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HomeMy WebLinkAboutMN-CC-2008-02-06COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 7:00 p.m. February 6, 2008 PRESENT: Mayor Peterson Alderpersons (10) Coles, Dotson, Rosario, Clairborne, Tomlan, Zumoff, Schuler, Myrick, Cogan, Korherr OTHERS PRESENT: City Clerk – Conley Holcomb City Attorney – Hoffman City Controller – Thayer Deputy Planning & Development Director – Cornish Superintendent of Public Works – Gray Human Resources Director – Michell-Nunn Building Commissioner – Radke GIAC Director – Fort Deputy GIAC Director – McBean-Clairborne Youth Bureau Director - Green PLEDGE OF ALLEGIANCE: Mayor Peterson led all present in the Pledge of Allegiance to the American Flag. ADDITIONS TO OR DELETIONS FROM THE AGENDA: Mayor Peterson requested the addition of an Executive Session to discuss pending litigation. 4. SPECIAL ORDER OF BUSINESS: 4.1 The J. Diann Sams Annual African American History Month Resolution Honoring Lucy Brown in honor of African-American History Month By Alderperson Clairborne: Seconded by Alderperson Myrick 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; the 2005 honoree was Dr. James Turner, a world-renowned scholar and founder of the Africana Studies and Research Center at Cornell University; 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 in 2007 this recognition went to Mrs. Frances Eastman, a long-time Southside community resident, first woman of color supervisor of medical records at Cayuga Medical Center, former civil service commissioner, and past recipient of the Tompkins County “Senior citizen of the Year”; and WHEREAS, this annual recognition was renamed in 2007 in honor of former Alderperson J. Diann Sams, and her tireless efforts on behalf of African-Americans; 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 February 6, 2008 2 WHEREAS, Dr. Carter G. Woodson later obtained degrees from the University of 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 worth of community support and recognition is Ms. Lucy J. Brown, a native Ithaca, and whose service to this community has established a stellar example for all to model; and WHEREAS, during nearly three decades as a staff member at Cornell University’s College of Human Ecology and former Department of Education, Ms. Brown was instrumental in helping bridge the gap between Cornell University and the City of Ithaca, not limited to but including serving as a liaison between Cornell’s Africana Study and Research Center and the Southside Community Center, whose board of directors she sat on, and established a jointly sponsored afterschool program at the center; and WHEREAS, Ms. Brown’s insistent belief of committing to local community service led to her former membership with the City of Ithaca’s Board of Public Works and the Ithaca Urban Renewal Agency, where she served several years as chairwoman of the Housing, Neighborhoods, and Infrastructure Committee, as well as continued membership with the Daughters of the Elks – Cayuga Temple No. 54; and WHEREAS, Ms. Brown’s advocacy for children led to her appointment on the Ithaca City School District Board of Education where she spoke emphatically on the disproportionate negative impact some school district policies were having on underrepresented minority students and families with unrestrained passion in a commanding voice with unshakable resolve; and WHEREAS, her commitment to affordable housing led to Ms. Brown’s involvement as a founding member of Ithaca Neighborhood Housing Services, where her support of the organization and promotion of the neighborhood concerns as a focus of the organization resulted in the creation of the Lucy Brown Award for Community Leadership; and WHEREAS, Ms. Brown continues to contribute to the community in many ways while balancing family, friends, globetrotting such as witnessed through her involvement with the Village at Ithaca education initiative; 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 Ms. Lucy J. Brown, who through her unwavering commitment to social justice and speaking out against racism, discrimination, oppression, and injustice; and the strong partnerships she has forged that 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. Alderperson Clairborne presented the 2008 J. Diann Sams Annual African American History Month award to Ms. Lucy J. Brown for her unwavering commitment to social justice. Ms. Brown accepted the award and paid tribute to Diann Sams and her invincible spirit. Officer J.B. Nelson, a son of Diann Sams, thanked Alderperson Clairborne for continuing this tradition. He further thanked Ms. Brown for her comments and devotion to the City of Ithaca. February 6, 2008 3 Alderperson Rosario thanked Ms. Brown for welcoming him to the community and for the support and guidance she gave him. He stated that Ms. Brown educated him on the history of the community and helped him in finding his leadership potential. Mayor Peterson thanked Ms. Brown for her many contributions to the City of Ithaca. SPECIAL PRESENTATIONS BEFORE COUNCIL: Ithaca Police Department Acting Chief Edward Vallely and Sgt. Douglas Wright of the Ithaca Police Department presented the department’s newest addition to their web page called the “E-Blotter”. The E-Blotter is a listing of daily police activity in all areas of the City. In addition to the blotter, a map of police beats and a glossary of terms have been posted to help people understand law enforcement terminology. Chief Vallely explained that this tool was developed in response to requests from the public for more information on activities taking place in their neighborhoods. Acting Chief Vallely further stated that the Police Department and the Department of Information Technology worked together to develop this tool and they welcome input from the community. Common Council members thanked the staff from both departments for their responsiveness to the public and stated that they were impressed by this new, dynamic tool. Town of Ithaca Report: Town Supervisor, Herb Engman addressed Common Council on the following items:  Town/City cooperation and shared services (sewer, recreation, and fire)  An assisted living facility for 80 people that will accept Medicaid has been proposed for a location on Rt. 96.  Gateway Trail project proposal from Emerson to Buttermilk Falls to the Black Diamond Trail  Joint City/Town Study Committee has been discussing the advantages and disadvantages of consolidation  City and Town Comprehensive Plans and the possibility of using shared liaisons to facilitate the flow of information (Ulysses and Dryden are working on their plans too). Tompkins County Legislature Report: Tompkins County Legislator, Pam Mackesey addressed Common Council on the following items:  Lucy Brown Award – she was happy to be present for the award presentation and the tribute to Diann Sams  Welcome to the new members of Common Council  Tompkins County Legislature is in a state of transition – Mike Koplinka-Loehr has assumed the role of Chair; and Carol Chock has filled Dick Booth’s vacancy  The County is in the search process for a new County Administrator  Brown Road building purchase for the Tompkins County Health Department re- location  NYS has chosen new electronic voting machines that should be in place shortly  Property assessments – she encouraged the public to let their elected representatives know if they felt strongly about the tri-annual system. