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HomeMy WebLinkAboutMN-CC-2007-03-07COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 7:00 p.m. March 7, 2007 PRESENT: Mayor Peterson Alderpersons (9) Coles, Seger, Berry, Clairborne, Tomlan, Zumoff, Gelinas, Townsend, Cogan OTHERS PRESENT: City Clerk – Conley Holcomb City Attorney – Hoffman City Controller – Thayer Superintendent of Public Works – Gray Fire Chief – Wilbur Deputy Director of Economic Development – DeSarno Police Chief – Signer Information Technology Director – Twardokus Youth Bureau Director – Green Deputy Director of Planning & Development – Cornish EXCUSED: Alderperson Korherr PLEDGE OF ALLEGIANCE: Mayor Peterson led all present in the Pledge of Allegiance to the American Flag. ADDITIONS TO OR DELETIONS FROM THE AGENDA: City Administration Committee: Alderperson Coles requested that Item 15.1 - Common Council - City of Ithaca Statement on Immigration Enforcement –Resolution be removed from the agenda and returned to the City Administration Committee for further review and discussion. Alderperson Coles further requested that Item 10.4 Review of Budget Process – Report be moved to Item 13.1 under Report of Special Committees. No Council member objected. Mayor Peterson requested the addition of an Executive Session to discuss a Personnel matter. No Council member objected. PROCLAMATIONS/AWARDS: Mayor Peterson proclaimed the month of March, 2007 as Women’s History Month, and noted that the National theme this year is “Generations of Women Moving History Forward.” SPECIAL ORDER OF BUSINESS: Celebration of Women’s History Month: Former Mayors William Shaw and John Gutenberger presented Mayor Peterson with a plaque in recognition of being the first woman elected as Mayor of the City of Ithaca, and having her portrait placed on the wall of Common Council Chambers with all the previous Mayors. City Clerk Julie Conley Holcomb read letters of recognition to Mayor Peterson from former Mayors: Alan J. Cohen, Benjamin Nichols, Raymond Bordoni, and Edward J. Conley who were not able to attend the celebration. City Clerk Holcomb presented Mayor Peterson with a gift from the Conley family and Fire Chief Brian Wilbur presented her with a bouquet of flowers on behalf of Common Council and the City’s senior staff. March 7, 2007 2 SPECIAL PRESENTATIONS BEFORE COUNCIL: Report from Tompkins County Legislature Tompkins County Legislator, 5th District, Kathy Luz Herrara congratulated Mayor Peterson on her recognition for Women’s History month. She then reported on the following:  County Legislature support for New York State reforms to unemployment insurance  Budget forums – one forum has been held and others are planned throughout March, 2007.  The County’s home health care agency has received the highest rating award  Commendation to County and City workers for their efforts during the recent snow storm  Community Development Block Grant program and home ownership  Health Department Building Committee is reviewing short list of proposed sites including one in the City Report of Natural Areas Commission Natural Areas Commission Chair, Zev Ross presented an overview of the Commission’s membership and responsibilities. He further discussed concerns about the water plant project, and voiced support for the development of guidelines to be used when work is conducted in natural areas. He stated that the Commission would like to be involved with the Gateway Project (creek walk area), the Ithaca Falls lead contamination clean- up project, and the Southwest Urban Neighborhood Development. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: Doria Higgins, Town of Ithaca, and Carl Feuer, City of Ithaca, addressed Council in support of the proposed resolution regarding unemployment insurance reform. Jordan Wells, City of Ithaca, addressed Council in support of the proposed resolution concerning unemployment insurance reform, but stated that farm and agricultural workers should also be included. The following people addressed Council in support of the proposed statement on immigration enforcement: Pete Meyers, City of Ithaca Akua Gyamerah, City of Ithaca Jordan Wells, City of Ithaca Nathan Mullenax, City of Ithaca Leonardo Vargas-Mendez, City of Ithaca William Meyer, City of Ithaca, addressed Council regarding the 9/11 terrorist attack and the U.S. Government assault on its own people. Steve Caulkins, City of Ithaca, addressed Council in support of Mr. Meyer’s statements. Neil Oolie, City of Ithaca, addressed Council regarding the constitution of the United States, troops in Iraq, Walter Reed Hospital concerns, and corporate interests taking over