HomeMy WebLinkAboutMN-CC-2015-11-04COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 6:00 p.m. November 4, 2015
PRESENT:
Mayor Myrick
Alderpersons (10) Brock, McGonigal, Murtagh, Clairborne, McCollister, Fleming,
Smith, Kerslick, Martell, Mohlenhoff
OTHERS PRESENT:
City Clerk – Conley Holcomb
City Attorney – Lavine
City Controller – Thayer
Superintendent of Public Works – Thorne
PLEDGE OF ALLEGIANCE:
Mayor Myrick led all present in the Pledge of Allegiance to the American Flag.
ADDITIONS TO OR DELETIONS FROM THE AGENDA:
There were no additions to or deletions from the agenda.
PROCLAMATIONS/AWARDS:
Mayor Myrick proclaimed November 7, 2015 Community Foundation of Tompkins
County Day in the City of Ithaca.
SPECIAL ORDER OF BUSINESS:
4.1 Public Hearing on the Mayor’s Proposed 2016 City of Ithaca Budget
Resolution to Open Public Hearing:
By Alderperson Smith: Seconded by Alderperson Clairborne
RESOLVED, That the public hearing on the Mayor’s Proposed 2016 City of Ithaca
budget be declared opened.
Carried Unanimously
No one appeared to address Common Council.
Resolution to Close Public Hearing:
By Alderperson Smith: Seconded by Alderperson Kerslick
RESOLVED, That the public hearing on the Mayor’s Proposed 2016 City of Ithaca
budget be declared closed.
Carried Unanimously
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
The following people addressed Common Council:
Sephie Zapala, Town of Ithaca, invited Council members to attend a film series that will
be shown Wednesday nights at 7:15 pm at Cinemapolis that highlight different aspects
of Palestinian life. The film series is being hosted by Olive Branch Films – Ithaca.
Caroline Byrne, City of Ithaca, reported that she has collected approximately 630
signatures on the following petition:
“President Elizabeth Garrett and Trustees of Cornell University:
We, the undersigned, agree that Cornell University must increase its payment
provided to City of Ithaca.
Cornell University is amply supported by private donors, the state and federal
government, and student tuition. Unfortunately, Cornell claims to have insufficient funds
for the city that physically supports it. Cornell’s tax exempt property comprises half of
the total property value in the City of Ithaca. If Cornell paid property taxes on all its tax
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exempt property city and countywide, it would face an annual tax bill of well over $30
million.
The University pays a small “payment in lieu of taxes” or PILOT on its large tax exempt
property. Under Cornell’s annual PILOT agreement, Cornell has had an annual tax
obligation of approximately $1.25 million since 2004. Cornell’s PILOT payment, water
and sewer payments, and property tax payments on a small amount on non-exempt
property, add up to about $2.8 million, less than 5% of the City of Ithaca’s annual
revenue. $2.8 million is also considerably less than the annual salary Cornell pays
some of its faculty members.
The PILOT agreement is “based on what the University thinks it can afford”, and Cornell
can afford to pay more. The University’s endowment is the highest it has ever been and
it is almost double what it was in 2004. Cornell’s most successful fundraising campaign
to day, Cornell Now, has raised $6 billion in the last 9 years; these funds are largely
separate from the endowment.
Cornell’s wealth is a problem because the University is subsidized by local citizens.
Cornell relies heavily on the city for some of its on campus services. For example, all of
the funds for its current PILOT go towards its on campus fire services alone.
Furthermore, students exist beyond the campus; the University enrolls over 2,000 more
students than it did ten years ago. They put pressure on city services such as public
safety, roads and other infrastructure. Property owners bear this burden directly
through their inflated property taxes. Renters pay when these taxes are passed on to
them monthly. This high cost of living forces people, especially low wage workers, out
of the city to make way for students and well paid employees.
Cornell’s arrangements with Ithaca may have been appropriate in the past when the
University was much smaller and manufacturing contributed heavily to the tax base.
However, today that precedent is used as an excuse by Cornell to withhold funds from
the city. Ithaca’s current mayor, Svante Myrick, has repeatedly asked for Cornell’s
PILOT to be increased to $6 million. This amount would only represent .28% or
approximately one quarter of one percent, of Cornell’s Ithaca campus operating budget.
Cornell must, in fairness, make this modest contribution. (References used in this
petition include Cornell Division of Budget and Planning, “Economic Impact of New York
State: Fiscal Year 2013”; https://dpb.cornell.edu/documents/Urel-econmicimactreport-
101014.pdf - October 2014, p.13; Office the NYS Comptroller,
http://www.osc.state.ny.us/localgov/pubs/research/propertytax_exemptions. Pdf, p.7;
Bill Chaisson and Louis Dipietro, “Big Red Control: Ithaca seeks bigger payment from
Cornell”, February 8, 2014.)
Joel Harlan, Town of Newfield, spoke about Cornell University’s voluntary contribution
to the City; the contributions of previous mayors to economic development; and
potential waterfront development projects.
PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR:
Alderperson Murtagh announced that the St. Catherine’s Greek Orthodox Church will be
celebrating their 50th Anniversary with a special speaker and a reception on November
21, 2015 from 4:00 – 6:00 pm.
Alderperson Clairborne announced that the Ithaca Youth Council is sponsoring a Warm
Clothing Drive to help homeless youth in Tompkins County. They will be collecting
clothes at the Ithaca High School, Lehman Alternative Community School, and the
Ithaca Youth Bureau November 20-28, 2015.
