Loading...
HomeMy WebLinkAboutMN-CC-2005-01-05COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 7:00 p.m. January 5, 2005 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 Superintendent of Public Works – Gray Human Resources Director – Michell-Nunn Assistant Superintendent for Water & Sewer – Fabbroni Building Commissioner - Radke PLEDGE OF ALLEGIANCE: Mayor Peterson led all present in the Pledge of Allegiance to the American Flag. Moment of Silence: Mayor Peterson requested a moment of silence in remembrance of the victims of the Tsunami. ADDITIONS TO OR DELETIONS FROM THE AGENDA: City Administration Committee: Alderperson Berry requested the deletion of Item 8.2 – Human Resources – Request to Amend the Personnel Rosters of Various Departments – Resolution. No Council member objected. Planning, Neighborhoods & Economic Development Committee: Alderperson Tomlan requested that Items 11.1B - Determination of Environmental Significance – Resolution and 11.1C Adoption of Ordinance be referred back to committee. No Council member objected. Community Services Committee: Alderperson Whitmore requested the addition of Item 9.4 – Update on TCAT, Inc. No Council member objected. Individual Filed Resolutions: Alderperson Zumoff requested the addition of Item 15.1 Support of the December 2004 Tsunami Victims – Resolution. No Council member objected. Special Order of Business: Mayor Peterson requested the addition of Item 4.2 – State of the City Address. No Council member objected. January 5, 2005 2 SPECIAL ORDER OF BUSINESS: 4.1 A Public Hearing to Consider the Adoption of an Ordinance to Amend Chapter 325 of the City of Ithaca Municipal Code entitled “Zoning” for the CBD-60, CBD-85, CBD-100, CBD-120, CBD-140, B-1a, B1b, B-2c, and B-2d zones in order to add a minimum requirement of two occupiable stories for any new primary buildings in any of these zones or any existing buildings that are expanded more than fifty percent in size. Alderperson Tomlan described the intent of the Ordinance. Resolution to Open Public Hearing: By Alderperson Korherr: Seconded by Alderperson Berry RESOLVED, That the Public Hearing to Consider the Adoption of the Proposal to Amend the Zoning for the CBD-60, CBD-85, CBD-100, CBD-120, CBD-140, B-1a, B1b, B-2c, and B-2d zones in order to add a minimum requirement of two occupiable stories for any new primary buildings in any of these zones or any existing buildings that are expanded more than fifty percent in size be declared open. Carried Unanimously No one appeared to address Council. Resolution to Close Public Hearing: By Alderperson Coles: Seconded by Alderperson Mackesey RESOLVED, That the Public Hearing to Consider the Adoption of an Ordinance to Amend Chapter 325 of the City of Ithaca Municipal Code entitled “Zoning” for the CBD- 60, CBD-85, CBD-100, CBD-120, CBD-140, B-1a, B1b, B-2c, and B-2d zones in order to add a minimum requirement of two occupiable stories for any new primary buildings in any of these zones or any existing buildings that are expanded more than fifty percent in size be declared closed. Carried Unanimously 4.2 State of the City Address: Mayor Peterson presented the following January, 2005 State of the City Address: “Our city administrative legislation states that the mayor address the Council at the first regular meeting of the year with “respect to the needs and resources of the city, including such programs and proposals for the good of the city as he/she may wish to recommend.” When I think about programs of the city, I make a broad division between internal administration of the city, and programs or goals for the community. First of all, I thank my Council colleagues, our department heads, our city employees, and committee volunteers for the work performed in 2004. The ongoing goals during this administration-- working well together, striving to include all parties to a decision in the same room at the same time, and striving to communicate information to each other and the community, remain priorities for the future. Goals such as these are necessary to carry out the city’s mission of “ a great place to create, dream, live, learn, work, and play”, to “deliver high quality services” to our community, and to make the city of Ithaca a positive place in which to be an employee. I believe that one way to serve a community is through a city of Ithaca workforce that exemplifies these goals. This year, a great deal of time has been spent resolving expired union contracts and coming to agreements on how employees and management work together. My goal as chief executive officer is to make every effort to resolve contracts before they expire. Additionally, working closely with department heads through the newly established performance evaluation system has enabled us to set important goals for the future in order to accomplish the tasks and improvements that are necessary to sustain our city. The broad organization-wide goals of employee communications and diversity will see results and progress in 2005. I am pleased to see a renewed interest from the public in volunteering to serve on our boards, committees, and special task forces. This year, there will be special task forces January 5, 2005 3 addressing pedestrian safety, the trails master plan, and the southwest area. The Pedestrian Safety Committee will be charged to examine the problem areas in our community regarding at risk areas for pedestrians, exemplary and poor pedestrian actions, understanding pedestrian and driver rights and responsibilities, how to educate the public, infrastructure condition, and police enforcement. This committee will be chaired by David Henderson and includes representatives from Common Council, Board of Public Works, the Planning Department, Public Works Department, the Police Department, and citizen volunteer members, both experts in related fields and frequent pedestrians. This committee will get underway in a few weeks and will have recommendations by mid 2005. The membership for the remaining two special committees will be determined by the end of the month. Another important group that will be more firmly established is for the neighborhood associations. The city will assist in establishing a format for the group, a regular meeting time, and agenda setting, including facilitating good relationships with and information sharing by various departments. Good communication with our neighborhood organizations will make everyone’s jobs go more smoothly. Communication will also be enhanced by increased assistance from the City Clerk in providing regular and consistent public information. The Clerk will also assist once again with public forums; meetings outside of City Hall and the usual confines of the 3-minute rule. Our first public forum will be planned around neighborhoods and zoning, specifically the planned unit development proposal. Communication must also include the relationships with the County, the Town of Ithaca, our educational institutions, and other organizations. As in 2004, this year will also see increased efforts to establish successful working relationships with each entity. Overarching nearly all of these areas is the general concept of a healthy city. Health and wellness is implied in the pedestrian safety committee and its relationship with a walkable city; environmental health is a key concern regarding on going cleanups of coal tar, addressing the Emerson cleanup, and finishing the cleanup of the rest of Gun Hill; and long term health will be addressed by