HomeMy WebLinkAboutMN-CC-2018-11-07COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 6:00 p.m. November 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
Community Development Director – Bohn
Chief of Staff – Cogan
Youth Bureau Director - Klohmann
PLEDGE OF ALLEGIANCE:
Mayor Myrick led all present in the Pledge of Allegiance to the American Flag.
ADDITIONS TO OR DELETIONS FROM THE AGENDA:
No changes were made to the agenda.
PROCLAMATIONS/AWARDS:
Mayor Myrick proclaimed the City of Ithaca as a “Free Range Kid” City.
Rusty Keeler and Tierra Labrada accepted the proclamation and announced that there
would be a kick-off community conversation on November 29, 2018 from 6:00 – 7:30
pm at GIAC about how to make Ithaca a safe and welcoming place for “free range kids”.
SPECIAL ORDER OF BUSINESS:
4.1 Public Hearing on the Mayor’s Proposed 2019 City of Ithaca Budget
Resolution to Open Public Hearing:
By Alderperson Kerslick: Seconded by Alderperson Smith
RESOLVED, That the Public Hearing on the Mayor’s Proposed 2019 City of Ithaca
Budget be declared open.
Carried Unanimously
Rick Rogers, City of Ithaca resident and Community Police Board member, referenced
a letter of support that the Community Police Board sent to Common Council in support
of increased staffing for the Ithaca Police Department. He voiced his disappointment in
hearing Council members attempt to link the request for more officers to ongoing labor
negotiations with the Police Benevolent Association and stated that it was wrong to tie
those two issues together.
Resolution to Close Public Hearing:
By Alderperson Lewis: Seconded by Alderperson Kerslick
RESOLVED, That the Public Hearing on the Mayor’s Proposed 2019 City of Ithaca
Budget be declared closed.
Carried Unanimously
SPECIAL PRESENTATIONS BEFORE COUNCIL:
5.1 Report of Municipal Officials:
Anna Kelles, Tompkins County Legislator, reported on the following:
The Tompkins County Legislature will hold its final budget vote tomorrow night.
An amendment was made to add $45,000 into a contingency account for the
Community Outreach Worker Program. The County is interested in seeing this
program move from a pilot to a permanent program and believes that there
should be a comprehensive review of the program and the community’s needs.
November 7, 2018
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The Tompkins County Airport has received $14.2 million of grant funding from
the Governor’s Office towards their $26 million renovation project. Additional
grant funding is being sought.
The County has not included funding for the LEAD or REACH programs for 2019;
however, in-kind services are being provided to support the programs. The
intention was for LEAD to be a pilot program in the City for 1+ years. The County
will evaluate the success of the program and decide wheth er they want to
support it financially after that time.
A Mental Health Coordinator position is being proposed for funding by both the
County and the City at $25,000 each.
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
The following people addressed Common Council:
Adil Griguihi, Town of Ithaca, spoke about the recent shooting on the Commons and
urged Council to support increased staffing for the Ithaca Police Department.
Joe Wilson, Town of Dryden, discussed research conducted by Cornell University
regarding climate impacts on Tompkins County, including an increase in temperature
and precipitation, since 1980. He urged the City to create a plan to address climate
change.
Victoria Armstrong, City of Ithaca, Bike Walk Tompkins, thanked the Mayor and Council
for proclaiming Ithaca a “Free Range Kid” city and noted that Bike Walk Tompkins
would continue to work with the City to provide the appropriate infrastructure to support
this initiative.
Axel Hellman, OurBus, addressed the Intercity Bus Resolution stating that the $15 fee
per departure proposal doesn’t match their business operations model. He requested
that the Resolution be tabled for further discussion.
PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR:
Alderperson Murtagh responded to comments made about the City’s Green Building
Policy and noted that he would request an update on the initiative for a future Planning
and Economic Development Committee meeting. Mayor Myrick suggested that
Sustainability Planner Goldsmith be invited to the meeting to provide status updates on
the projects he is supporting on behalf of the City and Town of Ithaca.
Alderperson Mohlenhoff welcomed Beverly Stokes, YES Program Coordinator, and the
Ithaca Youth Council to the Common Council meeting.
CONSENT AGENDA ITEMS:
City Administration Committee:
8.1 Storage System “Behind the Meter” (BTM) Agreement Between NYSEG and
Ithaca Area Wastewater Treatment Plant - Resolution
By Alderperson Smith: Seconded by Alderperson Brock
WHEREAS, New York State Gas and Electric (NYSEG) is sponsoring a Behind the
Meter (BTM) Battery Storage System Demonstration Program through May 1, 2021;
and
WHEREAS, NYSEG is seeking to conduct this demonstration program at various
Commercial and Industrial sites meeting specific power usage and site location
requirements in NYSEG’s “Energy Smart Community”; and
WHEREAS, eligible Customers who participate in the program will help NYSEG test
new ways to make the electric grid more flexible and to include more renewable energy
sources into the existing system; and
WHEREAS, the Ithaca Area Wastewater Treatment Facility (IAWWTF) was determined
to be an eligible Customer after a preliminary review which included an inspection of the
premises and a review of historical electricity usage data by NYSEG; and
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WHEREAS, NYSEG desires to enter into an agreement with the IAWWTF for a BTM
program; and
WHEREAS, the conditions of the agreement provide a no cost to Customer BTM on the
premises; and
WHEREAS, the agreement provides the IAWWTF with guaranteed electricity bill
savings, increased control over energy usage, and increased sustainability; and
WHEREAS, the agreement projects a net electrical savings to the IAWWTF of $459.56
per month with a guaranteed net savings of at least 7%; and
WHEREAS, after a two year trial period, the IAWWTF will have the opportunity to
purchase the battery from NYSEG, renewing the subscription agreement, or
discontinuing the participation in the program; and
WHEREAS, the Special Joint Subcommittee (SJC) recommended the approval of said
contract at its regular meeting of September 19, 2018; now, therefore be it
RESOLVED, That Common Council authorizes a no cost BTM Demonstration
Agreement between the IAWWTF and NYSEG; and, be it further
RESOLVED, That the terms of the agreement will be from the Effective Date of
signature through May 1, 2021.
