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HomeMy WebLinkAboutMN-CC-2012-04-04COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 6:00 p.m. April 4, 2012 PRESENT: Mayor Myrick Alderpersons (9) Brock, Dotson, Murtagh, Clairborne, McCollister, Fleming, Rooker, Kerslick, Proulx OTHERS PRESENT: City Clerk – Conley Holcomb City Attorney – Lavine City Controller – Thayer Superintendent of Public Works – Gray EXCUSED: Alderperson Mohlenhoff PLEDGE OF ALLEGIANCE: Mayor Myrick led all present in the Pledge of Allegiance to the American Flag. ADDITIONS TO OR DELETIONS FROM THE AGENDA: Alderperson Brock requested the removal of Item 8.7 – Appointment of a Marriage Officer, from the consent agenda. Mayor Myrick noted that this item will be considered after the consent agenda items. Mayor Myrick requested the addition of a Motion to Enter into Executive Session to discuss a potential legal settlement. No Council member objected. SPECIAL PRESENTATIONS BEFORE COUNCIL: Bicycle Pedestrian Advisory Council Daniel Keough, member of the Bicycle Pedestrian Advisory Council, addressed Common Council regarding the re-establishment of the Council, and to highlight some current issues they will be discussing. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: The following people addressed Common Council to discuss: • Gary Ferguson, Downtown Ithaca Alliance Director – urged support of the proposed combined heat and power resolution for the Commons • Jason Henderson, voiced opposition to the city’s mobile vending program • Susan Titus, expressed opposition to the removal of trees on The Common as part of the Commons Repair and Upgrade Project • Steven DeWitt and Elizabeth Cree, Tompkins County Board Elections, urged Common Council to support the Redistricting Committees proposal for 4 wards due to budget constraints • Garin Danner, City of Ithaca, encouraged Common Council to change the City’s sidewalk policy and spoke about the financial burden it imposes on property owners • Betsy Darlington, City of Ithaca, expressed support for change to the City’s sidewalk policy that would make the City responsible for the installation and maintenance of sidewalks – rather than property owners • Joel Harlan, Town of Newfield, voiced support for local activism April 4, 2012 2 • Dan Hoffman, City of Ithaca, encouraged Common Council to carefully consider its approach to the sale of city-owned property. He voiced concern about the property on Cherry Street. PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR: Mayor Myrick reported that he met Governor Cuomo earlier today and thanked him for including funding for the treatment of hydrilla in the 2013 State budget, and discussed possible Economic Development Council funding requests for the Commons project. Alderperson McCollister responded to comments made regarding the city’s sidewalk program. She noted that there is a need for better communication and coordination between the Board of Public Works and Common Council. Alderperson Proulx thanked all of the speakers for sharing their thoughts. He noted that the City is a very complex organization to run, and it is time to figure out how to effectively coordinate all the Boards and Committees and move issues forward. Alderperson Murtagh thanked the staff from the Board of Elections for their comments about redistricting, and noted there are a lot of issues that need to be considered. He further announced that April 21, 2012 is “Ithaca is Community!” Service Day. It is a great event designed to create an opportunity for community members to give back to the community. Alderperson Brock responded to comments made about mobile vending. She also stated that she is happy that BPAC has been re-established, and noted that current quorum requirements are burdensome on BPAC’s ability to function effectively and suggests action be taken to change the City Code. Alderperson Dotson responded to comments made about the sale of city property. City Attorney Lavine also responded to comments made about the sale of city property. He noted that the City has an opportunity to route the use of city property through the Ithaca Urban Renewal Agency, which could include buffer zones to protect the City’s wetlands. Alderperson Clairborne expressed support for comments made about the need to change the City’s current sidewalk policy. He responded to the concerns raised by the staff of the Board of Elections regarding redistricting proposals, and the sale of city property. He further commented on stories in the media