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: Allen Green, Ithaca Youth Bureau Director, announced that the Ithaca Youth Bureau is celebrating its 60th anniversary! There will be various special events and celebrations throughout the year. Stephen Engleman, Town of Ulysses, addressed Council and stated that he has a proposal that would reduce truck traffic in the city’s residential neighborhoods that he would be willing to share with city officials on the condition that the temporary off-leash dog area is made into a permanent dog park. February 6, 2008 4 Brian Noteboom, Carpenter’s Union, reported on the Cayuga Green Project’s use of local union workers. He further expressed concern that a sub-contractor on the Lakeview Mental Health project has a history of mis-classification of workers. He urged Council to reconsider the tax exemption status of the project. Lillian Lightborn, Town of Ithaca, addressed Council regarding the Greater Ithaca Activities Center’s (GIAC) need for building repairs and renovations as it supports so many people, services, and programs. William Meyer, City of Ithaca, addressed Council to offer a presentation of information related to 9/11. He further offered a history of Nazi activity in World War II and compared it with the actions of the United States and the current administration under President Bush. Jeanne Fudala, Town of Alpine, addressed Council in support of the proposed carbon tax resolution. Johnathan Reed and Lori Brewington, of the GIAC Teen Program, addressed Council regarding the need for more space at GIAC for their programs. Sigrid Kulkowitz, addressed Council in support of a carbon tax and stated that the ultimate goal is to reduce dependence on fossil fuels. She urged Common Council to be the leader in pushing this issue to the national agenda. Lynnda Cahoon and Travis Brooks, GIAC employees, addressed Council regarding the impact that the condition of the GIAC building has on kids. They stressed the need to provide a stable environment in which the children feel safe. They noted that the building is not just a work environment for city employees but it is also a building where many programs for the community are offered. They urged Council to support funding for repairs and renovations to improve the building. Leslyn McBean-Clairborne, Deputy Director of GIAC, stated that she feels that GIAC gets taken for granted because they always find a way to “make-do” with what they have. She noted that GIAC programs were temporarily moved to four different locations last year because of the condition of the building. She urged support of funding for repairs and renovations. Margaret McCasland, addressed Council in support of the request to improve the GIAC building, the proposed carbon tax resolution, and the award presented to Lucy Brown. Fay Gougakis, City of Ithaca, voiced her concerns regarding the crime rate in the community and the increase in pedestrian/vehicle accidents. She expressed her support for the comments made regarding the needed improvements at GIAC. She further stated that she would like to invite a professional from Toronto to speak in Ithaca regarding pedestrian and bicycle safety issues. Sally Wessels, Town of Ithaca, addressed Council in support of funding for the repairs and space adjustments needed at GIAC. Sylvester Johnson, Town of Caroline, addressed Council in support of the proposed carbon tax resolution. City Clerk Holcomb read the following e-mail from former Alderpersons Michelle Berry and Gayraud Townsend into the record: “With both of us out of town and unable to attend this evening, we wanted to send our congratulations to Ms. Lucy Brown, her family, and friends of the annual J. Diann Sams Annual African American History Month resolution, a recognition given each year to an Ithaca community member “of great esteem and stellar leadership”. We want to thank you for your commitment to the community and wish you continued success in the future. We also thank our former Common Council colleagues for continuing this fine tradition, begun in 2004.” February 6, 2008 5 7. PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR: 7.1 Announcement of the Availability of the 2008 Annual Disclosure Forms for the Mayor and Common Council City Clerk Holcomb announced the availability of the 2008 Annual Disclosure forms for the Mayor and Common Council. Alderperson Coles responded to comments made regarding the GIAC building and stated that it is a high priority issue for the City. Many meetings have been held to discuss how to proceed with this project. Alderperson Korherr thanked everyone for coming to speak at the meeting. She further thanked Mr. Noteboom for raising the awareness of Common Council regarding his concern of worker misclassification at the Lakeview Mental Health project. She also responded to comments made regarding the GIAC building. Alderperson Schuler reported that the American Mobile Dental Van will be available for people without dental insurance in various municipalities throughout Tompkins County every other Monday from 8:30 a.m. to 4:30 p.m. Alderperson Clairborne spoke in recognition of Ms. Lucy Brown and stated that he was very proud that she was selected for this award because she pushes leadership, diversity, and inclusion naturally. He further responded to comments made regarding the GIAC building and noted that some of the staff of GIAC is comprised of former participants of its programs. He noted that February is Black History Month and the community recently lost three white allies: Ben Nichols, Don Barr, and Harvey Fireside. Their passing will leave a big void. Alderperson Rosario responded to concerns made regarding the GIAC building. He noted that commitments have been expressed about getting things done but concerns have been raised in the community that perhaps the commitment isn’t as strong as it should be. 8. CONSENT AGENDA ITEMS: 8.1 DPW - Approval of 100 Block N. Aurora St. Sidewalk Assessments - Resolution By Alderperson Zumoff: Seconded by Alderperson Cogan WHEREAS, the Sidewalk Assessments for the widening of the sidewalks of the 100 Block of North Aurora Street have been reviewed by the Board of Public Works (BPW), and WHEREAS, the BPW has approved the sidewalk assessments; now, therefore, be it RESOLVED, That Common Council hereby approves the Sidewalk Assessment Schedule attached and directs the City Chamberlain to make the appropriate billing for said assessments. Carried Unanimously 8.2 Youth Bureau - Request for Budget Amendment - Resolution By Alderperson Zumoff: Seconded by Alderperson Cogan WHEREAS, the Ithaca Youth Bureau has been advised by the U.S Department of Education that they have been awarded a Safe and Drug-Free Schools and Communities Mentoring Program grant, and WHEREAS, the total grant awarded is for $169,395 funded over both 2007 and 2008, and WHEREAS, the goal of this funding is to provide long-term mentoring and academic support for 50 middle school youth through the Youth Bureau College Discovery Program and Paul Schreurs Memorial Program; now, therefore, be it RESOLVED, That Common Council hereby amends the 2008 Youth Bureau Budget to account for the 2008 portion of said grant as follows: February 6, 2008 6 Increase revenue account: A7310 - 4820 – 01200 Federal Aid $9,544 A7310 - 4820 - 01201 Federal Aid $2,800 A7310 - 4820 - 01206 Federal Aid $6,200 A7310 - 4820 - 01221 Federal Aid $7,956 A7310 - 4820 - 01240 Federal Aid $71,658 A7310 - 4820 - 01400 Federal Aid $8,179 $106,337 Increase expense account: A7310 - 5125 - 1201 Overtime $1,800 A7310 - 5460 - 1201 Program Supplies $1,000 A7310 - 5120 - 1206 Part time Seasonal $4,950 A7310 - 5460 - 1206 Program Supplies $1,250 A7310 - 5120 - 1221 Part time/ Seasonal $4,310 A7310 - 5125 - 1221 Overtime $1,800 A7310 - 5445 - 1221 Travel & Mileage $1,846 A 7310 - 5120 -1240 Part time/ Seasonal $48,398 A7310 - 5110 - 1240 Staff Salary $2,361 A7310 - 5435 - 1240 Contractual $11,000 A7310 - 5445 - 1240 Travel & Mileage $5,149 A7310 - 5460 - 1240 Program Supplies $4,750 A7310 - 5405 – 1400 Telephone $1,000 A7310 - 5435 - 1400 Contracts $1,000 A7310 - 5437 - 1400 Merchant Expenses $2,000 A7310 - 5420 - 1400 Gas & Oil $2,000 A7310 - 5425 – 1400 Office Expense $1,000 A7310 - 5476 – 1400 Equipment Maintenance $500 A7310 - 5480 – 1401 Building Maintenance $679 A7310 – 9030 FICA/Medicare $4,867 A7310 – 9040 Workers Comp. $4,677 $106,337 Carried Unanimously 9. CITY ADMINISTRATION COMMITTEE: 9.1 Safety Committee – Request to Establish Capital Project for Workplace Violence Prevention Improvements - Resolution By Alderperson Coles: Seconded by Alderperson Korherr WHEREAS, recently passed New York State legislation requires municipalities to have a Workplace Violence Prevention Program, and WHEREAS, in response to that legislation, a City Workplace Violence Prevention Team was formed, and WHEREAS, the team recognized that the scope of security expertise required was beyond in-house capabilities, and WHEREAS, the City contracted with Business Protection Specialists Inc. (BPS) to conduct a security assessment of all city facilities, and WHEREAS, the resulting assessment prioritized 146 recommendations, determined operational and facility deficiencies, and recommended equipment upgrades to achieve support safeguards, and WHEREAS, the recommendations identified several high priorities and immediate issues of concern to be addressed, and WHEREAS, the cost estimate for implementing the high priority recommendations are approximately $51,000, including financing costs; now therefore, be it RESOLVED, That Common Council hereby establishes Capital Project #742 in an amount not to exceed $51,000 for the purposes of implementing said workplace violence prevention improvements, and be it further February 6, 2008 7 RESOLVED, That funds necessary for said project shall be derived from a General Fund Advance with later repayment from the issuance of Serial Bonds if necessary. Carried Unanimously 9.2 DPW - Amendment of Capital Project #706 for Stewart Park Dock Construction - Resolution By Alderperson Coles: Seconded by Alderperson Schuler WHEREAS, on January 8, 2008 the City accepted and opened bids for the design and construction of a dock at Stewart Park, and, WHEREAS, the apparent qualified low bidder is McPherson Builders of Ithaca for approximately $70,000, and, WHEREAS, the total estimated project budget based upon the apparent qualified low bid is $96,000, and, WHEREAS, as part of the 2007 Authorized Capital Budget, Capital Project #706 Stewart Park Dock Construction was approved in the amount of $40,000, and WHEREAS, the post bid project budget estimate is $96,000, which exceeds the current project authorization by $56,000; now, therefore, be it RESOLVED, That Common Council hereby amends Capital Project #706 Stewart Park Dock Construction in an amount not to exceed $56,000 for a new total project authorization not to exceed $96,000 for purposes of constructing said dock, and be it further RESOLVED, That said project amendment of $56,000 shall be derived from the following sources: Trust and Agency ECHO (Every Child has Opportunities) Fund $15,000 General Fund Advance (later repayment from the issuance of Bonds if necessary) $41,000 Alderperson Zumoff stated that this project is a great idea but he cannot support adding more than 100% of the original appropriation to fund a project that should have been properly estimated. Alderperson Schuler stated that a full explanation was given at the committee meeting of why the estimate was inadequate. Alderperson Cogan explained that construction costs are skyrocketing and impacting municipalities nationwide. Alderperson Rosario stated that the process used to determine the estimates for capital projects is imperfect and needs attention. He further stated that he would support the Resolution as he understands the circumstances behind it. Alderperson Myrick stated that he shared Alderperson Zumoff’s sentiments however if the project is delayed, project costs will continue to rise. A Vote on the Resolution resulted as follows: Ayes (9) Coles, Dotson, Rosario, Clairborne, Tomlan, Schuler, Myrick, Cogan, Korherr Nays (1) Zumoff Abstentions (0) Carried February 6, 2008 8 9.3 An Ordinance to Amend Chapter 178 of the City of Ithaca Municipal Code Entitled “Exterior Property Maintenance”, Sections 178-2, 178-3 and 178-7, Regarding the Clearing of Snow and Ice from Sidewalks By Alderperson Coles: Seconded by Alderperson Zumoff WHEREAS, Chapter 178 of the City Code (“Exterior Property Maintenance”) was adopted in 2001 to establish the minimum standards for maintenance of exterior grounds and visible facades in the City of Ithaca; and WHEREAS, violation of this Chapter can result in the issuance of an appearance ticket by the Building Department’s Exterior Maintenance Officer; and WHEREAS, Subsection 178-3.J. of Chapter 178 establishes that a property owner’s sidewalk must be free from snow and ice within 24 hours after the beginning of a snowfall; and WHEREAS, in 2005, in response to a continuing problem as to property owner compliance with this requirement, Common Council amended Subsection 178-3.J. to authorize the Superintendent of Public Works (or his or her designee) to clear sidewalks not maintained by the property owner in compliance with the ordinance, and to cause the property owner to be billed for such clearing; and WHEREAS, in making the 2005 amendment, Common Council did not modify the language of Section 178-7 (now entitled “Notification when City intends to correct violation”), which requires that the Building Commissioner provide at least five days written notice of any violation of the chapter, to the affected property owner, before the City can correct such violation and charge a fee to the property owner for such correction, and which allows the property owner to request a hearing before the Board of Public Works (which hearing automatically stays any further enforcement of the alleged violation); and WHEREAS, a five-day (or more) delay in the clearing of snow and/or ice from a sidewalk essentially defeats the purpose of Subsection 178-3.J. and should not be imposed or allowed by the ordinance; and WHEREAS, Common Council also wishes to increase the minimum charge for the correction of a violation of Chapter 178 (to $50) and to clarify the ordinance in certain other respects; now therefore ORDINANCE 08-____ BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, as follows: Section 1: Section 178-2 of the Municipal Code of the City of Ithaca is hereby amended by the addition of the following definition: SNOWFALL – A measurable accumulation of snow or ice, not including trace or flurry events resulting in no measurable ground accumulation of snow or ice. Section 2: Subsection 178-3.J of the Municipal Code of the City of Ithaca is hereby amended as follows: J. Sidewalks; snow and ice. [Amended 12-7-2005 by Ord. No. 05-25] (1) Sidewalks shall be free from snow and ice for the full paved width of such sidewalk, except within 24 hours after the beginning of a snowfall. Failure to comply shall be punished as provided in §178-10B(2). Each day that a violation continues shall be considered a separate offense. (2) For properties that abut the intersection of two streets, the sidewalks shall include that portion of the sidewalk that runs to the curbline of any street and shall include any access ramps therein. (See §285-5.) February 6, 2008 9 (3) When snow and ice on any sidewalk within the time period specified in Subsection J(1) above is frozen so hard that it can not be removed without injury to the sidewalk, it shall, within the time specified in Subsection J(1) above be strewn and kept strewn with ashes, sand, sawdust or other suitable material, so as to be no longer dangerous to life and limb. As soon as practical thereafter, the sidewalk shall be completely cleared of snow, ice and other materials strewn thereon, as provided in Subsection J(1). (4) Whenever the sidewalks are any sidewalk is not kept free from snow and ice as defined in Subsection J(1), the Superintendent of Public Works or his or her designee may clear the sidewalk so that it is free from snow and ice and shall notify the City Chamberlain of the expense incurred by the amount of labor equipment and materials used. The minimum charge shall be $25 50. The City Chamberlain shall promptly present to the owner of each any parcel so cleared a bill for the removal of snow and ice, as certified by the Superintendent of Public Works. If not paid within 30 days, the cost thereof shall be assessed against the property, added to its tax and become a lien thereon, collectible in the same manner as delinquent City taxes. Appeals from this section shall only be permitted if written notice of appeal is received by the Ithaca City Clerk within 45 days after the mailing of the bill from the Chamberlain, and such appeals shall be taken to the Board of Public Works. Section 3: Subsection 178-7 of the Municipal Code of the City of Ithaca is hereby amended as follows: §178-7. Notification when City intends to correct violation; handling of snow or ice removal; hearing for contested notice or billing. Except as otherwise specified in this subsection, I in any case in which the City intends to correct a violation of this chapter and then bill the property owner for the correction of the violation, the Building Commissioner or his/her designee shall notify the owner of the property and, where relevant, the registered agent who has assumed responsibility as outlined in §178-5 of this Code, in writing, of any violation of this chapter. In the case of a violation of subsection 178-3.J (i.e., failure to clear snow or ice from a sidewalk), notice of such violation or of the City’s intention to remedy the violation shall not be required prior to the clearing of such snow or ice by direction of the Superintendent of Public Works, as provided for in subsection 178-3.J(4); in that case, the bill for such clearing from the City Chamberlain as provided for in said subsection shall constitute notice of the violation, and shall also state that the property owner may contest the billing by making a written request for a hearing before the Board of Public Works, in the manner provided for below. Such Any other notice required by this section shall be served in person or by mail to the address appearing on the City tax roll, requiring such person, within a time specified in such notice but in no event less than five days from the service or mailing thereof, to comply