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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 February 7, 2007 2 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 February 7, 2007 3 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 4 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 February 7, 2007 5 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 6 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 7 §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 February 7, 2007 8 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 February 7, 2007 9 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 February 7, 2007 10 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 February 7, 2007 11 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 17 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