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HomeMy WebLinkAboutMN-CC-2018-03-07COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 6:00 p.m. March 7, 2018 PRESENT: Mayor Myrick Alderpersons (10) Brock, McGonigal, Murtagh, Nguyen, Gearhart, Fleming, Smith, Kerslick, Lewis, Mohlenhoff OTHERS PRESENT: City Clerk – Conley Holcomb City Attorney – Lavine City Controller – Thayer Human Resources Director – Michell-Nunn 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 Mohlenhoff requested that the Resolutions regarding WENY and WSKG be considered at the same time. Mayor Myrick requested the addition of an Executive Session. No Council member objected. PROCLAMATIONS/AWARDS: The J. Diann Sams Annual African-American History Month Recognition Award Honoring Mrs. Janice F. Turner– Resolution By Alderperson Nguyen: Seconded by Alderperson McGonigal WHEREAS, since 2004 the City of Ithaca Common Council has recognized an individual in our community of great esteem and stellar leadership during African- American History Month and, in so doing, established a tradition of honoring outstanding leadership, courage against unspeakable odds, and an unwavering commitment to community that is in keeping with the vision of Dr. Carter G. Woodson, founder of Black/African-American History Month; and WHEREAS, the late Alderperson J. Diann Sams was a heralded civil rights leader, longtime public servant, and the first African-American woman who also was a person with a disability to serve on Common Council; and WHEREAS, Common Council first bestowed this honor in 2004 on Alderperson Sams following her retirement after representing the Second Ward and the City’s populace for a decade; and WHEREAS, Common Council renamed this annual recognition posthumously in 2007 in honor of Alderperson Sams for her tireless efforts on behalf of people of color, the underrepresented, and other marginalized populations in and around Ithaca while, as a single parent, raising two boys who later established careers in law enforcement; and WHEREAS, since 2004, the following outstanding leaders received this recognition from Common Council: - 2005, Dr. James E. Turner, world-renowned scholar and founding director of the Africana Studies and Research Center at Cornell University; - 2006, Mr. Calemeze (Cal) D. Walker, community advocate and visionary leader with the Village at Ithaca; March 7, 2018 2 - 2007, Mrs. Frances Eastman, first woman of color supervisor of medical records at the former Tompkins County Hospital and Tompkins County “Senior Citizen of the Year” recipient; - 2008, Ms. Lucy J. Brown, a dedicated citizen with an unwavering commitment to social justice and promoting local civic collaboration and participation; - 2009, Ms. Marcia J. (Fort) Baum, longtime director of the City’s Greater Ithaca Activities Center (GIAC), so honored for her steadfast advocacy for the voiceless and oppressed of our community and elsewhere; - 2010, Mr. and Mrs. Abraham A. and Denise C. Dendtler Lee, longtime career educators in the Ithaca City School District who lend their time, talent, and personal resources to create or further local achievement for area children; - 2011, Mr. Karl A. Graham, longtime community and youth-education advocate whose work pushes for access and social improvement for all local residents; - 2012, Mr. Kenneth E. Glover, an ardent supporter of Town-Gown relations to achieve success through education, employment, and community involvement for area youth and young adults; - 2013, Mr. William (J.R.) B. Clairborne, Jr., and Mrs. Leslyn E. McBean-Clairborne, elected officials whose public service advocates for social and economic justice through inclusion, fairness, and accessibility to government services for – and sensitivity to – those in need; - 2014, Elder Ronald Benson of Ithaca’s Baptized Church of Jesus Christ, whose longtime civic involvement and ministry in the pulpit, prisons, and television has exemplified leadership through faith; - 2015, Ithaca Police Lt. Marlon T. Byrd (ret.), advocate of community-oriented policing as standard operating procedure, graduate of the FBI National Academy, the department’s first Black investigator, and supportive mentor to officers, community members, and family; - 2016, Mrs. Millicent L. Clarke-Maynard, retired educator from the Ithaca City School District who remains a tireless community servant and youth advocate who walks her talk daily in the betterment of the local community; and - 2017, Ms. Jacqueline E. Melton Scott, a lifelong community educator and advocate who continually brought together families, community, and government in the focused effort of holistically educating children; and WHEREAS, Dr. Woodson’s lifelong devotion to educating African Americans about their own culture and history as part of U.S. history led to the modern-day, month-long observance of Black, or African-American, History Month, which highlights the positive impact people such as this award’s recipients have had on society; and WHEREAS, an individual who has made such an indelible stamp upon Ithaca history and is so revered that she is worthy of community acknowledgement is Mrs. Janice F. Turner, who shepherded scores of students through the college experience not only at Ithaca College and Cornell University but also into medical fields across this nation; and WHEREAS, this New York City native came to Ithaca after directing a Head Start Program in Illinois, provided academic advising to students at Ithaca College, then moved to Cornell where she ascended through the ranks to become Interim Director of The State Programs Office, Pre-Med/Health Careers Adviser, and Assistant Dean in the College of Arts and Sciences; and WHEREAS, “Dean” Turner’s leadership extended beyond the Ithaca area with her involvement in regional and national organizations such as the Northeast Association of March 7, 2018 3 Advisors for Health Professions, the Student National Medical Association, and the National Association of Medical Minority Educators, Inc., an organization that she remains involved actively in global efforts to promote high-quality professional learning opportunities for interested students and professionals; and WHEREAS, Dean Turner’s passion for promoting education and community encompasses East Hill and downtown through organizations including Cornell’s Ujamaa Residential College and its Faculty-in-Residence Program, the Southside Community Center, Women’s Opportunity Center, GIAC, the Village at Ithaca, and Ithaca public schools; and WHEREAS, a particular point of community pride is Dean Turner’s 20-plus years of involvement with the Science and Mathematics Saturday Academy where she continues fundraising and direct programming efforts in support of SMSA’s Science-Technology- Engineering-Mathematics initiative and where she connects college students of the Black Bio-Medical and Technical Association with Ithaca’s youth for tutoring and career exploration; and WHEREAS, Dean Turner’s mark on this community and higher education stretches back some 40 years with a long list of students who not only followed her advice through graduation and into the ranks of professionals – particularly in the healthcare arena – but who also credit her dedication with their success and continue to seek her advice; and WHEREAS, since her retirement in 2009 the Cornell community rewarded Dean Turner’s years of enduring commitment and support of lifelong learning and achievement with two academic awards that bear her name: the Janice F. Turner Most Persistent Award given by the Office of Academic Diversity Initiatives to students who exemplify academic excellence, community service, flexibility, and steadfastness; and the (Professor) James and Janice Turner CBAA Scholarship Endowment, established by the Cornell Black Alumni Association for the couple’s many contributions to Cornell; and WHEREAS, this award’s nominating panel of past recipients acknowledge not only Dean Turner’s long tenure in higher education serving students – especially students of color – of all ages but of the quiet, caring, and persevering nature she employs, which one recipient summarized that dedication as such: “Her commitment continues even after her retirement. She can’t help it. It’s in her DNA!”; now, therefore be it RESOLVED, That the City of Ithaca Common Council bestows upon Dean Janice F. Turner the 2018 J. Diann Sams African-American History Month Recognition during this year’s Women’s History Month and urges all citizens to recognize the invaluable contributions of this positive, affirming, and dedicated citizen who also is a stalwart example of the many prominent figures we celebrate throughout history; and, be it further RESOLVED, That in so doing, Dean Janice F. Turner is worthy of honor not only each year in February or March but throughout the entire calendar year. Carried Unanimously Dean Turner thanked the selection committee and Common Council for this honor. She shared her family’s journey to Ithaca and her work in secondary education. Committee members J. Bradley Nelson, and former Alderperson J. R. Clairborne paid tribute to Dean Turner and her many outstanding contributions to the Ithaca community. March 7, 2018 4 Southern Tier AIDS Program Presentation Related to Ithaca’s Supervised Injection Facility/Safe Consumption Station – John Barry / Michelle McElroy John Barry, LMSW, Executive Director of the Southern Tier AIDS Program (STAP) made a presentation to Common Council that included:  Information about the Southern Tier AIDS Program  What is currently being done to combat substance use  The history of harm reduction syringe exchange programs  Cost benefit considerations  Community concerns  Benefits of supervised injection facilities  STAP’s ability to implement the program  Private sector financial resources PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: The following people addressed Common Council: Greg Catlin, WSKG Television/Radio – Spectrum Cable has announced that they are dropping the WSKG television channel from their line-up; however, the radio station will remain on the air. Genie Hurme, City of Ithaca, shared concerns regarding the Rt. 79 Bridge/ W. MLK St Corridor Project. James Goldman, Pennsylvania, expressed his thanks to Code Enforcement Director Niechwiadowicz, Building Inspector Epthimiatos, and Assistant Fire Chief Haines-Sharp for their assistance through the fire and redevelopment of 400-404 Stewart Avenue. Dan Hoffman, Monika Roth, and Rapfeal Aponte, shared information regarding the Food Policy Council of Tompkins County which is a group of volunteers including food producers, gardeners, workers, consumers, food waste & rescue organizations, and local youth. Their goals include improving access to healthy food, reducing food waste and increasing the amount of rescued food. They noted that this group can be used as a resource to the City and the Community Life Commission. Greg Perreault, City of Ithaca, shared his concerns about the Rt. 79 Bridge / W. MLK St Corridor Project and open government. Marc Messing, Town of Ithaca, shared information about his attempts to join the Cascadilla Boat Club and questioned whether the City investigated violations of contract terms and how they are enforced. Maura and Sadie Kinast, Sonja Skelly, and Rowen shared their hopes for a new Ithaca Children’s Garden Urban Environmental Education Center. They spoke of the conditions of the existing infrastructure at Cass Park including the restrooms and the impact it has on their experiences during summer programming. Sophie Zapala, announced the launch of the spring 2018 Season of the Olive Branch Film Series that will start on March 14th at 7:00 pm, at Cinemapolis. Mark Perry, Ithaca Children’s Garden, spoke about the Urban Environmental Education Center building proposal. PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR: Alderperson Nguyen read a letter from a constituent regarding the decision of Spectrum Cable to remove the WSKG television channel from their line-up. He further announced that he and Alderperson Murtagh have created podcast episodes that feature Mayor Svante Myrick and Historic Preservation Planner Bryan McCracken. Folks can tune into “The Ithacast” available on iTunes, Google Play and other podcast players. March 7, 2018 5 Alderperson McGonigal thanked Ms. Hurme for her comments and urged her to apply to be a Commissioner on the new Mobility, Accessibility, and Transportation Commission. He further thanked the speakers who spoke about the Ithaca Children’s Garden building proposal noting that Ithaca values its parkland and he would like to learn more about the possibility of community center space in the project. Alderperson Brock thanked the West Hill