Loading...
HomeMy WebLinkAboutMN-CC-2011-06-01COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 6:00 p.m. June 1, 2011 PRESENT: Mayor Peterson Alderpersons (9) 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 City Planner – Gilbert EXCUSED: Alderperson Coles PLEDGE OF ALLEGIANCE: Mayor Peterson led all present in the Pledge of Allegiance to the American Flag. ADDITIONS TO OR DELETIONS FROM THE AGENDA: Planning & Economic Development Committee: Alderperson Dotson requested the deletion of Item 10.1 entitled “An Ordinance to Amend Chapter 325 of the City of Ithaca Municipal Code entitled “Zoning” to Establish the Collegetown Area Form Districts and Rezoning of Portions of the R-1b, R-2a, R-2b, R-3a, R-3b, B-2b, and U-1 Districts to Traditional Residential (TR), Village Residential (VR), and Mixed Use (MU)” from the agenda as staff are preparing changes to the ordinance. She further requested the addition of a new Item 10.1 entitled “An Ordinance to Amend Chapter 280 of the City of Ithaca Municipal Code entitled “Smoking, Outdoor” No Common Council member objected. New Business: Alderperson Clairborne requested the addition of a Resolution entitled “Resolution to Cornell University Administrators Regarding the Change in Status for the Africana Studies and Research Center” Alderpersons Mohlenhoff and McCollister objected to the addition of this new item to the agenda. City Attorney Hoffman read the Common Council Rules of Procedures regarding how items can be added to the Common Council agenda, which requires unanimous support. Alderperson Myrick suggested that the item be added under New Business as a discussion item. No Council Member objected. Mayor Peterson announced the appointment of Alderperson Rosario as Acting Mayor and Alderperson McCollister as Alternate Acting Mayor with terms to expire December 31, 2011. She administered the Oath of Office to both of them. June 1, 2011 2 PROCLAMATIONS/AWARDS: 3.1 Quarterly Employee Recognition: Mayor Peterson presented the Quarterly Employee Recognition Award to the City’s “Healthy Competition Planning Team”. Deputy Director of the Youth Bureau, Liz Vance submitted the following nomination: Candidate for Recognition – Yolanda Richardson and the Healthy Competition planning team – Lynne Yost, Jody Andrew, Debbie Grunder, Leslie Moskowitz, Theresa Moore, Meghan Gilbert, Penny Romantic. Reason for Nomination - This group planned, organized and implemented the first comprehensive City of Ithaca Wellness Program. With Yolanda’s direction and leadership this team took an employee suggestion and made it a reality. The planning team met for several months to brainstorm ideas, do research on employee fitness and wellness programs and collect information from area colleges to design the City’s plan. The eight week program includes an employee assessment, customized goals, wellness clinics with special guests, an incentive system to keep participants motivated and a tracking log so employees can track their progress. Thirty –two employees signed up for the 8 week challenge to get healthy. Participants set goals to focus on weight loss, healthy eating, building strength or aerobic capacity. This carefully designed program will be easily implemented again and again as needed and could serve as a model for other organizations in our community. This group took on additional tasks during their work day to make this project happen and to keep it running. Their work will help create a healthier and happier workforce which studies show helps decrease healthcare costs and attrition while increasing productivity. SPECIAL ORDER OF BUSINESS: 4.1 Resolution to Open Public Hearing: By Alderperson Myrick: Seconded by Alderperson McCollister RESOLVED, That the Public Hearing to Consider the Proposal to Amend Chapter 325 of the Municipal Zoning Code of the City of Ithaca in Order to Establish the Collegetown Area Form Districts and Rezone Portions of the Existing R-1b, R-2a, R-3a, R-3b, B-2b, and U-1 Zoning Districts to the Newly Established Traditional Residential (TR), Village Residential (VR), and Mixed Use (MU) districts be declared open. Carried Unanimously Alderperson Dotson explained that this item was on the May 2011, Common Council agenda but was not deemed adopted because it did not garner the super majority vote (8 votes) needed. She further explained that there would be no vote on this item at tonight’s meeting and that many discussions have already, and will continue to take place between members of the public and staff. The following people addressed Council in support of the proposed form based zoning in Collegetown: Alphonse Pieper, Historic Ithaca Executive Director. Michael Stamm, Town of Ithaca Brian Wilbur, retired Ithaca Fire Department Chief Kimberly Michaels, Trowbridge & Wolf Landscape Architects Kathryn Wolf, Trowbridge and Wolf Landscape Architects Jean McPheeters, President – Tompkins County Chamber of Commerce Graham Kerslick, City of Ithaca Jennifer Wilkins, City of Ithaca Joel Harlan, Town of Newfield Terrance Turner, City of Ithaca Pauline Morin, City of Ithaca John Novarr, Collegetown Terrace Developer June 1, 2011 3 The following people addressed Council in either opposition to or in further consideration of, the proposed form based zoning in Collegetown: Michael Raker, City of Ithaca Joel Fredell, City of Ithaca Ken Vineburg, City of Ithaca (former member of BZA/Planning Bd./Design Review Bd. David Gallahan, City of Ithaca Jane Fajans, City of Ithaca Anne Clavel, City of Ithaca Pierre Clavel, City of Ithaca Bill Lower, City of Ithaca (Collegetown property owner) Fay Gougakis, City of Ithaca Todd Sadler, City of Ithaca Cheryl Thompson read letter on behalf of Brent Katzman, City of Ithaca Erica Crytzer, Interlaken Mark Mecenas, City of Ithaca (Collegetown property owner) Neil Golder, City of Ithaca Kathy Yoselson, City of Ithaca Marty Blodgett, City of Ithaca Josh Lower, City of Ithaca (Collegetown property owner) 4.2 Resolution to Close Public Hearing: By Alderperson Myrick: Seconded by Alderperson Mohlenhoff RESOLVED, That the Public Hearing to Consider the Proposal to Amend Chapter 325 of the Municipal Zoning Code of the City of Ithaca in Order to Establish the Collegetown Area Form Districts and Rezone Portions of the Existing R-1b, R-2a, R-3a, R-3b, B-2b, and U-1 Zoning Districts to the Newly Established Traditional Residential (TR), Village Residential (VR), and Mixed Use (MU) districts be declared closed. Carried Unanimously SPECIAL PRESENTATIONS BEFORE COUNCIL: 5.1 Love Knows No Bounds: Pastor Bruce Davenport, his wife Debra, and Mike Ellis addressed Council to provide an update on the work taking place in New Orleans. This is the four year anniversary of the sister-city relationship with the 7th ward of New Orleans and Pastor and Mrs. Davenport were made honorary citizens of Ithaca during a celebration last night. The Davenports reported on the following: • Students continue to take trips to New Orleans to rebuild housing; 15 homes have been renovated as well as service buildings • Twelve tractor trailer loads of donations were received from Ithaca • People from New Orleans have traveled to Ithaca Pastor Davenport reported that there is still a lot of hurt, so they are thankful for the assistance from the many people in Ithaca. Mrs. Davenport offered her thanks and appreciation to the many people in Ithaca who have helped the 7th ward. She noted that every system in New Orleans was broken, and that it was more than bricks and mortar, that lives were broken too. The 7th ward continues to have systems that have not been restored yet, although work is continuing on them. Alderperson Mohlenhoff noted that the Davenports are very special people. She shared that it was the Davenports’ influence that helped her make the decision to run for Common Council as Mrs. Davenport told her that every voice in the community deserves to be heard, and she encouraged people to secure a seat at the table where decisions get made. Alderperson Mohlenhoff thanked the Davenports for being an inspiration to her and so many Ithacans. Alderperson Clairborne explained that the Davenports’ home was one of the last to be restored, and that they had to be tricked into it. The inspiration they have given to so many people is remarkable, and just goes to show that one person can make a difference. June 1, 2011 4 Mayor Peterson stated that the Davenports help to define what a “neighborhood” is, noting that she is proud of the work that Ithacans have done in the 7th Ward of New Orleans. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: The following people addressed Common Council in support of the secure communities’ legislation and the proposed resolution on the agenda for consideration tonight: Carlos Gutierrez, Town of Ithaca Andy Doyle, Rock Stream, New York Tim Shenk, City of Ithaca Ute Ritz-Deutch, City of Ithaca The following people addressed Council to speak in opposition to Cornell’s decision to move the Africana Studies and Research Center into the College of Arts and Sciences and to ask for Common Council’s support for the faculty of color who support the Center: Alyssa Clutterbuck, City of Ithaca Candace Katungi, Town of Ithaca Tia Hicks, City of Ithaca Courtney Knapp, City of Ithaca Joanne Oport, Town of Ithaca Tomo Shibata, City of Ithaca, addressed Council regarding drug dealing, organized stalking concerns, corruption of local police, and surveillance by law enforcement. Fay Gougakis, City of Ithaca, addressed Council regarding noise concerns on The Commons, and Cornell/City of Ithaca Memorandum of Understanding. Wendy Skinner, City of Ithaca, addressed Council regarding the possible extension of the outdoor smoking regulations to include the 100 and 200 blocks of South Cayuga Street, and 100 block of West State Street, and how that will positively impact her business “Sew Green” and its indoor air quality. Ted Schiele, Coordinator for Tobacco-Free Tompkins, addressed Council regarding the proposed extension of the outdoor smoking regulations. He stated that behavior solutions must be found as repealing the legislation is not a solution because smoking is a serious public health issue. Joel Harlan, Town of Newfield, addressed Council regarding the tax-exempt status of Cornell University and Ithaca College, and Collegetown parties. PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR: Alderperson Rosario responded to comments about proposed changes to the outdoor smoking regulations. He thanked all the speakers for their comments, and noted that one out of ten Ithacans is a non-citizen. CONSENT AGENDA ITEMS: City Administration Committee 8.1 Youth Bureau – Request to Amend 2011 Department Budget - Resolution By Alderperson Zumoff: Seconded by Alderperson Myrick WHEREAS, the Ithaca Youth Bureau has applied for funding through the Tompkins County Workforce Investment Board and they are estimating they will be receiving $76,425.50 in new funding to develop a Tompkins Summer Youth Employment Program, and WHEREAS, the goal of this program is to provide short-term subsidized internships for 55 low-income eligible teens needing assistance in securing employment; now, therefore, be it June 1, 2011 5 RESOLVED, That Common Council hereby amends the 2011 Youth Bureau as follows: Increase Revenue Account: A7310-4820-1202 Youth Employment Service $69,920.50 A7310-4820-1400 Administration $6,505.00 Total $76,425.50 Increase expenses: A 7310-5120-1202 Part time/Seasonal $57,366.70 A 7310-5125-1202 Overtime $750.00 A 7310-5425-1202 Office Supplies $868.10 A 7310-5440-1202 Staff Development $250.00 A 7310-5445-1202 Travel & Mileage $500.00 A 7310-5460-1202 Program Supplies $2,500.00 A 7310-5120-1400 Part time/Seasonal $1,500.00 A 7310-5437-1400 Credit Card Fees $1,000.00 A 7310-5420-1400 Gas & Oil $1,000.00 A 7310-5415-1401 Clothing $112.50 A 7310-5475-1401 Property Maintenance $1,337.50 A 7310-5480-1401 Building Maintenance $1,300.00 A 7310-9030 FICA/Medicare $4,445.95 A 7310-9040 Workers’ Comp. $3,494.75 Total $76,425.50 Carried Unanimously 8.2 Chamberlain’s Office Correction to Tax Roll - Resolution By Alderperson Zumoff: Seconded by Alderperson Myrick WHEREAS, the 2011 City Tax Roll included a Business Improvement District (BID) assessment in the amount of $17,682.00 on tax map number 70.-4-5.2, 120 East Green Street, and WHEREAS, 120 East Green Street is a wholly exempt property owned by the City of Ithaca, and WHEREAS, the Tompkins County Assessment Department has determined that the BID assessment was levied against the property in error; now therefore, be it RESOLVED, That the Common Council accepts and approves the recommendation of the Tompkins County Assessment Department to expunge the BID assessment, and be it further RESOLVED, That the City Chamberlain is authorized to correct the 2011 City Tax Roll in accordance with the recommendation. Carried Unanimously 8.3 Finance/Controller’s Office - Request to Amend 2011 Budget for Various Reimbursements - Resolution By Alderperson Zumoff: Seconded by Alderperson Myrick WHEREAS, during 2011 City of Ithaca departments have received various reimbursements, donations, and sold various scrap metal that were unanticipated and need to be accounted for, and WHEREAS, the reimbursements total $4,872.77 as follows: Sale of Equipment/Scrap $2,758.72 Refund of Training/Parts 1,379.05 Tree Donations 735.00 now, therefore be it RESOLVED, That Common Council hereby amends the 2011 Authorized Budget as follows to account for said receipt and expenditures of funds: June 1, 2011 6 Increase Revenue Account: A1320-2701 IT Refund Prior Year Expense $1215.00 A3120-2665 Police Sale of Equipment 2209.50 A5132-2665 Garage Sale of Equipment 549.22 A5132-2701 Garage Refund Prior Year Expense 164.05 A7111-2705 Parks Gifts and Donations 735.00 $4,872.77 Increase Appropriation Accounts: A1320-5440 IT Staff Development $1215.00 A3120-5475-5017 Police Property Maintenance 2209.50 A5132-5481 Garage Small Tools 713.27 A5132-5485 Parks Trees 735.00 $4,872.77 Carried Unanimously CITY ADMINISTRATION COMMITTEE: 9.1 Attorney’s Office - Allocation of Additional Monies for Special Counsel (re: Christopher Miller) - Resolution By Alderperson Clairborne: Seconded by Alderperson Myrick WHEREAS, in 2010, a lawsuit seeking damages was commenced in federal court against the City of Ithaca and several City employees (and others), by Christopher Miller (an employee of the Ithaca Police Department); and WHEREAS, the City’s insurance carrier subsequently declined to provide a defense to the City, or coverage of any award, on the grounds that the City had not provided notice of earlier, administrative complaints by Mr. Miller (all of which were defended by City staff, and ultimately dismissed on the merits or at the request of Mr. Miller); and WHEREAS, as a result of its insurance carrier’s action, the City retained special counsel (Shea, Stokes, Roberts & Wagner) to defend the City and its employees, in that litigation; and WHEREAS, said special counsel has also represented the City in a subsequent, related employment arbitration case initiated against the City by Mr. Miller; and WHEREAS, the cost of such defense, and representation in the arbitration matter (both of which are ongoing), through March 31, 2011, is approximately $242,200; and WHEREAS, previous allocations by the Common Council, for these matters, are insufficient to cover current charges (beyond February 2011); now therefore be it RESOLVED, That an amount not to exceed $46,500 be and hereby is allocated, from Account 1990 (Unrestricted Contingency), with transfer to account A1420-5435 Attorney’s Office Contracts for payment of the fees of special counsel retained to defend the City in the afore-mentioned actions brought by Christopher Miller. Carried Unanimously 9.2 Attorney’s Office - Allocation of Additional Monies for 2011 Fair Market Rental Value Report - Resolution By Alderperson Clairborne: Seconded By Mohlenhoff WHEREAS, in May 2009, Common Council amended Chapter 170 of the City of Ithaca Municipal Code (now entitled “Use of City Real Property”), so as to require that, commencing in 2010, City-owned real property licensed for use by others should be offered at not less than fair market rental value, which value is to be determined (and periodically updated) through a professional appraisal process; and WHEREAS, the City solicited proposals for performing this professional service, and selected Pomeroy Appraisal Associates (“Pomeroy”); and June 1, 2011 7 WHEREAS, Pomeroy had submitted a proposal with a base fee of $21,500, for establishing fair market rental values for certain categories of City-owned properties, as described by the City, with additional appraisals of “unique” properties (not in an established category) to cost between $500 and $1,500 apiece, and with an additional cost of $90 to $175 per hour for a Pomeroy representative to meet with City representatives in Ithaca; and WHEREAS, on November 4, 2009, Common Council allocated $25,000 from Unrestricted Contingency (Account A1990) for the purpose of paying for the estimated total cost of “the initial round of appraisals” to be performed by Pomeroy; and WHEREAS, the work of completing this appraisal process required more time than had been anticipated (by the City or Pomeroy), involved a number of changes in the categorization of properties and the appraisal of at least one unique property, and required several visits to Ithaca by Pomeroy staff; and WHEREAS, as a result of these changes and additional assignments, the total billing by Pomeroy for its work is $33,000, representing $8,000 more than what the Council has allocated; and WHEREAS, a description and explanation of the additional work performed by Pomeroy is included in a letter from the company to the City Attorney, dated May 9, 2011, and is mentioned in the Fair Market Rental Value report provided by Pomeroy in January 2011; now therefore be it RESOLVED, That the Common Council authorize and direct the allocation of an additional amount, not to exceed $8,000, from Account A1990 (Unrestricted Contingency), with transfer to account A1420-5430 Attorney’s Office Fees for the payment of the balance of monies owed to Pomeroy Appraisal Associates. Carried Unanimously 9.3 Attorney’s Office - Authorization of Quit Claim Deeds for Woodcock Street and Valentine Place Extension - Resolution By Alderperson Clairborne: Seconded by Alderperson Zumoff WHEREAS, various City maps and other historical documents show or describe certain short, dead-end streets referred to as “Valentine Place Extension” and “Woodcock Street,” located to the south of East State/Martin Luther King, Jr., Street, in the City of Ithaca; and WHEREAS, certain components of a development project proposed for a 16.4-acre site on East Hill, known as “Collegetown Terrace,” would occupy parts of what are known as Valentine Place Extension and Woodcock Street; and WHEREAS, in late 2009 and in 2010 the developer of the Collegetown Terrace project (John Novarr, through certain legal entities under his control), who owns most of the site, commenced “quiet title” proceedings in the New York Supreme Court, for Tompkins County, seeking exclusive title to Valentine Place Extension and Woodcock Street, respectively, based on the doctrine of adverse possession; and WHEREAS, said proceedings named as defendants certain persons who were former owners or mortgagees of real property in the vicinity of Valentine Place and