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HomeMy WebLinkAboutMN-CC-2019-04-03COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 6:00 p.m. April 3, 2019 PRESENT: Mayor Myrick Alderpersons (10) Brock, McGonigal, Murtagh, Nguyen, Gearhart, Fleming, Smith, Kerslick, Lewis, Mohlenhoff OTHERS PRESENT: City Clerk – Conley Holcomb City Attorney – Lavine City Controller – Thayer Planning and Development Director – Cornish Deputy Director of Economic Development – Knipe Economic Development Planner - Kusznir PLEDGE OF ALLEGIANCE: Mayor Myrick led all present in the Pledge of Allegiance to the American Flag. ADDITIONS TO OR DELETIONS FROM THE AGENDA: Consent Agenda: Mayor Myrick requested the addition of Item 8.4A - Woody’s Ladybugs, LLC – d/b/a Red’s Place Restaurant Alcohol Permit Request – Resolution. No Council Member objected. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: The following people addressed Common Council: Marc Messing, Town of Ithaca – requested an apology from the Cascadilla Boat Club to his son for expelling him from the club due to his father’s objections to the club’s safety practices. He voiced his belief that it is his civic duty to speak out on safety issues. Nancy Osborn, City of Ithaca – voiced her support of Alderperson Murtagh’s Member Filed Resolution regarding recommending that Tompkins County restore housing at 111-119 Sears Street as part of their development proposal. She noted that she has circulated a statement that has been signed by 20 residents. Ashley Miller, City of Ithaca – expressed her appreciation to Alderperson Murtagh for asking Tompkins County to respect the City’s Comprehensive Plan regarding their proposed development proposal. Tom Shelley, City of Ithaca – spoke in support of Alderperson Murtagh’s Member Filed Resolution. He further urged the City to support the Environmental Bill of Rights movement. He noted that the Village of Interlaken was the first municipality to sign on. He explained that there are bills in the New York State Legislature proposing an amendment to the NYS Constitution to ensure that clean water and air are considered a fundamental right for New Yorkers. Fay Gougakis, City of Ithaca – voiced her opposition to the deployment of Lime Bikes in the City and noted that she would like to sue the City and the County for bringing a dockless bicycle system to the area. Barbara Regerspan, City of Ithaca – voiced her opposition to the expansion of the Tompkins County Airport. She is opposed to bringing in a Customs and Border Patrol function to the community. She further spoke about the community’s values, the intercity bus issues, and the amount of development happening in the City. Beth Rubin, City of Ithaca – addressed the issues and challenges occurring on Green Street as a result of the intercity bus agreements. April 3, 2019 2 PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR: Alderperson Murtagh thanked the speakers for their comments on the County’s proposed purchase of property on Tioga/Sears Street. He commented that it would be great to see affordable housing built in that area. He further addressed comments made about the intercity bus services and noted that short and long-term solutions are being developed. Alderperson Nguyen noted that he shares Ms. Gougakis’ concerns as they pertain to Lime Bikes blocking bike racks and people riding Lime Bikes on the sidewalks; however, he voiced his support for dockless bicycles systems. Alderperson Fleming thanked Ms. Regerspan for her comments, noting that she raised very important points. She feels that the airport functions well as is and more attention should be paid to a functioning bus terminal. She further stated for the record that she does not believe there is “liberty and justice for all” in the United States of America. Alderperson Kerslick also thanked Ms. Regerspan for speaking about customs and border control coming to Ithaca. He further responded to comments made about the intercity bus services, noting that City staff is working hard to address issues and explore alternative sites. Alderperson Brock thanked the speakers for their comments and responded to comments made about immigration and the customs element of the airport expansion project. She further thanked Mr. Shelley for presenting information on the New York State Environmental Bill of Rights and noted that she would be happy to work on this initiative. Alderperson Brock responded to comments made by Mr. Messing regarding increased safety precautions as it pertains to cold water emersion and personal floatation devices, noting that the City should not neglect safety when considering the privatization of youth services. Alderperson McGonigal noted that he would like to learn more about the Tompkins County Airport Expansion Project. Mayor Myrick responded to comments made by Ms. Gougakis. He confirmed that he authorized Lime Bikes to come to Ithaca upon consultation with the community and staff members and cited the advantages of dockless bicycle systems. He noted that the decision did not cost the city any money nor did require the dedication of public land, therefore, Common Council approval was not required. He acknowledged the challenges that all dockless bicycle companies and their host communities fac e and stated that the Memorandum of Understanding with Lime Bike can be renegotiated if necessary. CONSENT AGENDA ITEMS: Superintendent of Public Works: 8.1 Approval of Mahogany Grill Restaurant Alcohol Permit Request - Resolution By Alderperson Smith: Seconded by Alderperson Mohlenhoff WHEREAS, Mahogany Grill restaurant has requested permission to utilize certain areas along Aurora Street for outdoor dining; and WHEREAS, this use of public property has been deemed proper and successful, and WHEREAS, the City of Ithaca wishes to promote diverse uses of the Primary and Secondary Commons, including outdoor dining; and WHEREAS, it is Common Council's responsibility to determine whether or not to allow the serving and consumption of alcohol on the Primary and Secondary Commons; and WHEREAS, Common Council has determined that the use of this public property for outdoor dining at the Mahogany Grill Restaurant, including the responsible sale and consumption of alcohol, is desirable; and April 3, 2019 3 WHEREAS, Common Council has determined that any use of this or similar public property involving the same and consumption of alcohol should be covered by a minimum of $1,000,000 insurance under the Dram Shop Act; now, therefore be it RESOLVED, For the year 2019, Common Council hereby approves a revocable Alcoholic Beverage Permit for the outdoor sale and consumption of alcohol for the Mahogany Grill Restaurant that includes the sale of alcohol in accord with the terms and conditions set forth in application therefore, including minimum Dram Shop coverage in the amount of $1,000,000 and the approval of an outdoor dining permit. Carried Unanimously 8.2 Approval of Luna Street Food Downtown Restaurant Alcohol Permit Request - Resolution By Alderperson Smith: Seconded by Alderperson Mohlenhoff WHEREAS, Luna Street Food Downtown Restaurant has requested permission to utilize certain areas along North Aurora Street for outdoor dining; and WHEREAS, this use of public property has been deemed proper and successful; and WHEREAS, the City of Ithaca wishes to promote diverse uses of the Primary and Secondary Commons, including outdoor dining; and WHEREAS, it is Common Council's responsibility to determine whether or not to allow the serving and consumption of alcohol on the Primary and Secondary Commons, and WHEREAS, Common Council has determined that the use of this public property for outdoor dining at the Luna Street Food Downtown Restaurant, including the responsible sale and consumption of alcohol, is desirable; and WHEREAS, Common Council has determined that any use of this or similar public property involving the same and consumption of alcohol should be covered by a minimum of $1,000,000 insurance under the Dram Shop Act; now, therefore be it RESOLVED, For the year 2019, Common Council hereby approves a revocable Alcoholic Beverage Permit for the outdoor sale and consumption of alcohol for Luna Street Food Downtown Restaurant that includes the sale of alcohol in accord with the terms and conditions set forth in application therefore, including minimum Dram Shop coverage in the amount of $1,000,000 and the approval of an outdoor dining permit. Carried Unanimously 8.3 Approval of Mia Noodle Bar and Restaurant Alcohol Permit Request - Resolution By Alderperson Smith: Seconded by Alderperson Mohlenhoff WHEREAS, Mia Noodle Bar and Restaurant has requested permission to utilize certain areas along the Primary Commons for outdoor dining, and WHEREAS, this use of public property has been deemed proper and successful, and WHEREAS, the City of Ithaca wishes to promote diverse uses of the Primary and Secondary Commons, including outdoor dining, and WHEREAS, it is Common Council's responsibility to determine whether or not to allow the serving and consumption of alcohol on the Primary and Secondary Commons, and WHEREAS, Common Council has determined that the use of this public property for outdoor dining at Mia Noodle Bar and Restaurant, including the responsible sale and consumption of alcohol, is desirable, and WHEREAS, Common Council has determined that any use of this or similar public property involving the same and consumption of alcohol should be covered by a minimum of $1,000,000 insurance under the Dram Shop Act; now, therefore be it April 3, 2019 4 RESOLVED, For the year 2019, Common Council hereby approves a revocable Alcoholic Beverage Permit for the outdoor sale and consumption of alcohol for M ia