HomeMy WebLinkAboutMN-CC-2015-08-05COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 6:00 p.m. August 5, 2015
PRESENT:
Mayor Myrick
Alderpersons (10) Brock, McGonigal, Murtagh, Clairborne, McCollister, Fleming,
Smith, Kerslick, Martell, Mohlenhoff
OTHERS PRESENT:
City Clerk – Conley Holcomb
City Controller – Thayer
Human Resources Director – Michell-Nunn
Police Chief – Barber
Chief of Staff - Sutherland
PLEDGE OF ALLEGIANCE:
Mayor Myrick led all present in the Pledge of Allegiance to the American Flag.
PROCLAMATIONS/AWARDS:
“Giving is Gorges Day” in the City of Ithaca
Mayor Myrick proclaimed August 28, 2015 as “Giving is Gorges Day” in the City of Ithaca, noting
that residents and members of the greater community are encouraged to support their favorite
participating non-profit organizations that day:
WHEREAS, the City of Ithaca, like the surrounding Tompkins County, is known throughout our
region and the State of New York for its tight-knit, inclusive communities; and
WHEREAS, our residents are driven by a gracious desire to help each other, and our
municipality plays a leading role in promoting and advancing philanthropy and giving; and
WHEREAS, “Giving Is Gorges” was established as a day to unite all of the people of Tompkins
County in the celebration and reaffirmation of that spirit of philanthropy, raising both funds and
awareness; and
WHEREAS, the day highlights how people can work together to share commitments, build
stronger communities, and improve the quality of life for all residents; and
WHEREAS, non-profits enrich the lives of all Tompkins County residents and are an integral
part of its economy, employing and providing services to thousands of residents each day; and
WHEREAS, non-profits work in every sector to improve the quality of life in Tompkins County,
including protecting our environment, helping the sick and the dying, providing care for our
children and animals, offering support to our families, providing art, addressing homelessness
and hunger; preventing diseases, and providing basic human needs; and
WHEREAS, these non-profits offer opportunities for giving, volunteerism, skill-building and
community involvement that enhance life and make our county a better place to live; and
WHEREAS, giving and volunteerism historically reflect the highest values of our democratic
society, in that regardless of the situation, age, station, race or creed, all may participate and
reap the rich rewards that come from giving aid to others; and,
WHEREAS, this event allows participating non-profit organizations an opportunity to energize
their respective donor bases and to tell their story throughout the broader region; and
WHEREAS, every donation betters lives, opens doors, hastens innovation or fosters knowledge;
and
WHEREAS, this 24-hour giving challenge starts at Midnight and ends at 11:59 p.m. on August
28th, 2015; and
WHEREAS, the participating non-profits are certified to have 501c3 status in order to receive
donations; and
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WHEREAS, Giving Is Gorges day allows an easy, effective means for citizens to support the
non-profit organizations they believe in and to learn about others through the website
www.givingisgorges.org; and
WHEREAS, together in celebration of non-profits and philanthropy, communities will join
together for 24 hours to raise the most money they can to support the non-profits that enrich our
county while reaffirming the belief that everyone can help one another; now, therefore, be it
PROCLAIMED by I, Svante Myrick, the Mayor of the City of Ithaca, that August, 28th, 2015 be,
and is hereby, recognized as “Giving Is Gorges Day” and; be it
PROCLAIMED FURTHER, That residents and members of the community are encouraged to
support their favorite participating non-profit organizations.
SPECIAL ORDER OF BUSINESS:
Board of Fire Commissioners
Robert Sparks, Vice Chair of the Board of Fire Commissioners, submitted a report to Common
Council for the first half of 2015, noting that the report supplements the Board of Fire
Commissioners minutes that are available on the city’s website.
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
The following people addressed Common Council:
Audrey Cooper, City of Ithaca, stated that the new playground on the Commons is not
accessible for children with physical impairments. She encouraged Common Council and city
staff to practice inclusion by consulting with local experts on the topic. She further noted that
there are playground elements that become very hot in the sun and there is no shade in the
area.
Barbara Harrison, Town of Ithaca, spoke in favor of the Resolution in support of the NY Health -
Single Payer Health Care System.
Rebecca Elgie, City of Ithaca, spoke in favor of the Resolution in support of the NY Health –
Single Payer Health Care System.
Joel Harlan, Town of Newfield, spoke in support of economic development in the City.
Gino Bush, City of Ithaca, spoke in support of more formal recognition for Veterans including
events like parades. He further addressed concerns regarding potholes throughout the City.
Melanie Stein, Town of Ithaca, thanked members of local law enforcement, Natural Areas
Commission Chair Joe McMahon, and City Clerk Julie Conley Holcomb for their efforts to
control illegal swimming and cliff jumping in the Second Dam area of Six Mile Creek. She urged
the Mayor issue an immediate directive stating that “the immediate vicinity is off limits to the
public for the rest of the season” in light of the recent death in the area. She noted that the New
York State Police has stated that they would be willing to enforce the regulation if they receive
notification from the Mayor.
Chelsea Hill and her daughter Corina, Town of Ithaca, noted that they had been happy to hear
the Commons Playground being advertised as accessible but quickly realized when they visited
it that it was not accessible for children using wheelchairs or other mobility devices because
accessing the structure requires a step up. She further commented that the one element that
appears to be accessible, a slide that requires a child to pull themselves up it, would not be
accessible to a number of children as they do not have the upper body strength required to pull
themselves up. She shared her disappointment that the structure was not as advertised.
PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR:
Mayor Myrick addressed comments made about potholes, noting that the problem of deferred
maintenance due to financial stress was 25 years in the making and can’t be resolved overnight.
He stated that $200,000 was added to the Department of Public Works budget to address road
conditions and reported that portions of Giles Street and Cayuga Street would be milled and
paved in the upcoming weeks.
