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HomeMy WebLinkAboutMN-CC-2006-09-06COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 7:00 p.m. September 6, 2006 PRESENT: Mayor Peterson Alderpersons (9) Coles, Seger, Clairborne, Tomlan, Zumoff, Gelinas, Townsend, Cogan, Korherr OTHERS PRESENT: City Clerk – Conley Holcomb City Attorney – Hoffman City Controller – Thayer Community Development Director – Bohn Superintendent of Public Works – Gray Human Resources Director – Michell-Nunn Fire Chief – Wilbur EXCUSED: Alderperson Berry PLEDGE OF ALLEGIANCE: Mayor Peterson led all present in the Pledge of Allegiance to the American Flag. PROCLAMATIONS/AWARDS: Mayor Peterson proclaimed September 15 – October 15, 2006 as Latino Heritage month in the City of Ithaca. Mayor Peterson proclaimed September 10-16, 2006 as Read Aloud week in the City of Ithaca. Mayor Peterson proclaimed September, 2006 as Prostate Cancer Awareness month in the City of Ithaca. SPECIAL PRESENTATIONS BEFORE COUNCIL: Tompkins County Legislator for the Third District, Richard Booth, reported to Council on the following items: Dragon Boat Race – Tompkins County won the race against the City of Ithaca at the Dragon Boat Festival, but a good time was had by all. The communication towers are being installed throughout the County, and the project is expected to be completed within a year. The Tompkins County Legislature voted 8-7 to expand the transfer tax on property transactions. The Tompkins County Administrator submitted a tentative budget to the Legislature calling for a 0% tax increase, which would result in very substantial cuts in County programming. He explained that some programs are slated for one-year only funding. County building projects – sites are being considered on West Hill or downtown for a new Health Department facility. The Public Safety building will either be renovated or a new jail will be built, and there are plans for a “County Center” building to be located in downtown Ithaca. September 6, 2006 2 PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: The following people addressed Common Council: Doria Higgins, Town of Ithaca – opposed to transfer of Festival Land property with Inlet Island site, and opposed to the location of an off-leash dog park on the Festival Lands. Ken Zeserson, Town of Ulysses – the effect of the proposed Festival Land transfer on TC Dog and an off-leash dog park. Seth Sicroff, City of Ithaca – gave a history of dog-related events that have taken place in Ithaca; supports an off-leash dog park and is opposed to the transfer of Festival Land property. Ken Friedman, Village of Cayuga Heights – support of an off-leash dog park and the SEQR process. Mary White, City of Ithaca – support of an off-leash dog park and voiced concerns about the proposed land transfer Brian Zapf, Town of Ovid- support of an off-leash dog park and voiced concerns about the proposed land transfer Guy Gerard, City of Ithaca – status of the Festival Lands Cheryl Kramer, City of Ithaca - supports naming City as lead agency in SEQR process – proposed land transfer Cyndy Scheibe, City of Ithaca – support of an off-leash dog park Liz Constable, City of Ithaca – support of an off-leash dog park Megan MacCullum, Town of Dryden – support of an off-leash dog park Joanie Groome, City of Ithaca – support of an off-leash dog park Alicia Plotkin, Town of Ovid – support of an off-leash dog park Joel Harlan, Town of Newfield, addressed Council regarding the Ithaca Gun site, the plight of low-income people, and economic development concerns. Fay Gougakis, City of Ithaca, addressed Council regarding motorcycles, vespa parking at bike racks, noise concerns regarding Ciminelli Construction project; Green Garage construction and the need for another meeting to talk about air quality during the demolition process, opposition to off-leash dog park. Tom Stern, Town of Ithaca, addressed Council regarding his paid, involuntary leave from City of Ithaca employment and the legal position of the City. John Graves, City of Ithaca, addressed Council regarding global warming concerns; the downtown density policy, and how renewable energy components should be included in new developments. PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR: Alderperson Seger thanked everyone from the dog community who spoke in support of an off-leash dog park. He stated that the dog park should be considered on its own merits, as should the land transfer. He further announced that the Rental Housing Advisory Commission would be holding a forum on September 14, 2006 at 6:00 p.m. at South Hill Elementary School to discuss rental housing issues. Alderperson Coles thanked the dog owners for speaking, and stated that she is committed to finding a location for an off-leash dog park. She further reported on the status of the War in Iraq: $313 billion dollars have been spent in Iraq, Tompkins County’s share of that is $117 million, Ithaca’s share is $22 million. The human cost of the war: Iraqi deaths are estimated at 42,000-100,000; 2,656 American soldiers deceased, 117 UK soldiers deceased, 115 soldiers from other countries deceased; and September 6, 2006 3 19,323 severely injured soldiers. She further stated that many Iraqi hospitals have been destroyed during the war as well. Alderperson Korherr thanked the speakers who came to the meeting to talk about the dog park issue. Alderperson Clairborne thanked speakers for coming to the meeting to talk about the dog park issue. He further welcomed Friedman Electric to Ithaca. This company is newly located on Cherry Street in the Industrial Park area. He also congratulated GIAC on its CDL program and reported that the first class has been booked full and a second class is already being scheduled. He thanked Tim Logue, Traffic Engineer, for his work on the traffic issues in the Southside neighborhood. Alderperson Tomlan noted that pedestrian traffic improvements have been made at crosswalks located on East Hill at Mitchell Street/College Avenue. She further made the following announcement regarding the Citizen Participation Plan: “City’s Consolidated Plan – Consolidated Annual Performance and Evaluation Report (CAPER) Public Comment Period The City of Ithaca is required by the U.S. Department of Housing and Urban Development (HUD) to annually report on its progress in implementing its Consolidated Plan. The report, known as the FY05 Consolidated Annual Performance and Evaluation Report (CAPER), will be submitted to HUD on September 25, 2006. The report is available for public comment from September 6, through September 21, 2006 and may be reviewed in the City’s Community Development Office, Third Floor, City Hall, 108 East Green Street, Ithaca, New York. Citizens should submit their comments in writing to the address above before Noon on September 21, 2006. Public comments will be attached to the CAPER and forwarded to HUD.” Alderperson Gelinas spoke in support of an off-leash dog park in the area. He also announced that there would be a joint meeting of the Collegetown Neighborhood Association and the Collegetown Vision Task Force at St. Luke's Church on September 14, 2006 from 4:00 p.m. to 6:00 p.m. Alderperson Cogan thanked the speakers who came to the meeting to speak on the dog park issue, and voiced his support for the creation of an off-leash dog park. Alderperson Townsend stated that he supports the creation of an off-leash dog park in the City. He also stated that there would be a Cornell University/Community Brunch on September 10, 2006 from 11 a.m. to 2 p.m. Alderperson Zumoff stated that there have been changes made to the procedures for budget meetings and that the number of public hearings that are held on the budget have been increased. Mayor Peterson stated that the Gun Hill property owners are in town and are meeting with City officials. She thanked the speakers for their comments, and noted that personnel matters could not be discussed during public sessions. CONSENT AGENDA ITEMS: Chamberlain’s Office Authorization to Accept Certain Tax Payments Without Penalty Alderperson Zumoff: Seconded by Alderperson Cogan WHEREAS, the City of Ithaca sends tax bills to realty tax services and mortgage institutions for those accounts paid out of escrow accounts, and WHEREAS, the City was notified in May that a number of these bills, previously sent to First American Realty Tax Service, should from that point forward be mailed to