Carried Unanimously
8.2 A Resolution Authorizing Implementation, Funding, and Appropriating
Funds in the First Instance 100% of the Federal Aid-Eligible Costs and State
“Marchiselli” Program-Aid Eligible Costs, of a Transportation Federal-Aid Project
(“Local Pedestrian Safety Action Plan)
By Alderperson Smith: Seconded by Alderperson Brock
WHEREAS, a Project for the Pedestrian Safety Action Plan, P.I.N. 375650 (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 100% Federal
funds and 0% non-federal funds; and
WHEREAS, the City of Ithaca desires to advance the Project by making a commitment
of 100% of the non-federal share of the costs of Preliminary Engineering/Design; Right-
of Way Incidentals and Acquisition, Construction and Construction Inspection; and
WHEREAS, preliminary engineering and design are exempt from further environmental
review as Type II actions and the remainder of the project will be subject to
environmental review; now, therefore be it
RESOLVED, That the Common Council hereby approves the above-subject project,
subject to further environmental review of construction; and, be it further
RESOLVED, That the Common Council hereby authorizes the City of Ithaca to pay in
the first instance 100% of the federal and non-federal share of the cost of Preliminary
Engineering/Design, Right of Way Incidentals and Acquisition and
Construction/Construction Inspection work for the Project or portions thereof; and, be it
further
RESOLVED, That the sum of $590,000 is hereby appropriated from the issuance of
serial bonds and made available to cover the cost of participation in the above phase of
the Project; and, be it further
RESOLVED, That Common Council hereby creates Capital Project # 852, NYSDOT
Local Pedestrian Safety Action Plan, to include the Project costs of $590,000; and, be it
further
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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 o r 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 be roughly 0% of said portion, currently estimated
at $0 of the $590,000 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 n ecessary Agreement in
connection with the Project; and, be it further
RESOLVED, That this resolution shall take effect immediately.
Carried Unanimously
8.3 An Ordinance to Authorize Execution of Permanent Easement for 606
Madison Street
By Alderperson Smith: Seconded by Alderperson Brock
WHEREAS, Russell Maines, as representative for the owner of 606 Madison Street in
the City of Ithaca (Tax Map Parcel No. 44.-9-14, Sara Cacciotti Komaromi owner of
record) hereinafter referred to as “Applicant”, has requested a permanent easement
from the City into the adjacent Cascadilla Street right-of-way; and
WHEREAS, Applicant requests an easement to permit the following encroachment by
the primary structure into the City’s right of way:
An encroachment comprising of 4.125 square feet extending into the right of way for
Cascadilla Street, as more specifically shown in the survey map entitled “Survey Map
No. 606 Madison Street, City of Ithaca, Tompkins County, New York” prepared by Lee
Dresser of T.G. Miller PC on August 9, 2018, and which is hereby incorporated as
Exhibit A
; and
WHEREAS, City Code Section 170-5 vests Common Council with the authority to
convey a permanent easement across City property; and
WHEREAS, in consideration for the permanent easement, the applicant has agreed to
pay $2,600; and
WHEREAS, on October 16, 2018, the Board of Public Works declared the easement
area surplus property for municipal purposes and recommended Council’s authorization
of the easement request; and
WHEREAS, the City Charter requires approval by three-fourths of the Common Council
to authorize divestment of real property; and
WHEREAS, the City Charter further requires notice of a proposed sale to be published
no less than once each week for three weeks, the first such notice being published no
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less than 30 days prior to the approval vote, and such notices have been published;
now, therefore
ORDINANCE __ -2018
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as
follows:
Section 1. Legislative Intent and Purpose. The Common Council makes the following
findings of fact:
A. The above-described easement area is surplus for municipal purposes.
B. The above consideration is adequate for execution of this permanent
easement.
Section 2. Approval and Execution of Deed. The Common Council authorizes and
directs the Mayor, on the advice of the City Attorney, to execute documents as needed
to convey the above-described easement.
Section 3. Effective Date. This ordinance shall take effect upon publication.
Carried Unanimously
8.4 Authorization for Disbursement from Active Firemen’s Relief Fund -
Resolution
By Alderperson Smith: Seconded by Alderperson Brock
WHEREAS, Section C-94 of the City Charter establishes the Active Firemen’s Relief
Fund, from which disbursements of “temporary relief and benefits only, as the Common
Council shall determine” may be issued to “sick, indigent or disabled firefighters”; and
WHEREAS, such monies annually deposited into that Fund that are not disbursed in the
form of “temporary relief and benefits” are distributed annually to the City’s volunteer fire
company; and
WHEREAS, no disbursements in the form of “temporary relief and benefits” have been
made from that Fund in many years; and
WHEREAS, Lyman Baker has served the City of Ithaca as an active fire fighter
beginning in 1961; and
WHEREAS, Lyman Baker recently served in the capacity of volunteer Fire Police,
though he is no longer an active volunteer; and
WHEREAS, Mr. Baker has applied for a disbursement from that Fund; now, therefore
be it
RESOLVED, That the City Controller is authorized to disburse from the Active
Firemen’s Relief Fund to Lyman Baker an amount not to exceed $4,140.