Mayor Myrick extended an apology to Ms. Hill and her family for the shortcomings of the
children’s playground on the Commons. He noted that the playground was designed by Play by
Design who met ADA requirements as directed; however, he acknowledged that meeting those
requirements did not result in a playground that could be fully enjoyed by all children.
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Larry Roberts, Chair of the Disability Advisory Council (DAC), noted that the DAC had a
productive meeting today and echoed the Mayor’s comments that although the structure is in
compliance with the law, it is not enjoyable for children with physical impairments. Planning &
Development Director JoAnn Cornish has agreed to form a committee to see what can be done
to modify the structure. He stated that he was pleased with where the discussions are headed
and noted that Ms. Hill had very good suggestions for the DAC.
Alderperson McGonigal thanked Corina and her parents for coming to the meeting and bringing
this issue to Common Council’s attention. He voiced his commitment to the modification of the
playground structure so that all children could play on it. He further reported that the Ithaca
Youth Bureau is renting bicycles as part of the new “Ithaca Bike Rental” program made possible
by a grant from the Tompkins County Tourism Bureau.
Alderperson McCollister responded to comments made about the recent death at the Second
Dam. The Mayor explained that the Second Dam is city-owned land located within the Town of
Ithaca and therefore the enforcement responsibility belongs to the Tompkins County Sheriff’s
Office. The Ithaca Police Department has been conducting monthly joint targeted enforcement
details with the Tompkins County Sheriff’s Office through the summer months. He stated that
staff is currently reassessing what can be done to enhance enforcement measures in time for
the return of the students.
Alderperson Fleming noted that she went for a morning walk recently with family members in
the Six Mile Creek Natural Area and noted how peaceful and beautiful the area was. She stated
that it would be very sad to lose access to this beautiful natural resource because of the illegal
activities of others.
Alderperson Clairborne reported on the following:
Thanked Ms. Harrison & Ms. Elgie for sharing information on the NY Health Act
Inquired about a timeframe for improvements to the Commons playground.
Urged more community support for local veterans, especially at the annual Veterans Day
Parade
The National Night Out celebration was a big success
August 8, 2015 – Northside Festival
August 15, 2015 – Southside Festival
GIAC Navigators – took 8th place out of 25 teams at a recent track meet – each athlete
placed in the rankings
Please vote for Talyse Hampton to sing the National Anthem at the NYS Fair this year
Alderperson Kerslick responded to comments made about the Commons playground and the
lack of shade, affirming that the metal slide & globe become very hot.
CONSENT AGENDA ITEMS:
City Administration Committee:
8.1 Youth Bureau – Request to Amend 2015 Personnel Roster - Resolution
By Alderperson Kerslick: Seconded by Alderperson Smith
WHEREAS, the Ithaca Youth Bureau has proposed to increase the hours of one Recreation
Program Assistant from 20 hours per week to 30 hours per week and one Recreation Specialist
from 20 hours per week to 35 hours per week; and
WHEREAS, no additional funds are being requested and these changes will be completed
within the approved 2015 budget; and
WHEREAS, the Ithaca Youth Bureau has worked with the Human Resources Department to
develop the staffing transition plan now; therefore, be it
RESOLVED, That the Personnel Roster of the Ithaca Youth Bureau shall be amended as
follows:
Add: One (1) Recreation Program Assistant 20 hours to 30 hours
and,
One (1) Recreation Specialist 20 hours to 35 hours
and be it further
RESOLVED, That said roster amendment will be made within existing funds of the 2015
authorized Ithaca Youth Bureau budget.
Carried Unanimously
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8.2 Department of Public Works (DPW)/Waste Water Treatment Plant Request to
Amend 2015 Personnel Roster - Resolution
By Alderperson Kerslick: Seconded by Alderperson Smith
WHEREAS, The City of Ithaca Water Treatment Plant (WTP) has need of Administrative Office
support. Currently all general office and financial office functions at the WTP are performed by
the Chief Operator, Lab Director, Senior Operator, and Operators; and
WHEREAS, The City of Ithaca DPW Water & Sewer Division Assistant Superintendent and
WTP Chief Operator propose the hiring of a half time Financial Management Assistant to meet
this need and relieve our Operational and Technical Staff from general office and financial
clerical work so they can be more economically, fully, and appropriately utilized in WTP
Operations and Maintenance; and
WHEREAS, the City of Ithaca Department of Public Works Water and Sewer Division currently
has the half time funded Title of Water/Wastewater Treatment Plant Operator on the WTP
roster; and
WHEREAS, the half time Water/Wastewater Treatment Plant Operator position has now been
vacant for more than year; and
WHEREAS, the City of Ithaca Department of Public Works Water and Sewer Division has
determined that we no longer have need of the half time Water/Wastewater Treatment Plant
Operator position at the WTP; and
WHEREAS, the Civil Service Commission approved the New Position Duties Statement for the
WTP Financial Management Assistant for City of Ithaca DPW Water & Sewer Division on June
3, 2015; now; therefore, be it
RESOLVED, That the Personnel Roster of the DPW Water & Sewer Division be amended as
follows:
Delete: One (1) Water/Wastewater Treatment Plant Operator,
salary grade 10, CSEA Administrative Unit
Add: One (1) Financial Management Assistant, 20 hours/week,
salary grade 6, CSEA Administrative Unit
and be it further
RESOLVED, That for the sole purpose of determining days worked reportable to the New York
State and Local Employees Retirement System, the standard work day for this position shall be
established at eight (8) hours per day (forty (40) hours per week); and, be it further
RESOLVED, That funds needed for said roster amendment shall be derived from existing 2015
budget authorizations in the DPW Water and Sewer Division.
