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HomeMy WebLinkAboutMN-CC-2010-03-03COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 7:00 p.m. March 3, 2010 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 Superintendent of Public Works – Gray Deputy Fire Chief – Parsons GIAC Director – Fort Deputy Community Development Director - Kittel PLEDGE OF ALLEGIANCE: Mayor Peterson led all present in the Pledge of Allegiance to the American Flag. PROCLAMATIONS/AWARDS: Mayor Peterson presented the Quarterly Employee Recognition Award to Firefighter Shawn Flynn for his work in obtaining a grant that provided funds to purchase smoke and carbon monoxide detectors for installation in residential properties. She noted that one of the homes that received a carbon monoxide detector had an alarm activation. The Fire Department responded to the call, and all the occupants escaped safely. Fire Fighter Flynn was also recognized for his work on CPR instruction and car seat installations. Mayor Peterson further reminded everyone that as of March 1, 2010, the newly enacted “Amanda’s Law" became effective mandating the installation of carbon monoxide detectors in all homes. She encouraged everyone to educate themselves on this new requirement. Mayor Peterson proclaimed the week of March 1 - 7, 2010 as Peace Corps. Week in the City of Ithaca. SPECIAL ORDER OF BUSINESS: 4.1 Presentation of Greater Ithaca Activities Center Renovation Project GIAC Director Marcia Fort and Deputy Community Development Director Sue Kittel made a presentation to Common Council on the GIAC building renovation project. The renovation work is scheduled to be completed before July 6, 2010 which is the first day of summer camp programs. 4.2 Board of Fire Commissioner’s Report: Fire Commissioner Tom Hoard addressed Council to update them on the following items: • There have been no major fires in the past year • The civil service exam for fire fighters will be held on March 6, 2010; 346 people have applied to take the exam. • Tom Pirko has been hired as a new firefighter • The only vacancy in the department is the Fire Chief position and the filling of that vacancy is being deferred until 2011 • The Assistant Fire Chief civil service exam was given on January 9, 2010; however, the results are not available yet. • The Fire Prevention Bureau is now inspecting hotels, motels, and bed & breakfasts. • Two former firefighters passed away recently, Howard Teeter and Ray Foote. March 3, 2010 2 PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: Robin Palmer, Town of Lansing, commended Mayor Peterson and Alderperson Clairborne for attending the funeral ceremony for Shawn Greenwood. He also spoke to the resolutions that Common Council passed in 2007 and 2008 regarding the war in Iraq. He also distributed POW/MIA flags to the Mayor and Common Council members and remembered friends who were lost in previous wars. James Haines-Burnham, City of Ithaca, addressed Common Council regarding the possibility of Fall Creek Elementary School being closed by the Ithaca City School District. Carlos Gutierrez, Latino Civic Association, spoke in support of the proposed resolution regarding immigration reform. Tomo Shibata, Village of Cayuga Heights, addressed Common Council regarding cyber bullying. Fay Gougakis, City of Ithaca, addressed the following issues: the use of electronic devices in public meetings, the proposal to close Fall Creek Elementary School, the proposed change in meeting time for Common Council meetings, and Cornell Vet School waste. PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR: Mayor Peterson noted that March is Women’s History month and highlighted the National Women’s History project. Mayor Peterson shared her thoughts on the recent tragic event, where an IPD officer used lethal force in a drug search warrant that took place at Pete’s Grocery Store. She extended her concern to Sgt. Bryan Bangs and his family; and she extended her sympathy to the family of Shawn Greenwood. She also noted that she has also been in touch with the business owner. She stated that her priority now is to figure out how everyone can work together to heal the community as a whole. Alderperson Dotson encouraged the City’s participation in the activities scheduled to take place during “Earth Hour” (March 27, 2010) and asked Council members to help spread the word. Alderperson McCollister responded to Ms. Gougakis’ comment about the recent spill of Vet School waste into the City’s storm sewer. She noted that this will be a topic of conversation at the next Sewer Joint Committee meeting. Alderperson Rosario thanked the speakers for their comments and noted that he was pleased there would be a formal discussion on the Cornell Vet School spill. He announced that there would be a public meeting on March 10, 2010 at 7:00 p.m. at City Hall to discuss the contamination at the Clinton West Plaza. The NYS