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HomeMy WebLinkAboutMN-CC-2004-06-02 COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 7:00 p.m. June 2, 2004 PRESENT: Mayor Peterson Alderpersons (10) Coles, Mackesey, Berry, Whitmore, Tomlan, Zumoff, Taylor, Townsend, Cogan, Korherr OTHERS PRESENT: City Clerk – Conley Holcomb City Attorney – Luster City Controller – Thayer Planning and Development Director – Van Cort Economic Development Director – McDonald Community Development Director – Bohn Superintendent of Public Works – Gray Human Resources Director – Michell-Nunn Fire Chief – Wilbur Police Chief – Loo GIAC Director - Fort PLEDGE OF ALLEGIANCE: Mayor Peterson led all present in the Pledge of Allegiance to the American Flag. PROCLAMATIONS/AWARDS: Mayor Peterson proclaimed the month of June, 2004 as Aphasia Awareness Month in the City of Ithaca. SPECIAL ORDER OF BUSINESS: 4.1 A Public Hearing on an Ordinance to Amend Chapter 316 of the City of Ithaca Code Entitled “Vehicles, Recreational” to add an Article III Entitled “Watercraft”. Resolution to Open Public Hearing: By Alderperson Korherr: Seconded by Alderperson Zumoff RESOLVED, That the Public Hearing on an Ordinance to Amend Chapter 316 of the City of Ithaca Code Entitled “Vehicles, Recreational” to add an Article III Entitled “Watercraft” be declared open. Carried Unanimously The following people addressed Common Council: Mary Shelley, City of Ithaca Terrance McGuiness, City of Ithaca Fay Gougakis, City of Ithaca Joel Harlan, Town of Newfield William Myer, Town of Caroline Resolution to Close Public Hearing: By Alderperson Whitmore: Seconded by Alderperson Mackesey RESOLVED, That the Public Hearing on an Ordinance to Amend Chapter 316 of the City of Ithaca Code Entitled “Vehicles, Recreational” to add an Article III Entitled “Watercraft” be declared closed. Carried Unanimously June 2, 2004 2 SPECIAL PRESENTATIONS BEFORE COUNCIL: Tompkins County Legislator Barbara Blanchard addressed Common Council on the following issues: Thank you to Alderperson Coles for regular liaison updates County/City Dispatcher Memorandum of Understanding (MOU) – the County is interested in seeing this consolidation of services move forward Empire Zone designation for Tompkins County The issue of a County Executive has been referred back to committee Communication upgrade project and the NYS wireless network. Public Art Commission: Terry Plater and Susan Blumenthal, members of the Public Art Commission, presented copies of the City of Ithaca Public Art Plan to Common Council. They explained that the goal of the plan was: * To identify and recognize the city’s past efforts and call attention to the city’s existing holdings • To establish a vision and serve as a guide to lay the foundation for a comprehensive program for public art in the city • To help educate the public about the value of public art in the community • To identify critical issues, procedures, and best practices that need to be agreed upon in order to establish a successful program • To present ideas to formulate funding mechanisms to support a public art program in the city • To enhance economic development in the city, helping to attract businesses, employees and tourists to the area The plan also includes acquisition, on-loan, donation programs and funding options for the purchase of public art. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: The following people addressed Common Council: Joel Harlan, Town of Newfield – panhandling, potholes and affordable housing concerns Kenny Ritter, Town of Ithaca – proposed memorial to people who have lost their lives in Iraq Dan Burgevin, Village of Trumansburg – presented a scale model of the proposed memorial to the people who have lost their lives in Iraq Michelle Menter, Town of Newfield – C-Spot involvement in the proposed memorial Rick Livingston-Lackner, Town of Ithaca – Same-gender marriage issues, request for funding for the S.P.A.C.E. program Jackie Nichols, IPD Dispatcher – City/County Dispatcher MOU concerns Linda Holzbaur, Town of Ithaca – Support for Alderperson Townsend, use of city parks and the insurance coverage requirement Neil Oolie, City of Ithaca – Standards of conduct within government Barry Derfel, Town of Ithaca – Support of Alderperson Townsend, diversity issues Jessica Stewart, Town of Ithaca – Support of Alderperson Townsend, Ithaca Catholic Worker Statement on Racism; funding for the Multicultural Resource Center Lisa Guido, City of Ithaca – Support of Alderperson Townsend, IPD training, racism concerns, support for Multicultural Resource Center and Southside Community Center Lynne Jackier, City of Ithaca – Racism concerns, support of Southside Community Center Fay Gougakis, City of Ithaca – Watercraft Ordinance concerns Eric Acree, Town of Ithaca – Support of Multicultural Resource Center funding request Valerie Evans, Town of Ithaca – Racism concerns, support of Alderperson Townsend Todd Sadler, City of Ithaca – Support of Alderperson Townsend Mary Loehr, City of Ithaca – Read a statement from Peter Myers regarding racism and support of Alderperson Townsend; support of Multicultural Resource Center funding Audrey Stewart, City of Ithaca – Support of Alderperson Townsend, racism concerns, Multicultural Resource Center funding Marlo Capoccia, Town of Ithaca – Support of Alderperson Townsend, IPD accountability June 2, 2004 3 Kim Hunsinburg, City of Ithaca – Support of Alderperson Townsend, racism concerns, support of Multicultural Resource Center PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR: Alderperson Townsend thanked all of the supporters that spoke in his defense. He stated that discrimination of all kinds is happening throughout the community and it needs to be addressed. Alderperson Holtham Korherr thanked Ms. Evans for her work in the Boynton School community, and thanked Dispatcher Jackie Nichols for her years of dedicated service to the city and for bringing the Dispatcher MOU issues forward. Alderperson Berry thanked all the speakers for coming out and speaking in defense of Alderperson Townsend. She stated that she has been overwhelmed by Alderperson Townsend’s willingness to open his situation up to include everyone, and that everyone needs to work together to combat discrimination. Alderperson Whitmore recognized how difficult it is to discuss racism, and stated that he was glad that the community was talking about it and was willing to work together to address it. Alderperson Taylor thanked the speakers for their support and stated that actions still need to be taken including an apology being issued by the agencies involved, a speedy release of internal investigation results, the creation of a public committee to address issues of discrimination and to review the procedures of the Ithaca Police Department and other agencies. Alderperson Coles thanked the speakers for addressing racism concerns and the proposed monument for the war in Iraq. Alderperson Cogan thanked the speakers and stated that it was an honor to serve with Alderperson Townsend. He further stated that he appreciates the opportunity that Alderperson Townsend has provided the community to focus attention on the impacts that racism has on the community. Alderperson Tomlan thanked the speakers for their passion, vitality, and diversity in beliefs. Alderperson Mackesey addressed comments about racism and stated that she hoped that changes could be made within the community so that a situation like this does not happen again. Mayor Peterson addressed comments made regarding insurance coverage being required for the use of a city park. She further stated that bringing issues forward is very important to the Mayor, Common Council and city staff so that issues can be worked out. Mayor Peterson further addressed comments made about Alderperson Townsend’s arrest and stated that she has been very impressed with Alderperson Townsend’s actions. She stated that an investigation of the situation has been commenced, and she is awaiting permission to gain access to sealed records. She further stated that a review of Police policies and procedures would be conducted as well. She thanked