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HomeMy WebLinkAboutMN-CC-2013-05-01COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 6:00 p.m. May 1, 2013 PRESENT: Mayor Myrick Alderpersons (9) Brock, Dotson, Murtagh, Clairborne, McCollister, Fleming, Kerslick, Proulx, Mohlenhoff OTHERS PRESENT: City Clerk – Conley Holcomb City Attorney – Lavine City Controller – Thayer EXCUSED: Alderperson Smith 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 Proulx requested the addition of Item 9.4 Authorization for Home Rule Request and Settlement Agreement Regarding Conversion of Firefighter James Crowley’s Retirement Plan with the State of New York to the § 384-d Plan – Resolution and Item 9.5 Brief Update on 2014 Budget priority setting meetings. No Common Council member objected. PROCLAMATIONS/AWARDS: Mayor Myrick proclaimed May 17, 2013 “Great Ithaca Write-In Day” in the City of Ithaca. Tompkins County Historian, Carol Kammen, explained that the City of Ithaca celebrated its centennial anniversary in 1988 and one of the event activities was to ask Ithacans to submit a short essay about what life was like in Ithaca on May 17, 1988 for future generations to enjoy. The essays were compiled into a book “One Day in Ithaca”. This year is the 25th anniversary of that event and a small community committee is coordinating a commemorative One Day write-in event on May 17, 2013 inviting each citizen who lives, works, went to school, or spent time here to write an account of his or her day, a memoir, a biography, or an explanation of his or her relationship with this community to be placed in the Community Archive. She encouraged everyone to participate in this historical event. SPECIAL ORDER OF BUSINESS: 4.1 A Public Hearing to consider repealing a portion of the City of Ithaca Municipal Code Chapter 325-20 entitled “Off-Street Parking”. Resolution to Open Public Hearing: By Alderperson Kerslick: Seconded by Alderperson Dotson RESOLVED, That the Public Hearing to consider repealing a portion of the City of Ithaca Municipal Code Chapter 325-20 entitled “Off-Street Parking” be declared open. Carried Unanimously (9-0) No one appeared to address Common Council. Resolution to Close Public Hearing: By Alderperson Kerslick: Seconded by Alderperson Dotson RESOLVED, That the Public Hearing to consider repealing a portion of the City of Ithaca Municipal Code Chapter 325-20 entitled “Off-Street Parking” be declared closed. Carried Unanimously (9-0) SPECIAL PRESENTATIONS BEFORE COUNCIL: 5.1 Update from Conservation Advisory Council by Chair Rima Shamieh – including CAC Strategic Plan and CAC Annual Report Ms. Shamieh shared the Conservation Advisory Council’s Strategic Plan and its SWOT Analysis (strengths, weaknesses, opportunities, threats). She provided a review of the May 1, 2013 2 CAC’s activities to date, and asked for direction as to how the CAC can provide support and input into work happening throughout the City. She noted that the language in the City Code as it relates to the Conservation Advisory Council and its work is outdated and needs to be reviewed and revised. She invited Common Council members to forward any questions or concerns about the work of the CAC to her. Alderperson Dotson stated that she is impressed with the work the CAC has been doing and that they have been very effective. 5.2 Update from Board of Fire Commissioners: Board of Fire Commissioner, George McGonigal, updated Common Council on the following items:  A new volunteer handbook is being developed. The Board currently has 2 applications to serve in the volunteer fire company – one for fire police and one for a fire fighter.  New radios are being distributed to the fire police unit  Commissioner Baker has resigned from the Board and his replacement is being considered for appointment at tonight’s meeting (Robert Sparks).  The Fire Department would like to sponsor two young women from Ithaca to attend the Phoenix Fire Camp for Women at the fire academy in Utica. The Fire Department would cover the application fee for the successful candidates. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: The following people addressed Common Council in opposition to the replacement of Mr. Gino Bush on the Community Police Board: Neil Oolie Aislyn Cogan Verna & Ru Mario Martone James Ricks Bonnie Williams Clare Grady Paula Ioanide Greg Rothman Daniel Shedd Leslie Shultz Macresey Fay Gougakis, City of Ithaca, invited everyone to attend the St. Catherine’s Greek Orthodox Church “Taste of Greece” event scheduled on May 11th. She further voiced concern regarding safety and the increase in violent crime in the City of Ithaca and took exception with statements made by Cornell Police Chief Zoner in a recent article in the “Cornell Daily Sun.” Pastor Brower and Andrea Lavine, members of the Community Police Board addressed Common Council regarding the Community Police Board’s willingness to work with Mr. Bush and the need for cooperative efforts between the Board and the Police Department. PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR: Mayor Myrick responded to comments made about the proposed replacement of Mr. Bush on the Community Police Board (CPB). He described the number of conversations that he participated in during the past 16 months with Mr. Bush and members of the community and his work to reinvigorate the Community Police Board and to fill the vacancies on the Board. He noted that Mr. Bush’s term on the CPB expired December 31, 2010 and that he explained to Mr. Bush that he would be replaced once the board had a full roster of qualified applicants. He explained that it has taken 16 months to find a slate of individuals that would bring balance to the Community Police Board. He acknowledged that he has lost friends over this decision, but believes the new appointment will help to mend the working relationship between the Police Department and the Community Police Board in a meaningful and productive way. Mayor Myrick further responded to comments made about increased violent crime in the City and requested that citizens assist the Police Department in keeping our community safe by reporting information and assisting with investigations. May 