Department of Environmental Conservation will discuss the contamination and clean-up remedy. He further stated that public comment for this project has been extended until April 2, 2010. Alderperson Clairborne thanked the Mayor for her comments regarding the death of Shawn Greenwood. He stated that there is hurt and sympathies all around the community, and a lot of questions that will take time to discover the answers to as the investigation continues. He further stated that there are a lot of ugly statements being made right now, and he would encourage the community to let calm and peace prevail. He announced that there is a community forum being planned for young black males at Calvary Baptist Church. He reported that Ms. Frances Eastman passed away recently and noted that she was a community hero and past recipient of the J. Diann Sams Award, as well as having served on the Civil Service Commission. Ms. Eastman was also a Tompkins County Senior of the Year and was the first black records administrator for the former Tompkins Community Hospital. INDIVIDUAL MEMBER – FILED RESOLUTIONS: Alderperson Rosario requested to add the following resolution to the agenda. No Common Council member objected. March 3, 2010 3 13.1 Resolution Affirming the City’s Appreciation of Its Immigrants and Calling on the United States Congress to Enact Comprehensive Immigration Reform - Eric Rosario By Alderperson Rosario: Seconded by Alderperson Coles WHEREAS, we believe in the dignity of all City of Ithaca residents, regardless of immigration status, and recognize the importance of our immigrants’ many contributions to the social, religious, cultural and economic life of the City; and WHEREAS, according to the 2000 U.S. Census, one out of every ten City of Ithaca residents over the age of 18 is a non-citizen; and WHEREAS, pursuant to Ordinance Number 2003-13 adopted on July 9th, 2003, the Common Council of the City of Ithaca enacted a new Article 1 of Chapter 215 (Human Rights Protection), which Article is entitled “Antidiscrimination;” and WHEREAS, among other things, said Article extended human rights protection to City residents regardless of immigrant or citizenship status; and WHEREAS, the City of Ithaca has a major stake in a just and fair immigration system at the federal level; and WHEREAS, our nation’s immigration system continues to be broken, with the federal government pursuing an ineffective enforcement-only strategy that attempts to make the nation’s antiquated immigration laws fit current realities; and WHEREAS, our nation urgently needs legislation to correct the failings of our immigration system, to improve public safety and national security, to protect all workers regardless of immigration status from mistreatment by employers, to restore civil rights and liberties to all, to strengthen families, communities and our economy; and WHEREAS, the failure to achieve comprehensive immigration reform undermines respect for all immigrants and engenders an atmosphere of divisiveness and mistrust that is unhealthy for our society, and especially harmful for a diverse community like Ithaca; and WHEREAS, our broken immigration system has allowed persistent unequal administration of justice based on race or national origin at the local level as documented by the Southern Poverty Law Center in its September 2009 report “Climate of Fear: Latino Immigrants in Suffolk County, N.Y.,” and which has undermined effective community policing by discouraging the reporting of crime and cooperation with prosecutors in immigrant communities due to well-founded fears of immigration enforcement action against them, thereby putting entire communities at risk and undermining public safety for all; and WHEREAS, for the past decade federal immigration enforcement agents have been conducting raids of people’s homes without specific purpose or permission from a court of law and incarcerating anyone who cannot produce immigration status documents, resulting in minimal advances for national security and destructive effects on families, including children who are U.S. citizens by birth returning home from school to find that their parents have been taken away; and WHEREAS, pursuant to the Resolution titled “Statement on Immigration Enforcement,” adopted on April 4th, 2007, the Common Council of the City of Ithaca reaffirmed its Police Department’s traditional practice of not participating “in actions against immigrants solely on the basis of specific residents’ immigration status” and treating immigrants “with the same respect as all other City residents;” and WHEREAS, despite the aforementioned City resolution, our federal government’s continued pursuit of a strict enforcement-only strategy could have severe local consequences, including: the division of families in our City; the criminalization of socially beneficial work being performed by local agencies, churches and businesses