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HomeMy WebLinkAboutMN-CC-2015-01-07COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 6:00 p.m. January 7, 2015 PRESENT: Mayor Myrick Alderpersons (8) Brock, McGonigal, Murtagh, McCollister, Fleming, Smith, Kerslick, Mohlenhoff OTHERS PRESENT: City Clerk – Conley Holcomb City Attorney – Lavine City Controller – Thayer Human Resources Director – Michell-Nunn Chief of Staff – Sutherland Bridge Engineer - Gebre EXCUSED: Alderpersons (2): Clairborne, Martell PLEDGE OF ALLEGIANCE: Mayor Myrick led all present in the Pledge of Allegiance to the American Flag. Mayor Myrick noted that Alderperson Clairborne was absent tonight because of the recent loss of his mother, Rev. Earline Joyner Clairborne. On behalf of the City of Ithaca, Mayor Myrick expressed his deepest sympathies to Alderperson J.R. Clairborne, Deputy GIAC Director Leslyn McBean Clairborne and their family, and noted that everyone’s thoughts are with them. SPECIAL ORDER OF BUSINESS: 4.1 Appointment of Marriage Officers - Oath of Office: By Alderperson Brock: Seconded by Alderperson Murtagh RESOLVED, That the following Alderpersons be designated as Marriage Officers for the year 2015 : Alderperson Brock Alderperson Clairborne Alderperson Murtagh Alderperson McCollister Alderperson Fleming Alderperson Smith Alderperson Kerslick Alderperson Mohlenhoff Alderperson Martell Carried Unanimously 4.2 Appointment of Acting and Alternate Acting Mayor Mayor Myrick appointed Alderperson Mohlenhoff as Acting Mayor and Alderperson McCollister as Alternate Acting Mayor with terms to expire December 31, 2015. Mayor Myrick thanked both Acting Mayor Mohlenhoff and Alternate Acting Mayor McCollister for their service during 2014 and for agreeing to serve another year, noting that their leadership was called upon several times under stressful conditions when he was out of town or unavailable. He administered the oath of office to each of them. 4.3 Mayor’s State of the City Address: Mayor Myrick presented his 2015 State of the City Address: “The City of Ithaca municipal code dictates that the Mayor shall, at the beginning of each year, address Common Council with “respect to the needs and resources of the city, including such programs and proposals for the good of the city as he/she may wish to recommend.” January 7, 2015 2 The state of the City is strong. 2014 saw its fair share of challenges. At this time one year ago we were battling ice jams with sandbags and backhoes. This summer saw difficult construction projects, a tragic accident in the heart of our City, an IPD pursuit that ended with inflamed tensions. And still, despite these challenges, we’ve made progress. Our economy is growing. Our streets are safe. We’ve rescued ourselves from the brink of a fiscal disaster. We’ve made necessary investments in our infrastructure. We still have work to do. We must continue to grow our economy - and make sure our economy works for everyone. We must adopt a novel approach to an ongoing and serious drug abuse problem. We must improve a fraught relationship between the police and the community they serve. And we must continue to invest in our infrastructure. What’s Working Our economy is moving Sale of unused City owned land generated over $300,000 in revenue and put unused and valuable real estate back on the tax rolls and into productive use. We’ve ushered in important private investments in Coltivare, Cayuga Green II, Stone Quarry Apartments, Marriott Hotel, Rothschild Building renovations and the Lehigh Valley House Condominiums - all receiving building permits and are under construction. Adoption of Collegetown area zoning has sparked a renaissance in that neighborhood. A half dozen projects have been proposed for construction in 2015. Those projects will soak up student demand for housing, greatly increase property tax revenue by investing on the most valuable land in the city, and - thanks to the adoption of form districts - improve the aesthetics of our community by replacing dilapidated housing stock with attractive and appropriate construction. What’s the result: The Ithaca Business Index is a metric maintained by Ithaca College that measure the overall state of our economy. It factors in the number of job openings, new building starts, retail sales and, most importantly the unemployment rate. We ended 2014 with the single highest Business Index score on record. And at the end of 2014 the Ithaca metro area had 70,700 jobs - the highest number ever recorded. Rescued ourselves from brink of fiscal emergency Three years ago we were on the verge of a catastrophe. Our savings had been drawn down each year, our taxes were rising well above any income gains, and our budget had a yawning $3 million budget deficit. We’ve made hard choices. At times, unpopular choices. We streamlined, cut costs, encouraged growth in the private sector, and pursued outside sources of funding aggressively. The result: we are on a firmer fiscal footing. In 2015 we will be able to invest directly in more street paving and a 10% increase in the staffing of our police department - and still the tax rate will come down. Crime Rate Remains Steady Our crime rate remains steady, and lower than our neighboring cities in Upstate New York. January 7, 2015 3 We’ve begun long overdue and major investments in our physical infrastructure We’ve begun long overdue and major investments in our physical infrastructure - rebuilding the water treatment plant, rebuilding the Commons, Old Elmira Road, bridges and streets all over the City - in many cases bringing in millions in outside sources of funding to complete the work. What We Must Do These successes do not obscure our failures. We know that we have work to do. We face challenges and we must learn from our failures and adapt - if we’re going to continue to thrive. We must continue to grow our economy - and make sure the economy works for everyone. We must adopt a novel approach to an ongoing and serious drug abuse problem. We must improve a fraught relationship between the police and the community they serve. And we must continue to invest in our infrastructure. Economic Opportunity Too many Ithacans are having a hard time making ends meet - and the growth we’ve experienced has left too many behind. Past policies have not ensured equal opportunities for growth. A report by the US Conference of Mayor’s points out that, “if average income rises at a faster pace than median income, it usually indicates that more and more income is being concentrated among the richer households." Economic wealth distribution since 2007 in the Ithaca area has been uneven with a shift in wealth towards upper-income households. From 2005 to 2012 the mean household income for the Ithaca area (Tompkins County) increased by 37% while the median household income only increased by 15%. Ithaca ranks 2nd out of all 363 metropolitan areas in this ratio change, meaning income wealth is being shifted to upper income households at a faster rate in Ithaca than almost anywhere else in the nation. Lower and middle income households are failing to keep up with overall income growth. So we must continue to create ladders of opportunity - and make sure everyone has a rung on which to climb. How do we do that? 1. Continuing to encourage the growth of good paying jobs - and provide skills so that Ithacans are prepared to step into those jobs. 2. Continue to encourage housing growth - but make sure new growth fits with our neighborhoods, is aesthetically appropriate, and provides housing opportunities for all income levels. We will continue to support a budding entrepreneurship ecosystem. A successful entrepreneurship ecosystem supports local business at every level with intellectual, physical and financial resources. The Ithaca Generator gives grassroots opportunities to budding inventors to make their idea a reality. Rev Ithaca provides the space and mentorship to turn an idea and a product into a successful and thriving small business. January 7, 2015 4 Grants, loans and abatements through the IURA and Tompkins County IDA provide the boost every business needs at its inception. The City’s CIITAP abatement program Our CIITAP abatement program has successfully incentivized the kind of development we need - but it has caused concern that not enough community benefits are being attained. It’s time to explore reforming the program and adopting an abatement policy that incentivizes growth, benefits all segments of our community, and is consistent with every community in the county. To that end I will be asking the Tompkins County IDA to work with the City and our partner municipalities to devise a policy that applies to everyone. Continue to support Coltivare and the Hospitality Employment Training Program We must continue to support Coltivare and the Hospitality Employment Training Program. Our service sector provides secure employment and an entry into good, middle class jobs. Coltivare, the new venture from Tompkins Cortland Community College is a farm to