Carried Unanimously
8.3 Approval of the 2015 Amendment to the Municipal Cooperative Agreement for the
Greater Tompkins County Municipal Health Insurance Consortium - Resolution
By Alderperson Kerslick: Seconded by Alderperson Smith
WHEREAS, the City of Ithaca is a Participant in the Greater Tompkins County Municipal Health
Insurance Consortium (the "Consortium"), a municipal cooperative organized under Article 47 of
the New York Insurance Law; and
WHEREAS, the municipal participants in the Consortium, including this body, have approved
and executed a certain Municipal Cooperation Agreement (the "Agreement"; effective date of
October 1, 2010) and Amendment (2014) that provides for the operation and governance of the
Consortium; and
WHEREAS, Article 47 of the New York Insurance Law (the "Insurance Law") and the rules and
regulations of the New York State Department of Financial Services set forth certain
requirements for governance of municipal cooperatives that offer self-insured municipal
cooperative health insurance plans; and
WHEREAS, the Agreement sets forth in Section Q2 that continuation of the Consortium under
the terms and conditions of the Agreement, or any amendments or restatements thereto, shall
be subject to Board review on the fifth (5th) anniversary of the Effective Date and on each fifth
(5th) anniversary date thereafter (each a “Review Date”); and
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WHEREAS, by motion 005-2015, adopted on May 28, 2015, the Consortium's Board of
Directors recommends approval of the 2015 amended agreement based on review of the
document by the Municipal Cooperative Agreement Review Committee, the New York State
Department of Financial Services, and the Consortium’s legal counsel; and
WHEREAS, the Municipal Cooperative Agreement requires that amendments to the agreement
be presented to each participant for review and adopted by its municipal board; and
WHEREAS, the City of Ithaca is in receipt of the proposed amended Agreement and has
determined that it is in the best interest of its constituents who are served by the Consortium to
amend the Agreement as set forth in the attached 2015 Amended Municipal Cooperative
Agreement; now, therefore be it
RESOLVED, That the City of Ithaca approves and authorizes the Mayor to sign the 2015
Amendment to the Municipal Cooperative Agreement of the Greater Tompkins County Municipal
Health Insurance Consortium; and be it further
RESOLVED, That the Clerk of the City of Ithaca is hereby authorized to execute this Resolution
to indicate its approval, transmit a copy thereof to the Board of Directors of the Greater
Tompkins County Municipal Health Insurance Consortium, and take any other such actions as
may be required by law.
Carried Unanimously
8.4 City of Ithaca Cable Access Oversight Committee – Adoption of the 2016 PEG
Access Studio Operational Budget - Resolution
By Alderperson Kerslick: Seconded by Alderperson Smith
WHEREAS, the Franchise Agreement between Time Warner Entertainment and the City of
Ithaca signed in 2003 authorizes Time Warner Entertainment-Advance/Newhouse
Partnership to collect $.15 per subscriber per month to be used for the purchase of equipment
for the public, educational, and governmental (PEG) Access Studio; and
WHEREAS, the total capital budget for the life of the 10-year agreement was estimated to
be $200,000; and
WHEREAS, the Franchise Agreement outlines the creation of an Access Oversight
Committee that shall be responsible for approving the timing, use, and amount of PEG
access equipment acquired each year over the term of the agreement; and
WHEREAS, the Access Oversight Committee has approved a 2016 operational budget in the
amount of $12,500; and
WHEREAS, the Franchise Agreement states that participating municipalities, including the
City of Ithaca, must adopt the annual PEG Access Studio Budget of the preceding year;
now, therefore be it
RESOLVED, That Common Council adopts the 2016 PEG Access Studio Budget as
approved by the Access Oversight Committee at its regular meeting on May 4, 2015.
Carried Unanimously
Department of Public Information and Technology:
8.5 Taste of Thai Alcohol Permit Request - Resolution
By Alderperson Kerslick: Seconded by Alderperson Smith
WHEREAS, the City Clerk has received a request to allow the Taste of Thai Restaurant to utilize
certain areas along the Primary Commons for outdoor dining, and
WHEREAS, this use of public property has been deemed proper and successful, and
WHEREAS, the City of Ithaca wishes to promote diverse uses of the Primary and Secondary
Commons, including outdoor dining, and
WHEREAS, it is Common Council's responsibility to determine whether or not to allow the serving
and consumption of alcohol on the Primary and Secondary Commons, and
WHEREAS, Common Council has determined that the use of this public property for outdoor dining
at the Taste of Thai Restaurant, including the responsible sale and consumption of alcohol, is
desirable, and
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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 2015, Common Council hereby approves a revocable Alcoholic
Beverage Permit for the outdoor sale and consumption of alcohol for the Taste of Thai Restaurant
that includes the sale of alcohol in accord with the terms and conditions set forth in application
therefore, including minimum Dram Shop coverage in the amount of $1,000,000 and the approval
of an outdoor dining permit.
Carried Unanimously
8.6 Mia Noodle Bar and Restaurant Alcohol Permit Request - Resolution
By Alderperson Mohlenhoff: Seconded by Alderperson Smith
WHEREAS, the City Clerk has received a request to allow Mia Noodle Bar and Restaurant to
utilize certain areas along the Primary Commons for outdoor dining, and
WHEREAS, this use of public property has been deemed proper and successful, and
WHEREAS, the City of Ithaca wishes to promote diverse uses of the Primary and Secondary
Commons, including outdoor dining, and
WHEREAS, it is Common Council's responsibility to determine whether or not to allow the serving
and consumption of alcohol on the Primary and Secondary Commons, and
WHEREAS, Common Council has determined that the use of this public property for outdoor dining
at Mia Noodle Bar and Restaurant, including the responsible sale and consumption of alcohol, is
desirable, and
WHEREAS, Common Council has determined that any use of this or similar public property
involving the same and consumption of alcohol should be covered by a minimum of $1,000,000
insurance under the Dram Shop Act; now, therefore be it
RESOLVED, For the year 2015, Common Council hereby approves a revocable Alcoholic
Beverage Permit for the outdoor sale and consumption of alcohol for Mia Noodle Bar and
Restaurant that includes the sale of alcohol in accord with the terms and conditions set forth in
application therefore, including minimum Dram Shop coverage in the amount of $1,000,000 and
the approval of an outdoor dining permit.
