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HomeMy WebLinkAboutMN-CC-2007-01-03COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 7:00 p.m. January 3, 2007 PRESENT: Mayor Peterson Alderpersons (8) Coles, Seger, Berry, Tomlan, Zumoff, Townsend, Cogan, Korherr OTHERS PRESENT: City Clerk – Conley Holcomb City Attorney – Hoffman City Controller – Thayer Deputy Planning & Development Director – Cornish Superintendent of Public Works – Gray Fire Chief – Wilbur Deputy Economic Development Director – DeSarno Police Chief – Signer Building Commissioner - Radke EXCUSED: Alderpersons Gelinas and Clairborne 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 requested that Item 15.1 be moved up to after the Consent Agenda items. No Council member objected. Community and Neighborhood Services Committee: Alderperson Korherr requested the addition of Item 9.3 Proposal to Modify Temporary Off-Leash Dog Area, and to Identify Potential, Suitable Locations for a Permanent Off- Leash Dog Area on City-Owned Lands; Designation of Lead Agency - Resolution No Council member objected. SPECIAL PRESENTATIONS BEFORE COUNCIL: Nathan Shinagawa, 4th District Legislator reported on the following issues: - Tim Joseph has been re-elected as Chairperson, and Leslyn McBean-Clairborne has been re-elected as Vice Chairperson of the Tompkins County Legislature - A new committee was appointed to lead the Health Department Building Project. Frank Proto has been appointed Chair of this committee. - The Tompkins County Legislature passed legislation that rejected the Berger Committee Report - The Tompkins County Regional Airport underwent a review by the FAA and no problems were identified. - Nathan Shinagawa has been appointed Chair of the Health & Human Services Committee PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: Frank Proto, Tompkins County Legislator, addressed Council to lend his support to the City’s resolution regarding Lakeside Nursing Home and the rejection of the Berger Commission Report. He further thanked the City for its commitment to purchase bio- diesel fuel. January 3, 2007 2 John Graves, City of Ithaca, addressed Council in support of the proposed Emergency Notification Resolution. Merry Jo Bauer, Town of Ithaca, addressed Council in support of a fenced-in, off-leash dog park. Ken Zesserson, Town of Ulysses, addressed Council regarding the success of the off- leash dog park and stated that he believes that dogs and birds can co-exist. Carol Malison, Town of Newfield, addressed Council in support of the City’s resolution to reject the Berger Commission Report and urged everyone to do what they can to keep Lakeside Nursing Home open. Joel Harlan, Town of Newfield, addressed Council in support of efforts to keep Lakeside Nursing Home open; the development of the Southwest Urban Neighborhood; and the tax-exempt status of Cornell University. Susanne Morgan, City of Ithaca, addressed Council in support of an off-leash dog park and urged support in the effort to keep Lakeside Nursing Home open. Doria Higgins, Town of Ithaca, addressed Council in opposition to the use of the Festival Lands as an off-leash dog park and stated that she supports the effort by New York State Parks to acquire that parcel of land. Betty Falcao, City of Ithaca, addressed Council in support of the resolution to reject the Berger Commission Report to close Lakeside Nursing Home. She further stated that New York State Legislature can still take action regarding the report. Mark Whitmore, City of Ithaca, thanked Council for addressing the issue of the dog park; however, he voiced concerns regarding the migratory and grass nesting birds that inhabit the area. He recommended putting up a fence to exclude the grasslands from the off-leash dog park area. Kenny Christianson, City of Ithaca, addressed Council in support of a SEQR review of the off-leash dog park area and in support of the resolution opposing the closing of Lakeside Nursing Home. Tony Ingraham, Town of Ithaca, addressed Council in support of the SEQR process for the proposed off-leash dog park and stated that it is important to maintain an area for the migratory birds. He further voiced his support of fencing the area. Herb Engman, Town of Ithaca, addressed Council to share his observances of the use of the off-leash dog park area. He stated that he supports the SEQR review of the proposed dog park area. Neil Oolie, City of Ithaca, addressed Council regarding paperless electronic voting concerns, and global warming concerns. Ken Friedman, Village of Cayuga Heights, addressed Council to thank them for the temporary off-leash dog-park. He voiced his support of the SEQR review for a permanent site, but stated that a credible proposal needs to be developed. Betsy Boush, City of Ithaca, addressed Council in support of an off-leash dog park and spoke about the bird habitat in the grasslands, the shoreline and the Hog’s Hole area. She stated that she has not seen a significant impact on the birds in that area as a result of the off-leash dog park. Brian Zapf, Seneca County, addressed Council in support of the off-leash dog park and stated that he recognized the temporary nature of the park pending permanent site location and SEQR review. He further voiced his support of protecting the natural areas. January 3, 2007 3 Linda Russo, City of Ithaca, addressed Council to recommend that a panel be established to discuss the competing uses of the Festival Lands. Carla Shafer, City of Ithaca, addressed Council in support of an off-leash dog park and voiced her sensitivity to concerns regarding birds and the best long term use of the area. She would like to see minimal fencing due to visual impacts, as well as an active educational program. David Nutter, City of Ithaca, addressed Council regarding the wildlife value of the Festival Lands. He stated that he supports the SEQR process as well as a well defined area for the off leash dog park along with enforcement of the rules. Jud Kilgore, Medical Director of Lakeside Nursing Home, addressed Council to let them know that Lakeside Nursing Home is a wonderful resource for Cayuga Medical Center while people convalesce. He further stated that the Berger Commission made their recommendations based on outdated information. Nathan Shinagawa, Tompkins County Legislator, addressed Council to inform them that the Berger Commission Report has wide implications for the State. He stated that members of the Tompkins County Legislature would attend the NYS Assoc. of Counties meeting to speak on this topic. Scott Lawhead, City of Ithaca, addressed Council in support of an off-leash dog park. He stated that he also enjoys bird watching with his kids and enjoys the multi-use of the park. Megan MacCallum, Town of Freeville, addressed Council in support of an off-leash dog park and the open process that involved public input. Lucia Sacco, Town of Ithaca and Admissions Coordinator of Lakeside Nursing Home, addressed Council in support of the City’s resolution rejecting the Berger Commission Report and stated that the report’s conclusions are flawed. Dooley Kiefer, Village of Cayuga Heights, addressed Council in support of the City’s resolution rejecting the Berger Commission Report. She further stated that she supports the SEQR review process for the off-leash dog park. Pam Mackesey, City of Ithaca, addressed Council in support of Lakeside Nursing Home and stated that she supports an off-leash dog park, but not in the Festival Lands area. Guy Gerard, City of Ithaca, addressed Council regarding the Water Treatment Plant and stated that a decision should be made by the Mayor and Common Council, not the Board of Public Works. Connie Stirling, Town of Ithaca, addressed Council in support of Lakeside Nursing Home and rejection of the Berger Commission Report. Joyce Gerbasi, Town of Dryden, addressed Council in support the SEQR process for the off-leash dog park area and the need for fencing in the area. Alicia Plotkin, Town of Ovid, addressed Council in support of Lakeside Nursing Home. She thanked Council for the time spent on the dog park issue, and stated that she supports the creation of an off-leash dog park and the SEQR process. January 3, 2007 4 PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR: Alderperson Coles provided an update on the War in Iraq: 3,004 American casualties, 250 casualties from other countries, 50,000 non-mortal casualties, 50,000-100,000 Iraqi casualties. Alderperson Coles further stated that she has spent many hours at Lakeside Nursing Home with her family. She stated that the closing of the facility would be enormous hardship for residents of the City and she hopes that Council’s proposed resolution will have an impact on that decision. Alderperson Zumoff thanked the speakers for their comments. He stated that Common Council members listen to all comments and consider them very seriously. Alderperson Korherr thanked the speakers for their comments. She responded to comments made about the dog park and stated that land use issues are complicated. She also responded to comments made regarding Lakeside Nursing Home. Alderperson Cogan thanked the speakers for their comments. He responded to comments made regarding the dog park and explained the actions that Common Council took at their October 4, 2006 meeting. He stated that Common Council does not encourage dog walkers to break the laws in other parts of the city. Mayor Peterson presented her State of the City address as follows: State of City Address January 3, 2007 “Our city administrative legislation states that the Mayor address the Council at the first regular meeting of the year with “respect to the needs and resources of the city, including such programs and proposals for the good of the city as he/she may wish to recommend.” 2006 was a very busy year for the City of Ithaca, and looking back one year at this same time, much progress has been made on the items listed in the 2006 State of the City Address. First and foremost I wish to acknowledge our city employees. The work plans and policies established by the Common Council could not be carried out without the hard day-to-day work of the people who work for the City of Ithaca. I thank the thirteen departments and their respective department heads for carrying out the policies. And finally, appreciation to Common Council; 2006 included many long meetings and difficult decisions. Secondly, I am looking forward to 2007 as the year of cooperative partnerships. The work of the City/Town study group for shared services or consolidation has had an enthusiastic start. The research includes the history behind this topic as well as a hard look at the possibilities of shared services/consolidation opportunities in 2007. The work is anticipated to be completed by the end of this year. The City is also an active member in the newly formed Tompkins County Council of Governments. Working in concert with the other municipalities can only bring progress and cooperation to many issues that we jointly face. The City is embarking on a new relationship with Cornell University with its new administration. The City is vitally interested, and active, in the university’s master plan process and community economic assessment. A key community partnership included discussions in 2006 with young people of color to hear about their experiences in Ithaca. Additionally, many issues regarding racism and class arose during deliberations regarding the Doctor Martin Luther King street naming. These issues are important to the City of Ithaca. Next steps will include a meeting with leaders in our community to identify key areas to focus on in 2007. Lastly, a theme of our new Governor, Eliot Spitzer, is to revitalize and rebuild the economy and presence of New York State. This must include State support of cities. Fiscal pressures, including new State mandates, continue to impact finances in cities. Restoring State aid to levels commensurate with the late 1980s, support of urban centers and infrastructure, and statewide economic future plans will all improve the outlook for Ithaca. Partnerships have strengthened interdepartmentally in the City as well. Multi department efforts that will continue this year include new, more efficient processes in January 3, 2007 5 the building department, continuing the training citywide of all employees in the Federal Emergency Management Administration Incident Command System, and the Commercial Driver License program held at GIAC. Cooperative training and relationships with the county-wide dispatch center will be key to fire and police services in 2007. Third, housing-quality, quantity, and affordability- will continue to be a priority for the City, in partnership with the county, the town, and other public and private entities. The lack of housing not only affects quality of life for people in our community, but has also been noted as a top need for improvement related to countywide economic development. In conjunction with the Ithaca Urban Renewal Agency, the public and private portions of the Cayuga Green projects will continue with significant progress. A resolution to the cleanup and improvement of the Ithaca Gun site is also a