HomeMy WebLinkAboutMN-CC-2017-09-06COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 6:00 p.m. September 6, 2017
PRESENT:
Mayor Myrick
Alderpersons (9) Brock, McGonigal, Murtagh, Nguyen, Gearhart Fleming,
Smith, Kerslick, Mohlenhoff
OTHERS PRESENT:
City Clerk – Conley Holcomb
City Attorney – Lavine
City Controller – Thayer
Fire Chief – Parsons
PLEDGE OF ALLEGIANCE:
Mayor Myrick led all present in the Pledge of Allegiance to the American Flag.
SPECIAL ORDER OF BUSINESS:
4.1 A Public Hearing Regarding the Proposed Assessment Roll, Budget, and
Schedule of Work for Each Sidewalk Improvement District for Fiscal Year
2018 (collectively “FY 2018 SID Documents”)
Resolution to Open Public Hearing:
By Alderperson Kerslick: Seconded by Alderperson Mohlenhoff
RESOLVED, That the Public Hearing Regarding the Proposed Assessment Roll,
Budget, and Schedule of Work for Each Sidewalk Improvement District for Fiscal Year
2018 (collectively “FY 2018 SID Documents”) be declared open.
Carried (8-0)
Alderperson Nguyen absent from vote
Fay Gougakis, City of Ithaca, stated that the sidewalks in the inner downtown core are
in a deplorable condition. She further addressed concerns regarding the accessibility of
sidewalks that are taken over by developers during construction projects.
Response from Council Members:
Alderperson Brock noted that it is sometimes difficult to find information on the City’s
website and suggested placing hyperlinks in agendas to the appropriate documents.
She further responded to comments made about construction projects closing down
streets, noting that better design requirements were needed.
Alderperson McGonigal noted that the Elmira television channel has been dropped by
Spectrum and urged people to contact them and ask for it to be reinstated as they were
a good source for local news.
Mayor Myrick explained that the Department of Public Works is now charging fees for
the amount of time that sidewalks and portions of the street are closed as a result of
private construction projects. This program was designed to give developers an
incentive to keep streets and sidewalks open to the greatest degree possible.
Resolution to Close Public Hearing:
By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick
RESOLVED, That the Public Hearing Regarding the Proposed Assessment Roll,
Budget, and Schedule of Work for Each Sidewalk Improvement District for Fiscal Year
2018 (collectively “FY 2018 SID Documents”) be declared closed.
Carried Unanimously
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
Mayor Myrick stated that he has received many e-mails regarding the Ithaca Police
Department recruitment banners that have been placed on TCAT buses. He explained
that the department is running a very public recruitment campaign designed to attract
candidates to take the upcoming civil service test. One of the photographs used is of an
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officer in full SWAT gear which has created a lot of discussion within the community.
He stated that SWAT Teams are controversial but necessary, noting that Ithaca’s team
is rarely activated. He has asked that the photo be removed from the recruitment
campaign, and it is currently being taken out of circulation.
Bill Brauninger, City of Ithaca, held up a sign in remembrance of Winston Perez, who
drowned while swimming in the Fall Creek Gorge on August 15, 2017.
Susan Multer, Town of Ithaca, voiced her opposition to the image of an Ithaca Police
Officer in military gear, noting that it appeals to the kind of officers that residents do not
want and that scare the community. She further discussed the efforts of the Interfaith
Climate Action Network to host a presentation by an Artic explorer on polar thawing and
how it affects us. The presentation will be held on September 27, 2017 at 7:00 pm at
the Unitarian Church.
Anderson, Village of Cayuga Heights/Cornell Public Service Center, spoke about the
gentrification of the City and rent increases that force people of color and low socio-
economic status out of the city.
Lyla Zusman, City of Ithaca, and Viola Jones, Town of Ithaca, advocated for
participatory budgeting: “the people’s budget”. They asked that $30,000 be placed into
an account so that people who live, work, or spend time in the City, including young
people and under-represented groups could decide what needs to be done in their
neighborhoods.
Stiller Zusman, City of Ithaca, spoke in favor of the “people’s budget” and the benefits of
getting young people involved in the political process.
Marshall McCormick, City of Ithaca, responded to comments made about sidewalks
being closed and encouraged them to share ideas with the Board of Public Works. He
further addressed the pending intersection repair and mural painting that will take place
as part of the Streets Alive! Southside event on September 17, 2017.
Fay Gougakis, City of Ithaca, addressed the following issues: bicycle safety, the Labor
Day picnic, the Maryland license plate on the vehicle that the Mayor was driving,
signage on the Commons, crime in the community, the Harold Square development
project and the need for a public forum on the asbestos removal portion of the project.
Alexas Esposito and Maya Soto, Town of Newfield / Cayuga Lake Water Protectors,
spoke in favor of Indigenous Peoples Day and requested that additional language be
added to the legislation calling for the revocation of the Doctrine of Discovery. They
further stated that they hoped the City would work to abolish Columbus Day.
Shari Korthuis, City of Ithaca, addressed tax abatements for developers and questioned
what amount of the property they pay taxes on. She further referenced the CGR Report
and noted that the LEAD program needs funding.
Sophie Zapala, Town of Ithaca, discussed the future leadership of the Ithaca Police
Department and her concerns with the current leadership. She referenced the
recruitment poster, noting that the reflection of sentiments needs investigation and
additional training. She commented that the Community Police Board should review
IPD recruitment materials, and encouraged the police department not to apply for more
grants that fund military style equipment.
Victoria Armstrong, City of Ithaca, spoke in support of the intersection repairs and mural
painting that are scheduled to occur at the Streets Alive! Southside event from 1:00-
5:00 pm on September 17, 2017. She commended the new sidewalk program model
and the sidewalk improvements that have been made throughout the City. She further
spoke in support of the pedestrian improvements that are included in the West
State/Martin Luther King Street bridge repairs, and noted that she is working on a grant
to work on bike share and better biking in the community.
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Mara Alper, Town of Ithaca, spoke in opposition to the police department recruitment
poster noting that both officers were smiling and neither were of color. She further
discussed the movement to restrict parking with developments and the need to improve
public transportation.
Joel Harlan, Town of Newfield, voiced his support for local development initiatives.
Nina Widger, Town of Dryden, and Ana Goldsmith, ICSD Teacher, voiced their
excitement about the intersection repair and mural design that will be undertaken during
the Porchfest event on September 24, 2017, noting that it will welcome people to the
Fall Creek neighborhood.
C. Doucet, Town of Danby, expressed her concern about the SWAT based recruitment
advertisement and the militarization of the police force. She noted that she was worried
for youth and people of color and encouraged a community connection with the police.
She further voiced her support for the “people’s budget”.
Carolina Osorio Gil, City of Ithaca, voiced her support for the “people’s budget”, and
taking down the IPD recruitment poster. She invited everyone to attend the Latin
Heritage Month activities scheduled for September 15, 2017.
Pastor Michael-Vincent Crea, City of Ithaca, stated that the videos of the recent
Common Council and committee meetings have not been posted to the City’s website.
He encouraged Council members to stay off of their devices and give their attention to
the speakers. He further discussed the denial of a FOIL request that he submitted in
reference to an incident he was involved with earlier this summer.
Amanda Kirchgessner, Town of Ulysses, addressed the following issues: the Doctrine of
Discovery; questions about SWAT raids; her support for participatory budgeting;
syringes that have been found on the ground throughout the city and a suggestion that
sharps boxes be installed in restrooms; the CGR study on law enforcement shared
services and community policing at the county level.
