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HomeMy WebLinkAboutMN-CC-2011-01-05COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 6:00 p.m. January 5, 2011 PRESENT: Mayor Peterson Alderpersons (10) Coles, Dotson, Rosario, Clairborne, McCollister, Zumoff, Rooker, Myrick, Cogan, Mohlenhoff OTHERS PRESENT: City Clerk – Conley Holcomb City Attorney – Hoffman City Controller – Thayer Deputy Director of Economic Development – DeSarno Community Development Director – Bohn Superintendent of Public Works – Gray Human Resources Director – Michell-Nunn City Chamberlain - Parsons PLEDGE OF ALLEGIANCE: Mayor Peterson led all present in the Pledge of Allegiance to the American Flag. ADDITIONS TO OR DELETIONS FROM THE AGENDA: City Administration Committee: Alderperson Coles provided substitute resolutions for Item 10.1 entitled “Requests for Refund of Penalty on Payment of Taxes – Resolution” and Item 10.6 entitled “Common Council - A Property Tax Cap Must Include Mandate Relief – Resolution” No Common Council member objected. SPECIAL ORDER OF BUSINESS: 4.1 Appointment of Marriage Officers for 2011 - Resolution By Alderperson Cogan: Seconded by Alderperson Rooker RESOLVED, That the following Alderpersons be designated as Marriage Officers for the year 2011: Alderperson Dotson Alderperson Rosario Alderperson Clairborne Alderperson Rooker Alderperson Myrick Alderperson Dotson noted that she enjoys being a marriage officer. She is looking forward to having the right to marry her partner in New York State, and is hopeful that all States will recognize this right soon. A vote on the Resolution resulted as follows: Carried Unanimously SPECIAL PRESENTATIONS BEFORE COUNCIL: Board of Fire Commissioners Vice Chair Tom Hoard reported to Common Council on the following: - One Lieutenant and two fire fighters have retired, and the Fire Chief position remains vacant. The department is close to having overtime issues. The Vacancy Review Committee has approved the hiring of two fire fighters in February - Wood Street/South Street traffic calming devices: the Board of Public Works has not yet responded to their concerns Alderperson Cogan invited members of the Board of Fire Commissioners to attend a Charter and Code Review committee meeting to discuss updating the City Code and Charter regarding the duties and responsibilities of the Board. Alderperson Clairborne arrived at the meeting at 6:15 p.m. January 5, 2011 2 PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: Bill Goldsmith, Board of Public Works Commissioner, addressed Council regarding the appointment of a new member to the Board of Public Works. He urged Common Council to appoint the new person to the current vacancy on the Board, rather than replacing a Board member whose term expired December 31, 2010 and who wishes to remain on the Board. He stated that the retention of experienced members of the Board is very important, and noted that there have been a total of 26 individuals appointed to the Board of Public Works between 1990 and 2011 and of those, 17 (65%) were reappointed to additional terms. David Warden, Board of Public Works Commissioner, urged Council to fill the current vacancy on the Board rather than replacing the Board member whose term expired December 31, 2010. He noted that it is very important for the Board to have a full contingency of members because there is a lot of work to share. Fay Gougakis, City of Ithaca, addressed Common Council regarding the recent accidental release of hydrolysate from the Cornell University Vet School carcass digester into the City’s wastewater treatment plant facility and storm water collection system. She stated that Cornell University should be fined as this was the second incident of this nature. Ray Schlather, former Board of Public Works Commissioner, addressed Common Council regarding the vacancy on the Board of Public Works. He stated that he respects the Mayor’s authority and prerogative to make appointments to boards and committees but disagrees with her decision to replace an experienced Board member, rather than fill the current vacancy on the Board. He noted the Board’s need to have representation from each area of the City. Joel Harlan, Town of Newfield, addressed Council regarding Cornell University’s influence on the City of Ithaca and Tompkins County. PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR: Alderperson Zumoff responded to comments made regarding the appointment of a new Board of Public Works Commissioner and voiced his agreement with the comments made by the current and former Board members. Alderperson McCollister announced that there would be a Sewer Joint Committee meeting at the Wastewater Treatment Plant on January 12, 2011 and the Cornell hydrolysate spill would be discussed. Mayor Peterson announced her appointment of Alderperson Maria Coles as Acting Mayor and Alderperson Eric Rosario as Alternate Acting Mayor for 2011. She administered the Oath of Office to both of them. Both alderpersons thanked the Mayor for this opportunity to serve the City. Mayor Peterson presented the 2011 State of the City Address. The following is a slightly condensed version: “It is unquestionable that the state and local government economic picture will be the major part of 2011; however, it should not overshadow the significant amount of work that city departments have accomplished in 2010 and hope to accomplish in 2011, including the work of Common Council through its standing committees and working groups. Some future project areas include: advancing improved public information initiatives, police department accreditation, hiring (through a grant) a new sustainability manager, working on all six labor