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HomeMy WebLinkAboutMN-CC-2012-08-01COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 6:00 p.m. August 1, 2012 PRESENT: Mayor Myrick Alderpersons (9) Brock, Dotson, Murtagh, Clairborne, Fleming, Rooker, Kerslick, Proulx, Mohlenhoff OTHERS PRESENT: City Clerk – Conley Holcomb City Attorney – Lavine Deputy City Controller – Andrew Human Resources Director – Michell-Nunn Fire Chief – Parsons EXCUSED: Alderperson McCollister PLEDGE OF ALLEGIANCE: Mayor Myrick led all present in the Pledge of Allegiance to the American Flag. ADDITIONS TO OR DELETIONS FROM THE AGENDA: There were no additions to or deletions from the agenda. PROCLAMATIONS/AWARDS: Mayor Myrick proclaimed August 26, 2012 as “Harm Reduction Awareness Day” in the City of Ithaca. SPECIAL PRESENTATIONS BEFORE COUNCIL: 5.1 Presentation of Disability Advisory Council Annual Report – DAC Chair, Larry Roberts Disability Advisory Council Chair Roberts highlighted the following items from the Disability Advisory Council’s annual report for Common Council: Thanked city staff and elected officials for the support they offer the DAC, and the hard work they perform. The DAC will be meeting with all department heads to become educated on each department’s functions and responsibilities. The DAC has made a commitment to become more visible in the community, as well as obtain more public input. The City of Ithaca is becoming more accessible – the DAC is still interested in making further improvements to the snow and ice removal policy – especially related to curb ramps. He urged Common Council to approve the proposed appointment to the DAC that is on the agenda for tonight’s meeting. 5.2 Board of Fire Commissioners: Board of Fire Commissioners, Vice Chair Hoard addressed Common Council to provide the following update: The Board of Fire Commissioners held two special meetings with volunteer company members regarding compliance with State law regarding 2% monies (out of state insurance money). Many questions have been raised about issues such as: training, recruitment, meeting space, record management, existing funds and equipment, and the development of a definition of an “active volunteer. The Board is working with City Attorney Lavine and Fire Chief Parsons to provide answers and alternatives. August 1, 2012 2 Currently, there are 8 volunteer fire companies and 14 active volunteers. The Board is considering creating one “super” volunteer company that everyone could join. There are hard feelings especially related to long traditions of the companies, and strong level of volunteer service to the community. City Attorney Lavine noted that should the Board of Fire Commissioners move forward with this change, the matter would come to Common Council for approval as a charter change would be required. The proposed 2013 Fire Department Budget includes the possibility of a reduction of 12 firefighter positions, which could force the closing of a station. The Board of Fire Commissioners is concerned about the lack of rapid response to emergency situations if this should occur. 5.3 New City of Ithaca Website Design Presentation City Clerk Holcomb made a brief presentation on the new design of the City of Ithaca website and the improved functionality of the site. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: The following people addressed Common Council on the following topics: John Graves, City of Ithaca, spoke in support of the proposed development of the community gardens site by Building Links that would be exploring clean energy initiatives. Wade Wykstra, City of Ithaca, spoke in support the proposed development of the community gardens site by Building Links, and noted that they had reached out to Project Growing Hope to arrange a meeting regarding a possible new, alternative site. Fay Gougakis, City of Ithaca, spoke about the needle/syringe exchange program, noise on The Commons, unacceptable crime rates in the community, concern about the impacts of the 2013 budget on the police department and its ability to protect the community. Dan Hoffman, City of Ithaca, spoke in opposition to the redevelopment of the community gardens site by Building Links. He highlighted the many advantages that the gardens provide to community members. City Clerk Holcomb read a letter into the record from John Marcham that states his opposition to the proposed Chief of Staff position, but supports a City Administrator position. PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR: Alderperson Murtagh responded to comments made about the proposed development of the community gardens site, noting that he was glad to hear of the effort of Building Links to meet with Project Growing Hope. He further responded to comments made about noise in the community. He stated that the City’s current legislation is very subjective and he would like to initiate a meeting to discuss amendments to it soon. Alderperson Murtagh also reported that he and Alderperson Clairborne met with the First Ward Representatives and the Mayor to discuss crime issues in their wards. Alderperson Kerslick thanked the speakers for their comments and responded to comments about the proposed redevelopment of the community gardens site. He commented that he is not opposed to growth, but there is a need to balance the needs of everyone in the community. He further responded