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HomeMy WebLinkAboutMN-CC-2004-05-05COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 7:00 p.m. May 5, 2004 PRESENT: Mayor Peterson Alderpersons (9) Coles, Mackesey, Berry, Whitmore, Tomlan, Zumoff, Taylor, Townsend, Cogan OTHERS PRESENT: City Clerk – Conley Holcomb City Attorney – Luster City Controller – Thayer Planning and Development Director – Van Cort Community Development Director – Bohn Deputy Community Development Director - Kittel Superintendent of Public Works – Gray Human Resources Director – Michell-Nunn EXCUSED: Alderperson Holtham Korherr PLEDGE OF ALLEGIANCE: Mayor Peterson led all present in the Pledge of Allegiance to the American Flag. ADDITIONS TO OR DELETIONS FROM THE AGENDA: New Business: Alderperson Coles requested the addition of Item 14.1 – Cover the Uninsured Initiative – Resolution. No Council member objected. PROCLAMATIONS/AWARDS: Mayor Peterson presented the City of Ithaca Distinguished Youth Award to the Ithaca Police Explorer Post #392. Mayor Peterson proclaimed the month of May, 2004 as Mental Health Awareness Month. Mayor Peterson proclaimed the week of May 10-16, 2004 as Cover the Uninsured Week. Mayor Peterson proclaimed the week of May 2-8, 2004 as Municipal Clerk’s Week and expressed her thanks to City Clerk Julie Conley Holcomb, and Information Management Specialists Sarah Myers and Cindie Day for their exceptional service to the City of Ithaca. SPECIAL ORDER OF BUSINESS: 4.1 Common Council’s Appointment to the Local Advisory Board of Assessment Review – Resolution By Alderperson Whitmore: Seconded by Alderperson Mackesey RESOLVED, That Edward Finnegan and Callista F. Paolangeli be appointed to the Local Advisory Board of Assessment Review. Carried Unanimously May 5, 2004 2 4.2 A Public Hearing on the City of Ithaca Consolidated Plan and Action Plan Development HUD Entitlement Program. This is the second of two public hearings to gain public input on development of the City of Ithaca’s 2004-2008 Consolidated Plan and the FY 2004 Action Plan for the HUD Entitlement program. Resolution to Open Public Hearing By Alderperson Tomlan: Seconded by Alderperson Zumoff RESOLVED, That the Public Hearing on the City of Ithaca Consolidated Plan and Action Plan Development HUD Entitlement Program be declared open. This is the second of two public hearings to gain public input on development of the City of Ithaca’s 2004-2008 Consolidated Plan and the FY 2004 Action Plan for the HUD Entitlement program. Carried Unanimously The following people addressed Common Council: Fay Gougakis, City of Ithaca, Economic Development loan funds Joel Harlan, Town of Newfield, high rents downtown The following people spoke in support of additional funding for the Mutual Housing Association (MHA). Marcus Goines, City of Ithaca Phoebe Brown, City of Ithaca Suzanne Burnham, City of Ithaca Kathleen O’Neil, City of Ithaca Kathleen Simpson, City of Ithaca Resolution to Close Public Hearing: By Alderperson Cogan: Seconded by Alderperson Tomlan RESOLVED, That the Public Hearing on the City of Ithaca Consolidated Plan and Action Plan Development HUD Entitlement Program be declared closed. This is the second of two public hearings to gain public input on development of the City of Ithaca’s 2004-2008 Consolidated Plan and the FY 2004 Action Plan for the HUD Entitlement program. Carried Unanimously SPECIAL PRESENTATIONS BEFORE COUNCIL: Tompkins County Legislator Richard Booth – District 3 reported to Council on the following matters: Cayuga Green electrical solar panel mitigation plan Ongoing inter-municipal discussions regarding improved efficiencies and cost reductions Tompkins County Highway Department reorganization TCAT restructuring 2005 County budget goals Future of the Tompkins County Airport: budget and management structures Joseph Wetmore, Ad-hoc member of the Ethics Sub-committee addressed Council to express his concern regarding the removal of the “Alliances/ Allegiances” text from the Annual Disclosure Form. He discussed the Cornell University “Commitment Policy”, and the importance of having potential conflicts of interest disclosed on the form. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: The following people addressed Common Council: Dooley Keifer, Tompkins County Legislature – TCAT Reorganization legislation Richard Livingston Lackner, Town of Ithaca – Same gender marriage; police harassment at Stewart Park; street closures Joel Harlan, Town of Newfield – Collegetown parties; Southwest area development Jennifer Dotson, City of Ithaca, BPW, BPAC, Planning Board – Taughannock Blvd Extension Study Bernie Fetterly, City of Ithaca – Health care issues and the “Cover the Uninsured” Week May 5, 2004 3 Rebecca Elgie, City of Ithaca – The need for health care access for all city residents Mary Shelley, City of Ithaca – Personal Watercraft Ordinance Fay Gougakis, City of Ithaca – Cornell Vet School EIS Statement; Personal Watercraft Ordinance; Noise Ordinance; Speeding in the city; cell phone rules for the Public Library PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR: Alderperson Berry thanked the speakers who addressed their comments and concerns regarding affordable and accessible housing. She further responded to comments made about the Annual Disclosure Forms, same gender marriage, the Taughannock Blvd Extension Study, and speeding on Plain Street. Alderperson Zumoff thanked Ithaca Police Officer Christine Barksdale for her work with the Citizen Police Academy. Alderperson Zumoff recently completed the Academy and highly recommended the program. Alderperson Mackesey thanked the Ithaca Police Department Officers who worked on Prospect Street during the last day of Ithaca College classes and commended the fine job they did. She further thanked the residents of the Mutual Housing Association for addressing Council with their concerns. Alderperson Mackesey announced that Water Resources Council would be sponsoring Water Week events on May 7, 2004 at Pyramid Mall and May 8, 2004 at the Farmer’s Market. Alderperson Townsend offered a reminder to Cornell students to be mindful of their neighbors and the residents around them during Senior Week festivities. Alderperson Whitmore thanked the speakers from the Mutual Housing Association. He further voiced his support for same gender marriage, and responded to comments made about the need for a transportation demand management study. Alderperson Whitmore expressed his desire to conduct public hearings on a date separate from the date of consideration of the legislation. CONSENT AGENDA ITEMS: City Administration: 8.1 Common Council – Request to Amend 2004 Budget for County Community Celebrations