HomeMy WebLinkAboutMN-CC-2010-07-07COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 6:00 p.m. July 7, 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
Planning & Development Director – Cornish
Superintendent of Public Works – Gray
Human Resources Director – Michell-Nunn
Planner - Kusznir
PLEDGE OF ALLEGIANCE:
Mayor Peterson led all present in the Pledge of Allegiance to the American Flag.
ADDITIONS TO OR DELETIONS FROM THE AGENDA:
Mayor Peterson requested the deletion of Item 12.2 entitled “P & C Redevelopment –
Common Council Endorsement to the Tompkins County Industrial Development Agency
of the Proposed Redevelopment of the former P & C Plaza located at 210 Hancock
Street, to Include Approximately 15,000 Square Foot Full-Service, Neighborhood
Grocery Store – Resolution” from the agenda.
Alderperson Rosario requested that Item 8.1 entitled “Department of Public Works –
Request to Amend Personnel Roster” be removed from the Consent Agenda and
placed under the City Administration Committee agenda as he had questions about it.
No Council member objected.
PROCLAMATIONS / AWARDS:
Mayor Peterson proclaimed July 26, 2010 as “Americans with Disabilities Act
Celebration Day” in the City of Ithaca.
SPECIAL ORDER OF BUSINESS:
A Public Hearing to Consider the Proposal to Amend Chapter 325 of the City of
Ithaca Municipal Code entitled “Zoning” to establish a new R-3aa Zoning
District.
Resolution to Open Public Hearing:
By Alderperson Cogan: Seconded by Alderperson Rosario
RESOLVED, That the Public Hearing to Consider the Proposal to Amend Chapter 325
of the City of Ithaca Municipal Code entitled “Zoning” to establish a new R-3aa Zoning
District be declared open.
Carried Unanimously
Mayor Peterson explained that this item will not be voted on this evening and that it will
most likely be brought to a vote at the August 4, 2010 Common Council meeting. She
further noted that the Planning & Economic Development Committee meeting would
provide an additional opportunity for the public to comment on this issue, and written
comments are also being accepted.
The following people addressed Common Council in opposition to the proposed new R-
3aa Zoning District:
George Ferrari, City of Ithaca
Daniel Hirtler, City of Ithaca
John Novarr, City of Ithaca
Robert Smith, Attorney for John Novarr
July 7, 2010
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Scott F. Chatfield, Attorney for John Novarr
John Langley, Attorney for John Novarr
Holly Gump, City of Ithaca
Joel Harlan, Town of Newfield
The following people addressed Common Council in support of the proposed new R-
3aa Zoning District:
Jemma Macera, City of Ithaca
Teresa Halpert, City of Ithaca
David Halpert, City of Ithaca
Alphonse Pieper, City of Ithaca
Genie Hurme, City of Ithaca
Herman Young, City of Ithaca
Frances Weissman, City of Ithaca
Anne Sullivan, City of Ithaca
Betsy Darlington, City of Ithaca
William Olney, City of Ithaca
Resolution to Close Public Hearing:
By Alderperson Coles: Seconded by Alderperson McCollister
RESOLVED, That the Public Hearing to Consider the Proposal to Amend Chapter 325
of the City of Ithaca Municipal Code entitled “Zoning” to establish a new R-3aa Zoning
District be declared closed.
Carried Unanimously
SPECIAL PRESENTATIONS BEFORE COUNCIL:
Town of Ithaca
Town of Ithaca Supervisor, Herb Engman, reported to Common Council on the following
items:
Comprehensive Plan Update:
The 2009 resident survey has been completed and is posted on the Town’s website.
Focus Group data has been collected and neighborhoods have been visited. The top
concerns of residents are traffic speed and pace of residential development.
The topic of nodal development has generated a lot of discussion in the Town and the
hope is that by addressing nodal development, mass transit systems and access to
local services can be improved.
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
Amy Crockford, Town of Ithaca, addressed Common Council regarding an incident that
occurred in 2009 involving an Ithaca Police Officer. Ms. Crockford alleged that she was
verbally and physically assaulted by the Officer. She voiced concern that no
consequences have occurred as a result of that incident, and requested the removal of
the police officers who were involved.
Ryan Losinger, Town of Ithaca, addressed Common Council regarding security
upgrades for the Ithaca Police Department that include in-car surveillance systems.
Judy Crockford, Town of Dryden, voiced her concern regarding the mistreatment of her
daughter by an Ithaca Police Officer.
Connie Fiocco LoPinto, Town of Dryden, questioned whether or not the Police Officer
who mistreated Ms. Crockford had exhibited this type of behavior before and if so, why
he had not been removed from office.
Joel Harlan, Town of Newfield, addressed Common Council regarding services for the
less fortunate.
Edward Weissman, City of Ithaca, thanked the Officers of the Ithaca Police Department
for keeping the peace during Senior Week and the end- of-year activities. He noted that
these proactive actions set standards for the entire school year.
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Andrew Zepp, Finger Lakes Land Trust, spoke in favor of the City’s financial support of
the Land Trust’s acquisition of 170 acres in the Town of Dryden for the preservation of
the Six Mile Creek watershed.
Betsy Darlington, City of Ithaca, addressed Common Council in support of the City’s
financial support for acquisition of land for the Six Mile Creek Watershed by the Land
Trust.
Stephanie Sechler, City of Ithaca and member of the Finger Lakes Land Trust,
addressed Common Council in support of the protection of land in the Six Mile Creek
Watershed Area.
PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR:
Alderperson Myrick addressed comments that were directed toward Alderperson
Zumoff, and noted that Common Council members are representatives for their
constituents and need to maintain a city-wide view on the issues.
Alderperson Dotson thanked Alderperson Rosario for taking the initiative to provide
written notification to the affected property owners of the proposed zoning changes and
thanked the speakers for their comments. She further voiced concern about allegations
of discrimination.
Alderperson Zumoff thanked Alderperson Myrick for his comments, and clarified that no
one has the authority to stop the Collegetown Terrace Apartment project. He noted that
the zoning can be changed, the Planning Board can encourage project modications,
those changes, but the project cannot be stopped.
Alderperson Clairborne responded to comments made about the Ithaca Police
Department and noted that two different sentiments were expressed tonight. He stated
that the City should not tolerate discrimination that harms people and should
acknowledge and give recognition to people who are doing the right thing.
Alderperson Cogan responded to comments made by Ms. Crockford. He noted that he
does not know all the facts of the case, and commented that personnel performance
issues are very complex and the City is constrained to a certain extent by union
contracts. He noted that the wheels of government turn slowly, but they are turning.