the property owner, and September 6, 2006 4 WHEREAS, due to a processing error, bills were not produced for all of the changed accounts; now therefore be it RESOLVED, That the City Chamberlain is authorized to accept 2006 City second installment tax bills so affected without penalty if paid by August 31, 2006. Carried Unanimously Human Resources - Amendment to Personnel Roster - Resolution By Alderperson Zumoff: Seconded by Alderperson Cogan WHEREAS, the position of Human Resources Clerk was recently vacated due to an interdepartmental promotional opportunity, and WHEREAS, the Human Resources Department has evaluated different strategies for filling the vacancy and has recommended that the position of Human Resources Clerk be eliminated and replaced with the position of Human Resources Office Assistant, and WHEREAS, the recommended change will not require additional funds; now, therefore, be it RESOLVED, That the Personnel Roster of the Human Resources Department be amended as follows: Add: One (1) Human Resources Office Assistant (35 hours/week) Delete: One (1) Human Resources Clerk (35 hours/week) and, be it further RESOLVED, That the position of Human Resources Office Assistant be and hereby is assigned to the Confidential Employees Compensation Plan at salary grade 2 ($23,014- $26,471). Carried Unanimously COMMUNITY & NEIGHBORHOOD SERVICES COMMITTEE: Proposal to Create an Off-Leash Dog Area on the City-Owned “Festival Lands” - Declaration of Lead Agency - Resolution Alderperson Korherr: Seconded by Alderperson Seger WHEREAS, the Mayor’s Task Force created to consider the possibility of establishing one or more off-leash areas for dogs in the Ithaca area has recommended that such an off-leash area be established by the City on the so-called “Festival Lands” owned by the City, and possibly be extended on to a portion of the adjacent lands of the Allan H. Treman State Marine Park (upon the consent of the State Park), and WHEREAS, the City’s Parks Commission has recommended that the Festival Lands not be used for an off-leash dog area WHEREAS, State Law and Section 176 of the City Code provide that no agency may undertake, fund or approve an action until the agency has complied with the provisions of the State Environmental Quality Review Act (SEQRA) and, if it is an agency of the City of Ithaca, with the City’s Environmental Quality Review Ordinance (CEQRO), and WHEREAS, SEQRA and CEQRO require that any action be preliminarily classified as Type I, Type II (exempt) or unlisted, and that, from among the involved agencies for any action, a Lead Agency be established for conducting environmental review of the action, in accordance with state and local law, and WHEREAS, the involved agencies with regard to approvals that would be required for the proposed off-leash dog area are the Common Council and the Board of Public Works, and, potentially, New York State Parks, and WHEREAS, this proposed action is an Unlisted Action under both the City of Ithaca Environmental Quality Review Ordinance and the State Environmental Quality Review Act; now, therefore, be it September 6, 2006 5 RESOLVED, That the City of Ithaca Common Council does hereby declare itself Lead Agency for the environmental review of the proposed establishment of an off-leash dog area on the Festival Lands, and be it further RESOLVED, That notice of the Common Council’s intent to be the Lead Agency for this action be provided to the Board of Public Works and New York State Parks, together with a copy of Part 1 of the Environmental Assessment Form for the action. Mayor Peterson reported that a meeting with State Parks representatives was held in August, and an internal staff meeting was held on September 5, 2006 to discuss the proposed transfer of land, and to brainstorm concerns. The Mayor will share these concerns with State Parks staff. The Mayor reviewed the proposal and how it would impact the development of Inlet Island. She stated that the City has been trying to secure that parcel from the DEC for many years and if the land is transferred to State Parks, it would no longer be transferable. She further explained that environmental review would take at least 60 days to complete, and that State Parks would like a decision within 4 weeks. Motion to Table: By Alderperson Korherr: Seconded by Alderperson Coles RESOLVED, That this Item be tabled until the October 4, 2006 Common Council meeting. Ayes (4): Coles, Tomlan, Korherr, Clairborne Nays (5): Seger, Zumoff, Gelinas, Townsend, Cogan Abstentions (0) Failed Amending Resolution: By Alderperson Korherr: Seconded by Alderperson Clairborne RESOLVED, That the reference to Allen H. Treman in the first Whereas clause be removed. Discussion followed on the floor regarding the law, and segmentation of the environmental review process. A vote on the Amending Resolution resulted as follows: Ayes (5) Tomlan, Clairborne, Seger, Korherr, Cogan Nays (4) Coles, Zumoff, Gelinas, Townsend Abstentions (0) Failed Extensive discussion followed on the floor regarding the City’s options in the SEQR process. Main Motion: A vote on the Main Motion resulted as follows: Ayes (5) Zumoff, Clairborne, Seger, Gelinas, Townsend Nays (4) Cogan, Korherr, Coles, Tomlan Abstentions (0) Failed Recess: Common Council recessed at 9:10 p.m. Reconvene: Common Council reconvened at 9:20 p.m. September 6, 2006 6 GOVERNANCE & INTERMUNICIPAL RELATIONS COMMITTEE: Procedure for Budget Review Committee Meetings By Alderperson Zumoff: Seconded by Alderperson Seger RESOLVED, That the Common Council Rules of Procedure are hereby amended by adding a new Section thereto regarding Budget Review Meetings, to read as follows: IX. Budget Review Meetings. i. After receiving the Mayor’s proposed budget, the Common Council shall conduct a committee meeting (or series of committee meetings) for the purpose of reviewing the proposed budget, receiving presentations from City departments and agencies and affected City- sponsored programs, considering possible modifications to the Mayor’s budget, conducting two or more public hearings on the budget (in addition to the public hearing required at the regular Common Council meeting in November), and recommending a proposed budget to be voted upon by the Common Council at a regular or special Common Council meeting. ii. The afore-mentioned budget review meetings shall be considered to be Committee of the Whole (COTW) meetings and shall be subject to the following procedural rules: a. The COTW shall consist of the full membership of Common Council, including the Mayor. b. These COTW meetings shall be organized by the committee of Common Council charged with budget and finance matters (i.e., the City Administration Committee or whichever successor committee is responsible for budget and finance matters). c. A quorum for purposes of conducting business shall be a simple majority of the whole membership of Common Council, i.e., six members, and the Mayor shall count toward said quorum. d. The Mayor shall not be entitled to vote except to break a 5-5 tie in the vote of the other members of the COTW. e. The budget review COTW meetings shall be chaired by the chairperson of the committee of Common Council that is charged with budget and finance matters (i.e., the City Administration Committee or whichever successor committee is responsible for budget and finance matters). f. All budget review COTW meetings are subject to the Open Meetings Law, and are, therefore, open to the public and require advance notice as provided by law. However, with the exception of those COTW meetings, which are specifically designated as “public hearings,” members of the public shall not be entitled to make public comment at the COTW meetings, unless the COTW decides otherwise by majority vote. For those COTW meetings that are specifically designated as “public hearings,” or at any other COTW meeting where the public has been permitted to comment, the same rules as to public comment which are applicable to regular Common Council meetings or other Council committee meetings shall apply. September 6, 2006 7 g. At the first meeting in any year of the budget review COTW, the Mayor’s proposed budget shall be moved (and seconded) for recommended approval by Common Council, for the sake of discussion and possible amendment. Thereafter, the chair shall entertain proposed amendments to the Mayor’s budget, with regard to any line or amount therein, which proposed