with this chapter and to cause the grass, brush or solid waste to be cut back or removed or, if graffiti, to have the same removed so as to comply with this chapter. In the event that graffiti removal is ordered during the winter months, then, upon receipt of a written request from the property owner or agent within the time specified in the notice for removal, the Building Commissioner may in his or her discretion extend the compliance period. Such notice shall also state that the property owner may contest the finding of the Building Commissioner by making a written request to have a hearing on the matter held at the next regularly scheduled meeting of the Board of Public Works. This written Any request for such a hearing must be mailed and postmarked or personally delivered to the Building Commissioner within the five- day compliance period (or, in the case where the City has billed the property owner for removal of snow or ice from a sidewalk, within five days of the mailing of such bill), and any such written request for a hearing shall automatically stay further enforcement concerning the alleged violation pending such hearing. The decision of the Board of Public Works, by majority vote, shall be binding, subject to any further judicial review available to either the City or the property owner. Upon the failure of such a property owner to comply with the requirements of subsection 178-3.J of this chapter, or with the such notice of violation of any other provision of this chapter (or, alternatively, to request a hearing as aforesaid within the time limit stated therein in such notice, or upon a Board of Public Works determination, after such a hearing, that a violation exists), the Building Commissioner shall refer the matter by memorandum to the Superintendent of February 6, 2008 10 Public Works, who shall cause such premises to be put in such condition as will comply and shall charge the cost thereof to the owner of said premises, including a charge of 50% for supervision and administration. The minimum charge to the property owners for such work shall be $25 50. Bills rendered for such services shall be handled in the manner prescribed by § 331-3 subsection 178-3.J of the Code. Section 4: Supersession. This Section is intended to supersede any inconsistent provision of the City Charter or Code. Section 5: Validity. The invalidity of any provision of this Section shall not affect the validity of any other provision which can be given effect without such invalid provision. Section 6: Effective Date. This Section shall take effect immediately in accordance with law upon publication of a notice as required by the Ithaca City Charter. Amending Resolution: By Alderperson Zumoff: Seconded by Alderperson Schuler RESOLVED, That the definition of “Snowfall” in Section 178-2 be amended to read as follows: “SNOWFALL – For the purpose of determining when the 24 hour period after the beginning of a snowfall commences in §178-3(J)(1) a snowfall shall be defined as an accumulation of snow of one-half inch or more on a calendar day, and the 24 hour period shall commence at midnight of that date.”, and be it further RESOLVED, That §178-3(J)(1) be amended to read as follows: “For the purposes of determining snowfall, data from the Northeast Regional Climate Center Ithaca Climate Page, found online at www.nrcc.cornell.edu/climate/Ithaca, shall be presumed to be authoritative as to its record of snowfall, and a printout of such, accompanied by an affidavit stating that it is a true, accurate, and unmodified copy of the website data, shall be admissible in court in determining snowfall for this section.” Alderperson Zumoff explained that this proposed language was drafted by Assistant City Attorney in Charge of Prosecution Robert Sarachan to strengthen the defensibility of the legislation in court. City Attorney Hoffman stated that he has no problem with the second proposed change but felt that the first change was confusing. Building Commissioner Radke stressed the urgency in adopting this ordinance tonight. She volunteered to report back to Common Council on any court or enforcement issues impacted by the legislation. Alderperson Korherr stated that the intent of Council was to alter the behavior of residents and to focus on getting sidewalks cleared, not to write tickets. She stated that she would not support these amendments. Motion to Refer to Committee: By Alderperson Cogan: Seconded by Alderperson Coles RESOLVED, That Common Council refer the proposed amendments back to committee for further discussion. Ayes (9) Coles, Dotson, Clairborne, Rosario, Tomlan, Myrick, Schuler Cogan, Korherr Nays (1) Zumoff Abstentions (0) Carried February 6, 2008 11 Alderperson Clairborne stated that he agrees with Alderperson Korherr regarding the voluntary compliance of homeowners and the dangers of sidewalks left unshoveled. Alderperson Dotson echoed comments made by Alderpersons Clairborne and Korherr and reported that the City encourages people to walk and the goal is to have clear sidewalks to facilitate that. She noted that 41% of city residents walk to work. Alderperson Tomlan stated that she supports the goals of the legislation and commented that people who don’t shovel their sidewalks should have to try to navigate the City in a wheelchair as a penalty instead of fines. She stated that people’s lifestyles make it difficult to “beef up” enforcement. Main Motion: A Vote on the Main Motion resulted as follows: Ayes (8) Coles, Dotson, Rosario, Clairborne, Myrick, Schuler, Cogan, Korherr Nays (2) Tomlan, Zumoff Abstentions (0) Carried 9.4. Planning Department - Establishment of Capital Project for Comprehensive Plan 2010 - Resolution By Alderperson Coles: Seconded by Alderperson Korherr WHEREAS, the undertaking of a comprehensive plan comes at Mayor Carolyn K. Peterson’s initiative, first expressed in the 2004 State of the City Address and later with the appointment of the “pre-planning committee” last February, and WHEREAS, the comprehensive plan has received preliminary approval from the Planning & Economic Development Committee as a 2008 priority project for the Department of Planning & Development, and WHEREAS, the 2008 capital project committee determined the comprehensive plan to be mission critical and approved the project for 2008 funding, and WHEREAS, the funding for the comprehensive plan was inadvertently omitted from the final 2008 capital project document approved by the Common Council, and WHEREAS, the commencement of a comprehensive plan at this time enables the City to coordinate with the Town of Ithaca’s comprehensive planning process and allows the City to have its own goals, objectives, and plans articulated as the Town, the County, and Cornell University move forward to implement their respective plans; now, therefore, be it RESOLVED, That Common Council hereby establishes Capital Project # 741 Comprehensive Plan in an amount not to exceed $200,000 over a two-year period ($125,000 the first year and $75,000 the second year), and be it further RESOLVED, That funds necessary for said Plan shall be derived from a General Fund advance with later repayment from the issuance of Serial Bonds. Alderperson Zumoff stated that he could not support this Resolution as he thought that it was too much money and that city staff should be more involved in the work to reduce costs. A vote on the Resolution resulted as follows: Ayes (9) Coles, Dotson, Rosario, Clairborne, Tomlan, Myrick, Schuler, Cogan, Korherr Nays (1) Zumoff Abstentions (0) Carried February 6, 2008 12 9.5. Planning Department - Amend Personnel Roster to Decrease Hours of Senior Planner - Resolution By Alderperson Coles: Seconded by Alderperson Schuler WHEREAS, currently the Senior Planner position in the Department of Planning and Development is staffed at 28 hours per week, and WHEREAS, the employee currently holds the title of Senior Planner and has requested a reduction in hours from 28 to 25 hours per week, now therefore be it RESOLVED, The Common Council of the City of Ithaca hereby amends the authorized Planning and Development roster as follows: Delete - One (1) Twenty-eight (28) hour per week Senior Planning Position, Add - One (1) Twenty-five (25) hour per week Senior Planning Position, and, be it further RESOLVED, That there are no additional funds required for this change, and be it further RESOLVED, That this change be effective January 1, 2008. Carried Unanimously 9.6 Common Council - Approval of Exemption from Real Property Taxes and Provision for In-Lieu Payments, With Regard to City of Ithaca Tax Map Parcels Nos. 44-3-1, 44-3-2.2 and 44-3-8 (also known as 310-318 Third Street and 313-315 Fourth Street – Lakeview Mental Health Services Project), Pursuant to Article XI of the Private Housing Finance Law of the State of New York – Resolution By Alderperson Coles: Seconded by Alderperson Zumoff WHEREAS, ISN Housing Development Fund Company, Inc.