CONSENT AGENDA ITEMS:
City Administration Committee:
8.2 Request to Amend 2010 Budget for Sale of Equipment - Resolution
By Alderperson Rosario: Seconded by Alderperson Myrick
WHEREAS, the Department of Public Works (DPW) Parks and Forestry Division
recently sold a tractor and a vehicle at auction for $10,710, and
WHEREAS, the DPW would like to use the funds to purchase a replacement tractor for
the Parks Division in the near future, and
WHEREAS, these funds were unanticipated in the 2010 budget; now, therefore be it
RESOLVED, That Common Council hereby amends the 2010 Authorized DPW Budget
as follows for the purchase of a replacement tractor in the Parks Division:
Increase Revenue Account
A7111-2665 Parks Sale of Equipment $10,710
Increase Appropriation Account
A7111-5225 Parks Other Equipment $10,710
Carried Unanimously
8.3 Finance/Controller’s Office - Request to Approve Civil Service Agreement
for the Year 2010-2011 - Resolution
By Alderperson Rosario: Seconded by Alderperson Myrick
RESOLVED, That the Mayor and City Clerk be authorized and directed to execute an
agreement between the City of Ithaca and Ithaca City School District for performance of
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services by the City in connection with Civil Service matters for the period July 1, 2010
to June 30, 2011 in the amount of $50,355 payable to the City of Ithaca on or before
November 1, 2010.
Carried Unanimously
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE:
9.1 Selection of a Preferred Site for the Location of a Sediment Management
Facility – Resolution
By Alderperson Dotson: Seconded by Alderperson McCollister
WHEREAS, on June 9, 2006, Common Council authorized the filing of an application for
funds from the New York State Department of State Environmental Protection Fund’s
Local Waterfront Revitalization Program in accordance with the provisions of Title 11 of
the Environmental Protection Act of 1993 in an amount not to exceed $133,178.00, or
50% of the original estimated project costs for the Planning and Design phases of the
project to dredge the lower reaches of Cayuga Inlet, the Flood Control Channel, Fall
Creek, Cascadilla Creek, and Six Mile Creek, and
WHEREAS, in the fall 2006 the City was awarded the grant funds, and
WHEREAS, in January 2007 the City, issued a Request for Proposals for project
planning and design and selected Ecologic L.L.C. (lead) with ERM (subcontractor), and,
WHEREAS, the main objective of the planning phase was the identification of a
preferred alternative for the location of a sediment management facility, which required
conducting a site reconnaissance of the project area and potential dewatering sites, and
WHEREAS, work on the site reconnaissance was guided by the Dredging Project
Advisory Committee (DPAC), which met four times between April 2007 and March
2010, and by the agencies involved in the project; NYSDEC, US Army Corps of
Engineers, and NYS Canal Corporation, and
WHEREAS, the consultant, working in coordination with city staff completed a Draft Site
Reconnaissance Report which compiled existing conditions of the project area and
potential sites, including, land use, zoning, ownership and natural and cultural resources
in the project area, sediment testing and analysis results, current channel profiles
derived from 2008 bathymetry, user surveys, an economic analysis of the waterway, a
legal analysis of site constraints and a matrix of all potential dewatering sites, and
WHEREAS, the Draft Site Reconnaissance Report was reviewed by the agencies
involved in the project and amended based on their comments and recommendations,
and
WHEREAS, in March of 2010 the Draft Site Reconnaissance Report was distributed to
the members of DPAC, Common Council and the Board of Public Works and have been
made it available to the public, and the report was presented by the consultant and city
staff to the three groups at a public meeting, and
WHEREAS, Members of the DPAC have submitted individual statements regarding
their preference and rational for a preferred alternative for the location of a sediment
management facility site based on the Draft Site Reconnaissance Report, and those
statements have been compiled and distributed to the Board of Public Works and
Common Council, and
WHEREAS, the Board of Public Works and Common Council understand the
responsibilities of the agencies in the dredging project to be as follows:
United States Army Corps of Engineers (ACOE): The ACOE constructed the
Flood Control Channel (designated as the stream segment extending from the
outlet at Cayuga Lake south to the end of the channel) and associated levee
system. The ACOE periodically (usually annually) participates in joint inspections
of the Federal risk management project with the sponsor (NYSDEC) to evaluate
overall project conditions and the adequacy of their operation and maintenance
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efforts. An inspection rating of “Minimally Acceptable” or better is necessary for
the project to remain active in the ACOE Rehabilitation and Inspection Program
(RIP). Projects that remain active in the RIP may be eligible for Federal
assistance if they are damaged by a major storm or flood event. Projects that are
inactive are ineligible for such assistance. Risks associated with project
deficiencies are communicated by ACOE to project stakeholders. ACOE may
provide emergency operations assistance prior to or during a flood event,
whether a project is active or inactive.
New York State Department of Environmental Conservation (NYSDEC).
Responsibility for maintenance of the flood control portion of the waterways was
conveyed to New York State upon completion, through the NYSDEC. NYSDEC
is responsible on behalf of the State of New York for all dredging necessary for
flood control.
New York State Canal Corporation The Canal Corporation is responsible for
maintaining a navigation channel in Cayuga Inlet from the Buffalo St. Bridge to
the lighthouse.
City of Ithaca The City has responsibility for “ordinary maintenance” of the Flood
Control Channel, which has included mowing, brush removal and other work
along the banks of the channel, and
WHEREAS, on March 31, 2010, at a joint meeting of Common Council and the Board of
Public Works, it was decided by mutual agreement that the Board of Public Works
would undertake the task of selecting a preferred site, and that at the completion of this
process, would submit their preferred site to Common Council for final approval, and
WHEREAS, the Board of Public Works has completed an analysis of the potential sites
which has included review of the Draft Site Reconnaissance Report, undertaken site
visits to the former southwest park and to the sediment management facility in Montour
Falls, and participated in discussions with city staff and consultants, and
WHEREAS, Common Council understands that selection of the preferred alternative
allows the next phase of the project to commence. This phase will include
environmental review (likely an Environmental Impact Statement) of the preferred
alternative as well as design, permitting and construction of the facility. Clarification
regarding legal, financial, schedule, management, and other arrangements between the
City and NYSDEC (and, to a lesser extent NYS Canal Corporation) will also be part of
the next phase, and
WHEREAS, Common Council and the members of the Board of Public Works have
taken into consideration the following criteria when deciding on a preferred alternative
for the City’s Sediment Management Facility: adequate acreage to service the initial
dredging event, as well as future long term maintenance dredging needs; accessibility
and proximity of the site to the Cayuga Inlet, Flood Control Channel and creeks;
ownership of land; technical feasibility and feasibility in regards to acquiring permits and
approvals, and acceptability to the public, and
WHEREAS, the Board of Public Works has selected the Southwest area (see seven (7)
sites listed in Table 14 of the Decision Matrix) as their recommended preferred
alternative for the location of a Sediment Management Facility and has requested that
Common Council confirm this selection by vote prior to the City undertaking
environmental review, project design, and coordination with state agencies, now
therefore be it
RESOLVED, That Common Council concurs with the recommendation of the Board of
Public Works and selects the Southwest area as the preferred alternative for the
location of a Sediment Management Facility, and be it further
RESOLVED, That if the involved agencies, with cooperation from the City, cannot
resolve any potential issues on the site, or if any issues arise during the course of the
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next phase of the project that cannot be resolved, a reevaluation of the other upland
sites for a sediment management facility will be necessary.