Woodcock Street or who may have had an interest in the streets themselves, but did not name the City of Ithaca, nor was the City directly notified of these proceedings; and WHEREAS, the Court awarded judgment (i.e., “sole and complete possession”) in both actions to Mr. Novarr, essentially by default, as a result of the non-appearance of any of the named defendants; and WHEREAS, thereafter, Mayor Peterson sought an independent legal opinion as to the history and current status of Valentine Place Extension and Woodcock Street, to determine whether either of them was or is a City street, whether the City owned either June 1, 2011 8 of them, and/or whether the public retains any rights in them, of which effort the Common Council was duly apprised; and WHEREAS, title research conducted by the City’s special counsel (David A. Tyler, Esq.), aided by preparation of an extensive abstract, resulted in his issuing a legal opinion that is contained in letters to the Mayor dated April 20, 2011, and May 13, 2011; and WHEREAS, Attorney Tyler concluded that “it is doubtful the City now retains any rights it may have once possessed [in the 185-foot-long Valentine Place Extension],” but that a right-of-way across the 80-foot-long, so-called “stub” of Woodcock Street (as it runs westerly from Valentine Place), acquired by the City in 1922, was never conveyed by the City to subsequent owners of the surrounding property (including Mr. Novarr’s entities), and therefore is still held by the City (and shared with the adjoining owner); and WHEREAS, attorneys for Mr. Novarr dispute Attorney Tyler’s conclusions regarding the status of Woodcock Street and any public rights therein, and seek the immediate issuance of a building permit for the proposed Collegetown Terrace building (“#3”) that would encroach (relatively slightly) upon a portion of the City’s claimed Woodcock Street right-of-way; and WHEREAS, both the City and Mr. Novarr seek a timely, negotiated resolution to this situation, without the costs and risks of litigation, if possible; and WHEREAS, the City’s Superintendent of Public Works has indicated that the City does not rely upon the use of Valentine Place Extension or Woodcock Street for any essential public works functions, and that Valentine Place itself (north of Valentine Place Extension) can be maintained and treated as a City street whether or not the City retains or asserts rights in Woodcock Street or Valentine Place Extension – provided there is a feasible opportunity for City snowplows and other vehicles servicing Valentine Place to accomplish a turn-around, using the internal driveways that are part of the approved Collegetown Terrace site plan; and WHEREAS, at its meeting on May 25, 2011, the Board of Public Works for the City of Ithaca determined that, based on the practice and experience of the past 20 years or more, Valentine Place Extension and Woodcock Street do not qualify as City streets, that, from a public works standpoint, the City does not need to have or maintain rights in or to control either of them, that any such rights should be treated as surplusage, and that the Board does not object to the City’s conveyance of such rights; and WHEREAS, all real property on both sides of Woodcock Street (and Valentine Place Extension) is owned by the developer of the Collegetown Terrace project, and the City’s conveyance of any rights it may retain in either of said streets will not leave any parcels without public street frontage or render them non-conforming, nor would it affect any property owners other than Mr. Novarr; and WHEREAS, representatives of the City and of the adjoining property owner have negotiated a proposed resolution of this dispute, pursuant to which the City would provide quit claim deeds to Mr. Novarr, conveying any rights held by the City in Woodcock Street (or Valentine Place Extension), and as consideration Mr. Novarr would pay $12,500 to the City and would release the City from any claims he may have or wish to assert regarding this dispute (e.g., involving delay in issuance of a building permit, etc); now therefore be it RESOLVED, That the Common Council hereby accepts the opinion of special counsel that the City does not retain rights in Valentine Place Extension, and confirms the same by issuance of a quit claim deed (for the parcel described in the first Supreme Court proceeding referenced above, Index No. 09-1410), from the City to the adjoining property owner (Valentine Associates); and be it further June 1, 2011 9 RESOLVED, That the Common Council hereby accepts the opinion of special counsel that the City retains a shared right-of-way over Woodcock Street (as distinct from fee title thereto), and determines that any such rights are deemed to be surplus from a City standpoint and are therefore available for appropriate disposition; and be it further RESOLVED, That the Common Council approves of the issuance of a quit claim deed that would transfer any rights the City may possess in Woodcock Street (as that parcel is described in the second Supreme Court proceeding referenced above, Index No. 2010-0742) to the adjoining property owner, Valentine Park, LLC, in exchange for the receipt of (1) a payment to the City by said grantee in the sum of $12,500, (2) mutual releases of the parties from liability of any kind as to ownership of Woodcock Street (or Valentine Place Extension), and (3) agreement by the owner of Collegetown Terrace to allow City vehicles servicing Valentine Place to enter upon the project’s driveways for turn-around purposes; and be it further RESOLVED, That the Mayor, upon consultation with the City Attorney, be and hereby is authorized to execute and, upon receipt of the afore-mentioned consideration, to deliver to Valentine Associates and Valentine Park, LLC, quit claim deeds as described herein, and other, related documents, as needed, consistent with the intent of this resolution. Carried Unanimously 9.4 Attorney’s Office - Authorization of Revocable License to Use City Parkland for Congo Square Market - Resolution By Alderperson Clairborne: Seconded by Alderperson Myrick WHEREAS, in 2009 and 2010, the sponsors of an ongoing event known as the Congo Square Market received a license from the City of Ithaca to operate a weekly, outdoor market for local vendors on City-owned parkland immediately north of the Southside Community Center, on South Plain Street, from June until September; and WHEREAS, the current sponsors of the Congo Square Market, namely, the Ithaca Youth Bureau (a department of the City of Ithaca) and the Southside Community Center, Inc. (a not-for-profit corporation that leases a City-owned building), have requested permission to operate the Market at the same location in 2011, on every Friday evening (_____ to _____ pm) from May __, 2011, through ____________, 2011; and WHEREAS, the vendors for the Market are expected to include both small-scale, local entrepreneurs and City-sponsored youth projects; and WHEREAS, pursuant to Chapter 170 of the Municipal Code of the City of Ithaca (“Use of City Real Property”), such use of City parkland (for an event lasting more than five days at a time or that occurs more than four times over the course of a year) requires the approval of Common Council; now therefore be it RESOLVED, That the Common Council, as it did in 2009 and 2010, finds that the proposed Congo Square Market, as described by its sponsors and as experienced in operation over the last two years, constitutes a recreation-related use of the park adjacent to the Southside Community Center, which use, due to its limited duration (i.e., ____ hours at a time, on ___ occasions over the course of the year) and occupancy of only a portion of the park, will not significantly compromise the public’s ability to enjoy the park and in fact could enhance the overall quality of the park’s appeal and benefit to the public; and be it further RESOLVED, That the Common Council hereby authorizes the Mayor - upon consultation with the appropriate Department Heads as to form and compliance with all applicable laws, rules and regulations, and upon receipt of a properly completed application from the sponsors - to issue a revocable license to the Ithaca Youth Bureau and the Southside Community Center, permitting such sponsors to operate the proposed Congo Square Market in a portion of the City park adjacent to the Southside Community Center on South Plain Street, for the requested period of time (between ____ and ____ pm, each Friday between May __, 2011, and ______________, 2011, and containing the standard terms and conditions of such a license, with regard to June 1, 2011 10 liability insurance coverage, indemnification of the City, handling of trash and waste, vendor conduct, amplified sound, and other pertinent matters; and be it further RESOLVED, That as the City has not yet established a regular fee for such seasonal use of its parkland, Council hereby sets a fee of $__________ for each day’s operation of the Congo Square Market, with the total amount due from the sponsors for the requested number of days being $__________. Amending Resolution: By Alderperson Myrick: Seconded by Alderperson Clairborne RESOLVED, That the Resolution, through the second Resolved clause, be amended to read as follows: WHEREAS, in 2009 and 2010, the sponsors of an ongoing event known as the Congo Square Market received a license from the City of Ithaca to operate a weekly, outdoor market for local vendors on City-owned parkland immediately north of the Southside Community Center, on South Plain Street, from June until September; and WHEREAS, the current co-sponsors of the Congo Square Market, namely, the Ithaca Youth Bureau, (a department of the City of Ithaca), the