Noodle Bar and Restaurant that includes the sale of alcohol in accord with the terms and conditions set forth in application therefore, including minimum Dram Shop coverage in the amount of $1,000,000 and the approval of an outdoor dining permit. Carried Unanimously 8.4 Approval of Thompson & Bleecker Restaurant_Alcohol Permit Request - Resolution By Alderperson Smith: Seconded by Alderperson Mohlenhoff WHEREAS, Thompson & Bleecker Restaurant has requested permission to utilize certain areas along the Primary Commons for outdoor dining; and WHEREAS, this use of public property has been deemed proper and successful, and WHEREAS, the City of Ithaca wishes to promote diverse uses of the Primary and Secondary Commons, including outdoor dining; and WHEREAS, it is Common Council's responsibility to determine whether or not to allow the serving and consumption of alcohol on the Primary and Secondary Commons, and WHEREAS, Common Council has determined that the use of this public property for outdoor dining at the Thompson & Bleecker Restaurant, including the responsible sale and consumption of alcohol, is desirable; and WHEREAS, Common Council has determined that any use of this or similar public property involving the same and consumption of alcohol should be covered by a minimum of $1,000,000 insurance under the Dram Shop Act; now, therefore be it RESOLVED, For the year 2019, Common Council hereby approves a revocable Alcoholic Beverage Permit for the outdoor sale and consumption of alcohol for t he Thompson & Bleecker Restaurant that includes the sale of alcohol in accord with the terms and conditions set forth in application therefore, including minimum Dram Shop coverage in the amount of $1,000,000 and the approval of an outdoor dining permit. Carried Unanimously *8.4A Woody’s Ladybugs, LLC – d/b/a Red’s Place Restaurant Alcohol Permit Request – Resolution By Alderperson Smith: Seconded by Alderperson Mohlenhoff WHEREAS, Woody’s Ladybugs, LLC – d/b/a Red’s Place Restaurant has requested permission to utilize certain areas along Aurora Street for outdoor dining; and WHEREAS, this use of public property has been deemed proper and successful; and WHEREAS, the City of Ithaca wishes to promote diverse uses of the Primary and Secondary Commons, including outdoor dining; and WHEREAS, it is Common Council's responsibility to determine whether or not to allow the serving and consumption of alcohol on the Primary and Secondary Commons; and WHEREAS, Common Council has determined that the use of this public property for outdoor dining at Woody’s Ladybugs , LLC – d/b/a Red’s Place Restaurant, including the responsible sale and consumption of alcohol, is desirable; and WHEREAS, Common Council has determined that any use of this or similar public property involving the same and consumption of alcohol should be covered by a minimum of $1,000,000 insurance under the Dram Shop Act; now, therefore be it RESOLVED, For the year 2019, Common Council hereby approves a revocable Alcoholic Beverage Permit for the outdoor sale and consumption of alcohol for Woody’s Ladybugs, LLC – d/b/a Red’s Place Restaurant that includes the sale of alcohol in accord with the terms and conditions set forth in application therefore, including April 3, 2019 5 minimum Dram Shop coverage in the amount of $1,000,000 and the approval of an outdoor dining permit. Carried Unanimously City Administration Committee: 8.5 Youth Bureau – Approval of Agreement for Printing Services with BOCES - Resolution By Alderperson Smith: Seconded by Alderperson Mohlenhoff WHEREAS, the Youth Bureau typically contracts for card and brochure printing service, and currently students of Tompkins-Seneca-Tioga Board of Cooperative Education Services (hereafter “BOCES”) help sort and pack the brochures; and WHEREAS, BOCES has a print shop, from which it can offer printing services for a reasonable cost to the City; and WHEREAS, BOCES may offer such printing services upo n the City’s entry into a memorandum of agreement under General Municipal Law 119-0, which requires each participating municipal corporation and district to approve by majority vote of its governing body; now, therefore be it RESOLVED, The Common Council approves of entering into this agreement with BOCES for printing services, and hereby authorizes the Mayor, upon consultation with the City Attorney, to execute such agreement. Carried Unanimously 8.6 Department of Public Works (DPW) - Request to Establish Capital Project for South Aurora Street Sidewalk Replacement - Resolution By Alderperson Smith: Seconded by Alderperson Mohlenhoff WHEREAS the City of Ithaca Common Council passed a resolution on November 7, 2018 allocating up to $386,583 of NYS administered Community Development Block Grants (CDBG) for the South Aurora Street Sidewalk Extension; and WHEREAS the Board of Public Works completed the Environmental Review for this project on May 15, 2018 which resulted in findings that the project will result in no significant impact on the environment and issuance of no negative declaration; and WHEREAS the Board of Public Works discussed and approved the South Aurora Street Project at the December 18, 2018 meeting; and WHEREAS the total project cost of $386,583 will be funded by the Ithaca Urban Renewal Agency (IURA) through the CDBG program; and WHEREAS, the project shall include 1200 linear feet of sidewalk construction along South Aurora Street from the City line to Hillview Place; now, therefore, be it RESOLVED, That Common Council hereby establishes Capital Project #865 South Aurora Street Sidewalk Extension in the amount not to exceed of $386,583; and, be it further RESOLVED, That funds needed for said Capital Project shall be derived from IURA funds from the CDBG Program. Carried Unanimously 8.7 Department of Public Works (DPW) – Request to Establish Capital Project for Sidewalk on Elmwood Avenue and Valley Road - Resolution By Alderperson Smith: Seconded by Alderperson Mohlenhoff WHEREAS, the 2019 Sidewalk Improvement District Assessments (SID), Budget, and Schedule of Work was approved by Common Council on 7 November 2018; and WHEREAS, part of that approved schedule of work included new sidewalk along Elmwood Avenue & Valley Road bordering Belle Sherman School; and April 3, 2019 6 WHEREAS, the estimated construction budget with financing costs is $195,000 with funding from the issuance of Serial Bonds and budgeted in SID #2; now, therefore, be it RESOLVED, That Common Council hereby establishes Capital Project #866 Sidewalks along Elmwood Avenue and Valley Road in the amount not to exceed $195,000; and, be it further RESOLVED, That funds for said project shall be derived from the issuance of Serial Bonds and funded out of SID #2; and, be it further RESOLVED, That the Superintendent of Public Works be hereby authorized to execute these contracts subject to approval by the City Attorney’s Office. Carried Unanimously 8.8 Fire Department – Amendment to Department Budget - Resolution By Alderperson Smith: Seconded by Alderperson Mohlenhoff WHEREAS, work began in February of 2019 to replace damaged carpet in the training room at Central Fire Station; and WHEREAS, during the preliminary work, asbestos-containing flooring tile was discovered under the rug; and WHEREAS, the carpet cannot be removed without damaging the asbestos tile, and therefore the asbestos tile needs to be removed before the carpet replacement can continue; and WHEREAS, funds to pay for the replacement of the damaged carpet is coming from A3410-5475, Property Maintenance; and WHEREAS, the cost of the asbestos remediation, which was not anticipated before the carpet work began, was not included in the 2019 Fire Department budget; now, therefore be it RESOLVED, That Common Council authorize the transfer of $11,000 from Account A1990 Unrestricted Contingency to account A3410-5475. Carried Unanimously PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE: 9.1 Adoption of the Greater Southside Neighborhood Plan as Part of Phase II of the City of Ithaca Comprehensive Plan – Resolution A. Declaration of Lead Agency – Resolution By Alderperson Murtagh: Seconded by Alderperson Smith WHEREAS, State Law and Section 176 -6 of the City Code require that a lead agency be established for conducting environmental review of projects in accordance with local and state environmental law; and WHEREAS, State Law specifies that, for actions governed by local environmental review, the lead agency shall be that local agency which has primary responsibility for approving and funding or carrying out the action; and WHEREAS, the proposed adoption of an amendment to the comprehensive plan is a “Type I” Action under the City of Ithaca Environmental Quality Review Ordinance, and the State Environmental Quality Review Act and is subject to environmental review; now, therefore be it RESOLVED, That the Common Council of the City of Ithaca does hereby declare itself lead agency for the environmental review of the adoption of the Greater Southside Neighborhood Plan as part of Phase II of the City of Ithaca Comprehensive Plan. Carried Unanimously April 3, 2019 7 B. Determination of Environmental Significance – Resolution By Alderperson Murtagh: Seconded by Alderperson Smith WHEREAS, the City of Ithaca is considering the adoption of the Greater Southside Neighborhood Plan as part of Phase II of the City’s Comprehensive Plan; and WHEREAS, appropriate environmental review has been conducted including the preparation of a Full Environmental Assessment Form (FEAF), dated February 20, 2019; and WHEREAS, the proposed plan has been reviewed by the Tompkins County Department of Planning and Sustainability pursuant to §239-l-m of New York State General Municipal Law, which requires