which work with undocumented workers; the elimination of judicial review and due process for valued City residents; and the undermining of trust between City residents and their government; and March 3, 2010 4 WHEREAS, comprehensive immigration reform would help build healthy families and communities in our City by eliminating the tremendous backlog in family immigration faced by U.S. citizens and documented immigrants; and would create legal and orderly processes for those who want to come to the United States to work; and WHEREAS, comprehensive immigration reform would allow undocumented immigrants who have been living and working in the United States to emerge from the shadows and enter a path towards earning permanent legal status and citizenship; and WHEREAS, comprehensive immigration reform would free up enforcement resources to focus on those who pose a serious risk to national security or have violent criminal records; and WHEREAS, comprehensive immigration reform would allow employers who are trying to follow the law to do so without being undercut by unscrupulous employers who drive down wages and workplace standards; and WHEREAS, comprehensive immigration reform would boost our country’s ailing economy by raising incomes for all workers, yielding over $1.75 trillion to our GDP over a ten year period, generating billions in additional tax revenue and consumer spending, and supporting hundreds of thousands of jobs, according to “Raising the Floor for American Workers: The Economic Benefits of Comprehensive Immigration Reform,” a January 2010 joint report by the Immigration Policy Institute, Center for American Progress, and U.C.L.A.; and WHEREAS, said study’s findings have been publicly affirmed by the Cato Institute, which in its August 2009 study, “Restriction or Legalization,” reached similar conclusions, with both studies also concluding that attempting to mass deport millions of unauthorized workers, taxpayers, and consumers would only damage our economy; and WHEREAS, comprehensive immigration reform would support our City's commitment to the full integration of newcomers by providing immigrants with quality English instruction and the tools necessary for meaningful citizenship; and WHEREAS, the Honorable Kirsten Gillibrand, U.S. Senator of the State of New York, requested in writing in February 2009 that the Department of Homeland Security immediately cease their practice of warrantless raids; and WHEREAS, the Honorable Charles E. Schumer, U.S. Senator of the State of New York and Chairperson of the Senate’s Subcommittee on Immigration Affairs, has declared his intention to introduce comprehensive immigration reform legislation to the Senate; and WHEREAS, a bill, the “Comprehensive Immigration Reform for America’s Security and Prosperity Act of 2009,” H.R. 4321, was introduced to the House of Representatives on December 15th, 2009 by Representative Solomon P. Ortiz from Texas, and is a significant step towards comprehensive immigration reform; now therefore be it RESOLVED, That the Common Council of the City of Ithaca calls on the U.S. Congress to enact comprehensive immigration reform that will include replacing our ineffective enforcement-only policy; ceasing the practice of warrantless raids; and providing a pathway for undocumented immigrants towards earning legal permanent status and citizenship; and further RESOLVED, That the Common Council of the City of Ithaca expresses its appreciation to all people from around the world who have made Ithaca their home and in so doing have helped to make Ithaca one of the most vibrant, safe and attractive communities in the United States; and further RESOLVED, That the City of Ithaca’s Clerk send copies of this resolution to U.S. Senators Schumer and Gillibrand; to Representatives Maurice Hinchey and Michael Arcuri; and all the other members of the Honorable New York State Congressional delegation. March 3, 2010 5 Alderperson Rosario noted that it is at the local level where people see the failure of federal regulations. Alderperson Coles provided historical facts of abuses faced by immigrants coming to the United States. Mayor Peterson noted that while she cannot vote on this resolution she cares very deeply about this issue and made contributions to it. She noted how important this resolution is to the community. A Vote on the Resolution Resulted As Follows: Carried Unanimously 13.2 Resolution to the Board of Education Regarding the Closure of Fall Creek Elementary School By Alderperson Cogan: Seconded by Alderperson Mohlenhoff WHEREAS, the Ithaca City School District Board of Education is responsible for providing an excellent education for the students within the school district, and WHEREAS, the school district is facing a $3.25 million reduction in state aid due to budget cuts in Albany, in addition to over $7 million in increased expenses, and WHEREAS, the City of Ithaca Common