Southside Community Center Inc. (a not-for-profit corporation that leases a City-owned building), and Cornell Cooperative Extension, have requested permission to operate the Market at the same location in 2011, on every Friday evening (4:00 p.m. to 8:00 pm) from May 20, 2011, through September 16, 2011; and WHEREAS, the vendors for the Market are expected to include both small-scale, local entrepreneurs and City-sponsored youth projects; and WHEREAS, pursuant to Chapter 170 of the Municipal Code of the City of Ithaca (“Use of City Real Property”), such use of City parkland (for an event lasting more than five days at a time or that occurs more than four times over the course of a year) requires the approval of Common Council; now therefore be it RESOLVED, That the Common Council, as it did in 2009 and 2010, finds that the proposed Congo Square Market, as described by its sponsors and as experienced in operation over the last two years, constitutes a recreation-related use of the park adjacent to the Southside Community Center, which use, due to its limited duration (i.e., 4 hours at a time, on 18 occasions over the course of the year) and occupancy of only a portion of the park, will not significantly compromise the public’s ability to enjoy the park and in fact could enhance the overall quality of the park’s appeal and benefit to the public; and be it further RESOLVED, That the Common Council hereby authorizes the Mayor - upon consultation with the appropriate Department Heads as to form and compliance with all applicable laws, rules and regulations, and upon receipt of a properly completed application from the co-sponsors - to issue a revocable license to the Ithaca Youth Bureau, the Southside Community Center, and Cornell Cooperative Extension permitting such co-sponsors to operate the proposed Congo Square Market in a portion of the City park adjacent to the Southside Community Center on South Plain Street, for the requested period of time (between 4:00 p.m. and 8:00 pm, each Friday between May 20, 2011, and September 16, 2011, and containing the standard terms and conditions of such a license, with regard to liability insurance coverage, indemnification of the City, handling of trash and waste, vendor conduct, amplified sound, and other pertinent matters; and be it further” Carried Unanimously Amending Resolution: By Alderperson Dotson: Seconded by Alderperson Myrick RESOLVED, That the last Resolved clause be amended to read as follows: RESOLVED, That as the City has not yet established a regular fee for such seasonal use of its parkland, Council hereby sets a fee of $1.00 for each day’s operation of the Congo Square Market, with the total amount due from the sponsors for the requested number of days being $18.00. June 1, 2011 11 Ayes (8) Dotson, Rosario, Clairborne, McCollister, Rooker, Myrick, Cogan Mohlenhoff Nays (1) Zumoff Abstentions: (0) Carried Main Motion as Amended: A vote on the Main Motion As Amended resulted as follows: Ayes (8) Dotson, Rosario, Clairborne, McCollister, Rooker, Myrick, Cogan Mohlenhoff Nays (1) Zumoff Abstentions: (0) Carried 9.5 Human Resources - A Local Law to Amend Sections of the City of Ithaca Charter regarding the Appointment of City Officers By Alderperson Clairborne: Seconded by Alderperson Mohlenhoff WHEREAS, the intent of the following legislation is to: • Consolidate all Charter and Code language governing appointments of City officers into one section • Eliminate redundant, repetitive and contradictory language regarding the appointment of City officers • Update titles to reflect current City officers; some historical titles are also being preserved for future use; now, therefore, Local Law - 2011 BE IT ENACTED by the Common Council of the City of Ithaca as follows: Section 1. That the following Sections and Subsections of the City Charter be amended to read as follows: §C-5.C The appointed officers of the City shall be: … (2) Officers who serve at the pleasure of the Mayor: a City Attorney, who shall serve as the head of the City Attorney’s Office. and a City Prosecutor. … (4) Officers appointed by the Mayor pursuant to §C-26: Superintendent of Public Works, Fire Chief, Police Chief, Youth Bureau Director, Building Commissioner, City Controller, City Clerk, Director of Planning and Development, City Chamberlain, Director of Human Resources and Assistant City Attorney. (5) Officers appointed by the Mayor with the approval of Common Council: the Director of the Greater Ithaca Activities Center, the Assistant City Attorney, the Building Commissioner, the City Chamberlain, the City Clerk, the City Controller, the Ithaca Activities and Cultural Coordinator, the Director of Planning and Development, the Deputy City Chamberlain, the Deputy City Clerk, the Deputy City Controller, the Fire Chief, the Personnel Administrator , the Superintendent of Public Works and the Youth Bureau Director (6) Officers appointed by the head of the Officer’s Department: the Assistant Superintendent(s) of Public Works, the Deputy Building Commissioner(s), the Deputy Director of Planning and Development, the Deputy Fire Chief, the Deputy Police Chief and all other subordinate sworn members of the police force and the Plumbing Inspector. (4) Officers who serve as the heads of their respective departments, and who are appointed by the Mayor with the approval of Common Council: Building June 1, 2011 12 Commissioner, City Chamberlain, City Clerk, Controller, Director of Human Resources, Director of Information Technology, Director of Planning and Development, Fire Chief, Greater Ithaca Activities Center Director, Police Chief, Superintendent of Public Works, Youth Bureau Director. (5) Officers who serve as the deputies or assistant department heads of their respective departments, and who are appointed by their respective department heads: Assistant City Attorney(s), Assistant Superintendent(s) of Public Works, Deputy Building Commissioner(s), Deputy City Chamberlain, Deputy City Clerk, Deputy Controller, Deputy Director of Human Resources, Deputy Director of Economic Development, Deputy Director of Planning and Development, Deputy Fire Chief(s), Deputy Greater Ithaca Activities Center Director, Deputy Police Chief(s), Deputy Youth Bureau Director §C-17.A. Selection of members of Police Department; compensation; Powers and duties of police officers. (1) The Mayor shall appoint all members of the Police Department. The Mayor may appoint the Chief of Police subject to the provisions of § C-26. The Mayor shall also appoint a Deputy, Chief of Police and shall also appoint such Captains, Lieutenants and Sergeants as such positions are authorized by the Common Council. The Chief of Police, staff officers and police officers shall receive for their services such compensation as shall be fixed by the Common Council. … C. Removal of police officers by Mayor. The police officers and staff officers of the Police Department shall be subject to removal by the Mayor when found to be incompetent, negligent or guilty of misconduct in and about or unable to perform the duties of their office or guilty of willfully violating any of the rules and regulations of the Police Commissioners or any superior officers. §C-20. A. There shall be a Department of the City Clerk, the head of which shall be the City Clerk. The City Clerk shall be appointed by the Mayor in the manner provided in §C-26 below. §C-21.A A. There shall be a Human Resources Department, the head of which shall be the Director of Human Resources. The Director of Human Resources shall be appointed by the Mayor in the manner provided in §C-26 below. §C-59. Superintendent of Public Works. The head of the Department of Public Works, including all departments and units within the jurisdiction of the Board of Public Works, shall be the Superintendent of Public Works. The Superintendent of Public Works shall be appointed and removable in the manner provided in § C-26 of this Charter. The Board of Public Works shall prescribe the duties of the Superintendent. There shall be within the Department of Public Works such engineer, assistant and other employee positions as in the judgment of the Board are necessary and as are authorized by the Common Council. The Superintendent shall appoint such engineers, assistants and other employees for indefinite terms, subject to discipline and dismissal in accordance with the Civil Service Law. The Superintendent shall fix the compensation and prescribe the duties of such engineers, assistants and other employees, subject to the approval of the Board and in accordance with any compensation plan and related rules established by the Common Council. §C-60 Plumbing Inspector. The Board of Public Works shall detail the office of Inspector of Plumbing. The Superintendent of Public Works shall appoint the Inspector of Plumbing for an indefinite term, subject to discipline and dismissal in accordance with the Civil Service Law. The Superintendent shall fix the salary June 1, 2011 13 and prescribe the duties of the person so appointed, subject to the approval of the Board and in accordance with any compensation plan and related rules established by the Common Council. Such appointment and the duties of the person so appointed shall be subject further to the provisions of Article 4 of the General City Law. §C-98 Fire Chief and other personnel. The head of the Ithaca Fire Department shall be the Fire Chief. The Fire Chief shall be appointed and removable in the manner provided in § C-26 of this Charter. The Board of Fire Commissioners shall prescribe the duties of the Fire Chief. There shall be within the Department such deputy, assistant and other employee positions as, in the judgment of the Board, are necessary and authorized