to comments about noise complaints and high profile crimes, noting that the police department takes both of these issues very seriously. He further stated that crime in general has decreased in the City according to the statistics. Mayor Myrick reiterated that it is difficult for the community when there are several high profile crimes that occur close together; however, according to the statistics the City is doing a good job in fighting crime. He also reaffirmed that the Ithaca Police Department takes these issues very seriously. He noted that the Community Police Board is a great place for community members to voice their concerns. August 1, 2012 3 He stated that the difficulties the City is encountering with the creation of the 2013 budget are related to increased costs for pension and health care which the City has no control over. The City has initiated several cost savings measures such as the closure of the front desk at the Ithaca Police Department on nights and weekends that will save the City $140,000. The vacancy review committee meets as vacancies occur, and has decided not to fill all of the vacant positions due to budget concerns. Alderperson Rooker announced that he has been accepted to New York University Law School and will be resigning from Common Council after the September 5, 2012 meeting. He will be working with Alderperson Kerslick and the Mayor to fill his vacancy. Mayor Myrick noted that Alderperson Rooker's exciting news is bittersweet as he will be sorry to lose such a great legislator. Alderperson Dotson responded to comments about noise, and the community gardens. Alderperson Mohlenhoff reported that the Police and Fire Chiefs are planning to attend the September 19, 2012 Government Performance and Accountability Committee meeting to discuss collecting data for performance measures and the City’s report card. Alderperson Clairborne responded to comments regarding the community gardens and the development of Carpenter Business Park. He stated that there are a lot of questions and a lot of hopes and the general desire to find a win/win solution. He further responded to comments made about increased crime and encouraged neighborhoods to come together to take back their neighborhoods in an effort to decrease crime. CONSENT AGENDA ITEMS: City Administration Committee: 8.1 Finance/Controller’s Office – Approval of Budget Amendments - Resolution By Alderperson Kerslick: Seconded by Alderperson Dotson WHEREAS, during 2012, City of Ithaca departments have received revenue from various unanticipated sources including reimbursement, grants, donations, and sale of material, that need to be accounted for in the 2012 budget, and WHEREAS, the reimbursements total $28,400 as follows: Tompkins County Celebration Grants $13,895 Insurance Recovery 9,300 Donations 500 Restitution/Reimbursement 600 Sale of Scrap/Equipment 4,125 now, therefore be it RESOLVED, That Common Council hereby amends the 2012 authorized budget as follows to account for said receipts and expenditures of funds: Increase Revenue Accounts: A1012-2379 Community Celebrations $13,895 A3120-2770 Police – Unclassified 2,333 A3311-2680 Traffic Control – Insurance Recovery 8,600 A5010-2655 Streets Minor Sales 1,539 A5132-2655 Garage Minor Sales 253 A7111-1710 Parks & Forestry 500 A7111-2680 Parks & Forestry – Insurance Recovery 700 A7111-2690 Parks & Forestry – Other Compensation 100 A7111-2705 Parks & Forestry – Donations 500 Totals $28,420 Increase Appropriation Accounts: A1012-5435 Celebrations Contracts $13,895 A3120-5225-5005 Police Other Equipment 2,333 A3311-5477 Traffic Control Parts 8,600 August 1, 2012 4 A5010-5483 Streets Construction Supplies 1,539 A5132-5481 Garage Small Tools 253 A7111-5485 Parks & Forestry – Trees 1,800 Totals $28,420 Carried Unanimously CITY ADMINISTRATION COMMITTEE: 9.1 Finance/Controller’s Office - Approval of Corrective Action Plan for NYS Audit Report - Resolution By Alderperson Clairborne: Seconded by Alderperson Kerslick WHEREAS, the City of Ithaca recently had a New York State Audit performed on Financial Operations for the period January 1, 2010 – April 14, 2011, and WHEREAS, said audit report number 2011M194, requires an improved corrective action plan to be submitted to New York State; now, therefore be it RESOLVED, That Common Council hereby approves the Corrective Action Plan dated July 9, 2012, and directs the City Controller to submit the plan to the New York State Office of the State Comptroller as required. Carried Unanimously 9.2 City Controller’s Report Deputy City Controller Andrew reported to Common Council on the following items: The 2011 Financial Audit is due October 1, 2012. Once submitted, the City will be caught up on all audits. 2013 departmental budget submissions are due today. The retirement incentive has been shared with staff and notifications are due in September. A brief discussion followed on the floor regarding the cost of the proposed Chief of Staff and Parking Manager positions which is yet to be determined as the positions have not been approved by Council. 