the country. Guy Gerard, City of Ithaca, addressed Council regarding Common Council’s Rules of Procedures and stated that the three-minute limit restricts the power of Common Council. Clare Grady, City of Ithaca addressed Council to announce that the local marches & Rally for Peace commemorating the 4th anniversary of the U.S. invasion of Iraq would be held on March 17, 2007 on the Ithaca Commons. Joel Harlan, Town of Newfield, addressed Council regarding worker’s rights and the war in Iraq. March 7, 2007 3 PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR: Alderperson Coles thanked the speakers for voicing their opinions about immigration enforcement, and stated that many details need to be discussed in more depth with the police department such as their role and responsibilities in cases that involve labor abuses against immigrants. She also thanked the people who spoke in support of unemployment insurance reform. Alderperson Coles further noted the significance of Mayor Peterson being the first woman Mayor in Ithaca’s history and the positive impact that has on young women in the community. Alderperson Clairborne stated that he was pleased that Mayor Peterson could be honored during Women’s History month, and noted what a historical landmark this is. He thanked the speakers for their comments, and stated that the central theme appeared to be accountability to the public. Alderperson Townsend voiced his support for Alderperson Coles’ comments on the immigration enforcement issue. He congratulated Mayor Peterson on the honor of being the first woman Mayor. Alderperson Berry thanked the people involved with the Women’s History month celebration. She thanked all of the speakers sharing their thoughts, and responded to Mr. Meyers regarding previous communications concerning the 9/11 terrorist attacks. CONSENT AGENDA ITEMS: City Administration Committee: Youth Bureau - Amendment to Budget and Roster - Resolution By Alderperson Cogan: Seconded by Alderperson Seger WHEREAS, the Ithaca Youth Bureau has received $30,212 in new funding from the Tauck Foundation and an anonymous donor for the College Discovery Program, and WHEREAS, the College Discovery Program is a new initiative developed in 2004 in order to further the Youth Bureau’s goal of helping all students in the Ithaca City School District who excel in school, and WHEREAS, this proposal is budget neutral; now, therefore, be it RESOLVED, That the Common Council hereby amends the 2007 Youth Bureau budget and roster as follows: • Amend the roster to increase the hours of the College Discovery Program Coordinator from 17.5 hours per week to 35 hours per week effective March 12, 2007 and • Amend the 2007 Youth Bureau budget to account for said funding as follows: Increase Revenue Account: Account # A2070-1240 Contributions to Youth - $30,212 College Discovery Increase Appropriation Accounts: Account # A7310-5120-01206 Hourly P/T - $ 3,280 One-to-One BBBS Account # A7310-5110-01240 Staff Salaries - $17,975 College Discovery Account # A7310-5120-01240 Hourly P/T - $ 5,247 College Discovery Account # A7310-9030 FICA/Medicare $ 2,027 Account # A7310-9040 Workers’ Comp $ 1,683 $30,212 Carried Unanimously March 7, 2007 4 Chamberlain’s Office - Change to Tax Roll - Resolution By Alderperson Cogan: Seconded by Alderperson Seger WHEREAS, the Senior Exemption for 41 Reuben Street was incorrectly entered on the 2006 Assessment Roll and subsequent tax roll, and WHEREAS, the County Director of Assessment recommends that the application for correction to the 2007 Tax Rolls be approved; now, therefore be it RESOLVED, That the City Chamberlain is directed to correct the 2007 City Tax Rolls, and be it further RESOLVED, That the City Chamberlain is directed to issue corrected tax bills. Carried Unanimously CITY ADMINISTRATION COMMITTEE: City Resolution on the Need for Unemployment Insurance Reform - Resolution By Alderperson Coles: Seconded by Alderperson Gelinas WHEREAS, a strong unemployment insurance program maintains the standard of living of working families above the poverty level, boosts communities and empowers the redeployment of New York’s workforce into good jobs, and WHEREAS, New York’s maximum weekly unemployment benefit has been frozen at $405 since 1998, leaving New York as 48th out of 50 states in protecting its workers against the financial impact of job loss, and WHEREAS, only 41% of the jobless receive benefits at all, leaving hundreds of thousands left out each year, and WHEREAS, many hundreds of hourly-paid employees of educational institutions in Tompkins County are unfairly denied any unemployment benefits during long periods of