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HomeMy WebLinkAboutMN-CC-2008-06-04COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 7:00 p.m. June 4, 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 Acting Director of Planning & Development Director – Cornish Community Development Director – Bohn Superintendent of Public Works – Gray Fire Chief – Wilbur Deputy Fire Chief - Dorman City Planner – Nicholas 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 a substitute resolution for Item 10.5 - Planning Department - Extension of Agreement with National Development Council Regarding Community and Economic Development Advisement Services - Resolution No Council member objected. Community & