HomeMy WebLinkAboutMN-CC-2007-02-07COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 7:00 p.m. February 7, 2007
PRESENT:
Mayor Peterson
Alderpersons (10) Coles, Seger, Berry, Clairborne, Tomlan, Zumoff, Gelinas,
Townsend, Cogan, Korherr
OTHERS PRESENT:
City Clerk – Conley Holcomb
City Attorney – Hoffman
City Controller – Thayer
Deputy Director of Planning & Development – Cornish
Superintendent of Public Works – Gray
Human Resources Director – Michell-Nunn
Youth Bureau Director – Green
Police Chief – Signer
Deputy Director of Economic Development – DeSarno
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 the addition of an Executive Session to discuss labor
negotiations.
No Council Member objected.
Special Order of Business:
Alderperson Berry requested the addition of Item 4.1 - Resolution Naming Common
Council’s African American History Month Recognition.
No Council Member objected.
PROCLAMATIONS/AWARDS:
Mayor Peterson proclaimed the week of February 26 – March 4, 2007 as Peace Corps.
Week.
SPECIAL ORDER OF BUSINESS:
Resolution Naming Common Council’s African American History Month
Recognition
By Alderperson Clairborne: Seconded by Alderperson Berry
WHEREAS, the City of Ithaca Common Council recognizes and honors yearly, since
2004, an esteemed member of the City’s African-American community for leadership
and commitment to community, equality, justice, civil and human rights, and setting a
greater standard for Ithaca’s citizens, and
WHEREAS, this award is given during February in commemoration of Black History
Month, and
WHEREAS, in 2004, Common Council bestowed the first of this honor on former
Alderwoman the late J. Diann Sams, the first African-American woman who was also
disabled to serve on Common Council representing the City’s Second Ward for more
than a decade, and
WHEREAS, Alderwoman Sams was the first African- American woman to head Ithaca
when she served as the City’s Acting Mayor and the second African American to serve
on the Ithaca City School District Board of Education, and
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WHEREAS, Alderwoman Sams, a parent who alone raised two proud and progressive
sons who now serve our area themselves as law enforcement officers, served this
community over 16 years as a civil rights leader and longtime public servant who stood
up for justice, would not tolerate injustice, and rarely took “no” for an answer, and
WHEREAS, her advocacy for human and civil rights often came at personal cost,
including physical threats, but for her what happened to her didn’t matter – she only
wanted “right” to win, and
WHEREAS, Alderwoman Sams retired in 2002 from Common Council but kept engaged
civically through family friends, and the Greater Ithaca Activities Center (GIAC), and
WHEREAS, for her work in preserving and promoting human and civil rights,
Alderwoman Sams received numerous accolades including the first New York State
Harriet Tubman Humanitarian Achievement Award, Governor Mario Cuomo’s New York
State African Americans of Distinction Award, and the Tompkins County Human rights
Commission James L. Gibbs Award, and
WHEREAS, due to the untimely death of Alderwoman Sams in 2005 and in recognition
of her tireless efforts on behalf of African Americans and others who are
disenfranchised, now, therefore, be it
RESOLVED, That the City of Ithaca Common Council formally names its annual honor
of African American leaders during Black History Month the J. Diann Sams African
American History Month Award.
Jack Bradley Nelson thanked the Mayor and Common Council for naming this Award
after his mother. He further shared his thoughts and reflections of his mother’s life.
A vote on the Resolution resulted as follows:
Carried Unanimously
The J. Diann Sams Annual African American History Month Resolution Honoring
Mrs. Frances Eastman in honor of African-American History Month
By Alderperson Berry: Seconded by Alderperson Townsend
WHEREAS, since 2004, the City of Ithaca Common Council has recognized an
individual in our community of great esteem and stellar leadership during African-
American History Month and, in so doing, established a tradition of honoring
outstanding leadership, courage against unspeakable odds, and an unwavering vision
that is in keeping with African-American History Month's founder and visionary Dr.
Carter G. Woodson; and
WHEREAS, Common Council first bestowed this honor in 2004 on the late J. Diann
Sams, a civil rights leader, first African-American woman who was also disabled who
served on Common Council, and long-time public servant; and the 2005 honoree was
Dr. James Turner-a world-renowned scholar and founder of the Africana Studies and
Research Center at Cornell University; and in 2006 we honored Mr. Calemeze (Cal) D.
Walker, a well-respected scholar, associate director of Cornell University’s Learning
Strategies Center, visionary leader, and deacon at the historic Calvary Baptist Church;
and
WHEREAS, due to the untimely death of our first honoree, former Alderperson J. Diann
Sams in 2005, and her tireless efforts on behalf of African-Americans, we would like to
now name this resolution in her honor; and
WHEREAS, it is also vitally important to understand Dr. Carter Woodson's legacy and to
note that at age 17 he was an untutored coal miner, at age 19, after self-instruction in
mathematics and English, he finished secondary school in two years; and how at age
22, after nearly a year at Berea College in West Virginia, he returned to the mineshafts;
and
WHEREAS, Dr. Carter G. Woodson later obtained degrees from the University of
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Chicago and Harvard University, where he also received a doctorate in history-the
second African American ever to do so; and in this extraordinary career spanning three
crucial decades, the man and the history became one, so much so that it is impossible
to deal with the history of African-American people without touching upon, at some
point, the personal history of Dr. Woodson, who became the catalyst for founding the
celebration called either Black History or African-American History Month; and
WHEREAS, another such individual who has made an indelible stamp upon history and
is so revered that she is worthy of community support and recognition is Mrs. Frances
Eastman (who moved to Ithaca from New York City in 1947), a long-time Southside
advocate and former Board Member on the Southside Community Center and active in
neighborhood groups like the Southside’s Can-Do neighborhood association and other
key community organizations, a retiree, tireless volunteer, voracious reader and walker,
a mother, grandmother, great-grandmother, a long-time champion for social and
economic justice, and a passionate trailblazer for justice; who will turn ninety (90) years-
old this year, and
WHEREAS, Mrs. Eastman was the first woman of color supervisor of medical records at
Cayuga Medical Hospital and a long-time visionary and civil rights advocate who
changed the landscape for people of color and continues to fervently advocate for
women and children in our region; and
WHEREAS, Mrs. Eastman, active with city and county affirmative action issues, a
current civil service commissioner for the City of Ithaca, a master gardener, talented
ceramics maker, a Law Guardian office volunteer and key program leader, a volunteer
for Cornell University’s many partnership initiatives, and a former “Senior Citizen of the
Year,” is hereby worthy of praise and admiration, and
WHEREAS, the African proverb "it takes a village to raise a child" has been duly
exemplified by Mrs. Eastman’s unwavering support for the vulnerable, including but not
limited to families and children and tireless advocacy for their care, and her lifetime of
tender care of children, families, and neighbors; now, therefore, be it
RESOLVED, That the City of Ithaca Common Council urges all citizens to recognize the
invaluable contributions of this positive, affirming, and dedicated citizen Mrs. Frances
Eastman, who through her unwavering commitment to social justice and speaking out
against racism, discrimination, oppression, and injustice; and the strong partnerships
she has forged which educate our community and leaders throughout the nation about
the invaluable role of history, particularly African history, in so doing, she is worthy of
honor, not only each year in February, but throughout the entire calendar year.
Mrs. Eastman thanked the Mayor and Common Council members for bestowing this
honor on her.
Alderperson Berry read a letter from Maryanne Banks, Director of Services for
Tompkins County Department of Social Services, extending her congratulations to Mrs.
Eastman for receiving this award.
A vote on the Resolution resulted as follows:
Carried Unanimously
Presentation of Quarterly Employee Recognition Award
Mayor Peterson presented the Quarterly Employee Recognition Award to Kristen
LeTourneau and the Recreational Mainstreaming Services Team for their work on
behalf of people with disabilities, and specifically for planning and organizing the annual
Holiday Ball.
Kristen LeTourneau accepted the award and explained that the program is a
cooperative effort with the entire staff of the Youth Bureau with special recognition to the
following staff: Joanie Groome, Charlie Dorsey, Megan Wolfe, Steve Lawrence, and
Shana Bernardi.
February 7, 2007
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SPECIAL PRESENTATIONS BEFORE COUNCIL:
Barbara Blanchard, on behalf of Municipal Electric & Gas Alliance MEGA, addressed
Common Council to present the City of Ithaca with a check in the amount of $2,000.00
representing a 5% savings from the use of wind power. She noted that the City saved
approximately $155,585 in electricity costs between 2005-2006 by participating in the
Alliance.
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
Frances Weissman, City of Ithaca, addressed Council regarding an Exterior Property
Maintenance complaint.
Ken Friedman, Village of Cayuga Heights – TCDOG, addressed Council to voice
support to Common Council in pursuing the lawsuit filed regarding the dog park
designation and stated that they would like to dedicate resources towards it.
Guy Gerard, City of Ithaca, addressed Council in support of Common Council making
the Water Treatment Plant decision.
Joel Harlan, Town of Newfield, addressed Council in support of putting a statue of
Diann Sams in front of GIAC and re-naming GIAC as the “J. Diann Sams Greater Ithaca
Activities Center”. He further addressed Council regarding the Emergency Notification
System.
Fay Gougakis, City of Ithaca, addressed Council to state her support for the
impeachment of President George W. Bush and stated that there would be a march in
Washington on March 17, 2007 to support impeachment of the President.
PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR:
Mayor Peterson announced that Common Council’s 2007 Annual Disclosure forms are
available for review in the City Clerk’s office.
Alderperson Korherr thanked the speakers for their comments. She clarified comments
made regarding radios for emergency responders, and reviewed the City’s snow and ice
removal procedures.
Alderperson Townsend congratulated Mrs. Eastman on receiving the award and stated
that he admires her very much. He thanked Alderperson Clairborne for bringing forth
the idea of naming the award after Diann Sams, a good friend who is dearly
remembered.
Alderperson Tomlan thanked all the people that serve on the City’s boards and
committees who volunteer their time and expertise to the City.
Alderperson Clairborne thanked his colleagues on Council and the Mayor for their
support of the African American History Month Recognition Award.
Alderperson Berry thanked Dr. Turner & Cal Walker, previous award recipients, for
coming tonight. She stated that she would be working on a request for potential sister-
city designation for the 7th Ward of New Orleans.
Mayor Peterson noted that Pastor Davenport presented the City with a lovely certificate
for the citizen support for the restoration of the 7th Ward of New Orleans.
CONSENT AGENDA ITEMS:
City Administration Committee:
8.1 Request to Amend 2007 Engineering Division Roster - Resolution
By Alderperson Zumoff: Seconded by Alderperson Korherr
WHEREAS, current project load has resulted in a demand for project management
skills, and
WHEREAS, it is In the City’s interest to have a trained engineer managing public works
projects who is a permanent member of City staff; and
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WHEREAS, there is a need to provide for training and promotion as project demands
change, now, therefore be it
RESOLVED, That the Common Council hereby amends the 2007 DPW Engineering
Division Authorized Personnel Roster as follows:
Add: One (1) Assistant Civil Engineer
and, be it further
RESOLVED, That said Assistant Civil Engineer position shall be deleted upon the
determination that it is in the City’s need and interest to promote or hire an engineer at a
higher level of performance, and be it further
RESOLVED, That the position of Assistant City Engineer remains open and vacant
while the Assistant Civil Engineer’s position is filled, and be it further
RESOLVED, That the funds for said Personnel Roster amendment will be derived from
the existing 2007 DPW – Engineering Division budget, and be it further
RESOLVED, That said roster amendment is contingent upon approval of vacancy
review by Human Resources.
Carried 9-0
(Alderperson Cogan absent from vote)
8.2 Request to Amend 2007 Budget for Community Celebration Grants Request
to Amend - Resolution
By Alderperson Zumoff: Seconded by Alderperson Korherr
WHEREAS, Tompkins County recently notified the City of $4,000 in grant funds from
the County to the City for Community Celebration Funds, and
WHEREAS, the $4,000 in funds would need to be disbursed to the following
organizations/events/projects:
Harriet Tubman Spirit Award Celebration $ 800
National Night Out $1,100
Martin Luther King, Jr. A Day of Celebration $1,200
A Day On, Not Off Celebration
Women Making History Day $ 900
now, therefore, be it
RESOLVED, That Common Council hereby accepts the $4,000 in Community
Celebrations Grant funds from Tompkins County and amends the 2007 Budget to
account for said grants as follows:
Increase Revenue Accounts:
A1012-2379 County Contribution/Celebrations $4,000
Increase Appropriation Accounts:
A1012-5435 Community Service Contracts $4,000
Carried 9-0
(Alderperson Cogan absent from vote)
CITY ADMINISTRATION COMMITTEE:
9.1 Johnson Controls Energy Savings Project - Resolution
By Alderperson Coles: Seconded by Alderperson Cogan
WHEREAS, the City of Ithaca entered into an agreement with Johnson Controls to
develop a performance contract for the City’s consideration, based on capital
improvements which produce energy savings from lighting system modifications,
installation or upgrades to energy management systems, energy efficiency
February 7, 2007
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improvements to building envelope (windows or roofs) or HVAC Systems, and savings
through education and staff awareness programs, and
WHEREAS, Johnson Controls has submitted a proposed program of improvement and
draft performance contract for review consisting of approximately $2.37 million in
improvements or modifications under a contract that guarantees a specified level of
energy savings over the period of the contract (15 years), and
WHEREAS, the Board of Public Works approved the project in concept at their last
voting meeting with the following provisions:
that the wind turbine demonstration project as currently proposed be deleted for
a project savings of approximately $40,000, it being clear that the community will
have other opportunities to learn about wind turbine energy.
that the LEED Existing Building certification proposed for the Youth Bureau be
deleted with a project savings of approximately $48,000 with the understanding
that this has no impact on the projected energy savings or project guarantee.
that the City expects to exercise its right under the terms of the contract’s
performance guarantee to terminate the measurement and verification efforts as
soon as it feels the savings have been established (probably 2 to 5 years out)
with an estimated project cash flow reduction of between $170,000 to $200,000.
that the project’s educational component be made available to City residents
through the City’s website or similar mechanisms if possible with little or no
project cost anticipated.
now, therefore be it
RESOLVED, That Common Council hereby amends Capital Project #497 City Facility
Energy Improvements in the amount not to exceed $2,332,643 for a total project
authorization of $2,407,643, and be it further
RESOLVED, That the Mayor, City Attorney, City Controller, and Superintendent of
Public Works are hereby authorized to negotiate a final contract based on this
resolution, and that the Mayor is authorized to sign the contract, and be it further
RESOLVED, That funding for said project will be made either through a municipal lease
negotiated by the City Controller’s Office and/or the issuance of Serial Bonds with
payment made by guaranteed energy cost savings, and be it further
RESOLVED, That the City Controller shall make any necessary budget amendments
within existing authorized budgets, necessary to account for payment or energy related
to the finance of said project.
Alderperson Coles stressed that this project is both environmentally and financially
responsible.
A vote on the Resolution resulted as follows:
Carried Unanimously
9.2 A Local Law to Amend Section 107-1 of the City of Ithaca Municipal Code
Regarding the Salary of the Mayor of the City of Ithaca
By Alderperson Coles: Seconded by Alderperson Cogan
LOCAL LAW NO._____- 2007
BE IT ENACTED by the Common Council of the City of Ithaca as follows:
Section 1.
Section 107-1 of the City of Ithaca Municipal Code is hereby amended as follows:
February 7, 2007
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§107-1 Salary established.
The annual salary of the Mayor shall be the sum of [$50,000] $51,750.
Section 2. Effective and Operative Date.
This Local Law shall take effect upon its filing in the office of the Secretary of State and
shall be retroactive to January 1, 2007.
Ayes (9) Coles, Berry, Clairborne, Tomlan, Zumoff, Gelinas, Townsend,
Cogan, Korherr
Nays (1) Seger
Abstentions (0)
Carried
9.3 A Local Law to Amend Section 107-2 of the Ithaca Municipal Code Regarding
the Salary of the Common Council Members of the City of Ithaca
By Alderperson Coles: Seconded by Alderperson Cogan
LOCAL LAW NO.__- 2007
BE IT ENACTED by the Common Council of the City of Ithaca as follows:
Section 1.
Section 107-2 of the City of Ithaca Municipal Code is hereby amended as follows:
§107-2 Salary established.
The annual salary of the Council members shall be the sum of [$9,000] $9,315.
Section 2. Effective and Operative Date.
This Local Law shall take effect upon its filing in the office of the Secretary of State and
shall be retroactive to January 1, 2007.
Ayes (8) Coles, Berry, Clairborne, Zumoff, Gelinas, Townsend, Cogan,
Korherr
Nays (2) Seger, Tomlan
Abstentions (0)
Carried
9.4 Environmental Review of Water Source Options - Resolution
By Alderperson Coles: Seconded by Alderperson Seger
WHEREAS, Common Council is an involved agency with regard to the environmental
review of the water source options, and
WHEREAS, the Board of Public Works is also an involved agency, by virtue of its
anticipated role in awarding contracts for certain work to be performed with regard to
either option; now therefore be it
RESOLVED, That the Common Council concur with and consent to the declared
intention of the Board of Public Works to act as lead agency for this action, and be it
further
RESOLVED, That the Common Council concur with the Board of Public Works, with
regard to its intention to consider both options, in comparable detail, in the
environmental review, and be it further
RESOLVED, That the Common Council recommend that the environmental review
process include scoping and that the Common Council be fully involved in said scoping
stage.
Extensive discussion followed regarding the SEQR process and whether it was
necessary to completely study each option. Mayor Peterson stated that environmental
reviews inform decisions and that it is important to her to study both paths. She further
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stated that the City is preparing to present topical seminars to review information from
the report that was compiled by the Client Committee.