Alderperson Dotson thanked Sr. Planner Lisa Nicholas for her extensive work on this
project. She also thanked members of the Dredging Committee and noted that this is
a project with many involved agencies, so there are many steps that need to be
taken before the construction can begin.
Alderperson Zumoff thanked the Board of Public Works for their work on producing
this recommendation.
City Attorney Hoffman recommended several wording substitutions. He explained
the need for additional language regarding an environmental review, noting that the
“Action” would be the fact that sediment is building up in the waterways, dredging
would be the proposed solution.
Amending Resolution:
By Alderperson Dotson: Seconded by Alderperson Myrick
RESOLVED, That the 11th Whereas clause be amended to read as follows:
“WHEREAS, on March 31, 2010, at a joint meeting of Common Council and the Board
of Public Works, it was decided by mutual agreement that the Board of Public Works
would undertake the task of selecting a preferred site, and that at the completion of this
process, would submit their preferred site to Common Council for confirmation [final
approval], and”
And, be it further
RESOLVED, That the last Whereas clause be amended to read as follows:
“WHEREAS, the Board of Public Works has selected the Southwest area (see seven (7)
sites listed in Table 14 of the Decision Matrix) as their recommended preferred
alternative for the location of a Sediment Management Facility and has requested that
Common Council confirm [this selection] such designation by vote, prior to the City
undertaking environmental review, [project design] final decision making on the project,
and coordination with state agencies, now therefore be it”
And, be it further
RESOLVED, That the first Resolved clause be amended to read as follows:
“RESOLVED, That Common Council concurs with the recommendation of the Board of
Public Works and [selects] designates the Southwest area as the preferred alternative
for the location of a Sediment Management Facility, pending environmental review as
required prior to a final decision on the project, and be it further “
Carried Unanimously
Main Motion As Amended:
A vote on the Main Motion as Amended resulted as follows:
Carried Unanimously
Alderperson Rosario thanked the staff of the Planning Department for their assistance in
getting the R-3aa zoning letters out to the affected residents. He noted that it was a
huge undertaking that was not required by the City, but it was the right thing to do.
CITY ADMINISTRATION COMMITTEE:
10.1 DPW – Request to Amend Capital Projects #743, #519 (Water) and #619
(Sewer) Columbia Street Pedestrian Bridge Improvements - Resolution
By Alderperson Coles: Seconded by Alderperson Dotson
WHEREAS, bids were received for Columbia Street Pedestrian Bridge Rehabilitation
Project on May 25, 2010, and
WHEREAS, the total current project budget authorization of $1,727,628 (composed of
$180,000 from General Fund, $370,000 from Water & Sewer Funds, $1,077,628 from
Federal ARRA Fund and $100,000 from Cornell University Transportation Fund) was
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based upon the engineer’s pre-bid estimate of $1,959,060 (composed of $222,000 for
design, $144,000 for Construction Support and Construction Inspection, $1,523,059.91
for Construction, and $70,000 for Contingency and Short Term Borrowing Expense),
and
WHEREAS, R. DeVincentis Construction Inc. submitted the low bid for the Columbia
Street Pedestrian Bridge Rehabilitation Project in the amount of $1,943,000, and
WHEREAS, the amended project budget is projected to be $2,397,628 (composed of
$222,000 for design, $1,943,000 for construction, $144,000 for construction support and
$88,628 for Contingency and Short Term Borrowing), and
WHEREAS, the City of Ithaca Board of Public Works recommends that the Common
Council increase the total project budget authorizations for the Columbia Street
Pedestrian Bridge Rehabilitation Project in the amount of $670,000, and
WHEREAS, the cost differences are outlined as follows:
Authorization General Fund
CP# 743
Water
CP# 519
Sewer
CP# 619
Total
Current $180,000 $185,000 $185,000 $550,000
Proposed $403,000 $243,000 $574,000 $1,220,000
Increase $223,000 $58,000 $389,000 $670,000
now, therefore, be it
RESOLVED, That the City of Ithaca Common Council amends the Capital Project
budget authorizations for the Columbia Street Pedestrian Bridge Rehabilitation Project,
Capital Projects #743, #519 and #619, by the sum of $670,000, for a total project
authorization of $2,397,628, and be it further
RESOLVED, That the Mayor be and hereby is authorized to execute this contract, and
that the Superintendent of Public Works be and hereby is authorized to administer the
same, once the necessary funding is in place for this $2,400,000 project, and be it
further
RESOLVED, That the additional funds of the $670,000 shall be derived from the
issuance of Bonds.
Alderperson Coles explained that the City was fortunate to receive Federal stimulus
funds for this project, and noted that the bridge is a critical means of transportation for
the South Hill and East Hill areas of the City.
Alderperson Rosario questioned why there was such a large difference between project
estimates and bids. Alderperson Coles responded that some of it had to do with the
water and sewer infrastructure included in the project, such as the by-pass pumping for
the sewer component.
A vote on the Resolution resulted as follows:
Carried Unanimously
10.2 IURA - Fund Add/Alt Energy Efficiency Upgrade for Southside Community
Center Gym Air Conditioning Project - Resolution
By Alderperson Coles: Seconded by Alderperson Clairborne
WHEREAS, the Ithaca Urban Renewal Agency (IURA) is implementing a 2007
Community Development Block Grant (CDBG) project to install air conditioning in the
Southside Community Center Gym, and
WHEREAS, the project was bid out seeking a base bid and included an Add Alternative
for upgraded controls to improve energy efficiency, and
WHEREAS, at the bid opening on June 8, 2010, a low base bid of $61,661 was
received on the project, and
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WHEREAS, the low bidder priced the Add Alternative at $3,598 to include differential
demand controlled ventilation sensors (DCV sensors), and
WHEREAS, the base bid project budget, without the Add Alternative, totals $68,961 as
follows:
$61,661 construction contract base-bid
$1,500 architect/commissioning
$2,000 owner’s representative (City Engineering Dept.)