all of the speakers for coming out to address their concerns. CONSENT AGENDA ITEMS: 8.1 GIAC – Request to Amend Personnel Roster - Resolution By Alderperson Cogan: Seconded by Alderperson Tomlan WHEREAS, as part of the 2004 Budget, two clerical positions at GIAC were restructured to accommodate employee needs, and June 2, 2004 4 WHEREAS, these positions are currently approved as follows: Senior Typist, 35 hrs. Administrative Secretary, 20 hrs. and, WHEREAS, GIAC currently has a need to revert these positions back to the 2003 status, which would restore the Administrative Secretary to 35 hrs. per week and reduce the Senior Typist to 20 hrs. per week; now, therefore, be it RESOLVED, That Common Council hereby amends the GIAC 2004 Authorized Personnel Roster as follows: Delete: One (1) Administrative Secretary, 20 hrs. One (1) Senior Typist, 35 hrs. Add: One (1) Administrative Secretary, 35 hrs. One (1) Senior Typist, 20 hrs. and, be it further RESOLVED, That funding necessary for said personnel roster amendment shall be derived from the existing GIAC 2004 Budget. Carried Unanimously 8.2 Fire Department – Request to Standardize on Radio Equipment - Resolution By Alderperson Cogan: Seconded by Alderperson Tomlan WHEREAS, the Fire Chief has requested to standardize on Motorola radio equipment to be used by the City of Ithaca Fire Department, and to be authorized to purchase approved equipment from the manufacturer, or a representative thereof, and WHEREAS, it is deemed to be in the best interest of the City of Ithaca Fire Department for reasons of efficiency, compatibility and economics to approve such standardization, as more fully spelled out in the following items: 1. The City of Ithaca Fire Department presently has all Motorola radio equipment; 2. The Tompkins County Department of Emergency Response presently has all Motorola console and communications equipment; 3. This action will minimize the inventory of repair parts which would have to be maintained for the service of said radio equipment; 4. Labor costs for maintenance and service of a standard type of equipment will be less than are required to service different types of radio equipment; 5. Training required for use of a standardized type of equipment will be less than are required to train fire department personnel on different types of radio equipment; 6. Present Motorola radio equipment has been satisfactory for the uses of the Ithaca Fire Department; 7. Standardization provides the need for only one service contract and vendor for its entire radio system, whereas additional contractual agreements would be required of other types of equipment; and WHEREAS, the Board of Fire Commissioners adopted a resolution requesting that Common Council authorize the standardization of Motorola as the provider of communication equipment; now, therefore, be it RESOLVED, That pursuant to Section 103, subdivision 5 of General Municipal Law of the State of New York, this Common Council hereby authorizes the standardization of Motorola radio equipment as the type of equipment to be used and purchased by the City of Ithaca Fire Department during the year 2004. Carried Unanimously June 2, 2004 5 8.3 Fire Department – Request to Standardize on Self Contained Breathing Apparatus (SCBA) - Resolution By Alderperson Cogan: Seconded by Alderperson Tomlan WHEREAS, the Fire Chief has requested to standardize on Mine Safety Appliance (MSA) self contained breathing apparatus (SCBA) equipment to be used by the City of Ithaca Fire Department, and to be authorized to purchase approved equipment from the manufacturer, or a representative thereof, and WHEREAS, it is deemed to be in the best interest of the City of Ithaca Fire Department for reasons of efficiency, compatibility and economics to approve such standardization, as more fully spelled out in the following items: 1. The City of Ithaca Fire Department presently has MSA equipment for all primary SCBA; 2. This action will minimize the inventory of repair parts which would have to be maintained for the service of said SCBA equipment; 3. Labor costs for maintenance and service of a standard type of equipment will be less than are required to service different types of SCBA equipment; 4. Training required for use of a standardized type of equipment will be less than are required to train fire department personnel on different types of SCBA equipment; 5. Present MSA SCBA equipment has been satisfactory for the uses of the Ithaca Fire Department; 6. This resolution does not apply to supplied-air respirators (SARs); and WHEREAS, the Board of Fire Commissioners adopted a resolution requesting that Common Council authorize the standardization of MSA as the provider of SCBA equipment; now, therefore, be it RESOLVED, That pursuant to Section 103, subdivision 5 of General Municipal Law of the State of New York, this Common Council hereby authorizes the standardization of MSA SCBA equipment as the type of equipment to be used and purchased by the City of Ithaca Fire Department during the year 2004. Carried Unanimously 8.4 City Chamberlain – Request Approval to Waive Tax Penalty - Resolution By Alderperson Cogan: Seconded by Alderperson Tomlan WHEREAS, a relative of the property owner of 607 W. Court Street has submitted documentation that shows the taxes were unable to be paid due to illness; 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 Human Resources – Request to Release Funds from Restricted Contingency for Living Wage Adjustments - Resolution By Alderperson Cogan: Seconded by Alderperson Tomlan WHEREAS, on April 7, 2004 Common Council authorized $7,275 from Restricted Contingency to cover living wage adjustments to several employees, and WHEREAS, an additional Memorandum of Understanding (MOU) dated April 27, 2004 has been signed to consider the base salary excluding shift differential to determine if an employee is paid the living wage as defined by the Alternatives Federal Credit Union, and WHEREAS, this new MOU affects four additional employees including benefits in the amount of $1,616.00; now therefore, be it RESOLVED, That Common Council hereby authorizes the transfer of an amount not to exceed $1,616.00 from account A1990 Restricted Contingency to the appropriate salary June 2, 2004 6 and benefit accounts as determined by the City Controller for the purposes of adjusting City employees to the current living wage as determined by the Alternatives Federal Credit Union per the signed MOU between the City and the CSEA DPW Unit. Carried Unanimously 8.6 DPW – Request to Amend 2004 Parks and Forestry Budget to Accept USDA Grant and Other Reimbursements - Resolution By Alderperson Cogan: Seconded by Alderperson Tomlan WHEREAS, the City Forester has received or is in the process of receiving several reimbursements from local construction projects for Tree Replacements in the amount of $26,900, and WHEREAS, the City Forester has been notified of a $25,000 Grant from the United States Department of Agriculture (USDA)through the New York State Department of Environmental Conservation for an Inner City Community Forestry Grant, and WHEREAS, these funds will be used for a variety of purposes including; hiring seasonal laborers for park maintenance and projects; parks and city mowing; tree maintenance and staff development; now, therefore, be it RESOLVED, That Common Council hereby amends the DPW Parks and Forestry Budget by an amount not to exceed $51,900 for the purposes of recording project construction reimbursements and grant funds as follows: Increase Revenues Accounts: A7111-2705 Gifts and donations $26,900 A7111-3989 State Aid Home & Community Service 25,000 $51,900 Increase Appropriation Accounts: A7111-5120 Hourly P/T $18,000 A7111-5125 Overtime 1,400 A7111-5435 Contracts 30,000 A7111-5440 Staff Development 500 A7111-9030 FICA/Medicare 1,484 A7111-9040 Workers’ Compensation 516 $51,900 Carried Unanimously 8.7 Resolution Authorizing the signing of a State Contract for an aid to Localities Project, under the Appropriate Laws of New York State - Resolution By Alderperson Cogan: Seconded by Alderperson Tomlan WHEREAS, the City of Ithaca herein called the “Municipality,” after thorough consideration of the various aspects of the problem and study of available date, has hereby determined that certain work, as described in the State Contract, herein called the “Project” is desirable, in the public interest, and is required in order to study and/or implement the local project or program, and WHEREAS, under Chapter 55, Section 1 and 2, of the Laws of 1999 relating to the Local Assistance Budget, the Legislature has authorized financial assistance to localities for services and expenses related to local projects, programs and studies by means of a written agreement, and WHEREAS, the Municipality has examined and duly considered Chapter 55, Section 1 and 2, of the Laws of 1999 relating to the Local Assistance Budget and deems it to be in the public interest and benefit under this law to enter into a contract therewith: June 2, 2004 7 NOW, THEREFORE, BE IT RESOLVED BY COMMON COUNCIL 1. That the Superintendent of Public Works is directed and authorized as the official representative to act in connection with any contracts between the Municipality and the State, and to provide such additional information as required. 