HomeMy WebLinkAboutMN-CC-2008-05-07COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 7:00 p.m. May 7, 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
Superintendent of Public Works – Gray
Human Resources Director – Michell-Nunn
Acting Police Chief – Vallely
Asst. Supt. of Streets & Facilities - Ferrel
PLEDGE OF ALLEGIANCE:
Mayor Peterson led all present in the Pledge of Allegiance to the American Flag.
ADDITIONS TO OR DELETIONS FROM THE AGENDA:
City Administration Committee:
Alderperson Coles requested the acceptance of a Substitute Resolution for Item 9.6
entitled Department of Public Works – Request to Amend Budget and Capital Projects
for Equipment – Resolution. She further requested that Item 9.1 entitled Common
Council – Call for Talks to Begin as Early as Possible Between the Chinese
Government and His Holiness the Dalai Lama to Discuss Ending the Repression of
Tibetan Demonstrations – Resolution be moved up on the agenda.
No Council member objected.
Community & Organizational Issues Committee:
Alderperson Coles requested the addition of Item 13.1 Possible Motion to Enter into
Executive Session to Discuss Collective Bargaining – Resolution.
No Council member objected.
PROCLAMATIONS/AWARDS:
Mayor Peterson proclaimed May 2008 as Mental Health Awareness Month in the City of
Ithaca.
Mayor Peterson proclaimed April 25, 2008 as Arbor Day in the City of Ithaca.
Alderperson Clairborne arrived at 7:10 p.m.
Mayor Peterson presented the Ithaca Police Department A-Line Platoon with the
Quarterly Employee Recognition Award for their quick actions during the January 30,
2008 Spencer Street fire that saved lives and property while Ithaca Fire Department
was in route to the scene.
SPECIAL PRESENTATIONS BEFORE COUNCIL:
Herb Engman, Town of Ithaca Supervisor, reported on the following:
The Town of Ithaca is considering the creation of an Eruv which is a symbolic placing of
a border that would allow Orthodox Jews to leave their homes on the Sabbath and do
things that their religion would not otherwise allow them to do.
The Town of Ithaca is considering placing further restrictions on sex offenders. The
Town Clerk is researching the issue to find model legislation that other municipalities
have enacted.
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Residential Wind Energy – The Town is currently receiving feedback on a survey it sent
out to residents regarding residential wind energy and has draft legislation nearly
complete.
The Town is considering sending a survey out to all of the Town residents regarding the
comprehensive plan. This is one area where the Town and City could work together on
issues that are applicable across borders. The Town hopes that representatives of the
City will participate in the Town’s comprehensive plan committee and similarly that
Town representatives will be able to participate in the City’s comprehensive plan
committee.
Alderperson Myrick arrived at 7:35 p.m.
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
Joel Harlan, Town of Newfield, voiced concern regarding the death rates caused by
guns in the United States.
Shirley Egan, Cornell University Counsel, provided a brief history of the University
Avenue issue and the proposed Memorandum of Understanding.
Wayne Gottlieb, Town of Dryden, voiced his support for the proposed bicycle plan
implementation and stated that May 16, 2008 is Bike to Work Day.
Susan Schwartz, City of Ithaca, addressed Council to request an update about the
Water Treatment Plant scoping; other uses of the water treatment plant, and
construction vehicles and city vehicles that park in inappropriate areas.
D.D., City of Ithaca, addressed Council to thank them for their support of Tibet and
encouraged continued dialog with representatives in Washington, D.C. regarding
conditions in Tibet.
Fay Gougakis, City of Ithaca, addressed Council to urge them to vote for the proposed
resolution regarding support of Tibet. She noted that the Tibetan flag is now flying on
The Commons. She voiced concern regarding bicycle safety on City streets and use of
cell phones.
Michael Porch, spoke in favor of the proposed resolution in support of Tibet.
The following people addressed Council in support of the proposed bicycle plan
implementation:
Andrejs Ozolins
Christine Porter
Wendy Skinner
Rick Manning
Matthew Freedman
David Geraghty
David Kay
PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR:
Alderperson Tomlan thanked everyone for coming out to speak. She stated that she
would be very interested in seeing how the bicycle “sharrows” will work on city streets.
She further noted that City Historic Planner Chatterton had submitted a “Laurel” to The
Ithaca Journal thanking the volunteers who worked on the Cascadilla Boat House
stabilization project. She wanted to ensure that Ms. Chatterton was recognized for her
role in the project as well.
Alderperson Coles responded to comments made regarding the status of the Water
Treatment plant. She explained that the environmental study is still in progress. Mayor
Peterson stated that the draft Environmental Impact statement was delivered to the
Acting Planning & Development Director and Supt. of Public Works on Monday, May 5,
2008.
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Alderperson Zumoff clarified that Common Council is not approving a bicycle plan.
They are simply considering two bicycle routes.
Alderperson Dotson thanked everyone for coming to speak about the Tibetan issue and
the bicycle plan.
Mayor Peterson reported that the recent cyclone in Myanmar has caused an estimated
100,000 deaths. She asked everyone to monitor the event carefully, help out where
they can, and keep the Burmese people in their hearts and thoughts.
8. CONSENT AGENDA ITEMS:
City Administration Committee:
8.1 Police Department - Amendment to Personnel Roster - Resolution
By Alderperson Zumoff: Seconded by Alderperson Schuler
WHEREAS, three current Ithaca Police Department (IPD) officers are in the process of
transferring to the State Court System, and
WHEREAS, the State Court System is fully reimbursing the City of Ithaca for the cost of
these officers, and
WHEREAS, it is anticipated that these officers will be permanently transferred to the
State Court System during 2008, and
WHEREAS, the Ithaca Police Department wishes to fill the vacancies that will be
created by the transfers immediately, so as to enable the new officers to attend the
police academy that begins on June 1, 2008; now, therefore be it
RESOLVED, That Common Council hereby authorizes the addition of three (3) Police
Officer positions to the Ithaca Police Department personnel roster, effective
immediately, and be it further
RESOLVED, That the three Police Officer positions that have been filled by the officers
who are being transferred to the State Court System shall be abolished immediately
upon said transfers, and be it further
RESOLVED, That funds necessary to accomplish this in 2008 will be derived from
existing appropriations in the 2008 budget.
Carried 9-0
(Alderperson Cogan absent from vote)
8.2 Youth Bureau - Request for Amendment to 2008 Budget and Personnel
Roster - Resolution
By Alderperson Zumoff: Seconded by Alderperson Schuler
WHEREAS, the Ithaca Youth Bureau has requested permission to amend the 2008
budget and personnel roster, increasing the hours of a Specialist in Recreation for
Individuals with Disabilities from 17.5 hours per week to 35 hours per week, and
WHEREAS this will enable the Youth Bureau to provide additional respite/recreational
camp mainstreaming opportunities for area families and additional after school/inclusive
youth recreation opportunities, and
WHEREAS, the Ithaca Youth Bureau can make the needed changes within the 2008
approved budget without requesting additional city funding due to an increase in funding
from the NY State Office of Mental Retardation and Developmental Disabilities; now,
therefore, be it
RESOLVED, That Common Council hereby amends the 2008 Youth Bureau budget
and roster as follows:
Increase Revenue Accounts
A7310-3820-1601 State Aid RMS $4,409
A7310-3820-1600 State Aid RMS $6,892
$11,301
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Increase Appropriation Accounts
A7310-5120-1601 Hourly P/T $9,914
A7310-9030 FICA/Medicare $758
A7310-9040 Workers’ Comp $629
$11,301
Increase the hours of one Specialist in Recreation for Individuals with Disabilities from
17.5 hours per week to 35 hours per week effective July 7, 2008.
