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HomeMy WebLinkAboutMN-CC-2017-05-03COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 6:00 p.m. May 3, 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 Human Resources Director – Michell-Nunn Chief of Staff – Cogan Director of GIAC – McBean Clairborne Deputy Director of GIAC – Phillips Deputy Director of GIAC - Brooks PLEDGE OF ALLEGIANCE: Mayor Myrick led all present in the Pledge of Allegiance to the American Flag. ADDITIONS TO OR DELETIONS FROM THE AGENDA: Alderperson Brock requested that Item 8.15 - Department of Public Works - Authorization to Use City Parkland for Mobile Vending – Resolution be removed from the Consent Agenda and be added as Item 9.7 under the City Administration Committee Agenda. No Council member objected. PROCLAMATIONS/AWARDS: Stroke Awareness Month Mayor Myrick proclaimed the month of May, 2017 as Stroke Awareness Month in the City of Ithaca. Dorothy Cotton Jubilee Singers Day Mayor Myrick proclaimed May 14, 2017 as Dorothy Cotton Jubilee Singers Day in the City of Ithaca. Presentation of Quarterly Employee Recognition Award Mayor Myrick presented the Quarterly Employee Recognition Award to Valerie Sykes, Executive Assistant, GIAC. Ms. Sykes was nominated by her supervisor for her positive attitude and for being the “glue” that holds GIAC together. She is known for her active listening and organization skills and filling in wherever needed during staff shortages. She was also recognized as the “Royal Employee of Awesomeness” for the month of April at GIAC. SPECIAL PRESENTATIONS BEFORE COUNCIL: 5.1 Presentation of Results of Survey Conducted by City of Ithaca Youth Council on Ithaca Police Department and Community Relations Gillian Turvey, Ithaca Youth Council and Marty Schreiber, Youth Council Program Coordinator, presented the results of a survey conducted by the Youth Council at the Ithaca High School regarding the Ithaca Police Department and community relations. The survey had 712 responses from grades 9-12, with 51.5% male responders, 46.9% female responders, and 1.3% responders who identified as other. The responders identified as: White (European descent) 71.9%, Asian 16.9%, African-American 8.8%, Latino/a 5.8%, Other 4.4%, American Indian1.7%, African 1%, Pacific Islander .7%, Alaskan Native 0%. May 3, 2017 2 Survey questions included many topics including: Do you think your ethnicity is a factor in your interactions with IPD? Do you think that the use of body cameras will improve community relations? How comfortable would you be asking an IPD Officer for help? Do you feel safe when you see an IPD Officer and you are doing nothing wrong? What do you think the role of IPD is in our community? The summary was as follows: Overall, the responses were positive towards the police and the use of body cameras, however, African American students still feel less safe around police compared to other races. A brief question and answer period followed. The Mayor and Common Council thanked the Ithaca Youth Council for their impressive and thorough work with this survey. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: The following people addressed Common Council: Fay Gougakis, City of Ithaca, addressed several issues regarding the Ithaca Commons including noise volume at events on the Commons, the photo of the Mayor standing barefoot on the new Commons fountain, dogs on the Commons, and the crime on the Commons. The following people from the Youth Organizing Fellowship addressed Common Council in support of participatory budgeting and requested that Council include it in their 2018 budget discussions: Emma Dennis, City of Ithaca Ahja Haedicke, City of Ithaca Lisa Avron, City of Ithaca Tahjay Louis, City of Ithaca Nasceim Williams, City of Ithaca Lyla Zusman, City of Ithaca Tenzin Loden, City of Ithaca Thomas Payton-Harp, Town of Berkshire Joel Harlan, Town of Newfield, spoke about the meetings on solar panels that were recently held in the Town and Village of Lansing and the Town of Dryden. Shari Korthuis, City of Ithaca addressed issues regarding “decarcerate” Tompkins County and the proposed jail expansion; the recent activities of the SWAT Team; and recent presence of Immigration and Customs Enforcement (ICE) agents in the Ithaca community. Caleb Thomas, City of Ithaca, spoke in support of the Youth Organizing Fellowship, participatory budgeting, and the proposed six electrical box murals. He also addressed the topic of the committee restructuring proposal and its impact on the Public Art Commission and the City of Ithaca Diversity Statement. Mary Anne Grady Flores, Ithaca Catholic Workers, requested that the City of Ithaca join a national campaign to oppose the Federal bill that would increase military spending by $18 billion. Brooke Burnett, City of Ithaca, also spoke in support of the City joining the national campaign to oppose the increase in military spending. Marc Messing, Town of Ithaca, spoke about the Cascadilla Boat Club lease and urged Council not to allow rowers to row without personal floatation devices (pfds) and without the supervision of safety boats as cold water can incapacitate and kill capsized rowers quickly. May 3, 2017 3 Pastor Michael-Vincent Crea, City of Ithaca, addressed concerns regarding the immigration related arrest that was recently made at the Saigon Kitchen restaurant, and Ithaca’s Sanctuary City status. PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR: Mayor Myrick thanked the Youth Organizing Fellowship members for sharing their research and thoughts on participatory budgeting and encouraged them to join the efforts of the Ithaca Youth Council. He noted that he thinks that participatory budgeting is a good idea; however he shared a concern that many times voluntary civic engagement gives a segment of the population multiple opportunities to speak out on items at the risk of diluting other marginalized voices like the ones the Fellows have highlighted. He stated that budget season is nearing, and he’d like to continue these conversations during those deliberations. Alderperson Murtagh also thanked the Youth Organizing Fellowship members for their comments on participatory budgeting. He noted that he supports putting contingency funding in the 2018 budget to pursue this initiative but also shared the Mayor’s concerns about the segment of the community that typically participate in civic engagement opportunities. Alderperson Nguyen thanked Ms. Grady Flores and Ms. Burnett for speaking and noted that the proposed Resolution opposing the increase in military spending would be forwarded to the City Administration Committee for further discussion in two weeks. He further thanked everyone who attended the rally today to oppose the recent ICE action in Ithaca. Alderperson Brock responded to comments made about participatory budgeting, noting that it would be nice to have members from the Youth Organizing Fellowship come to the budget sessions to learn how budgeting is currently being done. She further recognized the students who came from the rally, explaining the unsettling experience of having Immigration and Customs Enforcement Agents detain an individual in the community in broad daylight. Alderperson Brock also thanked Mr. Messing for continuing to advocate for the safe boating practices of youth participating in City and Cascadilla Boat Club programs and addressing the issues of chase boats and personal floatation