Carried Unanimously
CITY ADMINISTRATION COMMITTEE:
9.1 Mayor – Request for Health Care Coverage for Officer Augustine - Resolution
By Alderperson Mohlenhoff: Seconded by Alderperson Smith
WHEREAS, Officer Anthony Augustine has been employed as a police officer by the City of
Ithaca since January 31, 2007; and
WHEREAS, during that time Officer Augustine has served commendably and bravely, to the
benefit of the residents of the City and his fellow police officers, and the Mayor of the City of
Ithaca expresses his deep thanks on behalf of the City and its residents to Officer Augustine for
his years of service; and
WHEREAS, on October 11, 2012, in the performance of his duties Officer Augustine was shot
while pursuing a suspect on foot; and
WHEREAS, Officer Augustine has received wages and benefits pursuant to General Municipal
Law §207-c from the City since the date of the shooting; and
WHEREAS, Officer Augustine underwent multiple operations, medical treatments, and physical
therapy sessions in his attempts to return to work; and
WHEREAS, despite Officer Augustine’s extensive and good faith efforts to rehabilitate the
injuries suffered by him in the performance of his duties, he is incapable of carrying out the
duties of a police officer; and
WHEREAS, in May 2013 the City submitted both accidental and performance of duty disability
retirement applications on Officer Augustine’s behalf pursuant to the New York State Retirement
and Social Security Law (“Disability Retirement Application”) and is awaiting a decision on those
applications; and
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WHEREAS, the City and Police Benevolent Association (PBA) are parties to an expired
Collective Bargaining Agreement, dated January 1, 2008 through December 31, 2011 (“CBA”),
the terms and conditions of which continue to govern Officer Augustine’s employment; and
WHEREAS, Officer Augustine has requested that certain health care coverage not provided for
in the CBA be extended to him upon the approval of one of the Disability Retirement
Applications in light of his service and sacrifice; and
WHEREAS, the City, Officer Augustine, and the PBA have negotiated a Memorandum of
Agreement establishing the terms and conditions under which such health insurance would be
extended, and Officer Augustine desires to enter into and support the Memorandum of
Agreement as drafted; now, therefore be it
RESOLVED, That Common Council acknowledges and commends Officer Augustine’s service
to the City and his sacrifice in the line of duty; and, be it further
RESOLVED, That the Mayor is authorized to sign the Memorandum of Agreement in a form
substantially similar to the agreement reviewed by Common Council, and such other documents
as may be required to give effect to the Memorandum of Agreement upon the advice of the City
Attorney.
Mayor Myrick explained that the City has never offered an agreement like this to an employee
before; however, this case involved very unusual circumstances. Officer Augustine had only
been working for the City for 5+ years when he was shot in the line of duty. It takes 10 years to
become vested in the New York State Retirement System. The nature of his injuries which
were the result of a horrific act of violence, have prevented him from being able to return to
active duty although he’s wanted to very much, and worked hard to try to make that happen. He
would be at a disadvantage in terms of a pension should he return to private sector work at this
stage of his life. Mayor Myrick stated that it is important to him to send a message that the City
of Ithaca will take care of the people who take care of us; therefore, he is recommending that
Officer Augustine and his family be able to continue to receive health insurance benefits from
the City of Ithaca until 2035 in order for his health treatments to be covered, and so that he will
receive a NYS pension. He explained that Officer Augustine would no longer be an employee
of the City.
Police Chief Barber thanked Officer Augustine for his service and sacrifice to the City of Ithaca.
He described Officer Augustine as a man of integrity, and an extremely hard worker. He voiced
his regret of the tragedy that occurred which left Officer Augustine with longstanding health
issues. He noted that he would appreciate the unanimous support for this action as Officer
Augustine moves on with his life.
Officer Anthony Augustine thanked everyone for their support. Mayor Myrick thanked Officer
Augustine and his family for their support and for offering this choice of reconciliation. He
further thanked Officer Augustine for his positive interactions with the community and for
preaching peace through leading by example.
Alderperson McGonigal thanked Officer Augustine for his service and acknowledged how much
the Ithaca Police Department will miss him. He further thanked him for his service to the youth
of the community stating “You’re a good man, and we’re glad you’re part of our community”.
Alderperson Brock echoed the sentiments shared by Alderperson McGonigal and thanked
Officer Augustine for his leadership with the youth at GIAC.
Alderperson Clairborne thanked Officer Augustine for his service and the commitment that was
shown in trying to return to work. He stated that he would like to find a way to keep him
involved with the Police Department.
A vote on the Resolution resulted as follows:
Carried Unanimously
9.2 Ithaca Police Department (IPD) Request for Approval of Lateral Transfers to IPD
From Other Police Departments or Sheriff’s Office - Resolution
By Alderperson Mohlenhoff: Seconded by Alderperson Clairborne
WHEREAS, the City of Ithaca and the Ithaca Police Benevolent Association, Inc. (“PBA”), are
parties to a collective bargaining agreement (“CBA”) for the period January 1, 2008 through
December 31, 2011, the terms and conditions of which remain in effect by operation of state
law; and
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WHEREAS, the Ithaca Police Department currently has six funded but vacant police officer
positions; and
WHEREAS, under the CBA a lateral transfer hired from another police department or sheriff’s
office receives the same starting pay as an officer who has not previously worked as a police
officer, even though IPD must pay for officers who lack prior experience to attend the police
academy; and
WHEREAS, the parties desire to improve IPD’s ability to hire lateral transfer officers to fill the
vacant officer positions by increasing the starting salary for such officers; and
WHEREAS, the increased salary is offset by a reduction in academy and other training costs
that IPD is not required to spend when hiring a lateral transfer; now, therefore be it
RESOLVED, That the Mayor is authorized to sign a Memorandum of Agreement with the PBA
substantially similar to that included herewith, increasing the starting salaries for officers who
have completed at least one year of full-time employment as a sworn officer for a municipal
police department or sheriff’s office in New York State prior to being hired by the City.
