HomeMy WebLinkAboutMN-CC-2014-08-06Regular Meeting
PRESENT:
Mayor Myrick
Alderpersons (10)
COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
6:00 p.m.
August 6, 2014
Brock, McGonigal, Murtagh, Clairborne, McCollister, Fleming,
Smith, Kerslick, Martell, Mohlenhoff
OTHERS PRESENT:
City Clerk – Conley Holcomb
City Attorney – Lavine
Chief of Staff - Sutherland
Deputy City Controller – Andrew
Community Development Director – Bohn
Deputy Community Development Director – Truame
City Chamberlain - Parsons
PLEDGE OF ALLEGIANCE:
Mayor Myrick led all present in the Pledge of Allegiance to the American Flag.
ADDITIONS TO OR DELETIONS FROM THE AGENDA:
City Administration Committee:
Alderperson Mohlenhoff requested the addition of a new Item 9.2 Request to Amend
Chamberlain's Office Budget. The rest of the items will be renumbered accordingly.
No Council member objected.
Individual Member Filed Resolutions:
Alderperson Murtagh requested the addition of Item 13.2 Designation of NEPA
Certifying Officer — Resolution.
No Council member objected.
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
The following people addressed Common Council on the following topics:
Frank Proto, Water Resources Council, addressed Council regarding the Stormwater
Utility legislation. He noted that there was no involvement in the drafting of the
legislation by the Water Resources Council (WRC). He explained that the WRC has an
educational and outreach committee that can help educate the public on the issues
surrounding stormwater.
Carl Humphrey reported that he recently protested panhandling by holding a sign that
stated "Down with Panhandlers - most are frauds." He described the support he
received from members of the public and will submit a 30 -day report of his experience.
He further stated that he was collecting feedback from across the country and will share
the suggestions and ideas he receives.
Joel Harlan, Town of Newfield, discussed the accident history of the intersection of East
State St /Martin Luther King, Jr. St and Aurora Street. He further commented on the
issue of pan handlers.
John Graves, City of Ithaca, President of the South Hill Civic Association, expressed his
concerns about the use of Sidewalk Improvement District 4 funds. He noted that the
funds should be distributed in a way that helps the neighborhoods and facilitates the
movement of students instead of the Old Elmira Road project. He voiced his
disappointment with the public outreach efforts related to this plan noting that it was
counter to the participatory nature of the law. He urged Council to remove the sidewalk
funds from this project.
August 6, 2014
Fay Gougakis, City of Ithaca, expressed her concerns regarding unsafe motorist
behaviors and the increase in crime in the community. She reported that bicycle thefts
are at an all -time high. She reiterated her request that the City hold a community forum
on safety issues.
Chris Bordlemay, Cornell University Manager of Water & Wastewater Systems stated
that Cornell was not opposed to the Stormwater Utility Legislation; however, he
requested that the program be re- evaluated and noted that citizen engagement must be
included. He requested that the current legislation be amended to increase the credit
rates. He further noted inconsistencies in the method of calculations such as streets
and sidewalks were included in Cornell's impervious surfaces but not for the rest of the
City.
Michael Culotta, member of the Conservation Advisory Council but only representing
himself, voiced concerns regarding the Stormwater Utility Proposal. He stated that the
City has an opportunity to set an example for other municipalities by
encouraging /supporting stormwater mitigations.
PRIVILEGE OF THE FLOOR — COMMON COUNCIL AND THE MAYOR:
Mayor Myrick responded to comments made regarding the Stormwater Utility
Legislation. He further thanked Ms. Gougakis for her comments regarding bicycle
safety.
Alderperson Murtagh also thanked Ms. Gougakis for her comments regarding bicycle
safety and asked about the results of the "zero tolerance" detail the police department
ran for texting and driving and inquired as to when it might be conducted again.
Alderperson McCollister noted that this would be a great time to run a zero tolerance
detail for texting and driving as the students are returning. She suggested that the
Ithaca Police Department partner with the Cornell Police Department and Ithaca College
Safety Division.
Alderperson Mohlenhoff responded to comments made regarding panhandling, noting
that the City Attorney's Office is conducting research into the legality of several
suggestions.
Alderperson McGonigal thanked all the speakers for sharing their thoughts on the
Stormwater Utility Legislation, including the comments submitted by former Mayor
Peterson. He recommended that the Task Force be expanded to include other parties
such as Cornell University, the Conservation Advisory Council, and the Water
Resources Council, etc.
Alderperson Brock thanked the speakers for coming out to the meeting and thanked the
City Administration Committee for their work on the panhandling issue. She further
stated that broad assumptions should not be drawn about the people who are
panhandling.
