HomeMy WebLinkAboutMN-CC-2016-09-07COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 6:00 p.m. September 7, 2016
PRESENT:
Mayor Myrick
Alderpersons (9) Brock, McGonigal, Murtagh, Nguyen, Gearhart Fleming,
Kerslick, Martell, Mohlenhoff
OTHERS PRESENT:
City Clerk – Conley Holcomb
City Attorney – Lavine
City Controller – Thayer
Chief of Staff – Cogan
Police Chief – Barber
Deputy Police Chief – Tyler
Lieutenant Young
EXCUSED:
Alderperson Smith
PLEDGE OF ALLEGIANCE:
Mayor Myrick led all present in the Pledge of Allegiance to the American Flag.
SPECIAL PRESENTATIONS BEFORE COUNCIL:
Natural Area Rangers Presentation
Natural Area Rangers Brittany Lagaly and Angela Sims reported on the 2016 season in
the Six Mile Creek Natural Area.
Ranger Lagaly reported on the ecological pressures that have been placed on the
natural area due to the amount of people using the area. She addressed issues of
increased erosion and water run-off, the threat of invasive species being spread by the
use of inflatable rafts in the water, the large amount of trash and litter that is left in the
area each day, the amount of trees that have been damaged and broken, and the fact
that nesting ducks have abandoned their nests in the first and second dam areas
because of all of the activity.
Ranger Sims reported on the demographics of users in the first and second dam areas
of the natural area. She reported that most of the swimmers and cliff jumpers in those
areas between the months of May – early August are high schoolers. The majority of
the swimmers in mid-August – September are college students. There are a lot of the
students traveling from Binghamton and Rochester. She noted that the area is being
abused, and little respect is given to the rangers and law enforcement. People leave
behind bottles/cans, towels, clothes, rafts, etc. Families that visit the natural area
usually go to the first dam and/or the Wildflower Preserve.
Both rangers expressed their appreciation for the Task Force that the Mayor created
and offered to share their ideas on how to make improvements for future years.
Raise the Age Campaign
Tahjay Louis and another representative of the Multicultural Resource Center
addressed Common Council to raise awareness of their efforts to raise the age of
incarceration in New York State from 16 to 18 and eventually 21 years of age. They
stated that in New York State 16 year old youths are being incarcerated with adults.
They shared statistics on the rates of recidivism and suicide when youths of this age are
incarcerated, and stated that the focus on punishment should be modified to one of
rehabilitation.
They noted that they will be staffing information tables at the upcoming “The New Jim
Crow” events and will also be lobbying in Albany.
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Alderperson Mohlenhoff explained that there are different ways that Common Council
could support this initiative such as signing a letter of endorsement and/or passing a
Resolution of support.
Mayor Myrick thanked the speakers, noting that he couldn’t agree more with the
sentiments and data they shared. He stated that he would be happy to support this
initiative.
PROCLAMATIONS/AWARDS:
Proclamation for Colin Hayward Toland:
Mayor Myrick made the following proclamation:
City of Ithaca Proclamation
Whereas, at the recent Ithaca Police & Community Barbecue at Southside, Chief John
Barber met Colin Hayward Toland, a young boy who is battling brain cancer; and
Whereas, upon meeting the Police Chief, Colin expressed his dream to become a
police officer; and
Whereas, when Colin was two years old when his family learned he had a malignant
brain tumor and subsequently Colin has intensive cancer treatments including
chemotherapy, radiation, and three brain surgeries; and
Whereas, some of these treatments left him at times unable to eat, speak, and walk;
and created several other deficits that still affect him today; and
Whereas, despite his family learning in January of 2015, that there is no clear path for a
curative treatment, Colin has continued his schooling at Northeast Elementary and by
all accounts is a bright and funny young man, starting the fourth grade this week; and
Whereas, the City of Ithaca seeks only brave, honorable, determined, and heroic
recruits to join its ranks; and
Whereas, Colin Hayward Toland has actively demonstrated all of these qualities and
more;
Now, therefore, I, SVANTE L. MYRICK, Mayor of the City of Ithaca,
do hereby intend to perform a swearing in ceremony for this newest honorary member
of the Ithaca Police Department and further; I do hereby proclaim September 12th as
Colin Hayward Toland Day in the City of Ithaca
Colin’s father and brother accepted the proclamation on Colin’s behalf as he was
returning from a stay at St. Jude’s Children’s Hospital. Mr. Toland spoke about Colin’s
irrepressible spirit, his bravery and kind heart, and his natural instincts to protect and
help those in need. Mr. Toland also spoke about their fundraising efforts to battle
childhood cancers, and thanked everyone for their support.
Honorary Police Officer Colin Hayward Toland will be sworn into office on September
12, 2016 in a ceremony at Stewart Park.
Mayor Myrick thanked Police Chief Barber for his efforts in organizing the Southside
barbecue and commented on the magical moments that have resulted from it.
SPECIAL PRESENTATIONS BEFORE COUNCIL:
SWAT Presentation:
Lieutenant Jacob Young, SWAT Commander, gave an overview of the SWAT program.