Council recognizes the very difficult choices facing the Board of Education as it seeks to close an unprecedented budget deficit, and WHEREAS, while the Board of Education and Common Council are separate political entities, decisions made by one body may have ramifications that affect areas of responsibility of the other, and WHEREAS, among other responsibilities, Common Council is responsible for the health of our neighborhoods and the maintenance of city infrastructure, and WHEREAS, the Board of Education is considering the closure of Fall Creek Elementary School, sending the current K-5 students to other schools and turning Fall Creek Elementary into a pre-K center for all the other schools in the district, and WHEREAS, on May 4, 2005 Common Council endorsed the US Mayors Climate Protection Agreement, which calls for taking local actions to reduce global warming, such as adopting land use policies that “create compact, walkable urban communities,” and WHEREAS, the Fall Creek neighborhood is precisely the kind of neighborhood we are trying to promote, with two-thirds of the students at Fall Creek able to walk and bike to school, and WHEREAS, Fall Creek Elementary serves as a central part of the Fall Creek neighborhood, offering the opportunity for parents to walk and bike to school with their children and meet other parents and children, thereby promoting interaction and connections and helping to create a sense of cohesiveness and community, and WHEREAS, students living south of Six Mile Creek are members of the Fall Creek Elementary school community, and the school thereby helps to provide a bridge between two downtown neighborhoods, and WHEREAS, currently, only one school bus in the morning and two in the afternoon are needed each day to transport students to and from Fall Creek Elementary, while the number of trips in private automobiles is also low, and March 3, 2010 6 WHEREAS, turning Fall Creek Elementary into a pre-K center would result in a dramatic increase in the number of car and bus trips to the neighborhood, straining the capacity of the streets and intersections and increasing the emissions of greenhouse gases, now therefore be it RESOLVED, That Common Council respectfully requests that the Board of Education consider all of the implications of closing Fall Creek Elementary School and that it do everything within its power to prevent the closure of this important neighborhood school, and be it further RESOLVED, That a copy of this resolution be sent to members of the Board of Education and to the Superintendent of Schools, Dr. Judith Pastel. Alderperson Cogan explained the slight change made to the 10th whereas clause from the agenda version of the Resolution. He further noted that discussions of the Ithaca City School Board continue and the proposed scenario appears unlikely at this time. Alderperson Mohlenhoff thanked the social movement that occurred in the Fall Creek neighborhood and noted how effectively they mobilized, shared information, and voiced their opinions. Alderperson Myrick stated that he supports the resolution but is uncomfortable in passing a formal resolution that is directly related to an Ithaca City School District budget issue. Alderperson Clairborne stated that he agrees with all the statements that have been made. He is supportive of Common Council raising its voice over this issue but he is concerned about the passing of a formal resolution. He distributed a proposed letter to the Board of Education that he recommended sending, as opposed to the adoption of a formal resolution. He questioned how Common Council should handle these types of community issues and how it addresses its concerns with other governmental bodies. Alderperson Cogan noted that he appreciated the work of Alderperson Clairborne in making the letter more personal; however, as no policy currently exists, he stated that he is comfortable with the resolution as written. He noted that it would be good to have a policy discussion in the future. Alderperson Coles stated that there is some urgency to this matter, and Council members haven’t had an opportunity to review the letter in advance of the meeting. Alderperson McCollister stated that she supports the resolution, and appreciates the effort by Alderperson Clairborne. She noted that she thinks the City’s stance on sustainability is in keeping with the actions of this resolution. Alderperson Clairborne stated that the consideration of this resolution would set a precedent and cited numerous occasions where Common Council members took individual stances and actions on issues; but has never taken action as a legislative body. Motion to Table the Resolution Indefinitely – Resolution By Alderperson Cogan: Seconded by Alderperson Myrick RESOLVED, That the Resolution be tabled indefinitely. Ayes (4) Myrick, Rooker, Cogan, Clairborne Nays (6) Coles, Dotson, Rosario, McCollister, Zumoff, Mohlenhoff