Funds By Alderperson Berry: Seconded by Alderperson Coles WHEREAS, Tompkins County recently notified the City of $3,330 in grant funds from the County to the City for Community Celebrations funds, and WHEREAS, the $3,330 in funds would need to be disbursed to the following celebrations: Rock the Arts $ 700 Juneteenth 2004 1,115 National Night Out – Northside 300 Scarecrow Jubilee 1,215 $3,330 Now, therefore, be it RESOLVED, That Common Council hereby accepts the $3,330 in Community Celebrations Grant Funds from Tompkins County and amends the 2004 Budget to account for said grant as follows: Increase Revenue Account: A2377 $3,330 Increase Appropriation Account: A1012-5435 $3,330 Carried Unanimously May 5, 2004 4 8.2 City Clerk – Resolution in Support of the Local Government Records Management Improvement Fund By Alderperson Berry: Seconded by Alderperson Coles WHEREAS, the Local Government Records Management Improvement Fund was established in Chapter 78, Laws of 1989, to benefit the local governments of New York State through grants for records management and through establishment of a program of regionally-based technical assistance administered by the New York State Archives and Records Administration of the New York State Education Department, and WHEREAS, these needs are served and programs sustained through modes surcharges on fees for records filed and recorded by County Clerks of the State of New York and the Register of the City of New York, without the use of state tax revenues, and WHEREAS, the grants, consultations, workshops, and other services to municipalities supported by the Fund have contributed significantly to the improved management of its records, to the availability and accessibility of those records to its officials and citizens, and to economical and responsive administration saving taxpayers’ dollars, and WHEREAS, this program is reviewed every five years, and currently has a sunset date of December 31, 2005, and WHEREAS, the Local Government Records Management Improvement Fund has enormously benefited the City of Ithaca through the award of six (6) competitive records management grants totaling $158,227 allowing us to inventory, and organize our records, renovate and equip an inactive records storage area, create an electronic index of Common Council minutes, create a business process analysis of land based records and microfilm tax rolls and Fire Department Incident Reports, and WHEREAS, the City of Ithaca has submitted two grant applications for the 2004-2005 LGRMIF to consolidate and automate City Cemetery records, and microfilm payroll records, and WHEREAS, there is much more work to be accomplished in the City, County and other local governments in New York State, where the needs will continue as the volume of records increase, and information technologies present new challenges; now, therefore, be it RESOLVED, That the Common Council of the City of Ithaca fully supports the perpetuation of the Local Government Records Management Improvement Fund through the elimination of its sunset provision, and supports its continued administration by the New York State Archives and Records Administration of the New York State Education Department, and be it further RESOLVED, That the City Clerk be directed to forward copies of this Resolution to its State legislators, and to the Governor of the State of New York. Carried Unanimously 8.3 City Chamberlain – Approval of Tax Penalty Waiver Request By Alderperson Berry : Seconded by Alderperson Coles WHEREAS, the property owner of 245-247 Cherry Street has submitted evidence that a payment for the installment taxes was lost in the mail; now, therefore, be it RESOLVED, That pursuant to the guidelines set forth by Common Council on June 6, 2001, the penalty on the installment taxes be waived. Carried Unanimously May 5, 2004 5 8.4 City Chamberlain – Approval of Tax Penalty Waiver Request By Alderperson Berry: Seconded by Alderperson Coles WHEREAS, the property owner of 111 Monroe Street and 120 Lake Avenue has submitted documentation that shows the taxes were unable to be paid due to a hospital stay; now, therefore, be it RESOLVED, That pursuant to the guidelines set forth by Common Council on June 6, 2001, the penalty on the installment taxes be waived. Carried Unanimously 8.5 City Chamberlain – Denial of Request for Waiver of Penalty on Taxes By Alderperson Berry: Seconded by Alderperson Coles WHEREAS, the property owner of 101 Brandon Place has requested a waiver of penalty on 2nd installment of 2002 City taxes because he did not receive the tax bill; now, therefore, be it RESOLVED, That pursuant to the guidelines set forth by Common Council on June 6, 2001, the request to waive the penalty is denied. Carried Unanimously 8.7 City Chamberlain – Denial of Request for Waiver of Penalty on Taxes By Alderperson Berry: Seconded by Alderperson Coles WHEREAS, the property owner of 321 Dryden Road has requested a waiver of penalty on 1st installment of 2004 City taxes because only the County bill was paid; now, therefore, be it RESOLVED, That pursuant to the guidelines set forth by Common Council on June 6, 2001, the request to waive the penalty is denied. Carried Unanimously 8.8 City Chamberlain – Denial of Request for Waiver of Penalty on Taxes By Alderperson Berry: Seconded by Alderperson Coles WHEREAS, the property owner of 916 Stewart Avenue has requested a waiver of penalty on School Taxes because the owner moved out of state and did not pay the taxes due; now, therefore, be it RESOLVED, That pursuant to the guidelines set forth by Common Council on June 6, 2001, the request to waive the penalty is denied. Carried Unanimously 8.9 DPW/Water & Sewer – Request to Approve a Headworks Loading Study at Ithaca Area Wastewater Treatment Plant By Alderperson Berry: Seconded by Alderperson Coles WHEREAS, the Ithaca Area Wastewater Facility is required by the Environmental Protection Agency (EPA) to do a headworks loading analysis of its service area and process every five years to determine the concentration of a range of pollutants that can be discharged into the collection system and treated by the wastewater treatment plant process, and WHEREAS, the Wastewater Facility is overdue in its need to perform the headworks loading analysis to satisfy the EPA requirement, and WHEREAS, the study simultaneously can determine the appropriateness of establishing an industrial wastewater discharge permit for Cornell University for discharge at the Ithaca Area Wastewater Facility, and WHEREAS, the contract for services provided shall include the following: 1. Data collection and review 2. Calculate maximum allowable headworks loading 3. Calculate local limits 