Amending Resolution:
By Alderperson Zumoff: Seconded by Alderperson Berry
RESOLVED, That the Second Resolved clause be removed from the Resolution.
Superintendent Gray explained that if the City does not meet the 2008 Federal
Guidelines regarding the distribution of safe drinking water, he would most likely enter
into a legal agreement with the Department of Environmental Conservation that would
specify the timelines that the City would have to follow. He further noted that the City is
already approximately 2 years behind schedule.
Call the Question on the Amending Resolution:
By Alderperson Townsend: Seconded by Alderperson Gelinas
RESOLVED, That the Question be called on the Amending Resolution.
Ayes (9) Coles, Seger, Berry, Clairborne, Tomlan, Zumoff, Townsend,
Gelinas, Cogan
Nays (1) Korherr
Carried
A vote on the Amending Resolution resulted as follows:
Ayes (2) Berry, Zumoff
Nays (8) Coles, Seger, Clairborne, Tomlan, Townsend, Gelinas, Korherr,
Cogan
Failed
Further discussion followed on the floor regarding the different levels of information that
Common Council members have regarding this issue.
Adjourn Into Executive Session for Advice of Counsel:
By Alderperson Townsend: Seconded by Alderperson Gelinas
RESOLVED, That Common Council adjourn into Executive Session to seek the Advice
of Counsel.
Ayes (5) Berry, Clairborne, Gelinas, Townsend, Cogan
Nays (5) Zumoff, Korherr, Seger, Coles, Tomlan
Mayor Peterson voted aye breaking the tie.
Carried (6-5)
Common Council reconvened into Regular Session at 9:25 p.m. with no formal action
taken.
Main Motion:
A vote on the Main Motion resulted as follows:
Ayes (9) Coles, Seger, Berry, Clairborne, Korherr, Tomlan, Gelinas,
Townsend, Cogan
Nays (1) Zumoff
Carried
9.5 Determination of Common Council Decision on Water Source Options -
Resolution
By Alderperson Coles: Seconded by Alderperson Zumoff
WHEREAS, the current water source for the City’s water distribution system relies upon
the Six Mile Creek watershed and the filtration plant located on Water Street, which
plant was constructed in 1903, and
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WHEREAS, due to the age of the filtration plant and a number of impending changes in
water quality rules, which would require significant upgrades to the plant in the near
future, it has been determined that either a major system upgrade or a switch to
another, existing water supply is advisable, and
WHEREAS, the Southern Cayuga Lake Intermunicipal Water Commission (SCLIWC)
operates a facility on East Shore Drive (built in 1976) which provides drinking water to
all or part of five municipalities, using Cayuga Lake as its water source, and
WHEREAS, the SCLIWC and the City of Ithaca have executed a Memorandum of
Understanding, dated January 4, 2007, which indicates the willingness of the SCLIWC
to expand its facility and to provide a sufficient water supply to the City, pending
environmental review of such a project, and which assigns responsibility, between the
parties, for conducting such environmental review, and
WHEREAS, preliminary analysis of options available to the City has narrowed the
choice to two viable options, consisting of: (1) upgrading the existing water-supply
system, including replacement of the filtration plant, dredging of the upper reservoir and
modifications to the intake system, settling lagoons and access routes to the raw water
reservoir and pipeline; or (2) decommissioning the existing system, and purchasing
finished water from the Southern Cayuga Lake Intermunicipal Water Commission, which
arrangement would require expansion of the SCLIWC facility on East Shore Drive and
construction of a new water transmission main (pipeline) between the SCLIWC facility
and the existing City distribution system, and
WHEREAS, the choice between these two options involves broad policy concerns with
far-reaching implications involving drinking water quality, financial, planning,
environmental, land use, energy use, intermunicipal cooperation and neighborhood
quality issues, as well as issues of governance related to pricing, treatment and supply
of potable water, and is likely to determine a course of action for the next 50 or 100
years or more, and
WHEREAS, the Board of Public Works, which was established in 1908 (after the City’s
decision to operate a municipal water system, using Six Mile Creek as its source), is,
pursuant to the City Charter, empowered to “take charge of” and “have control of” the
City’s water department, but “subject to the direction and review of Common Council,”
and
WHEREAS, the legislative power of the City is vested in the Common Council, which is
the elected body accountable to the citizens of the City, and
WHEREAS, in a comparable situation from the early 1980s, when the City was faced
with a decision regarding replacement of its sewage treatment system, the decision was
made by the Common Council, after consideration of studies and recommendations
regarding the options, from a joint working group comprised of members of Council,
members of the Board of Public Works, and representatives of other municipalities;
now, therefore be it
RESOLVED, That the Common Council hereby assert its intention to establish a
general direction with regard to the City’s water supply options, and, specifically, to
make the choice and decision on behalf of the City, with regard to the two afore-
mentioned options, and be it further
RESOLVED, That the Common Council make clear its intention to seek and welcome
the input and recommendations of the Board of Public Works, with regard to the water
supply decision.
Alderperson Cogan explained that the Mayor appointed a sub-committee to review the
various options for the City’s water source options. The committee consisted of Maria
Coles, Mary Tomlan, Dan Cogan, and Pamela Mackesey. He stated that although
committee members disagreed on the preferable options, they all agreed that Common
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Council should make the decision. He further stated that Common Council very much
wants the Board of Public Works to submit a strong recommendation.
Alderperson Korherr stated that she voted against this item in committee due to Board
of Public Works member statements regarding City Charter responsibility. She further
stated that members of the public have approached her regarding the policy
implications involved with the potential out-sourcing of this service, so she will support
this Resolution at this time.
Alderperson Seger stated that he also voted against this at committee, but upon further
research and review of information, he believes that Common Council should make the
decision.
Alderperson Gelinas stated that he supports this resolution because he believes that
Common Council has the final decision regarding financial implications. He stated that
he wants the Board of Public Works to share their recommendation because of their
expertise.