(hereinafter “ISN” or “Owner”), of 715 Central Avenue, Dunkirk, New York 14084, a corporation organized and existing under and by virtue of Article XI of the New York State Private Housing Finance Law (“PHFL”), is the current owner of Tax Map Parcels Numbers 44-3-1, 44-3- 2.2 and 44-3-8 (also known as 310-318 Third Street and 313-315 Fourth Street) in the City of Ithaca, County of Tompkins, New York (the “Property”), by deed from Lakeview Mental Health Services, Inc., recorded on December 13, 2007, in the office of the Tompkins County Clerk; and WHEREAS, ISN is the general partner in Ithaca Special Needs, LP, the developer of the Property, which partner is wholly owned by Lakeview Mental Health Services, Inc., a New York not-for-profit corporation; and WHEREAS, the afore-mentioned parcels comprise the site of a 38-unit housing project currently under construction by Ithaca Special Needs, LP, which Project is intended to provide affordable rental housing and related available care and services, allowing qualified persons of low income with severe and persistent mental disabilities to live relatively independently and to function as part of the community; and WHEREAS, pursuant to PHFL Article XI, Section 577, the legislative body of the City of Ithaca (Common Council) may exempt real property occupied by such a project from local and municipal taxes, for a period of up to 40 years from the date such exemption becomes available; and WHEREAS, the Common Council has determined that the construction and operation of the Project, as a source of affordable rental housing with associated care and services, for a special needs population, is beneficial to and in the best interests of the public and the City; and WHEREAS, as a means of assisting the Project in accomplishing its objectives, the Owner has requested from the City, and the Common Council desires to extend to the Owner, a tax abatement for the Property, subject to an agreement by the Owner to make certain payments in lieu of taxes (“PILOT Agreement”); now therefore be it February 6, 2008 13 RESOLVED, That the Common Council of the City of Ithaca, pursuant to Article XI, Section 577 of the New York State Private Housing Finance Law, hereby grants to the Property (comprised of Tax Map Parcels Nos. 44-3-1, 44-3-2.2 and 44-3-8), an exemption from real property taxes levied by the City of Ithaca, and, to the extent applicable by law, by other local taxing authorities, upon the following conditions: (a) Subject to the provisions of subsection “(b),” below, said exemption from real property taxes (other than assessments for local improvements) shall apply to 100% of the assessed value of the Property and the Project (including both land and improvements), shall commence on March 1, 2008 (the “Effective Date”), and shall terminate either on the date which is sixteen (16) years from the Effective Date or on the date that the Property ceases to be operated under the requirements of and for the purposes set forth in the PHFL (currently, in Article XI thereof) and as described herein (or, in the absence of applicable State legislation or regulations at such time, then under pertinent, comparable requirements established by the City or other local legislative body) or upon the breach (and failure to cure, upon notice by the City) by the Owner of any substantive term of the PILOT Agreement between the parties, whichever date first occurs (and which date is hereinafter referred to as the “Expiration Date”); and (b) Commencing upon March 1, 2008 and during each year thereafter until March 1, 2024, the Owner shall make payments in lieu of real property taxes, to the City of Ithaca in the sum of $5,000.00 per year; to the extent that this exemption is applicable to additional local taxing jurisdictions, such payments shall then be allocated proportionately, by the City, among the local taxing jurisdictions affected by this exemption; and be it further RESOLVED, That the Mayor, upon the advice of the City Attorney and City Controller and on behalf of the City of Ithaca, is hereby authorized and requested to execute and deliver to any pertinent party a PILOT Agreement between the City and the Owner, incorporating the terms set forth hereinabove and setting forth as necessary the details of the in-lieu payments, and to take any and all other actions necessary to effectuate or verify such tax exemption and in-lieu payments. Extensive discussion followed on the floor regarding how the amount for payment in lieu of taxes was arrived at and labor practices at the construction site. Alderperson Coles stated that this item was not adopted unanimously in committee as there were additional questions and concerns about worker misclassification. She stated that she would like to amend the agreement to be effective for one year instead of sixteen years with the expectation that the organization would come back next year to request a further year(s) agreement. Amending Resolution: By Alderperson Coles: Seconded by Alderperson Clairborne RESOLVED, That subsection (a) under the first Resolved clause be amended to read as follows: “(a) Subject to the provisions of subsection “(b),” below, said exemption from real property taxes (other than assessments for local improvements) shall apply to 100% of the assessed value of the Property and the Project (including both land and improvements), shall commence on March 1, 2008 (the “Effective Date”), and shall terminate either on the date which is one (1) year from the Effective Date or on the date that the Property ceases to be operated under the requirements of and for the purposes set forth in the PHFL (currently, in Article XI thereof) and as described herein (or, in the absence of applicable State legislation or regulations at such time, then under pertinent, comparable requirements established by the City or other local legislative body) or upon the breach (and failure to cure, upon notice by the City) by the Owner of any substantive term of the PILOT Agreement between the parties, whichever date first occurs (and which date is hereinafter referred to as the “Expiration Date”); it being the intention of the Council, prior to such expiration, to consider an extension or renewal of said exemption for an additional fifteen (15) years, subject to receipt of certain additional information from owner, satisfactory to Council, and” Discussion followed on the floor regarding financing for this project, the potential that funding sources could be jeopardized, and the long-term sustainability of the project. February 6, 2008 14 Mr. Mark Wickham, Executive Director of Lakeview Mental Health jointed the discussion to answer questions. Further discussion occurred on what recourse the City might have if there was a situation of misclassifying workers. A Vote on the Amending Resolution resulted as follows: Ayes (3) Schuler, Clairborne, Coles Nays (7) Dotson, Rosario, Tomlan, Zumoff, Myrick, Cogan, Korherr Abstentions (0) Failed Amending Resolution: By Alderperson Cogan: Seconded by Alderperson Dotson RESOLVED, That the Last Resolved Clause be amended to read as follows: “RESOLVED, That the Mayor, following the receipt of certain additional satisfactory information from the owner, and upon the advice of the City Attorney and City Controller and on behalf of the City of Ithaca, is hereby authorized and requested to execute and deliver to any pertinent party a PILOT Agreement between the City and the Owner, incorporating the terms set forth hereinabove and setting forth as necessary the details of the in-lieu payments, and to take any and all other actions necessary to effectuate or verify such tax exemption and in-lieu payments.” Alderperson Clairborne questioned what recourse the city would have if this Resolution was adopted tonight and stated that he would not be able to support it without a measure of accountability included. Alderperson Coles stated that she was impressed by Mr. Wickham’s response to the information that was presented tonight and has no doubt that issues raised will be resolved. A Vote on the Amending Resolution resulted as follows: Carried Unanimously Main Motion As Amended: A Vote on the Main Motion As Amended resulted as follows: Ayes (8) Coles, Dotson, Rosario, Tomlan, Zumoff, Schuler, Cogan, Korherr Nays (2) Clairborne, Myrick Abstentions (0) Carried 9.7. Human Resources - Management Compensation Plan Amendment - Resolution