regarding the Ithaca Police Department, and how they impact city residents. Mayor Myrick responded to the comments made about the Ithaca Police Department. CONSENT AGENDA ITEMS: City Clerk’s Office: 8.1 Mia Noodle Bar and Restaurant Alcohol Permit Request - Resolution By Alderperson Rooker: Seconded by Alderperson Kerslick WHEREAS, the City Clerk has received a request to allow Mia Noodle Bar and Restaurant to utilize certain areas along the Primary Commons for outdoor dining, and WHEREAS, this use of public property has been deemed proper and successful, and WHEREAS, the City of Ithaca wishes to promote diverse uses of the Primary and Secondary Commons, including outdoor dining, and WHEREAS, it is Common Council's responsibility to determine whether or not to allow the serving and consumption of alcohol on the Primary and Secondary Commons, and WHEREAS, Common Council has determined that the use of this public property for outdoor dining at Mia Noodle Bar and Restaurant, including the responsible sale and consumption of alcohol, is desirable, and April 4, 2012 3 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 2012, Common Council hereby approves a revocable Alcoholic Beverage Permit for the outdoor sale and consumption of alcohol for Mia Noodle Bar and 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 (9-0) 8.2 Lot 10 Kitchen and Lounge Alcohol Approval Request - Resolution By Alderperson Rooker: Seconded by Alderperson Kerslick WHEREAS, the City Clerk has received a request to allow Lot 10 Kitchen and Lounge to utilize certain areas along Cayuga 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 Lot 10 Kitchen and Lounge, including the responsible sale and consumption of alcohol, is desirable, and WHEREAS, Common Council has determined that any use of this or similar public property involving the same and consumption of alcohol should be covered by a minimum of $1,000,000 insurance under the Dram Shop Act; now, therefore be it RESOLVED, For the year 2012, Common Council hereby approves a revocable Alcoholic Beverage Permit for the outdoor sale and consumption of alcohol for Lot 10 Kitchen and Lounge 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 (9-0) 8.3 Request of Downtown Ithaca Alliance to Permit Wine Tasting and Sale of Bottled Wine During the Cornell University Big Red Marching Band and Cornell University Dairy Store Wine and Cheese Tasting Event taking place on the Ithaca Commons on April 28, 2012 – Resolution By Alderperson Rooker: Seconded by Alderperson Kerslick WHEREAS, the Downtown Ithaca Alliance has requested permission for wine tasting and sales as part of the Cornell University Big Red Marching Band and Cornell University Dairy Store Wine and Cheese Tasting Event taking place on the Ithaca Commons on April 28, 2012; now, therefore, be it RESOLVED, That the Downtown Ithaca Alliance be authorized to arrange for wine tasting and sale of bottled wine during the above event on the Ithaca Commons on April 28, 2012 and, be it further RESOLVED, That the Downtown Ithaca Alliance and participating wineries shall comply with all applicable state and local laws and ordinances, and shall enter into an agreement providing that it will hold the City harmless and indemnify the City on account of any claims made as the result of the sale or tasting of wine on the Ithaca Commons, and, be it further RESOLVED, That the Downtown Ithaca Alliance or the participating wineries shall agree to maintain liability insurance in the amount of $1,000,000.00 and Dram Shop Act coverage in the minimum amount of $1,000,000.00 naming the City of Ithaca as an April 4, 2012 4 additional insured, and shall provide evidence of such insurance to the City Clerk prior to the event. Carried Unanimously (9-0) 8.4 Request of Downtown Ithaca Alliance to Permit Wine Tasting and Sale of Bottled Wine During the Ithaca College Guidance Counselor Conference Wine and Cheese Tasting Event taking place on the Ithaca Commons on June 7, 2012 – Resolution By Alderperson Rooker: Seconded by Alderperson Kerslick WHEREAS, the Downtown Ithaca Alliance has requested permission for wine tasting and sales as part of the Ithaca College Guidance Counselor Conference Wine and Cheese Tasting Event taking place on the Ithaca Commons on June 7, 2012; now, therefore, be it RESOLVED, That the Downtown Ithaca Alliance be authorized to arrange for wine tasting and sale of bottled wine during the above event on the Ithaca Commons on June 7, 2012 and, be it further RESOLVED, That the Downtown Ithaca Alliance and