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HomeMy WebLinkAboutMN-CC-2015-12-02COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 6:00 p.m. December 2, 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 Director of Planning & Development – Cornish Deputy Director of Economic Development – DeSarno City Planner – Kusznir 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. SPECIAL ORDER OF BUSINESS: 4.1 Annual Pride of Ownership Awards Presentation – Scott Whitham Mr. Scott Whitham and Mr. John Barradas from the Ithaca Rotary Club presented the 2015 Annual Pride of Ownership Awards to the following people:  707 E. Seneca Street – Modern Living Rentals (Todd Fox, Charlie O’Connor, Paul Owens, April Owens)  Lofts@Six Mile Creek, 217 S. Cayuga Street (Ken Schon, Bloomfield/Schon Investments)  313 N. Tioga Street (Peter and Virginia Breggin)  202 Eddy Street rebuilding (Nicholas and Sharon Lambrou)  Cayuga Waterfront Trail Phase 2 (Rick Manning, landscape architect; Jean McPheeters, former president, Tompkins County Chamber of Commerce; Tim Logue, City of Ithaca Transportation Engineer)  The Ithaca Commons (JoAnn Cornish Director of Planning and Development, Svante Myrick, Mayor) Each award recipient was given a hand drawn, framed, picture of their property prepared by local architect John Barradas. Mayor Myrick was presented with a framed compilation of all of the drawings. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: The following people addressed Common Council in support of the proposed Resolution that requests that New York State consider the living wage as minimum wage: Bill Goldsmith, City of Ithaca Kirby Edmonds, City of Ithaca Dr. Scott Noren, Town of Ithaca (believes that a teenage exemption should also be enacted and an incentive given to pay some adult workers more than $15 per hour.) Ruth Yarrow, City of Ithaca Neil Oolie, City of Ithaca Carl Feurer, City of Ithaca December 2, 2015 2 Hadda Forman, Town of Danby Linda B. Myers, City of Ithaca Sarah Hess, City of Ithaca John Efroymson, City of Ithaca Rebecca Elgie, City of Ithaca Tom Sieling, President of the Labor Council Pierre Clavel, City of Ithaca Jamila Walida Simon, Town of Groton Neil Golder, City of Ithaca Stanley McPherson, Tompkins County Milton Webb, Tompkins County Ana Ortiz, City of Ithaca Joel Harlan, Town of Newfield, voice his support for an increase in minimum wage, and discussed the history behind the Boatyard Grill and Widewaters development projects. Dan Hoffman, City of Ithaca, member of the Natural Areas Committee (NAC), discussed the Lake Street project process, noting that it needed to be more transparent. He stated that the NAC was told that project alternatives would be available prior to Council consideration, and the Board of Public Works approved the project without notification to the NAC. He stated that the NAC’s recommendation is to hold out for a better project design. Neil Oolie, City of Ithaca thanked Alderperson J.R. Clairborne for his many years of service to the Second Ward and the City of Ithaca. Susan Beckley, Town of Ulysses, addressed Council regarding the challenges faced by small businesses in relation to the increase in minimum wage. She stated that her son purchased the Ithaca Ice Co. and pays his employees more than minimum wage but not $15 per hour. She described the ripple effect of an increasing payroll and how it impacts workers compensation, Social Security, and Medicaid premiums, thereby forcing some businesses to lay-off workers. Jennifer Tavares, Tompkins County Chamber of Commerce, voiced her support for the Ithaca Falls/Lake Street project. She further noted that the Chamber of Commerce represents hundreds of small businesses who are trying to make ends meet. She stated that 60% of those businesses are extremely concerned about the large increase in compensation over a relatively short period of time, and noted that most of those businesses are not minimum wage employers. Bruce Stoff, City of Ithaca, spoke in favor of the proposed improvements to the Ithaca Falls/Lake Street site. PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR: Alderperson Clairborne thanked the people of Second Ward and residents of the City, stating that it has been his pleasure to serve the community. He remarked on how quickly time has gone by, and voiced his pride at being able to become part of Ithaca’s rich history. CONSENT AGENDA ITEMS: Department of Public Information and Technology: 8.1 Request of Downtown Ithaca Alliance to Permit Wine, Beer, and Hard Cider Tasting and Sale of Bottled Wine, Beer, and Hard Cider at the 2015 Annual Ice Festival – Chowder-Cook Off– Resolution By Alderperson Kerslick: Seconded by Alderperson Mohlenhoff WHEREAS, the Downtown Ithaca Alliance has requested permission for wine, beer, and hard cider tasting and sales as part of the 2015 Annual Ice Festival-Chowder Cook Off; now, therefore, be it RESOLVED, That the Downtown Ithaca Alliance be authorized to arrange for wine, beer, and hard cider tasting and sale of bottled wine, beer, and hard cider at booths December 2, 2015 3 during the Ice Festival-Chowder Cook-Off on the Ithaca Commons on December 10-12, 2015; and, be it further RESOLVED, That the Downtown Ithaca Alliance and participating wineries shall comply with all applicable state and local laws and ordinances, and shall enter into an agreement providing that it will hold the City harmless and indemnify the City on account of any claims made as the result of the sale or tasting of wine, beer, and hard cider on the Ithaca Commons; and, be it further RESOLVED, That the Downtown Ithaca Alliance or the participating winery, brewery or cider company shall agree to maintain liability insurance in the amount of $1,000,000.00 and Dram Shop Act coverage in the minimum amount of $1,000,000.00 naming the City of Ithaca as an additional insured, and shall provide evidence of such insurance to the City Clerk prior to the event. Carried Unanimously City Administration Committee: 8.2 Department of Public Works - Amendment to Personnel Roster – Ithaca Area Wastewater Treatment Facility (IAWWTF) - Resolution By Alderperson Kerslick: Seconded by Alderperson Mohlenhoff WHEREAS, the Ithaca Area Wastewater Treatment Facility anticipates a vacancy in the position of Laboratory Technician in December 2015; and WHEREAS, the Ithaca Area Wastewater