Abstentions (0) Failed Alderperson Rosario noted that there has been a compelling argument presented, but feels that both the letter and resolution would be precedent setting. Alderperson Dotson noted that she does not see any problem with adopting a resolution. March 3, 2010 7 Motion to Call the Question By Alderperson Mohlenhoff: Seconded by Alderperson Dotson RESOLVED, That the Question be called on the resolution. Ayes (9) Coles, Dotson, Rosario, McCollister, Zumoff, Rooker, Myrick, Cogan, Mohlenhoff Nays (1) Clairborne Abstentions (0) Carried Main Motion: A Vote on the Main Motion Resulted As Follows: Ayes (9) Coles, Dotson, Rosario, McCollister, Zumoff, Rooker, Myrick, Cogan, Mohlenhoff Nays (1) Clairborne Abstentions (0) Carried CITY ADMINISTRATION COMMITTEE: 10.1 Change of Starting Time of Monthly Council Meetings from 7:00 PM TO 5:30 PM - Resolution By Alderperson Coles: Seconded by Alderperson Mohlenhoff WHEREAS, the City of Ithaca Common Council presently meets on the first Wednesday of each month at 7:00 PM, and WHEREAS, Common Council meetings have often continued into late evening hours, thus reducing the possibility for public participation as well as the public's ability to follow these proceedings broadcast on Public Access Television, and WHEREAS, it is desirable that Common Council meetings be conducted during a time period that would be more convenient for the public to attend these meetings; now, therefore, be it RESOLVED, The Common Council of the City of Ithaca supports moving the Common Council meeting time from 7:00 PM to 5:30 PM on the usual meeting day, the first Wednesday of each month. Alderperson Coles stated that having Common Council meetings start at 7:00 p.m. is difficult when meetings run into the late hours. She noted that it is difficult for Council members to concentrate and make appropriate decisions. She explained that the proposed meeting time would create a conflict with the Board of Public Works meeting, so they will be looking for another meeting date. Extensive discussion followed on the floor with Common Council members offering their opinions regarding the earlier meeting time and how it would impact the community and city staff. Amending Resolution: By Alderperson Clairborne: Seconded Alderperson Coles RESOLVED, That the last Resolved clause be amended to read as follows: “RESOLVED, The Common Council of the City of Ithaca now sets the regular Common Council meeting time as 6:00 PM on the usual meeting day, the first Wednesday of each month.” Carried Unanimously Amending Resolution: By Alderperson Clairborne: Seconded by Alderperson Coles RESOLVED, That the last Resolved clause be further amended to read as follows: “RESOLVED, The Common Council of the City of Ithaca now sets the regular Common Council meeting time as 6:00 PM on the usual meeting day, the first Wednesday of each month effective May 5, 2010.” Carried Unanimously March 3, 2010 8 Amending Resolution: By Alderperson Coles: Seconded by Alderperson Mohlenhoff RESOLVED, That the last Resolved clause be amended again to read as follows: “RESOLVED, The Common Council of the City of Ithaca now sets the regular Common Council meeting date for the remainder of 2010 as 6:00 PM on the first Wednesday of each month effective May 5, 2010.” Carried Unanimously Main Motion As Amended: A vote on the Main Motion as Amended resulted as follows: Ayes (9) Coles, Dotson, Rosario, Clairborne, McCollister, Rooker, Myrick, Mohlenhoff, Cogan Nays (1) Zumoff Abstentions (0) Carried 10.2 Water & Sewer Division- Request to Standardize on Master Meter Radio Read Water Meters - Resolution By Alderperson Coles: Seconded by Alderperson Clairborne WHEREAS, this Common Council has been requested by the DPW Water and Sewer Division to standardize to Master Meter water meter equipment to be used by the Water and Sewer Division and to authorize the City to purchase approved equipment from the manufacturer, or a representative thereof, and WHEREAS, radio based automatic meter reading systems are proprietary by manufacturer, radio read system components are not interchangeable between manufacturers; although there are a number of different commercially available systems with different features and capabilities, DPW staff along with Johnson Controls staff worked together from January of 2007 to January of 2008 to research, identify, and select the best and most cost effective available radio read water meter system to meet the City’s needs and goals, and WHEREAS, Johnson Controls incorporated the use of the selected Master Meter radio read water meter system in their proposed performance contract with the City of Ithaca, and WHEREAS, On April 2, 2008 at a regular meeting of Common Council the resolution for “Approval of Johnson Controls Water Meter Project’ carried unanimously, and WHEREAS, On April 17, 2008 the “Performance Contract – Water Meters” was executed