layoff between school terms, and WHEREAS, most other hourly-paid workers are eligible for unemployment benefits when temporarily laid off, including workers doing exactly the same jobs as hourly-paid employees of educational institutions; now, therefore, be it RESOLVED, That the City of Ithaca calls upon our State Legislators, the Governor and the Labor Commissioner to enact measures to bring significant reform to our unemployment insurance system, and be it further RESOLVED, That this reform should include a meaningful increase in the maximum benefit as well as an increase in the proportional benefit rate for lower wage workers, and be it further RESOLVED, That this reform should include elimination of the unfair denial of access to unemployment benefits for hourly paid employees of educational institutions, and be it further RESOLVED, That this reform should include expanded opportunities for jobless workers to complete job-training programs to upgrade their skills, and be it further RESOLVED, That this reform provide improved access at all levels of the system to workers with limited English-speaking skills. Amending Resolution: By Alderperson Coles: Seconded by Alderperson Cogan RESOLVED, That the following language be added to the Resolution as the last Whereas Clause: March 7, 2007 5 “WHEREAS, New York State Assembly Bill 364 of the year 2006, co-sponsored by Assembly member Barbara Lifton will be reintroduced in 2007 and states as its justification, “Service employees in schools, including cafeteria workers, bus drivers and others are generally low wage workers. If they receive no salary during the vacation months they often experience financial hardship waiting for the school year to begin again.” now, therefore, be it” Alderperson Coles stated that this would help close the gap between the very rich and the very poor. A Vote on the Amending Resolution resulted as follows: Ayes (8) Coles, Seger, Berry, Clairborne, Zumoff, Townsend, Gelinas, Cogan Nays (1) Tomlan Abstentions (0) Carried Alderperson Gelinas voiced his appreciation of all the work that went into this well crafted Resolution. He stated that he would like to revisit this issue to consider the inclusion of the farm and agricultural worker component at a future meeting. Alderperson Tomlan inquired how salary levels fit in with benefits. She stated that she conducted research on this topic but still has unanswered questions, so she is not comfortable voting for the resolution at this time. Alderperson Seger stated that he is happy to support this issue, as reform is needed to close the gaps that exist between socio-economic groups. A vote on the Main Motion as Amended resulted as follows: Ayes (8) Coles, Seger, Berry, Clairborne, Zumoff, Townsend, Gelinas, Cogan Nays (1) Tomlan Abstentions (0) Carried Approval of Substitute Members to the Joint Study Group formed to Investigate possible Shared Services and possible Consolidation between the City of Ithaca and the Town of Ithaca - Resolution By Alderperson Coles: Seconded by Alderperson Tomlan WHEREAS, the City of Ithaca Common Council and the Town of Ithaca Board, desiring to examine the mutual benefits that could be achieved through possible shared services and possible consolidation measures, agreed by votes at their respective meetings of May 3, 2006, and May 8, 2006, to pursue such investigation through the establishment of a joint study group, and WHEREAS, the Common Council voted unanimously to create such a study group to investigate, among others, the legal and regulatory aspects of shared services and possible consolidation, the pros and cons of both shared services and consolidation, the financial opportunities and liabilities of consolidation or shared services, an analysis of the property and sales tax scenario for a single jurisdiction, the concept of a new jurisdiction, and a unified comprehensive plan, and to provide an analysis of the strengths, weaknesses, opportunities, and threats for each topic area, and WHEREAS, the Common Council voted that the study group would be composed of eight “at-large” members, mutually agreed upon by the City of Ithaca Common Council and the Town of Ithaca Board, with these representatives having knowledge of finance, law, planning, public works, police, or organizational culture, plus one elected official liaison from each jurisdiction, making a total of ten members, and March 7, 2007 6 WHEREAS, the Common Council directed that such study group and its chair be nominated by a joint City-Town nomination committee consisting of the Mayor, the Supervisor, one Common Council member, and one Town Board member, and WHEREAS, the