1, 2013 3 Alderperson Clairborne thanked the speakers for coming to the meeting. He encouraged community members to attend the upcoming viewings of the “Understanding to Overcome, Race: The Power of an Illusion” video presentations being held at Loaves and Fishes beginning May 9th at 7 pm and continuing on the next two subsequent Thursdays. He also invited everyone to attend the International Youth Arts & Culture Festival scheduled at Stewart Park on Friday, May 3, 2013 from 12 pm to 7 pm. Alderperson Murtagh responded to comments made about the replacement of Mr. Bush on the Community Police Board. He described his experience as a local reporter in covering the police involved shooting of Shawn Greenwood and also his “ride-along” with the Ithaca Police Department. He stressed the importance of strong and consistent leadership in the Ithaca Police Department. Alderperson Murtagh also encouraged everyone to attend the Taste of Greece event on Saturday, May 11th from 10 am to 8 pm. Alderperson Fleming reported that she attended a conference on sustainability recently and noted that municipalities are all struggling with the same issues including transportation, green spaces, energy, density and other related issues. Alderperson Proulx stated that he found the comments made by Cornell Police Department Chief Zoner in the Cornell Daily Sun troubling, noting that Cornell University and the City of Ithaca are not separate and what impacts one, impacts the other – especially in terms of safety. Mayor Myrick reported that he was in Washington, D.C. last week and met with Senators Gillibrand and Schumer and together they worked to keep the Tompkins County Airport Traffic Tower open. He further reported that the City has submitted a grant application to the EPA for a Brownfield clean-up grant for the Ithaca Gun site in the amount of $200,000. He also lobbied for funding for the rebuilding of the City’s water plant but noted that it will be a difficult process as it is extremely competitive due to Federal regulation requirements. Upon request by Common Council, the agenda was rearranged so they could consider the Mayor’s appointments while the audience was still present. MAYOR’S APPOINTMENTS: 15.1 Board of Fire Commissioners – Resolution By Alderperson Clairborne: Seconded by Alderperson McCollister RESOLVED, That Robert Sparks be appointed to the Board of Fire Commissioners to replace Lyman Baker with a term to expire June 30, 2014. Carried Unanimously (9-0) 15.2 Community Police Board – Resolution By Alderperson Kerslick: Seconded by Alderperson Mohlenhoff RESOLVED, That Johnny L. Wright be appointed to the Community Police Board to replace Gino Bush with a term to expire December 31, 2013. Alderperson Kerslick, Liaison to the Community Police Board, explained that through the recent appointments a working, functional, board has emerged. He noted that it’s not the Community Police Board’s responsibility to reform the Ithaca Police Department. The Board is a community liaison for reconciling/mediating issues between members of the public and the police department. He stated that all boards have a natural turn-over and people are replaced all the time. He suggested that perhaps a separate group be formed to address issues brought up tonight between the public and the police department. Alderperson Dotson stated that it is important to respect the protocol of the room and work toward solutions to move this issue further. She thanked the speakers for expressing their feelings, including anger, but noted that it is important to move forward to find solutions. She stated that any reform of the police department needs to happen by leadership, and that everyone is considering these issues seriously, especially racism. May 1, 2013 4 Alderperson Brock stated that she appreciates everyone participating in tonight’s meeting. She noted that the Community Police Board is not simply advisory as it receives and investigates complaints and works with the Ithaca Police Department to resolve them. It is a liaison to the community, and it is important to have members of the community comfortable with both entities. She stated that things are going well now, and there is no need for change. Alderperson Clairborne stated that he feels very conflicted related to the authority of the Mayor versus the authority of Common Council. He noted that he served as the Common Council liaison to the Community Police Board and has also worked as a government reporter. He feels that Common Council should review the authority of the Community Police Board including making recommendations on reform of the police department. He said that it is difficult to remove someone from a board who wants to continue serving. He voiced his respect for both men, stating that he does not appreciate the situation that Common Council members now find themselves in. He stated that he would abstain from voting on this resolution. City Attorney Lavine explained that he could not abstain from a vote except for a reason of conflict of interest, which is outlined in Common Council’s rules of procedures. Alderperson Clairborne responded that he was disturbed by that information as many Common Council members have abstained in the past for reasons other than a conflict of interest. Alderperson Proulx reported that the method of appointments to boards and committees is being discussed by the Government Performance and Accountability Committee. He stated that he was just informed of the background information regarding this situation and finds it very difficult to make this decision with such a short period of notification, so he will vote no on the Resolution. Alderperson Dotson stated that she respects the very hard work that the Mayor has made in making changes to this Board; however, she is not ready to vote on this item tonight but might be ready next month. Motion to Table: By Alderperson Dotson: Seconded by Alderperson Clairborne RESOLVED, That the resolution to appoint Johnny Wright to the Community Police Board to replace Gino Bush with a term to expire December 31, 2013 be tabled. Alderperson Murtagh stated that he finds it difficult to make this decision on such short notice