table bistro that functions as a real life learning laboratory for students in agriculture, the culinary arts, marketing and management. This affordable and accessible education will provide a boost into good paying and secure careers. Housed at GIAC the Hospitality Employment Training Program is in its second year. It provides residents 18-30 years old who are currently under-employed or unemployed a path to a fulfilling career with a hotel, restaurant or spa. The program includes free training and a paid internship in the area of front office, food and beverage, clerical, maintenance, housekeeping, and management. Lowering the Cost of Living Gainful employment is only one indicator of economic well- being. The cost of living is the other - and in Ithaca the cost of living is too high because the rents are too high and the taxes are too high. We must do everything within our power to make renting and owning a home in Ithaca more affordable. Rents are too high because supply is too limited. A vacancy rate of below 1 percent means that competition for space is heated - and those with the highest incomes are winning the competition. Bringing down costs means increasing the supply of housing at every income level. Apartments, condos, and homes are needed at both market and subsidized rates. The changes to zoning in downtown and Collegetown have sparked growth already, and when those homes open their doors we will see a stabilizing of rents. Affordable housing projects at Breckenridge, Stone Quarry, and Hancock will also increase opportunities for the working class to live in the heart of the city. What we must do now is ensure that the new growth does not disrupt what is valuable about our neighborhoods. In 2015 we have two opportunities to accomplish this. First, finally adopt a comprehensive plan that will inform the future of growth and preservation in our City. Second, adopt Collegetown Form Standards that will ensure that new growth is aesthetically appropriate. January 7, 2015 5 Reforming our Approach to Drugs The forty year old war on drugs has been costly and ineffective. A national strategy that’s put millions of people - disproportionately men of color - in prison has done nothing to reduce usage. Across the country and here in Ithaca the effect of that failure is felt acutely. Abuse of drugs has led to overdoses, property crimes, loss of productivity, and the tearing apart of families. It’s time for a new approach to drug policy - an approach that’s based in reason, logic, and effective results. It’s time for an approach that treats the problem of drugs as a problem of public health. To that end I’ve been working behind the scenes with the Drug Policy Alliance, a national non-profit specializing in policy reform and Bill Rusen the Executive Director of Cayuga Addiction Recovery Services for the last seven months. I’ve asked Mr. Rusen to chair a large committee of community stakeholders across all sectors. Law enforcement, healthcare, education, social services, non-profits and the private sector. That committee has worked earnestly and without publicity for months. Together they’ve created the groundwork for an approach that will break drug policy into four pillar areas: law enforcement, treatment, prevention and harm reduction. In the coming months they’ll be asking for more community involvement. Roundtables, surveys and community meetings will elicit input from the people most impacted by the drug trade, drug abuse, and the war on drugs. This spring they will deliver to us a comprehensive set of policy recommendations that, if adopted, will reduce the impact of drug abuse on our community. Police and Community Ithaca remains one of the safest cities in the country and the excellence and professionalism of Ithaca Police Department is a large reason for that security. But relations between the department and some segments of the community are strained. On August 10th of this year an Ithaca Police officer drew his weapon following a chase with several young black teens. The incident has drawn a great deal of community concern. This concern is warranted - particularly in a larger context that includes Michael Brown’s death in Ferguson, Missouri, Eric Gardner’s death in New York City, the unrest around the country following grand jury decisions not to prosecute officers, officers involved in those shootings and a long history of violence and mistrust between the police and the black community. After meeting repeatedly with parents, teens, religious leaders, members of the Common Council, community leaders, peers in other communities, reviewing the latest literature and working closely with Chief John Barber, I developed an eight point plan for excellence in policing. Those points include: 1- Cameras on officers and in cars 2 - City Residency Requirement 3 - Community Action Team 4 - Downtown Outreach Social Worker 5 - Opening a district office on the west end 6 - Full review of all policies and procedures 7 - Ten percent increase in police staffing 8 - Improved community outreach programming January 7, 2015 6 Implementation of these points are all proceeding, and will undoubtedly establish trust, increase accountability, and improve outcomes. But no one single plan can repair a problem so complex and longstanding. We must all; civic leaders, City staff, community members, and police officers, commit ourselves every day to improving this important relationship. Highest Quality Infrastructure and Service Delivery We must do all of these things - but never lose sight of what our core purpose as a City government. We must deliver the highest quality infrastructure and service delivery. Clean water, safe neighborhoods, smooth roads, fast response times. If we provide these things than Ithacans can build lives of purpose and satisfaction for themselves and their families. Without them, we don’t have a City worth living in. High quality infrastructure requires investment. It requires novel thinking. And it requires construction dust. We’ll make that investment this year by putting hundreds of thousands of dollars into street paving. 2015 will be the year of asphalt. Our streets will get repair that is long overdue - and we must use every communication channel available to us to get the word out about disruption. We’ll also be finishing the Commons in 2015. Delayed in 2014 because of an unbelievably complex set of underground utilities, a lack of cooperation from a utility service provider, and the tragic accident at Simeon’s - we have made completing the work and helping businesses through the construction a priority. Once finished the Commons will be the jewel of upstate New York. A beautiful place to live and work, and a destination for tourists and their dollars. We’ve used novel thinking in creating our sidewalk and stormwater utility districts. Funded not by taxes - but by fees - these districts will allow us to make larger investments in infrastructure repair while more fairly apportioning the costs of these upgrades to large commercial properties and non- profits. This year will also see the completion of Old Elmira Road, the Waterfront Trail, pedestrian enhancements at crucial intersections all over the City, and the continuation of the largest infrastructure project in the City of Ithaca’s history - the rebuild of the water treatment plant. It is an appropriately ambitious agenda, and we will accomplish it all with the stewardship of Council, the expertise of the Board of Public Works, and the excellent leadership of Superintendent Mike Thorne and his team in the Department of Public Works. Conclusion The State of the City is strong - but as always our success is fragile. We’ve seen how it can be interrupted by acts of nature, or acts of violence. The stability of a neighborhood threatened by an ungodly cold and a rush of water. An uneasy calm erupts after a late night stop. Our sense of security shattered when a hole is ripped in the heart of the City in one terrible instant. But as Dostoyevsky knew, ‘the darker the night, the brighter the stars the deeper the grief, the closer is God!’ Like the stars shining brightly against the darkness, our strength is revealed by our ability to weather hardship. January 7, 2015 7 Our strength is revealed by Alderperson Mohlenhoff, over 100 volunteers and city staff working around the clock filling and delivering sandbags to protect our neighbors’ homes from flooding. Our strength is revealed by a community and a police department that does not turn our backs on each other, does not draw lines in the sand and does not retreat from dialogue in difficult times - but continues to engage and talk no matter how fraught the conversation. Our strength is revealed by a community-wide effort to lift the family of the late Amanda Bush, taken from us too soon. Their philanthropy, their love, and their support. Our strength is undeniable - and if we invest, if we grow in a way that benefits everyone, if we lead the way with new approaches to old problems, if we make the hard choices and if we bring Ithacans together - the state of the City of Ithaca will continue to be strong.” PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: Joel Harlan, Town of Newfield, shared his ideas on economic development and construction in downtown. PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR: Mayor Myrick responded to Mr. Harlan’s suggestion of an underground utility tunnel and how utility repairs will be more efficient and less disruptive with the new Commons design. Alderperson McGonigal complimented the Mayor on an excellent State of the City Address and stated that he is looking forward to working on the CIITAP policy. He stated that one of his goals is to promote the use of local labor on development projects. He further highlighted the tragedy in Danby last week involving a local man barricaded in his home while Tompkins County Sheriff Deputies tried to serve him with a warrant. He noted that a husband and father was lost in that incident, and the family is now homeless. He encouraged people to make contributions to the Danby Federated Church to assist the family and also noted that a benefit dinner is being planned in the upcoming weeks. CONSENT AGENDA ITEMS: 8.1 Finance/Controller - Designation of Official Newspaper - Resolution By Alderperson Smith: Seconded by Alderperson Mohlenhoff RESOLVED, That, pursuant to Section C-113 of the City Charter, the Ithaca Journal be and is hereby designated as the official newspaper of the City of Ithaca for the year 2015. Carried Unanimously 8.2 Finance/Controller - Collateral to Secure Deposits - Resolution By Alderperson Smith: Seconded by Alderperson Mohlenhoff RESOLVED, That the collateral deposited by the Tompkins Trust Company, JP Morgan Chase and M & T Bank as reported, be approved as to form and sufficiency. Carried Unanimously 8.3 Finance/Controller - Public Employee's Blanket Bond - Resolution By Alderperson Smith: Seconded by Alderperson Mohlenhoff RESOLVED, That pursuant to Section 11 of the Public Officers Law, the following Bond, which is on file in the Office of the City Clerk, be, and is hereby approved in all respects for the year 2015. Faithful Performance Blanket Bond Coverage by Travelers Insurance Company $100,000 Carried Unanimously January 7, 2015 8 8.4 Finance/Controller - Designation of Common Council Meetings - Resolution By Alderperson Smith: Seconded by Alderperson Mohlenhoff RESOLVED, That the regular meetings of the Common Council, for the year 2015, be held at 6:00 P.M., on the first Wednesday of each month, in the Common Council Chambers, at City Hall, 108 East Green Street, Ithaca, New York, unless otherwise determined by Common Council. Carried Unanimously 8.5 Finance/Controller - Designation of Official Depositories - Resolution By Alderperson Smith: Seconded by Alderperson Mohlenhoff RESOLVED, That pursuant to Section C-34 of the City Charter, the Tompkins Trust Company, the JP Morgan Chase Bank and the M & T Bank be, and they are, hereby designated as the official depositories of all City Funds for the year 2015. Carried Unanimously 8.6 Common Council - Approval of 2015 Travel Policy - Resolution By Alderperson Smith: Seconded by Alderperson Mohlenhoff WHEREAS, there is to be held during the coming official year a) the New York State Conference of Mayors Annual Meeting and Training School; b) the New York State Conference of Mayors Fall Training School for Fiscal Officers and Municipal Clerks, and other national and regional conferences as applicable, and WHEREAS, it is determined by the Mayor and Common Council that attendance by certain municipal officials and City employees at one or more of these meetings, conferences or schools benefits the municipality; now, therefore, be it RESOLVED, That Common Council, the Mayor and City employees are hereby authorized to attend said conferences or other applicable training events during 2015, and be it further RESOLVED, That the cost for all events must be derived from existing 2015 Departmental Budgets with appropriate approvals obtained as applicable, and be it further RESOLVED, That this resolution shall take effect immediately. Carried Unanimously 8.7 Authorization to Adjust FY 2015 Sidewalk Improvement District Assessment Fees By Alderperson Smith: Seconded by Alderperson Mohlenhoff WHEREAS, the Fiscal Year 2015 budget includes a local law that assesses each property in the City located in one of five Sidewalk Improvement Districts (each an “SID”) for the benefit received by the property from sidewalk construction and repair occurring in the district, and WHEREAS, the data on which the assessments are based is possessed and maintained by the Tompkins County Department of Assessment, and WHEREAS, the sidewalk assessment fees will be included as a separate line item on the tax bills mailed by the City, and WHEREAS, due to incorrect data or other clerical error, from time to time an incorrect assessment may be entered with respect to a parcel, and WHEREAS, Section 556 of the Real Property Tax Law authorizes a governing body to delegate the payment of benefit assessment refunds due to these errors, and WHEREAS, the Tompkins County Director of Assessment has requested that the City designate the City Chamberlain as the official to whom such delegation is made, and January 7, 2015 9 WHEREAS, it is the opinion of the Common Council that the delegation to the City Chamberlain would be more efficient in processing said refunds and therefore beneficial to the public; now therefore be it RESOLVED, That the City Chamberlain shall review and discuss refund recommendations with the Tompkins County Director of Assessment, and be it further RESOLVED, That the City Chamberlain is hereby authorized to make payments of any refunds of less than $500 as if the Common Council had performed an audit in compliance with Paragraphs 1-7 of Section 565 of the Real Property Tax Law, and be it further RESOLVED, That any refund of $500 or more must be approved by the Common Council pursuant to Paragraph 8(b) of Section 556 of the Real Property Tax Law, and be it further RESOLVED, That the City Chamberlain shall transmit on or before the 15th day of each month a report to the Common Council of all the refunds processed during the previous month, and be it further RESOLVED, That this resolution shall only be in effect during the calendar year 2015. Carried Unanimously 8.8 YB - Approval of Capital Project for Repairs and Upgrades to Stewart Park Large Pavilion Bathrooms By Alderperson Smith: Seconded by Alderperson Mohlenhoff WHEREAS, the restrooms in the Large Pavilion at Stewart Park are in need of repair and were closed and unavailable to the public last summer, and WHEREAS, City staff are recommending repairs as well as improvements so that they are fully accessible, replacement of antiquated fixtures along with structural and other upgrades, and WHEREAS, these restrooms are needed by both the Stewart Park Day Camp and the general public, and WHEREAS, funding is available that will cover a portion of the cost as follows: Friends of Stewart Park/County Tourism Grant: $20,000.00 Town of Ithaca (Additional funding for Waterfront Parks and Recreation Facilities): $28,000.00, and WHEREAS, the estimated cost of this project is about $78,000.00; now, therefore, be it, RESOLVED, That Common Council hereby establishes Capital Project #817 in the amount not to exceed $78,000 in order to complete repairs and upgrades of the Stewart Park Large Pavilion restrooms to be funded as follows: Friends of Stewart Park/County Tourism Grant: $20,000.00 Town of Ithaca (Additional funding for Waterfront Parks and Recreation Facilities): $28,000.00 Capital Reserves #11 Parks: $30,000.00 Carried Unanimously 8.9 DPW - Recommendation to Establish a Capital Project and Funding to Replace the Water Main on Willard Way By Alderperson Smith: Seconded by Alderperson Mohlenhoff WHEREAS, the City’s water main on Willard Way is 80 years old, originally constructed in 1935, supplies eleven (11) customer water services and consists of 570-linear feet of 4-inch diameter cast iron pipe through which less than 100-gpm of water can be supplied, indicating the pipe is very heavily tuberculated (lots of lumpy mineral and iron January 7, 2015 10 nodules deposited on pipe walls) with a substantially reduced cross section, typical of a pipe long past its replacement due date, and WHEREAS, the City DPW Water & Sewer Division conducted a fire flow test on the water main on Willard Way upon request received from engineers for 230 Willard Way designing a fire line connection and sprinkler systems for fire protection to be installed, and WHEREAS, the fire flow test conducted showed that the existing water main on Willard Way was not capable of supplying adequate fire flow to either the existing municipal fire hydrant, or private fire service lines to meet the current and future needs of customers on Willard Way, and WHEREAS, cleaning or lining the existing 4-inch diameter water main is not an option, since a minimum of a new 6-inch diameter water