$100 printing
$3,700 construction contingency (6%)
$68,961 Total
, and
WHEREAS, the IURA has $69,056.82 available to fund the project, an amount
insufficient to fund the Add Alternative, and
WHEREAS, the mechanical engineer who developed the bid package recommends
inclusion of the upgraded control system that will save energy costs in cooling zones
with sporadic occupancy, and
WHEREAS, NYSERDA prequalifies the inclusion of DCV sensors in newly installed air
conditioning control systems in municipal buildings for a financial incentive, and
WHEREAS, City Engineering staff estimates that the DCV sensors will have a payback
of less than two years in this application, and
WHEREAS, Capital Reserve #24 - Energy Program Improvements - was established to
fund energy efficiency improvements such as the DCV sensors and has an unobligated
balance of $55,000; now, therefore be it
RESOLVED, That the Common Council hereby authorizes the expenditure of funds in
the amount not to exceed $5,000 from Capital Reserve #24 Energy Program
Improvements for the purpose of upgrading controls on the Southside Community
Center Gym Air Conditioning project to include Demand Control Ventilation sensors that
will improve energy efficiency, and be it further
RESOLVED, That the City Controller is hereby authorized to implement this resolution.
Carried Unanimously
10.3 Attorney’s Office - Authorization of $25,000 Expenditure from Capital
Project #292 Watershed Land Acquisition - Resolution
By Alderperson Coles: Seconded by Alderperson Rosario
WHEREAS, the City of Ithaca relies upon Six Mile Creek as its drinking water source;
and
WHEREAS, the City recently decided to rebuild its water filtration system at Six Mile
Creek, which decision commits the City to continued reliance upon that source for
decades to come; and
WHEREAS, more than 20 years ago the City established a capital project account for
“watershed protection,” which account has been utilized on several occasions to
purchase land in the vicinity of Six Mile Creek (mainly within the Town of Ithaca), in
some instances for water quality purposes (i.e., upstream of the 60-foot-dam) and in
some instances to protect the recreational and/or ecological value of the land (i.e.,
downstream of the dam), and which account has been replenished from time to time
after such expenditures; and
WHEREAS, said Capital Project #292 Watershed Land Acquisition currently contains
$120,000; and
WHEREAS, the Finger Lakes Land Trust seeks to purchase a 170-acre parcel of land
that borders on the headwaters area of Six Mile Creek (with 6,000 feet of creek frontage
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and numerous springs that feed the creek), in the Town of Dryden, in order to provide
permanent protection of the land from development, and to make parts of it available for
public visitation and appreciation; and
WHEREAS, the Land Trust has requested modest financial support for this acquisition
from Tompkins County, the Town of Dryden and the City of Ithaca; and
WHEREAS, City residents will reap tangible benefits from the protection of the property
in question, with regard to water quality and the availability of additional land for low-
impact recreation; now therefore be it
RESOLVED, That the City of Ithaca Common Council hereby supports the efforts of the
Finger Lakes Land Trust to acquire and protect the Berntsson property on Irish
Settlement Road in the Town of Dryden (tax map parcel 63-1-18); and be it further
RESOLVED, That the Mayor, upon the advice of the City Attorney, be and hereby is
authorized to execute a memorandum of understanding between the City and the Land
Trust, setting forth the type of protection and benefits to the City to be provided by the
Land Trust, with regard to this property, and the use of any funds made available by the
City; and be it further
RESOLVED, That upon the execution of said memorandum, the allocation of $25,000
from Capital Project #292 Watershed Land Acquisition is hereby authorized, which sum
shall be provided to the Land Trust for the sole purpose of supporting the acquisition of
said property.
Alderperson Mohlenhoff thanked the Finger Lakes Land Trust for championing this
issue. She noted it had been discussed at many meetings and is a great example of
inter-municipal cooperation.
Alderperson Zumoff expressed his support for this Resolution and noted that open
green space in other municipalities is supported by the housing density in the City.
Alderperson Clairborne noted the importance of protection of the watershed area as it is
a precious commodity in the Northeast.
A vote on the Resolution resulted as follows:
Carried Unanimously
10.4 A Resolution Authorizing a Grant Submission for Park Development under
the Environmental Protection Act and Land and Water Conservation Fund, for the
Design and Construction of the Stewart Park Performance Pier
By Alderperson Coles: Seconded by Alderperson McCollister
WHEREAS, the New York State Department of State has announced the availability of
grant funding for Parks Development under the Environmental Protection Act and Land
and Water Conservation Fund, and
WHEREAS, Common Council desires to submit an application for the design and
construction of a performance pier and trail head plaza at Stewart Park, and
WHEREAS, This project furthers the City’s goal of providing improved waterfront access
to all citizens and visitors, including children and those with mobility impairment and
WHEREAS, The project implements the Cayuga Lake Waterfront Revitalization Plan,
furthers progress on the Cayuga Waterfront Trail, a six mile multi-use loop that connects
all significant attractions and interprets historic resources along Ithaca’s waterfront, is
listed as a “Key Park Rehabilitation Project” in the Stewart Park Rehabilitation Action
Plan, and restores meaning to a site around the pavilions that have lost their historic
function for gathering, performance and viewing Cayuga Lake, now, therefore, be it
RESOLVED, That Carolyn K. Peterson, as Mayor for the City of Ithaca, is hereby
authorized and directed to file an application for funds from the New York State Office of
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Parks, Recreation and Historic Preservation in accordance with the provisions of Title
11 of the Environmental Protection Act of 1993 in an amount not to exceed $240,000 for
a total project cost of $320,000.00 and upon approval of said request to enter into and
execute a project agreement with the State for such financial assistance to the City of
Ithaca to design and construct a performance pier at Stewart Park, and be it further
RESOLVED, That the 25 % local share of this grant application will be derived from in-
kind services and community contributions through the Cayuga Waterfront Trail Initiative
and the Chamber of Commerce and no City funds will be expended.
Carried Unanimously
10.5 A Resolution Authorizing the Issuance of an Additional $650,000 Bonds of
the City of Ithaca, Tompkins County, New York, to Pay Part of the Cost of
Stormwater Site Improvements at Water and Sewer Facilities, in and for said City
By Alderperson Coles: Seconded by Alderperson Zumoff
WHEREAS, all conditions precedent to the financing of the capital project hereinafter
described, including compliance with the provisions of the State Environmental Quality
Review Act, have been performed; and
WHEREAS, it is now desired to authorize additional bonds for the financing thereof,
now, therefore, be it
RESOLVED, by the affirmative vote of not less than two-thirds of the total voting
strength of the Common Council of the City of Ithaca, Tompkins County, New York, as
follows:
Section 1. For the class of objects or purposes of paying part of the cost of
stormwater site improvements at water and sewer facilities, including survey work,
installation of catch basins, fence replacement, repavement of site parking and stock
yard, and incidental improvements and expenses, in and for the City of Ithaca,
Tompkins County, New York, there are hereby authorized to be issued an additional
$650,000 bonds pursuant to the provisions of the Local Finance Law. Said class of
objects or purposes is hereby authorized at the new maximum estimated cost of
$910,000.