Alderperson Townsend stated that he is opposed to Common Council making the
decision because the City Charter states that the Board of Public Works is responsible
for water and sewer operations and he does not want to micro-manage the Board of
Public Works’ responsibility. He further stated that Common Council has the final
decision in approval of funding.
Alderperson Clairborne stated that this issue has been very stressful. He further stated
that Charter regulations state that the Board of Public Works does the work and brings
items to Common Council for approval. He further stated that he doesn’t feel as if he
has enough information to make this decision.
Alderperson Berry stated that it is a tough decision, and that she is sad that it has
become a divisive issue. She stated that she wouldn’t support the Resolution, as she
wants to stay consistent with her concerns regarding process.
Alderperson Townsend asked if the City could be opening up itself to a legal challenge
for not following Charter process.
City Attorney Hoffman referred to his legal opinion on this issue that was distributed
earlier, and stated that it is clear to him that Common Council has the authority to
establish direction on this issue.
Superintendent Gray stated that the Board of Public Works would participate in the
process, whatever decision is made.
Alderperson Tomlan stated that when review first occurred, there were 4 choices. She
further stated that if the choices were still replacement of the plant at the existing site or
at the sixty foot dam, it would be a different story for Board of Public Works making the
decision. However, the Bolton Point option has a lot of policy implications and she feels
that Common Council should be the decision maker.
Alderperson Coles stated that this is a $20 million dollar project that could last for 100
years. She further stated that this is a very different type of decision than the Board of
Public Works has made in the past, and that Common Council should make the
decision.
Call the Question
By Alderperson Berry: Seconded by Alderperson Korherr
Motion withdrawn
Alderperson Townsend stated that it is not Common Council’s job to over see the water
system and that Common Council in the 1980’s was wrong to make decisions regarding
the Wastewater Treatment Plant, and that this Council should not follow suit. He further
stated that the Board of Public Works makes decisions on many high dollar projects and
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big policy decisions, such as the re-naming of State Street to Rev. Martin Luther King,
Jr. Boulevard.
Call the Question
By Alderperson Berry: Seconded by Alderperson Korherr
RESOLVED, That the Question be Called on the Determination of Common Council
Decision on Water Source Options.
Ayes (9) Coles, Seger, Berry, Clairborne, Zumoff, Townsend, Gelinas,
Korherr, Cogan
Nays (1) Tomlan
Carried
Main Motion
A vote on the Main Motion resulted as follows:
Ayes (7) Coles, Seger, Tomlan, Zumoff, Gelinas, Korherr, Cogan
Nays (3) Berry, Clairborne, Townsend
Carried
PLANNING, ECONOMIC DEVELOPMENT & ENVIRONMENTAL QUALITY
COMMITTEE:
12.1 Acceptance of The Commons’ Entrances Design Report – Resolution
By Alderperson Tomlan: Seconded by Alderperson Korherr
WHEREAS, The Commons’ Entrances Design Committee was formed in 2003, chaired
by then-Alderperson Susan Blumenthal, and
WHEREAS, this advisory body gathered community input on existing and potential new
clock towers and Commons’ entrance features at a public meeting and from responses
to a community survey, and
WHEREAS, this committee also sponsored a small charrette to explore conceptual
designs for Commons’ entrances, either with new components or by retrofitting the
existing clock towers, and
WHEREAS, the results of these investigations have been compiled into The Commons’
Entrances Design Report, dated August 2004; now, therefore, be it
RESOLVED, That the Common Council of the City of Ithaca accepts The Commons’
Entrances Design Report and thanks the members of The Commons’ Entrances Design
Committee for their efforts in studying and gaining community input concerning these
very visible locations in the heart of the city.
Alderperson Tomlan explained the history of the initiative and stated that there is no
current proposal to change the entrances to the Commons.
A vote on the Resolution resulted as follows:
Carried Unanimously
12.2 A. Disposition of 530 W. Buffalo Street - Resolutions
Determination of Environmental Significance - Resolution
By Alderperson Tomlan: Seconded by Alderperson Clairborne
WHEREAS, the Southside Community Center, Inc. (“SSCC”) seeks to lease the City-
owned former pump station building and property located at 530 W. Buffalo Street,
Ithaca, NY (Tax Map Parcel #59.-3-22) for occupancy by their Recycle Ithaca’s Bicycles
(“RIBs”) program, and
WHEREAS, the City of Ithaca Common Council is considering a proposed action to
declare the property surplus (subject to permanent municipal utility easements or rights
thereon) and to convey a leasehold interest in said property to the Ithaca Urban
Renewal Agency (“IURA”) so that the IURA may develop a proposed urban renewal
project involving the sublease of the property to SSCC for use by RIBs, and
February 7, 2007
12
WHEREAS, on June 7, 2006, the City of Ithaca Common Council declared itself Lead
Agency for the environmental review of this proposed action, and
WHEREAS, such proposed action to convey a leasehold interest in property of less
than 2.5 acres is an Unlisted Action under the City of Ithaca Environmental Quality
Review Ordinance and an Unlisted Action under the State Environmental Quality
Review Act, both of which require environmental review, and
WHEREAS, the Short Environmental Assessment Form and supporting information
have been provided to the City of Ithaca Conservation Advisory Council for review of the
proposed action and no comments have been received to date, and
WHEREAS, the City of Ithaca Common Council, acting as Lead Agency for the
environmental review, has reviewed and accepted as adequate a Short Environmental
Assessment Form, Part 1, submitted by the applicant, and Part 2, prepared by Planning
and Development Department staff, and other application materials; now, therefore, be
it
RESOLVED, That the City of Ithaca Common Council hereby determines that the
proposed lease disposition of 530 W. Buffalo Street for use by the RIBs program will
result in no significant impact on the environment and that a Negative Declaration for
purposes of Article 8 of the Environmental Conservation Law be filed in accordance with
the provisions of Part 617 of the State Environmental Quality Review Act.