by the Common Council. The Fire Chief shall appoint all deputies, assistants and other employees of the Department for indefinite terms, subject to discipline and dismissal in accordance with the Civil Service Law. The Fire Chief shall fix the compensation and prescribe the duties of such deputies, assistants and other employees, subject to the approval of the Board and in accordance with any compensation plan and related rules established by the Common Council. Any member of the Ithaca Fire Department who is appointed Fire Chief, Deputy Chief or Assistant Chief shall cease to be an active member of any company of the Department. §4-20 There shall be a Youth Bureau, headed by a Youth Bureau Director a Coordinator - Youth Bureau, who shall be appointed by the Mayor and confirmed by the Common Council. He/she shall be directly responsible to the Mayor and the Common Council and, unless otherwise required by law, serve at their pleasure. Among the powers and duties of the Coordinator - Youth Bureau Director, but not by way of limitation, shall be the: .... §4-22 There shall be a Department of Planning and Development headed by a Director of Planning and Development. who shall be appointed by the Mayor and confirmed by the Common Council upon the advice and consent of the Board of Planning and Development and the Common Council. He/she shall be appointed on the basis of his/her education and experience in carrying out the duties of his/her position and, unless otherwise required by law, shall serve at the pleasure of the Mayor and the Common Council. Among his/her functions and duties, but not by way of limitation, shall be the: .... Section 2. Severability. Severability is intended throughout and within the provisions of this local law. If any section, subsection, sentence, clause, phrase or portion of this local law is held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall not affect the validity of the remaining portion. Section 3. Effective Date. This Local Law shall take effect after it is approved by the electorate at the next general election and is subsequently filed in the office of the Secretary of State. Deputy Human Resources Director Valerie Saul explained the proposed changes and the goal to remove language from the City Charter that is already found in labor contracts, job descriptions, and other sections of the City Code. She explained that there is outdated, redundant and sometimes conflicting language in the Charter that needs to be addressed. Alderperson Cogan explained the work that is being undertaken by the Charter and Code Review Working Group. Alderperson Mohlenhoff suggested that public information efforts be undertaken to assist the public in understanding the changes that are being made to the Charter. June 1, 2011 14 Alderperson Clairborne questioned the sections in the Charter that relate to the hiring of police officers and the involvement of the Board of Public Works and Board of Fire Commissioners in the hiring of the Superintendent of Public Works and the Fire Chief. Deputy Human Resources Director Saul explained the hiring process for police officers and the search committee process for department heads. A vote on the Local Law resulted as follows: Carried Unanimously 9.6 Human Resources - A Local Law to Amend Section C-19 of the City of Ithaca Charter Regarding Financial Officers By Alderperson Clairborne: Seconded by Alderperson Cogan WHEREAS, the intent of the following legislation is to: • To amend the Charter to reflect the current organizational structure and operational practices of the City Controller’s Office and City Chamberlain’s Office. • To clearly separate the authorities and responsibilities of the City Controller and the City Chamberlain, so that a system of checks and balances is created and maintained; now, therefore Local Law - 2011 BE IT ENACTED by the Common Council of the City of Ithaca as follows: Section 1. That Section C-19 of the City Charter be amended to read as follows: §C-19: Financial Officers. Department of Finance. There shall be a Department of Finance, the joint heads of which shall be the City Controller and the City Chamberlain. The City Controller and the City Chamberlain shall be appointed by the Mayor in the manner provided in § C-26 below. A. Offices in Department of Finance. Within the Department of Finance, there shall be the following Offices: 1. The Office of Budget and Control, the head of which shall be the City Controller. 2. The Office of the City Chamberlain, the head of which shall be the City Chamberlain. B. Management of the Department. 1. The Controller and Chamberlain, within their respective Offices, shall each have the authority to hire, discipline and remove the employees of those Offices independent of the other Department head. 2. The Controller and Chamberlain, within their respective Offices, shall each direct and supervise the work of the employees of those offices independent of the other Department head. 3. Employees of the Department, regardless of which Office is their primary assignment, may be trained to substitute for employees of the other Office. 4. Substitute assignments of employees within the Department shall be made upon the agreement of both Department heads, and such assignments shall be temporary unless a permanent reassignment is explicitly authorized by both Department heads. A. C. Powers and Duties of the City Controller. (All existing language regarding powers and duties of the City Controller remains.) June 1, 2011 15 B. D. Powers and Duties of the City Chamberlain. (All existing language regarding powers and duties of the City Chamberlain remains.) Section 2. Severability. Severability is intended throughout and within the provisions of this local law. If any section, subsection, sentence, clause, phrase or portion of this local law is held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall not affect the validity of the remaining portion. Section 3. Effective Date. This Local Law shall take effect after it is filed in the office of the Secretary of State. Carried Unanimously 9.7 Human Resources - A Local Law to Amend Section C-22 of the City of Ithaca Charter Regarding the Authorities and Responsibilities of Department Head and Deputy Positions By Alderperson Clairborne: Seconded by Alderperson Rooker WHEREAS, the intent of the following legislation is to consolidate the basic/general authorities and responsibilities inherent in all department head and deputy positions into one section. New York State has delegated certain powers and responsibilities to the Common Council. It is appropriate for Common Council, in turn and through the Charter, to empower and charge its department heads (and deputies) with the carrying out of certain, general duties. However, the day-to-day responsibilities, assignments and tasks of the individual department head and deputy positions are more fluid and change periodically as the priorities of the Mayor and Common Council change. Job descriptions are more flexible and more easily amended than the Charter, and are therefore the more appropriate location for prescribing daily activities and program and functional responsibilities; now, therefore Local Law - 2011 BE IT ENACTED by the Common Council of the City of Ithaca as follows: Section 1. That Section C-22 of the City Charter be amended to read as follows: §C-22. Department Heads, Deputies and Assistants. Assistants and Deputies. A. The Common Council may create, establish or abolish the offices of Deputy City Controller, Deputy City Chamberlain, Deputy City Clerk, Deputy Building Commissioner, Deputy Director of Planning and Development, Deputy Fire Chief, Assistant Superintendent of Public Works and Assistant City Attorney. The Assistant City Attorney must be a resident of Tompkins County, New York. It is not necessary that the Assistant City Attorney be a resident of the City of Ithaca. Such officers shall generally assist their superiors in the execution of their powers and duties and may perform such part or portion of such duties as designated by such superiors and, in the absence, inability or temporary vacancy of their respective superiors, shall act as such and, when so acting, shall have all the powers of such office. B. The Deputy City Controller, the Deputy City Chamberlain and the Deputy City Clerk shall be appointed and removed in the same manner as their superiors, unless otherwise controlled by contract or the New York State Civil Service Law. A. The department heads of the City of Ithaca, as defined in §C-5.C(2) and §C- 5.C(4) of this Charter, shall be vested with the following authorities and duties, subject to the powers and supervision of the Mayor (as described in §C- 11.B(1)(b) and §C-11.B(6), respectively) and subject to the general legislative powers of the Common Council (as described in §C-35): June 1, 2011 16 1. To appoint, discipline and remove as necessary, all subordinate officers and employees of their respective departments; 2. To direct and supervise the work of the officers and employees of their respective departments; 3. To organize and manage the work of their respective departments, and assign and transfer administrative functions, tasks and responsibilities within their respective departments, as is in the best interest of the City; 4. To exercise all powers and carry out all responsibilities vested in the office which the department head holds, on behalf of the City; 5. To make and authorize necessary expenditures to carry out the responsibilities of their respective departments, in accordance with authorized budgetary allocations and established financial procedures; 6. To exercise such other responsibilities and perform such other duties as may be