CONSENT AGENDA ITEMS:
City Administration Committee:
8.1 DPW - Request Funding for Engineering Services Agreement for
Amendment No. 1 for Design of Bar Screen and Bio- Solids Dewatering Equipment
and other Miscellaneous Improvements to the Influent Building at the Wastewater
Treatment Facility - Resolution
By Alderperson McCollister: Seconded by Alderperson Smith
WHEREAS, the Ithaca Area Wastewater Treatment Facility (WTTF) is in need of certain
Capital Improvements, and
WHEREAS, GHD Engineers completed an Engineering Report entitled "Ithaca Area
WWTF Influent Building and Dewatering System Improvements Study" as the final
project funded by Capital Project #416J, and
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WHEREAS, in order for the staff to maintain its goals as embodied in its five -year
capital plan, this agreement provides engineering services for the next set of proposed
capital improvements, and
WHEREAS, the authorization for an amount not to exceed $274,000 for GHD Engineers
to design the improvements to the Influent Building, including replacement of the bar
screen equipment and the addition of a new bio- solids dewatering system as identified
in the aforementioned engineering study, and
WHEREAS, the Special Joint Sewer Committee (SJSC) approved said professional
services contract with GHD Engineers at its meeting of October 9, 2013, contingent on
fund availability and attorney approval of the agreement, and
WHEREAS, the funding supplied by this resolution will be placed in the account for
Capital Project #419J, and
WHEREAS, GHD Engineers has submitted a proposal entitled "Amendment No. 1 for
services to complete the design including additional design work associated with HVAC
in the influent building, provide bid review services and provide construction services
totaling $137,500 "; now, therefore be it
RESOLVED, That Common Council hereby amends Capital Project #419J by an
amount not to exceed $137,500 for a total Project Authorization of $411,500 to fund the
proposed agreement with GHD Engineers, and be it further
RESOLVED, That funds necessary for said amendment shall be derived from either the
issuance of Bonds or from Capital Reserve J -1 as determined by the City Controller,
and be it further
RESOLVED, That Common Council hereby recommends the 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 $78,567.50
Town of Ithaca 40.88 56,210.00
Town of Dryden 1.98 2,722.50
$ 137,500.00
Carried Unanimously
8.2 DPW — Reauest to Amend the 2014 DPW Budaet for New York State Electric
and Gas (NYSEG) Court Street Project Work - Resolution
By Alderperson McCollister: Seconded by Alderperson Smith
WHEREAS, New York State Electric and Gas (NYSEG) has reimbursed the City for
street work on North Plain, Esty, and Court Streets and in the amount of $186,440, and
WHEREAS, the City needs to account for this reimbursement by amending the 2014
DPW Budget for Maintenance of Roads, and
WHEREAS, the project included street, sidewalk, curb and tree lawn improvements on
North Plain, Esty, and Court Streets; now, therefore, be it
RESOLVED, That Common Council hereby amends the 2014 DPW Authorized Budget
for the purposes of accounting for the NYSEG reimbursement of $186,440 for work on
North Plain, Esty, and Court Streets as follows:
Increase Revenue Account:
A5111 -1710 Maintenance $186,440
Increase Appropriation Accounts:
A5111 -5483 Maintenance of Roads Construction Services$167,140
A7111 -5485 Parks & Forestry Trees 19,300
Carried Unanimously
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CITY ADMINISTRATION COMMITTEE:
9.1 A Local Law Entitled the "City of Ithaca Local Law Authorizing the Creation
of a Stormwater Utility and the Establishment of a Stormwater User Fee"
By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick
WHEREAS, the City's underlying geography, including the presence of Cayuga Lake,
streams, and inlets, and its location at the base of many hills that send runoff into the
City, makes stormwater management both especially important and difficult, and
WHEREAS, flood control, including issues such as the ice jams of last winter and the
Flood Control Channel dredging that the City has been pursuing for years, is a question
of stormwater management, and
WHEREAS, in the 2014 National Climate Assessment, the United States Global
Change Research Program stated that the Northeast region of the United States is
experiencing increased precipitation as a result of climate change, including "more than
a 70% increase in the amount of precipitation falling in very heavy events" over the last
fifty years, "a greater recent increase in extreme precipitation than any other region in
the United States," and
WHEREAS, each year, the City spends the better part of a million dollars on
stormwater - related expenses, such as construction and maintenance of storm sewers
and channeled streams, environmental management, and regulatory compliance, and
WHEREAS, the City is subject to federal and state stormwater regulations as a small
municipal separate stormwater sewer system, and enacted a Local Law in 2007 "to
establish minimum stormwater management requirements and controls to protect,
maintain, and enhance the health, safety and general welfare of the citizens of the City
and its natural environment" as required by such regulations, constituting an unfunded
mandate, but did not address program funding in such law; and
WHEREAS, the funding for the City's stormwater program is derived primarily from
taxes, which 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
WHEREAS, the funding for the City's stormwater program is derived primarily from
taxes, thus omitting tax - exempt properties from participation in the funding of the
stormwater programming and infrastructure needed to handle runoff generated by such
properties, and
WHEREAS, a funding mechanism for the stormwater program that is not derived from
real property taxes is necessary for the City to maintain and improve stormwater
infrastructure, meet current and future regulatory requirements, and prepare for the
expected continuing impacts of climate change, and
WHEREAS, 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 No. 2014-
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 of fact:
A. Every parcel of real property that contains impervious surface areas, both
public and private, uses and benefits from the maintenance of the
stormwater system.
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B. As recognized in the Department of Environmental Conservation's 2010
Stormwater Management Design Manual, "Rooftops, roads, parking lots,
driveways and other impervious surfaces no longer allow rainfall to soak
into the ground. Consequently, most rainfall is directly converted into
stormwater runoff ... [T]he volume of stormwater runoff increases sharply
with impervious cover," including the peak flow rate of runoff from a
property. Thus, the presence of impervious surfaces contributes to flash
flooding and negatively affects water quality in the City's waterways.
Accordingly, a property owner who chooses to construct or maintain an
impervious surface is choosing to use the City's stormwater infrastructure
to handle the runoff (and any sediment, chemicals, or other pollutants
contained in the runoff) from the property.
C. Changed incentives are required in order to motivate individual property
owners to reduce the rate and volume of runoff from their respective
properties and to increase its water quality. 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 in proportion to the demands it places on such
services.
D. 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. When such costs are paid
out of the City's tax revenues, however, the owners of those properties do
not 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
enacted 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 surfaces on a given property. Further, this dedicated
source of funds for stormwater programming is needed for the City to address its aging
infrastructure, 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. Creation of Stormwater Utilitv.
A new Chapter 283 of the City Code, entitled "Stormwater Utility," is created as follows:
Section 283 -1. Definitions.
The Board of Public Works.
The scaling factor that shall be applied in the calculation of Stormwater
User Fee credits. For structures or practices that, as determined by the
Superintendent, are anticipated to provide:
(i) both treatment quality and quantity attenuation, the Credit
Rate shall be twenty percent (20 %);
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(ii) either treatment quality or quantity attenuation, the Credit
Rate shall be ten percent (10 %).
1912 I all we] »910119
A Lot which has an Impervious Surface Area greater than or equal to
twenty -five percent (25 %) of an Equivalent Residential Unit.