The presentation included information on:
What the SWAT Team is and who makes up its members
How and why the Team was formed
What the Team is used for
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How often the Team gets used and by whom
The value of the SWAT Team for t he community, law enforcement & others
What the requirements are to serve on the SWAT Team
Yearly training topics
NYS SWAT Team standards/certifications & best practices
Lieutenant Young, Chief Barber and Deputy Chief Tyler answered questions from
Common Council members regarding the volunteer nature of the SWAT program,
whether SWAT Teams are mandated by New York State; and how/when “after action”
reviews are conducted.
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
The following people addressed Common Council:
Larry Roberts, Chair, Disability Advisory Council (DAC) reported that the DAC
unanimously supports the proposed diversity and inclusion requirements for the
Community Investment Incentive Tax Abatement Program (CIITAP) noting that it
addresses hiring and employment issues for people with disabilities.
The following people addressed Common Council regarding the 201 College Avenue
Project and Collegetown zoning issues:
Ed Lisbe, City of Ithaca Todd Sadler, City of Ithaca
Neil Golder, City of Ithaca Betsy Darlington, City of Ithaca
Jonathan Steel, Town of Ulysses Joel Harlan, Town of Newfield
Justin Moore, City of Ithaca Tahjay Louis, City of Ithaca
The following people addressed Common Council expressing their support for the Equal
Access to Abortion Coverage in Health Insurance (EACH) Woman Act
Liz Gipson, City of Ithaca Alicia Kenaley, Town of Ithaca
Stewart Auyash, City of Ithaca Liz Weissbrot, City of Ithaca
Katie Foley, Seneca County Zoe Maisel, City of Ithaca
Theresa Alt, City of Ithaca, addressed Council in support of the proposed addition of
diversity and inclusion requirements in the CIITAP.
PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR:
Mayor Myrick thanked all of the speakers and voiced his support for the EACH Woman
Act. He stated that although he won’t have an opportunity to vote on the Resolution, he
will be delivering a proclamation at their celebratory event. He requested that the
Resolution be moved up on the agenda for the convenience of the members of the
audience.
Mayor Myrick further addressed housing issues in response to comments made
regarding the 201 College Avenue project and Collegetown zoning issues. He cited a
lack of student housing, senior housing, and affordable housing, noting that 15,000
people commute into the County each day.
Alderperson Ducson announced that the AIDS Ride for Life event would be taking place
on Saturday, September 10, 2016 and encouraged everyone to support the participants
who are riding for this great cause.
INDIVIDUAL MEMBER – FILED RESOLUTIONS:
13.1 Alderperson Brock - Resolution Supporting Adoption of the Equal Access
to Abortion Coverage in Health Insurance (EACH) Woman Act
By Alderperson Brock: Seconded by Alderperson Fleming
WHEREAS, reproductive health is a vital component of a woman's overall health, and a
woman’s freedom to make reproductive decisions is vital to her safety, well-being,
economic opportunity, and ability to participate equally in society; and
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WHEREAS, women need access to safe, affordable, and comprehensive reproductive
health care throughout their lives, including screening for cancer and sexually
transmitted infections, contraceptive services, abortion care, prenatal care, and labor
and delivery services; and
WHEREAS, on January 22, 1973, the U.S. Supreme Court, in a historic and landmark
decision, ruled in Roe v. Wade that the U.S. Constitution safeguards a woman's ability
to make her own personal medical decisions about when or whether to have children;
and
WHEREAS, in the last 43 years, access to abortion care has allowed women to
participate more fully in society, saved lives, and strengthened families; and
WHEREAS, the government, by partially or fully subsidizing health insurance and health
care services for individuals who meet certain eligibility criteria, recognizes that health
care is essential to protect an individual's ability to fully participate in her family,
community, and society; and
WHEREAS, health insurance, whether private or government funded, should cover the
full range of a woman's options when she is facing an unintended pregnancy, so that
she is able to make the decision she deems best for her and her family without
interference; and
WHEREAS, we must guard against efforts to deliberately erode the availability and
affordability of abortion and undermine the protections provided by Roe v. Wade; and
WHEREAS, one such restriction is the Hyde Amendment, passed by Congress on
September 30, 1976, which has for 40 years denied abortion coverage for low-income
women enrolled in the Medicaid health insurance program, significantly impeding their
ability to access abortion; and
WHEREAS, New York and many other states offer vital health care to fill the gap left by
the federal Hyde Amendment by providing those enrolled in the state Medicaid plan with
coverage for the full range of pregnancy-related services, including abortion; and
WHEREAS, many women in Ithaca, New York, including state and federal employees,
Peace Corps members, and beneficiaries of Indian Health Services and military
insurance programs, obtain insurance coverage through other public insurance
programs that also include restrictions that withhold coverage for abortion; and
WHEREAS, September 30, 2016 marks the 40th year of the federal Hyde Amendment,
which denies women use of Medicaid insurance for abortion and represents the nexus
of deeply entrenched economic injustice, racism, and gender inequity; and
WHEREAS, the Equal Access to Abortion Coverage in Health Insurance (EACH)
Woman Act was introduced in the U.S. House of Representatives in July 2015; and
WHEREAS, the EACH Woman Act would expand coverage for abortion services to
women currently denied by ensuring that every woman who receives care or insurance
through the federal government will have coverage for abortion services; and by
prohibiting political interference in private insurance coverage of abortion; and
WHEREAS, laws that restrict insurance coverage of abortion can create insurmountable
obstacles to quality health care; and
WHEREAS, when health insurance coverage for abortion is restricted, the harm falls
hardest on those who already face significant barriers to receiving high-quality health
care, such as low-income women, immigrant women, young women, women of color,
and transgender and gender-nonconforming people; and
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WHEREAS, a woman who wants to get an abortion but is denied is more likely to fall
into poverty than one who can get an abortion1; and
WHEREAS, it is imperative that funding of comprehensive reproductive health care be
increased and that abortion be covered as part of comprehensive reproductive health
care in all public insurance programs to ensure that services are accessible for women
who are enrolled in such programs; now, therefore be it
RESOLVED, That the City of Ithaca, New York calls upon Congress and President
Obama to support and reinstate insurance coverage for abortion services for women
enrolled in public insurance programs by enacting the EACH Woman Act; and, be it
further
RESOLVED, That this Resolution be sent to the Tompkins County Legislature and the
individual municipalities in Tompkins County, in the hopes that similar Resolutions will
be adopted by their legislative bodies.