Carried Unanimously
8.5 Approval for Distribution of Funds in Excess of $90,000 from the Active
Firemen’s Relief Fund - Resolution
By Alderperson Smith: Seconded by Alderperson Brock
WHEREAS, §C-94 of the City Charter authorizes the Common Council “to be trustees
of all moneys now constituting the Active Firemen’s Relief Fund, together with ½ of all
moneys that may hereafter be received by the City of Ithaca as a Fire Department tax
on premiums on policies of foreign and alien fire insurance companies pursuant to
§9104 and §9105 of the Insurance Law”; and
WHEREAS, §-94 of the City Charter grans Common Council authority “to distribute
such Fire Department tax moneys so received equally among each of the volunteer fire
companies of the City for the use and benefit of the Ithaca Fire Department and the
company or companies comprising the same so long as the balance of said relief fund
shall be at least the sum of $90,000”; and
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WHEREAS, there is $23,176.38 [$27,316.38 minus any amount paid to Lyman Baker
form the Active Firemen’s Relief Fund] surplus over the required $90,000 balance in the
active Firemen’s Relief Fund; now, therefore be it
RESOLVED, That the Common Council authorizes the City Chamberlain to distribute
the amount of $23,176.38 from the Active Firemen’s Relief Fund surplus to Neriton
Volunteer Fire Company #9.
Carried Unanimously
CITY ADMINISTRATION COMMITTEE:
9.1 Establishment of a Permit Fee for Intercity Buses – Resolution
Motion to Enter into Executive Session:
By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick
RESOLVED, That Common Council enter into Executive Session to discuss potential
litigation.
Carried Unanimously
Reconvene:
Common Council reconvened into Regular Session with no formal action taken.
Resolution:
By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick
WHEREAS, Section 346-31 of the City Code, entitled “Buses”, vests the Common
Council with sole discretion to issue bus permits for any entity operating “upon,
stop[ping] on or stand[ing] on any City street in the corporate limits of the City of Ithaca,
… pick[ing] up or discharg[ing] passengers on any such City street or curb, or any other
public property, or at or within 200 feet of any City bus stop in said corporate limits of
the City of Ithaca…”; and
WHEREAS, Chapter 170, “Use of City Real Property”, authorizes the City to establish
permit fees for use of City property; and
WHEREAS, in September 2018, in response to the closure of the West End bus depot,
Common Council authorized use of Green Street by intercity bus operations to continue
bus service to and from Ithaca, with such use commencing on October 1, 2018; and
WHEREAS, Common Council is interested in establishing a bus permit fee based on a
fair rental value for use of Green Street; now, therefore be it
RESOLVED, That in accordance with Section 346-31 and Chapter 170 of the City
Code, the Common Council hereby establishes an Intercity Bus Permit fee of $5 per
arrival/departure from Green Street for occupancy of the right-of-way for the purposes of
operating an intercity bus from Green Street; and, be it further
RESOLVED, That the above-established fee shall be multiplied by the number of
scheduled trips for each Intercity Bus Permittee as submitted to the Transportation
Engineer for a one-year period, running through the permit term of April 1 through
March 31, and shall be paid prior to the commencement of each annual permit term;
and, be it further
RESOLVED, The Intercity Bus Permit shall be memorialized in a permit agreement, and
the Superintendent, upon the advice of the City Attorney, is authorized to issue a
revocable permit for use by each Permittee containing standard terms and conditions
with regard to waiver of liability, indemnification of the City, and other pertinent matters;
and, be it further
RESOLVED, That the Common Council hereby authorizes the Board of Public Works to
modify the above-established Intercity Bus Permit fee from time to time, but retains the
sole legislative discretion as to issuance of bus permits; and, be it further
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RESOLVED, That upon City approval, all permittees shall be notified of the applicable
fee, and have the opportunity to immediately terminate the Intercity Bus Permit for no
cost or remit the applicable fee as calculated from October 1, 2018; and, be it further
RESOLVED, Common Council hereby revokes any bus permits authorized under
Section 346-31 for intercity bus use of Green Street issued prior to September 5, 2018.
Mayor Myrick explained the history of the closing of the bus station on the West End.
With a short amount of time to compensate for this loss, the City thought that Green
Street was the best option if the intercity buses were to be relocated. He elaborated on
the positive attributes of the site including the TCAT bus stop, the pharmacy that was
willing to assist with ticketing and the restaurants and hotels that are within walking
distance to the stop. He acknowledged that the bus staging s pace is tight and will
require approximately $200,000 of infrastructure work to make it a viable location. Work
would include realigning curbs, relocating parking spaces/loading zones, and adding
signage and pavement markings. In addition, there would be a loss of on -street parking
spaces/revenue. Mayor Myrick stated that he feels the public should be reimbursed for
these costs and related inconveniences and put forth the $15 arrival/departure fee. The
bus companies have rejected this proposal as they feel that $5 would be a fair fee.
Mayor Myrick stated that while he would like to charge the higher fee, he realizes that
there are other benefits to having the buses located downtown. He recommended
reducing the arrival/departure fee to $5. This was considered a friendly amendment by
the mover and seconder of the motion.
Alderperson Mohlenhoff stated that she sees a tremendous benefit to locating the
intercity buses downtown and noted that city staff has been working diligently to try to
make this solution work.
Alderperson Brock voiced her support for keeping the buses downtown but recognized
the impact this has had on city residents. She stressed the importance of having set
bus schedules at the beginning of the year vs. the flexibility model proposed so the bus
companies can make scheduling changes as needed. Mayor Myrick noted that there
are four bus companies utilizing a shared space. He recognized that there would be
surge situations such as holidays and the academic schedule but noted that these dates
are available years in advance. The City will not be able to tolerate double parking on
Green Street and disruptions to the traffic flow. Alderperson Mohlenhoff noted that
Common Council’s role is to regulate how many buses can be on the street at the same
time, not to set bus schedules.
Alderperson Kerslick thanked staff for all of the work they have done in an attempt to
make this work. He stated that he doesn’t believe the proposed fee will cover the costs
of the infrastructure upgrades and the staff time needed to make this solution work and
noted that scheduling buses is a means of promoting public safety.