unit contracts, various improvements to the city charter, and comprehensive parking management. Numerous planning initiatives are underway from renewed attention to the Southwest area of the city to Collegetown to South Hill. This brief list is only the tip of hundreds of projects large and small. In the next few weeks, I will create a new committee to address the 2010 census and the redistricting that must follow. The charge for this committee will be informed by input from the Charter and Code Working Group, the 2002 City Redistricting Report, and discussions with Tompkins County. Each ward shall be represented on the committee, January 5, 2011 3 and there will be two “at-large” members. In addition to analyzing the census data, tasks will include: • Examining the number of wards in the city, and the number of Council seats in relation to the number of wards • Examining the concept of at-large council seats and /or a combination of at-large and ward representatives • Discussing whether the mayor, as a council member, should have a vote on all issues (not just in the event of a tie) • Reviewing how city wards interface with county voting districts • Understanding and evaluating the neighborhood boundaries, including student neighborhoods • Holding a public meeting regarding these topics to receive public input Another new working group will be appointed that will directly tie into budgetary matters for 2011 and future years. Before this group is formed, I will call for a special Common Council meeting in order to develop a response plan should a State property tax cap be enacted along with reductions in State aid. I will ask each Council member to be prepared to discuss what they feel are the city’s core essential services/programs, legally required services, values driven services, and alternate ways these essential services could be provided should significant cuts to the budget become required. In other words, this approach will be strategically based, not a broad brush percentage decrease across all departments and programs. To aid in that aspect, a focus group meeting will be held and participants will be asked to answer the same questions. I also encourage any community or neighborhood group meeting to take up the same questions. On July 7, 2004, the City of Ithaca adopted its Workforce Diversity Plan. Fourteen attributes were formed to establish a foundation for diversity and inclusiveness. City leadership, including the mayor, common council and senior management, is charged to follow this plan and to be the examples by which the entire city workforce demonstrates its commitment to diversity. The mayor is charged with reaffirming the city’s commitment to diversity on an annual basis. A commitment to diversity—through community partnerships, accountability, annual performance goals for each department, or provision of training—is necessary to develop a welcoming and respectful culture in our workplace, that competently and effectively supports the very diverse community in which we live, work, and play. In 2011: • There is funding for 30 employees to participate in the Undoing Racism workshops with David Billings. The 2010 participants continue to meet and discuss issues of race and racism. • Work will continue on an expanded diversity training program throughout the city workforce. • The Martin Luther King Jr. Freedom Walkway will continue to advance. • Department reports on individual diversity plans will be ongoing. • The mayor’s Strategy Group will continue meeting into 2011. This group of people originally met on the night of February 23, 2010 after a police action that resulted in the shooting death of Shawn Greenwood. This group, facilitated by TFC Associates, has been instrumental in helping me, the city, and thus the community, cope with such a major event. It is incumbent upon us to not have this be a statement in words only. All members of senior leadership are responsible and accountable for the continuation of this work. A small working group will be appointed to work with me, the Human Resources Department, the Workforce Advisory Committee, and Common Council to develop an accountability system whereby we can track the above goals and make sure that it is not only an annual statement, but a regularly reported mechanism that shows success in adhering to and advancing our diversity goals.” January 5, 2011 4 Mayor Peterson announced that there would be a special Common Council meeting on Wednesday, February 9, 2011 at 5:30 p.m. with the Workforce Diversity Advisory Committee to discuss the City’s diversity goals. CONSENT AGENDA ITEMS: City Administration: 8.1 Finance/Controller - Designation of Official Newspaper - Resolution By Alderperson Zumoff: Seconded by Alderperson Rosario RESOLVED, That, pursuant to Section C-113 of the City Charter, the Ithaca Journal be and is hereby designated as the official newspaper of the City of Ithaca for the year 2011. Carried Unanimously 8.2 Finance/Controller - Collateral to Secure Deposits - Resolution By Alderperson Zumoff: Seconded by Alderperson Rosario RESOLVED, That the collateral deposited by the Tompkins Trust Company, JP Morgan Chase and M & T Bank as reported, be approved as to form and sufficiency. Carried Unanimously 8.3 Finance/Controller - Public Employee's Blanket Bond - Resolution By Alderperson Zumoff: Seconded by Alderperson Rosario RESOLVED, That pursuant to Section 11 of the Public Officers Law, the following Bond, which is on file in the Office of the City Clerk, be, and is hereby approved in all respects for the year 2011. Faithful Performance Blanket $250,000 National Grange Bond Coverage Mutual Insurance Co. Carried Unanimously 8.4 