Section 2. The plan for the financing of such $910,000 maximum estimated cost is as
follows:
a) By the issuance of the $260,000 bonds of said City heretofore authorized to be
issued therefor pursuant to a bond resolution dated December 5, 2007; and
b) By the issuance of the additional $650,000 bonds of said City herein authorized.
Section 3. It is hereby determined that the period of probable usefulness of the
aforesaid specific object or purpose is forty years, pursuant to subdivision 1 of
paragraph a of Section 11.00 of the Local Finance Law, computed from January 17,
2008, the date of the first bond anticipation note issued therefor.
Section 4. The faith and credit of said City of Ithaca, Tompkins County, New York,
are hereby irrevocably pledged for the payment of the principal of and interest on such
obligations as the same respectively become due and payable. An annual
appropriation shall be made in each year sufficient to pay the principal of and interest on
such obligations becoming due and payable in such year. There shall annually be
levied on all the taxable real property of said City, a tax sufficient to pay the principal of
and interest on such obligations as the same become due and payable.
Section 5. Subject to the provisions of the Local Finance Law, the power to authorize
the issuance of and to sell bond anticipation notes in anticipation of the issuance and
sale of the bonds herein authorized, including renewals of such notes is hereby
delegated to the City Controller, the chief fiscal officer. such notes shall be of such
terms, form and contents, and shall be sold in such manner, as may be prescribed by
said City Controller, consistent with the provisions of the Local Finance Law.
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Section 6. Such bonds shall be in fully registered form and shall be signed in the
name of the City of Ithaca, Tompkins County, New York, by the manual or facsimile
signature of the City Controller and a facsimile of its corporate seal shall be imprinted or
impressed thereon and may be attested by the manual or facsimile signature of the City
Clerk.
Section 7. All other matters, except as provided herein relating to such bonds,
including determining whether to issue such bonds having substantially level or
declining debt service and all matters related thereto, prescribing whether manual or
facsimile signatures shall appear on said bonds, prescribing the method for the
recording of ownership of said bonds, appointing the fiscal agent or agents for said
bonds, providing for the printing and delivery of said bonds (and if said bonds are to be
executed in the name of the City by the facsimile signature of the City Controller,
providing for the manual countersignature of a fiscal agent or of a designated official of
the City), the date, denominations, maturities and interest payment dates, place or
places of payment, and also including the consolidation with other issues, including, but
not limited to, the power to sell said serial bonds to the New York State Environmental
Facilities Corporation, shall be determined by the City Controller. It is hereby
determined that it is to the financial advantage of the City not to impose and collect from
registered owners of such serial bonds any charges for mailing, shipping and insuring
bonds transferred or exchanged by the fiscal agent, and, accordingly, pursuant to
paragraph c of Section 70.00 of the Local Finance Law, no such charges shall be so
collected by the fiscal agent. Such bonds shall contain substantially the recital of
validity clause provided for in section 52.00 of the Local Finance Law and shall
otherwise be in such form and contain such recitals in addition to those required by
section 52.00 of the Local Finance Law, as the City Controller shall determine.
Section 8. The validity of such bonds and bond anticipation notes may be contested
only if:
1) Such obligations are authorized for an object or purpose for which said City is not
authorized to expend money, or
2) The provisions of law which should be complied with at the date of publication of
this resolution are not substantially complied with, and an action, suit or proceeding
contesting such validity is commenced within twenty days after the date of such
publication, or
3) Such obligations are authorized in violation of the provisions of the Constitution.
Section 9. This resolution shall constitute a statement of official intent for purposes of
Treasury Regulations Section 1.150-2. Other than as specified in this resolution, no
monies are, or are reasonably expected to be, reserved, allocated on a long-term basis,
or otherwise set aside with respect to the permanent funding of the object or purpose
described herein.
Section 10. This resolution, which takes effect immediately, shall be published in full or
summary form in the Ithaca Journal, the official newspaper, together with a notice of
the City Clerk in substantially the form provided in Section 81.00 of the Local Finance
Law.
The question of the adoption of the foregoing resolution was duly put to a vote on roll
call, which resulted as follows:
Alderperson Coles VOTING Aye
Alderperson Dotson VOTING Aye
Alderperson Clairborne VOTING Aye
Alderperson Rosario VOTING Aye
Alderperson McCollister VOTING Aye
Alderperson Zumoff VOTING Aye
Alderperson Rooker VOTING Aye
Alderperson Myrick VOTING Aye
Alderperson Mohlenhoff VOTING Aye
Alderperson Cogan VOTING Aye
The resolution was thereupon declared duly adopted.
July 7, 2010
12
Alderperson McCollister asked if these were new bond issues and if so, would it impact
the City’s rating. City Controller Thayer responded that they are new bond issues;
however, Water & Sewer funds are exempt. As a result, these bond issues will not
apply to the City’s debt limit but will be included in the City’s debt service.
10.6 A Resolution Authorizing the Issuance of an Additional $59,774 Bonds of
the City of Ithaca, Tompkins County, New York, to Pay Part of the Cost of Slope
Stabilization on the Southeast Side of the Spencer Street Traffic Circle, in and for
said City.
By Alderperson Coles: Seconded by Alderperson Clairborne
WHEREAS, all conditions precedent to the financing of the capital project hereinafter
described, including compliance with the provisions of the State Environmental Quality
Review Act, have been performed; and
WHEREAS, it is now desired to authorize additional bonds for the financing thereof,
now, therefore, be it
RESOLVED, by the affirmative vote of not less than two-thirds of the total voting
strength of the Common Council of the City of Ithaca, Tompkins County, New York, as
follows:
Section 1. For the specific object or purpose of paying part of the cost of slope
stabilization on the southeast side of the Spencer Street traffic circle to prevent slope
failure, including incidental improvements and expenses, in and for the City of Ithaca,
Tompkins County, New York, there are hereby authorized to be issued an additional
$59,774 bonds pursuant to the provisions of the Local Finance Law. Said specific
object or purpose is hereby authorized at the new maximum estimated cost of
$345,774.
Section 2. The plan for the financing of such $345,774 maximum estimated cost is as
follows:
a) By the issuance of the $286,000 bonds of said City heretofore authorized to be
issued therefor pursuant to a bond resolution dated December 3, 2008; and
b) By the issuance of the additional $59,774 bonds of said City herein authorized.
Section 3. It is hereby determined that the period of probable usefulness of the
aforesaid specific object or purpose is five years, pursuant to subdivision 35 of
paragraph a of Section 11.00 of the Local Finance Law.
Section 4. The faith and credit of said City of Ithaca, Tompkins County, New York,
are hereby irrevocably pledged for the payment of the principal of and interest on such
obligations as the same respectively become due and payable. An annual
appropriation shall be made in each year sufficient to pay the principal of and interest on
such obligations becoming due and payable in such year. There shall annually be
levied on all the taxable real property of said City, a tax sufficient to pay the principal of
and interest on such obligations as the same become due and payable.