Treatment Facility would like to fill the Laboratory Technician position in advance of the actual vacancy to allow for training and a smooth transition; now, therefore, be it RESOLVED, That the Personnel Roster of the Ithaca Area Wastewater Treatment Facility be amended by adding a second position of Laboratory Technician; and, be it further RESOLVED, That upon the retirement of the current Laboratory Technician, the position vacated through retirement shall be abolished effective on the employee's retirement date; and, be it further RESOLVED, That funds needed for said roster amendment shall be derived from within the existing Ithaca Area Wastewater Treatment Facility authorized budget. Carried Unanimously 8.3 Department of Public Works - Amendment to Personnel Roster (Engineering Division) – Resolution By Alderperson Kerslick: Seconded by Alderperson Mohlenhoff WHEREAS, the Engineering Division of the Department of Public Works has been reconfiguring its staffing responsibilities to reflect changes in the overall operations of the Department, including the creation of a new Parking Division; and WHEREAS, the current Traffic Systems Engineer title reflects responsibility for traffic and parking systems, and the Department would like to change that to reflect responsibilities for urban street design and construction, including active transportation facilities, traffic engineering and traffic control, and broader transportation planning; and WHEREAS, the Ithaca Civil Service Commission established the classification of Transportation Engineer at their October 29, 2015 meeting; now, therefore be it RESOLVED, That the personnel roster of the Engineering Division of the Department of Public Works shall be amended as follows: Add: One (1) Transportation Engineer Position (40 hours) Delete: One (1) Traffic Systems Engineer Position (40 hours) and be it further December 2, 2015 4 RESOLVED, That the position of Transportation Engineer shall be assigned to the City Executive Association Unit at salary grade A; 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 the 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 Unanimously 8.4 City Controller – Request to Amend 2015 Budget to Account for Various Unanticipated Revenue and Expenses - Resolution By Alderperson Kerslick: Seconded by Alderperson Mohlenhoff WHEREAS, during 2015, City of Ithaca departments have received revenue from various unanticipated sources including reimbursement, grants, donations and sale of material, that need to be accounted for in the 2015 budget; and WHEREAS, the reimbursements total of $79,113 as follows: Tompkins County Celebrations Grants $16,350 Donations $53,075 Insurance Recover $8,809 Sale of Scrap/Equipment $879 now, therefore be it RESOLVED, That Common Council hereby amends the 2015 authorized budget as follows to account for said receipt and expenditures of funds: Increase Revenue Account: A1012-2379 Community Celebrations $16,350 A3120-2705 Police – Donations $47,000 A3120-2680 Police – Insurance Recovery $8,809 A5010-2655 Streets – Minor Sales $879 A7111-2705 Parks – Donations $6,075 Totals $79,113 Increase Appropriations Accounts: A1012-5435 Celebrations Contracts $16,350 A3120-5225-5001 Police Other Equipment $47,000 A3120-5476-5001 Police Equipment Maintenance $8,809 A5010-5475 Streets Property Maintenance $879 A7111-5475 Parks Property Maintenance $5,000 A7111-5485 Parks Trees $1,075 Totals $79,113 Carried Unanimously 8.5 City Controller - Authorization to Cover Red Accounts - Resolution By Alderperson Kerslick: Seconded by Alderperson Mohlenhoff RESOLVED, That the City Controller be empowered to make transfers within the 2015 Budget appropriations, as needed, for the remainder of the 2015 Fiscal Year. Carried Unanimously 8.6 Human Resources – Approval of the 2015-2016 Civil Service Agreement with the Ithaca City School District - Resolution By Alderperson Kerslick: Seconded by Alderperson Mohlenhoff RESOLVED, That the Mayor and City Controller be authorized and directed to execute an agreement between the City of Ithaca and the Ithaca City School District for performance by the City for services in connection with Civil Service matters, for December 2, 2015 5 the period July 1, 2015, to June 30, 2016, in an amount of $55,944, payable to the City of lthaca on or before December 1, 2015. Carried Unanimously CITY ADMINISTRATION COMMITTEE: 9.1 City Attorney - Electronic Delivery of Local Laws - Resolution By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick WHEREAS, Municipal Home Rule Law §20(4) now authorizes the City to satisfy the aging requirement for proposed local laws by emailing such legislation in PDF format to Common Council members, provided that certain requirements are met; and WHEREAS, the email address of each Councilmember is documented on the City website, and the City Clerk has posted those addresses on the bulletin board in City Hall, as required; now, therefore, be it RESOLVED, That proposed local laws may be laid on the table by electronic delivery to Councilmembers in accordance with Municipal Home Rule Law §20(4). Carried Unanimously 9.2 Fire Department - Mobile Vending Fire and Safety Regulations – Resolution By Alderperson Mohlenhoff: Seconded by Alderperson Clairborne WHEREAS, the Ithaca Fire Department is interested in addressing certain fire and safety issues raised by the increasing number of mobile food vending operations within the City; and WHEREAS, mobile food vending operations are not regulated by any existing state or local laws; and WHEREAS, there have been reported injuries to operators and the public as the result of fires, explosions, and accidental carbon monoxide poisonings, involving mobile vending operations at various locations in the United States; and WHEREAS, other municipalities have taken steps to address fire safety concerns posed by mobile food trucks and the equipment that is often used by such vendors; and WHEREAS, due to the risk of fire, carbon monoxide poisoning, and other safety risks posed by mobile food trucks or mobile vending, the City wishes to examine regulatory measures enacted by other municipalities, obtain feedback from mobile food vendors and the community, and consult with other fire and safety authorities to structure a City- wide system for regulating mobile food vending fire safety; and WHEREAS, Common Council recognizes that