examining the Southwest area as a potential site for an example of sustainable, green development. As these projects move forward, the city will also examine what it means when it supports urban density to control sprawl. How dense of a development in our urban center is supportable in our community, and what might it look like? All of these goals and desires, though, need to proceed under the guidance of our budget. There is no doubt that these remain difficult financial times. There is no doubt that difficult decisions have been made and will be made. There is no doubt that it is difficult to balance the needs of city departments, capital projects, and our taxpayers. The 2005 budget has recently been completed with some movement in a positive direction for the city; slightly lower debt load, maintaining services, not using the fund balance, resolving contracts and increasing wages. But continued positive direction is also based on some unknowns, albeit unknowns that we hope and believe will be successful. This includes a markedly improved sales tax revenue from new stores opening in Ithaca, coupled with mostly completed roads. It includes anticipation of hundreds of new workers downtown who will enjoy all the city center has to offer. It includes a continuation of restoration of our streets and sidewalks. It includes stabilization of the workforce, thus services, after years of attrition and some layoffs. With higher health insurance and liability insurance costs, costs of fuel, and costs of retirement payments, the total budget is only a small progressive step forward. And many of the things that our community wishes to see—more parking yet lower costs, repaired roads yet lower taxes, improved parks yet free of charge—all of this taken together is a careful balance that will contribute to our wonderful community. I look forward to 2005 and building on the many accomplishments of 2004.” PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: The following people addressed Common Council: Kathryn Boucakis, Town of Enfield, addressed Council in support of the proposed Apprenticeship Program Resolution. January 5, 2005 4 Rick Livingston-Lackner, Town of Ithaca, addressed Council regarding the lack of City support for the S.P.A.C.E. program and the Rainbow Coffee House. Joel Harlan, Town of Newfield, addressed Council regarding the Oswego Harbor Fest. Neil Oolie, City of Ithaca, distributed copies of the Constitution of the United States and the Declaration of Independence, and asked for active leadership in educating people about the constitution. Fay Gougakis, City of Ithaca, addressed Council regarding Cornell University’s proposal to reduce monitoring of the Lake Source Cooling Project. City Clerk Holcomb read a correspondence from George Eberhardt, Town of Groton, concerning TCAT Bus system operations. PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR: Alderperson Taylor thanked Mr. Oolie for the copy of the Constitution, and Ms. Gougakis for voicing her concern about the monitoring of the Lake Source Cooling Project. Alderperson Mackesey thanked the speakers for their time and concern. She stated that the City is concerned with the Lake Source Cooling Project monitoring, and this issue will be discussed at the Governance Committee meeting. She further thanked Ms. Gougakis for continuing to educate Common Council on the issue. She also thanked Mr. Livingston-Lackner for all of the work he does in the community. Alderperson Whitmore responded to the concern raised about TCAT operations and explained that there are many opportunities available for the public to provide input to TCAT. The TCAT Board meets on the last Thursday of the month at 4 p.m. and the Operations Committee meets on the 1st Monday at 3:00 p.m. at the Transit Center on Willow Avenue. Alderperson Townsend wished everyone a happy new year and stated that he has great expectations for 2005. CONSENT AGENDA ITEMS: 8.1 DPW/S & F – Request to Amend 2005 Personnel Roster - Resolution By Alderperson Berry: Seconded by Alderperson Taylor WHEREAS, the Account Clerk in the Streets and Facilities Office has a need to change her hours from full time to part-time in January, 2005 for personal reasons, and WHEREAS, the current part-time Account Clerk Typist will be changed to a full-time, 40 hr. per week, position; now, therefore, be it RESOLVED, That the Streets and Facilities Personnel Roster be amended as follows: Delete: One (1) Account Clerk (40 hours) One (1) Account Clerk Typist (20 hours) Add: One (1) Account Clerk (20 hours) One Account Clerk Typist (40 hours) and be it further RESOLVED, That this Personnel Roster amendment is budget neutral. Carried Unanimously 8.2 Human Resources – Request to Amend the Personnel Rosters of Various Departments - Resolution This item was withdrawn from the agenda. January 5, 2005 5 8.3 Finance/Controller - Designation of Official Newspaper By Alderperson Berry: Seconded by Alderperson Taylor RESOLVED, That, pursuant to Section C-113 of the City Charter, the Ithaca Journal be and is hereby designated as the official newspaper of the City of Ithaca for the year 2005. Carried Unanimously 8.4 Finance/Controller - Collateral to Secure Deposits By Alderperson Berry: Seconded by Alderperson Taylor RESOLVED, That the collateral deposited by the Tompkins Trust Company, Fleet Bank and M & T Bank as reported, be approved as to form and sufficiency. Carried Unanimously 8.5 Finance/Controller - Public Employee's Blanket Bond By Alderperson Berry: Seconded by Alderperson Taylor RESOLVED, That, pursuant to Section 11 of the Public Officers Law, the following Bond, which is on file in the Office of the City Clerk, be, and is hereby approved in all respects for the year 2005. Faithful Performance Blanket $250,000 National Grange Bond Coverage Mutual Insurance Co. Carried Unanimously 8.6 Finance/Controller - Designation of Common Council Meetings By Alderperson Berry: Seconded by Alderperson Taylor RESOLVED, That the regular meetings of the Common Council, for the year 2005, be held at 7:00 P.M., on the first Wednesday of each month, in the Common Council Chambers, at City Hall, 108 East Green Street, Ithaca, New York, unless otherwise determined by Common Council. Carried Unanimously 8.7 Finance/Controller - Designation of Official Depositories By Alderperson Berry: Seconded by Alderperson Taylor RESOLVED, That pursuant to Section C-34 of the City Charter, the Tompkins Trust Company, the Fleet Bank and the M & T Bank be, and they are, hereby designated as the official depositories of all City Funds for the year 2005 and are currently deposited as follows: TOMPKINS TRUST COMPANY ACCOUNT NAME ACCOUNT NUMBER City of Ithaca Operating Fund 01-201-001004 Employees Group Insurance Deductions 08-201-001004 City of Ithaca Payroll Fund 04-201-001004 City of Ithaca-Wire Transfer Community Enterprise Opportunity 06-201-001004 City of Ithaca BID Assessments 06-201-001055 Employees N.Y.S. Withholding Tax 08-201-001004 Employees U.S. Savings Bonds 08-201-001004 N.Y.S. Police, Fire and Employees Retirement System 08-201-001004 Payroll Benefits - Flexible Spending 08-201-001004 IPAC Escrow 14-303-468203 FLEET BANK ACCOUNT NAME ACCOUNT NUMBER Firemen's Relief Fund 267-010001 Ithaca Area Wastewater Treatment Plant – Phase III 267-365187 January 5, 2005 6 M & T BANK ACCOUNT NAME ACCOUNT NUMBER Department of Justice Grant 8890767380 Debt Service Fund 8890767398 Ithaca Area Wastewater Treatment Plant Capital Reserve 8890767364 Ithaca Area Wastewater