that all actions within 500 feet of a County or State facility, including County and State highways, be reviewe d by the County Planning Department, and has also been distributed for review by the City of Ithaca Parks, Recreation, and Natural Resources Commission and the City of Ithaca Planning and Development Board; and WHEREAS, the proposed action is a “Type I” Action under the City Environmental Quality Review Ordinance and the State Environmental Quality Review Act; and WHEREAS, the Common Council of the City of Ithaca, acting as lead agency, has reviewed the FEAF prepared by planning staff; now, therefore be it RESOLVED, That this Common Council, as lead agency in this matter, hereby adopts as its own the findings and conclusions more fully set forth in the Full Environmental Assessment Form, dated February 20, 2019; and, be it further RESOLVED, That this Common Council, as lead agency in this matter, hereby determines that the proposed action at issue will not have a significant effect on the environment, and that further environmental review is unnecessary; and, b e it further RESOLVED, That this resolution constitutes notice of this negative declaration and that the City Clerk is hereby directed to file a copy of the same, together with any attachments, in the City Clerk’s Office, and forward the same to any other parties as required by law. Carried Unanimously C. Adoption of the Greater Southside Neighborhood Plan as Part of Phase II of the City of Ithaca Comprehensive Plan – Resolution By Alderperson Murtagh: Seconded by Alderperson Brock 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 Common Council adopted Plan Ithaca in September 2015, and the planning process then began to focus on the Phase II 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, in accordance with the City of Ithaca Municipal Code and New York State General City Law, the Planning and Development Board is responsible for preparing and recommending a new Comprehensive Plan to the Common Council for adoption; and April 3, 2019 8 WHEREAS, formed in September 2016, the Southside Neighborhood Plan Committee was composed of 15 area residents, including members of the Planning and Development Board and Common Council, and worked with City Planning staff to conduct public outreach and prepare the draft plan; and WHEREAS, the complete draft Greater Southside Neighborhood Plan was made available for public review in September 2018, and the Committee hosted community events, neighborhood meetings, and an online survey to gather comments on the draft plan; and WHEREAS, following its review of the comments, the Committee revised the draft plan to incorporate public input; and WHEREAS, at its meeting on December 19, 2018, the Southside Neighborhood Plan Committee voted to recommend the draft Greater Southside Neighborhood Plan, dated December 19, 2018, for review and consideration by the Planning and Development Board as part of Phase II of the Comprehensive Plan; and WHEREAS, the City of Ithaca Planning and Development Board reviewed the draft plan at its December 2018 and January 2019 meetings and voted unanimously on January 22, 2019 to recommend the draft Greater Southside Neighborhood Plan, dated December 19, 2018, for review and adoption by the Common Council as part of Phase II of the Comprehensive Plan; and WHEREAS, the draft plan was presented to the Planning & Economic Development Committee on February 13, 2019, and following that meeting, was circulated for additional comment; and WHEREAS, the draft Greater Southside Neighborhood Plan was submitted for review by the Tompkins County Department of Planning and Sustainability pursuant to §239 -l- m of New York State General Municipal Law, which requires that all actions within 500 feet of a county or state facility, including county and state highways, be reviewed by the County Planning Department, and was also distributed for review by the City’s boards and commissions; and WHEREAS, the adoption of the Greater Southside Neighborhood Plan as part of Phase II of the Comprehensive Plan is a Type I action, and the Common Co uncil, as lead agency, has completed environmental review and determined that the action will not have a significant impact on the environment; and WHEREAS, a public hearing for the adoption of the plan was held on March 13, 2019; and WHEREAS, the Common Council has considered the draft Greater Southside Neighborhood Plan as recommended by the Southside Neighborhood Plan Committee and the Planning and Development Board; now, therefore be it RESOLVED, That the Common Council hereby adopts the Greater Southside Neighborhood Plan, dated December 19, 2018, as part of Phase II of the Comprehensive Plan; and, be it further RESOLVED, That this Comprehensive Plan shall serve as a guide for future decisions made by Common Council, City boards and commissions, and City staff; and, be it further RESOLVED, That Common Council shall establish regular reviews and updates of the Comprehensive Plan every five years. Alderperson Murtagh described the extensive public process that this Plan went through, noting that it will serve as a model for future Phase 2 neighborhood plans. He complimented City Planner Wilson on her outstanding work. April 3, 2019 9 Alderperson Smith commented that the public outreach and neighborhood participation was impressive. Alderperson Nguyen thanked staff and residents for their time and work on this Plan. He stated that the Plan promotes housing, improvements to public spaces, and transportation improvements in the area. Alderperson Fleming expressed her thanks to the staff who wrote the Plan, noting that it was very thorough and interesting due to the historical information that was included. She stated that this would be a great template for other studies. Alderperson Mohlenhoff thanked the staff who worked for a very long time to see this Plan come to fruition. Mayor Myrick echoed her comments. A vote on the Resolution resulted as follows: Carried Unanimously 9.2 Renewal of Bus Operator Agreements to Continue Bus Operations on East Green Street - Resolution By Alderperson Murtagh: Seconded by Alderperson Nguyen WHEREAS, Section 346-31 of the City Code states that no bus shall operate, stop on or stand on any City street, nor shall such bus pick up or discharge passengers on any such City street or curb, or any other public property, or within 200 feet of any City bus stop in the corporate limits of the City of Ithaca, unless a permit is obtained from the Common Council or its designee; and WHEREAS, in September 2018, Common Council passed a resolution to allow the use of East Green Street as an intercity bus stop; and WHEREAS, staff prepared and executed agreements with the intercity operators for a 6 month trial period; and WHEREAS, the intercity bus operator agreements will expire on March 1, 201 9; and WHEREAS, staff from Planning and Public Works have been continually evaluating this program in order to determine whether this location is feasible as a long term solution for intercity bus use; and WHEREAS, staff has determined that the inclusion of an intercity bus stop is convenient for bus patrons to be able to connect to points around the City or to alternate travel modes, increased foot traffic helps to support local businesses, and on most days during the trial period there have not been significant issues and all of the buses have been able to use the street; and WHEREAS, staff also found that the inclusion of intercity buses to downtown has created some challenges, including, City crews not having the capacity to remove snow from the street and sidewalk early enough to allow for the bus stop to remain functional, intercity buses parking in the TCAT spaces, lack of rest areas for intercity passengers, drivers and passengers loading luggage on the street side of the buses, and too many on street buses during holidays and other significant travel days; and WHEREAS, staff recommends that the Common Council conditionally renew the agreement until August 31, 2019, in order to allow for a full year of consideration of this site; and WHEREAS, staff recommends that the agreement include conditions in order to ensure that the on street traffic continue to flow safely and effectively; now, therefore be it RESOLVED, That the Common Council approves the continued use of East Green Street/NYS Route 79 for intercity bus companies to include Shortline/Coach USA, NY Trailways, and Greyhound to operate transit services for an additional 6 month period, to expire on August 31, 2019, with the following conditions: April 3, 2019 10  City staff convene a meeting with bus providers to discuss necessary changes that need to be made in order to continue with Green Street intercity bus service. The bus companies will also be informed that there is no room for expansion of future service at this location so that they can make an informed decision of whether this space meets their needs now and in the future.  The City will need to paint the bus lanes on Green Street and will charge the intercity bus providers for this improvement. This will be an additional charge above the use agreement fee.  Buses will need to specify dates that will have additional buses (holidays, student arrival and departure dates) and will need to provide on street staff on these dates to direct customers to their buses, and to direct bus drivers to the appropriate locations. If the City determines that an additional Community Service Officer (CSO) needs to be assigned to this area during heavy traffic times in order to issue tickets, the City will charge the bus operators for this service. This will also be a charge above the agreement fee.  