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HomeMy WebLinkAboutMN-CC-2017-03-01COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 6:00 p.m. March 1, 2017 PRESENT: Mayor Myrick Alderpersons (10) Brock, McGonigal, Murtagh, Nguyen, Gearhart Fleming, Smith, Kerslick, Martell, Mohlenhoff OTHERS PRESENT: City Clerk – Conley Holcomb City Attorney – Lavine City Controller – Thayer Building - Planning & Development Director – Cornish Deputy Youth Bureau Director - Tabor PLEDGE OF ALLEGIANCE: Mayor Myrick led all present in the Pledge of Allegiance to the American Flag. ADDITIONS TO OR DELETIONS FROM THE AGENDA: City Administration Committee: Alderperson Mohlenhoff requested the deletion of Item 9.1 entitled “Approval of Engineering Assessment of Alternatives to Reconnect Cornell Heights to City of Ithaca’s Water System – Resolution”. No Council Member objected. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: Fay Gougakis, City of Ithaca, made a statement of reconciliation regarding an incident that occurred at the December, 2016 Common Council meeting. She apologized for statements she made, and suggested that meetings be temporarily recessed when incidents like that occur. Joel Harlan, Town of Newfield, noted how former Mayor Alan Cohen had handled similar situations and supported the suggestion of temporary recesses. Elizabeth Reed, City of Ithaca, thanked Common Council and the Ithaca Landmarks Preservation Commission for the difficult job they do, and for how well they do it. PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR: Mayor Myrick responded to comments made by Ms. Gougakis and apologized for not recessing the meeting and providing an opportunity to resolve the incident immediately. Alderperson McGonigal apologized for the tone that he used during the December incident, noting that he had misread Ms. Gougakis’ intent. He stated that he looks forward to this spirit of reconciliation. Alderperson Murtagh voiced his appreciation to Ms. Gougakis and Alderperson McGonigal for their apologies and willingness to move forward. CONSENT AGENDA ITEMS: Department of Public Works: 8.1 Viva Taqueria & Cantina Alcohol Permit Request - Resolution By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick WHEREAS, in 1998 the City of Ithaca issued a license to the Viva Taqueria & Cantina Restaurant allowing that restaurant to utilize certain areas along Aurora Street for outdoor dining; and WHEREAS, this use of public property has been deemed proper and successful; and March 1, 2017 2    WHEREAS, the City of Ithaca wishes to promote diverse uses of the Primary and Secondary Commons, including outdoor dining; and WHEREAS, it is Common Council's responsibility to determine whether or not to allow the serving and consumption of alcohol on the Primary and Secondary Commons; and WHEREAS, Common Council has determined that the use of this public property for outdoor dining at the Viva Taqueria & Cantina Restaurant, including the responsible sale and consumption of alcohol, is desirable; and WHEREAS, Common Council has determined that any use of this or similar public property involving the same and consumption of alcohol should be covered by a minimum of $1,000,000 insurance under the Dram Shop Act; now, therefore be it RESOLVED, For the year 2017, Common Council hereby approves a revocable Alcoholic Beverage Permit for the outdoor sale and consumption of alcohol for the Viva Taqueria & Cantina Restaurant that includes the sale of alcohol in accord with the terms and conditions set forth in application therefore, including minimum Dram Shop coverage in the amount of $1,000,000 and the approval of an outdoor dining permit. Carried Unanimously 8.2 Kilpatrick’s Restaurant - Alcohol Permit Request – Resolution By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick WHEREAS, the City Clerk has received a request to allow Kilpatrick’s restaurant to utilize certain areas along North Tioga Street for outdoor dining; and WHEREAS, this use of public property has been deemed proper and successful; and WHEREAS, the City of Ithaca wishes to promote diverse uses of the Primary and Secondary Commons, including outdoor dining; and WHEREAS, it is Common Council's responsibility to determine whether or not to allow the serving and consumption of alcohol on the Primary and Secondary Commons; and WHEREAS, Common Council has determined that the use of this public property for outdoor dining at Kilpatrick’s restaurant, including the responsible sale and consumption of alcohol, is desirable; and WHEREAS, Common Council has determined that any use of this or similar public property involving the same and consumption of alcohol should be covered by a minimum of $1,000,000 insurance under the Dram Shop