amendment shall require a second in order to be considered. For passage by the COTW, any such amendment shall require the affirmative vote of at least six of those COTW members present. Following the consideration of all proposed amendments, the COTW shall vote on a recommendation, to Common Council, of a proposed budget, including any amendments which have been acted upon affirmatively by the COTW. If for any reason the COTW is unable to make such a recommendation, then the Mayor’s proposed budget shall be moved for discussion at a Common Council meeting following the completion of the scheduled budget review COTW meetings. h. Except as otherwise provided for herein, the meetings of the budget review COTW shall be governed by Robert’s Rules of Order. iii. Nothing herein is intended to restrict the ability of the Common Council to amend the proposed budget at a Common Council meeting, prior to its adoption. Amending Resolution: By Alderperson Zumoff: Seconded by Alderperson Seger RESOLVED, That item IX(ii)c be amended to read as follows: “A quorum for purposes of conducting business shall be a simple majority of the whole membership of Common Council, i.e., six members, and the Mayor shall not count toward said quorum.” Carried Unanimously Amending Resolution: By Alderperson Cogan: Seconded by Alderperson Coles RESOLVED, That item IX(ii)g be amended to read as follows: “At the first meeting in any year of the budget review COTW, the Mayor’s proposed budget shall be moved (and seconded) for recommended approval by Common Council, for the sake of discussion and possible amendment. Thereafter, including at subsequent COTW meetings, the chair shall entertain proposed amendments to the Mayor’s budget, with regard to any line or amount therein, which proposed amendment shall require a second in order to be considered. For passage by the COTW, any such amendment shall require the affirmative vote of at least six of those COTW members present. Following the consideration of all proposed amendments, the COTW shall vote on a recommendation, to Common Council, of a proposed budget, including any amendments which have been acted upon affirmatively by the COTW. If for any reason the COTW is unable to make such a recommendation, then the Mayor’s proposed budget shall be moved for discussion at a Common Council meeting following the completion of the scheduled budget review COTW meetings.” Carried Unanimously Amending Resolution: By Alderperson Korherr: Seconded by Alderperson Zumoff RESOLVED, That item IX(ii)g be further amended to read as follows: “At the first meeting in any year of the budget review COTW, the Mayor’s proposed budget shall be moved (and seconded) for recommended approval by Common Council, for the sake of discussion and possible amendment. Thereafter, including at subsequent COTW meetings, the chair shall entertain proposed amendments to the Mayor’s budget, with regard to any line or amount therein, which proposed amendment shall require a second in order to be considered. For passage by the COTW, any such amendment September 6, 2006 8 shall require the affirmative vote of the majority of members present at the time of the vote. Following the consideration of all proposed amendments, the COTW shall vote on a recommendation, to Common Council, of a proposed budget, including any amendments which have been acted upon affirmatively by the COTW. If for any reason the COTW is unable to make such a recommendation, then the Mayor’s proposed budget shall be moved for discussion at a Common Council meeting following the completion of the scheduled budget review COTW meetings.” Mayor Peterson, Alderperson Seger and Alderperson Coles voiced concerns regarding the different voting procedures in committee and on the Council floor. They further voiced concerns regarding the potential lack of attendance at Committee of the Whole meetings, and how that impacts the final Council votes. A vote on the Amending Resolution resulted as follows: Ayes (3): Korherr, Zumoff, Townsend Nays (6) Coles, Seger, Clairborne, Tomlan, Gelinas, Cogan Abstentions (0) Failed Main Motion As Amended: A vote on the Main Motion as amended resulted as follows: Carried Unanimously Approval of the Addendum to the “Base Level Services Memorandum of Understanding,” dated April 21, 1998, between the City of Ithaca and the Ithaca Downtown Business Improvement District, Inc – Resolution By Alderperson Zumoff: Seconded by Alderperson Tomlan ADDENDUM I TO BASE LEVEL SERVICES MEMORANDUM OF UNDERSTANDING (4/21/98) BETWEEN THE CITY OF ITHACA AND THE ITHACA DOWNTOWN BUSINESS IMPROVEMENT DISTRICT, INC WHEREAS, The City of Ithaca (“City”) and the Ithaca Downtown Business Improvement District, Inc., entered into a Base Level Services Memorandum of Understanding on April 21, 1998, and WHEREAS, said Memorandum of Understanding, along with certain other agreements between the City and the Ithaca Downtown Business Improvement District, provided for a basic level of services within the District, and WHEREAS, more than seven years have passed since the signing of the 1998 Memorandum of Understanding and the allocation of services. and, in fact, the services themselves have changed over the past seven years, and WHEREAS, the City and the Ithaca Downtown Business Improvement District, through its agency, the Ithaca Downtown Partnership (“IDP”), are desirous of revising the allocation of services and reflecting the actual level of services provided in the District by the parties by adding an addendum (“Addendum I”) to the original Memorandum of Understanding, September 6, 2006 9 NOW THEREFORE, the City and the IDP agree that the afore-mentioned Memorandum of Understanding shall be and is modified and supplemented as follows by this Addendum: NOTE: The Boundary of the Business Improvement District is found in Exhibit A of the Original 1998 Memorandum of Understanding with the Ithaca Downtown Partnership. 1. 0 PUBLIC SAFETY 1.1.0 The City shall be responsible for: 1. Providing twenty-four (24) hour per day, seven-day per week coverage of the District by at least one police officer. 2. Assigning police officers (“downtown officers”) to District and Commons duty. Every effort shall be made to select officers interested in and committed to downtown policing. 3. Ensuring that downtown officers receive additional training pertaining to Commons rules and regulations. 4. Ensuring that downtown officers are visible to the public as much as practicable. 5. Ensuring that the Police Department regularly displays its hospitality car(s) in the District, if the Police Department has such hospitality car(s). 6. Continuing to provide police officer presence at IDP sponsored special events in the District. (See Section 1.2.3) 1.2.0 The IDP shall be responsible for: 1. Providing a monthly written report of issues, events and concerns to the Chief and the downtown police officers. 2. Providing to the downtown police team weekly summary sheets detailing any incidents, issues or encounters, and/or calls from IDP constituents to the IDP. 3. Providing non-professional security (i.e., by individuals who are not sworn police officers) such as overnight watch security or extra crossing guard assistance, if such assistance is needed for District events. 1.3.0 The City and IDP together will: 1. Representatives from the downtown police officers and the IDP staff shall meet on a monthly basis to identify possible key days and times that may require expanded or reduced police presence. 2. Create a formal process for police officers to assist, cooperate with and communicate regularly with IDP Ambassadors. 2.0 PUBLIC WORKS 2.1 Definition: The primary Commons consists of the extended public sidewalks and structures in the public right-of-way in the 100 and 200 blocks of East State Street, and the 100 block of North Tioga Street. The secondary Commons consists of the public sidewalks and curb lawn areas in the 300 block of East State, the 100 block of West State Street, the 100 block of North Aurora Street, the 100 block of South Cayuga Street and the 100 block of North Cayuga Street. September 6, 2006 10 2.2 The City shall be responsible for: 1. Litter Patrol: Conducting daily (seven-day a week) hand or broom pick-up of the primary and secondary Commons. This includes hand sweeping and pick-up of the Commons pavilions. The intent is that this task shall be completed prior to 10:00 am each weekday and Saturday, and prior to noon on Sunday. 