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HomeMy WebLinkAboutMN-CC-2019-08-07COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 6:00 p.m. August 7, 2019 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 Director of Planning and Development - Cornish PLEDGE OF ALLEGIANCE: Mayor Myrick led all present in the Pledge of Allegiance to the American Flag. ADDITIONS TO OR DELETIONS FROM THE AGENDA: There were no additions to or deletions from the agenda. PROCLAMATIONS/AWARDS: Quarterly Employee Recognition Award: Mayor Myrick presented the Quarterly Employee Recognition Award to Code Inspector James Yarbrough. Mr. Yarbrough was recognized by a co-worker for his continual professionalism and positive attitude, and for taking initiative and consistently putting extra effort in to accomplishing tasks and projects in a quality manner. SPECIAL PRESENTATIONS BEFORE COUNCIL: Reports of Municipal Officials: Tompkins County Legislature Legislator Anna Kelles reported on the following:  There will be two special presentations on the recently adopted New York State laws that pertain to Renter protections on August 12, 2019 at 5:30 pm in in the Tompkins County Legislative Chambers. The presentations will include information on the updated laws regarding renter protections and landlord responsibilities, and the expansion of rent stabilization that allows municipalities to opt in if they have a 5% housing vacancy rate or less. The City’s percentage of rental housing is approximately 70%.  The Tompkins County Legislature did not approve the request to study the potential co-location of the Tompkins County Sheriff’s Office with the Ithaca Police Department, citing concerns about reduced response times to the Towns and Villages of Lansing and Dryden which constitute 65% of their calls. Approximately 15% of their calls are attributed to supporting the City of Ithaca. The Sheriff’s Office receives 34% of its taxpayer funding from the Lansing and Dryden areas and 20% of its funding from the City of Ithaca.  The Alcohol and Drug Council of Tompkins County was awarded a $7 million grant for a detoxication facility that will be located in Lansing. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: The following people addressed Common Council: Joel Harlan, City of Ithaca, addressed Council regarding various topics concerning economic development. Kate Salmon, City of Ithaca, spoke about institutional racism and the recent Ferguson and DeGroat cases. August 7, 2019 2 Fay Gougakis, City of Ithaca, voiced concerns about Lime bikes and suggested the creation of a database to document the locations where bicycles are being left. Elan Shapiro, Town of Ithaca, member of SURJ, addressed concerns regarding how the Ferguson and DeGroat cases were being handled. He noted that the City should extend a clear apology. Alejandra Colon, City of Ithaca, Transformative Movement Builders Youth Group, addressed issues related to sub-standard housing conditions in the City of Ithaca and Tompkins County. John Barradas, City of Ithaca, spoke about the purpose of zoning regulations, design guidelines, and infill housing. Pastor Michael-Vincent Crea, City of Ithaca, addressed issues of fair housing, reasonable accommodations under ADA law, and Section 8 housing. Gossa Tsegaye, City of Ithaca, voiced concern regarding traffic speeds in the West End and questioned what traffic calming measures could be implemented. PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR: Mayor Myrick responded to comments made regarding the West End traffic speeds and recommended that Mr. Tsegaye also reach out to the Board of Public Works to discuss potential traffic calming options. He also thanked the Formative Movement Builders for the work they are doing related to sub-standard housing and encouraged Ms. Colon to set up a meeting with him to discuss these issues further. Mayor Myrick further responded to comments made regarding the Ferguson and DeGroat case. He reported that the internal police investigation has been completed and the results of the investigation found that there were no punishable actions attributed to the police officers involved in the incident. He talked about the high standards set for the Ithaca Police Department and the challenges of recognizing when officers don’t meet those standards. He stressed the importance of letting the officers know when they have done something wrong and when the established rules for the department have not been followed. He acknowledged that it is impossible to know what was going on in the minds of the police officers