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HomeMy WebLinkAboutMN-CC-2006-06-07COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 7:00 p.m. June 7, 2006 PRESENT: Mayor Peterson Alderpersons (10) Coles, Seger, Berry, Clairborne, Tomlan, Zumoff, Gelinas, Townsend, Cogan, Korherr OTHERS PRESENT: City Clerk – Conley Holcomb City Attorney – Hoffman City Controller – Thayer Planning and Development Director – Van Cort Community Development Director – Bohn Superintendent of Public Works – Gray Human Resources Director – Michell-Nunn Building Commissioner – Radke City Planner – Nicholas PLEDGE OF ALLEGIANCE: Mayor Peterson led all present in the Pledge of Allegiance to the American Flag. ADDITIONS TO OR DELETIONS FROM THE AGENDA: Community and Neighborhood Services Committee: Alderperson Korherr requested the addition of Item 10.1 – Update on Taxi Operations Review Committee PROCLAMATIONS/AWARDS: Mayor Peterson proclaimed June 6, 2006 Hunger Awareness Day in the City of Ithaca, and June 23, 2006 as Cuba Friendship Day in the City of Ithaca. SPECIAL PRESENTATIONS BEFORE COUNCIL: Tompkins County First District Representative, Pamela Mackesey, reported on the following issues: - T.C. Scenic Resources Inventory – a series of meetings are being conducted to gather information on how to best use and preserve the 14 natural focus areas; there are three areas located in the City – Cascadilla Creek, Six Mile Creek, and Fall Creek. - Real property taxation exemptions – 70.8% of City property is tax exempt which is the 2nd highest rate in New York State. Tompkins County has the highest rate of tax-exempt property in the State. - County Legislature challenges Common Council to a Dragon Boat race at the July festival. Terry Plater, Chair of Public Art Commission, spoke in support of Item 12.1 and reported on the progress of the Commission. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: Doria Higgins, Town of Ithaca, addressed Council regarding dog park concerns. She requested that the area be left for use by everyone; not just dog owners. Joel Harlan, Town of Newfield, thanked the Mayor for the proclamation for Hunger Awareness Day and stated that elected officials should spend more time at Loaves & Fishes and the Friendship Center. June 7, 2006 2 Neil Oolie, City of Ithaca, thanked Council for their hard work on behalf of the community. He further commented on the Independence Day holiday and encouraged people to read the Declaration of Independence. Michael Culotta, City of Ithaca, and Chair of Conservation Advisory Council, announced that a boat tour of the Cayuga Inlet has been arranged for Sunday, June 11, 2006 at 2:30 p.m. to discuss sedimentation and dredging issues. Alderperson Berry arrived at the meeting at 7:35 p.m. Fay Gougakis, City of Ithaca, addressed Council regarding a recent article on the use of tasers by police. She concurred with Doria Higgins and her concerns regarding the dog park issues and recalled a recent dog bite incident. She further commented on aggressive driving, speeding, and cell phone use by motorists in the City. Rebecca Elgie, City of Ithaca, voiced her support for the Health Care Resolution and stated that there is a new movement to try and get cities behind the national movement regarding health care for all. Bernie Fetterly, City of Ithaca, voiced his support for the Health Care Resolution. Frances Helmstadter, City of Ithaca, voiced her support for the Health Care Resolution John Graves, City of Ithaca, addressed Council regarding the Cayuga Green Project, and noted that there are many questions that the public needs answers to. PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR: Alderperson Coles responded to comments made regarding the Health Care Resolution and the local relevance to the National/World state of affairs. She stated that the cost of the war in Iraq so far is $300 billion and that money has not provided financial assistance to the people of Iraq. Tompkins County’s share of the cost of the war is $108 million, which could have been used to address grave national needs such as hunger, housing, and health care. These costs are exclusive to the costs of the lives lost in Iraq. Alderperson Korherr thanked the speakers for their comments. She further thanked the Ithaca Police Department Traffic Unit for their work on the revisions to the Taxi Ordinance. She stated that she would work with them as well to address the speeding issues. Alderperson Korherr further stated that she would work on finding the answers to Mr. Graves’ questions regarding the Cayuga Green project. Alderperson Zumoff responded to comments regarding the Boat Tour of the Cayuga Inlet and dredging issues. Alderperson Berry thanked Alderperson Coles for her comments. She is interested in knowing more about the story in the paper regarding the difficulty with getting bids for the construction of the Green Garage. She further noted that there would be a meeting regarding violence in the community at the St. James Zion Church on June 12, 2006 at 7:00 p.m. Alderperson Seger reported that the Federal Marriage Amendment that would prevent marriages between people of the same sex did not pass in the U.S. Senate. He stated that all Same Sex Marriage cases in New York State have been combined, and are in the process of being heard. Alderperson Clairborne, thanked his colleagues for their comments on important issues. He noted the passing of Steve Garner, CEO of Tompkins Trust Company. He further noted that Theresa Grady is out of jail and that two of the St. Patrick’s 4 are back in Ithaca. Alderperson Clairborne reported that Erin Brockovich visited GIAC regarding contamination issues, and will be returning to Ithaca next month to talk to