Carried 9-0
(Alderperson Cogan absent from vote)
8.3. Youth Bureau - Request for Amendment to Personnel Roster - Resolution
By Alderperson Zumoff: Seconded by Alderperson Schuler
WHEREAS, the Ithaca Youth Bureau has requested permission to reorganize the
maintenance staffing configuration at Cass Park in order to assure a smooth transition
after a recent retirement, and
WHEREAS, this will enable the Youth Bureau to manage most efficiently the current
workload at no additional cost to the City, and
WHEREAS, the Youth Bureau has worked closely with the HR Department and the
Department of Public Works on this succession planning; now, therefore, be it
RESOLVED, That Common Council hereby amends the 2008 Youth Bureau Roster as
follows:
Add: One (1) full time Recreation Facility Maintainer,
One (1) full time Recreation Facility Maintenance Worker
Delete: One (1) full time Recreation Facility Maintainer from the DPW roster
Freeze the full time Recreation Facility Maintainer position in an unfunded
capacity, conterminously with the filling of the Recreation Facility Maintenance
Worker position.
and be it further
RESOLVED, That funds necessary for said Roster Amendment shall be derived from
the existing 2008 Youth Bureau budget.
Carried 9-0
(Alderperson Cogan absent from vote)
8.4. Department of Public Works - Request to Reduce Parking Lot Attendant Shift
Hours - Resolution
By Alderperson Zumoff: Seconded by Alderperson Schuler
WHEREAS, the Department of Public Works has reviewed staffing in the downtown
garages, and
WHEREAS, an evening Parking Lot Attendant eight hour shift is currently vacant, and
WHEREAS, a Working Supervisor was hired in the spring of 2007 and assumed many
of the duties previously assigned to the Parking Lot Attendant; now therefore be it
RESOLVED, That Common Council hereby amends the 2008 Authorized DPW
Personnel Roster as follows:
The evening Parking Lot Attendant position’s hours be reduced from full time to a
part time, four hour per day shift, to allow collection of revenue during the posted
collection hours.
Carried 9-0
(Alderperson Cogan absent from vote)
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8.5. Department of Public Works - Request to Amend Personnel Roster -
Resolution
By Alderperson Zumoff: Seconded by Alderperson Schuler
WHEREAS, the Office of City Engineer requires the services of a Civil Engineer in the
execution of the City’s Capital Improvements Program, and
WHEREAS, the roster of the Office of City Engineer has one Assistant City Engineer
position which is currently vacant, and
WHEREAS, The Human Resources Department and the Civil Service Commission
have reviewed and approved the job description and the New Position Duties
Statements for title of Civil Engineer; now therefore be it
RESOLVED, That Common Council hereby amends the authorized personnel roster as
follows:
Add: (1) One Civil Engineer
Delete: (1) One Assistant City Engineer
and, be it further
RESOLVED, That funding for said roster amendment shall be derived with existing
2008 DPW - City Engineer authorized budget and existing authorized Capital Projects;
and be it further
RESOLVED, That this position shall be contingent upon continued funding of applicable
authorized Capital Projects.
Carried 9-0
(Alderperson Cogan absent from vote)
8.6. Attorney’s Office - Request to Transfer Funds to Cover Settlement Agreement
Cost - Resolution
By Alderperson Zumoff: Seconded by Alderperson Schuler
WHEREAS, the City and its Insurance Carrier were able to come to terms on a recent
lawsuit, Midura v. City of Ithaca for collapse of the stone retaining wall in Cascadilla
Creek, and
WHEREAS, the cost to settle the lawsuit is $71,400 to be split, $35,700 each, between
the City and St. Paul Mercury Insurance and
WHEREAS, the existing budget for payment of judgments and claims is not sufficient to
cover said lawsuit; now, therefore be it
RESOLVED, That Common Council hereby approves the following transfers for
payment of said settlement agreement:
Transfer from Account:
A3510-5435 $21,500
A1990 Unrestricted Contingency $9,200
$30,700
Transfer an amount not to exceed $30,700 to Account A1930-5000 Judgments
and claims
Carried 9-0
(Alderperson Cogan absent from vote)
Planning & Economic Development Committee:
8.7 Shift of Operations into the Tompkins County Empire Zone – Resolution
By Alderperson Zumoff: Seconded by Alderperson Schuler
WHEREAS, Singlebrook Technology, Inc., a custom web programming business,
operated as a home occupation at 433 W. Buffalo Street in Ithaca in 2006 and 2007, a
location outside the Tompkins County Empire Zone, and
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WHEREAS, Singlebrook Technology, Inc. hired one employee in 2006 and a second in
2007, and
WHEREAS, The company anticipates hiring two more employees in 2008, requiring the
business to relocate as a result of increasing space needs and local regulations limiting
the number of non-residents that can be employed in a home occupation, and
WHEREAS, Singlebrook Technology, Inc. relocated to offices located at 516 W. State
Street in the Tompkins County Empire Zone in March 2008, and
WHEREAS, Singlebrook Technology, Inc. submitted an application for Certification in the
Tompkins County Empire Zone Program, and
WHEREAS, a ‘shift of operations’ from a location within New York state into an Empire
Zone requires approval by the municipality in which it is moving from; now, therefore, be it
RESOLVED, That the City of Ithaca Common Council consents to the relocation of
Singlebrook Technology, Inc., previously operating as a home occupation at a residence
located at 433 W. Buffalo Street to offices located at 516 W. State Street in the Tompkins
County Empire Zone.