4. Prepare summary report and, May 5, 2004 6 WHEREAS, Blasland Bouck & Lee, Inc. has submitted an acceptable proposal at a cost of $18,579 to provide a scope of activities to satisfy EPA requirements similar to the last study, which they satisfactorily completed, and also assist staff in assessing requirements for possible discharge permitting of Cornell University; now, therefore, be it RESOLVED, That Common Council hereby approves the engagement in an engineering agreement with Blasland Bouck & Lee to perform a headworks study and items related thereto for industrial pre-treatment permits at a cost not to exceed $18,579 as already authorized by the Special Joint Committee, and be it further RESOLVED, That the Superintendent of Public Works is hereby authorized to sign said engineering agreement, and be it further RESOLVED, That the funds necessary for said study shall be derived from existing 2004 Joint Activity budget amounts. Carried Unanimously 9. COMMUNITY SERVICES COMMITTEE: 9.1 Support of the Tompkins Consolidated Area Transit (TCAT) Reorganization - Resolution By Alderperson Whitmore: Seconded by Alderperson Cogan WHEREAS, Tompkins Consolidated Area Transit (TCAT) with the participation of many stakeholders, developed a Strategic Plan in 2002 that had as its top priority “establishment of a single employer for everyone working at TCAT,” and WHEREAS, the Strategic Plan was adopted by the TCAT Board in October of 2002 with efforts begun immediately to effect a changeover to a single organization structure, and WHEREAS, these efforts included working with legal counsel representing each of the three partners – City of Ithaca, Tompkins County and Cornell University – to review and evaluate various models including a State Authority, a municipal department of City or County government, the metropolitan planning organization model employed by the Ithaca-Tompkins County Transportation Council (ITCTC), a Local Authority/Public Benefit Corporation (PBC), and a 501(c)(3) private non-profit corporation, and WHEREAS, after much review and deliberation, the Local Authority/PBC was identified as the most appropriate structure for TCAT and the Tompkins County community, and WHEREAS, recognizing that proposed changes in organizational structure present issues for employees with different union affiliations, discussions are being held with union leadership at the state and local levels to identify specifics to be included in LA/PBC legislation that would allow the legislation to move forward with union support, and WHEREAS, legislation to establish a Local Authority/PBC for the purpose of delivering transit services in Tompkins County will be submitted to the State Legislature and the Governor’s Office with a request to expedite the passage of the legislation, and WHEREAS, the unresolved issue of organizational structure has caused the Public Transportation Safety Board (PTSB) to reject TCAT’s System Safety Program Plan (SSPP) having determined that the Plan, which is acceptable in all other particulars, cannot be effectively implemented under the current multi-employer status and directing “that TCAT take action to modify its organizational structure to establish a single entity with a management structure, reporting lines and systems of accountability designed to support the organization’s mission of delivering safe transit services to the community”, and WHEREAS, by written notification dated 26 March 2004 to the Chief Executive Officers of the three partners, the NYS Commissioner of Transportation has stated that “Pursuant to Transportation Law Section 17-b(3), Tompkins County is hereby notified that it has ninety (90) days to resolve the deficiencies in TCAT’s SSPP. As an May 5, 2004 7 acceptable SSPP is a prerequisite to the receipt of STOA (State Transit Operating Assistance), failure to resolve this matter immediately will jeopardize future STOA payments to the County, which currently are approximately $2 million annually,” now therefore be it RESOLVED, That the Common Council urges representatives from the TCAT partners to meet with local and state representatives from the United Auto Workers (UAW) and the Civil Service Employees Association (CSEA) as soon as possible to ensure union input in the discussion of a Public Benefit Corporation which addresses issues raised by the unions and the TCAT partners, including operational and safety concerns, and be it further RESOLVED, That the Common Council urges the State Legislature and the Governor’s Office to act swiftly when the legislation is submitted to enact the PBC legislation that would remove this impediment to approval of the TCAT SSPP and allow the Commissioner of Transportation to continue award of STOA payments to the County. Discussion followed on the floor with Alderperson Whitmore explaining the history of the TCAT strategic plan and reorganization process. Alderperson Tomlan inquired as to the status of the legislation, and whether Council would have an opportunity to vote on the framework of authority. City Attorney Luster responded that this legislation does not require Home Rule Legislation, so any changes to the legislation should be made before the State Legislators vote on it. Further discussion followed on the floor regarding the membership of the Public Benefit Corporation Board. Mayor Peterson stated that the membership would remain the same, 3 representatives from the City, 3 representatives from the County, and three representatives from Cornell. A vote on the Resolution resulted as follows: Carried Unanimously 9.2 Intent to Form a Non-Profit Corporation for the Delivery of Transit Services in Tompkins County - Resolution By Alderperson Whitmore: Seconded by Alderperson Coles WHEREAS, every effort is being expended to convert Tompkins Consolidated Area Transit (TCAT) into a Local Authority/Public Benefit Corporation (PBC), and WHEREAS, these efforts may prove unsuccessful, and WHEREAS, it is essential that TCAT be reorganized to establish a single employer structure, now therefore be it RESOLVED, That the TCAT Board of Directors is encouraged to take all necessary steps while the legislative process is underway in Albany to establish a 501(c)(3) non- profit corporation for the delivery of transit services in Tompkins County as a contingency plan in the event the legislative initiative fails. Alderperson Zumoff spoke in opposition of this Resolution as he has concerns regarding the 501(c)(3) status. Extensive discussion followed on the floor regarding the reorganization of unions, and Cornell’s support of a Public Benefit Corp. Motion to Table to June Common Council Meeting: By Alderperson Zumoff: Seconded by Alderperson Berry RESOLVED, That