All of the bus companies will be required to provide accommodations for their passengers. This can be accomplished through an agreement with an existing facility, but they will need to show proof that they have permission to use existing facilities.  The bus permit agreement should continue to allow for revocation for failure to comply with requirements. There would be no tolerance of unloading luggage on the street side, encroaching on the bike lane, unloading from a travel lane or any other behavior deemed unsafe by the City.  If additional improvements are determined to be necessary in order to allow for traffic flow, the City will pass the costs onto the bus operators. and; be it further RESOLVED, That the Common Council will re-assess this agreement prior to August 31, 2019, in order to determine whether or not to continue to allow Green Street to be used for intercity buses. Mayor Myrick identified the need for short, mid, and long-term solutions. He suggested that a short-term solution might be to reduce the number of buses using the same space by exploring alternate sites. A mid-term solution could include on-street improvements to clarify the intended uses of the available space, and a long-term solution would be to find a permanent location for a multimodal facility. Alderperson Murtagh acknowledged that there are real challenges with the use of this site; however, residents have voiced their appreciation for having this service available downtown. Alderperson Lewis noted that Planning Division staff did the best they could with very little forewarning of the closure of West End bus station. A recent meeting with the intercity bus operators included a review of the challenges (lighting, congestion - both traffic and pedestrian), but also the advantages of having this service located next to a TCAT hub and other downtown amenities such as hotels and restaurants. The City made it clear that there is no room for bus service expansion at this site. Other ongoing issues are creating a burden on the Tompkins County Public Library and the Tompkins County Department of Mental Health. She suggested that the City explore the Seneca Street garage location for a multimodal center. Alderperson Nguyen noted that there are 2,500 Gadabout drop-offs and 5,000 taxicab drop-offs in front of the Mental Health building annually to accommodate patients, and it is important to keep those services available. Another issue has been the need for amenities for passengers of the intercity buses. Working in collaboration with the intercity bus operators, TCAT would be willing to extend the open hours of the Green Street shelter which provides restrooms, vending machines, and a staff person who is April 3, 2019 11 available for questions. From TCAT’s perspective, this initiative is working well, except for the occasional times when intercity buses stage in the TCAT space. The relocation of the temporary parking spaces from Green Street to Cayuga Street has increased the accessibility and navigability of the TCAT buses. He noted that the bus operators indicated that most of the bus companies are trying to comply with the rules; however, one company continues to create issues. Alderperson Mohlenhoff acknowledged the difficult choices that need to be made. She noted that in speaking with Transportation Engineer Hathaway, they wondered if it would be possible to capture real time video footage in order to visualize the extent of the traffic congestion. Discussion followed on how violations to the agreement are being enforced and the level of city resources being dedicated to this initiative. She shared constituent concerns regarding the very late night/early morning bust drop -offs that are disruptive to the residents living in the area. City Attorney Lavine responded that this initiative has created a staffing issue for the City from the start and the Ithaca Police Department has taken on a level of enforcement of some of the provisions of the agreements. He explained that the bus operators submitted specified bus schedules that are included in their permits; however, not all bus companies may be complying with their stated schedules. Alderperson Fleming reported that the intercity bus operators stated that most bus depots are municipally operated, and some are Federally funded. City staff has agreed to follow up on this. She further noted that this is not a city specific issue, people from all over the county use these buses. She suggested that discussions on long-term solutions include other regional parties. Alderperson Brock recognized the time and efforts given also by the DPW/Engineering staff to deal with these issues. She voiced her support for the intercity bus service being located downtown, and also acknowledged the need for other parties to be involved in exploring mid and long-term solutions. She noted that the current situation has been compounded by the fact that two large construction sites are also located in the same block, City Centre and Harold Square. These projects have impacted the availability of short-term parking and a travel lane on Green Street. Alderperson Kerslick concurred that this is a regional problem, and that this current proposal is a trial. The issue will be brought back to Common Council in August for further consideration. He inquired as to what would change between now and August. He would like to see other conditions considered in the Resolution, including discussions with the County. Mayor Myrick noted that the biggest potential change would be reducing the number of bus operators using the current site. Alderperson Lewis noted that she believes there needs to be monitoring, and ongoing discussions between now and August in order to get an accurate assessment of how things are going. She inquired about payment for staff services; and the painting of bus lanes. Further discussion followed regarding safety concerns for pedestrians including double parked buses; and the blocking of the crosswalk and the driveway to the Mental Health building. Alderperson Murtagh clarified that this Resolution is meant to address the things that need to be attended to in the short-term in order to continue operating the bus service until August. Council will need to monitor this issue to ensure that these conditions are being met. After this trial period, there will need to be direction from staff regarding whether they feel this site is workable or whether recommendations should be made for alternative sites. He echoed comments made about the need for future discussions with the City’s partners at County, State, and Federal levels. Alderperson Gearhart voiced his support for extending this trial period so that Council would have one year’s worth of data to consider. He voiced his support for the idea of video footage for data collection purposes and noted that the City would need to give the public ample warning if a location change is to be made. April 3, 2019 12 Alderperson McGonigal stated that he would support the Resolution; however, he does not think this is an appropriate space for an intercity bus stop. He noted that the Mental Health Department and the Public Library are important community resources and they are being adversely affected by this service location. He stressed the need for an off- street solution. Alderperson Brock highlighted what she believes are the next steps:  Identify staff who should meet with regional representatives including Tompkins County and New York State to explore long-term or permanent solutions and funding sources  Coordinate with the bus operators to discuss their long term and scheduling needs  Develop enforcement strategies to ensure compliance with the bus service agreements Mayor Myrick recommended that Planning Director Cornish, City Planner Kusznir, Transportation Engineer Hathaway, City Attorney Lavine, and Assistant City Attorney Flaherty be the staff members that continue to work on this issue moving forward with regional partners. Amending Resolution: By Alderperson Brock: Seconded by Alderperson Nguyen RESOLVED, That a new Resolved clause be added after the first Resolved clause to read as follows: “RESOLVED, That Common Council directs staff to meet with regional representatives to undertake the planning for a long-term solution to intercity bus services, and be it further” Carried Unanimously A vote on the Resolution as Amended resulted as follows: Carried Unanimously CITY ADMINISTRATION COMMITTEE: 10.1 Department of Public Information and Technology (PIT) Proposal to Replace the City’s Storage Area Network (SAN) - Resolution By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick WHEREAS, the Department of Public Information and Technology City’s Storage Area Network (SAN) has reached its end of life, is no longer under warranty, and is experiencing intermittent failures, increasing the likelihood of a critical system failure; and WHEREAS, the SAN runs all vital network resources including e -mail, voicemail, financial/MUNIS servers, anti-virus protections, departmental software applications, help desk functions, network printing, and network file shares; and WHEREAS, a critical system failure of the SAN would result in a massive interruption of city services and the possible loss of a significant amount of mission-critical data; and WHEREAS, PIT staff have taken, and continue to take, preventative precautions to mitigate the impacts of a critical system failure, but there are no guarantees that these measures will prove to be effective; and WHEREAS, the Department of Public Information and Technology is only able to redirect $15,000 towards the $115,000 SAN replacement costs; and WHEREAS, while Capital Project #810 Citywide Computer and Software upgrades was