2. That one (1) certified copy of this Resolution be prepared and sent to the New York State Department of Environmental Conservation, Albany, New York together with the State Contract. 3. That this Resolution take effect immediately. Carried Unanimously 8.8 DPW – Request to Establish Capital Project Cecil A. Malone Drive Pedestrian Bridge - Resolution By Alderperson Cogan: Seconded by Alderperson Tomlan WHEREAS, the Board of Public Works passed a resolution on November 12, 2003 encouraging Common Council to create a capital project for the installation of a pedestrian bridge at Cecil A. Malone Drive across the flood relief channel, and WHEREAS, the Ithaca Urban Renewal Agency (IURA) has secured funds to finance the installation of the bridge, and WHEREAS, a capital project for the installation would allow the city to proceed with this project and receive reimbursement from IURA; now, therefore, be it RESOLVED, That Common Council hereby establishes Capital Project #478 Cecil A. Malone Pedestrian Bridge in the amount not to exceed $155,000 for the installation of a pedestrian bridge at Cecil A. Malone Drive across the flood relief channel, and be it further RESOLVED, That funding for said bridge project shall be derived from Capital Reserve #4 Bridges with $125,000 reimbursement from the Ithaca Urban Renewal Agency (IURA) for a final City cost of $30,000. Carried Unanimously 8.9 DPW/Water & Sewer – Request Approval of Ithaca Area Wastewater Treatment Plant 2004 Capital Projects - Resolution By Alderperson Cogan: Seconded by Alderperson Tomlan WHEREAS, the Special Joint Committee (SJC) has recommended a program of capital improvements at the wastewater treatment plant for the balance of 2004, and WHEREAS, these items are related to operational reliability or deferred maintenance that will ensure continued high levels of treatment and deter accelerated depreciation at the wastewater treatment plant, and WHEREAS, these capital improvements include several capital projects that have a total cost of $647,400; now, therefore, be it RESOLVED, That Common Council hereby establishes or amends the following Capital Projects for the purpose of capital improvements at the Wastewater Treatment Plant in 2004 in the amount not to exceed $647,400 as approved by the SJC: C.P. #411J Admin Building & Thickener Roof Addition Design $ 10,000 C.P. #412J Energy Reduction Upgrades 60,000 Amend C.P. #408J for Gas Cleaning Equipment 42,400 C.P. #413J Boiler Replacement 100,000 June 2, 2004 8 Amend C.P. #410J for Second Primary Tank Rehabilitation 200,000 C.P. #414J Flow Meter Stations Rehabilitation 100,000 C.P. #415J Facility Concrete Restoration 135,000 $647,400 and, be it further RESOLVED, That Common Council will share in this project expense with the other existing Wastewater Treatment Plant owners at the following allocation: City of Ithaca 57.15% $369,989.10 Town of Ithaca 40.87% $264,592.38 Town of Dryden 1.98% $ 12,818.52 $647,400.00 and, be it further RESOLVED, That funds will be derived from the Wastewater Treatment Plant Capital Reserves and/or long term bonding as the City Controller may decide is most advantageous to the City at the time of expenditure. Carried Unanimously CITY ADMINISTRATION COMMITTEE: 9.1 Multicultural Resource Center – Request for Emergency Funds - Resolution By Alderperson Berry: Seconded by Alderperson Whitmore WHEREAS, the Multicultural Resource Center (MRC) is a small 501 C3 organization whose mission is dedicated toward the creation and sustenance of dialogue related to building diversity and cultural awareness with children, youth and adults in Tompkins County, and WHEREAS, the MRC facilitates community leadership on these and other pertinent community issues and helps empower people to embrace and value differences in ethnic and cultural diversity and also provides information, program collaborations, contacts, diversity workshops, interventions, books, tapes, and sponsors cultural celebrations to increase local and regional awareness and understanding of the rich variety of cultural identities in our communities, and WHEREAS, the MRC recognizes that cultural identity is formed around such factors as race, age, ethnic identity, gender, sexual orientation, disability, religion, socio-economic status, or any other social indicator that might marginalize a group of people, and WHEREAS, the MRC has recently experienced cuts to its budget from the County, coupled with removal from the City’s 2003 and 2004 budgets which resulted in a serious shortfall of $12,000 over the last two years, and WHEREAS, the MRC was once granted $6,000 annually from City funding streams and currently, without that funding amount, its existence is in jeopardy, and WHEREAS, the MRC has recently been encouraged by the Mayor’s statements regarding the need to re-examine funding to human service agencies and is currently also exploring other funding and grant options, and WHEREAS, given the recent events related to discrimination, misunderstanding, and race relations that appears to be rising over the last few months, the MRC would like to continue to play an active role in training, advocacy, and diversity awareness as a partner with the City, County, and other agencies within Tompkins County, and WHEREAS, Common Council considers this request an emergency situation that addresses a community need that Common Council has agreed is of the most critical importance; now, therefore, be it June 2, 2004 9 RESOLVED, That Common Council hereby approves funding for MRC in an amount not to exceed $6,000 to help ameliorate the immediate crisis facing the Center, and be it further RESOLVED, funds needed for said assistance shall be transferred from account A1990 Unrestricted Contingency to account A1012-5435 Community Services Contracts. City Controller Thayer reported that there is a balance of $85,000 in the Unrestricted Contingency fund before this transaction. Discussion followed on the floor regarding the process of considering a single request for funding without a broad view of the needs of other human service agencies. Concern was expressed over the fact that approval of this request may encourage other agencies to submit requests that cannot be approved. Further discussion followed regarding the meager budget that the Multicultural Resource Center operates on, the services it provides, and the fact that they may cease to operate without additional funding. Alderperson Cogan encouraged other municipalities to support the MRC as well. A vote on the Resolution resulted as follows: Carried Unanimously 9.2 Southside Community Center – Request for Funding Discussion followed on the floor with Southside Community Center (SSCC) Board members, and Interim Director Leslyn McBean-Clairborne. The Southside Community Center Board is requesting $60,930 for 2004 to cover their staffing and budget needs as the center is in a crisis situation. This funding request is in addition to the funds already budgeted by the city for the SSCC. Grant applications have been submitted for funding, but a response has not been received to date. A formal resolution will be forwarded to Common Council for consideration in July, 2004. 