Treatment Capital Fund 8890767372 Ithaca Area Wastewater Treatment Operating Account 8890767323 Parking Ticket Payment Account 8890767356 Trust Fund 8890767349 Capital Reserves 8890767331 Construction Fund 8890767315 Guaranty and Bid Deposits 8890767349 Health Facility Agreement 8890878349 Deposit on Water Meters 8890767349 Ithaca Fire Department Bunker Facilities 8890767349 Sale of Unclaimed Property 8890767349 Circle Greenway 8890767349 Conference on College and Community 8890767349 Center for Expressive Arts 8890767349 Peter DeWysocki Memorial Fund 8890767349 Cemetery Fund 8890767349 Commons Cultural Tourism 8890767349 Jack Kiely Scholarship Fund 8890767349 DeWitt Park Improvement Fund 8890767349 Centennial Art Work 8890767349 GIAC Youth Enterprise Fund 8890767349 FICA Overpayment Reimbursement 8890767349 Juvenile Firesetter's Program 8890767349 Capital Reserve Fund #4 - Bridges 8890767331 Capital Reserve Fund #11 - Parks and Recreation Areas 8890767331 Capital Reserve Fund #14 - Parking Areas 8890767331 Capital Reserve Fund #15 - Fire Engine Replacement 8890767331 Capital Reserve Fund #16 - Development of 8890767331 Water Sources 8890767331 Capital Reserve Fund #17 - Sewer Construction 8890767331 Capital Reserve Fund #17A – Mandatory Reserve for Sewer Plant Construction 8890767331 Capital Reserve Fund #20 - West Hill Water and Sewer Replacement 8890767331 Capital Reserve Fund #22 - Bus Replacement 8890767331 Capital Reserve Fund #23 - Public Works Equipment 8890767331 Capital Reserve Fund #24 - Energy Conservation 8890767331 Capital Reserve Fund #25 - Capital Improvements 8890767331 Capital Reserve Fund #26 - Land Acquisition 8890767331 Capital Reserve Fund #27 - DPW Consolidation 8890767331 Capital Reserve Fund #28 – Mandatory Debt Reserve 8890767331 ECHO 8890767349 Six Mile Creek Natural Area 8890767349 Thermal Imaging Unit 8890767349 Fire Department 175 Anniversary 8890767349 Rick Gray Memorial 8890767349 Stewart Park Carousel Fund 8890767349 Rt. 13 Plaza Light 8890767349 Northside Neighborhood Cleanup 8890767349 1896 Steamer Public Display Fund 8860767349 Moore Memorial 8890767349 January 5, 2005 7 Stewart Park Landscaping 8890767349 Wood Street Benches 8890767349 Carried Unanimously COMMUNITY SERVICES COMMITTEE: Alderperson Whitmore announced that the January, 2005 Community Services Committee meeting was cancelled. 9.1 Apprenticeship Policy for City Construction Contracts – Resolution By Alderperson Whitmore: Seconded by Alderperson Korherr WHEREAS, the City of Ithaca from time to time undertakes construction contracts which involve the construction, reconstruction, improvement, or rehabilitation of buildings, facilities, and structures in the City of Ithaca, and WHEREAS, the City of Ithaca is making considerable efforts to increase the number of jobs in the city, and is consistently advocating for quality employment opportunities for city residents, in particular young people in the city, and WHEREAS, maintaining a qualified and skilled labor force is essential to a healthy and dynamic local economy, and WHEREAS, it is desirable to establish employment principles to guide future decisions of the city, and WHEREAS, Article 23 (Apprenticeship Training), Section 816-b of New York State Labor Law states, "in entering into any construction contract, a government entity which is to be a direct or indirect party to such contract may require that any contractors and subcontractors have, prior to entering into such a contract, apprenticeship agreements appropriate for the type and scope of work to be performed, that have been registered with, and approved by, the commissioner pursuant to the requirements found in this article"; now, therefore, be it RESOLVED, That the Common Council of the City of Ithaca does hereby order and direct each department as follows: 1. Any construction contract, as defined under Article 23, Section 816-b, in excess of $500,000 must include contractors that participate in New York State certified apprenticeship programs. 2. All bidders and all subcontractors under the bidder must maintain or participate in a bona fide New York State Apprentice Program approved by the Division of Apprentice Training of the Department of Labor for each apprenticable trade or occupation represented in their workforce and must abide by the apprentice to journeyman ratio for each trade prescribed therein in the performance of the contract. 3. Any bidder who fails to comply with the requirements laid out in numbers 1 and 2 above shall be subject to any or all of the following sanctions: a. temporary suspension of work on the project until compliance is obtained; and/or b. withholding by the City of payment due under the contract until compliance is obtained; and/or c. permanent removal from any further work on the project; and/or d. recovery by the City from the bidder of 1/10 of 1% of the contract amount or $1,000.00, whichever is greater, in the nature of liquidated damages assessed for each week that the contractor is in non- compliance. and, be it further RESOLVED, That a total of 25 percent of the monetary value of the general contract may be exempted from this requirement to permit the use of small or specialty subcontractors who would otherwise be excluded, and, be it further January 5, 2005 8 RESOLVED, That the Board of Public Works may waive this policy only in such a case that the first round of bidding does not yield a responsible bidder with a NYS DOL certified apprenticeship program. Alderperson Korherr questioned when the resolution would become effective, and how it would affect contractors who have worked in the city. Alderperson Whitmore responded that the resolution would become effective immediately. He further explained that contractors interested in establishing an apprenticeship program could get a certificate in approximately six weeks. Alderperson Tomlan questioned how this program would be monitored. Alderperson Whitmore explained that contractors would need to submit proof of an apprenticeship program at the time that contracts are signed, and that the State would monitor the program as well. Further discussion followed on the floor with Council members voicing their support for the resolution. Mayor Peterson thanked Alderperson Whitmore for all of his work on this program. A vote on the Resolution resulted as follows: Carried Unanimously 9.2 An Ordinance Amending Chapter 232. Entitled “Licensing of Businesses & Occupations” of the City of Ithaca Municipal Code Regarding Taxi Cab Rates By Alderperson Whitmore: Seconded by Alderperson Coles ORDINANCE 05- BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, New York, as follows: Section 1. The City of Ithaca Municipal Code, Section 232-70 entitled “Rates”, and the Taxicab Zones and Rates Schedule is hereby amended as follows: Zone Charges – One Passenger Departure Zone 1 2 3 4 5 6 1 4.60 5.10 5.10 5.10 5.60 5.60 2 5.10 4.60 5.10 5.10 5.60 5.60 3 5.10 5.10 4.60 5.10 5.10 5.10 4 5.10 5.10 5.10 4.60 5.10 5.10 5 5.60 5.60 5.10 5.10 4.60 5.10 6 5.60 5.60 5.10 5.10 5.10 4.60 Section 2. Late night surcharges. Section 232-70 B (5) is hereby amended to read as follows: “A taxicab driver may charge an additional $0.50 per passenger for each trip commencing or terminating between 8:00 p.m. and 5:00 a.m.” Section 3. SEVERABILITY. 