established in 2015 for $121,000 and has been fully expended, we can amend this project by $102,000, which includes bonding costs for the SAN replacement; now, therefore be it RESOLVED, That Common Council hereby amends Capital Project #810 Citywide Computer and Software Upgrades by $102,000 for a total authorization of $223,000; and, be it further April 3, 2019 13 RESOLVED, That funds for said SAN replacement shall be derived from an advance of $102,000 from the General Fund, with a later repayment by the issuance of s erial bonds. Carried Unanimously 10.2 Planning, Building and Development – Request for Funding for the ‘Doing Business in Ithaca’ Guide - Resolution By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick WHEREAS, the City of Ithaca Office of Economic Development, part of the Department of Planning, Building and Development, works to encourage and support business development in the City of Ithaca; and WHEREAS, the Department has identified a need to better promote the City as a place to invest and to provide better information to businesses considering locating or expanding in the City; and WHEREAS, a new economic development resource, the ‘Doing Business in Ithaca’ Guide, will promote the City as a place to start and gro w a business and will provide comprehensive information in one location on available local resources and required steps to starting or expanding a business in the City; and WHEREAS, this new resource will support the City in achieving several economic development goals articulated in “Plan Ithaca”, the City’s Comprehensive Plan, including: 1) “the city will attract and retain firms valued by the community including low- environmental-impact manufacturing, green businesses, locally-owned businesses, and businesses owned by under-represented groups”, 2) “the economic environment will retain, nurture, and grow new and existing businesses within the city”, 3) “the creation and expansion of local employment, particularly well-paying jobs, will provide opportunities for all income levels and age groups”, and 4) “a variety of businesses will diversify the economy and reduce economic dependence on a single sector”; and WHEREAS, the Department has substantially completed research and content development, including drafting narrative content for the Guide and gathering photos and testimonials from partners and city businesses, and now seeks to engage professional document design and layout services and professional printing to complete the Guide; and WHEREAS, funding does not exist in the 2019 budget of the Planning, Building and Development Department for these services; and WHEREAS, a call for quotes was recently distributed, with seven (7) qualified local designers submitting quotes ranging from $2,800 to $4,000 to design and layout the guide, and an estimate for printing from a local printer has also been obtained; and WHEREAS, funds for said Guide shall be derived from the unrestricted contingency account, which currently has a $120,000 balance; now, therefore be it RESOLVED, That $5,000 in City funding be allocated towards the ‘Doing Business in Ithaca’ Guide project; and, be it further RESOLVED, That an amount not to exceed $5,000 be transferred from Account A1990 Unrestricted Contingency to Account A8020-5435 Planning Department Contract; and, be it further RESOLVED, That the Planning, Building and Economic Development Department be authorized to enter into an agreement with a qualified designer for design and layout of the guide. April 3, 2019 14 Alderperson Mohlenhoff explained that this guide will be available in paper and online as a pdf. Alderperson McGonigal noted that he has seen a draft of the guide and he voiced hi s support for this effort. He encouraged Deputy Economic Development Director Knipe to feature blue-collar as well as higher-end businesses when a guide is developed for the Waterfront and West End areas of the City. Alderperson Murtagh commented that starting a new business is daunting and this will be a great help. He thanked Deputy Economic Development Director Knipe for his initiative on this project. A vote on the Resolution resulted as follows: Carried Unanimously 10.3 Planning, Building and Development – Request for Funding for 2019 Collegetown Beautification - Resolution By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick WHEREAS, The “2009 Collegetown Urban Plan and Conceptual Design Guidelines” were endorsed by the Common Council in August 2009 and serve as the guide for private development and public improvements in Collegetown, with the Plan emphasizing improving the pedestrian realm throughout central Collegetown and calling specifically for improved streetscapes and improved sidewalk and street furniture maintenance; and WHEREAS, the City’s Office of Economic Development, a part of the Department of Planning, Building and Development, in collaboration with the City Forester, Tompkins County Chamber of Commerce, Tompkins County Beautification Program, Tompkins County Tourism Program, Collegetown Small Business Association, and Cornell University, has identified a need to improve the aesthetics of the streetscape in the center of Collegetown with a set of low-cost near-term beautification improvements; and WHEREAS, proposals for improvements in the center of Collegetown include replacement of two worn benches on College Avenue with attractive new be nches, establishment of a new light pole banner program utilizing 18 City-owned and 7 Cornell- owned street light poles, replacement of several open trash receptacles with closed Big Belly-type trash receptacles, repair of sidewalk and tree well surfaces in collaboration with the City Sidewalk Program and tree program, and replacement of rusty bike racks with attractive community-designed public art bike racks; and WHEREAS, these improvements are expected to improve the pedestrian realm and enhance the overall neighborhood identity and sense of place; and WHEREAS, the proposed public art bike racks would be funded separately by a private donor, and any selected sidewalk improvements would be supported separately through the City’s sidewalk program; and WHEREAS, the budget for the remaining proposed improvements (light pole banner program, bench replacement, and Big Belly trash and recycling receptacles) is $19,500; and WHEREAS, funding in the amount of $14,500 has been secured from the following partners: Cornell University ($5,000), Tompkins County Tourism Program, ($5,000), and Tompkins County Chamber of Commerce signage reserve ($4,500); and WHEREAS, the City’s matching share towards implementation of these improvements is $5,000; and WHEREAS, funds for said City match shall be derived from the unrestricted contingency account which currently has a $115,000 balance; now, therefore be it April 3, 2019 15 RESOLVED, That $5,000 in 2019 City funding be allocated to a City Collegetown Beautification Fund in support of the proposed improvements; and, be it further RESOLVED, That an amount not to exceed $5,000 be transferred from Account A1990 Unrestricted Contingency to Account A8020-5435 Planning Department Contracts. Alderperson Mohlenhoff explained that this Resolution had broad support at the City Administration Committee meeting as the funding will be derived from combined sources. Alderperson Smith stated that Deputy Economic Development Director Knipe has done a great job at reaching out to the Collegetown community, and noted that these improvements are well overdue. Alderperson Kerslick expressed his thanks to Marty Johnson for his assistance with the Collegetown business community. Mayor Myrick stated that this is a brilliant move and hopefully is only the beginning of investments being made in Collegetown. Alderperson Brock inquired about the status of the Unrestricted Contingency Account. City Controller Thayer responded that the balance would be $99,000 after tonight. A vote on the Resolution resulted as follows: Carried Unanimously 10.4 Planning, Building and Development - Request from The Ithaca Farmers Market Board of Directors to the City of Ithaca Common Council to Act as the Sponsor for a Consolidated Funding Application for Improvements to Vehicular and Pedestrian Access and Circulation at the Farmers Market Site - Resolution By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick WHEREAS, The Ithaca Farmer’s (IFM) Market Board of Directors has been working with its members and customers to envision a vibrant and successful Farmer’s Market that will allow them to grow, better serve their customers, and provide opportunity for economic success for their vendor members; and WHEREAS, as part of their visioning process, the IFM Board of Directors undertook a feasibility study in 2017 to investigate the issues related to traffic circulation, parking, and pedestrian amenities; and WHEREAS, concerns expressed by vendors and visitors focused on the amount of available parking; the awkward vehicular circulation due to long rows of parking and vegetated berms; the lack of dedicated sidewalks for pedestrians; and gravel paving that is often muddy and full of pot holes, is not ADA compliant, and has a lack of accommodations for shuttles and buses; and WHEREAS, The IFM is seeking to renovate the parking lot with improvements which will include: accommodating ADA accessibility, better overall pedestrian access, and a reconfiguration of automobile parking with appropriate surfacing and green amenities; and WHEREAS, much of the funding distributed by the State of New York happens through the Consolidated Funding Application; and WHEREAS, the program most likely to fund this project is the New York State Department of State, Local Waterfront Revitalization Program (LWRP) implementation