Act; now, therefore be it RESOLVED, For the year 2017, Common Council hereby approves a revocable Alcoholic Beverage Permit for the outdoor sale and consumption of alcohol for Kilpatrick’s restaurant that includes the sale of alcohol in accord with the terms and conditions set forth in application therefore, including minimum Dram Shop coverage in the amount of $1,000,000 and the approval of an outdoor dining permit. Carried Unanimously City Administration Committee: 8.3 Department of Public Works - Approval of Reallocation of Supervisor of Streets Position - Resolution By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick WHEREAS, the Supervisor of Streets requested a review of his position pursuant to the terms of the City Executive Association labor contract; and WHEREAS, the review determined that a permanent and material growth in the position’s responsibilities has occurred since the position was last evaluated in 1999; and WHEREAS, the Human Resources Department reviewed the point factor evaluation of the Supervisor of Streets position and determined that the growth in responsibilities March 1, 2017 3    merits an increased point factor rating, which results in the reallocation of the position to a higher salary grade; now, therefore be it RESOLVED, That the position of Supervisor of Streets be reallocated from Grade B to Grade A of the City Executive Association Compensation Plan; and, be it further RESOLVED, That funding in the amount of $5,698 to cover this salary increase retroactive to December 15, 2016 shall be derived from various DPW accounts in A5111 Maintenance of Roads. Carried Unanimously 8.4 Department of Public Works – Approval for Amendment to 2017 Personnel Roster for the Water Treatment Plant - Resolution By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick WHEREAS, the Department of Public Works (DPW) has $34,000 in the 2017 operating budget for additional staff at the Water Treatment Plant; and WHEREAS, during the preparation of the 2017 budget, there was discussion over use of the funds, either for an Assistant Chief Operator for half of the year, or for an Operator Trainee for the full year; and WHEREAS, the approved roster lists an Assistant Chief Operator, but the Department of Public Works has determined that there is a greater need for an Operator Trainee; now, therefore be it RESOLVED, That the Personnel Roster of the Department of Public Works shall be amended as follows: Add: One (1) Water Treatment Plant Operator Trainee Delete: One (1) Assistant Chief Water Treatment Plant Operator and, be it further RESOLVED, That no funding changes are anticipated within the Department of Public Works budget. Carried Unanimously 8.5 Youth Bureau - Approval for Amendment to 2017 Personnel Roster - Resolution By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick WHEREAS, the Youth Bureau leadership team has worked hard to draft a strategic plan that will address community needs and high quality services that are both efficient and valued by the community; and WHEREAS, the Youth Bureau requests amendments to the 2017 Personnel Roster in order to best meet its needs and support the vision, mission and goals; and WHEREAS, the Youth Bureau has been advised by and worked closely with the Human Resources department throughout the planning process; and WHEREAS, the Civil Service Commission is currently reviewing two positions and formal adoption is anticipated at the February meeting; and WHEREAS, the maintenance and care needed for the Youth Bureau building, Cass Park facilities and grounds continues to grow; and WHEREAS, as our community grows, the demand for services and programming at both facilities is increasing and in order to best manage and maintain vital facilities and grounds along with the corresponding programming; now, therefore be it RESOLVED, That the Personnel Roster of the Youth Bureau shall be amended as follows: March 1, 2017 4    Add: One (1) Deputy Youth Bureau Director (40 hours) One (1) Recreation Program Assistant (35 hours) Delete: One (1) Recreation Facilities Director (40 hours) and, be it further RESOLVED, That the City Controller is hereby authorized to reallocate the funding between one (1) Recreation Program Administrator, two (2) Recreation Program Coordinators and one (1) Recreation Program Specialist position, so that the two Recreation Program Coordinator positions are funded, and the Recreation Program Administrator and Recreation Program Specialist positions are not funded; and, be it further RESOLVED, That this restructure does not require additional funds from the City and will allow the Youth Bureau to optimize its resources and personnel to provide quality services to residents, both now and in the future. Carried Unanimously CITY ADMINISTRATION COMMITTEE: 9.1 Approval of Engineering Assessment of Alternatives to Reconnect Cornell Heights to City of Ithaca’s Water System – Resolution This item was withdrawn from the agenda. 