top priority. A quick review of the 2006 message indicated several special committees--the review of proposals for Inlet Island, the state and future of Collegetown, a committee to analyze the infrastructure of the Commons, and a parking management team. In early 2007, review of Inlet Island proposals continues with a preferred developer, and the Collegetown Vision Statement will be released. Parking management is a continuous topic and the parking committees will be ongoing. In 2007, top priorities that involve special committees include continued work on the implementation of the Southwest Vision plan through a request for qualifications due this spring, creation of the Local Action Plan committee to oversee initiatives for the city that will reduce our greenhouse gas emissions, and work on the newly formed committee on youth violence. The Public Information Officer Team will be expanded as the city seeks next steps in improved communications, both internal and external, by selecting a few options to implement in early 2007. The City’s financial outlook has been improving. This has allowed the city, through our budget decisions, to begin to catch up to the losses from State aid nearly 15 years ago. We look forward to significant infrastructure improvements this year—for the first time in years, street work will make a noticeable impact, a new sidewalk crew will improve the pedestrian infrastructure, the Commons infrastructure committee will continue in 2007, and citywide building systems improvements through energy performance contracting are anticipated. The City will make a decision in the Spring on a solution for replacement of the aged Water Treatment Plant. Progress is anticipated on a number of trails in the community: the Waterfront Trail, the Black Diamond Trail, and the Gateway trails. A plan for dredging of the Inlet and other streams will be started this year. Additionally, the City has retained its bond rating with Moody’s, placing Ithaca in the top 6 cities in New York State. As I mentioned above, this incredible amount of work can only be achieved with partnerships. Working together as an elected body with the City employees, or as a City with a county, or as a City with the public, or as a City with our many neighbors— whether business, educational, or non-profit-will be the key to success this year.” Mayor Peterson reported that she would be making changes to the standing committee structures that would take effect in February. The new standing committees will be: City Administration Committee Environmental & Neighborhood Quality Planning & Economic Development Communication and Emergency Services. Special Committees: Charter Review Zoning & City Comprehensive Plan. RECESS: Common Council recessed the meeting at 9:10 p.m. RECONVENE: Common Council reconvened into regular session at 9:20 p.m. January 3, 2007 6 CONSENT AGENDA ITEMS: City Administration Committee: Finance/Controller – Designation of Official Newspaper - Resolution By Alderperson Berry: Seconded by Alderperson Cogan RESOLVED, That, pursuant to Section C-113 of the City Charter, the Ithaca Journal be and is hereby designated as the official newspaper of the City of Ithaca for the year 2007. Carried Unanimously Finance/Controller – Collateral to Secure Deposits - Resolution By Alderperson Berry: Seconded by Alderperson Cogan RESOLVED, That the collateral deposited by the Tompkins Trust Company, Bank of America and M&T Bank as reported, be approved as to form and sufficiency. Carried Unanimously Finance/Controller – Public Employee’s Blanket Bond - Resolution By Alderperson Berry: Seconded by Alderperson Cogan RESOLVED, That, pursuant to Section 11 of the Public Officers Law, the following Bond, which is on file in the Office of the City Clerk, be, and is hereby approved in all respects for the year 2007. Faithful Performance Blanket $250,000 National Grange Bond Coverage Mutual Insurance Co. Carried Unanimously Finance/Controller – Designation of Common Council Meetings- Resolution By Alderperson Berry: Seconded by Alderperson Cogan RESOLVED, That the regular meetings of the Common Council, for the year 2007 be held at 7:00 P.M., on the first Wednesday of each month, in the Common Council Chambers of City Hall, 108 East Green Street, Ithaca, New York, unless otherwise determined by Common Council. Carried Unanimously Finance/Controller – Designation of Official Depositories - Resolution By Alderperson Berry: Seconded by Alderperson Cogan RESOLVED, That pursuant to Section C-34 of the City Charter, the Tompkins Trust Company, Bank of America, JP Morgan Chase, Citizens Bank and the M & T Bank be, and they are, hereby designated as the official depositories of all City Funds for the year 2007 and are currently deposited as follows: TOMPKINS TRUST COMPANY ACCOUNT NAME ACCOUNT NUMBER City of Ithaca Operating Fund 01-201-001004 Employees Group Insurance Deductions 08-201-001004 City of Ithaca Payroll Fund 04-201-001004 City of Ithaca-Wire Transfer Community Enterprise Opportunity 06-201-001004 City of Ithaca BID Assessments 06-201-001055 Employees N.Y.S. Withholding Tax 08-201-001004 Employees U.S. Savings Bonds 08-201-001004 N.Y.S. Police, Fire and Employees Retirement System 08-201-001004 Payroll Benefits - Flexible Spending 08-201-001004 BC BS Insurance - Health 08201001004 BC BS Insurance – Vision 08201001004 Ithaca Area Wastewater Treatment Jt Account Operating 01-101-110103 Ithaca Area Wastewater Treatment Capital Fund 02-101-110103 January 3, 2007 7 BANK OF AMERICA ACCOUNT NAME ACCOUNT NUMBER Firemen's Relief Fund 267-010001 M & T BANK ACCOUNT NAME ACCOUNT NUMBER Department of Justice Grant 8890767380 Debt Service Fund 8890767398 Ithaca Area Wastewater Treatment Capital Reserve 9837877209 Ithaca Area Wastewater Treatment Capital Fund 8890767372 Parking Ticket Payment Account 8890767356 Trust Fund 8890767349 Capital Reserves 8890767331 Construction Fund 8890767315 Guaranty and Bid Deposits 8890767349 Health Facility Agreement 8890878349 Deposit on Water Meters 8890767349 Ithaca Fire Department Bunker Facilities 8890767349 Sale of Unclaimed Property 8890767349 Circle Greenway 8890767349 Conference on College and Community 8890767349 Center for Expressive Arts 8890767349 Peter DeWysocki Memorial Fund 8890767349 Cemetery Fund 8890767349 Commons Cultural Tourism 8890767349 Jack Kiely Scholarship Fund 8890767349 DeWitt Park Improvement Fund 8890767349 Centennial Art Work 8890767349 GIAC Youth Enterprise Fund 8890767349 FICA Overpayment Reimbursement 8890767349 Juvenile Firesetter's Program 8890767349 Capital Reserve Fund #4 - Bridges 