9.3 Planning Department – Request to Extend Contract between City and National Development Council -Resolution By Alderperson Berry: Seconded by Alderperson Zumoff WHEREAS, the City has determined that it would like to continue the contract it has had with the National Development Council (NDC) for community and economic development assistance, and WHEREAS, the new contract extension will continue NDC’s professional services from June 1, 2004 to May 31, 2005 at a cost not to exceed $60,000; now, therefore, be it RESOLVED, That Common Council hereby authorizes the Mayor, subject to the final approval of the City Attorney, to enter into the attached lump-sum contract with the National Development Council at a cost not to exceed $60,000 to assist the City with its community and economic development programs for the period June 1, 2004 through May 31, 2005, and be it further RESOLVED, That the funds necessary for said contract shall be derived from the Cayuga Green Parking Garage Bond Issue with NDC reimbursed through the submittal of vouchers to the Trustee. Alderperson Holtham Korherr questioned how the hourly rate was broken down. Economic Development Director McDonald responded that the contract is set at a “flat fee”, and that time at meetings is tracked. He further stated that this is the 3rd anniversary of the contract and consultants have spent 111 days in the city with 228 June 2, 2004 10 meeting by appointment in addition to many other informal meetings, and 11,010 hours worked off-site. A vote on the Resolution resulted as follows: Carried Unanimously 9.4 Memorandum of Understanding Between the City of Ithaca and Tompkins County Regarding Dispatch Services - Resolution By Alderperson Berry: Seconded by Alderperson Zumoff WHEREAS, the City and the County have a long-standing relationship of providing shared emergency dispatch services, and WHEREAS, the City currently operates an emergency dispatch unit in the City of Ithaca, and the County currently operates a dispatching operation (located within the City of Ithaca) serving the residents of the County, and WHEREAS, the County is in the process of constructing a new facility that will house emergency dispatch personnel, and serve as the County’s Emergency Operation Center, and WHEREAS, the City and the County believe that the consolidation of the separate dispatch units into a single unit will promote efficiency and serve the public interest and safety of the residents of the City of Ithaca and Tompkins County, and WHEREAS, the City of Ithaca, and Tompkins County have been engaged in the process of negotiating the terms of a Memorandum of Understanding to accomplish the goals outlined above, and the parties are in agreement on the basic concept, with some details still remaining to be agreed upon; now, therefore, be it RESOLVED, That Common Council hereby approves the concept of the Memorandum of Understanding as outlined in the attached proposed Memorandum of Understanding between the City and the County, subject to final agreement between the parties on some of the terms, and be it further RESOLVED, That the Mayor be authorized to execute the said Memorandum of Understanding on behalf of the City upon review and recommendation of the City Attorney. Alderperson Berry reviewed the terms of the MOU. Fire Chief Brian Wilbur, Police Chief Victor Loo and Tompkins County Administrator Whicher answered questions from members of Common Council. Extensive discussion followed on the floor regarding the consolidation of emergency dispatch services and the concerns raised by Dispatcher Nichols. County Administrator Whicher explained the compensation package that is being offered to the dispatchers, the extensive training opportunities, the projected staffing structure, and staffing levels. Further discussion followed on the floor regarding the fact that along with the County, the City of Ithaca is the only municipality paying for this consolidation of services that will benefit all of the municipalities throughout the County. Alderperson Holtham Korherr expressed concerns that the Emergency Operations Center is not completed and that training, and orientation for the dispatchers would be impacted. She recommended that Council delay action on this item for three months. County Administrator Whicher spoke in opposition to the recommendation and stated that July 1, 2004 is the projected start date for the consolidation. He stated that the County Dispatchers would be training at the IPD Dispatch Center to become familiar with their operations while the Emergency Operations Center is being completed. June 2, 2004 11 Amending Resolution: By Alderperson Holtham Korherr: Seconded by Alderperson Mackesey RESOLVED, That the following language be added to the Resolution: “RESOLVED, That this Resolution shall be effective as of October 1, 2004, and, be it further RESOLVED, That funds be transferred from Tompkins County to the appropriate City accounts, and an adjustment be made to the Memorandum of Understanding to reflect these changes.” Discussion followed on the floor regarding the supervision and training of existing employees that would not be working in the Center with the other Dispatchers. County Administrator Whicher responded that training would be conducted at the County facility as the consoles are up and running, the only item missing is the installation of the Verizon digital trunk switches. Police Chief Loo spoke in opposition to the delay in training County Dispatchers to fill the IPD vacancies. Mayor Peterson explained that the MOU discussions included a CSEA Union Representative, and that the Mayor and the Human Resources Director have had discussions with the IPD Dispatchers. A motion on the Amending Resolution resulted as follows: Aye (1) Korherr Nays (9) Coles, Mackesey, Berry, Whitmore, Tomlan, Zumoff, Taylor, Townsend, Cogan Failed Main Motion: A vote on the Main Motion resulted as follows: Carried Unanimously 9.5 DPW – Request to Establish Capital Project for Structural Repairs to Green Street Garage - Resolution By Alderperson Berry: Seconded by Alderperson Townsend WHEREAS, studies of the Green Street parking garage have shown that the garage is in need of immediate attention, and WHEREAS, structural repairs to columns, joints, deck and structural reinforcing systems are required, and WHEREAS, staff has received an estimate of $495,576 to make the necessary repairs, and WHEREAS, if these repairs are not completed by December 2004, the Green Street Garage faces closure; now, therefore, be it RESOLVED, That Common Council hereby establishes Capital Project #477 Structural Repairs to Green Street Garage in the amount not to exceed $496,000 for the purposes of structural repairs to the Green Street Garage, and be it further RESOLVED, That funding for said Capital Project shall be derived from the issuance of Serial Bonds. Discussion followed on the floor with Alderperson Coles explaining that the Board of Public Works has not voted on this item. City Controller Thayer explained that bids were opened today and were within the authorized costs for the project. City Controller Thayer and Superintendent Gray responded to questions regarding the process of awarding bids and funding capital projects. A vote on the Resolution resulted as follows: Carried Unanimously June 2, 2004 12 Recess: Common Council recessed at 10:00 p.m. Reconvene: Common Council reconvened into Regular Session at 10:10 p.m. 10. COMMUNITY SERVICES COMMITTEE: 10.1 Statement Condemning Recent Incidents of Racism in Ithaca - Resolution By Alderperson Whitmore: Seconded by Alderperson Berry WHEREAS, the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) defines racism as any distinction, exclusion, restriction, or preference based on race, color, descent, or national or ethnic origin which has the purpose or effect of nullifying or impairing the recognition, enjoyment, or exercise, on equal footing, of human rights and fundamental freedoms