Section 5. Subject to the provisions of the Local Finance Law, the power to authorize
the issuance of and to sell bond anticipation notes in anticipation of the issuance and
sale of the bonds herein authorized, including renewals of such notes, is hereby
delegated to the City Controller, the chief fiscal officer. such notes shall be of such
terms, form and contents, and shall be sold in such manner, as may be prescribed by
said City Controller, consistent with the provisions of the Local Finance Law.
Section 6. Such bonds shall be in fully registered form and shall be signed in the
name of the City of Ithaca, Tompkins County, New York, by the manual or facsimile
signature of the City Controller and a facsimile of its corporate seal shall be imprinted or
impressed thereon and may be attested by the manual or facsimile signature of the City
Clerk.
Section 7. All other matters, except as provided herein relating to such bonds,
including determining whether to issue such bonds having substantially level or
July 7, 2010
13
declining debt service and all matters related thereto, prescribing whether manual or
facsimile signatures shall appear on said bonds, prescribing the method for the
recording of ownership of said bonds, appointing the fiscal agent or agents for said
bonds, providing for the printing and delivery of said bonds (and if said bonds are to be
executed in the name of the City by the facsimile signature of the City Controller,
providing for the manual countersignature of a fiscal agent or of a designated official of
the City), the date, denominations, maturities and interest payment dates, place or
places of payment, and also including the consolidation with other issues, shall be
determined by the City Controller. It is hereby determined that it is to the financial
advantage of the City not to impose and collect from registered owners of such serial
bonds any charges for mailing, shipping and insuring bonds transferred or exchanged
by the fiscal agent, and, accordingly, pursuant to paragraph c of Section 70.00 of the
Local Finance Law, no such charges shall be so collected by the fiscal agent. Such
bonds shall contain substantially the recital of validity clause provided for in section
52.00 of the Local Finance Law and shall otherwise be in such form and contain such
recitals in addition to those required by section 52.00 of the Local Finance Law, as the
City Controller shall determine.
Section 8. The validity of such bonds and bond anticipation notes may be contested
only if:
1) Such obligations are authorized for an object or purpose for which said City is not
authorized to expend money, or
2) The provisions of law which should be complied with at the date of publication of
this resolution are not substantially complied with,
and an action, suit or proceeding contesting such validity is commenced within twenty
days after the date of such publication, or
3) Such obligations are authorized in violation of the provisions of the Constitution.
Section 9. This resolution shall constitute a statement of official intent for purposes of
Treasury Regulations Section 1.150-2. Other than as specified in this resolution, no
monies are, or are reasonably expected to be, reserved, allocated on a long-term basis,
or otherwise set aside with respect to the permanent funding of the object or purpose
described herein.
Section 10. This resolution, which takes effect immediately, shall be published in full or
summary form in the Ithaca Journal, the official newspaper, together with a notice of
the City Clerk in substantially the form provided in Section 81.00 of the Local Finance
Law.
The question of the adoption of the foregoing resolution was duly put to a vote on roll
call, which resulted as follows:
Alderperson Coles VOTING Aye
Alderperson Dotson VOTING Aye
Alderperson Clairborne VOTING Aye
Alderperson Rosario VOTING Aye
Alderperson McCollister VOTING Aye
Alderperson Zumoff VOTING Aye
Alderperson Rooker VOTING Aye
Alderperson Myrick VOTING Aye
Alderperson Mohlenhoff VOTING Aye
Alderperson Cogan VOTING Aye
The resolution was thereupon declared duly adopted.
10.7 A Resolution Authorizing the Issuance of $670,000 Additional Serial Bonds
of the City of Ithaca, Tompkins County, New York to Pay the Additional Cost of
the Reconstruction of the Columbia Street Pedestrian Bridge, in and for said City.
By Alderperson Coles: Seconded by Alderperson Dotson
WHEREAS, all conditions precedent to the financing of the capital improvement
hereinafter described, including compliance with the provisions of the State
Environmental Quality Review Act, have been performed; and
July 7, 2010
14
WHEREAS, it is now desired to authorize additional bonds for the financing thereof,
now, therefore, be it
RESOLVED, by the affirmative vote of not less than two-thirds of the total voting
strength of the Common Council of the City of Ithaca, Tompkins County, New York, as
follows:
Section 1. For the purpose of paying additional cost of reconstruction of the
Columbia Street Pedestrian Bridge, in and for the City of Ithaca, Tompkins County, New
York, including incidental improvements and expenses in connection therewith, there
are hereby authorized to be issued $670,000 additional bonds of said City, pursuant to
the provisions of the Local Finance Law, provided, however, that to the extent that any
Federal or State grants-in-aid are received for such specific object or purpose, the
amount of bonds to be issued pursuant to this resolution shall be reduced dollar for
dollar.
Section 2. The maximum estimated cost of said specific object or purpose is now
determined to be $2,397,628 and the plan for the financing thereof is as follows:
a) $1,447,628 bond previously authorized pursuant to a bond resolution dated and
duly adopted on December 2, 2009;
b) $670,000 additional bonds herein authorized; and
c) $100,000 monies of said City to be received from Cornell University and hereby
appropriated therefor.
d) $180,000 monies from Capital Reserve Fund for bridge construction hereby
appropriated therefor.
Section 3. It is hereby determined that the period of probable usefulness of the
aforesaid specific object or purpose is 20 years, pursuant to subdivision 92, based upon
subdivisions 1, 4 and 10 of paragraph a of Section 11.00 of the Local Finance Law,
computed from June 15, 2010, the date of the first bond anticipation note issued
therefor.
Section 4. The faith and credit of said City of Ithaca, Tompkins County, New York,
are hereby irrevocably pledged for the payment of the principal of and interest on such
obligations as the same respectively become due and payable. An annual
appropriation shall be made in each year sufficient to pay the principal of and interest on
such obligations becoming due and payable in such year. There shall annually be
levied on all the taxable real property of said City, a tax sufficient to pay the principal of
and interest on such obligations as the same become due and payable.
Section 5. Subject to the provisions of the Local Finance Law, the power to authorize
the issuance of and to sell bond anticipation notes in anticipation of the issuance and
sale of the bonds herein authorized, including renewals of such notes, is hereby
delegated to the City Controller, the chief fiscal officer. such notes shall be of such
terms, form and contents, and shall be sold in such manner, as may be prescribed by
said City Controller, consistent with the provisions of the Local Finance Law.
Section 6. Such bonds shall be in fully registered form and shall be signed in the
name of the City of Ithaca, Tompkins County, New York, by the manual or facsimile
signature of the City Controller and a facsimile of its corporate seal shall be imprinted or
impressed thereon and may be attested by the manual or facsimile signature of the City
Clerk.