Alderperson Nguyen noted that coordinating bus schedules is not a punitive action.
TCAT sees the value of connecting the intercity buses with the local transit system but it
takes an immense amount of coordination to ensure that the space is available to all
who need to use it.
Mayor Myrick noted that this remains a fluid situation that will continue to change as the
City tries to accommodate everyone’s needs (buses, travelers, businesses, TCAT,
residents, commuters).
A vote on the Resolution resulted as follows:
Carried Unanimously
9.2 Adoption of 2019 Budget – Resolution
By Alderperson Mohlenhoff: Seconded by Alderperson Smith
WHEREAS, this Common Council is now considering adoption of the Amended
Executive Budget for 2019 at its November 7, 2018 meeting, as approved by the
Committee of the Whole; and
November 7, 2018
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WHEREAS, it is the consensus of this Common Council that the total appropriations
and estimated revenues, as set forth in said Amended Executive Budget for 2019, and
as those amounts may be altered by action of this Common Council at its November 7,
2018 meeting, are adequate for the operation of the City during 2019; now, therefore be
it
RESOLVED, That this Common Council accepts and approves said Amended
Executive Budget for 2019, together with any additional changes made in said budget at
Council's November 7, 2018 meeting as the City of Ithaca Budget for 2019, in the total
amount of $76,419,721; and; be it further
RESOLVED, That the following sections of the 2019 Budget be approved:
A) General Fund Appropriations
B) Water Fund Appropriations
C) Sewer Fund Appropriations
D) Solid Waste Fund Appropriations
E) Sidewalk Special District Fund Appropriations
F) Stormwater Drainage Special District Fund Appropriations
G) General Fund Revenues
H) Water Fund Revenues
I) Sewer Fund Revenues
J) Solid Waste Fund Revenues
K) Sidewalk Special District Fund Revenue
L) Stormwater Drainage Special District Fund Revenue
M) Debt Retirement Schedule
N) Capital Projects
O) Schedule of Salaries and Positions - General Fund
P) Schedule of Salaries and Positions - Water & Sewer Fund
Q) Schedule of Salaries and Positions - Sidewalk Special District Fund
R) Schedule of Salaries and Positions - Solid Waste Fund
S) Schedule of Salaries and Positions – Stormwater Drainage Special District
Fund
T) Authorized Equipment - General Fund
U) Authorized Equipment - Water Fund
V) Authorized Equipment - Sewer Fund
W) Authorized Equipment - Solid Waste Fund
X) Authorized Equipment - Sidewalk Special District Fund Balance
Y) Authorized Equipment - Stormwater Drainage Special District Fund
Am ending Resolution:
By Alderperson Murtagh: Seconded by Alderperson Smith
RESOLVED, That an additional $5,000 be added to the budget to support the
Community Outreach W orker program, and that these funds be taken out of the fund
balance.
Ayes (9) Brock, Nguyen, Murtagh, Gearhart, Fleming, Smith, Kerslick,
Mohlenhoff, Lewis
Nays (1) McGonigal
Carried (9-1)
City Controller Thayer reported on the following changes that have been made to the
budget to adjust for the corrections made to the assessment roll and to accommodate
the $5,000 that was just added:
Sales tax was adjusted up
Interest income adjusted up
Assessment corrections resulted in a $56,000 reduction in property taxes
Increased amount of fund balance
Tax rate remains $11.60
Alderperson Brock stated that she would not vote in support of the budget due to the
design of the stormwater fee increases, not the intent of the fees. The fees represent a
60% increase to the budget. She voiced her opposition to an 81% increase in
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stormwater fees for commercial and high density residential properties and noted that
there has been little to no outreach, media attention or public information about the
impacts this would have on a large portion of the city. She noted that she would have
supported this initiative if it would have been implemented incrementally. She cited the
lack of transparency and accountability that was built into the program which could lead
to the funds being used for a purpose that was not intended. She commented that
otherwise, she likes this budget and is a strong advocate of the stormwater work and
that is why she wants to ensure that the fees are only used for that purpose .
Alderperson Lewis stated that she can appreciate the need for transparency and
accountability but doesn’t believe that th ese fees will result in a huge increase for
property owners. Alderperson Smith responded that by including the $747,000 on
property taxes, it would require that the tax rate be increased by $.37 per $1,000
resulting in an $83.25 increase in property taxes per year for the median priced home;
however, by including it in the water and sewer bill it would result in a $41.76 fee per
year for a home that uses the minimum amount of water, which a substantial portion of
the city’s users do. Alderperson Brock clarified that it would be $9 set fee to residential
homeowners and it is not dependent on the amount of water used; however, large
commercial properties owners like Carpenter Business Park, Wegmans, Collegetown
Terrace, and Walmart, would see an 81% increase in fees and many of these properties
are in the First Ward.
Alderperson Murtagh reported that the Director of the Southside Community Center has
reached out with a final plea for the inclusion of funding for a proposed new position. If
it is not approved, the Director would like to meet with Common Council in the future to
discuss their funding concerns moving forward.
Alderperson Kerslick noted that he shares the concerns expressed regarding the
transparency of the proposed stormwater program and would like to move toward better
accounting in the future. He noted that this initiative is meant to help the City cover
some of the costs related to stormwater operations. He stated that this is structured in a
way that provides incentives to commercial properties to address larger impermeable
surfaces that cause some of the stormwater issues and doesn’t require the owners of
smaller properties to subsidize those costs. Alderperson Brock noted that the City is
located at the base of a valley surrounded by three hills; the water is coming from the
hills not from the commercial properties in the Southwest area of the city, it simply
collects there.