and would like to learn more about the new candidate too. He supports tabling the resolution. Alderperson McCollister stated that she supports tabling the resolution; however, she noted that it is very common for waves of appointments to be made to various boards and committees to replace people who want to continue to serve. She would have supported the new nomination tonight as well. She stated that people should realize how wonderful it is that so many people want to volunteer and serve their community in this way. She further stated that there are many opportunities for people to serve their community on a variety of boards and committees, and encouraged everyone to consider that going forward. Alderperson Kerslick stated that he supports tabling the resolution in order for Common Council members to learn more about the Community Police Board. Alderperson Clairborne stated that he would take this opportunity to talk with the police chief and staff as well as members of the Community Police Board so that he can make an informed decision. Alderperson Fleming voiced concern that by tabling this resolution, everything that occurred at tonight’s meeting would be repeated next month. She reassured the audience that everyone who participated in tonight’s discussion has been heard. Mayor Myrick reaffirmed that he would “walk through fire” in order to support the Ithaca Police Department and internal reforms that need to be made including changes to the Community Police Board. May 1, 2013 5 15.3 Planning and Development Board – Resolution By Alderperson McCollister: Seconded by Alderperson Proulx RESOLVED, That Isabel Fernandez be appointed to the Planning and Development Board to replace Noah Demarest with a term to expire December 31, 2015. Alderperson Brock stated that she will vote against this appointment as the resume/application form was not completed by the applicant with information as to why they are interested in serving on the board and their relevant experience, etc. A vote on the Resolution resulted as follows: Ayes (8) Dotson, Clairborne, Murtagh, McCollister, Fleming, Kerslick, Mohlenhoff, Proulx Nays (1) Brock Abstentions (0) Carried (8-1) CONSENT AGENDA ITEMS: City Clerk’s Office: 8.1 Simeon’s Alcohol Permit Request – Resolution By Alderperson McCollister: Seconded by Alderperson Kerslick WHEREAS, since 1987 the City of Ithaca has issued a license to Simeon's Restaurant allowing that restaurant to utilize certain areas along Aurora Street and on the Ithaca Commons for outdoor dining, and WHEREAS, this use of public property has generally been deemed proper and successful, and WHEREAS, the City of Ithaca wishes to promote diverse uses of the Ithaca 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 Ithaca Commons, and WHEREAS, Common Council has determined that the use of this public property for outdoor dining at Simeon's 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 2013, Common Council hereby approves a revocable Alcoholic Beverage Permit for the outdoor sale and consumption of alcohol for Simeon's Restaurant that includes the sale of alcohol in accordance with the terms and conditions set forth in the application therefore, including minimum Dram Shop coverage in the amount of $1,000,000 and the approval of an outdoor dining permit. Carried Unanimously (9-0) City Administration Committee 8.2 Request to Standardize Main Coagulant Until a Year After the Completion of the New Water Treatment Plant - Resolution By Alderperson McCollister: Seconded by Alderperson Kerslick WHEREAS, this Common Council has been requested by the DPW Water and Sewer Division Water Treatment Plant to standardize the main coagulant used at the WTP in the water treatment process until the new Water Treatment Plant is constructed and online for a period of one year, and WHEREAS, the new WTP will be constructed in the same footprint as the old WTP, thus the new plant will be simultaneously constructed as the old plant is deconstructed, and Staff will have substantial additional workload in the coordination and continued operation of the remaining old processes, the set up of temporary bridging processes, and the startup of new processes, and May 1, 2013 6 \WHEREAS, WTP Staff is familiar with the coagulant we currently use at the plant and know how it performs, what feed rates and concentrations to use as conditions change under seasonal and daily variations in weather and water quality, and WHEREAS, changing the primary coagulant will result in substantial additional Staff workload in the learning, testing, and optimization of a new coagulants performance characteristics under many different seasonal and daily conditions, and WHEREAS, it is deemed to be in the best interest of the City for reasons of efficiency, compatibility and economics to approve standardization of the primary coagulant used at the WTP to Polyaluminum Chloride as manufactured by Holland Company (PCH180) and authorize the City to purchase approved coagulant from the manufacturer, or a representative thereof until the new WTP is constructed and operational for a one year period, now, therefore be it RESOLVED, That pursuant to Section 103, subdivision 5 of General Municipal Law of the State of New York, this Common Council hereby authorizes the standardization to, and purchase and use of Polyaluminum Chloride as manufactured by Holland Company (PCH180) for the City of Ithaca Department of Public Works Water & Sewer Division Water Treatment Plant until the new Water Treatment Plant is commissioned and has been operational for a one year period. Carried Unanimously (9-0) 8.3 Request to Amend 2013 Greater Ithaca Activities Center (GIAC) Budget – Youth Program - Resolution By Alderperson McCollister: Seconded by Alderperson Kerslick WHEREAS, GIAC staff has been working to align program needs with their expenses in order to maintain the participant numbers in the youth after school program and summer camp, and WHEREAS, as a New York State Office of Children and Family Services (OCFS) licensed school-aged child care facility it is essential that GIAC maintains the correct staff to participant ratio as dictated by the OCFS regulations, and WHEREAS, the Tompkins