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 4. EFFECTIVE DATE. This Ordinance shall take effect immediately and in accordance with law upon publication of notice as provided in the Ithaca City Charter. Section 5. SUNSET. This Ordinance shall sunset on June 30, 2005. Carried Unanimously January 5, 2005 9 9.3 Appointment Procedure for City Representatives to the TCAT, Inc. Board of Directors By Alderperson Whitmore: Seconded by Alderperson Zumoff WHEREAS, the City of Ithaca from time to time must recommend City representatives to serve on the Board of Directors for Tompkins Consolidated Area Transit, Incorporated (TCAT, Inc), and WHEREAS, the City of Ithaca desires a single, consistent procedure for making such recommendations, now therefore be it RESOLVED, That the Mayor shall recommend City representatives to serve on the TCAT, Inc. Board of Directors and that the Common Council shall confirm such recommendations by majority vote. Carried Unanimously 9.4 TCAT, Inc. – Update: Alderperson Whitmore explained that the January 1, 2005 transition to TCAT, Inc. was smooth. The buses are running, spirits among staff members are positive, and ridership is strong. He further explained that all the buses need to be inspected by New York State, and that process is taking longer than expected. PLANNING, NEIGHBORHOODS AND ECONOMIC DEVELOPMENT COMMITTEE: 11.1 An Ordinance Amending Chapter 325 of the City of Ithaca Municipal Code Entitled “Zoning” to Amend Zoning Districts CBD-60, CBD-85, CBD-100, CBD-120, CBD-140, B-1a, B-1b, B-2c, and B-2d to Add a Requirement of a Minimum of Two Occupiable Stories A. Declaration of Lead Agency for the Environmental Review - Resolution By Alderperson Tomlan: Seconded by Alderperson Coles WHEREAS, State Law and Section 176-6 of the City Code require that a lead agency be established for conducting environmental review of projects in accordance with local and state environmental law, and WHEREAS, State Law specifies that for actions governed by local environmental review, the lead agency shall be that local agency which has primary responsibility for approving and funding or carrying out the action, and WHEREAS, the proposed zoning amendment is an "Unlisted" Action pursuant to the City Environmental Quality Review (CEQR) Ordinance, which requires review under the CEQR; now, therefore, be it RESOLVED, That Common Council of the City of Ithaca does hereby declare itself lead agency for the environmental review of the adoption of the zoning amendment to add a requirement of a minimum of two occupiable stories for CBD-60, CBD-85, CBD-100, CBD-120, CBD-140, B-1a, B-1b, B-2c, and B-2d zones. Carried Unanimously Update on Planned Unit Development (PUD): Alderperson Tomlan explained that a vote was not taken on the Planned Unit Development legislation at the December Common Council meeting because of concerns raised at the public hearing. She stated that this issue would be the topic of the Mayor’s 1st Public forum of 2005 scheduled for February. B. Determination of Environmental Significance - Resolution This item was referred back to committee. C. An Ordinance Amending Chapter 325 of the City of Ithaca Municipal Code Entitled “Zoning” to Amend Zoning Districts CBD-60, CBD-85, CBD-100, CBD-120, CBD-140, B-1a, B-1b, B-2c, and B-2d to Add a Requirement of a Minimum of Two Occupiable Stories This item was referred back to committee. January 5, 2005 10 CITY ADMINISTRATION COMMITTEE: 12.1 An Ordinance Amending Sections 210-43.F(1) and (2), and 146-7.C(2)(a) of the City of Ithaca Municipal Code to Increase Certain Building Department Inspection Fees By Alderperson Berry: Seconded by Alderperson Mackesey WHEREAS, the current fees charged for housing inspections are inadequate to cover actual costs of inspections, and WHEREAS, the current sanctions for commencing building construction without first acquiring the necessary building permit are time consuming and onerous on the builder, City staff and the court system and do not provide the flexibility to reserve court action for especially egregious cases, and WHEREAS, Temporary Certificates of Occupancy (TCO), which are advantageous to the owner of a building, impose additional inspection requirements on the Building Department, the Fire Department, the Plumbing Inspector and the Electrical Inspector to assure that all life safety items are inspected and approved before issuance of a TCO and that continuous monitoring is in place until final inspection, now therefore, ORDINANCE 05- BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, New York, as follows: Section 1: City of Ithaca Municipal Code Sections 210-43.F(1) and (2), entitled “Fee for a certificate of compliance,” is hereby amended as follows: F. The fee for a certificate of compliance shall be based on the following: (1) [Thirty] Forty dollars plus [$30] $40 per hour for the time spent by the Inspector at the premises doing the initial inspection to determine whether the premises are in compliance with the Housing Code; plus (2) If, at the time the initial inspection is done, the premises is not in compliance with the Housing Code, [$30] $40 per hour for all time spent by the Inspector regarding the premises after such initial inspection, including but not limited to the time spent in correspondence, review of the appropriate files, transportation and further inspections. Section 2: City of Ithaca Municipal Code Section 146-7C(2)(a) entitled “Permit Fees” shall be amended to add a new section 146-7C(2)(a)[4], and the existing section 146-7C(2)(a)[4] shall be renumbered 146-7C(2)(a)[5] and amended as follows: C. Application for permit. (2) Permit fees. (a) Permit fees shall be paid before permit review can commence according to the following schedule: Permit Type Fee Building permit, where the total valuation of the work is: $5,000 or less $30 Above $5,001 $6 for each $1,000 or frac- tion thereof January 5, 2005 11 Provided, however, that: [1] The above fee shall be reduced by 1/2 if the subject property has an exemption pursuant to Article I of Chapter 300 of this Municipal Code (Senior Citizens Exemption). [2] The above fee shall be waived if the permit is for a construction project consisting solely of the installation, repair or modification of a fire protection system or device, such as smoke/heat detectors or systems, sprinkler systems or other fire suppression systems. [3] The above fee shall be waived if the permit is for a maintenance or repair project that is a correction required because of a citation of a Building Department Inspector as a result of a housing inspection and the total valuation of the work is less than $2,000. [4] The above fee shall be doubled where work has been started before the contractor/owner has obtained a building permit. All work shall be stopped until such time as the contractor/owner has obtained the necessary building permit. [[4]] [5] Other inspections and fees related to building construction: Permit Type Fee Requested inspections outside $45 per hour normal business hours (minimum charge, 2 hours in addition to the permit fee) Plan review for projects exceeding 50% of permit fee $5,000 (where no permit is schedule (amount to requested) be applied to permit fee) Additional plan review required by $35 per hour changes, additions or revisions to (see § 146-7C(3)) approved plans Building permit renewal $30 or 10% of the original permit fee, whichever is larger. Building permits can only be renewed once Certificates of occupancy $35 per hour for each hour of inspec- tion, review or analysis Temporary certificates of occupancy [$35 plus $35 for each hour of inspec- tion, review or analysis] $100 for building projects less than $48,000 For building projects $48,000 or more, 35% of the ultimate building permit fee of $6/$1000 of actual construction cost Plan review and consultation for proposed $35/hour projects and/or projects in which a building permit is not ready to be applied for (b) In the event that an application for a building permit is not approved, the applicant shall be entitled to a refund of 50% of the fee paid, provided that no work has January 5, 2005 12 commenced. If construction work has been started and the application is not approved, no part of the fee paid shall be refunded. Section 3. SEVERABILITY. 