9.2 City Controller’s Report: City Controller Thayer reported on the following:  The recent sale of bonds resulted in an 11% savings over the life of the bonds (2017-2034) equaling $2.5 million dollars.  The Greater Tompkins County Municipal Health Insurance Consortium has been successful in stabilizing premium increases. The 2017 increase will be 5% vs. the 8%+ that is trending in the area. Twenty-eight municipalities currently participate in the consortium and more are requesting to join. The consortium covers 5,200 lives and 2,400 contracts for employees. He further reported that the consortium is exploring participation in the Canada Rx program that would result in additional savings to the City and its employees.  2016 activity looks positive, final figures should be available next month  The 2016 audit is scheduled for July  Two of three vacant positions in the Finance Department have been filled and the last vacancy should be filled soon. Alderperson Mohlenhoff reported that the 2018 budget schedule has been distributed and she encouraged Council members to save those dates on their calendars. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE: 10.1 An Ordinance to Amend Chapter 336 of the City of Ithaca Municipal Code, entitled “Parks and Recreation”, Article II, entitled “Stewart Park,” Section 336-11 entitled “Dogs” to Allow Dogs in Portions of Stewart Park A. Declaration of Lead Agency for Environmental Review – Resolution By Alderperson Murtagh: Seconded by Alderperson Martell WHEREAS, State Law and Section 176-6 of the City Code 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 March 1, 2017 5    WHEREAS, the proposed ordinance is an “Unlisted” Action pursuant to the City Environmental Quality Review (CEQR) Ordinance, which requires environmental review under CEQR; now, therefore be it RESOLVED, That the Common Council of the City of Ithaca does hereby declare itself lead agency for the environmental review of the adoption of an ordinance to amend Chapter 336, Article II, “Stewart Park,” of the City Municipal Code. Carried Unanimously B. Determination of Environmental Significance – Resolution By Alderperson Murtagh: Seconded by Alderperson Martell WHEREAS, the City of Ithaca is considering an amendment to Chapter 336, Article II of the Municipal Code to allow on-leash dogs in most areas of Stewart Park; and WHEREAS, appropriate environmental review has been conducted including the preparation of a Short Environmental Assessment Form (SEAF), dated February 2, 2017; and WHEREAS, the proposed ordinance has been distributed for public comment and has also been distributed for review by the City of Ithaca Conservation Advisory Council, the City of Ithaca Planning and Development Board, and City staff; and WHEREAS, the proposed action is an “Unlisted” Action under the City Environmental Quality Review Ordinance; and WHEREAS, the Common Council of the City of Ithaca, acting as lead agency, has reviewed the SEAF prepared by planning staff; now, therefore be it RESOLVED, That this Common Council, as lead agency in this matter, hereby adopts as its own the findings and conclusions more fully set forth in the Short Environmental Assessment Form, dated February 2, 2017; and, be it further RESOLVED, That this Common Council, as lead agency in this matter, hereby determines that the proposed action at issue will not have a significant effect on the environment, and that further environmental review is unnecessary; and, be it further RESOLVED, That this resolution constitutes notice of this negative declaration and that the City Clerk is hereby directed to file a copy of the same, together with any attachments, in the City Clerk’s Office, and forward the same to any other parties as required by law. Carried Unanimously C. Adoption of Ordinance By Alderperson Murtagh: Seconded by Alderperson Brock WHEREAS, Stewart Park is the only City park where dogs are not permitted, and this prohibition is often not adhered to and rarely enforced; and WHEREAS, the completion of the Cayuga Waterfront Trail has brought an increase in the number of dogs as more people travel through and visit the park with their pets; and WHEREAS, neither the City’s Parks Commission nor the Board of Public Works have received complaints about dogs in the park and both have recommended that the City amend the Municipal Code to allow dogs in the park; and WHEREAS, due to concerns about possible disruptions to Stewart Park’s bird population, dogs will not be allowed in the Fuertes Bird Sanctuary or around the Swan Pond; now, therefore