County Department of Social Services (DSS) pays for many of the participants to attend GIAC’s program, and WHEREAS, DSS has changed its payment systems resulting in a dramatic increase in the amount of payments GIAC received for after school program fees from September 2012 through February 2013, totaling $40,903, and WHEREAS, GIAC needs to hire part-time/seasonal staff for the afterschool program and summer camp in the amount of $35,253, and WHEREAS, GIAC also needs to increase the Youth Program supplies budget to cover other related costs, by $8250, with the funds for this increase coming from fees that will be collected for the 2013 summer camp; now, therefore, be it RESOLVED, That Common Council hereby amends the 2013 GIAC Youth Program budget as follows: Increase Revenue Account: A7311-2001-01101 Youth Program – Parks and Recreation $43,485 Increase Expenses: A7311-5120-01101 Hourly Part-Time $35,235 A7311-5460-01101 Program Supplies 8,250 A7311-9030 FICA/Medicare 2,695 A7311-9040 Workers’ Compensation 1,762 Total $43,485 Carried Unanimously (9-0) May 1, 2013 7 CITY ADMINISTRATION COMMITTEE: 9.1 Authorization to implement and fund the first instance 100% of the federal aid-eligible costs of a transportation federal-aid project, and appropriating funds therefore - Resolution By Alderperson Proulx: Seconded by Alderperson Dotson WHEREAS, the federal Safe Routes to School (SRTS) Program was created in 2005 on passage of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU), now in its second round of funding in New York, and WHEREAS, the City of Ithaca (the “City”) partnered with the Ithaca City School District to develop a SRTS application and, with the authorization of Common Council, submitted said application to the New York State Department of Transportation (administrators of federal SRTS Program funding in NY) and was subsequently awarded the requested amount of $297,950, and WHEREAS, a project for “Traffic Calming Improvements near Beverly J. Martin Elementary, Fall Creek Elementary and Boynton Middle Schools” (locally referred to as the “Ithaca Safe Routes to School Project”), P.I.N. 375564 (the “Project”), is eligible for funding under Title 23 U.S. Code, as amended, that calls for the apportionment of the costs of such program to be borne at the ratio of 100% federal funds and 0% non- federal funds, and WHEREAS, the City of Ithaca desires to advance the Project by making a commitment for 100% of the non-federal share of the costs for Preliminary Engineering/Design, Construction, Construction Inspection, and Non-Infrastructure Activities, and WHEREAS, the Project consists of Type II Actions, which are not subject to further environmental review, and Unlisted Actions which were reviewed by the Board of Public Works on June 25, 2012 and determined to have no significant negative environmental impacts under the New York State Environmental Quality Review Act and the City of Ithaca Environmental Quality Review Ordinance; now therefore, be it RESOLVED, That the Common Council hereby approves the above-subject Project, and be it further RESOLVED, That the Common Council hereby authorizes the City of Ithaca to pay in the first instance 100% of the federal share of the cost of Preliminary Engineering/Design, Construction, Construction Inspections and Non-Infrastructure Activities work for the Project or portions thereof, and be it further RESOLVED, That the sum of $297,950 is hereby appropriated from the issuance of serial bonds and made available to cover the cost of participation in this phase of the Project, and be it further RESOLVED, That Common Council hereby creates Capital Project # 786, Ithaca Safe Routes to School Project, to include the Project costs of $297,950, and be it further RESOLVED, That in the event the full costs of the Project exceeds the amount appropriated above, the Common Council of the City of Ithaca shall convene as soon as possible to appropriate said excess amount immediately upon the notification by the NYSDOT thereof, and be it further RESOLVED, That the Mayor of the City of Ithaca be and is hereby authorized to execute all necessary Agreements, certifications or reimbursement requests for Federal Aid on behalf of the City of Ithaca with the New York State Department of Transportation in connection with the advancement or approval of the Project and providing for the administration of the Project and the municipality’s first instance funding of Project costs and permanent funding of the local share of federal-aid and state-aid eligible Project costs and all Project costs within appropriations therefore that are not so eligible, and be it further RESOLVED, That this Project be undertaken with the understanding that the final cost of the Project to the City of Ithaca will be roughly 0% of said portion, currently estimated May 1, 2013 8 at $0 of the $297,950 authorized for this phase of the Project, in monies and in-kind services as managed by the Superintendent of Public Works and monitored by the City Controller, and be it further RESOLVED, That a certified copy of this resolution be filed with the New York State Commissioner of Transportation by attaching it to any necessary Agreement in connection with the Project, and be it further RESOLVED, That this Resolution shall take effect immediately. Carried Unanimously (9-0) 9.2 Request to Amend Capital Project 737 - Repairs to Central Fire Station - Resolution By Alderperson Proulx: Seconded by Alderperson Kerslick WHEREAS, Common Council established Capital Project 737 for repairs to the Central Fire Station in the amount of $275,000, and WHEREAS, at this time, CP 737 has a balance of $96,338, and WHEREAS, bids were received on April 8, 2013 for the Central Fire Station HVAC System Upgrades, and WHEREAS, Climate Control Technologies is the apparent low bidder with a bid of $108,890 for construction only, and WHEREAS, award of the contract to Climate Control Technologies will require a total project budget, including all project costs, of $160,000, and WHEREAS, the Board of Public Works approved the project at a recent meeting; now, therefore be it RESOLVED, That Common Council hereby recommends that Capital Project #737 be