He also announced that GIAC is hosting its annual Harvest Fest Dinner on November
20, 2015 from 6:00 – 8:00 pm at Beverly J. Martin Elementary School. Alderperson
Clairborne further extended his congratulations to his “hometown team”, the Kansas
City Royals, for their World Series win!
Mayor Myrick thanked Ms. Byrne for her efforts, noting that 630 signatures is quite a lot
for a short amount of time. He encouraged her to keep up her good work.
November 4, 2015
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CONSENT AGENDA ITEMS:
City Administration Committee:
8.1 Department of Public Works – Request to Amend Personnel Roster -
Resolution
By Alderperson Smith: Seconded by Alderperson Murtagh
WHEREAS, the Department of Public Works is the largest department in the City of
Ithaca, with a complex funding and accounting structure including six (6) funds (General
Fund, Water Fund, Sewer Fund, Solid Waste Fund, Sidewalk Fund and Stormwater
Fund) and 62 separate accounts throughout its four divisions and an annual budget of
$27 million; and
WHEREAS, the Department of Public Works receives various revenue streams from
Water and Sewer billings, Streets and Facilities billings, Newman Golf Course, parking
revenues, and from outside sources such as the Consolidated Highway Improvement
Program (CHIPS); and
WHEREAS, the Department of Public Works is currently supported by one
Administrative Coordinator, one Financial Clerk, and two Financial Management
Assistants, with one open funded position; and
WHEREAS, the Superintendent of Public Works has identified the need for developing
and implementing consistent financial and accounting procedures within its four
divisions for matters concerning billing, budget preparation, cost tracking, cost reporting,
payroll, and budget planning, and has explored various options for accomplishing these
goals; and
WHEREAS, the Superintendent of Public Works is recommending the creation of a
Manager of Fiscal Operations position as the most effective means of achieving these
goals; and
WHEREAS, the Ithaca Civil Service Commission established the classification of
Manager of Fiscal Operations at their September 2, 2015 meeting; now, therefore be it
RESOLVED, That the Personnel Roster of the Department of Public Works be
amended as follows:
Add: One (1) Manager of Fiscal Operations
Delete: One (1) Fiscal Manager
and be it further
RESOLVED, That the position of Manager of Fiscal Operations be assigned to the
managerial compensation plan at salary grade 8; 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 workday for
this position shall be established at eight (8) hours per day (forty (40) hours per week);
and, be it further
RESOLVED, That the funding for this change shall be derived from existing funds within
the Department of Public Works budget.
Carried Unanimoulsy
8.2 Fire Department - Fire Safety Audit Corrective Action Plan - Resolution
By Alderperson Smith: Seconded by Alderperson Murtagh
WHEREAS, the Office of the State Comptroller conducted an audit of certain aspects of
the fire safety inspection process used by various municipalities, including the City; and
WHEREAS, the final audit report was issued on May 27, 2015, and contained four
recommendations for improvements to the City’s review, approval, and documentation
of the fire plans, evacuation plans, and fire drills required of certain property owners
under the New York State Fire Code; and
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WHEREAS, General Municipal Law §35 requires Common Council to approve a
Corrective Action Plan detailing how and when measures will be implemented to
address the recommendations; and
WHEREAS, the Fire Department has already taken corrective action to implement the
recommendations contained in the audit as detailed in the Ithaca Fire Department 2015
Corrective Action Plan, and Council believes that such actions effectively address the
issues raised in the recommendations; now, therefore be it
RESOLVED, That Common Council approves the Ithaca Fire Department 2015
Corrective Action Plan; and, be it further
RESOLVED, That the City Clerk shall submit a copy of the Ithaca Fire Department 2015
Corrective Action Plan to the Office of the State Comptroller, and shall maintain the plan
on file for review by the public.
Carried Unanimously
8.3 Fire Department - Authorization to Enter Into Purchase Agreement with
Houston-Galveston Area Council (H-GAC) – Resolution
By Alderperson Smith: Seconded by Alderperson Murtagh
WHEREAS, General Municipal Law §103 authorizes the City to purchase apparatus,
materials, equipment and supplies, including vehicles, and to contract for services
related to the installation, maintenance or repair of those items, through the use of
contracts let by the United States or any agency thereof, any state or any other political
subdivision or district therein so long as the contract is let in a manner that constitutes
competitive bidding consistent with state law; and
WHEREAS, the Houston-Galveston Area Council (H-GAC), a political subdivision of the
state of Texas, issues public competitive bids and awards contracts for public safety,
public works, and communication products and services, which are made available to
local governments nationwide through H-GAC Buy; and
WHEREAS, the Fire Department and Department of Public Works have identified lower
prices on certain products if purchased through H-GAC; and
WHEREAS, H-GAC’s competitive bidding process is consistent with New York State
law in that it publicly advertises each contract and bid specifications, evaluates and
selects the contract award based on the lowest responsible bidder or best value
standard; both methods are also authorized under New York State law, and with
specific regard to best value, was authorized within the City pursuant to Local Law; and
WHEREAS, to purchase through H-GAC, Common Council must authorize the City’s
entry into an Inter-local Contract for Cooperative Purchasing, and there is no fee for
entering into the agreement as the service is supported through administrative fees
assessed to the contractors; now, therefore be it
RESOLVED, That the Mayor is authorized, upon the consultation and advice of the City
Attorney, to sign the above referenced agreement between the City of Ithaca and H-
GAC.