8890767331 Capital Reserve Fund #11 - Parks and Recreation Areas 8890767331 Capital Reserve Fund #14 - Parking Areas 8890767331 Capital Reserve Fund #15 - Fire Engine Replacement 8890767331 Capital Reserve Fund #16 - Development of Water Sources 8890767331 Capital Reserve Fund #17 - Sewer Construction 8890767331 Capital Reserve Fund #17A – Mandatory Reserve for Sewer Plant Construction 8890767331 Capital Reserve Fund #20 - West Hill Water and Sewer Replacement 8890767331 Capital Reserve Fund #22 - Bus Replacement 8890767331 Capital Reserve Fund #23 - Public Works Equipment 8890767331 Capital Reserve Fund #24 - Energy Conservation 8890767331 Capital Reserve Fund #25 - Capital Improvements 8890767331 Capital Reserve Fund #26 - Land Acquisition 8890767331 Capital Reserve Fund #27 - DPW Consolidation 8890767331 Capital Reserve Fund #28 – Mandatory Debt Reserve 8890767331 ECHO 8890767349 Six Mile Creek Natural Area 8890767349 Thermal Imaging Unit 8890767349 Fire Department 175 Anniversary 8890767349 Rick Gray Memorial 8890767349 Stewart Park Carousel Fund 8890767349 Rt. 13 Plaza Light 8890767349 Northside Neighborhood Cleanup 8890767349 January 3, 2007 8 1896 Steamer Public Display Fund 8860767349 Moore Memorial 8890767349 Stewart Park Landscaping 8890767349 Wood Street Benches 8890767349 Child Safety Seats 8890767349 IPAC Escrow 8860767349 Carried Unanimously Common Council – Approval of 2007 Travel Policy - Resolution By Alderperson Berry: Seconded by Alderperson Cogan WHEREAS, there is to be held during the coming official year a) the New York State Conference of Mayors Annual Meeting and Training School; b) the New York State Conference of Mayors and Fall Training School for Fiscal Officers and Municipal Clerks, and other national and regional conferences as applicable, and WHEREAS, it is determined by the Mayor and Common Council that attendance by certain municipal officials and City employees at one or more of these meetings, conferences or schools benefits the municipality; now, therefore, be it RESOLVED, That Common Council, the Mayor and City employees are hereby authorized to attend said conferences or other applicable training events during 2007, and be it further RESOLVED, That the cost for all events must be derived from existing 2007 Departmental Budgets with appropriate approvals obtained as applicable, and be it further RESOLVED, That this resolution shall take effect immediately. Carried Unanimously INDIVIDUAL MEMBER – FILED RESOLUTIONS: Advocating Rejection of the Berger Commission Report and its Recommendation that Lakeside Nursing and Rehabilitation Home be Closed - Resolution By Alderperson Coles: Seconded by Alderperson Seger WHEREAS, Lakeside Nursing Home with its capacity of 260 beds, is the largest facility of its kind in Tompkins County; and, WHEREAS, Lakeside is home to 164 people who are very frail, elderly and the majority of whom are on Medicaid and without personal means to guarantee appropriate care within or outside of Tompkins County; and WHEREAS, closure of Lakeside would impose cruel hardships on the families and care- givers of those who now reside in the nursing facility as well as the hardship caused by job terminations of the 230 employees who are exemplary in their dedication, even in this typically exhausting, stressful occupation; and WHEREAS, Lakeside's closing would result in an estimated shortage of up to 155 skilled nursing beds in our area; and WHEREAS, the ramifications of this shortage are enormous, including the impact on the length of stay for patients waiting to be moved to a skilled nursing care facility from our only local hospital, Cayuga Medical Center; and WHEREAS, Lakeside's "right-sizing" plan addressing the very needs identified in the Berger Commission Report was submitted to the New York State Department of Health at least two times prior to the Berger Commission Report; and, WHEREAS, the Berger Commission data from 2004 is not based on Lakeside's plan which has meant a transition from 130 to 166 skilled nursing beds, soon to become 180, as noted by State Assemblywoman Barbara Lifton; now therefore be it January 3, 2007 9 RESOLVED, That the Mayor and Common Council of the City of Ithaca, New York, urge the rejection of the recommendations of the Berger Commission; and, be it further RESOLVED, That copies of this resolution be sent to Governor Eliot Spitzer; Senators Seward, Nozzolio and Winner; Assemblywoman Lifton; Health Committee Chairs Senator Kemp Hannon and Assemblyman Richard Gottfried. Alderperson Berry thanked Alderperson Coles for bringing this item forward and to all the supporters and staff who spoke on this issue. Mayor Peterson thanked Alderpersons Coles and Korherr for bringing this issue forward. A vote on the Resolution resulted as follows: Carried Unanimously COMMUNITY & NEIGHBORHOOD SERVICES COMMITTEE: Work Plan Items from Community & Neighborhood Services Committee for 2007 - Resolution By Alderperson Korherr: Seconded by Alderperson Berry WHEREAS, the Mayor of the City of Ithaca has created the Community and Neighborhood Services Committee (CNSC) to address public service delivery and neighborhood issues relating to, and directly affecting the residents, public and neighborhoods in the City of Ithaca, and WHEREAS, the Ithaca Police Department, Ithaca Fire Department, Greater Ithaca Activities Center, and the Ithaca Youth Bureau have been assigned by the Mayor to update the CNSC on the ability to deliver services, to collaborate with the committee on community service issues, and to present to the committee for review new program developments that minimize any negative impacts on service delivery while capitalizing on opportunities, and WHEREAS, that the diversity of the greater Ithaca community must be reflected in all collaboration and planning efforts, and WHEREAS, the Mayor, in her capacity overseeing City administration, provides the necessary planning and oversight of all programs and services provided to constituents, and collaboration with her office is crucial to the success of all planning projects, and WHEREAS, the CNSC realizes that some of the initiatives are time intensive and may carry over into subsequent years, now, therefore, be it RESOLVED, That Common Council acknowledges the exceptional work of these core service delivery departments and supports the CNSC and Mayor’s efforts throughout 2007 with the following initiatives: Evaluation of Temporary Dog Park Site and Environmental Review for Possible Permanent Locations Neighborhood Policing – Evaluate Successful Implementation in Other Cities, Evaluating Possible