devices. Alderperson Martell thanked all of the speakers for sharing their thoughts. She addressed comments made regarding the tactics used by the City’s SWAT Team. She noted that the SWAT Team is part of a well-trained, highly engaged, and community oriented police force. CONSENT AGENDA ITEMS: Superintendent of Public Works Office: 8.1 Approval of Taste of Thai Alcohol Permit Request – Resolution By Alderperson Martell: Seconded by Alderperson Kerslick WHEREAS, the City Clerk has received a request to allow the Taste of Thai Restaurant to utilize certain areas along the Primary Commons for outdoor dining; and WHEREAS, this use of public property has been deemed proper and successful , and WHEREAS, the City of Ithaca wishes to promote diverse uses of the Primary and Secondary Commons, including outdoor dining, and WHEREAS, it is Common Council's responsibility to determine whether or not to allow the serving and consumption of alcohol on the Primary and Secondary Commons; and WHEREAS, Common Council has determined that the use of this public property for outdoor dining at the Taste of Thai Restaurant, including the responsible sale and consumption of alcohol, is desirable; and May 3, 2017 4 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 Taste of Thai Restaurant that includes the sale of alcohol in accord with the terms and conditions set forth in application therefore, including minimum Dram Shop coverage in the amount of $1,000,000 and the approval of an outdoor dining permit. Carried Unanimously 8.2 Approval of Mahogany Grill Alcohol Permit Request – Resolution By Alderperson Martell: Seconded by Alderperson Kerslick WHEREAS, the City Clerk has received a request to allow the Mahogany Grill restaurant to utilize certain areas along Aurora Street for outdoor dining; and WHEREAS, this use of public property has been deemed p roper and successful; and WHEREAS, the City of Ithaca wishes to promote diverse uses of the Primary and Secondary Commons, including outdoor dining; and WHEREAS, it is Common Council's responsibility to determine whether or not to allow the serving and consumption of alcohol on the Primary and Secondary Commons; and WHEREAS, Common Council has determined that the use of this public property for outdoor dining at the Mahogany Grill 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 Mahogany Grill Restaurant that includes the sale of alcohol in accord with the t erms 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 8.3 Approval of Monk’s on The Commons Restaurant (Marriott Hotel) Alcohol Permit Request – Resolution By Alderperson Martell: Seconded by Alderperson Kerslick WHEREAS, the Monk’s on The Commons Restaurant has requested permission to utilize certain areas along South Aurora 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 the Monk’s on The Commons 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 May 3, 2017 5 RESOLVED, For the year 2017, Common Council hereby approves a revocable Alcoholic Beverage Permit for the outdoor sale and consumption of alcohol for Monk’s on The Commons 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 8.4 Approval of Luna Restaurant Alcohol Permit Request – Resolution By Alderperson Martell: Seconded by Alderperson Kerslick WHEREAS, the Luna Restaurant has requested permission to utilize certain areas along North Aurora 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 the Luna 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 Luna 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 8.5 Approval of Ithaca Ale House Alcohol Permit Request – Resolution By Alderperson Martell: Seconded by Alderperson Kerslick WHEREAS, the Ithaca Ale House has requested permission to utilize certain areas along Aurora 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 the Ithaca Ale House, 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 Ithaca Ale House 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 May 3, 2017 6 City Administration Committee: 8.6 Establishment of Standard Work Day (SWD) and Reporting Resolution for Elected and Appointed Officials By Alderperson Martell: Seconded by Alderperson Kerslick RESOLVED, That the City of Ithaca hereby establishes the following standard workdays for the Mayor and Common Council and will report these officials to the New York State and Local Retirement System based on their record of activities: Name SWD Term Record of Activity Svante L. Myrick, Mayor 8 1/1/16-12/31/19 26.56 Cynthia Brock, Alderperson 6 1/1/16-12/31/17 20.75 George McGonigal, Alderperson 6 1/1/16-12/31/19 8.03 Joseph Murtagh, Alderperson 6 1/1/16-12/31/17 10.00 Stephen Smith, Alderperson 6 1/1/16-12/31/19 5.03 Carried Unanimously 8.7 Authorization to Amend 2017 Budget to Include Grant for Art Program (GAP) - Resolution By Alderperson Martell: Seconded by Alderperson Kerslick WHEREAS, the City received a $2,100 grant from the Community Arts Partnership of Tompkins County, Inc. as part of their Grants for Arts Program; and WHEREAS, the $2,100 grant will allow a First Street Mosaic Project on First Street called “IthAque” to be completed; now, therefore be it RESOLVED, That Common Council hereby accepts the Community Arts Partnership Grant for the purposes of completing said Mosaic Project on First Street and amends the 2017 Authorized Budget as follows: Increase Revenue Account: A1012-2379 Community Services $2,100 Increase Appropriation Account: A1012-5435 Community Services Contracts $2,100 Carried Unanimously 8.8 Ithaca Fire Department (IFD) – Request to Amend 2017 Budget - Resolution By Alderperson Martell: Seconded by Alderperson Kerslick WHEREAS, in May of 2016, The Ithaca Fire Department received a Federal Emergency Management Assistance (FEMA) Assistance to Firefighters Grant to purchase a new breathing air compressor; and WHEREAS, the budgeted amount for the replacement of the breathing air compressor is fifty thousand dollars ($50,000); and WHEREAS, ten percent (10%) of the of the total cost of the breathing air compressor, estimated at four thousand five hundred forty-five dollars ($4,545), will be paid from the 2017 fire department operating budget; and WHEREAS, up to forty-five thousand four hundred and fifty-five dollars ($45,455) for the purchase of the breathing air compressor is funded through the Assistance to Firefighters Grant Program; now, therefore be it RESOLVED, That Common Council hereby amends the 2017 Fire Department Budget as follows: Increase Expenses: A3410-225 Equipment $ 45,455 Increase Revenues: A3410-4389 Public Safety $45,455 Carried Unanimously May 3, 2017 7 8.9 Finance/Controller’s Office – Authorization for Amendment to Personnel Roster – Resolution By Alderperson Martell: Seconded by Alderperson Kerslick WHEREAS, the Controller’s Office requests that the workweek for the Deputy Controller be reduced from 40 hours to 35 hours per week; now, therefore be it RESOLVED, That effective May 8, 2017, the workweek for the Deputy Controller position be and hereby is reduced from forty (40) hours/week to thirty-five (35) hours per week pursuant to the employee’s request; and, be it further RESOLVED, That for the sole purpose of determining days worked reportable to the New York State and Local Employee’s Retirement System, the sta ndard workday for this position shall be established at seven (7) hours per day (thirty-five (35) hours per week). Carried Unanimously 8.10 Greater Ithaca Activities Center (GIAC) – Authorization