2. Sidewalk sweeping: Conducting daily (seven-day a week) machine cleaning service to pick up litter, dirt and debris in the public right-of- way on the primary and secondary Commons. The intent is that this task shall be completed prior to 10:00 am each weekday and Saturday, and prior to noon on Sunday. 3. Trash Removal: Daily (seven-day a week) emptying of trash receptacles on the primary and secondary Commons. City will work with the IDP Ambassadors to designate locations for the drop-off of trash and trash bags accumulated during Ambassador shifts. 4. Power Washing: Providing power washing of portions of the primary Commons or other sidewalks and streets on the secondary Commons at agreed upon intervals and as otherwise necessary, based on reports from IDP or City staff observations, but not less than once each month from May 1 to October 31. Providing more frequent, regular power washing of the Commons tree grove area during the summer and fall. Providing the IDP Ambassadors with access to and use of City power washing equipment as available. 5. Snow Removal: Providing for the timely removal of snow from the primary Commons and from other downtown public spaces. Public spaces are defined as public ways, other than ordinary sidewalks, which are owned or leased by the City, or subject to City easement, for general public movement. In addition, the City will plow snow from the sidewalks of the secondary Commons during a snowfall event. However, other than such initial plowing, snow and ice removal shall be the responsibility solely of the property owners on the secondary Commons, and nothing herein shall be construed to relieve said property owners of their obligation to comply with any City rules and regulations regarding snow removal. The City will provide for timely removal of temporary snow piles as practicable and will work with the IDP to determine the best places for temporary snow storage. 6. Special Events: Providing for trash removal during events from pre- determined staging areas. Providing barricades as needed. Ensuring that Commons electricity is operable and available for events. 7. Signage: Installing and/or repairing permanent public information signs in the District (e.g. Commons entrance signs). Continuing to install temporary event signs for the IDP on buildings and fixtures and clock towers. 2.2.0 The IDP shall be responsible for: 1. Supplemental Litter: pick up of litter and trash at noon and mid- afternoon in the District. 2. Planter Litter: Cleanup of litter from planters. 3. Placement of Trash: Working with Public Works Department on placement of trash collected from the IDP supplemental program for pick-up. 4. Emptying Trashcans: Providing for emptying of trashcans for IDP- sponsored major festival events. Bags of collected trash will be corralled at location(s) suitable to City. September 6, 2006 11 5. Power Washing: Providing personnel to operate power-washing equipment for periodic supplemental cleaning of primary and/or secondary Commons locations as determined by the IDP. This shall be in addition to the regular power washing normally undertaken by City personnel (see 2.2.4. 3.0 PARKING GARAGES (Seneca, Green, and Cayuga) 3.1 The City (or its agent or assigned contractor) shall be responsible for the following with regard to the Seneca, Green and Cayuga Street Parking Garages: 1. Stairwells and Elevators: City staff shall conduct daily early morning cleaning, washing, and litter patrol of the garage stairwells and elevators prior to the opening of business at 8:00 am. 2. Parking Decks: City staff shall patrol for litter and debris on a daily basis. 3. Video Cameras: The City shall work toward installation of video cameras as soon as practicable in Seneca and Green Garages, to promote public security. 4. Rates and Hours of Operation: The City shall, to the greatest extent possible, consider the economic needs of downtown businesses and employees when setting parking rates and hours of operation. 5. Demand Utilization Planning: The City shall institute measures and best management practices which will: (a) provide for flexible re- assignment of monthly and short term parkers among the various garages, consistent with demand utilization planning, and (b) foster enhanced garage management and customer service. 6. Assignment of Parking Facility Management: The City may, at its discretion, assign or contract with other entities/organizations to manage and maintain any or all of its downtown parking facilities. (And it is hereby acknowledged by the parties that the Cayuga Garage is on land conveyed to the Ithaca Urban Renewal Agency, which has leased the garage to a not-for-profit entity, which entity has contracted with a private company to manage it, subject to a contract already in place.) The City shall make every reasonable effort to ensure that the standards and guidelines set forth in this section are incorporated into any contracts with such other entities, subject to existing contractual limitations. 4.0 GRAFFITI 4.1.0 The City shall be responsible for: 1. The timely removal of graffiti on public property, in accordance with the City of Ithaca Municipal Code. 4.2.0 The IDP shall be responsible for: 1. Providing the City with periodic written reports of graffiti activity and locations. These reports will be submitted monthly with the public safety reports. 2. Removal of small graffiti “tags” on public property. 3. Removal of small tags on private property but only with consent/approval of owner. September 6, 2006 12 5.0 LANDSCAPING Landscaping and plantings on the Commons and in the District add to the beauty of the downtown area and provide a pleasant atmosphere in which residents and visitors work and play. However, landscaping and maintenance of flowerbeds is labor intensive. IDP, through its Ambassadors, shall assume the principal responsibility for planting and maintaining landscaping in the District. 5.1.0 The City will be responsible for: 1. Removal of plant debris collected by the IDP Ambassadors and/or volunteers upon notice provided by the IDP. 2. Semi-annual (May and October) pruning of shrubs and annual trimming of trees in the District, including primary and secondary Commons. 3. Providing working water supplies on the primary Commons for IDP maintenance of landscaping. This includes timely repair of water spigots, as necessary. 4. Repair or removal of broken tree grates that pose a safety risk to pedestrians. 5. Providing mulch, compost, and soil amendments to the IDP Ambassador crews, upon request. 5.2.0 The IDP shall be responsible for: 1. Providing and coordinating seasonal Ambassadors for landscaping, litter patrol and hospitality. 2. Spring planter bed preparation and planting of annuals and perennials, as appropriate. 3. Summer planter bed watering of both primary and secondary Commons (Commons plus the 300 block of East State Street, the 100 block of West State Street, the 100 block of North Aurora Street, the 100 block of South Cayuga Street, the 100 block of North Cayuga Street) as well as the Six Mile Creek Walk and the triangle beds at the Aurora and State and Green and State intersections. Frequency shall be determined by the weather but shall be sufficient to ensure healthy plant growth, as practicable, based on the availability of water spigots. 4. Weed control for planters, tree grates and planter walls during the growing season. 5. Fall planter bed cleaning for all planters on the primary and secondary Commons. 6. Requesting permission from the Board of Public Works for any additional planters. 6.0 OUTDOOR SEATING 6.1.0 The City shall: 1. Continue to permit IDP to operate a public outdoor seating program on the Commons. 2. Allow for seasonal outdoor stacking of tables and chairs, in a manner that will not impede sidewalk cleaning and is consistent with Commons Rules and Regulations. 6.2.0 The IDP shall: 1. Coordinate a public dining/seating program. 2. Keep the public seating area clean (though not replacing the City’s obligation to power wash as provided herein). September 6, 2006 13 7.0 PUBLIC ART 7.1.0 The City shall be responsible for: 1. Assisting IDP in annual installation and removal of public art on the Commons, utilizing existing Public Works equipment and personnel as necessary. 2. Continuing to provide the annual insurance coverage for the Art in the Heart of the City exhibition. 