically
addresses a Playground Grant Project (the “Project”); and
WHEREAS, the City has processed the required paperwork and has received a Grant
Disbursement Agreement from the Dormitory Authority of the State of New York
(DASNYS) in the amount of $1 million as part of a reimbursement program called State
and Municipal (SAM) Facilities, for the Project; and
WHEREAS, the City of Ithaca Planning & Development Board has approved a Project
site plan and, on February 27, 2018, declared that the project will have no significant
negative environmental impact, in accordance with the State Environmental Quality
Review Act and the related City ordinance; and
WHEREAS, the abovementioned MOU notes that in the event that the required
construction estimate exceeds $1,000,000, the Friends of Stewart P ark agree to donate
the additional funds necessary to construction the Project ; and
WHEREAS, Common Council is desirous of progressing this Project; now, therefore be
it
December 5, 2018
12
RESOLVED, That Common Council hereby establishes Capital Project #854 Stewart
Park Playground, in the amount not to exceed $1,000,000 for the purposes of
constructing the Project; and, be it further
RESOLVED, That funding for said Capital Project shall be derived from the issuance of
Serial Bonds with the understanding that all eligible expenses up to $1,000,000 will be
reimbursed by the DASNY SAM program; and, be it further
RESOLVED, That the Mayor of the City of Ithaca is hereby authorized to enter into any
and all agreement(s) with the State of New York and/or DASNY related to this project,
upon review by the City Attorney; and, be it further
RESOLVED, That the City Controller is hereby authorized and directed to accept any
and all donations from the Friends of Stewart Park or others for this Project and to use
these funds to increase the authorization for the Capital Project; and, be it further
RESOLVED, That this project be undertaken with the understanding that the final cost
of the Project to the City of Ithaca will be roughly 0% of said portion, currently estimated
at $0 of the $1,000,000 authorized for this portion of the Project, in monies and in -kind
services as managed by the Superintendent of Public Works and monitored by the City
Controller.
Alderpersons Lewis and Murtagh thanked everyone for their hard work on this project
including Rick Manning, Diana Riesman, Assemblywoman Barbara Lifton and the
Engineering division.
A vote on the Resolution resulted as follows:
Carried Unanimously
10.4 Capital Project Construction Phase for Grit Removal Project, Concrete
Restoration Project, Emergency Generator Replacement, and Miscellaneous Plant
Improvements at the Ithaca Area Wastewater Facility – Resolution
By Alderperson Kerslick: Seconded by Alderperson Brock
WHEREAS, the Ithaca Area W astewater Treatment Plant (IAWWTP) is in need of
certain Capital Improvements; and
WHEREAS, DPW staff, in association with the Plant’s consulting engineers, GHD, have
completed the final drawing, specifications, and Contract bid Documents in accordance
with GHD’s letter and Scope of Services Schedule A dated October 9, 2017 Revised
Scope of Services and Engineering Fee Grit Removal and Concrete Restoration
Project; and
WHEREAS, Capital Project CP #422J has been previously established in the amount of
$434,175 for design of Various Improvements to the IAWWTP; and
WHEREAS, a project cost estimate has been prepared by GHD which
includes the following;
Contract 1 - General
Site work, chemical unloading, vac-truck pad $320,000
Concrete Repairs $150,000
Influent Building Improvements $160,000
Grit System $2,160,000
Stair Tower Replacement $160,000
Mis (Weirs, scum collectors, gas piping, doors, etc.) $1,470,000
Subtotal Contract 1 $4,420,000
Contract 2 – Electrical
Electrical $350,000
Emergency Generator Replacement $800,000
Instrumentation & Controls $110,000
December 5, 2018
13
Subtotal Contract 2 $1,260,000
Contract 3 – HVAC
HVAC $310,000
Subtotal Contract 3 $310,000
Project Total Cost $7,190,000
WHEREAS, the Special Joint Committee (SJC) recommended the approval of said
project at its regular meeting of September 19, 2018 be authorized and funded in an
amount not to exceed $7,190,000 for the costs required to construct the Grit Removal
and Concrete Restoration project in its entirety; now, therefore be it
RESOLVED, That Common Council hereby amends Capital Project #422J Various
Improvements to the IAWWTP by an amount not to exceed $7,190,000 for a total
project allocation of $7,624,175, to fund the above stated improvements ; and, be it
further
RESOLVED, That Common Council hereby authorizes this project contingent upon
action by all wastewater partners committing their percentage of reimbursement