safety improvements in this arena will come at some cost to mobile vendors to comply with such regulatory measures if implemented; and WHEREAS, upon balancing the enhanced safety against the increased costs for mobile vendors, the Common Council concludes that it is worth investing staff time in developing a proposed regulatory program; now, therefore it be RESOLVED, That Common Council instructs the Fire Chief, in consultation with the City Attorney and other City departments and relevant authorities, to study and develop fire safety rules for mobile food vending. Alderperson Mohlenhoff described a serious accident that occurred in Philadelphia involving a propane explosion in a food truck. She explained that propane tanks can get jostled through the movement of food trucks and the hose connections can become loose resulting in leaking gas. The Philadelphia accident resulted in many municipalities taking a serious look at this issue and revising their requirements for mobile vendors. December 2, 2015 6 Assistant Fire Chief Gillian Haines-Sharp reported that the City of Rochester has developed a model that spreads the regulatory compliance over a 3 year period and includes a mandatory training session. She noted that the Ithaca Fire Department already inspects food truck set-ups, so this proposed action would not be a huge increase to staff duties. She stated that the expense for food truck operators could be approximately $10,000 over the course of three years. Fire Chief Parsons stated that this policy would create a level playing field for the industry and would increase public safety during community celebrations and festivals when large crowds of people are in close proximity to food trucks and mobile vendors. The policy development process would include feedback from food truck vendors. Alderperson Brock clarified that in this case the term “mobile vending” is referring to food trucks and trailers, not the food carts used on the Commons. Asst. Fire Chief Haines-Sharp noted that New York State is in the process of developing a definition of mobile vending which will encompass all kinds of vending. Alderperson Kerslick stated that he supports food trucks but agrees that they should meet safety regulations. He further noted that Collegetown businesses are expressing concern regarding current food truck locations, their proximity to restaurants, and the impact it is having on the local economy. A vote on the Resolution resulted as follows: Carried Unanimously 9.3 Common Council - Opposition of House of Representatives’ Bill to Eliminate Transit Funds - Resolution By Alderperson Mohlenhoff: Seconded by Alderperson Fleming WHEREAS, the U.S. House of Representatives approved an amendment to the House version of the multi-year transportation bill on November 4, 2015 that would eliminate the 5340 High Density States Program and cut millions of dollars to transit agencies in New York State, and six other states as well as the District of Columbia; and WHEREAS, under the amendment, New York State transit agencies alone would lose $95 million a year or $570 million over the next six years with Tompkins Consolidated Area Transit, Inc. (TCAT) being stripped of $200,000 annually or $1.2 million over the six-year period; and WHEREAS, TCAT provides transit to the City of Ithaca and all of Tompkins County where, for some residents, it is the only transportation option; and WHEREAS, TCAT is a cornerstone to the local economy by getting residents to work or where they need to go and is key to environmental sustainability by reducing traffic congestion and curbing carbon emissions; and WHEREAS, the City of Ithaca is a local funder to TCAT, with two other entities, including Cornell University and Tompkins County, all of which face financial constraints and are unable to fill in TCAT’s ever-widening funding gaps; now, therefore be it RESOLVED, Rather than cutting important transit funding for financially strapped agencies to include TCAT, the Mayor of the City of Ithaca and its Common Council strongly urge federal lawmakers to not only restore the 5340 High Density States Funding Program before a final bill is passed, but also to increase federal funding to allow them adequate and predictable revenues to meet increasing demand, and, in particular, to address their capital needs for much-needed bus replacements, facility and amenities upgrades, and information technology modernization; and, be it further RESOLVED, That the City Clerk be directed to send certified copies of this resolution to Governor Andrew Cuomo, United States Senators Chuck Schumer and Kirsten Gillibrand, New York State Assembly Members Barbara Lifton, New York State Senator Thomas O’Mara, United States Representative Tom Reed, TCAT General Manager Turcotte, and the TCAT Board of Directors. December 2, 2015 7 Alderperson Fleming explained that the House of Representatives and the Senate passed a new bill and the transit funding was not only restored but also enhanced. She voiced her appreciation to Senator Schumer and all of the legislators who supported this bill. A vote on the Resolution resulted as follows: Carried Unanimously 9.4 A Local Law to Amend Chapter 107 of the City of Ithaca Municipal Code entitled “Salaries and Compensation” to Increase the Mayor and Common Council Members Salary By Alderperson Mohlenhoff: Seconded by Alderperson McCollister WHEREAS, the annual salaries of the members of the Common Council and of the Mayor were last adjusted in 2008; and WHEREAS, at that time they were adjusted to their current levels of $9,641 for Council members and $53,561 for the Mayor; and WHEREAS, Common Council approved a 2016 budget that funds these salaries in 2016 at the levels of $10,141 and $58,561, respectively; and WHEREAS, Common Council seeks to amend Chapter 107 of the City of Ithaca Municipal Code in order to effectuate these amended salaries as funded by the approved budget; now, therefore Local Law No. 2015- BE IT ENACTED by the Common Council of the City of Ithaca as follows: Section 1. Legislative Findings, Intent, and Purpose. It is the intent of this local law to amend Chapter 107 of the City of Ithaca Municipal Code in order to effectuate the revised 2016 salaries of Council members and the Mayor as funded in the 2016 approved budget, with said salaries to be effective as of January 1, 2016. The Common Council makes the following findings of fact: A. The Common Council and the Mayor expend substantial efforts and devote large amounts of time to their duties, and B. The annual salaries of the members of the Common Council and the Mayor have gone unadjusted for nearly a decade. Section 2. Code Amendments. Section 107-1 of the City of Ithaca Municipal Code is hereby amended as follows: The annual salary of the Mayor shall be the sum of [$53,561] $58,561. Section 107-2 of the City of Ithaca Municipal Code is hereby amended as follows: The annual salary of the Council members shall be the sum of [$9,641] $10,141. 