March 1, 2017 6    ORDINANCE NO. 2017- BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, as follows: Section 1. Chapter 336 of the City of Ithaca Municipal Code entitled “Parks and Recreation”, Article II, entitled “Stewart Park”, Section 336-11 entitled “Dogs” is hereby amended to read as follows: Dogs shall be permitted in the park but shall not be permitted in the Fuertes Bird Sanctuary or within 100’ of the Swan Pond, except for on the Cayuga Waterfront Trail or within the Cascadilla Boathouse and around its associated docks. This provision shall not apply to Seeing Eye dogs, service animals providing assistance to people with disabling conditions, and police working dogs. All dogs shall be restrained by an adequate collar and leash while in the park. Exception to these requirements are by permit only, which may be granted by the Superintendent of Public Works or his/her authorized agent. No dogs shall be permitted in the park. This provision shall not apply to Seeing Eye dogs, service animals providing assistance to people with disabling conditions, and police working dogs. Exception to this prohibition is by permit only, which may be granted by the Superintendent of Public Works or his/her authorized agent. Section 2. Severability. Severability is intended throughout and within the provisions of this ordinance. If any section, subsection, sentence, clause, phrase or portion of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall not affect the validity of the remaining portion. Section 3. Effective date. This ordinance shall take effect immediately and in accordance with law upon publication of notices as provided in the Ithaca City Charter. Discussion followed on the floor regarding the definition of adequate collar/leashes, the length of leashes, and the provision for service animals. The following language was recommended as a friendly amendment: Dogs shall be permitted in the park but shall not be permitted in the Fuertes Bird Sanctuary or within 100’ of the Swan Pond, except for on the Cayuga Waterfront Trail or within the Cascadilla Boathouse and around its associated docks. Seeing Eye dogs, service animals providing assistance to people with disabling conditions, and police working dogs are permitted in the Fuertes Bird Sanctuary and within 100’ of the swan pond. All dogs shall be restrained by an adequate collar and leash while in the park. Exception to these requirements are by permit only, which may be granted by the Superintendent of Public Works or his/her authorized agent. A vote on the Ordinance resulted as follows: Carried Unanimously 10.2 Resolution to Approve a Temporary Community Altar in DeWitt Park By Alderperson Murtagh: Seconded by Alderperson Kerslick WHEREAS, the City has received a proposal from Christina Coleman and Charity Burger, on behalf of Art Club, to install a temporary community altar in DeWitt Park; and WHEREAS, as part of the project, individuals would be invited to place a meaningful object on the altar as a way for the community to gather, reflect, and remember; and WHEREAS, the Public Art Commission (PAC) reviewed the proposal in December 2016, and while the PAC did not provide a formal recommendation, they offered several March 1, 2017 7    questions for the project organizers to consider including the size and design of the altar, monitoring/curating of the installation, and removal of the altar at the conclusion of the event; and WHEREAS, at its meeting in early January, the Board of Public Works (BPW) was supportive of the installation, pending a recommendation from the Parks Commission, and will vote on the proposal at its meeting on February 27, 2017; and WHEREAS, in response to discussions at the PAC and BPW meetings, the project organizers made some changes to the original proposal, including daily monitoring of the installation and a tentative design; and WHEREAS, members of the Parks Commission were supportive of the proposed temporary community altar provided that the installation be limited to one month and that Art Club monitors the contributions to the altar as well as its condition daily; now, therefore be it RESOLVED, That the City of Ithaca Common Council approves the installation of Art Club’s proposed community altar in DeWitt Park for a period not to exceed 30 days; and, be it further RESOLVED, That the selected artists may proceed with the installation upon the execution of an agreement with the City as reviewed by the City Attorney. Discussion followed on the floor regarding the approval process followed for this piece of art. It was noted that members of the Parks Commission and Public Art Commission discussed and supported this request, and the Board of Public Works has approved it. Alderperson McGonigal