shares to the Joint Activity Fund allocated per the Joint Sewer Agreement as follows:
Municipality Percentage Project Cost
City of Ithaca 57.14 $4,108,366
Town of Ithaca 40.88 $2,939,272
Town of Dryden 1.98 $142,362
$7,190,000
Carried Unanimously
10.5 A Local Law Entitled “Repeal of City Charter C-94 and Distribution of the
Balances of the Veteran Volunteer Firemen’s Relief Fund and the Active
Firemen’s Relief Fund”
By Alderperson Kerslick: Seconded by Alderperson Lewis
WHEREAS, City Charter § C-94 establishes certain “powers and duties of the Common
Council relevant to the Fire Department” that provide Common Council authority over
taxes collected from insurance companies for the benefit of the City’s fire companies
under New York Insurance Law (“two percent moneys”) and for the administration of
two Relief Funds; and
WHEREAS, earlier this year, the City Administration Committee requested that staff
develop proposed amendments to the little-used Relief Funds established in § C-94;
and
WHEREAS, a group of City representatives met with the Veteran Volunteer Fi remen's
Association of Ithaca, after which that organization requested the distribution to that
organization of the funds currently held by the City in the Veteran Volunteer Firemen’s
Relief Fund; and
WHEREAS, the Fire Chief recommends the transition represented by this Local Law
because both existing Relief Funds as provided in the Charter are rarely used, and such
utility as served by those Funds in decades past has largely been supplanted by
modernized coverage for firefighter injuries, both professional and volunteer; and
WHEREAS, State law provides a standard legal framework pursuant to which two
percent moneys are to be distributed to firefighters within localities across the state; and
WHEREAS, Ithaca’s City charter has long diverted two percent moneys from the
standard framework in order to fund the Relief Funds and make the Charter-specified
distributions therefrom; and
WHEREAS, the Common Council wishes to repeal City Charter § C-94, divest itself of
the powers and duties contained therein, and transfer the balance remaining in the
funds established under § C-94 as set forth below; now, therefore
December 5, 2018
14
LOCAL LAW 2018-___
BE IT ENACTED by the Common Council of the City of Ithaca as follows:
Section 1. Legislative findings, intent, and purpose.
The Common Council makes the following findings:
1. Under New York Insurance Law §§ 9104 and 9105, the City receives funds from
foreign and alien insurers and distributes such funds pursuant to the provisions of
New York Insurance Law and City Charter § C-94.
2. City Charter § C-94(A) establishes the Active Firemen’s Relief Fund and distributes
a portion of the above-described moneys collected under New York Insurance Law
to such fund.
3. City Charter § C-94(B) establishes the Veteran Volunteer Firemen’s Relief Fund,
which the City administers and holds in trust for the benefit of the Veteran Volunteer
Firemen's Association of Ithaca.
4. The Common Council finds it beneficial to eliminate City Charter § C-94 and, in the
future, to distribute funds collected under New York Insurance Law §§ 9104 and
9105 to the fire companies of the City of Ithaca pursuant to the provisions of the New
York Insurance Law.
5. The Common Council finds it further beneficial to transfer the balance of the Veteran
Volunteer Firemen’s Relief Fund to the Veteran Volunteer Firemen's Association of
Ithaca and to distribute the balance of the Active Firemen’s Relief Fund pursuant to
the provisions of the New York Insurance Law.
Based upon the above findings, the intent and purpose of this Local Law is to transfer
the balance of the Veteran Volunteer Firemen’s Relief Fund to the Veteran Volunteer
Firemen’s Association of Ithaca, amend the City Charter to repeal § C-94, and distribute
the balance of the Active Firemen’s Relief Fund pursuant to New York I nsurance Law
§§ 9104 and 9105.
Section 2. Transfer of the balance of the Veteran Volunteer Firemen’s Relief Fund
to the Veteran Volunteer Firemen’s Association of Ithaca.
The entire balance of the Veteran Volunteer Firemen’s Relief Fund shall be transferre d
to the Veteran Volunteer Firemen's Association of Ithaca.
Section 3. Repeal of City Charter § C-94.
City Charter § C-94, “Powers and duties of the Common Council relevant to the Fire
Department,” is hereby repealed in its entirety.
Section 4. Distribution of the balance of the Active Firemen’s Relief Fund
pursuant to the New York Insurance Law.
The entire balance of the Active Firemen’s Relief Fund shall be distributed to the fire
companies of the City of Ithaca pursuant to the provisions of New York I nsurance Law
§§ 9104 and 9105.
Section 5. Severability clause.