Benefits for the City of Ithaca Ithaca Fire Department Staffing Levels Taxi Ordinance Ithaca Fire Department Volunteer and Bunker Programs Pedestrian Awareness Committee Recommendations Race and Racism City Funding Commitment to Recreation Partnership and Review of Tompkins County Recommendations for 2007 - 2011 Public Information Planning – Internal, External, Emergency Based Bridging the Gap between the Ithaca City School District and City of Ithaca Annual Review of Memorandum of Understanding with Tompkins County for Dispatch Services GIAC Facility Needs Bicycle and Pedestrian Safety January 3, 2007 10 Crime and Emergency Response Statistics – Identifying Data Sources Youth Council Reality Check Beautification projects in the parks and neighborhoods Strengthening neighborhood associations Block Captain programs through neighborhood associations and be it further, RESOLVED, That scheduling and resource utilization will factor into the priority of each initiative, and that the CNSC recognizes that other committees and other departments will need to be involved in program planning, and be it further RESOLVED, That Common Council and the Mayor, in conjunction with all City departments will continuously work to identify areas of improvement for community and neighborhood services. Alderperson Korherr noted how important these issues are to the community and recommended that the Mayor re-assign them to the appropriate new standing committees. She further explained that “Reality Check” is a youth led organization that would like to work with Commons area merchants/vendors to prohibit marketing of tobacco based products. The “bridging the gap between ICSD and City of Ithaca” item was meant to address issues such as the lack of busing of Boynton students within a 2 mile radius and how that impacts the safety of the children and their ability to participate in GIAC after school programming. Amending Resolution: By Alderperson Seger: Seconded by Alderperson Coles RESOLVED, That the first Resolved clause be amended to read as follows: “RESOLVED, That Common Council acknowledges the exceptional work of these core service delivery departments and supports the efforts of the Standing Committees of Council and the Mayor’s efforts throughout 2007 with the following initiatives: Carried Unanimously Main Motion as Amended: A vote on the Main Motion resulted as follows: Carried Unanimously Integrated Internal Communication and Protocol for Elected Officials Relating to Emergency Response and Crime Prevention - Resolution By Alderperson Korherr: Seconded by Alderperson Cogan WHEREAS, Cities around the United States and world are using technology to improve interaction with the public, streamline internal operations, enhance productivity of city staff, and improve internal communications as well as external communications, it is only fitting and right that we support the City of Ithaca in the development of such a plan for both its internal and external communications functions; and; WHEREAS, The Mayor’s Office, Human Resources, Information Technology, Ithaca Fire Department, Ithaca Police Department, City Clerk/Emergency Public Information Officer, and other key departments have been meeting and discussing internal and external communication protocol over several years; and WHEREAS, the City of Ithaca has also looked at a variety of models and plans for establishing such a protocol, particularly for internal notification as it relates to a plan for appropriately advising elected officials at the City and all staff; and; WHEREAS, Members of Common Council recognize that numerous employees and key city officials have been working with the Mayor to identify various techniques and protocols as well as receiving extensive training on these important matters; and, WHEREAS, Over the past few years, Common Council members have been working diligently to uphold their sworn duties to inform their many publics and constituents of January 3, 2007 11 the various threats to public health, safety, and any increase in criminal offenses within the City; and; WHEREAS, In the past few months, Ithaca has witnessed an increase of violent crime and emergency situations that alarm our constituents and increase their desire for information from their elected leaders prior to the release of this information to the news media; and; WHEREAS, Unfortunately, some members of Common Council find out this information by either reading a newspaper or listening to the radio and in numerous cases, both recently and over the past few years, Common Council members are often “not in the information loop,” and this is a cause for serious concern and; WHEREAS, Members of Common Council request that there be a plan in place for integrated internal communication protocols which actively engage Common Council members within the hour of those threats to human life or other incidents which would cause alarm, worry, or fear in those constituencies served; and WHEREAS, Common Council members wish to work in partnership with the Mayor, Department heads, and other key city officials to ensure that the public is best served with timely information, now therefore be it RESOLVED, That Common Council members wish to be identified as critical components in the notification process as soon as events unfold that key emergency personnel and other crisis responders are privy to; and; be it further RESOLVED, That Common Council hereby requests that such a plan for Integrated Internal Communication and Protocol for Elected Officials Relating to Emergency Response and Crime Prevention be made public and official by February 2007 and that whatever protocols that the Mayor and staff decide are most appropriate for the City of Ithaca, that at minimum, Common Council members are notified by telephone via their cell phones (or home phones if a cell phone is not in the possession of said Council Member) within the hour of those threats to human life or other incidents which would cause alarm, worry, fear, or other major disruptions or inconvenience to those constituents and neighborhoods served, and that elected representatives of the affected ward are included in any electronic correspondence with the media, and responding departments as they pertain to resolution of incidents, and be it further RESOLVED, That copies of this resolution are forwarded to every City Department and Deputy Department Head. Alderperson Korherr reported that constituents have an expectation that Common Council members will have information to answer their questions when different events occur in their wards. She