Finance/Controller - Designation of Common Council Meetings - Resolution By Alderperson Zumoff: Seconded by Alderperson Rosario RESOLVED, That the regular meetings of the Common Council, for the year 2011, be held at 6:00 P.M., on the first Wednesday of each month, in the Common Council Chambers, at City Hall, 108 East Green Street, Ithaca, New York, unless otherwise determined by Common Council. Carried Unanimously 8.5 Finance/Controller - Designation of Official Depositories - Resolution By Alderperson Zumoff: Seconded by Alderperson Rosario RESOLVED, That pursuant to Section C-34 of the City Charter, the Tompkins Trust Company, the Fleet Bank, the JP Morgan Chase Bank and the M & T Bank be, and they are, hereby designated as the official depositories of all City Funds for the year 2011. Carried Unanimously 8.6 Common Council - Approval of 2011 Travel Policy - Resolution By Alderperson Zumoff: Seconded by Alderperson Rosario WHEREAS, there is to be held during the coming official year a) the New York State Conference of Mayors Annual Meeting and Training School; b) the New York State Conference of Mayors and Fall Training School for Fiscal Officers and Municipal Clerks, and other national and regional conferences as applicable, and WHEREAS, it is determined by the Mayor and Common Council that attendance by certain municipal officials and City employees at one or more of these meetings, conferences or schools benefits the municipality; now, therefore, be it RESOLVED, That Common Council, the Mayor and City employees are hereby authorized to attend said conferences or other applicable training events during 2011, and be it further RESOLVED, That the cost for all events must be derived from existing 2011 Departmental Budgets with appropriate approvals obtained as applicable, and be it further RESOLVED, That this resolution shall take effect immediately. Carried Unanimously January 5, 2011 5 8.7 Youth Bureau - Request to Amend 2011 Budget – Resolution By Alderperson Zumoff: Seconded by Alderperson Rosario WHEREAS, The Ithaca Youth Bureau and GIAC will be co-organizing an adult basketball league this winter, and WHEREAS, the Ithaca Youth Bureau will collect additional fees and purchase supplies for the program, now, therefore, be it RESOLVED, That Common Council hereby amends the 2011 Youth Bureau Budget to account for said increase as follows: Increase Revenue Account: A 7310-2001-1530 Basketball $3,150 A 7310-2070 -1530 Basketball 500 $3,650 Increase Expense Account: A 7310-5120-1530 Part-time $ 450 A7310-5435-1530 Contracts 2,372 A 7310-5460-1530 Program Supplies 765 A7310-9030 Social Security/Medicare 34 A7310-9040 Workers’ Compensation 29 $3,650 Carried Unanimously PLANNING & ECONOMIC DEVELOPMENT COMMITTEE: No items were submitted from the Planning and Economic Development committee. CITY ADMINISTRATION COMMITTEE: 10.1 Request for Refund of Penalty on Payment of Taxes - Resolution By Alderperson Coles: Seconded by Alderperson Dotson WHEREAS, Ithaca City School District property taxes for 2009-2010 were due and payable (without interest/late fees) by October, 2009, and WHEREAS, the final date to pay such taxes without an additional, substantial penalty (that is levied by the City upon taxes that are a year in arrears) was September 30, 2010, and WHEREAS, the owner of 507-09 Cliff Street, 323 Hillview Place and 335 Spencer Road received the school tax bills for each of the afore-mentioned properties, in 2009 – which bills listed the due dates, the amounts due and that penalties that would be incurred if payments were not received on time – but failed to pay them in a timely manner, and WHEREAS, when School District taxes for properties in the City are not paid by said final due date, the City of Ithaca is then obligated to pay both the tax amount and all late fees and/or interest accrued to date, with the expectation that the City will then recover from the property owner both the amount of the tax and any accrued late fees or interest, and WHEREAS, after September 30th, the City imposes a penalty of 15% upon unpaid School District taxes that were due by the previous October, and WHEREAS, on October 4, 2010, the owner of the referenced properties paid the overdue 2009-2010 taxes, together with an additional month’s late fees/interest (above the late fees/interest due as of September 30, 2010) in the amount of $43.18 due to the School District and $2.15 due to the City, as well as the 15% penalty of $748.05 due to the City, for a total, additional amount of $793.38, and WHEREAS, said property owner has stated that he missed the final due date because of a death in the family, and for that reason has requested a refund of all additional fees, interest and penalties incurred due to payment after September 30, 2010, and January 5, 2011 6 WHEREAS, in any case, NYS Real Property Tax Law prohibits the City of Ithaca from waiving the additional penalty of $43.18 due to the Ithaca City School District, and WHEREAS, the reason for failure to make a timely payment, as asserted by the property owner, is not within the guidelines that allow for the waiver of the penalty in certain situations (e.g., hospitalization or death of the owner), which guidelines were established by the Common Council on June 13, 2001, “to streamline the waiver-of- penalty-on-taxes procedure,” now therefore be it RESOLVED, That the request for waiver of the additional fees and penalties levied against the owner of 507-09 Cliff Street, 323 Hillview Place and 335 Spencer Road, as a result of his failure to pay 2009-2010 school taxes by September 30, 2010, is hereby denied. Alderperson Clairborne stated that he voted against this resolution at the committee