residents who shared their concerns about potential impacts of the Rt. 79 Bridge/W. MLK St Corridor Project. She also thanked Mr. Messing for sharing his experiences with the Cascadilla Boat Club and inquired about the findings of any investigations that resulted from his written complaint. City Attorney Lavine responded that this is not the first time that Mr. Messing has had this experience and has filed this complaint. He stated that the license for the Boat Club is overseen by the Superintendent of Public Works who reviewed the facts of the complaint filed in 2016 as submitted by Mr. Messing and gathered facts from the Cascadilla Boat Club including the membership rules as stated in the license agreement. It was determined that the Cascadilla Boat Club had applied reasonable rules and criteria for membership in 2016. He further noted that if Mr. Messing wishes to submit another written complaint for 2018, the City would be happy to conduct another investigation. Alderperson Brock stated that she would like more information about the building proposal at the Ithaca Children’s Garden. She noted that she can’t support the project at this time due to the lack of information but thanked the speakers for their advocacy. Alderperson Nguyen expressed his thanks and appreciation to the City’s snowplow operators, sharing that he recently participated in a ride-along and saw the challenges they face when drivers don’t adhere to the City’s odd/even parking regulations. Alderperson Lewis stated that she recently participated in a ride-along with the Ithaca Fire Department and expressed her appreciation for the work they do. She also thanked the Public Works crews for keeping the roads safe and the creeks flowing resulting in no flooding during the recent weather events. Alderperson Kerslick thanked Mr. Goldman for his efforts in re-building the Chapter House and noted that he would follow-up with him. CONSENT AGENDA ITEMS: City Administration Committee: 8.1 Department of Public Works (DPW) - Amendment to Personnel Roster - Resolution By Alderperson Kerslick: Seconded by Alderperson Smith WHEREAS, the Streets and Facilities Division of the Department of Public Works has a vacant, funded Custodian (40 hours/week) position at the Ithaca Police Department (IPD); and WHEREAS, the Department of Public Works has determined that the existing Custodian position can be changed to a Buildings and Grounds Maintenance Worker (40 hours per week) position because the Custodian position allows for supervisory duties, yet there are no other Custodial Worker positions to supervise at IPD; and WHEREAS, this change will provide more efficient use of City resources, as the Building and Grounds Maintenance Worker title more accurately reflects the work that is performed; now, therefore be it RESOLVED, That the Personnel Roster of the Department of Public Works be amended as follows: Add: One (1) Building and Grounds Maintenance Worker (Grade 4) Delete: One (1) Custodian (Grade 5) Carried Unanimously March 7, 2018 6 8.2 Water & Sewer Department - Amendment to Personnel Roster – To Add Two (2) Senior Wastewater Treatment Plant Operators - Resolution By Alderperson Kerslick: Seconded by Alderperson Smith WHEREAS, the Ithaca Area Wastewater Treatment Facility (IAWWTF) is in the process of an organizational restructuring to more effectively and efficiently conduct its operations; and WHEREAS, the Ithaca Area Wastewater Treatment Facility (IAWWTF) has immediate need of two (2) Senior Wastewater Treatment Plant Operators; and WHEREAS, two (2) Senior Wastewater Treatment Plant Operators were included in the 2018 Final Budget for the IAWWTF; and WHEREAS, with the funding and authorization of two (2) Senior Wastewater Treatment Plant Operators to the roster, the current titles of Wastewater Treatment Plant Operator Mechanic and Wastewater Treatment Plant Instrumentation Technician will be defunded and removed from the roster; and WHEREAS, a new job description and new position duties statement has been prepared for the Senior Wastewater Treatment Plant Operator and vetted by the City of Ithaca Human Resources Department; now, therefore be it RESOLVED, That the Personnel Roster of the Ithaca Area Wastewater Treatment Facility be amended as follows: Add: Two (2) Senior Wastewater Treatment Plant Operators Delete: One (1) Wastewater Treatment Plant Operator/Mechanic One (1) Wastewater Treatment Plant Instrumentation Technician ; and, be it further RESOLVED, That the position of Senior Wastewater Treatment Plant Operator shall be assigned to the CSEA Administrative Unit at salary grade 13; 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 roster change shall be obtained from within the allocated departmental budget. Carried Unanimously 8.3 Water & Sewer Department - Amendment to Personnel Roster – To Add One Maintenance Worker - Resolution By Alderperson Kerslick: Seconded by Alderperson Smith WHEREAS, the Ithaca Area Wastewater Treatment Facility (IAWWTF) has immediate need of a full time Maintenance Worker; and WHEREAS, the Ithaca Water Treatment Plant also has immediate need for a full-time Maintenance Worker; and WHEREAS, both plants previously shared a single Maintenance Worker position; and WHEREAS, a full time Maintenance Worker for each plant was included in the 2018 Final Budget; and WHEREAS, the existing shared position is being re-assigned to the Water Treatment Plant on a full-time basis; and March 7, 2018 7 WHEREAS, a new position duties statement has been prepared specifically for the new Maintenance Worker position at the IAWWTF and vetted by the City of Ithaca Human Resources Department; now, therefore be it RESOLVED, That the Personnel Roster of the IAWWTF be amended as follows: Add: One (1) Maintenance Worker Carried Unanimously 8.4 Authorization for Tompkins County Area Transit (TCAT) to Erect and Maintain an Auxiliary Storage Building on City-Owned Land - Resolution By Alderperson Kerslick: Seconded by Alderperson Smith WHEREAS, TCAT has requested authorization from the City to construct and maintain a post frame building to be used for storage supporting TCAT’s functions; and WHEREAS, TCAT’s proposal contemplates placing a post frame building 30’ by 30’, 12 feet high, in the area northeast of the TCAT building located at 725 Willow Avenue within City-owned land and part of the Department of Public Works (DPW) parcel identified as tax map parcel 16-1-3 that is currently used as parking, as shown in the documents attached and incorporated into this resolution as Exhibit A; and WHEREAS, TCAT’s use of the land underlying its existing building is memorialized in a number of agreements, with a lease expiration of October 9, 2021. Such lease includes authorization to use a right-of-way at the south end of the TCAT facility and two easements on the north side of the facility for parking and access to the facility, with such easements remaining titled to the City; and WHEREAS, due to the City’s ongoing facilities master plan study, City staff has expressed concerns to TCAT about the permanence of the proposed structure, but finds that the property is not currently needed for other City purposes and TCAT is in need of additional space to support its operations; and WHEREAS, City staff supports permitting TCAT to erect and maintain the auxiliary storage building provided the following conditions are met:  construction of the storage facility is at TCAT’s sole risk and expense;  the City does not guarantee any rights to maintain the structure upon, and/or in the event of, termination of the TCAT lease; and  the proposed structure will not increase the area shared by the City and County, ; and WHEREAS, the original lease specified pre-paid rent in the form of 50% of the design and construction costs as consideration of the City’s conveyance of the underlying parcel; and WHEREAS, TCAT would be solely responsible for all expenses related to construction of the proposed storage building; now, therefore be it RESOLVED, That the Common Council hereby grants the request for authorization to erect and maintain a storage building, as proposed and in the area identified in Exhibit A, contingent upon the execution of an agreement memorializing the following conditions on TCAT’s use of the land: - construction of the storage facility is at TCAT’s sole risk and expense; - the City does not guarantee any rights to maintain the structure upon, and/or in the event of, termination of the TCAT lease; - TCAT’s authorization to use the parcel shall terminate upon such date when TCAT ceases to use 725 Willow Avenue or expiration of the TCAT parcel lease in 2021, whichever is earlier; March 7, 2018 8 - Upon termination of the City’s authorization to use the premises, TCAT shall remove the storage building at its expense unless the parties agree otherwise; and - the proposed structure will not increase the area shared by the City and County ; and, be it further RESOLVED, That the Mayor, upon consultation with the Director of Planning, Superintendent of Public Works, and City Attorney, is hereby authorized to execute an agreement allowing said use of City property under the conditions specified above and containing the City’s usual terms and conditions for use of City land. Carried Unanimously 8.5 Department of Public Works (DPW) - Reallocation of Position – Director of Parking - Resolution By Alderperson Kerslick: Seconded by Alderperson Smith WHEREAS, the position of Director of Parking was created in 2012 and assigned to the Managerial Compensation Plan based on an outline of the position’s anticipated duties and responsibilities; and WHEREAS, the duties and responsibilities of the position evolved into more than originally anticipated, including the addition of responsibility for the maintenance of the Ithaca Commons; and WHEREAS, the Human Resources Department has reviewed the point factor evaluation of the Director of Parking position and determined that the growth in responsibilities merits an increased point factor rating, which results in the reallocation of the position to a higher salary grade; now, therefore be it RESOLVED, That the position of Director of Parking be reallocated from Grade 7 to Grade 8 on the City of Ithaca Managerial Compensation Plan; and, be it further RESOLVED, That the funding for this reallocation shall be derived from within the approved 2018 Department of Public Works budget. Carried Unanimously 8.6 Department of Public Works (DPW) – Parking Structure State Audit Corrective Action Plan - Resolution By Alderperson Kerslick: Seconded by Alderperson Smith WHEREAS, the Office of the State Comptroller conducted an audit of certain aspects of parking structures safety inspections used by various municipalities including the city; and WHEREAS, the final audit report was issued on December 29, 2017, and contained five recommendations for improvements to the City’s parking structure inspection process and documentation; and WHEREAS, General Municipal Law §35 requires Common Council to approve a Corrective Action Plan detailing how and when measures will be implemented to address the recommendations; and WHEREAS the Department of Public Works (DPW) has already started to implement some corrective action to address the recommendations contained in the audit, as detailed in the attached Corrective Action Plan, and Council believes that such actions effectively address the issues raised in the report; now, therefore be it RESOLVED, That Common Council approves the DPW 2018 Corrective Action Plan; and, be it further March 7, 2018 9 RESOLVED, That the City Clerk shall submit a copy of the DPW 2018 Corrective Action Plan to the Office of the State Comptroller, and shall maintain the plan on file for review by the public. Carried Unanimously 8.7 Ithaca Fire Department (IFD) - Authorization to Distribute Funds - Resolution By Alderperson Kerslick: Seconded by Alderperson Smith WHEREAS, the City of Ithaca Board of Fire Commissioners had fiduciary responsibility for the following funds and accounts, which are held by the City Chamberlain:  Donation fund (Checking Account with Tompkins Trust Company) – November 2017 Balance = $2,794.79  Rescue Donation fund (Checking Account with TTC) – November 2017 Balance = $1,648.61  Bunker Fund (Trust account maintained by City Chamberlain) Balance = $5.00  1896 Steamer Display Fund (Trust account maintained by City Chamberlain) Balance = $875.  