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 4. EFFECTIVE DATE. This Ordinance shall take effect immediately and in accordance with law upon publication of notice as provided in the Ithaca City Charter. Carried Unanimously 12.2 DPW/Water & Sewer – Request Extension of Service Contract for On-Site AutoCAD Training Services - Resolution By Alderperson Berry: Seconded by Alderperson Korherr WHEREAS, Common Council approved at a regular meeting March 3, 2004, an extension of an on-site AutoCAD training service contract at Water and Sewer and other City departments for Michael Ocello for the year 2004, and WHEREAS, the Water and Sewer Division requests an extension of that contract to December 31, 2005 at a $23.22 hourly rate, and WHEREAS, the vacancy of the Engineering Systems Manager (GIS) and assistant Engineering Systems Manager and relocation of an Assistant Civil Engineer and associated changes in the Water and Sewer Division create continued needs related to the division 2005 work program and computer drafting skills to sustain specialized and experienced staffing to maintain the overall operations of the division; now, therefore, be it RESOLVED, That Common Council hereby authorizes the Assistant Superintendent of Public Works for Water and Sewer to extend the independent contract for on-site AutoCAD training with Michael Ocello for the period from January 1, 2005 to December 31, 2005, to be reimbursed at the rate of $23.22 per hour, for a total contract extension not to exceed $24,155, and be it further RESOLVED, That the funds for said contract shall be derived from Water and Sewer operating accounts and Capital Project #509 or #606. Carried Unanimously 12.3 DPW – Request to Amend Capital Project for Thurston Avenue Bridge Construction - Resolution By Alderperson Berry: Seconded by Alderperson Coles WHEREAS, a Project for the rehabilitation of the Thurston Avenue Bridge Over Fall Creek, B.I.N. 2210630, P.I.N. 375322 for $8,200,000 (“the Project”) is eligible for funding under Title 23 U.S. Code as administered by the Federal Highway Administration (“FHWA”), as amended, that calls for the apportionment of the costs of such program to be borne at the ratio of 80% Federal funds and 20% non-federal funds, and WHEREAS, the Policy Committee of the Ithaca-Tompkins County Transportation Council (ITCTC) approved a Transportation Improvement Program (TIP) amendment on October 19, 2004 to increase funding for the current Thurston Avenue Bridge Project, and WHEREAS, the City of Ithaca desires to advance the Project by making a commitment of 100% of the non-federal share of the costs of Scoping, Design (Phases I-VI), Construction, and Construction Inspection, and WHEREAS, the City originally established Capital Project #428 Thurston Avenue Bridge Over Fall Creek December 6, 2000 in the amount of $1,210,312, and January 5, 2005 13 WHEREAS, the new cost of the Bridge Project is now $8,200,000 with an amendment to the Project now needed in the amount of $6,989,688 and WHEREAS, the Board of Public Works has approved the above-subject Project; now, therefore, be it RESOLVED, That Common Council hereby amends Capital Project #428 Thurston Avenue Bridge Over Fall Creek Rehabilitation by an amount not to exceed $6,989,688 for a total Project cost of $8,200,000, and be it further RESOLVED, That Common Council hereby authorizes the City of Ithaca to pay in the first instance 100% of the federal and non-federal share of the cost of Scoping, Design (Phases I-VI), Construction, and Construction Inspection for the Project or portions thereof, and be it further RESOLVED, That this Project be undertaken with the understanding that the final cost to the City of Ithaca will not exceed five percent (5%) of the final approved project cost, currently estimated at $410,000 of the $8,200,000 authorized for this Project in monies and in-kind services as managed by the Superintendent of Public Works and monitored by the City of Ithaca Controller, and be it further RESOLVED, That in the event the full federal and non-federal share costs of the Project exceeds the amount appropriated above, Common Council of the City of Ithaca shall convene as soon as possible to appropriate said excess amount immediately upon the notification by the New York State Department of Transportation (NYSDOT) thereof, and be it further RESOLVED, Common Council hereby authorizes the Mayor of the City of Ithaca of the County of Tompkins to sign all necessary Agreements with NYSDOT to secure Federal Aid and Marchiselli Aid on behalf of the City of Ithaca, and the Superintendent of Public Works to sign all necessary construction documents, contracts, certifications and reimbursement requests, and be it further RESOLVED, That Common Council authorizes the Superintendent of Public Works to administer the above Project, and be it further RESOLVED, That said Project amendment funds shall be derived from the issuance of Serial Bonds and later repaid up to 95% by Federal and State funds, and be if further RESOLVED, That this resolution shall take effect immediately. Alderperson Mackesey questioned the increase in project funding. Superintendent of Public Works Gray responded that the bridge arches were deemed historical, which significantly increased the cost of rehabilitation. Further discussion followed on the floor regarding the capital project funding for this project and the reimbursement of funds from New York State. A vote on the Resolution resulted as follows: Carried Unanimously 12.4 Human Resources – Approval of Retiree Health Insurance Co-Payment - Resolution By Alderperson Berry: Seconded by Alderperson Korherr WHEREAS, the City currently charges a majority of City retirees and those employees on leaves of absence $171.14 per month for individual health insurance coverage, and $391.87 per month for family coverage, which equates to 44.27% of the 2004 premium equivalent rate, and WHEREAS, the City has not adjusted retirees’ health insurance rates since January, 1998, and January 5, 2005 14 WHEREAS, the 2005 premium equivalent cost of the City’s health insurance program has been set by Excellus BlueCross/BlueShield at $415.93 per month for individuals and $952.41 per month for family coverage, and WHEREAS, in light of the significant increases in past years in City health insurance rates and the related hardship these increases would have caused City retirees and persons on leaves of absence had the City charged full rates, the City has adopted a policy of not charging the full rate increases to these individuals, and WHEREAS, the City is now recommending that retirees pay a health insurance co- payment of premium at 45% of the premium equivalent rate for 2005; now, therefore, be it RESOLVED, That Common Council hereby establishes the 2005 monthly rate of health insurance coverage for retirees and those employees on leaves of absence at $187.17 for individual coverage and $428.58 for family