Carried Unanimously
8.4 Fire Department – Authorization to Enter Into Purchasing Cooperative
Agreements
By Alderperson Smith: Seconded by Alderperson Murtagh
WHEREAS, General Municipal Law §103 authorizes the City to purchase apparatus,
materials, equipment and supplies, including vehicles, and to contract for services
related to the installation, maintenance or repair of those items, through the use of
contracts let by the United States or any agency thereof, any state or any other political
subdivision or district therein so long as the contract is let in a manner that constitutes
competitive bidding consistent with state law; and
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WHEREAS, City Departments have identified savings on certain products offered
through purchase cooperatives run by state political subdivisions (school districts,
municipalities, etc.) issuing public competitive bids and awarding contracts for various
public safety, public works, communication products and services, and other products,
and which contracts are then made available to local governments through membership
in the cooperative; and
WHEREAS, to purchase through such purchasing cooperatives, the City must typically
execute an agreement to participate; now, therefore be it
RESOLVED, That the City’s purchasing policy be amended to authorize the Mayor,
upon the consultation and advice of the City Attorney and the City Controller, to enter
into purchasing cooperatives agreements with other governmental entities or political
subdivisions, where there is no fee to the City to become a member, and where the
cooperatives and their underlying bidding procedures meet the requirements of General
Municipal Law §103.
Carried Unanimously
8.5 Department of Public Works - Reclassification of Sidewalk Program
Manager Position – Resolution
By Alderperson Smith: Seconded by Alderperson Murtagh
WHEREAS, the Sidewalk Program Manager requested a review of his position pursuant
to the terms of the CSEA Administrative Unit contract; and
WHEREAS, the review determined that the position has evolved beyond the duties and
responsibilities originally anticipated when it was created in January 2014; and
WHEREAS, the Human Resources Department reviewed the point factor evaluation of
the Sidewalk Program Manager position and determined that the growth in
responsibilities merits an increased point factor rating, which results in the reallocation
of the position to a higher salary grade; now, therefore be it
RESOLVED, That the position of Sidewalk Program Manager be reallocated from
Grade 13 to Grade 15 of the CSEA Administrative Unit Compensation Plan; and, be it
further
RESOLVED, That funding in the amount of $2,540.76 to cover this salary increase
retroactive to August 13, 2015 shall be derived from Account #S-5410.
Carried Unanimously
PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE:
Alderperson Murtagh reported that the Planning and Economic Development
Committee will be discussing the CIITAP policy at the November meeting which has
been rescheduled to November 19, 2015 due to the Veterans Day Holiday.
CITY ADMINISTRATION COMMITTEE:
10.1 Fire Department – Approval of City of Ithaca/Town of Ithaca Fire Contract -
Resolution
By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick
WHEREAS, the existing agreement between the Town of Ithaca and the City of Ithaca
by which the Ithaca Fire Department provides service to the Town of Ithaca is set to
expire on December 31, 2015; and
WHEREAS, the City and Town previously extended the contract from a December 31,
2014 expiration to the current December 31, 2015 expiration in order to permit ongoing
negotiations to be completed; and
WHEREAS, after negotiating for well in excess of one year, negotiators for the City and
the Town recommend bringing the negotiations to a conclusion at this time so as to
avoid the necessity of an additional extension; and
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WHEREAS, throughout the negotiations, the Town’s negotiators insisted on identifying
cost savings to reduce the Town’s cost under this contract; and
WHEREAS, throughout the negotiations, the City’s negotiators insisted on maintaining
current levels of service in the face of proposed cost saving measures; and
WHEREAS, the Town identified and insisted upon the incentivizing of a volunteer
firefighting program, as a cost saving measure that could nonetheless maintain current
levels of service and current levels of professional firefighter staffing; and
WHEREAS, the resulting clause is reflected in section 13(a) of the accompanying
proposed contract, requiring the recruitment of five volunteer firefighters for every one
paid firefighter in excess of sixty-five positions in the Department, including
administrative staff; and
WHEREAS, the Department is currently staffed with sixty-three funded positions,
including administrative staff but not including the fraction of a position represented by
the contractual services purchased in lieu of a Deputy Chief; now, therefore be it
RESOLVED, That the Mayor, upon review by the City Attorney, is hereby authorized to
execute an agreement substantially as included herewith, and with such exhibits as may
be recommended by the City Controller and the City Attorney, setting a new term for
this contract to expire on December 31, 2019.
City Attorney Lavine noted that this contract will be in effect on January 1, 2016.
Discussion followed on the floor regarding the clause that requires the recruitment of
volunteer firefighters when staffing levels go above 65 firefighters. City Attorney Lavine
explained that the current staffing of the Ithaca Fire Department is 63 positions. The
hiring of the next two positions would not evoke the recruitment of volunteers; however,
adding a 66th position or positions above that number requires IFD to add 5 volunteers
for every paid staff member added. The City and the Town would share the training and
equipment costs for those volunteers. If the City adds that 66th (or higher) position
without adding the volunteers, the Town of Ithaca would not be required to pay 1/3 of
the costs of the position.
Alderperson Murtagh questioned the distinction between interior fire fighters vs. regular
fire fighters. City Attorney Lavine responded that any volunteers added to the
department must be interior qualified.
Alderperson Brock thanked Alderperson Fleming and City Attorney Lavine for their work
with the contract negotiations and inquired about the Town’s percentage share on the 5-
year schedule. City Attorney Lavine clarified that the Town’s percentage share are
estimates at this time as the actual payments are based on the total assessed property
value in the Town and could be adjusted up or down. There is no minimum or
maximum payment.