9.3 Motion to Enter Into Executive Session to Discuss Matters Relating toCollective Negotiations with Bargaining Units By Alderperson Clairborne: Seconded by Alderperson Murtagh RESOLVED, That Common Council enter into Executive Session to discuss matters relating to Collective Negotiations with Bargaining Units. Carried Unanimously Reconvene: Common Council reconvened into regular session with no formal action taken. NEW BUSINESS: 13.1 Approval of CSEA Administrative Unit Labor Contract for the period January 1, 2011 through December 31, 2015 – Resolution By Alderperson Rooker: Seconded by Alderperson Murtagh RESOLVED, That Common Council approves the CSEA Administrative Unit Labor Contract for the period January 1, 2011 through December 31, 2015. Carried Unanimously 13.2 Compensation for Confidential Employees – Resolution By Alderperson Clairborne: Seconded by Alderperson Kerslick RESOLVED, That for the period of January 1, 2011 through December 31, 2015, all employees not covered by a formal labor contract, excluding positions designated as management, be granted salary increases and fringe benefits in accordance with the provisions of the CSEA Administrative Unit contract. Carried Unanimously PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE: There were no items submitted for the agenda August 1, 2012 5 GOVERNMENT PERFORMANCE AND ACCOUNTABILITY COMMITTEE: 11.1 An Ordinance to Amend Chapter 348 of the City of Ithaca Municipal Code entitled “Water and Sewers”, Section 348-29 “Sanitary Services” to Amend Sub- Section 348-29(J), and add the following Sub-Sections (J), (K), (L) and (M) By Alderperson Mohlenhoff: Seconded by Alderperson Murtagh Ordinance #2012 - ___ BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows: Section 1. Section 348-29(E) of the City of Ithaca Municipal Code is hereby amended to read as follows: (E) All installations of service drains or sewers between the curb and the building shall be made by a [plumber] Plumbing Contractor or [sewer layer] Water and Sewer Installer licensed by the Examining Board of Plumbers or any homeowner working on his/her own single-family residence. Section 2: Section 348-29 of the City of Ithaca Municipal Code is hereby amended to add the following subsections: (J) All sanitary services connected to the public mains shall have a house (building) trap installed between the property line and the building to prevent sewer gas and other potentially harmful gases generated in the public mains from entering the building. The house trap shall be installed as close to the building as possible. The trap shall be a service weight, cast iron, double hub running trap with a minimum of 4” inside diameter. A Fresh Air Inlet shall be installed on the building side riser of the trap and terminate at 12 inches above grade with an approved air inlet fitting to allow the internal vents to draft and remove accumulated gases from the plumbing system. A brass cleanout cover shall be installed at grade level on the street side of the trap for cleaning and maintenance of the trap. A wye, 45degree fitting with riser and brass cleanout at grade level is required immediately down-stream of the trap to facilitate cleaning between the trap and the public main. (K) Each plumbing system connected to the City of Ithaca municipal sanitary sewer system shall have an attending vent system designed to provide for the admission and emission of air within such system to protect trap seals from siphonage, backpressure and to remove the accumulation of sewer gas within the building. (L) Main Stack required. All plumbing systems connected to the public mains shall have at least one main stack connected to the building drain and run undiminished in size and terminate to the outside. The size of the stack shall be a minimum of 3 inches in diameter or larger if total developed length exceeds 75 feet. The stack shall connect to the building drain as close as possible to the fresh air inlet of the house trap to create the necessary stacking and circulation of air for the interior venting system. Where multiple fixture groups or stacks are located throughout a building, additional main stack(s) may be required by the local authority having jurisdiction. (M) Air Admittance Valves. Individual, branch and circuit vents shall be permitted to terminate with a connection to an air admittance valve. The air admittance valve shall only vent fixtures that are on the same floor level and connect to a horizontal branch drain. The horizontal branch drain shall conform to the following: 1) Location of branch. The horizontal branch drain shall connect to the drainage stack or building drain a maximum of four branch intervals from the top of the stack. 2) Relief vent. The horizontal branch shall be provided with a relief vent that shall connect to a vent stack, or stack vent or extend to the outdoors to the open air. August 1, 2012 6 The relief vent shall connect to the horizontal branch drain between the stack or building drain and the most downstream fixture drain connected to the horizontal branch drain. The relief vent shall be sized in accordance with existing Plumbing Code. 3) Stack-type air admittance valves shall be prohibited. Section 3: Severability. If any section, subsection, sentence, clause, phrase or portion of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall not affect the validity of the remaining portions of this ordinance. Section 4: Effective date. This ordinance shall take effect immediately and in accordance with law upon publication of notices as provided in the Ithaca City Charter. Chief Inspector of Plumbing Marc Albanese explained the purpose of this legislation, noting that it is