By Alderperson Coles: Seconded by Alderperson Cogan WHEREAS, on January 29, 2003 Common Council adopted a resolution that provided for a four percent (4%) stipend over base salary for those acting in the capacity of department head beyond thirty days and an eight percent (8%) increase for all permanent promotions, and WHEREAS, at the time, a relatively new compensation plan was in effect which continues today, and WHEREAS, the compensation plan moved all participants who were not at the minimum of the salary range to the minimum, and WHEREAS, due to a recent acting appointment it is evident that a four percent (4%) increase does not allow the individual to reach the minimum of the salary range for the department head; now therefore be it RESOLVED, That all managerial permanent promotions receive at least an eight percent (8%) increase over base salary (for the prior positions), and be it further February 6, 2008 15 RESOLVED, That any individual appointed to any acting position within the managerial compensation plan receive a four percent (4%) stipend over base salary or receive the minimum of the salary range for the Department Head position in question, whichever is greater. Amending Resolution: By Alderperson Korherr: Seconded by RESOLVED, That the Resolved Clauses be amended to read as follows: “RESOLVED, That all managerial permanent promotions receive an eight percent (8%) increase over base salary (for the prior positions), or receive the minimum of the salary range for the position in question, and be it further RESOLVED, That any individual appointed to any acting position within the managerial compensation plan receive an eight percent (8%) stipend over base salary or receive the minimum of the salary range for the Department Head position in question, whichever is greater.” Alderperson Clairborne explained that he would abstain from the vote as his wife is a Deputy Department Head and could be impacted by this Resolution. Alderperson Korherr stated that managerial staff could serve in an acting position for a long period of time and she supports an 8% increase or the minimum salary range of position in question. Human Resources Director Michell-Nunn explained the intent of the resolution. A vote on the Amending Resolution resulted as follows: Failed for lack of a Second. Amending Resolution: By Alderperson Zumoff: Seconded by Alderperson RESOLVED, That the Last Resolved Clause be amended to read as follows: “RESOLVED, That any individual appointed to any acting position within the managerial compensation plan receive a four percent (4%) stipend over base salary or receive the minimum of the salary range for the position in question, whichever is greater.” Mayor Peterson asked that the resolution be passed as written because it was intended to address an issue with a particular employee. She requested that the questions raised about this issue be referred back to committee for further discussion. A vote on the Amending Resolution resulted as follows: Failed for lack of a Second. Main Motion A Vote on the Main Motion resulted as follows: Ayes (9) Coles, Dotson, Rosario, Tomlan, Zumoff, Myrick, Schuler, Cogan, Korherr Nays (0) Abstentions (1) Clairborne Carried 9.8 City Controller’s Report City Controller Thayer reported on the following: The five-year plan has been completed pursuant to State funding requirements The city received a 9.5% increase ($246,000) in State Aid payments bringing the 2008 amount to 1993 levels. Bond Sale – A1 rating affirmed. Comments included a high debt burden and low reserves. The 2007 sales tax budget was exceeded by $168,000 Alderperson Korherr asked what criteria is used by the State to determine State Aid distributions. City Controller Thayer stated that he would provide copies of the criteria to Council members for their information. February 6, 2008 16 Alderperson Clairborne noted that the City is the 2nd lowest recipient of State Aid distribution. He questioned what would need to happen to make Ithaca more comparable with other small cities. Mayor Peterson stated that she is attending the NYCOM legislative meeting and will try to meet with the Governor to discuss this issue. 10. COMMUNITY & ORGANIZATIONAL ISSUES COMMITTEE: 10.1 Update on Appointment to Search Committees for Police Chief and Director of Planning and Development Alderperson Clairborne withdrew this item as Common Council members already have the information. Motion to Extend Meeting to Midnight: By Alderperson Cogan: Seconded by Alderperson Zumoff RESOLVED, That Common Council extend the meeting to midnight in order to consider the remaining agenda items. Ayes (9) Coles, Dotson, Rosario, Clairborne, Tomlan, Zumoff, Myrick Korherr, Cogan Nays (1) Schuler Abstentions (0) Carried 11. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE: 11.1 Approval of the Department of Planning and Development’s 2008 Priority Projects - Resolution By Alderperson Tomlan: Seconded by Alderperson Cogan Department of Planning & Development Mission Statement Under the direction of the Mayor, Common Council, and the Planning and Development Board, the Department of Planning & Development provides City government, citizens, and others with planning services that promote timely and informed decisions on courses of action designed to further the social, economic, and environmental goals of the community, thereby enhancing Ithaca as a great place to live, work, learn, conduct business, and play. WHEREAS, the Department of Planning & Development's proposed 2008 Priority Projects and Work Program have been reviewed by the Planning & Economic Development Committee of the City of Ithaca Common Council; now, therefore, be it RESOLVED, that the Common Council approves the Department of Planning & Development's 2008 Priority Projects, which are listed, unranked, below: 1. Cayuga Green 2. City Comprehensive Plan 3. City Water Supply 4. Collegetown Vision Statement Implementation 5. Commons Infrastructure Improvements 6. Dredging 7. Implementation of City Housing Strategy 8. Inlet Island Development 9. Ithaca Gun Factory site and the adjacent Ithaca Falls Natural Area 10. Southwest Area Development February 6, 2008 17 The following is a more detailed, but not exhaustive, list of project related responsibilities. I. PRIORITY PROJECTS/MAJOR PLANNING INITIATIVES 1. Cayuga Green Project Managers: JoAnn Cornish, Nels Bohn Project Team: JoAnn Cornish, Nels Bohn, Jennifer Kusznir, Bob Sweet as needed  Execute modified master lease and assist Bloomfield, Schon + Partners, LLC (“BS+P”) lease-up 22,000 square feet of ground level commercial lease space at Cayuga Garage.  Execute sublease with BS+P for 12,000 square foot cinema parcel at ground level of Green Garage for occupancy by the Seventh Art Corporation, Inc., for a five-screen movie theater.  Execute purchase agreement with BS+P for site of 30 - 40 unit residential condominium project adjoining Cayuga Garage for a 2008 construction commencement.  Work with Bloomfield, Schon + Partners to secure retail commercial lease agreements for project. 2. City Comprehensive Plan Project Manager: Leslie Chatterton Project Team: Leslie Chatterton, Megan Gilbert, Jennifer Kusznir, Thys Van Cort  Draft the plan framework.  Develop process for consultant selection.  Develop process for community participation and feedback.  Coordinate comprehensive planning efforts with the Town of Ithaca, the Tompkins County Planning Department, Cornell University, Ithaca College, and other involved institutions and jurisdictions.  Work to develop formats for input and feedback on draft plans from stakeholder groups.  Prepare recommendations for adoption by Common Council of the plan including compliance with environmental review processes. 3. City Water Supply Project Manager for Environmental Review: JoAnn Cornish Work with the Board of Public Works, the Superintendent of Public Works, and the City’s consultant O’Brien and Gere, to complete the environmental impact statement and CEQR process for the City’s water supply options project. Assist Common Council and the Board of Public Works as directed for assistance with other water source decision factors. 4. Collegetown Vision Statement Implementation Project Manager: Leslie Chatterton Project Team: Leslie Chatterton, Thys Van Cort, Megan Gilbert, Jennifer Kusznir, and Bob Sweet as needed  Work with the Collegetown Vision Implementation Committee (CVIC) to implement the Collegetown Vision Statement.  