amended by an amount not to exceed $63,662 for a total project authorization of $338,662, and be it further RESOLVED, That the funds necessary for said amendment be advanced from General Fund with later repayment by the issuance of serial bonds. Carried Unanimously (9-0) 9.3 Authorization of Redemption of Tax Foreclosure Properties - Resolution By Alderperson Proulx: Seconded by Alderperson Brock WHEREAS, the City of Ithaca enforces taxes by foreclosure of its liens, pursuant to New York State Real Property tax law, and WHEREAS, there may be a period of time between the final redemption date according to the foreclosure petition and the final judgment awarding the property to the city, during which the property is owned by the taxpayer; now, therefore, be it RESOLVED, That at the expiration of the redemption period, the City Chamberlain shall add $500 or 10% of the taxes, whichever is greater, to the amount of the delinquent tax liens, as a fee to cover the costs associated with proceeding with the foreclosure process, and be it further RESOLVED, That the City Chamberlain is authorized to allow redemption of the property between the final redemption date and the filing of the judgment papers either upon payment of the full amount of the taxes, penalties, fees, and interest as required by law, or by payment of the appropriate down payment and execution of an installment agreement for the amount of the taxes, penalties, fees and interest as required by law, and be it further RESOLVED, That the City Chamberlain shall not allow redemption of the property nor enter into an installment agreement for the payment of affected delinquent tax liens after the final judgment papers awarding title of the property to the City have been filed with the Court. May 1, 2013 9 City Attorney Lavine explained the process that is in place and advised Common Council to not consider this as a temporary measure. A vote on the Resolution resulted as follows: Carried Unanimously (9-0) 9.4 Authorization for Home Rule Request and Settlement Agreement Regarding Conversion of Firefighter James Crowley’s Retirement Plan with the State of New York to the § 384-d Plan - Resolution By Alderperson Proulx: Seconded by Alderperson Clairborne WHEREAS, Firefighter James Crowley has served the City as a professional Firefighter in excess of 20 years; and WHEREAS, pursuant to New York State Retirement and Social Security Law § 384-d, the State offered an optional twenty (20) year retirement plan for firefighters who choose to enroll in said plan, and WHEREAS, upon commencement of Firefighter Crowley’s employment in March 1989, the paperwork that enrolled him in a retirement plan was filed with the State in a manner that did not enroll him in the § 384-d Plan; and WHEREAS, Conversion of Firefighter Crowley’s retirement plan to the § 384-d Plan would permit him to retire this year, to the mutual benefit of Firefighter Crowley and the City; and WHEREAS, Conversion of Firefighter Crowley’s retirement plan to the § 384-d Plan can only be achieved via special legislation enacted by the State after issuance of a Home Rule request by the City; and WHEREAS, the fiscal implications of said conversion, special legislation, and home rule request will result in the State billing the City in an amount estimated at $99,500, and not to exceed $125,000; and WHEREAS, subject to approval of the Common Council, Firefighter Crowley, the Ithaca Professional Firefighters Association (IPFFA), and the City have negotiated a mutually- satisfactory cost-sharing for Firefighter Crowley’s enrollment conversion into the § 384-d retirement plan, as reflected in a Settlement Agreement dated February 1, 2013, to date signed by Firefighter Crowley and the IPFFA but not by the City; and WHEREAS, said Settlement Agreement specifies that—upon State legislative enactment effectuating Firefighter Crowley’s retirement conversion—Firefighter Crowley will relinquish to the City $78,640 in accrued time and will thereafter retire within 60 days of the City sending him notice of the retirement conversion; and WHEREAS, said Settlement Agreement would therefore leave the City to absorb an estimated $20,860 of the expense of said conversion; AND WHEREAS, the Common Council believes that it would be in the best interest of the City to request the New York State Legislature to adopt such home rule legislation; now, therefore, be it RESOLVED, As follows: 1. The Mayor is hereby authorized to request the New York State Assembly and New York State Senate to enact legislation to allow Firefighter James M. Crowley conversion of his Retirement Plan to the § 384-d Plan under the Retirement and Social Security Law in order to enable Firefighter Crowley’s prompt retirement this year; and 2. The Mayor or his designee is hereby authorized to execute and to submit any documentation or related paperwork that may be required to implement Firefighter Crowley’s retirement conversion to the § 384-d Plan; Carried Unanimously (9-0) May 1, 2013 10 9.5 Brief Update on 2014 Budget priority setting meetings. Alderperson Proulx reported that City Administration Committee members have met with all department heads to hear about their 2014 budget needs. He has also received 8 out of 10 Common Council responses to the questionnaire he distributed. He stated that Alderpersons Brock and Fleming have agreed to take the lead in assembling the information collected and consolidate the Common Council and Department Head priorities. 9.6 City Controller’s Report: City Controller Thayer reported to Common Council on the following items:  The 2011 audit is complete. Auditors will be here in July for the 2012 audit  Work on 2014 budget has begun; the work load for Controller’s office will be intense in the coming months.  Differences in understandings have been encountered between the consultant hired by the health consortium to negotiate with the third party drug administrator – and the members of the consortium. Negotiations with the drug company continue.  The NYS Budget has been approved: AIM funding will remain the same, CHIPS funding has increased; there will be no cap on binding arbitration; a pension stabilization program has been created. After reviewing the details, the Controller will probably recommend to not opt in.  