Mayor Myrick noted that he found the Southside Community Center arguments
compelling and part of a long-range plan. He stated that if the requested funding
doesn’t make it in the budget this year, he looks forward to working with them over the
next year to see how the City could support the Center’s progress. Alderperson Smith
noted that the Center is doing well and is bringing in grant funding from many different
sources. He voiced his support for approving the $29,000 request now.
Amending Resolution:
By Alderperson McGonigal: Seconded by Alderperson Murtagh
RESOLVED, That $10,000 be added to the budget to partially fund a position at the
Southside Community Center, and that these funds be taken out of the fund balance.
City Controller Thayer reported on the status of fund balance. He explained that if all
funds were used as appropriated and budgeted from the fund balance in the 2018 and
2019 budgets, it would take the fund balance to 13.6% of operations. Best practices
recommend that the fund balance remain between 10% - 20% of operating costs as
rating agencies look at this level for bond rating purposes and the City runs into cash
flow issues when the balance runs below 10%. He urged cautious use of the fund
balance as it restricts the City’s flexibility moving forward. This request would result in a
$.01 increase in tax rate.
Alderperson Brock suggested that perhaps City should raise the tax rate by $.01 rather
than using the fund balance if the new rate remains below the tax cap. After further
discussion, it was determined that $.01 would still fall under the tax cap and it was
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considered a Friendly Amendment to switch the proposed funding mechanism from the
fund balance to the tax rate.
Alderperson Fleming noted that this issue didn’t receive a Second during the budget
deliberations and if this request is re-opened, she would be interested in opening up the
full list to review other items that people wanted to support but couldn’t.
Further discussion followed on the floor regarding the intent and impact of only partially
funding the request, and what the money would be used for.
A vote on the Amending Resolution resulted as follows:
Ayes (4) McGonigal, Nguyen, Smith, Murtagh
Nays (6) Brock, Gearhart, Fleming, Kerslick, Mohlenhoff, Lewis
Failed (4-6)
Main Motion As Amended
A Roll Call vote on the 2019 Budget as Amended resulted as follows:
Alderperson Brock – Nay Alderperson McGonigal – Aye
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 (9-1)
9.3 Adoption of 2019 Tax Rate – Resolution
By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick
WHEREAS, the 2019 City of Ithaca Budget was approved, adopted, and confirmed in
the total amount of $76,419,721 on November 7, 2018, in accordance with a detailed
Budget on file in the Office of the City Controller; and
WHEREAS, available and estimated revenues total $52,805,963 leaving $23,613,758
as the amount to be raised by taxation; and
WHEREAS, the Assessment Roll for 2019 certified and filed by the Assessment
Department of Tompkins County, has been footed and approved and shows the total
net taxable valuation as $2,035,668,800; and
WHEREAS, under Charter provisions, the tax limit for City purposes amounts to
$36,490,760 for 2019; now, therefore, be it
RESOLVED, That the tax rate for general purposes, for the fiscal year 2019, be, and
the same hereby is, established and fixed at $11.60 per $1,000 of taxable valuation as
shown, certified and extended against the respective properties on the 2019 Tax Roll,
thereby making a total tax levy, as near as may be, of $23,613,758; and, be it further
RESOLVED, That the amount of said tax levy be spread, and the same hereby is levied
upon and against the respective properties as shown on said City Tax Roll, in
accordance with their respective net taxable valuation, at the rate of $11.60 per $1,000
of such taxable valuation; and be it further
RESOLVED, That the City Chamberlain be, and hereby is, directed to extend and
apportion the City Tax as above, and that upon the completion of the extension of said
Roll, the City Clerk shall prepare a warrant on the City Chamberlain for the collection of
said levy; and the Mayor and the City Clerk hereby are authorized and directed to sign
and affix the corporate seal to such warrant and forthwith to file the same with said Tax
Roll with the City Chamberlain; and, be it further
RESOLVED, That upon the execution and filing of said warrant and Tax Roll with the
City Chamberlain, the amounts of the City Tax set opposite each and every property
shall hereby become liens, due, payable and collectible in accordance with provisions of
the City Charter and other laws applicable thereto; and, be it further
November 7, 2018
11
RESOLVED, That the total sum of $76,419,721 be appropriated in accordance with the
adopted Budget to the respective Boards, Offices, and Departments of the City, for the
purposes respectively set forth therein. The 2019 Assessment Roll has been completed
and approved by the Assessment Department of Tompkins County and resulted in the
following valuation:
Total Value of Real Property $ 4,617,376,621
Less: Value of Exempt Property $ 2,613,782,000
$ 2,003,594,621
Plus: Value of Special Franchises $ 32,074,179
Net Value of Taxable Property $ 2,035,668,800
A Roll Call vote on the 2019 tax rate resulted as follows:
Alderperson Brock – Nay Alderperson McGonigal – Aye
Alderperson Nguyen – Aye Alderperson Murtagh – Aye
Alderperson Gearhart – Aye Alderperson Fleming – Aye
Alderperson Smith – Aye Alderperson Kerslick – Aye
Alderperson Mohlenhoff – Aye Alderperson Lewis – Aye
Mayor Myrick - Aye
Carried (10-1)
9.4 Adoption of 2019 Ithaca Area Wastewater Treatment Plant Budget -
Resolution
By Alderperson Mohlenhoff: Seconded by Alderperson Brock
WHEREAS, this Common Council is now considering adoption of the Amended Joint
Activity Fund Budget for 2019, as approved by the Committee of the Whole; and
WHEREAS, it is the consensus of this Common Council that the total appropriations
and estimated revenues, as set forth in said Amended Joint Activity Fund Budg et for
2019, and as those amounts may be altered by action of the Common Council at its
November 7, 2018 meeting, are adequate for the operation of the Ithaca Area
Wastewater Treatment Plant during 2019; now, therefore be it
RESOLVED, That this Common Council accepts and approves said Amended Joint
Activity Fund Budget for 2019, together with any additional changes made in said
budget at Council’s November 7, 2018 meeting, as the Ithaca Area Wastewater
Treatment Plant Joint Activity Fund Budget for 2019, in the total amount of $4,398,740;
and, be it further
RESOLVED, That the following sections of the 2019 Ithaca Area Wastewater Treatment
Plant Joint Activity Fund Budget be approved:
A) Joint Activity Fund Appropriations
B) Joint Activity Fund Revenues
C) Schedule of Salaries and Positions – Joint Activity Fund
D) Authorized Equipment – Joint Activity Fund
A Roll Call vote resulted as follows:
Alderperson Brock – Aye Alderperson McGonigal – Aye
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 Unanimously
November 7, 2018
12
9.5 A Local Law entitled “Confirmation of the Sidewalk Improvement District
Assessments, Budget, and Schedule of Work for Fiscal Year 2019”
By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick
LOCAL LAW No. 2018-
BE IT ENACTED by the Common Council of the City of Ithaca as follows:
Section 1. Legislative Findings, Intent, and Purpose.