Alderperson Brock further asked what the Town’s obligation is toward the post-
employment benefits of the firefighters hired under these contracts, noting that the
responsibilities should be distributed between the two parties. City Attorney Lavine
responded that the Town does not have any obligation toward post-employment
benefits at this time; however, it a good recommendation for future contract discussions.
Alderperson Clairborne asked if the Board of Fire Commissioners has submitted any
feedback. City Attorney Lavine stated that he reached out to individual members of the
Board since they did not meet prior to this meeting, but no responses have been
received. Alderperson Clairborne noted that the Board of Fire Commissioners has been
involved in contract negotiations in the past and believes that process should be
continued.
Alderperson Mohlenhoff disclosed that she is married to a firefighter; however, there is
no financial conflict of interest so she will support the approval of the contract. She
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stated that she is very concerned about perpetuating the perception that volunteers are
free, noting that there are many associated costs related to the use of volunteers
(training, outfitting, etc.)
Alderperson McGonigal noted that he would not support the approval of the contract at
this time out of respect to the Board of Fire Commissioners, stating that he would like to
hear from them prior to the vote.
A vote on the Resolution resulted as follows:
Ayes (9) Brock, Clairborne, Murtagh, McCollister, Fleming, Smith, Kerslick
Mohlenhoff, Martell
Nays (1) McGonigal
Carried
10.2 City Attorney – Endorsement of Joint Efforts to Secure State Grant Funding
for a City-County Law Enforcement Consolidation Study - Resolution
By Alderperson Mohlenhoff: Seconded by Alderperson McCollister
WHEREAS, the City of Ithaca and Tompkins County have long worked together as part
of an ongoing effort to reduce redundancies, increase efficiency, and alleviate the tax
burden on their residents; and
WHEREAS, the protection of life and property is one of the most vital, and most costly,
functions of government at all levels; and
WHEREAS, that public function is fulfilled in Tompkins County through a number of
police agencies, the largest of which are the Ithaca Police Department and the
Tompkins County Sheriff’s Office; and
WHEREAS, the City of Ithaca and Tompkins County have allocated $16,780,212.00 in
their respective 2015 budgets, representing 25% of the combined property tax levies of
the City and County, to support their respective police agencies; and
WHEREAS, since the 1950’s, cities and counties across the country have successfully
consolidated municipal and county police services as a way to decrease costs and
improve the quality of the services offered to residents; and
WHEREAS, the implementation of police services on a county-wide level allows for a
more seamless distribution of police services unrestricted by municipal boundaries and
that more accurately reflect the needs of city and county residents alike; and
WHEREAS, cities and counties throughout New York State have recognized the
opportunity for improved quality and efficiency that may be afforded by consolidating
police services and have, as a result, begun the process by investing in a
comprehensive analysis of the feasibility of consolidating or sharing police services; and
WHEREAS, in 2004, the City of Ithaca and Tompkins County achieved efficiency and
cost savings through the consolidation of emergency dispatch services; and
WHEREAS, the City of Ithaca and Tompkins County currently operate under a Mutual
Aid Agreement with respect to the City of Ithaca’s Special Weapons and Tactical unit;
and
WHEREAS, as a result of years of cooperation and previous successful consolidation
efforts, the City of Ithaca and Tompkins County are especially well positioned to achieve
efficiencies through the consolidation of further shared services between the City of
Ithaca Police Department and the Tompkins County Sheriff’s Office; and
WHEREAS, New York State has encouraged communities to identify and implement
consolidation and shared service opportunities and has established various grant funds,
including a $150 million onetime allocation for the Governor’s Municipal Restructuring
Fund, to support such efforts; now, therefore be it
November 4, 2015
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RESOLVED, That the City of Ithaca Common Council endorses a joint effort to secure
State grant funding and/or other aid that will, in turn, fund a detailed analysis of the
feasibility and opportunities for consolidation via a countywide police agency, or further
sharing of police services between the City of Ithaca and Tompkins County; and, be it
further
RESOLVED, That the City of Ithaca Common Council instructs the Mayor to jointly
propose for approval by both legislative bodies:
An application for grant funding in support of such a study and associated eligible
costs.
A request for proposals (RFP) for the study of the feasibility and opportunities for
consolidation and sharing of police services between the City of Ithaca and
Tompkins County.
Alderperson McCollister noted that this concept is great but will present many
challenges such as maneuvering through the bargaining agreements for the various
municipalities. Mayor Myrick agreed, noting that there is a huge variance in labor
contracts between agencies; however, he believes that a lot of valuable information
could be collected during this study.
Alderperson Clairborne stated that the Mayor and Common Council should have a hand
in creating the questions for this study, noting that it is very important that Council has a
thorough understanding of what is being studied. He stated that he would like to hear
from other municipalities who have successfully implemented a consolidation or sharing
of services. There are many considerations including creating a staffing structure;
leadership/responsibility (County department vs. City department); how community
policing and law enforcement accessibility to city residents would be impacted, etc.
A vote on the Resolution resulted as follows:
Carried Unanimously
10.3 A Local Law Entitled “Confirmation of the Sidewalk Improvement District
Assessments, Budget, and Schedule of Work for Fiscal Year 2016”
By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick
WHEREAS, Section C-73 of the City Charter creates five Sidewalk Improvement
Districts (each a “SID”) for the construction and repair of sidewalk, and provides for an
assessment against each property located in each SID for the benefits received by the
property from said construction and repair; and
WHEREAS, the Board of Public Works has recommended a budget, schedule of work,
and schedule of assessments for Fiscal Year 2016, subject to review, amendment, and
confirmation by the Common Council; and
WHEREAS, Section C-73 provides that Council shall amend as appropriate and confirm
the SID assessments, budget, and schedule of work after a public hearing; and
WHEREAS, the appropriate public hearing has been held, and Council has given due
consideration to the comments made; if any.