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 Date. Upon filing in the office of the Secretary of State, this Local Law shall take effect retroactive to January 1, 2016. This Local Law is subject to referendum on petition pursuant to Municipal Home Rule Law Section 24. December 2, 2015 8 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 9.5 Common Council - Support of the Living Wage as the Minimum Wage across Tompkins County - Resolution By Alderperson Mohlenhoff: Seconded by Alderperson Clairborne WHEREAS, it is one of our most cherished values that there is dignity in work; and WHEREAS, raising incomes is critical to providing economic mobility and opportunity for working families; and WHEREAS, the growth in income inequality in recent years has created serious divisions within our society and community; and WHEREAS, Tompkins County is becoming increasingly two counties with a portion of the population thriving while many more face low wages, growing inequality, erosion of middle-class jobs, staggering housing costs, and the institutionalization of a low-wage service economy; and WHEREAS, a full-time minimum wage worker in New York State earns $18,200 at the current minimum wage of $8.75/hour, an income significantly below the current living wage in Tompkins County of $29,827; and WHEREAS, a higher minimum wage across Tompkins County would likely increase spending on locally produced goods and services by workers benefiting from such increased wages, which, in turn would likely produce greater demand and help stimulate the local economy; and WHEREAS, a higher minimum wage would likely reduce the cost of providing social services in the City of Ithaca and Tompkins County; and WHEREAS, our community has a proud tradition of advocating for worker rights and promoting economic justice; and WHEREAS, the Tompkins County Workers Center, which certifies local living-wage employers, lists currently more than 100 Living Wage entities across the county including the City of Ithaca and four other municipalities, encompasses more than 90 employers with workforces less than 50 employees, and represents over 3,000 workers making, at least, a Living Wage; and WHEREAS, we as a community and we as a country can no longer accept wages that leave some without hope of rising up and unable to support themselves nor their families; and WHEREAS, New York State Governor Andrew Cuomo has called for an increase in the state’s minimum wage to $15.00 per hour by 2021; now, therefore be it RESOLVED, That the City of Ithaca requests that the Tompkins County Legislature pass a local minimum-wage law establishing the Tompkins County Living Wage (currently $14.34/hour) as the minimum wage, and indexing it to the New York State median wage; and, be it further RESOLVED, That the City of Ithaca supports Tompkins County further passing a home- rule request to New York State seeking the authority to implement such a local minimum wage; and, be it further December 2, 2015 9 RESOLVED, That the City of Ithaca calls on the New York State Legislature to pass promptly said home-rule request; and, be it further RESOLVED, That a copy of this resolution be forwarded to the Tompkins County Legislature, the Tompkins County Council of Governments, New York State Assemblywoman Barbara Lifton, New York State Senator Thomas O’Mara, and New York Governor Andrew Cuomo. Alderperson Mohlenhoff thanked everyone for coming out to speak on this important topic. She stated that the ultimate goal is to put pressure on New York State, noting that many details still need to be worked through. She thanked Alderperson Clairborne for bringing this important issue to the committee. Alderperson Clairborne thanked the Workers Center for seeking his support on this issue and thanked the speakers who clarified the difference between a set minimum wage and a livable wage that is indexed to the cost of living. He stated that he also appreciated hearing from the business community on how this action would impact them, and voiced his belief that many of the issues could be worked through. He voiced his appreciation that this action would allow families to become families once again and households can be sustained as many people would not have to work second and third jobs to make ends meet. He stated that this is a win/win situation as people who have extra income will spend it in local / small businesses. Alderperson McCollister stated that she supports the Resolution but asked if the teenage exemption had been discussed and whether there was a discussion about increases to workers compensation, social security, medicaid premiums as result of increased salaries. Alderperson Mohlenhoff responded that committee didn’t really discuss those issues as the focus of this Resolution was to urge Tompkins County to seek special enabling legislation from New York State to put a local minimum wage in place. Alderperson Murtagh reviewed the action items in Resolved clauses and noted that the first one can’t be done without the second and third ones. He noted that he likes the fact that the legislation says that the community wants the opportunity to adopt legislation appropriate to our community. He voiced his concern that there wasn’t more feedback from local businesses and noted that he would like to work with them on this. Alderperson Brock voiced her support for the Resolution noting that the impacts on families when parents can’t make ends meet, can be seen throughout the community: kids go home to empty houses, they don’t always have food to eat, their parents can’t attend teacher conferences, and all of this has a ripple effect. She stated that now is the time to pass this legislation. She further noted that some teenagers in the community are working