main will be necessary to enable fire flows meeting current standards, and WHEREAS, City Department of Public Works Water & Sewer Division staff have estimated the maximum cost for replacement to be $80,000, and WHEREAS, City Department of Public Works Water & Sewer Division staff estimates crews could complete this work in six to eight weeks during the time frame from late Fall 2014 to early Spring 2015, and WHEREAS, City crews have determined that this project is a priority and previously approved Water and Sewer projects will be delayed so this project can be completed, and WHEREAS, monies from Capital Project #518 and #522 can be used to supply the needed funds for this project, and WHEREAS, that the Board of Public Works unanimously resolved at the November 10, 2014, meeting to recommend that Common Council establish a Capital Project with funding not to exceed $80,000 to facilitate the construction of a replacement water main on Willard Way; now therefore be it RESOLVED, That Common Council hereby establishes Capital Project #526 with funding not to exceed $80,000 to facilitate the construction of a replacement water main on Willard Way, and be it further RESOLVED, That monies needed for said project shall be derived from the transfer of remaining funds in Capital Project #518 and #522, in an amount not to exceed $80,000 to Capital Project #526 Water Main Replacement on Willard Way. Carried Unanimously CITY ADMINISTRATION COMMITTEE: 9.1 Approval of Carey Building Associates, LLC Easement over 320-324 E. Martin Luther King Jr./E. State Street (tax parcel #69.-1-6.2) By Alderperson Mohlenhoff: Seconded by Alderperson McCollister WHEREAS, the City of Ithaca owns a parcel of land, 69.-1-6.2, located at 320-324 E. Martin Luther King Jr./E. State Street (“the City Property”), on which part of a City parking lot is located, and WHEREAS, the City Property shares its western lot line with 314-320 E. Martin Luther King Jr./E. State Street (“CBA Property”), which is owned by Carey Building Associates, LLC (“CBA”), and WHEREAS, the eastern edge of the existing improvement on the CBA Property is on the property line, and a portion of the improvement encroaches onto the City Property, and January 7, 2015 11 WHEREAS, CBA is undertaking the construction of five additional stories on top of the existing improvements on the CBA Property, which requires the construction of footers that will encroach on the City Property, and WHEREAS, the CBA Property possesses a purported twelve foot wide right of way over the City Property immediately adjacent to the shared property line for the purpose of ingress and egress, and WHEREAS, CBA desires to install larger windows on the eastern face of the new construction, and the Planning Board has expressed its desire that CBA do so, but state fire code requires a gap between potential buildings of at least ten feet for the windows in question, and WHEREAS, the fire code distance requirement would be satisfied by the granting of an easement from the City to CBA of the air rights over the right of way, and WHEREAS, on August 18, 2014, the Board of Public Works determined that the City Property is not needed for City of Ithaca public works purposes, and WHEREAS, CBA has agreed to pay fair market value of $55,000 for the encroachment and air rights, now therefore be it RESOLVED, That Common Council authorizes the Mayor, upon the advice of the City Attorney, to execute such documents as necessary to grant the above-described permanent easement in such form as substantially conforming to the attached agreement. City Attorney Lavine explained proposed changes to the agreement which clarifies that the granted utility easement is to facilitate the underground electrical service. Amending Resolution By Alderperson McGonigal: Seconded by Alderperson Kerslick RESOLVED, That Common Council approves the amendments to the permanent easement agreement between the City of Ithaca and Carey Building Associates, LLC as described and circulated by the City Attorney. Carried Unanimously Main Motion as Amended A vote on the Main Motion as Amended resulted as follows: Carried Unanimously 9.2 DPW - Lake Street Public Plaza Enhancements By Alderperson Mohlenhoff: Seconded by Alderperson Murtagh WHEREAS, Currently the City of Ithaca Department of Public Works has undertaken a project to rehabilitate Lake Street Bridge over Fall Creek, and WHEREAS, the project for the rehabilitation of the Lake Street Bridge Over Six Mile Creek, P.I.N. 375534 (“the Project”) is eligible for funding under Title 23 U.S. Code as administered by the Federal Highway Administration (FHWA) that provides for reimbursement of up to 80% of expenditures incurred by the City for rehabilitation of the bridge, and WHEREAS, the City of Ithaca established Capital Project #791 for the Project in the amount of $1,464,250, and WHEREAS, Department of Public Works Staff recommends Lake Street Public Plaza safety improvements and aesthetic enhancements (the “Enhancements”) to the existing public plaza located at Southeast corner of Lake Street Bridge over Fall Creek, and WHEREAS, the Enhancements are not included in the project budget and is not eligible for reimbursement by the FHWA, and WHEREAS, the estimated additional cost to design the Enhancements is $30,000, and January 7, 2015 12 RESOLVED, That Common Council authorizes Public Works Staff to undertake the design of said “Enhancements” as part of Lake Street Bridge Rehabilitation Project, and therefore be it further RESOLVED, That Common Council here by approves an increase of Capital Project #791, Lake Street Bridge Rehabilitation Project by an amount not to exceed $30,000, for a total project authorization of $1,494,250, and be it further RESOLVED, That funds needed for said amendments shall be derived from the issuance of Serial Bonds with possible reimbursement from various Federal, State or local aid sources. Alderperson Mohlenhoff clarified that only the design costs of the project are being approved now as the City is awaiting word of potential outside funding sources for the construction of this project. Alderperson McGonigal requested that the engineers strive for a “bare bones” design with optional alternatives so Common Council can make decisions based on how much money it wants to spend on this project. Alderperson McCollister shared remarks made by the Natural Areas Committee and City Forester Jeanne Grace in which they believe some of the landscaping work can be done in-house and thereby saving money. Bridge Engineer Gebre confirmed that he is pursuing all ideas for savings through in-house work. Alderperson Brock shared her concerns regarding contamination, testing, and remediation of the soil in the area. She stated that the plaza enhancements should be designed as an add/drop component of the project. She further questioned how the area would be monitored for illegal swimming activities as the enhancements will make the site more attractive and might encourage more swimmers. She noted that the fatalities that have occurred at that site over the years demonstrate the inherent danger of the area. Further discussion followed on the use of approximately $11,000 from the Sidewalk Improvement District and the criteria of eligibility for parks and natural areas. Alderperson Fleming voiced her preference that the area be preserved more as a wild natural area and less as a developed and groomed park. A vote on the Resolution resulted as follows: Carried Unanimously Mayor Myrick thanked Bridge Engineer Gebre for the initiative he has taken to seek improvements to this iconic area and tourist destination in the City, instead of simply focusing on the replacement of the bridge. 