to Amend 2017 Personnel Roster - Resolution By Alderperson Martell: Seconded by Alderperson Kerslick WHEREAS, the Greater Ithaca Activities Center (GIAC) has proposed to add one (1) full time (40-hours) Administrative Coordinator to the roster; and WHEREAS, this position will provide an opportunity for GIAC to realign staff to meet its needs, particularly for financial management and payroll; and WHEREAS, GIAC’s Financial Clerk position has been vacant since November 2016 creating a huge void at GIAC; and WHEREAS, GIAC Administration sees the opportunity to reorganize staff with the skill sets to fulfill the duties of the Financial Clerk and other systems management needs within the organization; and WHEREAS, GIAC’s 2017 budget as approved has funding to support this position; and WHEREAS, no additional funds are being requested for this position; now, therefore be it RESOLVED, That the personnel roster of GIAC shall be amended as follows: Add: One (1) Administrative Coordinator (40 hours) Delete: GIAC Financial Clerk (25 hours) ; and, be it further RESOLVED, That said roster amendment will be made within the existing funds of the 2017 authorized GIAC budget. Carried Unanimously 8.11 Greater Ithaca Activities Center (GIAC) – Authorization to Amend 2017 Personnel Roster - Resolution By Alderperson Martell: Seconded by Alderperson Kerslick WHEREAS, after careful deliberation and discussion with Human Resources, it was determined that the scope of responsibilities of the “My Brother’s Keeper Ithaca (MBKI)” manager is on the same level as a GIAC Deputy Director; and WHEREAS, this position has been reviewed and approved by the Civil Service Commission; and WHEREAS the roster amendment aligns with the program and staffing adjustments being made at GIAC that will best meet the department’s needs and ensure that all areas are covered; now, therefore be it May 3, 2017 8 RESOLVED, That the personnel roster of GIAC shall be amended as follows: Add: One (1) Deputy GIAC Director (40 hours) Delete: One (1) GIAC Program Administrator ; and, be it further RESOLVED, That said roster amendment will be made within the existing funds of the 2017 authorized GIAC budget with grant funds. Carried Unanimously 8.12 Greater Ithaca Activities Center (GIAC) – Authorization to Amend 2017 Personnel Roster - Resolution By Alderperson Martell: Seconded by Alderperson Kerslick WHEREAS, the Greater Ithaca Activities Center (GIAC) has proposed to add one (1) full time (35-hours) GIAC Program Coordinator to the roster; and WHEREAS, this position will provide an opportunity for GIAC to realign staff to meet its needs, particularly in the Youth Division; and WHEREAS, GIAC’s Youth Division has expanded in scope of programs offered and number of participants served; and WHEREAS, coordination of this division has grown beyond the responsibility of a single person as multiple age groups and specialized programs are served during the afterschool hours and summer camp; and WHEREAS, GIAC’s Administration deemed it necessary to restructure staffing and programming to ensure maximum compliance with regulations and efficiency in program delivery; and WHEREAS, it is also necessary to balance the work load of staff as program needs, community needs, and state regulations change; and WHEREAS, GIAC’s 2017 budget, as approved, has funding to support this position; and WHEREAS, no additional funds are being requested for this position; now, therefore be it RESOLVED, That the personnel roster of GIAC shall be amended as follows: Add: One (1) GIAC Program Coordinator (35 hours) ; and, be it further RESOLVED, That said roster amendment will be made within the existing funds of the 2017 authorized GIAC budget. Carried Unanimously 8.13 Support of Appointments to the Exploration of Community Choice Aggregation Committee – Resolution By Alderperson Martell: Seconded by Alderperson Kerslick WHEREAS, the City of Ithaca is interested in promoting energy efficiency and local renewable energy generation, and also in reducing energy costs for its residents; and WHEREAS, the New York State Public Service Commission, in April 2016, authorized the development of Community Choice Aggregation programs, that allows participating local governments to work together through a shared purchasing agreement to procure natural gas and/or electric energy supply on behalf of their residents and small businesses; and May 3, 2017 9 WHEREAS, Community Choice Aggregation (CCA) is a means to provide lower, more stable and predictable energy costs, while also promoting energy efficiency, local renewable energy development, and local job growth; and WHEREAS, residents and small businesses that are not interested in participating in CCA energy procurement are able to opt out; and WHEREAS, the Tompkins County Council of Governments (TCCOG) works to identif y shared services and procurement opportunities to provide better service and lower costs to our residents; and WHEREAS, TCCOG has established a CCA Advisory Committee made up of elected/appointed officials plus community members to explore CCA and advise interested municipalities on CCA administrative and procurement models, and to search for and recommend a program administrator; and WHEREAS, participation in the TCCOG CCA Committee does not obligate the City of Ithaca to participate in CCA, (which requires passage of a local law), but rather indicates the City of Ithaca interest in exploring the option of CCA; now, therefore be it RESOLVED, That the Common Council selects Nick Goldsmith to serve on the TCCOG CCA Advisory Committee; and, be it further RESOLVED, That Common Council appoints Sarah Hess to serve on the TCCOG CCA Advisory Committee. Carried Unanimously 8.14 Human Resources Department - Establishment of Promoted Acting Department Head and Department Head Salaries - Resolution By Alderperson Martell: Seconded by Alderperson Kerslick WHEREAS, in 2015, Common Council adopted the Management Compensation Plan; and WHEREAS, the newly adopted Management Compensation Plan did not include a procedure for providing a salary increase to an em ployee who is acting in a department head role, nor did it repeal the procedure established in 2009; and WHEREAS, the 2009 procedure for calculating a salary increase for an acting department head does not align with the 2015 procedure for calculating a s alary increase for a newly appointed department head; now, therefore be it RESOLVED, That after acting in the role of a department head for thirty (30) days, a deputy department head shall be assigned to the lowest salary step for the department head position that results in a salary increase for the deputy; and, be it further RESOLVED, That if an employee other than a deputy department head is appointed to serve in an acting department head role, the employee shall immediately be assigned to the lowest salary step for the department head position that results in a salary increase for the employee; and, be it further RESOLVED, That an employee acting as a department head shall not be entitled to annual salary step increases for the acting title, but shall remain eligible for any step increases the employee would have otherwise received in the employee’s permanent title; provided, however, that if a step increase in the employee’s permanent title results in a higher salary than the employee’s current acting department head salary, the acting department head salary shall be recalculated