prescribed by the Charter, state or local law, or assigned by the Mayor or Common Council. B. The deputy and assistant department heads of the City of Ithaca, as defined in §C-5.C(5) of this Charter, shall generally assist their superiors in the execution of their powers and duties and may perform such part or portion of such duties as designated by such superiors and, in the absence, inability or temporary vacancy of their respective superiors, shall act as such and, when so acting, shall have all the powers of such office. Section 2. Severability. Severability is intended throughout and within the provisions of this local law. If any section, subsection, sentence, clause, phrase or portion of this local law is held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall not affect the validity of the remaining portion. Section 3. Effective Date. This Local Law shall take effect after it is approved by the electorate at the next general election and is subsequently filed in the office of the Secretary of State. Carried Unanimously 9.8 City Controller’s Report City Controller Thayer reported to Common Council on the following items: • 2012 budget work has started with capital project requests due on May 31st • The Mayor’s budget message will be out within the week, a very difficult budget time lies ahead • Property Tax Cap – the Assembly Bill is gaining support which would result in a 2% levy increase or CPI whichever is less • Property tax assessment, 1.8% increase in assessed value, which is subject to change before the July 1, 2011 deadline • 2011 sales tax revenue just below 2010 activity (3% increase was budgeted) • Parking revenue – could be well under budget projections as permits and meters are not performing well – no changes are recommended at this point • Fine revenues could go beyond budget projections • Golf revenue is $60,000 below 2010 collections due to all of the rain and flooding the City experienced. The Golf Pro’s retirement has resulted in some savings. • Litigation activity has created a large expense during the past 2 years • The 2009 audit should be complete within the next 2 weeks. A Special Council meeting may be needed for report approval. June 1, 2011 17 10. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE: 10.1 An Ordinance to Amend Chapter 325 of the City of Ithaca Municipal Code entitled “Zoning” to Establish the Collegetown Area Form Districts and Rezoning of Portions of the R-1b, R-2a, R-2b, R-3a, R-3b, B-2b, and U-1 Districts to Traditional Residential (TR), Village Residential (VR), and Mixed Use (MU) This item was withdrawn from the agenda. 10.1 An Ordinance to Amend Chapter 280 of the City of Ithaca Municipal Code entitled “Smoking, Outdoor” By Alderperson Dotson: Seconded by Alderperson Myrick WHEREAS, the Common Council of the City of Ithaca determined and resolved by its adoption, on April 7, 2010, of an ordinance (now Chapter 280 of the Municipal Code of the City of Ithaca, entitled “Smoking, Outdoor”) that creating smoke-free areas in certain public spaces, where children or adults are likely to be concentrated, and/or where persons cannot readily escape from exposure to tobacco smoke without depriving themselves of the benefits of said public spaces, will protect the health, safety and welfare of the residents of the community; and WHEREAS, the original ordinance prohibited smoking on the inner portion of the primary Ithaca Commons, thus permitting smoking at the east, west and north entrance areas of the Commons; and WHEREAS, on October 6, 2010, in recognition that implementation of the ordinance had resulted in an appreciable increase in the concentration of active smokers at the most westerly border of the smoke-free portion of the Commons, the Council amended the ordinance to expand the smoke-free area to encompass the entire primary Ithaca Commons; and WHEREAS, since the amended ordinance went into effect, there has been an appreciable increase in the concentration of active smokers in certain areas immediately adjacent to the westerly end of the primary Ithaca Commons, namely, along the sidewalks of the 100 blocks of North and South Cayuga Street, and, to some extent, along the sidewalks of the 100 block of West State/Martin Luther King, Jr., Street, to the reported detriment of both owners and patrons of businesses in those areas; and WHEREAS, such concentration of smokers could have the effect of increasing the hazards of second-smoke for those working in or attempting to pass through these heavily-used areas; and WHEREAS, the Council believes that, for various reasons, an expansion of the downtown smoke-free zone to the sidewalks of these blocks adjacent to the Commons is not likely to result in a similarly problematic re-location of concentrated smoking to a nearby, non-regulated areas; now therefore Ordinance 2011-_______ BE IT ORDAINED AND ENACTED, by the Common Council of the City of Ithaca, as follows: Section 1. Section 280-4, Subsection C, of Chapter 280 of the Municipal Code (entitled “Smoking, Outdoor”) is hereby amended to read as follows: § 280-4. Outdoor smoking prohibited in certain public places. Smoking shall not be permitted and no person shall smoke in the following outdoor areas, subject to the limited exception for streets open to regular traffic as set forth in § 280-5, below: … June 1, 2011 18 C. In certain other areas, as follows: (1) On any part of the Ithaca Commons… (2) On the public sidewalk along both sides of certain streets immediately adjacent to the Ithaca Commons, namely: (a) The 100 block of North Cayuga Street; (b) The 100 block of South Cayuga Street; and (c) The 100 block of West State/Martin Luther King, Jr., Street. For the purpose of this section, “public sidewalk” means that area between the outside of the curb and the property line of the adjacent, privately-owned property that fronts on said sidewalk. Subsequent subsections to be re-lettered accordingly, starting with: (2)(3) On any public property that is within 25 feet of… Section 2. Effective Date. This ordinance shall take effect ________________, 2011 and upon publication of notice as provided in the Ithaca City Charter. Section 3. Severability. If any clause, sentence, paragraph, section, article of part of this ordinance, now or through supplementation or amendment in the future, 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, article or part thereof directly involved in the controversy in which such judgment shall have been rendered. Alderpersons Zumoff and McCollister noted that they appreciate the effort that went into this, but they both feel it is not practical. They noted that they could support this legislation if the last Whereas clause were removed as they understand the current pressure that the businesses on the west end of the Commons are facing. Amending Resolution: By Alderperson Zumoff: Seconded By Alderperson McCollister RESOLVED, That the last Whereas clause be removed from the resolution. Ayes (8) Clairborne, Rosario, Zumoff, McCollister, Rooker, Myrick, Cogan Mohlenhoff Nays (1) Dotson Abstentions (0) Carried Alderperson Rosario expressed his concern about where smokers will relocate to. He stated that he supports going back to the guiding principles behind the original legislation that were to protect children from secondhand smoke and to prohibit smoking in places where people cannot readily escape the smoke. Alderpersons Rosario and Clairborne expressed their support for the designation of a smoking area in the downtown core. Amending Resolution: By Alderperson Cogan: Seconded by Alderperson Dotson RESOLVED, That Section 2 of the Ordinance be amended to read as follows: Section 2. Effective Date. This ordinance shall take effect immediately and upon publication of notice as provided in the Ithaca City Charter. Carried Unanimously June 1, 2011 19 Discussion followed on the floor regarding the confusing visual cues that smokers have experienced on the Commons, proposed time limits for the smoke-free zones, and enforcement measures. Main Motion As Amended: A vote on the Main Motion as Amended resulted as follows: Carried Unanimously NEW BUSINESS: 12.1 Kilpatricks Restaurant - Alcohol Permit Request – Resolution By Alderperson Dotson: Seconded by Alderperson Myrick WHEREAS, the City Clerk has received a request to allow Kilpatrick’s restaurant to utilize certain areas along North Tioga Street for outdoor dining, and WHEREAS, this use of public property has been deemed proper and successful, and WHEREAS, the City of Ithaca wishes to promote diverse uses of the Primary and Secondary Commons, including outdoor dining, and WHEREAS, it is Common Council's responsibility to determine whether or not to allow the serving and consumption of alcohol on the Primary and Secondary Commons, and WHEREAS, Common Council has determined that the use of this public property for outdoor dining at Kilpatrick’s restaurant, including the responsible sale and consumption of alcohol, is desirable, and WHEREAS, Common Council has determined that any use of this or similar public property involving the same and consumption of alcohol should be covered by a minimum of $1,000,000 insurance under the Dram Shop Act; now, therefore be it RESOLVED, For the year 2011, Common Council hereby approves a revocable Alcoholic Beverage Permit for the outdoor sale and consumption of alcohol for Kilpatrick’s restaurant that includes the sale of alcohol in accord with the terms and conditions set forth in application therefore, including minimum Dram Shop coverage in the amount of $1,000,000 and the approval of an outdoor dining permit. Carried Unanimously 12.2 Finger Lakes Wine Center - Alcohol Permit Request – Resolution By Alderperson Dotson: Seconded by Alderperson