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HomeMy WebLinkAboutMN-CC-2006-07-05 COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 7:00 p.m. July 5, 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 Superintendent of Public Works – Gray Human Resources Director – Michell-Nunn Transportation Engineer - Logue PLEDGE OF ALLEGIANCE: Mayor Peterson led all present in the Pledge of Allegiance to the American Flag. ADDITIONS TO OR DELETIONS FROM THE AGENDA: City Administration Committee: Alderperson Coles noted that a Substitute Resolution for Item 10.2 – GIAC – Request to Amend 2006 Budget and Authorized Roster had been distributed. Planning, Economic Development, and Environmental Quality Committee: Alderperson Tomlan requested the deletion of Item 9.2 - Adoption of the Determination and Findings and Direction to Publish the Synopsis of those Findings, in Connection with the Acquisition of Easements for the Cayuga Waterfront Trail – Phase 2, in Accordance with the Requirements of the Eminent Domain Procedure Law – Resolution. She explained that the May 1, 2006 public hearing was not properly noticed which is a requirement before this Item can be considered. No Council Member objected PROCLAMATIONS/AWARDS: Mayor Peterson proclaimed July 5, 2006 as “Patricia “Patti” Maybee Day” in the City of Ithaca. SPECIAL PRESENTATIONS BEFORE COUNCIL: Nathan Shinagawa, Tompkins County Legislator for the 4th District, reported on the following topics: - Tompkins County budget deliberations – their goal is to achieve a 0% change in the tax rate, which equates to a $400,000 - $1 million dollar cut in programming - The Tompkins County legislature voted down a cap on gasoline tax as the collection of these funds are helping to off-set the need to increase property taxes. The County has been studying the need for additional buildings to accommodate their programs. The following is a list of proposed new buildings: - New County Health Department - 2008 - Jail/Sheriff Building - 2013 - Center of Government - 2018 The Legislators have also been following the Fair Share/Health Care Coverage discussions very closely. July 5, 2006 2 Kent Johnson, author of the local action plan to reduce greenhouse gases in the City of Ithaca, addressed Council to discuss the following components of the plan: - The Plan focuses primarily on City Government operations - The Goal of the Plan is to reduce greenhouse gas emissions to 20% below the 2001 levels by 2016. To meet this goal the City is investing in renewable energy sources. - The Plan affirms the City’s ongoing commitment to environmental stewardship and climate control. The Mayor stated that she would be setting up a new committee to oversee the implementation phase of this Plan. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: Joel Harlan, Town of Newfield, addressed Council regarding the escalating violence in the City of Ithaca; and the Red Bud Woods plaque. Tom Hanna, City of Ithaca, addressed Council regarding Friends of Newman Golf Course that was formed when the Board of Public Works created a sub-committee to review the future of Newman Golf Course. He stated that he has submitted a petition with 400 signatures in support of enhancements to the Golf Course. Brian Zapf, Seneca County, addressed Council in support of a dog park. He stated that there has been a successful dialog with the Parks Commission in the past; however, the TCDOG group now feels as though they are being ignored by the City. He further stated that they don’t know what the current status of this issue is, and they are not being included in discussions. Maura Stephens, addressed Council in support of the Burmese Democracy Day Resolution, and stated that it would be the first declaration to be made in the Country. Neil Oolie, City of Ithaca, addressed Council regarding the U.S. Constitution, and voiced concerns regarding the electronic voting machines that were on display by the Tompkins County Board of Elections. Fay Gougakis, City of Ithaca, addressed Council to voice her hope for a presentation by Al Gore in Ithaca. She further voiced concerns about speeding and the use of cell phones while people are driving. She voiced her support for a reduction in speed limits to 25 mph. Cynthia Yahn, City of Ithaca, addressed Council regarding the Waterfront Trail and stated that affected property owners were not involved in the process. She asked that the resolution be deferred to the Planning Committee for further discussion. She further stated that the conflict with property owners is not about money, but about parking, liability, maintenance, and public safety. Update on Cayuga Green II Mayor Peterson provided an update on the Cayuga Green Project that included the following: “This is an update to the May 11, 2006 special Common Council meeting. During the last 2 months a great deal of work on the Cayuga Green project has occurred. As you know, the project and its related components are very complex. This is only a brief summary, however, I have requested staff to create a detailed outline and anticipated schedule of the various pieces and decision points of this project. I. Cayuga Green II There have been many musings about this project and its vitality. In fact, the project is alive and well. The developers are currently finalizing their financial arrangements. Ken Schon, Philly DeSarno and Gary Ferguson have been consistently busy showing space in both the Cayuga Garage and the first floor of the proposed new building. There has been active interest for both July 5, 2006 3 locations, and negotiations are underway with at least 6 potential retail or office tenants. Also, the developer has submitted a revised site plan, and it is anticipated that the Planning Board will be considering the requested modifications in the near future. II. Movie theater component At the special Council meeting in May, most Common Council members were in agreement that the City should continue discussions with Seventh Art, Inc., (the not-for-profit organization which operates Cinemapolis and Fall Creek theaters), regarding its interest in being part of the Cayuga Green project. Additionally, many members of the public have indicated their concern over the potential future of these theaters, in relation to the Cayuga Green project. It is now apparent that Regal Cinemas are expanding and updating at Pyramid Mall. As you may recall, the expansion at Pyramid caused the operators of 12-14 screen theaters to be reluctant about a downtown project of that size. Although smaller operators of first run films are still interested in the project, Council suggested that conversations with Seventh Art continue. These conversations have taken place over the last weeks, including Philly DeSarno, Nels Bohn, Ken Schon, and of course significant conversations internal to Seventh Art. What I can report at this time is that the discussions appear to be moving in a very constructive direction including work on a letter of intent. Depending on what happens over the next couple of weeks, I may be calling a special Council meeting later in July to consider supportive action that could be taken by the City. III. Green Garage The new bid opening date is July 11. After the unusual occurrence of no bids for the general construction component of the project, there has been renewed interest. This is partly due to extension of the timeline for completion—now 15 months rather than 12 months. Additionally, bidders likely have a better sense of the next construction cycle, as bids for other projects have been awarded. Also, the city is working hard to resolve