as specified above; and, be it further RESOLVED, That employees who are promoted to or within the Managerial Compensation Plan shall be assigned to the lowest salary step that provides at least an eight (8%) percent increase in the employee’s base salary, with subsequent step movement occurring annually on the employee’s anniversary date in the current job title, May 3, 2017 10 until the employee reaches the maximum step, at which time step movement shall cease; and, be it further RESOLVED, That under no circumstances shall a managerial employee earn a salary greater than the maximum step for the employee’s position, or the position in which the employee is acting, whichever is higher. Carried Unanimously 8.16 Authorization for Funding for Watercraft Storage Shed in Stewart Park - Resolution By Alderperson Martell: Seconded by Alderperson Kerslick WHEREAS, on March 2, 2016, Common Council approved four locations at Stewart Park and Cass Park for the purpose of non-motorized watercraft concessions, and during the summer months of 2016 a vendor was granted a license and operated a concession in Stewart Park near the Cascadilla Boat House location; and WHEREAS, the kayak and paddleboard rental concession proved to be a popular feature in Stewart Park supporting the public’s access to recreational opportunities on the water, but proved difficult to operate due to lack of overnight storage, to the point that the vendor will no longer operate without such a storage facility; and WHEREAS, in its 2016 submissions to Common Council, the Water Recreation Committee recommended an operations/storage building similar to the building used at Taughannock State Park, if needed, to help support concession operations; and WHEREAS, the Department of Public Works and Ithaca Youth Bureau have also expressed an interest in additional wintertime storage facilities for recreational equipment at Stewart Park; and WHEREAS, the cost of a shed that will support both summertime vendor operations and wintertime storage is estimated to be less than $10,000, which City staff are confident can be recouped over time through an increase in the concession fee based on the Pomeroy appraisal for square footage and increased concession revenue, of which the City receives 8 percent; and WHEREAS, in 2016, Common Council resolved that the concession constituted a public recreation-related use of parkland, and that the concession was expected to enhance the parks’ appeal and benefit to the public; now, therefore be it RESOLVED, That the Common Council finds that the installation of a multi -use shed as described above fosters the public’s ability to access recreational and athletic opportunities in Stewart Park, and thereby fulfills a valid park purpose; and, be it further RESOLVED, That Common Council authorize the transfer of up to $10,000 from Unrestricted Contingency to account A7111-5483 to purchase and install the operations/storage shed near the Cascadilla Boat House. Carried Unanimously 8.17 Finance – Chamberlain – Request to Waive Penalty on Taxes - Resolution By Alderperson Martell: Seconded by Alderperson Kerslick WHEREAS, the owner of property at 205-207 W Yates Street and 327 & 329 W Court Street stated they sent in a check in the amount of $5,258.12 on January 19, 2017 for payment of the City and County taxes on the property; and WHEREAS, the check was never received by the Chamberlain’s Office; and WHEREAS, a replacement check has been sent and received by the Chamberlain’s Office for $5,258.12, but needs Common Council approval to accept the check and waive the penalty of $187.23; now, therefore be it May 3, 2017 11 RESOLVED, That the request to waive the penalty on the 2017 City of Ithaca, First Installment and Tompkins County Taxes for 205-207 W. Yates Street and 327 & 329 W. Court Street in the amount of $187.23 is hereby approved. Carried Unanimously CITY ADMINISTRATION COMMITTEE: 9.1 Planning, Building, Zoning, and Economic Development Department - Amendment to Personnel Roster - Resolution By Alderperson Mohlenhoff: Seconded by Alderperson Martell WHEREAS, in anticipation of the future retirement of the Director of Planning and Development (within 5 years), the department recommends filling the vacant Deputy Director of Planning and Development position; and WHEREAS, a deputy would allow the current director to delegate responsibilities, affording more time to supervise and plan for the department and a ssist with the transition process by providing continuity upon the Director’s retirement; and WHEREAS, the new position of Zoning Administrator is being created to transition from the Director of Zoning Administration (retired January, 2017) to a supervis ory position, able to take on certain responsibilities of the Director of Zoning Administration, specifically responsible for the enforcement, administration, compliance and maintenance of the City of Ithaca Zoning Ordinance and other applicable regulation s related to the use and development of land, property and buildings within the City of Ithaca, overseeing a system to digitize and store all paper records and the automation of routine tasks as they relate to buildings and properties; now, therefore be it RESOLVED, That the Personnel Roster for the Department of Planning and Development be amended as follows: Add: One (1) Deputy Director of Planning and Development (40 hours) One (1) Zoning Administrator (40 hours) Delete: One (1) Director of Zoning Administration (40 hours) One (1) Housing and Land-use Supervisor (40 hours) ; and, be it further RESOLVED, That the position of Deputy Director of Planning and Development shall be assigned to the Management Compensation Plan at salary grade 8; and, be it further RESOLVED, That the position of Zoning Administrator shall be assigned to the City Executive Association bargaining unit at salary grade B; 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 both these positions shall be established at eight (8) hours per day, forty (40) hours per week; and, be it further RESOLVED, That funding for this roster change shall be derived from existing funds within the Department of Planning and Development’s budget. Carried Unanimously 9.2 Greater Ithaca Activities Center (GIAC) - Request for Contingency Fund Appropriation and Amendment of 2017 Budget - Resolution By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick WHEREAS, in September 2014, President Obama issued the My Brother’s Keeper (MBK) Community Challenge to municipalities across the country in order to address persistent opportunity gaps faced by boys and young men of color in the United States; and WHEREAS, the City of Ithaca accepted this challenge with great interest and a desire to help foster long term change within the community; and May 3, 2017 12 WHEREAS, Ithaca is one of 200 cities to accept the challenge so far; and WHEREAS, after some preliminary work on the program, Mayor Myrick asked GIAC to assume responsibilities for developing and implementing the My Brother’s Keeper Ithaca (MBKI) program; and WHEREAS, GIAC accepted this request in June 2016, and assigned coordination of MBKI to its Program Administrator as a temporary measure through December 2016 in order to leverage grants and other funding opportunities because having a designated MBK program coordinator is a necessary requirement of many of the funding streams; and WHEREAS, since June 2016, the amount of collaboration and activities