the South Hill Neighborhood Association. He further reported that Youth/Pre-Teen program has moved back into the GIAC building. New York State has temporarily lifted the June 7, 2006 3 suspension of GIAC’s child-care license. He thanked Assemblywoman Lifton for her assistance with licensing issues and also thanked Beverly J. Martin School for hosting the after-school program. He further noted that the GIAC festival would be held Saturday, June 10, 2006. Alderperson Tomlan thanked the Ithaca Fire Department for the challenges they faced in the recent fatal fire. She thanked Michael Culotta for speaking and the invitation to the Boat Tour. She further responded to comments made regarding the Green Garage bid situation and Cayuga Green Project. She stated that the Cayuga Green Project is a complex project that is not “dead in the water.” Mayor Peterson stated that property tax exemption information has been shared with Senator Winner so that the aid to cities formula can be re-vamped. She reported that she would be attending the New York State Conference of Mayor’s (NYCOM) conference next week. She further stated that consistent and constant work is being done on the Cayuga Green Project, and the new Economic Development Director is working hard on these issues. CONSENT AGENDA ITEMS: Youth Bureau Request for Budget Amendment - Resolution By Alderperson Zumoff: Seconded by Alderperson Berry WHEREAS, the Ithaca Youth Bureau has been advised by the Tompkins County Workforce Investment Board of new funding in the amount of $79,452 for the development of a Summer TANF Employment Program (Temporary Assistance for Needy Families), and WHEREAS, the new program will provide short-term subsidized internships for 50 TANF eligible teens needing assistance in securing summer employment with priority to teens 14-16 years old and first time workers; now, therefore be it RESOLVED, That Common Council hereby amends the 2006 Youth Bureau Budget in an amount not to exceed $79,452 as follows: Increase revenue account: A 7310-4820-1202 Federal Aid Youth (YES) $78,386 A 7310-4820-1400 Federal Aid Youth (Admin) $1,066 $79,452 Increase expense account: A 7310-5120-1202 Hourly P/T & Seasonal (YES) $63,583 A 7310-5120-1400 Hourly P/T & Seasonal (Admin) $690 A 7310-5435-1202 Contractual (YES) $4,000 A 7310-5445-1202 Travel (YES) $641 A 7310-5460-1202 Program Supplies (YES) $800 A 7310-5460-1400 Program Supplies (Admin) $300 A7310-9030 FICA/Medicare $4,917 A7310-9040 Workers’ Comp $4,521 $79,452 Carried Unanimously 9-0 (Alderperson Korherr absent from vote) Request to Increase Hours of GIS and Quantitative Methods Planner - Resolution By Alderperson Zumoff: Seconded by Alderperson Berry WHEREAS, it has been determined that there is the need to increase the hours of the Geographic Information Systems and Quantitative Methods Planner in the Planning Department from 20 hours per week to 25 hours per week, and WHEREAS, the current 20 hours per week is not sufficient for the demands of the position to maintain current work flow, respond to on-demand map and GIS analysis requests, participate in coordination with the GIS program, facilitate the upgrades of the website and co-manage the GIS/planning intern; now, therefore be it June 7, 2006 4 RESOLVED, That Common Council hereby amends the 2006 Authorized Planning Department Personnel Roster as follows: Increase Geographic Information and Quantitative Methods Planner from 20 to 25 hours per week and, be it further RESOLVED, That funds necessary for said roster amendment shall be derived within the existing Planning Department Budget, and, be it further RESOLVED, That Common Council hereby transfers an amount not to exceed $3,040 from Account A8020-5105 Admin Salary to Account A8020-5110 Staff Salary for the purposes of said roster changes. Carried Unanimously 9-0 (Alderperson Korherr absent from vote) Request to Amend 2006 GIAC Budget and Roster – Resolution By Alderperson Zumoff: Seconded by Alderperson Berry WHEREAS, the City of Ithaca has recently reassigned the Youth Program Administrator position from the CSEA Administrative Unit to the Executive Association, and WHEREAS, the Youth Bureau position has an equivalent position in the Greater Ithaca Activity Center titled GIAC Program Administrator, and WHEREAS, to maintain consistency and equity it is recommended that the GIAC Program Administrator position be reassigned to the Executive Association, and WHEREAS, the CSEA Administrative Unit has been duly consulted and has no objection; now, therefore, be it RESOLVED, That Common Council hereby amends the 2006 Greater Ithaca Activities Center budget and roster as follows: • Move the GIAC Program Administrator position from the CSEA Administrative Unit to the Executive Association Salary Grade A, and • Amend the roster to increase the hours of this GIAC Program Administrator from 35 hours per week to 40 hours per week effective June 12, 2006, and • Amend the 2006 GIAC budget by transferring an amount not to exceed $3,936.00 from Account # A1990 Unrestricted Contingency to Account # A7311- 5110-1101 GIAC Staff Salaries. Carried Unanimously 9-0 (Alderperson Korherr absent from vote) Amendment to Personnel Rosters – DPW/Streets and Facilities and Police - Resolution By Alderperson Zumoff: Seconded by Alderperson Berry WHEREAS, a vacancy exists in a Custodial Worker position assigned to work at the Ithaca Police Department, and WHEREAS, it is preferable to have this position supervised and employed by the Ithaca Police Department, rather than the Department of Public Works where it is currently authorized, and WHEREAS, the city has been consistently transferring vacant custodial and maintenance positions to the departments at whose worksite the