Alderperson Brock stated that this Resolution reflects the struggles that women face
every day and to her this is a human rights issue, and an equity issue.
Alderperson Fleming stated that she very much supports this action. She noted that
she was initially reluctant to consider something that this body doesn’t have purview
over but she believes that Common Council should make the Federal Government
aware of its stand on this issue.
Mayor Myrick recommended that the Resolution, and a copy of his proclamation be sent
to the President and the City’s Congressional representatives.
Alderperson Kerslick thanked everyone for bringing this issue and educational
information forward.
A vote on the Resolution resulted as follows:
Carried Unanimously
PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE:
10.1 Diversity & Inclusion Requirements in the City of Ithaca Community
Investment Incentive Tax Abatement Program (CIITAP) – Resolution
By Alderperson Murtagh: Seconded by Alderperson Brock
WHEREAS, at the City’s request, the Tompkins County Industrial Development Agency
(“IDA”) established a program to provide financial incentives for development of multi-
story buildings in the greater downtown; and
WHEREAS, in 2015 the Mayor formed a working group to recommend reforms to
CIITAP to:
A. Retain the program as an effective tool to incentivize smart growth and
discourage sprawl and
B. Improve the program’s ability to deliver broad community benefits that may
include:
• An increased use of local labor;
• An increase in living wage job creation;
• More environmentally friendly building;
• Increased economic opportunities for people of all backgrounds; and
1 Reproductive Health Technologies Project (August 2015). Two Sides of the Same
Coin: Integrating Economic and Reproductive Justice. Retrieved from
http://rhtp.org/abortion/documents/TwoSidesSameCoinReport.pdf.
September 7, 2016
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WHEREAS, the City of Ithaca Common Council amended the City CIITAP policy to
require documentation of the actual level of local construction labor participation on
CIITAP projects and require solicitation of construction bids from local subcontractors
utilized on CIITAP projects; and
WHEREAS, the IDA incorporated the City’s local construction labor requirements into
the CIITAP program; and
WHEREAS, additional CIITAP requirements to enhance energy performance of
buildings and require a developer contribution to a community benefit fund have
received preliminary support from Common Council; and
WHEREAS, the Planning & Economic Development Committee has had substantial
dialog with the City’s Workforce Diversity Advisory Committee (WDAC) regarding how
to structure appropriate and reasonable diversity and inclusion requirements in the
CIITAP policy; now, therefore be it
RESOLVED, That the City of Ithaca Common Council does hereby amend the City
CIITAP policy to require applicants to satisfy the following diversity and inclusion
requirements:
Diversity and Inclusion
In order to meet diversity requirements, single use project end-users (projects
developed specifically for one corporate end-user such as a hotel or bank) must
commit to the following:
A. Action:
The single-use project end-user will:
• Become active members of the Diversity Consortium of Tompkins
County, attend the bi-annual Diversity Roundtable, and participate in the
Diversity Consortium’s annual workshops and events. Active
membership is defined as paying annual membership dues, attending a
minimum of four meetings of the Consortium per calendar year,
participating in at least two of the approximately six trainings offered per
year and attending the bi-annual conference when offered;
• Establish and implement management strategies for hiring, retention and
promotion of women, people of color and people with disabilities for part-
time, internship, and full- time positions at all levels of their organization
with the goal of employing a workforce in which the number of women,
people of color, and people with disabilities meets or exceeds a number in
proportions equal to that of the population of the City of Ithaca
demographics;
• Identify and implement specific actions designed to reduce and address
unconscious workplace biases, such as annual staff training; and,
B. Reporting:
The single-use project end-user will provide to both the IDA and the Workforce
Diversity Advisory Committee, on March 1st of each year of the abatement
period, annual reports detailing:
• Workforce diversity goals, and strategies utilized each year to increase
hiring, retention and promotion of women, people of color, and people with
disabilities;
• Actions taken to reduce and address unconscious workplace biases;
• Workforce demographics by gender, race/ethnicity, age, disability, job class
and gender, and job class and race/ethnicity; and
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• Compliance with active participation in the Diversity Consortium; and, be it
further
RESOLVED, That the above CIITAP diversity and inclusion requirements not be
subject to the IDA recapture policy in recognition that adoption and implementation of
workforce diversity and inclusion strategies is more an on-going process than an easily
measured outcome; and, be it further
RESOLVED, That the Common Council hereby requests the Tompkins County
Industrial Development Agency (IDA) require CIITAP applicants, and their single-use
project end-users, to satisfy the City’s diversity and inclusion policy as a condition of
approval; and, be it further
RESOLVED, The Common Council hereby recommends the IDA apply similar
diversity and inclusion requirements as a condition for approval of tax abatements on
a county-wide basis; and, be it further
RESOLVED, That the City Workforce Diversity Advisory Committee (WDAC) is hereby
requested to develop a workforce diversity and inclusion resource toolkit to assist
employers in meeting CIITAP diversity and inclusion requirements; and, be it further
RESOLVED, That the City CIITAP application be expanded to require any applicant
for a single-use end-user project to describe their strategy for ensuring diversity in
hiring.