further reported that upon review of the statistics for the day that the event occurred at Southside Community Center, there were 64 emergency response calls. The Southside incident and Ithaca High School incidents were called in to the 911 dispatch center seconds apart. Of the 64 calls, 60 of them would have qualified for notification under this resolution. She recommended that the Resolution be referred back to the appropriate committee for further discussion and consideration. Mayor Peterson suggested that this resolution be discussed at a Common Council Committee of the Whole meeting with appropriate staff based upon the different perspectives that have been voiced. Extensive discussion followed on the floor regarding communication protocols, FEMA training for elected officials, and Common Council’s role in emergency situations. January 3, 2007 12 Motion to Refer to Future Committee of the Whole Meeting By Alderperson Korherr: Seconded by Alderperson Berry RESOLVED, That this Resolution be referred to a future Common Council Committee of the Whole meeting for further discussion. Ayes (2) Korherr, Berry Nays (6) Zumoff, Tomlan, Cogan, Townsend, Coles, Seger Abstentions (0) Failed Discussion followed on the floor regarding which committee this item should be referred to for further review and discussion. Motion to Refer to New Standing Committee: By Alderperson Seger: Seconded by Alderperson Tomlan RESOLVED, That this Resolution be referred to the new Communication and Emergency Services Committee for discussion. Discussion followed on the floor regarding process. Alderperson Zumoff stated that he is not convinced that the issue is Common Council’s responsibility and he would like to see the item defeated on the floor of Common Council. A vote on the Motion to Refer to New Standing Committee resulted as follows: Ayes (7) Coles, Seger, Tomlan, Townsend, Korherr, Cogan, Berry Nays (1) Zumoff Abstentions (0) Carried Motion to Remove From the Table Item 10.1 From the October 4, 2006 Common Council Meeting entitled “Proposal to Identify Potential, Suitable Locations for a Permanent Off-Leash Dog Area on City-Owned Lands – Declaration of Lead Agency” By Alderperson Korherr: Seconded by Alderperson Cogan RESOLVED, That Item10.1 From the October 4, 2006 Common Council Meeting entitled “Proposal to Identify Potential, Suitable Locations for a Permanent Off-Leash Dog Area on City-Owned Lands – Declaration of Lead Agency” be removed from the table. Carried Unanimously Item 10.1 from the October 4, 2006 Meeting By Alderperson Seger: Seconded by Alderperson Gelinas WHEREAS, the Mayor’s Task Force created to consider the possibility of establishing one or more permanent 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, and WHEREAS, other potential locations for an permanent off-leash area have been suggested, including the City-owned land south of Cherry Street (between the railroad and the Flood Control Channel) and the substitute parkland which is proposed to be designated as the Southwest Natural Area, and 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 January 3, 2007 13 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 creation of an permanent off-leash area for dogs is an Unlisted Action under both the City of Ithaca Environmental Quality Review Ordinance and the State Environmental Quality Review Act, and WHEREAS, the involved agencies with regard to approvals that would be required for such a proposed off-leash dog area are the Common Council and the Board of Public Works, and, potentially, New York State Parks or the Town of Ithaca; now therefore be it RESOLVED, That Common Council does hereby declare its intent to find a suitable site, within or in close proximity to the City of Ithaca, where a permanent, safe and attractive off-leash area for dogs could be located; and be it further RESOLVED, That the Department of Planning and Development be directed: (1) to identify potential locations for such an off-leash area for dogs, including but not necessarily limited to part or all of the Festival Lands, the City-owned land south of Cherry Street and the substitute parkland proposed to be designated as the Southwest Natural Area, (2) in consultation with representatives of the dog-owning community and, as appropriate, the Natural Areas Commission and/or the Parks Commission, to develop appropriate, proposed parameters, at least in a conceptual form, for an permanent off-leash area at each such potential location (eg., boundaries, required fencing, parking, etc), and (3) to identify the potential impacts of the development of an permanent off- leash area at each such location, pursuant to SEQRA and CEQRO; and be it further RESOLVED, That the City of Ithaca Common Council does hereby declare itself to be the Lead Agency for the environmental review of the proposed establishment of such an a permanent off-leash dog area at the identified, potential locations, 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, New York State Parks and the Town of Ithaca, together with a copy of Part 1 of the Environmental Assessment Form for the action, and be it further RESOLVED, That this resolution is not intended to address the question of funding which may be required to implement such an off-leash area for dogs, or to commit the City to such funding, at any particular level or at any particular time. Motion to Substitute Item 9.3 – Proposal to Modify Temporary Off-Leash Dog Area, and to Identify Potential, Suitable Locations for a Permanent Off-Leash Dog Area on City-Owned Lands; Designation of Lead Agency – Resolution for Item 10.1 – Proposal to Identify Potential, Suitable Locations for an Off-Leash Dog Area on City-Owned Lands – Declaration of Lead Agency By Alderperson Korherr: Seconded by Alderperson Zumoff Alderperson Seger voiced concerns regarding the direction of the Ithaca Police Department to patrol the Festival Lands and the establishment of a capital project. January 3, 2007 14 Motion to Seek Advice of Counsel: By Alderperson Korherr: Seconded by Alderperson Cogan RESOLVED, That Common Council recess to seek the Advice of Counsel regarding the proposed resolution. Carried Unanimously Reconvene: Common Council reconvened into regular session. A vote on the motion to Substitute Item 9.3 - Proposal to Modify Temporary Off-Leash Dog Area, and to Identify Potential, Suitable Locations for a Permanent Off-Leash Dog Area on City-Owned Lands; Designation of Lead Agency – Resolution resulted as follows: Ayes (7) Coles, Berry, Zumoff, Tomlan, Townsend, Korherr, Cogan Nays (1) Seger Abstentions (0) Carried