grant, which funds a variety of capital improvements along New York State’s designated waterways; and WHEREAS, this program is not open to private entities, but since the City of Ithaca owns the land upon which the pavilion and parking lot are located, the City could act as applicant on behalf of the IFM; and April 3, 2019 16 WHEREAS, the IFM intends to seek funding for Engineering/Design, renovation of the parking lot, and administrative/project management costs; now, therefore be it RESOLVED, That the City of Ithaca agrees to act as sponsor for the project for purposes of the grant application; and, be it further RESOLVED, That the IFM is not seeking any financial support from the City and will provide funding to cover all costs associated with preparation of the grant application. Discussion followed on the floor regarding competing grant applications and the consolidated grant funding initiative in New York State. It was noted that this is not an issue for the City as there are still many State funding sources available to draw funding from. Alderperson McGonigal highlighted issues with stormwater runoff near the water and the impact that paving the parking lot at the Farmers Market could have. He noted that gravel parking lots can be maintained very well and would not result in stormwater runoff. He urged the Farmers Market to explore other alternatives. Alderperson Lewis stated that she would also like to see improvements to bicycle parking in the area. Alderperson Mohlenhoff noted that this action simply allows the Farmers Market to collect the information and materials needed to submit the grant. There will be other opportunities to discuss project amenities such as bus, bicycle, and pedestrian access. Michelle Palmer, the consultant working with Farmers Market on the grant application, affirmed that promoting all forms of transportation are important to the Farmers Market. Discussion followed on the floor regarding parking area surfaces and porous options that will mitigate stormwater runoff. Any identified solution will need to comply with local and state stormwater regulations. A vote on the Resolution resulted as follows: Carried Unanimously 10.5 An Ordinance to Amend Provisions of City of Ithaca Municipal Code Chapter 181 Entitled “Fire Prevention” By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick WHEREAS, the Fire Department and City Prosecutor have identified various updates to portions of the City of Ithaca Municipal Code Chapter 181, entitled “Fire Prevention” to clarify existing code provisions and improve enforcement; now, therefore ORDINANCE 2019- ____ 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. Fire prevention is a priority of the City. B. Clarifying and updating the code provisions pertaining to fire prevention will better inform the public of the City’s requirements and improve enforcement of these requirements. C. Therefore, the Common Council intends for this ordinance to implement these changes for greater clarity about the requirements and to improve enforcement thereof. April 3, 2019 17 Section 2. Amendment of Section 181-2, entitled “Damage to fire apparatus prohibited”, to create a new section entitled “Fire Department Access.” The City of Ithaca Municipal Code shall be amended so as to delete this section in its entirety, and replaced with the following section, newly entitled “Fire Department Access”: 181-2 Fire Department Access A) It shall be unlawful to interfere with, attempt to interfere with, conspire to interfere with, obstruct or restrict the mobility of or block the path of travel of a fire department emergency vehicle in any way, or to interfere with, attempt to interfere with, conspire to interfere with, obstruct or hamper any fire department operation. B) Fire Lanes. Designated fire lanes, shall not be obstructed in any manner, including the parking or standing of vehicles, on private or public property. C) The fire department shall not be deterred or hindered from gaining immediate access to fire protection equipment or fire hydrants. A 3-foot (914mm) clear space shall be maintained around the circumference of fire hydrants, except as otherwise required or approved. Unobstructed access to fire hydrants shall be maintained at all times. D) Violations of the provisions of the Fire Department Access section of this Code shall be punishable by a fine of $50 for the first offense, $100 for the second offense, and $150 for subsequent offenses. Section 3. Amendment of Section 181-3, Fire Alarms. The City of Ithaca Municipal Code shall be amended so as to delete subsections (a) and (c) in their entirety, and re-letter accordingly, as follows: A. Tampering prohibited. No person shall meddle or in any manner touch or interfere with the fire alarm wires or boxes of the City, except on proper occasion to give an alarm of fire; nor shall any person place any obstruction or suffer or permit any pole, tree, building or other obstruction to fall upon or against any fire alarm box or wire in the City. B. A. Construction/maintenance activities. No person, who will perform maintenance, construction, cleaning, or other such activities which are likely to activate a fire detection or fire suppression system device in a building protected by a fire detection or suppression system, shall initiate any such activities until such time as they have determined that the fire detection or fire suppression system has been properly protected against inadvertent activation of such system. Protective measures include, but are not limited to, device and/or zone isolation, or system isolation. When any question exists as to whether or not such system has been properly isolated, the Fire Department shall be consulted prior to any such work commencing. C. Fees for master box connections to municipal fire alarm system. 1) An annual fee shall be assessed to each premises which has a master fire alarm box which interconnects the building fire alarm system with the municipal fire alarm system. This fee shall be the reasonable and expected costs associated with the maintenance of the municipal fire alarm system, as developed through the program budget accounting system. This cost will be divided by the number of master fire alarm boxes connected to the system, as documented by the Fire Chief. The fee for a master box connection shall be calculated each year and approved by the Fire Chief. Upon approval, the Fire Chief shall send notices of such charge and the locations of each master box to the City Chamberlain, but not sooner than March 1 of each year. 2) The property owner shall be billed for the annual fee as established in Subsection C(1) above. This fee shall be paid to the City Chamberlain within 30 days of the billing date. If the required fee is not paid within 30 days of the billing date, the City Chamberlain shall enter the same April 3, 2019 18 as a lien against the premises as provided in § C-54 of the Charter of the City of Ithaca. The Chamberlain shall add the same to the next assessment roll of general City taxes and shall collect and enforce the assessment in the same manner and by the same proceedings, at the same time and with the same penalty as the general City tax and as part thereof, except that, in addition to the penalties provided for in the aforementioned provisions, interest shall accrue from the date of billing to the date of actual payment at 12% per annum or $3 per month, whichever is greater. Section 4. Amendment of Section 181-7, entitled “Code Enforcement Official; inspectors” The City of Ithaca Municipal Code shall be amended as follows, and to add a new subsection C as follows: A. Enforcement. Pursuant to part 381 of the New York Executive Law, the City of Ithaca shall be the entity responsible for enforcement of the New York State Un iform Fire Prevention and Building Code (the Uniform Code) within the City of Ithaca. This article provides for the enforcement and administration of the International Fire Code and the International Property Maintenance Code, incorporated by reference in 19 NYCRR Part 1225.1. B. Code enforcement official. The Chief of the Fire Department or the Chief’s designee shall be considered the code enforcement official for the International Fire Code and International Property Maintenance Code within the City of Ithaca. C. It shall be a violation of this section of the Ithaca City Code to violate any provision of the International Fire Code or the International Property Maintenance Code referenced in 19 NYCRR Part 1225.1. Section 5. Amendment of Section 181-9 (E)(4) entitled “Operating permits for certain uses and materials; fees” The provisions of subsections (E)(4) and (E)(8) of the City of Ithaca Municipal Code Section 181-9 shall be amended as follows, with all other provisions contained in this section remaining in their current form: Section 5A: (4) Hazardous materials. (a) An operating permit shall be required for the manufacturing, storing or handling of hazardous materials in quantities exceeding those listed in Table 2703.1.1(1), 2703.1.1(2), 2703.1.1(3) or 2703.1.1(4) in the publication entitled "Fire Code of New York State" the Tables contained in 5003.1.1 (1), (2), (3) or (4) of the International Fire Code, incorporated by reference in 19 NYCRR Part 1225.1. Section 5B: (8) Welding or cutting Hot Work, acetylene generators, calcium carbide and acetylene cylinder charging plants. (a) Operating permit required for welding or cutting hot work. This includes operations such as cutting, welding, thermal welding, brazing, soldering, grinding, thermal spraying, thawing pipe, installation of torch-applied roof systems or any other similar activity. 