EQUIVALENT RESIDENTIAL UNIT ( "ERU ")
The average amount of Impervious Surface Area on a Residential
Property in the City, as determined by the Common Council.
IMPERVIOUS SURFACE.
Any surface on a Lot that, because of the surface's composition or
compacted nature, impedes or prevents natural infiltration of water into the
soil, including, but not limited to, roofs, solid decks, driveways, patios,
sidewalks (other than public walks located in the City's right -of -way),
parking areas, tennis courts, concrete, asphalt, or crusher /run streets or
paths, or compacted gravel or dirt surfaces, as determined by the
Department of Public Works.
IMPERVIOUS SURFACE AREA.
LOT
As recorded or calculated by the Department of Public Works, the number
of square feet of horizontal surface on a Lot covered by an Impervious
Surface.
Lot or parcel of land, as set forth by the current City of Ithaca Tax Maps on
file with the Tompkins County Department of Assessment.
NON - RESIDENTIAL LOT.
All Developed Lots other than Residential Lots.
PROPERTY CLASS CODE.
The property type classification code, as defined by the New York State
Office of Real Property Services in the Assessors' Manual, assigned to a
Lot by the Tompkins County Department of Assessment, as may be
updated by that Department from time to time.
PROPERTY OWNER or OWNER.
The owner of a Lot as shown on the Tompkins County tax records.
RESIDENTIAL LOT.
A Developed Lot with a Property Class Code of 210, 215, 220, 230, 240,
250, or 270, or substantially identical successor designations.
STORMWATER.
The runoff from all forms of precipitation that travels over natural or
developed surfaces to the nearest stream, other conduit, or impoundment
and appears in lakes, rivers, ponds, or other bodies of water.
STORMWATER SERVICES.
The City program for protection of Stormwater quality and for the partial
control and conveyance of Stormwater, including, but not limited to: public
education; monitoring, removing, and regulating Stormwater pollutants;
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other activities described in the City's New York SPDES permit; mapping;
planning; regulating, reviewing and inspecting private Stormwater
infrastructure; operating, constructing, improving, cleaning, and
maintaining the City's Stormwater System; and any and all expenses
deemed reasonably necessary to the management of Stormwater within
the City in the judgment of the Superintendent of Public Works, as
instructed from time to time by the Board of Public Works, including but
not limited to the payment of debt principal and debt service, and the
establishment of a reserve fund, to pay for these services.
STORMWATER SYSTEM
The system of natural and constructed conveyances for collecting and
transporting stormwater, including but not limited to lakes, ponds, rivers,
perennial, intermittent, and /or channeled streams, connected wetlands,
open ditches, catch basins and other inlets, pipes, sewers, drains,
culverts, and created stormwater management facilities that provide partial
treatment by passive means such as wet detention ponds, detention
basins, and stormwater wetlands.
STORMWATER USER FEE.
The fee charged for costs incurred by the City in providing Stormwater
Services.
SUPERINTENDENT.
The Superintendent of Public Works, or his or her designee.
TREATMENT EFFICIENCY.
As determined by the Superintendent, the calculated effectiveness,
expressed as a percentage of total possible effectiveness of an ideal
stormwater management practice or structure, of a stormwater
management practice or structure designed to remove a desired
component through quality treatment, quantity attenuation, or both, as
applicable.
Section 283 -2. Stormwater User Fees.
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) 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 Surface 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
(1) 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.
B. Equivalent Residential Unit.
(1) An Equivalent Residential Unit is equal to two thousand, three
hundred (2,300) square feet.
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(2) At least once every five (5) years, the Superintendent shall report to
the Board and Common Council regarding changes in the average
Impervious Surface Areas of Residential Lots.
C. Measurement of Impervious Surfaces.
(1) Any Owner may file an application with the Superintendent
contesting the calculation of Impervious Surface Area on the Lot as
of the date of the application. The applicant must submit
satisfactory evidence as required by the Superintendent, such as
square footage measurements and descriptions of the relevant
buildings or materials. For applications submitted prior to July 1,
2015, any approved changes in calculations will take effect
retroactive to January 1, 2015. For all other applications, any
approved changes in calculations will take effect on the first day of
the billing period beginning after the application was submitted,
even if retroactive as of date of approval; no refunds or credits shall
be granted for amounts billed prior to submission of the application.
The applicant may appeal the determination of the Superintendent
as set forth in Section 283 -5(A).
(2) The Superintendent shall endeavor to update the Impervious
Surface data in the City's geographic information systems at least
once every five (5) years.
(3) Upon close -out of any building permit under which the associated
documentation or other data indicates that at least one - quarter (1/4)
of an ERU of Impervious Surface has been constructed upon a Lot,
the Director of Planning and Development or authorized code
enforcement personnel shall provide to the Superintendent notice
of the number of square feet of Impervious Surface added, in net,
to the Lot, as indicated on documentation associated with said
permit, together with the applicable tax lot number. The
Superintendent shall thereafter update the data in the City's
geographic information systems to reflect the adjusted Impervious
Surface Area on the Lot.
Section 283 -3. Stormwater User Fee Credits.
A. The Stormwater User Fee for a Non - Residential Lot shall be reduced as
provided herein if the Superintendent certifies that the Lot is eligible for
one or more credits in accord with this section.
B. Calculation of Credits. The credit for a practice or structure shall be the
product of: the Lot's Stormwater User Fee, the percentage of the total
Impervious Surface Area on a Lot mitigated by the practice or structure,
the practice or structure's Credit Rate, and the practice or structure's
Treatment Efficiency.
C. Eligible Practices. Credits are available for those Stormwater management
practices or structures enumerated in a detailed list entitled "Approved
Stormwater User Fee Credits ", maintained by the Superintendent,
established by resolution of the Board, and updated from time to time by
additional resolution of the Board on consultation with the Superintendent.