nomination committee, consisting of Mayor Carolyn K. Peterson, Supervisor Cathy Valentino, Alderperson Mary Tomlan, and Councilor Peter Stein, put forward the names of eight “at-large” study group members, and WHEREAS, the Common Council and the Town Board voted at their respective meetings of October 4, 2006, and October 14, 2006, to name those eight persons as study group members, being Lois E. Chaplin, Paul R. Eberts, Nathan Fawcett, Randy Haus, Tom Niederkorn, Wendy Skinner, Stuart W. Stein, and Constance V. Thompson, and WHEREAS, two of those members, Randy Haus and Wendy Skinner, have since found that they are unable to serve, and WHEREAS, the nominating committee has agreed to put forward the names of Ellen McCollister and Diane Bruns as study group members; now, therefore, be it RESOLVED, That the Common Council of the City of Ithaca concurs in the naming of Ellen McCollister and Diane Bruns to the City-Town joint study group. Alderperson Tomlan noted that Ellen McCollister is a three-term member of the City’s Planning Board and that Diane Bruns is a local attorney. Alderperson Gelinas disclosed that he is working with the Committee to conduct research and analysis as a Senior Independent Study Project. He noted that he will be receiving Cornell University credit for the project. A vote on the Resolution resulted as follows: Ayes (8) Coles, Seger, Berry, Clairborne, Tomlan, Gelinas, Townsend, Cogan Nays (0) Carried (8-0) Alderperson Zumoff absent from vote Police Department - Request to Amend 2007 Police Department Roster and Budget - Resolution By Alderperson Coles: Seconded by Alderperson Seger WHEREAS, the Ithaca Police Department recently filled the final vacancy for the position of Data Entry Specialist for the 3:00 P.M. to 11:30 P.M. shift covering the front desk, and WHEREAS, that leaves the front desk 11:00 P.M. to 7:30 A.M. shift to be covered by civilian and Police Officers overtime, and WHEREAS, in 2006, $147,000 in overtime costs were related to the coverage of the front desk and data entry, and WHEREAS, the creation of an additional Data Entry Specialist position for the 11:00 P.M. to 7:30 A.M. shift would significantly reduce overtime costs in this area and allow for additional reporting capabilities; now, therefore, be it RESOLVED, That the Police Department’s authorized 2007 Personnel Roster be amended as follows: Add: One (1) Data Entry Specialist and, be it further March 7, 2007 7 RESOLVED, That the 2007 Police Department Budget be amended by transferring an amount not to exceed $24,400 from Account A1990 Unrestricted Contingency to Account A3120-5110 Staff Salaries for the purposes of funding said additional position plus benefits starting April 1, 2007, and be it further RESOLVED, That funding continuation for said position beyond 2007 shall be contingent upon overtime for the Police Department being reduced for front desk coverage by at least the position’s cost including benefits. Carried Unanimously ENVIRONMENT & NEIGHBORHOOD QUALITY COMMITTEE: Truck Traffic in Neighborhoods – Resolution By Alderperson Berry: Seconded by Alderperson Zumoff WHEREAS, the City of Ithaca and its neighboring communities are crossed daily by a large number of long haul trucks using State routes and Federal aide highways, with an unusual concentration of trucks hauling municipal solid waste, and WHEREAS, the City understands its benefits from and obligations to the State highway system, a system which is necessary for the support of local commerce, industry, institutions, State-wide tourism, and the local economy’s participation in interstate commerce, and WHEREAS, the City’s experience with long-haul trucks over the last decade has included fatal accidents, brakes lost on hills resulting in out-of-control trucks tipping over and spilling their contents (burying shrubbery in tons of sugar in one case and a car and driver in tons of garbage in a second case), tickets written for over weight vehicles, over-length vehicles, un-inspected vehicles, vehicles with defective mufflers, lights, and brakes, vehicles impounded because they were unsafe to drive, drivers arrested because they were unsafe to drive, and similar disturbing experiences, and WHEREAS, the City pays a price in the form of rapidly deteriorating roads and bridges from overweight trucks, decreased safety from oversized or defective vehicles, deteriorating neighborhoods and housing, from excessive numbers of large, heavy, and noisy long-haul trucks, (often passing directly through the heavily-used waterfront Cass Park area, on the “scenic byway” designated Route 89) many of which appear to be taking shortcuts (or long cuts) to