meeting. While he agreed that the property owner missed the deadline to pay the taxes due to a death in the family, they did pay it three days later. He stated that this additional information is helpful, as it clarifies that the past due taxes were for 2009 not 2010. Alderperson Myrick stated that he would support this Resolution since it is an income property rather than an owner occupied residence. A vote on the Resolution resulted as follows: Carried Unanimously 10.2 IURA Housing Fund, 2009 Funding Round – Convert Approved Loan Assistance to Grant Assistance for the Women’s Community Building Redevelopment Project - Resolution By Alderperson Coles: Seconded by Alderperson Clairborne WHEREAS, on November 22, 2010, Ithaca Neighborhood Housing Services, Inc. (INHS) requested reallocation of $75,000 in Housing Fund assistance awarded for the Women’s Community Building Redevelopment project (Project) be reallocated from the Housing Affordability Program to the Community Housing Trust Program, thereby converting loan assistance to grant assistance, and WHEREAS, the Housing Fund contains two separate funding programs to assist in the creation of affordable housing units, the Housing Affordability Program and the Community Housing Trust Program, and WHEREAS, the Housing Affordability Program provides loans for predevelopment costs of affordable housing projects and the Community Housing Trust Program provides grants for newly constructed or rehabilitated homes that will remain permanently affordable for future generations of buyers, and WHEREAS, pursuant to Common Council resolution of June 2, 2010, the City authorized its contribution to the Housing Fund be used for the following uses: 1. $30,000 for predevelopment loan assistance through the Housing Affordability Program to Ithaca Neighborhood Housing Services, Inc. for the Women’s Community Building located at 100 W. Seneca Street, and 2. $70,000 for predevelopment loan assistance through the Housing Affordability Program to Tompkins Community Action, Inc. for the Magnolia House project located at 308-320 N. Meadow Street, and WHEREAS, $30,000 of the $75,000 assistance awarded to the INHS Project derived from City of Ithaca funds, and WHEREAS, a Housing Fund Program Oversight Committee (POC) has been established to govern the Housing Fund made up of representatives from each funder, and includes Alderperson Maria Coles, Alderperson J.R. Clairborne and IURA Member Doug Dylla from the City, but that final funding decisions regarding expenditure of City funds shall be approved by the Common Council, and January 5, 2011 7 WHEREAS, the POC reviewed this request at their November 30, 2010 meeting and unanimously approved INHS’s request, noting that the project will include a binding regulatory agreement requiring the housing to be affordable for a minimum of 50 years, and WHEREAS, the Women’s Community Building project has already undergone environmental review through the site plan review process whereby the City of Ithaca Planning & Development Board determined that this project will result in no significant impact on the environment and issued a negative declaration for the project on February 9, 2010; now, therefore, be it RESOLVED, That the Common Council for the City of Ithaca endorses the Housing Fund Program Oversight Committee’s recommendation and hereby modifies its approval per its June 2, 2010 resolution to authorize use of up to $30,000 of City funds contributed to the Housing Fund as grant assistance through the Community Housing Trust Program for the Women’s Community Building redevelopment project located at 100 W. Seneca Street. Alderperson Rosario explained that the funding is designed to keep the housing units permanently affordable as there is a deep need in the community for that type of housing. He thanked the Ithaca Urban Renewal Agency for their work on this project. Amending Resolution: By Alderperson Coles: Seconded by Alderperson Clairborne RESOLVED, That the Resolved Clause be amended to read as follows: “RESOLVED, That the Common Council for the City of Ithaca endorses the Housing Fund Program Oversight Committee’s recommendation and hereby modifies its approval per its June 2, 2010 resolution so as to authorize use of up to $30,000 of City funds contributed to the Housing Fund as grant assistance through the Community Housing Trust Program for the Women’s Community Building redevelopment project located at 100 W. Seneca Street.” Carried Unanimously Main Motion as Amended: A Vote on the Main Motion as Amended Resulted as Follows: Carried Unanimously 10.3 IURA - Housing Fund, 2009 Funding Round, Authorize County/City/IURA Fiscal Agency Agreement - Resolution By Alderperson Coles: Seconded by Alderperson Mohlenhoff WHEREAS, on April 1, 2009, the Common Council of the City of Ithaca authorized the Mayor to execute a Memorandum of Understanding (MOU) between the City of Ithaca, Tompkins County and Cornell University to develop, fund, and administer the Community Housing Affordability Program and the Community Housing Trust Program (Collectively known as the “Housing Fund”), and WHEREAS, a Housing Fund Program Oversight Committee (POC) has been established to govern the Housing Fund made up of representatives from each funder, including Alderperson Maria Coles, Alderperson J.R. Clairborne and IURA Member Doug Dylla from the City, but that final funding decisions regarding expenditure of City MOU funds shall be approved by the Common Council, and WHEREAS, on June 2, 2010, the Common Council for the City of Ithaca authorized disbursement of $100,000 of City Funds for affordable housing projects, and WHEREAS, Tompkins County (County) desires to serve as fiscal