Section 7. All other matters, except as provided herein relating to such bonds,
including determining whether to issue such bonds having substantially level or
declining debt service and all matters related thereto, prescribing whether manual or
facsimile signatures shall appear on said bonds, prescribing the method for the
recording of ownership of said bonds, appointing the fiscal agent or agents for said
bonds, providing for the printing and delivery of said bonds (and if said bonds are to be
executed in the name of the City by the facsimile signature of the City Controller,
providing for the manual countersignature of a fiscal agent or of a designated official of
July 7, 2010
15
the City), the date, denominations, maturities and interest payment dates, place or
places of payment, and also including the consolidation with other issues, shall be
determined by the City Controller. It is hereby determined that it is to the financial
advantage of the City not to impose and collect from registered owners of such serial
bonds any charges for mailing, shipping and insuring bonds transferred or exchanged
by the fiscal agent, and, accordingly, pursuant to paragraph c of Section 70.00 of the
Local Finance Law, no such charges shall be so collected by the fiscal agent. Such
bonds shall contain substantially the recital of validity clause provided for in section
52.00 of the Local Finance Law and shall otherwise be in such form and contain such
recitals in addition to those required by section 52.00 of the Local Finance Law, as the
City Controller shall determine.
Section 8. The validity of such bonds and bond anticipation notes may be contested
only if:
1) Such obligations are authorized for an object or purpose for which said City is not
authorized to expend money, or
2) The provisions of law which should be complied with at the date of publication of
this resolution are not substantially complied with,
and an action, suit or proceeding contesting such validity is commenced within twenty
days after the date of such publication, or
3) Such obligations are authorized in violation of the provisions of the Constitution.
Section 9. This resolution shall constitute a statement of official intent for purposes of
Treasury Regulations Section 1.150-2. Other than as specified in this resolution, no
monies are, or are reasonably expected to be, reserved, allocated on a long-term basis,
or otherwise set aside with respect to the permanent funding of the object or purpose
described herein.
Section 10. This resolution, which takes effect immediately, shall be published in full or
summary form in the Ithaca Journal, the official newspaper, together with a notice of
the City Clerk in substantially the form provided in Section 81.00 of the Local Finance
Law.
The question of the adoption of the foregoing resolution was duly put to a vote on roll
call, which resulted as follows:
Alderperson Coles VOTING Aye
Alderperson Dotson VOTING Aye
Alderperson Clairborne VOTING Aye
Alderperson Rosario VOTING Aye
Alderperson McCollister VOTING Aye
Alderperson Zumoff VOTING Aye
Alderperson Rooker VOTING Aye
Alderperson Myrick VOTING Aye
Alderperson Mohlenhoff VOTING Aye
Alderperson Cogan VOTING Aye
The resolution was thereupon declared duly adopted.
8.1 Department of Public Works - Request to Amend Personnel Roster -
Resolution
By Alderperson Coles: Seconded by Alderperson Mohlenhoff
WHEREAS, the Acting Assistant Superintendent of Public Works is preparing for the
retirement of the Motor Equipment Maintenance Supervisor in January 2011 and is
planning for a smooth transition through a more appropriate distribution of the work load
of that position’s present responsibilities, as well as through sufficient training of the
person who will assume the position, and
WHEREAS, staff is proposing that: 1) a Motor Equipment Mechanic Supervisor position
be added to the day shift; 2) that this position be filled through a promotion; 3) that a
Motor Equipment Mechanic position be dropped after the probationary period for the
Motor Equipment Mechanic Supervisor position, and
July 7, 2010
16
WHEREAS, this approach will allow for the appropriate training of the new Motor
Equipment Maintenance Supervisor under the supervision of the present supervisor
who has held the position for 12 years, and
WHEREAS, staff has found funding within the Streets & Facilities budget to cover the
additional costs for this transition; now, therefore, be it
RESOLVED, That the Motor Equipment Mechanic Supervisor position be added to the
DPW Streets & Facilities Roster and that a Motor Equipment Mechanic position be
dropped from the roster once the successful candidate has become permanent, and be
it further
RESOLVED, That the additional funding required for these changes come from the
existing Streets and Facilities budget.
Alderperson Rosario questioned whether the funding for this item was from the existing
departmental operational budget. Superintendent of Public Works Gray explained that
the funding would come from unspent money in the personnel lines.
A vote on the Resolution resulted as follows:
Carried Unanimously
City Controller’s Report
City Controller Thayer reported to Common Council on the following items:
2011 Budget Preparation
Work has begun on the 2011 budget and department budgets are due by 8/1/10.
• The City is developing a 5 year funding plan for capital projects. The total
amount of 2011 capital project requests equals more than $10 million. The Capital
Project Committee will be prioritizing these projects and making a recommendation
to Common Council. A new process has been developed to consider capital project
requests.
• Pension costs are growing dramatically (40-60% increase for 2011)
• Health insurance costs are increasing.
• Building permit revenue remains flat.
• Increasing labor related costs.
• Sales tax revenue is improving.
• Taxable assessments = 1% growth, which is smaller than 2009
• State aid decreases are being projected.
2010 Activities:
• Sales tax collections are encouraging with a 10.5% increase from 2009
• Parking revenue is on pace to be $200,000 less than budgeted.
• Fine revenue is on pace to be over budget projections.
• Building permit fees are on pace to meet budget projections.
• Health insurance costs are significantly above budgeted projections. The Health
Insurance Consortium is still trying to work on issues regarding union
representation on the Board of Directors (two members to represent all of the
unions). IPD/IFD/TCSD are not supportive of the initiative at this time. The
Consortium is working to collect the required reserve funds ($2.3 million required)
as surety bonds and letters of credit are not allowed. $1.3 million has been
contributed to date. An application has been submitted to NYS Insurance
Department as is and the City is waiting to hear back.
• NYS Budget is being approved in pieces, CHIPs funding has not been changed.
• The State AIM payment was approximately $2.7 million which is 5% less than
2009 and the City does expect further decreases in funding from that source.
• There has been slight improvement in procurement reform.
• There is a proposal for a property tax cap that would apply to municipal taxes
only
July 7, 2010
17
• Retirement incentive programs are proposed and the City would need to “opt
in” to the program to participate.
• The CPI for May was 3.3%
• The City’s legal costs impact insurance premiums as well.
Possible Motion to Enter Into Executive Session to Discuss Labor Negotiations -
Resolution
By Alderperson Coles: Seconded by Alderperson McCollister
RESOLVED, That Common Council enter into Executive Session to Discuss Labor
Negotiations.
Alderperson Mohlenhoff recused herself from the vote on the motion and the Executive
Session discussion as the topic is Fire Fighter contract negotiations and her spouse is
an Ithaca Fire Fighter.