175th Anniversary Fund (Trust account maintained by City Chamberlain) Balance = $ 1,173.12  Child Safety Seats (Trust account maintained by City Chamberlain) Balance = $238  Community Risk Account (Trust account maintained by City Chamberlain) Balance = $3,023.06 ; and WHEREAS, the original purpose for which some of these funds were established has already been addressed; and WHEREAS, there has been no specific fiduciary responsibility assigned for these funds after December 31, 2017, and the Board of Fire Commissioners, in exercising its fiduciary responsibility over the balance in these accounts, determined that the following actions are an appropriate use or distribution of these funds; now, therefore be it RESOLVED, That the City Chamberlain be authorized and directed to distribute the entire balance of the Rescue Donation Fund and that the funds be placed into the Ithaca Fire Department’s Equipment Operating account; and, be it further RESOLVED, That the City Chamberlain be authorized and directed to close the Rescue Donation fund account; and, be it further RESOLVED, That the City Chamberlain be authorized and directed to distribute the balance of the Donation Fund, less $1,500 which shall be left in the account for future use of the Ithaca Fire Department, and that the distributed funds be placed into the Ithaca Fire Department’s Equipment Operating account; and, be it further RESOLVED, That the Fire Chief be authorized and directed to spend the funds that were transferred to the Equipment Operating Account to help Neriton Fire Company No. 9 outfit their new fire police vehicle and for other equipment acquisitions in amounts at his discretion; and, be it further RESOLVED, That the City Chamberlain be authorized and directed to transfer the entire balance of the Child Safety Seats fund and the Bunker Fund into the Community Risk account; and, be it further March 7, 2018 10 RESOLVED, That the City Chamberlain be authorized and directed to close the Child Safety Seats fund and Bunker Fund accounts; and, be it further RESOLVED, That the City Chamberlain be authorized and directed to transfer the entire balance of the 1896 Steamer Display Fund into the 175th Anniversary Fund; and be it further RESOLVED, That the City Chamberlain be authorized and directed to close the 1896 Steamer Display Fund account; and, be it further RESOLVED, That the City Chamberlain be authorized to distribute funds in perpetuity from the Community Risk Account at the discretion of the Fire Chief for purposes of providing materials to the members of the public that reduce the risk of loss of life, injury, or property damage; and, be it further RESOLVED, That Common Council directs that the authority to distribute funds from the trust accounts be transferred under the authority of the City Controller; and, be it further RESOLVED, That Common Council hereby grants authority to the Fire Chief and City Controller to use and distribute current and future funds held in the Donation fund account for the benefit of the Ithaca Fire Service based on the advice and recommendation from either Neriton Volunteer Company No. 9 or the Career Staff of the Ithaca Fire Department. Carried Unanimously 8.8 Ithaca Fire Department (IFD) – Award of Bid for Fire Hose - Resolution By Alderperson Kerslick: Seconded by Alderperson Smith WHEREAS, bids were received and opened on February 13, 2018, and reviewed by staff for the 2018 Ithaca Fire Department Municipal Fire Hose Acquisition; and WHEREAS, staff recommends that the low bid from Tyler Fire Service Co., Elmira, New York be accepted; now, therefore be it RESOLVED, That Common Council hereby accepts staff’s recommendation and awards the bid for the 2018 Fire Department Municipal Fire Hose Acquisition to Tyler Fire Service Co., Elmira, New York for their low bid meeting specifications; and, be it further RESOLVED, That Common Council hereby authorizes the Fire Chief to enter into an agreement for said acquisition. Carried Unanimously Department of Public Works – Superintendent’s Office: 8.9 Viva Taqueria & Cantina Alcohol Permit Request - Resolution By Alderperson Kerslick: Seconded by Alderperson Smith WHEREAS, since 1998 the City of Ithaca has issued a license to Viva Taqueria & Cantina Restaurant allowing them 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 Viva Taqueria & Cantina Restaurant, including the responsible sale and consumption of alcohol, is desirable; and March 7, 2018 11 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 2018, Common Council hereby approves a revocable Alcoholic Beverage Permit for the outdoor sale and consumption of alcohol for Viva Taqueria & Cantina Restaurant that includes the sale of alcohol in accord with the terms and conditions set forth in application therefore, including minimum Dram Shop coverage in the amount of $1,000,000 and the approval of an outdoor dining permit. Carried Unanimously PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE: 9.1 Approval of Downtown Design Guidelines: By Alderperson Murtagh: Seconded by Alderperson Brock WHEREAS, Plan Ithaca, the City’s Comprehensive Plan, calls for the implementation of design guidelines as a tool to help achieve the plan’s goals of encouraging additional housing and employment opportunities while preserving the character of established neighborhoods; and WHEREAS, Downtown has been and will remain a thriving urban center, and much of the Downtown area was rezoned in 2013 to further promote a dense, mixed-use urban core with street-level activity; and WHEREAS, the new zoning focuses on use and density requirements with very little regulation of built form, and design guidelines are needed to build upon the zoning to promote high-quality design and construction as well as sensitivity to the historic context of Downtown and adjacent residential neighborhoods; and WHEREAS, the City worked with project consultants Winter & Company to prepare design guidelines for the Downtown area that: 1. Build upon existing zoning to promote high-quality construction and urban design; 2. Formally establish design expectations for new construction; 3. Help implement the goals of Plan Ithaca; and 4. Add clarity and predictability to the development approval process for Property owners and the Planning and Development Board; and WHEREAS, Winter & Company worked with a client committee of Common Council members, Planning Board members, and City staff and sought input from property owners, neighborhood residents, architects, and other members of the public that informed the design guidelines; and WHEREAS, the Downtown Design Guidelines outline design objectives and provide ways that the objectives can be met but, unlike zoning, allow a property owner the flexibility to suggest alternative ways to achieve the same goal; and WHEREAS, once approved, the design guidelines will serve as the basis for design review in the Downtown area and will be implemented through the City’s existing design review process, as outlined in Chapter 160, Design Review, of the City Municipal Code; and WHEREAS, the Planning and Development Board reviewed the Downtown Design Guidelines, dated August 2017, at its meeting on October 24, 2017 and recommended approval of the document with several modifications; and WHEREAS, the Downtown Design Guidelines have been reviewed by the Tompkins County Department of Planning and Sustainability, pursuant to §239-l-m of New York March 7, 2018 12 State General Municipal Law, and have also been distributed for review by the City of Ithaca Conservation Advisory Council; and WHEREAS, the Common Council has reviewed the Downtown Design Guidelines, dated August 2017, and has considered the modifications recommended by the Planning and Development Board; now, therefore be it RESOLVED, That the Common Council hereby approves the Downtown Design Guidelines with modifications adopted at the December 13, 2017 Planning and Economic Development Committee meeting; and, be it further RESOLVED, That the Downtown Design Guidelines shall serve as a guide for the mandatory design review of any projects within the Downtown area, as required by Chapter 160, Design Review, of the City Municipal Code. Alderperson Nguyen asked how community members would learn more about the design guidelines. City Planner Wilson stated that the project consultants would provide training on the guidelines for the Planning Board but members of the public are welcome to attend as well. Alderperson Nguyen asked how the Planning Board would use the guidelines to guide their decisions. City Planner Wilson noted that the applicants would have to meet all of the priority guidelines as well as the secondary guidelines. An application has been created for the design review process to assist property owners through the document. It is designed to help property owners focus on how each guideline applies and how it is being met. A vote on the Resolution resulted as follows: Carried Unanimously 9.2. Approval of Collegetown Design Guidelines: By Alderperson Murtagh: Seconded by Alderperson Brock WHEREAS, Plan Ithaca, the City’s Comprehensive Plan, calls for the implementation of design guidelines as a tool to help achieve the plan’s goals of encouraging additional housing and employment opportunities while preserving the character of established neighborhoods; and WHEREAS, the 2009 Collegetown Urban Plan & Conceptual Design Guidelines, endorsed by the Common Council in 2009, recommended the adoption of a form-based code and design guidelines for Collegetown, and the Collegetown Area Form Districts, adopted in 2014, stipulate zoning requirements that promote high quality architecture and urban form; and WHEREAS, the new zoning does not address more detailed design issues, such as building materials, massing variation, and site design; the design guidelines will build upon the existing zoning to address these issues; and WHEREAS, the City worked with project consultants Winter & Company to prepare design guidelines for the Collegetown area that: 1. Build upon existing zoning to promote high-quality construction and urban design; 2. Formally establish design expectations for new construction; 3. Help implement the goals of Plan Ithaca and the 2009 Collegetown Urban Plan & Conceptual Design Guidelines; and 4. Add clarity and predictability to the development approval process for property owners and the Planning and Development Board ; and March 7, 2018 13 WHEREAS, Winter & Company worked with a client committee of Common Council members, Planning Board members, City staff, and sought input from property owners, neighborhood residents, architects, and other members of the public that informed the design guidelines; and WHEREAS, the Collegetown Design Guidelines outline design objectives and provide ways that the objectives can be met but, unlike zoning, allow a property owner the flexibility to suggest alternative ways to achieve the same goal; and WHEREAS, once approved, the design guidelines will serve as the basis for design review in the Collegetown area and will be implemented through the City’s existing design review process, as outlined in Chapter 160, Design Review, of the City Municipal Code; and WHEREAS, the Planning and Development Board reviewed the Collegetown Design Guidelines, dated August 2017, at its meeting on November 28, 2017 and recommended approval of the document with several modifications; and WHEREAS, the Collegetown Design Guidelines have been reviewed by the Tompkins County Department of Planning and Sustainability, pursuant to §239-l-m of New York State General Municipal Law, and have also been distributed for review by the City of Ithaca Conservation Advisory Council; and WHEREAS, the Common Council has reviewed the Collegetown Design Guidelines, dated August 2017, and has considered the modifications recommended by the Planning and Development Board; now, therefore be it RESOLVED, That the Common Council hereby approves the Collegetown Design Guidelines with modifications adopted at the December 13, 2017 Planning and Economic Development Committee meeting; and, be it further RESOLVED, That the Collegetown Design Guidelines shall serve as a guide for the mandatory design review of any projects within the Collegetown area, as required by Chapter 160, Design Review, of the City Municipal Code. Alderpersons McGonigal and Lewis thanked their colleagues for delaying this vote so they could study the guidelines in more detail. A vote on the Resolution resulted as follows: Carried Unanimously 9.3 Approval of the Ithaca Urban Renewal Agency’s (IURA) Recommended Amendment to the 2017 Housing and Urban Development (HUD) Action Plan for the Harriet Giannelis Child Care Center - Resolution By Alderperson Murtagh: Seconded by Alderperson Brock WHEREAS, the Ithaca Urban Renewal Agency (IURA) recommends approval of an amendment to the 2017 HUD Action Plan to provide $90,960 in supplemental loan assistance to Tompkins Community Action, Inc. (TCAction) for relocation assistance associated with the new Harriet Giannelis Child Care Center under construction at 661- 