agent for the Housing fund, and WHEREAS, the POC recommends that the County act as a single fiscal agent for the Housing Fund whereby the County would enter into an agreement with the City and Cornell University to administer Cornell University and the City’s contribution to the Housing Fund, and January 5, 2011 8 WHEREAS, the Housing Trust MOU did not necessarily anticipate the formation of a fiscal agent for the Housing Fund to create single funding agreements with each recipient, but rather referenced that “each participating entity would have custody of and manage its individual contributions”, and “enter into an agreement for disbursement of funds to approved recipients based upon the template developed by the POC”, and WHEREAS, a proposed fiscal agency agreement, dated December 12, 2010, has been drafted to protect City interests but provide for the County to enter into uniform funding agreements with recipients of Housing Fund assistance, and WHEREAS, environmental review was previously completed on February 9, 2010 and June 2, 2010 for use of City funds to be administered through the proposed Fiscal Agency Agreement; now, therefore, be it RESOLVED, That the Common Council for the City of Ithaca hereby authorizes the Mayor, subject to advice of the City Attorney, to enter into an agreement to administer the City’s 2009 contribution to the Housing Fund that is substantially in conformance with the proposed Fiscal Agency Agreement to Implement the Housing Fund Program Between the County of Tompkins, the City of Ithaca and the Ithaca Urban Renewal Agency, dated December 12, 2010. Carried (9-0) (Alderperson Myrick absent from vote) 10.4 IURA - Housing Fund, 2010 Funding Round – Authorize Disbursement of $70,000 Pursuant to an Executed MOU - Resolution By Alderperson Coles: Seconded by Alderperson Clairborne WHEREAS, the Housing Fund Program Oversight Committee (POC) met on November 30, 2010, to review applications for funding submitted in July 2010 and recommended funding for the following affordable housing projects from the Housing Fund, which is jointly capitalized by Cornell University, Tompkins County and the City of Ithaca: Applicant Program Project Dollar Amount Recommended Number of Units Location INHS Trust INHS Community Housing Trust: New Construction/Substantial Rehabilitation $140,000 (grant) 7 owner- occupied units City of Ithaca, scattered sites Better Housing for Tompkins County Affordability Lansing Reserves $75,000 (loan) 80 unit Multi- family Northwoods Drive, Village of Lansing , and WHEREAS, on April 1, 2009, the Common Council of the City of Ithaca authorized the Mayor to execute a Memorandum of Understanding (MOU) between the City of Ithaca, Tompkins County and Cornell University to develop, fund, and administer the Community Housing Affordability Program and the Community Housing Trust Program (Collectively known as the “Housing Fund”), and WHEREAS, on April 1, 2009, the Common Council further found that the most appropriate locations for new housing units assisted through MOU funds are project sites located within existing urbanized areas of the County, rather than in new growth nodes or other areas of the County, and WHEREAS, the Community Housing Affordability Program assists with pre- development costs associated with residential, and mixed-use real estate development projects primarily benefiting low- and moderate-income households, and the Community Housing Trust Program is a program designed to ensure that newly constructed or rehabilitated homes that are made available to low- and moderate-income households remain affordable to future generations of buyers, and January 5, 2011 9 WHEREAS, City funds committed to the Housing Fund are derived from Gateway Loan proceeds held by the Ithaca Urban Renewal Agency, and WHEREAS, the POC unanimously recommended the following funding plan to match funding sources with housing projects recommended for funding: Funding Sources Cornell Tompkins City of Project Name University County Ithaca Total INHS Community Housing Trust – scattered sites $70,000$70,000 $140,000 BHFTC – Lansing Reserves $75,000 $75,000 Total Round #2 Allocation (2010) $75,000$70,000$70,000 $215,000 Round #1 Allocation (2009) $145,000$100,000$100,000 $345,000 Total Allocation $220,000 $170,000 $170,000 $560,000 Funds carried forward - round #3 $180,000$30,000$30,000 $240,000 and, WHEREAS, the POC recommends that the City contribution be earmarked for the INHS Community Housing Trust project that will involve new construction and/or substantial rehabilitation to create 7 affordable, owner-occupied housing units located within the City of Ithaca at 524-530 Chestnut Street (4 units), 507 Cascadilla Street (1 unit), 305 East Falls Street (1 unit) and 10 Hawthorne Place (1 unit); and WHEREAS, City of Ithaca funding is proposed to be used to fund construction and/or substantial rehabilitation of single family and two-family residences, which action qualifies as a Type II action listed at: • §176-5(C)(8): “construction or expansion of a single-family, a two family, or a three family residence on an approved lot including provision of necessary utility connections as provided in Subsection C(10),” and • §176-5(C)(2): “replacement, rehabilitation or reconstruction of a facility in kind on the same site, including upgrading buildings to meet building or fire codes,“ therefore, no further environmental review is required for this proposed action; now, therefore, be it RESOLVED, That the Common Council for the City of Ithaca hereby authorizes expenditure of up to $70,000, pursuant to the Housing Fund MOU, to assist the INHS Community Housing Trust: New Construction/Substantial Rehabilitation