participating wineries shall comply with all applicable state and local laws and ordinances, and shall enter into an agreement providing that it will hold the City harmless and indemnify the City on account of any claims made as the result of the sale or tasting of wine on the Ithaca Commons, and, be it further RESOLVED, That the Downtown Ithaca Alliance or the participating wineries shall agree to maintain liability insurance in the amount of $1,000,000.00 and Dram Shop Act coverage in the minimum amount of $1,000,000.00 naming the City of Ithaca as an additional insured, and shall provide evidence of such insurance to the City Clerk prior to the event. Carried Unanimously (9-0) 8.5 Request of Downtown Ithaca Alliance to Offer for Sale and Consumption - Wine and Beer During the 2012 Summer Concert Series on the Ithaca Commons (June – September 2012) – Resolution By Alderperson Rooker: Seconded by Alderperson Kerslick WHEREAS, the City Clerk has received a request to allow the Downtown Ithaca Alliance to offer for sale and consumption wine and beer during the 2012 Summer Concert Series (June – September 2012) on the Ithaca Commons, and WHEREAS, the City of Ithaca wishes to promote diverse uses of the Primary and Secondary Commons, including the sale and consumption of wine and beer during the 2012 Summer Concert Series (June – September 2012), 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; now, therefore be it RESOLVED, That the Downtown Ithaca Alliance shall be authorized to arrange for the sale and consumption of wine and beer during the 2012 Summer Concert Series (June – September 2012) on the Ithaca Commons, and, be it further RESOLVED, That the Downtown Ithaca Alliance shall comply with all applicable state and local laws and ordinances, and shall enter into an agreement providing that it will hold the City harmless and indemnify the City on account of any claims made as the result of the sale or consumption of wine and beer on the Ithaca Commons, and, be it further RESOLVED, That the Downtown Ithaca Alliance shall, per the advice of the City Attorney, agree to maintain liability insurance in the amount of $1,000,000.00 and Dram Shop Act coverage in the minimum amount of $1,000,000.00, and shall provide evidence of such insurance to the City Clerk. Carried Unanimously (9-0) April 4, 2012 5 8.6 Request of the Ithaca Festival to Offer for Sale and Consumption Wine and Beer During the 2012 Ithaca Festival Scheduled for May 31 – June 3, 2012 By Alderperson Rooker: Seconded by Alderperson Kerslick WHEREAS, the City of Ithaca Special Event Team has received a request to allow the Ithaca Festival to offer for sale and consumption wine and beer during the 2012 Ithaca Festival on and around the Ithaca Commons, and WHEREAS, the City of Ithaca wishes to promote diverse uses of the Primary and Secondary Commons, including the sale and consumption of wine and beer during the 2012 Ithaca Festival, 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; now, therefore be it RESOLVED, That the Ithaca Festival shall be authorized to arrange for the sale and consumption of wine and beer during the 2012 Ithaca Festival on and around the Ithaca Commons, and, be it further RESOLVED, That the Ithaca Festival shall comply with all applicable state and local laws and ordinances, and shall enter into an agreement providing that it will hold the City harmless and indemnify the City on account of any claims made as the result of the sale or consumption of wine and beer on the Ithaca Commons, and, be it further RESOLVED, That the Ithaca Festival shall, per the advice of the City Attorney, agree to maintain liability insurance in the amount of $1,000,000.00 and Dram Shop Act coverage in the minimum amount of $1,000,000.00, and shall provide evidence of such insurance to the City Clerk. Carried Unanimously (9-0) 8.7 Chamberlain’s Office – Amendment to 2012 Tax Roll - Resolution By Alderperson Rooker: Seconded by Alderperson Kerslick WHEREAS, pursuant to Section 554 of the Real Property Tax Law, the Director of Assessment has investigated an application for the correction of an error in essential fact filed by the owners of 315 Elm Street, tax map number 77.-1-9 and WHEREAS, the investigation revealed that an error in reporting of certain income resulted in an error in an aged exemption; now therefore, be it RESOLVED, That the 2012 Tax Roll for the City of Ithaca be amended to reduce the 2012 City of Ithaca taxes on the parcel identified as map number 77.