this resolution be tabled until the June 2, 2004 Common Council Meeting. May 5, 2004 8 Discussion followed on the floor regarding the risk of losing STOA funding and the possibility of an amendment requiring that the actual establishment of a 501(c)(3) be voted on by Common Council. A vote on the Motion to Table resulted as follows: Ayes (3) Berry, Zumoff, Tomlan Nays (6) Whitmore, Taylor, Townsend, Cogan, Coles, Mackesey Failed Main Motion: A vote on the Main Motion resulted as follows: Ayes (6) Whitmore, Taylor, Townsend, Cogan, Coles, Mackesey Nays (3) Berry, Zumoff, Tomlan Carried Race and Racism Report: Alderperson Whitmore reported that the Community Services Committee heard very powerful discussions and good suggestions to address racism in our community. He stated that the next meeting would include discussions on what the next steps are, and the drafting of a Resolution denouncing racist vandalism. Alderperson Berry reported that the City Administration Committee also conducted discussions regarding race and racism as it pertains to competitive bidding regulations, the city’s Diversity Plan, and Civil Service community outreach as a way to prepare people to be successful when taking civil service exams. Alderperson Berry further encouraged all of the committee chairs to begin discussions on race and racism as it is appropriate to their committees. GOVERNANCE COMMITTEE: 10.1 Approval of the Revised Annual Disclosure Form – Resolution By Alderperson Mackesey: Seconded by Alderperson Townsend WHEREAS, a sub-committee of Common Council was formed to review and revise the Annual Disclosure Form filed annually by elected officials, and WHEREAS, the sub-committee sought input from the Tompkins County Ethics Committee, the City Attorney, the City Clerk, and concerned citizens through a series of public meetings, and WHEREAS, significant revisions have been made to the original disclosure form to facilitate complete disclosure of potential conflicts of interest; now, therefore, be it RESOLVED, That Common Council hereby approves the use of the revised Annual Disclosure Form dated May, 2004, and, be it further RESOLVED, That Common Council use this revised form to update their disclosure forms filed in February of 2004. Amending Resolution: By Alderperson Mackesey: Seconded by Alderperson Coles RESOLVED, That the language regarding “Alliances/ Allegiances” be added back into the Annual Disclosure Form. Extensive discussion followed on the floor regarding the Cornell University Commitment Policy. Alderperson Taylor disclosed that he is a temporary service employee for Cornell University for the summer season. Alderperson Berry disclosed that she is an Alumna of Cornell and teaches summer college courses there. May 5, 2004 9 Alderpersons Taylor, and Zumoff spoke in opposition to the Amendment, as they did not feel the language was needed. Alderperson Coles spoke in favor of the Amendment, as she believes that disclosure is important. Motion to Call the Question: By Alderperson Whitmore: Seconded by Alderperson Townsend RESOLVED, That the Question be called on the Amending Resolution. Carried Unanimously A vote on the Amending Resolution resulted as follows: Ayes (4) Berry, Mackesey, Coles, Cogan Nays (5) Whitmore, Tomlan, Zumoff, Taylor, Townsend Failed Main Motion: A vote on the Main Motion resulted as follows: Carried Unanimously The Annual Disclosure Form as adopted, is as follows: ANNUAL STATEMENT OF FINANCIAL DISCLOSURE CITY OF ITHACA, NEW YORK For Year : 20 Directions: This form must be completed in its entirety and submitted to the City Clerk by February 1st of each year, regardless of whether there have been any changes in your financial information. Do not leave any spaces blank. Please indicate with a “N/A” only if the section is not applicable to you. If you require more space to provide information, please attach additional sheets as necessary. Please consult with the City Attorney if you have any questions regarding the completion of this form. 1. Please provide your name, address and position with the City of Ithaca. _ Last Name First Name Middle Initial City Title City Department Residential Address Daytime Telephone E-Mail Address 2. Please provide the name of your spouse, domestic partner, adult dependents, or adult H/M. When used in this statement, “H/M” shall mean other household members who reside with you and who intend to reside with you for the foreseeable future, and to whom you are committed to mutual care and support. When used in this statement, Domestic Partner shall mean a person defined as a domestic partner pursuant to Chapter 215, Article IV, of the City of Ithaca Municipal Code. _ Spouse/Partner Last Name First Name Middle Initial _ Last Name First Name Middle Initial Last Name First Name Middle Initial _ Last Name First Name Middle Initial _ Last Name First Name Middle Initial May 5, 2004 10 3. Financial Interests: A. Outside Employment: Please state any other employment, occupation, trade, business, office or business title or profession held by you, your spouse, domestic partner, adult dependents, or H/M. Please indicate whether such activity is licensed or regulated by any local agency. Name of Business/ Regulated by If yes, nature of You Spouse/Partner H/M Occupation Activity local agency regulation (Check which applies) Yes No ___ ____ ____ ___ ______ ___ ___ ___ _______ ____ ___ ______ ___ ___ ___ _______ ____ ___ ______ ___ ___ ___ _______ ____ _ ______ ___ ___ B. Leave of Absence: Are you on leave, paid or unpaid, from any business or organization? Yes No If yes, please identify the business or organization: C. Associations and Organizations: Please list any position that you hold in any proprietary or not-for-profit association, organization, or political party as an officer, decision or policy maker, whether you received monetary compensation or not. This includes honorary positions, self-appointed positions, and positions held by virtue of your municipal position. This excludes general membership and liaison roles where you have no decision or policy-making authority. __ _____ Organization Position Held Date(s) Held _ Organization Position Held Date(s) Held Organization Position Held Date(s) Held _ Organization Position Held Date(s) Held D. Real Estate: List the location of all real estate in or within five (5) miles of Tompkins County that is owned in whole or in part by you, your spouse, domestic partner, adult dependents, or H/M. _ Property Address Owned by _ Property Address Owned by E. Business Connections: Please indicate if you, your spouse, domestic partner, adult dependents, or H/M, are involved in any profit-making or non-profit enterprise not previously