Pursuant to Municipal Home Rule Law Section 10(1)(ii)(c)(3) the City of Ithaca is
authorized to adopt a local law relating to the authorization, making, confirmation, and
correction of benefit assessments for local improvements.
The Common Council has reviewed the assessments, budget, and schedule of work
recommended by the Board of Public Works for Fiscal Year 2019, and makes the
following findings of fact:
A. The public hearing prior to confirmation required by Section C -73 has
been held, and all owners of property subject to a SID assessment
appearing to speak before Council have had an opportunity to do so.
B. The attached schedule of work, as recommended by BPW and previously
subject to review by Council, constitutes a set of local improvements, the
cost of which should be assessed against the properties located in the SID
in which the work is to be performed.
C. The attached budget, and the related assessments reflected on the
assessment roll kept on file with the City Clerk, are necessary to defray
the cost of construction and maintenance of sidewalk in the City, and
Council has made a legislative judgment that each property in each SID is
being assessed in proportion to the benefit received by that property from
the sidewalk construction and repair contained in the schedule of work.
Section 2. Confirmation of the Assessments, Schedule of Work, and Budget.
The Common Council approves and confirms the assessment roll, a copy of which is
maintained in the City Clerk’s office, and the budget and schedule of work attached
hereto, and imposes a lien upon each property so assessed as set forth in the
assessment roll.
In the event there are additional funds available following completion of the schedule of
work, or changes to the work plan are required for financial, engineering, or other
reasons, the Superintendent of Public Works or his or her designee may alter the
schedule of work in his or her discretion, as instructed by the Board of Public Works
from time to time; provided, however, that if such actions affect ten percent or more of
any Sidewalk Improvement District’s annual levy, such actions must be approved by
resolution of the Board of Public Works.
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.
Section 4. Effective and Operative Date.
This Local Law shall be effective immediately after filing in the office of the Secretary of
State.
A roll call vote resulted as follows:
Alderperson Brock – Aye Alderperson McGonigal – Aye
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 Unanimously
November 7, 2018
13
9.6 Adjustment of the Managerial Compensation Plan - Resolution
By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick
WHEREAS, in 2015, the City of Ithaca implemented a new management compensation
plan, which sought to address internal equity concerns, the City’s ability to attract quality
talent, and compression issues that resulted from a lack of salary increases in multiple
prior years; and
WHEREAS, in order to mitigate the financial impact, the plan was phased in over a
period beginning on January 1, 2015, and ending on January 1, 2017; and
WHEREAS, although implemented between January 1, 2015 and January 1, 2017, the
managerial compensation plan was based on market data from 2011-2012, with no
subsequent cost of living adjustments, and, as a result, the plan lags behind the market;
and
WHEREAS, several of the City’s last few managerial hires were above the entry rate,
due to internal compression or external equity issues; and
WHEREAS, in addition to recruitment issues, several managerial staff have not
received increases in the last two to four years; and
WHEREAS, Human Resources is recommending adjusting the plan to address the
City’s ability to attract talent, reduce internal inequities, and move the City plan closer to
the current market rate; now, therefore be it
RESOLVED, That the current Management Compensation Plan be amended by
deleting the entry level (step one) and adding a new step five (5) that produces a 20%
spread between the lowest and the highest step, effective April 1, 2019; and, be it
further
RESOLVED, That on April 1, 2019, all managerial staff who were on step 5 of the 2015 -
2017 Management Compensation Plan on January 1, 2019, shall move to step 5 of the
2019 Management Compensation Plan; and, be it further
RESOLVED, That on April 1, 2019, all managerial staff who were below step 5 of the
2015-2017 Management Compensation Plan on January 1, 2019, shall be slott ed into
the salary step that reflects their current salary, and shall continue to move one salary
step annually on their respective anniversary dates, in accordance with the existing
procedure; and, be it further
RESOLVED, That starting January 1, 2019, the position of Chief of Staff, which is not
currently included in the Management Compensation Plan, shall be compensated at a
level indexed to Grade 12, Step 3 of the 2015 Management Compensation Plan; and,
be it further
RESOLVED, That on April 1, 2019, all positions indexed to the 2015 Managerial
Compensation Plan shall continue to be indexed to the 2019 Management
Compensation Plan and shall subsequently follow the salary adjustments for managerial
staff as outlined above; and, be it further
RESOLVED, That Common Council hereby directs the City Controller to release funds
placed in Restricted Contingency as part of the 2019 Authorized Budget for the
Management Compensation Plan adjustments and allocate said funds to various
Departments as applicable.
Carried Unanimously
Alderperson Mohlenhoff expressed her thanks to all departments and staff for their work
on this budget, noting that she appreciated the friendly, collegial discussions even when
there were disagreements.
Alderperson Kerslick voiced his thanks to Alderperson Mohlenhoff, noting that it was a
difficult budget, but she did a great job facilitating all of those conversations.