Ayes (8) Coles, Dotson, Clairborne, Rosario, McCollister, Zumoff,
Rooker, Cogan
Nays (0)
Abstentions (1) Mohlenhoff
Carried (8-0-1)
(Alderperson Myrick absent from vote)
RECONVENE:
Common Council reconvened into regular session with no formal action taken.
REPORT OF SPECIAL COMMITTEES:
Mayor Peterson reported that ad-hoc committees have all been meeting and are making
good progress. Common Council should plan on report-outs from these committees at
the August meeting.
NEW BUSINESS:
Request of Downtown Ithaca Alliance to Permit Wine Tasting at the WITH Public
Radio Remote Live Broadcast - Resolution
By Alderperson Cogan: Seconded by Alderperson Myrick
WHEREAS, the Downtown Ithaca Alliance has requested permission for local wine (and
cheese) tastings as part of the Downtown Ithaca Alliance/WITH Public Radio Remote
live broadcast that will focus on what to do, see, and taste in Ithaca and Tompkins
County on the Commons, July 9, 2010; now, therefore, be it
RESOLVED, That the Downtown Ithaca Alliance be authorized to arrange for wine
tastings at a “King Ferry Winery - Maker of Trelevan Wines” booth during the Downtown
Ithaca Alliance/WITH Public Radio remote live broadcast on the Ithaca Commons on
July 9, 2010, and, be it further
RESOLVED, That the Downtown Ithaca Alliance and “King Ferry Winery - Maker of
Trelevan Wines” 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 “King Ferry Winery - Maker of
Trelevan Wines” 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
MAYOR’S APPOINTMENTS:
Appointment of Assistant City Attorney – Resolution
By Alderperson McCollister: Seconded by Alderperson Zumoff
RESOLVED, That Patricia O'Rourke be and hereby is appointed to the position of
Assistant City Attorney, at the 2010 Management Compensation Plan salary of $70,915,
effective August 2, 2010.
July 7, 2010
18
Mayor Peterson thanked Alderpersons Coles, McCollister and Myrick for serving on this
Search Committee with members of City staff.
Alderperson Clairborne voiced concern that this appointment had not been discussed,
and noted that questions remain about the person that previously held this position. He
stated that the City’s focus is on hiring people from under represented classes, and that
this has been a lost opportunity to learn from in relation to our recruitment/retention
programs.
Alderperson Myrick explained that the City had decided not to fill certain positions;
however, the current economic situation has made some very talented people available
for our positions at these salary rates.
Alderperson Clairborne stated that he was glad to get to this point and noted that the
guidance of the City Attorney’s office has been critical to the City Administration
Committee and individual Common Council members.
A vote on the Resolution resulted as follows:
Carried Unanimously
Reappointments to Disability Advisory Council – Resolution
By Alderperson Rooker: Seconded by Alderperson Myrick
RESOLVED, That Erin Sember be reappointed to the Disability Advisory Council with a
term to expire June 30, 2013, and be it further
RESOLVED, That David McElrath be reappointed to the Disability Advisory Council with
a term to expire June 30, 2013, and be it further
RESOLVED, That Jason Anderson be reappointed to the Disability Advisory Council
with a term to expire June 30, 2013.
Carried Unanimously
REPORTS OF COMMON COUNCIL LIAISONS:
Alderperson McCollister announced that there would be a Sewer Joint Committee
meeting on Wednesday, July 14, 2010 to vote on whether or not to accept hydrolysate
waste from Cornell’s vet school.
Mayor Peterson announced a Special CC/BPW/Planning Bd/NAC/CAC/DAC meeting
on Wednesday, July 14, 2010 at 7:00 p.m. for a presentation by members of the Bridge
Fences Group – including analysis of suicide contagion, interim fencing, identification of
specific bridges for barriers, and local history of suicides by jumping. There will be
information boards on display for attendees to review. After the presentation, questions
will be taken from Common Council, board members, and members of the public.
Alderperson Dotson announced that there would be a TCAT budget session meeting on
July 28, 2010.
Alderperson Zumoff noted that the Dragon Boat Festival and the Scottish Games will be
held this weekend at Cass Park and Stewart Park. Alderperson Rosario noted that the
Latino Association will hold a picnic at Stewart Park on Sunday, July 11, 2010 at 11:00
a.m. with a satellite hook-up to watch the World Cup Soccer event on television.
Alderperson Mohlenhoff noted that the GIAC Cooling Center would be open on
Thursday, July 8th and Friday, July 9, 2010 due to the heat emergency. She further
noted that the cooling center located at Friends Hall, Cornell Campus has been closed.
REPORT OF CITY ATTORNEY:
City Attorney Hoffman reported to Common Council on the following items:
A lawsuit has commenced by Crane Hogan Construction Company regarding an
alleged breach of contract for the 2006 sewer plant project.
July 7, 2010
19
Amore vs. City lawsuit – This relates to a 2001 arrest at Stewart Park where the
statute under which the arrest was made had been declared unconstitutional and
unenforceable eighteen years prior to the arrest. Although the declaration had been
made, the statute remained in all the law books. The Federal Court has ruled that the
City and police officer could not be held responsible for knowing the law had changed.
The Miller vs. City lawsuit – The City’s insurance carrier has not agreed to defend
the City in this case because the three prior human rights complaints (that were all
dismissed) were not submitted to the insurance company at the time they were
received. The City has retained special counsel to provide the initial defense.
The City has received a notice of claim of abuse by a police officer from Amy
Crockford. The City is processing the claim through appropriate steps. The insurance
company defending the City has not agreed to pay the demanded amount of
$400,000.00.
The City received protest petitions for the proposed R-3aa zoning proposal which
may represent the 20% property owner threshold as they are from adjacent and
opposite side neighbors. If the threshold is met, eight votes would be required from
Common Council to adopt the zoning change.
Alderperson Rosario reminded everyone that the Outdoor Smoking regulations go into
effect on August 1st. He hopes that all Common Council members will assist in
answering questions. He extended his thanks to City Clerk Holcomb, Planning and
Development Director Cornish, Acting Assistant Superintendent of Streets & Facilities
Benjamin, and other city staff who met to create the necessary signage to implement
the legislation.
MINUTES FROM PREVIOUS MEETINGS:
Approval of the June 2, 2010 Regular Common Council Meeting Minutes –
Resolution
By Alderperson Zumoff: Seconded by Alderperson Myrick
RESOLVED, That the minutes of the June 2, 2010 Regular Common Council Meeting
be approved with noted corrections.
Carried Unanimously
ADJOURNMENT:
On a motion the meeting adjourned at 10:10 p.m.
______________________________ _______________________________
Julie Conley Holcomb, CMC Carolyn K. Peterson,
City Clerk Mayor