Local Law No. ____-2015
NOW, THEREFORE 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.
November 4, 2015
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The Common Council has reviewed the assessments, budget, and schedule of work
recommended by the Board of Public Works for Fiscal Year 2016, and makes the
following findings of fact:
A. The public hearing prior to confirmation required by Section C-73 has
been held, and all owners of property subject to a SID assessment
appearing to speak before Council have had an opportunity to do so.
B. The attached schedule of work, as recommended by BPW and previously
subject to review by Council, constitutes a set of local improvements, the
cost of which should be assessed against the properties located in the SID
in which the work is to be performed.
C. The attached budget, and the related assessments reflected on the
assessment roll kept on file with the City Clerk, are necessary to defray
the cost of construction and maintenance of sidewalk in the City, and
Council has made a legislative judgment that each property in each SID is
being assessed in proportion to the benefit received by that property from
the sidewalk construction and repair contained in the schedule of work.
Section 2. Confirmation of the Assessments, Schedule of Work, and Budget.
The Common Council approves and confirms the assessment roll, a copy of which is
maintained in the City Clerk’s office, and the budget and schedule of work attached
hereto, and imposes a lien upon each property so assessed as set forth in the
assessment roll.
In the event there are additional funds available following completion of the schedule of
work, or changes to the work plan are required for financial, engineering, or other
reasons, the Superintendent of Public Works or his or her designee may alter the
schedule of work in his or her discretion, as instructed by the Board of Public Works
from time to time; provided, however, that if such actions affect ten percent or more of
any Sidewalk Improvement District’s annual levy, such actions must be approved by
resolution of the Board of Public Works.
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.
Section 4. Effective and Operative Date.
This Local Law shall be effective immediately after filing in the office of the Secretary of
State.
Alderperson McCollister recommended that Council members get more involved with
communicating with the residents of their wards, noting that a lot of great stretches of
sidewalk are being installed/replaced; however, residents need to be reminded that they
could replace the sidewalks in front of their homes and seek reimbursement from the
City to make this program a true success.
Alderperson Mohlenhoff noted that Sidewalk Program Manager Hathaway has been
great about adding defective sidewalks to the schedule when he is notified of a problem.
Alderperson Murtagh agreed that Sidewalk Program Manager Hathaway’s outreach
efforts have been terrific. He stated that this has been a transformative policy and he
has received very positive feedback from residents.
Alderperson McGonigal agreed that Sidewalk Program Manager Hathaway has been
doing a really good job; however, the way the districts were designed, each district has
a different amount of funding to work with. He noted that SID 5 has the least amount of
funding with the most amount of work that needs to be completed.
November 4, 2015
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A roll call vote on the Local Law 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
10.4 Adoption of 2016 Budget - Resolution
By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick
WHEREAS, this Common Council is now considering adoption of the Amended
Executive Budget for 2016 at its November 4, 2015 meeting, as approved by the
Committee of the Whole; and
WHEREAS, it is the consensus of this Common Council that the total appropriations
and estimated revenues, as set forth in said Amended Executive Budget for 2016, and
as those amounts may be altered by action of this Common Council at its November 4,
2015 meeting, are adequate for the operation of the City during 2016; now, therefore be
it
RESOLVED, That this Common Council accepts and approves said Amended
Executive Budget for 2016, together with any additional changes made in said budget at
Council's November 4, 2015 meeting as the City of Ithaca Budget for 2016, in the total
amount of $67,687,080; and, be it further
RESOLVED, That the following sections of the 2016 Budget be approved:
A) General Fund Appropriations
B) Water Fund Appropriations
C) Sewer Fund Appropriations
D) Solid Waste Fund Appropriations
E) Sidewalk Special District Fund Appropriations
F) Stormwater Drainage Special District Fund Appropriations
G) General Fund Revenues
H) Water Fund Revenues
I) Sewer Fund Revenues
J) Solid Waste Fund Revenues
K) Sidewalk Special District Fund Revenue
L) Stormwater Drainage Special District Fund Revenue
M) Debt Retirement Schedule
N) Capital Projects
O) Schedule of Salaries and Positions - General Fund
P) Schedule of Salaries and Positions - Water & Sewer Fund
Q) Schedule of Salaries and Positions - Sidewalk Special District Fund
R) Schedule of Salaries and Positions - Solid Waste Fund
S) Schedule of Salaries and Positions – Stormwater Drainage Special District
Fund
T) Authorized Equipment - General Fund
U) Authorized Equipment - Water Fund
V) Authorized Equipment - Sewer Fund
W) Authorized Equipment - Solid Waste Fund
X) Authorized Equipment - Sidewalk Special District Fund Balance
Y) Authorized Equipment - Stormwater Drainage Special District Fund
City Attorney Lavine noted that the salary increases for the Mayor and Common Council
also requires the approval of a separate Local Law pursuant to New York State law.
Alderperson Mohlenhoff reported that Planning and Development Director Cornish
confirmed that she is fine with the Code Inspector funding becoming available in March,
2016.
November 4, 2015
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City Controller Thayer distributed the updated list of changes made at the last budget
meeting.
Alderperson Clairborne asked how this budget reflects the tax cap. City Controller
Thayer noted that the budget came in at a 1.6% levy increase, below the 2.24% tax cap.