November 7, 2018
14
Mayor Myrick also offered his thanks to Alderperson Mohlenhoff for continuing to
innovate the budget process and noted the many improvements she has implemented
through the years. He further expressed his thanks to City Controller Thayer and Chief
of Staff Cogan for all of their work in keeping staff and the public educated about the
budget.
9.7 City Controller’s Report:
City Controller Thayer voiced his thanks to the Mayor, Chief of Staff, and Common
Council for all their good work, noting the difficult conversations and decisions that had
to be made. He also offered his thanks to all staff for their cooperation throughout the
budget process.
PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE:
10.1 Allocation of New York State Administered Community Development Block
Grant (CDBG) Program Income - Resolution
By Alderperson Murtagh: Seconded by Alderperson Brock
WHEREAS, New York State has announced a policy change regarding retention of
Community Development Block Grant (CDBG) program income by current and past
recipients of the CDBG program administered by New York State; and
WHEREAS, New York State now requires communities in possession New York State
(NYS) Administered CDBG Program Income to use such funds for CDBG-eligible uses
by March 31, 2019 or return the funds to New York State; and
WHEREAS, the City of Ithaca received CDBG grant awards from New York State Small
Cities competitive CDBG program from 2000-2003, before being designated as a HUD
Entitlement grantee in 2004 and transitioning to fed eral administration of CDBG funds;
and
WHEREAS, CDBG program income is created when initial CDBG investments result in
income received by the grantee, such as loan repayments; and
WHEREAS, in 2003, the City of Ithaca received CDBG funds to provide loan a ssistance
for the Hilton Garden Inn hotel project to create jobs for low- and moderate-income
persons; and
WHEREAS, CDBG program income in the form of loan repayments from this economic
development activity are projected to total over $561,000 by March 31, 2019; and
WHEREAS, the Ithaca Urban Renewal Agency (IURA) administers CDBG funds on
behalf of the City; and
WHEREAS, the IURA recommends NYS administered CDBG program income be
invested in the following projects:
Cherry St. public road extension, and
S. Aurora Street sidewalk extension (Hillview Place to City/Town line), and
WHEREAS, the Cherry St. public road project is an eligible CDBG economic
development activity that will create at least 5 jobs for low- and moderate-income
persons at Emmy’s Organics, Inc. who is constructing a production facility at the end of
the road extension; and
WHEREAS, the S. Aurora Street sidewalk project is an eligible CDBG public facility
activity serving a low- and moderate-income neighborhood; and
WHEREAS, the Town of Ithaca has been awarded federal funding to construct
sidewalks along Rt. 96B from Ithaca College to the City/Town boundary leaving an
approximately 1,500 linear foot gap to connect with the existing city sidewalk network
that ends at Hillview Place; and
November 7, 2018
15
WHEREAS, CDBG funding for the S. Aurora Street sidewalk project is estimated to
provide sufficient funding for approximately 1,200 linear feet of sidewalk; and
WHEREAS, environmental review was completed by the Board of Public Works for the
Sidewalk extension on May 15, 2018, and by the Planning and Development Board
September 25, 2018 for the Cherry St. project on September 25, 2018, which resulted in
findings that the projects will result in no significant impact on the environment and
issuance of negative declarations; and
WHEREAS, an October 10, 2018 public hearing was held on this matter; now, therefore
be it
RESOLVED, That the City of Ithaca Common Council hereby allocates up to $561,583
of New York State administered CDBG program income in possession of the City of
Ithaca as follows:
1. Project: Cherry Street Industrial Park Road Extension
Funding: Up to $175,000
Description: Construct approximately 400 ft. linear feet of public street at
The end of Cherry Street extension;
2. Project: South Aurora Street (Rt. 96B) Sidewalk Extension
Funding: Up to $386,583
Description: Construct a continuous sidewalk along Route 96B from
Hillview Place toward the City/Town boundary;
; and, be it further
RESOLVED That the IURA is authorized to request approval from the NYS Office of
Community Renewal of the intended use of CDBG program income funds and
demonstrating that the use will meet a national objective and all CDBG requirements.
Alderperson McGonigal questioned whether this project was already set or if there was
some flexibility. Community Development Director Bohn noted that this action would
only provide funding, the project would still require approval from the Board of Public
Works. Mayor Myrick noted that it may be important to get Ithaca College involved in
this initiative.
Alderperson McGonigal noted that putting a sidewalk on the east side of the street will
impact the front yards of many properties, and there are already sidewalks on the west
side of the street. He would like to see issues such as sidewalk maintenance, snow
removal, and installing a crosswalk and traffic light at Grandview Avenue as a potential
traffic calming measure, be addressed before the project is finalized.
Friendly amendments were made to the first Resolved clause that removed the
specificity of a sidewalk extension on the east side of South Aurora Street.
Further discussion followed on the floor regarding pedestrian safety imp rovement
grants, other amenities might be eligible for the project, and alternate traffic calming
measures.
A vote on the Resolution resulted as follows:
Carried Unanimously
10.2 Ithaca Urban Renewal Agency – Housing and Urban Development (HUD)
Entitlement Program, 2018 Action Plan - Program Amendment #2, Ithaca
Neighborhood Housing Services (INHS) Scattered Site 2 (project #7) - Resolution
By Alderperson Murtagh: Seconded by Alderperson Brock
WHEREAS, the City adopted 2018 Action Plan allocated $100,000 in HOME funds to
assist the Scattered Site Phase 2: New Construction project (Project) sponsored by
Ithaca Neighborhood Housing Services, Inc. (INHS); and
November 7, 2018
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WHEREAS, the Project included redevelopment of the site located at 150 N. Albany
Street, owned by the Salvation Army, for new construction of an approximately 42 -unit
affordable housing project; and
WHEREAS, on September 6, 2018, the IURA received notice from INHS that the 150 N.
