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