at the time of the incident and noted that it is unlikely that implicit bias did not play a role in this situation as we live in a racist country. He stated that making amends with Mr. Ferguson and Ms. DeGroat needs to be settled between them, or their attorneys, and the City. It is not an issue subject to Common Council action. He said the City could commit to work collaboratively with the community on making changes to State law and union regulations that protect police officers when something goes wrong, along with the development of a civilian accountability system when incidents like this happen to ensure that thorough investigations are conducted. He further stated that the City would keep approaching this issue from all angles and referenced the 7 Point Plan of Reform for police actions. He noted that he wants IPD to be the most accountable and highest performing police department in the country and that can’t be done without earning the trust of the community. The Mayor stated that he believes there were things that Mr. Ferguson did right in terms of intervening with harassment and assault. He also stressed that it is very important to send a strong public message that it is never okay to assault a police officer. He acknowledged that in this case, Ms. DeGroat may not have known they were the police. Mayor Myrick stated that he would be willing to offer a public apology to them. He paraphrased James Baldwin in saying “not everything faced can be fixed but without facing our problems, nothing can be fixed”. He stated that he wasn’t sure that this situation could be fixed but if we face it honestly and all speak our truths, he is hopeful that we can get to true justice. Mayor Myrick further responded to comments made regarding Lime Bikes, noting that they have proven extraordinary useful and the usage numbers have been beyond what the city ever expected creating a renaissance in micro-mobility. August 7, 2019 3 Alderperson McGonigal voiced his appreciation for the Mayor’s words regarding the incident on the Commons involving these two young people. He stated that clearly mistakes were made. He recalled a story of about one of the police officers involved in this incident whereby he took it upon himself to purchase and install two basketball nets for the youth of West Village. He noted that mistakes can be made and can be magnified but that doesn’t make them bad officers. He further thanked Ms. Colon for her work on housing conditions, noting that it is a big problem. He further encouraged Pastor Crea to reach out to him to discuss his housing issues. Alderperson Brock thanked Ms. Colon for her work on the housing needs for the vulnerable. She addressed comments made regarding the Department of Social Services and Section 8 housing inspections and spoke about certificates of occupancy. She advocated for more education on tenant’s rights, noting that there are a lot of needs and people are being exploited because they don’t understand their rights. She also encouraged Pastor Crea to reach out to her and Alderperson McGonigal as she would like to learn more about his situation. Alderperson Fleming welcomed Mr. Harlan back to the Common Council meeting. CONSENT AGENDA ITEMS: City Administration Committee: 8.1 Youth Bureau - Amendment to 2019 Roster - Resolution By Alderperson Mohlenhoff: Seconded by Alderperson Lewis WHEREAS, the Youth Bureau recommends a modification to its roster that will allow meeting community needs within its approved budget while best utilizing staff strengths; and WHEREAS, the Youth Bureau has worked closely with the Human Resources Department to develop these proposed modifications; now, therefore be it RESOLVED, That the Personnel Roster of the Youth Bureau be amended effective July 1, 2019 as follows: Decrease: One (1) Recreation Program Coordinator from 40 hours to 35 hours Increase: One (1) Recreation Program Specialist from 35 hours to 40 hours Unfund: One (1) Cass Park Facilities Maintenance Worker (35 hours) Carried Unanimously 8.2 A Resolution Authorizing Implementation and Funding in the First Instance 100% of the Federal Aid-Eligible Costs and State “Marchiselli” Program-Aid Eligible Costs, of a Transportation Federal-Aid Project, and Appropriating Funds Therefore By Alderperson Mohlenhoff: Seconded by Alderperson Lewis WHEREAS, a Project for the State Street Retaining Wall, P.I.N. 375616 (the “Project”) is eligible for funding under Title 23 U.S. Code, as amended, that calls for the apportionment of the costs of such program to be borne at the ratio of 80% Federal funds and 20% non-federal