Myrick WHEREAS, the City Clerk has received a request to allow Finger Lakes Wine Center to utilize certain areas along South Cayuga Street for outdoor dining, and WHEREAS, this use of public property has been deemed proper and successful, and WHEREAS, the City of Ithaca wishes to promote diverse uses of the Primary and Secondary Commons, including outdoor dining, and WHEREAS, it is Common Council's responsibility to determine whether or not to allow the serving and consumption of alcohol on the Primary and Secondary Commons, and WHEREAS, Common Council has determined that the use of this public property for outdoor dining at Finger Lakes Wine Center, including the responsible sale and consumption of alcohol, is desirable, and WHEREAS, Common Council has determined that any use of this or similar public property involving the same and consumption of alcohol should be covered by a minimum of $1,000,000 insurance under the Dram Shop Act; now, therefore be it RESOLVED, For the year 2011, Common Council hereby approves a revocable Alcoholic Beverage Permit for the outdoor sale and consumption of alcohol for Finger Lakes Wine Center that includes the sale of alcohol in accord with the terms and conditions set forth in application therefore, including minimum Dram Shop coverage in the amount of $1,000,000 and the approval of an outdoor dining permit. Carried Unanimously June 1, 2011 20 12.3 Discussion of a Resolution to Cornell University Administration Regarding the Change in Status for the Africana Studies and Research Center WHEREAS, Cornell University is responsible for providing a world-class education for its students who come from places across this country and from around the globe, and WHEREAS, the founding of the Cornell’s Africana Studies and Research Center (ASRC) in 1969 was born from the proclaimed and generally agreed-upon terms of providing a safe intellectual, physical, and social space for Black students during a period of overt hostility towards the university’s students of color, and WHEREAS, the original institutional structure of ASRC as a cross-disciplinary and intercollegiate unit has been intentionally designed by the university administration to help it advance its unique intellectual, cultural, and scholar-activist goals; WHEREAS, Cornell has had to make multiple adjustments in both its budget and operations in order to sustain itself and its mission through the turbulent economic times this country continues to face, WHEREAS, the City of Ithaca Common Council recognizes the very difficult choices facing Cornell’s administration as it continues to deal with the current negative budget climate, and WHEREAS, while acknowledging that Cornell’s top administration, its Board of Trustees, and the City’s Mayor and Common Council are separate entities, Common Council also recognizes that decisions made by one body may have ramifications on areas of responsibility of the other, and WHEREAS, on December 1, 2010, the president and the provost of Cornell handed down a decision to significantly alter the institutional structure of the ASRC, transforming it from a stand-alone intercollegiate unit that reports directly to the Provost Office into a yet-to-be determined academic entity absorbed into an already established college at Cornell, and WHEREAS, members of ASRC’s faculty, students, and staff have said publicly that: they had no prior knowledge of this decision; that evidence points to disclosure to faculty elsewhere on the campus; that evidence suggests the initial decision-making process intentionally excluded ASRC’s members; and that they continue to request a meaningful dialogue with Cornell administrators, and WHEREAS, for over 42 years, and as this nation’s first such institution, ASRC’s unique intercollegiate status has stood as a model to other Africana an ethnic studies programs across the nation and the globe yet it feels denied in having any meaningful say in its continued destiny, and WHEREAS, a part of that model has been the building of bridges between ASRC’s faculty, staff, and students with communities within the City of Ithaca, which has helped further enhance the names of both ASRC and Cornell across the local community, and WHEREAS, leaders in various parts of the local Ithaca community have requested a public, town-hall-style meeting as a way to help both sides come to a mutually beneficial agreement, and WHEREAS, Cornell’s administration has met with several groups in recent months to discuss the proposed realignment, limitations of the current structure, and the merits of the proposal for ASRC and other aspects of Cornell’s academic entities, and WHEREAS, people potentially affected by the proposed restructuring have asked to have input in the concept, not be limited to how to implement the proposal, and June 1, 2011 21 WHEREAS, the stellar reputations of Cornell and many institutions within it, including ASRC, attract scores of people to the university and the City of Ithaca – be they students, their families, faculty, or staff – to “live, learn, work, play, create, and dream,” which stimulates our local economy repeatedly during any year, and WHEREAS, Cornell has built a great reputation as a developer of leadership through empowerment and has stated that its restructuring would be done in collaboration with those directly involved in any change; now, therefore be it RESOLVED, That the City of Ithaca Common Council respectfully requests that the top administration of Cornell University consider all of the implications in its proposed re- alignment of the Africana and Research Studies Center; and be it further RESOLVED, That Common Council encourages Cornell’s administration to delay moving forward with the restructuring of ASRC and, in the interim, respectfully requests that administrators engage members of the Cornell community, particularly those poised to be most affected – such as the faculty, staff and students at ASRC – in meaningful, transparent and productive dialogue that can lead to a mutually agreed upon decision in contemplation of the restructuring effort; and be it further RESOLVED, That a copy of this resolution be sent to Cornell University President David J. Skorton, Provost W. Kent Fuchs, ASRC Director Robert L. Harris Jr., and the members of Cornell’s Board of Trustees. Alderperson Clairborne explained that he tried to reflect some of the voices that have been heard when writing this Resolution. The intent of the legislation is to encourage Cornell University to act in a diplomatic way when decisions like this are made. Alderperson Rooker stated that going forward, the City should try to remind Cornell University that developing consensus in decisions that impact the community should be encouraged, as well as providing an opportunity for public input. He stated that he felt it is too late for this decision, but moving forward it would be good to work in this direction. Mayor Peterson noted that she has spoken about the issue to President Skorton, the Provost, and Gary Stewart, and a statement is expected to be released on June 2nd. She further stated that the City should wait to see what information is released tomorrow, and then discuss how to proceed from there. Discussion followed on the floor regarding various opinions of Council members as to how to proceed ( a letter vs. a Resolution). Alderpersons McCollister and Mohlenhoff expressed their concerns regarding the fact that they only received the Resolution this evening, which did not provide them with an opportunity to review it and consider it appropriately. They expressed interest in obtaining more information regarding the impact this issue has on the community. 13. INDIVIDUAL MEMBER – FILED RESOLUTIONS: 13.1 Designation of Marriage Officer – Resolution By Alderperson Myrick: Seconded by Alderperson Cogan RESOLVED, That Deborah Mohlenhoff be designated as a Marriage Officer in the City of Ithaca with a term to expire July 31, 2011. Carried Unanimously 13.2 Alderperson Rosario – Request That Governor Cuomo Rescind “Secure Communities” Agreement – Resolution By Alderperson Rosario: Seconded by Alderperson Cogan WHEREAS, in March 2008, U.S. Immigration and Customs Enforcement (ICE), an agency of the Department of Homeland Security (DHS), announced the initiation of the Secure Communities program; and June 1, 2011 22 WHEREAS, on December 28, 2010, New York State entered into a Memorandum of Agreement with ICE/DHS, regarding the Secure Communities program, which agreement requires the State and any participating local police departments to use fingerprint-based biometric technology during booking and to share this data immediately with DHS; and WHEREAS, the City of Ithaca has been repeatedly pressed by ICE to sign such an agreement so as to make the Ithaca Police Department a participant in the biometric program; and WHEREAS, confusing and contradictory information has been provided as to whether municipal participation in the Secure Communities program is voluntary or compulsory, and WHEREAS, civil rights organizations have expressed great concern about the erosion of due process rights and racial profiling that the Secure Communities program creates, the splitting up of families and strain on communities of increased deportations, and the increased financial and resource burdens on local law enforcement, and WHEREAS, on May 4, 2011, Governor Quinn of Illinois wrote a letter to DHS terminating the Secure Communities Memorandum of Agreement between the Illinois State Police and DHS, explaining that the stated purpose of the program to identify, detain, and remove from the US aliens who have been convicted of serious crimes is contrary to actual ICE-provided statistics, which show that more