9.3 Adoption of Management Compensation Plan By Alderperson Mohlenhoff: Seconded by Alderperson Smith WHEREAS, the City of Ithaca wishes to implement a compensation structure for managerial employees that is based on an objective job evaluation system, achieves both internal and external equity, and addresses existing compression issues, and WHEREAS, Public Sector Human Resources Consultants LLC and the Human Resources Department have recommended the adoption of a point factor evaluation system and corresponding compensation structure for managerial employees, and WHEREAS, in recognition of the substantial additional responsibilities taken on by the City Clerk as a result of that position’s oversight of the consolidated Department of Public Information and Technology, which consolidation occurred after Public Sector Human Resources Consultants LLC recommended a compensation structure for managerial employees, Common Council now wishes to remove the position of City Clerk from the Managerial Compensation Plan in order more accurately to account for the duties resulting from that departmental consolidation; now therefore, be it January 7, 2015 13 RESOLVED, That the 2015 Managerial Compensation Plan and the point factor evaluation system be adopted and implemented effective retroactive to January 1, 2015, in accordance with the implementation schedule recommended by the Human Resources Department in the attached Memorandum dated October 22, 2014, and be it further RESOLVED, That the option to cash-in unused annual leave shall be suspended for managerial employees in 2015 and 2016, and the funds budgeted for this purpose shall be reallocated toward the implementation of the Managerial Compensation Plan; provided, however, that any managerial employee who does not receive any salary increase throughout the full implementation period of the compensation study shall retain the option to cash in annual leave, and be it further RESOLVED, That new employees shall be hired at the first salary step applicable to their position, unless the Mayor, based on the academic and experiential credentials of the candidate, shall deem a different salary step more appropriate, with subsequent step movement occurring annually for each employee on the employee's anniversary date in the employee's current job title, until the employee reaches the maximum step, at which time step movement shall cease, and be it further RESOLVED, That employees who are promoted to or within the Managerial Compensation Plan shall be assigned to the lowest salary step that results in a salary increase, with subsequent step movement occurring annually for each employee on the employee’s anniversary date in the employee’s current job title, until the employee reaches the maximum step, at which time step movement shall cease, and be it further RESOLVED, That with the exception of current employees whose current salaries are being grandfathered, no employee shall earn a salary greater than the maximum step for the employee’s position, and be it further RESOLVED, That notwithstanding any other provision of this Resolution, the position of City Clerk shall be omitted from the 2015 Managerial Compensation Plan and the point factor evaluation system, and shall be compensated at a level indexed to Grade 10 of the 2015 Managerial Compensation Plan, with step assignments and step progression according to the same implementation schedule as implemented for said Plan, and be it further RESOLVED, That Common Council hereby directs the City Controller to release funds placed in Restricted Contingency as part of the 2015 Authorized Budget for the Management Compensation Plan and allocate said funds to various Departments as applicable. Mayor Myrick cited the memo he distributed to Council members regarding proposed changes to the vacation buy-out component of the plan. He explained that the proposed new language of the Resolution would allow employees not receiving increases to continue to buy-out their vacation time under certain conditions. Amending Resolution: By Alderperson Murtagh: Seconded by Alderperson Smith RESOLVED, That the second Resolved clause be amended to read as follows: “RESOLVED, That the option to cash-in unused annual leave shall be suspended for managerial employees in 2015 and 2016, and the funds budgeted for this purpose shall be reallocated toward the implementation of the Managerial Compensation Plan; provided, however, that any managerial employee who does not receive any salary increase throughout the full implementation period of the compensation study shall retain the option to cash in annual leave, is scheduled to receive a smaller cumulative increase across the full term of the five steps of the Managerial Compensation Plan (an employee’s “Cumulative Increase”) than the value of cashed-in annual leave that would have been permitted (“Cash-In Eligibility”) absent the suspension enacted by this paragraph shall retain the option to cash in annual leave up to a cumulative total January 7, 2015 14 amount (for 2015 and 2016 combined) equal to the difference between that employee’s Cash-In Eligibility and her or his Cumulative Increase, and be it further” Carried Unanimously Alderperson Brock voiced her concern that the structure of the plan does not reward seniority. Eventually, employees in the same title/grade are compensated at the same base salary regardless of seniority. Alderperson McGonigal clarified that the adoption of this Resolution only funds the plan through 2015 and anything beyond that would require a further action of Common Council. A vote on the Resolution resulted as follows: Carried Unanimously Mayor Myrick thanked Human Resources Director Michell Nunn and her staff for the development of this plan, along with City Controller Thayer, City Attorney Lavine, and Chief of Staff Sutherland for their contributions. 9.4 A Resolution Authorizing the Issuance of $6,042,460 Bonds of the City of Ithaca, Tompkins County, New York, to Pay the Cost of Certain Capital Improvements in and for said City. By Alderperson Mohlenhoff: Seconded by Alderperson McCollister WHEREAS, all conditions precedent to the financing of the capital projects hereinafter described, including compliance with the provisions of the State Environmental Quality Review Act, have been performed; and WHEREAS, it is now desired to authorize the financing of such capital projects; now, therefore, BE IT RESOLVED, by the affirmative vote of not less than two-thirds of the total voting strength of the Common Council of the City of Ithaca, Tompkins County, New York, as follows: Section 1. For the object or purpose of paying the cost of certain capital improvements in and for the City of Ithaca, Tompkins County, New York, there are hereby authorized to be issued $6,042,460 bonds of said City pursuant to the provisions of the Local Finance Law, apportioned among such capital improvements in accordance with the maximum estimated cost of each. The capital improvements to be financed pursuant to this bond resolution, the maximum estimated cost of each, the amount of bonds to be authorized therefore, the period of probable usefulness of each, and whether said capital improvements are each a specific object or purpose or a class of objects or purposes, including in each case incidental improvements, equipment, machinery, apparatus, appurtenances, furnishings and/or expenses in connection therewith, are as follows: a) Construction of and reconstruction to various streets throughout and in and for said City, at a maximum estimated cost of $204,000. It is hereby determined that the plan for the financing of such class of objects or purposes shall consist of the issuance of $204,000 of the $6,042,460 bonds of said City authorized to be issued pursuant to this bond resolution. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is 15 years, pursuant to subdivision 20(c) of paragraph a of Section 11.00 of the Local Finance Law; b) Reconstruction of and construction of improvements to the Seneca Street parking garage (Phase 4), in and for said City, at a maximum estimated cost of $1,080,000. It is hereby determined that the plan for the financing of such specific object or purpose shall consist of the issuance of $1,080,000 bonds of the $6,042,460 bonds of said City authorized to be issued pursuant to this bond resolution. It is hereby determined that the period of probable usefulness of the January 7, 2015 15 aforesaid specific object or purpose is 25 years, pursuant to subdivision 12(a)(1) of paragraph a of Section 11.00 of the Local Finance Law; c) The purchase of various vehicles and equipment items, at an aggregate maximum estimated cost of $913,460, allocated as follows: (i) Purchase of equipment for maintenance purposes, each item of which costs $30,000 or more, for said City, at an aggregate maximum estimated cost of $812,460. It is hereby determined that the plan for the financing of such class of objects or purposes shall consist of the issuance of $812,460 bonds of the $6,042,460 bonds of said City authorized to be issued pursuant to this bond resolution. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is 15 years, pursuant to subdivision 28 of paragraph a of Section 11.00 of the Local Finance Law; (ii) Purchase of police cars to replace those in service for one year or more, for said City, at a maximum estimated cost of $51,000. It is hereby determined that the plan for the financing of such class of objects or purposes shall consist of the issuance of $51,000 bonds of the $6,042,460 bonds of said City authorized to be issued pursuant to this bond resolution. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is 3 years, pursuant to subdivision 77(1st) of paragraph a of Section 11.00 of the Local Finance Law; and (iii) Purchase of equipment for maintenance purposes, each item of which costs more than $15,000 but less than $30,000, for said City, at an aggregate maximum estimated cost of $50,000. It is hereby determined that the plan for the financing of such class of objects or purposes shall consist of the issuance of $50,000 bonds of the $6,042,460 bonds of said City authorized to be issued pursuant to this bond resolution. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is 15 years, pursuant to subdivision 28 of paragraph a of Section 11.00 of the Local Finance Law. d) Purchase of a replacement pumper fire-fighting vehicle, for said City, including incidental equipment, at a maximum estimated cost of $550,000. It is hereby determined that the plan for the financing of such specific object or purpose shall consist of the issuance of $550,000 bonds of the $6,042,460 bonds of said City authorized to be issued pursuant to this bond resolution. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is 20 years, pursuant to subdivision 27 of paragraph a of Section 11.00 of the Local Finance Law; e) Additional costs for the design for the replacement of the Brindley Street Bridge (Phase 2), in and for said City, at a maximum estimated cost of $303,000. It is hereby determined that the plan for the financing of such specific object or purpose shall consist of the issuance of $303,000 bonds of the $6,042,460 bonds of said City authorized to be issued pursuant to this bond resolution; provided, however, that to the extent that any Federal or State grants-in-aid are received for such specific object or purpose, the amount of bonds to be issued pursuant to this resolution shall be reduced dollar for dollar. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is 5 years, pursuant to subdivision 62(2nd) of paragraph a of Section 11.00 of the Local Finance Law; f) Study of City-wide drainage and dredging issues, in and for said City, at a maximum estimated cost of $153,000. It is hereby determined that the plan for the financing of such specific object or purpose shall consist of the issuance of $153,000 bonds of the $6,042,460 bonds of said City authorized to be issued pursuant to this bond resolution. It is hereby determined that the period of January 7, 2015 16 probable usefulness of the aforesaid specific object or purpose is 5 years, pursuant to subdivision 62(2nd) of paragraph a of Section 11.00 of the Local Finance Law; g) Six Mile Creek Wall Replacement at South Cayuga Street, in and for said City, including design, demolition and reconstruction of reinforced retaining wall, at a maximum estimated cost of $100,000. It is hereby determined that the plan for the financing of such specific object or purpose shall consist of the issuance of $100,000 bonds of the $6,042,460 bonds of said City authorized to be issued pursuant to this bond resolution. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is 30 years, pursuant to subdivision 22 of paragraph a of Section 11.00 of the Local Finance Law; h) Purchase of an online application software system for Human Resources, for said City, at a maximum estimated cost of $51,000. It is hereby determined that the plan for the financing of such specific object or purpose shall consist of the issuance of $51,000 bonds of the $6,042,460 bonds of said City authorized to be issued pursuant to this bond resolution. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is 5 years, pursuant to subdivision 32 of paragraph a of Section 11.00 of the Local Finance Law; i) Phase II of Comprehensive Master Plan for development, for said City, at a maximum estimated cost of $83,000. It is hereby determined that the plan for the financing of such specific object or purpose shall consist of the issuance of $83,000 bonds of the $6,042,460 bonds of said City authorized to be issued pursuant to this bond resolution. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is 5 years, pursuant to subdivision 64 of paragraph a of Section 11.00 of the Local Finance Law; j) Heating, ventilating and air-conditioning upgrades and improvements for the Police Department Building, including design and asbestos abatement, replacement of air handling units, air cooled condensing unit and all pneumatic controls, in and for said City, at a maximum estimated cost of $120,000. It is hereby determined that the plan for the financing of such specific object or purpose shall consist of the issuance of $120,000 bonds of the $6,042,460 bonds of said City authorized to be issued pursuant to this bond resolution. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is 10 years, pursuant to subdivision 13 of paragraph a of Section 11.00 of the Local Finance Law; k) Replacement and upgrade of storage and related elements of the computer data network, including hardware and software, in and for said City, at a maximum estimated cost of $121,000. It is hereby determined that the plan for the financing of such specific object or purpose shall consist of the issuance of $121,000 bonds of the $6,042,460 bonds of said City authorized to be issued pursuant to this bond resolution. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is 5 years, pursuant to subdivision 32 of paragraph a of Section 11.00 of the Local Finance Law; l) Replacement of roof at the Streets and Facilities Building, in and for said City, at a maximum estimated cost of $231,000. It is hereby determined that the plan for the financing of such specific object or purpose shall consist of the issuance of $231,000 bonds of the $6,042,460 bonds of said City authorized to be issued pursuant to this bond resolution. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is 25 years, pursuant to subdivision 12(a) of paragraph a of Section 11.00 of the Local Finance Law; January 7, 2015 17 m) Reconstruction of 500 Block of South Plain Street, including new curb and drainage structures, in and for said City, at a maximum estimated cost of $98,000. It is hereby determined that the plan for the financing of such specific object or purpose shall consist of the issuance of $98,000 bonds of the $6,042,460 bonds of said City authorized to be issued pursuant to this bond resolution. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is 15 years, pursuant to subdivision 20(c) of paragraph a of Section 11.00 of the Local Finance Law; n) Design and construction of the Southside Community Center Building improvements, including basement water proofing, concrete wall repairs and heating, ventilating and air-conditioning control system upgrades, in and for said City, at a maximum estimated cost of $105,000. It is hereby determined that the plan for the financing of such specific object or purpose shall consist of the issuance of $105,000 bonds of the $6,042,460 bonds of said City authorized to be issued pursuant to this bond resolution. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is 25 years, pursuant to subdivision 12(a) of paragraph a of Section 11.00 of the Local Finance Law; o) Cass Park pool filter and gutter coating replacement, consisting of the replacement of dual filters in the large pool filter house and sealing gutters in the large pool, in and for said City, at a maximum estimated cost of $185,200. It is hereby determined that the plan for the financing of such specific object or purpose shall consist of the issuance of $185,200 bonds of the $6,042,460 bonds of said City authorized to be issued pursuant to this bond resolution. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is 15 years, pursuant to subdivision 61 of paragraph a of Section 11.00 of the Local Finance Law; p) The City’s share of the cost of participation in a City/County of Tompkins/Cornell Housing Fund, for the specific object or purpose of joint development of affordable housing units (Phase 1), in and for said City, at a maximum estimated cost of $102,000. It is hereby determined that the plan for the financing of such specific object or purpose shall consist of the issuance of $102,000 bonds of the $6,042,460 bonds of said City authorized to be issued pursuant to this bond resolution. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is 30 years, pursuant to subdivision 41 of paragraph a of Section 11.00 of the Local Finance Law; q) Construction and/or purchase of a storage unit for the Stewart Park Carousel, in and for said City, at a maximum estimated cost of $40,800. It is hereby determined that the plan for the financing of such specific object or purposes shall consist of the issuance of $40,800 bonds of the $6,042,460 bonds of said City authorized to be issued pursuant to this bond resolution. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is 30 years, pursuant to subdivision 11(a) of paragraph a of Section 11.00 of the Local Finance Law; r) Purchase and installation of additional parking pay stations, parking equipment and/or electronic meter heads to replace or supplement City parking garages equipment/meters, in and for said City, at a maximum estimated cost of $102,000. It is hereby determined that the plan for the financing of such specific object or purpose shall consist of the issuance of $102,000 bonds of the $6,042,460 bonds of said City authorized to be issued pursuant to this bond resolution. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is 5 years, pursuant to subdivision 50 of paragraph a of Section 11.00 of the Local Finance Law; January 7, 2015 18 s) Transportation improvements, including replacing the Sears Street Pedestrian Bridge, replacing and enhancing the railing along Cascadilla Creek, and pedestrian and bicycle improvements at various City intersections, in and for said City, at a maximum estimated cost of $750,000. It is hereby determined that the plan for the financing of such class of objects or purposes shall consist of the issuance of $750,000 bonds of the $6,042,460 bonds of said City authorized to be issued pursuant to this bond resolution; provided, however, that to the extent that any Federal or State grants-in-aid are received for such class of objects or purposes, the amount of bonds to be issued pursuant to this resolution shall be reduced dollar for dollar. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is 10 years, pursuant to subdivision 90, based upon subdivisions 10 and 24, of paragraph a of Section 11.00 of the Local Finance Law; and t) Transportation enhancements on West Martin Luther King Jr. Street, including a mid-block pedestrian crossing, reducing the number of traffic lanes, and realigning some intersections, in and for said City, at a maximum estimated cost of $750,000. It is hereby determined that the plan for the financing of such specific object or purpose shall consist of the issuance of $750,000 bonds of the $6,042,460 bonds of said City authorized to be issued pursuant to this bond resolution, provided, however, that to the extent that any Federal or State grants- in-aid are received for such specific object or purpose, the amount of bonds to be issued pursuant to this resolution shall be reduced dollar for dollar. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is 15 years, pursuant to subdivision 20(c) of paragraph a of Section 11.00 of the Local Finance Law. Section 2. The aggregate maximum estimated cost of the aforesaid objects or purposes is $6,042,460, and the plan for the financing thereof is by the issuance of the $6,042,460 serial bonds authorized by Section 1 hereof, allocated to each of the objects or purposes in accordance Section 1 hereof. Section 3. The faith and credit of said City of Ithaca, Tompkins County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such obligations as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such obligations becoming due and payable in such year. There shall annually be levied on all the taxable real property of said City, a tax sufficient to pay the principal of and interest on such obligations as the same become due and payable. Section 4. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the bonds herein authorized, including renewals of such notes, is hereby delegated to the City Controller, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said City Controller, consistent with the provisions of the Local Finance Law. Section 5. All other matters, except as provided herein relating to such bonds, including determining whether to issue such bonds having substantially level or declining debt service and all matters related thereto, prescribing whether manual or facsimile signatures shall appear on said bonds, prescribing the method for the recording of ownership of said bonds, appointing the fiscal agent or agents for said bonds, providing for the printing and delivery of said bonds (and if said bonds are to be executed in the name of the City by the facsimile signature of the City Controller, providing for the manual countersignature of a fiscal agent or of a designated official of the City), the date, denominations, maturities and interest payment dates, place or places of payment, and also including the consolidation with other issues, shall be determined by the City Controller. It is hereby determined that it is to the financial advantage of the City not to impose and collect from registered owners of such serial bonds any charges for mailing, shipping and insuring bonds transferred or exchanged by the fiscal agent, and, accordingly, pursuant to paragraph c of Section 70.00 of the January 7, 2015 19 Local Finance Law, no such charges shall be so collected by the fiscal agent. Such bonds shall contain substantially the recital of validity clause provided for in section 52.00 of the Local Finance Law and shall otherwise be in such form and contain such recitals in addition to those required by section 52.00 of the Local Finance Law, as the City Controller shall determine. Section 6. The powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the City Controller, who shall advertise such bonds for sale, conduct the sale, and award the bonds in such manner as he shall deem best for the interests of the City; provided, however, that in the exercise of these delegated powers, he shall comply fully with the provisions of the Local Finance Law and any order or rule of the State Treasurer applicable to the sale of municipal bonds. The receipt of the City Controller shall be a full acquittance to the purchaser of such bonds, who shall not be obliged to see to the application of the purchase money. Section 7. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said City is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 8. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150-2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 9. This resolution, which takes effect immediately, shall be published in summary form in the Ithaca Journal, the official newspaper, together with a notice of the City Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. Discussion followed on the floor regarding Section 1, subsection (s) – “Transportation improvements” regarding the replacement of the Sears Street Bridge. Alderperson Brock noted that this project has not been approved by Common Council. The action taken in June, 2014 was to approve the creation of a capital project in order to apply for grant funding for this project. City Controller Thayer explained that this Bond Resolution is simply an authorization that will allow the City to bond for this project should it be approved in the future. He noted that the City only issues bonds twice a year, typically in January and August. If this authorization was delayed until August the project, if approved, would be seriously off schedule. Alderperson Smith noted that the City did receive the grant funding for this project. Questions arose as to whether the Cascadilla Creek retaining wall restoration work was included in this project. Amending Resolution By Alderperson McGonigal: Seconded by Alderperson Brock RESOLVED, That Section 1, Subsection (s) be amended to read as follows: “s) Transportation improvements, including replacing the Sears Street Pedestrian Bridge, replacing and enhancing the railing along Cascadilla Creek, and pedestrian and bicycle improvements at various City intersections, in and for said City, at a maximum estimated cost of $750,000. It is hereby determined that the January 7, 2015 20 plan for the financing of such class of objects or purposes shall consist of the issuance of $750,000 bonds of the $6,042,460 bonds of said City authorized to be issued pursuant to this bond resolution; provided, however, that it receive prior approval of Common Council; and that to the extent that any Federal or State grants-in-aid are received for such class of objects or purposes, the amount of bonds to be issued pursuant to this resolution shall be reduced dollar for dollar. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is 10 years, pursuant to subdivision 90, based upon subdivisions 10 and 24, of paragraph a of Section 11.00 of the Local Finance Law; and” Carried Unanimously Further discussion occurred on Section 1, subsection (t) – “Transportation enhancements” regarding West State/Martin Luther King Jr Street and subsection (i) – Phase II of the Comprehensive Master Plan. The question of the adoption of the foregoing resolution as amended was duly put to a vote on roll call, which resulted as follows: Alderperson Brock __Aye______ Alderperson McGonigal __Aye____ Alderperson Clairborne __Absent ___ Alderperson Murtagh __Aye____ Alderperson McCollister __Aye______ Alderperson Fleming __Aye____ Alderperson Smith __Aye______ Alderperson Kerslick __Aye____ Alderperson Mohlenhoff __Aye______ Alderperson Martell __Absent _ Carried Unanimously The resolution was thereupon declared duly adopted. 9.5 City Controller’s Report: City Controller Thayer reported on the following: 2014 Activity:  Sales Tax: $13,123,000 was budgeted and with two collections left, revenues are 4.8% higher than 2013 collections which could equal a budget surplus of approximately $250,000  Overtime: the $997,000 budget has been exceeded - approximately $1,296,000 was spent on overtime in 2014: IPD has spent $797,000 ($560,000 was budgeted) and IFD has spent $366,000 ($360,000 was budgeted)  Building Permit Revenue: $700,000 was budgeted - $843,000 was collected.  Parking Revenue: $2.4 million was budgeted - $2.1 million was collected.  Fines: $1,070,000 was budgeted - $1,059,000 was collected.  2014 pension liability was paid early on December 15th saving the City $48,000.  