funds; and WHEREAS, on September 7, 2016 and September 5, 2018, Common Council authorized the Design and Right-of-Way phases of the project and appropriated the sum of $816,400 for Capital Project #833 East State Street Retaining Wall to be made available for funding in the first instance of the federal aid portion and permanent funding of the local share of the Project; and August 7, 2019 4 WHEREAS, in the 2019 City Budget, Common Council authorized funding for the Construction and Construction Inspection phases for the sum of $3,735,600 to be made available for funding in the first instance of the federal aid portion and permanent funding of the local share of the Project; and WHEREAS, the City of Ithaca desires to advance the Project by making a commitment of 100% of the non-federal share of the costs of Preliminary Engineering/Design, Right- of-Way Incidentals, Right-of-Way Acquisition, Detailed Design, Construction and Construction Inspection; and WHEREAS, on July 17, 2018, the Board of Public Works acting as Lead Agency declared that the Project would have no significant negative environmental impacts in accordance with SEQR and CEQR; now, therefore be it RESOLVED, That the Common Council hereby approves the above-subject project; and, be it hereby further RESOLVED, That the Common Council hereby authorizes the City of Ithaca to pay in the first instance 100% of the federal and non-federal share of the cost of Preliminary Engineering/Design, Right-of-Way Incidentals, Right-of-Way Acquisition, Detailed Design, Construction and Construction Inspection work for the Project or portions thereof; and, be it further RESOLVED, That the sum of $4,552,000 ($816,400 authorized by Common Council on September 9, 2017 plus the $3,735,600 as authorized by Common Council in the 2019 approved City Budget) is made available to cover the cost of participation in the above phases of the Project; and, be it further RESOLVED, That in the event the full federal and non-federal share costs of the project exceeds the amount appropriated above, the Common Council of the City of Ithaca shall convene as soon as possible to appropriate said excess amount immediately upon the notification by the NYSDOT thereof; and, be it further RESOLVED, That the Mayor of the City of Ithaca be and is hereby authorized to execute all necessary Agreements, and the Superintendent of Public Works is hereby authorized to execute all necessary certifications or reimbursement requests for Federal Aid on behalf of the City of Ithaca with the New York State Department of Transportation in connection with the advancement or approval of the Project and providing for the administration of the Project and the municipality’s first instance funding of Project costs and permanent funding of the local share of federal-aid and state-aid eligible Project costs and all Project costs within appropriations therefore that are not so eligible; and, be it further RESOLVED, That this project be undertaken with the understanding that the final cost of the Project to the City of Ithaca will likely be roughly 10% of said portion, currently estimated at $450,000 of the $4,552,000 authorized for this portion of the project, in monies and in-kind services as managed by the Superintendent of Public Works and monitored by the City Controller; and, be it further RESOLVED, That a certified copy of this resolution be filed with the New York State Commissioner of Transportation by attaching it to any necessary Agreement in connection with the Project; and, be it further RESOLVED, This resolution shall take effect immediately. Carried Unanimously 8.3 A Resolution Authorizing Implementation and Funding in the First Instance 100% of the Federal Aid-Eligible Costs and Program-Aid Eligible Costs, of a Transportation Federal-Aid Project, and Appropriating Funds Therefore By Alderperson Mohlenhoff: Seconded by Alderperson Lewis WHEREAS, a Project for the Hector Street Complete Street, P.I.N. 395063 (the “Project”) is eligible for funding under Title 23 U.S. Code, as amended, that calls for the August 7, 2019 5 apportionment of the costs of such program to be borne at the ratio of 80% Federal funds and 20% non-federal funds; and WHEREAS, the City of Ithaca desires to advance the Project by making a commitment of 100% of the non-federal share of the costs of Advanced Engineering/Design, Construction and Construction Inspection; and WHEREAS, on July 5, 2017, Common Council authorized Sidewalk Improvement District #5 Capital Project #846 in the amount of $331,800 for the project, with the understanding