3. Considering the acceptance of pieces of art for permanent display in the District, as recommended by the Public Arts Commission. 7.2.0 The IDP shall be responsible for: 1. Coordinating a program to provide public art for downtown. 8.0 LIGHTING and ELECTRICAL 8.1.0 The City shall be responsible for: 1. Providing working electrical outlets on the Commons for special events. 2. Maintaining working, operable clocks on the Commons. 3. Conducting monthly inspections and promptly replacing burnt bulbs and repairing broken fixtures. 4. Replacing pavilion lighting and bulbs as appropriate. Investigating more cost effective perimeter lighting for pavilions. 5. Installing and replacing light pole banners and flags in the District for the IDP banner and flag program. 6. In collaboration with the IDP, preparing and implementing an annual plan for the installation and removal of holiday lights and decorations in the District. 7. Installing holiday lights and decorations prior to Thanksgiving as per the referenced plan above. 8.2.0 The IDP shall be responsible for: 1. Providing supplemental electrical technical assistance for events that require assistance over and above normal City operations, e.g., major IDP special events. 2. Providing periodic reports of light bulbs in need of replacement or repair. 3. Coordinating a program to provide banners and flags for downtown for installation by the City. 9.0 ANNUAL MAINTENANCE 9.1.0 The City shall be responsible for: 1. Conducting maintenance at least annually on the following: i. Benches (paint and/or repair) ii. Tree grates (repair) iii. Sidewalk areas on the primary Commons iv. Brick sidewalks installed by or on behalf of the City, wherever located in the District (repair loose, uneven or broken bricks) September 6, 2006 14 9.2.0 The IDP shall be responsible for: 1. Providing a monthly written report to the Department of Public Works and to the Mayor on maintenance needs and issues in the District, although IDP’s failure to do so shall not relieve the City from its responsibilities listed above. This report shall be prepared in conjunction with other police and public works related monthly reports. 10.0 AMENDMENTS, TERM & TERMINATION OF MEMORANDUM; CONFLICT BETWEEN MEMORANDUM AND ADDENDUM 10.1.0 In the event of a conflict between the provisions set forth in this Addendum and those contained in the Memorandum of Understanding dated 4/21/98, the provisions of this Addendum shall control. 10.2.0 The Memorandum of Understanding (4/21/98) with which this Addendum is associated may be amended at any time, by mutual consent of the parties. Any amendments or further addenda shall be set forth in writing, dated, and duly executed by the representatives of the parties. 10.3.0 The initial term of said Memorandum, including this Addendum, shall end on September 30, 2007. Each year thereafter, until 2012, the term shall be automatically extended for an additional year from said initial ending date, upon the same, then-current provisions, unless either party has provided written notice to the other, at least three (3) months prior to the expiration of the current term, of its objection to such renewal, which notice shall set forth the reasons for such objections and the specific provisions objected to. In the event that such notice is provided, the parties shall forthwith schedule one or more discussion/ negotiation sessions, as needed, for the purpose of addressing and attempting in good faith to resolve any issues or disputes as to what the provisions of the Memorandum or Addendum should be. 10.4.0 In any event, the Memorandum and this Addendum shall be thoroughly reviewed by both parties within three years of the date of the execution of this Addendum. 10.5.0 In the event that the Ithaca Downtown Business Improvement District is dissolved or discontinued for any reason, the Memorandum and this Addendum shall terminate at that time, and each of the terms and conditions therein shall be deemed to be null and void and of no effect. Discussion followed on the floor regarding the boundaries of the Business Improvement District. Alderperson Townsend requested that City staff prepare a breakdown of the number of hours and the costs of providing these services to the downtown district. Alderperson Seger responded that this MOU reflects the City’s current practices, but that figuring out the hours and costs expended would be a useful tool to gauge the size of the City’s investment. Further discussion followed on the floor regarding the comparison of services to other areas of the City and neighborhoods. City Attorney Hoffman noted that the original 1998 MOU estimated that the City’s contribution to services was approximately 24,000 hours. September 6, 2006 15 Amending Resolution: By Alderperson Zumoff: Seconded by Alderperson Coles RESOLVED, That language be added to this Addendum that indicates that the boundary of the Business Improvement District can be found in Exhibit A of the original agreement. Carried Unanimously Main Motion as Amended: A vote on the Main Motion as Amended resulted as follows: Carried Unanimously PLANNING, ECONOMIC DEVELOPMENT & ENVIRONMENTAL QUALITY COMMITTEE: Proposed Amendments to the Citizen Participation Plan, Ithaca Urban Renewal Agency - Resolution By Alderperson Tomlan: Seconded by Alderperson Korherr WHEREAS, at its February 4, 2004, meeting, the Common Council adopted the Citizen Participation Plan which regulates the manner and timeframe in which the City of Ithaca and the Ithaca Urban Renewal Agency keep the public informed about important developments regarding the allocation and use of funds derived from the U.S. Department of Housing and Urban Development’s Entitlement Program, and WHEREAS, the City seeks to clarify the difference between the Consolidated Plan and Action Plan, as referenced in the Citizen Participation Plan, and WHEREAS, the City wishes to more clearly define the advertising required at different points during the development of the Consolidated Plan and Action Plan, and WHEREAS, the City wishes to identify opportunities for citizen review and comment on communications received from the U.S. Department of Housing and Urban Development regarding the Entitlement Program, and WHEREAS, at its July 27, 2006, meeting the Ithaca Urban Renewal Agency reviewed and approved the amended Citizen Participation Plan dated July 14, 2006, and forwarded the amended plan to the City for review, and WHEREAS, a public hearing on the amended Citizen Participation Plan was held at the August 16, 2006, meeting of the Planning, Economic Development and Environmental Quality Committee, and WHEREAS, the Planning, Economic Development and Environmental Quality Committee recommended adoption of the proposed amendments provided that the Ithaca Urban Renewal Agency further review several of the proposed changes, and WHEREAS, at its August 24, 2006, meeting the Ithaca Urban Renewal Agency approved the amended Citizen Participation Plan dated August 24, 2006; now, therefore, be it RESOLVED, That the City of Ithaca Common Council hereby adopts the proposed amendments to the Citizen Participation Plan, dated August 24, 2006. Alderperson Tomlan explained the publication methods proposed for advertising. Alderperson Seger encouraged all Council members to be liaisons with their neighborhoods in assisting people in completing and submitting applications for projects, especially low-moderate income neighborhoods. A vote on the Resolution resulted as follows: Carried Unanimously September 6, 2006 16 A Resolution to Approve the IURA-Proposed Revisions to Disposition of Parcels ‘E’ and ‘F’ of the Cayuga Green Project site to the Preferred Developer, Cayuga Green LLC By Alderperson Tomlan: Seconded by Alderperson Coles WHEREAS, the City of Ithaca (“City”) and the Ithaca Urban Renewal Agency (“IURA”) are undertaking to facilitate a multi-phased, mixed-use infill development project located in downtown Ithaca known as the Cayuga Green Project (“Project”), consisting of parking, public open space improvements, retail/commercial and residential uses, and WHEREAS, on January 30, 2003, the IURA authorized acceptance of conveyance of approximately 2.85 acres of land located at 235 S. Cayuga Street and 131-135 E. Green Street from the City to facilitate development of the Project, and WHEREAS, the Project site is located within the City of Ithaca Urban Renewal Project Boundary area and implementation of the Project is