Clare Grady, City of Ithaca, voiced her support for the de-militarization of the Ithaca
Police Department; the removal of the recruitment poster on TCAT buses, and future
discussion regarding the acceptance of Homeland Security grants. She further voiced
her support for the “people’s budget” and Indigenous Peoples Day.
PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR:
Mayor Myrick responded to comments made about the Maryland license plates on the
car he was driving, noting that it was a rental vehicle.
Alderperson McGonigal thanked the speakers for sharing their thoughts. He responded
to comments made regarding signage on the Commons noting that they are too small
and he will continue to work on this issue. He further responded to comments made
about the IPD recruitment process and stated that they continue to work to keep the
SWAT Team community responsive, noting that they are the most requested unit to
participate in special events. He stated that the SWAT Team is a well-trained and
nationally recognized, professional unit.
Alderperson Brock thanked the speakers for sharing their comments and the Mayor for
immediately having the IPD recruitment posters removed from circulation She stated
that they are not an appropriate representation of the department or the community.
She stated that she has voted to accept the Homeland Security grants because of the
financial benefits they brought; however, she would like to see that equipment funded
by the city. She further addressed the tragic loss of Winston Perez in the Fall Creek
Gorge, noting that despite signs and educational materials produced by Cornell
University, people take risky chances. She further responded to comments made
regarding the gentrification of the community; participatory budgeting, the STAP sharps
program, and the mistreatment of Pastor Crea at a recent event.
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Alderperson Kerslick responded to comments made regarding the unfortunate choice of
the IPD recruitment poster, noting that other posters highlight the diversity of the
department. He noted that the gear worn in the photo is protective in nature and is not
a reflection of the Ithaca Police Department or the intentions of Common Council. He
further responded to comments made about participatory budgeting and Common
Council’s challenge to provide funding for many of the issues mentioned tonight. He
noted that information can sometimes be hard to find but budget meetings are always
open to the public.
Alderperson Murtagh voiced his support for participatory budgeting, noting that he
would support a small amount of money to be used for this purpose upon the
development of a strong implementation process. He further stated that the recruitment
ad on the TCAT bus was a mistake as the department has made a lot of progress in
diversification and participating community based initiatives such as implicit bias
training, the implementation of body worn cameras, and events like the southside
neighborhood barbecue and the IPD open house.
Alderperson Nguyen thanked the speakers for their comments and responded to
comments made about participatory budgeting and the removal of trash cans by the
school district at the Markles Flats property. He noted that GIAC continues to maintain
a few cans but he would like to pursue this issue further. He further responded to
comments made regarding construction related sidewalk closures.
CONSENT AGENDA ITEMS:
City Administration Committee:
8.1 Youth Bureau – Amendment to Budget - Resolution
By Alderperson Smith: Seconded by Alderperson Kerslick
WHEREAS, The Ithaca Youth Bureau is requesting permission to amend the 2017
budget to reflect a donation to the Big Brother Big Sister (BBBS) program in the amount
of $9,000; and
WHEREAS, The BBBS program provides a valuable program at the Northside
Community Center for approximately 120 City Residents since 2014; and
WHEREAS, BBBS will be able to continue this program as a result of the donation
made now; therefore be it
RESOLVED, That the Ithaca Youth Bureau 2017 budget be amended according to the
following:
Increase Expenses:
A7310-5120-01206 Part-time Seasonal $7,771.35
A7310-9010 Retirement $ 55.97
A7310-9030 FICA/Medicare $ 594.51
A7310-9040 Workers Comp. $ 578.17
$9,000.00
Increase Revenues:
A7310-2070-01206 Donations $9,000.00
Carried Unanimously
8.2 Finance/Controller – Request to Release Funds from Contingency Account
for Grant Lobbyist Services - Resolution
By Alderperson Smith: Seconded by Alderperson Kerslick
WHEREAS, as part of the authorized 2017 Budget, $20,000 was placed in Restricted
Contingency to fund the Grant Lobbyist activity of Sustainable Strategies; and
WHEREAS, funds were being expended for Grant Lobbyist services in 2017 and need
to be transferred to cover the costs; now, therefore be it
September 6, 2017
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RESOLVED, That Common Council hereby transfers an amount, not to exceed
$20,000, from Account A1990 Restricted Contingency to Account A8020-5435 Planning
Contracts for the purpose of funding Grant Lobbyist services.
Carried Unanimously
8.3 Attorney – Request to Release Funds from Contingency Account for Legal
Fees - Resolution
By Alderperson Smith: Seconded by Alderperson Kerslick
WHEREAS, as part of the authorized 2017 Budget, $30,000 was placed in Restricted
Contingency for the purpose of future legal services; and
WHEREAS, the City will be expending funds on various outside legal services during
the remainder of 2017; now, therefore be it
RESOLVED, That Common Council hereby transfers an amount, not to exceed
$30,000, from Account A1990 Restricted Contingency to Account A1420-5435 Attorney
Contracts for the purpose of funding outside legal services.
Carried Unanimously
8.4 Youth Bureau – Amendment to Personnel Roster - Resolution
By Alderperson Smith: Seconded by Alderperson Kerslick
WHEREAS, the Youth Bureau leadership team has worked hard to draft a strategic plan
that will address community needs and provide high quality services that are efficient
and valued by the community; and
WHEREAS, the Youth Bureau requests amendments to the 2017 Roster in order to
best meet its needs and to support its 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 formally adopted the New Position Duty
Statement for a Recreation Program Assistant on July 12, 2017; and
WHEREAS, the Recreation Program Assistant position will provide administrative and
direct service support to the Recreation Department to meet the needs of our
community in a cost effective way; now, therefore be it
RESOLVED, That the Personnel Roster for the Youth Bureau shall be amended as
follows:
Fund: One (1) Recreation Program Assistant (35 hours)
Unfund: One (1) Administrative Assistant (40 hours)
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
8.5 Greater Ithaca Activities Center (GIAC) – Amendment to Roster - Resolution
By Alderperson Smith: Seconded by Alderperson Kerslick
WHEREAS, GIAC has several vacant GIAC Program Assistant, Custodial Worker and
seasonal staff positions, some of which are funded and some of which are unfunded;
and
WHEREAS, the GIAC Administration wishes to rearrange the funding of these positions
to better meet the needs of the expanding youth and teen afterschool program; and
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WHEREAS, GIAC’s 2017 budget, as approved, has funding to support the
reconfiguration of these positions; and
WHEREAS, no additional funds are being requested for these positions; now, therefore
be it
RESOLVED, That the Personnel Roster of GIAC shall be amended as follows:
Reduce: one (1) GIAC Program Assistant from 37.5 hours/week to 35
hours/week
Fund: one (1) GIAC Program Assistant (35 hours/week)
two (2) GIAC Program Assistants (25 hours/week)
Unfund: one (1) GIAC Program Assistant (20 hours/week)
one (1) Custodial Worker (17.5 hours/week)
and, be it further
RESOLVED, That said roster amendments will be made within the existing funds of the
2017 authorized GIAC budget.
Carried Unanimously
8.6 Planning, Building, Zoning, and Economic Development - Request to
Amend Personnel Roster – Office Assistant - Resolution
By Alderperson Smith: Seconded by Alderperson Kerslick
WHEREAS, the City of Ithaca Building Division has had a temporary office worker for
over two years; and
WHEREAS, it has become increasingly apparent that there is a need for two people to
be in the front office to adequately manage the day to day operations of the Division;
and
WHEREAS, during permit hours, one person is needed to assist applicants with permits
while another is needed to answer phones and deal with non-permit related issues; and
WHEREAS, in the past, there were two and a half administrative positions in the
Division; and
WHEREAS, the number and complexity of construction projects in the City has seen a
significant increase in the past five years resulting in substantially more work in the
Division; now, therefore be it
RESOLVED, That the Personnel Roster of the Department of Planning, Building,
Zoning, and Economic Development be amended as follows:
Add: One (1) Office Assistant at 40 hours
and; be it further
RESOLVED, That funding for this roster change shall be derived from within the
Department of Planning, Building and Economic Development’s existing budget.