work is performed; now, therefore be it June 7, 2006 5 RESOLVED, That the Personnel Roster of the Streets and Facilities Division of the Department of Public Works be amended as follows: Delete (1) Custodial Worker – Buildings and Grounds (40 hours) and, be it further RESOLVED, That the Personnel Roster of the Ithaca Police Department be amended as follows: Add (1) Custodial Worker (40 hours) Carried Unanimously 9-0 (Alderperson Korherr absent from vote) CITY ADMINISTRATION COMMITTEE: Support of Comprehensive, Single Standard National Healthcare System - Resolution By Alderperson Coles: Seconded by Alderperson Zumoff WHEREAS, the impact of the cost of healthcare on the City of Ithaca’s taxpayers has been considerable and has continued to increase exponentially as is shown by the fact that in the year 2001 the city's cost of healthcare was $3,681,304 and $5,844,000 in the year 2005, and WHEREAS, the percentages of the healthcare costs in relationship to the entire city of Ithaca budget for the last five years have been the following: 2001 9.19% 2002 10.82% 2003 12.48% 2004 11.65% 2005 12.01%, and WHEREAS, enormous and rising profits of insurance companies, HMOs and pharmaceutical companies have resulted in limiting and virtually denying healthcare to as many as 100 million people in the United States, and WHEREAS, the existence of thousands of public and private insurance payers has produced both an unruly bureaucratic system and confusion throughout every aspect of insurance coverage from patients to practitioners, and WHEREAS, healthcare for all is a basic right under the UN Declaration of Human Rights and is a mandate under the U.S. Constitution's call to provide for life, liberty and the pursuit of happiness, and WHEREAS, solutions that are often discussed other than a single payer solution imply limitations, high deductibles and the reduction of health services especially for the poor, the sick and elderly, and WHEREAS, statistics show that the greatest barrier to health is poverty and that inequalities in healthcare diminish not only well-being but also everyone's ability to work and prosper, and WHEREAS, Congressman John Conyers has introduced H.R. 676, the United States National Health Insurance Act, also known as the Expanded and Improved Medicare For All Act, and WHEREAS, H.R. 676 would cover every person in the U.S. for all necessary medical care including prescription drugs; hospital, surgical, outpatient services; primary and preventive care; emergency services; dental and mental health; physical therapy; vision care and long term care among others, without deductibles, and June 7, 2006 6 WHEREAS, a national movement is growing in support of a national single payer system, and, as a result, the number of members of Congress endorsing this bill has tripled in the past year; now, therefore, be it RESOLVED, That the Mayor and Common Council of the City of Ithaca endorse H.R. 676, The United States National Health Insurance Act, and call on the Congress of the United States to pass this bill and begin its implementation swiftly in order to reduce the suffering and dying in our city, our state and our nation, and, be it further RESOLVED, That copies of this resolution be sent to Senators Hillary Clinton and Charles Schumer; to Legislators Barbara Lifton and George Winner and to Congressman Maurice Hinchey. Alderperson Tomlan stated that she echoes the call for a National Health Care System, and agrees that health care should be dis-associated with employment. She stated that she was not able to thoroughly read the bill, so she is not sure what her vote would mean. She noted that she would prefer to abstain from the vote for lack of information as opposed to voting against it. Alderperson Clairborne thanked Alderperson Coles and the others who worked to bring this issue forward. Alderperson Korherr stated her belief that it is important to make a statement for positive change. City Attorney Hoffman reminded Council of their Rules of Procedures concerning abstentions. He stated that Council members should only abstain from a vote in cases where they have a conflict of interest. A vote on the Resolution resulted as follows: Ayes (9) Coles, Seger, Berry, Clairborne, Zumoff, Gelinas, Korherr Cogan, Townsend Nays (0) Abstentions (1) Tomlan Carried 9-0-1 Building Department – Request to Amend the Building Department 2006 Budget and Authorized Personnel Roster - Resolution By Alderperson Coles: Seconded by Alderperson Zumoff WHEREAS, recent increased city development, increased Cornell University building construction projects, and changes to mandatory State inspection cycles have put a heavy work burden on the existing Building Department, and WHEREAS, the Building Department cannot continue to operate effectively with the current staffing levels and work environment, and WHEREAS, a restructuring of the Building Department is being proposed by the Building Commissioner in a phased approach, which will involve new positions, position upgrades, and analysis and changes to work flow operations, and WHEREAS, the current phase of said restructure will include two new positions, one position upgrade, and a contract for a substitute Electrical Inspector at an estimated 2006 net cost of $63,000 including fringes to be offset by increased permit fee revenue and previously encumbered funds, and WHEREAS, the Building Department has generated over $2,000,000 in fees over the past three years and expects another $2,000,000 in fees over the next three years; now, therefore be it RESOLVED, That Common Council hereby authorizes the following amendments to the Building Department Personnel roster effective June 12, 2006: June 7, 2006 7 Add: One (1) Building Inspector - 40 hours One (1) Deputy Building Commissioner - 40 hours and, be it further RESOLVED, That Common Council hereby amends the 2006 Building Department budget as follows for the purpose of restructuring the Building Department: Increase Revenue Account: A3620-2555 Building Permits (Additional Revenue Collection) $63,000 Increase Appropriation Accounts: A3620-5105 Admin. Salaries (New Deputy Position) $35,763 A3620-5110 Staff Salaries (New Building Inspector) 3,172 Inspector cost $20,072 less open position savings $9,100 and prior year encumbrance of $7,800 A3620-5425 Office Expense 2,000 A3620-5435 Contracts 0 Substitute Electrical Inspector Contract $7,200 less prior year encumbrances $7,200 A3620-9010 State Retirement 5,356 A3620-9030 FICA/Medicare 3,585 A3620-9040 Workers’ Compensation 2,444 A3620-9060 Health Insurance 10,500 A3620-9070 Dental 180 $63,000 and, be it further RESOLVED, That said new positions will be subject to appropriate work load needs and permit fee funding sources. Alderpersons Coles and Zumoff spoke in favor of this resolution. A vote on the Resolution resulted as follows: Carried Unanimously Green Street Parking Garage Bid - Report Alderperson Coles reported that no bids were received for the demolition of the bridges helix, and center section of the Green Street Garage, however other portions of the bid were received that included plumbing, HVAC, and electrical. She noted that this is a difficult project that includes working over a State highway to disassemble a post- tension bridge and helix. Hunt Engineering will be analyzing the project and instructing the city as to what its next steps should be. More information on this project will follow. COMMUNITY & NEIGHBORHOOD SERVICES COMMITTEE: Taxi Operations Sub-Committee – Report: Alderperson Korherr reported that the sub-committee meets every other Tuesday and has conducted research and comparisons of how other cities regulate taxis. The sub- committee would like to remove the rate charges for individual items, and would also like to develop a passenger Bill of Rights. The City Attorney’s Office is working on revisions to the enforcement section of the legislation. Other possible changes include the use of meters, and requirements to incorporate hybrid vehicles into the fleet management. June 7, 2006 8 PLANNING, ECONOMIC DEVELOPMENT, AND ENVIRONMENTAL QUALITY COMMITTEE: Acceptance of Sculpture for the Ithaca Commons – Resolution By Alderperson Tomlan: Seconded by Alderperson Zumoff WHEREAS, the donation, by the law office of LoPinto, Schlather, Solomon & Salk, of a life-size sculpture created by Roberto Bertoia bearing the title “Child of Ithaca, Citizen of the World” has been proposed for the Ithaca Commons, and WHEREAS, this sculpture is intended to capture, in the donor’s words, “that rare combination of confidence, inquisitiveness, vision, adventure, optimism, generosity and humor that marks the global citizens of Ithaca,” and WHEREAS, the installation of this sculpture is proposed to be at a site on the Commons in the area west of the Bernie Milton Pavilion and east of the flagpole in the vicinity of a tree and lamp post on the northerly side of that area, and WHEREAS, this work is appropriate for public art and will, in its form and location, enhance the aesthetic character of the Commons, and WHEREAS, the receipt of this sculpture, and its installation, are at no cost to the City, and WHEREAS, the proposed siting of this sculpture will not interfere with any utilities or other long-term uses of the Ithaca Commons in the area proposed, and WHEREAS, the Board of Public Works has approved of the receipt, installation and siting of this sculpture, and WHEREAS, the Public Art Commission has recommended the acceptance of this gift, and WHEREAS, the donor and the artist have negotiated with the City the terms of an agreement as to the form, delivery, installation, and maintenance of the sculpture, and the rights and obligations of the parties with regard to it; now, therefore, be it RESOLVED, That the Common Council, on behalf of the City of Ithaca, does hereby accept the donation of this sculpture, contingent upon the execution of a written agreement among the City, the donor and the artist which memorializes the terms negotiated to date, in a form acceptable to the City Attorney, and be it further RESOLVED, That the Mayor of the City of Ithaca be and hereby is authorized to sign such an agreement among the City, the donor and the artist. Carried Unanimously 8-0 (Alderpersons Townsend and Gelinas absent from vote) Environmental Protection Fund Grant Application – Resolution By Alderperson Tomlan: Seconded by Alderperson Cogan WHEREAS, the New York State Department of State has announced the availability of grant applications under the Environmental Protection Fund’s Local Waterfront Revitalization Program, and WHEREAS, Common Council is desirous of submitting an application to conduct the Planning and Design Phases of the project to dredge the lower reaches of the Cayuga Inlet, the Flood Control Channel, Fall Creek, Cascadilla Creek, and Six Mile Creek, including evaluating the beneficial use of the dredge spoils to create a protective wetland edge in Cass Park and to create additional wetlands and parkland at Stewart Park, and June 7, 2006 9 RESOLVED, That H. Matthys Van Cort, as Director of Planning & Development for the City of Ithaca, is hereby authorized and directed to file an application for funds from the New York State Department of State in accordance with the provisions of Title 11 of the Environmental Protection Act of 1993 in an amount not to exceed $133,178.00, and upon approval of said request to enter into and execute a project agreement with the State for such