701 Spencer Road; and WHEREAS, the City of Ithaca (City) receives funds annually to address community development needs through the U.S. Department of Housing & Urban Development (HUD) Entitlement program; and WHERAS, the City has contracted with the IURA to administer, implement and monitor the City’s HUD Entitlement program in compliance with all applicable regulations; and WHEREAS, the City adopts an Action Plan annually that identifies a specific list of budgeted community development activities funded from the HUD Entitlement program; and March 7, 2018 14 WHEREAS, a change in activity funding of more than $25,000 requires Common Council approval; and WHEREAS, the need to relocate TCAction offices during construction of the Child Care Center was unforeseen in the original project budgeting; and WHEREAS, TCAction requested IURA loan assistance to fund unforeseen relocation expenses; and WHEREAS, the IURA approved a $90,960 loan at 2.5% interest for 10 years to TCAction; and WHEREAS, relocation assistance of administrative offices is a Type II action under the City Environmental Quality Review Ordinance, so no further environmental review of this action is required; now, therefore be it RESOLVED, That the Common Council for the City of Ithaca hereby approves the following IURA-recommended amendment to the 2017 HUD Action Plan: Project: Harriet Giannelis Child Care Center, 661-701 Spencer Road, Ithaca, NY Sponsor: Tompkins Community Action, Inc. Amount: $90,960 Description: Supplemental loan assistance for relocation assistance of administrative offices, ;and, be it further RESOLVED, That funding shall be derived by transferring $90,960 from the IURA Community Development Revolving Loan Fund to the 2017 HUD Action Plan. Alderperson McGonigal noted that he would recuse himself from the vote as he serves on the Board of Tompkins Community Action. There is no direct monetary benefit; however, he wants to avoid the appearance of a conflict of interest. Ayes (9) Brock, Nguyen, Murtagh, Gearhart, Fleming, Smith, Kerslick, Mohlenhoff, Lewis Nays (0) Recusals (1) McGonigal Carried (9-0-1) 9.4 Historic Resources Survey Grant Application – Authorization to Apply - Resolution By Alderperson Murtagh: Seconded by Alderperson Lewis WHEREAS, as a participating municipality in the Certified Local Government (CLG) program, the City of Ithaca is required to regularly update its inventory of historic resources, an activity typically conducted through historic resource surveys; and WHEREAS, in a recent review of the City’s CLG activities from 2013- 2016, the State Historic Preservation Office (SHPO) noted that the City had not applied for CLG funding to conduct a historic resource survey during the evaluation period and “strongly encourage[d] the City to seek a CLG grant this coming grant cycle for a historic resource survey”; and WHEREAS, the City’s comprehensive plan, “Plan Ithaca”, also recommends seeking grant funding to conduct intensive-level surveys of historic resources; and WHEREAS, the Department of Planning, Building, Zoning & Economic Development proposes to apply to the New York State Office of Parks, Recreation and Historic Preservation Certified Local Government Sub-grant program for funds to engage a consultant to survey and document nineteen (19) selected historic resources adjacent to the western boundary of the East Hill Historic District; and March 7, 2018 15 WHEREAS, such sub-grants are available exclusively to New York State government entities that have received certification from the New York State Office of Parks, Recreation, and Historic Preservation, such as the City of Ithaca; and WHEREAS, the estimated project budget is between $8,000 and $10,000 for which the CLG Sub-grant program guidelines recommend a local match of 40%, which can be a combination of in-kind, services and/or cash contributions; and WHEREAS, the Department plans to satisfy the 40% local match through in-kind contributions of City personnel professional services, and donated volunteer research work; now, therefore be it RESOLVED, That Common Council authorizes the application for a Certified Local Government Sub-grant to survey and document nineteen (19) selected historic resources adjacent to the western boundary of the East Hill Historic District along N. Aurora, E. Court, and Linn Streets. Carried Unanimously CITY ADMINISTRATION COMMITTEE: 10.1 An Ordinance to Amend Chapter 120 of the City of Ithaca Municipal Code Entitled “Youth Council” By Alderperson Mohlenhoff: Seconded by Alderperson McGonigal ORDINANCE 2018- BE IT ENACTED by the Common Council of the City of Ithaca as follows: Section 1. Chapter 120 of the City of Ithaca Municipal Code entitled “Youth Council” is hereby amended to read as follows: § 120-1 Creation. In recognition of the history of youth councils in the Ithaca community, the Common Council of the City of Ithaca hereby creates an entity that shall be known as the "City of Ithaca Youth Council," hereinafter also referred to as the "Youth Council," in accordance with the following conditions. § 120-2 Purposes and duties. The purposes and duties of the Youth Council shall be as follows: A. To develop future leaders by providing the teenage members opportunities to participate in city governance and have an active role in addressing community issues. B. To give a formal voice to the youth of the community. The Youth Council will provide ongoing, two-way communication with policymakers, especially the Common Council, so as to better address youth and community issues. The Youth Council will develop mechanisms to receive input regularly from other youth about their ideas and concerns. C. To help provide a hands-on civic education to participating members through direct experience with democratic processes and practical skill development. D. To contribute to the community in a concrete way. The Youth Council will plan and execute projects to improve conditions for teenagers. E. To help youth build their social networks, engage with the opportunities available within their local community, and help their peers make positive connections to the local community. To submit a written annual report on the membership and activities of the Youth Council, to the Mayor and Common Council (and the City Clerk), and to report on a regular basis to the Mayor. March 7, 2018 16 § 120-3 Membership. A. The Youth Council shall consist of 7 10 members, all of whom shall be voting members, appointed by the Youth Council Advisory Board subject to the approval of the Common Council. The appointing entities staff shall commit to assembling a diverse, multicultural and inclusive membership of the Youth Council, with regard to the protected classes and other unique characteristics that represent the needs of the entire community. B. Notwithstanding the provisions of Chapter 103 of this Code, at least five half of the Youth Council members shall be residents from the City of Ithaca. The remaining members shall be selected from within the municipalities comprising the Ithaca City School District. The members of the Youth Council must be at least 16 years old and not past the 12th grade (or the age of 19, if not enrolled in high school). C. The members of Ithaca Youth Council shall hereinafter referred to as Youth Council Ambassadors or Ithaca Ambassadors § 120-4 Associates. The Youth Council Advisory Board may designate up to four associates who are 14 or 15 years of age. Such associates shall be invited to attend and participate in Youth Council meetings and events but shall have no voting authority and may not hold office in the Youth Council. § 120-45 Terms; vacancies. A. Except as provided for in Subsection B below, the The members of the Youth Council shall be appointed for terms of two years one year or until the time of their high school graduation, if that occurs first. A member who has reached the end of a two-year appointment while still in high school may elect to extend his or her term by one additional year. Terms shall begin in September (or, in the initial year of the Youth Council's operation, as soon as is practical after its establishment), except in the case of members appointed to fill vacancies. Vacancies shall be filled in the same manner as the original appointment, except that a vacancy occurring other than by the expiration of a term of office shall be filled only for the remainder of the unexpired term. B. Notwithstanding the above, the initial terms for members of the Youth Council shall be set at one or two years, such that staggered terms are established for subsequent appointments. The appointing entities may make an appointment for a one-year term, as needed, in order to maintain a balance of staggered terms. § 120-6 Officers. A. At the start of each year, the Youth Council shall select its officers, for the purpose of providing general leadership, recordkeeping and fiduciary oversight. The manner of such selection and the titles and specific responsibilities of the officers shall be set forth in operational rules adopted by the initial Youth Council and as amended from time to time as needed by the Youth Council. B. The lead officer of the Youth Council shall serve as liaison to the Common Council and shall have an opportunity to report at Common Council meetings. C. The leadership of the Youth Council shall meet regularly with the Mayor at a time convenient to all, with the goal of meeting not less than bimonthly. § 120-7 Youth Council Advisory Board. A. A Youth Council Advisory Board is hereby established, to oversee the activities of the Youth Council. B. The Youth Council Advisory Board shall consist of up to 10 members, each of whom shall be appointed for a term of three years (or for the remainder of the term in question when a vacancy is being filled). Membership of the Advisory Board shall be compose d of one staff member appointed respectively by the directors of the Greater Ithaca March 7, 2018 17 Activities Center, the Ithaca Youth Bureau, and the Southside Community Center and up to seven members appointed by the Mayor and approved by the Common Council, including at least one member of the standing committee of Common Council responsible for working with the City's youth services departments, members selected from the local education and youth advocacy communities and representatives of major funders of the Youth Council. C. In addition to providing oversight, the Youth Council Advisory Board shall interview all applicants for membership on the Youth Council and shall make recommendations as to their appointment, on the basis of the candidates' leadership potential and commitment to effective service on the Council. § 120-58 Staff support. A staff person(s) from a City Youth Services Department shall act in consultation with the Youth Common Council Advisory Board Liaisons and under the direction and supervision of the City department head so designated by the Mayor. The duties of this staff person with regard to the Youth Council shall be set forth in writing and kept up-to- date by the department head and provided to the Mayor, and a current version of such description shall be appended to the annual report required by § 120-2 herein. § 120-69 Meetings; records; annual report. The Youth Council shall meet publicly at least monthly regularly to complete projects and adopt rules tasks towards their annual goals. The Youth Council shall report twice a year to Common Council regarding youth and procedures for its meetings. community issues. The Youth Council shall meet at least one time per year with the Mayor. The Youth Council shall keep accurate records of its meetings and activities and shall prepare and submit an annual report as provided for in § 120-2 of this chapter. Section 2. Severability. 