done with MBKI was impressive enough to garner us an invitation to the final White House MBKI Summit under President Obama in December 2016; and WHEREAS, the program continues to move rapidly forward without any additional funding and is leaving a void in fulfilling the prior responsibilities of the GIAC Program Administrator; and WHEREAS, the City and the Ithaca City School District, in partnership, applied for and were recently awarded a New York State Education Department (NYSED) grant for MBKI; and WHEREAS, a budget for the MBKI program was developed, totaling $57,000 per year; and WHEREAS, it is likely that as the program continues to develop, additional grants and fundraising will further reduce the City’s contribution; and WHEREAS, during the budget review in 2016, GIAC Administration alerted Common Council that contingency funding could possibly be required to continue the program for 2017; now, therefore be it RESOLVED, That Common Council hereby amends the 2017 Authorized GIAC Budget to account for a nine (9) month MBKI program budget as follows: Increase Revenue Accounts: A7311-2070-1159 Donations $11,600 A7311-3820-1159 State Aid 30,763 $42,363 Increase Appropriation Accounts: A7311-5105 Administration $10,000 A7311-5110 Staff 5,000 A7311-5115 Hourly P/T 9,250 A7311-5125 Overtime 750 A7311-5425 Office Expense 225 A7311-5430 Fees 450 A7311-5435 Contracts 1,125 A7311-5445 Travel 4,500 A7311-5460 Program Surplus 3,700 A7311-9010 Retirement 4,700 A7311-9030 FICA/Medicare 1,913 A7311-9040 Workers Comp 750 $42,363 ; and, be it further RESOLVED, That the City of Ithaca accepts and commits to funding MBKI in the amount of $57,000 per year. May 3, 2017 13 Alderperson Mohlenhoff explained that the program is also open to young women of color. She noted that the program runs longer than 9 months and this funding is to keep the program going through the rest of this year. A vote on the Resolution resulted as follows: Carried Unanimously 9.3 North Aurora Street Bridge Replacement Project – Authorization for the Implementation, and Funding in the First Instance 100% of the Federal-Aid and State-Aid Eligible Costs, of a Federal-Aid and/or State-Aid Transportation Project, and Appropriating Funds Therefore - Resolution By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick WHEREAS, Sponsor will design, let and construct the “project”; and WHEREAS, a Project for the N Aurora St. over Cascadilla Creek Bridge Replacement, P.I.N. 375423 (the “Project”) is eligible for funding under Title 23 U.S. Code , as amended, that calls for the apportionment of the costs such program to be borne at the ratio of 95% Federal funds and 5% 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 Design, Construction and Inspection; and WHEREAS, as part of the approved 2016 budget, Common Council established Capital Project #826 and authorized $214,000 funding for the Project; and WHEREAS, On January 13, 2017, additional $1,178,000 (95% of $1,240,000) of BRIDGE NY funding was made available by New York State Department of Transportation for Project; now, therefore be it RESOLVED, That the City of Ithaca Common Council hereby approves the above - subject project; and, be it further RESOLVED, That the City of Ithaca 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 all work for the Project or portions thereof; and, be it further RESOLVED, That the City of Ithaca Common Council hereby agrees that the City of Ithaca shall be responsible for all cost of the Project which exceed the amount of the BRIDGE NY funding awarded to the City of Ithaca; and, be it further RESOLVED, That the City of Ithaca Common Council hereby amends CP#826 to add $1,178,000 for a total of $1,392,000; 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 5% of project costs up to a total project cost of $1,240,000 and 100% of additional costs thereafter; 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 will be $214,000; and, be it further RESOLVED, That in the event of full federal and non-federal share cost of the project exceeds the amount appropriated above, 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, be it further RESOLVED, That City of Ithaca hereby agrees that construction of the Project shall begin no later than eighteen (18) months after award and that the project shall be completed within three years of commencing construction; and, be it further May 3, 2017 14 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 the necessary Certifications or reimbursement requests for Federal Aid and /or State-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, 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, be it further RESOLVED, This Resolution shall take effect immediately. Carried Unanimously 9.4 Approval of Engineering Assessment of Alternatives to Reconnect Cornell Heights to City of Ithaca’s Water System - Resolution By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick WHEREAS, the Cornell Heights neighborhood, roughly the area no rth of University Avenue, has been served by water supplied by the Cornell Water Filtration Plant since 1993; and WHEREAS, this arrangement was implemented at Cornell’s request to enable them to utilize the City’s water main running through campus, down E ast Avenue, which had supplied Cornell Heights up to that time; and WHEREAS, in the original letter of understanding, Cornell and the City agreed that the City would supply an equal volume of water to Cornell at one of several possible locations on their campus to offset the water supplied by Cornell; that there would be little to no financial exchange for the arrangement; that Cornell Heights water users would remain City customers and would continue to be billed by the City; and that Cornell water users would continue to be billed by Cornell; and WHEREAS, the original letter of understanding was never converted to a formal legal agreement, but the water system changes were made immediately; and WHEREAS, the City saw and continues to see some benefits from this arrangement, including higher water pressures in Cornell Heights, which provide better fire protection; and WHEREAS, the City supplied the West Campus area of Cornell from Stewart Avenue for some period of time during the initial years of this arrangement, but the City’s water pressure and fire flow were eventually deemed unacceptable, and West Campus was switched back to Cornell’s water system in 1996; and WHEREAS, the City has more than enough capacity at its newly constructed water treatment plant to supply the required quantity of water; and WHEREAS, the City has been and remains willing to supply water to Cornell to offset the water supplied to Cornell Heights, but Cornell has heretofore not provided the City with an alternative location for the delivery of water; and WHEREAS, the City has offered and remains willing to pay Cornell the marginal cost of producing that amount of water, since the City sees minor savings in chemical and electricity costs by not treating and pumping that volume of water; and WHEREAS, Cornell has instead requested that the City pay a rate discounted by 45% from the their retail price for water, a rate approximately ten times higher than the City’s marginal cost of water; and May 3, 2017 15 WHEREAS, Cornell wishes to pursue the option of switching Cornell Heights back to the City’s water system, but the original water main down East Avenue is no longer available, and therefore a new connection