Alderperson Fleming questioned why there wasn’t a compliance requirement and
what would happen if developers didn’t fulfill the requirements. Community
Development Director Bohn responded that some standards are easy to measure,
other ones are not. The goal was to find a program that would be easier for the IDA
staff to administer with the understanding that the Workforce Diversity Advisory
Committee could come back to Council if the program was not performing as well as
it was designed to. Alderperson Murtagh noted that year-end reporting is also a tool
that can be used to measure accountability.
Alderperson Fleming further questioned why these requirements would apply to a
single use building (ex. hotel) and not a developer with lots of tenants (ex. apartment
complex). Community Development Director Bohn stated that many developers do
not have large staffs but larger corporations tend to have Human Resource
departments and are better able to manage these types of accountability measures.
Alderperson McGonigal questioned the status of the local labor component and
whether contractors are required to disclose where their workers are coming from.
Community Development Director Bohn responded that the IDA has incorporated
that component into their policy but no new projects have been approved since then.
Alderperson McGonigal questioned whether local labor unions/contractors had been
contacted. Community Development Director Bohn responded yes, but no hard
data was available.
Alderperson Brock noted that one of the elements that was not mentioned but is a
component of this initiative is that the Workforce Diversity Advisory Council would
develop a toolkit to assist developers in fulfilling the requirements and suggested that a
toolkit be developed to assist in identifying and employing laborers from Tompkins and
surrounding counties. Community Development Director Bohn noted that the policy
requires developers to seek out local bids and there is a reporting requirement.
Alderperson Murtagh noted that one of the challenges of this program is that there are a
number of goals such as local labor, diversity, sustainability, living wage, etc., so an
incremental reform approach may prove to be more effective. He stated that this will be
an on-going process and dialog. Alderperson Murtagh thanked Sue Kittel and the
Workforce Diversity Advisory Committee for reaching out to the Planning Committee to
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discuss this topic, noting that the process worked well and he looks forward to
continued discussions.
A vote on the Resolution resulted as follows:
Carried Unanimously
CONSENT AGENDA ITEMS:
City Administration Committee:
8.1 Planning, Building, Zoning and Economic Development Department -
Amendment to 2016 Budget - Resolution
By Alderperson Martell: Seconded by Alderperson Kerslick
WHEREAS, the City of Ithaca has adopted a goal of reducing greenhouse gas
emissions 80% by 2050, and nearly three quarters of the Ithaca community Green
House Gas (GHG) emissions come from residential and commercial buildings; and
WHEREAS, the City of Ithaca Comprehensive Plan suggests “Enact more stringent
local energy codes based on standards for new and existing buildings and voluntary
certification programs” and the City’s Energy Action Plan recommends “Encourage
sustainable and energy efficient development (and re-development) through green
building policies and implementation of advanced energy codes” and “Consider
regulatory tools to encourage/require higher energy efficiency standards for rental
housing;” and
WHEREAS, the City of Ithaca has been awarded grant funding for a project entitled
“Building for Energy Efficiency: Developing New Construction Standards for Ithaca,” to
conduct a comprehensive, collaborative examination of policy tools that Ithaca can use
to incentivize or mandate green building standards for new construction; and
WHEREAS, the grant funding will cover all cash project expenses, which will be used
for hiring a consultant(s) to provide the various project deliverables; and
WHEREAS, the City of Ithaca will administer the grant, and the Town of Ithaca has
committed staff time to collaborate on this inter-municipal project; and
WHEREAS, the City of Ithaca received in July the full grant award, from two different
sources: the Park Foundation provided a check for $51,970 and the Funders Network
for Smart Growth and Livable Communities provided a check for $51,970; now,
therefore be it
RESOLVED, That Common Council approves an amendment of the 2016 City of Ithaca
budget to accommodate the increase in revenue collected and the related consultant
expenses as follows:
Increase Revenue:
A8020-2705 Planning Department Gifts & Donations $103,940
Increase Expenditures:
A8020-5435 Planning Department Contracts $103,940
Carried Unanimously
8.2 Planning, Building, Zoning and Economic Development Department –
Amendment to Roster - Resolution
By Alderperson Martell: Seconded by Alderperson Kerslick
WHEREAS, the City of Ithaca’s Building Division, under the guidance of the Housing
and Land Use Supervisor, has been building a Property Management Database in the
City’s Building Division for the past several years; and
WHEREAS, it is the intent of the Planning Division to add to this database and create
digital property files while also automating redundant tasks to free up staff time; and
WHEREAS, the Housing and Land Use Supervisor has taken on this task, while
maintaining his role as the City’s Housing and Land Use Supervisor; and
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WHEREAS, it has become apparent that these two roles are too much for one person;
and
WHEREAS, Housing Inspector Gary Checksfield has been with the City for the past 10
years and has increased his knowledge through experience and has proven his ability
to take on greater responsibilities; and
WHEREAS, no additional funding is needed in the 2016 approved budget; now,
therefore be it
RESOLVED, That Common Council hereby amends the 2016 authorized roster as
follows:
Add: One (1) Housing Code Supervisor at 40 hours per week
Delete: One (1) Housing Inspector at 40 hours per week
; and, be it further
RESOLVED, That the position of Housing Code Supervisor be assigned to CSEA
Administrative Unit Salary Grade 16; 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.