to support their families and/or have families of their own to support, so that should be taken into any discussion regarding teenager exemptions. She thanked all of the speakers for coming out and sharing their stories. Alderperson Kerslick thanked all of the speakers. He voiced his support for the Resolution but encouraged everyone to acknowledge that this action will have an impact on small businesses. He stated that the community is setting ground rules and municipalities need to encourage the State to take action. Businesses will have to adjust, raise prices, and do their best to mitigate the other impacts. Alderperson McGonigal also thanked the speakers. He noted that the conversation brought home many baseline issues. He echoed the comments of his colleagues, noting that the “devil is in the details”. He further acknowledged that in addition to small businesses being impacted, the City will also be impacted as it hires hundreds of teenagers throughout the summer for various programs. Mayor Myrick stated that it is time for the City, State & Federal Government to raise the wage rates. It is important for the government to give the economy a boost and support the investment into infrastructure, to support small and large businesses, entrepreneurs, and to give employers the confidence to hire more workers. He stated that this action December 2, 2015 10 will require difficult choices for small business owners, but he believes that locally owned businesses can expect to see an increase in customers. Low and stagnating wages are affecting the growth of the community. He voiced his belief that paying a living wage is the moral thing to do. A vote on the Resolution resulted as follows: Carried Unanimously 9.6 Department of Public Works – Request to Approve Funds for Abatement of Asbestos Containing Materials in City Hall - Resolution By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick WHEREAS, much of the floor covering in the building which is now City Hall was constructed with floor tiles containing asbestos; and WHEREAS, the original floor tiles in City Hall are breaking and crumbling which causes concern for employees and limits the ability of staff to appropriately maintain the floors; and WHEREAS, the City of Ithaca has received a notice of violation from the New York State Department of Labor, Asbestos Bureau, regarding broken floor tiles which contain asbestos; and WHEREAS, the notice of violation requires that the broken floor tiles be repaired and abated; and WHEREAS, Department of Public Works staff and the City’s consultant, Delta Engineers, Architects & Land Surveyors have identified several viable methods for abatement of the floor tiles which contain asbestos; and WHEREAS, repair and abatement of asbestos containing materials requires the services of specialized engineers and contractors as well as various permits, relocations and restoration; and WHEREAS, the Board of Public Works has discussed and approved the least expensive repair project for the Asbestos Abatement at an estimated cost of $50,000; and WHEREAS, the project work needs to be started within 30 days; now, therefore be it RESOLVED, That Common Council hereby authorizes expenditure not to exceed $50,000 for undertaking the abatement of asbestos containing materials in City Hall; and, be it further RESOLVED, That funds necessary for said asbestos project shall be derived from Account A1990 Unrestricted Contingency and transferred to account A1621-5489 City Hall Building Expense. Alderperson Brock reviewed the estimates that were received and noted that the $50,000 estimate proposes to remove specific tiles but leaves others that were identified as deteriorated in place. She questioned whether the “patch work” approach was the best plan, recollecting that 900 sq ft of tile was removed in the basement of City Hall last year at a significant cost. Director of Engineering Logue noted that the intent of the project was to minimize the cost while addressing the Notice of Abatement directly. Asbestos tiles are located throughout the building but many of them do not impose problems at this time. Alderperson Brock stated that it would be nice to see the “big picture” of all of the upcoming projects such as the relocation of Fire Station #9, and the potential relocation of the Hall of Justice. She questioned whether there was a study in place for the future of City Hall (ie. relocation vs. renovation). Mayor Myrick noted that Planning Division December 2, 2015 11 staff is leading an initial review of all City facilities. The review will expand to include others as information develops in 2016. Alderperson Kerslick noted that the requested funds would be taken from unrestricted contingency (current balance $117,000), leaving approx. $67,000. A vote on the Resolution resulted as follows: Carried Unanimously 9.7 City Controller’s Report: City Controller Thayer reported on the following: - 2016 budget is complete - 2014 audit is in progress - 2015 activity is being closed out - There are new reporting requirements for the Affordable Care Act - All labor contracts are currently in negotiations - He will be working to fill soon to be vacant and new positions 2015 Activity Report: - Sales tax – $13.4 million was budgeted. Collections are coming in approximately .5% lower than last year ($50,000); however, the December activity will include several payments so the projections will be close. - Fuel prices have been low resulting in 36% lower expenses for 2015 - Overtime – $952,000 was budgeted / $1.1million has been expended to date. 2014 expenses were $1.2 million. These are mainly police costs due to open positions and retirements - Building permit revenue– $700,000 was budgeted / $995,000 has been collected - Insurance – liability costs have been lower / Workers Compensation costs have been higher - Parking – $2.4 million was budgeted / collections will be slightly under budget (approximately $100,000) – expect to meet or exceed 2016 budget revenue estimate. Approved projects for 2016 include additional pay stations for the downtown and Collegetown areas. - The CPI is at .2% which will result in no change to the Cornell University voluntary contribution - Fine revenue – $867,000 has been collected to date which is slightly under budget - Pension payment is due – if the $4.9 million payment is made by 12-15-15, the City will save $45,000 - It was estimated that $393,000 in fund balance would be needed to balance the 2015 budget – it appears as if less than that will be needed at this time. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE: 10.1 Seneca Street Parking Garage Murals – Resolution By Alderperson Murtagh: Seconded by Alderperson Brock 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, including the Seneca Street Parking Garage, for future murals and street art by resolution on May 19, 2010; and WHEREAS, the City’s Parking Division has requested that the PAC seek murals for top floor of the Seneca Street Parking Garage to enliven the garage while also deterring graffiti and reducing ongoing maintenance costs; and WHEREAS, the PAC issued a Call for Art for two walls on the top floor of the garage in September 2015 and received 14 submissions for the project; and December 2, 2015 12 WHEREAS, the PAC reviewed all of the submissions at its meetings on October 14, 2015 and October 28, 2015 and voted to recommend that the Common Council select “Ursa Major” by Margaret Reed and “Flock Together” by Justin Suarez to be installed on the facing walls of the ninth floor of the Seneca Street Parking Garage; and WHEREAS, the selected proposals have been distributed for public comment, and the responses to both proposed murals has been overwhelmingly positive; and WHEREAS, the project will be funded through the previously approved budget for the Dryden Road Parking Garage Mural Project and no additional funding is needed for the installation of the two murals; now, therefore be it RESOLVED, That the City of Ithaca Common Council selects “Ursa Major” by Margaret Reed and “Flock Together” by Justin Suarez to be installed on the ninth floor of the Seneca Street Parking Garage; and, be it further RESOLVED, That the selected artists may proceed with the installation of their murals at their assigned locations within the Seneca Street Parking Garage upon the execution of an agreement with the City. Carried Unanimously 10.2 Annual Common Council Concurrence that the City of Ithaca Planning and Development Board be Lead Agency in Environmental Review for Site Plan Review Projects for which the Common Council is an Involved Agency - Resolution By Alderperson Murtagh: Seconded by Alderperson McCollister WHEREAS, 6 NYCRR Part 617 of the State Environmental Quality Review Law and Chapter 176.6 of the City Code, Environmental Quality Review, require that a lead agency be established for conducting environmental review of projects in accordance with local and state environmental law; and WHEREAS, State Law specifies that, for actions governed by local environmental review, the lead agency shall be that local agency which has primary responsibility for approving and funding or carrying out the action; and WHEREAS, State Law also specifies that when an agency proposes to directly undertake, fund or approve a Type I Action or an Unlisted Action undergoing coordinated review with other involved agencies, it must notify them that a lead agency must be agreed upon within 30 calendar days of the date that the Environmental Assessment Form (EAF) or draft Environmental Impact Statement (EIS) was transmitted to them; and WHEREAS, Projects submitted to the Planning and Development Board for Site Plan Review and Approval, at times involve approvals or funding from Common Council, making Council an involved agency in environmental review; and WHEREAS, in order to avoid delays in establishing a Lead Agency and to make the environmental review process more efficient, it is desirous to have an agreement that the Planning and Development Board will assume Lead Agency status for such projects; and WHEREAS, in accordance with the State Environmental Quality Review Law and the City of Ithaca Environmental Quality Review Ordinance, involved agencies are provided with project information and environmental forms for their review, as well as all environmental determinations; and WHEREAS, on April 7, 2015 Common Council did consent to the Planning and Development Board acting as Lead Agency in environmental review for site plan review projects for which Common Council has been identified as an Involved Agency through December 31, 2015; now, therefore be it December 2, 2015 13 RESOLVED, That Common Council does hereby consent to the Planning & Development Board acting as Lead Agency in environmental review for site plan review projects for which Common Council has been identified as an Involved Agency through December 31, 2016; and, be it further RESOLVED, That for any future project Common Council may withhold or withdraw its consent should it so desire. Carried Unanimously INDIVIDUAL MEMBER – FILED RESOLUTIONS: 13.1 Alderperson Mohlenhoff - Lake Street Bridge Rehabilitation Project - Resolution WHEREAS, a project for the rehabilitation of the Lake Street Bridge Over Fall Creek, P.I.N. 375534 (“the Project”) is eligible for funding under Title 23 U.S. Code as administered by the Federal Highway Administration (FHWA), as amended, that calls for the apportionment of the costs of such program to be borne at the ratio of 80% Federal funds and 20% non-Federal funds; and WHEREAS, On September 4, 2013, Common Council authorized $1,464,250 to cover the cost of the total Project; and WHEREAS, On December 1, 2014, the Board of Public Works unanimously authorized staff to undertake Enhancement of Ithaca Falls Public Area (“the Enhancement”) as part of the Project (CP#791); and WHEREAS, On February 5, 2015, Common Council approved an increase of CP #791 by an amount not to exceed $30,000 to cover the design phase of the Enhancement for a total project authorization of $1,494,250; and WHEREAS, bids were received for the Lake Street Bridge Rehabilitation Project on November 16, 2015; and WHEREAS, the current total cost to complete the Project is $1,525,000, and an additional $60,750 is required to complete the project; and WHEREAS, staff believes this $60,750 will be eligible for Federal and State funding and will pursue agreements with New York State Department of Transportation (NYSDOT) for reimbursement of 95% of these costs, but request authorization, at this time, to cover the full first instance cost of the Project; now, therefore, be it RESOLVED, That, Common Council hereby approves an increase of Capital Project #791 by an amount not to exceed $60,750, for a total project authorization of $1,555,000; and, be it further RESOLVED, That, funds needed for said amendment shall be derived from serial bonds, with understanding that these funds are available to the Project and that the final cost to the City for the Lake Street Bridge Rehabilitation Project will be approximately $106,250. This item was not considered by Common Council. 