questioned whether there would be an issue with returning items to people. Ms. Coleman and Ms. Burger noted that they will ensure that it is clear that all items left on the altar will be considered public and they will not be returned to the owners. A vote on the Resolution resulted as follows: Carried Unanimously 10.3 Memorandum of Understanding for Base Level Services between the City of Ithaca and the Downtown Ithaca Alliance (DIA) (formerly known as the Downtown Ithaca Business Improvement District) – Resolution By Alderperson Murtagh: Seconded by Alderperson Kerslick WHEREAS, Business improvement districts (BIDs) exist to provide supplemental services over and above those normally and customarily provided to city residents and business districts- typically known as base services; and WHEREAS, the Downtown Ithaca Alliance (formerly known as the Downtown Ithaca Business Improvement District) was created in 1997 to provide supplemental services for the Ithaca Commons and the 22 blocks of downtown bounded by Clinton Street, Albany Street, a line between Buffalo and Court Streets, and Schuyler Place/Gateway/South Aurora Street; and WHEREAS, State law requires that BIDs and municipalities clearly delineate base services as those provided by the municipality; and WHEREAS, the City and the Ithaca Downtown Business Improvement District, Inc., entered into a Base Level Services Memorandum of Understanding on April 21, 1998; and WHEREAS, the agreement was last updated in September of 2006; and WHEREAS, for several months City staff has been working with staff from the DIA in order to update the memorandum of understanding to reflect current programming and funding conditions; and March 1, 2017 8    WHEREAS, Staff has reorganized this memorandum of understanding into two documents, in order to distinguish between base level services and the overall work plan for the total operations and maintenance for the BID; and WHEREAS, the memorandum of understanding outlines the legal agreement between the City and the DIA which describes all of the base level services that are agreed upon; and WHEREAS, the memorandum of understanding is intended to be a longer term agreement that is signed by the City and the DIA; and WHEREAS, the work plan that outlines all of the tasks required for the total maintenance and operations, is intended to be re-visited and updated annually based on staffing responsibilities, programming, general maintenance needs, and funding availability; now, therefore be RESOLVED, That the City and the DIA agree that the Memorandum of Understanding shall be modified; and, be it further RESOLVED, That the Common Council authorizes the Mayor to sign and execute the memorandum of understanding between the City and the DIA; and, be it further RESOLVED, That the Common Council directs staff to work with the DIA to annually update the work plan for the operations and maintenance of the Downtown Business Improvement District. Discussion followed on the floor regarding the City’s payment of insurance for the privately owned art pieces while they are displayed on city property. City Attorney Lavine explained that the City has the best access to insurance at a reasonable rate. The annual premium for this coverage is $887. Alderperson Brock noted that she would like to see a break out of the contributions of various city departments to the Downtown Ithaca Alliance such as police services, maintenance of the glass roof on pavilion, fountain maintenance, sweeper, and other routine operations, including preparation for special events. She stated that she is interested in maintaining the significant investment made to the Commons, but she is not confident that city departments have been appropriately funded to provide this level of support in their existing budgets. Alderperson Kerslick encouraged the Downtown Ithaca Alliance to work more closely with the Parking Division regarding the new parking rules in place such as free weekend parking, and the pre-paid parking hang tag program. Mayor Myrick explained that a parking communication strategy is being developed so that both organizations can work together on educating the public and businesses. A vote on the Resolution resulted as follows: Carried Unanimously MAYOR’S APPOINTMENTS: 14.1 Appointments to the Local Advisory Board of Assessment for the City of Ithaca – Resolution By Alderperson Martell: Seconded by Alderperson McGonigal RESOLVED, That Jonathan Greene, Jesse Hill, and Marshall McCormick be appointed to the Local Advisory Board of Assessment Review for the City of Ithaca for 2017, and be it further 14.2 Appointments to the Rental Housing Advisory Commission – Resolution RESOLVED, That Xavier Rusk be appointed to the Rental Housing Advisory