in the political, economic, social, cultural, or any other field of public life, and WHEREAS, racism continues in our community, and WHEREAS, recent incidents of racism have brought the City’s attention to the need to address racism in our community on an on-going basis, and WHEREAS, over 20 community members joined the Community Services Committee on April 14th to describe the impact of racism in our community and recommend possible future actions for addressing racism in Ithaca, and WHEREAS, one concrete suggestion was that the City make statements publicly condemning racism when it occurs, and WHEREAS, vandalism was found at Ithaca High School throughout April 2004, including references to the Ku Klux Klan; now, therefore, be it RESOLVED, That the Common Council will respond as quickly as possible to condemn acts of racism committed in our community, and, be it further RESOLVED, That the City of Ithaca shall make every effort to determine an appropriate response to racist incidents by creative consideration of available options and by working in concert with individuals and groups committed to fighting racism in our community, and, be it further RESOLVED, That the Common Council hereby condemns the racist vandalism found at Ithaca High School. Carried Unanimously (9-0) Alderperson Taylor absent from vote Alderperson Taylor returned to the meeting and submitted a card of endorsement of the vote that read as follows: “I endorse/support Resolution 10.1 – Statement Condemning Recent Incidents of Racism in Ithaca.” Michael J. Taylor” Southside Working Group – Report Alderperson Whitmore reported that the Southside Working Group has received input from the community that is being considered very carefully by the committee. Discussions have occurred with the City Attorney and Human Resources Director regarding different option alternatives. This issue will come back to the Community Services Committee for further discussion in July. June 2, 2004 13 11. GOVERNANCE COMMITTEE: 11.1 Resolution To Stop Local Budget Cuts By Alderperson Mackesey: Seconded by Alderperson Cogan WHEREAS, Common Council believes the City of Ithaca must provide quality services to its residents; and WHEREAS, The City of Ithaca has experienced cuts to public works, police, fire, human services, and other essential services because of New York’s budget deficits over the last few years; and WHEREAS, New York needs new revenue to prevent these and other deep budget cuts and to pay for education, affordable housing, child care, health care, prescription drugs, public safety, environmental programs, local aid, human services, and other badly needed state and local programs; and WHEREAS, if significant revenue is not forthcoming, the City of Ithaca will face increased pressure to raise property taxes and/or fees, and/or cut vital services, WHEREAS, New York is in this fiscal crisis because the sluggish national economy has resulted in substantial loss of revenues; and WHEREAS, the federal government could have provided $85 billion in aid to the states during this nationwide fiscal crisis, which would have eliminated every state’s deficit, but instead chose to pass a tax bill that provides only $20 billion in aid to states and gives away $330 billion in tax breaks, primarily to the wealthiest Americans; and WHEREAS, the 2001 and 2003 tax laws will cost New York millions of dollars over the next decade; and WHEREAS, New York has lost 240,500 jobs since the start of the recession; and WHEREAS, the 2003 tax law will yield an average tax cut totaling only $339 over four years to the bottom 60% percent of New York taxpayers, while the richest 1% in our state will receive an average four-year tax break of $147,526. By 2006, 87% of New York residents will receive less than $100 in tax cuts; and WHEREAS, New York relies on federal aid in the form of Medicaid reimbursements, general economic assistance, increased spending on transportation and housing development, direct homeland security funding, and a strong Social Security system; and WHEREAS, the federal government has required that states do more (e.g. homeland security, election reform, and the No Child Left Behind law), but has not provided adequate funding to do so; and WHEREAS, the 2001 and 2003 tax laws undermine our state and local efforts in these areas, as well as provides little tax relief to the vast majority of the residents of New York, now therefore be it RESOLVED, That the Common Council of the City of Ithaca calls upon the members of the New York Delegation to the United States Congress to vote to repeal the 2003 tax breaks that benefit only upper-income taxpayers, and redirect a portion of the restored funds to the states so they can stop painful budget cuts, and be it further RESOLVED, That the Common Council of the City of Ithaca calls upon the members of the New York Delegation to the United States Congress to vote against any future tax breaks for wealthy Americans and/or large corporations, which erode the funding available for critical domestic priorities; and be it further June 2, 2004 14 RESOLVED, That the City Clerk of the City of Ithaca be and is hereby authorized and directed to transmit duly certified copies of this resolution to President George W. Bush, the members of the New York Delegation to the United States Congress, and Governor Pataki. Carried Unanimously 11.2 Establishment of a Sister-Partnership Relationship Between the City of Ithaca and the Community of Cajibío, Colombia - Resolution By Alderperson Mackesey: Seconded by Alderperson Cogan WHEREAS, the people of Ithaca have a tradition of supporting grass-roots democracy and providing aid to victims of political strife around the world; and WHEREAS, the civil population of Colombia is subject to violence, forced displacement, disappearances, torture, and intimidation; and WHEREAS, the United States is intimately involved in this conflict through the allocation of large amounts of aid money to the Colombian military; and WHEREAS, the Colombian military has documented ties to paramilitary groups responsible for a large percentage of Colombia’s human rights violations; and WHEREAS, the distribution of resources in rural Colombia is far from equitable and the resulting socioeconomic conditions are such that people must struggle daily just to survive; and WHEREAS, the citizens of Cajibío, Cauca Department, Colombia are attempting to cope with the problems of violence and poverty by forming the Small Farmer Movement of Cajibío to work nonviolently toward a future with dignity through work in the following seven areas: health, education, agro-environment, land rights, culture and identity, infrastructure projects, and political organizing; and WHEREAS, citizens of Ithaca, acting in partnership with citizens of Cortland and Syracuse, have raised funds to support these projects; and WHEREAS, local farmers, teachers, high school and university students have expressed interest in carrying out projects of humanitarian aid and cultural and knowledge exchange with their counterparts in Cajibío; and WHEREAS, members of the above groups plan to raise further money in support of the Small Farmer’s Movement of Cajibío; and WHEREAS, members of the above mentioned groups plan to visit the community of Cajibío; and WHEREAS, an alert network is being set up to inform the Central New York community and its political representatives of threats to the community of Cajibío and its citizens; and WHEREAS, the effectiveness of this alert network would be enhanced by the official recognition of the sister-partnership relationship between the communities of Ithaca and Cajibío, Colombia; and WHEREAS, the community of Cajibío has expressed a desire to form a sister- partnership with the Central New York community, to include the Cities of Ithaca, Cortland and Syracuse; now therefore be it RESOLVED, That in the interests of establishing a dialogue between the people of Colombia and the people of Central New York, encouraging the exchange of knowledge and culture between these communities, enhancing the effectiveness of the alert network, and facilitating efforts of groups in