13.2 Alderperson Mohlenhoff - Lake Street Bridge Project and Ithaca Falls Public Area Enhancements – Alternate Resolution By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick WHEREAS, a project for the rehabilitation of the Lake Street Bridge Over Fall Creek, P.I.N. 375534 (“the Project”) is eligible for funding under Title 23 U.S. Code as administered by the Federal Highway Administration (FHWA), as amended, that calls for the apportionment of the costs of such program to be borne at the ratio of 80% Federal funds and 20% non-Federal funds; and WHEREAS, On September 4, 2013, Common Council authorized $1,464,250 to cover the cost of the total Project; and December 2, 2015 14 WHEREAS, On December 1, 2014, the Board of Public Works unanimously authorized staff to undertake Enhancement of the Ithaca Falls Public Area (“the Enhancement”) as part of the Project (CP#791); and WHEREAS, On February 5, 2015, Common Council approved an increase of CP #791 by an amount not to exceed $30,000 to cover the design phase of the Enhancement for a total project authorization of $1,494,250; and WHEREAS, bids were received for both the Lake Street Bridge Rehabilitation Project and the Enhancement of the Ithaca Falls Public Area on November 16, 2015; and WHEREAS, the current construction cost to implement the Enhancement is $169,000; and WHEREAS, the total cost to implement the Enhancement is covered from different funding sources; however, the city must authorize funding in the first instance and seek reimbursement; and WHEREAS, the current total cost to complete the Project is $1,525,000 and an additional $60,750 is required to complete the project; and WHEREAS, staff believes the $60,750 will be eligible for Federal and State funding and will pursue agreements with NYSDOT for reimbursement of 95% of these costs, but request authorization, at this time, to cover the full first instance of the cost of the Project and the Enhancement; now, therefore, be it RESOLVED, That, Common Council hereby approves an increase of Capital Project #791 by an amount not to exceed $229,750, for a total project authorization of $1,724,000; and be it further RESOLVED, That, funds needed for said amendment shall be derived from serial bonds, with the understanding that these funds are available to the Project and the Enhancement, and that the final cost to the City will be approximately $106,250. Alderperson McCollister asked for a clarification of the differences of opinion between the Natural Areas Commission, Conservation Advisory Council, the Parks Commission, and the Disability Advisory Council. Alderperson Martell responded as follows: - The Natural Areas Commission has reluctantly approved the design even though it is not as minimalistic as they would like it to be. They are asking that the following features be included in the design, which Superintendent of Public Works Thorne and Bridge Engineer Gebre have agreed to: - Install a 4' wide, chip seal sidewalk - Improve the "obviousness" and visibility of the mesh on the proposed fence, such as painting it a darker color, like black. - Remove the existing Jersey barriers when the project is complete and re- grade that area - The Disability Advisory Council would like concrete used on the path but would be satisfied with chip seal which is ADA compliant. They would also prefer a 5 foot path width, but are satisfied with the current proposal. - The Conservation Advisory Council does not want a gate. They support the Natural Areas Commission’s original letter, and have retained their position on the issue. - The Parks Commission is split on the issues but generally supports the design. Each group would have preferred a simpler sidewalk design (single path vs. proposed loop). December 2, 2015 15 Alderperson McCollister stated that she believes there is a misunderstanding of the role of an urban park, especially those that are near natural areas. Alderperson Brock stated that the process this project followed was unfortunate. This project was an off-shoot of a construction project, not a park planning project. She noted that there is a lot of frustration as this project circumvented a number of processes and it is unclear what is driving the decisions that are being made. She further questioned whether the Jersey barriers would be removed. Bridge Engineer Gebre responded yes, but there are retaining wall issues so some type of protection will need to be put in place. Alderperson Brock suggested that whatever is used should be in context with the area. Bridge Engineer Gebre clarified that the current design includes: - A 4’ wide chip seal sidewalk loop - Hand rail – #1 option A – a carbon steel black railing system - Gate style – a chain between bluestone column posts (with a sign) that will connect to the safety rail Alderperson Fleming questioned whether Council would be considering any improvements to this area, except for the safety rail, if the bridge project were not being undertaken. Mayor Myrick noted that this area would probably not be improved at this time absent the bridge project; however, now that there is an opportunity to improve safety and accessibility in the park, the City should capitalize on it. Alderperson Martell noted that the park will be used as a staging area for the bridge construction and damage will occur as a result. Crews will need to restore the area and adjustments could still be made to the project design. Director of Engineering Logue cited the three major concerns: - Gate – most concerns can be solved with a simple chain and a sign instead of a formal gate - ADA accessibility – path vs. loop. If benches are going to be installed for people to enjoy the area, there needs to be an ADA accessible path to them. The other option is to leave it as a grassy area with no benches or ADA accessible path. - Railing along edge of grassy area – The Superintendent of Public Works feels strongly that a barrier along the creek to protect people from unintentional