Carried Unanimously
8.3 Planning, Building, Zoning and Economic Development Department –
Amendment to Roster - Resolution
By Alderperson Martell: Seconded by Alderperson Kerslick
WHEREAS, Code Inspector Mary Brenner has been with the City of Ithaca since
December of 2009; and
WHEREAS, Ms. Brenner has shown exceptional knowledge and professionalism in her
role as a Code Inspector and is performing work at the level of a Senior Code Inspector;
and
WHEREAS, no additional funding is needed in the 2016 approved budget; now,
therefore be it
RESOLVED, That Common Council hereby amends the 2016 authorized roster as
follows:
Add: One (1) Senior Code Inspector at 40 hours per week
Delete: One (1) Code Inspector at 40 hours per week,
; and, be it further
RESOLVED, That no additional funding is needed in the 2016 approved budget for this
roster amendment.
Carried Unanimously
8.4 City of Ithaca Cable Access Oversight Committee Recommendations for
2016/2017 Budget Including Upgrade to Studio Equipment from Standard
Definition to Digital High Definition - Resolution
By Alderperson Martell: Seconded by Alderperson Kerslick
WHEREAS, Section 15.12 of the Franchise Agreement between the City of Ithaca and
Time Warner Entertainment-Advance/Newhouse Partnership (TWC) of January 2003
requires the participating municipalities (City of Ithaca, Town of Ithaca, Village of Cayuga
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Heights) to provide TWC with an annual budget for Public, Educational and Governmental
access operations by June 30 of each calendar year; and
WHEREAS, the City of Ithaca's Ordinance #2003-17, Par 18-4-G, requires the Access
Oversight Committee (AOC) to provide the Participating Municipalities with a recommended
annual budget by May 31 of each calendar year; and
WHEREAS, not all budgets from previous years were fully expended and in particular the
full amount of the 2016 Budget approved in June of 2015 remains available; and
WHEREAS, the AOC recommended that the unused funds of previous years and the full
amount of the 2016 Budget become part of the 2017 Budget making it the “2016/2017
Budget”; and
WHEREAS, the AOC accepted the 2016/2017 Budget in the amount of $50,000.00 at their
regular meeting of May 31, 2016; now, therefore be it
RESOLVED, That Common Council accepts the Access Oversight Committee budget
recommendation of $50,000.00 in order to meet the obligation to provide TWC with an
annual budget for Public, Educational and Governmental access operations, which is due
June 30 of each calendar year.
Carried Unanimously
CITY ADMINISTRATION COMMITTEE:
9.1 Department of Public Works - A Resolution Authorizing Implementation
and Funding in the First Instance 100% of the Federal Aid-Eligible Costs and
State “Marchiselli” Program-Aid Eligible Costs, of a Transportation Federal-Aid
Project, and Appropriating Funds Therefore Related to the Elmira Road Overlay
and Signal Replacement
By Alderperson Mohlenhoff: Seconded by Alderperson Martell
WHEREAS, a Project for the Elmira Road Overlay and Signal Replacement, P.I.N.
375592 (the “Project”) is eligible for funding under Title 23 U.S. Code, as amended, that
calls for the apportionment of the costs of such program to be borne at the ratio of 80%
Federal funds and 20% non-federal funds; and
WHEREAS, the City of Ithaca desires to advance the Project by making a commitment
of 100% of the non-federal share of the costs of Preliminary Engineering/Design; and
WHEREAS, preliminary engineering and design are exempt from further environmental
review as Type II actions; now, therefore be it
RESOLVED, That Common Council hereby approves the above-subject project, subject
to further environmental review of construction; and, it is hereby further
RESOLVED, That Common Council hereby authorizes the City of Ithaca to pay in the
first instance 100% of the federal and non-federal share of the cost of Preliminary
Engineering/Design work for the Project or portions thereof; and, it is further
RESOLVED, That the sum of $210,600 is hereby appropriated from the issuance of
serial bonds and made available to cover the cost of participation in the above phase of
the Project; and, it is further
RESOLVED, That Common Council hereby creates Capital Project #832, Elmira Road
Overlay and Signal Replacement, to include the Project costs of $210,600; and, be it
further
RESOLVED, That in the event the full federal and non-federal share costs of the project
exceed the amount appropriated above, the Common Council of the City of Ithaca shall
convene as soon as possible to appropriate said excess amount immediately upon the
notification by the New York State Department of Transportation thereof; and, it is
further
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RESOLVED, That the Mayor of the City of Ithaca be and is hereby authorized to
execute all necessary Agreements, and the Superintendent of Public Works is hereby
authorized to execute all necessary certifications or reimbursement requests for Federal
Aid on behalf of the City of Ithaca with the New York State Department of
Transportation in connection with the advancement or approval of the Project and
providing for the administration of the Project and the municipality’s first instance
funding of Project costs and permanent funding of the local share of federal-aid and
state-aid eligible Project costs and all Project costs within appropriations therefore that
are not so eligible; and, it is further
RESOLVED, That this project be undertaken with the understanding that the final cost
of the Project to the City of Ithaca will be roughly 12% of said portion, currently
estimated at $24,420 of the $210,600 authorized for this portion of the project, in
monies and in-kind services as managed by the Superintendent of Public Works and
monitored by the City Controller; and, be it further
RESOLVED, That a certified copy of this resolution be filed with the New York State
Commissioner of Transportation by attaching it to any necessary Agreement in
connection with the Project; and, it is further
RESOLVED, This Resolution shall take effect immediately.