There is an explosion of development occurring; the increased revenues are good, but it is placing a greater demand on staff and infrastructure as a result. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE: 10.1 Cascadilla Boathouse Grant – Resolution By Alderperson Murtagh: Seconded by Alderperson McCollister WHEREAS, Julie Conley Holcomb, duly qualified and Clerk of the City of Ithaca, New York, does hereby certify that the following resolution was adopted at the regular meeting of the Common Council held on May 1, 2013, and is on file and of record, and that said resolution has not been altered, amended, or revoked and is in full force and effect, now therefore be it RESOLVED, That Lynn C. Truame, as Historic Preservation Planner of the City of Ithaca, is hereby authorized and directed to file an application for funds from the New York State Office of Parks, Recreation and Historic Preservation in accordance with the provisions of Title 9 of the Environmental Protection Act of 1993 or the Federal Land and Water Conservation Fund Act of 1965, in an amount not to exceed $75,290, and upon approval of said request to enter into and execute a project agreement with the State for such financial assistance to the City of Ithaca for improvements to the second floor of the Cascadilla Boathouse which will allow occupancy of that space by fewer than fifty users, as further detailed in the grant application, and, if appropriate, a conservation easement/preservation covenant to the deed of the assisted property. Carried Unanimously (9-0) 10.2 An Ordinance Amending The City of Ithaca Municipal Code Chapter 325- 20D, Entitled “Off-Street Parking-General Requirements,” in order to repeal parking maximums in the R1 and R2 Districts A. Declaration of Lead Agency – Resolution By Alderperson Murtagh: Seconded by Alderperson McCollister 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 zoning amendment is an “unlisted” Action pursuant to the City Environmental Quality Review (CEQR) Ordinance, which requires environmental review under CEQR; now, therefore, be it May 1, 2013 11 RESOLVED, That the Common Council of the City of Ithaca does hereby declare itself lead agency for the environmental review of the adoption of an ordinance to repeal amendments to the off street parking ordinance. Alderperson Dotson stated that she would be voting against all the items related to this Ordinance due to the level of complication surrounding the history of this issue. A vote on the Resolution resulted as follows: Ayes (8) Brock, Clairborne, Murtagh, McCollister, Fleming, Kerslick, Mohlenhoff, Proulx Nays (1) Dotson Abstentions (0) Carried (8-1) B. Declaration of Environmental Significance – Resolution By Alderperson Murtagh: Seconded by Alderperson Kerslick WHEREAS, on June 6, 2012, the Common Council of the City of Ithaca adopted an ordinance intended to amend Chapter 325-20 (“Off Street Parking”) of the Municipal Code for the City, and WHEREAS, portions of said ordinance, as written and adopted are unenforceable in their current state; and WHEREAS, having unenforceable regulations is undesirable and can be avoided by a repeal of said ordinance, and WHEREAS, the City of Ithaca is considering an amendment to Chapter 325 of the Municipal Code in order to repeal the amendments to the off street parking ordinance regarding the R1 and the R2 zone, that were adopted by the Common Council on June 6, 2012, and WHEREAS, appropriate environmental review has been conducted, including the preparation of a Short Environmental Assessment Form (SEAF), dated June 30, 2011, and WHEREAS, the proposed action is an “unlisted” Action under the City Environmental Quality Review Ordinance, and WHEREAS, the Common Council of the City of Ithaca, acting as lead agency, has reviewed the SEAF 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 on the Short Environmental Assessment Form, dated June 30, 2011, 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 be 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. Ayes (8) Brock, Clairborne, Murtagh, McCollister, Fleming, Kerslick, Mohlenhoff, Proulx Nays (1) Dotson Abstentions (0) Carried May 1, 2013 12 C. An Ordinance to Amend The City of Ithaca Municipal Code Chapter 325- 20D, Entitled “Off Street Parking-General Requirements,” in order to repeal parking maximums in the R1 and R2 districts By Alderperson Murtagh: Seconded by Alderperson McCollister WHEREAS, on June 6, 2012, the Common Council of the City of Ithaca adopted an ordinance intended to amend Chapter 325-20 (“Off Street Parking”) of the Municipal Code for the City, which included restrictions on the maximum number of parking spaces allowed in the R1 and R2 zoning district, and WHEREAS, the adopted amendments to the Off Street Parking Ordinance have created inconsistencies within the zoning ordinance making it confusing and unenforceable, and WHEREAS, a subcommittee consisting of City staff and Common Council members have begun examining the possibility of eliminating minimum parking requirements citywide, and WHEREAS, the Common Council has determined that, given the inconsistencies with the existing ordinance and the fact that a subcommittee will be evaluating minimum parking requirements citywide, that the adopted ordinance should be repealed and reverted back to the previous regulations regarding off street parking, until such time as the subcommittee evaluation is complete, now, therefore BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows: ORDINANCE 2013- Section 1: Chapter 325-20D(3) entitled “Off-Street Parking-General Requirements” of the City of Ithaca Municipal Code is hereby amended to read as follows: (3) Maximum n Number of off-street parking spaces permitted in R-1 and R-2 districts and number required for all other districts. Section 2: Chapter 325-20.D(3)(c) is hereby deleted in its entirety (c) Maximum number of parking spaces in R-1 or R-2 districts. For each building or use (including parking) on a property within an R-1 or R-2 zoning district, which building or use is newly established, erected or enlarged after the effective date of this