more restrictive than the New York State Plumbing Code. He explained that changes in the 2010 NYS Plumbing Code permits the use of certain venting techniques and devices called stack air admittance valves in conjunction with reduced relief and stack venting requirements associated with their installation. These venting systems are having an adverse effect on the proper functioning of house traps and are resulting in an unsafe accumulation of sewer gases within homes. He stated that upon approval of this legislation, the City will petition the New York State Council of Codes to request that these new standards be approved. A brief question and answer period followed with Council members asking clarifying questions about the legislation. A vote on the Ordinance resulted as follows: Carried Unanimously 11.2 Local Law to Adopt New Boundary Lines for the City of Ithaca Wards By Alderperson Mohlenhoff: Seconded by Alderperson Proulx WHEREAS a census was held in 2010 which indicated changes in population within the City that prompted the City to re-examine its ward boundaries and which made it necessary for the City to embark on a redistricting plan; and WHEREAS, in view of the foregoing, a City Redistricting Committee was established to make recommendations to the City of Ithaca Common Council regarding ward boundaries for the City; and WHEREAS, the Redistricting Committee studied various options and has presented its report and recommendations to the Common Council; and WHEREAS, the Common Council has received public comment and deliberated upon the matter at length, now therefore, City of Ithaca Local Law # ___ of the year 2012 BE IT NOW ENACTED BY the Common Council of the City of Ithaca as follows: Section 1. Legislative Intent and Purpose. The Common Council of the City of Ithaca determines that it is in the interest of the public welfare to adopt the Ward Map commonly known as Scenario 5-4, dividing the City into five separate wards from each of which two Alderpersons shall be elected. The Common Council recognizes that, based on the 2010 census, this will result in a population deviation spread of approximately nine-point-zero-three percent (9.03%) between the least and most populous of these wards. Section 2. The text of Section C-3 “Ward Boundaries”, as currently contained in the Ithaca City Charter and last ratified by Local Law No. 4 of 2002 is hereby repealed and replaced with the following text: August 1, 2012 7 “The City shall be divided into five wards respectfully bounded and described as follows: A. Ward I: Beginning at a monument marking the former southwest corner of the corporate limits of the City of Ithaca, also known as the southwest corner of "DeWitt location", located approximately 315 feet west of the center line of Floral Avenue, on the corporate limits; thence running easterly along the south line of the corporate limits a distance of 1,728 feet, to a point on the City of Ithaca corporate limits; thence along the western and southern corporate limits a distance of 16,730 feet, more or less, to a point of intersection with the center line of South Aurora Street; thence easterly along the southern corporate limits of the City of Ithaca a distance of 8,023 feet, more or less, to a point of intersection of the center line of East State Street and the southern corporate limits of the City of Ithaca; thence northwesterly along the center line of East State Street a distance of 5,963 feet, more or less, to a point of intersection with the center line of East Green Street; thence southwesterly along the center line of East Green Street a distance of 518 feet, more or less, to a point of intersection with the center line of South Aurora Street; thence southeasterly along the center line of South Aurora Street a distance of 69 feet, more or less, to a point of intersection with the southern line of Six Mile Creek; thence southwesterly along the southern creek line of Six Mile Creek a distance of 1,066 feet, more or less, to a point of intersection of the center line of East Clinton Street and the southern creek line of Six Mile Creek; thence westerly along the center line of East Clinton Street a distance of 23 feet, more or less, to a point of intersection with the northern creek line of Six Mile Creek; thence southwesterly along the northern creek line of Six Mile Creek a distance of 559 feet, more or less, to a point of intersection of the northern creek line of Six Mile Creek and the center line of South Cayuga Street; thence southerly across Six Mile Creek along the center line of South Cayuga Street a distance of 276 feet, more or less, to a point of intersection with the center line of West Spencer Street; thence southwesterly along the center line of West Spencer Street a distance of 1,344 feet, more or less, to a point of intersection of the center line of South Albany Street extended and the center line of Elmira Road; thence southwesterly along the center line of Elmira Road a distance of 2,201 feet, more or less, to a point of intersection of the center line of South Meadow Street, also known as New York State Route 13 and Elmira Road; thence northerly along the center line of South Meadow Street a distance of 3,964 feet, more or less, to a point of intersection with the center line of West State Street; thence northerly along the center line of North Meadow Street a distance of 2,110 