financial assistance to the City of Ithaca for the Planning and Design Phases of the project to dredge the lower reaches of the Cayuga Inlet, the Flood Control Channel, Fall Creek, Cascadilla Creek, and Six Mile Creek, and be it further RESOLVED, That the local share of this grant application will be derived from City of Ithaca financing and in-kind services. Amending Resolution: By Alderperson Tomlan: Seconded by Alderperson Korherr RESOLVED, That a third “Whereas” clause be added to read as follows: “WHEREAS, the planning for such dredging and search for funding were identified among the Department of Planning and Development’s priority projects for 2006, as approved by Common Council on April 5, 2006; now, therefore, be it” Ayes (7) Coles, Seger, Berry, Tomlan, Gelinas, Cogan, Korherr Nays (0) Abstentions (1) Clairborne Carried 7-0-1 (Alderpersons Townsend and Zumoff absent from vote) Main Motion As Amended A vote on the Main Motion as amended resulted as follows: Carried Unanimously Disposition of Parcel B of 502 First Street (Drop-In Children’s Center) - Declaration of Lead Agency – Resolution By Alderperson Tomlan: Seconded by Alderperson Cogan 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 state and local 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 Drop-In Center, Inc. proposes to convey approximately 2,302 square feet of land to the City of Ithaca and lease back such land at no additional rent from the Ithaca Urban Renewal Agency (IURA), and WHEREAS, the land proposed to be conveyed to the City of Ithaca is a subdivided portion of 502 First Street (Tax Parcel #25.-4-2) shown as Parcel B on the Subdivision Map – No. 502 First Street, dated 12/13/2005, prepared by T.G. Miller P.C., and WHEREAS, the proposed action is for the City of Ithaca to accept ownership of the land, transfer a leasehold interest in the land acquired to the IURA, and approve an IURA-proposed lease amendment with the Drop-In Center, Inc. following a public hearing held on the issue no less than 10 days after publication of a legal notice describing the proposed property disposition, and WHEREAS, this proposed action is an Unlisted Action under both the City of Ithaca Environmental Quality Review Ordinance and the State Environmental Quality Review Act; now, therefore, be it RESOLVED, That the City of Ithaca Common Council does hereby declare itself Lead Agency for the environmental review of the proposed disposition of Parcel B of 502 First Street (part of Tax Parcel #25.-4-2) to the Drop-In Center, Inc. June 7, 2006 10 Alderperson Tomlan explained that the parcel being sub-divided is located on the corner of Adams and First Streets and will be used as a play area for the Drop-In Children’s Center. The house portion of the property has already been sold. A vote on the Resolution resulted as follows: Carried Unanimously Disposition of 530 W. Buffalo Street (Recycle Ithaca’s Bicycles - RIBs) - Declaration of Lead Agency – Resolution By Alderperson Tomlan: Seconded by Alderperson Clairborne 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 state and local 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, Recycle Ithaca’s Bicycles (RIBs), a program of the Southside Community Center, Inc. seeks to lease the City-owned former pump station building and property located at 530 W. Buffalo Street for the RIBs program, and WHEREAS, the 530 W. Buffalo Street property is approximately 4,450 square feet in size and includes an approximately 1,050 square-foot vacant, one-story building, and WHEREAS, on April 19, 2006 the City of Ithaca Board of Public Works authorized a short-term lease agreement for RIBs to use the pump station building for up to six months and requested City staff to develop a long-term resolution of the issue for their consideration, and WHEREAS, the proposed action to respond to the Board of Public Works request is for the City of Ithaca to declare the property surplus, transfer a leasehold interest in the property to the Ithaca Urban Renewal Agency (subject to municipal utility easements), and approve an IURA-proposed lease with Southside Community Center, Inc. for RIBs use of the 530 W. Buffalo Street property, and WHEREAS, this proposed disposition of property is an Unlisted Action under both the City of Ithaca Environmental Quality Review Ordinance and the State Environmental Quality Review Act; now, therefore, be it RESOLVED, That the City of Ithaca Common Council does hereby declare itself Lead Agency for the environmental review of the proposed lease disposition of the 530 W. Buffalo Street property for use by RIBs. Alderperson Berry stated that she was happy to see the activity and proposed improvements to the property and supports the resolution. Alderperson Clairborne stated that he has concerns for the neighboring property owner regarding screening, etc. Alderperson Tomlan stated that this is a good opportunity for a new use of city property, but voiced her concern about the busy streets nearby (Buffalo/Meadow Streets). A vote on the Resolution resulted as follows: Carried Unanimously June 7, 2006 11 Resolution to Endorse the Community Investment Incentive Program as a successor to the Tompkins County Industrial Development Agency’s City of Ithaca Density Incentive Program By Alderperson Tomlan: Seconded by Alderperson Seger WHEREAS, on July 5, 2000, the Common Council unanimously requested that the Tompkins County Industrial Development Agency (IDA) undertake a program to provide financial incentives for development of multi-story buildings within a density target area encompassing the downtown central business district, the West State Street corridor, the West End, and Inlet Island, and WHEREAS, on September 20, 2001, the IDA amended