Such updates shall only be effective in conjunction with this Chapter if, at
least 14 days before the Board finally votes on any such update, the
Superintendent provides to the Board and to the City Controller an
estimate of the probable annualized budget impact of such updates upon
the stormwater account maintained by the City Controller.
D. Review Criteria. An engineered structure or practice that provides quality
treatment and /or quantity attenuation shall be considered by the
Superintendent using the criteria set forth herein.
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August 6, 2014
(1) The proposal must demonstrate that the practice will provide a
quantifiable treatment and /or runoff control benefit to the site
through engineered design principles.
(2) The watershed subcatchment leading to the practice must be
clearly defined including the area, amount of impervious cover,
flowpath, and existing and proposed land use.
(3) The credit for a structure will be prorated based on that structure's
Treatment Efficiency. For example, the credit for an otherwise -
qualifying structure that is designed for ten percent (10 %) water
quality volume treatment efficiency will be reduced by ninety
percent (90 %), as compared with a structure designed for 100%
efficiency.
(4) Designs must follow the New York State Department of
Environmental Conservation's Stormwater Management Design
Manual guidelines, as amended or replaced by substantially
identical guidelines.
(5) The Owner must assume all responsibility for practice operation
and maintenance. Failure to maintain the structure shall result in
cancellation of the credit pursuant to Section 283 -3(E).
E. Administration of Credits.
(1) In order to obtain a credit, an Owner must apply in a form
satisfactory to the Superintendent.
(2) If an application is approved by the Superintendent, the resulting
reduction in the Stormwater User Fee shall take effect with the
beginning of the next billing period that begins at least thirty (30)
days after the application was approved. The Superintendent shall
have the discretion to make the credit retroactive to the next billing
period beginning after the application was submitted if the interests
of justice so require. Unless otherwise specified, an approved credit
shall continue to be applied on each future bill so long as the Lot
continues to be eligible for the credit; provided, however, that the
Superintendent shall cancel any credit for failure to provide the City
with access to inspect and confirm the Lot's continuing eligibility for
a particular recurring credit.
(3) The applicant may appeal the Superintendent's denial of an
application or cancellation of a previously- approved credit as set
forth in Section 283 -5(A).
Section 283 -4. Stormwater Account and Billing.
A. The City Controller shall create and maintain a dedicated stormwater
account separate from all other City accounts or funds. All Stormwater
User Fees, and any penalties or interest on such user fees, shall be
deposited into that account, and shall be used by the City solely to provide
Stormwater Services.
(1) The City Chamberlain shall issue bills for Stormwater User Fees on
a quarterly basis, or another regular, periodic basis, not less
regularly than annually. The Stormwater User Fees may be billed
on a combined utility bill that contains other charges, including for
water and /or sewer service. Stormwater User Fees that are shown
on a combined bill may be for a different service period than that
used for other utility services.
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(2) Bill Recipient.
(a) Single Water and /or Sewer Account. For a Lot associated
with only one (1) water and /or sewer account, the City will
bill the Stormwater User Fee to the individual or entity
receiving the utility bill for such account. The Owner may
elect to receive the bill or redirect the bill to a third - party, with
the third - party's consent, by executing and submitting a form
provided by the City Chamberlain.
(b) All Other Lots. For all other Lots, the City will bill the
Stormwater User Fee to the Owner on a separate utility bill.
The Owner may elect to redirect the bill to a third - party, with
the third - party's consent, by executing and submitting a form
provided by the City.
(c) In all cases, the Owner is finally responsible for any unpaid
Stormwater User Fees, including penalties and /or interest.
(3) If a Lot is incorrectly billed, or not billed, or a bill is sent to the wrong
party, the City may backbill a property for a period not to exceed
two (2) years.
(4) The Superintendent, the City Controller, and the City Chamberlain
are authorized to develop billing forms, guidelines, and practices
not inconsistent with this Section.
C. Effect of Nonpayment.
(1) No Certificate of Occupancy or Certificate of Compliance shall be
issued by the Director of Planning and Development or authorized
code enforcement personnel for any building or structure located on
a Lot if the Stormwater User Fee for such portion of the Lot is in
arrears.
(2) The Stormwater User Fee shall be payable without penalty for thirty
(30) days following the billing date. On all amounts unpaid at the
expiration of such period, five percent (5 %) of the amounts unpaid
shall be added and collected. On all amounts remaining unpaid
after thirty days following the expiration of such period, and after
each period of thirty days or portion thereof thereafter, one percent
(1 %) of the amounts unpaid shall be added and collected, up
through and including October of each year.
(3) Any uncontested portion of the Stormwater User Fee, with any
added penalty or interest, remaining unpaid on or before November
1 of any year shall be listed as a separate item on the subsequent
year's City property tax bill. Fees which have been contested in a
timely manner and which have been determined by the Board to be
due and payable before November 1 of any year shall be similarly
listed.
D. The Board shall prescribe, in its discretion, a schedule of application
and /or inspection fees to be charged in connection with this Chapter. Such
fees shall be deposited in the stormwater account.
Section 283 -5. Appeals and Reissuance of Fees.
A. Any applicant aggrieved by the Superintendent's determination pursuant
to Sections 283- 2(C)(1) or 283 -3(E) may appeal such decision to the
Board at an open meeting thereafter. Such appeal must be in writing and
explain why the Superintendent's decision should be reversed. The
applicant may present evidence to the Board at the open meeting at which
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the appeal is considered, but such evidence must be limited to the matters
stated in the written appeal.
B. Whenever any Stormwater User Fee charged under the provisions of this
Section shall be set aside or shall be decided by any court having
jurisdiction thereof to have been improperly or illegally charged or
whenever it shall be ascertained that the proceedings under which said
fee has been issued shall have been so far irregular and erroneous as to
make the collection of such fee illegal, then the City Chamberlain is
authorized to issue a new fee with the same force and effect as if it had
been the original fee.
Section 283 -6. Retention of Existing Powers.