consistent with, and in furtherance of, the Urban Renewal Plan, and WHEREAS, retail/commercial and residential components of the Project will be implemented, in part, through lease or sale by the IURA of portions of the Project site to selected developers who have committed to undertake components of the Project, and WHEREAS, the portion of the Project site located south of East Green Street has been subdivided into six lease/sale parcels (A – F) tied to elements of the Project, and WHEREAS, on July 28, 2005, the IURA approved the sale of Parcels ‘E’ and ‘F’ to Cayuga Green LLC, the preferred developer, for $780,000 to undertake an “urban in-fill, mixed-use project including a 12-screen movie theater, office and retail space, and residential development, or such other uses approved by the Seller and the Common Council of the City of Ithaca,” and, WHEREAS, on September 7, 2005, the Common Council approved the IURA-proposed sale of Parcels ‘E’ and ‘F’ to Cayuga Green LLC, substantially in accordance with the terms set forth in a proposed “Purchase and Sale Contract, Cayuga Green Project Phase IIA – Parcels ‘E’ and ‘F’,” dated August 1, 2005, and WHEREAS, since approval of the property sale, the project program for the site has evolved in response to market conditions as follows: Proposed change in future use of Parcels ‘E’ and ‘F’: Use Prior Approved Uses Proposed Uses Retail/Office 24,470 sq. ft. 16,100 sq. ft. Movie Theater 8-12 screen theater None* Residential Apts. 45 units 68 units Total Square Feet: 115,827 sq. ft. 90,500 sq. ft. *A multi-screen movie theater is now proposed by Cayuga Green, LLC to be located at the ground level of the Green Garage at 116-128 E. Green Street, and WHEREAS, since approval of the property sale, the site plan for the Project has evolved and received final approval from the City of Ithaca Planning & Development Board resulting in the following proposed changes: Proposed change in premises to be conveyed:  Seller to retain an approximately 12-foot-wide permanent easement for public, pedestrian use, extending from East Green Street to the Six Mile Creek Walk (approximately 210 feet in length);  Seller to convey an additional 2,570 sq. ft. of land area located in the southeast corner of Parcel ‘E’ as depicted on the 1/24/06 approved subdivision plan for the Cayuga Green at Six Mile Creek property; and  Seller to retain an approximately 10-foot-wide permanent easement for public, pedestrian use along the easterly boundary of Parcels ‘E’ and ‘F’ from the Six Mile Creek Walk to the South Tioga Street right-of-way, a distance of September 6, 2006 17 approximately 80 feet, the northerly-most section of which easement shall be subject to periodic blockage by purchaser or its agents, for service, loading and delivery functions; and WHEREAS, the Economic Development Committee of the IURA reviewed (1) the proposed change in future land uses and (2) the proposed changes in the premises to be conveyed described in the first two bullets listed above at its August 8, 2006, meeting and unanimously recommended approval of the reviewed changes in the purchase and sale agreement, and WHEREAS, additional concerns for enhancing pedestrian access along the easterly boundary of the property were raised in preparation of this item for review by the Planning, Economic Development & Environmental Quality Committee, which led to an additional proposed change in the premises to be conveyed as described in the third bullet listed above, and WHEREAS, the benefits to the public of the above-referenced permanent easements for public access can be expected to exceed the value of the additional 2,570 square feet of land included in the conveyance, and WHEREAS, a public hearing on the proposed revisions to the disposition of Parcels ‘E’ and ‘F’ of the Cayuga Green Project was held on August 16, 2006, following the required public advertisement thereof, and WHEREAS, the IURA approved the above-described changes, including all three bulleted changes to the premises to be conveyed, and incorporated them into its proposed property disposition of Parcels ‘E’ and ‘F’ at its August 24, 2006, meeting, and WHEREAS, sale of this property by the IURA requires approval by the City of Ithaca Common Council, and WHEREAS, the Planning, Economic Development and Environmental Quality Committee reviewed this matter at its August 16, 2006, meeting and recommended the following; now, therefore, be it RESOLVED, That the City of Ithaca Common Council hereby reaffirms its previous approval of the IURA-proposed disposition of Parcels ‘E’ and ‘F,’ located at 131-135 E. Green Street, Ithaca, NY to Cayuga Green LLC, now including the above-described changes to (1) the future use of the property, and (2) the description of the premises to be conveyed. Alderperson Clairborne remarked that housing units are being increased yet, no discussions have been held about an affordable housing component. He further stated that the IURA passed a resolution to direct staff to discuss with the developer an affordable housing or mixed income component or other measures that can be taken to make the housing more affordable. Alderperson Tomlan stated that she is pleased that the scale of the project has been reduced in scope, and is also happy about the 7th Arts component of the project. She further stated that the housing component in downtown will help local businesses, and that efforts need to be maintained to continue to add affordable housing units. A vote on the Resolution resulted as follows: Ayes (8) Coles, Seger, Clairborne, Zumoff, Tomlan, Gelinas Townsend, Cogan Nays (1) Korherr Carried September 6, 2006 18 CITY ADMINISTRATION COMMITTEE: City Chamberlain’s Office - Authorization to Open Brokerage Account - Resolution By Alderperson Coles: Seconded by Alderperson Townsend WHEREAS, the City of Ithaca acquired Penn Traffic Common Stock in satisfaction of a claim against Penn Traffic in bankruptcy, and WHEREAS, the City wishes to sell the stock to offset the claim, and WHEREAS, in order to sell the stock, the City must open a brokerage account; now therefore be it RESOLVED, That Debra Parsons, as Chamberlain of the City of Ithaca, is authorized to execute on behalf of the City of Ithaca any agreements or other necessary documents with Ameriprise Financial. These include agreements related to brokerage accounts; execution of documents required by the resolution of these agreements; and perform all acts that may be necessary to carry out the intent of these agreements and this Council Resolution, and be it further RESOLVED, That the entities receiving this resolution may rely on this Council Resolution authorizing Debra Parsons to conduct negotiations regarding the dispositions of the City of Ithaca's Penn Traffic Common Stock until advised in writing of possible changes. Alderperson Coles explained the history behind this resolution. A vote on the Resolution resulted as follows: Carried Unanimously Planning and Development and Public Works Departments - Resolution Authorizing the Creation of a Capital Project For the Grant Application to the Environmental Protection Fund for the Planning and Design Phases for Sediment Removal (dredging) in the Lower Reaches of Cayuga Inlet, the Flood Control Channel, Fall Creek, Cascadilla Creek, and Six Mile Creek. By Alderperson Coles: Seconded by Alderperson Cogan WHEREAS, on June 9, 2006, Common Council passed a resolution authorizing and directing H. Matthys Van Cort, as Director of Planning & Development for the City of Ithaca, to file an application for funds from the New York State Department of State Environmental Protection Fund’s Local Waterfront Revitalization Program in accordance with the provisions of Title 11 of the Environmental Protection Act of 1993 in an amount not to exceed $133,178.00, and upon approval of said request to enter into and execute a project agreement with the State for such financial assistance to the City of Ithaca for the Planning and Design phases of the project to dredge the lower reaches of Cayuga Inlet, the Flood Control Channel , Fall Creek, Cascadilla Creek, and Six Mile Creek, and WHEREAS, the resolution states that “the local share of this grant application will be derived from City of Ithaca financing and in-kind services.” and WHEREAS, this is a reimbursable grant program with a 50% local match, and WHEREAS, the total project cost is $266,356, $133,178 of which will be the local