by the City with Johnson Controls, and WHEREAS, A Master Meter radio read water meter system was implemented and all water meters City wide were either replaced with Master Meter water meters or retrofitted with Master Meter water meter register heads from July 2008 to December 2008, and WHEREAS, it is deemed to be in the best interest of the City for reasons of efficiency, compatibility and economics to approve such standardization as more fully spelled out in the following items: 1. Master Meter is the current water meter and water meter reading equipment used in the City; 2. Master Meter water meters are compatible with radio frequency used by the City’s current field and office equipment for reading the meters (data collection) and data processing; 3. Master Meter water meter equipment is compatible with the data format used in the City’s current water meter field and office software for record keeping and data analysis, and in the Govern billing system used by the City; 4. Master Meter water meters and equipment are less expensive than other equivalent water meters purchased with the additional equipment March 3, 2010 9 necessary to ensure their compatibility with the current data format for collection, processing, analyses, record keeping, and billing processes; 5. This action will minimize the inventory of repair parts which will have to be maintained for the service of said meter equipment; 6. Labor costs for maintenance and service associated with a standard equipment will be less than different types of meter equipment; 7. Standardization will require service training only a single type of equipment; now, therefore be it RESOLVED, That pursuant to Section 103, subdivision 5 of General Municipal Law of the State of New York, this Common Council hereby authorizes the standardization to, and purchase and use of Master Meter radio read water meters and associated equipment for the City of Ithaca Department of Public Works Water & Sewer Division. Carried Unanimously 10.3 Amendment to 2010 Budget for Commons Clock Tower Repairs – Resolution By Alderperson Coles: Seconded by Alderperson Mohlenhoff WHEREAS, the City of Ithaca has received a donation of $20,000 from the Tompkins Trust Company, and WHEREAS, the donation will allow the City to repair the time and temperature towers at the three main entrances of the Commons; now, therefore be it RESOLVED, That the 2010 Commons budget shall be amended as follows: Increase Revenue Account: 2705 Gifts and Donations $20,000 Increase Appropriate Accounts: 5411-5225 Other Equipment $20,000 Carried Unanimously Alderperson Coles extended her thanks to the Tompkins Trust Company for their donation to the City. 10.4 City Controller’s Report City Controller Thayer reported to Common Council on the following items: • 2009 final numbers are still being worked on; the deficit is projected to be lower than originally reported. • 2010 fine revenues are on budget • Sales tax collections are the same as last year for this time period • The Controller’s office is closely monitoring State budget issues and projected cuts in aid • The flexibility in 2010 budget has been greatly reduced • Snow removal budget for 2009 ended lower than for 2008; but 2010 is already increased over the 2009 budget. • Cash flow levels are steady • Authorized Capital Projects may be funded by the “Build America Bonds Program” which will save on interest costs • Parking revenues are off budget by $399,000, he will be updating the Board of Public Works to look for ways to offset this amount. • There is a proposed increase to the gross tax receipts Discussion followed on the floor regarding the equipment issues that have impacted Green Street surface parking lot. Parking meters will be installed and the lot should be re-opened by the end of the week. March 3, 2010 10 12. NEW BUSINESS: 12.1 Common Council’s Appointment to the Local Advisory Board of Assessment Review – Resolution By Alderperson Myrick: Seconded by Alderperson McCollister RESOLVED, That Tom Clavel and Bill Goldsmith be appointed to the Local Advisory Board of Assessment Review. Carried Unanimously 12.2 Mahogany Grill Alcohol Permit Request - Resolution By Alderperson McCollister: Seconded by Alderperson Myrick WHEREAS, the City Clerk has received a request to allow the Mahogany Grill restaurant to utilize certain areas along Aurora Street for outdoor dining, and WHEREAS, this use of public property has been deemed proper and successful, and WHEREAS, the City of Ithaca wishes to promote diverse uses of the Primary and Secondary Commons, including outdoor dining, and WHEREAS, it is Common Council's responsibility to determine whether or not to allow the serving and consumption of alcohol on the Primary and Secondary Commons, and WHEREAS, Common Council has determined that the use of this public property for outdoor dining at the Mahogany Grill Restaurant, 