Nothing herein shall be construed to modify or alter any power of the Common
Council, Board of Public Works, Superintendent of Public Works, Planning and
Development Board, or Director of Code Enforcement to require the construction,
maintenance, or repair of privately- maintained stormwater infrastructure at the
cost of the Property Owner as part of site plan review or other applicable
regulation.
Section 3. Severabilitv 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, 2015, 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.
Mayor Myrick thanked City Attorney Lavine and the Stormwater Task Force,
Environmental Engineer Gibson, GIS Manager Aslanis, Superintendent of Public Works
Thorne, and the City Chamberlain's Office for their work on the legislation.
Alderperson McGonigal asked if the third Whereas Clause could be removed from the
law. City Attorney Lavine stated that it could be removed but because this is a Local
Law, it would have to be referred back to committee, laid on the table in the corrected
form and return to be voted on at the September Common Council meeting.
Discussion followed on the floor regarding whether the 20% reduction in fee is a great
enough incentive and whether the fee should be increased along with an increased rate
of credit in order to promote stormwater management on private properties.
Alderperson McCollister suggested that the current program be evaluated and adjusted
at a later date once the results become evident.
Alderperson Brock expressed her support for the principle of the program and the
general legislation as written and further stated that the next step should be to create a
working group to create mechanisms for planning & implementation of needed program
adjustments. She stated that she would not be supporting the legislation due to its
immediate effective date and the need for more time to develop and review the
management processes, staff and departmental impacts and budget considerations
prior to a vote to adopt the Storm Water Use Fee program.
Alderperson Fleming stated that this law focuses on paying for the current stormwater
system vs. creating a comprehensive system.
Alderperson McCollister inquired about Cornell's concern regarding the inconsistency in
developing the amounts of impervious surfaces. City Attorney Lavine responded that
the City will pay for the impervious surfaces on City parcels; however, the publicly
owned streets and sidewalks have not been calculated into the program.
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Alderperson Clairborne stated that he agrees with the intention of the legislation and the
user fees but questioned whether the City is ready to implement this system. He
referred to comments made by the Water Resources Council and Tompkins County that
they were notified about the proposal after the legislation was in motion. He stated that
he does not believe the flat rate for 1, 2, and 3 family houses is fair (single family home
would be paying the same as a duplex or a 3 family home). He further expressed his
disappointment that no staff members have been present at the meetings to discuss the
implementation of this proposal. He stated that this legislation is a good base to start
from but he won't support it as he does not feel that the legislation is ready for
implementation.
City Attorney Lavine stated that he presented the legislation directly to a sub - committee
of the Tompkins County Legislature at a meeting that the County Administrator attended
and there were no substantial objections voiced.
Alderperson Murtagh stated that this law has been through a long, public process and
should be considered a work in progress, comparing it to the similar Sidewalk
Improvement District Plans.
Alderperson Fleming detailed the meetings that City staff attended to answer questions
about the program.
A Vote on the Local Law Resulted as Follows:
Alderperson Brock
Nay
Alderperson McGonigal
Aye
Alderperson Clairborne
Nay
Alderperson Murtagh
Aye
Alderperson McCollister
Aye
Alderperson Fleming
Aye
Alderperson Smith
Aye
Alderperson Kerslick
Aye
Alderperson Mohlenhoff
Aye
Alderperson Martell
Aye
Carried
(8 -2)
Mayor Myrick thanked everyone for their work on this initiative including the Board of
Public Works and the staff of the Department of Public Works. He stated that a working
group will be created to develop long term stormwater management issues.
9.2 Request to Amend Chamberlain's Office Budget
By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick
WHEREAS, on August 6, 2014 Common Council enacted Local Law No.2014 -
establishing Stormwater Utility and User fees and
0
WHEREAS, these fees will be assessed as a separate service code on current water
accounts where they exist, and on newly established accounts where they don't exist or
where multiple accounts exist, and
WHEREAS, the City Chamberlain's office is not sufficiently staffed to guarantee
completion of the necessary tasks in a timely manner and still meet other regular
deadlines within the office, and
WHEREAS, the Chamberlain has requested funding for temporary staffing for the
project and for additional printing and mailing costs at its inception, and
WHEREAS, staff had estimated the temporary staffing, printing, and mailing costs to
total $10,000, and
WHEREAS, the funds needed for such request can be transferred from unrestricted
contingency, which currently has a balance of $86,000; now, therefore, be it
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August 6, 2014
RESOLVED, That Common Council hereby amends the City Chamberlain's 2014
authorized budget as follows:
Increase:
A1317 -5435 $7,500 (contractual temporary staff)
A1317 -5425 $2,500 (printing and mailing costs)
0
and be it further
M
RESOLVED, That Common Council hereby authorizes the City Controller to transfer an
amount not to exceed $10,000 from Account A1990 Unrestricted Contingency to the
above stated accounts to fund said start up fees related to the Stormwater Utility.
Carried Unanimously
9.3 IPD — Request to Amend 2014 the Ithaca Police Department Authorized
Budget for Tactical Grant - Resolution
By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick
WHEREAS the City of Ithaca Police Department received a federal grant with pass
through to the NYS Division of Homeland Security and Emergency Services in the
amount of $100,000 for the purpose of providing Tactical and SWAT training and
equipment, and
WHEREAS, the $100,000 grant will include the following: Tactical Training, Tactical
Robot, Thermal Imaging, Chemical Suits, Self- Contained Breathing Apparatus and a
Thermal Breaching Unit; now, therefore be it
RESOLVED, That Common Council hereby accepts the Tactical Swat Grant from the
NYS Division of Homeland Security in the amount of $100,000 and amends the 2014
City of Ithaca Police Department authorized budget as follows:
Increase Revenue Account:
A3120- 4389 -5022 Federal Aid SWAT $100,000
Increase Appropriation Accounts:
A3120- 5125 -5022 OT SWAT $20,500
A3120- 5225 -5022 Other Equipment SWAT $79,500
$100,000
Alderperson Clairborne questioned why the Federal government was funding this type
of military grade equipment for local municipalities. Mayor Myrick responded that Chief
Barber was on vacation and a representative of the Police Department was not
available to attend the meeting as they were involved in a police chase, which resulted
in the apprehension of the suspect earlier this evening. The incident included a motor
vehicle accident involving a police vehicle; the officer was uninjured.