Severability is intended throughout and within the provisions of this Local Law. If any
section, subsection, sentence, clause, phrase, or portion of this Local Law is held to be
invalid or unconstitutional by a court of competent jurisdiction, then that decision shall
not affect the validity of the remaining portions of this Local Law.
Section 6. Effective date.
This Local Law shall take effect upon the filing of the Local Law in the office of the
Secretary of State.
Alderperson Kerslick explained that this item was discussed at length at the City
Administration Committee meeting but there were outstanding questions and additional
December 5, 2018
15
input was sought.
Fire Chief Parsons explained that if this Local Law is approved, the 2% monies would
be distributed in a different percentage than it is now. Currently, the majority of the
money goes to Company 9, which this year accounted for ten active members.
Approximately 25% of the funding goes to Ithaca Professional Fire Fighters Association
which represents 65 members. He noted that the provisions of Charter were written
when Ithaca was recognized as a volunteer fire department. Career fire fighters were
not recognized until 1942. The 2% monies are intended to be used for the benefit of
active fire fighters, not the Fire Department. He voiced his appreciation for how
Company 9 used their funding to purchase a vehicle and equipment but noted that was
the exception, and not representative how the money has been used in the past. The
Veterans Association was founded in 1919 and chartered in 1921. The current funding
mechanism made sense then. Currently, a majority of retirees are career fire fighters,
not volunteers, and as such they are not recognized. He shared his belief and hope
that both the career and volunteer fire fighters would work collaboratively to sustain the
Veterans Association in order to provide support for retirees and for the maintenance of
the historic memorabilia that represents the history of the Ithaca Fire Department.
Extensive discussion followed on the floor regarding the proposed redistribution of the
2% monies between the volunteer and paid fire fighters and the $9,000 that is
earmarked for the Veteran Volunteer Firemen’s Association.
Alderperson Brock stated that she understands what is being proposed but feels that all
of the groups should be part of the discussion process so that more of a collaborative
solution can be found. She noted that the Veterans Association has a building they
need to pay for and maintain and has stewardship over historical memorabilia. She
voiced her support for sending the legislation back to committee so that all parties could
work together on a solution.
City Attorney Lavine explained the process that was followed and noted that the City’s
Charter provisions are grandfathered through New York State Law. Common Council
can either decide to keep the distribution of funds the way it currently is, or default to
New York State law. There are no other funding options available. He stated that the
Fire Chief, City Controller, City Attorney, Chief of Staff, and a member of Common
Council met with the veteran volunteer fire fighters, who asked that the $9,000 be
released to them. He further explained that the $9,000 request can’t be honored
without addressing the 2% funds because they are both located in the same Charter
section.
Alderperson Nguyen noted that Ithaca is the only municipality in New York State still
operating under old charter provisions.
Council members expressed their respect to the parties involved for their dedication and
hard work on behalf of the city, and noted that the intent of any decisions made is to find
a more equitable solution.
Alderperson Brock noted that the Planning and Economic Development Committee
sends significant changes out to circulation to give everyone an opportunity to
participate before an issue comes to Common Council and stated that she feels that
sending this legislation back to circulate feels like an appropriate action to take.
Motion to Refer to Committee
By Alderperson Brock: Seconded by Alderperson McGonigal
RESOLVED, That this Local Law be referred back to committee for further public input.
Fire Chief Parsons stated that he supports both the volunteer and paid fire fighters and
is committed to providing them with whatever they need to do their jobs safely including
clothing, pagers, flashlights, etc.
Discussion followed regarding the future of fire fighting in the City of Ithaca.
December 5, 2018
16
A vote on the Motion to Refer to Committee resulted as follows:
Ayes (5) Fleming, Brock, McGonigal, Nguyen, Gearhart
Nays (4) Murtagh, Smith, Kerslick, Lewis
Failed
Alderperson Brock stated that she would vote against this legislation, not because of the
intent of the law but as a matter of process. She stated that this matter could have been
handled differently, and in this case once done, this action can’t be undone.
Motion to Table:
By Alderperson Smith: Seconded by Alderperson Kerslick
RESOLVED, That this issue be tabled until the January, 2019 Common Council
meeting.