falls into the creek is needed. The railing system needs to meet building code requirements. Alderperson McGonigal voiced his preference to leave the space as a natural area with no improvements. He stated that the proposed sidewalk loop does not provide accessibility to the waterfall as the creekbed is not accessible and the location of the proposed benches does not offer a view of the waterfall. The proposed loop takes up most of the grassy area. A vote on the Resolution resulted as follows: Ayes (7) Clairborne, Murtagh, McCollister, Fleming, Smith, Martell, Mohlenhoff Nays (3) Brock, McGonigal, Kerslick Carried (7-3) MAYOR’S APPOINTMENTS: 14.1 Reappointments to Community Police Board – Resolution By Alderperson Kerslick: Seconded by Alderperson Smith RESOLVED, That Shirley Kane be reappointed to the Community Police Board with a term to expire December 31, 2018, and be it further RESOLVED, That Richard Onyejuruwa be reappointed to the Community Police Board with a term to expire December 31, 2018, and, be it further December 2, 2015 16 Reappointment to Board of Fire Commissioners – Resolution RESOLVED, That William Gilligan be reappointed to the Board of Fire Commissioners with a term to expire June 30, 2017, and, be it further Reappointment to Disability Advisory Council – Resolution RESOLVED, That Larry Roberts be reappointed to the Disability Advisory Council with a term to expire June 30, 2018. Carried Unanimously REPORTS OF COMMON COUNCIL LIAISONS: Ithaca Landmarks Preservation Commission Alderperson McCollister reported that the stone wall at City Cemetery is of grave concern to the ILPC. There appears to have been a problem in how the project was specified in the bids. What the City received, specifically how the stone work was completed, was not what was originally proposed. The ILPC will be drafting a resolution about how stone work should be completed in projects like these. The Chapter House project drawings are coming along. Jason Demarest is the architect, and the Planning Board and ILPC are very pleased with the progress to date. Board of Public Works Alderperson Fleming reported that the Water Recreation Committee has presented a proposal for the City to store and rent boats at Stewart Park. The November 23, 2015, agenda has pictures if people are interested in seeing them. The plan will require Common Council approval. The Board has been discussing short-term, medium-term and long-term street lighting options in the City. A long-term goal would be to provide shorter/pedestrian scale lighting with underground wiring that would light the sidewalks as well as the streets. Disability Advisory Council Alderperson Brock reported that the DAC is interested in the proposed Exterior Property Maintenance Ordinance as it pertains to the fine structure for snow removal from sidewalks. They are looking to work with Rental Housing Advisory Council on the proposed amendments. Public Art Commission Alderperson Brock stated that $7,000 has been donated for murals in the City. The Public Art Commission is putting together proposals. She further reported that a developer has an opportunity to purchase a property that is located on the border of the City and Town on South Hill near the radio tower. They would like to put student apartments on property; however, there are tower “fall zone” requirements in the Zoning Ordinance which would need to be modified. The Special Joint Committee is interested in the possibility of relocating the radio tower to the Wastewater Treatment Plant. Alderperson Brock noted that there would be a meeting December 10, 2015 for West End business owners regarding the potential redesign of West State Street near Floral Avenue. Bicycle Pedestrian Advisory Committee Alderperson McGonigal reported that cars are driving through crosswalks as pedestrians are crossing. BPAC is urging IPD to step up traffic enforcement. Alderperson Murtagh noted that the draft changes to the Exterior Property Maintenance Ordinance will be considered for circulation at the December Planning and Economic Development Committee meeting and a vote on the amendments is expected at the January meeting. He further noted that there is a vacancy on the TCAT Board that needs to be filled. Alderperson-elect Ducson Nguyen is interested in serving. December 2, 2015 17 Alderperson McGonigal thanked Alderpersons Ellen McCollister and J.R. Clairborne for their distinguished service to the community. REPORT OF CITY CLERK: City Clerk Holcomb reported that a few Common Council members have made inquiries regarding the ability to send information to their constituents through the Notify Me tool on the website. She reported that accounts have been set up for each Ward and the corresponding Council members, and the Department of Public Information and Technology will be providing training in January. She encouraged interested Council members to contact her so they can be included in the training. City Clerk Holcomb further reported that the 2016 Inaugural meeting will be held on December 31, 2015 at 3:30 p.m. This year the orientation process for the new Common Council members will be completed through individual meetings with each department. REPORT OF CITY ATTORNEY: City Attorney Lavine reported that the Mayor has signed an Amicus Brief that is being filed with Supreme Court regarding the President’s action on immigration. He further reported that the work being conducted on the remediation of unsafe and dilapidated buildings is making a big difference. Five different properties are in the prosecutorial process and another three are waiting to enter the process. One building owner has already removed the structure and another has reported that they will be removing a structure. He credited Assistant City Attorney Robert Sarachan, Director of Code Enforcement Mike Niechwiadowicz and Code Inspector Skip Schell for the success of this program. MINUTES FROM PREVIOUS MEETINGS: 18.1 Approval of the November 4, 2015 Common Council Meeting Minutes – Resolution By Alderperson McGonigal: Seconded by Alderperson Brock RESOLVED, That the minutes of the November 4, 2015 Common Council meeting be approved as published. Carried Unanimously ADJOURNMENT: On a motion the meeting adjourned at 9:30 p.m. ______________________________ _______________________________ Julie Conley Holcomb, CMC Svante L. Myrick City Clerk Mayor