Mayor Myrick described the number of vacancies that currently exist in the Police Department
and the time it takes to get an officer “street ready”. He noted that the City is at a disadvantage
in hiring lateral transfers because of the collective bargaining agreement in place and the hiring
salary range. In most cases, police officers with the required training and a few years of
experience are earning more than the City’s starting salary.
Mayor Myrick further acknowledged a memo that was received from the Workforce Diversity
Advisory Committee and agreed that the City needs to explore the issues identified regarding
the diversity of transfer candidates.
Alderperson Brock referenced Appendix A of the Police Benevolent Association labor contract
regarding the costs of training and incremental salary increases based on 3 steps. She
questioned what % of salary increase Council is being asked to consider and the resulting
financial impact.
Police Chief Barber responded that lateral transfers already have the academy training and 540
hours of field training, so the City would not have to pay for that. Approximately 400 hours of
training is required for a lateral transfer; however, their level of experience could reduce that,
thereby saving more money. He reviewed the costs of hiring an experienced officer that would
be available to put on the street right away.
Alderperson Brock stated that the City and the Workforce Diversity Advisory Committee have a
strong commitment to identify and hire local talent for city departments. Police agencies from
other regions don’t always have the level of diversity that our department does and urged for a
continued commitment to have the Ithaca Police Department reflect our community.
Police Chief Barber stated that he has a strong commitment to diversity. He described the
current staffing crisis and the amount of overtime being spent. He stated that diversity will not
take a back seat but there are civil service restrictions in place that prolong the hiring process of
hiring new officers. He further commented that the demographics of his department are close in
matching the community’s demographics.
Alderperson McGonigal inquired about the background review process for lateral transfers.
Police Chief Barber stated that lateral transfers go through a rigorous vetting process, just as
new officers do.
Alderperson Kerslick stated that he is supportive of this action but wondered if there had been a
discussion regarding the term of this agreement. He asked whether this agreement would
sunset upon the approval of a new collective bargaining agreement. He further recommended a
regular review of IPD demographics.
Mayor Myrick confirmed that the proposed action would expire with the approval of a new
collective bargaining agreement.
Police Chief Barber noted that he has received 3 applications since this has been discussed: 2
males / 1 female have applied for positions.
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Alderperson Clairborne requested that language be added to the Resolution that requires
Common Council to review demographic data at least twice a year. Mayor Myrick noted that
Common Council already receives departmental demographic information on a quarterly basis.
Amending Resolution:
By Alderperson Clairborne: Seconded by Alderperson Brock
RESOLVED, That the following Whereas clause be added to the Resolution:
WHEREAS, Common Council will review the police department’s demographics on a quarterly
basis in support of the City’s aspirational direction of improving workforce diversity.
Ayes (6) Brock, McGonigal, Clairborne, Murtagh, Smith, Kerslick
Nays (4) Martell, Mohlenhoff, Fleming, McCollister
Carried (6-4)
Main Motion as Amended
A vote on the Main Motion as Amended resulted as follows:
Carried Unanimously
Mayor Myrick thanked the Police Chief and the Police Benevolent Association for their
cooperation in developing this agreement.
9.3 A Local Law Entitled “2015 Sidewalk Improvement District Amendments
Concerning Lots with Two Single-Family Homes”
By Alderperson Mohlenhoff: Seconded by Alderperson Smith
Local Law No. ____-2015
WHEREAS, the City has five Sidewalk Improvement Districts (each a “SID”) for the construction
and repair of sidewalk, and assesses each property located in each SID pursuant to a formula
for the benefits received by the property from said local improvements; and
WHEREAS, the formula in part uses Property Classification Codes administered by the
Tompkins County Department of Assessment to classify lots containing a single one- or two-
family home as Low Foot Traffic Lots; and
WHEREAS, a small number of lots that contain two separate one-family homes are currently
assessed as Non-Low Foot Traffic Lots; and
WHEREAS, Common Council concludes that assessing these properties a fee equal to the total
fee assessed to two lots each containing a one-family home more accurately reflects the
benefits from the sidewalk construction and repair received by these properties; and
WHEREAS, pursuant to Municipal Home Rule Law Section 10(1)(ii)(c)(3) the City of Ithaca is
authorized to adopt a local law relating to the authorization, making, confirmation, and correction
of benefit assessments for local improvements; now, therefor
BE IT ENACTED by the Common Council of the City of Ithaca as follows:
Section 1. Legislative Findings, Intent, and Purpose.
Pursuant to Municipal Home Rule Law Section 10(1)(ii)(c)(3) the City of Ithaca is authorized to
adopt a local law relating to the authorization, making, confirmation, and correction of benefit
assessments for local improvements. The Common Council concludes that certain adjustments
to the SID assessment formula are appropriate.
The Common Council makes the following findings of fact:
A. A lot with two separate one-family homes is currently defined under the SID
assessment formula as a Non-Low Foot Traffic Lot, even though the benefit it
receives from the SID system is roughly equivalent to the benefit received by two
lots that each contain a one-family home.
B. To better reflect the benefit received from the SID system by these lots, it is
equitable to assess these lots the total amount that would be assessed if each
one-family home were on its own lot.