avoid the regulation inherent with the interstate highway system, and WHEREAS, the City’s Board of Public Works has already approved a similar resolution; now, therefore, be it RESOLVED, That Common Council supports the efforts of New York State’s Senator Charles E. Schumer to address these types of problems as outlined in his three-point plan summarized in an October 19, 2006, news release from his office: Alderperson Zumoff stated that he is delighted to see this issue being considered as it has a very big impact on the Third Ward, especially East State Street residents. Mayor Peterson reported that this information has been sent to the Tompkins County Council of Governments for consideration. She further noted that the City of Skaneateles is happy that Ithaca has joined them in this action. Amending Resolution: By Alderperson Berry: Seconded by Alderperson Zumoff RESOLVED, That the last Resolved Clause be amended to read as follows: “RESOLVED, That Common Council supports the efforts of New York State’s Senator Charles E. Schumer to address these types of problems as outlined in his three-point plan summarized in an October 19, 2006, news release from his office: Permanent routes for trucks carrying hazardous materials ranging from garbage to gasoline. Schumer is urging that Interstate 90 (the Thruway) and Interstate 81 be designated as hazardous materials truck routes. These routes are designed to keep March 7, 2007 8 trucks on large highways and interstates, and off of smaller local roads. Currently, states can choose to set up truck routes, but it is not mandatory. The United States Code allows for these routes to be created, and requires the New York State Department of Transportation (NYSDOT) to work with the Federal Motor Carrier Safety Administration (FMCSA) to create an appropriate routing plan. Such routes are already in place in states including New Jersey, Ohio, Pennsylvania and Maryland. This would keep trucks off of smaller roads and on larger highways built for handling large trucks. The federal government to require all states establish routing systems for trucks carrying hazardous materials. Schumer promised that if the federal DOT does not set this new requirement on their own, he would introduce legislation that would require states to work with FMCSA to do so. Schumer also asked that they conduct a Truck Route Management and Community Impact Reduction Study, which would include a truck route analysis, truck route policies, regulations and stringent enforcement, truck route education, outreach program and signage. The study is to incorporate recommendations to improve the operation and management of the truck route network and mitigate the negative impacts of commercial truck traffic on local routes. In addition, the study should suggest short-term initiatives to enact immediate improvements that would better manage the truck route network. A new effort to support the bipartisan Transportation Security Improvement Act (S.1052). This legislation would provide for several measures to increase the safety of the nation’s truck fleet, including requiring truck drivers transporting hazardous material to have written route plans, requires USDOT to promote GPS tracking systems on trucks carrying high hazard materials, establishes a program for reviewing hazardous materials security plans, and sets civil penalties for failure to comply with certain requirements for the transportation of hazardous materials. It would also require the Secretary of Transportation to submit to Congress a report assessing truck security.” Carried Unanimously Main Motion as Amended: A vote on the Main Motion as amended resulted as follows Carried Unanimously REPORT OF SPECIAL COMMITTEES: Review of Budget Process – Report Alderperson Coles presented the following information to clarify the budget hearing process and stress the importance of early scheduling: 1. Why start this early to set up meetings? A. Too many agendas need to be reconciled (all CC members, the mayor, all department heads and deputies, as well as some support staff) B. Common Council Chambers has to be reserved for 5 evenings (although initially we will start with 8-9 proposed evenings) in one month. C. The object is to have dates we can all try to reserve before other meetings and obligations. 