issues with Center Ithaca, an immediate neighbor that will be impacted in numerous ways by the demolition and construction. These discussions are going well and it is hoped that resolution of all remaining issues will occur soon.” PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR: Alderperson Cogan responded to concerns raised about speeding. He stated that Sgt. John Norman should be notified of areas of concern so that speed checks could be conducted. He further explained that a task force is working on the request to reduce the speed limit to 25 mph, and he will follow up on status of this issue. He noted that State Representatives need to be approached to garner their support for a proposal that would allow municipalities to reduce speed limits within their jurisdictional boundaries. Alderperson Coles updated Council on the Iraq War. She stated that there are over 100,000 deceased Iraqis, 2,539 deceased soldiers, 273 deceased coalition forces, and 18,356 wounded soldiers to date. The Tompkins County share of the cost of the war is $116 million; and the City of Ithaca’s share is $20.2 million. Alderperson Seger thanked all the speakers for their comments and responded to concerns raised about the Dog Park and people feeling disenfranchised with the process. He stated that the City of Ithaca has a lot of amenities and needs to move on the creation of a dog park. He further reported that the Rental Housing Advisory Commission would be discussing the Exterior Maintenance Ordinance with Landlords at the July 19, 2006 meeting, and with the Building Department staff at the August 16th meeting. He noted that the Rental Housing Advisory Commission is low on tenant representation. July 5, 2006 4 Alderperson Zumoff thanked the speakers for their comments and responded to comments raised regarding the Golf Course and the Dog Park. He encouraged Common Council to act on these issues. Alderperson Townsend reported on the recent stabbing at the playground at GIAC, and voiced his concern about the increased violence in the City. He further voiced concern regarding police response and lack of pro-active enforcement. Alderperson Berry stated that she has been inspired by the huge neighborhood and religious groups response to the escalation of violence in the City. She stated that there are lots of discussions taking place in the community about the violence. She further stated that she would support sending a resolution to elected representatives in Washington who support the end to the War in Iraq. She voiced her support for the Waterfront Trail, and stated that she would do follow-up on concerns raised regarding safety and liability issues. Alderperson Berry thanked everyone who supported neighboring communities that were flooded and stated that she believes that Tioga County should be picked up as a disaster area as well. Alderperson Tomlan stated that the Planning Committee would continue public discussions regarding the Cayuga Waterfront Trail, and noted that the third public hearing would be scheduled soon. She stated that there are misconceptions that need clarification. She further stated that the Parks Commission would be meeting to discuss the dog park on July 18th, and that staff is trying to reach the State Parks office for further information. The Parks Commission’s intention is to bring this issue forth to the Community and Neighborhood Services Committee. Alderperson Korherr thanked Alderperson Tomlan for the Parks Commission update. She further acknowledged the dedication of Maura Stephens on behalf of the Burmese people living in Ithaca. Alderperson Clairborne announced that there would be a Community Forum on violence in the City on July 10, 2006 at the St. James AME Zion Church at 7 p.m. He stated that the City needs a coordinated, proactive response, and that Council needs to set priorities and work with City Departments. He further reported that the new Southside Community Center playground was dedicated during the Juneteenth celebration. He thanked the City and the IURA for their contributions for the playground. He further responded to comments made regarding the Cayuga Waterfront Trail and stated that he was encouraged by the depth of conversations taking place, and noted that good faith negotiations are needed. CONSENT AGENDA ITEMS: GIAC – Request to Amend 2006 Budget for Grant - Resolution By Alderperson Cogan: Seconded by Alderperson Korherr WHEREAS, The Greater Ithaca Activities Center is in need of a larger and better equipped kitchen and renovations to the stage in the gym, and, WHEREAS, GIAC, Inc. has applied for an $80,000 grant from the N.Y S. Community Capital Assistance Program, and, WHEREAS, the funds will be used to relocate the kitchen and renovate the stage, and, WHEREAS, the N.Y. S. Community Capital Assistance Program is a re-imbursement program, and, WHEREAS, GIAC, Inc. is in need of an up front allocation of $80,000 from the City of Ithaca, and, WHEREAS, when the grant is awarded, the Board of Directors of GIAC, Inc. will sign the $80,000 check over to the City of Ithaca, and, July 5, 2006 5 WHEREAS, the Board of Directors of GIAC, Inc., at their June 15, 2006 meeting, approved the grant application, the request for an $80,000 allocation from the City of Ithaca, and agreed to return the $80,000 to the City of Ithaca as soon as the grant funds arrive; now therefore be it, RESOLVED, That the Common Council of the City of Ithaca does hereby amend the 2006 GIAC Budget in an amount not to exceed $80,000 to cover expenditures related to said kitchen relocation and stage renovations, as follows: Increase Revenue Account: A7311-3897 State Aid $80,000 Cultural & Recreation Capital Program Increase Appropriation Account: A7311-5225 Other Equipment/Capital $80,000 and, be it further RESOLVED, That said budget amendment shall be contingent on the approval of the NYS Community Capital Assistance Program Funds, and be it further RESOLVED, That the Board of Directors of the Greater Ithaca Activities Center, Inc. will reimburse the City of Ithaca $80,000 as soon as the grant funds arrive. Carried Unanimously City Chamberlain – Authorization to Accept Credit Cards For Parking Garages - Resolution By Alderperson Cogan: Seconded by Alderperson Korherr WHEREAS, the City of Ithaca wishes to allow patrons to use credit and debit cards to pay for parking in its parking facilities, and WHEREAS, Nova Information Systems provides Merchant services for the acceptance of credit and debit cards; now, therefore be it RESOLVED, That either Steven P. Thayer or Debra A. Parsons is authorized to: A. Execute on behalf of the City of Ithaca, a Merchant Application with Nova Information Systems and any agreements or other necessary documents including any amendments; B. Execute any document requested from time to time that might become necessary in the implementation of this agreement; C. Perform all acts that may be necessary to carry out the intent of the Merchant Application and this resolution and be it further RESOLVED, That the Merchant Application and the resulting relationship is ratified and approved, and be it further RESOLVED, That the entities receiving this Merchant Application are authorized to rely upon this resolution until advised in writing of any authorized changes that might have to be implemented. Carried Unanimously Youth Bureau – Request to Amend 2006 Budget - Resolution By Alderperson Cogan: Seconded by Alderperson Korherr WHEREAS, the Ithaca Youth Bureau has been advised by the Tompkins County Solid Waste Division that they will be receiving $2,080.00 in additional funding for the