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 3. Effective date. This ordinance shall take effect immediately and in accordance with law upon publication of notices as provided in the Ithaca City Charter. Amending Resolution By Alderperson Mohlenhoff: Seconded by Alderperson Smith RESOLVED, That the Ordinance be amended to read as it was approved out of the City Administration Committee including changes to the Annual Report requirements, and membership numbers. Carried Unanimously Alderperson Nguyen noted that the New York State age requirement for State Youth Commissions is 16 and asked whether that would apply in this situation. Motion to Refer to Committee By Alderperson Mohlenhoff: Seconded by Alderperson Smith RESOLVED, That this item be referred back to the City Administration Committee for further discussion. Carried Unanimously March 7, 2018 18 10.2 A Local Law to Improve and Strengthen the Sustainable Energy Loan Program By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick LOCAL LAW 2018- BE IT ENACTED by the Common Council of the City of Ithaca, as follows: Section 1. Legislative Intent. Common Council hereby finds and determines that the City of Ithaca enacted Local Law No. 1-2015 pursuant to provisions of New York General Municipal Law, to establish a Sustainable Energy Loan Program. This program authorized the Energy Improvement Corporation (“EIC”), a local development corporation acting on behalf of the City of Ithaca, to make funds available to qualified property owners for the installation of renewable energy systems and energy-efficiency measures. Common Council further finds that the New York State Legislature recently amended certain provisions of the municipal sustainable energy loan program to “eliminate barriers that have been identified that have prevented the program from reaching its full potential.” Common Council finds that the amendments to the program, enacted as Chapter 320 of the 2017 Laws of the State of New York, seek to encourage net metered and community solar projects, will allow the City of Ithaca’s program to use monies available from the State or any State authority, and will permit a more flexible loan standard for commercial properties. Therefore, the purpose of this law is to amend the City of Ithaca’s Sustainable Energy Loan Program in conformity with changes recently enacted to the New York State enabling legislation. Section 2. Amendments. Chapter 4 of the City of Ithaca Municipal Code entitled “Administration of Government”, Article VII entitled “Energize NY Benefit Financing Program” is hereby amended as follows: ARTICLE VII Energize NY Benefit Financing Program §4-33. Legislative findings, intent and purpose, authority. A. It is the policy of both the City of Ithaca (hereinafter, “City”) and the State of New York to achieve energy efficiency and renewable energy goals, reduce greenhouse gas emissions, mitigate the effect of global climate change, and advance a clean energy economy. The City finds that it can fulfill this policy by providing property assessed clean energy financing to property owners for the installation of renewable energy systems and energy efficiency measures. This [article] law establishes a program that will allow the Energy Improvement Corporation (“EIC”), a local development corporation, acting on behalf of the City, pursuant to the municipal agreement to be entered into between the City and EIC pursuant to Article 5-G of the New York General Municipal Law (the “Municipal Agreement”), to make funds available to qualified property owners that will be repaid by such property owners through charges on the real properties benefited by such funds, thereby fulfilling the purposes of this [article] law and fulfilling an important public purpose. B. The City is authorized to implement this Energize NY Benefit Financing Program pursuant to the Municipal Home Rule Law and Article 5-L of the New York General Municipal Law. C. This [article] law shall be known and may be cited as the “Energize NY Benefit Financing Program Law of the City of Ithaca”. March 7, 2018 19 §4-34. Definitions For purposes of this [Article] law, and unless otherwise expressly stated or unless the context requires, the following terms shall have the meanings indicated: Authority – The New York State Energy Research and Development Authority, as defined by subdivision two of section eighteen hundred fifty-one of the Public Authorities Law, or its successor. EIC – the Energy Improvement Corporation, a local development corporation, duly organized under section fourteen hundred eleven of the Not-For-Profit Corporation Law, authorized hereby on behalf of the City to implement the Energize NY Benefit Financing Program by providing funds to qualified property owners (as defined in this [article] law) and providing for repayment of such funds from monies collected by the City tax [collector] collecting officer as a charge to be levied on the real property and collected in the same manner and same form as the City taxes. Energy Audit – A formal evaluation or “assessment” of the energy consumption of a permanent building or structural improvement to real property, conducted by a contractor certified by the Authority, or certified by a certifying entity approved by the Authority, for the purpose of identifying appropriate energy efficiency improvements that could be made to the property. Energy Efficiency Improvement – Any renovation or retrofitting of a building to reduce energy consumption, such as window and door replacement, lighting, caulking, weather stripping, air sealing, insulation, and heating and cooling system upgrades, and similar improvements, determined to be cost-effective pursuant to criteria established by the Authority, not including lighting measures or household appliances that are not permanently fixed to real property. Qualified Property Owner – An owner of residential or commercial real property located within the boundaries of the City that is determined to be eligible to participate in the Energize NY Benefit Financing Program under the procedures for eligibility set forth under this [article] law. Renewable Energy System – An energy generating system for the generation of electric or thermal energy, to be used primarily at such property, except when the Qualified Property Owner is a commercial entity in which case the system may be used for other properties in addition to the subject property, by means of solar thermal, solar photovoltaic, wind, geothermal, anaerobic digester gas-to-electricity systems, fuel cell technologies, or other renewable energy technology approved by the Authority not including the combustion or pyrolysis of solid waste. Renewable Energy System Feasibility Study – A written study, conducted by a contractor certified by the Authority, or certified by a certifying entity approved by the Authority, for the purpose of determining the feasibility of installing a renewable energy system. §4-35. Establishment of an Energize NY Benefit Financing Program A. An Energize NY Benefit Financing Program is hereby established by the City, whereby EIC acting on its behalf pursuant to the Municipal Agreement, may provide funds to Qualified Property Owners in accordance with the procedures set forth under this [article] law, to finance the acquisition, construction and installation of Renewable Energy Systems and Energy Efficiency Improvements and the verification of the installation of such systems and improvements. B. For funds provided to a Qualified Property Owner which is a commercial entity, not-for-profit organization, or entity other than an individual, EIC shall have the authority to impose requirements on the maximum amount of funds to be provided, which may consider factors including but not limited to the property value, projected savings, project cost, and existing indebtedness secured by such property. March 7, 2018 20 C. For financings made to a Qualified Property Owner who is an individual, the The funds provided shall not exceed the lesser of: (i) ten percent of the appraised value of the real property where the Renewable Energy Systems and/or Energy Efficiency Improvements will be located, or (ii) the actual cost of installing the Renewable Energy Systems and/or Energy Efficiency Improvements, including the costs of necessary equipment, materials, and labor and the cost of verification of such systems and improvements. §4-36. Procedures for eligibility A. Any property owner in the City may submit an application to EIC on such forms as have been prepared by EIC and made available to property owners on the website of EIC and at the City offices. B. Every application submitted by a property owner shall be reviewed by EIC acting on behalf of the City, which shall make a positive or negative determination on such application based upon the criteria for making a financing enumerated in [subsection A of] section 4-37 of this [article] law. EIC may also request further information from the property owner where necessary to aid in its determination. C. If a positive determination on an application is made by EIC acting on behalf of the City, the property owner shall be deemed a Qualified Property Owner and shall be eligible to participate in the Energize NY Benefit Financing Program in accordance with the procedure set forth under section 4-38 of this [article] law; provided that in no case shall a property owner that has received funds from another municipal corporation for the acquisition, construction and installation of Energy Efficiency Improvements and/or Renewable Energy Systems be deemed a Qualified Property Owner. §4-37. Application criteria Upon the submission of an application, EIC acting on behalf of the City, shall make a positive or negative determination on such application based upon the following criteria for the making of a financing: A. The proposed Energy Efficiency Improvements and/or Renewable Energy Systems are determined to be cost effective based on guidelines issued by the Authority; B. The [proposed] property owner may not be in bankruptcy and the property may not constitute property subject to any pending bankruptcy proceeding; C. The amount financed under the Energize NY Benefit Financing Program shall be repaid over a term not to exceed the weighted average of the useful life of Renewable Energy Systems and Energy Efficiency Improvements [and/or Renewable Energy Systems will generate an estimated annual cost savings greater than the annual charge payments] to be installed on the property as determined by EIC; D. Sufficient funds are available from EIC to provide financing to the property owner; E. The property owner is current in payments on any existing mortgage; F. The property owner is current in payments on any existing real property taxes and has been current on real property taxes for the previous three years; and G. Such additional criteria, not inconsistent with the criteria set forth above, as the City, or EIC acting on its behalf, may set from time to time. §4-38. Opt-in, Energize NY Finance Agreement A. A Qualified Property Owner may participate in the Energize NY Benefit Financin g Program through the execution of an [Energize Finance Agreement] energize NY finance agreement made by and between the Qualified Property Owner and EIC, acting on the behalf of the City (the “Energize NY Finance Agreement”). B. Upon execution of the Energize NY Finance Agreement, the Qualified Property Owner shall be eligible to receive funds from EIC acting on behalf of the City, for the March 7, 2018 21 acquisition, construction, and installation of qualifying Renewable Energy Systems and Energy Efficiency Improvements; provided the requirements of section 4-39 of this [article] law have been met. C. The Energize NY Finance Agreement shall include the terms and conditions of repayment set forth under section 4-40 of this [article] law. §4-39. Energy audit, renewable energy system feasibility study A. No funds shall be made available for Energy Efficiency Improvements unless determined to be appropriate through an Energy Audit as defined in Section 4-34. B. No funds shall be made available for a Renewable Energy System unless determined to be feasible through a Renewable Energy System Feasibility Study as defined in 4-34. C. The cost of such Energy Audit and/or Renewable Energy System Feasibility Study shall be borne solely by the property owner but may be included in the financed amount if the work is approved. §4-40. Terms and conditions of repayment The Energize NY Finance Agreement between the Qualified Property Owner and EIC acting on behalf of the City, shall set forth the terms and conditions of repayment in accordance with the following: A. The principal amount of the funds paid to the Qualified Property Owner hereunder, together with the interest thereon, shall be paid by the property owner as a charge on its City tax bill and shall be levied and collected at the same time and in the same manner as City property taxes, provided that such charge shall be separately listed on the tax bill. The City shall make payment to EIC or its designee in the amount of all such separately listed charges within 30 days of the [City tax] date the payment is due [date] to be made to the City. B. The term of such repayment shall be determined at the time the Energize NY Finance Agreement is executed by the property owner and EIC, provided that in no case shall the term exceed the weighted average of the useful life of the systems and improvements as determined by EIC acting on behalf of the City. C. The rate of interest for the charge shall be fixed by EIC acting on behalf of the City at the time the Energize NY Finance Agreement is executed by the property