2. Members of Common Council expressed a desire for late afternoon-evening meetings. A. There appeared to have been agreement during our informal discussions last October, that we can’t be discussing considerable budget issues late into the night due to family and work obligations many have. It also appeared to be the majority opinion for starting budget meetings at 4:00 p.m. and ending at 8:00 p.m. with the public hearings being held at 7:00 p.m. B. What would you like to do about food? Do you want to go straight through or…… 3. No more periods waiting for departments or the public. A. All departments would report at 4:00 p.m. or the beginning of each set of meetings. B. The three public hearings will have to be set for times when the public will be most likely to attend. March 7, 2007 9 4. We will invert last year’s order in which departments will present. 5. Common Council should think about specific questions they might want answered by departments. 6. Standardized budgets A. Narratives should be included. B. Provide explanations of line items when not immediately apparent. 7. Along with traditional ways of publicizing budget meetings, dates should be sent to Civic Associations for posting on listserves. 8. Include updates on capital projects. Alderperson Seger agreed that scheduling the budget sessions was a problem last year, and encouraged the Mayor to consider public hearing meeting times for 7:00 p.m. for the convenience of residents. He further stated that he supports the standardization of budget submissions for all departments, and noted that the City Attorney’s Office submission was a good model. Alderperson Cogan recommended that budget meetings start at 4:00 p.m. and that public hearings be conducted at 5:00 p.m. or 6:00 p.m. Alderperson Coles explained that a group of people would meet to schedule eight (8) dates/times for meetings. Alderperson Berry requested that information on the budget be placed on the city’s web site to announce meetings and share information so that people who can’t attend meetings can still participate. NEW BUSINESS: 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 Local Advisory Board of Assessment Review, with __________________ and ________________being designated as alternates. Discussion followed on the floor regarding the lack of proposed nominees for these appointments. Resolution Authorizing the Mayor to Make Appointment to the Local Advisory Board of Assessment. By Alderperson Cogan: Seconded by Alderperson Tomlan RESOLVED, That Common Council authorizes the Mayor to make the appointment of two people to serve on the Local Advisory Board of Assessment. Carried Unanimously Blue Stone Bar & Grill Alcohol Permit Request – Resolution By Alderperson Cogan: Seconded by Alderperson Seger WHEREAS, the City Clerk’s Office has received a request to allow the Blue Stone Bar & Grill to utilize certain areas along Aurora Street for outdoor dining, and WHEREAS, this use of public property has been deemed proper and successful, and WHEREAS, the City of Ithaca wishes to promote diverse uses of the Primary and Secondary Commons, including outdoor dining, and WHEREAS, it is Common Council's responsibility to determine whether or not to allow the serving and consumption of alcohol on the Primary and Secondary Commons, and March 7, 2007 10 WHEREAS, Common Council has determined that the use of this public property for outdoor dining at the Blue Stone Bar & Grill, including the responsible sale and consumption of alcohol, is desirable, and WHEREAS, Common Council has determined that any use of this or similar public property involving the same and consumption of alcohol should be covered by a minimum of $1,000,000 insurance under the Dram Shop Act; now, therefore be it RESOLVED, For the year 2007, Common Council hereby approves a revocable Alcoholic Beverage Permit for the outdoor sale and consumption of alcohol for the Blue Stone Bar & Grill that includes the sale of alcohol in accord with the terms and conditions set forth in application therefore, including minimum Dram Shop coverage in the amount of $1,000,000 and the approval of an outdoor dining permit. Carried Unanimously Simeon’s on The Commons Alcohol Permit Request – Resolution By Alderperson Cogan: Seconded by Alderperson Zumoff WHEREAS, since 1987 the City of Ithaca has issued a license to Simeon's Restaurant allowing that restaurant to utilize certain areas along Aurora Street and on the Ithaca Commons for outdoor dining, and WHEREAS, this use of public property has generally been deemed proper and successful, and WHEREAS, the City of Ithaca wishes to promote diverse uses of the Ithaca Commons, including outdoor dining, and WHEREAS, it is Common Council's responsibility to determine whether or not to allow the serving and consumption of alcohol on the Ithaca Commons, and WHEREAS, Common Council has determined that the use of this public property for outdoor dining at Simeon's Restaurant, including the responsible sale and consumption