Computer All Stars Program, and July 5, 2006 6 WHEREAS, this funding will enable the program to expand services; and WHEREAS, the proposed amendment will be budget neutral; now, therefore, be it RESOLVED, That Common Council hereby amends the 2006 Youth Bureau Budget to account for said funding as follows: Increase Revenue Account: A7310-2070-1232 Contribution of Youth – Other Governments Computer All Stars $2,080 Increase Appropriation Account: A7310-5120-1232 Part time/Seasonal $1,825 A7310-9030 FICA/Medicare $ 140 A7310-9040 Workers’ Compensation $ 115 $2,080 Carried Unanimously Finance/Controller – Request to Approve Civil Service Agreement for the Year 2006-2007 - Resolution By Alderperson Cogan: Seconded by Alderperson Korherr RESOLVED, That the Mayor and City Clerk be authorized and directed to execute an agreement between the City of Ithaca and the Ithaca City School District for performance of services by the City in connection with Civil Service matters for the period July 1, 2006 to June 30, 2007 in the amount of $43,164 payable to the City of Ithaca on or before November 1, 2006. Carried Unanimously Finance/Controller – Request to Amend 2006 Budget for Community Celebration Grants - Resolution By Alderperson Cogan: Seconded by Alderperson Korherr WHEREAS, Tompkins County recently notified the City of $5,500 in grant funds from the County to the City for Community Celebration Funds, and WHEREAS, the $5,500 in funds would need to be disbursed to the following organizations/events/projects: GIAC Festival $1,600 Summer Children Carnival $ 900 Rock the Arts $1,000 Latino Heritage Month $2,000 now, therefore, be it RESOLVED, That Common Council hereby accepts the $5,500 in Community Celebrations Grant funds from Tompkins County and amends the 2006 Budget to Increase Revenue Account: A1012-2379 County Contribution Contracts $5,500 Increase Appropriation Account: A1012-5435 Community Service Contract $5,500 Carried Unanimously PLANNING, ECONOMIC DEVELOPMENT AND ENVIRONMENTAL QUALITY COMMITTEE: Adoption of the NYS Local Waterfront Revitalization Program: Cayuga Lake Waterfront Plan - Resolution By Alderperson Tomlan: Seconded by Alderperson Korherr WHEREAS, the City of Ithaca has worked with the Towns of Ithaca, Lansing, and Ulysses and with the Villages of Cayuga Heights and Lansing to prepare a Local Waterfront Revitalization Program (“LWRP”), pursuant to the State Waterfront Revitalization and Coastal Resources Act (Executive Law Article 42), and July 5, 2006 7 WHEREAS, a Local Waterfront Revitalization Program report, dated December 2004, entitled Cayuga Lake Waterfront Plan, was prepared that examines lands and waters along the entire Cayuga Lake waterfront in Tompkins County, and WHEREAS, the NYS Local Waterfront Revitalization Program: Cayuga Lake Waterfront Plan recommends, among others, programs, projects and policies to:  Increase public access to the waterfront through trail development and enhancing waterfront parks;  Control noise from boats and enhance boater safety by strengthening and enforcing boating regulations;  Dredge the navigable sections of the Cayuga Inlet to enhance boat access and maintain flood protection;  Stimulate water-dependent and water-enhanced development in the City of Ithaca; and  Protect and improve the water quality of Cayuga Lake, and WHEREAS, the Town of Lansing Planning Board was the lead agency for the purposes of conducting the environmental review of the Cayuga Lake Waterfront Plan in accordance with the requirements of Part 617 of the implementing regulations for Article 8 of the New York State Environmental Conservation Law, and WHEREAS, the City of Ithaca Planning, Neighborhoods and Economic Development Committee, did on May 18, 2005, review and discuss the Cayuga Lake Waterfront Plan, and WHEREAS, in August 2005, the Tompkins County Planning Department prepared a Plan Update to acknowledge the efforts made by individuals, businesses and municipalities in implementing the plan, which recognized the comments made by planning committee members, and WHEREAS, the Town of Lansing Planning Board, on August 22, 2005, adopted a resolution that made a negative declaration of environmental significance in regard to the adoption of the NYS Local Waterfront Revitalization Program: Cayuga Lake Waterfront Plan, and WHEREAS, to date, the NYS Local Waterfront Revitalization Program: Cayuga Lake Waterfront Plan has been adopted by the Towns of Ithaca and Ulysses and is being considered by the Town of Lansing and the Villages of Lansing and Cayuga Heights; now, therefore, be it RESOLVED, That the City of Ithaca Common Council hereby adopts the NYS Local Waterfront Revitalization Program: Cayuga Lake Waterfront Plan, Final Report, dated December 2004, as a component of the City of Ithaca’s Comprehensive Plan. Carried Unanimously Adoption of the Determination and Findings and Direction to Publish the Synopsis of those Findings, in Connection with the Acquisition of Easements for the Cayuga Waterfront Trail – Phase 2, in Accordance with the Requirements of the Eminent Domain Procedure Law - Resolution This item was withdrawn from the agenda Disposition of Parcel B at 502 First Street - Resolutions Determination of Environmental Significance - Resolution By Alderperson Tomlan: Seconded by Alderperson Cogan WHEREAS, the Drop-In Center, Inc., proposes to convey approximately 2,302 square feet of land to the City of Ithaca (hereinafter “City”) and lease back such land at no additional rent from the Ithaca Urban Renewal Agency (hereinafter “IURA”) through April 30, 2025, and WHEREAS, the land proposed to be conveyed to the City is a subdivided portion of Tax Parcel #25.-4-2, located at 502 First Street and identified as Parcel B on Subdivision July 5, 2006 8 Map – No. 502 First Street, dated 12/13/05, prepared by T.G. Miller P.C. Parcel B is proposed to be consolidated with the City-owned adjacent parcel to the north, Tax Parcel #25.-4-1, of which a portion is currently subleased to the Drop-In Center, Inc., by the IURA through April 30, 2025, and WHEREAS, this is an Unlisted Action under both the New York State Environmental Quality Review Act and the City of Ithaca Environmental Quality Review Ordinance (“CEQRO”), which action requires environmental review, and WHEREAS, on June 7, 2006, the City of Ithaca Common Council declared itself as lead agency in the environmental review on this matter, and WHEREAS, the City of Ithaca Conservation Advisory Council has been given the opportunity to comment on the environmental review as required by CEQRO, and WHEREAS, the City of Ithaca Common Council, acting as Lead Agency in environmental review, has reviewed and accepted as adequate a City of Ithaca Full Environmental Assessment Form Parts 1, and 2; now, therefore, be it RESOLVED, That the City of Ithaca Common Council hereby determines that the proposed above referenced action will result in no significant impact on the environment, and that a Negative Declaration for purposes of Article 8 of the Environmental Conservation Law be filed in accordance with the requirements contained in Part 617 of the State Environmental Quality Review Act. Carried Unanimously Disposition of Parcel B at 502 First Street – Acceptance of Property, Designation of Surplus Property, Transfer of Leasehold interest to IURA - Resolution By Alderperson Tomlan: Seconded by Alderperson Clairborne WHEREAS, the Drop-In Center, Inc., operates the Drop-In Children’s Center, a childcare center primarily serving low- and moderate-income families, located at 506 First Street, and WHEREAS, the Drop-In Children’s Center facility is located on City-owned land leased to the Drop-In Center, Inc., by the Ithaca Urban Renewal Agency (hereinafter “IURA”) through April 30, 2025, and WHEREAS, the Drop-In Center, Inc., acquired 502 First Street as part of their recent expansion project to provide an adequate outdoor play area, and WHEREAS, on August 23, 2005, the Drop-In Center, Inc., subdivided 502 First Street (Tax Parcel #25.