Carried 9-0
Alderperson Cogan absent from vote
9. CITY ADMINISTRATION COMMITTEE:
9.1. Common Council - Call for Talks to Begin as Early as Possible Between the
Chinese Government and His Holiness the Dalai Lama to Discuss Ending the
Repression of Tibetan Demonstrations - Resolution
By Alderperson Coles: Seconded by Alderperson Cogan
WHEREAS, Ithaca is both the North American seat of His Holiness the Dalai Lama’s
personal monastery, Namgyal Monastery Institute of Buddhist Studies, the only branch
outside India, as well as the home to many resettled Tibetan refugees and the Tibetan
Association of Ithaca who contribute to the multicultural environment of our City, and
WHEREAS, this resolution is based on Speaker Pelosi’s House Resolution 1077 which
she introduced after having visited the Dalai Lama along with other members of a
congressional delegation, and
WHEREAS, Tibetan Buddhist monks and nuns in and around Lhasa, Tibet were
blocked by Chinese authorities from staging peaceful demonstration on an anniversary
of critical importance to the Tibetan people, and
WHEREAS, protests by Tibetans spread inside the Tibet Autonomous Region and other
Tibetan areas of China, and
WHEREAS. resentment of the Chinese Government by the Tibetan people has
increased sharply since 2005 as a result of Chinese policies, laws, and regulations that
have reduced economic opportunities of Tibetans and severely eroded the ability of
Tibetans to preserve their distinctive language and culture, and religious identity, and
WHEREAS, the response by the Chinese Government to the Tibetan protests was
disproportionate and extreme, reportedly resulting in many deaths and the detention of
many hundreds of Tibetans, and
WHEREAS, His Holiness the Dalai Lama has used his leadership to promote peace for
the Tibetan people through a negotiated settlement of the Tibet issue, based on
autonomy within the context of China, and
WHEREAS, the Dalai Lama was recognized for his contribution to world peace when he
received the Nobel Peace Prize in 1989, and
WHEREAS, the Chinese Government has impeded the access of international
journalists to Tibetan areas of China and distorted reports of events surrounding the
Tibetan protests, now, therefore, be it
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RESOLVED, That the Mayor and the Common Council of the City of Ithaca, New York
call upon the Government of the People’s Republic of China to end its crackdown on
nonviolent Tibetan protestors, its intensive patriotic education campaign, and its
continuing cultural, religious, economic and linguistic repression inside Tibet, and, be it
further
RESOLVED, That the Mayor and the Common Council of the City of Ithaca, New York
call upon the Chinese Government to begin a results-based dialogue directly with His
Holiness the Dalai Lama to address the legitimate grievances of the Tibetan people and
provide for a long-term solution that respects the human rights and dignity of every
Tibetan, and, be it further
RESOLVED, That the Mayor and the Common Council of the City of Ithaca, New York
call upon the Chinese Government to allow independent international monitors and
journalists to all Tibetan areas of China for the purpose of monitoring and documenting
events surrounding the Tibetan protests and to verify that those individuals injured
receive adequate medical care, and, be it further
RESOLVED, That the Mayor and the Common Council of the City of Ithaca, New York
call upon the Chinese Government to release immediately all Tibetans who are
imprisoned for nonviolent opposition to Chinese policies in Tibet, and, be it further
RESOLVED, That copies of this resolution be sent to Senators Charles Schumer and
Hillary Clinton, Congressman Maurice Hinchey, Congresswoman Nancy Pelosi and
President George W. Bush.
Alderperson Coles thanked the Tibetan community for their help in drafting the
proposed legislation. She thanked Alderpersons Cogan and Korherr for raising her
awareness of this issue and for their help with gathering information for the resolution.
She stated that it is imperative that the City voice its opinion on national issues.
Alderperson Rosario stated that he supports the resolution and appreciates the first
Whereas clause that defines Ithaca’s special relationship to the Tibetan people. He
further explained that he has a concern with addressing the Chinese government
directly because it might be beyond the scope of Common Council’s authority. He
stated that he would rather see the statement that Common Council is “urging” the
Chinese Government rather than “telling” it what to do.
Alderperson Cogan thanked Alderperson Coles for doing the work on this resolution.
He stated that it is worth thinking about the concerns raised by Alderperson Rosario
when drafting future resolutions.
Mayor Peterson explained that she is not allowed to vote on this resolution but wants to
voice her support for it.
A Vote on the Resolution resulted as follows:
Carried Unanimously
9.2. Department of Public Works - Clarification of Bicycle Plan Capital Project
#325 - Resolution
By Alderperson Coles: Seconded by Alderperson Dotson
WHEREAS, the Common Council originally authorized a Bicycle Master Plan Capital
Project in the amount of $80,000 in 1996, and
WHEREAS, the Common Council re-authorized the Capital Project in August 6, 2003 in
the amount of $100,000 with the understanding that 80% of the project costs would be
reimbursed with federal funds, and
WHEREAS, the City’s Bicycle Master Plan was completed at a cost of $20,000, for
which 80% or $16,000 was received in federal reimbursement, and
WHEREAS, on August 15, 2007, City staff submitted a draft design report to the New
York State Department of Transportation (NYSDOT) in order to proceed with a bicycle
May 7, 2008
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project in accordance with the Procedures for the Local Administration of Federal-Aid
Projects, and
WHEREAS, City staff is being told by NYSDOT staff that only $31,310 of federal
funding is available for a total project cost of $39,138, and
WHEREAS, this is not enough money to complete the project submitted in August 2007
to NYSDOT, and
WHEREAS, Common Council still desires to advance the above project by expending
the previously authorized Capital Project, and
WHEREAS, the funds had been previously authorized and issued; now, therefore be it
RESOLVED, That Capital Project # 325 is hereby re-authorized in the amount not to
exceed $50,000, for the purposes of implementing parts of the Bicycle Plan as
managed by the Department of Public Works, and be it further
RESOLVED, Common Council understands that the City of Ithaca shall bear the full
cost of the project, not to exceed $50,000.
Alderperson Coles explained that the City Administration Committee is aware that this
amount of funding includes markings for two bicycle routes: the Cayuga Street route
and the East State Street route. She stated that staff recommended that the City
undertake this project during the 2008 construction season to save money.
Alderperson Zumoff stated that he supports bicycling but can’t support this resolution as
it is too much money to spend given the current economic situation, for the few people
that would benefit from it.
Alderperson Korherr stated that she strongly supports the resolution as it is money well
spent. She further stated that this initiative works towards the goal of reducing green
house gas emissions, and she believes that the East State Street corridor would be
more heavily used if this project was completed. Alderperson Korherr thanked
Transportation Engineer Logue for proposing a way that the City could save $30,000 on
the cost of this project.
Alderperson Dotson stated that she strongly supports this resolution and noted that
bicycling is the most under utilized method of multi-modal transportation. She further
stated that a recent study undertaken in Portland, Oregon shows that the development
of bicycling facilities encourages more people to use bicycles.
Alderperson Rosario stated that he supports the implementation of a comprehensive
bike plan. He stated that he would like to see the available data on bicycle usage on
East State Street to determine how many people would benefit from this project. He
further questioned whether more people would be served by the reduction of green
house gas emissions if this money were allocated to TCAT instead. Alderperson
Korherr responded that the Bicycle Pedestrian Advisory Council has data on local
bicycle traffic.
Alderperson Schuler voiced concerns regarding bicycle safety issues on East State
Street. She stated that she supports the creation of safe bicycle routes.
Alderperson Tomlan stated that she encourages safe bicycling in the City. She further
stated that she is concerned about additional funding being added to projects given the
City’s current debt level.
Alderperson Coles stated that she is concerned about the cost of budget overruns for
various City projects and noted that the City Administration Committee reduced the
funding amount for this project from $80,000 to $50,000.