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 2010, Common Council hereby approves a revocable Alcoholic Beverage Permit for the outdoor sale and consumption of alcohol for the Mahogany Grill 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 12.3 Taste of Thai Alcohol Permit Request - Resolution By Alderperson McCollister: Seconded by Alderperson Myrick WHEREAS, the City Clerk has received a request to allow the Taste of Thai 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 the Taste of Thai Restaurant, 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 2010, Common Council hereby approves a revocable Alcoholic Beverage Permit for the outdoor sale and consumption of alcohol for the Taste of Thai 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 March 3, 2010 11 12.4 Simeon’s Alcohol Permit Request - Resolution By Alderperson McCollister: Seconded by Alderperson Myrick WHEREAS, since 1987 the City of Ithaca has issued a license to Simeon's Restaurant allowing that restaurant to utilize certain areas along Aurora Street and on the Ithaca Commons for outdoor dining, and WHEREAS, this use of public property has generally been deemed proper and successful, and WHEREAS, the City of Ithaca wishes to promote diverse uses of the Ithaca 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 Ithaca Commons, and WHEREAS, Common Council has determined that the use of this public property for outdoor dining at Simeon's Restaurant, 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 2010, Common Council hereby approves a revocable Alcoholic Beverage Permit for the outdoor sale and consumption of alcohol for Simeon's Restaurant that includes the sale of alcohol in accordance with the terms and conditions set forth in the application therefore, including minimum Dram Shop coverage in the amount of $1,000,000 and the approval of an outdoor dining permit. Carried Unanimously 14. MAYOR’S APPOINTMENTS: 14.1 Appointment of City Representatives to the Recreation Partnership Board - Resolution By Alderperson Clairborne: Seconded by Alderperson Myrick RESOLVED, That Joan Spielholz be reappointed to the Recreation Partnership Board as the City’s representative, with a term to expire on December 31, 2010, and be it further RESOLVED, That Maria Coles be reappointed to the Recreation Partnership Board as the City’s representative, with a term to expire on December 31, 2010. Carried Unanimously 14.2 Appointment to Board of Public Works – Resolution: By Alderperson Cogan: Seconded by Alderperson Zumoff RESOLVED, That William W. Goldsmith be appointed to the Board of Public Works to replace Ray Schlather with a term to expire December 31, 2012. Carried Unanimously 15. REPORTS OF COMMON COUNCIL LIAISONS: Eric Rosario, Common Council Liaison to Tompkins County Community Action (TC Action) noted that he distributed a report to Common Council members and highlighted items from the report as follows: Tompkins Community Action has been the recipient of a number of ARRA grants that have, and will, provide services to some of our most vulnerable citizens 1. Early Head Start Grant – funded through Dept of Health & Human Services 2. JobsBuild Program – funded through Community Service Block Grant (NYS Dept of State, OCS) 3. Energy Services – funded through the Department of Energy March 3, 2010 12 REPORT OF CITY ATTORNEY: City Attorney Hoffman reported that there had been no new litigation in the past month. He reported that the Article 78 hearing with the Ithaca City School District concerning the Markles Flat Building would be going to court soon. He further updated Council on the litigation taking place regarding the 400 block of East Seneca Street. City Attorney Hoffman noted that he distributed a memo to Common Council and the Board of Public Works regarding the dredging decision that explains jurisdiction of each body. He explained that the Mayor would prefer to have the discussion about dredging at either the March Planning Committee Meeting or the March Committee of the Whole meeting. Issues related to oversight and land use would be discussed at that meeting. MINUTES FROM PREVIOUS MEETINGS: 18.1 Approval of the February 3, 2010 Regular Common Council Meeting Minutes – Resolution By Alderperson Myrick: Seconded by Alderperson Zumoff RESOLVED, That the minutes of the February 3, 2010 Regular Common Council Meeting be approved with noted corrections. Carried Unanimously 18.2 Approval of the February 24, 2010 Special Common Council/Board of Public Works Meeting Minutes – Resolution By Alderperson Zumoff: Seconded by Alderperson Myrick RESOLVED, That the minutes of the February 24, 2010 Special Common Council/Board of Public Works Meeting be approved with noted corrections. Carried Unanimously ADJOURNMENT: On a motion the meeting adjourned at 10:20 p.m. ______________________________ _______________________________ Julie Conley Holcomb, CMC Carolyn K. Peterson, City Clerk Mayor