disclosed, which has a business connection, including contracts, with the City of Ithaca: (Please describe the principal activities and nature of the connection or contract with the city.) _ F. DBA (Doing Business As) Do you or anyone in your household have a current DBA, or ownership in a corporation that has a DBA in Tompkins County? Yes No May 5, 2004 11 If yes, please provide the DBA name(s) and the owner: G. Investments and other assets: You may exclude Mutual Funds and Blind Trusts from this section. Please itemize and describe all investments (e.g. capital stock, bonds, IRA, trusts, etc.), which you, your spouse, domestic partner, adult dependents, or H/M hold in any business, corporation, or partnership as a majority owner or a significant interest (5% or more). H. Loans: List any outstanding loans payable or receivable over $1,000 involving people who live, work or own property in Tompkins county, excluding established financial institutions and family members. Amount of Loan Purpose of Loan Lender or Recipient Amount of Loan Purpose of Loan Lender or Recipient I. Gifts: List any personal gifts and who gave them received by you, your spouse, domestic partner, adult dependents, or H/M during the last 3 years from people who live, work or own property in Tompkins County, of a value greater than $1,000, other than from a relative: Gift Received from Gift Received from 4. Other Information: A. To the best of your knowledge are you or anyone in your household involved in any organization or activity or holding any asset, excluding those listed above, that could be a conflict of interest in performing the duties of your city position? Yes No If yes, please explain: B. Do you have any holdings, assets, or property held under any other name? Yes No Please explain: 5. Certification: I certify that the responses herein are true and I understand that any willful misstatement constitutes a violation of the City of Ithaca Municipal Code and subjects me to penalties provided in Section 55.12 of the City Code. Signature Date 05/04 May 5, 2004 12 RECESS: Common Council recessed for 10 minutes at 9:25 p.m. RECONVENE: Common Council reconvened into Regular Session at 9:35 p.m. 11. PLANNING, NEIGHBORHOODS & ECONOMIC DEVELOPMENT COMMITTEE: 11.1 2004-2008 Consolidated Plan Adoption - US Department of Housing and Urban Development (HUD) Entitlement Program - Resolution By Alderperson Tomlan: Seconded by Alderperson Townsend WHEREAS, in the Fall of 2003, the US Department of Housing and Urban Development notified the City that it qualified as an ‘Entitlement Community’ and that it would be receiving an annual allocation of HUD funds through the Community Development Block Grant Program (CDBG), and WHEREAS, in order to access these funds, the City was required to undertake a public input process and prepare a Consolidated Plan which identifies priority community development needs for the City of Ithaca, and WHEREAS, at their December 3, 2003 meeting the Common Council designated the Ithaca Urban Renewal Agency (IURA) as the Lead Agency to develop and administer the Consolidated Plan on behalf of the City, and WHEREAS, the Consolidated Plan may only be adopted by the Common Council after it has undergone a 30-day public comment period and been the subject of two public hearings, and WHEREAS, the first public hearing was held before the IURA on March 25, 2004, and WHEREAS, following a citizen participation process to gain public input in identifying priority community development needs, the IURA issued a draft 2004-2008 Consolidated Plan for a 30-day public comment period that ended on April 30, 2004, and WHEREAS, on May 3, 2004 the IURA reviewed public comments received on the draft Consolidated Plan and adopted the 2004-2008 Consolidated Plan, dated May 3, 2004, and further recommended its adoption by the Common Council, and WHEREAS, the second public hearing was held before the Common Council on May 5, 2004, and WHEREAS, the adopted Consolidated Plan must be received by HUD by May 16, 2004 or the City will forfeit this year’s allocation of funds, which total $1,577,669.00, and WHEREAS, at their April 21, 2004 meeting the Planning, Neighborhoods and Economic Development Committee forwarded the draft Consolidated Plan to the Common Council for action, now, therefore, be it RESOLVED, That the City of Ithaca Common Council hereby adopts the IURA- recommended FY 2004-2008 Consolidated Plan, dated May 3, 2004, and be it further RESOLVED, That the Common Council authorizes the Mayor, subject to review by the City Attorney, to execute certifications and any other documents necessary to submit the Consolidated Plan to HUD. Amending Resolution: By Alderperson Tomlan: Seconded by Alderperson Townsend RESOLVED, That the last Whereas Clause be moved to become the 7th Whereas Clause, and, be it further RESOLVED, That the following language be added as the 10th Whereas Clause: May 5, 2004 13 “Whereas, the Common Council has considered the input from that public hearing, and”, and, be it further RESOLVED, That the 1st Resolved Clause be amended to read as follows: “RESOLVED, That the City of Ithaca Common Council hereby adopts the IURA- recommended FY 2004-2008 Consolidated Plan, dated May 5, 2004, and be it further” Discussion followed on the floor with Alderperson Zumoff commending the IURA for the monumental amount of work they completed in a short amount of time. A vote on the Amending Resolution resulted as follows: Carried Unanimously Main Motion as Amended: A vote on the Main Motion as Amended resulted as follows: Carried Unanimously 11.2 FY2004 Action Plan Adoption - US Department of Housing & Urban Development (HUD) Entitlement Program - Resolution By Alderperson Tomlan: Seconded by Alderperson Coles WHEREAS, in September 2003 the City of Ithaca was advised by the U.S. Department of Housing and Urban Development that as the principal city of a newly recognized metropolitan statistical area the City would likely be eligible to receive an annual formula grant award through the HUD Entitlement program beginning in FY 2004, and WHEREAS, on February 17, 2004 HUD formally notified the City of Ithaca that it was eligible to receive the following FY 2004 allocations through the HUD Entitlement program: $ 976,000.00Community Development Block Grant (CDBG) $ 601,669.00HOME Investment Partnerships $1,577,669.00Total, and WHEREAS, on December 3, 2003 the Common Council designated the Ithaca Urban Renewal Agency (IURA) as the Lead Agency to develop and administer the Consolidated Plan to enable the City to be eligible to receive HUD Entitlement program funding on an annual basis, and WHEREAS, on February 4, 2004 the Common Council adopted