project as recommended by the Housing Fund Program Oversight Committee, and be it further, RESOLVED, That such funds shall be derived from Gateway Loan Proceeds held by the Ithaca Urban Renewal Agency, and be it further, RESOLVED, That the Mayor is authorized, subject to advice of the City Attorney, to execute a fiscal agency agreement with Tompkins County to implement this resolution. Carried Unanimously 10.5 Attorney’s Office - Request to Amend Personnel Roster - Resolution By Alderperson Coles: Seconded by Alderperson Myrick WHEREAS, the current Assistant City Attorney has requested a reduction in the hours she works for the City of Ithaca and the City Attorney wishes to grant said request, and WHEREAS, the demands on the City Attorney’s office necessitate backfilling for the reduced number of hours through hiring a temporary, part-time Associate Attorney, now therefore be it RESOLVED, That, effective January 10, 2011 Common Council hereby amends the 2011 Personnel Roster for the City Attorney’s Office as follows: January 5, 2011 10 Delete: One (1) Assistant City Attorney (40 hours) Add: One (1) Assistant City Attorney (20 hours) Add: One (1) temporary Associate Attorney (20 hours) and, be it further RESOLVED, That consistent with Civil Service Law, this temporary Associate Attorney position shall exist no more than twelve (12) months commencing from the date of appointment. Carried Unanimously 10.6 Common Council - A Property Tax Cap Must Include Mandate Relief - Resolution By Alderperson Coles: Seconded by Alderperson Mohlenhoff WHEREAS, the level of property taxation throughout New York State has reached levels that are considered too high, and WHEREAS, New York State is one of the states that imposes a high burden of inefficient mandates on municipalities, and WHEREAS, pension payments and health insurance costs, two of the largest components of every municipal budget over which local officials have little control have and continue to increase at exorbitant rates, and WHEREAS, pension costs from the State Retirement System will increase by an average of 40% in both 2011 and 2012, and WHEREAS, as a solution to New York’s property tax crisis, the Governor of New York and the New York State Legislature will, in 2011, consider enactment of legislation imposing a cap on the annual growth in property taxes, and WHEREAS, a property tax cap will only work if it is simultaneously accompanied by a repeal of current state mandates that require local governments to increase spending and property taxes, and WHEREAS, a property tax cap without repeal of costly state mandates will, by definition, lead to drastic cuts in essential local services and dramatic layoffs of municipal employees, and WHEREAS, our State government has both consistently reduced State Aid to Municipalities and has failed to amend the formulas which place municipalities with significant percentages of tax exempt properties at a considerable disadvantage in how it raises the monies needed for the delivery of essential services; now, therefore, be it RESOLVED, That the City of Ithaca Common Council, requests that the Governor of the State of New York, the members of the New York State Senate and New York State Assembly reform regulations for the cost drivers that account for high property taxes in New York State and find other methods for providing overdue property tax relief to the residents and businesses of New York State, and, be it further RESOLVED, That a copy of this resolution be forwarded to Governor Andrew Cuomo, State Senate Minority Leader John Sampson, State Senate Majority Leader Dean Skelos, Assembly Speaker Sheldon Silver, Assembly Minority Leader Brian Kolb, Senator Tom O’ Mara, Assemblywoman Barbara Lifton, and the New York State Conference of Mayors. Extensive discussion followed on the floor regarding the Governor’s State of the State address and the impacts that a property tax cap along with unfunded State mandates could have on the City of Ithaca. January 5, 2011 11 Amending Resolution: By Alderperson Dotson: Seconded by Alderperson Coles RESOLVED, That the first Resolved clause be amended to read as follows: “RESOLVED, That the City of Ithaca Common Council, requests that the Governor of the State of New York, the members of the New York State Senate and New York State Assembly reform regulations for the cost drivers that account for high property taxes in New York State and find other methods for providing overdue property tax relief to the residents and businesses of New York State, including pursuing revenue sources including taxes that recognize and do not increase the enormous wealth and income inequities in New York State, and, be it further” Alderperson McCollister stated that she agrees with the general sentiment of the language; however, she cannot support the amendment as it is not specific enough and it makes too many assumptions about the State of New York finances. She further noted that she believes that this topic deserves a larger discussion. Alderperson Zumoff concurred with Alderperson McCollister stating that the intent of the proposed language was good; however the actually wording was too vague and may apply to too many people that do not fit into that category. Alderperson Dotson explained that she understands that there are nuances to the concept and that is why she selected more vague language. She stated that the intent of this amendment was to send a statement to New York State that it is not appropriate to balance its budget by passing on costs to the local municipalities. She noted that it was her desire that the message to the State be unanimous, so she withdrew the proposed amendment with Alderperson