Alderperson Mohlenhoff suggested that the item be referred back to the City
Administration Committee where the questions could be answered by Chief Barber.
Alderperson Brock stated that she would like to benefit from further discussion and the
answers to the questions.
Motion to Table - Resolution
By Alderperson Brock: Seconded by Alderperson McGonigal
RESOLVED, That this item be referred to the September Common Council meeting.
Amending Resolution:
By Alderperson Clairborne: Seconded by Alderperson Kerslick
RESOLVED, That this item be referred to later in the meeting so more information can
be obtained from the police department.
Ayes (9) McGonigal, Clairborne, Murtagh, McCollister, Fleming, Smith,
Kerslick, Mohlenhoff, Martell
Nays (1) Brock
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Carried
August 6, 2014
A vote on the Main Motion as Amended resulted as follows:
Ayes (9) McGonigal, Clairborne, Murtagh, McCollister, Fleming, Smith,
Kerslick, Mohlenhoff, Martell
Nays (1) Brock
Carried
Alderperson McCollister voiced her support of the decision making of the police
department. Alderperson Mohlenhoff reported that Chief Barber notified her that this
item is not completely time sensitive.
Motion to Table - Resolution
By Alderperson Mohlenhoff: Seconded by Alderperson McCollister
RESOLVED, That this item be referred to the September Common Council meeting.
Carried Unanimously
9.3 City Controller's Report:
Deputy City Controller Andrew reported on the following:
• City Controller Thayer is on vacation
• 2013 Audit is underway
• All 2015 departmental budgets have been submitted to the City Controller & the
Mayor
PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE:
10.1 Resolution to Select Artwork for a Mural Installation on the Entry Wall of
the Seneca Street Parking Garage
By Alderperson Murtagh: Seconded by Alderperson Smith
WHEREAS, the City of Ithaca Public Art Commission (PAC) has been established to,
among other duties, review and advise the Common Council on proposals for the
exhibition and display of public art in the City's public spaces, and
WHEREAS, in 2010, the PAC created a mural and street art program to beautify blank
walls within the city, while providing local artists from all sections of the community an
opportunity to showcase their work, and
WHEREAS, the Board of Public Works approved several locations for future murals and
street art, including walls in the City garages on Green Street and Seneca Street, by
resolution on May 19, 2010, and
WHEREAS, local artist Nicholas Gilbert has submitted his proposal for a mural featuring
a Latina woman holding a child as part of the PAC's Mural and Street Art Program, and
WHEREAS, Mr. Gilbert was selected by iCultura! Ithaca and several other community
organizations to paint a mural that celebrates the community's Latina culture, and
WHEREAS, at its meeting on February 26, 2014, the PAC identified the entry wall to the
Seneca Street Parking Garage (near the N. Tioga Street entrance) as an appropriate
location for this project, and
WHEREAS, the PAC held a public comment period on the mural design and location at
its meeting on June 25, 2014 to gather input on the proposed installation, and the
majority of the responses to the proposal have been positive, and
WHEREAS, the artist will receive funding from iCultura! Ithaca and several other
community organizations to install the mural, and the installation will be budget - neutral
to the City, and
WHEREAS, at its meeting on June 25, 2014, the Public Art Commission unanimously
voted to recommend that the Common Council select Nicholas Gilbert's mural to be
installed on the entry wall of the Seneca Street Parking Garage; now, therefore, be it
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August 6, 2014
RESOLVED, That the City of Ithaca Common Council selects Nicholas Gilbert's mural
featuring a Latina woman holding a child, as recommended by the Public Art
Commission, to be installed on the entry wall of the Seneca Street Parking Garage
(near the N. Tioga Street entrance) and to be added to the City of Ithaca's public art
collection; and be it further
RESOLVED, That the selected artist may proceed with the installation of his mural upon
the execution of an agreement with the City as reviewed by the City Attorney.
Carried Unanimously
10.2 Resolution to Select Artwork for a Mural Installation within the Stairwell
Near the Intersection of South Cayuga Street and West Spencer Street
By Alderperson Murtagh: Seconded by Alderperson McCollister
WHEREAS, the City of Ithaca Public Art Commission (PAC) has been established to,
among other duties, review and advise the Common Council on proposals for the
exhibition and display of public art in the City's public spaces, and
WHEREAS, in 2010, the PAC created a mural and street art program to beautify blank
walls within the city, while providing local artists from all sections of the community an
opportunity to showcase their work, and
WHEREAS, local artist Caleb Thomas has submitted his proposal for a mural titled
"Astronauts and Flowers" as part of the PAC's Mural and Street Art Program, and
WHEREAS, the PAC discussed Mr. Thomas's mural proposal at its meeting on April 9,
2014 and agreed that the stairwell near the intersection of South Cayuga Street and
West Spencer Street would be an appropriate location for the proposed mural, and
WHEREAS, the Board of Public Works approved the stairwell near the intersection of
South Cayuga Street and West Spencer Street for future murals and street art by
resolution on June 9, 2014, and
WHEREAS, the PAC held a public comment period on the mural design and location at
its meeting on June 25, 2014 to gather input on the proposed installation, and the
majority of the responses to the proposal have been positive, and
WHEREAS, the artist will provide funding for the mural, and the installation will be
budget - neutral to the City, and
WHEREAS, at its meeting on June 25, 2014, the Public Art Commission unanimously
voted to recommend that the Common Council select Caleb Thomas's mural to be
installed within the stairwell near the intersection of South Cayuga Street and West
Spencer Street; now, therefore, be it
RESOLVED, That the City of Ithaca Common Council selects "Astronauts and Flowers"
by Caleb Thomas, as recommended by the Public Art Commission, to be installed
within the stairwell near the intersection of South Cayuga Street and West Spencer
Street and to be added to the City of Ithaca's public art collection; and be it further
RESOLVED, That the selected artist may proceed with the installation of his mural upon
the execution of an agreement with the City as reviewed by the City Attorney.