comprehensive revisions to the Citizen Participation Plan to comply with HUD Entitlement program requirements, and WHEREAS, receipt of FY 2004 funding is contingent upon Common Council adoption, and submission to HUD, of a multi-year Consolidated Plan and an annual Action Plan by May 16, 2004, and WHEREAS, the Action Plan identifies the specific list of budgeted activities to be funded from FY 2004 HUD Entitlement funds, and WHEREAS, the City recognizes the need to support efforts to promote neighborhood revitalization through provision of quality, affordable housing, creation of employment opportunities, improvement of public and neighborhood facilities and public services that principally benefit Ithaca’s low- and moderate-income population or eliminate blighting conditions, and WHEREAS, the IURA solicited funding proposals on January 26, 2004 from citizens, for-profit and not-for-profit organizations and received 63 proposals, and WHEREAS, in compliance with the Citizen Participation Plan, the IURA held an initial public hearing to gain public input on formulation of the draft Action Plan on March 25, 2004, and May 5, 2004 14 WHEREAS, the IURA evaluated the funding proposals within the context of the goals and objectives contained in the draft Consolidated Plan and the selection criteria contained in the Citizen Participation Plan at meetings held in 2004 on March 25th, March 29th, April 1st and April 16th, and WHEREAS, a second public hearing has been duly advertised for May 5, 2004 before the Common Council to provide the public with an opportunity to comment on the IURA- recommended Action Plan, and WHEREAS, at their April 21, 2004 meeting, the Planning, Neighborhoods and Economic Development Committee forwarded the IURA-recommended Action Plan to the Common Council for action, now, therefore be it RESOLVED, That the City of Ithaca Common Council hereby adopts the attached IURA- recommended FY 2004 Action Plan, dated April 22, 2004, and be it further RESOLVED, That should the IURA determine that any of the activities included in the Action Plan encounter unforeseen feasibility issues that would hinder their timely completion or adversely affect their eligibility prior to May 16, 2004, the Common Council authorizes the IURA to make adjustments in the application to resolve feasibility and eligibility concerns, and be it further, RESOLVED, That the City of Ithaca Community Development Urban Renewal Plan shall be amended to include activities funded in the adopted FY 2004 Action Plan, and be it further RESOLVED, That the Common Council authorizes the Mayor, subject to review by the City Attorney, to execute certifications and any other documents necessary to submit the Action Plan to HUD. Amending Resolution: By Alderperson Tomlan: Seconded by Alderperson Mackesey RESOLVED, That the last Whereas Clause be moved to become the 11th Whereas Clause, and be it further RESOLVED, That the following language be added as the last Whereas Clause: “WHEREAS, the Common Council has discussed the input from that public hearing; now, therefore, be it” Discussion followed on the floor regarding the concerns raised by the Mutual Housing Association residents, and community policing funding. A vote on the Amending Resolution resulted as follows: Carried Unanimously Main Motion as Amended: A vote on the Main Motion as Amended resulted as follows: Carried Unanimously 11.3 Minor Program Amendment to Direct Surplus Community Development Block Grant (CDBG) Funds to the Inlet Island Promenade Activity - Resolution By Alderperson Tomlan: Seconded by Alderperson Coles WHEREAS, the third-year increment of the 1996 multi-year Community Development Block Grant (CDBG) award to the City of Ithaca included $350,000 for the West End/West State Street corridor rental housing loan program (RHLP) activity to rehabilitate 28 substandard rental units, and WHEREAS, 33 rental units have been completed to date, thereby exceeding the program goals, and May 5, 2004 15 WHEREAS, the West State/West End Rental Housing Loan Program (activity 1.3 1996 Year #3 CDBG) has a remaining surplus of $42,000, and WHEREAS, a continued funding shortfall exists for completing Phase I of the Inlet Island Promenade project in support of economic development, and WHEREAS, surplus 1998 CDBG funds must be expended by September 2005, and WHEREAS, the third-year increment of the 1996 multi-year CDBG grant award included other programmed activities in support of economic development and HUD has determined that surplus RHLP funds can be transferred to the Inlet Island promenade activity without further HUD approval, and WHEREAS, at their March 25, 2004 meeting the Ithaca Urban Renewal Agency (IURA) approved a minor program amendment to redirect $42,000 of surplus funds from the West State/West End Rental Housing Loan Program to the Inlet Island Promenade activity in support of economic development, subject to Common Council endorsement, now therefore be it RESOLVED, That the Common Council hereby endorses the IURA's approval of a budget revision to redirect $42,000 of surplus 1998 CDBG funds from the West State/West End Rental Housing Loan Program activity to the Inlet Island Promenade activity in support of economic development. Carried Unanimously 11.4 Taughannock Boulevard Extension Study - Resolution By Alderperson Tomlan: Seconded by Alderperson Cogan WHEREAS a study directed toward developing transportation improvements in the southwest area of the city, known as the Taughannock Boulevard Extension Study, was approved by the Board of Public Works on January 14, 2004, at a cost not to exceed $300,000, and WHEREAS it had been anticipated that any city expenditures for this capital project study would be reimbursable by Transportation Improvement Program (TIP) funding, and WHEREAS Common Council has since learned that the costs of the projected study would not be reimbursable with TIP funds unless it had been previously approved as a project on the TIP, and WHEREAS this study is not now on the TIP, and WHEREAS applications for TIP funding are due in January 2005, with approvals scheduled for May 2005 for project execution in 2006/2007, and WHEREAS Common Council seeks to identify interim measures to mitigate traffic congestion in the Southwest Area, including residential areas east of Meadow Street that are impacted by increased and increasing traffic volume, and WHEREAS Common Council wishes to undertake a broader study of transportation improvement options in the Southwest Area, to be funded through the TIP, and WHEREAS Common Council believes that it is desirable to consider the use of the city- owned parcel in the Southwest Area concurrent with any investigation of