Bicycle/Pedestrian Advisory Council representative David Kay explained that decades
of work and recommendations have been compiled and that this initiative comes up
against dead ends time after time. He further explained that the Bike Plan was adopted
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as part of the City’s Comprehensive Plan, and that the East State Street sharrows were
a compromise from other ideas that were not supported.
Alderperson Zumoff asked staff to define the word “sharrows”. Traffic Engineering Aide
Kent Johnson explained that sharrows are shared lane markings that provide cost
effective improvements to reduce vehicle/bicycle conflicts.
Alderperson Dotson stated that there should be a balance in the investment to the City’s
infrastructure. She noted that not much has been invested in bicycle improvements
versus millions of dollars invested in streets for vehicles and mass transit, as well as
sidewalk improvements for pedestrians.
Alderperson Schuler asked if emergency response agencies had provided feedback on
this project, especially East State Street. Traffic Engineering Aide Johnson responded
that emergency response agencies and TCAT have been contacted especially
regarding turning maneuvers, and their safety concerns have been addressed.
Ayes (9) Coles, Dotson, Rosario, Clairborne, Tomlan, Myrick, Schuler
Cogan, Korherr
Nays (1) Zumoff
Abstentions (0)
Carried
9.3. Department of Public Works - Transfer of IPD/Court Maintenance and
Custodial Services to Department of Public Works - Resolution
By Alderperson Coles: Seconded by Alderperson Schuler
WHEREAS, the NYS District Court has requested the maintenance and custodial
service of the Court Building become the responsibility of the Department of Public
Works, and
WHEREAS, the Acting Police Chief and the Deputy Police Chief have requested the
responsibilities for the maintenance and custodial work of the Ithaca Police Building be
returned to Public Works, and
WHEREAS, the Department of Public Works has reviewed the current staffing for
custodial and maintenance service and analyzed the basic requirements to maintain
properly the two facilities; now there be it
RESOLVED, That the four Custodial Worker titles assigned to the Police Department be
transferred to Public Works by deleting the titles from the Police Department authorized
roster and adding them to the Department of Public Works roster, and be it further
RESOLVED, That one Custodial Worker title be upgraded to the title of Custodian to
complete the process initiated by the Police Department, and be it further
RESOLVED, That one Custodial Worker title be upgraded to the title of Building and
Grounds Maintainer, and be it further
RESOLVED, That a new position of Working Supervisor – Buildings and Grounds be
authorized with 2008 funding being available within the Streets and Facilities budget
from funded but still vacant positions, and be it further
RESOLVED, That the above transfers including the position upgrades and the new
position be effective June 30, 2008, an be it further
RESOLVED, That the Controller is authorized to transfer the required funds for
wages and maintenance requirements from the Police Department Budget line items
to appropriate DPW building accounts.
Mayor Peterson explained that the court system reimburses the City $60,000 per
year for maintenance services. A vote on the Resolution resulted as follows:
Carried Unanimously
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9.4. Department of Public Works - Request for Funding for City Hall Door
Replacements - Resolution
By Alderperson Coles: Seconded by Alderperson Zumoff
WHEREAS, the last fire inspection of City Hall found several doors, which do not meet
current fire codes, and
WHEREAS, the Department of Public Works staff has inspected the doors and
prepared estimates for replacements and repairs to allow the doors to meet fire codes;
now therefore be it
RESOLVED, That funding in the amount of $15,000 be authorized from contingency
funds for repair and replacement of these fire doors in the City Hall building, and be it
further
RESOLVED, That Common Council hereby transfers an amount not to exceed $15,000
from A1990 unrestricted Contingency to Account A5489 City Hall Building for the
purposes of repairs and replacement of the fire doors in City Hall.
Carried Unanimously
9.5. Department of Public Works - Request to Amend Capital Project for
Miscellaneous Plant Improvements at the Ithaca Area Wastewater Treatment
Plant Capital Project #416J - Resolution
By Alderperson Coles: Seconded by Alderperson Cogan
WHEREAS, at its regular meeting on December 5, 2007, Common Council approved
an amended Capital Project #416J Miscellaneous Ithaca Area Wastewater Treatment
Plant (IAWWTP) in the amount of $1,374,000, and
WHEREAS, on April 9, 2008, at the request of the SJC, staff, in association with the
Plant’s consulting engineers, Stearn’s & Wheler, LLC prepared a revised estimate for
the project based on completed design documents, as well as the 2008 cost
estimates for materials, engineering, and labor necessary to accomplish the
miscellaneous plant improvements to be $1,504,950, and
WHEREAS, the allocation of costs for said project shall be as follows:
Roof Leaks at Skylights (Roof Replacement) $440,000
Digester Brick Repair (Digester Cladding) $200,000
Concrete Deterioration (ASR Treatment) $176,000
Concrete Deterioration Cracks & Leaks (Crack repair) $264,000
Miscellaneous Structural Repairs (Entrance Structure Anchors)$38,500
Concrete Deck Water Proofing (Walkway Resurfacing) $176,000
Contingency, Legal, Administrative, Engineers $210,450
(includes $81,040 for engineer’s study, cost __________
analysis and reporting) $1,504,950
(item names in parentheses provide for cross-reference to the names used for these
same projects in the revised/updated project estimate 4/14/08 by S&W)
and,
WHEREAS, IAWWTP staff are recommending that the $130,950 amendment be
approved; now, therefore be it
RESOLVED, That Common Council hereby recommends an amendment to Capital
Project #416J Miscellaneous IAWWTP Improvements in an amount not to exceed
$130,950 for a total Project authorization not to exceed $1,504,950, and be it further
RESOLVED, That Common Council authorizes this project contingent upon approval
by the Special Joint Committee (SJC) and by all wastewater partners committing their
percentage of reimbursement shares to the Joint Activity Fund allocated per the Joint
Sewer Agreement as follows:
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Municipality Percentage Project Cost
City of Ithaca 57.14 $859,928
Town of Ithaca 40.88 $615,224
Town of Dryden 1.98 $29,798
$1,504,950
and, be it further
RESOLVED, That the Common Council recommends the necessary amendment
financing be done by the issuance of Serial Bonds for the entire project with
reimbursement from each partner per allocated cost.
Discussion followed on the floor regarding the cost of this project and the City’s plan
to make these improvements.