match, and, WHEREAS, the Department of State will announce grant awards for the 2006-2007 cycle of the Environmental Protection Fund’s Local Waterfront Revitalization Program during the fall of 2006, and, WHEREAS, it is advantageous to establish the necessary Capital Project in advance of the grant award, now, therefore be it RESOLVED, That Capital Project 700, for the Planning and Design Phases for sediment removal (dredging) in the lower reaches of Cayuga Inlet, the Flood Control September 6, 2006 19 Channel, Fall Creek, Cascadilla Creek, and Six Mile Creek, is hereby established in the amount of $266,356, and be it further RESOLVED, That necessary funding for said project shall be derived from a General Fund advance with later repayment with the issuance of serial bonds, and be it further RESOLVED, That establishment of said Capital Project shall be contingent upon EPF grant approval. Carried Unanimously Motion to Adjourn into Executive Session to Discuss a Personnel Matter By Alderperson Coles: Seconded by Alderperson Gelinas RESOLVED, That Common Council adjourn into Executive Session to discuss a personnel matter. Carried Unanimously Common Council reconvened back into Regular session with no formal action taken. NEW BUSINESS: Request of Ithaca Downtown Partnership to Permit Wine and Hard Cider Tasting and Sale of Bottled Wine and Hard Cider at the 2006 Apple Harvest Festival on the Commons – Resolution By Alderperson Korherr: Seconded by Alderperson Zumoff WHEREAS, the Ithaca Downtown Partnership has requested permission for wine and hard cider tasting and sales as part of the 2006 Apple Harvest Festival; now, therefore, be it RESOLVED, That the Ithaca Downtown Partnership be authorized to arrange for wine and hard cider tasting and sale of bottled wine and hard cider at booths during the Apple Harvest Festival on the Ithaca Commons, September 29 through October 1, 2006, and, be it further RESOLVED, That the Ithaca Downtown Partnership and participating wineries shall comply with all applicable state and local laws and ordinances, and shall enter into an agreement providing that it will hold the City harmless and indemnify the City on account of any claims made as the result of the sale or tasting of wine and hard cider on the Ithaca Commons, and, be it further RESOLVED, That the Ithaca Downtown Partnership or the participating winery or cider company shall agree to maintain liability insurance in the amount of $1,000,000.00 and Dram Shop Act coverage in the minimum amount of $1,000,000.00 naming the City of Ithaca as an additional insured, and shall provide evidence of such insurance to the City Clerk prior to the event. Carried (8-0) Alderperson Coles absent from vote Extension of Meeting: By Alderperson Korherr: Seconded by Alderperson Cogan RESOLVED, That Common Council extend the meeting to 11:30 p.m. Ayes (4) Korherr, Cogan, Tomlan, Zumoff Nays (4) Seger, Clairborne, Townsend, Gelinas Failed (4-4) Alderperson Coles absent from vote Extension of Meeting: By Alderperson Cogan: Seconded by Alderperson Tomlan RESOLVED, That Common Council extend the meeting to 11:20 p.m. Ayes (7) Coles, Clairborne, Zumoff, Tomlan, Gelinas, Korherr, Cogan Nays (2) Townsend, Seger Carried September 6, 2006 20 INDIVIDUAL MEMBER – FILED RESOLUTIONS: An Ordinance to Amend Chapter 232 of the City of Ithaca Municipal Code entitled: “Licensing of Businesses & Occupations,” Regarding Taxi Cab Rates By Alderperson Korherr: Seconded by Alderperson Gelinas WHEREAS, the City of Ithaca wishes to encourage the provision of taxicab and livery service in and throughout the City and the region, by the private sector, so that citizens who do not own automobiles, and others, have an alternative means of transportation available at any time, regardless of trip origin or destination, and WHEREAS, the City of Ithaca has chosen to regulate and restrict the fares that may be charged by the operators of taxicabs, in order to protect the users of such services from inconsistent or excessive charges, and, in its regulations, has provided a mechanism for the disposition of disputed fares, and WHEREAS, the Community and Neighborhood Service Committee, at its February 8, 2006 meeting, approved the creation of a subcommittee to review taxi operations within the City of Ithaca and in conjunction with the Town of Ithaca, to research taxi operations and regulation throughout New York State and to develop a comprehensively revised ordinance that provides for more effective regulation, in light of local factors within the City and the Town of Ithaca, and WHEREAS, the subcommittee has been meeting regularly but is not yet prepared to recommend a comprehensively revised ordinance, and WHEREAS, the most recent increase in taxicab fares ($0.25 per passenger per trip) was approved by the Common Council on July 7, 2004, and WHEREAS, according to data from the U.S. Department of Energy, Energy Information Administration, the average price of regular conventional retail gasoline in New York State, for the week of July 5, 2004, was $2.04 per gallon, and WHEREAS, the cost of gasoline has risen dramatically over the past several years, and, for the week of August 21, 2006, the cost for comparable fuel in New York was $3.05 per gallon, and WHEREAS, gasoline is a significant component of the cost of operating a taxicab service, which cost can be effectively recovered only through fares, and WHEREAS, at least one company providing taxicab services within the City of Ithaca has ceased operations, reportedly due to the unrecoverable higher costs of fuel, and the economic necessity of making such recovery possible, without delay, has been demonstrated, and WHEREAS, other cities and states which regulate taxicab fares have struggled with this same issue, and as a result have implemented a versatile schedule of fuel surcharges that directly reflect the fluctuating costs of fuel and allow taxicab providers to recover those costs, and WHEREAS, the formula for calculating such fuel surcharges is typically arrived at by: 1. Estimating the average length of a taxicab ride; 2. Estimating the average gas mileage of a taxicab; 3. Selecting a “base date” (eg., the date of the most recent increase in regulated rates); 4. Determining what the applicable cost of fuel was on the base date; 5. Calculating the cost of fuel per taxicab ride on the base date (average length of ride divided by average gas mileage of taxicab multiplied by price of fuel on base date) 6. Calculating the current cost of fuel per taxicab ride (average length of ride divided by average gas mileage of taxicab multiplied by current price of fuel) 7. Subtracting #5 from #6 (and rounding off to nearest nickel or dime); and September 6, 2006 21 WHEREAS, the Public Utilities Commission (PUC) of the State of Pennsylvania, which regulates taxicab fares on a statewide basis, has developed and implemented (as of June 1, 2006) a Fuel Cost Recovery Surcharge based on the process described above, which surcharge amounts to 5 cents per paying passenger per trip, for every 10-cent per gallon increase in the cost of gasoline since the base date (the PUC having determined that the average length of a taxicab trip is 6.8 miles, and that the average gas mileage for taxicabs is 15 miles per gallon), and WHEREAS, the adjacent State of Pennsylvania, with a mix of some urban and mostly suburban and rural areas, can be considered comparable to New York State for the purpose of establishing an equitable formula for calculating a flexible fuel surcharge; now, therefore be it ORDINANCE 06- ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows: SECTION 1. Chapter 232 (“Licensing of Businesses and Occupations”), Article VI (“Taxicabs”), Section 232-70 (“Rates”), subsection A, entitled “Taxicab Zones and Rates,” of the City of Ithaca Municipal Code, is hereby amended to read as follows: A. Taxicab zones and rates. The City of Ithaca is hereby divided into zones as shown on a map and schedules entitled "Taxicab Zones and Rates Schedules, City of Ithaca," which said map and schedules, appended herewith, are hereby declared to be a part of this article. Schedule A therein depicts the base zone charges, for one passenger, for a trip between the designated zones. Schedule B depicts the fuel cost recovery surcharge which may be added to the applicable base zone charge, as set forth in subsection B, below. Except as otherwise provided in Subsection