Ithaca to provide material aid to Colombians suffering the ravages of a forty-year civil war, the City of Ithaca establish a sister- partnership relationship with the community of Cajibío, Colombia. June 2, 2004 15 Discussion followed on the floor with Alderperson Tomlan stating that while she felt the goals of this program were very good, she could not support the Resolution as it is a casual commitment, and not the kind of commitment the city should make. Alderperson Taylor stated that this Resolution is needed to support community members in responding to emergencies, and assisting with media relations. A vote on the Resolution resulted as follows: Ayes (8) Coles, Mackesey, Berry, Whitmore, Zumoff, Taylor, Townsend, Cogan Nays (1) Tomlan Alderperson Holtham Korherr was absent from the vote Carried 11.3 An Ordinance to Amend Chapter 260 of the City of Ithaca Municipal Code Entitled “Residential Parking Permit System” By Alderperson Mackesey: Seconded by Alderperson Tomlan Ordinance 04- BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows: Section 1. Sections 260-2, 260-3, 260-4 and 260-5 Chapter 260 of the City of Ithaca Municipal Code entitled “Residential Parking Permit System” are hereby amended to read as follows: § 260-2. Definition of terms. For the purposes of this chapter, the following definitions of terms shall be controlling: COMMUTER -- A person who does not live in the residential parking permit area, but parks in the area and whose destination is outside the area. RESIDENT -- A homeowner or tenant residing in a dwelling unit in the residential parking permit area in the R-1a, R-1b, R-2a, or R-2b zones of the City of Ithaca as established in § 325-4 of the Municipal Code of the City of Ithaca. RESIDENTIAL PARKING PERMIT ZONE: A. The area bounded by the following roadways and corporate boundaries: (1) East State Street from Cornell Street to Giles Street; (2) Giles Street to Water Street; (3) Water Street to East State Street; (4) East State Street from Water Street to Seneca Way; (5) Seneca Way from East State Street to East Seneca Street; (6) East Seneca Street from Seneca Way to Parker Street; (7) Parker Street to Terrace Place; (8) Terrace Place to Linn Street; (9) Linn Street from East Court Street to University Avenue; (10) University Avenue from Linn Street to Willard Way; (11) Willard Way from University Avenue to Stewart Avenue; (12) Stewart Avenue from Willard Way to the corporate boundary between the City of Ithaca and the Village of Cayuga Heights; (13) Following the corporate boundary between the City of Ithaca and the Village of Cayuga Heights east to the corporate boundary between the City of Ithaca and the Town of Ithaca; (14) Following the corporate boundary between the City of Ithaca and the Town of Ithaca south to East State Street; and (15) East State Street from the corporate boundary to Giles Street; and June 2, 2004 16 B. Consisting of the following roadways: (1) Treva Avenue west of Water Street; (2) Valentine Place south of East State Street; (3) Quarry Street south of East State Street; (4) Ferris Place south of East State Street; (5) Linn Street north of Terrace Place to Farm Street; (6) Lake Street north of University Avenue to the north property line of Tax Map Parcel 28-4-7; and (7) Willard Way and Willard Way Loop north of University Avenue. C. The Residential Parking Permit Zone shall include properties that face both sides of the above-named roadways. D. The Residential Parking Permit Zone Map is on file in the City Clerk’s Office. RESIDENTIAL PARKING PERMIT AREA -- A sub-area of the residential parking permit zone. Only the portions of the area which are zoned as R-1 and R-2 districts (as established by Article II of Chapter 325 of the Municipal Code of the City of Ithaca) will be included in the area. [EMPLOYEE -- An employee of the Belle Sherman Elementary School.] § 260-3. Designation of permit parking areas; rules and regulations. A. The Board of Public Works of the City of Ithaca may designate residential parking permit areas in accordance with this chapter. Such areas shall be designated only within the residential parking permit zone, and shall exclude any streets located within the boundaries of the Cornell University campus. B. The Board of Public Works shall establish rules and regulations for the designation of residential parking permit areas and the issuance and use of residential parking permits. [and employee parking permits.] C. Permit requirements established pursuant to this section shall be in effect during all or a portion of the following times: from Monday to Friday between 9:00 a.m. and 5:00 p.m. D. No less than 20% of the parking spaces within the resident parking permit zone shall be available to nonresidents. E. Short-term parking of no less than 120 minutes in duration shall be available in the residential parking permit zone. F. The fee for a residential parking permit [or an employee parking permit] shall be $45 per year. All such fees shall be credited to the general fund of the city. § 260-4. Exemptions. A. Motor vehicles registered pursuant to § 404-a of the Vehicle and Traffic Law shall be exempt from any permit requirement establish pursuant to this chapter. B. A resident may apply to the [Building Commissioner of the City of Ithaca] Board of Public Works for a permit not otherwise available pursuant to the aforementioned rules and regulations in the following circumstances: (1) Where a home health care provider provides home health care to a resident and regularly drives to the resident's home. (2) Where a resident has a short-term health emergency. (3) Where residents living on a street within the Residential Parking Permit Zone without on-street parking wish to purchase a permit for on-street parking on a street where permits are required. (4) Such other instances of hardship (excluding self-created hardship) as the [Building Commissioner] the Board of Public Works in [his] their discretion determines sufficient for issuance of additional residential parking permits. § 260-5. Penalties for offenses. A. No person shall park a vehicle nor allow a vehicle to be parked in an area which has been designated a residential parking permit area by the Board of Public Works, and at times when parking is prohibited in such residential parking permit area pursuant to regulations established by the Board of Public Works, unless the vehicle shall have affixed to the bottom rear corner of the passenger window on the driver's side of the vehicle a valid residential parking permit [or employee parking permit], or unless said June 2, 2004 17 vehicle is registered in accordance with § 404-a of the Vehicle and Traffic Law and the vehicle is being used for the transportation of a [disabled] person with disabilities. Violation of this section shall be punishable by a fine of $15. B. No resident of a residential parking permit area designated by the Board of Public Works shall permit a nonresident to use a residential parking permit issued to a resident, or aid a nonresident in any way in obtaining a resident parking permit. Violation of the terms of this section shall be punishable by a fine not to exceed $250 and/or suspension of residential parking permit privileges for a period not to exceed 12 months. Section 2. Effective Date This Ordinance shall take effect immediately in accordance with law upon publication of a notice as provided in the Ithaca City Charter. Discussion followed on the floor regarding the designation of sub-zones in the Residential Parking Permit Regulations. Alderperson Tomlan suggested that the language regarding sub-zones be removed from the Regulations, and no Council member objected. A vote on the Ordinance resulted as follows: Carried Unanimously 11.4 An Ordinance to Amend Chapter 316 of the City of Ithaca Code Entitled “Vehicles, Recreational” to add an Article III Entitled “Watercraft”. By Alderperson Mackesey: Seconded by Alderperson Korherr 04-___ BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows: Section 1. Chapter 316 of the City of Ithaca Municipal Code shall be amended to add an Article III entitled “Watercraft” to read as follows: § 