A Vote on the Resolution resulted as follows:
Carried Unanimously
9.6. Department of Public Works - Request to Amend Budget and Capital Projects
for Equipment - Resolution
By Alderperson Coles: Seconded by Alderperson Korherr
WHEREAS, the 2008 Authorized Capital Projects includes $458,000 in CP #734 for
various equipment acquisitions and $94,000 in CP #739 for a new Garbage Packer, and
WHEREAS, the acquisition cost for these vehicles on state contract has increased
significantly due to price increases for steel, emission controls and overall vehicle costs,
and
WHEREAS, staff has estimated that an additional $61,000 is needed to complete the
acquisition of a 3 yard dump truck and a garbage packer, and
WHEREAS, delaying these acquisitions would only place the DPW further behind in its
vehicle replacement schedule, and
WHEREAS, a previous authorized and funded Capital Project has remaining funds to
cover the additional cost; now, therefore be it
RESOLVED, That Common Council hereby amends Capital Projects #734 and #739 as
follows for said equipment purchases:
Amend Capital Project #734 2008 Equipment Acquisitions by an
amount not to exceed $45,000 giving a total project authorization of
$503,000
Amend Capital Project #739 Garbage Packer by an amount
not to exceed $16,000 giving a total project authorization of $110,000
and be it further
RESOLVED, That the additional $61,000 in funds needed for said amendments be
transferred from existing funds in Capital Project #712 2007 Equipment Acquisitions to
said amended Capital Projects.
Carried Unanimously
9.7 Common Council - Support of the Council of Governments’ Review of Health
Benefits for New York State Shared Municipal Services Program - Resolution
By Alderperson Coles: Seconded by Alderperson Dotson
WHEREAS, the City of Ithaca joined the Tompkins County Council of Governments
(TCCOG), and
WHEREAS, in 2007, the County, on behalf of TCCOG, accepted an incentive grant
award under the New York State Shared Municipal Services Program,
WHEREAS, the grant will assist the municipalities in Tompkins County in creating a
local health care consortium, and
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WHEREAS, the health care consortium will seek to develop health benefits coverage for
all municipalities with the intent of providing a net savings to the taxpayers of Tompkins
County; now therefore be it
RESOLVED, On recommendation of the Common Council, that the Mayor is authorized
to execute an inter-municipal agreement with TCCOG members to participate in the
review of the development of the health benefits consortium, and be it further
RESOLVED, That the City of Ithaca understands that upon a complete review and plan
design of a health benefits program, the City will have the option of joining a health
benefits consortium that would require the City to sign another inter-municipal
agreement.
Carried Unanimously
9.8 Recommended Steps Toward Financial Sustainability for Mutual Housing
Association of Tompkins County - Resolution
By Alderperson Coles: Seconded by Alderperson Korherr
WHEREAS, the Mutual Housing Association of Tompkins County (MHATC) requested
that the City of Ithaca grant a partial exemption from property taxes for the MHATC
residential property in the Northside neighborhood; and
WHEREAS, on February 13, 2008, Common Council determined that the continued
availability and affordability of the housing provided by MHATC is beneficial to and in
the best interests of the public and the city, and therefore granted the requested
exemption, for a period of two years (i.e., until 2010); and
WHEREAS, MHATC is eligible for continuation of such exemption until 2014, at the
discretion of Common Council; and
WHEREAS, at the time it granted this two-year exemption, Common Council was aware
of certain financial challenges faced by MHATC, and expressed a desire to be of
assistance to MHATC in addressing those issues; and
WHEREAS, in granting the two-year exemption, Council made it subject to MHATC’s
taking “certain steps…to enhance the long-term financial viability of MHATC,” which
steps were to include “engage the National Development Council for assistance in a
financial and planning effort, including the critiquing and refining of MHATC’s financial
plan,” and indicated that any extension of the exemption beyond 2010 would depend
upon MHATC having established its longer-term financial viability prior to that point; now
therefore be it
RESOLVED, That the Common Council hereby reaffirms its intention to support the
board of directors of the Mutual Housing Association of Tompkins County in creating
and implementing a plan that better stabilizes MHATC for the near future, and sets it on
the path toward financial sustainability; and be it further
RESOLVED, That the Council recommends that the MHATC board take the following
steps, in order to maximize MHATC’s chances of achieving sustainability and receiving
an extension of the property tax exemption:
1. Following the receipt of 2007 MHATC financial audit and tax returns –
anticipated by April 2008 – assemble an “MHA Sustainability Planning Team” selected
to provide feedback on the same and an objective assessment of MHATC’s needs, and
to work on a financial plan for MHATC, thereby allowing the team to carry out its work
with an objective assessment of the association’s needs.
It is suggested that the MHA Sustainability Planning Team include members
from:
United Way of Tompkins County
Sprague & Janowsky
Human Service Coalition
Ithaca Urban Renewal Agency
May 7, 2008
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Ithaca Housing Authority
Doug Dylla Consulting, LLC
Herb Dwyer, NYS Licensed Real Estate Associate Broker
Representative(s) of MHATC
Available as a resource to the team:
City of Ithaca Department of Planning and Development
Alternatives Federal Credit Union
National Development Council
2. Have this team, including MHATC board representatives, appear before the
City Administration Committee, in approximately 6 and 12 months after starting its work
for a progress report and to share the plan created; it is suggested that this report:
characterize the relationship experienced in working with the association
articulate the progress to date that demonstrates the plan’s potential success
provide MHATC board’s assessment of the team’s evaluation of the audit and
tax returns, and the proposed plan, and indicate to what degree the board has
agreed to follow the team’s recommendations.
Topics to cover should be inclusive of, but not limited to:
Analyzing existing financial conditions
PILOT vs. regular property tax payments
An examination of the application of rates and fees plus their administration
Practical definition of “affordable housing”
The potential of expansion
Strategies to achieve financial stability
Alderperson Clairborne disclosed that he has a relative that lives in a Mutual Housing
property but there would not be any benefits received that everyone else doesn’t
receive so there is no conflict of interest.