B C below, the prices that may be charged by the owners or drivers of taxicabs for the transportation of a passengers within the City shall not exceed the cumulative, applicable amounts shown on said map and schedules, under the heading "Zone Charges - One Passenger," or, for additional passengers, all as shown on said schedules and as set forth in section C, below. At least once E every three years, during the month of April, the amounts shown on said map and schedules will shall be reviewed by Common Council to determine if the rate schedule in force at the time remains appropriate. The following notice shall be conspicuously posted in full view of passengers: “Rate maps and schedules for fares in the City of Ithaca, together with the full text of the city's rate law and a copy of the most recent applicable fuel surcharge confirmation, are available upon request from the driver of this taxicab, according to City ordinance.” SECTION 2. The following new subsection (“B”) is hereby added to and inserted into Chapter 232 (“Licensing of Businesses and Occupations”), Article VI (“Taxicabs”), Section 232-70 (“Rates”), of the City of Ithaca Municipal Code, after subsection A, and the subsequent subsections are hereby re-lettered accordingly: B. Fuel Cost Recovery Surcharge. 1. Effective October 1, 2006, a fuel cost recovery surcharge may be added to the base zone charge for a taxicab passenger, subject to the following. This surcharge is based on the following findings: a. The estimated average length of a taxicab trip is 6.8 miles; b. The estimated average gas mileage of a taxicab is 15 miles per gallon of fuel; c. Thus, the average taxicab trip uses .45 gallons of fuel; d. The incremental effect, on the cost of an average trip, of each 10-cent per gallon increase in the cost of gasoline, since the last adjustment of the base zone rates, is deemed to be an additional 5 cents. September 6, 2006 22 2. Based on the foregoing, a chart setting forth the applicable fuel cost recovery surcharge at each level of current gasoline prices is included in Schedule B of the aforementioned “Taxicab Zones and Rates.” 3. Using the chart in Schedule B, the amount of the applicable fuel surcharge shall initially be determined as of October 1, 2006, and shall be determined and adjusted as of January 1st, April 1st, July 1st and October 1st of each year thereafter. 4. For the quarter commencing on each such effective date, the amount of the surcharge shall be based upon the average, regular conventional retail gasoline price per gallon in New York State, as reported by the U.S. Department of Energy, Energy Information Administration (or its successor agency), for the date which is 10 days before each of the effective dates set forth immediately above. 5. The amount of the surcharge shall be confirmed, in writing, by the office of the Controller of the City of Ithaca, at least 5 days before each of the effective dates set forth above, which confirmation shall be made available by that time at City Hall and on the City of Ithaca’s internet website. 6. No taxicab owner or driver may charge or collect any fuel surcharge unless: a. The surcharge sought is the surcharge amount then in effect; b. The owner or driver has procured written confirmation by the office of the City Controller, of the surcharge currently in effect; and c. The owner or driver can display a copy of said confirmation to the passenger, prior to collection of the fare. SECTION 3. The “Taxicab Zones and Rates Schedule” appended to Chapter 232 of the City of Ithaca Municipal Code is hereby replaced with the following: Taxicab Zones and Rates Schedules, City of Ithaca Map of Taxicab Zones, City of Ithaca NOTES ON FARES, INCLUDING ADDITIONAL CHARGES: 1. One child age 5 or under can ride free if accompanied by adult. 2. Passengers age 65 or older receive a discount of $1.15 off regular fare. 3. Fuel surcharge as confirmed quarterly by City Controller may be added to base zone charge. 4. $0.50 may be added to fare for each additional passenger of same party and same destination. 5. Late night surcharge of $0.50 per passenger added for trips between 8:00 pm and 5:00 am. 6. Baggage: No charge for 1 travel bag and 2 suitcases (no larger than 2 feet by 2 feet by 6 inches), per passenger. Fee of $1.00 for each additional or oversized piece of luggage under 25 pounds. Fee of $5.00 for each additional or oversize piece of luggage over 25 pounds. Fee of $2.50 per pair of skis. No charge for up to 5 paper grocery bags or up to 10 plastic grocery bags. Fee of $0.25 per bag for each additional bag. 7. Driver may require pre-payment of all charges. 8. See Ithaca City Code, Chap. 232, Article VI (available from driver) for complete regulations. September 6, 2006 23 SCHEDULE A: Base Zone Charges - One Passenger Departure Zone 1 2 3 4 5 6 Destination 1 4.60 5.10 5.10 5.10 5.60 5.60 Zone 2 5.10 4.60 5.10 5.10 5.60 5.60 3 5.10 5.10 4.60 5.10 5.10 5.10 4 5.10 5.10 5.10 4.60 5.10 5.10 5 5.60 5.60 5.10 5.10 4.60 5.10 6 5.60 5.60 5.10 5.10 5.10 4.60 NOTES: 1. Fuel Cost Recovery Surcharge may be added to base charge (See Schedule B). 2. The charges shown in this Schedule are the same as those temporarily approved by Common Council on July 11, 2004, and subsequently re- enacted on April 5, 2006. SCHEDULE B: Fuel Cost Recovery Surcharge (Added to Base Zone Charge) FUEL COST PER GALLON AMOUNT OF SURCHARGE TO BE ADDED (per US Dept of Energy data) TO APPLICABLE BASE ZONE CHARGE below $2.10 $.00 $2.10 - $2.19 $.05 $2.20 - $2.29 $.10 $2.30 - $2.39 $.15 $2.40 - $2.49 $.20 $2.50 - $2.59 $.25 $2.60 - $2.69 $.30 $2.70 - $2.79 $.35 $2.80 - $2.89 $.40 $2.90 - $2.99 $.45 $3.00 - $3.09 $.50 $3.10 - $3.19 $.55 $3.20 - $3.29 $.60 $3.30 - $3.39 $.65 $3.40 - $3.49 $.70 $3.50 - $3.59 $.75 $3.60 - $3.69 $.80 $3.70 - $3.79 $.85 $3.80 - $3.89 $.90 $3.90 - $3.99 $.95 $4.00 - $4.09 $1.00 - Ad Infinitum – NOTES: 1. Fuel surcharge amount is adjusted quarterly, as of January 1st, April 1st, July 1st and October 1st of each year. 2. Surcharge cannot be collected unless taxicab driver can produce a copy of a confirmation of current surcharge amount from the office of the City Controller. SECTION 4. Severability. Severability is intended throughout and within the provisions of the ordinance. If any section, subsection, sentence, clause, phrase or portion of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall not affect the validity of the remaining portions of this ordinance. SECTION 5. Effective Date. This Ordinance shall take effect immediately and in accordance with law upon publication of notice as provided in the Ithaca City Charter. September 6, 2006 24 Alderperson Korherr explained the concept of a fuel cost recovery surcharge. Every three months the fuel surcharge will be reviewed, and the City Controller will notify the City Clerk and Taxi Companies of what surcharge may be charged. Common Council will review this procedure every three years. Alderperson Gelinas voiced his support for this interim solution. Alderperson Korherr thanked the City Attorney’s office for their hard work in incorporating all of this information into the ordinance. Alderperson Townsend stated that this effort is not in response to the verbal threats; it is addressing the need of a critical service in the community. Alderperson Clairborne stated that this is good work, but problematic due to public perception of City responding to verbal threats. He further noted that this ordinance does not address some of the original concerns. The sub-committee had many items nearly resolved. He further noted that the Individual Member Filed legislation process versus committee process can cause confusion. Call the Question: By Alderperson Townsend: Seconded by Alderperson Coles RESOLVED, That the question be called on the Ordinance to Amend Chapter 232 of the City of Ithaca Municipal Code. Carried Unanimously Main Motion: A vote on the Main Motion resulted as follows: Ayes (8) Coles, Seger, Zumoff, Tomlan, Gelinas, Townsend, Cogan, Korherr Nays (1) Clairborne Abstentions (0) Carried (8-1) REPORTS OF COMMON COUNCIL LIAISONS: Alderperson Clairborne reported on the Recreation Partnership and stated that the County may possibly remove funding in their budget for the Partnership. ADJOURNMENT: On a motion the meeting adjourned at 11:25 p.m. ______________________________ _______________________________ Julie Conley Holcomb, CMC Carolyn K. Peterson, City Clerk Mayor