owner and EIC. D. The charge shall constitute a lien upon the real property benefited by the Energize NY Benefit Financing Program as set forth in Article 5-L of the General Municipal Law and shall run with the land. A transferee of title to the benefited real property shall be required to pay any future installments, including interest thereon. §4-41. Verification and report A. EIC shall be responsible for verifying and reporting to the City on the installation and performance of Renewable Energy Systems and Energy Efficiency Improvements financed by such [program] Program. B. The City shall verify and report on the installation and performance of Renewable Energy Systems and Energy Efficiency Improvements financed by the Energize NY Benefit Financing Program in such form and manner as the Authority may establish. Section 3. Severability Clause Severability is intended throughout and within the provisions of this Local Law. If any section, subsection, sentence, clause, phrase, or portion of this Local Law is held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall not affect the validity of the remaining portions of this Local Law. March 7, 2018 22 Section 4. Effective and Operative Date. This Local Law shall be effective immediately after filing in the office of the Secretary of State. Alderperson Brock stated that she confirmed with Energize NY that both Federal and New York State laws allow these funding mechanisms to be accessed by individual property owners for residential properties. This financial instrument doesn’t fall under a home loan. She stated that she would support the law for the opportunities it brings to corporations and commercial properties but is uncomfortable about offering it to residential property owners as they may not understand its implications. Extensive discussion followed on the floor regarding what is being offered through this program to commercial vs. residential properties. A roll call vote of the Local Law resulted as follows: Alderperson Brock – Nay Alderperson McGonigal - Nay Alderperson Nguyen – Aye Alderperson Murtagh - Aye Alderperson Gearhart – Aye Alderperson Fleming - Aye Alderperson Smith – Aye Alderperson Kerslick - Aye Alderperson Mohlenhoff – Aye Alderperson Lewis – Aye Carried (8-2) 10.3 Authorization to Amend Municipal Agreement Between the City of Ithaca and the Energy Improvement Corporation to Implement and Administer a Sustainable Energy Loan Program in the City of Ithaca By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick WHEREAS, by Local Law No. 2015-2, the City of Ithaca created the Energize NY Benefit Financing Program (also known as the Sustainable Energy Loan Program) utilizing the Energy Investment Corporation (EIC), a local development corporation acting on behalf of the City, to provide Property Assessed Clean Energy PACE financing to assist qualified property owners who undertake energy efficiency measures and install renewable energy systems; and WHEREAS, in 2015 the City entered into a Municipal Agreement with EIC to administer the Energize NY Benefit Financing Program; and WHEREAS, New York State recently amended its PACE Law to make PACE financing more accessible to clean energy projects; and WHEREAS, by local law No. 2018-01, the City of Ithaca amended the Energize NY Benefit Financing Program to enable the changes made by New York State at the local level; and WHEREAS, an amended Municipal Agreement is required to establish the roles, responsibilities, and obligations of the EIC and the City in the administration of the amended Energize NY Benefit Financing Program; and WHEREAS, Federal practice currently does not enable participation in PACE programs by individual residential property owners; and if participation is enabled in the future at the Federal and State level, then written authorization from the City would be required to enable individual residential property owners to participate in the City program; now, therefore be it RESOLVED, That the Mayor, upon review of the City Attorney, is hereby authorized to enter into an amended Municipal Agreement with the Energy Improvement Corporation that shall set forth the duties and obligations of each party in connection with the City’s participation in the Energize NY Benefit Financing Program. March 7, 2018 23 Amending Resolution: By Alderperson Brock: Seconded by Alderperson McGonigal RESOLVED, That the Resolution be amended to remove the last Whereas Clause as Federal and State laws do not allow lending to individual residential property owners, and, be it further RESOLVED, That two new Resolved Clauses be added to read as follows: “RESOLVED, That while New York State law currently enables participation in PACE programs by individual residential property owners, the City of Ithaca expressly prohibits participation in PACE programs by individual residential property owners, and, be it further RESOLVED, That the City of Ithaca shall send a modification letter to the Energy Improvement Corporation to exclude participation in PACE programs by individual residential property owners.” Sustainability Coordinator Goldsmith explained that the City is not allowed to change the agreement through this Resolution, it must use the agreement template. The vehicle to amend the agreement would be through a written notification. Alderperson Brock stated that this is an unusual financing tool. As it is funded through property taxes, it becomes a primary tax lien against the property if not paid. A property owner could lose their house if payments are missed and some banks will not offer loans with these types of liens on the property. She further explained that property owners cannot pre-pay these loans and the loan transfers with the house until it is paid off. She voiced her deep concerns about this program, stating that it is important to take this caution and protect home owners. Chief of Staff Cogan explained that these loans are not being offered in New York State at this time. When they are offered, the City would need to modify its agreement. Right now it is not possible for an individual property owner to get a loan like this. Further discussion followed on the floor regarding Federal guidelines, and the experiences other States have had with products like this. A vote on the Amending Resolution resulted as follows: Ayes (9) Brock, McGonigal, Nguyen, Murtagh, Gearhart, Fleming, Smith, Kerslick, Lewis Nays (1) Mohlenhoff Carried Main Motion as Amended A vote on the Main Motion as Amended resulted as follows: Carried Unanimously 10.4 Addition to Common Council Rules of Procedure - Resolution By Alderperson Mohlenhoff: Seconded by Alderperson Smith WHEREAS, Common Council believes that interaction with constituents is a high priority for elected officials; and WHEREAS, some constituents do not have access to long distance phone service without paying a fee per call; now, therefore be it RESOLVED, That Section XI of the Common Council Rules of Procedure be amended as follows: March 7, 2018 24 XI. Communication and correspondence with Council Members and the Public XI. A Communications between Council Members and Staff XIA - 1. Council members who need information from City staff to assist them in developing policy or in responding to a request from a constituent, shall transmit information requests to the department head or directly to the department staff. XIA - 2. Whenever Council members seek information directly from departmental staff, the following procedures should be pursued since individual Council members do not supervise staff nor do they establish or change programs. 1) If the information request is more than minimal in terms of staff time required, the Council member should direct the inquiries to the Mayor or the chair of the committee to which the department reports. If the Mayor or the committee chair declines to authorize the request, an appeal may be made to the appropriate committee; and if that fails, to the whole Council. XIA - 3. A Council member should never attempt to influence the conduct of a staff person on the job. Any concerns that a Council member has about a staff person’s conduct on the job or job performance should be directed to the Department Head, the Mayor, the Human Resources Director or the appropriate committee. 1) In the event that any Council member does so attempt to influence the conduct of a City staff member on the job, the staff person should bring this to the attention of the department head who will in turn notify the Human Resources Director, the Mayor and the Chair of the committee to which the department reports. B Use of Council letterhead XIB – 1 The primary use of Common Council letterhead stationery is to communicate official Council positions on matter of public concern. These positions may be communicated by members of Council designated to speak for the whole when a majority of Council members have consented. XIB – 2- A secondary use of Common Council letterhead stationery is to allow individual Council members to express views regarding matters of official City business. In these instances it shall be clear that that the opinion expressed by the Council member is that member’s opinion only and may not be the official opinion of the City or Council as a body. XIB - 2 – a – When expressing her/his own position on City letterhead, a Council member shall use letterhead designating her/his office, e.g. “Ezra Ithacan, Sixth Ward Alderperson, Common Council, City of Ithaca.” This personal letterhead may also be used, for example, for letters of reference or recommendation if the Alderperson, in her/his capacity as a City official, has known the subject. XIB – 2 – b – When two or more Council members collaborate to express a view not officially advocated by the majority of Council, those Alderpersons may electronically design their own joint letterhead indicating their names and offices, or use Council letterhead, but in either case shall explicitly state in the letter that their view is not that of the majority or the official view. XIB – 3 – Council members shall not use City letterhead stationery or the City logo for their private correspondence or on behalf of private individuals or organizations. Correspondence on letterhead should never give the appearance of using the office of Alderperson for personal gain or influence. C. Access by telephone. XIC -1. Council members shall maintain and publicize a local telephone number such that members of the public can be reached by telephone without incurring long-distance fees. Carried Unanimously March 7, 2018 25 10.5 Declaration of Support for the Ithaca Children’s Garden’s Intention to Construct an “Urban Environmental Education Center” - Resolution By Alderperson Mohlenhoff: Seconded by Alderperson Lewis WHEREAS, the Ithaca Children’s Garden is a three-acre public garden, leased within the City of Ithaca’s Cass Park, that inspires, promotes, and sustains youth and community stewardship of the natural environment through garden-based learning and discovery; and WHEREAS, the New York State Department Regional Economic Development Council provides funds for various forms of community development throughout New York State; and WHEREAS, the Ithaca Children’s Garden intends to apply for such funding so that it may construct an “Urban Environmental Education Center” at the garden as part of an expansion of the garden into additional acreage in Cass Park that is in close proximity to the garden’s already-leased space; and WHEREAS, an “Urban Environmental Education Center” at the Ithaca Children’s Garden would advance the mission of the garden, provide additional community space and educational opportunities, and otherwise benefit members of the public visiting Cass Park and the Ithaca Children’s Garden; now, therefore be it RESOLVED, That the City of Ithaca Common Council hereby declares its support for the Ithaca Children’s Garden’s intention to construct an “Urban Environmental Education Center” and an application by the Ithaca Children’s Garden for funding therefor. Alderperson Fleming echoed prior statements that much more information is needed about the proposed project and questioned whether it would be a publicly owned building or a privately owned building. Mayor Myrick responded that there is a need to put a proposal together but in doing so, they need to know what the City is willing to agree to. He explained that the City would not be bound to approve anything; however, the Ithaca Children’s Garden can’t apply for funding without knowing that the city has some level of support for the proposal. City Attorney Lavine stated that the project would go through the Parks, Recreation, and Natural Resources Commission, the Board of Public Works, and Common