Item 9.3 - Proposal to Modify Temporary Off-Leash Dog Area, and to Identify Potential, Suitable Locations for a Permanent Off-Leash Dog Area on City-Owned Lands; Designation of Lead Agency - Resolution By Alderperson Korherr: Seconded by Alderperson Cogan WHEREAS, on October 4, 2006, Common Council amended Chapter 164 of the Ithaca City Code, by creating a temporary, one-year exemption (December 1, 2006, to December 1, 2007) from the requirement that dogs be leashed at all times (when not on the property of the owner), with regard to the City-owned area known as the “Festival Lands” adjacent to the Allan H. Treman State Marine Park and Cass Park, and, at the same time, directed the Board of Public Works to promulgate and post rules and regulations for the use of the area, by December 1, 2006; and WHEREAS, although not explicitly set forth in the resolutions adopted on October 4, 2006, it was at that time (as evidenced by discussions among Council members at the October 4, 2006 meeting) and remains the intention of Common Council to treat the decision regarding this temporary exemption from the leash law as a Type II action (not subject to environmental review), pursuant to the State Environmental Quality Review Act (SEQRA) and the City Environmental Quality Review Ordinance (CEQRO), because it is a “minor, temporary use of land having negligible or no permanent impact on the environment,” and because the temporary rescission of the leash law represents no substantive change from the actual, historical use of the area for more than 20 years, as a de facto, off-leash area for dogs (but without rules regarding proper off-leash behavior, until now, and with occasional ticketing for violation of the leash law); and WHEREAS, at its meeting on October 4, 2006, Common Council postponed action on a proposal to commence environmental review for the selection of one or more permanent locations for an off-leash dog area, as the logistics of such a process were unresolved at that point; and WHEREAS, on November 15, 2006, the Board of Public Works adopted rules and regulations for use of the off-leash area, which rules were posted at the Festival Lands by December 1, 2006, and WHEREAS, at the same time, the Board defined the boundary of the off-leash area as being outside of the 100-foot buffer area that surrounds the so-called “Hog Hole” designated wetland (almost all of which wetland is located on lands owned by New York State) and directed that the entire boundary of the off-leash area be demarcated with visually unobtrusive posts; and WHEREAS, since the aforementioned action, Common Council has received expressions of concern regarding the decisions not to conduct environmental review of the temporary rescission and not to construct a fence around the entire, off-leash area, from the Tompkins County Environmental Management Council, the New York State January 3, 2007 15 Office of Parks, Recreation and Historic Preservation and the Tompkins County Legislature (by an 8 to 7 vote); and WHEREAS, Common Council wishes to be responsive to these concerns, and to work with all involved parties to find a suitable, resolution to this issue which provides one or more permanent sites for an off-leash dog area while minimizing the impact on the natural environment; and WHEREAS, several potential locations for a permanent off-leash area have been suggested, including a portion of the Festival Lands (possibly in combination with some portion of the Allan H. Treman State Marine Park), City-owned land south of Cherry Street (between the railroad and the Flood Control Channel) and a portion of the substitute parkland proposed to be designated as the Southwest Natural Area; and WHEREAS, creation of a permanent off-leash dog area may involve longer-term impacts, such as the establishment of fencing and other, related infrastructure; and WHEREAS, the creation of a permanent off-leash area for dogs is therefore an Unlisted Action under both SEQRA and CEQRO; and WHEREAS, SEQRA and CEQRO require that for any non-exempt action, a Lead Agency be established for conducting environmental review of the action; and WHEREAS, the involved agencies with regard to approvals that would be required for such a proposed off-leash dog area are the Common Council and the Board of Public Works, and, potentially, New York State Parks (re: the Festival Lands plus Allan H. Treman State Marine Park) or the Town of Ithaca (re: the Southwest Natural Area); and WHEREAS, while, as noted above, the Festival Lands area has been used by off-leash dogs for decades, and some data on the level of such use has been gathered, there apparently is little data on the actual interaction of off-leash dogs at that site with any nearby areas of wildlife habitat, such as the Hog Hole wetland, which data can only be gathered through observation of off-leash dogs; and WHEREAS, the temporary rescission of the leash law, together with the applicability of posted rules and boundaries, provides a unique opportunity for the observation of the actual interaction of off-leash dogs with nearby areas of wildlife habitat (outside of the off-leash area) and the collection and analysis of data, with regard to any important impacts; now therefore be it RESOLVED, That, in response to concerns regarding possible bird-nesting in the so- called “tall grass” (unmowed) area of the Festival Lands, Common Council directs that the boundaries of the temporary off-leash area and accompanying signage be adjusted, as soon as possible, so as to exclude the tall grass area to the west of the marina parking lot, as well as the trail which leads into the tall grass area near the Lake; and be it further RESOLVED, That the Mayor is requested to ensure that the Ithaca Police Department include the temporary off-leash dog area in its regular patrol, for the purpose of enforcing the rules and regulations of the area, and citing any observed violations of the leash law; and be it further RESOLVED, That Common Council does hereby declare its intent to find a suitable site, within or in close proximity to the City of Ithaca, where a permanent, safe and attractive off-leash area for dogs could be located, without significant impact on the natural environment; and be it further RESOLVED, That the Department of Planning and Development be directed: to identify potential locations for such an off-leash area for dogs, including but not necessarily limited to part or all of (i) the Festival Lands, (ii) the City-owned land south of Cherry Street and (iii) the substitute parkland proposed to be designated as the January 3, 