-1-9 by $56.89, and be it further RESOLVED, That the City Chamberlain is authorized and directed to make the appropriate refund and changes. Carried Unanimously (9-0) PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE: 9.1 A Resolution Supporting A Feasibility Study of a Downtown Combined Heat and Power/District Energy Utility Solution By Alderperson Dotson: Seconded by Alderperson Rooker WHEREAS, the City of Ithaca supports the study for facilitation and implementation of a downtown Combined Heat and Power (CHP)/District Energy Utility solution to provide electricity and heat to downtown building owners, their tenants, and to municipal buildings and to provide Hydronically heated sidewalks to the Commons and select portions of downtown Ithaca, New York, and WHEREAS, the City of Ithaca believes that a downtown Combined Heat and Power (CHP)/District Energy Utility solution would qualify the Ithaca Downtown Commons Redesign project for additional federal funding to implement the Downtown Commons Redesign project as proposed by Sasaki, and April 4, 2012 6 WHEREAS, combined heat and power projects are established in the industry to be significantly more energy efficient than producing heat and power separately, and therefore are important to evaluate as possible components of renewable and sustainable energy solutions to reduce the City of Ithaca’s carbon footprint, and WHEREAS, the City of Ithaca has committed itself to meet or exceed the Kyoto Protocol targets for reducing global warming pollution by taking action locally and having committed itself to reducing greenhouse gas emissions for government operations to levels 20% below 2001 levels by the year 2016, and WHEREAS, Energize Ithaca, LLC proposes to conduct a feasibility study funded by a combination of federal and private money to determine the feasibility of a downtown Combined Heat and Power (CHP)/District Energy Utility solution, and has requested the cooperation and non-financial support of the City of Ithaca; now, therefore, be it RESOLVED, That the City of Ithaca strongly supports completion of a study to determine feasibility of a Combined Heat and Power(CHP)/District Energy Utility solution for downtown Ithaca. Amending Resolution: By Alderperson Dotson: Seconded by Alderperson Kerslick RESOLVED, That the following Whereas clauses be added to the Resolution: “WHEREAS, in providing its cooperation and non-financial support, the City of Ithaca does not implicitly endorse Energize Ithaca, LLC over another possible developer of a district energy solution, and WHEREAS, in consideration of its cooperation and non-financial support, the City of Ithaca will also receive an electronic copy of the final feasibility study from Energize Ithaca LLC of which the City of Ithaca could make available to the public in a manner of its choosing; now, therefore, be it” Amendment to the Amending Resolution By Alderperson Clairborne: Seconded by Alderperson Proulx RESOLVED, That the two proposed Whereas clauses be considered separately, and that the 2nd Whereas clause be temporarily removed from consideration. Carried Unanimously (9-0) Discussion followed on the floor regarding: • Whether the study results could be made available to the public. The representatives from Energize Ithaca responded that they would make the results of the study available privately to the Mayor and Common Council but would not commit to making them publicly available. • Energize Ithaca’s need for Common Council’s endorsement. Mr. David Marks explained that the Council endorsement provides a level of comfort for financial backers of the study and proposal. • Other groups working on district heating focusing on the Emerson site and the Commons. Mayor Myrick noted that it would be appropriate for the City to support multiple endorsements for district heating. A vote on the Amending Resolution as Amended resulted as follows: Carried Unanimously (9-0) Amending Resolution: By Alderperson Dotson: Seconded by Alderperson Murtagh RESOLVED, That the following Whereas clause be added to the Resolution: “WHEREAS, in consideration of its cooperation and non-financial support, the City of Ithaca will also receive an electronic copy of the final feasibility study from Energize Ithaca LLC.” April 4, 2012 7 Amendment to the Amending Resolution By Alderperson Clairborne: Seconded by Alderperson Fleming RESOLVED, That the proposed Whereas clause become a Resolved clause instead. Carried Unanimously (9-0) Discussion followed on the floor regarding the reference to Energize Ithaca LLC in the Resolution versus a more