Carried Unanimously
12.2 B Approval to Transfer Leasehold Interest to the Ithaca Urban Renewal
Agency (IURA) - Resolution
By Alderperson Tomlan: Seconded by Alderperson Cogan
WHEREAS, the Southside Community Center, Inc. (“SSCC”) seeks to lease the City-
owned former pump station building and property located at 530 W. Buffalo Street,
Ithaca, NY (Tax Map Parcel #59.-3-22) for occupancy by their Recycle Ithaca’s Bicycles
(“RIBs”) program, and
WHEREAS, the City of Ithaca Common Council is considering a proposal to convey a
leasehold interest in the 530 W. Buffalo Street property to the Ithaca Urban Renewal
Agency (“IURA”), so that the IURA may develop a proposed urban renewal project
involving the sublease of the property to SSCC for use by the RIBs program, and
WHEREAS, on April 19, 2006, the City of Ithaca Board of Public Works authorized a
short-term lease with SSCC of the 530 W. Buffalo Street parcel (which lease
commenced on June 8, 2006, and was subsequently extended by the board through
May 31, 2007), and requested City staff to develop a long-term resolution to the issue of
the need for a location for the RIBs program, and
WHEREAS, municipalities are generally not authorized to negotiate lease terms for real
property with a pre-identified lessee, but urban renewal agencies are authorized to
implement certain property dispositions with a qualified and eligible sponsor entitled to
undertake an urban renewal activity, if such dispositions are conducted in accordance
with procedures identified at Section 507 of General Municipal Law (“GML”), and
WHEREAS, Section 507 of GML authorizes the lease of real property by an urban
renewal agency to a qualified and eligible sponsor at negotiated lease terms, provided
that the disposition complies with the following requirements:
the real property is located within an urban renewal project area and the property
disposition will further the goals and objectives of the Urban Renewal Plan;
notice is published in a newspaper of general circulation disclosing the identity of
the proposed buyer or lessee, the proposed use of the property, and essential
terms and conditions of the proposed sale or lease;
February 7, 2007
13
a public hearing is conducted on the proposed property disposition not less than
10 days after publication of said notice; and
the proposed sale or lease is approved by the governing body of the municipality,
and
WHEREAS, the 530 W. Buffalo Street project site is located within the Urban Renewal
Project boundary, and
WHEREAS, municipal sewer utilities at the 530 W. Buffalo Street building have been
discontinued and are now buried below grade, and
WHEREAS, provided that rights are retained for access, maintenance and repair of the
subterranean utility facilities on the property, the Board of Public Works has determined
that the 530 W. Buffalo Street property is no longer needed for municipal utility
functions, and
WHEREAS, the property at 530 W. Buffalo Street has been vacant and boarded-up for
several years, and occupancy and improvements to the building and property could
enhance the appearance, vitality and stability of the Lower Northside and West End
neighborhoods, and
WHEREAS, the City of Ithaca Common Council, acting as lead agency for
environmental review of the proposed conveyance of a leasehold interest to the IURA,
has completed said review and determined that said action will result in no significant
impact to the environment; now, therefore, be it
RESOLVED, That the City of Ithaca Common Council hereby declares the property
located at 530 W. Buffalo Street to be surplus for municipal purposes, subject to the
retention, by the City, of the right to access and maintain existing municipal utilities on
the pertinent portions of the site, and be it further
RESOLVED, That the City of Ithaca Common Council hereby authorizes the transfer of
a leasehold interest to the IURA in the property at 530 W. Buffalo Street (Tax Map
Parcel #59.-3-22) subject to retention, by the City, of the afore-mentioned rights to
access and maintain existing municipal utilities on the pertinent portions of the site, and
subject to the terms of any future City-approved sublease of the premises by the IURA,
and be it further
RESOLVED, That this lease disposition to the IURA shall be expressed in a written
lease for a term that coincides with any future City-approved IURA sublease, which
lease shall also provide that the IURA shall pay rent to the City in the same amount as
the rent actually received by the IURA pursuant to any City-approved IURA sublease(s)
of the leased premises, minus a) an asset management fee paid by the IURA’s
lessee(s) as rent, and b) any reasonable out-of-pocket third party expenses incurred by
the IURA in fulfilling the IURA’s management and legal obligations, pursuant to the City
lease to the IURA and any City-approved sublease(s) by the IURA, and be it further
RESOLVED, That the IURA shall be further reimbursed from rent payments for any
expenses directly related to implementing the transfer of a leasehold interest to the
IURA and any City-approved IURA sublease, and be it further
RESOLVED, That the Mayor is hereby authorized to execute any and all agreements
and documents necessary to implement this resolution, following review of the same by
the City Attorney.
Alderperson Tomlan explained that the sub-lease agreement for this project would
come back to Common Council for approval.
A vote on the Resolution resulted as follows:
Carried Unanimously
February 7, 2007
14
NEW BUSINESS:
14.1 Election of an Acting Mayor – Resolution
Opening of Nominations
Alderperson Tomlan nominated Alderperson Cogan for the position of Acting Mayor.
Nominations were closed.
Resolution
RESOLVED, That Alderperson Daniel Cogan be elected to the position of Acting Mayor
with a term to expire December 31, 2007.
Carried Unanimously
14.2 Election of an Alternate Acting Mayor - Resolution
Opening of Nominations
Alderperson Korherr nominated Alderperson Coles for the position of Alternate Acting
Mayor; Alderperson Berry seconded the nomination.
Nominations were closed.
Alderperson Berry stated that Alderperson Coles did a wonderful job in this role last
year.
Discussion followed on the floor regarding the process to select the positions of Acting
Mayor and Alternate Acting Mayor. Mayor Peterson stated that Common Council could
develop a more formal process under the Rules of Common Council.
Resolution
RESOLVED, That Alderperson Coles be elected to the position of Alternate Acting
Mayor with a term to expire December 31, 2007.