transportation improvement alternatives, now therefore be it RESOLVED, That Common Council requests that the Superintendent and Board of Public Works not proceed with the approved contract, and be it further RESOLVED, That Common Council directs staff in the Department of Planning and Development and the Department of Public Works to jointly develop proposals for an access management study to be performed as soon as possible, and be it further May 5, 2004 16 RESOLVED, That Common Council directs staff to develop proposals for a broader transportation improvement study of the southwest area of the city to be submitted to the TIP by the end of 2004, and be it further RESOLVED, That Common Council directs staff to develop recommendations for studying the use of city-owned land in the Southwest Area, and to bring those recommendations back to Common Council for further action. Carried Unanimously 11.5 Removal of City-Owned Surplus Property from May City/County Auction - Resolution By Alderperson Tomlan: Seconded by Alderperson Mackesey WHEREAS Common Council at its April 7, 2004, meeting directed that three city-owned surplus properties, being Parcels #116.-1-3 and #47.-4-15 and approximately .17 acres in the city-owned right-of-way on Giles Street, be sold at the May City/County Auction, and WHEREAS further investigation has revealed that Parcel 47.-4-15 is not appropriate for sale, and WHEREAS Common Council wishes to remove Parcel 47.-4-15 from this sale, now therefore be it RESOLVED, That Common Council repeals the resolution to sell the three parcels, and be it further RESOLVED, That Common Council directs that two city-owned surplus properties, Parcel #116.-1-3 and approximately .17 acres in the city-owned right-of-way on Giles Street, be sold at the May City/County Auction, and be it further RESOLVED, That Common Council authorizes that the payment of a $100 fee for the removal of Parcel #47.-4-15 be made from the proceeds of the sale of the other two parcels, and be it further RESOLVED, That the Mayor be and hereby is authorized to execute any and all instruments necessary to carry out these sales by quit-claim deed. Alderperson Tomlan explained the history of the Resolution and the concerns expressed regarding Parcel 47.-4-15 including the deep slope of the hill and the proximity of the parcel to an adjacent property. She further reported that the Planning Board has recommended that this parcel not be sold. Amending Resolution: By Alderperson Zumoff: Seconded by RESOLVED, That the 2nd Whereas Clause be amended to read as follows: “WHEREAS, further investigation has revealed that Parcel 47.-4-15 is not appropriate for sale at this time, and” This motion failed for the lack of a Second. A vote on the Main Motion resulted as follows: Ayes (8) Coles, Mackesey, Whitmore, Berry, Tomlan, Taylor, Townsend, Cogan Nays (1) Zumoff Carried CITY ADMINISTRATION COMMITTEE: 12.1 Controller – Request to Approve 2002 Single Audit By Alderperson Berry: Seconded by Alderperson Whitmore RESOLVED, That the Single Audit Report for the period of January 1, 2002 through December 31, 2002, prepared by the accounting firm of Ciaschi, Dietershagen, Little May 5, 2004 17 and Mickelson, C.P.A.’s, be accepted to comply with all of the City’s applicable Federal Single Audit and related Audit Requirements. Carried Unanimously 12.2 DPW – Approval of Amendment to New York State Arterial Maintenance Agreement By Alderperson Berry: Seconded by Alderperson Townsend WHEREAS, the state of New York and the City of Ithaca entered into an agreement to make improvements to State Route 96 within the City of Ithaca as well as improvements to its connections with State Route 13/34, 79 and 89 within the City, and WHEREAS, the state agreed to take over major portions of these improvements as part of the new State Arterial Highway System as described in the Maintenance Jurisdiction Table (MJ1-MJ3) of the State’s Route 96 Improvements contract drawings and approved by Common Council in their resolution November 2, 1994, and WHEREAS, the NYS Department of Transportation has forwarded a draft supplemental agreement covering these changes which result in additional arterial highways within the city and additional payments to the city by the state for the performance of maintenance and repair functions, and WHEREAS, the amendment will result in the addition of approximately 34,050 square yards of maintenance area and an additional 2,960 square yards of elevated structures will add approximately $29,200 to the city’s annual reimbursement, currently at $98,134, for maintenance at current reimbursement rates; now, therefore, be it RESOLVED, The supplemental agreement for maintenance and repair of State Arterial Highways passing through the City of Ithaca covering work done under NYSDOT’s Route 96 Improvements (PIN 3074,04) is hereby approved and that the Mayor is authorized to sign the agreement. Carried Unanimously 8.6 City Chamberlain – Approval of Tax Penalty Waiver Request By Alderperson Berry: Seconded by Alderperson Cogan WHEREAS, the property owner of 414 Utica Street has requested a waiver of penalty on 1st installment of 2003 City taxes because the incorrect amount was paid; now, therefore, be it RESOLVED, That due to the extenuating circumstances not addressed by the guidelines set forth by Common Council on June 6, 2001, the request to waive the penalty is approved. Discussion followed on the floor regarding the fact that this case does not fit the current guidelines. A vote on the Resolution resulted as follows: Carried Unanimously 12.3 Motion to Enter into Executive Session to Discuss Labor Negotiations By Alderperson Berry: Seconded by Alderperson Townsend RESOLVED, That Common Council enter into Executive Session to discuss labor negotiations. Carried Unanimously Reconvene: Common Council reconvened into Regular Session with no formal action taken. May 5, 2004 18 Motion to Extend Meeting to 11:15 p.m. By Alderperson Whitmore: Seconded by Alderperson Cogan RESOLVED, That the Common Council meeting be extended to 11:15 p.m. Ayes (8) Coles, Mackesey, Whitmore, Berry, Zumoff, Taylor, Townsend, Cogan Nays (1) Tomlan Carried 13. REPORT OF SPECIAL COMMITTEES: City Administration Sub-Committee on Health Insurance Rates Alderperson Berry reported that Alderperson Coles is chairing a sub-committee to review health insurance rates. The Human Resources Department will be hosting a forum for retirees to ask questions related to proposed increases in their health insurance contributions. The forum is scheduled for June 1, 2004 from 2:00 pm – 4:00 pm in Common Council Chambers. Inter-municipal Benefit Group Alderperson Coles reported that a County group is