generic resolution that would support any group interested in developing a district heating proposal. Motion to Refer Item back to Committee: By Alderperson McCollister: Seconded by Alderperson Brock RESOLVED, That this item be referred back to the Planning and Economic Development Committee for further discussion. Ayes (3) Brock, McCollister, Fleming Nays (6) Dotson, Clairborne, Murtagh, Rooker, Kerslick, Proulx Failed (3-6) Discussion followed on the floor regarding changing the language of the Amending Resolution to read as follows: “RESOLVED, That the City of Ithaca will also request to receive an electronic copy of any final feasibility study.” This change was not voted on or approved. Amendment to the Amending Resolution By Alderperson Clairborne: Seconded by Alderperson Fleming RESOLVED, That the Amending Resolution read as follows: “RESOLVED, in consideration of its cooperation and non-financial support, the City of Ithaca will also request to receive an electronic copy of the final feasibility study from Energize Ithaca LLC.” Carried Unanimously (9-0) Amendment to the Amending Resolution By Alderperson Brock: Seconded by Alderperson Murtagh RESOLVED, That the 5th Whereas clause and the new Whereas clause be deleted from the Resolution. Upon discussion followed on the floor regarding including language about Energize Ithaca LLC in the Resolution versus a generic version of the legislation, this proposed Amendment was withdrawn. A vote on the Amending Resolution as Amended resulted as follows: Carried Unanimously (9-0) Main Motion as Amended A vote on the Main Motion as Amended resulted as follows: Carried Unanimously (9-0) The Adopted Resolution reads as follows: 9.1 A Resolution Supporting A Feasibility Study of a Downtown Combined Heat and Power/District Energy Utility Solution By Alderperson Dotson: Seconded by Alderperson Rooker WHEREAS, the City of Ithaca supports the study for facilitation and implementation of a downtown Combined Heat and Power (CHP)/District Energy Utility solution to provide electricity and heat to downtown building owners, their tenants, and to municipal buildings and to provide Hydronically heated sidewalks to the Commons and select portions of downtown Ithaca, New York, and WHEREAS, the City of Ithaca believes that a downtown Combined Heat and Power (CHP)/District Energy Utility solution would qualify the Ithaca Downtown Commons Redesign project for additional federal funding to implement the Downtown Commons Redesign project as proposed by Sasaki, and April 4, 2012 8 WHEREAS, combined heat and power projects are established in the industry to be significantly more energy efficient than producing heat and power separately, and therefore are important to evaluate as possible components of renewable and sustainable energy solutions to reduce the City of Ithaca’s carbon footprint, and WHEREAS, the City of Ithaca has committed itself to meet or exceed the Kyoto Protocol targets for reducing global warming pollution by taking action locally and having committed itself to reducing greenhouse gas emissions for government operations to levels 20% below 2001 levels by the year 2016, and WHEREAS, Energize Ithaca, LLC proposes to conduct a feasibility study funded by a combination of federal and private money to determine the feasibility of a downtown Combined Heat and Power (CHP)/District Energy Utility solution, and has requested the cooperation and non-financial support of the City of Ithaca, and WHEREAS, in providing its cooperation and non-financial support, the City of Ithaca does not implicitly endorse Energize Ithaca, LLC over another possible developer of a district energy solution; now, therefore, be it RESOLVED, That the City of Ithaca strongly supports completion of a study to determine feasibility of a Combined Heat and Power(CHP)/District Energy Utility solution for downtown Ithaca, and, be it further RESOLVED, That in consideration of its cooperation and non-financial support, the City of Ithaca will also request to receive an electronic copy of the final feasibility study from Energize Ithaca LLC. Carried Unanimously (9-0) Discussion followed on the floor regarding the need for Common Council to figure out a process that will allow the City to work through requests for private-public partnerships. GOVERNMENT PERFORMANCE AND ACCOUNTABILITY COMMITTEE: 10.1 Update from the March 13, 2012 meeting from Committee Vice Chair Proulx Alderperson Proulx reported on the following to Common Council: • Representatives from Tompkins County provided