coverage, which represents a 9.37% increase over the current retiree health insurance rate charged, and be it further RESOLVED, That the 2005 rate shall be effective February 1, 2005, and be it further RESOLVED, That 2006 retiree health insurance rates be adjusted by the 2005 average consumer price index (cpi) small cities percentage, and be it further RESOLVED, That these rates shall be reviewed annually by the City Controller’s Office with appropriate notification to retirees regarding future rate changes, and be it further RESOLVED, That said increases in retiree health insurance rates do not apply to those retirees that currently have a fixed rate of health insurance premium. Discussion followed on the floor regarding the insurance rate structure. Mayor Peterson explained that the city does not currently have a “couples” rate, but the issue may be explored in the future. City Controller Thayer explained that insurance rates have not been increased since 1998, and that the city is trying to be fair in increasing the rates. Alderperson Berry explained that she did not support this Resolution in committee based on comments made by retirees living on fixed incomes, and that she would not support it tonight for symbolic reasons. A vote on the Resolution resulted as follows: Ayes (9) Coles, Mackesey, Whitmore, Zumoff, Tomlan, Townsend, Taylor Cogan, Korherr Nays (1) Berry Abstentions (0) Carried 12.5 Human Resources – Establish Standard Work Day for Elected Officials Resolution By Alderperson Berry: Seconded by Alderperson Zumoff WHEREAS, the New York State Retirement System requires a standard workday be established for elected officials for the purpose of retirement credit, and WHEREAS, a study of Common Council members’ participating in the New York State Retirement System’s monthly hours has revealed that these members work an average of ninety-nine (99) hours per month on Council activities, and WHEREAS, the current New York State Retirement credit for Common Council members is sixty (60) hours per month; now, therefore, be it January 5, 2005 15 RESOLVED, That the City of Ithaca hereby establishes the following as a standard work day for elected officials for the purpose of determining days worked reportable to the New York State and Local Employees’ Retirement System: Common Council Members – Six (6) hour workday, five day work week and be it further RESOLVED, That Common Council authorizes the City Controller to make appropriate applications to the New York State Retirement System to change the current New York State Retirement Credit from sixty (60) hours per month to ninety-nine (99) hours per month. Alderperson Berry explained that the intent of this Resolution was to establish a standard workday for the purpose of determining days worked for elected officials in the New York State Retirement System. A vote on the Resolution resulted as follows: Carried Unanimously 12.6 Human Resources – Request to Transfer Funds for Work Environment Task Force - Resolution By Alderperson Berry: Seconded by Alderperson Korherr WHEREAS, Common Council set aside funds to implement the recommendations from the Work Environment Task Force in 2000, and WHEREAS, the current balance of the Task Force funds is $18,400, and WHEREAS, many of the recommendations have been implemented and the Human Resources Department continues to work diligently to sustain these efforts, and WHEREAS, In order to continue implementation, significant time-intensive upfront work is required, but current staff is unable to complete these efforts, and WHEREAS, it is staff’s recommendation that an intern be hired at an estimated cost of $10,000 to assist the department in implementation of Work Environment Task Force recommendations; now, therefore, be it RESOLVED, That Common Council hereby authorizes the transfer in an amount not to exceed $10,000 from account A1990 Restricted Contingency to account A1430-5120 Hourly P/T for the purposes of hiring said intern to work on the implementation of Work Environment Task Force recommendations. Carried Unanimously 12.7 Mayor/Common Council – Approval of Health Insurance Co-payment for Common Council and Mayor - Resolution By Alderperson Berry: Seconded by Alderperson Zumoff WHEREAS, the City of Ithaca has recently negotiated union contracts, which include an employee health insurance premium equivalent co-payment, and WHEREAS, it was the intent of Common Council and the Mayor to require a co- payment for themselves consistent with the first collective bargaining unit agreement signed; now, therefore, be it RESOLVED, That all current Common Council members and the Mayor will follow the following health insurance premium equivalent co-pay schedule based on the attached sliding scale: January 1, 2005 – 7% January 1, 2006 – 11% Extensive discussion followed on the floor regarding the cost of the health care contributions and Common Council salaries. Council members voiced support for the Resolution as all of the city’s bargaining units have been asked to contribute toward escalating health care costs. They further agreed to begin discussions on increasing January 5, 2005 16 Common Council salaries so that a new rate would be in place for the upcoming elections. A vote on the Resolution resulted as follows: Carried Unanimously NEW BUSINESS: 14.1 Request of Ithaca Downtown Partnership to Permit Wine and Hard Cider Tasting and Sale of Bottled Wine and Bottled Hard Cider at the Winter Festival/Chili Cook-Off on the Commons By Alderperson Whitmore: Seconded by Alderperson Korherr RESOLVED, That the Ithaca Downtown Partnership shall be authorized to arrange for the sale of bottled wine and bottled hard cider and to permit tasting of wines and hard cider at booths during the Winter Festival/Chili Cook-Off, February 19, 2005 on the Ithaca Commons, and, be it further RESOLVED, That the Ithaca Downtown Partnership and participating wineries shall comply with all applicable state and local laws and ordinances, and shall enter into an agreement providing that it will hold the City harmless and indemnify the City on account of any claims made as the result of the sale or tasting of bottled wine and bottled hard cider on the Ithaca Commons, and, be it further RESOLVED, That the Ithaca Downtown Partnership or the participating winery or cider company shall agree to maintain liability insurance in the amount of $1,000,000.00 and Dram Shop Act coverage in the minimum amount of $500,000.00, and shall provide evidence of such insurance to the City Clerk. Carried Unanimously 14.2 Election of an Acting Mayor – Resolution Discussion followed on the floor regarding the process by which the Acting Mayor and Alternate Acting Mayor are elected. City Attorney Luster explained that the City Charter needs to be amended as it indicates that these positions are to be elected by ballot, meaning secret ballot. Secret ballots violate Open Meetings Law and the Freedom of Information Law. He explained that according to Robert’s Rules of Order, a Resolution should be put forth appointing a Council member to the position. Alderperson Whitmore questioned how that process works when there is more than one Council member interested in the position. Motion to Set Aside Robert’s Rules of Order for Vote on Acting Mayor By Alderperson Cogan: Seconded by Alderperson Korherr RESOLVED, That Robert’s Rules of Order be put aside for the vote on the appointment of the Acting Mayor. Carried Unanimously Adoption of Rules for Nominations and Election of Acting