Council. Approval of a lease agreement would be required before the building itself could be built. This Resolution is simply a statement that Common Council supports the general idea of an Urban Environmental Education Center enough that the Ithaca Children’s Garden could proceed to seek funding for a feasibility study. Alderperson Brock noted that she heard more about this project from the public comment period than is included in the proposal, including potential uses as a pre- school, library, restrooms, etc. Erin Marteal and Adam Shea from the Ithaca Children’s Garden stated that creating a safe and welcoming space and providing environmental education to the community are the primary goals of this project. Alderperson Mohlenhoff explained that there has been a series of meetings on this topic with Planning Director Cornish, Superintendent of Public Works Thorne, and staff from the Ithaca Youth Bureau and they have expressed support for this concept. Alderperson Fleming suggested a proposed amendment to the Resolved clause, changing the word “intention” to “desire” to construct an “Urban Environmental Education Center”. Alderperson McGonigal stated that the city takes its parks very seriously and expects them to remain open to everyone. March 7, 2018 26 City Attorney Lavine referenced the question of whether this would be a city building or a private building and explained that it would be private building with a lease on public land. The building would become a city building upon the termination/expiration of the lease. Amending Resolution By Alderperson Brock: Seconded by Alderperson Fleming RESOLVED, That the Resolved clause be amended to read as follows: “RESOLVED, That the City of Ithaca Common Council hereby declares its support for the Ithaca Children’s Garden’s desire to explore the construction of an “Urban Environmental Education Center” and an application by the Ithaca Children’s Garden seeking funding for it. Ayes (1) Brock Nays (9) McGonigal, Nguyen, Murtagh, Gearhart, Fleming, Smith, Kerslick, Mohlenhoff, Lewis Failed Amending Resolution By Alderperson McGonigal: Seconded by Alderperson Brock RESOLVED, That the Resolved Clause be amended to read as follows: “RESOLVED, That the City of Ithaca Common Council hereby declares its support for the Ithaca Children’s Garden’s intention to construct an “Urban Environmental Education and Community Center” and an application by the Ithaca Children’s Garden for funding therefor.” Ayes (8) Brock, McGonigal, Nguyen, Murtagh, Fleming, Smith, Kerslick, Mohlenhoff Nays (2) Gearhart, Lewis Carried Main Motion as Amended A vote on the Main Motion as Amended resulted as follows: Ayes (9) McGonigal, Nguyen, Murtagh, Gearhart, Fleming, Smith, Kerslick, Mohlenhoff, Lewis Nays (1) Brock Carried RECESS: Common Council recessed at 9:20 pm and Reconvened at 9:30 pm. 10.6 Request to Charter Communications to Reinstate Channel WENY in Ithaca - Resolution By Alderperson McGonigal: Seconded by Alderperson Brock WHEREAS, soon after Charter Communications/Spectrum purchased the local television cable franchise from Time Warner, the Elmira/Corning/Ithaca TV station, WENY, Channel 19, an ABC affiliate, was dropped from the basic cable offering in Ithaca; and WHEREAS, this change seems to have been instigated by Nextar, the company that owns the Syracuse ABC affiliate in Ithaca's designated market area, WSYR; and WHEREAS, for many years, WENY has been the leading TV source for local news and events in the Ithaca area; and WHEREAS, local school districts belong to sports leagues that are located primarily in the Southern Tier, which is the viewing area of WENY; and WHEREAS, WENY sends reporters to cover City of Ithaca and Tompkins County government meetings, as well as sporting events in Ithaca and the surrounding school districts, and at Cornell University and Ithaca College, while Syracuse TV stations, March 7, 2018 27 including WSYR, focus their reporting on local governments, schools, and state and federal election districts that are closer to home; and WHEREAS, Ithaca is part of the 23rd U.S. Congressional District, the 58th N.Y.S. Senatorial District, and the 125th N.Y.S. Assembly District, all of which are located in the Southern Tier/Finger Lakes region that coincides with the WENY viewing area, and which are reported on extensively by WENY; and WHEREAS, acknowledging the fact that Federal Communication Commission regulations dictate that major network affiliates from a community's designated market area, in Ithaca's case Syracuse, must be carried, Charter Communication's predecessor, Time Warner, opted to offer WENY as well; and WHEREAS, WETM in Elmira does not cover Ithaca and Tompkins County in its local newscasts, nor compete with WENY for advertisers in the Ithaca area; and WHEREAS, television cable subscribers in the Ithaca area have come to rely on WENY to bring them important local news, sports and weather reports, as well as announcements of upcoming events; and WHEREAS, Spectrum/Charter Communications has continued to offer WENY to a portion of its Ithaca and Tompkins County customers on Channel 1210, as a CBS- affiliated station; now, therefore be it RESOLVED, That the City of Ithaca's Common Council formally requests that Charter Communications reinstate WENY into the Ithaca area's basic, least expensive cable offering for all its customers, and that Charter Communications commit to keeping WENY as part of their basic cable offering into the foreseeable future; and, be it further RESOLVED, That this resolution be forwarded to the New York State Public Service Commission, WSYR in Syracuse, WETM in Elmira, Nextar Broadcasting, Lilly Broadcasting, the Tompkins County Legislature, Assemblywoman Barbara Lifton, State Senator Tom O'Mara, Governor Andrew Cuomo, Congressman Tom Reed, and Senators Charles Schumer and Kirsten Gillibrand. Alderperson Murtagh expressed his thanks to Alderperson McGonigal for championing this issue, noting that there have been a lot of complaints and concerns expressed by constituents regarding the loss of WENY and WSKG. Alderperson McGonigal shared the things he’s learned through this process, noting that Charter Communications said they had no control over the removal of WENY. Alderperson Mohlenhoff noted the number of complaints that have been registered with the Public Service Commission about cable offerings. A vote on the Resolution resulted as follows: Carried Unanimously INDIVIDUAL MEMBER – FILED RESOLUTIONS: Alderperson McGonigal – Request that Charter Communications Not discontinue WSKG TV From Its Basic Cable Service - Resolution By Alderperson McGonigal: Seconded by Alderperson Mohlenhoff WHEREAS, in February 2018 Charter Communications announced that, beginning in mid-March 2018, the “duplicate PBS station, WSKG” would no longer be available in the Candor, Cortland, Hamilton and Ithaca Channel line-ups, while the “In Market Station WCNY” would remain on basic service; and WHEREAS, WSKG is, in fact, not a “duplicate” PBS television station, but rather is known for its singular local productions, offering more local programming than WCNY, and broadcasting many local award winning documentaries relating specifically to Ithaca and the Southern Tier and Finger Lakes Region; and March 7, 2018 28 WHEREAS, just a few of these award winning documentaries produced and shown by WSKG include:  Cornell, Birth of the American University  Class of 1950  Hurricane Agnes, 1972  Racing at Watkins Glen ; and WHEREAS, WSKG produces several local TV shows that feature Ithaca-area businesses, musicians and artists, such as “Brew Beats,” “Expressions,” and “Let's Polka!”; and WHEREAS, WSKG, by law, cannot and does not charge for their programming and receives zero financial compensation from Charter Communications; and WHEREAS, WSKG has approximately 2,300 members in Tompkins County who contribute to the station and should be able to watch it; and WHEREAS, while Charter Communications has the legal right to limit the Ithaca area to one PBS TV station from its Designated Market Area, which is Syracuse, it can legally carry more than one PBS station; now, therefore, be it RESOLVED, That the Common Council of the City of Ithaca hereby strongly requests that Charter Communications not discontinue WSKG TV from its basic cable service; and be it further RESOLVED, That the Common Council of the City of Ithaca also requests that Charter Communications upgrade the signal of WSKG from standard definition to high definition; and be it further RESOLVED, That a copy of this resolution be forwarded to the offices of Charter Communications, the New York State Public Service Commission, the offices of WSKG, the offices of WCNY, the Tompkins County Legislature, Cortland County Legislature, Tioga County Legislature, Madison County Legislature, Assemblywoman Barbara Lifton, State Senator Tom O'Mara, Governor Andrew Cuomo, Congressman Tom Reed, and Senators Charles Schumer and Kirsten Gillibrand. Alderperson Fleming thanked Alderperson McGonigal for his work on this issue, noting that it is disturbing that Charter Communications won’t disclose who is responsible for making these decisions. Alderperson Gearhart also expressed his thanks to Alderperson McGonigal and suggested that the County Legislatures of Cortland County, Tioga County, and Madison County be added to the list of recipients of this Resolution. A vote on the Resolution resulted as follows: Carried Unanimously City Controller’s Report City Controller Thayer reported on the following: 2017 Activity: Revenues will exceed the 2017 budget, largely fueled by sales tax and the mortgage tax. Expenses will fall below the budget projections. $488,000 had been appropriated from the Reserve Fund but will not be needed. The City should have a slight budget surplus. 2018 Activity:  Sales tax – is on pace with 2017 activity  Overtime - $270,000 has been spent of the $963,000 that was budgeted. March 7, 2018 29 MAYOR’S APPOINTMENTS: Appointments to the Local Advisory Board of Assessment Review for the City of Ithaca – Resolution By Alderperson Smith: Seconded by Alderperson Kerslick RESOLVED, That Jonathan Greene, Robert Sparks, and John Guttridge be appointed to the Local Advisory Board of Assessment Review for the City of Ithaca for 2018, and be it further Carried Unanimously Appointments to Boards and Commissions Civil Service Commission: By Alderperson Smith: Seconded by Alderperson Nguyen RESOLVED, That Arlene Richardson be reappointed to the Civil Service Commission with a term to expire May 31, 2022; and, be it further RESOLVED, That Cate Thompson be reappointed to the Civil Service Commission with a term to expire May 31, 2024; and, be it further Housing Board of Review: RESOLVED, That Christopher Anagnost be appointed to the Housing Board of Review to replace Joseph Steuer with a term to expire December 31, 2019, and, be it further Board of Zoning Appeals: RESOLVED, That Steven Beer be reappointed to the Board of Zoning Appeals with a term to expire December 31, 2018; and, be it further RESOLVED, That Steven A. Wolf be reappointed to the Board of Zoning Appeals with a term to expire December 31, 2019; and, be it further RESOLVED, That Teresa Halpert Deschanes be reappointed to the Board of Zoning Appeals with a term to expire December 31, 2019; and, be it further RESOLVED, That Lindsay Jones be appointed to replace Marilyn Tebor Shaw with a term to expire December 31, 2020; and, be it further RESOLVED, That Marshall McCormick be appointed as an Alternate Board of Zoning Appeals member to replace Susan Cummings with a term to expire December 31, 2018. Carried Unanimously Planning and Development Board – Resolution By Alderperson Smith: Seconded by Alderperson Nguyen RESOLVED, That Robert Lewis be reappointed to the Planning and Development Board with a term to expire December 31, 2018; and, be it further RESOLVED, That Emily Petrina be appointed to the Planning and Development Board to replace Garrick Blalock with a term to expire December 31, 2019; and, be it further RESOLVED, That Mitch Glass be appointed to the Planning and Development Board to replace John Schroeder with a term to expire December 31, 2020; and be it further RESOLVED, That Jack Elliott be reappointed to the Planning and Development Board with a term to expire December 31, 2019; and be it further RESOLVED, That McKenzie Jones-Rounds be reappointed to the Planning and Development Board with a term to expire December 31, 2020; and, be it further Mayor Myrick explained the changes being proposed to the membership of the Planning Board. Two current Planning Board members are not being reappointed as a means to inject some fresh ideas and energy into the Board. Over 100 applications were received from community members