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Section 2. Charter Amendments.
Section C-73(C)(1) of the Ithaca City Charter is hereby amended as follows:
LOW-FOOT-TRAFFIC LOTS
Those lots, qualifying neither as sliver lots nor as non-developable lots, with a
Property Class Code of 210, 215, 220, 240, 250, 270, 311, or 312, or
substantially identical successor designations.
SITE CLASS CODE
The property type classification code, as defined by the New York State
Office of Real Property Services in the Assessors’ Manual, or such other
substantially similar documentation later produced by that office, assigned
to each residence on a Lot with more than one residence by the Tompkins
County Department of Assessment, as may be updated by that Department
from time to time.
DOUBLE-LOW-FOOT-TRAFFIC LOTS
Those lots with a Property Class Code of 280 or 281, or substantially
identical successor designations, and with two residences that each have a
Site Class Code of 210, 215, 240, 250, or 270.
Section C-73(C)(2)(a) is hereby amended as follows:
Square Footage Fee. The Square Footage Fee for all Low-Foot-Traffic Lots and
Double-Low-Foot-Traffic Lots shall be $0.00. For all other Lots, the Lot’s Square
Footage Fee shall be equal to the Lot’s Building Square Footage times $0.015.
Section C-73(C)(2)(b) is hereby amended as follows:
Frontage Fee. The Frontage Fee for all Low-Foot-Traffic Lots and Double-Low-Foot-
Traffic Lots shall be $0.00. For all other Lots, the Frontage Fee shall be $30.00 for each
fifty-five (55) feet of Front Feet or portion thereof.
Section 3. Severability Clause.
Severability is intended throughout and within the provisions of this Local Law. If any section,
subsection, sentence, clause, phrase, or portion of this Local Law is held to be invalid or
unconstitutional by a court of competent jurisdiction, then that decision shall not affect the
validity of the remaining portions of this Local Law or of those portions of Section C-73 not
amended by this Local Law.
Section 4. Effective and Operative Date.
This Local Law shall take effect January 1, 2016, provided it is first filed in the office of the
Secretary of State, or upon filing in the office of the Secretary of State thereafter. This Local Law
is subject to referendum on petition pursuant to Municipal Home Rule Law Section 24.
Alderperson Mohlenhoff explained that this Local Law changes the definitions for “Low Foot
Traffic Lots” and creates a definition for “Double-Low Foot Traffic Lots”. These new definitions
will change the way that single parcels with two houses on it are assessed.
A roll call vote resulted as follows:
Alderperson Brock – Aye Alderperson McGonigal – Aye
Alderperson Clairborne – Aye Alderperson Murtagh – Aye
Alderperson McCollister – Aye Alderperson Fleming – Aye
Alderperson Smith – Aye Alderperson Kerslick – Aye
Alderperson Mohlenhoff – Aye Alderperson Martell – Aye
Carried Unanimously
August 5, 2015
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9.4 Reaffirming Support for a Single-Payer Approach to Controlling Health-Care Costs
and Ensuring Everyone is Covered and Urging the New York State Assembly and Senate
to Enact the New York Health Act A.5062 (Gottfried)/S.3525 (Perkins)
By Alderperson Mohlenhoff: Seconded by Alderperson Clairborne
WHEREAS, the City of Ithaca Common Council supports a single-payer approach to health-
care coverage for New York State; and
WHEREAS, a single-payer approach, as the name implies, only federalizes how healthcare
providers are paid, leaving the choice of doctors and hospitals completely up to each individual
and the choice of treatment up to each patient and his/her doctor; and
WHEREAS, access to health care continues to be a major concern for all Americans and New
York State residents (with over one million currently uninsured and a growing number
underinsured); and
WHEREAS, healthcare costs continue to rise at rates above inflation and, under current
conditions, the share of state income spent on health care and the administration of the health
care system will rise to 18 percent by 2024, much faster than incomes are rising; and
WHEREAS, the Common Council continues to believe that controlling health-care costs and
ensuring health care for all residents are both of paramount importance; and
WHEREAS, the simplest approach is to move directly from the current multiple-payer approach,
with its high costs of administration, marketing, and profits for shareholders of the many
insurance companies, to a single-payer system, where the government is the insurer of all, a
system used in other industrialized democracies; and
WHEREAS, New York Health would generate savings by replacing the complicated, costly, and
often chaotic claims procedure currently employed by thousands of public and private insurance
providers, with a simple, one-stop single-payer system for all claims; and
WHEREAS, Senator Bill Perkins and Assemblyman Richard Gottfried have introduced the New
York Health Act, A.5062 (Gottfried)/S.3525 (Perkins), which would establish a comprehensive
universal health insurance program for all New Yorkers, with access to medical services and
providers of their choice, without regard to age, income, health, or employment status, and
would impact both individual and public-health outcomes; and
WHEREAS, New York Health will replace the current multi-payer system of employer-based
insurance, individually-acquired insurance, and federally sponsored programs (e.g. Medicare
and Medicaid) with a single-billing system funded by progressively-graduated assessments
collected by the State and based on ability to pay; and
WHEREAS, New York Health will be publicly financed by two assessments based on ability to
pay (a progressively graduated state payroll tax similar to the Medicare tax on payroll and self-
employment income, and a surcharge on non-employment income (e.g. interest, dividends,
capital gains); and
WHEREAS, New York Health will pool all health revenue sources (e.g. assessments, federally-
matched public health programs, Affordable Care Act subsidies, and other revenue sources)
into a dedicated New York Health Trust Fund and pay Providers directly; and
WHEREAS, New York Health will reduce billing expenses, administrative waste, monopolistic
pricing of drugs and medical devices, and fraud, overall health care spending would be reduced
by 15 percent or $45 billion per year by 2019; and
WHEREAS, New York Health will reduce healthcare costs for government, public school
districts, businesses, and individuals in New York State, eliminate the “local share” funding of
Medicaid that has been such a financial burden for County property taxpayers, and eliminate