that the City share would be $66,360; and WHEREAS, in July 2017, the Mayor signed a Master Agreement with New York State Department of Transportation (NYSDOT) for preliminary engineering/design in the amount of $331,000; and WHEREAS, the Board of Public Works, acting as the lead agency, declared on May 8, 2017, that the project would not have a significant negative environmental impact in accordance with the City Environmental Quality Review Ordinance and the New York State Environmental Quality Review Act; and WHEREAS, in the 2019 City budget Common Council authorized funding for construction in the amount of $2,104,000 to make available in the first instance of the federal portion and permanent funding of the local share of the budget, for a total project authorization of $2,435,800; and WHEREAS, NYSDOT will be providing a Supplemental Agreement for Construction and Construction Inspection that includes funding for both the original amount of $1,420,000 (as approved by the Ithaca-Tompkins County Transportation Council on June 27, 2017) and an additional $750,000 of local share (total project cost estimate of $2,500,000); now, therefore be it RESOLVED, That the Common Council hereby approves the above-subject project; and, be it further RESOLVED, That the Common Council hereby authorizes the City of Ithaca to pay in the first instance 100% of the federal and non-federal share of the cost of Advanced Engineering/Design, Construction and Construction Inspection work for the Project or portions thereof; and, be it further RESOLVED, That Common Council hereby amends Capital Project #846, Hector Street Complete Street, by an amount not to exceed $64,200, for a total project authorization of $2,500,000; and, be it further RESOLVED, That the additional $750,000 local share costs be paid from the following sources:  $350,000 approved via 2019 General Fund Capital Project program,  $76,000 approved via 2019 SID #5 capital project cost,  $55,000 of TAP unused ROW funds reallocated towards construction,  $40,000 approved via 2017 SID #5 that was deferred for Hector,  $20,000 approved via Town of Ithaca for their share of Town construction,  $209,000 from 2020 CHIPS reimbursement; ; and, be it further RESOLVED, That the total project authorization of $2,500,000 be funded by the issuance of serial bonds with later payment from the applicable Federal and State Aid portion; and, be it further August 7, 2019 6 RESOLVED, That in the event the full federal and non-federal share costs of the project exceeds the amount appropriated above, the Common Council of the City of Ithaca shall convene as soon as possible to appropriate said excess amount immediately upon the notification by the NYSDOT thereof; and, be it further RESOLVED, That the Mayor of the City of Ithaca be and is hereby authorized to execute all necessary Agreements, certifications or reimbursement requests for Federal Aid on behalf of the City of Ithaca with the New York State Department of Transportation in connection with the advancement or approval of the Project and providing for the administration of the Project and the municipality’s first instance funding of Project costs and permanent funding of the local share of federal-aid and state-aid eligible Project costs and all Project costs within appropriations therefore that are not so eligible; and, be it further RESOLVED, That this project be undertaken with the understanding that the final cost of the Project to the City of Ithaca General Funds will be roughly 14% of said portion, currently estimated at $350,000 of the $2,500,000 authorized for this portion of the project, in monies and in-kind services as managed by the Superintendent of Public Works and monitored by the City Controller; and, be it further RESOLVED, That a certified copy of this resolution be filed with the New York State Commissioner of Transportation by attaching it to any necessary Agreement in connection with the Project; and, be it further RESOLVED, This resolution shall take effect immediately. Carried Unanimously 8.4 Request to Amend Budget for the Cayuga Lake Blueway Trail and to Authorize the Mayor to Enter into an Agreement with Tompkins County for Reimbursement - Resolution By Alderperson Mohlenhoff: Seconded by Alderperson Lewis WHEREAS, on July 1, 2015, Common Council unanimously passed a resolution of support for a Consolidated Funding Application for the Cayuga Lake Blueway Trail sponsored by Tompkins County and included $20,000 in funding for the project; and WHEREAS, Tompkins County was successful in receiving state funding for the project; and