its “Mission, Policies and Procedures” to establish the “City of Ithaca Density Incentive Program” providing incentives for multi-story development projects within the density target area, and WHEREAS, since adoption of the density incentive program, the IDA has approved incentives for the following multi-story projects:  Seneca Place on the Commons  Gateway I  Island Health & Fitness  Gateway II  Cayuga Green, and WHEREAS, the program has been in operation for five years and is now undergoing review by the IDA, and WHEREAS, the Ithaca Downtown Partnership's Downtown Ithaca Development Strategy: 2000 to 2010 (IDP Strategic Plan) calls for the development of multi-story housing and other mixed-use projects in the central business district as a means to achieve an economically successful and vital downtown, and WHEREAS, the City of Ithaca Common Council has, by resolutions dated May 2, 2001, and March 3, 2004, strongly endorsed the IDP Strategic Plan, and WHEREAS, the Tompkins County Comprehensive Plan refers to goals to "strengthen and enhance the City of Ithaca's downtown area as the urban center of the county," and "increase the amount and density of housing and business space in the central business districts throughout the county," and WHEREAS, the City of Ithaca Common Council has, by resolution dated December 1, 2004, expressed its support for the Tompkins County Comprehensive Plan, and WHEREAS, the Common Council supports increased density in the downtown and other core areas of the city for its contribution to sustainability, as a means of making efficient use of infrastructure and preventing sprawl, and WHEREAS, the Common Council also supports concentrated development in these areas of the city for its potential to contribute to an enhanced sense of community, and WHEREAS, core urban investment often produces additional benefits and amenities, such as increased property and sales tax revenues, the promotion of public transit and the rehabilitation of historically significant buildings, and WHEREAS, urban projects, when they are consistent with the city’s needs and provide desired community benefits, should be encouraged and assisted, and WHEREAS, the cost of development in urban areas remains substantially greater than in greenfields, including higher land costs, higher property taxes and higher construction costs, often involving complications due to poor soils, constrained sites and limited staging areas, and WHEREAS, many federal assistance programs for housing and urban development have long since disappeared, and June 7, 2006 12 WHEREAS, only two major tools have been available – urban renewal assistance and the Tompkins County IDA’s “City of Ithaca Density Incentive Program” – to assist in the Common Council's goals for its core urban area, and WHEREAS, incentives are needed to close project financing gaps and induce core urban projects to move forward, particularly mixed-use projects involving housing, retail, office space, and entertainment, and WHEREAS, a program delivering partial, temporary tax abatements can provide a tool for the revitalization of the urban core that does not negatively impact the existing tax base, and WHEREAS, it is desirable to have an incentive program that requires all projects to document and demonstrate their need for tax abatements, so that incentives will be reserved only for projects that require them for financial viability; now, therefore, be it RESOLVED, That the City of Ithaca Common Council finds that an IDA density incentive program can provide a vital tool to strengthen and enhance the core areas of the city and other Tompkins County communities with new housing and mixed-use developments, thereby combating sprawl, and be it further RESOLVED, That the Common Council does hereby endorse continuation of an IDA program of local tax abatements as a tool for encouraging appropriate real estate and business investment in the urban core of the city, and be it further RESOLVED, That the geographic area within the City of Ithaca to be targeted under this program should be the area targeted under the IDA’s existing Density Incentive Program, encompassing the downtown business district, the West State Street corridor, the West End, and Inlet Island, and be it further RESOLVED, That the City of Ithaca Common Council requests that the Tompkins County Industrial Development Agency (IDA) establish the “Community Investment Incentive Program,” whereby proposed developments and their benefits to the city may be endorsed by the Common Council and recommended by the Mayor to the IDA as eligible for tax abatements, to wit: THAT the City will provide potential developers with the “Community Investment Incentive Program” guidelines, which outline the process and include a list of benefits that the Common Council deems important, and THAT a developer will submit a request for Common Council’s endorsement of a project, which will include a description of benefits that the project will provide to the community, and THAT community members will have opportunities to view and comment on a project during an initial public presentation and a subsequent public hearing, and THAT if the Common Council finds a project to be acceptable and in compliance with the “Community Investment Incentive Program” guidelines, the Council will pass a resolution authorizing the Mayor to recommend to the IDA that the project be considered eligible for tax abatements, and THAT said project shall be subject to the Site Plan Review, Design Review and Zoning requirements applicable to all projects in the program target area, and THAT the Common Council may review annually the project’s expected performance and provision of community benefits, and be