section (March 6, 1996), the maximum number of off-street parking spaces permitted shall be two. For buildings that were not newly established, erected or enlarged after March 6, 1996, parking requirements will be determined by review of the property history by the Building Department. Use1 Spaces Required2 Adult day-care home or group adult day-care facility 1 for client use, plus 1 per 2 supervisory staff or employees not residing on the premises Dormitory 1 per 4 persons housed Dwelling unit 1 per 3 bedrooms or sleeping rooms, plus 1 per 2 additional bedrooms or sleeping rooms, plus 1 per additional bedroom or sleeping room in excess of 5 such rooms Fraternity, sorority or group house 1 per 2 persons housed Rooming or boarding house 1 per 3 sleeping rooms Auditorium or theater 1 per 5 seats May 1, 2013 13 Use1 Spaces Required2 Bar, tavern or restaurant 1 per 50 square feet of net floor area of the assembly space Bed-and-breakfast home or bed-and-breakfast inn 1 per guest room1,3 Bowling alley 2 per bowling lane Church, funeral home or mortuary 1 per 10 seating spaces Fitness center or health club 1 per 5 persons allowed as determined by the maximum occupancy load Home occupation requiring special permit 1 space3 Hospital or nursing or convalescent home 1 per 5 patient beds Hotel or motel 1 per guest room Medical or dental office 1 per 250 square feet of net assignable floor area Nursery school, child day- care center or private elementary or secondary school 1 per 2 employees plus 1 per 15 pupils enrolled Office or bank 1 per 250 square feet of net assignable floor area Retail store or neighborhood commercial facility 1 per 500 square feet of net assignable floor area Wholesale or industry 1 per 2 employees on maximum work shift Boat launch 8 per ramp4 Boat storage or repair 1 per 2 employees on maximum shift Boatel 1 per 2 sleeping rooms Marina 1 per 4 berths Yacht club 1 per 4 member families Human service agencies and centers 1 per 250 square feet of floor area NOTES: 1 In the case of mixed use of a building or property, the space requirements shall be computed for each use, and the total requirements for all uses shall be provided in accordance with this section. 2 See also the District Regulations Chart Editor's Note: A copy of the District Regulations Chart is on file in the City Clerk's office. for districts in which off- street parking is not required. 3 Unless the Zoning Board of Appeals, upon consideration of all relevant factors, including but not limited to the easy availability of on-street parking or the expectation that a lesser parking requirement will meet the parking needs May 1, 2013 14 of the use, determines during consideration of the special permit that a lesser off-street parking requirement is appropriate and will not have a negative impact on the surrounding neighborhood. 4 Boat-launching ramps shall maintain 75% of their parking spaces at a size of 10 feet by 40 feet to accommodate boat trailers. Consult the New York State Parks and Recreation Department on space requirements for maneuvering. Section 7. The City Planning and Development Board, the City Clerk and the Planning Department shall amend the zoning map and the district regulations chart in accordance with the amendments made herewith. Section 8. Severability. 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 portion. Section 9. Effective date. This ordinance shall take effect immediately and in accordance with law upon publication of notices as provided in the Ithaca City Charter. Alderperson Dotson stated, for the record, that this law eliminates maximum limits and reinstates minimum requirements. Alderperson Murtagh explained that the idea is to repeal this legislation now, and have a discussion of removing minimum parking regulations city-wide. Discussion followed on the floor regarding the un-enforceability of the current legislation, the need for changes, and the amount of staff time this legislation has consumed. Alderperson Proulx stated that he is inclined to support the legislation in order to support staff in creating enforceable laws; however, he is also inclined not to support the legislation because he doesn’t know what will replace it. Ayes (8) Brock, Clairborne, Murtagh, McCollister, Fleming, Kerslick, Mohlenhoff, Proulx Nays (1) Dotson Carried (8-1) GOVERNMENT PERFORMANCE AND ACCOUNTABILITY COMMITTEE Alderperson Mohlenhoff provided the following update to Common Council:  A future referendum item regarding the consolidation of the Planning and Building departments will be considered by the committee at the May meeting. The process of public education regarding the referendum item will also be discussed.  The next Senior Staff/Common Council retreat session has been scheduled for May 10th and will focus on how to put the strategic themes into action. There will also be a discussion regarding the city’s board and committee structure. NEW BUSINESS: 13.1 Authorization of Revocable License for Congo Square Market – Resolution By Alderperson Dotson: Seconded by Alderperson Clairborne WHEREAS, the Congo Square Market has been operating a weekly, outdoor market for local vendors on City-owned parkland immediately north of the Southside Community Center, on South Plain Street, since 2009, and WHEREAS, the current sponsor of the Congo Square Market, the Southside Community Center Inc. (a not-for-profit corporation that leases a City-owned building), has requested permission to operate the Market at the same location in 2013, on every Friday evening (4:00 p.m. to 8:00 pm) from June 7, 2013, through September 13, 2013; and May 1, 2013 15 WHEREAS, the vendors for the Market are expected to include both small-scale, local entrepreneurs and City-sponsored youth projects; and WHEREAS, pursuant to Chapter 170 of the Municipal Code of the City of Ithaca (Use of City Real Property), such use of City parkland (for an event lasting more than five days at a time or that occurs more than four times over the course of a year) requires the approval of Common Council; now therefore be it RESOLVED, That the Common Council, as it did in 2009, 2010, 2011, and 2012 finds that the proposed Congo Square Market, as described by its sponsor