-4-2) into two lots, Parcel A being 3,000 square feet, the minimum allowed in the R-2b zoning district, and Parcel B being the remaining portion of 2,303 square feet, and WHEREAS, Parcel A has been conveyed to Ithaca Neighborhood Housing Services, Inc., for construction of a new single-family dwelling to be sold to a low- to moderate- income first-time homebuyer, and WHEREAS, Parcel B is presently used as part of the required outdoor play area for the Drop-In Children’s Center, and WHEREAS, Parcel B contains a garage structure but does not meet minimum size requirements to be a buildable lot in the R-2b zoning district and is appropriate to be consolidated with an adjacent parcel; and WHEREAS, the Drop-In Center, Inc., seeks to convey Parcel B to the City of Ithaca and lease back such land at no additional rent, and WHEREAS, State law generally prohibits a city from the sale or lease of land at less than full market value to a designated end user unless undertaken via an urban renewal agency pursuant to Section 507 of General Municipal Law that authorizes such sale or July 5, 2006 9 lease of property to a qualified and eligible sponsor in furtherance of an urban renewal plan, provided the proposed disposition satisfies the following requirements:  publication of a notice in a newspaper of general circulation disclosing the identity of the proposed buyer or lessee, the proposed use of the property, and essential terms and conditions of the proposed sale or lease, and  a public hearing is held on the proposed property disposition not less than 10 days after publication of the notice, and  approval of the proposed sale or lease by the governing body, and WHEREAS, to accomplish the proposed leaseback of Parcel B to the Drop-In Center, Inc., staff recommends that Parcel B at 502 First Street be conveyed to the City of Ithaca to be consolidated with the adjacent City-owned parcel to the north, Tax Parcel #25.-4-1, and incorporated into the leasehold premises of the IURA which are subleased to the Drop-In Center, Inc., and WHEREAS, the proposed property disposition action requires the City of Ithaca to 1) accept ownership of the land from the Drop-In Center, Inc., 2) declare the land surplus property, 3) transfer a leasehold interest in the land to the IURA, and 4) approve an IURA-proposed lease agreement with the Drop-In Center, Inc. for Parcel B following publication of a notice in the newspaper disclosing the proposed lease terms and conducting a public hearing on the matter, and WHEREAS, environmental review of the proposed action has been completed; now, therefore, be it RESOLVED, That the City of Ithaca Common Council does hereby agree to accept ownership of Parcel B at 502 First Street (an approximately 2,302 square foot portion of Tax Parcel #25.-4-2) as shown on the Subdivision Map – No. 502 First Street, dated 12/13/05, prepared by T.G. Miller P.C., and be it further RESOLVED, That the City of Ithaca Common Council does hereby declare Parcel B of 502 First Street, once it is in City ownership, as surplus property, and be it further RESOLVED, That the City of Ithaca Common Council does hereby authorize transfer of a leasehold interest in Parcel B at 502 First Street to the Ithaca Urban Renewal Agency (IURA) through April 30, 2025, and be it further RESOLVED, That the City of Ithaca Common Council hereby requests that the IURA develop a proposed lease of Parcel B to the Drop-In Center, Inc., for a public hearing, and be it further RESOLVED, That the City of Ithaca Common Council does hereby agree to reimburse the IURA for any expenses directly related to implementing this proposed property disposition, and be it further RESOLVED, That the Mayor is authorized to execute any and all agreements and documents necessary to implement this resolution. Carried Unanimously Adoption of the Local Action Plan: to Reduce Greenhouse Gas Emissions for City of Ithaca Government Operations - Resolution By Alderperson Tomlan: Seconded by Alderperson Zumoff WHEREAS, the City of Ithaca Common Council has demonstrated the desire to protect the environment by passing a resolution to join the International Council for Local Environmental Initiatives (2001), and WHEREAS, the above resolution pledged that the City of Ithaca would “develop and implement a local action plan, which describes the steps the City of Ithaca will take to reduce both greenhouse gas and air pollution emissions,” and July 5, 2006 10 WHEREAS, the City of Ithaca Common Council further demonstrated the desire to protect the environment by passing a resolution to endorse the US Mayors’ Climate Protection Agreement (2005), and WHEREAS, the above resolution pledged that the City of Ithaca would, among other things, “strive to meet or exceed Kyoto Protocol targets for reducing global warming pollution by taking actions in our own operations,” and WHEREAS, one of the initial tasks required of the US Mayors’ Climate Protection Agreement is the development of a local action plan that inventories city greenhouse gas emissions and sets reduction targets, and WHEREAS, the Local Action Plan: to Reduce Greenhouse Gas Emissions for City of Ithaca Government Operations (“Local Action Plan”) describes both the current efforts toward such reductions and recommends future steps, and WHEREAS, the information and strategies outlined in the Local Action Plan will advance the City of Ithaca’s ongoing efforts of environmental stewardship using methods that are economically feasible and socially equitable, and WHEREAS, the Local Action Plan must have the support of the City of Ithaca at all levels of government to be effectively implemented, and WHEREAS, this support can be demonstrated by the City of Ithaca Common Council through the adoption of the Local Action Plan; now, therefore, be it RESOLVED, That the City of Ithaca Common Council hereby adopts the Local Action Plan: to Reduce Greenhouse Gas Emissions for City of Ithaca Government Operations, and be it further RESOLVED, That the Mayor will name a committee composed of City staff and citizens to develop methods of monitoring aspects of the plan implementation and measuring reductions, develop additional recommendations or changes to the plan, and to create a public outreach component. Carried Unanimously CITY ADMINISTRATION COMMITTEE: Finance/Controller – Approval of 2003 City of Ithaca Independent Auditor’s Report - Resolution By Alderperson Coles: Seconded by Alderperson Berry RESOLVED, That the Independent Auditor’s Report for the period of January 1, 2003 through December 31, 2003, prepared by the accounting firm of Ciaschi, Dietershagen, Little and Mickelson, C.P.A.’s, be accepted to comply with all of the city’s applicable Governmental Accounting Standards Board (GASB) Statement 34 and other related audit and single audit requirements. Carried Unanimously GIAC – Request to Amend 2006 Budget and Authorized Roster - Resolution By Alderperson Coles: Seconded by Alderperson Korherr WHEREAS, the Ithaca Urban Renewal Agency awarded grant money in an amount of $141,306 to fund a one year Commercial Driver’s License (CDL) Training Program to the Greater Ithaca Activities Center, and WHEREAS, the grant will allow the funding of the