a presentation regarding the County’s performance measurement program. They are willing to work collaboratively with the City on this initiative. • Follow-up from the Common Council Retreat – the committee further reviewed the Novak Report recommendations and drafted suggestions for assignment of tasks • There is a meeting scheduled with the Mayor, the three standing committee chairs, and support staff to discuss committee work plans, committee assignments for issues like the Novack Report recommendations and redistricting, and ways to improve communication between the committees • The GPA Committee also would like input as to when the next city-wide survey should be completed. He noted that two years was suggested. Further discussion followed on funding needs and whether a request should be made to Cornell University for their continued support in this effort. • The Committee also discussed the hiring of a public information writer (on contract), and recommendations for updating the Common Council orientation program. April 4, 2012 9 CITY ADMINISTRATION COMMITTEE: 11.1 Attorney’s Office - Amendment to Personnel Roster for Deletion of Temporary Position and for Increased Hours - Resolution By Alderperson Clairborne: Seconded by Alderperson Kerslick WHEREAS, the position of Assistant City Attorney had long been a full-time position until January 2011, and WHEREAS, at the request of a former Assistant City Attorney, the City reduced her position to half-time in January 2011, and WHEREAS, the workload of the City Attorney's Office is such that the City was thereafter required to hire a temporary, half-time Associate City Attorney to supplement the half-time Assistant City Attorney's work, and WHEREAS, the same employee now serves both in the role of half-time Assistant City Attorney and of half-time temporary Associate City Attorney, and WHEREAS, the temporary position of half-time Associate City Attorney will expire on April 3, 2012, and WHEREAS, the City Attorney's Office can best function if, upon the April 3 expiration of the temporary, half-time Associate City Attorney position, the half-time Assistant City Attorney position that does not serve as the City Prosecutor is increased to a full-time position, and WHEREAS, this increase can be achieved for the remainder of 2012 within the existing 2012 authorized Attorney budget and prior year encumbrances; now, therefore, be it RESOLVED, That the Personnel Roster of the City Attorney's Office be amended as follows: Add: One (1) Full-time 40 hour Assistant City Attorney Position Delete: One (1) Half-Time Associate City Attorney (Temporary) and be it further RESOLVED, That said roster amendment will be effective April 4, 2012, and be it further RESOLVED, That the position of City Attorney, the existing full-time position of Assistant City Attorney, and the existing half-time position of Assistant City Attorney that serves as City Prosecutor shall remain unchanged, and be it further RESOLVED, That funds necessary for this roster amendment shall be derived within existing 2012 authorized Attorney budget and prior year encumbrances. Carried Unanimously (9-0) Finance/Controller’s Office - Approval of 2010 Single Audit - Resolution By Alderperson Clairborne: Seconded by Alderperson Kerslick RESOLVED, That the Independent Auditor’s Report for the period January 1, 2010, through December 31, 2010, prepared by the accounting firm of Ciaschi, Dietershagen, Little, Mickelson & Company, LLP be accepted to comply with all the City’s applicable Governmental Accounting Standards Board (GASB) Statement 34 and other related audit and single audit requirements. Carried Unanimously (9-0) Appointment of Marriage Officer – Resolution By Alderperson McCollister: Seconded by Alderperson Rooker WHEREAS, a request has been received from Cornell University Professor, Isaac Kramnick, who resides at 125 Kelvin Place to be appointed as a Marriage Officer so that he would be able to officiate the wedding ceremony of his friends; now, therefore, be it April 4, 2012 10 RESOLVED, That Cornell University Professor, Isaac Kramnick, be appointed as a Marriage Officer in the City of Ithaca for the date of May 15, 2012. Alderperson Clairborne noted that this is not a routine request and suggested that an application form be developed so that Common Council’s review of these types of requests is more consistent. A vote on the Resolution resulted as follows: Carried Unanimously (9-0) City Controller’s Report City Controller Thayer reported to Common Council on the following: The New York State budget has been adopted and he is in the process of reviewing the impacts on the City. It appears as if the AIM payment and the CHIP’s funding remains at the 2011 levels. He is still investigating the status of the youth services funding. 