investigating a prescription drug plan for Tompkins County residents. Meetings to discuss this topic have been scheduled for May 12, 2004 and June 9, 2004 at 11:30 am in the Old Jail Conference Room. 14. NEW BUSINESS: 14.1 Support of Health Care Coverage for the Uninsured - Resolution By Alderperson Coles: Seconded by Alderperson Mackesey WHEREAS, the United States has the most expensive health care system in the world in terms of absolute costs, per capita costs, and percentage of gross domestic product (GDP); and WHEREAS, despite being first in spending, the United States has been ranked by the World Health Organization as 37th among all nations in terms of meeting the health care needs of its people; and WHEREAS, 44 million Americans, including 8 million children, are currently uninsured, and WHEREAS, tens of millions more Americans are inadequately insured, including Medicare beneficiaries who lack access to prescription drug coverage and long term care coverage; and WHEREAS, racial, income, and ethnic disparities in access to health care threaten communities across the country, particularly communities of color; and WHEREAS, health care costs continue to increase, jeopardizing the health security of working families and small businesses and increasing the cost of local government; and WHEREAS, dollars that could be spent on health care are being used for administrative costs instead of patient needs; and WHEREAS, the current health care system is a significant barrier to the growth of our economy, and significantly damages the quality of life of the citizens of the City of Ithaca. WHEREAS, the Robert Wood Johnson Foundation has announced that May 10-16, 2004 is national “Cover the Uninsured Week,” and WHEREAS, former Presidents Gerald Ford and Jimmy Carter, and former Surgeons General and Secretaries of the Department of Health and Human Services call upon the country to provide adequate health care services to all Americans, now therefore be it RESOLVED, That the City of Ithaca’s Mayor and Common Council call upon the House of Representatives and the Senate to enact legislation to guarantee that every person in May 5, 2004 19 the United States has access to health care, regardless of income, age, or employment or health status, and be it further RESOLVED, That copies of this resolution be sent to Senators Clinton and Schumer, and Congress members Boehlert, Hinchey and Houghton. Discussion followed on the floor with Alderperson Tomlan stating that while she supports the goals expressed in the Resolution, she is uneasy with the language. Alderperson Coles reported that the Tompkins County Legislature recently passed a similar Resolution. A vote on the Resolution resulted as follows: Ayes (8) Berry, Whitmore, Cogan, Zumoff, Taylor, Townsend, Coles, Mackesey Nays (1) Tomlan Carried 16. MAYOR’S APPOINTMENTS: Upon the request of Common Council members, these appointments were moved as a single Resolution. Affirmative Action Committee: By Alderperson Whitmore: Seconded by Alderperson Cogan RESOLVED, That Lynette Chappell-Williams be appointed to the Affirmative Action Committee to fill a vacancy with term to expire on December 31, 2004, and be it further Bicycle Pedestrian Advisory Council: RESOLVED, That Judith M. Swann be appointed to the Bicycle Pedestrian Advisory Council to fill a vacancy with a term to expire on December 31, 2005, and, be it further Conservation Advisory Council: RESOLVED, That Glynn Morgan Bebee be appointed to the Conservation Advisory Council to fill a vacancy with a term to expire on December 31, 2007, and, be it further Examining Board of Electricians: RESOLVED, That Robert Sparks be appointed to the Examining Board of Electricians to fill a vacancy with a term to expire December 31, 2004, and, be it further Natural Areas Commission: RESOLVED, That Elizabeth Mulholland be reappointed to the Natural Areas Commission with a term to expire on December 31, 2006, and, be it further Pegasys Oversight Committee: RESOLVED, That Will Burbank be appointed to the Pegasys Oversight Committee as the representative from the Town of Ithaca with a term to expire on December 31, 2004, and, be it further RESOLVED, That Daniel Cogan be appointed to the Pegasys Oversight Committee with a term to expire on December 31, 2006, and, be it further RESOLVED, That Wies Van Leuken be appointed to the Pegasys Oversight Committee with a term to expire on December 31, 2005, and, be it further Rental Housing Advisory Committee: RESOLVED, That David C. Breeden be appointed to the Rental Housing Advisory Committee to fill a vacancy with a term to expire on December 31, 2005, and, be it further May 5, 2004 20 RESOLVED, That Jacqueline Koppell be appointed to the Rental Housing Advisory Committee to fill a vacancy with a term to expire on December 31, 2005, and, be it further RESOLVED, That Jane Schafrick be reappointed to the Rental Housing Advisory Committee with a term to expire on December 31, 2006. Mayor Peterson announced that she has appointed Maureen Kelly as a city appointment to the Tompkins County Youth Bureau Board. She further requested the consideration of the following additional appointments: Shade Tree Advisory Committee: By Alderperson Whitmore: Seconded by Alderperson Zumoff RESOLVED, That Lili Herrera be appointed to the Shade Tree Advisory Committee to fill a vacancy with a term to expire on December 31, 2006, and, be it further Disability Advisory Council: RESOLVED, That Joanie Groome be appointed to the Disability Advisory Council to fill a vacancy with a term to expire on December 31, 2006, and, be it further RESOLVED, That Teresa Battisti-Cole be appointed to the Disability Advisory Council to fill a vacancy with a term to expire December 31, 2006. Carried Unanimously REPORTS OF COMMON COUNCIL LIAISONS: 17.1 Report on Recreation Partnership Alderperson Whitmore reported on the status of 2004 payments from participating municipalities in the Recreation Partnership. He stated that the current city contribution is $51,000, but if Tompkins County discontinues its participation in the Partnership the city’s contribution would increase by $13,000 in 2005. He further noted that the County’s budget process begins in June. MINUTES FROM PREVIOUS MEETINGS: 21.1 Approval of April 7, 2004 Regular Common Council Meeting Minutes By Alderperson Berry: Seconded by Alderperson Zumoff RESOLVED, That the April 7, 2004 Regular Common Council Meeting Minutes be approved as corrected by members of Common Council. Carried Unanimously ADJOURNMENT: On a motion the meeting adjourned at 11:15 p.m. ______________________________ _______________________________ Julie Conley Holcomb, CMC Carolyn K. Peterson, City Clerk Mayor