Carried Unanimously
9.2 Department of Public Works - A Resolution Authorizing Implementation
and Funding in the First Instance 100% of the Federal Aid-Eligible Costs and
State “Marchiselli” Program-Aid Eligible Costs, of a Transportation Federal-Aid
Project, and Appropriating Funds Therefore Related to the East State/Martin
Luther King, Jr. Street Retaining Wall Project
By Alderperson Mohlenhoff: Seconded by Alderperson Fleming
WHEREAS, a Project for the East State/Martin Luther King, Jr. Street Retaining Wall,
P.I.N. 375616 (the “Project”) is eligible for funding under Title 23 U.S. Code, as
amended, that calls for the apportionment of the costs of such program to be borne at
the ratio of 80% Federal funds and 20% non-federal funds; and
WHEREAS, the City of Ithaca desires to advance the Project by making a commitment
of 100% of the non-federal share of the costs of Preliminary Engineering/Design; and
WHEREAS, preliminary engineering and design are exempt from further environmental
review as Type II actions; now, therefore be it
RESOLVED, That the Common Council hereby approves the above-subject project,
subject to further environmental review of construction; and, it is hereby further
RESOLVED, That the Common Council hereby authorizes the City of Ithaca to pay in
the first instance 100% of the federal and non-federal share of the cost of Preliminary
Engineering/Design work for the Project or portions thereof; and, it is further
RESOLVED, That the sum of $816,400 is hereby appropriated from the issuance of
serial bonds and made available to cover the cost of participation in the above phase of
the Project; and, it is further
RESOLVED, That Common Council hereby creates Capital Project #833, East
State/Martin Luther King, Jr. Street Retaining Wall, to include the Project costs of
$816,400; and, it is further
RESOLVED, That in the event the full federal and non-federal share costs of the project
exceed the amount appropriated above, the Common Council of the City of Ithaca shall
convene as soon as possible to appropriate said excess amount immediately upon the
notification by the New York State Department of Transportation thereof; and, it is
further
September 7, 2016
12
RESOLVED, That the Mayor of the City of Ithaca be and is hereby authorized to
execute all necessary Agreements, and the Superintendent of Public Works is hereby
authorized to execute all necessary certifications or reimbursement requests for Federal
Aid on behalf of the City of Ithaca with the New York State Department of
Transportation in connection with the advancement or approval of the Project and
providing for the administration of the Project and the municipality’s first instance
funding of Project costs and permanent funding of the local share of federal-aid and
state-aid eligible Project costs and all Project costs within appropriations therefore that
are not so eligible; and, it is further
RESOLVED, That this project be undertaken with the understanding that the final cost
of the Project to the City of Ithaca will be roughly 5% of said portion, currently estimated
at $40,960 of the $816,400 authorized for this portion of the project, in monies and in-
kind services as managed by the Superintendent of Public Works and monitored by the
City Controller; and, be it further
RESOLVED, That a certified copy of this resolution be filed with the New York State
Commissioner of Transportation by attaching it to any necessary Agreement in
connection with the Project; and, it is further
RESOLVED, This Resolution shall take effect immediately.
Alderperson Mohlenhoff explained the complex nature of this retaining wall including its
location on a busy traffic corridor and the utilities involved. She noted that there may be
an opportunity to work with the adjacent property owner on a future project.
A vote on the Resolution resulted as follows.