following: Full Time CDL Program Coordinator Position and Benefits Participant Stipends Acquisition of Used Bus Program Fees and Supplies and, July 5, 2006 11 WHEREAS, the IURA Grant is a reimbursement program, and, WHEREAS, GIAC, Inc is in need of an up front allocation of funds not to exceed $141,306 from the City of Ithaca, and WHEREAS, when the grant is awarded, the Board of Directors of GIAC, Inc. will sign the reimbursement check over to the City of Ithaca, and WHEREAS, the one year training program is scheduled to begin in September of 2006 which requires immediate implementation, and WHEREAS, the Coordinator position will report to the Executive Director of the Greater Ithaca Activities Center, and WHEREAS, the funding for the newly established Coordinator Position beyond the first year will be contingent on the receipt of future grant money; now, therefore be it RESOLVED, That Common Council hereby amends the 2006 GIAC Personnel Roster as follows: Add One (1) – Forty (40) hour per week Commercial Driver’s License Program Coordinator position and, be it further RESOLVED, That this position be assigned to the CSEA Administrative Unit at grade 15 and be contingent upon IURA funding, and, be it further RESOLVED, That Common Council does hereby amend the 2006 GIAC Budget in an amount not to exceed $71,675 as follows for the purpose of funding the 2006 portion of said CDL Training Program: Increase Revenue Account: A7311-4989-1161 Federal Aid $71,675 Other Home & Community Increase Appropriation Accounts: A7311-5110-1161 Staff Salaries $13,230 A7311-5215-1161 Vehicles 20,000 A7311-5420-1161 Gas and Oil 2,000 A7311-5425-1161 Office Expense 9,423 A7311-5430-1161 Fees 5,530 A7311-5435-1161 Contracts 13,200 A7311-5460-1161 Program Supplies 1,500 A7311-5476-1161 Equipment Maintenance 1,500 A7311-9030 FICA/Medicare 1,100 A7311-9040 Workers’ Comp 150 A7311-9060 Health Insurance 3,982 A7311-9070 Dental 60 and, be it further RESOLVED, The transfer of the money shall be contingent upon the signing of an Memorandum of Agreement with the GIAC Board of Directors. Carried Unanimously DPW – Engineering – Request to Authorize Mayor to Sign Grant Application - Resolution By Alderperson Coles: Seconded by Alderperson Cogan WHEREAS, the intersections of Route 13 at Third Street and Dey Street are in significant need of pedestrian facility improvements, and July 5, 2006 12 WHEREAS, enhanced pedestrian and bicycle crossings of Route 13 would connect downtown neighborhoods to the city’s waterfront district and its commercial, recreational, natural, educational pedestrian safety, and potential future residential destinations, and WHEREAS, these intersection improvements would greatly promote the use of the planned Cayuga Waterfront Trail as the non-motorized circulation system in and among the city’s various waterfront districts for residents and visitors alike, and WHEREAS, the New York State Department of Transportation has noticed the availability of the federal Transportation Enhancement Program, and WHEREAS, Common Council is interested in applying for a Transportation Enhancement Program grant in order to design and construct improved pedestrian facilities across Route 13 at Third Street and Dey Street and to the Farmers Market and the Cayuga Waterfront Trail; now, therefore be it RESOLVED, That the Mayor of the City of Ithaca, is hereby authorized and directed to submit an application for funding to the New York State Department of Transportation in accordance with the provisions of the Transportation Enhancement Program, in a amount not to exceed $750,000, 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 design, right-of-way acquisition, construction and construction inspection of a project to improve pedestrian crossings of Route 13 at Third Street and Dey Street and connect the city’s sidewalk system to the Farmers Market and the Cayuga Waterfront Trail. Discussion followed on the floor with Transportation Engineer Logue answering questions from Council members. He noted that construction is projected to be completed in 2010. Mayor Peterson acknowledged that the City has been talking about other intersections on Route 13, and in the community. She stated that the City has a need to urbanize highways as we have a 40% pedestrian traffic rate. Alderperson Tomlan stated that she is very enthusiastic about the project because the area around that intersection needs more urban planning to link it to the neighborhood. Alderperson Clairborne stated that he supports the resolution but would like to find temporary traffic calming measures that could be used until the project is completed. A vote on the Resolution resulted as follows. Carried Unanimously Police –Request to Amend Budget for Grant - Resolution By Alderperson Coles: Seconded by Alderperson Zumoff WHEREAS, the Ithaca Police Department has been approved from the State of New York Governor’s Traffic Safety Committee for a $77,800 Tracs – Electronic Ticket and Accident Report Project Grant, and WHEREAS, the Tracs Project will automate traffic tickets and accident reports systems thereby improving traffic records, and WHEREAS, the $77,800 in grant funds will allow for the purchase of ten computers, printer scanner devices, including Tracs software, to be installed in Police vehicles; now, therefore be it RESOLVED, That Common Council hereby amends the 2006 Police Department budget as follows for the purposes of recording said grant: July 5, 2006 13 Increase Revenue Account: A3120-4389 Federal Aid Public Safety $77,800 Increase Appropriation Account: A3120-5225 Other Equipment $77,800 Alderperson Korherr stated that the City would be able to access data from this system and could generate a tremendous amount of information from the system. An additional $12,000 would be needed for the implementation phase of the project. Alderperson Coles stated that this technology would be compatible with equipment being purchased by the County. A vote on the Resolution resulted as follows: Carried Unanimously Request for Funding to Support Juneteenth Celebration - Resolution By Alderperson Coles: Seconded by Alderperson Clairborne WHEREAS, on June 19, 1865, Union soldiers led by Major General Gordon Granger, landed in Galveston, Texas with news that the Civil War had ended and that all slaves were free, and WHEREAS, the Emancipation Proclamation had been issued by President Lincoln two and half years before June 19, 1865 but had been ignored by the State of Texas, and WHEREAS, Juneteenth is the oldest known celebration commemorating the end of slavery as announced by General Granger in the following words: “The people of Texas are informed that in accordance with a Proclamation from the Executive of the United States, all slaves are free. This involves an absolute equality of rights and rights of property between former masters and slaves, and the connection heretofore existing between them becomes that between employer and free laborer.” and WHEREAS, Juneteenth is celebrated throughout the country in hundreds of cities among which is the City of Ithaca, and WHEREAS, this Southside Community Center celebration has requested financial support for this critical community event; now, therefore be it RESOLVED, That Common Council hereby amends the 2006 Community Services Budget by an amount not to exceed $600 for support to the Juneteenth Celebration transferred from Account A1990 Unrestricted Contingency to Account A1012-5435 Community Service Contracts. Alderperson Berry thanked Southside Community Center staff and Board for a great celebration. A vote on the Resolution resulted