out-of-pocket expenses, insurance premiums, insurance co-pays, and deductibles (98 percent
of New Yorkers will pay less for their health care than they do today; and businesses, especially
small businesses, will benefit from reduced costs); and
WHEREAS, the April 2015 Economic Analysis of New York Health, by Gerald Friedman,
Professor and Chair of the Economics Department, University of Massachusetts at Amherst,
reports savings from reduced health care spending in the amount of $71 billion (most savings
are from eliminating private health insurance overhead and profits, reducing doctor and hospital
billing and insurance-related expenses, eliminating uncompensated care from health providers,
public hospitals and health centers, and decreasing drug and medical device costs with
enhanced negotiating power); and
August 5, 2015
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WHEREAS, the April 2015 Economic Analysis of New York Health reports a net savings of
$44.7 billion, after projected program improvements and expansion of $25 billion for increased
utilization due to universal coverage, expanded and more comprehensive health benefits,
Medicaid and Medicare rate equity (increased provider reimbursement), unemployment
insurance and job transition and retraining for lost insurance billing and claims jobs; and
WHEREAS, New York Health would expand the network of providers to ensure continuity of
care, and include a more comprehensive healthcare-benefits package that includes preventive
care, primary care, specialist, hospital care, rehabilitation care, occupational therapy, physical
therapy, mental health care, dental care, vision and hearing care, reproductive health care,
prescription drugs, and medical supplies/devices (a requirement for the development of a long-
term care financing and benefits plan is included in the proposed legislation); and
WHEREAS, New York Health would save enough in unnecessary costs to pay for the costs of
universal health care coverage for all, extending coverage to all the uninsured and underinsured
for basic necessary medical care, and would provide a more comprehensive benefits package
at significantly less cost than the one offered through recent federal legislation; now, therefore
be it
RESOLVED, That the City of Ithaca Common Council strongly supports adoption of the New
York Health Act, A.5062 (Gottfried)/S.3525 (Perkins); and, be it further
RESOLVED, That the Common Council urges the New York State Legislature and the
Governor recognize the widespread support for a new public approach, understand there is no
stronger measure New York could take to cut our property taxes than to pass this bill into law,
and take the opportunity to accomplish this major and long-needed reform; and, be it further
RESOLVED, That the City Clerk send certified copies of this resolution to Governor Andrew
Cuomo, Senators John Flanagan, Jeffrey Klein, Kemp Hannon, Andrea Stewart-Cousins, Bill
Perkins James Seward, Michael Nozzolio, and Tom O’Mara, and Assemblymen Carl Heastie
and Richard Gottfried, and Assemblywoman Barbara Lifton; and, be it further
RESOLVED, That the City of Ithaca Common Council lends its voice to other municipalities
within Tompkins County who have adopted similar resolutions and forwarded those to the
Governor and appropriate State representatives.
Alderperson Kerslick and Alderperson Clairborne thanked Barbara Harrison and Rebecca Elgie
for their commitment to this issue and for bringing it forward.
Alderperson Smith noted that he is a big supporter of this movement and is happy to put his
voice toward it.
A vote on the Resolution resulted as follows:
Carried Unanimously
9.5 Finance - Approval of 2013 City Single Audit – Resolution
By Alderperson Mohlenhoff: Seconded by Alderperson Clairborne
RESOLVED, That the Independent Auditor’s Report for the period January 1, 2013, through
December 31, 2013, prepared by the accounting firm of Ciaschi, Dietershagen, Little, Mickelson
& Company, LLP, be accepted to comply with all the City’s applicable Governmental Accounting
Standards Board (GASB) Statement 34 and other related audit and single-audit requirements.
Leslie Spergen, Auditor, presented a rough draft of the 2013 Audit Report to Common Council,
noting that the final report would be distributed within a few weeks. She stated that a few issues
have carried over from the past, specifically late reporting. She stated that she has laid out a
plan with the City Controller’s Office for moving forward. The goal is to have the 2014 audit
complete by the end of this year, noting that the City is not currently in compliance with State
regulations on reporting but should be by 2015.
Ms. Spergen further explained that there is a big effort underway to upgrade the MUNIS
financial software, noting that all capital project and fixed asset accounting is currently being
entered manually in spreadsheets.
She further announced that Ciaschi, Dietershagen, Little, Mickelson & Company would be
merging with a firm out of Rochester; however, their office will remain in Ithaca. She noted that
both companies have very similar values for client services and the merge will make additional
resources available to their clients.
August 5, 2015
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A vote on the Resolution resulted as follows:
Carried Unanimously
9.6 City Controller’s Report
City Controller Thayer reported on following:
The 2016 budget process has begun – department meetings have started and will
continue through early September.
The property tax cap starts at rate of inflation which is .73% (last year it was 1.56%)
adjustments will still be made to this figure.
2015 activity:
o Sales tax collections show slow growth – collections are running 1.3% lower than
last year
o Overtime - $629,00 spent of the $947,000 that was budgeted
o Permit revenue - $854,000 has been collected to date – $700,000 was budgeted
o Parking revenue – $1.24 million was budgeted. Collections are currently on pace
to be under budget. The pay stations are operating; however, modifications are
needed in terms of additional signage and education
o The CPI is -.1% which is very low and could impact Cornell’s voluntary annual
contribution to the City
o Mortgage tax – 1st payment of $166,000 has been received. This is higher than
last year’s 1st payment.
Alderperson McCollister stated that she is a fan of the pay stations in theory; however, the City’s
roll out needs more work. She noted that the signage is confusing, having to cross the streets
to access the machines is not good, the headless meter poles are unattractive and dangerous,
and sight lines need to be improved.