Carried Unanimously
9.3 Department of Public Works - Request to Establish Capital Project for
Expansion of the Alex Haley Municipal Wading Pool - Resolution
By Alderperson Mohlenhoff: Seconded by Alderperson
WHEREAS, staff from the Greater Ithaca Activities Center (GIAC) have identified a
need to expand the wading pool at the Alex Haley Municipal Pool to accommodate
more people; and
WHEREAS, GIAC, Inc. has been awarded $185,000 in Community Development Block
Grant funds from the Ithaca Urban Renewal Agency, and has received $95,000 in
private donations; and
WHEREAS, Common Council is desirous of progressing this reimbursement project;
now, therefore be it
RESOLVED, That Common Council hereby establishes Capital Project #834, Alex
Haley Municipal Wading Pool Expansion in the amount not to exceed $305,000 for the
purposes of designing and constructing such improvements; and, be it further
RESOLVED, That funding for said Capital Project shall be derived from the issuance of
Serial Bonds with the understanding that $185,000 of eligible expenses will be
reimbursed by the Community Development Block Grant program as administered by
the Ithaca Urban Renewal Agency and $95,000 will be reimbursed by GIAC, Inc. based
on private donations; and, be it further
RESOLVED, That this project be undertaken with the understanding that the final cost
of the Project to the City of Ithaca will be roughly 8% of said portion, currently estimated
at $25,000 of the $305,000 authorized for this portion of the project, in monies and in-
kind services as managed by the Superintendent of Public Works and monitored by the
City Controller.
Alderperson Mohlenhoff noted that this expansion would not impact any future
expansion of the larger pool.
September 7, 2016
13
Alderperson Brock questioned the status of negotiations with the Ithaca City School
District on this property as this is not city owned land. City Attorney Lavine responded
that the last offer the city made was in 2014. The school district has not formally
objected to the offer but declined to accept it. Mayor Myrick explained that the school
district was in a state of transition at the time of those discussions and he is not
concerned that they would revoke this lease.
A vote on the Resolution resulted as follows:
Carried Unanimously
9.4 City Controller’s Report:
City Controller Thayer reported on the following:
2017 budget development – the Mayor, Chief of Sta ff and City Controller have
met with all departments and are currently reviewing capital project requests
Revenues are flat and expenses are increasing faster than revenues. 2017
budget deliberations will start next month. Employee pension costs are expected
to remain the same; Police/Fire retirement will be increasing between 1.7-3.5%
(most are at 2.1%). The overall pension payment will increase by $200,000 in
2017.
Sales tax is fluctuating – it is currently 1.6% ahead of last year
Overtime costs: $960,000 was bu dgeted – $692,000 has been spent to date
Building Permits: $800,000 was budgeted – $881,000 has been collected to date
Parking: $2.3 million budgeted – $1.874 million collected to date and he is
projecting that the budgeted figure will be exceeded
Committee of the Whole:
9.5 Request to Fund City Facilities Studies for Property Relocations and
Consolidation - Resolution
By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick
WHEREAS, as part of the 2016 authorized City of Ithaca Capital Projects Fund, Capital
Project #822 was established in the amount of $500,000 for the purposes of funding the
design and planning cost for a new site and future construction of a new East Hill Fire
Station; and
WHEREAS, the City Facilities Master Planning Committee has been meeting since
January 2016 and has determined that the scope of this project needs to be expanded
to include the evaluation of various other existing City Facilities for future relocation,
improvements and consolidations; and
WHEREAS, it is recommended that the new scope of property evaluation will include
the following City Facilities; East Hill and Central Fire Stations; City Hall; City Police
Station; DPW Streets and Facilities and the DPW Water and Sewer Division; and
WHEREAS, the new proposed scope will include, but is not limited to, the evaluation
studies to determine the feasibility, costs and benefits of consolidation, appraisals and
future facility improvements; and
WHEREAS, the evaluation studies of these City properties has been estimated to cost
$150,000 and can be funded from the existing authorization in Capital Project #822;
now, therefore be it
RESOLVED, That Common Council hereby expand the scope of Capital Project #822
East Hill Fire Station Design, to include evaluation studies for the following City
Facilities; East Hill and Central Fire Stations; City Hall; City Police Station; DPW Streets
and Facilities and the DPW Water and Sewer Division; and, be it further
RESOLVED, That the funds needed for these evaluations, shall be derived from
existing funds in Capital Project #822 East Hill Fire Station Design in an amount not to
exceed $150,000.
September 7, 2016
14
Alderperson McGonigal thanked Common Council for delaying this vote until he could
participate. He noted that he hopes this research will not limited to one choice.
Alderperson Kerslick responded that there are no pre-conceived notions and this study
will inform any decisions made.
Alderperson Nguyen reported that TCAT is also conducting a facility assessment.
A vote on the Resolution resulted as follows:
Carried Unanimously
INDIVIDUAL MEMBER FILED RESOLUTION
13.2 Alderperson Gearhart - Resolution to Select Artwork for a Painted
Intersection at Auburn, W. Lewis, and Adams Streets
By Alderperson Gearhart: Seconded by Alderperson Martell
WHEREAS, the City of Ithaca Public Art Commission (PAC) has been established to,
among other duties, review and advise 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 adopted a policy to modify City intersections
through mural installations on the street surface in November 2011; and
WHEREAS, the organizers of Porchfest have submitted a proposal to paint the
intersection of Auburn, W. Lewis, and Adams Streets during this year’s event to
commemorate the 10th anniversary of Porchfest; and
WHEREAS, the artwork will be installed by artist Nina Widger during Porchfest on
September 18, 2016, and may involve interested members of the community; and
WHEREAS, the proposed location is an intersection of three local, non-arterial streets
and meets the requirements for painted intersections identified by the Board of Public
Works; and
WHEREAS, in lieu of the PAC’s standard public outreach for mural projects, the
Porchfest organizers will take the following steps to notify the neighborhood and
address any questions or concerns:
Notify all households and businesses within two standard city blocks of the
proposed project at least 30 days before the project installation date;
Submit a petition of support from all adjacent residents and at least 80% of the
residents within two standard city blocks of the proposed project; and
Work with all affected neighbors to re solve any concerns that may arise
regarding the project; and
WHEREAS, at its meeting on August 24, 2016, the PAC voted unanimously to
recommend that Common Council approve Nina Widger’s design commemorating the
10th anniversary of Porchfest for installation at the intersection of Auburn, W. Lewis, and
Adams Streets; now, therefore be it
RESOLVED, That the City of Ithaca Common Council selects Nina Widger’s design, as
recommended by the Public Art Commission, to be installed at the intersection of
Auburn, W. Lewis, and Adams Streets and to be added to the City of Ithaca’s public art
collection; and, be it further
RESOLVED, That the selected artist may proceed with the installation of her mural
upon the submission of a petition of support from area residents as required by the
Board of Public Works and the execution of an agreement with the City as reviewed by
the City Attorney.