316-13 Jurisdiction. This Article shall apply only to those portions of Cayuga Lake falling under the jurisdiction of the City of Ithaca. § 316-14 Definitions. A. “Cayuga Lake” – for purposes of this ordinance shall mean the whole of Cayuga Lake to its high water mark, all subsurface lands, and all streams, creeks, rivers, canals, inlets, and other waterways connected thereto, whether navigable or not. B. “Daytime” shall mean one-half hour after sunrise to one-half hour before sunset and “Nighttime” shall mean one-half hour before sunset to one-half hour after sunrise. C. “Non-motor Powered Vessel” shall mean a vessel which is powered by a force other than a motor, specifically wind or human muscle power, such as a canoe, kayak, paddle boat, crew boat, row boat, sailboat, or sailboard. D. “Personal watercraft,” or “PWC,” shall mean a vessel which uses an inboard motor powering a water jet pump as its primary source of motive power and which is designed to be operated by a person sitting, standing, or kneeling on, or being towed behind the vessel, rather than in the conventional manner of sitting or standing inside the vessel. E. “Shore” and “Shoreline” shall mean any location where the surface of Cayuga Lake meets land, including emergent islands and structures of all sorts, but not including wharves, docks, and similar structures made, placed, or installed by any person or entity. June 2, 2004 18 F. “Vessel” shall mean “vessel” as defined in paragraph 6 of section 2 of the New York State Navigation Law or any successor or amendment to such paragraph and section. G. “Watercraft” shall mean any vessel, vehicle, or contrivance intended, designed, or utilized for travel over or under water, and that is propelled by a motor or engine of any type, whether fueled by gasoline or otherwise. § 316-15 Regulation Zones. A vessel regulation zone is hereby established as follows: Except when operated for the purpose of enabling a person engaged in water skiing to take off and land, no watercraft shall exceed a speed of (a) 5 miles per hour within 100 feet of any shoreline, dock, pier, raft, float, or anchored, moored, floating, or non-motorized vessel, or (b) 10 miles per hour when between 100 feet and 500 feet of any shoreline, dock, pier, raft, float, or anchored or moored vessel, or (c) 45 miles per hour during the daytime and 25 miles per hour during the nighttime when between 500 feet and 1500 feet of any shoreline, dock, pier, raft, float, or anchored or moored vessel. § 316-16 Conditions and Restrictions. A. No person under the age of 16 years may operate a PWC unless he or she is accompanied by an adult over the age of 18 years and 1. possesses a current and valid boating certificate issued by the State of New York, the United States Coast Guard, or an appropriate Power Squadron, or 2. possesses a Captain’s License or New York State Guide’s License. B. No person shall operate a PWC at anytime before 9:00 a.m. or after the earlier of 8:00 p.m. or one-half hour before sunset. Section 2. Severability Clause. Severability is intended throughout and within the provisions of the Ordinance. If any section, subsection, sentence, clause, phrase, or portion of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall not affect the validity of the remaining portions of this Ordinance. Section 3. Violations. A violation of this Ordinance shall be punishable as set forth in section 73-c of the New York State Navigation Law or any successor or amendment to such section. Section 4. Effective Date. This Ordinance shall take effect 10 days after publication of notice in accordance with law as provided in the Ithaca City Charter. Alderperson Mackesey explained the inter-municipal effort involved in constructing this legislation and stated that she was hopeful that ways would be found to strengthen the Ordinance in the future. Further discussion followed on the floor regarding the challenges of enforcing decibel levels. A vote on the Ordinance resulted as follows: Carried Unanimously 12. PLANNING, NEIGHBORHOODS, AND ECONOMIC DEVELOPMENT COMMITTEE: 12.1 Exception to Community Development Block Grant (CDBG) Conflict-of- Interest Regulations for INHS Loan - D. Mazzarella - Resolution By Alderperson Tomlan: Seconded by Alderperson Holtham Korherr WHEREAS, the Ithaca Neighborhood Housing Services (INHS) has informed the Ithaca Urban Renewal Agency (IURA) that it has approved a home improvement loan from the INHS Revolving Loan Fund to David Mazzarella, subject to approval by the U.S. June 2, 2004 19 Department of Housing and Urban Development (HUD) of a conflict-of-interest exception, and WHEREAS, David Mazzarella has applied for loan assistance to INHS to make energy efficiency home improvements to his house located at 607 Utica Street, and WHEREAS, David Mazzarella is the brother of Paul Mazzarella, the Executive Director of INHS, and WHEREAS, the INHS Revolving Loan Fund is primarily capitalized from funds granted to the City of Ithaca through the Small Cities Community Development Block Grant (CDBG) program, therefore use of the INHS Revolving Loan Fund must comply with CDBG regulations, and WHEREAS, conflict-of-interest regulations (24 CFR 570.611) governing the CDBG program specify that any relative of an employee, who is in a decision making position with respect to CDBG funds, of an agency receiving CDBG funds may not obtain a financial benefit from CDBG funds except upon written approval of HUD of a request for an exception that meets certain threshold requirements including: 1. Public disclosure of the potential conflict-of-interest; 2. A legal opinion from the City Attorney on the matter; and, 3. Consideration of a series of factors to assess whether the public interest is served [24 CFR 570.611(d)(2)], and WHEREAS, the nature of the potential conflict-of-interest is hereby publicly disclosed before the Planning, Neighborhoods & Economic Development Committee meeting of May 19, 2004, and WHEREAS, the City Attorney has concluded that neither New York State law nor the local laws of the City of Ithaca prohibit a loan from the INHS Revolving Loan Fund to David Mazzarella, and, WHEREAS, INHS certifies that Paul Mazzarella has recused himself from this matter and has not, nor will he, play any role in the review, approval, or implementation of this loan, and WHEREAS, David Mazzarella, as a low-income homeowner, is a member of a group of persons intended to be the beneficiaries of the Energy Smart Loan Program, and WHEREAS, INHS certifies that the terms and conditions for the loan offered to David Mazzarella will be the same as they are for all other participants in the Energy Smart Loan Program, and WHEREAS, INHS certifies that approving the loan to David Mazzarella will not deplete the INHS Revolving Loan Fund to an extent that will result in other potential program participants being denied the ability to receive a similar loan, and WHEREAS, INHS indicates that denial of the loan would impose a hardship on David Mazzarella, and WHEREAS, that the Planning, Neighborhoods & Economic Development Committee considered this matter at their May 19, 2004 meeting and recommends the following, now therefore be it RESOLVED, That the Common Council authorizes the Ithaca Urban Renewal Agency to submit a formal request to HUD for an exception to the conflict-of-interest provisions under 24CFR570.611 to allow INHS to approve a loan from the INHS Revolving Loan Fund to David Mazzarella to make energy improvements to his home. Carried Unanimously June 2, 2004 20 June 2, 2004 12.2 Support and Concurrence with the Schuyler County Empire Zone Revision Application By Alderperson Tomlan: Seconded by Alderperson Coles WHEREAS, New York State has created the Empire Zone program to encourage economic development in selected municipalities across the State, and WHEREAS, Schuyler County, as an eligible municipality, received designation as an Empire Zone, and WHEREAS, Schuyler County intends to revise the County Empire Zone boundaries to encourage economic development, and WHEREAS, such revisions include projects undertaken within the City of Ithaca, and WHEREAS, Common Council of the City of