it further RESOLVED, That the Common Council hereby requests that the projects considered for tax abatements under the Community Investment Incentive Program be reviewed by the IDA solely on the basis of their financial need and not on their expected community benefit, which will have been established and endorsed by the Common Council, and be it further June 7, 2006 13 RESOLVED, That the Common Council hereby requests that the IDA grant tax abatements to projects that are so endorsed, and that the IDA review annually the financial performance of projects granted abatements and reduce abatements for projects that show a reduced need, and be it further RESOLVED, That the Common Council will review and possibly revise the Design Review process, and will explore the creation of downtown design guidelines. Alderperson Tomlan explained that a lot of work and input from the public has been included in this Resolution. She stated that if the resolution is adopted, she would ask Alderpersons Seger, Cogan, and Gelinas to continue work in “fleshing out” the remainder of the system. Alderperson Gelinas stated that the City should not only be proud of the development of a program, but also how decisions were made during the process. He stated that the City would most likely face future challenges as the system is tested, and that flexibility and change may be needed. Alderperson Seger thanked Alderperson Tomlan for shepherding Council through this process. He stated that he is proud of being a part of the team that developed this tool that was responsive to community needs. Alderperson Clairborne thanked Alderperson Tomlan for her work and stated that he has a certain level of regret for not being able to participate in the process due to the birth of his new daughter. He stated that he thinks this is a good tool, and that the conversations regarding community benefits have been fulfilling, however he still has some reservations about abatements. Alderperson Tomlan thanked everyone who provided input into this process. Mayor Peterson stated that a lot of really good work has been completed and productive conversations with the pubic have taken place. She further stated that this is a strong guideline for her to work with the IDA on, as well as a comprehensive way to look at projects. She thanked everyone for their participation. A vote on the Resolution resulted as follows: Carried Unanimously INDIVIDUAL MEMBER – FILED RESOLUTIONS: Tompkins County Affordable Housing Needs Assessment – Resolution By Alderperson Tomlan: Seconded by Alderperson Cogan WHEREAS, the availability of affordable housing is an essential component of stable communities, and WHEREAS, the availability of affordable housing can make communities attractive to a diversity of residents—owners and renters, young workers and senior citizens, individuals and families, and WHEREAS, the availability of affordable housing has the potential to support economic development by attracting and serving a local workforce, and WHEREAS, the availability of affordable housing in proximity to jobs is important for a sustainable future, and WHEREAS, pressures on the availability of affordable housing in Tompkins County and particularly the City of Ithaca include those exerted by the large proportion of college students with outside housing income, and WHEREAS, commuter surveys have identified a considerable number of the Tompkins County workforce who reside outside the county, and June 7, 2006 14 WHEREAS, the Tompkins County Comprehensive Plan recognized the importance of housing and especially affordable housing in the county, and noted its high cost, the increasing number of households, the substantial number of in-commuters, and the increasing number of seniors citizens, and WHEREAS, the Tompkins County Planning Department has undertaken a study, “Affordable Housing Needs Assessment,” produced by Economic & Policy Resources, Inc., the draft of which presents data on housing conditions related to affordability and recommendations for action, and WHEREAS, the City of Ithaca Common Council concurs with the county’s comprehensive plan in its concern for the availability of affordable housing, but has not had an opportunity to compile a response to the public comment draft of the “Affordable Housing Needs Assessment;” now, therefore, be it RESOLVED, That the Common Council expresses it appreciation to the Tompkins County Planning Department for undertaking this “Affordable Housing Needs Assessment,” and be it further RESOLVED, That members of Common Council will individually contribute their comments to the Tompkins County Planning Department and look forward to continued opportunities for discussion and potential action on this important matter. Alderperson Tomlan explained the intention of the resolution, Amending Resolution: By Alderperson Zumoff: Seconded by RESOLVED, That the last Whereas clause and the last Resolved clause be amended to read as follows: “WHEREAS, the City of Ithaca Common Council concurs with the county’s comprehensive plan in its concern for the availability of affordable housing, now, therefore, be it RESOLVED, That members of Common Council will look forward to continued opportunities for discussion and potential action on this important matter.” Motion Failed for lack of A second Alderperson Korherr left the meeting at 9:30 p.m. Alderperson Zumoff stated that he supports the concept in principle, but has problems with the wording of the resolution. A vote on the Resolution resulted as follows: Ayes (8) Coles, Seger, Berry, Clairborne, Tomlan, Gelinas, Townsend Cogan Nays (1) Zumoff Abstentions (0) Carried (8-1) Resolution to Adopt 2007 Public Education Government (PEG) Access Studio Capital