A vote on the Resolution resulted as follows:
Carried Unanimously
14. INDIVIDUAL MEMBER – FILED RESOLUTIONS:
14.1 Approval of Memorandum of Understanding Between the City of Ithaca and
Cornell University Regarding a Portion of University Avenue
By Alderperson Cogan: Seconded by Alderperson Korherr
WHEREAS, New York’s General City Law, Section 20(7), grants to cities the authority
“to lay out, establish, construct, maintain, operate, alter and discontinue streets;” and
WHEREAS, the Charter of the City of Ithaca (in Section C-71) grants to the City’s Board
of Public Works the authority to “lay out, alter, discontinue, regulate, straighten, widen,
pave, curb, clean and sprinkle the streets, highways, bridges and crosswalks,” and (in
Section C-61), provides that the Board shall “have control” of the City department
pertaining to “Streets and Sidewalks” and its property, albeit “subject to the limitations
herein contained and the direction and review of the Common Council;” and
WHEREAS, a certain public street or highway, known as University Avenue, is
contained within the boundaries of the City and runs, in part, through or past lands
owned by Cornell University; and
WHEREAS, representatives of the City and Cornell have been engaged in discussions
from time to time for many years without reaching a definitive conclusion about the
nature and extent of the public right-of-way over University Avenue, as well as the
responsibility for proper upkeep of the street (which is now in need of substantial
reconstruction and improvement); and
WHEREAS, as a means of resolving this situation, Cornell has offered to assume sole
responsibility for rebuilding that portion of University Avenue between the Thurston
Avenue/East Avenue/Forest Home Drive intersection and the intersection of University
May 7, 2008
14
Avenue with the westerly boundary line of Chi Psi Fraternity, to mutually acceptable
standards, and to keep the street open permanently, for use by the public, in exchange
for the City’s discontinuance of that portion of the street as a public street and
conveyance of its property interest therein to Cornell; and
WHEREAS, the parties acknowledge that it would be in the interest of the public health,
safety and welfare to resolve the parties’ on-going discussion about University Avenue,
to have the condition of the above-referenced portion of University Avenue improved, to
have a bicycle lane added to the upgraded portion of University Avenue where space
permits, and to facilitate the provision of certain other enhancements to the improved
portion of University Avenue; and
WHEREAS, it appears that the proposed discontinuance of a portion of University
Avenue as a City street, together with the proposed Agreement between the City and
Cornell University regarding the reconstruction of the street, its future maintenance, and
the right of the public to continue to use it, are matters that should properly require the
review and approval of both the Board of Public Works and the Common Council; and
WHEREAS, on April 9, 2008, the Board of Public Works (by a vote of 5-0, with one
member absent) endorsed the proposed Memorandum of Understanding (in the form
set forth below) “as a means of bringing a specific, proposed arrangement regarding a
portion of University Avenue before the public and for consideration and timely decision-
making thereon by both the Board and the Common Council;” now therefore be it
RESOLVED, That, upon the advice of the City Attorney, the Mayor be and hereby is
authorized and directed to enter into a Memorandum of Understanding between the City
of Ithaca and Cornell University, substantively as follows, and to schedule the public
informational meeting and public hearing called for therein:
Alderperson Rosario explained that he would recuse himself and abstain from the vote
referencing the City’s Code of Ethics regarding avoiding the perception of conflicts of
interest. He disclosed that his office, Alumni Affairs and Development, worked on the
Milstein Hall project and even though it has been stated that there is no connection
between University Avenue and that project, the public perception is that there is. He
stated that he would vote on Cornell matters in the future.
Alderperson Korherr stated that it is a travesty that the City failed to maintain its
infrastructure in this way. She asked why TIP funding wasn’t used to make
improvements and stated that the public should have been engaged earlier in the
process, and that she wished that the public had a stronger voice in this matter.
Alderperson Schuler stated that there has been discussion of a long-term transfer of
property as opposed to a permanent one. She is opposed to the term “generally open
to the public”. She stated that the University has volunteered to pay for the road and
wondered if it could be a Payment in Lieu of Taxes (PILOT) instead of taking ownership
of the street.
City Attorney Hoffman responded that the term “generally open to the public” is in the
Memorandum of Understanding as that is the case with any city street. There are times
when construction, special events, traffic accidents, etc. may require a temporary
closure of the street.
Alderperson Coles stated that the Board of Public Works has discussed this issue in
public meetings for months with very little public participation.
Alderperson Korherr stated that she is not worried about the maintenance of the road
but she is concerned about emergency response access especially if a building is built
over the street in the future.
City Attorney Hoffman explained that the Police and Fire departments have been
included in discussions with Cornell University on this topic. He clarified that the vote
tonight is just to enter into negotiation with Cornell University regarding the legal
agreement concerning the discontinuance of University Avenue. He stated that the City
would continue to meet with stakeholders and receive public comment.
May 7, 2008
15
Alderperson Zumoff stated that Common Council should not have the perception that
this issue is connected to Milstein Hall because there is no connection.
Alderperson Schuler asked why the project is stopping in the middle of the hill.
Mayor Peterson responded that section is private property and not owned by the
University, although a separate agreement may be able to be negotiated.
Alderperson Tomlan stated that she would not support the Resolution. She explained
that the Forest Home Drive and Thurston Avenue bridge improvements were paid for by
public dollars and in this proposal they would only lead to private roads as everything
between Stewart Avenue and Thurston Avenue would become private property.
Alderperson Dotson stated that this is a difficult issue that involves easement by user,
which changes the legal details. She stated that she sees the value in reconstructing
the road but is not completely comfortable with the concepts being discussed.
Mayor Peterson explained that a lot of work still lays ahead on this issue.
A Vote on the Resolution resulted as follows:
Ayes (7) Coles, Dotson, Clairborne, Zumoff, Myrick, Cogan, Korherr
Nays (2) Tomlan, Schuler
Abstentions (1) Rosario
Carried
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF ITHACA AND CORNELL UNIVERSITY
REGARDING A PORTION OF UNIVERSITY AVENUE
THIS MEMORANDUM OF UNDERSTANDING (“MOU”) is made the ___ day of
_______________, 2008, by and between the City of Ithaca, a New York municipal
corporation, with offices at City Hall, 108 East Green Street, Ithaca, New York, 14850
(hereinafter, “City”) and Cornell University, a New York education corporation, with
offices at 317 Day Hall, East Avenue, Cornell University, Ithaca, New York, 14853
(hereinafter, “Cornell”);
INTENTION: It is the intention of the parties to this MOU, namely, the City of Ithaca,
New York and Cornell University, to find a timely, mutually acceptable solution to the
long-standing issues posed by a portion of University Avenue that runs through the
Cornell campus. The portion is described as running between the Thurston
Avenue/East Avenue/Forest Home Drive intersection and the intersection of University
Avenue with the westerly boundary line of Chi Psi Fraternity. Toward that end, the
parties intend to explore an approach by which the City would convey its property
interest in that portion of University Avenue to Cornell, in exchange for the University’s
formal agreement to repair or rebuild the road to mutually acceptable standards, at the
University’s sole cost, and to maintain it, permanently to agreed-upon, general
standards, as a thoroughfare generally open to use by the public. The parties’ goal is
for University Avenue to be a safe, solid and attractive link in the community’s
transportation infrastructure, meeting the needs of both Cornell and the City and
relieving taxpayers of a significant financial responsibility.
THE PARTIES THEREFORE AGREE AS FOLLOWS:
1. Within four (4) weeks of the execution of this MOU, the City will initiate and then
carry out with dispatch the process that is statutorily required in order for the City to be
able to make a decision on the proposed discontinuance of a portion of University
Avenue - between East Avenue and the point (below Central Avenue) where the
property of the Chi Psi fraternity begins - as a City street. Such discontinuance would
consist of conveying the City’s property interest in that portion of the street to Cornell,
subject to the conditions and contractual agreement described below.
May 7, 2008
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2. The process of considering discontinuance will include:
a. Consideration of a proposed, binding agreement between the parties,
including the points set forth below (in paragraphs 3 and 4);
b. One or more public information meetings and a public hearing, convened
by the City, prior to a final City decision on discontinuance;
c. Environmental review of the proposed discontinuance and agreement;
d. Solicitation of the advice of the City’s Planning and Development Board on
the matter;
e. Votes by the Board of Public Works and Common Council on the
proposed discontinuance itself, and its conditions (as set forth in the
agreement).