Carried Unanimously
14.3 Appointment of Marriage Officers – Resolution
By Alderperson Cogan: Seconded by Alderperson Korherr
RESOLVED, That the following Alderpersons be designated as Marriage Officers for
the year 2007:
Alderperson Seger Alderperson Berry
Alderperson Clairborne Alderperson Townsend
Alderperson Gelinas Alderperson Cogan
Alderperson Korherr
Carried Unanimously
Appointment of Marriage Officer – Resolution
By Alderperson Berry: Seconded by Alderperson Clairborne
RESOLVED, That former Mayor Alan J. Cohen be appointed as a Marriage Officer for
the City of Ithaca for the month of April, 2007.
Ayes (9) Coles, Seger, Berry, Clairborne, Tomlan, Zumoff, Gelinas,
Townsend
Nays (1) Korherr
Carried
14.4 Selection of Alternate Date for July 2007 Common Council Meeting –
Resolution
By Alderperson Korherr: Seconded by Alderperson Coles
RESOLVED, That the July, 2007 Common Council meeting will be conducted on
Thursday, July 5, 2007 due to the Independence Day holiday.
Carried Unanimously
February 7, 2007
15
14.5 Common Council’s Appointment to the Local Advisory Board of
Assessment Review – Resolution
By Alderperson : Seconded by Alderperson
RESOLVED, That _________________ and ________________be appointed to the
City Advisory Board of Assessment Review, with __________________ and
________________being designated as alternates.
Alderperson Korherr stated that she would like to check with a constituent before
nominating them.
Common Council agreed to make the appointments to the City Advisory Board at the
March 7, 2007 Common Council meeting.
INDIVIDUAL MEMBER – FILED RESOLUTIONS:
15.1 City of Ithaca Statement Regarding New York State Aid to Municipalities -
Resolution
By Alderperson Korherr: Seconded by Alderperson Clairborne
WHEREAS, it is essential that the New York State Legislature and Governor recognize
that the fiscal health of local governments is key to the revitalization of the state, and
WHEREAS, the New York State Conference of Mayors has prepared “Connecting the
Dots: A Blueprint for Revitalizing Our Communities and Our State”, and
WHEREAS, the report recognizes the potential for the State’s capacity to markedly
improve its economic position yet notes: “the condition of its local governments is
heading in the opposite direction”, and
WHEREAS, the City of Ithaca Common Council and Mayor concur that the key
recommendations deserve a serious review, and
WHEREAS, the report emphasizes that a comprehensive economic development policy
is essential for community revitalization, and
WHEREAS, the recommendation that revenue sharing from the state be predictable,
with regular increases, and that it attempt to catch up to previous levels from over 15
years ago, and
WHEREAS, the City of Ithaca is pleased that the preliminary state budget includes a
9.5% increase in state aid, and
WHEREAS, although each community shares similarities in the struggle for
improvement, Ithaca, New York, has some unique characteristics in that nearly 70% of
the property value in the city is tax exempt due primarily to higher education facilities,
and
WHEREAS, the NYCOM report recognizes the value of educational institutions in
community revitalization; now, therefore, be it
RESOLVED, That the City of Ithaca stands ready to work with the State to improve its
economic vitality and that the City of Ithaca requests that consideration be given to
municipalities that carry an especially high burden of tax exempt property and that
revenue sharing formulas be adjusted to reflect aid for such communities, and, be it
further
RESOLVED, That copies of this Resolution be sent to Governor Spitzer, State Senator
Winner, and Assemblywoman Lifton.
Mayor Peterson explained the reasons behind this Resolution, specifically the large
amount of tax-exempt property located in the City of Ithaca.
Alderperson Townsend stated that he is very happy with this document and thanked
Mayor Peterson for bringing it forward.
February 7, 2007
16
A vote on the Resolution resulted as follows:
Carried 9-0
Alderperson Coles absent from vote
15.2 City of Ithaca Statement on Immigration Enforcement - Resolution
By Alderperson : Seconded by Alderperson
WHEREAS, reliable published reports indicate a dramatic increase in enforcement of
immigration laws in New York and elsewhere, and
WHEREAS, those reports further indicate that such enforcement measures have
created a climate of fear among New York’s non-citizen population, and
WHEREAS, as a result of such enforcement measures, such families have been broken
up, with parents forcibly separated from children, and in some cases, families forced to
flee their homes and seek shelter wherever possible, and
WHEREAS, deportations and incarcerations of such individuals have occurred with
ruthless haste and without regard to basic human rights and due process protections,
and
WHEREAS, New York State has always been a safe haven for those who are
oppressed and beleaguered and has historically been the gateway for people from all
parts of the globe who seek a better life for themselves and their families, and
WHEREAS, the State of New York and the City of Ithaca should not tolerate the tactics
employed by the U.S. Customs and Immigration Enforcement agency as described in
the said published reports; now, therefore, be it
RESOLVED, That the City of Ithaca stands opposed to the overbearing, frightening and
cruel activities of the U.S. Customs and Immigration Enforcement agency in allegedly
enforcing immigration laws against non-citizens in the State of New York, and, be it
further
RESOLVED, That the City of Ithaca calls upon the Hon. Charles Schumer and the Hon.
Hillary Clinton, as well as the entire New York Congressional delegation, to take such
measures as may be necessary to insure the humane and respectful treatment of such
individuals and families within the State of New York, and, be it further
RESOLVED, That the City of Ithaca calls upon Hon. Eliot Spitzer, Governor of the State
of New York, to explore means and methods by which the State may assist non-citizens
within New York deal with the effects of increased enforcement of immigration laws,
including a definition of the appropriate role of the state police in such instances, and,
be it further
RESOLVED, That the Ithaca Police Department is requested to recognize that the
enforcement of federal immigration laws is a function of federal law enforcement
agencies and, be it further
RESOLVED, That the Ithaca Police Department is requested to refrain from
participating in the enforcement of immigration laws except when specifically requested
by federal officials in relation to particularized suspicion of criminal activity other than
the mere presence of an individual in the City of Ithaca.
Mayor Peterson stated that she would recommend that this Resolution be referred back
to committee for discussion because of its impact on a City department.
Motion to Refer Back to Committee
By Alderperson Korherr: Seconded by Alderperson Gelinas
RESOLVED, That the Resolution entitled “City of Ithaca Statement of Immigration
Enforcement” be referred to the City Administration Committee for further review and
discussion.