Budget By Alderperson Seger: Seconded by Alderperson Cogan WHEREAS the Franchise Agreement between Time Warner Entertainment and the City of Ithaca signed in 2003 authorizes Time Warner Entertainment to collect $0.15 per subscriber per month to be used for the purchase of equipment for the PEG Access Studio; and June 7, 2006 15 WHEREAS the total capital budget for the life of the ten-year agreement was estimated to be $200,000 and the working practice has been to divide the capital budget into allotments of approximately $20,000/year; and WHEREAS the Franchise Agreement outlines the creation of an Access Oversight Committee which shall be responsible for approving the timing, use and amount of PEG access equipment acquired each year over the term of the agreement; and WHEREAS the Access Oversight Committee has approved a 2007 capital budget in the amount of $20,468.80; and WHEREAS the Franchise Agreement states that participating municipalities, including the City of Ithaca, must adopt the annual PEG Access Studio budget by June 30 of the preceding year; now therefore be it RESOLVED, That Common Council adopts the 2007 PEG Access Studio budget as approved by the Access Oversight Committee. Alderperson Seger stated that the Time Warner Franchise Agreement has been in place for 3 years, and this is the first time that Common Council has seen a proposed budget. The access studio is looking to purchase a fully digital playback system with camcorder and camera for ease of off-site shooting of Ithaca City School District Board meetings. Alderperson Cogan stated that he was a former member of the Cable Access Oversight Committee and he is pleased to see this budget. He stated that Lauren Stefanelli, PEG Studio Manager, does a great job in budgeting and he is looking forward to having school board meetings broadcast. A vote on the Resolution resulted as follows: Carried Unanimously (9-0) MAYOR’S APPOINTMENTS: Board of Fire Commissioners: By Alderperson Berry: Seconded by Alderperson Cogan RESOLVED, That Steven Williams be reappointed to the Board of Fire Commissioners with a term to expire June 30, 2009, and be it further Civil Service Commission RESOLVED, That Catherine Thompson be reappointed to the Civil Service Commission with a term to expire June 30, 2012, and be it further Disability Advisory Council RESOLVED, That Larry Roberts be reappointed to the Disability Advisory Council with a term to expire June 30, 2009, and be it further RESOLVED, That Christin Bonacci be reappointed to the Disability Advisory Council with a term to expire June 30, 2009, and be it further RESOLVED, That John Ortiz be reappointed to the Disability Advisory Council with a term to expire June 30, 2009, and be it further Public Art Commission RESOLVED, That Sally Grubb be reappointed to the Public Art Commission with a term to expire June 30, 2009, and be it further RESOLVED, That Amaechi Okigbo be reappointed to the Public Art Commission with a term to expire June 30, 2009. June 7, 2006 16 Alderperson Berry stated that these are great people and thanked the Mayor for making such great appointments. A vote on the Resolution resulted as follows: Carried Unanimously REPORTS OF COMMON COUNCIL LIAISONS: IURA Alderperson Clairborne reported that the Housing and Urban Development staff from Buffalo has been in to visit and audit the administration of programs through the Ithaca Urban Renewal Agency concerning the new entitlement community HOME fund. He stated that the IURA has approved the re-structuring of a loan with Mountain Edge Outfitters, and have been working on the Cayuga Garage and Inlet Island projects. Dragon Boat Festival Alderperson Coles reported that the City has been challenged by the County to compete in the Dragon Boat Race. Southside Community Center Alderperson Berry solicited for volunteers for a “community-build” of the Southside Community Center playground. She stated that there would be two shifts to volunteer for, and that childcare will be available. TCAT Alderperson Cogan reported that the TCAT Budget Committee is preparing for the 2007 budget process. The TCAT Board will invite City and County officials to their budget review. He stated that things look better this year with an increase in State and Federal Funding, as well as increased Cornell University donations due to increased ridership. REPORT OF CITY CONTROLLER: City Controller Thayer reported on the following: - Sales tax revenue remains strong at a 13% increase above 2005 collections and at this pace, the city will be $750,000 ahead of budget projections. - Health insurance costs are within budget at $6 million - Overtime costs are only slightly above budget - Parking revenues are slightly below budget - Fine revenues are below budget ($170,000) and may need further adjustments - Fuel costs are $33,000 above budget - Utility costs are $25,000 above budget - 2007 budget preparations have started and budget guidelines are being developed. - The State auditors have been on-site looking at inventories, capital assets, and License agreements - 2003, 2004, and 2005 financial reports are nearly completed MINUTES FROM PREVIOUS MEETINGS: Approval of the April 5, 2006 Regular Common Council Meeting Minutes – Resolution By Alderperson Berry: Seconded by Alderperson Coles RESOLVED, That the minutes of the April 5, 2006 Regular Common Council meeting be approved as published, and be it further June 7, 2006 17 RESOLVED, That the minutes of the May 3, 2006 Regular Common Council meeting be approved as published. Carried Unanimously ADJOURNMENT: On a motion the meeting adjourned at 9:55 p.m. ______________________________ _______________________________ Julie Conley Holcomb, CMC Carolyn K. Peterson, City Clerk Mayor