Carried Unanimously
8.7 Department of Planning, Building, Zoning, and Economic Development -
Request to Amend Personnel Roster – Housing Inspector - Resolution
By Alderperson Smith: Seconded by Alderperson Kerslick
WHEREAS, recent legislation passed by the Common Council to address the lack of
safe and affordable housing within the City was done, in part, to empower tenants to
know whether rental units have a current Certificate of Compliance; and
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WHEREAS, in anticipation of this legislation and a desire to be ready for new tenants,
there has been an uptick in the demand for inspections of rental units; and
WHEREAS, as a result, the Building Division is falling behind on housing inspections
and is now scheduling into December, causing some delays in the ability of property
owners to rent their apartments and putting stress on our inspectors; and
WHEREAS, currently, the Building Division has one Housing Code Supervisor
responsible for conducting inspections on the east side of the city as well as overseeing
the work of two housing inspectors; one responsible for the mandated annual
inspections of all fraternities and sororities in the city and one responsible for all rental
properties on the west side of the city that require inspections every 3 to 5 years; and
WHEREAS, as a result of the merging of the Planning and Building Department and its
reorganization, the Housing and Land Use Supervisor was promoted to Zoning and
Land Use Administrator and a Senior Housing Inspector was promoted to Housing
Code Supervisor, leaving only two housing inspectors where there had previously been
three; and
WHEREAS, two of the three housing inspectors are likely to retire in the next 16
months; and
WHEREAS, this is proving to be an almost impossible task and it has become an
absolute necessity to hire another inspector that can help the department catch up and
stay current with inspections; now, therefore be it
RESOLVED, That the Personnel Roster of the Department of Planning, Building,
Zoning, and Economic Development be amended as follows:
Add: One (1) Housing Inspector at 40 hours;
and, be it further
RESOLVED, That funding for this roster change shall be derived from within the
Department of Planning, Building and Development’s existing budget.
Carried Unanimously
8.8 Department of Public Works (DPW) - Amendment to Personnel Roster –
Commons Maintenance Supervisor - Resolution
By Alderperson Smith: Seconded by Alderperson Kerslick
WHEREAS, reconstruction of the Ithaca Commons is a significant investment in our
downtown, requiring a higher level of maintenance and oversight to protect and
enhance its value; and
WHEREAS, the increased maintenance requirements for the Commons necessitates a
reorganization of DPW staff and supervisory responsibilities; now, therefore be it
RESOLVED, That the Personnel Roster of the Department of Public Works be
amended as follows:
Add: One (1) Ithaca Commons Maintenance Supervisor
and, be it further
RESOLVED, That the Working Supervisor – Parking, Building and Grounds position
that is currently authorized on the Department of Public Works Personnel Roster be
retained on the Department of Public Works Personnel Roster in a vacant, unfunded
capacity until the employee who is being promoted into the Ithaca Commons
Maintenance Supervisor position has successfully completed the civil service
examination process for the Ithaca Commons Maintenance Supervisor position; and, be
it further
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RESOLVED, That the position of Ithaca Commons Maintenance Supervisor shall be
assigned to the City Executive Association bargaining unit at salary grade 6; and, be it
further
RESOLVED, That for the sole purpose of determining days worked reportable to the
New York State and Local Employees’ Retirement System, the standard workday for
this position shall be established at eight (8) hours per day (forty (40) hours per week);
and, be it further
RESOLVED, That the funding for this change shall be derived from existing funds within
the Department of Public Works budget.
Carried Unanimously
8.9 Department of Public Works (DPW) - Reallocation of Position – Supervisor
of Water and Sewer Operations - Resolution
By Alderperson Smith: Seconded by Alderperson Kerslick
WHEREAS, the Supervisor of Water and Sewer Operations position recently became
vacant through retirement; and
WHEREAS, the DPW administration took this opportunity to review and update the
position’s responsibilities and qualifications to reflect the current needs of the Water and
Sewer Division of the Department of Public Works; and
WHEREAS, the Human Resources Department has evaluated the updated position and
determined that its increased point factor rating results in the reallocation of the position
to a higher salary grade; now, therefore be it
RESOLVED, That the position of Supervisor of Water and Sewer Operations be
reallocated from Grade 7 to Grade 8 of the City Executive Association Compensation
Plan; and, be it further
RESOLVED, That funding for this reallocation shall be derived from within the existing
Water and Sewer Division budget.
Carried Unanimously
CITY ADMINISTRATION COMMITTEE:
9.1 An Ordinance to Recognize the Second Monday of October as “Indigenous
Peoples’ Day” and to Amend the City Code to Reflect That Change
By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick
WHEREAS, the City of Ithaca (the “City”) recognizes that the Indigenous Peoples of the
lands now known as the Americas had owned these lands since time immemorial; and
WHEREAS, the City recognizes that Ithaca is built upon the homelands, villages, and
burial grounds of the Indigenous Peoples of the Cayuga Nation and the
Haudenosaunee Confederacy; and
WHEREAS, the City values the many contributions made to this community through
Indigenous Peoples’ knowledge, labor, technology, science, philosophy, arts, and the
deep cultural contribution that has helped shape the character of the community; and
WHEREAS, the City promotes equality for all Indigenous Peoples and honors our
nation’s indigenous heritage, history, and contributions; and
WHEREAS, the City is committed, through its diversity statement and anti-
discrimination policies, to promote an environment where all may achieve their full
potential; and
WHEREAS, Indigenous Peoples’ Day was proposed in 1977 at the United Nations-
sponsored International Conference on Discrimination Against Indigenous Populations
in the Americas to promote Native American culture and commemorate the history of
Native American peoples; now, therefore
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ORDINANCE 2017- ___
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as
follows:
Section 1. Findings of Fact.
The Common Council finds that:
1. The City currently recognizes the second Monday of October as “Columbus
Day.”
2. It is desirous for the City to now recognize the second Monday of October as
“Indigenous Peoples’ Day” for the reasons described above.
Section 2. Recognition of “Indigenous Peoples Day” and Amendment of § 346-
1(B), “Holidays.”
On the second Monday in October, the City shall recognize “Indigenous Peoples’ Day”
and shall encourage the celebration of this day in a manner that promotes respect,
understanding, and friendship; combats prejudice and bias; works to eliminate
discrimination stemming from colonization; and acknowledges our history.
As such, the definition of “Holidays,” set forth in subsection 346-1(B) the City of Ithaca
Municipal Code, is hereby amended as follows: New Year's Day, Lincoln's Birthday,
Washington's Birthday, Memorial Day, Independence Day, Labor Day, [Columbus Day]
Indigenous Peoples’ Day (second Monday in October), Veterans Day, Thanksgiving
Day and Christmas Day.
Section 3. Severability Clause.
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 portions of this ordinance.
Section 4. Effective Date.
This ordinance shall take effect immediately and in accordance with law upon
publication of notices as provided in the Ithaca City Charter.