September 7, 2016
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Discussion followed on the floor regarding the notification process used for this project
and whether neighborhood residents and businesses were adequately notified of this
street art installation which is scheduled to happen during the Porchfest event when
streets will be closed.
Alderperson Mohlenhoff stated that she is not opposed to the concept of street art but
inquired as to why this intersection was selected vs. other intersections in the
neighborhood and wondered if this addition would slow traffic down. She voiced
concerns about the safety of this busy intersection as the stop sign that was recently
installed is sometimes forgotten and cars run it, the streets are not aligned, and trees
have grown over the signage.
Alderperson Brock questioned the approval process that was followed: less than 30 day
notification, and no recourse for residents. Alderperson Gearhart explained that the
notification process occurred through the Board of Public Works approval process. The
BPW already received a petition of support for this project.
Alderperson Mohlenhoff stated that she doesn’t feel as if the neighborhood has a good
understanding of this project and asked how she could help to inform people. She
asked if this installation would be part of the Porchfest advertising, and/or if listserv
notifications or flyers would be used. The project’s artist responded that Vicki
Armstrong had spoken with immediate neighbors about this project.
A vote on the Resolution resulted as follows:
Carried Unanimously
REPORT OF CITY ATTORNEY:
City Attorney Lavine requested a motion to enter into Executive Session to discuss
pending labor negotiations
Resolution:
By Alderperson Martell: Seconded by Alderperson Kerslick
RESOLVED, That Common Council enter into Executive Session to discuss pending
labor negotiations.
Carried Unanimously
RECONVENE:
Common Council reconvened into Regular Session with no formal action taken.
Resolution:
By Alderperson McGonigal: Seconded by Alderperson Brock
RESOLVED, That Common Council enter into Executive Session to discuss pending
litigation.
Carried Unanimously
RECONVENE:
Common Council reconvened into Regular Session with no formal action taken.
Approval of Execution of Consent Order with NY DEC
By Alderperson Martell: Seconded by Alderperson Brock
WHEREAS, on October 20, 2015, the City discovered a sanitary sewer overflow into the
Cayuga Lake Inlet caused by a blockage in the sewer siphon under the Inlet; and
WHEREAS, on that same day, City employees cleared the blockage, thus ending the
overflow; and
WHEREAS, despite the City’s prompt efforts upon discovery of the overflow, the City
estimates that the blockage caused a total bypass into the inlet of approximately 3.2
million gallons across approximately a month preceding discovery on October 20, 2015;
and
September 7, 2016
16
WHEREAS, the City greatly values its natural resources, and in particular our lakes,
rivers, and water; and
WHEREAS, the New York State Department of Environmental Conservation (“DEC”)
has negotiated with the City the consent order included herewith, requiring the City to
post informational signage at this and other outflow locations, to pay a $2,500 civil
penalty to DEC, and to engage in appropriate reporting and public outreach, among
others; now, therefore be it
RESOLVED, That Common Council hereby authorizes the payment to the DEC of a
$2,500 civil penalty, which shall be derived as follows:
From account G8111-5430: $2,500
and, be it further
RESOLVED, That the Common Council hereby authorizes the Mayor and the City
Controller, upon the advice of the City Attorney, to execute all documents and payments
necessary to implement the consent order included herewith.
Carried Unanimously
*Please Note: the consent order can be found at the end of the minutes.
MINUTES FROM PREVIOUS MEETINGS:
18.1 Approval of Minutes of the August 3, 2016 Common Council Meeting and
August 24, 2016 Committee of the Whole Meeting – Resolution
By Alderperson Brock: Seconded by Alderperson Kerslick
RESOLVED, That the minutes of the August 3, 2016 Common Council meeting and the
August 24, 2016 Committee of the Whole meeting be approved as corrected.
Motion to Table
By Alderperson McGonigal: Seconded by Alderperson Gearhart
RESOLVED, That approval of the August 3, 2016 and August 24, 2016 minutes be
tabled until the October 5, 2016 meeting.
Carried Unanimously
ADJOURNMENT:
On a motion the meeting adjourned at 9:40 p.m.
______________________________ _______________________________
Julie Conley Holcomb, CMC Svante L. Myrick
City Clerk Mayor