2007 16 Southwest Natural Area, in consultation with representatives of the dog-owning community, the Natural Areas Commission, the Parks Commission, and the County Environmental Management Council, named by the Mayor, to develop appropriate, proposed parameters, at least in a conceptual form, for a permanent off-leash area at each such potential location (eg., boundaries, required fencing, parking, etc), and to identify the potential impacts of the development of a permanent off-leash area at each such location, pursuant to SEQRA and CEQRO, including the collection and analysis of data regarding the actual interaction of off-leash dogs at the Festival Lands site with nearby areas of wildlife habitat; and be it further RESOLVED, That the procedure outlined above shall be commenced as soon as possible, with a goal of completing the environmental review by July 31, 2007; and be it further RESOLVED, That a capital project for the creation of a permanent off-leash dog area be established, that the sum of $5,000, derived from existing 2006 funds, be encumbered for the creation of a permanent off leash dog park, pending environmental review, and that the cost of the environmental review described above be borne by said account; and be it further RESOLVED, That the City of Ithaca Common Council does hereby declare itself to be the Lead Agency for the environmental review of the proposed establishment of a permanent off-leash dog area at the identified, potential locations, and be it further RESOLVED, That notice of Common Council’s intent to be the Lead Agency for this action be provided to the Board of Public Works, New York State Parks and the Town of Ithaca, together with a copy of Part 1 of the Environmental Assessment Form for the action, and be it further RESOLVED, That Common Council reiterates its intention to collaborate with the office of New York State Parks, in an attempt to address and resolve the interests of the two governmental entities, with regard to the use of the Festival Lands, the need for a suitable off-leash dog area and the need to protect the natural environment. Alderperson Korherr explained that this action does not extend the temporary off-leash regulations due to expire in December 2007. Alderperson Seger stated that he still has problems with extending the Ithaca Police Department patrol area to the Festival Lands. Amending Resolution By Alderperson Seger: Seconded by Alderperson Korherr RESOLVED, That the second Resolved clause be removed from the Resolution. Ayes (3) Seger, Townsend, Korherr Nays (5) Coles, Zumoff, Tomlan, Berry, Cogan Abstentions (0) Failed Motion to Extend Meeting By Alderperson Korherr: Seconded by Alderperson Coles RESOLVED, That the meeting be extended to 11:15 p.m. Ayes (7) Coles, Seger, Berry, Zumoff, Tomlan, Korherr, Cogan Nays (1) Townsend Abstentions (0) Carried Main Motion As Amended A vote on the Main Motion as amended resulted as follows: Ayes (7) Coles, Berry, Zumoff, Tomlan, Townsend, Korherr, Cogan Nays (1) Seger Abstentions (0) Carried January 3, 2007 17 Alderpersons Korherr and Townsend stated that they would need to leave the meeting at 11:15 p.m. Alderperson Korherr offered the meeting time that is normally reserved for Community & Neighborhood Services Committee to Common Council to use to continue tonight’s meeting. Mayor Peterson stated that she would like to know ahead of time when Council members need to leave meetings early as it affects the quorum and she would like the option to adjust public speaking, etc. to make sure that important business is completed. Alderperson Berry left the meeting at 11:05 p.m. CITY ADMINISTRATION COMMITTEE: Request to Amend South Aurora Street Bridge Rehabilitation Capital Project – Resolution By Alderperson Coles: Seconded by Alderperson Cogan WHEREAS, a rehabilitation project for the South Aurora Street Bridge over Six Mile Creek, P.I.N. 375380 (“the Project”), is eligible for funding under Title 23 U.S. Code as administered by the Federal Highway Administration (“FHWA”), as amended, that calls for the apportionment of the costs of such program to be borne at the ratio of 80% Federal funds and approximately 20% non-federal funds, and WHEREAS, the City received bids for this project on December 11, 2006, and the low bid of $1,528,292.66 exceeded the project’s estimated construction cost of $1,286,048.71; now, therefore, be it RESOLVED, That Common Council hereby amends Capital Project 486 “South Aurora Street Bridge over Six Mile Creek” by an additional amount not to exceed $252,293 for a total project authorization of $1,995,293, and, be it further RESOLVED, That this project be undertaken with the understanding that the final cost of the City of Ithaca will be approximately five percent (5.0%) of the final approved project cost, currently estimated at $99,765 of the $1,995,293 authorized for this project, in monies and in-kind services, as managed by the Superintendent of Public Works and monitored by the City of Ithaca Controller. Carried Unanimously (7-0) Election of an Acting Mayor/Acting Alternate Mayor/Marriage Officers – Resolution By Alderperson Townsend: Seconded by Alderperson Korherr RESOLVED, That terms of Acting Mayor/Alternate Acting Mayor/Marriage Officers be extended to February 28, 2007. Carried Unanimously (7-0) MAYOR’S APPOINTMENTS: Reappointment to Environmental Management Council – Resolution By Alderperson Cogan: Seconded by Alderperson Tomlan RESOLVED, That Glynn Bebee be reappointed to the Tompkins County Environmental Management Council with a term to expire December 31, 2008. Carried Unanimously (7-0) Nomination of Mayor to serve on the Tompkins County Area Development Board – Resolution By Alderperson Cogan: Seconded by Alderperson Tomlan RESOLVED, That Common Council supports the nomination of Mayor Carolyn K. Peterson to serve on the Tompkins County Area Development Board with a term to expire December 31, 2007. Carried Unanimously (7-0) January 3, 2007 18 MAYOR’S APPOINTMENTS – Planning Board: By Alderperson Cogan: Seconded by Alderperson Tomlan RESOLVED, That John Snyder be appointed to the Planning & Development Board to fill a vacancy with a term to expire December 31, 2008, and be it further RESOLVED, That Tim Cullenen be appointed to the Planning & Development Board to replace Camille Tischler with a term to expire December 31, 2009. Carried Unanimously (7-0) RECESS: On a motion the meeting was recessed to Wednesday, January 10, 2007 at 7:00 p.m. ______________________________ _______________________________ Julie Conley Holcomb, CMC Carolyn K. Peterson, City Clerk Mayor