feet, more or less, to a point of intersection with the center line of Hancock Street; thence northeasterly along the center line of North Meadow Street, also known as New York State Route 13 North, a distance of 2,445 feet, more or less, to a point of intersection with the center line of Cascadilla Creek; thence westerly along the center line of Cascadilla Creek to a point of intersection with the center line of the Cayuga Inlet a distance of 1,877 feet, more or less; thence northerly along the center line of Cayuga Inlet, and as extended, to the north line of the City of Ithaca a distance of 5,523 feet, more or less; thence westerly along the north line of the City of Ithaca a distance of 3,420 feet, more or less, to a point on the west shore of Cayuga Lake; thence southeasterly along the line of the corporate limits of the City of Ithaca as it twists and turns a distance of 4,613 feet, more or less; thence westerly along the City of Ithaca corporate limits a distance of 2,587 feet, more or less; thence southwesterly along the City of Ithaca corporate limits, which is also the center line of Williams Brook, a distance of 331 feet, more or less; thence southerly along the western line of the corporate limits of the City of Ithaca a distance of 9,800 feet, more or less, to the point and place of beginning. B. Ward II: Beginning at a point of intersection of the center line of East Green Street and the center line of East State Street; thence running southwesterly along the center line of East Green Street a distance of 518 feet, more or less, to a point of intersection with the center line of South Aurora Street; thence southeasterly along the center line of South Aurora Street a distance of 69 feet, more or less, to a point of intersection with the southern creek line of Six Mile Creek; thence southwesterly along the southern creek line of Six Mile Creek a distance of 1,066 feet, more or less, to a point of intersection of the center line of East Clinton Street and the southern creek line of Six Mile Creek; thence westerly along the center line of East Clinton Street a distance of 23 feet, more or less, to a point of intersection with the northern creek line of Six Mile Creek; thence southwesterly along the northern creek line of Six Mile Creek a distance of 559 feet, more or less, to a point of intersection of the northern creek line and the center line of South Cayuga Street; thence southerly across the creek along the center August 1, 2012 8 line of South Cayuga Street a distance of 276 feet, more or less, to a point of intersection with the center line of West Spencer Street; thence southwesterly along the center line of West Spencer Street a distance of 1,344 feet, more or less, to a point of intersection of the center line of South Albany Street extended and the center line of Elmira Road; thence southwesterly along the center line of Elmira Road a distance of 2,201 feet, more or less, to a point of intersection of the center line of South Meadow Street, also known as New York State Route 13 and Elmira Road, ; thence northerly along the center line of South Meadow Street a distance of 3,964 feet, more or less, to a point of intersection with the center line of West State Street; thence along the center line of North Meadow Street a distance of 2,110 feet, more or less, to a point of intersection with the center line of Hancock Street; thence northeasterly along the center line of North Meadow Street, also known as New York State Route 13 North, a distance of 2,432 feet, more or less, to a point of intersection with the west line of Cascadilla Creek; thence southeasterly along the west line of Cascadilla Creek a distance of 2,609 feet, more or less, to a point of intersection of the south line of Cascadilla Creek and North Cayuga Street; thence northerly along the center line of North Cayuga Street a distance of 111 feet, more or less, to a point of intersection with the center line of Farm Street; thence easterly along the center line of Farm Street a distance of 1,239 feet, more or less, to a point of intersection with the center line of Linn Street; thence southerly along the center line of Linn Street a distance of 863 feet, more or less, to a point of intersection with the center line of Terrace Place; thence easterly and southerly along the center line of Terrace Place a distance of 497 feet, more or less, to a point of intersection with the center line of East Buffalo Street; thence easterly along the center line of East Buffalo Street a distance of 45 feet, more or less, to a point of intersection with the center line of Parker Street; thence southerly a distance of 329 feet, more or less, to a point of intersection with the center line of East Seneca Street; thence westerly along the center line of East Seneca Street a distance of 326 feet, more or less, to a point of intersection with the center line of Seneca Way; thence southeasterly along Seneca Way a distance of 664 feet, more or less, to a point of intersection with the center line of East State Street, the point of beginning. C. Ward III: Beginning at a point in the south corporate limits of the City of Ithaca at its intersection with the center line of East State Street; thence running easterly along the south corporate limits of the City of Ithaca a distance of 260 feet, more or less, to a monument marking the southeast corner in the