Coles’ consent. A vote on the Main Motion resulted as follows: Carried Unanimously 10.7 Human Resources - Reallocation of City Clerk’s Position - Resolution By Alderperson Coles: Seconded by Alderperson Clairborne WHEREAS, Common Council authorized the creation of a Public Information Division in the City Clerk’s Office in the 2011 City of Ithaca budget, and WHEREAS, the implementation of the Public Information Division will result in a permanent and material change in the duties and responsibilities of the City Clerk, and WHEREAS, the additional duties and responsibilities that are being assumed by the City Clerk result in a change in the grade allocation of the position as determined by an updated point factor analysis of the position, and WHEREAS, funding for this grade reallocation was approved in the 2011 City Clerk’s Office budget, now, therefore, be it RESOLVED, That the position of City Clerk be reallocated from Grade 3 to Grade 4 of the City of Ithaca Managerial Compensation Plan. Discussion followed on the floor regarding the increased responsibilities of the City Clerk and the new methods of communication that will be implemented through the City Clerk’s office that will enable the City to communicate better with its residents. A vote on the Resolution resulted as follows: Carried Unanimously 10.8 City Controller’s Report City Controller Thayer reported to Common Council on the following items: - Year end activity is underway - The development of the dog control contract with the Tompkins County SPCA and the participating towns is taking a phased approach to keep all six municipalities on board. The City’s costs will decrease from a 2010 rate of $89,500 to a rate of $76,600 in 2012. January 5, 2011 12 - The 2010 challenges will continue into 2011 with important conversations taking place regarding staffing levels, service levels, and salaries. - Sales tax revenue for 2010 increased 4.8% to 4.9% above 2009 collections - Fine revenue will come in $125,000 above budgeted projections. - Parking revenues are $185,000 to $200,000 under budget. The Board of Public Works recently approved a Resolution that will eliminate the one hour free parking in City garages. - Revenue from the golf course is $24,000 under budget, perhaps because current rates are too high - State Aid revenue collection was decreased; however, that was anticipated and budgeted for - Overtime expenses are $1.3 million over budget - Health care costs are over budget - Pension cost payment of $3.1 million was made - Cash flow is tightening up - Lawsuits and claims against the City have been very active in 2010 and will continue into 2011. A question and answer session followed between Common Council members and the City Controller regarding health care, pension, and parking costs. 11. REPORT OF SPECIAL COMMITTEES: Charter and Code Review: Alderperson Cogan reported that the committee has been working on the following: Redistricting planning pursuant to the 2010 census data Board of Fire Commissioners legislation review Public Works Related Issues (see below) Boards and Committees –efforts to streamline the advisory board/committee structure. The committee would like feedback from Common Council liaisons on how boards and committees are working and communicating. Public Works Work Group: Debriefing from the interviews conducted with executives of different municipalities Identifying problems/solutions/next steps Proposals should be forthcoming in the first half of the year to regarding management structure and operational procedures Performance Measures Group: Alderperson Mohlenhoff reported that the committee has been meeting twice a month to establish an RFP for a consultant to develop a performance measurement system. The system should allow all city departments to identify goals, increase organizational effectiveness, identify citizen needs, and value the input of all city staff. She stated that 2011 goals for the committee include completing the RFP; developing audit policies and procedures; and designing and executing a city-wide survey. Capital Project Planning Committee: Alderperson Rosario reported on the two main goals of this committee: 1 - Resolving Council concerns about inability to make informed spending and borrowing decisions without larger context of future capital projects. 2 - Resolving the following areas of concern identified by the NYS Comptroller: i. need to establish a capital assets policy that reflects long-term goals and objectives ii. combining our existing equipment records with our infrastructure records so we have comprehensive records that can be used for funding and replacement. iii. creating and adopting a multi-year capital plan that is flexible, affordable and considers replacement costs January 5, 2011 13 Parking Ad-Hoc Committee: Alderperson Dotson reported that she has been working with City Chamberlain Parsons on this topic and would provide an update soon. Yard Waste: Alderperson Dotson reported that the switch from plastic to paper bags was made with virtually no complaints. This was a good example of effective public communication. She noted that discussions are taking place on implementing a fee per bag for yard waste. Alderperson Coles reported that a sub-committee of the City Administration Committee has been created to work on the issue of abandoned shopping carts which Alderperson Rooker will chair. 