Ithaca is committed to the development of new and/or expanded business within the Empire Zone, and WHEREAS, the City of Ithaca wishes to support and concur with the Schuyler County Local Law No. 2 of the year 2004 (Resolution Introduction #139), now therefore be it RESOLVED, That Common Council of the City of Ithaca, in its capacity as governing body of the City of Ithaca, does hereby support and concur with the Schuyler County Empire Zone revision application. Alderperson Zumoff stated that he would not support this Resolution for reasons that he has previously disclosed regarding his opposition to tax cuts for businesses. Please add the following sentence which I articulated at the meeting: He feels tax cuts should only be given if businesses are willing to provide some type of quid pro quo, such as paying a living wage, providing good benefits, committing to contribute to community charities, etc. A vote on the Resolution resulted as follows: Ayes (9) Coles, Mackesey, Whitmore, Berry, Tomlan, Taylor, Townsend, Korherr, Cogan Nays (1) Zumoff Carried 12.3 Seneca Place On The Commons: Consent to Assign Parking Rights (Cascade Plaza LLC to M&T Real Estate Trust) - Resolution By Alderperson Tomlan: Seconded by Alderperson Korherr WHEREAS, pursuant to an agreement dated May 12, 2003, by and among the City of Ithaca, the Ithaca Urban Renewal Agency (IURA), Cascade Plaza, LLC, and Ciminelli Development Company, Inc., the City guaranteed the developer (Cascade) use of an agreed number of parking spaces in the Seneca Parking Garage, and WHEREAS, pursuant to said agreement, these parking spaces are to be reserved for use of the guests of the Hilton Hotel which is to be built at the site of the development project commonly referred to as “Seneca Place on the Commons”, and WHEREAS, the bank primarily financing this project (i.e. M&T Real Estate Trust) has asked the developer to assign the subject parking rights to the bank, for the latter to hold as collateral for the project, and WHEREAS, M&T Real Estate Trust has indicated that the basis for seeking assignment of these parking rights is to ensure that in the event that they had to foreclose on the project, the lender would be guaranteed that the parking would be available to facilitate completion and operation of the project, and WHEREAS, on May, 19th, 2004, the Planning, Neighborhoods and Economic Development Committee adopted a resolution recommending to the Common Council of the City of Ithaca to consent to the assignment of the parking rights previously awarded to Cascade Plaza LLC, pursuant to the May 12, 2003 Sponsor Agreement, as outlined in the within “Consent to Assignment” with the revisions proposed by the City Attorney’s Office, now therefore be it June 2, 2004 21 RESOLVED, That the Common Council consents to the assignment of the subject parking rights, and be it further RESOLVED, That this consent to the assignment is based on the understanding that in the event of a foreclosure, if the project is not completed or operated according to the terms of the May 12, 2003 Sponsor Agreement, then said parking rights shall revert to the City of Ithaca, and be it further RESOLVED, That the Mayor is hereby authorized to execute said “Consent to Assignment” on behalf of the City upon review and recommendation of the City Attorney. Carried Unanimously REPORT OF SPECIAL COMMITTEES: Retiree Health Insurance Benefits Sub-committee: Alderperson Berry reported that a sub-committee of the City Administration Committee, Chaired by Alderperson Coles, hosted a retiree forum that was attended by approximately 70-75 retirees. The sub-committee heard from approximately 60 speakers. Several issues were identified and are being pursued. Alderperson Berry thanked the Human Resources Department for the incredible amount of work they have done and will continue to do on this issue. 14. NEW BUSINESS: 14.1 Appointment of Marriage Officer - Resolution By Alderperson Tomlan: Seconded by Alderperson Mackesey RESOLVED, That Alan J. Cohen be appointed as a Marriage Officer with a term to expire September 1, 2004. Carried Unanimously Motion to Extend Meeting for 5 Minutes: By Alderperson Whitmore: Seconded by Alderperson Holtham Korherr RESOLVED, That the 11:00 p.m. conclusion time for the Common Council meeting be extended by 5 minutes. Carried Unanimously MAYOR’S APPOINTMENTS: Board of Fire Commissioners: By Alderperson Mackesey: Seconded by Alderperson Coles RESOLVED, That Carol Seligmann be reappointed to the Board of Fire Commissioners with a term to expire June 30, 2006. Carried Unanimously Commons Advisory Board By Alderperson Holtham Korherr: Seconded by Alderperson Cogan RESOLVED, That Jevon Garrett be reappointed to the Commons Advisory Board with a term to expire December 31, 2005, and, be it further RESOLVED, That Andrew Correll be reappointed to the Commons Advisory Board with a term to expire on December 31, 2005, and, be it further Ithaca Landmarks Preservation Commission: RESOLVED, That Alphonse Pieper be appointed to the Ithaca Landmarks Preservation Commission to fill a vacancy with a term to expire on December 31, 2005, and, be it further RESOLVED, That George Holets be appointed to the Ithaca Landmarks Preservation Commission to fill a vacancy with a term to expire on December 31, 2007, and, be it further Public Art Commission: June 2, 2004 22 RESOLVED, That Erika Fowler-Decatur be appointed to the Public Art Commission to fill a vacancy with a term to expire on June 30, 2005, and, be it further RESOLVED, That Amaechi R. Okigbo be appointed to the Public Art Commission to fill a vacancy with a term to expire on June 30, 2006, and, be it further Rental Housing Advisory Commission: RESOLVED, That Phoebe Brown be appointed to the Rental Housing Advisory Commission to replace Jeffrey Denby with a term to expire on December 31, 2006. Carried Unanimously REPORTS OF COMMON COUNCIL LIAISONS: Access Oversight Committee, SJS, TCAT Board: Alderperson Cogan reported on future agenda items for the Access Oversight Committee and the Special Joint Sub-committee (SJS). He further reported that the TCAT Board will be making a budget presentation on July 8, 2004. Ithaca Downtown Partnership Board: Alderperson Berry requested that the reports from Council Liaisons be moved forward on the agenda so that members of the public can hear the reports. She further reported that the Ithaca Downtown Partnership Board has been discussing its ties with the city regarding the Memorandum of Understanding between the IDP and the city. She announced that Benchwarmer’s Restaurant is moving to a different location on the Commons, and that the IDP has hired a Safety Ambassador/ Information Officer to assist on the Commons. Human Services Coalition: Alderperson Berry reported that $130,000 of city sales tax dollars are distributed to local Human Services Agencies. Southside/GIAC Working Group: Alderperson Berry reported on the discussions of the Southside/GIAC Working Group, the Coal Tar Remediation project, and the proposed GIAC expansion. Community Police Board: Alderperson Townsend reported that the Community Police Board will be hosting a dinner to honor Police and Fire personnel on June 24, 2004, from 3:30 – 6:00 pm at the Women’s Community Building. City Intermunicipal Committee: Alderperson Coles reported that the City Intermunicipal Committee is meeting to investigate potential cost savings and improved efficiencies. She stated that a report of their findings would follow. REPORT OF CITY CONTROLLER: City Controller Thayer reported on the fund balance activity in 2003, and offered a brief history of the fund balance activity from 1997-2003. He discussed his fund balance goals and the impact that fund balance has on bond ratings. REPORT OF CITY ATTORNEY: City Attorney Luster reported that the City Clerk has been sued on the Same-Gender Marriage case. There are 50 plaintiffs listed in the suit. The City has 20 days in which to respond. June 2, 2004 23 ADJOURNMENT: On a motion the meeting adjourned at 11:10 p.m. ______________________________ _______________________________ Julie Conley Holcomb, CMC Carolyn K. Peterson, City Clerk Mayor