corporate limits of the City of Ithaca; thence northerly along the east line of the City of Ithaca a distance of 11,274 feet, more or less, to a point of intersection with the north line of the City of Ithaca corporate limits, a point 259 feet due north of the intersection of the eastern City limits and the center line of the road known as Sisson Place Extension, a road on the Cornell University campus; thence westerly along the north boundary of the City of Ithaca a distance of 1,680 feet, more or less, to a point of intersection with the center line of Triphammer Road; thence southerly and southwesterly along the center line of Triphammer Road a distance of 798 feet, more or less, to a point of intersection with the center line of Wait Avenue; thence southeasterly and southwesterly along the center line of Wait Avenue a distance of 621 feet, more or less, to a point of intersection with the center lines of Thurston Avenue and Risley Drive; thence southerly along the center line of Thurston Avenue a distance of 760 feet, more or less, to a point of intersection of the center lines of Forest Home Drive and University Avenue; thence westerly and southwesterly along the center line of University Avenue a distance of 1,924 feet, more or less, to a point of intersection of the center lines of McGraw Place and West Avenue; thence southerly and southeasterly along the center line of West Avenue a distance of 1,212 feet, more or less, to a point of intersection with the center line of Campus Road; thence southeasterly along the center line of Campus Road a distance of 800 feet, more or less, to a point of intersection with the center line of Central Avenue; thence southerly along the center line of Central Avenue a distance of 960 feet, more or less, to a point of intersection with the center line of Oak Avenue; thence easterly along the center line of Oak Avenue a distance of 569 feet, more or less, to a point of intersection with the center line of Summit Avenue; thence southerly along the center line of Summit Avenue extended a distance of 409 feet, more or less, to a point of intersection with the center line of Dryden Road; thence westerly along the center line of Dryden Road a distance of 325 feet, more or less, to a point of intersection with the center line of Linden Avenue; thence southerly along the center line of Linden Avenue a distance of 838 feet, more or less, to a point of intersection with the center line of Bool Street; thence westerly along August 1, 2012 9 the center line of Bool Street a distance of 267 feet, more or less, to a point of intersection with the center line of College Avenue; thence southerly along the center line of College Avenue a distance of 614 feet, more or less, to a point of intersection with the center line of Mitchell Street; thence southwesterly along the center line of Mitchell Street a distance of 306 feet, more or less, to a point of intersection with the center line of East State Street; thence southeasterly along the center line of East State Street a distance of 3,026 feet, more or less, to a point of intersection with the center line of Woodcrest Avenue; thence, running southeasterly a distance of 668 feet, more or less, to a point of intersection with the City of Ithaca corporate limits, the point and place of beginning. D. Ward IV: Beginning at a point on the center line of Cascadilla Creek at the point of intersection with the center line of Stewart Avenue; thence running northeasterly along the center line of Stewart Avenue a distance of 1,943 feet, more or less, to a point on the center line of Stewart Avenue; thence northeasterly along the northwest face of Carl Becker House, a building on Cornell University campus, a distance of 330 feet, more or less, to the northeast corner of Carl Becker House; thence southeasterly along the westernmost edge of the access road located east of Carl Becker House a distance of 294 feet, more or less, to a point; thence easterly along a line which is also the north face of Mennen Hall a distance of 222 feet, more or less, to a point of intersection with the center line of West Avenue; thence southerly along the center line of West Avenue a distance of 680 feet, more or less, to a point of intersection with the center line of Campus Road; thence southeasterly along the center line of Campus Road a distance of 800 feet, more or less, to a point of intersection with the center line of Central Avenue; thence southerly along the center line of Central Avenue a distance of 960 feet, more or less, to a point of intersection with the center line of Oak Avenue; thence easterly along the center line of Oak Avenue a distance of 569 feet, more or less, to a point of intersection with the center line of Summit Avenue; thence southerly along the center line of Summit Avenue extended a distance of 409 feet, more or less, to a point of intersection with the center line of Dryden Road; thence westerly along the center line of Dryden Road a distance of 325 feet, more or less, to a point of intersection with the center line of Linden Avenue; thence southerly along the center line of Linden Avenue a distance of 838 feet, more or less, to a point of intersection with the center line of Bool Street; thence westerly along the center line of Bool Street a distance of 267 feet, more or less, to a point of intersection with the center line of College