The City will be able to apply those savings to the 2017 tax cap.
TCAT Funding:
Representatives of TCAT and the TCAT Board joined Common Council.
To address TCAT’s need for additional budget funding, two scenarios have been
discussed:
1.) Mortgage recording tax revenue could be used to balance the budget
2.) Increase in City/County/Cornell funds to balance budget & use the mortgage
recording tax to build up capital reserves to purchase needed equipment.
Alderperson Mohlenhoff explained that the City has an old capital reserve fund with a
balance of $42,000 with the intended use to go towards the purchase of new buses.
Common Council members previously indicated that they are comfortable directing
$25,000 of that funding to TCAT to address their request for an additional $100,000
from each partner for the purchase of new buses.
Alderperson Murtagh asked if the money in that fund could be used for operating
expenses vs. equipment purchases. City Controller Thayer responded that the money
in the old capital reserve fund could be moved into a new capital reserve fund for TCAT;
however, it needs to be used for capital expenses and cannot be used for operational
expenses. Once TCAT receives those funds, they can reallocate other funds within
their budget for operating purposes.
Alderperson Kerslick expressed concern about the process being followed, noting that
the first entity to vote on the funding, gets to set the level of funding for the other two
entities (City of Ithaca, Tompkins County, Cornell University). He stated that he does
not want to increase the tax rate for this funding request and noted that TCAT’s future
funding trajectory may force them to make difficult service decisions as the City has had
to do. He further stated that City residents pay both City and County taxes and therefore
are paying twice for this service.
Alderperson Smith also expressed concerns regarding the process stating that the three
partners divide annual costs equally, but now the entities are being asked for increased
funding individually and are being leveraged against each other. He questioned TCAT’s
future budget projections and noted that they were most likely not sustainable from the
City’s perspective. He stated that he supports the additional $25,000 funding request
but hopes that future processes will include direct conversations with the partners.
Mr. William Gray, Chair of the TCAT Budget Committee stated that the 5 year budget
projections were provided to start the conversation regarding future funding needs and
potential service changes. He noted that all three parties received the request for
additional funding as part of the budget presentation that was made to them in July;
however, it was not provided in writing. He noted that the City has three representatives
on the TCAT Board who should have been communicating these needs to Common
Council.
Alderperson Brock acknowledged that process and communication could be improved.
She stated that the City has $42,000 in capital reserves that could be given to TCAT,
and asked what would happen if TCAT received less than they are requesting. Mr.
Gray explained that TCAT needs $310,000 (split 3 ways). If they only receive $75,000
or $150,000, they will make appropriate service changes when they are able to so
within the Federal regulations.
Alderperson Clairborne stated that the City has representation on TCAT Board and this
request should not be a surprise to Common Council. He stated that the City
representatives should have been given a direction from Common Council on how to
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proceed/vote on budget requests, and should have been informing Common Council of
the TCAT budget discussions throughout the year. He noted that changes to TCAT
services have huge ramifications on the people who rely on transit service to get to
work.
Mr. Frank Proto, TCAT Board, thanked Common Council for their concerted effort in
finding the necessary funding. He agreed that improvements to communication are
needed as he had assumed that the City representatives had kept Council apprised of
upcoming budget requests/needs. He further noted that the individual requests for
funding were necessary due to the different budget cycles each partner has.
Alderperson Brock questioned whether the City could take $8,000 out of fund balance
and add it to the $42,000 in capital reserves to give TCAT $50,000. City Controller
Thayer noted that it could be done as a one-time action; however, future appropriations
would need to be found elsewhere in the budget.
Alderperson McCollister stated that she would not support taking money from the fund
balance, noting that some of TCAT’s largest routes are outside of the city and those
municipalities do not contribute to this service. Alderperson Murtagh responded that the
city consumes most of the transit service, and this is the funding agreement that Council
agreed to decades ago.
Amendment to the Budget:
By Alderperson Murtagh: Seconded by Alderperson Clairborne
RESOLVED, That the contribution to TCAT be increased to $50,000 with $42,000 being
derived from the Capital Reserve Fund and $8,000 to be derived from a revenue
account.
Ayes (7) Brock, Clairborne, Murtagh, Fleming, Kerslick, Mohlenhoff,
Martell
Nays (3) Smith, McCollister, McGonigal
Carried (7-3)
Alderperson Murtagh stressed the need to fill the City representative seat on the TCAT
Board that became vacant when Kevin Sutherland resigned.