Amending Resolution:
By Alderperson Nguyen: Seconded by Alderperson Brock
RESOLVED, That the first Whereas clause be amended to read as follows:
“WHEREAS, the City of Ithaca (the “City”) recognizes that the Indigenous Peoples of
the lands now known as the Americas owned these lands since time immemorial; and”
and, be it further
RESOLVED, That the first paragraph in Section 2 be amended to read as follows:
“On the second Monday in October, the City shall recognize “Indigenous
Peoples’ Day” and shall encourage the celebration of this day in a manner that
promotes respect, understanding, and friendship; combats prejudice and bias;
works to eliminate discrimination stemming from colonization; calls for the
revocation of the Doctrine of Discovery; and acknowledges our history.”
Discussion followed on the floor regarding the proposed calling the for the revocation of
the Doctrine of Discovery and the fact that the content of this Ordinance is larger than
our local area and is more of a national sentiment.
Alderperson Brock thanked Alderperson Nguyen, City Attorney Lavine, and Human
Resources Director Michell-Nunn for their work on this legislation.
A vote on the Amending Resolution resulted as follows:
Ayes (8) Brock, McGonigal, Murtagh, Nguyen, Gearhart, Fleming,
Smith, Mohlenhoff
Nays (1) Kerslick
Carried
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Main Motion as Amended:
A vote on the Main Motion as Amended resulted as follows:
Carried Unanimously
9.2 A Resolution Authorizing Implementation and Funding in the First Instance
100% of the Federal Aid-Eligible Costs and State “Marchiselli” Program-Aid
Eligible Costs, of a Transportation Federal-Aid Project, and the Appropriation of
Funds Therefore
By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick
WHEREAS, a Project for the West Martin Luther King Jr./State Street Corridor
Enhancements , P.I.N. 395050 (the “Project”) is eligible for funding under Title 23 U.S.
Code, as amended, that calls for the apportionment of the costs of such program to be
borne at the ratio of 80% Federal funds and 20% non-federal funds; and
WHEREAS, the City of Ithaca desires to advance the Project by making a commitment
of 100% of the non-federal share of the costs of Preliminary Engineering/Design,
Construction and Construction Inspection; and
WHERAS, on August 7, 2013, Common Council authorized Capital Project #790 in the
amount of $750,000 for the project, with the understanding that the City share would be
$150,000; and
WHEREAS, in December 2014, the Mayor signed a Master Agreement with New York
State Department of Transportation (NYSDOT) for preliminary engineering/design in the
amount of $130,000; and
WHEREAS, the Board of Public Works, acting as the lead agency, declared on May 8,
2017, that the project would not have a significant negative environmental impact in
accordance with the City Environmental Quality Review Ordinance and the New York
State Environmental Quality Review Act; and
WHEREAS, NYSDOT has provided a Supplemental Agreement for Construction and
Construction Inspection that includes funding for both the original amount of $620,000
(which was authorized by Common Council on August 7, 2013) and an additional
$275,000 (which has not yet been authorized); now, therefore the Common Council,
duly convened, does hereby
RESOLVED, That the Common Council hereby approves the above-subject project;
and, be it further
RESOLVED, That the Common Council hereby authorizes the City of Ithaca to pay in
the first instance 100% of the federal and non-federal share of the cost of Preliminary
Engineering/Design, Construction and Construction Inspection work for the Project or
portions thereof; and, be it further
RESOLVED, That the sum of $275,000 is hereby appropriated from the issuance of
serial bonds and made available to cover the cost of participation in the above phase of
the Project; and, be it further
RESOLVED, That Common Council hereby amends Capital Project #790, West Martin
Luther King Jr./State Street Corridor Enhancements, to include the Project costs of
$275,000, for a total capital project authorization of $1,025,000; and, it is further
RESOLVED, That in the event the full federal and non-federal share costs of the project
exceeds the amount appropriated above, the Common Council of the City of Ithaca
shall convene as soon as possible to appropriate said excess amount immediately upon
the notification by the NYSDOT thereof; and, it is further
RESOLVED, That the Mayor of the City of Ithaca be and is hereby authorized to
execute all necessary agreements, certifications or reimbursement requests for Federal
Aid on behalf of the City of Ithaca with the New York State Department of
Transportation in connection with the advancement or approval of the Project and
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providing for the administration of the Project and the municipality’s first instance
funding of Project costs and permanent funding of the local share of federal-aid and
state-aid eligible Project costs and all Project costs within appropriations therefore that
are not so eligible; and, it is further
RESOLVED, That this project be undertaken with the understanding that the final cost
of the Project to the City of Ithaca will be roughly 20% of said portion, currently
estimated at $205,000 of the $1,025,000 authorized for this portion of the project, in
monies and in-kind services as managed by the Superintendent of Public Works and
monitored by the City Controller; 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.
Alderperson McGonigal stated that he supports this project in general as the safety of
pedestrians and bicyclists needs to be improved and this project does that. He
explained the details of the project noting that it will have a marked effect on traffic flow
where delays already exist. He voiced concern regarding the provision of a second
traffic light, mid-block on the other side of the bridge that would be activated by
pedestrians, and requested that the Board of Public Works reconsider this part of the
project. He further requested that the project come back to Council prior to final
approval, noting that Superintendent of Public Works Thorne and Director of
Engineering Logue have voiced their support this request.
Amending Resolution:
By Alderperson McGonigal: Seconded by Alderperson Kerslick
RESOLVED, That the following Resolved clause be added to the Resolution:
“RESOLVED, That after reconsideration by the Board of Public Works and
recommendation to the Common Council thereafter, construction of the traffic light at
the mid-block crossing shall not proceed absent approval of Common Council; and, be it
further”
Discussion followed on the floor regarding the mid-block crossing traffic signal, the
raised curbing that will also be installed near the crossing to increase pedestrian safety,
and the fact that this issue would come back to Council after further review by the Board
of Public Works.
Alderperson Brock noted that there are safety concerns related to putting a light at the
base of a hill due to winter conditions and that the second light could be an add/drop
feature when the bids are reviewed. She further noted that this project is related to the
design of the Brindley Street Bridge project and that this pause may be beneficial to
both projects.
A vote on the Amending Resolution resulted as follows:
Carried Unanimously
Main Motion as Amended:
A vote on the Main Motion as Amended resulted as follows:
Carried Unanimously
9.3 An Ordinance to Amend Chapter 181 of the City of Ithaca Municipal Code
entitled “Fire Prevention”, related to Food Trucks and Other Mobile or Temporary
Cooking Operations
By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick
WHEREAS, the Ithaca Fire Department is interested in addressing certain fire and
safety issues raised by the increasing number of Mobile Food Vending operations within
the City; and
September 6, 2017
12
WHEREAS, Mobile Food Vending operations are not regulated by any existing state or
local laws; and
WHEREAS, there have been reported injuries to operators and the public as the result
of fires, explosions and accidental carbon monoxide poisonings, involving Mobile Food
Vending operations at various locations in the United States; and
WHEREAS, other municipalities have taken steps to address the fire safety concerns
posed by Food Trucks and the equipment that is often used by such vendors; and
WHEREAS, Common Council previously instructed the Fire Chief, in consultation with
the City Attorney and other City Departments and relevant authorities, to study and
develop fire safety rules for Mobile Food Vending, to examine regulatory measures
enacted by other municipalities, obtain feedback from Mobile Food Vendors, and
consult with other fire and safety authorities to structure a City-wide system for
regulating Mobile Food Vending with regards to fire safety; and
WHEREAS, in the process of developing such fire safety rules for Mobile Food Vending,
the Fire Department has identified other sections of Chapter 181 of the City of Ithaca
Municipal Code entitled “Fire Prevention” requiring updates and clarification; now,
therefore
ORDINANCE NO. 2017-
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as
follows:
Section 1. Findings of Fact. The Common Council finds that:
1. Due to an increasing number of Mobile Food Vending operations within the City,
the Ithaca Fire Department has raised legitimate public safety concerns related to
the risk of fires, explosions and accidental carbon monoxide poisonings.