Avenue; thence southerly along the center line of College Avenue a distance of 614 feet, more or less, to a point of intersection with the center line of Mitchell Street; thence southwesterly along the center line of Mitchell Street a distance of 306 feet, more or less, to a point of intersection with the center line of East State Street; thence northwesterly along the center line of East State Street a distance of 2,275 feet, more or less, to a point of intersection with the center line of Seneca Way; thence northwesterly along the center line of Seneca Way a distance of 664 feet, more or less, to a point of intersection with the center line of East Seneca Street; thence easterly along the center line of East Seneca Street a distance of 326 feet, more or less, to a point of intersection with the center line of Parker Street; thence northerly along the center line of Parker Street a distance of 329 feet, more or less, to a point of intersection with the center line of East Buffalo Street; thence westerly along the center line of East Buffalo Street a distance of 45 feet, more or less, to a point of intersection with the center line of Terrace Place; thence northerly and westerly along the center line of Terrace Place a distance of 497 feet, more or less, to a point of intersection with the center line of Linn Street; thence northerly along the center line of Linn Street a distance of 191 feet, more or less, to a point of intersection with the center line of Cascadilla Creek; thence easterly along the center line of Cascadilla Creek a distance of 1,490 feet, more or less, to a point in the center line of Stewart Avenue to the point of beginning. E. Ward V: Beginning at a point of intersection of the center lines of Linn Street, University Avenue, and Cascadilla Creek; thence running easterly along the center line of Cascadilla Creek a distance of 1,490 feet, more or less, to a point of intersection with the center line of Stewart Ave; thence northerly along the center line of Stewart Avenue a distance of 1,943 feet; thence northeasterly along the northwest face of Carl Becker House, a building on Cornell University campus, a distance of 330 feet, more or less, to the northeast corner of the Carl Becker House; thence southeasterly along the August 1, 2012 10 westernmost edge of the access road located east of Carl Becker House a distance of 294 feet, more or less to a point; thence easterly along a line which is also the north face of Mennen Hall a distance of 222 feet, more or less, to a point of intersection with the center line of West Avenue; thence northerly along the center line of West Avenue a distance of 530 feet, more or less, to a point of intersection of the center lines of University Avenue and McGraw Place; thence northerly and easterly along the center line of University Avenue a distance of 1,924 feet, more or less, to a point of intersection with the center line of Thurston Avenue; thence northerly along the center line of Thurston Avenue a distance of 760 feet, more or less, to a point of intersection of the center lines of Wait Avenue and Risley Drive; thence northeasterly and northwesterly along the center line of Wait Avenue a distance of 621 feet, more or less, to a point of intersection with the center line of Triphammer Road; thence northeasterly and northerly along the center line of Triphammer Road a distance of 798 feet, more or less, to a point of intersection with the north boundary of the City of Ithaca; thence westerly along the north line of the City of Ithaca and its extension westerly to a point of intersection with the east line of North Cayuga Street; thence northerly along the corporate limit of the City of Ithaca a distance of 4,705 feet, more or less to the northeast corner of the corporate limits of the City of Ithaca; thence westerly along the north line of the City of Ithaca to a point on said north line, which said point is on a line directly due north of the center line of the Cayuga Inlet; thence southerly along the center line of the Cayuga Inlet, as extended, and along the actual center line of the Cayuga Inlet to a point of intersection with the center lines of Cascadilla Creek and North Meadow Street; thence southwesterly along the center line of North Meadow Street a distance of 13 feet, more or less, to a point of intersection with the west line of Cascadilla Creek; thence southeasterly along the west line of Cascadilla Creek a distance of 2,609 feet, more or less, to a point of intersection of the south line of Cascadilla Creek and the center line of North Cayuga Street; thence northerly along the center line of North Cayuga Street a distance of 111 feet, more or less, to a point of intersection with the center line of Farm Street; thence easterly along the center line of Farm Street a distance of 1,239 feet, more or less, to a point of intersection with the center line of Linn Street; thence southerly along the center line of Linn Street a distance of 707 feet, more or less, to the point of beginning. Section 3. Severability. If any clause, sentence, paragraph, section, or part of this local law shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof but shall be confined in its operation to the clause, sentence, paragraph, section, or part thereof directly involved in the controversy in which such judgment shall have been rendered. Section 4. Effective