3. Prior to any public presentation of the details of the proposed discontinuance, the
parties will establish proposed, minimum parameters for the rebuilt street, which Cornell
would agree to meet and maintain, including but not necessarily limited to:
a. The minimum unimpeded height of the travel corridor;
b. The number and width of travel lanes;
c. The addition of an uphill bicycle lane;
d. Associated curbing and sidewalk;
e. Associated curb lawn(s), if feasible;
f. Associated lighting.
g. An associated bus shelter, which Cornell would agree to allow TCAT to
maintain in the vicinity, for as long as TCAT (or its successor) wanted it to
be so maintained.
4. The proposed, written, contractual agreement between the City and Cornell (an initial
draft of which is appended hereto, for discussion purposes) will also provide for the
following:
A. City to convey its property interest in the subject portion of University
Avenue to Cornell, subject to a permanent right to be retained by City for
all existing and future reasonable underground utilities (and for any above-
ground utility involving a future, new technology that is then in use in an
above-ground form along other Cornell streets);
B. Cornell to design and implement a comprehensive repair/rebuilding of the
said portion of University Avenue, by a fixed date to be specified by the
parties, to standards at least as rigorous as those met by other, typical
University-owned streets on campus, all at Cornell’s sole cost (except for
repairs or upgrades to City utilities associated with the roadway that are
not necessitated by the work, the cost of which shall be the responsibility
of the City);
C. Cornell to comply with all applicable requirements with respect to the
design and implementation of the rebuilding of University Avenue,
including but not limited to, obtaining Site Plan Approval, and meeting the
design requirements of the Americans With Disabilities Act (ADA)
concerning curb cuts, crosswalks, and sidewalks, recognizing that the
campus as a whole is subject to the ADA and that Cornell maintains a
large ADA-compliant network that facilitates accessibility and campus
compliance when unavoidable steep grades and other site constraints are
present at individual locations.
D. Cornell, at its sole cost, to maintain the street and sidewalks to standards
at least as rigorous as those met by other, typical University-owned streets
and sidewalks on campus;
E. Cornell to retain and use the name “University Avenue” for the street;
F. Upon proper prior notice (except in the case of an emergency or other
short-term exigency when it is not feasible to give advance notice) and
with provisions for reasonable emergency vehicle access (which may be
suitable alternative access), Cornell to be entitled to close this portion of
University Avenue temporarily: (i) As required for adjacent construction,
or for street repairs or reconstruction, Cornell to take reasonable steps to
minimize the time period of any complete closure; and (ii) for special
campus events;
May 7, 2008
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G. Cornell to be entitled to establish traffic controls (but not including access-
control gates or other such barriers) for the portion of University Avenue in
question, consistent with the same authority and requirements that Cornell
is subject to for the establishment of controls over other campus roads;
H. Cornell to keep the street open permanently for generally unrestricted
public travel, subject to Paragraphs 4.F and 4.G, above;
I. The parties will choose, describe and utilize a dispute resolution
mechanism intended to address minor, operation-related disagreements
regarding compliance with the terms of the agreement, in a fair and timely
manner. With respect to any major dispute or disagreement concerning
an essential term or condition of the parties’ agreement (e.g., the
obligation to reconstruct the road or to keep it open for generally
unrestricted public travel), either party shall have the right to bring an
action in a court of law with appropriate jurisdiction;
J. The parties’ agreement will contain mutual indemnification and hold
harmless provisions regarding claims, actions, lawsuits, judgments, or
damages brought or awarded (collectively “claims”) against the
indemnified party for liability for negligence during the time the road was
owned, controlled by, or under the jurisdiction of the indemnifying party,
providing timely notice of such a claim, opportunity to control the defense,
and cooperation of the indemnified, is given; any such indemnification and
hold harmless provisions will not affect Cornell’s liability for any negligent
maintenance of the sidewalk or for any failure to make interim repairs
(after discontinuance) that may be required by the agreement;
K. Cornell will enter into a legally binding agreement, binding upon any
successor to Cornell and embodying all the covenants and conditions
agreed upon with respect to University Avenue, and either party may
record such agreement in the Tompkins County Clerk’s office;
5. It is intended that, following the completion of the steps listed in Paragraphs 2, 3, and
4, above, the Board of Public Works and Common Council will vote on the proposed
discontinuance and the accompanying agreement, by July 2008, or as soon thereafter
as possible.
6. Separate from the discontinuation process involving University Avenue, but with a
similar intention, the parties will engage in a good faith attempt to resolve the future
status of the portion of Forest Home Drive within the City.
[SIGNATURES for Cornell and City]
9.9. Attorney’s Office - Declaration of Intention to Act As Lead Agency (for
Proposed Discontinuance of a Portion of University Avenue as a City Street, in
Conjunction with the Execution of a Contractual Agreement between the City and
Cornell University Regarding the Reconstruction and Future Use of the Street) -
Resolution
By Alderperson Coles: Seconded by Alderperson Zumoff
WHEREAS, State law and Section 176-6 of the Code of the City of Ithaca require that a
lead agency be established for conducting environmental review of certain proposed
actions in accordance with local and State law; and
WHEREAS, State law specifies that for actions governed by local environmental review,
the lead agency shall be that agency which has primary responsibility for approving,
funding or carrying out the action; and
WHEREAS, the proposal that the City of Ithaca discontinue a portion of University
Avenue which passes through the campus of Cornell University as a public street, and
enter into a contractual agreement with Cornell whereby the University would take
responsibility for reconstructing that portion, and maintaining it as a street open to
generally unrestricted public travel, is either an “unlisted” or Type I action pursuant to
the City Environmental Quality Review Ordinance (“CEQRO”), in either case requiring
environmental review under CEQRO; and
May 7, 2008
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WHEREAS, since the proposed action will require the approval of both the Common
Council and the Board of Public Works, both bodies are therefore involved agencies;
and
WHEREAS, the Common Council conducts and makes determinations regarding
environmental reviews on a frequent basis, and is well prepared to undertake and
discharge that responsibility in this instance, in a timely manner; now therefore be it
RESOLVED, That the Common Council of the City of Ithaca does hereby declare its
intention to act as the Lead Agency for the environmental review of the above-described
proposed action regarding University Avenue; and be it further
RESOLVED, That the Mayor be and hereby is authorized and directed to ensure that
Part 1 of an Environmental Assessment Form (EAF) is completed for this project; and
be it further
RESOLVED, That the City Clerk be and hereby is authorized to notify the Board of
Public Works of Common Council’s intention with regard to this action, and to ensure
that when Part 1 of the EAF for this action has been completed it is transmitted to the
Board, together with notification that a lead agency must be designated within 30
calendar days of such transmission
Alderperson Tomlan stated that the Environmental Assessment form for the Rimland
project came to Common Council after the purchase agreement had been drafted and
wondered if that would happen with this project.
City Attorney Hoffman stated that the Environmental Assessment form should be drawn
up in the beginning of the process. He further stated that he does not see a physical
impact of the action with this project, but an environmental assessment should be
conducted since this is a transfer of responsibility.