WHEREAS, Tompkins County and the City have worked out a scope of work, including roles and responsibilities; and WHEREAS, one of the components is to install two new paddling ramps and docks (one in Stewart Park and one in Cass Park), both of which will require funding in the first instance that will be eligible for reimbursement; and WHEREAS, the total cost for the ramps and docks has been estimated at $50,000; and WHEREAS, the roles and responsibilities have been further described in a proposed Memorandum of Understanding between the City and the County; now, therefore be it RESOLVED, That Common Council hereby amends the 2019 authorized Engineering budget as follows by an amount not to exceed $30,000 in order to fund a paddling ramp and dock in Stewart Park and Cass Park: Increase Revenue Account A1440-3989 State Aid Other Home and Community $30,000 Increase Expense Account A1440-5435 Contracts $30,000 ; and, be it further August 7, 2019 7 RESOLVED, That the remaining funding necessary for said project shall be derived from $20,000 in funds previously encumbered for said project; and, be it further RESOLVED, All expenses made for said project are done with the understanding that all expenses will be eligible for reimbursement from Tompkins County, as project sponsor; and, be it further RESOLVED, That Common Council hereby authorizes the Superintendent of Public Works to enter into a Memorandum of Understanding for implementation of the Cayuga Lake Blueway Trail, upon the advice of the City Attorney and City Controller. Carried Unanimously PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE: 9.1 Resolution to Select Artwork for City Mural Program By Alderperson Murtagh: Seconded by Alderperson Smith WHEREAS, in 2010, the City created a mural and street art program to beautify blank walls within the city, while providing local artists from all sections of the community an opportunity to showcase their work; and WHEREAS, the Board of Public Works approved Columbia Street Pedestrian Bridge for future murals and street art, throughout the city, by resolution on May 11, 2015; and WHEREAS, Lynn Golan has submitted a proposal to paint a mural on a pier of the Columbia Street Pedestrian Bridge; and WHEREAS, the Community Life Commission formed a mural subcommittee to assess mural proposals, hold public comment and recommend proposals for consideration; and WHEREAS, the Mural Subcommittee held a public comment period on the mural designs and locations at its meeting on June 13, 2019 to gather input on the proposed murals, and the responses to the proposals have been mixed; and WHEREAS, the installation of the murals will be funded by the artists and will be budget-neutral to the City; and WHEREAS, at its meeting on June 17, 2019, the Community Life Commission voted to recommend that Common Council approve the mural project at their proposed locations on condition to consider the needed treatment of the surface and liability of painting on the site; now, therefore be it RESOLVED, That the City of Ithaca Common Council selects the proposals by Lynn Golan as recommended by the Community Life Commission, for installation on a pier of the Columbia St Pedestrian Bridge; and, be it further RESOLVED, That the selected artist may proceed with the installation of their murals upon the execution of an agreement with the City as reviewed by the City Attorney. Discussion followed on the floor regarding the column and how the angles make it look like it extends beyond the column, but it doesn’t. (Lewis) Mohlenhoff – thanked staff for coming up with new process through the Community Life Commission. A vote on the Resolution resulted as follows: Carried Unanimously CITY ADMINISTRATION COMMITTEE: 10.1 City Controller’s Report City Controller Thayer reported on the following:  2020 Budget – all departments have submitted their budgets. The pension and health insurance figures should be available in the next few weeks. August 7, 2019 8  The 2019 Final Assessment Roll is out but still subject to change based on property appeals. The assessment is up 2.03% from 2018. If the same tax rate ($11.60 per thousand) is used, there would be an increase of $478,000 in tax revenues. o 53.2% is commercial related o 41.3 % is residential related o 55.71% tax exempt property - 79% of that figure is related to Cornell University o These figures factor in to the Fire Service Contract with the Town of Ithaca. The Town will be paying 31.96% of fire service expenses. The Fire Service Contract expires at the end of 2019 o 1% tax rate increase = $241,000 of additional