Mayor Position By Alderperson Whitmore: Seconded by Alderperson Zumoff RESOLVED, That Common Council shall adopt the following process for electing the Acting Mayor: Nominations shall be made and seconded on the floor of Council Votes shall be by open ballot Mayor shall break a tie vote if necessary. Carried Unanimously Opening of Nominations Alderperson Korherr nominated Alderperson Maria Coles for the position of Acting Mayor; Alderperson Mackesey seconded the nomination. Alderperson Whitmore nominated Alderperson Michelle Berry for the position of Acting Mayor; Alderperson Taylor seconded the nomination. Nominations were closed. Discussion followed on the floor with Council members making “seconding statements” for Alderpersons Coles and Berry. January 5, 2005 17 All those in favor of Alderperson Maria Coles for the position of Acting Mayor with a term to expire on December 31, 2005 were as follows: Coles, Mackesey, Zumoff, Tomlan, Korherr, Cogan All those in favor of Alderperson Berry for the position of Acting Mayor with a term to expire on December 31, 2005 were as follows: Whitmore, Berry, Taylor, Townsend According to the process adopted by Common Council for nominations and election of Acting Mayor, Alderperson Coles is elected Acting Mayor with a term to expire December 31, 2005. Alderperson Coles stated that the process was very difficult, but thanked her Council colleagues for their support. Alderperson Zumoff thanked Alderperson Whitmore for his previous service to the city as Acting Mayor. 14.3 Election of an Alternate Acting Mayor – Resolution Common Council members agreed to follow the same process used for the appointment of the Acting Mayor. Opening of Nominations Alderperson Tomlan nominated Alderperson Michelle Berry for the position of Alternate Acting Mayor; Alderperson Zumoff seconded the nomination. Nominations were closed. All those in favor of Alderperson Michelle Berry for the position of Alternate Acting Mayor with a term to expire December 31, 2005 were as follows: Carried Unanimously Alderperson Berry thanked everyone for their support, and stated that she was very proud to serve as the city’s Alternate Acting Mayor. Discussion followed on the floor regarding contacting the New York State Conference of Mayor’s, and reviewing the process for next year. One recommendation was to have the Mayor appoint an Acting Mayor and Alternate Acting Mayor. 14.4 Appointment of Marriage Officers – Resolution By Alderperson Mackesey: Seconded by Alderperson Korherr RESOLVED, That the following Alderpersons be designated as Marriage Officers for the year 2005: Alderperson Berry Alderperson Mackesey Alderperson Coles Alderperson Cogan Alderperson Holtham Korherr Alderperson Townsend Alderperson Whitmore Alderperson Taylor Carried Unanimously INDIVIDUAL MEMBER – FILED RESOLUTIONS: 15.1 Support of the December 2004 Tsunami Victims- Resolution By Alderperson Zumoff: Seconded by Alderperson Cogan WHEREAS, the tsunami that hit the Indian Ocean rim countries on December 26, 2004 is a disaster of epic and historic proportions, and WHEREAS, residents and visitors to these countries suffered extensive injuries and loss of life, and there is a continuing danger to survivors from disease and further injury, and WHEREAS, the destruction of living quarters, property, and infrastructure is widespread and catastrophic, and January 5, 2005 18 WHEREAS, the Common Council and citizens of the City of Ithaca feel sorrow and compassion for the people directly involved in the area and all of their families, loved ones, and friends everywhere in the world; now, therefore, be it RESOLVED, That Common Council expresses its sorrow for the victims of the disaster, its support for the survivors, and its gratitude for those who are assisting the people in the area, and be it further RESOLVED, That Common Council encourages the citizens of Ithaca to contribute financial donations as best they can to the charities of their choice that are involved with aiding the victims of this disaster. Alderperson Zumoff explained that the city cannot legally make contributions to charities. He urged city residents to contribute to a charity of their choice. A vote on the Resolution resulted as follows: Carried Unanimously MAYOR’S APPOINTMENTS: 16.1 Appointment of Ithaca Downtown Partnership Board Representative By Alderperson Tomlan: Seconded by Alderperson Coles RESOLVED, That Alderperson Zumoff be appointed to serve on the Ithaca Downtown Partnership Board as the City of Ithaca Representative for the year 2005. Carried Unanimously 16.2 Appointments for Various City Boards, Committees and Commissions: By Alderperson Whitmore: Seconded by Alderperson Korherr Board of Public Works: RESOLVED, That Jennifer Dotson be reappointed to serve on the Board of Public Works with a term to expire on December 31, 2007; and, be it further Affirmative Action Committee: RESOLVED, That Satomi Hill be reappointed to the Affirmative Action Committee with a term to expire on December 31, 2007, and, be it further RESOLVED, That Lynette Chappell-Williams be reappointed to the Affirmative Action Committee with a term to expire on December 31, 2007, and, be it further RESOLVED, That Audrey J. Cooper be reappointed to the Affirmative Action Committee with a term to expire on December 31, 2007, and, be it further RESOLVED, That Lauren Signer be reappointed to the Affirmative Action Committee with a term to expire on December 31, 2007, and, be it further RESOLVED, That Richard Ferrel be reappointed to the Affirmative Action Committee with a term to expire on December 31, 2007, and, be it further RESOLVED, That Nancy Bereano be appointed to the Affirmative Action Committee with a term to expire on December 31, 2006, and, be it further Bicycle Pedestrian Advisory Council: RESOLVED, That Jennifer Dotson be reappointed to serve on the Bicycle Pedestrian Advisory Council with a term to expire on December 31, 2007, and, be it further RESOLVED, That Jan Zeserson be appointed to the Bicycle Pedestrian Advisory Committee with a term to expire on December 31, 2007, and, be it further RESOLVED, That Yael Levitte be appointed to the Bicycle Pedestrian Advisory Committee with a term to expire on December 31, 2007, and, be it further January 5, 2005 19 Board of Appeals on Building Code: RESOLVED, That Mick LoPinto be reappointed to the Board of Appeals on Building Code with a term to expire on December 31, 2007, and, be it further Board of Zoning Appeals: RESOLVED, That Kenneth Reardon be reappointed to the Board of Zoning Appeals with a term to expire on December 31, 2007, and be it further Civil Service Commission: RESOLVED, That Arlene Richardson be reappointed to the Civil Service Commission with a term to expire December 31, 2010, and, be it further Commons Advisory Board: RESOLVED, That Jennifer Dotson be reappointed to the Commons Advisory Board as the Board of Public Works liaison with a term to expire on December 31, 2007, and, be it further Community Police Board: RESOLVED, That Daniel Whispell be reappointed to the Community Police Board with a term to expire on December 31, 2007, and, be it further RESOLVED, That Kerry Flannery be appointed to the Community Police Board with a term to expire on December 31, 2006, and, be it further RESOLVED, That Satomi Hill be appointed to the Community Police Board with a term to expire on December 31, 2005, and, be it further Conservation Advisory Council: RESOLVED, That Michael Culotta be reappointed to the Conservation Advisory