than 20% of the deportations under the program have been of persons who were not convicted of any crime, and WHEREAS, New York State and the City of Ithaca have historically been beacons of hope for immigrants and refugees, now therefore be it RESOLVED, That the Common Council of the City of Ithaca does not support the City’s participation in the Secure Communities program, as that program is now constituted and as it is being implemented, and be it further RESOLVED, That the Common Council of the City of Ithaca hereby urges that the current Memorandum of Agreement regarding the Safe Communities program be rescinded in its entirety by the State of New York, through its governor, and that a thorough investigation and review of the program be conducted before the State commits to further involvement, and be it further RESOLVED, That the City Clerk be and hereby is requested to convey copies of this resolution to Governor Cuomo, Assemblywoman Lifton, and Senator O’Mara. Amending Resolution: By Alderperson Rosario: Seconded by Alderperson Dotson RESOLVED, That there be an additional Whereas clause added to the Resolution, just before the last Whereas clause that would read as follows: “WHEREAS, according to New York State Civil Liberties Union, 80% of those deported have not been convicted of any crime” Carried Unanimously Amending Resolution: By Alderperson Rosario: Seconded by Alderperson Cogan RESOLVED, That the second Resolved clause be amended to read as follows: “RESOLVED, That the Common Council of the City of Ithaca hereby applauds Gov. Cuomo’s decision on June 1, 2011 to suspend the State’s agreement with Department of Homeland Security; however, it urges that the current Memorandum of Agreement regarding the Secure Communities program be rescinded in its entirety by the State of New York, through its governor, and that a thorough investigation and review of the program be conducted before the State commits to further involvement, and be it further” June 1, 2011 23 Carried Unanimously Discussion followed on the floor with Alderperson Rosario noting that a program is needed that focuses on serious criminals; however, the current situation has created public safety concerns as immigrants are afraid to talk to law enforcement officials for fear of being detained or deported. Alderperson Clairborne noted that the current laws result in the separation of families. Main Motion As Amended: A vote on the Main Motion as Amended resulted as follows: Carried Unanimously MAYOR’S APPOINTMENTS: 14.1 Resolution to Appoint City Representatives to the Tompkins County Council of Governments (TCCOG) By Alderperson Myrick: Seconded by Alderperson McCollister WHEREAS, the Tompkins County Intermunicipal Steering Committee has been meeting to discuss ways the local governments could work together to reduce costs to the residents; and WHEREAS, the Committee has learned that other Counties have created a Council of Governments made up of local government officials; and WHEREAS, the Tompkins County Counsel of Governments is intended to be an association of local governments organized to provide a forum for discussion, study, and negotiation leading to agreements for more efficient, improved, or more cost effective delivery of government services; and WHEREAS, the City of Ithaca desires to be a member of the Tompkins County Council of Governments; now, therefore, be it RESOLVED, That Mayor Carolyn K. Peterson is hereby approved as the voting member for the City of Ithaca of the Tompkins County Council of Governments; and be it further RESOLVED, That Alderperson Eric Rosario is appointed as the alternate voting member. Carried Unanimously 14.2 Appointment to Conservation Advisory Council – Resolution By Alderperson McCollister: Seconded by Alderperson Zumoff RESOLVED, That Emily Hamilton be appointed to the Conservation Advisory Council to fill a vacancy with a term to expire December 31, 2014, and be it further 14.3 Appointment to Parks Commission – Resolution RESOLVED, That Lawrence J. Fabbroni be appointed to the Parks Commission to fill a vacancy with at term to expire December 31, 2012, and be it further 14.4 Appointment to the Planning and Development Board – Resolution RESOLVED, That Meghan Thoreau Jacquet be appointed to the Planning and Development Board to replace David Kay with a term to expire December 31, 2012. Carried Unanimously 14.5 Appointment to Program Oversight Committee for the Community Housing Affordability Program and the Community Housing Trust Program Mayor Peterson appointed Alderperson Svante Myrick to the Program Oversight Committee for the Community Housing Affordability Program and the Community Housing Trust Program. No Common Council Member Objected. June 1, 2011 24 REPORTS OF COMMON COUNCIL LIAISONS: Alderperson Clairborne provided the following report which summarizes the Ithaca Urban Renewal Agency (IURA) activities for the months of April and May 2011: Community Lending Buffalo Street Books - The IURA approved a discounted loan payoff to facilitate the community buyout of the Buffalo Street Bookstore at DeWitt Mall from Gary Weissbrot to the Buffalo Street Cooperative, Inc., which has over 400 shareholders. The sale to the Cooperative closed on May 26 and the IURA received an $80,000 loan payoff. Commons Upper Story Housing Projects ItalThai LLC's Mia Restaurant and Apartments project at 130-132 E. MLK Jr./E. State Street has been completed. A ribbon cutting and tour of the building is scheduled for noon on Monday, June 6. The $3 million project includes a 4,000-square-foot restaurant, 6 market-rate 1-bed apartments, 2 affordable 1-bed apartments, and 1,200 square feet of commercial office space. The City provided $900,000 in Restore NY grant assistance to this project; the IURA issued a $100,000 loan to the restaurant in April. The upper-story renovation of the Petrune building for light manufacturing is underway and expected to be completed by June 30. The City is assisting this project with $250,000 in Restore NY grant funding. In May, the IURA issued a $35,000 loan for Petrune's textile production business. HUD Entitlement Program - 2011 Action Plan The recently adopted 2011 Federal budget sharply reduced funding for the CDBG and HOME grant awards to the City by $213,000. The annual City of Ithaca Action Plan allocates these grant funds to address community development needs in the areas of housing, public facilities, economic development and public services. In April, the Common Council approved a resolution adopting the IURA-recommended 2011 Action Plan that assumed no change in funding from the 2010 award. The resolution included rules identifying projects to receive reduced funding in the event of budget cuts, but did not anticipate the magnitude of funding reductions. For example, the entire Rental Security Deposit program sponsored by Catholic Charities would be eliminated under the resolution language. The IURA met in May to discuss the best way to absorb the federal budget cuts. The IURA is authorized to make budget amendments between projects of $25,000 or less. Rather than eliminate all funding for the Rental Security Deposit program, the IURA voted to approve a program amendment to the Action Plan to restore $25,000 to the Rental Security Deposit program by reducing funding for the First Time Homebuyer program by $25,000. Following is a summary of how the federal budget cuts are allocated among local projects: $45,000 Rental Security Deposits (Catholic Charities) $25,000 First Time Homebuyer Program (Ithaca Neighborhood Housing Services) $7,000 Work Preserve Job Training (Historic Ithaca) $5,000 Immigrant Services Program (Catholic Charities) $5,000 2-1-1 Call Center (Human Services Coalition of Tompkins County) $36,000 Administration (IURA) $90,000 GIAC Rehabilitation year #4 of 5 funding $213,000 Following receipt of the final grant allocation amounts from HUD, a revised 2011 Action Plan table will be distributed to Common Council members showing final funding for each project. June 1, 2011 25 Tompkins County Chamber of Commerce Alderperson Mohlenhoff reported that the Tompkins County Chamber of Commerce hosted a forum to present a report that was completed by two interns who were engaged by the Chamber. The report was entitled “City Governance in Ithaca, New York” and it reviewed different forms of government. The conclusion that the writers made was that a Council – Manager form of government would better serve Ithaca than the current Mayor-Council form. Alderperson Mohlenhoff noted that this was a very good starter conversation for the topic. TCAT Alderperson Dotson reported that the July TCAT Board meeting will include a budget presentation. She noted that TCAT is also bracing for a difficult budget year and is looking at making cuts and studying the resulting impacts on transportation. Diversity Consortium Mayor Peterson announced that the Annual Diversity Consortium Roundtable Event will be held at Ithaca College’s Emerson Suites next week. MINUTES FROM PREVIOUS MEETINGS: 18.1 Approval of the May 2, 2011 Special Common Council Meeting Minutes - Resolution This item was removed from the agenda. 18.2 Approval of the May 4, 2011 Regular Common Council Meeting Minutes - Resolution By Alderperson McCollister: Seconded by Alderperson Mohlenhoff RESOLVED, That the minutes of the May 4, 2011 Regular Common Council Meeting be approved as corrected. Carried Unanimously 18.3 Approval of the May 12, 2011 Special Common Council Meeting Minutes - Resolution This item was removed from the agenda. ADJOURNMENT: On a motion the meeting adjourned at 11:05 p.m. ______________________________ _______________________________ Julie Conley Holcomb, CMC Carolyn K. Peterson, City Clerk Mayor