Ayes (9) Brock, Clairborne, Murtagh, McCollister, Fleming, Smith,
Kerslick, Mohlenhoff, Martell
Nays (1) McGonigal
Carried (9 -1)
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August 6, 2014
10.3 City of Ithaca 2014 -2018 Consolidated Plan — HUD Entitlement Grant
Program — Resolution
By Alderperson Murtagh: Seconded by Alderperson McCollister
WHEREAS, in the Fall of 2003, the US Department of Housing and Urban Development
(HUD) notified the City that it qualified as an `Entitlement Community' and that it would
be receiving an annual allocation of HUD funds through the Community Development
Block Grant Program (CDBG) and the HOME Investment Partnerships (HOME)
Program, and
WHEREAS, in order to access these funds, the City is required to undertake a public
input process and prepare a Consolidated Plan which identifies priority community
development needs for the City of Ithaca every 5 years, and
WHEREAS, it is now time to prepare an updated Consolidated Plan, and
WHEREAS, under the terms of the February 14, 2013, agreement between the City of
Ithaca and the Ithaca Urban Renewal Agency (IURA), the City has designated the IURA
as the Lead Agency to develop and administer the Consolidated Plan on behalf of the
City, and
WHEREAS, the Consolidated Plan may only be adopted by the Common Council after it
has undergone a 30 -day public comment period and been the subject of two public
hearings, and
WHEREAS, the first public hearing was held before the IURA on June 26, 2014, and the
second public hearing was held at the Planning and Economic Development Committee
of the Common Council on July 9, 2014, and
WHEREAS, following a citizen participation process to gain public input in identifying
priority community development needs, the IURA issued a draft 2014 -2018
Consolidated Plan for a 30 -day public comment period that ended on August 5, 2014,
and
WHEREAS, the IURA reviewed and adopted the draft Consolidated Plan at their
meeting on July 24, 2014, and further recommended its adoption by the Common
Council, and
WHEREAS, the adopted Consolidated Plan must be received by HUD by August 16,
2014, and
WHEREAS, at their July 9, 2014, meeting the Planning and Economic Development
Committee forwarded the Consolidated Plan to the Common Council for action following
consideration of public comment received, now, therefore, be it
RESOLVED, That the City of Ithaca Common Council hereby adopts the 2014 -2018
Consolidated Plan, dated August 6, 2014, and be it further
RESOLVED, That the Common Council authorizes the Mayor, subject to review by the
City Attorney, to execute certifications and any other documents necessary to submit
the Consolidated Plan to HUD.
Discussion followed on the floor regarding the metrics used to measure performance;
affordable housing; the reduction of available funding and the critical importance of
funding job training and affordable housing initiatives.
Carried Unanimously
16
August 6, 2014
INDIVIDUAL MEMBER – FILED RESOLUTIONS:
13.1 Call for Increasing Look -Back Period Under The New York State Property
Tax Freeze Legislation - Resolution
By Alderperson Clairborne: Seconded by Alderperson Smith
WHEREAS, the New York State Department of Taxation and Finance released
Publication 1030 dated July 14, 2014, rendering guidance on the Property Tax Freeze
Credit, and
WHEREAS, the Property Tax Freeze Credit is a two -year tax relief program that
reimburses qualifying New York State homeowners for increases in local property taxes
on their primary residences, and
WHEREAS, in order for the credit to be available to the homeowners in a local taxing
jurisdiction, the jurisdiction must comply with the New York State Property Tax Cap and,
after the first year, must also develop an efficiency plan, and
WHEREAS, the State legislation that enacted the property tax freeze expressly requires
the consideration of "past efficiencies, shared services, and reforms" in determining
whether the cost - saving requirements of the law have been met; and
WHEREAS, this "look- back" provision is intended to recognize and reward local
governments that took actions such as those now being advocated by the State long
before the enactment of the property tax freeze legislation, and that are generating
recurring annual savings for local taxpayers; and
WHEREAS, the property tax freeze legislation does not limit the look -back period
provided to local governments, thereby allowing the State Division of Budget great
latitude to consider accomplishments of local governments that have proven to be
sustainable and are continuing to generate annual savings to local taxpayers today; and
WHEREAS, the State Division of Budget has chosen to exercise this latitude in an
extraordinarily narrow and limited manner, allowing consideration of only those
measures put in place since 2012, the initial year of the State's cap on local property tax
levies; and
WHEREAS, the City of Ithaca, along with other municipalities within Tompkins County
including the County itself, have been leaders in shared services, consolidations, and
efficiencies and have assembled a remarkable list of achievements long- before the
2012 look -back period established by the Division of Budget, and
WHEREAS, examples of such collaborations involving the City partnering with
neighboring municipalities within Tompkins County include:
• Tompkins Consolidated Area Transit - a not - for - profit public transportation
provider governed by representatives from the City of Ithaca, Tompkins County,
and Cornell University
• Recreation Partnership - an inter - municipal collaboration between 10
municipalities across Tompkins County providing recreation services to member
residents
• Ithaca Area Wastewater Treatment Facility - operated jointly with the Towns of
Ithaca and Dryden
• City -Town of Ithaca Fire Service Contract - providing fire protection to both the
City and Town of Ithaca through the Ithaca Fire Department
• Tompkins County Health Consortium — a collaboration of multiple municipalities
in and around Tompkins County providing affordable health insurance,
prescription drug coverage, and related benefits to employees and eligible
retirees, and
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August 6, 2014
WHEREAS, without a longer look -back period the City of Ithaca and its neighboring
municipalities will be in a far worse position under the property tax freeze law than those
local governments who chose not to initiate any such reforms or generate such savings
in the past, and
WHEREAS, nearly all municipal governing bodies in Tompkins County have been
meeting monthly to document the efficiencies and collaborations already produced and
have determined four areas of focus to seek further consolidation and collaboration of
services, and
WHEREAS, the City of Ithaca concurs with the member municipalities of the Tompkins
County Council of Governments that believe that a longer look -back period will afford
more municipalities the opportunity to show that savings have been achieved through
collaborations such as those sought by the State; now, therefore be it
RESOLVED, That the City of Ithaca Common Council requests that its elected
members of the State Legislature please use their good office to influence the
leadership in their respective Legislative Chambers to move the look -back date to
January 1, 2000, a time in which the necessity of shared services and efficiencies
became the catalyst for collaboration across municipalities, and be it further
RESOLVED, That copies of this resolution be sent to Assemblywoman Barbara Lifton,
Senators Thomas O'Mara, Michael Nozzolio, and James Seward, Governor Andrew
Cuomo, the New York State Division of Budget, and to the New York State Conference
of Mayors.