of alcohol, is desirable, and WHEREAS, Common Council has determined that any use of this or similar public property involving the same and consumption of alcohol should be covered by a minimum of $1,000,000 insurance under the Dram Shop Act; now, therefore be it RESOLVED, For the year 2007, Common Council hereby approves a revocable Alcoholic Beverage Permit for the outdoor sale and consumption of alcohol for Simeon's Restaurant that includes the sale of alcohol in accordance with the terms and conditions set forth in the application therefore, including minimum Dram Shop coverage in the amount of $1,000,000 and the approval of an outdoor dining permit. Carried Unanimously INDIVIDUAL MEMBER – FILED RESOLUTIONS: Common Council - 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 March 7, 2007 11 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. This Resolution was referred back to City Administration Committee for further review and discussion. MAYOR’S APPOINTMENTS: Disability Advisory Council: By Alderperson Cogan: Seconded by Alderperson Seger RESOLVED, That Kendrick Kemp be appointed to the Disability Advisory Council to fill a vacancy with a term to expire June 30, 2009. Carried Unanimously Mayor Peterson noted that Alderperson Zumoff’s term on the Ithaca Downtown Partnership Board expired on December 31, 2006. She stated that she would make an appointment to that board at the April Common Council meeting. Alderperson Clairborne stated that he would like to see someone from the Second Ward serving on the board as they are the elected representatives for the downtown area. He further voiced his interest in serving. REPORTS OF COMMON COUNCIL LIAISONS: Ithaca Urban Renewal Agency Alderperson Clairborne reported on the following items from the Ithaca Urban Renewal Agency Board: On February 22, 2007 the Ithaca Urban Renewal Agency adopted a final proposed Action Plan for 2007 to fund 19 separate projects in the following categories: housing, public facilities, economic development, and public services. March 7, 2007 12 Some of the public facility projects include: Public dock at Cass Park New kitchen at GIAC Air conditioning at Southside Community Center Renovations to former pump station at 530 W. Buffalo Street for RIBS program Accessibility improvements at the Youth Bureau and the Lifelong senior center Some of the public service projects include: Pre-Construction Preparedness Program Support Services for Immigrants and Refugees Child Care Emergency Scholarships Natural Leaders Initiative A summary of the proposed 2007 action plan is available for public comment. Recreation Partnership Alderperson Clairborne reported on the Recreation Partnership and stated that a retreat will be held to discuss the process of revising the language to the agreement between the participating municipalities. Human Services Coalition Alderperson Berry reported that Cornell University President Skorton gave the keynote address at the Human Services Coalition meeting, which was very well attended. She further stated that the Sister Friends celebration would be held on March 15, 2007 at Ithaca College. REPORT OF CITY CLERK: City Clerk Holcomb read into the record the following information from the Ithaca Urban Renewal agency: Public Hearing Notice City of Ithaca Community Development Block Grant and Home Investment Partnerships Programs Proposed Action Plan 2007 The Planning and Economic Development Committee of the Ithaca Common Council will hold a Public Hearing at 7:30 p.m., Wednesday, March 21, 2007 in Common Council Chambers at City Hall, 108 E. Green Street, Ithaca, NY. This Public Hearing is the second of two public hearings scheduled to review the City of Ithaca’s Annual Action Plan. This second hearing is intended to obtain the views of citizens on the proposed Action Plan, which describes the City's proposed uses of Community Development Block Grant (CDBG) and Home Investment Partnerships Program (HOME) funds for housing, public facilities, public services and economic development to benefit the City’s low and moderate income population. Written comments may be submitted to the IURA, 108 E. Green Street, Ithaca 14850 by 4:30 p.m. March 19, 2007. The proposed Plan is available for inspection at several public locations, including the City of Ithaca website, www.cityofithaca.org. For information contact the IURA at (607)-274-6559, or email suek@cityofithaca.org . Notice of Availability and Public Comment Period City of Ithaca Proposed Action Plan Community Development Block Grant (CDBG) and HOME Investment Partnerships (HOME) Entitlement Program The Ithaca Urban Renewal Agency’s proposed Action Plan for FY 2007 will be made available for public comment between March 1 and March 30, 2007 at the following locations: March 7, 2007 13 IURA office, 3rd floor City Hall Office of the Mayor, 4th floor, City Hall Tompkins County Library www.cityofithaca.org Activity Sponsor Amount Housing 1. Cedar Creek Housing Ithaca Neighborhood Housing Services/HOP $100,000* 2. SHARP Mini-Repair Program Ithaca Neighborhood Housing Services $ 21,000 3. INHS Housing Development Ithaca Neighborhood Housing Services $360,000 4. 