1) An operating permit shall be required of each company, corporation, co partnership or owner/operator performing welding or cutting hot work operations, except as provided by the provisions of § 325-3 below in 8(a)(2). This permit shall not be required for each welding or cutting hot work job location. The company, corporation, co partnership or owner/operator shall notify the Fire Chief or the Fire Marshal in April 3, 2019 19 advance where such work is done in response to an emergency call that does not allow time to issue the necessary permit. 2) An operating permit shall not be required of any compa ny, corporation, co partnership or owner/operator: (a) Where the welding or cutting hot work is performed in areas approved for the purpose; or (b) Having an approved permit system established for control of the fire hazards involved. Section 6. Severability clause. Severability is intended throughout and within the provisions of this ordinance. If any section, subsection, sentence, clause, phrase, or portion of this ordinance 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 ordinance. Section 7. Effective date. This ordinance shall take effect immediately upon publication as provided in the City Charter. Carried Unanimously 10.6 Human Resources - Amendments to Fringe Benefits for Managerial Personnel - Resolution By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick WHEREAS, managerial positions are typically filled by individuals who have years of experience; and WHEREAS, employees newly hired into managerial positions start out with no leave time and accrue leave time at a rate of ten (10) hours per month, or three weeks per year, for the first two years; and WHEREAS, concerns have been raised as to whether the City will continue to attract the quality talent desired, with the proven experience expected, from organizations where these individuals have achieved a higher rate of leave time; and WHEREAS, recent managerial hires have had to take time off without pay due to pre- offer vacation commitments; and WHEREAS, the Director of Human Resources was asked to make a recommendation to address the above issues and has determined that an initial credit of two weeks, upon hire, would address the leave time comparability for someone leaving a position, and would allow for new hires to honor prior commitments without penalty; now therefore be it RESOLVED, That Common Council approves the amendments included herewith, effective retroactively to all managerial employees hired since January 1, 2018. Alderperson McGonigal stated that he supported this item in committee but can’t support it now as this is a benefit that other City employees are not eligible for. He noted that management staff are the best compensated people in organization. Mayor Myrick disagreed, stating that the uniform services (police and fire) are the best compensated people in organization and explained that other bargaining units have benefits that management staff does not receive. He further noted that most people in line for management positions have accrued significant leave time. It is hard to hire people at this level when they would not have any leave time to use for an extended period. Alderperson Gearhart thanked Human Resources Director Michell-Nunn for her work on this issue. April 3, 2019 20 A vote on the Resolution resulted as follows: Ayes (9) Brock, Nguyen, Murtagh, Gearhart, Fleming, Smith, Kerslick, Mohlenhoff, Lewis Nays (1) McGonigal Carried 10.7 City Controller’s Report: City Controller Thayer reported on the following: The New York State budget has been adopted. The Governor has proposed no changes to CHIPS funding or State Aid to Municipalities. The City currently receives $2.6 million in State Aid. The addition of an Internet sales tax may increase sales tax revenues for the City. The property tax cap has been made permanent (2% or CPI, whichever is less). Certain Affordable Care Act provisions have now been codified into law. A ban on plastic bags has been approved which will start in March 2020. Cities can opt in to a program to assess a fee for the use of paper bags; however, the proceeds can only be used to develop programs that urge the use of reusable bags.  2019 Sales tax – $14.9 million was budgeted – collections indicate that the City is .5% ahead of 2018 figures  CPI for the City is 1.6%  Overtime – $1.2 million was budgeted – $450,000 has been spent  Building permits – $1.3 million was budgeted – $200,000 has been collected  Parking Revenues - $2.7 million was budgeted – $686,000 has been collected  Parking Expenses - $3.9 million was budgeted – $2 million has been spent including debt expenses.  2018 Activity is being completed. It looks as though the City will close with a $300,000 positive result. This work is expected to be finished by the end April.  Approximately 68% of $110,000 salt budget has been expended Alderperson Mohlenhoff announced that the 2020 budget meeting dates are being set. There will be a special presentation on proposed capital projects in September. Other special presentations will occur in June and August. Discussion followed on the floor regarding the use of Outlook calendars for budget meeting scheduling purposes. INDIVIDUAL MEMBER – FILED RESOLUTIONS: 13.1 Alderperson Murtagh - Recommendation to Tompkins County to Restore Housing at 111-119 Sears Street - Resolution By Alderperson Murtagh: Seconded by Alderperson Nguyen WHEREAS, Tompkins County has identified a need to consolidate several offices into a single location to maximize efficiencies and minimize lease payments; and WHEREAS, properties located at 408, 412, and 414 N. Tioga Street and 111, 113, 117, and 119 Sears Street are all available for sale by a single owner; and WHEREAS, Tompkins County has entered into a purchase option agreement for the above-listed properties; and WHEREAS, 412 – 414 Tioga Street office building is in the CSU zone and is a legal non-conforming use due to area deficiencies; and WHEREAS, 111, 113, 117, and 119 Sears Street, formally consolidated with the Tioga Street properties, is in a separate zoning district, R-2b, which allows only residential use and does not allow office parking as a permitted use; and WHEREAS, 408 Tioga Street is a contributing property in the Dewitt Park Historic District; and April 3, 2019 21 WHEREAS, the City of Ithaca’s Comprehensive Plan, Plan Ithaca, identifies these properties on the Future Land Use Map1 as medium density residential “opportunities for infill development on vacant or underutilized sites. Such development should be sensitive to the character and setting of the existing neighborhood”2; and WHEREAS, as stated in Plan Ithaca, “the City recognizes the need to increase the supply of high-quality, safe, and accessible housing that is afford-able to both renters and homebuyers across all income levels, with particular attention to those with low, moderate, or middle incomes.”3; and WHEREAS, while not envisioned in the City’s Comprehensive Plan, the redevelopment of 412, 413, and 414 N. Tioga Street offers an opportunity for the County to consolidate several of their offices into one location; and WHEREAS, the 2017 Tompkins County Housing Strategy identified a target for 500 new housing units per year to meet needs of the workforce earning up to 100% of the Area Median Income; and WHEREAS, production of such housing is falling far below the target need; and WHEREAS, redevelopment of the project site creates an opportunity for Tompkins County to directly advance its Housing Strategy by incorporating affordable residential use along Sears Street in their office consolidation project; and WHEREAS, it has long been the City vision for the Sears Street properties to be returned to residential use should an opportunity arise; now therefore be it RESOLVED, That the City of Ithaca Common Council strongly recommends that the County honor the City’s Comprehensive Plan and respect the character of the neighborhood by dedicating the entire Sears Street frontage of the County’s proposed office consolidation project site for affordable residential use; and, be it further RESOLVED, That this resolution be sent to each member of the Tompkins County Legislature and the County Administrator. Alderperson Lewis thanked Alderperson Murtagh for his work on this Resolution. Alderperson McGonigal noted that many County legislators were supportive of the request, but not all. He noted that parking is important to the County, and questions arose regarding what the City would be doing to support affordable housing in the area. The County would like to have free, short-term parking spaces available on Tioga Street for constituent use. Alderperson Kerslick thanked Alderperson Murtagh for pulling this together, listening to residents, and reaching out to the County. He noted that development like this is not part of the City’s Comprehensive Plan and he would be very disappointed if County moved forward with their plans without listening to concerns that have been expressed. Alderperson Lewis noted that County Administrator Jason Molino attended the Planning & Economic Development Committee meeting to review the variety of plans being considered. Some of the plans included creative solutions to parking. Alderperson Murtagh thanked Planning Director Cornish and Community Development Director Bohn for their work and great teamwork on this Resolution. He stated that the Tompkins County Legislature would be voting on this issue on April 16, 2019. The City’s goal is to return Sears Street to a residential street. 