as follows: Carried Unanimously Common Council – Request Approval of Membership to the Tompkins County Council of Governments (TCCOG) - Resolution By Alderperson Coles: Seconded by Alderperson Korherr WHEREAS, the Tompkins County Intermunicipal Steering Committee has been meeting to discuss ways the local governments could work together to reduce costs to the residents; and July 5, 2006 14 WHEREAS, the Committee discovered that other Counties have created a Council of Governments made up of local government officials as per General Municipal Law; and WHEREAS, the Tompkins County Council of Governments would be an association of local governments organized to provide a forum for discussion and negotiation leading to agreements for more efficient and fiscally responsible delivery of government services, now; therefore be it RESOLVED, That the City of Ithaca desires to be a member of the Tompkins County Council of Governments. Carried 9-0 (Alderperson Tomlan absent from vote) A Resolution Authorizing the Issuance of $720,000 Bonds of the City of Ithaca, Tompkins County, New York, to Pay the Cost of Various Purposes in and for Said City By Alderperson Coles: Seconded by Alderperson Korherr BOND RESOLUTION DATED JULY 5, 2006 WHEREAS, all conditions precedent to the financing of the capital projects hereinafter described, including compliance with the provisions of the State Environmental Quality Review Act, have been performed; and WHEREAS, it is now desired to authorize the financing of such capital projects, now, therefore, be it RESOLVED, by the affirmative vote of not less than two-thirds of the total voting strength of the Common Council of the City of Ithaca, Tompkins County, New York, as follows: Section 1. The following are hereby authorized in and for the City of Ithaca, Tompkins County, New York: a) The purchase and installation of equipment for parking garages, including incidental improvements and expenses in connection therewith, at a maximum estimated cost of $460,000, being a class of objects or purposes having a period of probable usefulness of five years pursuant to subdivision 89 of paragraph a of Section 11.00 of the Local Finance Law based upon subdivisions 32 and 50 thereof; b) The purchase and installation of traffic signals, including incidental improvements and expenses in connection therewith, at a maximum estimated cost of $60,000, being a class of objects or purposes having a period of probable usefulness of twenty years pursuant to subdivision 72(a) of paragraph a of Section 11.00 of the Local Finance Law; and c) The reconstruction of the GIAC Building of said City, including original furnishings, equipment, machinery, apparatus, appurtenances and incidental improvements and expenses in connection therewith, at a maximum estimated cost of $200,000, being a specific object or purpose having a period of probable usefulness of twenty-five years pursuant to subdivision 12(a)(1) of paragraph a of Section 11.00 of the Local Finance Law. Section 2. The total maximum estimated cost of the aforesaid objects or purposes is $720,000, and the plan for the financing thereof is by the issuance of $720,000 bonds of said City hereby authorized to be issued therefore pursuant to the provisions of the Local Finance Law, to be allocated in accordance with the maximum estimated costs set forth in Section 1 hereof; provided, however, that the amount of obligations ultimately to be issued for the object or purpose described in item a of Section 1 hereof will be reduced by any State and/or Federal grants-in-aid to be received by said City for said purpose. Section 3. The faith and credit of said City of Ithaca, Tompkins County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds July 5, 2006 15 becoming due and payable in such year. There shall annually be levied on all the taxable real property of said City, a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable. Section 4. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the bonds herein authorized, including renewals of such notes, is hereby delegated to the City Controller, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said City Controller, consistent with the provisions of the Local Finance Law. Section 5. All other matters except as provided herein relating to the bonds herein authorized including the date, denominations, maturities and interest payment dates, within the limitations prescribed herein and the manner of execution of the same, including the consolidation with other issues, and also the ability to issue bonds with substantially level or declining annual debt service, shall be determined by the City Controller, the chief fiscal officer of such City. Such bonds shall contain substantially the recital of validity clause provided for in Section 52.00 of the Local Finance Law, and shall otherwise be in such form and contain such recitals, in addition to those required by Section 51.00 of the Local Finance Law, as the City Controller shall determine consistent with the provisions of the Local Finance Law. Section 6. The validity of such bonds and bond anticipation notes may be contested only if: Such obligations are authorized for an object or purpose for which said City is not authorized to expend money, or the provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or Such obligations are authorized in violation of the provisions of the Constitution. Section 7. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150-2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 8. This resolution, which takes effect immediately, shall be published in full in the Ithaca Journal, which is hereby designated as the official newspaper of said City for such purpose, together with a notice of the City Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. Alderperson Coles VOTING Aye Alderperson Seger VOTING Aye Alderperson Berry VOTING Aye Alderperson Clairborne VOTING Aye Alderperson Tomlan VOTING Aye Alderperson Zumoff VOTING Aye Alderperson Gelinas VOTING Aye Alderperson Townsend VOTING Aye Alderperson Cogan VOTING Aye Alderperson Korherr VOTING Aye Carried Unanimously A Resolution Authorizing the Issuance of Additional $40,000 Bonds of the City of Ithaca, Tompkins County, New York, to Pay Part of the Cost of the Design of the South Aurora Street Bridge Rehabilitation over Six Mile Creek Project in and for Said City. By Alderperson Coles: Seconded by Alderperson Seger ADDITIONAL BOND RESOLUTION (South Aurora Street Bridge) July 5, 2006 16 BOND RESOLUTION DATED JULY 5, 2006. WHEREAS, all conditions precedent to the financing of the capital project hereinafter described, including compliance with the provisions of the State Environmental Quality Review Act, have been performed; and WHEREAS, it is now desired to authorize additional bonds for the financing thereof, now, therefore, be it RESOLVED, by the affirmative vote of not less than two-thirds of the total voting strength of the Common Council of the City of Ithaca, Tompkins County, New York, as follows: Section 1. For the specific object or purpose of paying part of the cost of the design of the South Aurora Street Bridge Rehabilitation over Six Mile Creek Project in and for the City of Ithaca, Tompkins County, New York, including incidental expenses in connection therewith, are hereby authorized to be issued an additional $40,000 bonds pursuant to the provisions of the Local Finance Law, which specific object or purpose is hereby authorized at the new maximum estimated cost of $953,000. Section 2. The plan for the financing of such $953,000 maximum estimated cost is as follows: a) By the issuance of the $913,000 bonds of said City heretofore authorized to be issued therefore pursuant to a bond resolution dated July 6, 2005; and b) By the issuance of the additional $40,000 bonds of said City herein authorized; provided, however, that the amount of obligations ultimately to be issued will be reduced by any State and/or Federal grants-in-aid to be received by said City for said purpose. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is five years, pursuant to subdivision 62 of paragraph a of Section 11.00 of the Local Finance Law, computed from August 4, 2005, the date of the first bond anticipation note issued therefore pursuant to the aforesaid bond resolution dated July 6, 2005. Section 4. The faith and credit of said City of Ithaca, Tompkins County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such obligations as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such obligations becoming due and payable in such year. There shall annually be levied on all the taxable real property of said City, a tax sufficient to pay the principal of and interest on such obligations as the same become due and payable. Section 5. Such bonds shall be in fully registered form and shall be signed in the name of the City of Ithaca, Tompkins County, New York, by the manual or facsimile signature of the City Controller and a facsimile of its corporate seal shall be imprinted or impressed thereon and may be attested by the manual or facsimile signature of the City Clerk. Section 6. The powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the City Controller, who shall advertise such bonds for sale, conduct the sale, and award the bonds in such manner as the City Controller shall deem best for the interests of the City. Section 7. All other matters, except as provided herein relating to such bonds, including determining whether to issue such bonds having substantially level or declining debt service and all matters related thereto, prescribing whether manual or facsimile signatures shall appear on said bonds, prescribing the method for the recording of ownership of said bonds, appointing the fiscal agent or agents for said bonds, providing for the printing and delivery of said bonds (and if said bonds are to be executed in the name of the City by the facsimile signature of the City Controller, providing for the manual countersignature of a fiscal agent or of a designated official of the City), the date, denominations, maturities and interest payment dates, place or July 5, 2006 17 places of payment, and also including the consolidation with other issues, shall be determined by the City Controller. It is hereby determined that it is to the financial advantage of the City not to impose and collect from registered owners of such serial bonds any charges for mailing, shipping and insuring bonds transferred or exchanged by the fiscal agent, and, accordingly, pursuant to paragraph c of Section 70.00 of the Local Finance Law, no such charges shall be so collected by the fiscal agent. Such bonds shall contain substantially the recital of validity clause provided for in section 52.00 of the Local Finance Law and shall otherwise be in such form and contain such recitals in addition to those required by section 52.00 of the Local Finance Law, as the City Controller shall determine. Section 8. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said City is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 9. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150-2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 10. This resolution, which takes effect immediately, shall be published in full or summary form in the Ithaca Journal, the official newspaper, together with a notice of the City Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. Alderperson Coles VOTING Aye Alderperson Seger VOTING Aye Alderperson Berry VOTING Aye Alderperson Clairborne VOTING Aye Alderperson Tomlan VOTING Aye Alderperson Zumoff VOTING Aye Alderperson Gelinas VOTING Aye Alderperson Townsend VOTING Aye Alderperson Cogan VOTING Aye Alderperson Korherr VOTING Aye Carried Unanimously COMMUNITY AND NEIGHBORHOOD SERVICES COMMITTEE: Resolution Declaring August 8 Each Year as Burmese Democracy Day in Ithaca By Alderperson Korherr: Seconded by Alderperson Berry WHEREAS, for more than four decades, Burma’s military junta has ruled without constitutional provisions providing any fundamental rights; and WHEREAS, abuses by Burmese government security forces are well documented and include rape, torture, extra judicial killings, arbitrary arrests, incommunicado detentions, infringements on citizens’ privacy, forced relocations, and conscriptions of child soldiers; and WHEREAS, the ruling junta continues to detain hundreds of political prisoners, including Aung San Suu Kyi, Novel Peace prize laureate of 1991, who has continued to champion the causes of democracy and justice for the people of Burma, despite having been in and out of arrest and detention ever since she became the people’s leader in the 1988 democracy uprisings; and July 5, 2006 18 WHEREAS, on August 8, 1988 the people of Burma rose up in peaceful protest against political and economic oppression; and WHERAS, they were violently oppressed when the military opened fire on the peaceful demonstrators, killing hundreds and forcing many more into exile (including many of our Ithaca Burmese community members); and WHEREAS, the 1988 protests paved the way for the 1990 elections in which Aung San Suu Kyi’s opposition party won a landslide parliamentary victory; and WHEREAS, the current junta in Burma has been condemned for ignoring the results of the 1990 elections that resulted in a landslide victory for Aung San Suu Kyi’s National League for Democracy party; for severely restricting fundamental human rights as put forth in the UN’s Universal Declaration of Human Rights; for ethnic violence against its people, including torture, displacement, and murder; for further abuse of its people including failure to put an end to the trafficking of women and children; and WHEREAS, the people of Ithaca and its region have a history of concern, compassion and involvement with human rights struggles around the world; and WHEREAS, we note with admiration that several members of our Ithaca community were forced to flee Burma because of their unrelenting defense of democracy; now therefore, be it RESOLVED, That the City of Ithaca’s Mayor and Common Council declare August 8th annually BURMESE DEMOCRACY DAY in the City of Ithaca, and be it further RESOLVED, That copies of this Resolution be sent to Senators Hillary Rodham Clinton and Charles Schumer, Congressman Maurice Hinchey, and the U.S. President’s office at the White House. Mayor Peterson thanked the members of the Ithaca Burmese Community for being at the meeting. Alderperson Coles stated that she was honored to be able to vote on this Resolution, and thankful that she was able to learn more about the conditions in Burma. Alderperson Zumoff stated that he was pleased to support this Resolution and was glad to have learned more about Burma and the Burmese people. Alderperson Berry thanked all involved with bringing this Resolution forward to Common Council. She stated that she would like to share the Resolution with other cities so they can join in the movement. A vote on the Resolution resulted as follows: Carried Unanimously GOVERNANCE AND INTERMUNICIPAL RELATIONS COMMITTEE: Amendment of Common Council Rules of Procedure - Resolution By Alderperson Zumoff: Seconded by Alderperson Cogan WHEREAS, Section II, paragraph 12 of Common Council’s