Ayes (7) Brock, McGonigal, Nguyen, Gearhart, Fleming, Smith, Kerslick
Nays (2) Murtagh, Lewis
Carried
10.6 City Controller’s Report:
City Controller Thayer reported on the following:
Year-end activity is underway
The next bond issue that will happen in January will require a re-rating from
Moody’s
Interviews are underway for the open Payroll Coordinator position
The MUNIS financial software will be upgraded soon
Sales tax – $14 million budgeted - $12.1 million has been collected (still 5.5%
ahead of last year’s collection)
Overtime – $993,000 was budgeted; $1.5 million has been expended to date
Building permit revenue - $705,000 was budgeted - $908,000 has been collected
Site development fees – $120,000 was budgeted - $210,000 has been collected
Parking revenues - $2.8 million was budgeted - $2.5 million has been collected
Expenses – the current budget deficit going into December is $607,000
CPI – through November the CPI is 2.5% - this represents a potential 2.5%
increase in the Cornell University voluntary contribution
Mortgage tax – $650,000 budgeted - $512,000 has been collected
Fines – $926,000 budgeted - $811,000 has been collected
$686,000 of fund balance was budgeted but all of that may not be needed
Pension costs – the City will make this payment to receive a $40,000 discount
from the $4 million payment
Discussion followed on the floor regarding interest rate predictions and recession
indicators.
MAYOR’S APPOINTMENTS:
14.1 Recommendation to Tompkins Consolidated Area Transit Board –
Resolution
By Alderperson Kerslick: Seconded by Alderperson Smith
RESOLVED, That Common Council recommends that Laura Lewis be elected as a
director of the Tompkins Consolidated Area Transit Board with a term to expire
December 31, 2021, and, be it further
Reappointments to Building Code Board of Appeals – Resolution
RESOLVED, That Ernie Bayles be reappointed to the Building Code Board of Appeals
with a term to expire December 31, 2020; and, be it further
RESOLVED, That Lou Vogel be reappointed to the Building Code Board of Appeals
with a term to expire December 31, 2021.
Carried Unanimously
December 5, 2018
17
Alderperson Nguyen thanked former Superintendent of Public Works Bill Gray for his
years of service to TCAT and voiced his appreciation of Mr. Gray’s institutional
knowledge that will be missed.
REPORTS OF COMMON COUNCIL LIAISONS:
Ithaca Landmarks Preservation Commission
Alderperson Fleming reported that the ILPC is interested in designating the West Hill
Bus Station as a local landmark. They are arranging a tour of the building in the near
future. She encouraged Council members to review all of the materials as this request
will be going to the Planning & Economic Development Committee next week.
Board of Public Works
Alderperson McGonigal stated that he would send out a written report from the last
meeting.
Tompkins County Legislature
Alderperson McGonigal stated that the Legislature expressed a lot of concerns
regarding the Green Street inter-city bus location, noting that the Library has seen an
influx of people coming in to print bus tickets.
He further reported that the County would like to see if there are ways that their housing
committee could collaborate with the Mayor’s housing committee.
Community Life Commission
Alderperson Lewis noted that the November Community Life Commission meeting was
canceled due to the lack of a quorum.
Mobility, Accessibility, and Transit Commission
Alderperson Nguyen reported that the Commission is moving ahead on the snow
removal policy for sidewalks.
TCAT Board
Alderperson Nguyen announced that he will be the Chair of the TCAT Board next year.
TCAT has received a grant for new buses, and will be exploring sites for a potential
relocation.
Public Safety & Information Commission
Alderperson Smith reported that the PSI Commission received a presentation on 21st
Century Policing from Deputy Police Nayor and will be working on updating the City’s
Social Media policy.
MINUTES FROM PREVIOUS MEETINGS:
18.1 Approval of the October 3, 2018 Common Council Meeting Minutes –
Resolution
By Alderperson Smith: Seconded by Alderperson McGonigal
RESOLVED, That the minutes of the October 3, 2018 Common Council m eeting be
approved as published, and, be it further
Approval of the October 18, 2018 Special Common Council Meeting Minutes –
Resolution
RESOLVED, That the minutes of the October 18, 2018 Special Common Council
meeting be approved as published, and, be it further
Approval of the November 7, 2018 Common Council Meeting Minutes –
Resolution
RESOLVED, That the minutes of the November 7, 2018 Common Council meeting be
approved as published, and, be it further
December 5, 2018
18
Approval of the November 13, 2018 Special Joint Common Council/Ithaca Urban
Renewal Agency Meeting Minutes
RESOLVED, That the minutes of the November 13, 2018 Special Joint Common
Council/Ithaca Urban Renewal Agency meeting be approved as corrected.
Carried Unanimously
ADJOURNMENT:
On a motion the meeting adjourned at 9:20 p.m.
______________________________ _______________________________
Julie Conley Holcomb, CMC Joseph Murtagh
City Clerk Alternate Acting Mayor