will have to be planned and constructed; and WHEREAS, the City is also interested in exploring the option of reconnecting the City’s water supply to West Campus, to allow the exchange of water to occur as originally conceived; and WHEREAS, the City has received from O’Brien and Gere a proposal to evaluate, for feasibility and cost, seven different alternatives for reconnecting Cornell Heights to the City’s water system and one option for serving West Campus; and WHEREAS, this evaluation will cost $26,000, an amount the City is willing to pay, in partial recognition of the marginal water savings from not supplying Cornell with an offsetting amount of water since 1996; now, therefore be it RESOLVED, That Common Council hereby authorizes the expenditure, in an amount not to exceed $26,000, to be derived from existing funds in Capital Reserve #16 Water Sources Development for the purposes of evaluating costs for the reconnection of Cornell Heights to the City’s water system. Alderperson Brock questioned what the amount of available funding was in the capital reserve. City Controller Thayer responded that there is approximately $3 million available for use on water sources throughout the city. A vote on the Resolution resulted as follows: Carried Unanimously 9.5 Support of Co-Sponsorship of the Stewart Park Fourth of July Fireworks Display with the Rotary Club of Ithaca - Resolution By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick WHEREAS, the City wishes to continue the tradition of hosting fireworks in Stewart Park for the community to enjoy and celebrate the Fourth of July; and WHEREAS, the Rotary Club has expressed interest in developing the fireworks into an annual event in Stewart and Cass Parks as a co-sponsor with the City; and WHEREAS, the City would provide traditional municipal services and the Rotary Club would plan and fund the event details in coordination with the City’s existing special event process; and WHEREAS, City staff and Rotary Club representatives have discussed the division of responsibilities and will memorialize such in a memorandum of understanding with an anticipated event date of early July each year; and WHEREAS, as co-sponsor of the fireworks display event, the Rotary Club of Ithaca would commit to funding the cost of fireworks, concessions, vendors, entertainment, traffic and safety measures and sanitary amenities; and WHEREAS, as co-sponsor of the fireworks display event, the City would commit to contracting for the fireworks display and providing City insurance coverage, equipment, facilities and staff time of the Ithaca Police Department, Fire Department, Department of Public Works, Youth Bureau, and any other relevant City department t o support the event at no cost to the Rotary Club; now, therefore be it RESOLVED, That Common Council supports the City’s co-sponsorship of the fireworks event and authorizes the City to provide in kind services at no charge to service the event; and, be it further RESOLVED, That the Mayor, upon the advice of the City Attorney, is authorized to execute a memorandum of understanding with the Rotary Club to co-sponsor the event and memorialize the roles and responsibilities with respect to the fireworks event. May 3, 2017 16 Alderperson Mohlenhoff offered a public thank you to the Rotary Club for taking on this community event and for working with the city on it. A vote on the Resolution resulted as follows: Carried Unanimously 9.6 Support for Amendment to Power Purchase Agreement (PPA) with Tesla for Solar Farm - Resolution By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick WHEREAS, the City of Ithaca signed a Power Purchase Agreement (PPA) with Solar City (now Tesla) on February 10, 2015 to buy all of the electricity produced by a large scale solar array located at the Ithaca Tompkins Regional Airport at a cost of $0.079 (7.9 cents) per kilowatt-hour of electricity; and WHEREAS, the solar array development process h as been slowed down by a number of different issues, including solar array location and design changes; FAA requirements; and changes to New York State regulations pertaining to solar arrays, resulting in increased project costs that make the existing rate of 7.9 cents financially infeasible for Tesla to advance the project; and WHEREAS, Tesla has proposed a new PPA rate not to exceed $0.090 (9.0 cents) per kilowatt-hour of electricity generated, with $0.085 (8.5 cents) paid to Tesla (previously Solar City) and $0.005 (0.5 cents) paid to Tompkins County for the lease of the land; and WHEREAS, the new size of the solar array is approximately 1,500 kilowatts DC, which would produce an estimated 1.8 million kilowatt hours in its first year of operation (as compared with the previous system size/production of 2,400 kw and 2.8 million kwh); and WHEREAS, for Tesla to retain the existing New York State Energy Research and Development Authority (NYSERDA) financial incentives, and for the City of Ithaca to retain the financial credit structure necessary for this project, Tesla must provide a down payment to New York State Electric & Gas (NYSEG) for utility upgrades by May 31, 2017; and WHEREAS, an amendment to the PPA is necessary to enable payment to NYSEG; and WHEREAS, the amendment and associated documents are currently under negotiation; now, therefore be it RESOLVED, That Common Council is supportive of entering into an amended Power Purchase Agreement with Tesla, provided that the City can come to mutually agreeable terms with Tesla at a rate not to exceed $0.09 (9.0 cents) per kilowatt -hour; and, be it further RESOLVED, That the Mayor, subject to review by the City Attorney, City Controller, and Sustainability Coordinator, is hereby authorized to execute all necessary documents to effect such amendment. Alderperson Nguyen stated that he is recusing himself from the discussion and vote on this item as he is an investor. Alderperson Murtagh questioned what level of risk the city would encounter if the company went bankrupt. City Attorney Lavine responded that the project should be bonded, so there would be no substantial legal risk. The only risk would be the panels in place that might need to be removed in the future. May 3, 2017 17 A vote on the Resolution resulted as follows: Ayes (9) Brock, McGonigal, Murtagh, Gearhart, Fleming, Smith, Kerslick, Mohlenhoff, Martell Nays (0) Recusals (1) Nguyen Carried (9-0-1) 9.7 Department of Public Works (DPW) - Authorization to Use City Parkland for Mobile Vending - Resolution By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick WHEREAS, in 2014, Board of Public Works established a City Street Vending (Food Truck) policy, and revised the policy in 2015; and WHEREAS, among other locations, the Street Vending policy included several locations in Cass and Stewart Parks as shown on the attached Appendix A; and WHEREAS, pursuant to City Code Chapter 170 “Use of City Real Property,” any concessionary or other non-transitory use of City parkland requires a license; and WHEREAS, Section 170-5(G) vests in the Common Council the sole authority to grant approval of any license to make non-transitory use of City parkland; and WHEREAS, City Code Chapter 336 “Parks and Recreation” authorizes the Superintendent of Public Works to execute concession agreements within City parks; now, therefore be it RESOLVED, That Common Council finds that the proposed mobile vending concessions constitute a public recreation-related