2007 Weatherization Assistance Program, Tompkins Community Action, Inc.$ 50,000 5. 2007 Security Deposits, Catholic Charities of Tompkins/Tioga $ 60,000 6. CHDO Operating Assistance, Community Housing of Ithaca, Inc. $ 25,000 7. Project-Specific CHDO Assistance, Ithaca Urban Renewal Agency $ 29,808 Economic Development 8. CDL Training Program, Commercial Drivers License (CDL) Partnership $113,000 Public Facilities 9. Southside Gym Renovation- air conditioning, Southside Community Center, Inc. $ 43,000 10. RIBs Building Renovation- 530 W. Buffalo, Southside Community Center, Inc. $ 26,700 11. Youth Bureau Accessibility Improvements, Ithaca Youth Bureau $ 18,587 12. Cass Park Public Dock, Ithaca Asian American Assn./City of Ithaca $ 98,000 13. Public Facility Improvements City of Ithaca $ 48,000 14. Senior Center Accessibility Improvements Lifelong $ 22,090 15 GIAC Kitchen Improvements Greater Ithaca Activities Center $ 53,935 Public Services 16. Pre-Construction Preparedness Program, Skilled Trades Diversity Council $ 24,480 17. Support Services for Immigrants & Refugees, Catholic Charities of Tompkins/Tioga $ 35,000 18. Natural Leader’s Initiative, Natural Leaders Partnership $ 43,713 19. Child Care Emergency Scholarships, Day Care Council $ 13,000 20. Administration Ithaca Urban Renewal Agency $220,543 *This Project is funded with $90,000 of HOME and $10,000 of Housing Development Action Grant (HODAG) money. The Action Plan describes proposed uses of federal funding for projects benefiting the City’s low- and moderate-income residents. Written comments may be submitted to the IURA, 108 E. Green Street, Ithaca 14850 by 4:30 p.m. March 30, 2007. For information contact the IURA at (607) 274-6553. REPORT OF CITY CONTROLLER: City Controller Thayer reported on the following:  Financial Reports: AIM reports being completed as required by the State  2007 Sales tax revenue off to a weak start  Snow removal costs, $109,000 spent to date  Fuel prices are rising again so the budget will need to be monitored REPORT OF CITY ATTORNEY: City Attorney Hoffman reported to Council on the following matters: Cayuga Green Project – The language on the air rights agreement has been finalized and the Mayor has signed the document. This agreement protects the tenants of the first floor retail space from infrastructure related issues. A purchase agreement for the March 7, 2007 14 parcel previously occupied by the helix is being developed. This document sets deadlines for developers to accomplish certain goals in order to close on the property. The City has been served with slip and fall lawsuit although the fall occurred on private property. The case argues that the City should have caused sidewalk to be cleared from snow and ice and is being handled by the insurance carrier. Dog park lawsuit – the oral argument has been made at Tompkins County Supreme Court. The Judge has reserved decision and has given an opportunity for parties to submit additional information; the petitioner has done this and the City will do so next week. Motion to Adjourn Into Executive Session to Discuss the Employment History of an Individual Employee: By Alderperson Cogan: Seconded by Alderperson Coles RESOLVED, That Common Council adjourns into executive session to discuss the employment history of an individual employee at 9:55 p.m. Carried Unanimously Reconvene: Common Council reconvened into regular session at 10:25 p.m. with no formal action taken. MINUTES FROM PREVIOUS MEETINGS: Approval of the January 11, 2007 Committee of the Whole Meeting Minutes and February 7, 2007 Common Council Meeting Minutes – Resolution By Alderperson Berry: Seconded by Alderperson Gelinas RESOLVED, That the minutes of the January 11, 2007 Committee of the Whole meeting be approved with noted corrections, and be it further RESOLVED, That the minutes of the February 7, 2007 Regular Common Council meeting be approved with noted corrections. Carried Unanimously ADJOURNMENT: On a motion the meeting adjourned at 10:30 p.m. ______________________________ _______________________________ Julie Conley Holcomb, CMC Carolyn K. Peterson, City Clerk Mayor