12. NEW BUSINESS: 12.1 Request of Downtown Ithaca Alliance to Permit Wine and Hard Cider Tasting and Sale of Bottled Wine and Hard Cider at the Winter Festival/ Chili Cook-Off on the Commons – Resolution By Alderperson Myrick: Seconded by Alderperson Zumoff RESOLVED, That the Downtown Ithaca Alliance shall be authorized to arrange for the sale of bottled wine and bottled hard cider and to permit tasting of wines and hard cider at booths during the Winter Festival/Chili Cook-Off, February 19, 2011 on the Ithaca Commons, 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 bottled wine and bottled hard cider on the Ithaca Commons, and, be it further RESOLVED, That the Downtown Ithaca Alliance or the participating winery or cider company shall agree to maintain liability insurance in the amount of $1,000,000.00 and Dram Shop Act coverage in the minimum amount of $500,000.00, and shall provide evidence of such insurance to the City Clerk. Carried Unanimously MAYOR’S APPOINTMENTS: 14.1 Resolution to Appoint City Representatives to the Tompkins County Council of Governments (TCCOG) By Alderperson Cogan: Seconded by Alderperson Rooker WHEREAS, the Tompkins County Intermunicipal Steering Committee has been meeting to discuss ways the local governments could work together to reduce costs to the residents; and WHEREAS, the Committee has learned that other Counties have created a Council of Governments made up of local government officials; and WHEREAS, the Tompkins County Council of Governments is intended to be an association of local governments organized to provide a forum for discussion, study, and negotiation leading to agreements for more efficient, improved, or more cost effective delivery of government services; and WHEREAS, the City of Ithaca desires to be a member of the Tompkins County Council of Governments; now, therefore, be it RESOLVED, That Mayor Carolyn K. Peterson is hereby approved as the voting member for the City of Ithaca of the Tompkins County Council of Governments; and be it further RESOLVED, That Maria Coles is appointed as the alternate voting member. Carried Unanimously January 5, 2011 14 Board of Fire Commissioners: By Alderperson McCollister: Seconded by Alderperson Mohlenhoff RESOLVED, That Maureen Kelly be reappointed to the Board of Fire Commissioners with a term to expire June 30, 2013, and be it further Commons Advisory Board: RESOLVED, That Tim Gray be appointed to the Commons Advisory Board to fill a vacancy with a term to expire December 31, 2011, and be it further Community Police Board: RESOLVED, That Charles Firenze be reappointed to the Community Police Board with a term to expire December 31, 2013. Conservation Advisory Council: RESOLVED, That Karimeh Shamieh be appointed to the Conservation Advisory Council to fill a vacancy with a term to expire December 31, 2013, and be it further Disability Advisory Council: RESOLVED, That Courtney Glenn be appointed to the Disability Advisory Council to fill a vacancy with a term to expire June 30, 2012, and be it further Public Art Commission: RESOLVED, That Jessica Shurberg be appointed to the Public Art Commission to fill a vacancy with a term to expire June 30, 2012, and be it further RESOLVED, That Samantha Hillson be appointed to the Public Art Commission to replace Wilka Roig with a term to expire June 30, 2013, and be it further Workforce Diversity Advisory Committee: RESOLVED, That Erin Sember be appointed to the Workforce Diversity Advisory Committee with a term to expire December 31, 2013. Carried Unanimously Board of Public Works: By Alderperson Cogan: Seconded by Alderperson McCollister RESOLVED, That Govind Acharya be appointed to the Board of Public Works to replace Cynthia Brock with a term to expire December 31, 2013. Extensive discussion followed on the floor regarding the current vacancy on the Board, and the Board member who will be replaced by this appointment and her wish to continue serving on the Board. Support was also expressed for the person being proposed for the appointment. Motion to Enter Into Executive Session to Discuss the Appointment and Removal of Individuals to a Board: By Alderperson Coles: Seconded by Alderperson Rosario RESOLVED, That Common Council adjourn into Executive Session to discuss the appointment and removal of individuals to a Board. Carried Unanimously Common Council reconvened into Regular Session with no formal action taken. A vote on the Resolution resulted as follows: Ayes (8) Coles, Dotson, Rosario, McCollister, Myrick, Rooker, Cogan, Mohlenhoff Nays (2) Clairborne, Zumoff Abstentions (0) Carried (8-2) REPORTS OF COMMON COUNCIL LIAISONS: Mayor Peterson asked Common Council members to let her know if they need to change any of their liaison positions for 2011. January 5, 2011 15 17. REPORT OF CITY ATTORNEY: City Attorney Hoffman reported to Common Council on the following: - New legal action – an employee of the Ithaca Fire Department has filed a Human Rights complaint claiming discrimination. This case is being handled by the City’s insurance carrier. - The City prevailed in an Article 78 proceeding brought by a City employee - Oral arguments on the Markles Flat case will take place in Albany tomorrow. A decision is expected in several weeks. Alderperson Mohlenhoff requested an update on the cell tower application by Verizon. Mayor Peterson responded that she is working with Assemblywoman Barbara Lifton and Jean McPheeters, Executive Director of the Tompkins County Chamber of Commerce on this issue. MINUTES FROM PREVIOUS MEETINGS: 18.1 Approval of the December 1, 2010 Regular Common Council Meeting Minutes – Resolution By Alderperson Zumoff: Seconded by Alderperson Coles RESOLVED, That the minutes of the December 1, 2010 Regular Common Council Meeting be approved with noted corrections. Carried Unanimously ADJOURNMENT: On a motion the meeting adjourned at 9:30 p.m. ______________________________ _______________________________ Julie Conley Holcomb, CMC Carolyn K. Peterson, City Clerk Mayor