Alderperson Brock reported that the meter heads will be reinstalled at mobility accessible
parking spaces to provide immediate options to pay without having to cross the street or travel
to the nearest pay station. Implementation of the Park Mobile mobile device app should begin
August 15, 2015, which will allow payment directly from a mobile device.
Alderperson Brock further stated that she was able to attend the TCAT budget presentation.
TCAT is looking for an increase in funding as 30% of their fleet is past due for replacement and
more maintenance has been required to keep the buses operating. An increased contribution of
$100,000 by each of the partners would facilitate the replacement of 3 TCAT buses.
PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE:
Alderperson Murtagh announced that there would be a public hearing on the City’s
Comprehensive Plan at the August 12, 2015 Planning and Economic Development Committee
meeting. He encouraged everyone to attend.
INDIVIDUAL MEMBER – FILED RESOLUTIONS:
13.1 Alderperson Brock - Resolution to Select Artwork for a Mural Installation in the
Dryden Road Parking Garage
By Alderperson Brock: Seconded by Alderperson Martell
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 by resolution on May 19, 2010, and the City’s Dryden Road Parking Garage was added to
this list of approved locations by the Board on July 14, 2014; and
WHEREAS, the City’s Parking Division has requested that the PAC seek multiple murals for the
Dryden Road Parking Garage to enliven dark areas within the garage while also deterring graffiti
and reducing ongoing maintenance costs, and nine murals were previously selected for
installation by Common Council on December 3, 2014; and
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WHEREAS, Dennis and Maria Bauser submitted a proposal for a mural featuring a character
releasing butterflies and dragonflies, as part of the PAC’s Mural and Street Art Program; and
WHEREAS, the mural was originally proposed for installation on the Columbia Street Pedestrian
Bridge, but based on input from the Natural Areas Commission, the PAC sought alternate
locations for the mural and believes the Dryden Road Parking Garage is an appropriate site;
and
WHEREAS, the PAC held a public comment period on the mural design and location at its
meeting on June 24, 2015 and July 22, 2015 to gather input on the proposed installation, and
the majority of the responses to the proposal have been positive; and
WHEREAS, the artists will donate their time and materials to install the mural, and the
installation will be budget-neutral to the City; and
WHEREAS, at its meeting on July 22, 2015, the Public Art Commission voted to recommend
that the Common Council select Dennis and Maria Bauser’s mural to be installed in the Dryden
Road Parking Garage; now, therefore; be it
RESOLVED, That the City of Ithaca Common Council selects Dennis & Maria Bauser’s mural
featuring a character releasing butterflies and dragonflies, as recommended by the Public Art
Commission, to be installed in the Dryden Road Parking Garage and to be added to the City of
Ithaca’s public art collection; and, be it further
RESOLVED, That the selected artists may proceed with the installation of the mural upon the
execution of an agreement with the City as reviewed by the City Attorney.
Carried 9-0
Alderperson McCollister absent from vote
Alderperson Brock noted that there would be a ribbon cutting for the artwork tomorrow at the
Dryden Road Parking Garage.
MAYOR’S APPOINTMENTS:
14.1 Reappointments to Commons Advisory Board – Resolution
By Alderperson Mohlenhoff: Seconded by Alderperson Smith
RESOLVED, That Kris Lewis be reappointed to the Commons Advisory Board with a term to
expire December 31, 2017; and, be it further
RESOLVED, That Nancy Brooks be reappointed to the Commons Advisory Board with a term to
expire December 31, 2017; and, be it further
RESOLVED, That Michael Perehinec be reappointed to the Commons Advisory Board with a
term to expire December 31, 2017; and, be it further
RESOLVED, That Joseph Wetmore be reappointed to the Commons Advisory Board with a
term to expire December 31, 2017, and, be it further
Reappointment to Public Art Commission
RESOLVED, That Sally Grubb be reappointed to the Public Art Commission with a term to
expire June 30, 2018.
Carried Unanimously
REPORTS OF COMMON COUNCIL LIAISONS:
Alderperson Smith reported that Cornell University’s Hackathon will be taking place September
18-20, 2015. The University will be inviting 100-150 students to discuss innovative technologies
with a focus on non-profits in government.
Collegetown business owners are forming a “Collegetown Small Business Alliance” and are
looking for ways to coordinate with the City in a more productive manner in order to resolve
concerns.
REPORT OF CITY CLERK:
City Clerk Conley Holcomb announced that the 2015 BEAR Walk and Information Fair will be
held on September 1, 2015, from 5:30 – 8:30 pm. This year, the 400 block of College Avenue
will be closed for a street fair with information tables, performances by the Cornell Marching
Band and Acapella groups, free ice cream, raffles, etc. President Garrett and Mayor Myrick will
be speaking along with the President of the Student Assembly. She encouraged everyone to
attend.
August 5, 2015
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Alderperson Mohlenhoff thanked Cornell University for hearing the feedback from last year’s
event and making improvements such as the street fair. She also thanked City Clerk Conley
Holcomb for her work with this group
Alderperson McCollister asked if a noise permit had been issued for this event. City Clerk
Holcomb responded that the Mayor had approved a noise permit.
MINUTES FROM PREVIOUS MEETINGS:
Approval of the July 1, 2015 Common Council Meeting Minutes – Resolution
By Alderperson Kerslick: Seconded by Alderperson Mohlenhoff
RESOLVED, That the minutes of the July 1, 2015 Common Council meeting be approved as
corrected.
Carried Unanimously
ADJOURNMENT:
On a motion the meeting adjourned at 8:25 p.m.
______________________________ _______________________________
Julie Conley Holcomb, CMC Svante L. Myrick
City Clerk Mayor