use of Stewart and Cass Parks, are not expected to significantly compromise the public’s ability to enjoy the parks as intended, and in fact are expected to enhance the overall quality of the parks’ appeal and benefit to the public by offering additional amenities in the park; and, be it further RESOLVED, That Common Council hereby authorizes the use of the locations shown in the attached Appendix A; and, be it further RESOLVED, That Common Council hereby authorizes the Superintendent of Public Works to advertise, now and in the future, the mobile vending concession locations, and select and license eligible vendors for such concessions at the locations authorized by this resolution; and, be it further RESOLVED, That as the City has not established a regular, fair-market fee for such seasonal use of its parkland, Council hereby authorizes the fee for this concessionary use of parkland to be established as set forth in Appendix A; and, be it further RESOLVED, That fees and seasonal dates for subsequent years shall be esta blished by the Board of Public Works prior to January 31st of each year; and, be it further RESOLVED, That the Superintendent, upon the advice of the City Attorney, is authorized to issue a revocable license to each eligible vendor selected for mobile vending concessions containing standard terms and conditions with regard to liability insurance coverage, indemnification of the City, health and fire precautions, and other pertinent matters. Alderperson Brock explained that she asked that this item be removed from the consent agenda because the use of/licensing of parkland requires the approval of Common Council. This action would delegate some of these decisions to the Superintendent of Public Works vs. a Common Council vote. City Attorney Lavine explained that concessions support a recreational use of the park; therefore this action is perfectly legal. A vote on the Resolution resulted as follows: Carried Unanimously May 3, 2017 18 9.8 City Controller’s Report City Controller Thayer reported on the following: The New York State Budget has passed: – State Aid remains flat again for six consecutive years at $2.6 million. This continues the nine years of reduced or flat State aid funding – CHIPS funding is $604,000 = $66,000 winter recovery funds; $100,000 Pave NY funds, and $438,000 for CHIPS – A County-wide shared services property tax savings plan is required as part of the budget. Tompkins County is the lead agency on this project and additional details will be forthcoming City of Ithaca 2017 budget: – Sales tax is increased over last year’s activity Other budget figures are running as expected: – The first Mortgage Tax payment was $482,000, up 18% from 2016 ($72,000 ) – Street lighting project - anticipated energy savings were budgeted but this project is taking longer than expected. The refinancing of bonds may fill any budget gaps that may result Alderperson Mohlenhoff asked what the local impact might be if there were a shutdown of the Federal government. City Controller Thayer responded that there could be an impact on Federal and State aid funding but reserve funding would help cover the shutdown period. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE: 10.1 Selection of Artists for Electrical Box Murals at Six Locations on the Commons – Resolution By Alderperson Murtagh: Seconded by Alderperson Martell WHEREAS, the City of Ithaca Public Art Commission (PAC) has been established to, among other duties, review and advise the Common Council on proposals for the exhibition and display of public art in the City’s public spaces; and WHEREAS, in 2010, the PAC created a mural and street art program to beautify blank walls within the city while providing local artists from all sections of the community an opportunity to showcase their work; and WHEREAS, the Board of Public Works approved several locations for future murals and street art, including municipal electrical boxes throughout the city, by resolution on May 19, 2010; and WHEREAS, in 2012 the PAC launched a project to beautify 21 municipal electrical boxes through the creation of mini-murals, and a second round of the project was completed in 2014; and WHEREAS, due to the success of the first two projects, the PAC initiated a third round of electrical box murals to be completed in 2016-2017, including the three new electrical boxes installed on the Commons and six locations around the downtown area; and WHEREAS, the project will be funded through a grant from the Community Arts Partnership of Tompkins County and will be budget-neutral to the City; and WHEREAS, the PAC issued a Request for Proposals earlier this year and distributed 6 proposals for public comment; and WHEREAS, the PAC reviewed public comment at its meeting on March 23, 2017 and, after considering the community feedback, voted unanimously to recommend that the Common Council select the artwork submitted by Anna Adler, Marsha Acerra, and the Ithaca Youth Bureau; Shera D’Elia; McKayla Macomber; Zuri Sabir; Copper Santiago; and Richa Sardana to be installed on six electrical boxes in the downtown area; now, therefore be it May 3, 2017 19 RESOLVED, That the City of Ithaca Common Council selects the submissions of the following artists for More Boxes: Another Round of Electrical Box Murals: Anna Adler, Marsha Acerra, and the Ithaca Youth Bureau; Shera D’Elia; McKayla Macomber; Zuri Sabir; Copper Santiago; and Richa Sardana (as recommended by the Public Art Commission and shown in “More Boxes Mural Proposals (2017)”); and, be it further RESOLVED, That the selected artists may proceed with the installation of their murals on their appointed electrical box upon the execution of an agreement with the City (as reviewed by the City Attorney). Alderperson Brock noted that she loves this program and would like to see some electrical boxes painted in the W est Hill neighborhoods. She noted that the water tank could also be an artist’s canvas. Planning and Development Director noted that the Board of Public W orks selects the mural installation locations and the Public Art Commission considers electrical box locations. A vote on the Resolution resulted as follows: Carried Unanimously Alderperson Murtagh announced that there would be a public hearing on the Waterfront Plan and zoning at next week’s Planning and Economic Development Committee meeting and encouraged all Council members to attend if they are interested. INDIVIDUAL MEMBER – FILED RESOLUTIONS: 13.1 Alderperson Kerslick - Resolution Opposing Concealed Carry Reciprocity Act of 2017 By Alderperson Kerslick: Seconded by Alderperson Brock WHEREAS, on January 3, 2017, Representative Richard Hudson (R-NC) introduced HR 38 and on February 27, 2017, Senator John Cornyn (R-TX) introduced S 446, both known as the Concealed Carry Reciprocity Act of 2017 and intended to force states to recognize concealed carry permits of gun owners issued in all other states, regardless of the issuing state’s permitting standards or lack thereof; and WHEREAS, while every state allows concealed carry under some circumst ances, each state has different requirements on who is permitted to carry, what requirements are appropriate, and what type of training should be required of permit holders; and WHEREAS, currently, New York, as well as many other states, broadly prohibits out-of- state residents from carrying concealed weapons within its borders without complying with New York state