Carried Unanimously
February 7, 2007
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MAYOR’S APPOINTMENTS:
Bicycle Pedestrian Advisory Council:
By Alderperson Tomlan: Seconded by Alderperson Seger
RESOLVED, That Paul A. Adkins be appointed to the Bicycle Pedestrian Advisory
Council to fill a vacancy with a term to expire December 31, 2007, and be it further
Conservation Advisory Council:
RESOLVED, That Thomas J. Shelley be appointed to the Conservation Advisory
Council to fill a vacancy with a term to expire December 31, 2008, and be it further
Rental Housing Advisory Council:
RESOLVED, That Larry Beck be appointed to the Rental Housing Advisory Council to
fill a vacancy with a term to expire December 31, 2009, and be it further
Youth Bureau Board:
RESOLVED, That Gabriele Weber be appointed to the Youth Bureau Board to fill a
vacancy with a term to expire December 31, 2009.
Carried Unanimously
Standing Committee Appointments:
Mayor Peterson explained the changes that have been made to the Standing
Committee structure and presented the following new Standing Committees for 2007:
City Administration
Maria Coles; Chair
Gayraud Townsend; Vice Chair
Joel Zumoff
David Gelinas
Mary Tomlan
Departments reporting to this committee:
Finance
Chamberlain
Human Resources
Attorney
Issues the committee will address:
Intergovernmental relations
Budget
Charter/code corrections
Workforce
Meets the last Wednesday of the month at 7 p.m. in Common Council Chambers
Planning and Economic Development
Mary Tomlan; Chair
Dan Cogan; Vice Chair
Shane Seger
J.R. Clairborne
Maria Coles
Departments reporting to this committee:
Planning department
Building
Issues the committee will address:
Planning department work plan items
Housing
IURA
Economic development
Building Department process improvement
Meets the 3rd Wednesday of the month at 7:30 p.m. in Common Council Chambers
February 7, 2007
18
Environment & Neighborhood Quality
Robin Korherr; Chair
Michelle Berry; Vice Chair
Gayraud Townsend
Dan Cogan
Joel Zumoff
Departments reporting to this committee:
DPW
Youth Bureau
GIAC
Issues the committee will address:
Parks, trails
Recreation
Pedestrian and road infrastructure
Neighborhood council issues
Racism
Emerson, coal tar, lead contamination
Local Action Plan and energy issues
Meets the 4th Monday of the month at 7 p.m. in Common Council Chambers
Communications & Emergency Services
J.R. Clairborne; Chair
Shane Seger; Vice Chair
Robin Korherr
Michelle Berry
David Gelinas
Departments reporting to this committee:
Police
Fire
Clerk
IT
Issues the committee will address:
County dispatch
Public information
ICS/FEMA training
Training issues
Meets the 2nd Wednesday of the month at 7 p.m. in Common Council Chambers
Special Committees:
Charter Review
Maria Coles
Joel Zumoff
J.R. Clairborne
Michelle Berry
Robin Korherr
Zoning/Comprehensive Plan
Shane Seger
Mary Tomlan
Mayor Peterson also reported that a few changes had been made to Common Council
liaison positions for various boards and committees.
Appointment to Ithaca Downtown Partnership Board of Directors – Resolution
Alderperson Zumoff has been serving on the Board and Common Council needs to
approve his re-appointment. Alderperson Clairborne stated that he would also be
February 7, 2007
19
interested in serving on the Board as well. The City Clerk’s Office will check on the
length of terms for each appointment, and the appointment to the Ithaca Downtown
Partnership Board of Directors will be made at the March Common Council meeting.
Motion to Extend Meeting
By Alderperson Korherr: Seconded by Alderperson Coles
RESOLVED, That Common Council extend the meeting to 11:15 p.m.
Carried Unanimously
Alderperson Berry left the meeting at 11:00 p.m.
REPORTS OF COMMON COUNCIL LIAISONS:
Alderperson Clairborne reported that the Ithaca Urban Renewal Agency (IURA) has
begun hearings on Community Development Block Grant applications. Each
application needs to be scrutinized carefully as there were more applications submitted
than there is funding for. The IURA will hold its next hearing for this program on Friday,
February 16, 2007 at 9:00 a.m. in Common Council Chambers.
REPORT OF CITY CONTROLLER:
City Controller Thayer reported to Common Council on the following items:
- Year-end activity is ongoing
- 2006 Sales Tax revenues exceed budget by $80,000; he will continue to
monitor 2007 activity.
- The Governor’s proposed budget would increase State Aid to cities by 9.5%,
however comparable cities are due to receive significantly higher amounts. He
will be preparing an analysis for the Mayor to take to the NYCOM conference.
- The increased Aid brings new requirements to account for money; minimize the
tax burden on property owners; support economic development, and
performance plans, etc.
- There are proposed changes to the Wickes Law that will benefit the City.
MINUTES FROM PREVIOUS MEETINGS:
Approval of the January 3, 2007 Regular Common Council Meeting Minutes –
Resolution
By Alderperson Korherr: Seconded by Alderperson Coles
RESOLVED, That the January 3, 2007 Regular Common Council Meeting Minutes be
approved as published, and be it further
RESOLVED, That the January 10, 2007 Continuation of the Regular Common Council
Meeting Minutes be approved as published.
Carried Unanimously (9-0)
Approval of the October 4, 2006 Regular Common Council Meeting Minutes as
Corrected Regarding the Preferred Developer for Inlet Island – Resolution
By Alderperson Tomlan: Seconded by Alderperson Cogan
RESOLVED, That the October 4, 2006 Regular Common Council Meeting Minutes as
Corrected Regarding the Preferred Developer for Inlet Island be approved with noted
corrections.
Carried Unanimously (9-0)
ADJOURNMENT:
On a motion the meeting adjourned at 11:15 p.m.
______________________________ _______________________________
Julie Conley Holcomb, CMC Carolyn K. Peterson,
City Clerk Mayor