volunteering to serve on the City’s boards and commissions. Members of the Planning, Building & Economic Development staff March 7, 2018 30 conducted interviews of potential Planning Board members and made recommendations to the Mayor. Mayor Myrick noted that the contributions made to the Planning Board and the greater community by John Schroeder and Garrick Blalock are tremendous. John Schroeder has served on the Planning Board for the past 16 years and has positively influenced many projects. Garrick Blalock has served on the Planning Board for the past 7 years and his service has been greatly appreciated. Alderperson Kerslick stated that he was troubled by these recommendations, noting that the Planning Board does an immense amount of work. Even with the new appointments, there is still a vacancy on the Planning Board. He commented that losing this level of experience during a period of great development may not be the best path forward. Alderperson Murtagh echoed concerns expressed about the loss of John Schroeder on the Planning Board. He stated that this was not only a surprise to Common Council, it was a surprise to Mr. Schroeder. He noted that Mr. Schroeder deserved a conversation about why the changes were being proposed as it is important for volunteers to come into the city feeling good but also to leave the city feeling good. Alderperson McGonigal expressed his concern that one of the proposed appointees has only lived in the city for one year, although they have a large portfolio of good work. Both Mr. Schroeder and Mr. Blalock have an extensive knowledge of the city and it is unfortunate to lose that. Alderperson Fleming questioned why is Mr. Blalock was not be reappointed when there is still a vacancy on the Board. Mayor Myrick responded that the 7th seat is the Board of Public Works (BPW) liaison seat. That member has to serve on both the BPW and the Planning Board. He stated that he did not make these decisions lightly, and that he listened to staff’s thoughts/opinions about the future of the Planning Board. The Mayor further noted that he has appointed Robert Lewis as the Chair. A vote on Resolution resulted as follows: Ayes (8) Brock, Nguyen, Murtagh, Gearhart, Fleming, Smith, Mohlenhoff, Lewis Nays (2) Kerslick, McGonigal Carried (8-2) Appointments to the Four New Commissions – Resolution Public Safety and Information Commission - Resolutions By Alderperson Gearhart: Seconded by Alderperson Smith RESOLVED, That Davi Mozie be appointed as the Chair for the Public Safety and Information Commission with a term to expire December 31, 2019. Carried Unanimously Resolution: By Alderperson Smith: Seconded by Alderperson Kerslick RESOLVED, That the following applicants be appointed to the Public Safety and Information Commission with terms to expire December 31, 2018: Mike Comella Aryeal Jackson Nicholas Segerson Kenneth McLaurin Carried Unanimously March 7, 2018 31 Resolution: By Alderperson Kerslick: Seconded by Alderperson Smith RESOLVED, That the following applicants be appointed to the Public Safety and Information Commission with terms to expire December 31, 2019: Catherine Holmes Erica Cotraccia Anthony Hayton Mark Spadolini Ayes (9) Brock, McGonigal, Nguyen, Murtagh, Gearhart, Fleming, Smith, Kerslick, Lewis Nays (0) Recusal (1) Mohlenhoff Carried (9-0-1) Parks, Recreation, and Natural Resources Commission - Resolutions By Alderperson Kerslick: Seconded by Alderperson Smith RESOLVED, That Monika Roth be appointed as the Chair for the Parks, Recreation, and Natural Resources commission with a term to expire December, 31, 2019. Carried Unanimously Resolution: By Alderperson Kerslick: Seconded by Alderperson Smith RESOLVED, That the following applicants be appointed to the Parks, Recreation, and Natural Resources Commission with terms to expire December 31, 2018: Daniel Hoffman Tyler Moeller Claire Concepcion Thomas Shelley and, be it further RESOLVED, That the following applicants be appointed to the Parks, Recreation, and Natural Resources Commission with terms to expire December 31, 2019: Scott Freyburger Michelle Berry Ellen Leventry Beth Myers Carried Unanimously Community Life Commission – Resolutions By Alderperson Smith: Seconded by Alderperson Kerslick RESOLVED, That Tierra Labrada be appointed as the Chair for the Community Life Commission with a term to expire December 31, 2019. Carried Unanimously Resolution: By Alderperson Smith: Seconded by Alderperson Kerslick RESOLVED, That the following applicants be appointed to the Community Life Commission with a term to expire December 31, 2018: Caroline Byrne Melissa Hall Rusty Keeler Lisa Swayze and, be it further RESOLVED, That the following applicants be appointed to the Community Life Commission with a term to expire December 31, 2019: Gibrian Hagood Sean Hillson Carlie McClinsey Jocelyn Scriber March 7, 2018 32 Carried Unanimously Appointment of Mobility, Accessibility, and Transportation Commission – Resolution By Alderperson Smith: Seconded by Alderperson Gearhart RESOLVED, That Eric Lerner be appointed as the Chair of the Mobility, Accessibility, and Transportation Commission with a term to expire December 31, 2019. Carried Unanimously Resolution: By Alderperson Kerslick: Seconded by Alderperson Mohlenhoff RESOLVED, That the following applicants be appointed to the Mobility, Accessibility, and Transportation Commission with terms to expire December 31, 2018: Sarah Brylinsky Theresa Lyczko William Reed Sarah Barden and, be it further RESOLVED, That the following applicants be appointed to the Mobility, Accessibility, and Transportation Commission with terms to expire December 31, 2019: Hector Chang Megan Powers Larry Roberts Peter Parkes Carried Unanimously Motion to Extend the Meeting By Alderperson Lewis: Seconded by Alderperson Kerslick RESOLVED, That the meeting be extended until 10:45 pm. Carried Unanimously REPORTS OF COMMON COUNCIL LIAISONS: Commissions Alderperson Mohlenhoff stated that she and Chief of Staff Cogan have been meeting with all of the chairs and administrative staff for the new commissions. The primary focus of the first meetings will be a training/orientation session. Work continues on the design of a Q&A model for additional public comment opportunities at the commission meetings. Alderperson Kerslick thanked Deb and the Working Group for their work. He noted that it was a very long process and controversial at times, but the response from public via the number of applications received was great. Alderperson Mohlenhoff thanked everyone for their patience as they extended the application period in order to allow for greater diversity in the membership of the commissions. She stated that the results were worth the wait but there is still work to do. Special Joint Committee Alderperson Brock reported on the following:  Assistant Superintendent of Water & Sewer Whitney provided an update on the new EPA regulations on wastewater and storm water collection systems. Practices such as discharging sump pumps into the sanitary sewer will no longer be allowed which will require storm water system upgrades in order to accept additional water capacity. These new regulations will put additional stress on other municipalities as well and it is expected that active negotiations will begin to get the Lansing sewer into the IAWWTP.  A Request for Proposals has been created to evaluate using treated effluent for heating and cooling in the IAWWTP and perhaps neighboring facilities. Southside Community Center Alderperson Smith extended his thanks to Mark Anbinder for his help in coordinating the Dick’s Sporting Goods registry to benefit the Southside Community Center March 7, 2018 33 TCAT Alderperson Nguyen reported that TCAT had been forced to cancel routes due to bus maintenance issues. The public should see improved service with the 11 new buses that are in the process of being delivered. Tompkins County Legislature Alderperson McGonigal reported that the Tompkins County Legislature honored theStudents United group at Ithaca High School with the Distinguished Youth Award for contesting the practices of the Ithaca City School District’s performing arts program. REPORT OF CITY CLERK: City Clerk Conley Holcomb read the following announcement into the record: “The Ithaca Urban Renewal Agency (IURA) will hold a Public Hearing beginning at 8:30 a.m., Thursday, March 22, 2018 and continuing at 8:30 a.m. on Thursday, March 29, 2018, in Common Council Chambers, City Hall, 108 E. Green St., Ithaca, NY. This Public Hearing is a two-part Public Hearing to review proposals to the City of Ithaca’s 2018 Community Development Block Grant (CDBG) and Home Investment Partnership Programs (HOME) Annual Action Plan. This hearing, in both its parts, is intended to obtain views of citizens on the most critical housing and non-housing community needs and the activities to address these needs. Eligible funding activities may include housing, public facilities, public services, and economic development projects, and must benefit the City of Ithaca’s low- and moderate-income population. Written comments may also be submitted to the IURA, 108 E. Green St., Ithaca, NY 14850. Please submit all comments by 8:30 a.m., March 22, 2018. The meeting location is fully accessible. If you have a disability and require accommodation to fully participate, please contact the IURA at 274-6565 at least 48 business hours prior to the meeting.” REPORT OF CITY ATTORNEY: Motion to Enter Into Executive Session to Discuss Collective Bargaining By Alderperson Lewis: Seconded by Alderperson Smith RESOLVED, That Common Council enter into Executive Session to discuss collective bargaining. Ayes (9) Brock, McGonigal, Nguyen, Murtagh, Gearhart, Fleming, Smith, Kerslick, Lewis Nays (0) Recusal (1) Mohlenhoff Carried (9-0-1) Motion to Extend the Meeting By Alderperson Gearhart: Seconded by Alderperson Smith RESOLVED, That the meeting be extended until 11:00 pm. Carried Unanimously Approval and Authorization to Execute the Contract with the Ithaca Professional Fire Fighters Association By Alderperson Smith: Seconded by Alderperson Kerslick RESOLVED, That Common Council approves the agreement between the City of Ithaca and the Ithaca Professional Fire Fighters Association for a contract commencing January 1, 2016 and expiring December 31, 2020; and, be it further RESOLVED, That the Mayor is authorized to fully execute the agreement on behalf of the City. Mayor Myrick extended his thanks to Fire Chief Parsons, Human Resources Director Michell-Nunn, City Controller Thayer, City Attorney Lavine, and the IPFFA for negotiating in good faith and reaching this agreement. March 7, 2018 34 Alderperson Mohlenhoff stated that she would recuse herself from this vote as her spouse is a fire fighter. A vote on the Resolution resulted as follows: Ayes (9) Brock, McGonigal, Nguyen, Murtagh, Gearhart, Fleming, Smith, Kerslick, Lewis Nays (0) Recusals (1) Mohlenhoff Carried (9-0-1) Approval and Authorization to Execute the Contract with the Chief Officers’ Unit Affiliate of the Ithaca Professional Fire Fighters Association By Alderperson Smith: Seconded by Alderperson Kerslick RESOLVED, That Common Council approves the agreement between the City of Ithaca and the Chief Officers Unit Affiliate of the Ithaca Professional Fire Fighters Association for a contract commencing January 1, 2016 and expiring December 31, 2020; and, be it further RESOLVED, That the Mayor is authorized to fully execute the agreement on behalf of the City. Alderperson Mohlenhoff stated that she would recuse herself from this vote as her spouse is a fire fighter. A vote on the Resolution resulted as follows: Ayes (9) Brock, McGonigal, Nguyen, Murtagh, Gearhart, Fleming, Smith, Kerslick, Lewis Nays (0) Recusals (1) Mohlenhoff Carried (9-0-1) MINUTES FROM PREVIOUS MEETINGS: 18.1 Approval of the Minutes of the October 12, 2017 Budget Meeting and the November 1, 2017, December 6, 2017, January 1, 2018, January 3, 2018 Common Council Meetings By Alderperson Brock: Seconded by Alderperson Murtagh RESOLVED, That the minutes of the October 12, 2017 Budget meeting, and the November 1, 2017, December 6, 2017, January 1, 2018, and January 3, 2018 Common Council meetings be approved as published. Carried Unanimously Motion to Enter Into Executive Session to Discuss Pending Litigation By Alderperson Kerslick: Seconded by Alderperson Smith RESOLVED, That Common Council enter into Executive Session to discuss pending litigation. Carried Unanimously Reconvene: Common Council reconvened into Regular Session with no formal action taken. ADJOURNMENT: On a motion the meeting adjourned at 11:00 p.m. ______________________________ _______________________________ Julie Conley Holcomb, CMC Svante L. Myrick City Clerk Mayor