requirements; and WHEREAS, the Concealed Carry Reciprocity Act of 2017 seeks to force New York to recognize so-called "constitutional" or permitless carry, which allows gun owners to carry without receiving any permit or training; and WHEREAS, HR 38 also seeks to override the Gun-Free School Zones Act, which makes it a federal crime to carry a gun in a school zone; and WHEREAS, in issuing concealed-carry permits, the Tompkins County Sheriff’s Department adheres to New York State law, and like many other cities and states, requires applicants to demonstrate a specific need for obtaining a concealed -carry permit; and WHEREAS, these Concealed Carry Reciprocity bills would effectively override existing state laws and local practice and severely limit Tompkins Coun ty’s ability to prevent dangerous people from carrying loaded, hidden firearms in public; now, therefore be it RESOLVED, That by the adoption of this Resolution, the City of Ithaca urges U.S. Representative Thomas Reed, and U.S. Senators Charles Schumer a nd Kirsten Gillibrand to OPPOSE HR 38 and S 446, known as the Concealed Carry Reciprocity Act of 2017. May 3, 2017 20 Alderperson Kerslick thanked City Attorney Lavine for drafting this Resolution, noting that other municipalities around the country have passed similar legislation. The intent of this action is to require states to override their existing laws and practices that limit the ability to prevent dangerous people from carrying concealed firearms. Alderperson Fleming extended her thanks to City Attorney Lavine and Alderperson Kerslick for their efforts. She voiced her belief in states’ rights and thinks this is legislation is great. She suggested that the term “would seek” in the 4 th and 5th Whereas clauses be changed to “seek”. This suggestion was accepted as a friendly amendment. Alderperson McGonigal thanked Alderperson Kerslick for bringing this issue forward. A vote on the Resolution resulted as follows: Carried Unanimously MAYOR’S APPOINTMENTS: 14.1 Appointment/Reappointments to Ithaca Landmarks Preservation Commission - Resolution By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick RESOLVED, That M. Megan McDonald be appointed to the Ithaca Landmarks Preservation Commission to replace Michael McGandy with a term to expire December 31, 2019; and be it further RESOLVED, That Susan Stein be reappointed to the Ithaca Landmarks Preservation Commission with a term to expire December 31, 2018; and be it further RESOLVED, That David Kramer be reappointed to the Ithaca Landmarks Preservation Commission with a term to expire December 31, 2019; and be it further RESOLVED, That Stephen B. Gibian be reappointed to the Ithaca Landmarks Preservation Commission with a term to expire December 31, 2019; and be it further RESOLVED, That Mary Raddant Tomlan be reappointed to the Ithaca Landmarks Preservation Commission, as an alternate member, with a term to expire December 31, 2018; and be it further RESOLVED, That Nancy Brcak be reappointed to the Ithaca Landmarks Preservation Commission, as an alternate member, with a term to expire December 31, 2019; and, be it further RESOLVED, That Rob Morache be appointed to the Board of Public Works with a term to expire December 31, 2019. Carried Unanimously REPORTS OF COMMON COUNCIL LIAISONS: Board of Public Works Alderperson Fleming reported that the Board of Public Works did not have quorums for the April meetings so she encouraged everyone to send names to the Mayor for appointment. Tompkins County Council of Governments Alderperson Fleming reported that County Administrator Mareane discussed the Governor’s requirement for a Shared Services Committee. The Mayor is representing the City on this committee. Unfortunately, counties don’t get retroactive credit for the shared service initiatives that are already in place. Additional information on this effort will be forthcoming. One idea is consolidating training for staff in all Tompkins County municipalities. Human Resources Director Michell Nunn is representing the City in those discussions. May 3, 2017 21 Bicycle Pedestrian Advisory Committee Alderperson Nguyen reported that BPAC submitted comments on the University Avenue and the Martin Luther King, Jr. Street Corridor projects. They support the options that include more bike lanes and the narrowing of vehicular travel lanes. Alderperson McGonigal noted that the Lt. Governor will be in town on Friday so questions can be asked about receiving credit for existing shared service initiatives. Alderperson McGonigal also stated that he is very troubled by what happened with the young man who worked at Saigon Kitchen. He questioned whether the City knows when ICE comes to town. Alderperson Nguyen stated that a “Go Fund Me” Account has been started to raise funds for the man to pay his rent while he is in detention or to help him land on his feet if he is deported to Mexico. Alderperson Brock questioned the availability of legal representation for undocumented citizens and asked if support could be provided for that. City Attorney Lavine stated that legal representation is not guaranteed but is generally given. Mayor Myrick stated that City Attorney Lavine and Chief of Staff Cogan are reviewing the best practices of other communities in terms of actions that can be taken. He stated that they have sent a message to ICE stating that they are unhappy about them operating in our community, and at the very least they should notify local law enforcement when they are in the area. Disability Advisory Council Alderperson Brock shared the Disability Advisory Council’s concerns regarding the proposed restructuring of boards and committees. She noted that their main concern is that as a committee they advise all aspects of city government . Each member has a specific expertise and they learn and benefit from each other. They would like to continue that oversight of accessibility issues through all levels of government. Alderperson Brock further announced that the First Ward received State and Federal funding for the extension of sidewalks on Hector Street to Linderman Creek and on Aurora Street from South Hill Elementary School to Ithaca College. She thanked everyone who worked very hard to make this happen. Alderperson McGonigal thanked Alderperson Brock for working on this issue steadily for the past 9 years. Community Housing Development Fund Alderperson Nguyen stated that he and Alderperson Martell represent the City on this board. Cornell contributes $200,000; Tompkins County contributes $100,000, and the City of Ithaca contributes $100,000 to provide seed money for affordable housing projects. They recently conditionally approved funding for Endeavor House by Offender Aid and Restoration which is a 4 bedroom incarceration re -entry home on Seneca Street. He noted that these are tiny dents in the affordable housing an d re-entry efforts but they are steps forward. MINUTES FROM PREVIOUS MEETINGS: 18.1 Approval of the Minutes of the March 1, 2017, March 29, 2017, and April 5, 2017 Common Council Meetings - Resolution By Alderperson Smith: Seconded by Alderperson Brock RESOLVED, That the minutes of the March 1, 2017, March 29, 2017, and April 5, 2017 Common Council meetings be approved as corrected. Carried Unanimously ADJOURNMENT: On a motion the meeting adjourned at 8:30 p.m. ______________________________ _______________________________ Julie Conley Holcomb, CMC Svante L. Myrick City Clerk Mayor