2. Mobile Food Vending operations are not currently regulated by any state or local
statute.
3. The regulations enacted by this ordinance would implement standards
recommended by the National Fire Protection Association for Mobile Food
Vending operations in order to allow the City to best protect the public and
vendors from the risks associated with Mobile Food Vending.
4. In addition to the Mobile Food Vending fire safety regulations, certain provisions
of Chapter 181 “Fire Prevention” are in need of updates and clarification to reflect
current practice and fire code standards. These amendments have been included
with this ordinance.
Section 2. Chapter 181 of the City of Ithaca Municipal Code entitled “Fire Prevention”
is hereby amended to add a new subparagraph to Section 181-9(E)(13). Such
subparagraph shall read as follows:
(13) Food Trucks and other Mobile or Temporary Cooking Operations.
(a) A Mobile or Temporary Cooking Operation, as used in this Chapter, is
defined as any cooking facility, apparatus or equipment, being operated
on a one-time or interim basis, or for less than 90 days in the same
location, other than at a fixed location, building or structure which has
been inspected and permitted under another section of this code,
regulation or statute, inclusive of self-propelled trucks and vehicles,
trailered units, push carts, equipment located under cover of awnings,
canopies or pop-up tents, or other structures for which a building permit
has not been issued.
(b) A Food Truck, as used in this Chapter, is defined as any motor vehicle,
trailer or enclosed cart, which a person or persons may enter and work
inside, and from which food is prepared, cooked and served.
September 6, 2017
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(c) Any Food Truck used for the preparation and serving of food within the
City of Ithaca must obtain and display an operating permit as described in
this Chapter.
(d) The required operating permit shall be obtained from the Chief of the Fire
Department or the Chief’s designee. This Food Truck operating permit is
separate from, and shall be obtained in addition to, any other permit that
may be required or issued by New York State, Tompkins County, or the
City of Ithaca.
(e) Regulations governing the operation and use of Mobile or Temporary
Cooking Operations, and specifically Food Trucks shall be as specified in
§81-10 of this Article, the Uniform Fire Code of New York State, and the
International Fire Code.
(f) Validity of operating permit. An operating permit for a Food Truck shall
expire on December 31st of the year of issuance, provided that the Food
Truck is operated, maintained, tested, and inspected in accordance with
the requirements of this Article.
(g) The operating permit issued by the Ithaca Fire Department shall be posted
in public view from the exterior of the Food Truck for which the operating
permit was issued.
Section 3. Chapter 181 of the City of Ithaca Municipal Code entitled “Fire Prevention”
is hereby amended to add a new Section 181-10 entitled “Mobile or Temporary Cooking
Operations”. Such section shall read as follows:
§181-10 Mobile and Temporary Cooking Operation Fire Safety
A. The following provisions shall apply to any Mobile or Temporary Cooking Operation,
generally:
1. Tents, booths, tables, Food Trucks and equipment associated with a Mobile
or Temporary Cooking Operation shall be placed so as not to obstruct fire
lanes, fire hydrants, fire department connections or required egress paths.
2. All tents and membrane structures and their appurtenances; sidewalls, drops
and tarpaulins, floor coverings, bunting and combustible decorative materials
shall meet the flame propagation performance requirements of National Fire
Protection Association (NFPA) standard NFPA 701 or equivalent.
3. Cooking appliances shall be isolated from the public by at least 5 feet or a
suitable barrier placed between the cooking appliance and the public.
4. Open flame or other devices emitting flame, fire, heat or any flammable or
combustible liquids, gas, charcoal or other cooking device shall not be
permitted inside or located within 20 feet of a tent or membrane structure
unless otherwise approved by the Fire Department.
5. Fryers or other appliances having combustible liquids heated by LPG,
electricity or solid fuels shall not be permitted under tents or other membrane
structures.
6. Portable Fire Extinguisher Requirements:
a. Each Mobile or Temporary Cooking Operation shall have at least one
2A:20BC rated fire extinguisher on site.
b. Fire Extinguishers shall be located so as to be conspicuous and easily
accessible for use.
c. Fire Extinguishers shall be fully charged and bear a current inspection
tag or a receipt of purchase within the last 12 months.
d. A class K Fire Extinguisher shall be required for any Mobile or
Temporary Cooking Operation using a deep fat fryer.
7. Electric Generator Requirements.
a. Portable generators shall be U.L. listed.
b. Portable generators shall be marked to show that the neutral is bonded
to the frame.
c. Generators shall be separated from tents and other membrane
structures by a minimum of 20 feet, unless otherwise approved by the
Ithaca Fire Department, and protected from contact by the public by
fencing, enclosure or other approved means. Fuel supplies shall be
properly stored, in approved containers and away from sources of
ignition.
September 6, 2017
14
d. Refueling shall be conducted only when generator is shut down and
engine surface has cooled below the auto ignition temperature of the
fuel.
e. Generator exhausts shall be directed away from mobile cooking
operations, air intakes, exits and openings, and in such a manner that
the public is not adversely affected by the exhaust.
f. Vehicle mounted generators or on-board generators must be grounded
as specified in the National Electrical Code provisions pertaining to
Portable and Vehicle-Mounted Generators.
8. Electrical System Requirements.
a. The electrical distribution and wiring systems shall be in good
condition.
b. All electrical cords shall be listed for outdoor use and maintained in
good condition without splices, deterioration or damage.
c. All connections shall be protected from rain or water.
d. Extension cords shall be plugged directly into an approved receptacle,
power tap or multi plug adapter and except for approved multi plug
extension cords, shall serve only one portable appliance.
e. The ampacity of the extension cord shall be not less than the rated
capacity of the portable appliance supplied by the cord.
B. Food Truck Operating Permit – Food Truck vendors shall be required to obtain,
maintain, and display an operating permit. To obtain and maintain an operating
permit, Food Trucks shall comply with the following requirements:
1. Demonstrated compliance with the provisions of subparagraph (A) above,
applicable to all Mobile or Temporary Cooking Operations.
2. Safety training requirement. All Food Truck vendors shall be required to
attend a safety class offered free of charge by the Ithaca Fire Department
(“IFD”). Certification will be good for 3 years. At least one person certified by
the IFD as having been trained shall be with the Food Truck at all times that it
is in operation as a food vending site. Identification will be provided to identify
certified workers. Equivalent certification from another fire department or
municipality will also be acceptable. Training shall include: Proper use of
portable fire extinguishers and extinguishing systems; Proper method of
shutting off fuel sources; Proper procedure for notifying the local fire
department; Proper refueling; How to preform leak detection; and Fuel
properties.
3. Inspection requirement: All Food Truck vendors shall be required to pass an
annual fire inspection conducted by the Ithaca Fire Department and obtain an
IFD Food Truck Operating Permit, which shall be available for inspection at all
times. Vendors may be subject to additional spot check inspections at
festivals and other times they are open for business.