Coordinate with the CVIC and consultant team Goody Clancy on development and adoption of the Collegetown Urban Plan and Design Guidelines, including completing the environmental review process, in a nine-month period. Products of the plan include: strategies for meeting pedestrian circulation, parking and transit needs; identification and evaluation of the various edge conditions between and among the  residential areas that are predominantly owner-occupied and areas of concentrated student rentals; identification of development opportunities February 6, 2008 18 and constraints, and analysis of the relationships among Collegetown, Ithaca Commons and proposed East Hill Plaza redevelopment.  Develop and manage the process for community input and formats for feedback on draft plans and regulations from stakeholder groups, including city hall and Cornell staff.  Organize a property owners group to determine feasibility (and possible implementation) of a Business Improvement District (“BID”) in Collegetown.  Work with the CVIC and the consultant team to develop regulatory framework and legislative tools such as zoning amendments and binding design review for implementation of the Urban Plan and Design Guidelines..  Explore financing mechanisms for public improvements in Collegetown. 5. Commons Infrastructure Improvements – (Project parameters have yet to be determined.) Project Manager and Team to be determined. 6. Dredging Project Managers: Lisa Nicholas, JoAnn Cornish  Execute contract with Ecologic for the feasibility study for dredging operations in the City of Ithaca.  Establish working and stakeholder groups.  Develop process for community participation and feedback.  Assist consultants with inventories, documents, and other work as needed.  Explore financing mechanisms for city’s share of dredging operations.  Administer grant monies.  Prepare recommendations for adoption by Common Council including compliance with environmental review processes. 7. Implementation of City Housing Strategy Project Manager and Team to be determined. Work with Cornell University and the Tompkins County community to establish housing programs that will benefit area residents, such as an employer-assisted housing program, a housing affordability fund, and a community housing trust. 8. Inlet Island Development/Festival Lands Project Managers: JoAnn Cornish, Nels Bohn Project Team: JoAnn Cornish, Nels Bohn, Jennifer Kusznir, Bob Sweet as needed  Continue working with the selected preferred developer and Common Council toward development of Inlet Island.  Continue efforts to acquire the parcel owned by New York State Department of Environmental Conservation (“NYSDEC”).  Complete development of the 100-car city-owned parking lot. 9. Ithaca Gun Factory site and the adjacent Ithaca Falls Natural Area Project Managers: JoAnn Cornish, Nels Bohn Project Team: JoAnn Cornish, Nels Bohn, Lisa Nicholas Work with the New York State Department of Environmental Conservation and Fall Creek Redevelopment, LLC, to remediate and redevelop the former Ithaca Gun Factory Site. February 6, 2008 19 10. Southwest Area Development Project Manager: Lisa Nicholas Project Team: Lisa Nicholas, JoAnn Cornish, Nels Bohn, Jennifer Kusznir, Thys Van Cort  Implementation of the Southwest Vision Statement.  Work with prospective Master Developers McCormack Baron Salazar and Elinor Bacon (“MBS/Bacon”) in determining the function of a stakeholder/oversight committee or other form of community participation for project programming, design, implementation, and phasing.  Work with MBS/Bacon in the production of documents related to project, such as project program, design, financing, zoning, and other regulatory instruments.  Negotiate predevelopment, preferred developer, and other similar critical project agreements.  Prepare recommendations for adoption by Common Council including compliance with environmental review processes. Alderperson Clairborne stated that West End development should be included in the work plan. Alderperson Tomlan explained that the West End and North Side both deserve attention but all of the projects listed already have resources committed to them. Acting Director of Planning & Development Cornish stated that a neighborhood plan may be premature given the start of the comprehensive plan. Alderperson Dotson stated that she receives a lot of constituent questions about what is happening in the West End and that Common Council should have a conversation about that in the near future. A Vote on the Resolution resulted as follows: Carried Unanimously 11.2 Appointment of Maria Coles as the Common Council Liaison for the Southwest Urban Neighborhood Development Project - Resolution By Alderperson Tomlan: Seconded by Alderperson Myrick WHEREAS, Common Council desires to develop the City-owned land in the Southwest Area in a manner that is responsive to both public interests and the private development market, and WHEREAS, to that effect the City has embarked on the Southwest Urban Neighborhood development project, the implementation of which is expected to last multiple years, and WHEREAS, the Common Council desires to appoint a council liaison for the project to participate in a monthly conference call with staff and the development team, to meet with the development team when they visit Ithaca, to help solve problems and deal with issues as they arise, to meet as needed to discuss project issues with staff, to be included in project e-mail correspondence, and to provide Council with updates on project progress, as needed, and WHEREAS, the area to be developed is located in the First Ward of the City, and First Ward Alderwoman Maria Coles has served as a member of both the Southwest Committee and the Southwest Selection Committee; now, therefore, be it RESOLVED, That the Common Council does hereby appoint Maria Coles as the Common Council liaison for the Southwest Urban Neighborhood development project. Carried Unanimously February 6, 2008 20 11.3 Support for the Enactment of a Federal Carbon Tax - Resolution By Alderperson Tomlan: Seconded by Alderperson Cogan WHEREAS, legislation at the federal level is being considered for reductions in heat- trapping emissions of carbon dioxide, with the primary methods for motivating reductions being either a federal carbon tax or emissions trading, and WHEREAS, the outcome of this legislative debate will substantially affect residents of the City of Ithaca for decades, and WHEREAS, the cost of trading in emissions of carbon dioxide spreads throughout the economy like a tax, yet emissions trading increases expense significantly beyond that of an actual tax due to income extracted by intermediaries such as traders and brokers, due to detailed participation by attorneys, as well as due to an extensive regulatory and oversight bureaucracy, and due to overhead and infrastructure for all the above, so that emissions trading costs society substantially more than an actual tax, and WHEREAS, the volatility of trading in permits to pollute will likely prove a deterrent to investments in energy efficiency and renewable energy sources, because emissions trading increases energy cost uncertainty, in turn making returns on investments more uncertain, and WHEREAS, offsets are challenging for quantification of emissions reduced and for reliable verification of fulfillment of the goal for each offset, and WHEREAS, many offsets actually build in warming by applying the carbon dioxide saved by the offset over the many years of the lifetime of the offset against the current year’s emissions, instead of applying the current year’s reduction by the offset against the current year’s emissions, and WHEREAS, many offsets create other counterproductive unintended effects or would have been constructed anyway, even without extra funding, such as hydropower projects that already have been planned, and WHEREAS, offsets undermine the U.S. economy due to potentially high volume purchases of inexpensive offsets from abroad, worsening the balance of trade and sending jobs abroad, and WHEREAS, effective action requires reducing emissions at the source, not trading off the pressure to reduce emissions, and WHEREAS, the potentially useful feature of emissions trading is that the overall total amount of permits to pollute shrinks over time according to a regulatory goal, but that feature gets negated whenever the price of permits to pollute exceeds a set “stop price” or “safety valve,” in which case the government sells more permits at that price to maintain the price at that level, so that the total amount of permits is no longer determined by the regulatory goal, and WHEREAS, the analogy made to trading in emissions of sulfur dioxide to reduce acid rain is not applicable due to the limited number of coal-burning power plants that practice trading in emissions of sulfur dioxide, compared to