Commission to replace Ashley Popp with a term to expire December 31, 2019; and be it further March 1, 2017 9    RESOLVED, That Sara Koste be appointed to the Rental Housing Advisory Commission to replace Julie L. Paige with a term to expire December 31, 2018, and, be it further 14.3 Reappointments to Rental Housing Advisory Commission – Resolution RESOLVED, That Sean Hillson be reappointed to the Rental Housing Advisory Commission with a term to expire December 31, 2019; and, be it further RESOLVED, That Richard Cowan be reappointed to the Rental Housing Advisory Commission with a term to expire December 31, 2019. Carried Unanimously REPORTS OF COMMON COUNCIL LIAISONS: Ithaca Landmarks Preservation Commission Alderperson Murtagh reported that the ILPC approved the Old Library Project with a 4-3 vote. He lauded the ILPC’s efforts noting that the final design will result in a much nicer building than was originally proposed. Board of Public Works Alderperson Fleming reported on the following: – Director of Engineering Logue submitted a proposal for increasing fees for street closures/sidewalks during construction. – Director of Engineering Logue will be developing criteria for the Board to consider regarding who should pay for rebuilding steps when sidewalk levels are higher than the street, or if they should simply be left alone. Tompkins County Council of Governments Alderperson Fleming reported that the County Administrator discussed the Governor’s mandate that all counties submit a shared services plan for voters to consider at the November election. Chief of Staff Cogan was selected to represent the City on this initiative. Law Enforcement Shared Services Alderperson Mohlenhoff stated that the committee is seeking public input and will be widely distributing an electronic survey, along with scheduling public information sessions. The final details of these initiatives are being worked out now but when they are ready she requested Common Council’s help in sharing the information. Special Joint Committee Alderperson Brock reported that the Chief Operator of the Ithaca Area Wastewater Treatment Plant recently retired and the hiring process has begun for his replacement. The position is in the Executive Labor Unit and the committee is concerned about their ability to attract a qualified candidate at the current salary as the labor contract has not been settled in years. The committee is examining staffing models and potential amendments may be recommended to the IAWWTP agreement. Ithaca Youth Bureau Advisory Board Alderperson McGonigal reported on the fundraiser that was held in January to enclose the Cass Park Rink. He thanked his colleagues and members of the community for paying for these improvements as the design is beautiful and this action will extend the season of usability. He further reported on a public outreach effort to gather input on what people would like to see in the parks. Natural Areas Commission Alderperson Martell reported that the new IthacaTrails.org website has been launched. The site features information and maps for all of the trails in Tompkins County. March 1, 2017 10    Tompkins County Alderperson Nguyen reported that Tompkins County adopted Sanctuary County legislation. TCAT Alderperson Nguyen reported that TCAT is working on real time technology and the rollout should be complete in May. He further reported that TCAT will be hiring a consultant to assist in recruiting a new general manager. REPORT OF CITY ATTORNEY: City Attorney Lavine reported that the City has signed on to the Darweesh vs. Trump Amicus Brief relating to the Executive Order to ban entry into the United States by immigrants and refugees from Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen. Motion to Enter into Executive Session: By Alderperson Kerslick: Seconded by Alderperson Gearhart RESOLVED, That Common Council enter Executive Session to discuss litigation. Carried Unanimously RECONVENE: Common Council reconvened into Regular Session with no formal action taken. Motion to Enter into Executive Session: By Alderperson Kerslick: Seconded by Alderperson Smit RESOLVED, That Common Council enter Executive Session to discuss contract negotiations. Carried Unanimously RECONVENE: Common Council reconvened into Regular Session with no formal action taken. MINUTES FROM PREVIOUS MEETINGS: 18.1 Approval of the February 1, 2017 Common Council Meeting Minutes – Resolution By Alderperson Brock: Seconded by Alderperson Kerslick RESOLVED, That the minutes of the February 1, 2017 Common Council Meeting be approved as published. ADJOURNMENT: On a motion the meeting adjourned at 7:40 p.m. ______________________________ _______________________________ Julie Conley Holcomb, CMC Svante L. Myrick City Clerk Mayor