Albany Street project will not be ready for submission for the annual NYS Unified
Funding in December 2018, and requested re-allocation of the HOME funds to a
substitute affordable housing project including reconstruction and rehabilitation of 29
rental housing units at the following locations:
203-209 Elm Street
111 W. Clinton Street
406 S. Plain Street
227 S. Geneva Street
502 W. Green Street, and
WHEREAS, development of the 150 N. Albany Street project is now projected to be
submitted for State funding in December 2019; and
WHEREAS, the HUD Citizen Participation Plan requires a public hearing and Common
Council approval for substantial amendments to the Action Plan; and
WHEREAS, a change in the location of the original Project and a change in the use of
funds from new rental housing construction to reconstruction and rehabilitation of
existing rental units qualifies the requested action as a substantial program amendment;
and
WHEREAS, at their September 27, 2018 meeting, the IURA recommended approval of
reallocation of HUD funds for the proposed substitute INHS affordable housing project;
now, therefore be it
RESOLVED, That the Common Council of the City of Ithaca hereby approves program
amendment #2 to the 2018 HUD Action Plan, as follows:
REVISED PROJECT – Program Amendment #2, 2018 Action Plan
Sponsor: Ithaca Neighborhood Housing Services, Inc.
Project Name: Scattered Site 2
Funding Amount: $100,000
Funding Source: HOME
Project Locations: 203-209 Elm St. (demolition and reconstruction)
111 W. Clinton St. (rehabilitation)
406 S. Plain St. (rehabilitation)
227 S. Geneva St. (rehabilitation)
502 W. Green St. (rehabilitation)
Project Type: Reconstruction and Rehabilitation of Rental Housing
Number of Housing Units: 29
ORIGINAL PROJECT – To be Defunded in the 2018 Action Plan
Sponsor: Ithaca Neighborhood Housing Services, Inc.
Project Name: Scattered Site Phase 2: New Construction
Funding Amount: $100,000
Funding Source: HOME
Project Location: 150 N. Albany St.
Project Type: New Construction of Rental Housing
Number of Housing Units: 42
Alderperson McGonigal recused himself from the discussion and vote on this Resolution
as he is working on this project.
November 7, 2018
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A vote on the Resolution resulted as follows:
Ayes (9) Brock, Nguyen, Murtagh, Gearhart, Fleming, Smith, Kerslick,
Mohlenhoff, Lewis
Nays (0)
Recusals (1) McGonigal
Carried (9-0-1)
MAYOR’S APPOINTMENTS:
By Alderperson Lewis: Seconded by Alderperson Kerslick
14.1 Appointment to Building Code Board of Appeals – Resolution
RESOLVED, That Brian Grout be appointed to the Building Code Board of Appeals to
replace Richard Guttridge with a term to expire December 31, 2019; and be it further
14.2 Reappointment to Ithaca Housing Authority Board – Resolution
RESOLVED, That Joe Gibson be reappointed to the Ithaca Housing Authority Board
with a term to expire October 17, 2023.
Carried Unanimously
REPORTS OF COMMON COUNCIL LIAISONS:
Ithaca Urban Renewal Agency
Alderperson Lewis stated that she sent out her IURA notes earlier this afternoon. There
will be a joint meeting of Common Council and the IURA Board on November 13, 2018
to discuss the Green Garage project proposals. Alderperson Mohlenhoff noted that she
would not be able to attend that meeting.
Commissions
Alderperson Mohlenhoff reported that she and Chief of Staff Cogan are trying to meet
with the Council Liaisons and Commission Chairs to discuss what is and is not working
well and to explore potential new processes for the Commissions. There are vacancies
on each Commission and they will be seeking assistance from Council in recruiting new
applicants.
TCAT
Alderperson Nguyen reported on the success of the electric bus demonstration. It takes
18 months between ordering and the delivery of new buses. He noted that the buses
have a high pitch whine that the vendor will try to mitigate; however, the noise is still
lower in decibels than the diesel buses. The speeds tested well on Route 13 north and
every seat has a USB port.
Special Joint Committee (SJC)
Alderperson Brock noted that there is a lot of energy regarding development in the
surrounding areas which has initiated discussion among the Town and Village of
Lansing, the Town of Dryden, the Town of Ithaca, the Village of Cayuga Heights and the
City of Ithaca regarding sewer capacity. The Town of Lansing is very interested in
expanding development. The Cayuga Heights wastewater treatment facility is at
capacity and is looking to redirect sewage to the Ithaca Area Wastewater Treatment
Plant (IAWWTP) for treatment. Staff from Cayuga Heights, the Town of Ithaca, and the
City are spending a lot of time studying infiltration and inflow in an attempt to maximize
treatment capacity.
The SJC voted to publish a public notice of violation of Ithaca Beer as they have not
been able to meet notices of compliance put forward by the IAWWTP over the past two
years. The violation involves material that is being sent to the catchment system with
extreme ranges of PH and temperatures. The violation should be published sometime
this week. All of the municipalities are looking at their codes and review processes to
make sure that plumbing inspections are part of every industrial review.
Cornell / City Working Group
Alderperson Gearhart reported that Cornell is offering tours of their power plant to
interested Council members. These tours would be an educational element of the
proposed campus expansion project. Alderperson Brock expressed her interest in a
tour.
November 7, 2018
18
MINUTES FROM PREVIOUS MEETINGS:
18.1 Approval of the October 3, 2018 Common Council Meeting Minutes -
Resolution
Approval of the minutes of the October 3, 2018 Common Council Meeting was deferred
to the December meeting.
ADJOURNMENT:
On a motion the meeting adjourned at 8:25 p.m.
______________________________ _______________________________
Julie Conley Holcomb, CMC Svante L. Myrick
City Clerk Mayor