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
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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
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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.
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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,
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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
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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
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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
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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
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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
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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,
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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