4. The following shall be required for all Operating Permit applications submitted
on or after January 1, 2018:
a. Fuel Gas, Liquid Propane Gas (LP-Gas), and Equipment Installation
shall meet the requirements NFPA 58 and Annex B of NFPA 96, this
Chapter, as well as any other applicable standards as determined by
the Ithaca Fire Department.
i. LP-Gas cylinders shall be secured in the upright position and
shall not be transported or stored inside the vehicle.
ii. The LP-Gas supply system, including the cylinders, shall be
installed either on the outside of the vehicle or in a recess or
cabinet that is vapor tight to the inside of the vehicle, but
accessible from and vented to the outside, with the vents
located near the top and bottom of the enclosure and 3 feet
horizontally away from any opening into the vehicle that is below
the level of the vents.
iii. LP-Gas cylinders shall be mounted securely on the vehicle or
within the enclosing recess or cabinet.
September 6, 2017
15
iv. If installed on the rear of the Food Truck, LP-Gas cylinders shall
be installed above the height of the rear bumper, such that the
bottom of the tank(s) is at least 46” above the ground, and all
parts of the tank are forward of the edge of the rear bumper.
v. LP-Gas cylinders shall not be installed on the roof of the vehicle.
vi. A flexible connector shall be installed between the regulator
outlet and the fixed piping system to protect against expansion,
contraction, jarring and vibration strains.
vii. Flexibility shall be provided in the piping between a cylinder and
the gas piping system or regulator.
viii. Piping used for LP-Gas shall be listed for use with LP-Gas.
ix. LP-Gas shall not be used to operate equipment unless such
equipment is listed for use with LP-Gas.
x. There shall be a quarter turn manual gas ball valve installed
within the LP-Gas piping for emergency shut off use. Such valve
shall be installed on the exterior of the vehicle and readily
accessible.
xi. Gas powered appliances shall be equipped with shut off valves.
xii. LP-Gas systems shall be inspected for leaks prior to each use.
xiii. A permanent caution plate shall be provided, affixed either to
cooking appliances or the vehicle, outside of any enclosure and
adjacent to the container(s), and shall contain the following
items:
“Caution! Be sure all appliance valves are closed before opening container valve.
Connections at the appliances, regulators, and containers shall be checked periodically
for leaks with soapy water or its equivalent. Never use a match or flame to check for
leaks. Container valves shall be closed when the equipment is not in use.”
b. Flammable Gas Detector. All enclosed Food Trucks using propane or
other flammable gas must be equipped with a flammable gas detector
listed for detecting propane or other flammable gases, and must be
tested per manufacturer’s instructions. Documentation of testing shall
be provided to IFD upon request/inspection.
c. Carbon Monoxide Alarm. All enclosed Food Trucks which have a non-
electric heat source and where open flames are used, must be
equipped with a carbon monoxide alarm listed for detecting carbon
monoxide. Carbon monoxide alarms must be tested per
manufacturer’s instructions. Documentation of testing shall be provided
to IFD upon request/inspection.
d. Portable Fire Extinguishers. Portable fire extinguishers shall be
located in conspicuous locations where they will be readily accessible
and immediately available for use. Portable fire extinguishers shall
bear a current inspection tag validated within the past 12 months or a
receipt of purchase within the past 12 months shall be available for
inspection. Portable fire extinguishers shall be provided per NFPA 96
for cooking operations and/or any other applicable standard. A “K”
type extinguisher shall be provided when vegetable oils and animal oils
and fats are used. A minimum of one 2A:10BC portable fire
extinguisher shall be provided when a generator or other fuel fired
appliance is used.
e. Egress Requirements.
i. Egress paths and doors within the Food Truck must be
unobstructed and available for instant use.
ii. Appliances must be arranged such that a fire at any appliance
will not block egress from the vehicle
f. General Fire Safety.
i. Food Trucks shall be parked at least 10 feet from buildings,
vehicles or combustibles unless otherwise approved by the Fire
Chief or designee.
ii. Wheel chocks shall be provided to prevent Food Trucks from
moving.
September 6, 2017
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iii. Food Trucks shall be parked so as not to block fire hydrants, fire
lanes, fire department connections, and exits.
iv. The inside of any Food Truck must be clean and free of
accumulated grease on interior surfaces.
5. Ventilation System Requirements. The following Ventilation System
requirements shall go into effect for all Operating Permit applications
submitted on or after January 1, 2019, unless these minimum standards are
superseded by state or other applicable regulations prior to that date:
a. Food Trucks which produce smoke or grease laden vapors will be
required to have a ventilation hood installed per the applicable
requirements of the Mechanical Code of New York State.
b. Food Trucks which produce steam vapors will be required to have a
ventilation hood installed per the applicable requirements of the
Mechanical Code of New York State.
c. Hood/ventilation system must be kept clean and free of grease.
6. Hood/Suppression System Requirements. The following Hood/Suppression
System requirements shall go in to effect for all Operating Permit applications
submitted on or after January 1, 2020, unless these minimum standards are
superseded by state or other applicable regulations prior to that date:
a. Food Trucks with ventilation hoods installed per the requirements of
Subsection J(1) shall have a hood fire suppression system installed
per the applicable requirements of the Fire Code of New York State
pertaining to alternative fire suppression systems.
b. Hood fire suppression system must maintained per the requirements of
the International Fire Code.
c. Upon activation of any fire extinguishing system for a cooking
operation, all sources of fuel and electrical power that produce heat to
all equipment requiring protection by that system shall automatically
shut off.
d. Shut off devices shall require manual reset.
C. Failure to comply with any of the provisions of this subsection, including inspection
requirements, may result in denial of the application for or termination of the
operating permit.
Section 4. Section 181-17(B) entitled “Key Boxes” is hereby amended as follows:
181-17
B. Key boxes shall be required for all new and existing buildings, other than one- or
two-family dwellings, that have fire alarm systems. [and/or fire detection systems that
are or will be interconnected with the Fire Department. Alarm system interconnects
include but are not limited to municipal fire alarm, radio, telephone leased line,
telephone dialer or central station systems].
Section 5. 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 portions of this Ordinance.
Section 6. Effective Date. This ordinance shall take effect on the later of (i) September
6, 2017 and (ii) publication of notice as provided in the Ithaca City Charter.
Fire Chief Parsons expressed his thanks to Assistant Chief Gillian Haines-Sharp, noting
that she completed an incredible amount of work to develop a comprehensive and fair
program that included the input of existing vendors and other communities who have
developed similar programs.
He explained that the safety features would be implemented over a three year period:
Gas safety requirements – year 1
Adequate ventilation – year 2
Fire suppression – year 3
September 6, 2017
17
A vote on the Ordinance resulted as follows:
Carried Unanimously
9.4 City Controller’s Report
City Controller Thayer reported on the following:
- The 2018 budget is in full development. He and the Mayor have met with ½ of
the departments and they are still waiting for additional data to come in.
- The 2018 retirement costs are projected to be reduced to 0% up to 2.7% (which
equals a $200,000 reduction in contribution levels)
- 2017 activity:
- Sales tax continues to be strong and is 4% ahead of 2016 figures
- Overtime - $731,000 has been spent to date
- Building permit revenue is slow; 50% of the projected budget has been collected
to date
- Parking revenue is meeting 2017 budget projections
- The CPI is 2.1%
- Fine revenue is meeting budget projections: $632,000 has been collected to date
Alderperson Brock questioned the overtime budget. City Controller Thayer explained
that the 2017 overtime budget is just under $1 million. Most of the overtime is produced
by the police department as a result of open and funded positions. The unused salaries
for these positions will offset some of these costs. The Department of Public Works has
a much smaller use of overtime and it is usually related to unpredictable weather.
Further discussion followed regarding the increase in fuel prices with City Controller
Thayer stating that the City is fine with short term increases as there are strong state
contract prices in place.
PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE:
10.1 Ithaca Urban Renewal Agency - 2017 Action Plan - Program Amendment #1,
Reallocate HOME Funds Declined by Lakeview Health Services, Inc. - Resolution
By Alderperson Murtagh: Seconded by Alderperson Smith
WHEREAS, the City adopted 2017 Action Plan allocated $50,000 in HOME funds to
assist the Lakeview Ithaca project, a 50-unit affordable rental housing building
sponsored by Lakeview Health Services, Inc., (Lakeview); and
WHEREAS, on June 22, 2017, Lakeview Health Services, Inc. (Lakeview) declined the
HOME funding award for the project due to regulatory requirements triggered by receipt
of HOME federal funds, which are projected to create both a financial and administrative
burden far in excess of the $50,000 funding award; and
WHEREAS, on June 26, 2017, the City received formal notice that its FY17 HOME
award declined by 16% from the prior year’s award, thereby requiring a pro-rata funding
reduction in all HOME-assisted projects; and
WHEREAS, the Lakeview award declined to $43,708.16 from $50,000; and
WHEREAS, the Ithaca Urban Renewal Agency (IURA) is designated by the City of
Ithaca as the Lead Agency to develop, administer and implement the HUD Entitlement
grant program, including funds received through the Home Investment Partnerships
(HOME) program; and
WHEREAS, the City’s HUD Citizen Participation Plan requires a public hearing and
Common Council approval for a substantial amendment to the Action Plan, such as
reallocation of more than $25,000; and
WHEREAS, at their July 27, 2017 meeting, the Ithaca Urban Renewal Agency (IURA)
recommended reallocating funds awarded to Lakeview to restore funding cuts to other
HOME-assisted projects; now, therefore be it
September 6, 2017
18
RESOLVED, That the Common Council for the City of Ithaca hereby adopts the IURA-
recommended program amendment #1 to the FY17 HUD Action Plan to reallocate
HOME funding as follows:
Project Name Sponsor Funding Change Final Funding
Lakeview Ithaca Lakeview Health
Services
Decrease:
$43,708.16
$0.00
402 S. Cayuga
Street
Habitat of Tompkins
&Cortland Counties
Increase:
$10,066.95
$80,000.00
Housing
Scholarship
Program
The Learning Web Increase:
$8,253.89
$65,592.00
Security Deposit
Assistance 2017-18
Catholic Charities of
Tompkins/Tioga
Increase:
$5,379.52
$42,750.00
Unallocated HOME
Funds
Increase:
$20,007.80
$20,007.80
Carried Unanimously
INDIVIDUAL MEMBER – FILED RESOLUTIONS:
13.1 Alderperson Fleming – Common Council Statement in Response to Events
on August 12, 2017, in Charlottesville, Virginia
By Alderperson Fleming: Seconded by Alderperson Smith
WHEREAS Members of the Common Council of the City of Ithaca want to go on record
opposing hate speech and violence; now, therefore be it
RESOLVED, That we adopt the following statement and pledge:
Those of us striving to build a community based on equality and justice were appalled
and deeply troubled by the “Unite the Right” rallies that took place in Charlottesville,
Virginia recently. Images of armed, torch-carrying protestors marching through the
grounds of the University of Virginia chanting hate-filled slogans are disturbing and
haunting, and doubly so because those Grounds are public space dedicated to the
pursuit of truth and respect for reason. We abhor and condemn the motives and
sentiments of groups espousing white supremacy, Nazism, and anti-Semitism. The
murder of one person by a domestic terrorist was criminal and inexcusable. The related
accidental deaths of two troopers were tragic.
We admire the City Council of Charlottesville for its decision to remove the statue of
Robert E. Lee from a city park and to allocate four million dollars to correct racial
disparities. They have shown courage in making these decision and we support them
wholeheartedly as they work to repair the morale and fabric of their city.
In light of these events, as elected representatives of the City of Ithaca we pledge the
following:
o The Mayor, City Attorney, and IPD will review the City's policies regarding
permits for public assembly. The goal of this review is to maintain or
develop policies that promote safety and reduce the potential for conflict
while respecting free speech and the right to peaceably assemble. Key
issues to examine will be how to separate protestors and counter-
protestors, what constitutes justification for denying a permit, and whether
or to what extent weapons and potentially dangerous implements will be
permitted at public assemblies. Following the review the Mayor, IPD Chief,
or the City Attorney will report to Council and may make recommendations
to Council for amending current policies regarding permits for public
assembly.
o In the interest of public safety we will continue to advocate for strong gun
control laws in New York State.
September 6, 2017
19
o We will collaborate with our counterparts across local governments to
implement programs and policies to address racial disparities in
education, housing, public health, and safety.
o We will support Tompkins County officials and local historic organizations
in efforts to educate the public through programs and signage about the
history of slavery, oppression, and racism in Tompkins County.
o We will ask the Public Art Commission to review all public art in the City
and to make recommendations for altering or destroying public art that
could be reasonably interpreted as advocating or promoting racism or
intolerance.
Above all, we remain committed to our values and will continue to seek “to make Ithaca
a model community; a great place to create, dream, live, learn, work, and play” for all
persons.
The Mayor, senior staff, all city employees, and City volunteers will work to ensure that
the culture in Ithaca is one in which hate speech will not be welcomed or respected and
people have the will and means to live together peaceably.
Mayor Myrick thanked Alderperson Fleming for a remarkably well written Resolution.
Discussion followed on the floor regarding sanctuary cities, immigration, DACA, and gun
control laws.
Amending Resolution:
By Alderperson McGonigal: Seconded by Alderperson Kerslick
RESOLVED, That word “destroying” be changed to “removing” in the last bullet point
about public art.
Ayes (7) Brock, McGonigal, Murtagh, Gearhart, Fleming, Kerlick,
Mohlenhoff
Nays (2) Smith, Nguyen
Carried
Alderperson Brock suggested that the words “and potentially dangerous implements” be
added to the first bullet point regarding key issues to examine relating to weapons. This
was considered a Friendly Amendment.
Main Motion as Amended
A vote on the Main Motion as Amended resulted as follows:
Carried Unanimously
13.2 Alderperson Murtagh -Resolution to Select Artwork for a Painted
Intersection at Utica and Jay Streets
By Alderperson Murtagh: Seconded by Alderperson Brock
WHEREAS, in 2010, the City of Ithaca Public Art Commission (PAC) created a mural
and street art program to beautify blank walls within the city, while providing local artists
from all sections of the community an opportunity to showcase their work; and
WHEREAS, the Board of Public Works adopted a policy to modify City intersections
through mural installations on the street surface in November 2011; and
WHEREAS, the city’s first painted intersection was installed as part of Porchfest in 2016
at the intersection of Auburn, W. Lewis, and Adams Streets; and
WHEREAS, the organizers of Porchfest have submitted a new proposal to paint the
intersection of Utica and Jay Streets during this year’s event; and
WHEREAS, the artwork will be installed by artist Ana Goldsmith during Porchfest on
September 24, 2017 and will involve interested members of the community; and
September 6, 2017
20
WHEREAS, the proposed location is an intersection of two local, non-arterial streets
and meets the requirements for painted intersections identified by the Board of Public
Works; and
WHEREAS, in lieu of the PAC’s standard public outreach for mural projects, the
Porchfest organizers will take the following steps to notify the neighborhood and
address any questions or concerns:
Notify all households and businesses within two standard city blocks of the
proposed project at least 30 days before the project installation date;
Submit a petition of support from all adjacent residents and at least 80% of the
residents within two standards city blocks of the proposed project; and
Work with all affected neighbors to resolve any concerns that may arise
regarding the project; and
WHEREAS, the PAC has not reviewed Ana Goldsmith’s proposal but has expressed an
interest in seeing more painted intersections throughout the city; now, therefore be it
RESOLVED, That the City of Ithaca Common Council selects Ana Goldsmith’s design
to be installed at the intersection of Utica and Jay Streets and to be added to the City of
Ithaca’s public art collection; and, be it further
RESOLVED, That the selected artist may proceed with the installation of her mural
upon the submission of a petition of support from area residents as required by the
Board of Public Works and the execution of an agreement with the City as reviewed by
the City Attorney.