Rules of Procedure adopted on March 3, 2004 concerns the filing of member filed resolutions, and WHEREAS, the specific wording of Section II, paragraph 12 as subsequently interpreted by the City Attorney’s office does not convey the original intent of Common Council, now, therefore, be it RESOLVED, That the Rules of Procedure adopted by Common Council on March 3, 2004 are hereby amended as follows: Section II, Order of Business, list of paragraphs, line 12, is amended to read as follows: July 5, 2006 19 12. Individual Member-Filed Items Section II, paragraph 12, is amended to read as follows: (12) Individual Member-Filed Items Any individual Council member may introduce any motion, proposed resolution, or proposed ordinance that was submitted to the City Clerk by that individual Council member by 4:00 pm on the Thursday preceding the Common Council meeting and which was included in the agenda for that meeting. Any individual Council member may introduce a proposed local law that was submitted to the City Clerk by that individual Council member at least seven calendar days (excluding Sundays) prior to the Common Council meeting, laid upon the tables of all the members of Common Council at least seven days (excluding Sundays) prior to the day of the Common Council meeting and which was included in the agenda for that meeting. Common Council may decide to consider the motion or proposed resolution, ordinance, or local law, table it until a future meeting, refer said motion or proposed resolution, ordinance, or local law to a Standing or Special Committee, or take any other action it deems appropriate. Alderperson Zumoff explained that the proposed language would allow for Ordinances and Local Laws to be included in Individual Member-Filed Items. A vote on the Resolution resulted as follows: Carried Unanimously An Ordinance to Amend Chapter 137 of the City of Ithaca Municipal Code Entitled "Bicycles" to Specify Punishment as a Civil Offense. By Alderperson Zumoff: Seconded by Alderperson Korherr ORDINANCE NO. 06- BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows: Section 1. PENALTY. Chapter 137-1 of the City of Ithaca Municipal Code Entitled "Bicycles" is hereby amended to add the following language: Any violation of the provisions of this law constitutes a Civil Offense punishable in accordance with Section 1 -1 of the City of Ithaca Municipal Code. Section 2. EFFECTIVE DATE. This Ordinance shall take effect immediately and in accordance with law upon publication of notice as provided in the Ithaca City Charter. Alderperson Zumoff explained that a Civil Offense violation could result in fines of $0 to $250 but would not include any jail time. A vote on the Ordinance resulted as follows: Carried Unanimously A Local Law to Amend Chapter 164 of the City of Ithaca Municipal Code Entitled “Dogs and Other Animals” to Specify Punishment as a Civil Offense. By Alderperson Zumoff: Seconded by Alderperson Coles LOCAL LAW NO. 06- BE IT ENACTED by the Common Council of the City of Ithaca as follows: Section 1. PENALTY. Chapter 164 of the City of Ithaca Municipal Code Entitled "Dogs and Other Animals" is hereby amended to replace chapter 164-17 in its entirety with the following: July 5, 2006 20 164-17. Penalties for Offenses. Except as provided in the Agriculture and Market Law, a violation of this article constitutes a Civil Offense punishable in accordance with Section 1.1 of the City of Ithaca Municipal Code. These penalties shall be in addition to any other penalties provided by law. Section 2. Severability. If any clause, sentence, paragraph, section, or part of this local law shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof but shall be confined in its operation to the clause, sentence, paragraph, section, or part thereof directly involved in the controversy in which such judgment shall have been rendered. Section 3. Effective Date. This Local Law will take effect immediately upon filing with the Secretary of State as provided by Law. Carried Unanimously REPORT OF SPECIAL COMMITTEES: Alderperson Coles reported that an item had come up at the Board of Public Works meeting regarding parking motorcycles in City garages. The Board of Public Works wants to actively work on this issue. Currently there are operational issues that need to be resolved regarding whether the weight of the motorcycles would be able to control the gate access as cars do, and the ability of motorcycles to evade parking equipment entirely. Alderperson Coles further reported that the Board of Public Works agreed on the text for a plaque commemorating Red Bud Woods. The Red Bud Woods working group needs to approve the text. The funds for the plaque are being paid for by the group. The group needed approval from the City to erect the plaque on City land. Mayor Peterson reported that there is a Town/City sub-committee that has been meeting regarding to identify persons to serve on the town/city study group for shared services and consolidation. The Town and City are looking for people who might be interested in serving on this group, and are accepting ideas that people might have regarding shared services. MAYOR’S APPOINTMENTS: Board of Fire Commissions: By Alderperson Berry: Seconded by Alderperson Clairborne RESOLVED, That Robert Romanowski be reappointed to the Board of Fire Commissioners with a term to expire June 30, 2009, and be it further Rental Housing Advisory Commission: RESOLVED, That Heather L. Bissel be appointed to the Rental Housing Advisory Commission to fill a vacancy with a term to expire December 31, 2008, and be it further Youth Bureau Board RESOLVED, That Stel Walton Whitehead be appointed to the Youth Bureau Board to fill a vacancy with a term to expire December 31, 2008. Carried Unanimously REPORT OF CITY CONTROLLER: City Controller Thayer reported to Council on the following:  Sales tax up 12% over 2005 activity  First half of year cash flow has been solid  Fine revenues projected to be $117,000 short and the City may need to make 2007 budget adjustments  Parking revenues are slightly under budget  Overtime costs are slightly above projections  Health insurance costs are within budget July 5, 2006 21  2007 budget preparation work has started; department budgets are due to the Controller’s office on August 1, 2006  The Capital Projects Committee has been meeting  2007 taxable assessment was received from the County. The City tax levy will increase 3.77% for 2007. If the City maintained its current tax rate of $13.26, our property tax revenue would increase by $570,000. He also pointed out that every 1% tax rate increase equals $156,000.  2004/2005 Financial reports are being completed. REPORT OF CITY ATTORNEY: City Attorney Hoffman reported to Council on the following:  No new litigation, and no resolution of open cases.  The City has two signed purchase agreements for Six Mile Creek properties  No early ruling today on the same sex marriage issue. The City Clerk requested that the Clerk’s Office be briefed once a ruling is delivered. MINUTES FROM PREVIOUS MEETINGS: Approval of the May 11, 2006 Special Common Council Meeting Minutes and June 7, 2006 Regular Common Council Meeting Minutes – Resolution By Alderperson Berry: Seconded by Alderperson Korherr RESOLVED, That the May 11, 2006 Special Common Council Meeting Minutes and June 7, 2006 Regular Common Council Meeting Minutes be approved as published. Carried Unanimously ADJOURNMENT: On a motion the meeting adjourned at 10:07 p.m. ______________________________ _______________________________ Julie Conley Holcomb, CMC Carolyn K. Peterson, City Clerk Mayor