2012 Activity • Sales tax collection at same pace as 2011 • Fuel price increases = 23% higher than 2011 • The City spent $139,000 less on snow removal than 2011 • Overtime costs are approximately $250,000 to date for all departments • Permit revenue - $73,000 collected to date • Parking revenue - $485,000 collected to date. Staff is conducting a thorough review of all aspects of parking • City credit cards are ready for departmental purchases and training needs • Three employee forums have been conducted on the status of the City’s budget and all were well attended A brief question and answer period followed regarding the City’s current bond rating (AA2), and how the City could present the budget in a manner that the public can understand it. A suggestion was made to present the information to neighborhood associations in a similar manner to the employee forums. Alderperson Clairborne noted that the City Administration Committee will have standing agenda items related to budget issues, and invited all Common Council members to submit ideas and attend discussions. MAYOR’S APPOINTMENTS: Appointments to Local Board of Assessment Review - Resolution By Alderperson Clairborne: Seconded by Alderperson Murtagh RESOLVED, That Tom Clavel and Kris Altucher be appointed to the Local Advisory Board of Assessment Review, with Linda Santos appointed as an alternate to the Board, if needed, and be it further Appointments to Bicycle Pedestrian Advisory Council – Resolution RESOLVED, That Gail Steinhart be appointed to the Bicycle Pedestrian Advisory Council to fill a vacancy with a term to expire December 31, 2013, and be it further RESOLVED, That Jan Schwartzberg be appointed to the Bicycle Pedestrian Advisory Council to fill a vacancy with a term to expire December 31, 2013, and be it further RESOLVED, That Daniel Keough be appointed to the Bicycle Pedestrian Advisory Council to fill a vacancy with a term to expire December 31, 2014, and be it further RESOLVED, That Steven Williams be appointed to the Bicycle Pedestrian Advisory Council to fill a vacancy with a term to expire December 31, 2014, and be it further RESOLVED, That Renee Brutvan be reappointed to the Bicycle Pedestrian Advisory Council with a term to expire December 31, 2014, and, be it further April 4, 2012 11 Appointment to Building Code Board of Appeals – Resolution RESOLVED, That Lou Vogel be reappointed to the Building Code Board of Appeals with a term to expire December 31, 2014, and be it further Appointment to Conservation Advisory Council – Resolution RESOLVED, That Joanna B. Nadeau be appointed to the Conservation Advisory Council to fill a vacancy with a term to expire December 31, 2014, and be it further Appointment to Parks Commission – Resolution RESOLVED, That Stephan Schmidt be appointed to the Parks Commission to fill a vacancy with a term to expire December 31, 2013, and be it further Appointment to Public Art Commission – Resolution RESOLVED, That Grace Ritter be appointed to the Public Art Commission to replace Samantha Hillson with a term to expire June 30, 2013, and be it further Appointment to Youth Bureau Advisory Board – Resolution RESOLVED, That George McGonigal be appointed to the Ithaca Youth Bureau Advisory Board to fill a vacancy with a term to expire December 31, 2013. Carried Unanimously (9-0) Appointment of Board of Public Works Liaison to the Bicycle Pedestrian Advisory Council - Resolution By Alderperson Dotson: Seconded by Alderperson McCollister RESOLVED, That Rob Morache be appointed to the Bicycle Pedestrian Advisory Council as the Board of Public Works Liaison with a term to expire December 31, 2012. Carried Unanimously (9-0) REPORTS OF COMMON COUNCIL LIAISONS: Board of Public Works: Alderperson Fleming reported that the Board has held extensive discussions regarding the City’s sidewalk program. Commissioners Morache and Goldsmith have formed a sub-committee to review and study the issue further. She further reported that the Board has expressed a generally favorable attitude toward the expansion of the mobile vending program to include hot trucks. Discussions have been held and some research has been undertaken. The Board has also discussed the possible sale of city property. Natural Areas Commission: Alderperson Proulx