the diverse sources of fossil fuels and emissions of carbon dioxide that would make emissions trading unwieldy, and WHEREAS, a straightforward federal carbon tax is projected by many economists to be more effective than unwieldy emissions trading at achieving reductions in fossil fuel usage, and at motivating investments in the U.S. in energy efficiency and renewable energy sources that would create jobs in the U.S. and stimulate the economy, and WHEREAS, the European experiment in cap-trade has been called a failure in part due to export of responsibility to reduce emissions with the purchase of possibly questionable offsets from abroad, providing historical evidence that cap-trade may work substantially less effectively than a federal carbon tax, and February 6, 2008 21 WHEREAS, a tax achieves goals for reduction of emissions by applying judiciously adjusted price-demand modeling as a public policy tool, because as price increases, demand decreases. Using this well-developed modeling, the fixed tax rate for each year gets determined by the goal for reduction in usage of fossil fuels, without the continual price volatility of permit trading, and WHEREAS, the annual goals for reduction of emissions could be mapped out for decades, for example to ultimately achieve at least 80% reduction from the emissions of 1990 by 2050 as advised by climate scientists, and WHEREAS, a federal carbon tax levied upstream (at the sources close to extraction or import of fossil fuels) will minimize the number of entities directly taxed and the expense of monitoring compliance, and WHEREAS, the major part of the proceeds of a tax could be refunded in a progressive manner as equal dividends to every citizen or as an expansion of the Earned Income Tax Credit, stimulating the economy, and WHEREAS, part of the tax proceeds could fund meritorious projects in the U.S such as energy conservation and the production of energy from renewable sources, creating “green” jobs and supporting local economies, and WHEREAS, the competitive position of the U.S. could be maintained by imposing a border tax tariff on products imported from countries without a carbon tax, and WHEREAS, a carbon tax could be accepted more widely for a worldwide protocol than emissions trading since each country’s proceeds from a tax would remain in that country with minimal impact from foreign countries on national sovereignty, and WHEREAS, both labor and business have reasons outlined above to support a federal carbon tax over emissions trading, so that once the merits of a tax become better known it could soon become politically possible, and WHEREAS, the Mayors for Climate Protection organization (www.coolmayors.com) has supported Mayors nationwide in their efforts to meet or beat the Kyoto Protocol targets (7% reduction from 1990 levels by 2012) in their own communities, and WHEREAS, the City of Ithaca has increased its own efforts to reduce its heat-trapping emissions, and WHEREAS, cities have taken the initiative because of delays by the federal government, and WHEREAS, for the above environmental and economic reasons a federal carbon tax would be substantially more effective than emissions trading; now, therefore, be it RESOLVED, That the Common Council and the Mayor of the City of Ithaca, New York, declare their support for enactment of a federal carbon tax, to be levied upstream, with a majority of revenues refunded to citizens, and be it further RESOLVED, That the City Clerk notify and send copies of this resolution to the Director of the United States Conference of Mayors, Washington, DC, Deputy Secretary for the Environment Judith Enck, Office of the Secretary to the Governor, Albany, New York and to the following elected officials:  United States Senator Hillary Rodham Clinton, Washington, DC  United States Senator Charles E. Schumer, Washington, DC  United States Representative Maurice Hinchey, Washington, DC  New York State Assemblywoman Barbara Lifton, Albany, NY  New York State Senator George H. Winner, Jr. Albany, NY February 6, 2008 22 Alderperson Schuler stated that she supports the concepts included in this Resolution but has trouble with the emphatic statements about items that are unknown. A Vote on the Resolution resulted as follows: Ayes (9) Coles, Dotson, Clairborne, Rosario, Tomlan, Zumoff, Myrick Cogan, Korherr Nays (0) Abstentions (1) Schuler Carried 13. NEW BUSINESS: 13.1 Request of Downtown Business Improvement District to Permit Wine and Hard Cider Tasting and Sale of Bottled Wine and Hard Cider at the Winter Festival/Chili Cook-Off on the Commons – Resolution By Alderperson Cogan: Seconded by Alderperson Schuler RESOLVED, That the Downtown Business Improvement District shall be authorized to arrange for the sale of bottled wine and bottled hard cider and to permit tasting of wines and hard cider at booths during the Winter Festival/Chili Cook-Off, February 16, 2008 on the Ithaca Commons, and, be it further RESOLVED, That the Downtown Business Improvement District and participating wineries shall comply with all applicable state and local laws and ordinances, and shall enter into an agreement providing that it will hold the City harmless and indemnify the City on account of any claims made as the result of the sale or tasting of bottled wine and bottled hard cider on the Ithaca Commons, and, be it further RESOLVED, That the Downtown Business Improvement District or the participating winery or cider company shall agree to maintain liability insurance in the amount of $1,000,000.00 and Dram Shop Act coverage in the minimum amount of $500,000.00, and shall provide evidence of such insurance to the City Clerk. Carried 9-0 Alderperson Tomlan absent from vote 15. MAYOR’S APPOINTMENTS: 15.1 Appointment of City Representative to the Ithaca Downtown Partnership Board – Resolution By Alderperson Cogan:Seconded by Alderperson Schuler RESOLVED, That Eric Rosario be appointed as the City Representative to the Ithaca Downtown Partnership with a term to expire December 31, 2008. Carried 9-0 Alderperson Tomlan absent from vote 15.2 Appointment to Youth Bureau Board: By Alderperson Dotson: Seconded by Alderperson Schuler RESOLVED, That Haidar Assad be appointed to the Youth Bureau Board to fill a vacancy with a term to expire December, 31, 2008, and be it further 15.3 Appointment to the Workforce Diversity Advisory Council: RESOLVED, That Lynette Chappell-Williams be reappointed to the Workforce Diversity Advisory Council with a term to expire December 31, 2010. Carried 9-0 Alderperson Tomlan absent from vote Town of Ithaca: Alderperson Korherr confirmed that she would report on City activities to the Town of Ithaca Board on February 11, 2008 at 5:30 p.m. 18. REPORT OF CITY ATTORNEY: City Attorney Hoffman reported that the City and the Board of Zoning Appeals have been sued by NYSEG regarding their application for a variance regarding the relocation of the Ithaca City School District maintenance facility to Hancock Street. A hearing is scheduled for April 25, 2008. February 6, 2008 23 19. MINUTES FROM PREVIOUS MEETINGS: 19.1 Approval of December 5, 2007 Regular Common Council Meeting Minutes – Resolution: By Alderperson Coles: Seconded by Alderperson Zumoff RESOLVED, That the minutes of the December 5, 2007 Regular Common Council Meeting be approved with noted corrections. Ayes (9) Coles, Dotson, Rosario, Clairborne, Zumoff, Tomlan, Myrick, Cogan, Korherr Nays (0) Abstentions (1) Schuler Carried 19.2 Approval of January 1, 2008 Special Common Council Meeting Minutes – Resolution: By Alderperson Coles: Seconded by Alderperson Zumoff RESOLVED, That the minutes of the January 1, 2008 Special Common Council Meeting be approved with noted corrections. Ayes (9) Coles, Dotson, Rosario, Clairborne, Zumoff, Tomlan, Myrick, Cogan, Korherr Nays (0) Abstentions (1) Schuler Carried 19.3 Approval of January 2, 2008 Regular Common Council Meeting Minutes – Resolution: By Alderperson Coles: Seconded by Alderperson Zumoff RESOLVED, That the minutes of the January 2, 2008 Regular Common Council Meeting Minutes be approved with noted corrections. Carried Unanimously 20. EXECUTIVE SESSION: 20.1 Motion to Enter into Executive Session to Discuss a Matter of Pending Litigation By Alderperson Cogan: Seconded by Alderperson Schuler RESOLVED, That Common Council enter into executive session to discuss a matter of pending litigation. Carried Unanimously Reconvene: Common Council reconvened into regular session with no formal action taken. ADJOURNMENT: On a motion the meeting adjourned at 11:35 p.m. ______________________________ _______________________________ Julie Conley Holcomb, CMC Carolyn K. Peterson, City Clerk Mayor