Sale of Property:$215,000 was budgeted and three properties were sold Alderperson McCollister voiced her concern regarding the amount of police overtime being spent and the level at which it is over budget. She stressed the need to get the Police Benevolent Association to the negotiating table to address this issue. She further inquired as to the status of audit reports. City Controller Thayer responded that all reports will be completed in 2015. He explained that his department has been working hard to make software improvements to enhance reporting capabilities and further described the staffing challenges he faces. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE: Alderperson Murtagh reported that P& ED Committee will be working with the Mayor on the CIITAP initiative. Mayor Myrick noted that Tompkins County has not yet appointed the Industrial Development Agency (IDA) Board but he will be asking them to work with the City on creating a county-wide policy that focuses on joint principles such as the use of local labor on development projects, diversity, sustainability, etc. Alderperson Murtagh suggested hosting a roundtable discussion with all involved stakeholders. January 7, 2015 21 REPORT OF SPECIAL COMMITTEES: Common Council/Staff Retreat Alderperson Mohlenhoff announced that a Common Council/Staff Retreat has been scheduled for January 30, 2015 from 12:00 – 5:00 pm. The program will include further work on the City’s strategic themes and drilling down to programmatic performance measures. Exterior Property Maintenance Alderperson Murtagh noted that he had a meeting with John Guttridge, who shared concerns about the Exterior Property Maintenance Ordinance, noting that it has become of great concern to local landlords. Areas of concern include uneven targeting of properties in the City, timely notifications of violations to property owners, and the fine structure. Mayor Myrick noted that the Building Division is very close to developing technology for e-mail notifications to landlords that a violation has occurred and a ticket has been issued. The tickets will continue to be sent out through the mail, but the landlord will receive an immediate notification and will have an opportunity to remediate the situation before another violation occurs. He further mentioned that compliance in Collegetown has been improving. MAYOR’S APPOINTMENTS: Common Council Appointments Mayor Myrick noted that he will be sending out the Common Council liaison appointments. Appointments to standing committees remain the same as 2014 and Alderpersons Murtagh and Mohlenhoff have agreed to continue their roles as Chairs of the Planning and Economic Development Committee and the City Administration Committee respectively. Alderperson Murtagh noted that he has spoken with former Alderperson and TCAT Board member Jennifer Dotson who indicated that her term will expire at the end of 2015 and she would be willing to step down at that time to allow for a Common Council member to be appointed to the TCAT Board. 14.1 Recommendation to Tompkins Consolidated Area Transit Board - Resolution By Alderperson Mohlenhoff: Seconded by Alderperson Smith RESOLVED, That Common Council recommends that Kevin Sutherland be elected as a director of the Tompkins Consolidated Area Transit Board with a term to expire December 31, 2017, and, be it further 14.2 Appointment to Planning and Development Board – Resolution RESOLVED, That McKenzie Jones-Rounds be reappointed to the Planning and Development Board with a term to expire December 31, 2017, and, be it further RESOLVED, That John Schroeder be reappointed to the Planning and Development Board with a term to expire December 31, 2017, and, be it further 14.3 Appointment to Public Art Commission – Resolution RESOLVED, That Jay Potter be reappointed to the Public Art Commission with a term to expire June 30, 2017, and, be it further RESOLVED, That Caleb Thomas be reappointed to the Public Art Commission with a term to expire June 30, 2017, and, be it further 14.4 Appointment to Parks Commission - Resolution RESOLVED, That Roberta Moudry be reappointed to the Parks Commission with a term to expire December 31, 2017, and, be it further RESOLVED, That Margaret Hobbie be reappointed to the Parks Commission with a term to expire December 31, 2017, and, be it further January 7, 2015 22 14.5 Appointment to Community Police Board - Resolution RESOLVED, That Marion Craig DaGrossa be reappointed to the Community Police Board with a term to expire December 31, 2017, and, be it further 14.6 Appointment to Board of Zoning Appeals - Resolution RESOLVED, That Stephen Wolf be appointed to the Board of Zoning Appeals with a term to expire December 31, 2016, and, be it further 14.7 Appointment to Ithaca Landmarks Preservation Commission - Resolution RESOLVED, That Jennifer Minner be appointed to the Ithaca Landmarks Preservation Commission with a term to expire December 31, 2017, and, be it further RESOLVED, That Edward Finegan be appointed to the Ithaca Landmarks Preservation Commission with a term to expire December 31, 2017, and, be it further RESOLVED, That Katelin Olson be appointed to the Ithaca Landmarks Preservation Commission with a term to expire December 31, 2017, and, be it further 14.8 Appointment to Shade Tree Advisory Committee - Resolution RESOLVED, That Dr. Nina Bassuk be reappointed to the Shade Tree Advisory Committee with a term to expire December 31, 2017, and, be it further RESOLVED, That Barbara Neal be reappointed to the Shade Tree Advisory Committee with a term to expire December 31, 2017, and, be it further RESOLVED, That Judith Maxwell be reappointed to the Shade Tree Advisory Committee with a term to expire December 31, 2017, and, be it further RESOLVED, That Judith Fogel be reappointed to the Shade Tree Advisory Committee with a term to expire December 31, 2017, and, be it further 14.9 Appointment to Board of Public Works - Resolution RESOLVED, That Claudia Jenkins be reappointed to the Board of Public Works with a term to expire December 31, 2017, and be it further RESOLVED, That David Warden be reappointed to the Board of Public Works with a term to expire December 31, 2017. Carried Unanimously REPORTS OF COMMON COUNCIL LIAISONS: Recreation Partnership Aldperson Kerslick reported that former Alderperson Joan Spielholz, one of the City’s two representatives to the Recreation Partnership will be stepping down this year. He further shared the following comments made by Youth Bureau Director Liz Vance to recognize Joanie for all of her contributions to the youth of Ithaca: “Joanie Spielholz has been impacting the lives of young people for more than 25 years in Tompkins County by working tirelessly with a variety of youth related boards. She was a founding member of the Tompkins County Recreation Partnership, which she has been a member of for 19 years. She spent 15 years as a member of the Ithaca Youth Bureau Advisory Board, acting as Chair for several of those years. Joanie has also served our community as an Alderperson on City Council from 1998- 2001, serving on the Greater Ithaca Activities Center (GIAC) Board of Directors for many years, serving on the city’s Public Art Committee and the Ithaca Landmarks Preservation Commission. Joanie brings a calm, persistent and patient nature to the many projects and boards she works with. She has been instrumental in creating opportunities for young people in our community. Her advocacy efforts helped bring 10 municipalities together to provide affordable recreational opportunities for young people in Tompkins County. This one of January 7, 2015 23 a kind partnership is thriving after 18 years and is an example of successful shared services in our community. On Joanie’s 50th birthday she hosted a party at the Youth Bureau and in lieu of gifts asked friends to make a donation to the Big Brothers Big Sisters program. Joanie has volunteered thousands of hours of her time to youth organizations in our community. She believes in young people and in the value of supporting them through programs and opportunities in the community. We would like to thank Joanie for her hard work and dedication to youth and the community over the years. We will miss her work on the Recreation Partnership Board and wish her luck in her next adventure!” Idling Trains Alderperson Brock thanked Common Council members for lending their support and signatures to letter that she and Alderperson McGonigal crafted to Senator Schumer requesting relief from issue of idling trains in residential neighborhoods. MINUTES FROM PREVIOUS MEETINGS: 18.1 Approval of the Minutes of the November 5, 2014 Common Council Meeting; November 13, 2014 Special Common Council Meeting; December 3, 2014 Common Council Meeting By Alderperson Smith: Seconded by Alderperson Mohlenhoff RESOLVED, That the Minutes of the following meetings be approved as published: November 5, 2014 Common Council Meeting November 13, 2014 Special Common Council Meeting December 3, 2014 Common Council Meeting Minutes Carried Unanimously ADJOURNMENT: On a motion the meeting adjourned at 8:04 p.m. ______________________________ _______________________________ Julie Conley Holcomb, CMC Svante L. Myrick City Clerk Mayor