Main Motion as Amended
A vote on the Budget as Amended resulted as follows:
Carried Unanimously
10.5 Adoption of 2016 Tax Rate – Resolution
By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick
WHEREAS, the 2016 City of Ithaca Budget was approved, adopted, and confirmed in
the total amount of $67,687,080 on November 4, 2015, in accordance with a detailed
Budget on file in the Office of the City Controller; and
WHEREAS, available and estimated revenues total $45,942,642 leaving $21,744,438
as the amount to be raised by taxation; and
WHEREAS, the Assessment Roll for 2016 certified and filed by the Assessment
Department of Tompkins County, has been footed and approved and shows the total
net taxable valuation as $1,686,923,021; and
WHEREAS, under Charter provisions, the tax limit for City purposes amounts to
$31,842,212 for 2016; now, therefore, be it
RESOLVED, That the tax rate for general purposes, for the fiscal year 2016, be, and
the same hereby is, established and fixed at $12.89 per $1,000 of taxable valuation as
shown, certified and extended against the respective properties on the 2016 Tax Roll,
thereby making a total tax levy, as near as may be, of $21,744,438; and, be it further
RESOLVED, That the amount of said tax levy be spread, and the same hereby is levied
upon and against the respective properties as shown on said City Tax Roll, in
November 4, 2015
13
accordance with their respective net taxable valuation, at the rate of $12.89 per $1,000
of such taxable valuation; and be it further
RESOLVED, That the City Chamberlain be, and hereby is, directed to extend and
apportion the City Tax as above, and that upon the completion of the extension of said
Roll, the City Clerk shall prepare a warrant on the City Chamberlain for the collection of
said levy; and the Mayor and the City Clerk hereby are authorized and directed to sign
and affix the corporate seal to such warrant and forthwith to file the same with said Tax
Roll with the City Chamberlain; and be it further
RESOLVED, That upon the execution and filing of said warrant and Tax Roll with the
City Chamberlain, the amounts of the City Tax set opposite each and every property
shall hereby become liens, due, payable and collectible in accordance with provisions of
the City Charter and other laws applicable thereto; and, be it further
RESOLVED, That the total sum of $67,687,080 be appropriated in accordance with the
adopted Budget to the respective Boards, Offices, and Departments of the City, for the
purposes respectively set forth therein. The 2016 Assessment Roll has been completed
and approved by the Assessment Department of Tompkins County and resulted in the
following valuation:
Total Value of Real Property $4,159,214,080
Less: Value of Exempt Property $2,500,369,500
$1,658,844,580
Plus: Value of Special Franchises $28,078,441
Net Value of Taxable Property $1,686,923,021
Carried Unanimously (11-0)
Mayor Myrick voting Aye
10.6 Adoption of 2016 Ithaca Area Wastewater Treatment Plant Budget -
Resolution
By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick
WHEREAS, this Common Council is now considering adoption of the Amended Joint
Activity Fund Budget for 2016, as approved by the Committee of the Whole, and
WHEREAS, it is the consensus of this Common Council that the total appropriations
and estimated revenues, as set forth in said Amended Joint Activity Fund Budget for
2016, and as those amounts may be altered by action of the Common Council at its
November 4, 2015 meeting, are adequate for the operation of the Ithaca Area
Wastewater Treatment Plant during 2016; now, therefore, be it
RESOLVED, That this Common Council accepts and approves said Amended Joint
Activity Fund Budget for 2016, together with any additional changes made in said
budget at Council’s November 4, 2015 meeting, as the Ithaca Area Wastewater
Treatment Plant Joint Activity Fund Budget for 2016, in the total amount of $3,725,681;
and be it further
RESOLVED, That the following sections of the 2016 Ithaca Area Wastewater Treatment
Plant Joint Activity Fund Budget be approved:
A) Joint Activity Fund Appropriations
B) Joint Activity Fund Revenues
C) Schedule of Salaries and Positions – Joint Activity Fund
D) Authorized Equipment – Joint Activity Fund
Carried Unanimously
10.7 Authorization for Additional 2016 Tompkins Consolidated Area Transit
(TCAT) Funding – Resolution
By Alderperson Mohlenhoff: Seconded by Alderperson Fleming
WHEREAS, Tompkins County Consolidation Area Transit (TCAT) has requested
$103,000 in additional funding from each of its three local funders, Tompkins County,
City of Ithaca and Cornell University, for 2016; and
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14
WHEREAS, the City currently contributes $829,432 in funding to TCAT; and
WHEREAS, the 2016 additional request from TCAT will be used to purchase buses for
their bus fleet which is in need of several replacements for an aging fleet; and
WHEREAS, the City is not currently in the financial position to contribute an additional
$103,000, but could support an additional $50,000 to TCAT; and
WHEREAS, the City has $42,000 in funds set aside in Capital Reserve #22 for the
purchase and replacement of buses, established many years ago when the City
operated its own transit system and has voted to add an additional $8,000 from the
General Fund; now, therefore be it
RESOLVED, That Common Council hereby authorizes the expenditure of an amount
not to exceed $42,000 from Capital Reserve #22 Buses, for the purpose of providing
TCAT with added funds for future bus replacements; and, be it further
RESOLVED, That said funding authorization is contingent upon the other two funding
partners, Tompkins County and Cornell University, funding TCAT in the same amount;
and, be it further
RESOLVED, That the added $42,000 in funding is restricted to bus acquisition and
replacement.
Ayes (7) Brock, Clairborne, Murtagh, Fleming, Kerslick, Mohlenhoff,
Martell
Nays (3) McGonigal, McCollister, Smith
Carried (7-3)
Alderperson Mohlenhoff noted that the City Administration Committee will have a
budget process wrap-up discussion at the November 18, 2015 meeting. She invited all
interested Council members to participate. Mayor Myrick and members of Common
Council thanked Alderperson Mohlenhoff for her outstanding efforts in guiding the 2016
budget process.
10.8 City Controller’s Report
City Controller Thayer thanked the Mayor, Common Council, Department Heads and
members of City staff for their diligent efforts and cooperation throughout the budget
process. Members of Common Council and Mayor Myrick thanked City Controller
Thayer and his staff for their hard work and continued efforts in keeping the City fiscally
strong.