1 Plan Ithaca, Page 35 2 Plan Ithaca, Page 37, Future Land use Categories, Residential, Medium Density 3 Plan Ithaca, Page 73, Housing April 3, 2019 22 Mayor Myrick expressed his thanks to Alderperson Murtagh and the Planning & Economic Development Committee for the time they spent working on this issue. A vote on the Resolution resulted as follows: Carried Unanimously 13.2 Alderperson Mohlenhoff - Funding for Pilot Program to Provide Child Care at City Meetings - Resolution By Alderperson Mohlenhoff: Seconded by Alderperson Gearhart WHEREAS, the Common Council of the City of Ithaca values citizen feedback and participation at public meetings; and WHEREAS, Common Council recognizes that some members of the public are unable to attend meetings due to the demands of caring for young children; and WHEREAS, the 2019 City of Ithaca budget includes $5,000 to pilot a program to provide child care at some public meetings; and WHEREAS, the local Child Development Council provided input about best practices for providing drop-in child care; and WHEREAS, the Greater Ithaca Activities Center (GIAC) has experience providing child care at meetings by employing teens overseen by GIAC staff; and WHEREAS, employing teens to provide child care provides valuable work experience to our community’s young people; and WHEREAS, the money budgeted for 2019 appears sufficient to provide child care at five meetings per month for the remainder of the year; now, therefore be it RESOLVED, That GIAC will begin providing free child care at the monthly meetings of Common Council and monthly meetings of the four commissions, starting no later than May 2019; and, be it further RESOLVED, That Common Council hereby transfer $5,000 from Account A1990 Restricted Contingency to the following accounts for the purpose of funding child care at City meetings for 2019: A7311-5120-1158 GIAC Salary Part-Time $2,500 A7311-5435-1158 GIAC Contracts $2,500 Alderperson Mohlenhoff shared the history of this initiative, explaining that some of the people serving on the City’s new commissions have had difficulty with childcare and it has become an obstacle to their participation. GIAC provides a drop-in child care service for large community events, which made the implementation of this program easier than initially thought. She noted that this is a great opportunity to provide consistent work for teens. The child care service is free and open to members of the public as well as people serving on Common Council and the Commissions. It will be located in second floor conference room of City Hall. Discussion followed on the floor regarding the amenities that will be provided to the children, the expectations of parents, and how the program will be promoted to the community. Mayor Myrick commented that this is a great program that will help people get more involved civically. He noted that city staff who need to attend night meetings could utilize this service as well. He thanked Alderperson Mohlenhoff for working on this program. Human Resources Director Michell-Nunn noted that the program would need to stay in place for a while, so it has a chance to grow. April 3, 2019 23 Alderperson Lewis expressed her thanks to Alderperson Mohlenhoff and Deputy GIAC Director Brooks for pulling this program together. A vote on the Resolution resulted as follows: Carried Unanimously 13.3 Alderperson Nguyen - Resolution Condemning Violence and Hate Speech By Alderperson Nguyen: Seconded by Alderperson Fleming WHEREAS, the City of Ithaca’s Diversity Statement de clares that “we will strive to learn about diversity; educate city employees, members of boards and committees and other volunteers; and promote acceptance of the differences of others within our workforce and our community”; and WHEREAS, white supremacists in the United States continue to promote bigotry and hatred, targeting traditionally persecuted peoples, including but not limited African Americans, Latinx people, Indigenous people, Asian Americans, Pacific Islanders and other people of color, Jews, Muslims, Hindus, Sikhs, LGBTQA persons, and immigrants; and WHEREAS, in 2017 the Federal Bureau of Investigation reported a 37 percent increase in hate crimes against Jews or Jewish institutions and found that attacks against Jews or Jewish institutions made up 58.1 percent of all religious-based hate crimes; and WHEREAS, on October 27, 2018, the perpetrator of the deadliest attack on Jewish people in the history of the United States killed 11 worshippers at the Tree of Life Synagogue building in Pittsburgh; and WHEREAS, the Federal Bureau of Investigation reported that hate crimes against Muslims or Muslim institutions in the United States increased by over 99 percent between 2014 and 2016; and WHEREAS, in 2017, mosques were bombed in Bloomington, Minnesota and burned in Austin, Texas, Victoria, Texas, Bellevue, Washington, and Thonotosassa, Florida, and mass attacks on Muslim communities were planned against communities in Jacksonville, Florida in 2017, Garden City, Kansas in 2016, and Islamberg, N ew York in 2015 and 2019; and WHEREAS, on March 15, 2019 a white nationalist murdered 50 worshippers at two mosques in Christchurch, New Zealand in the deadliest mass shooting that country has ever seen; and WHEREAS, watchdog groups have observed a sharp rise in anti -Muslim hate crimes following the New Zealand massacre, including those that reference the attack; now, therefore be it RESOLVED, That Common Council will continue to advocate for strong gun safe ty laws in New York State and the United States; and, be it further RESOLVED, That the Common Council condemns acts and statements that are anti - Muslim, anti-Semitic, racist, sexist, and of any form of bigotry; and, be it further RESOLVED, That Common Council commits to pursuing a policy agenda that affirms civil and human rights, and ensures that those targeted on the basis of race, sex, religion, sexual orientation, gender identity, ethnicity, or immigration status can turn to government without fear of recrimination; and, be it further RESOLVED, That the City of Ithaca calls upon its state and national leaders to set an example of rationality, compassion, and nonviolence through their words and actions. Alderperson Nguyen noted that this Resolution was initiated by a constituent who attended a vigil in Lansing for the New Zealand massacre. They noted that a statement like this would be welcomed and appreciated by the Muslim community that has been April 3, 2019 24 feeling targeted and unsafe. He noted that there has also been a rise in anti-Semitic hate speech and crime. He thanked Alderpersons Lewis and Fleming for their assistance in drafting this statement. Alderperson Lewis thanked Alderperson Nguyen for bringing this statement forward, noting that it is important for Common Council to make a statement like this especially on the 10th anniversary of the mass shooting at the American Civic Association in Binghamton. She commented that thoughts and prayers aren’t enough. Alderperson Smith and Mayor Myrick noted that is important to call out white nationalism and white supremacy as it is gaining traction in this country and across the world. A vote on the Resolution resulted as follows: Carried Unanimously MAYOR’S APPOINTMENTS: 14.1 Appointment/Re-Appointment to Examining Board of Plumbers – Resolution By Alderperson Mohlenhoff: Seconded by Alderperson Brock RESOLVED, That Marcus Williamee be appointed to the Examining Board of Plumbers to fill a vacancy with a term to expire December 31, 2021; and, be it further RESOLVED, That David Warden be reappointed to the Examining Board of Plumbers with a term to expire December 31, 2019. Carried Unanimously REPORTS OF COMMON COUNCIL LIAISONS: Alderperson Fleming reported that she distributed her report from the Tompkins County Council of Governments (TCCOG) via e-mail. Alderperson McGonigal reported that he also sent reports via e-mail for the Board of Public Works and the Tompkins County Legislature. REPORT OF CITY CLERK: City Clerk Conley Holcomb reported that the Streets & Facilities Division has started their annual street cleaning operations and she urged Council members to share th is information with constituents in order to reduce the number of vehicles towed. Alderperson Lewis announced that the official launch of the Alliance of Families for Justice: Gino Bush Fellowship will be held on April 11, 2019 from 6-7:30PM at the Multicultural Resource Center. Alderperson Brock reported that two of the three engines of the Watco trains have been converted to electric and are no longer idling in temperatures below 40 degrees Fahrenheit. The third engine should be converted to electric by next winter. REPORT OF CITY ATTORNEY: City Attorney Lavine reported that the group working on the potential c o-locating of the Ithaca Police Department with the Tompkins County Sheriff’s Office road patrol is making good headway. He anticipates that the group will have a recommended site identified for consideration by Common Council and the Tompkins County Legislature soon. A joint meeting between the City and the County could be set up as early as next month to discuss options. MINUTES FROM PREVIOUS MEETINGS: 18.1 Approval of the March 6, 2019 Common Council Meeting Minutes – Resolution By Alderperson Kerslick: Seconded by Alderperson Brock RESOLVED, That the minutes of the March 6, 2019 Common Council Meeting be approved as published. Carried Unanimously April 3, 2019 25 Motion to Enter into Executive Session By Alderperson Kerslick: Seconded by Alderperson Brock RESOLVED, That Common Council enter into Executive Session to discuss pending litigation. Carried Unanimously RECONVENE: Common Council reconvened into Regular Session with no formal action taken. ADJOURNMENT: On a motion the meeting adjourned at 9:15 p.m. ______________________________ _______________________________ Julie Conley Holcomb, CMC Svante L. Myrick City Clerk Mayor