tax revenue The NYS Property Tax Cap starts at 2% or the CPI, whatever is less. The City’s tax cap rate for 2020 will start at 3.43%. The tax base growth factor is at 1.69%. A request to override the tax cap will be requested again this year. There was a Bond sale in late July. The City received a 2.77% interest rate on long term notes and a 1.63% interest rate on short term notes. Sales tax – collections are 2% ahead of 2018 collections Overtime – figures are higher than budgeted Building permits – revenue is at budget Parking revenue – revenues are higher than the projected budget Litigation expenses are higher than expected The June CPI is 1.6% giving a cumulative CPI to date of 1.7% Discussion followed on the floor regarding assessed values, mortgage taxes, equalization changes, and a drastic reduction in railroad assessments. Alderperson Brock reported on the law enforcement co-location study statistics from 2017 which noted that the City provided 21% of the funding to the Sheriff’s Office and the Sheriff’s Office responded to 2% of the calls that the City responded to in the city (approximately 400 calls). INDIVIDUAL MEMBER – FILED RESOLUTIONS: 13.1 Mayor Myrick – Amendment to Personnel Roster – Public Information and Technology - Resolution By Alderperson Mohlenhoff: Seconded by Alderperson Nguyen WHEREAS, as part of the 2019 budget, Common Council approved the addition of a second Network Integration Specialist position in the Department of Public Information and Technology; and WHEREAS, the job description and new position duties statement were approved by the Civil Service Commission on April 3, 2019; now, therefore be it RESOLVED, That the Personnel Roster of the Department of Public Information and Technology be amended as follows: Add: One (1) Network Integration Specialist ; and, be it further RESOLVED, That this position of Network Integration Specialist shall be designated as a confidential position pursuant to section 201.7(a) of New York State Civil Service Law and shall be assigned to the Confidential Employees Compensation Plan at salary grade 6; and, be it further RESOLVED, That for the sole purpose of determining days worked reportable to the New York State and Local Employees’ Retirement System, the standard workday for this Network Integration Specialist position shall be established at eight (8) hours per day (forty (40) hours per week); and, be it further August 7, 2019 9 RESOLVED, That funding for this roster amendment shall be derived from within the existing departmental budget, as approved by Common Council in the adopted 2019 budget. Carried Unanimously MAYOR’S APPOINTMENTS: 14.1 Appointments to Community Police Board – Resolution By Alderperson Lewis: Seconded by Alderperson Kerslick RESOLVED, That Michael Simons be appointed to the Community Police Board to fill a vacancy with a term to expire December 31, 2020; and, be it further RESOLVED, That Shari Korthuis be appointed to the Community Police Board to fill a vacancy with a term to expire December 31, 2021; and, be it further RESOLVED, That Daniel S. Feder be appointed to the Community Police Board to fill a vacancy with a term to expire December 31, 2021. Carried Unanimously REPORTS OF COMMON COUNCIL LIAISONS: Tompkins County Council of Governments Alderperson Fleming reported that there will be a community meeting Tuesday, August 13, 2019 at 5:30 pm at the Tompkins County Public Library, Borg Warner Room to discuss outreach efforts needed to obtain a complete census count for Tompkins County in 2020. The meeting is intended for people who work with communities at risk of being undercounted. She stressed the importance of everyone working together to make sure that everyone gets reached. MINUTES FROM PREVIOUS MEETINGS: Approval of the June 5, 2019 and July 17, 2019 Common Council Meeting Minutes – Resolution By Alderperson Nguyen: Seconded by Alderperson Smith RESOLVED, That the minutes of the June 5, 2019 Common Council meeting, and the minutes of the July 17, 2019 Special Common Council meeting be approved as published. Carried Unanimously Approval of the July 3, 2019 Common Council Meeting Minutes – Resolution Approval of the minutes of the July 3, 2019 Common Council Meeting were deferred to the September Common Council meeting. REPORT OF CITY ATTORNEY: Motion to Enter in to Executive Session By Alderperson Smith: Seconded by Alderperson Gearhart 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 8:00 p.m. ______________________________ _______________________________ Julie Conley Holcomb, CMC Svante L. Myrick City Clerk Mayor