and as experienced in operation over the last four years, constitutes a recreation-related use of the park adjacent to the Southside Community Center, which use, due to its limited duration (i.e., 4 hours at a time, on 15 occasions over the course of the year) and occupancy of only a portion of the park, will not significantly compromise the public’s ability to enjoy the park and in fact could enhance the overall quality of the park’s appeal and benefit to the public; and be it further RESOLVED, That Common Council hereby authorizes the Mayor - upon consultation with the appropriate Department Heads as to form and compliance with all applicable laws, rules and regulations, and upon receipt of a properly completed application from the sponsor - to issue a revocable license to the Southside Community Center permitting such to operate the proposed Congo Square Market in a portion of the City park adjacent to the Southside Community Center on South Plain Street, for the requested period of time (between 4:00 p.m. and 8:00 pm, each Friday between June 7, 2013, through September 13, 2013), and containing the standard terms and conditions of such a license, with regard to liability insurance coverage, indemnification of the City, handling of trash and waste, vendor conduct, amplified sound, and other pertinent matters; and be it further RESOLVED, That as the City has not yet established a regular fee for such seasonal use of its parkland, Council hereby sets a fee of $1.00 for each day of operation of the Congo Square Market, with the total amount due from the sponsor for the requested number of days being $15.00. Carried (8-0) (Alderperson Fleming absent from vote) INDIVIDUAL MEMBER – FILED RESOLUTIONS: 14.1 Alderperson Smith - Resolution to Select Artwork for a Mural Installation on the East Wall of the Seneca Street Parking Garage By Alderperson Murtagh: Seconded by Alderperson Mohlenhoff 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 Kellie Cox-Brday submitted her proposal for a mural titled “Rudbeckia hirta – Black Eyed Susan” as part of the PAC’s Mural and Street Art Program, and WHEREAS, the PAC discussed Ms. Cox-Brady’s mural proposal at its meeting on October 24, 2012 and, upon review of the potential mural sites pre-approved by the Board of Public Works, agreed that the east wall of the Seneca Street Parking Garage would be an appropriate location for the proposed mural, and WHEREAS, the PAC held a public comment period on the proposed mural design and recommended location at its meeting on April 24, 2013 to gather input on the proposed installation, and May 1, 2013 16 WHEREAS, PAC members have also sought input from adjacent property owners and business owners as well as City staff, and the responses to the mural proposal have been positive, and WHEREAS, the artist has raised private funding to finance the mural, and the proposed installation would be budget-neutral to the City, and WHEREAS, at its meeting on April 24, 2013, the Public Art Commission unanimously voted to recommend that the Common Council select the “Rudbeckia hirta – Black Eyed Susan” mural proposal submitted by Kellie Cox-Brady to be installed on the east wall of the Seneca Street Parking Garage; now, therefore, be it RESOLVED, That the City of Ithaca Common Council selects the mural “Rudbeckia hirta – Black Eyed Susan” by Kellie Cox-Brady to be installed on the east wall of the Seneca Street Parking Garage 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 her mural upon the execution of an agreement with the City (as reviewed by the City Attorney). Carried (8-0) (Alderperson Fleming absent from vote) REPORTS OF COMMON COUNCIL LIAISONS: Youth Council – Update: Alderperson Clairborne reported that the Youth Council Advisory Board has been reorganized to improve efficiency. Jen Handy, Youth Council Program Leader, will be leaving soon and will be missed very much. Her replacement will be Marty Schreiber. Search Committee Updates: Mayor Myrick reported as follows: Police Chief: The three finalists are being interviewed by the Mayor; a decision will be made in the next three to four weeks. Superintendent of Public Works: The job notice was just published with applications due sometime in July/August. Youth Bureau Director: Interviews will begin in June. Parking Director: The search committee has reviewed applications and is selecting candidates to interview. The Acting Superintendent of Public Works will be the person to make the final hiring decision. Chief of Staff: This position is unfunded until July. Advertising for the position will begin at the end of May. Other Updates: Alderperson Dotson announced that the “Streets Alive!” event will be held in May and September this year. Alderperson Kerslick announced that he would not be at the June meeting. REPORT OF CITY ATTORNEY: Alderperson Clairborne asked for clarification regarding the City Attorney’s ruling that he could not abstain from voting on the resolution to appoint Johnny Wright to the Community Police Board due to the lack of a conflict of interest. He questioned what rules Council members are supposed to follow – the City Charter versus the Common Council Rules of Procedures. City Attorney Lavine responded that the Common Council Rules of Procedure stand unless they are suspended and are independent of the City Charter. Alderperson Clairborne explained that he is aware of others who have abstained from votes since 2006 for reasons of being unprepared, etc. and not just conflicts of interest. May 1, 2013 17 Alderperson Mohlenhoff reported that the GPA Committee is working on revising and updating Common Council’s Rules of Procedures if this is a topic that needs further review and/or revision. MINUTES FROM PREVIOUS MEETINGS: 19.1 Approval of the April 3, 2013 Regular Common Council Meeting Minutes – Resolution By Alderperson Mohlehoff: Seconded by Alderperson Brock RESOLVED, That the minutes of the April 3, 2013 Regular Common Council Meeting be approved as published. Carried Unanimously (9-0) ADJOURNMENT: On a motion the meeting adjourned at 9:30 p.m. ______________________________ _______________________________ Julie Conley Holcomb, CMC Svante L. Myrick City Clerk Mayor