A Vote on the Resolution resulted as follows:
Ayes (9) Coles, Dotson, Clairborne, Tomlan, Zumoff, Myrick, Schuler
Cogan, Korherr
Nays (0)
Abstentions (1) Rosario
Carried
9.10 Report of City Controller:
City Controller Thayer reported on the following:
Sales tax collections for the year are up 7.7% but the last payment was only up
1.2%.
Higher fuel costs are impacting the City in many ways.
Health Insurance costs are high and are currently on pace to exceed
budgeted costs.
Overtime costs were budgeted at $810,000 and could be over budget by as
much as $56,000 if things continue at its current pace
Parking revenues are above budget projections
The Controller’s office is working to close the books for 2007 and beginning work
on the 2009 budget. Capital project requests are due at the end of May.
The tentative 2008 assessment rolls have been received and 2009 will be very
challenging because assessments will be at full evaluation and the County is
currently looking at a 20% increase in the tax levy. There will be a lot of pressure
to reduce tax rates.
Alderperson Rosario suggested that the report of the City Controller be the first item
discussed under City Administration Committee at future meetings.
Recess:
Common Council recessed the meeting at 10:00 p.m.
May 7, 2008
19
Reconvene:
Common Council reconvened at 10:10 p.m.
13. NEW BUSINESS:
13.1 Possible Motion to Enter Into Executive Session to Discuss Collective
Bargaining - Resolution
By Alderperson Coles: Seconded by Alderperson Cogan
RESOLVED, That Common Council enter into Executive Session to discuss Collective
Bargaining.
Carried Unanimously
Reconvene:
Common Council reconvened into regular session with no formal action taken.
13.2 Approval of Police Benevolent Association Contract – Resolution:
By Alderperson Cogan: Seconded by Alderperson Clairborne
RESOLVED, That Common Council approves the tentative agreement between the City
of Ithaca and the Police Benevolent Association for a four-year term commencing
January 1, 2008 and expiring December 31, 2011, and be it further
RESOLVED, That the Mayor is authorized to fully execute the agreement on behalf of
the City.
Carried Unanimously
Alderperson Dotson left the meeting at 10:35 p.m.
13.3 Ithaca Ale House Alcohol Permit Request - Resolution
By Alderperson Korherr: Seconded by Alderperson Myrick
WHEREAS, the Ithaca Ale House has requested permission 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
WHEREAS, Common Council has determined that the use of this public property for
outdoor dining at the Ithaca Ale House, 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 2008, Common Council hereby approves a revocable Alcoholic
Beverage Permit for the outdoor sale and consumption of alcohol for the Ithaca Ale House
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 9-0
(Alderperson Dotson absent from vote)
13.3 Lost Dog Café Alcohol Permit Request - Resolution
By Alderperson Korherr: Seconded by Alderperson Myrick
WHEREAS, the City Clerk has received a request to allow the Lost Dog Café to utilize
certain areas along Cayuga 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
May 7, 2008
20
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
WHEREAS, Common Council has determined that the use of this public property for
outdoor dining at the Lost Dog Café, 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 2008, Common Council hereby approves a revocable Alcoholic
Beverage Permit for the outdoor sale and consumption of alcohol for the Lost Dog Café
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 9-0
(Alderperson Dotson absent from vote)
15. MAYOR’S APPOINTMENTS:
15.1 Appointment of City Representatives to the Recreation Partnership Board -
Resolution
By Alderperson Korherr: Seconded by Alderperson Cogan
RESOLVED, That J.R. Clairborne be reappointed to the Recreation Partnership Board
as the City’s representative, with a term to expire on December 31, 2008, and be it
further
RESOLVED, That Joan Spielholz be reappointed to the Recreation Partnership Board
as the City’s representative, with a term to expire on December 31, 2008.
Alderperson Clairborne clarified that he has been serving on the Recreation Partnership
Board for three years and that due to new requirements these appointments need to be
formalized.
A Vote on the Resolution resulted as follows:
Carried 9-0
(Alderperson Dotson absent from vote)
15.2 Natural Areas Commission:
By Alderperson Schuler: Seconded by Alderperson Korherr
RESOLVED, That Todd Miner be appointed to the Natural Areas Commission to fill a
vacancy with a term to expire December 31, 2008.
Carried 9-0
(Alderperson Dotson absent from vote)
Mayor Peterson noted that there are a number of vacancies on key boards and
committees and asked to be notified of people that may be interested in serving on
these committees or boards.
16. REPORTS OF COMMON COUNCIL LIAISONS:
Alderperson Coles stated that she distributed an e-mail to Common Council members
regarding the Chamber of Commerce and noted that it has an interesting perspective.
Alderperson Cogan reported on how rising fuel prices are impacting TCAT’s budget and
what is being considered by the TCAT Board to mitigate the situation. He invited
Common Council members to TCAT budget sessions to discuss this issue further.
Alderperson Schuler, as liaison to the Shade Tree Advisory Committee, reported that
the City of Ithaca is fortunate to have 600 varieties of trees. She further reported on
behalf of the Natural Areas Commission that an upcoming Wildflower Day has been
scheduled where volunteers will be pulling garlic mustard.
May 7, 2008
21
Alderperson Myrick reported that the Collegetown Vision Implementation consultants
would be making a presentation at the Planning Board for Common Council members.
The presentation will focus on the transportation aspect of the project.
Alderperson Korherr reported on behalf of the Board of Fire Commissioners regarding
the 2% funds that volunteer companies receive. She noted that these funds are used
for the public benefit and social well-being of the volunteer companies. She noted that
the Board of Fire Commissioners is reviewing the standards of the use of these funds.
Alderperson Clairborne reported that the Ithaca Urban Renewal Agency is working to
restructure debt for the Bookery II and the Drop In Children’s Center. He further
reported that money would be re-programmed from a West Hill project to a North side
project.
REPORT OF CITY CLERK:
City Clerk Holcomb explained that the July 2, 2008 Regular Meeting of Common
Council falls on the same evening as the Annual Community Fireworks. She offered
alternate meeting dates for consideration by Common Council members. Upon further
discussion Common Council decided not to reschedule their meeting date for July,
2008.
MINUTES FROM PREVIOUS MEETINGS:
19.1 Approval of the April 2, 2008 Regular Common Council Meeting Minutes –
Resolution
By Alderperson Korherr: Seconded by Alderperson Zumoff
RESOLVED, That the minutes of the April 2, 2008 Regular Common Council Meeting
be approved with noted corrections.
Carried 9-0
(Alderperson Dotson absent from vote)
19.2 Approval of the April 15, 2008 Special Common Council Meeting Minutes –
Resolution
By Alderperson Korherr: Seconded by Alderperson Zumoff
RESOLVED, That the minutes of the April 15, 2008 Special Common Council Meeting
be approved with noted corrections.
Carried 9-0
(Alderperson Dotson absent from vote)
20. ADJOURNMENT:
On a motion the meeting adjourned at 11:00 p.m.
______________________________ _______________________________
Julie Conley Holcomb, CMC Carolyn K. Peterson,
City Clerk Mayor