Council with a term to expire on December 31, 2008, and, be it further RESOLVED, That Gregory Thomas be reappointed to the Conservation Advisory Council with a term to expire on December 31, 2007, and, be it further RESOLVED, That Paul Salon be reappointed to the Conservation Advisory Council with a term to expire on December 31, 2007, and, be it further Disability Advisory Council: RESOLVED, That David McElrath be reappointed to the Disability Advisory Council with a term to expire on December 31, 2007, and, be it further RESOLVED, That Erin M. Sember be appointed to the Disability Advisory Council with a term to expire on June 30, 2005, and, be it further Examining Board of Electricians: RESOLVED, That Robert Sparks be reappointed to the Examining Board of Electricians with a term to expire on December 31, 2007, and, be it further Examining Board of Plumbers: RESOLVED, That Jack R. Bacon be reappointed to the Examining Board of Plumbers with a term to expire on December 31, 2007, and, be it further RESOLVED, That Karl Brenzo be reappointed to the Examining Board of Plumbers with a term to expire on December 31, 2007, and, be it further Housing Board of Review: RESOLVED, That John Barradas be reappointed to the Housing Board of Review with a term to expire on December 31, 2007, and, be it further RESOLVED, That Annemarie Zwack be appointed to the Housing Board of Review with a term to expire on December 31, 2007, and, be it further January 5, 2005 20 Natural Areas Commission: RESOLVED, That Sarah Steuteville be reappointed to the Natural Areas Commission with a term to expire on December 31, 2007, and, be it further Parks Commission: RESOLVED, That Dan Krall be reappointed to the Parks Commission with a term to expire on December 31, 2007 and, be it further RESOLVED, That Richard Manning be reappointed to the Parks Commission with a term to expire on December 31, 2007, and, be it further RESOLVED, That Daniel Klein be appointed to the Parks Commission with a term to expire on December 31, 2005, and, be it further Pegasys Access Oversight Committee: RESOLVED, That Will Burbank be reappointed to the Pegasys Access Oversight Committee with a term to expire on December 31, 2007, subject to confirmation by the Town of Ithaca, and, be it further RESOLVED, That Wayles Browne be reappointed to the Pegasys Access Oversight Committee with a term to expire on December 31, 2007, and, be it further Planning & Development Board: RESOLVED, That Jane Marcham be reappointed to the Planning and Development Board with a term to expire on December 31, 2007, and, be it further RESOLVED, That Jennifer Dotson be reappointed to the Planning and Development Board as the Board of Public Works Liaison with a term to expire on December 31, 2007, and, be it further Rental Housing Commission: RESOLVED, That Pam Zinder be appointed to the Rental Housing Commission with a term to expire on December 31, 2007, and, be it further RESOLVED, That Sharon Marx be appointed to the Rental Housing Commission with a term to expire on December 31, 2007, and, be it further RESOLVED, That David Breedan be appointed as Chairman of the Rental Housing Commission for 2005, and, be it further Shade Tree Advisory Committee: RESOLVED, That Kathleen Sprague be reappointed to the Shade Tree Advisory Committee with a term to expire on December 31, 2007 and, be it further RESOLVED, That Monika Roth be reappointed to the Shade Tree Advisory Committee with a term to expire on December 31, 2007, and, be it further RESOLVED, That Daniel Klein be appointed to the Shade Tree Advisory Committee with a term to expire on December 31, 2006, and, be it further Youth Bureau Board: RESOLVED, That William Murphy be reappointed to the Youth Bureau Board with a term to expire on December 31, 2007, and, be it further RESOLVED, That Joan Spielholz be reappointed to the Youth Bureau Board with a term to expire on December 31, 2007, and, be it further RESOLVED, That Lisa M. Shaffer be appointed to the Youth Bureau Board with a term to expire on December 31, 2005. Carried Unanimously January 5, 2005 21 Alderperson Tomlan thanked the many people who live outside of the city and volunteer their services to these boards and committees. REPORTS OF COMMON COUNCIL LIAISONS: Off Campus Housing Task Force Alderperson Taylor reported that meetings of the Off Campus Housing Task Force are going well, and a report is expected at the next meeting. The Task Force will be meeting in City Hall in February, 2005. TCAT Board Alderperson Whitmore reported that the interviews for the General Manager position for TCAT, Inc. are going well, and they hope to appoint someone by the end of January or early February. Recreation Partnership Board Mayor Peterson reported that Alderperson Korherr has agreed to be the new Common Council Liaison to the Recreation Partnership Board, and the Youth Bureau Board. In order for her to complete these tasks, she will need to be replaced as the Common Council Liaison to the Bicycle Pedestrian Advisory Council. REPORT OF CITY CLERK: City Clerk Holcomb read the following Public Hearing Notice for the record: “The Ithaca Urban Renewal Agency (IURA) will hold a Public Hearing at 8:30 a.m., Thursday, January 20, 2005 in Common Council Chambers at City Hall, 108 E. Green Street, Ithaca, NY. This Public Hearing is the first of two public hearings scheduled to review the City of Ithaca’s 2005 Community Development Block Grant (CDBG) and Home Investment Partnership Programs (HOME) Annual Action Plan. This first hearing is intended to obtain the views of citizens on the highest housing and non-housing community needs and the activities to address these needs. Activities eligible for funding may include projects for housing, public facilities, public service and economic development and must benefit the City of Ithaca’s low and moderate income population. Written comments may be submitted to the IURA, 108 E. Green Street, Ithaca 14850 by 8:30 a.m. January 18, 2005. For information contact the IURA at (607)-274-6553. The meeting location is fully accessible. If you have a disability and require accommodations in order to fully participate at the meeting please contact the IURA at 274-6553 at least 48 hours prior to the meeting.” REPORT OF CITY CONTROLLER: City Controller Thayer reported on the following items: The City is selling $21 million dollars worth of Bond Anticipation Notes – Moody’s has re-rated the City from AA3 negative outlook, to A1 status. This change is due to the high debt load, including the Cayuga Garage debt, and the fund balance not being on par with a AA3 rating. This downgrade means that the city will pay increased costs for debt service. The city is still one of the top 5 highest rated cities in New York State. There was a sales tax revenue shortfall for 2004, which is projected at $175,000 to $200,000. Year-end activities are in progress. January 5, 2005 22 The financial summary report should be available within the next couple of days. Alderperson Coles thanked City Controller Thayer for all of the work he does, and the advisement he offers to Council members. REPORT OF CITY ATTORNEY: City Attorney Luster reported that the Same Sex Marriage case will be going to court in Elmira on January 13, 2005, and the Red Bud Woods case will be going to court in Albany on January 11, 2005. ADJOURNMENT: On a motion the meeting adjourned at 9:45 p.m. ______________________________ _______________________________ Julie Conley Holcomb, CMC Carolyn K. Peterson, City Clerk Mayor