NEW BUSINESS:
12.1 Approval of Proposed Commons Use Fees - Resolution
By Alderperson Brock: Seconded by Alderperson Kerslick
WHEREAS, the Board of Public Works has reviewed and approved the proposed use
fees for the Commons, with input from the Commons Advisory Board, makes the
following recommendation to Common Council; now, therefor be it
RESOLVED, That the proposed use fees for the Commons to begin January 1, 2016,
be hereby approved as follows:
Monday –
Thursday
Friday – Sunday
Bernie Milton Pavilion
Up to 2 hours $15 $25
2 – 4 hours $25 $35
Above 4 hours $40 $50
November 4, 2015
15
Small Events
Up to 2 hours $5 $10
2 – 4 hours $10 $20
4 hours and up $20 $30
(Fees are lower during the week to encourage more activity downtown)
Electric Outlet Use
7 days/week
Per Receptacle per day $20
(Fee covers staff time to unlock and lock electrical bollards)
Alderperson Brock questioned whether the fees were cumulative. City Clerk Conley
Holcomb responded that the fees were not cumulative, the fee an applicant would pay
will be based on the event times listed on their permit and they would be held to those
times. Discussion followed regarding the differences between Special Events, large
events and small events. Alderperson Brock recommended that a definition be
developed for small events to avoid confusion for the public.
Alderperson Fleming noted that the Board of Public Works discussed and approved
these fees. In addition, they discussed the issue of establishing a fee for tabling on the
Commons and there appeared to be a level of support for the idea. City Clerk Conley
Holcomb and Superintendent of Public Works Thorne noted that the Commons Advisory
Board discussed fees for tabling at length and heard public comment on the topic at two
meetings. Based on the public feedback received, the Commons Advisory Board
decided not to pursue tabling fees at this time. The City Clerk and the Superintendent
of Public Works were the only Board members that supported tabling fees based on the
belief that there is a value to reserving space on the Commons and permits require staff
time to administer and enforce.
Alderperson McCollister spoke in support of establishing a fee for tabling. Alderperson
Mohlenhoff suggested that tabling be added to the list of fees with a $0 amount as a
placeholder for future discussions. Alderperson Brock noted that she would not feel
comfortable discussing a fee for tabling without public notice of the discussion and
feedback from the public.
A vote on the Resolution resulted as follows:
Carried Unanimously
MAYOR’S APPOINTMENTS:
14.1 Appointment to Youth Bureau Advisory Board
By Alderperson Kerslick: Seconded by Alderperson Smith
RESOLVED, That Zoran M. Smiljanic be appointed to the Youth Bureau Advisory Board
to fill a vacancy with a term to expire December 31, 2016, and, be it further
Reappointments to Ithaca Housing Authority Board
RESOLVED, That Loretta Tomberelli-Epthimiatos be reappointed to the Ithaca Housing
Authority Board with a term to expire October 17, 2020, and be it further
RESOLVED, That Ann Bantuvanis be reappointed to the Ithaca Housing Authority
Board with a term to expire October 17, 2020, and, be it further
Appointment to Workforce Diversity Advisory Committee
RESOLVED, That Eloise Barrett be appointed to the Workforce Diversity Advisory
Committee to fill a vacancy with a term to expire December 31, 2018.
Carried Unanimously
REPORTS OF COMMON COUNCIL LIAISONS:
Board of Public Works
Alderperson Fleming reported on the following:
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The Environmental Protection Agency (EPA) will be installing a fence at the
Ithaca Falls site to protect the public from lead contamination. The design of the
fence was approved by the Board of Public Works.
The design of a new fence for the Stewart Park carousel was approved. The
purchase and installation of the fence will be funded by the Friends of Stewart
Park.
The Board of Public Works reviewed a request from Ithaca Bakery to exempt 30
years of sewage fees. Sewage is not metered and users pay nearly as much for
sewage as they do for water. The Ithaca Bakery contends that their usage is
mostly water used for their operations and very little sewage. Staff is reviewing
the request.
Community Police Board
Alderperson Kerslick shared highlights from the quarterly report of Community Outreach
Worker. He noted that the Outreach Worker had 50 distinct interactions with individuals
during the past 3 months. The main issues appear to be related to homelessness and
mental illness.
Workforce Diversity Advisory Committee
Alderperson Brock reported that the WDAC is working on internal and community
surveys and focus group discussions that will inform the development of an annual
Diversity & Inclusion Scorecard.
Disability Advisory Council
Alderperson Brock noted that the DAC is discussing the proposed fee structure
amendment to the Exterior Property Maintenance Ordinance as it relates to snow
removal from sidewalks.
Tompkins County Council of Governments
Alderperson Clairborne reported that TCCOG expects to name someone to serve on
TCAT’s Transit Services Committee soon. The next shared services meeting will be
held on Tuesday, November 10, 2015 and will be a continuation of the discussion of
what services BOCES could provide for community organizations. Tompkins County is
also reviewing the potential of municipal court service consolidation/shared services.
REPORT OF CITY CLERK:
City Clerk Conley Holcomb reported that the deadline to submit items for the December
Common Council meeting agenda has been moved up to Friday, November 20, 2015.
The agenda will be distributed on Tuesday, November 24th due to the Thanksgiving
holiday.
MINUTES FROM PREVIOUS MEETINGS:
18.1 Approval of the September 2, 2015 and October 7, 2015 Common Council
Meeting Minutes – Resolution
By Alderperson Smith: Seconded by Alderperson Kerslick
RESOLVED, That the minutes of the September 2, 2015 Common Council meeting be
approved as published, and, be it further
RESOLVED, That the minutes of the October 7, 2015 Common Council meeting be
approved as published.
Carried Unanimously
ADJOURNMENT:
On a motion the meeting adjourned at 8:45 p.m.
______________________________ _______________________________
Julie Conley Holcomb, CMC Svante L. Myrick
City Clerk Mayor