reported that Cornell University has created a gorge safety program, and that there is an effort started to clean lower Fall Creek to create a trail system through the natural areas and water resources. Tompkins County Council of Governments: Alderperson Clairborne reported that the Council has been working on the development of four workshops: • Road preservation laws • A presentation by Robert Freeman on Open Meetings Law and FOIL • Department of Emergency Response training on NIMS/ICS. • Cornell University Resource Sharing Event Rental Housing Advisory Commission: Alderperson Kerslick reported that the Rental Housing Commission is being reactivated, and is looking for new members. Their meetings are scheduled for the third Wednesday at 5:15 p.m. in the third floor conference room of City Hall. REPORT OF CITY ATTORNEY: City Attorney Lavine reported that the City has been sued by a former employee alleging discrimination upon gender and ethnicity. April 4, 2012 12 Motion to Enter Into Executive Session to Discuss Potential Legal Settlement – Resolution By Alderperson Dotson: Seconded by Alderperson Rooker RESOLVED, That Common Council enter into Executive Session to discuss a potential legal settlement. Carried Unanimously (9-0) Reconvene: Common Council reconvened into regular session with no formal action taken. Approval of Proposed Settlement of Crane Hogan Structural Systems, Inc. v. City of Ithaca - Resolution By Alderperson McCollister: Seconded by Alderperson Kerslick WHEREAS, the case of Crane Hogan Structural Systems, Inc. v. The City of Ithaca, New York was filed in Tompkins County Supreme Court and involves a contract dispute about delay damages Crane Hogan alleges it incurred as general contractor for a project known as the Tertiary Phosphorus Removal Upgrade Project at the Ithaca Area Wastewater Treatment Plant (“IAWTP”); and WHEREAS, the City of Ithaca, Town of Ithaca, and Town of Dryden are co-owners of the IAWTP, and pursuant to their Joint Sewer Agreement dated December 31, 2003, they are jointly and severally liable for the defense and payment of claims arising out of the construction of the IAWTP, with liability apportioned in proportion to the interests of each owner in the IAWTP or in accordance with such other methods as the owners may agree; and WHEREAS, the complaint by Crane Hogan Structural Systems, Inc. (“Crane Hogan”) seeks payment in the approximate amount of $150,000, exclusive of interest; and WHEREAS, the attorney engaged by the owners for IAWTP matters has filed an answer on behalf of the City denying the claims asserted by Crane Hogan; and WHEREAS, following negotiations and a mediation session between the parties, Crane Hogan has agreed to settle its claims in exchange for a payment of $65,000 by the City; and WHEREAS, said settlement will conclude this litigation, and will preclude any further claims by Crane Hogan related to the IAWTP construction contract; and WHEREAS, at their upcoming meetings, the Special Joint Committee, the Town of Ithaca, and the Town of Dryden may recommend approval of the proposed settlement; therefore be it RESOLVED, That Common Council hereby approves the attached Settlement Agreement and General Release and further approves payment not to exceed $65,000 from Capital Project Account 409J (Wastewater Treatment Plant Upgrade Phosphorus Removal Project) in full settlement of Crane Hogan’s claims, which amount is in the current authorization of said Capital Project, and which account has been funded by the IAWTP owners in proportion to each owner’s permitted capacity in the IAWTP, as provided by the Joint Sewer Agreement; and be it further RESOLVED, That the Common Council hereby authorizes the Mayor, upon the advice of the City Attorney, to execute the Settlement Agreement and General Release and all other documents necessary to implement the settlement referenced herein, but only if and after the Town of Ithaca and the Town of Dryden approve the same. Carried Unanimously (9-0) April 4, 2012 13 MINUTES FROM PREVIOUS MEETINGS: Approval of the March 7, 2012 and March 14, 2012 Common Council Meeting Minutes By Alderperson Brock: Seconded by Alderperson Rooker RESOLVED, That the minutes of the March 7, 2012 Regular Common Council Meeting and the March 14, 2012 Special Common Council meeting be approved as published. Carried Unanimously (9-0) ADJOURNMENT: On a motion the meeting adjourned at 9:10 p.m. ______________________________ _______________________________ Julie Conley Holcomb, CMC Svante L. Myrick City Clerk Mayor