Discussion followed on the floor regarding the Governor's property tax cap and the city's
history of shared services with other municipalities. Alderperson Clairborne explained
that if the look -back period were extended back by one year, it would help the city meet
the Governor's goals. He further described current proposals to centralize the following
services with Tompkins County: Administrative Services (Human Resources,
Information Technology, Finance); Courts; Highway; Public Safety.
Alderperson McGonigal thanked Alderperson Clairborne for bringing this Resolution
forward and the Tompkins County Council of Governments (TCCOG) for pushing back.
A vote on the Resolution resulted as follows:
Carried Unanimously
13.2 Designation of National Environmental Protection Act (NEPA) Certifying
Officer — Resolution
By Alderperson Murtagh: Seconded by Alderperson McCollister
WHEREAS, recipients of HUD funds must conduct an environmental review in
accordance with the National Environmental Protection Act (NEPA) prior to release of
funds; and
WHEREAS, the City of Ithaca, as recipient of grant funds from the U.S. Department of
Housing & Urban Development, is the Responsible Party for complying with NEPA
regulations, and
WHEREAS, NEPA requires designation of a Certifying Officer to carry out the
environmental review of activities awarded HUD funds, and
WHEREAS, the Certifying Officer is authorized to execute certifications regarding the
environmental review and the request for release of funds on behalf of the Responsible
Party; now, therefore, be it
RESOLVED, That the Common Council for the City of Ithaca hereby designates the
Director of Planning, Building, Zoning and Economic Development, ex- officio, as the
Certifying Officer for environmental review of HUD grants received by the City of Ithaca.
Carried Unanimously
In
August 6, 2014
MAYOR'S APPOINTMENTS:
Appointment /Reappointment to Various City Boards and Committees —
Resolution
14.1 Civil Service Commission — Resolution
RESOLVED, That Barbara Abrams be reappointed to the Civil Service Commission with
a term to expire May 31, 2020, and be it further
14.2 Planning and Development Board — Resolution
RESOLVED, That Jack Elliott be reappointed to the Planning and Development Board
with a term to expire December 31, 2016, and be it further
14.3 Public Art Commission — Resolution
RESOLVED, That Norma Gutierrez be appointed to the Public Art Commission to
replace Jason Otero with a term to expire June 30, 2016.
Carried Unanimously
REPORTS OF COMMON COUNCIL LIAISONS:
Board of Public Works:
Alderperson Fleming reported that all of the Sidewalk Improvement District meetings
have been held regarding the 2015 work plan.
She further reported that the Department of Public Works will not be purchasing 967 E.
State /Martin Luther King Jr. Street.
Community Police Board:
Alderperson Kerslick reported that the Ithaca Police Department would be offering a
SWAT demonstration to Common Council and members of the Community Police
Board on August 7, 2014.
South Hill Civic Association:
Alderperson Brock stated that the South Hill Civic Association is requesting that the Old
Elmira Road project become a capital project vs. a Sidewalk Improvement District (SID)
4 project.
City Attorney Lavine explained that Common Council already approved funding in the
2014 budget for the Old Elmira Road project with the understanding that the funding for
sidewalks would come from SID 4.
Alderperson McGonigal asked if the sidewalk included in the project could be modified
(i.e. build less sidewalk). The proposed sidewalk between the former Lucatelli's
restaurant and the Round -about has been removed due to budget constraints. City
Attorney Lavine responded that the request would need to go to the Board of Public
Works, City Administration Committee, and Common Council.
REPORT OF CITY CLERK:
City Clerk Holcomb reminded Common Council members of the upcoming BEaR Walk
on Thursday, August 28, 2014 from 5:00 p.m. — 8:00 p.m. She explained that this is an
initiative designed to build relationships between the student population and the
permanent residents in the neighborhoods surrounding the Cornell campus. The walk
is modeled after the State College, PA and Penn State "Lion Walk ". She encouraged
everyone to volunteer.
REPORT OF CITY ATTORNEY:
City Attorney Lavine reported that the Ginsburg Trial will start Tuesday, August 12, 2014
in Federal Court in Utica.
MINUTES FROM PREVIOUS MEETINGS:
18.1 Approval of the June 25, 2014 Common Council Committee of the Whole
Meeting Minutes - Resolution
By Alderperson Smith: Seconded by Alderperson Kerslick
RESOLVED, That the minutes of the June 25, 2014 Common Council Committee of the
Whole meeting be approved as published; and, be it further
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August 6, 2014
18.2 Approval of the July 2, 2014 Common Council Meeting Minutes - Resolution
RESOLVED, That the minutes of the July 2, 2014 Regular Common Council meeting be
approved as published, and, be it further
18.3 Approval of the July 30, 2014 Common Council Committee of the Whole
Meeting Minutes - Resolution
RESOLVED, That the minutes of the July 30, 2014 Common Council Committee of the
Whole meeting be approved as published.
Carried Unanimously
ADJOURNMENT:
On a motion the meeting adjourned at 8:15 p.m.
Julie Conley Holcomb, CMC Svante L. Myrick
City Clerk Mayor
20