Date. This Local Law shall take effect on January 1, 2013 after filing in the office of the Secretary of State, provided however that all current Alderpersons shall continue to hold office and represent the heretofore existing wards through December 31, 2013 absent cause for vacancy otherwise represented by law, and further provided that the ward boundaries heretofore existing shall continue to be the ward boundaries for the purpose of filling vacancies in office until the general election in November 2013. Carried Unanimously 11.3 Update on last meeting from Committee Chair Mohlenhoff Chair Mohlenhoff provided the following update to Common Council: She and City Clerk Holcomb are working on a matrix of all boards and committees to provide an inventory as well as a general analysis. They will be presenting preliminary information at the October 17th GPA Committee meeting. Work on the city report card is progressing. The GPA Committee decided to form the report card around the topics that were used in the City-wide phone survey conducted last year: condition of streets/sidewalks, knowledge of how tax money is spent, the Commons and retail development, availability of public parking, emergency services, and quality of life issues. The Common Council retreat with Senior Staff originally scheduled for August has been postponed until later in the year as the moderator (Charlie Trautman) would like more time to plan in advance of the session. August 1, 2012 11 MAYOR’S APPOINTMENTS: Item 15.3 - Appointment to the Disability Advisory Council has withdrawn from the agenda in order to give the City Clerk and the Chair of the Disability Advisory Council time to review the active membership of the DAC and determine whether there was a seat available for a non-city resident. 15.1 Appointment to Bicycle Pedestrian Advisory Council – Resolution By Alderperson Mohlenhoff: Seconded by Alderperson Dotson RESOLVED, That Trevor French be appointed to the Bicycle Pedestrian Advisory Council to fill a vacancy with a term to expire December 31, 2014, and be it further 15.2 Appointment of Alternate Member to the Board of Zoning Appeals - Resolution RESOLVED, That Susan Cummings be appointed to fill the vacancy for an “alternate” member on the Board of Zoning Appeals, and be it further 15.4 Appointment to Ithaca Landmarks Preservation Commission – Resolution RESOLVED, That Ashima Krishna be appointed to fill a vacancy on the Ithaca Landmarks Preservation Commission with a term to expire December 31, 2014, and be it further 15.5 Appointment to Planning and Development Board - Resolution RESOLVED, That Noah Demarest be appointed to the Planning and Development Board to replace Meghan Thoreau Jacquet with a term to expire December 31, 2012. Carried Unanimously Mayor Myrick noted that volunteers are needed to serve on the Community Police Board. REPORTS OF COMMON COUNCIL LIAISONS: Board of Public Works: Alderperson Fleming reported on the following topics that the Board of Public Works has been discussing: • Loaves & Fishes are interested in creating a garden for clients; however, the plot they had initially identified as a possible site has a conflicting use so they are exploring other options. • Superintendent Gray proposed the following ideas for reducing expenses of the Department of Public Works: stop mowing the city cemetery, sell the parking garages, and turn the city golf course over to private management. TCAT: Alderperson Dotson reported that TCAT held a budget presentation on long term capital projections (there are $8 million in capital needs in the next few years). They have a capital request of $100,000 to the City of Ithaca and the other partners for 2013 and are hopeful that the Mayor will include it in his budget. She noted that TCAT has the 5th highest transit use in the country. Parks Commission: Alderperson Brock reported that the Parks Commission has reviewed the proposed special use fees for parks. The Special Event Sub-committee would like to review these fees and the related logistics further. The Parks Commission is completing a parks inventory and is interested in developing a new logo and signs for all city parks. REPORT OF CITY ATTORNEY: City Attorney Lavine reported that the City prevailed in its appeal on the “Avramis vs. the Board of Zoning Appeals” suit which affirms the City’s ability to maintain neighborhood plans. August 1, 2012 12 MINUTES FROM PREVIOUS MEETINGS: Approval of the June 4, 2012 Special Common Council Meeting Minutes – Resolution By Alderperson Kerslick: Seconded by Alderperson Rooker RESOLVED, That the minutes of the June 4, 2012 Special Common Council Meeting be approved as corrected. Carried Unanimously Approval of the June 6, 2012, Regular Common Council Meeting Minutes and the June 13, 2012 Special Common Council Meeting Minutes - Resolution Approval of the June 6, 2012 and June 13, 2012 minutes was deferred to the September 5, 2012 Common Council Meeting. Approval of the July 2, 2012 Regular Common Council Meeting Minutes – Resolution By Alderperson Kerslick: Seconded by Alderperson Rooker RESOLVED, That the minutes of the July 2, 2012 Regular Common Council Meeting be approved as corrected. Carried Unanimously ADJOURNMENT: On a motion the meeting adjourned at 8:10 p.m. ______________________________ _______________________________ Julie Conley Holcomb, CMC Svante L. Myrick City Clerk Mayor