Alderperson Mohlenhoff noted that this was a great project last year. It resulted in a
community based painting with great communication and no complaints, only
compliments.
A vote on the Resolution resulted as follows:
Carried Unanimously
13.3 Alderperson Murtagh - Resolution to Select Artwork for a Painted
Intersection at Fair and South Streets
By Alderperson Murtagh: Seconded by Alderperson Smith
WHEREAS, in 2010, the City of Ithaca Public Art Commission (PAC) created a mural
and street art program to beautify blank walls within the city, while providing local artists
from all sections of the community an opportunity to showcase their work; and
WHEREAS, the Board of Public Works adopted a policy to modify City intersections
through mural installations on the street surface in November 2011; and
WHEREAS, as part of Streets Alive! Southside, Marshall McCormick has submitted a
proposal for a painted intersection at Fair and South Streets; and
WHEREAS, the artwork will be installed by artist Sean Chilson during Streets Alive! on
September 17, 2017; and
WHEREAS, the proposed location is an intersection of two local, non-arterial streets
and meets the requirements for painted intersections identified by the Board of Public
Works; and
WHEREAS, in lieu of the PAC’s standard public outreach for mural projects, the project
organizers have taken the following steps to notify the neighborhood and address any
questions or concerns:
Notified all households and businesses within two standard city blocks of the
proposed project at least 30 days before the project installation date;
Submitted a petition of support from all adjacent residents and at least 80% of
the residents within two standards city blocks of the proposed project; and
September 6, 2017
21
Worked with all affected neighbors to resolve any concerns that may arise
regarding the project; and
WHEREAS, the PAC has not reviewed Sean Chilson’s proposal but has expressed an
interest in seeing more painted intersections throughout the city; now, therefore be it
RESOLVED, That the City of Ithaca Common Council selects Sean Chilson’s design to
be installed at the intersection of Fair and South Streets and to be added to the City of
Ithaca’s public art collection; and, be it further
RESOLVED, That the selected artist may proceed with the installation of his mural upon
the execution of an agreement with the City as reviewed by the City Attorney.
Carried Unanimously
Common Council Vacancy Update:
Alderperson Mohlenhoff reported that an additional letter of interest was received from
someone who is not running for the vacant Fifth Ward Common Council seat. She
stated that the Selection Committee will reach out to all interested parties to request an
interview with the hope that an appointment can be made at the October meeting and
the person could be sworn in and seated at that time. She stated that she would ask
the City Administration Committee to review the Common Council Rules of Procedure to
discuss potential changes for these types of short-term vacancies.
MAYOR’S APPOINTMENTS:
14.1 Appointment to the Conservation Advisory Council - Resolution
By Alderperson McGonigal: Seconded by Alderperson Smith
RESOLVED, That Adam M. Fishel be appointed to the Conservation Advisory Council
to fill a vacancy with a term to expire December 31, 2019.
Alderperson Brock noted that she had questions regarding the residency requirements
for the CAC, adding that the charge of the Council includes improvement and
preservation of environmental quality. She stated that Mr. Fishel does not seem to be
an appropriate fit for this committee given his background in development. Alderperson
McGonigal responded that he highly recommends this appointment. He explained that
Mr. Fishel has been attending CAC meetings for over a year and has been a valuable
contributor. He is interested in storm water regulations and brings a diverse perspective
to the Council.
A vote on the Resolution resulted as follows:
Ayes (8) McGonigal, Nguyen, Murtagh, Gearhart, Fleming, Smith, Kerslick,
Mohlenhoff
Nays (1) Brock
Carried
REPORTS OF COMMON COUNCIL LIAISONS:
GIAC Board
Alderperson Murtagh reported that GIAC is celebrating its 45th birthday with a
brunch/auction on September 16, 2017 from 11:00 am – 2:00 pm at Lot 10. Tickets are
$12 in advance, $15 at the door.
Tompkins County Legislature
Alderperson McGonigal noted that the Tompkins County Legislature extends their
thanks to Alderperson Fleming for the Charlottesville statement.
Board of Public Works
Alderperson Fleming reported on the following:
- The BPW still a vacancy that is problematic for quorums and asked for the
assistance of Council members to fill this vacancy.
September 6, 2017
22
- Crews have started work on the Forest Home Drive project
- There will be a fundraising concert at Stewart Park on September 23rd and the
park will be closed to vehicular traffic for event.
- There was a presentation on erosion and lake settlements. There was a
suggestion to form a coalition of all the groups supporting the watershed to apply
for funding
Tompkins County Council of Governments
Alderperson Fleming reported that EMS services within Tompkins County are
experiencing a deep decline in volunteers. TCCOG has formed a study group and is
asking each municipality to budget $5,000 in case it is needed.
The Law Enforcement Shared Services Taskforce report is available on the project
website.
TCAT Board
Alderperson Nguyen reported that a new General Manager has been hired at TCAT. A
general budget presentation has been scheduled. Two new apps have been unveiled
for riders to get real time bus information. TCAT will be providing shuttle service to the
Cayuga Sound concert in Stewart Park on Sept. 23rd and bike valet parking will also be
available.
Cayuga Lake Watershed Intermunicipal Organization
Alderperson Brock reported that this group is composed of disparate municipalities in
five counties. The lack of organization makes mitigation and improvements very
difficult. She further stated that sediments are being deposited in the Inlet on a daily
basis and there is a need for intermunicipal coordination for storm water.
Workforce Diversity Advisory Committee
Alderperson Brock reported that the WDAC is working on a Fragrance Free policy and
an education campaign to raise awareness regarding the impact that fragrances have
on people with sensitivities.
Disability Advisory Council
Alderperson Brock reported that the DAC met with members of the Working Group on
Committees to discuss the new Commission structure and share strategies to continue
the services and resources that the DAC currently provides.
Alderperson Nguyen reported that Tompkins County sold the former public library
property last month.
Alderperson Brock reminded Council members of an emergency services training
opportunity on October 20, 2017 and noted that the session is at risk of being canceled
for lack of enrollment. She encouraged people to sign up for the training in light of
recent events like Hurricanes Harvey and Irma.
REPORT OF CITY ATTORNEY:
City Attorney Lavine reported that the Law Enforcement Shared services study is
concluding. The last three public input sessions were not as well attended as hoped.
The nearly final report is available on the project the website and there will be a
presentation of the findings at the September 20, 2017 City Administration Committee
meeting from 6:00-7:00 pm. The report is objective and does not champion any of the
identified options. The committee is currently mapping out a process for participating
legislative bodies to discuss the available options and move the initiative forward.
September 6, 2017
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MINUTES FROM PREVIOUS MEETINGS:
18.1 Approval of the August 2, 2017 Common Council Meeting Minutes –
Resolution
The approval of the August 2, 2017 minutes was deferred until the October Common
Council meeting.
ADJOURNMENT:
On a motion the meeting adjourned at 9:05 p.m.
______________________________ _______________________________
Julie Conley Holcomb, CMC Svante L. Myrick
City Clerk Mayor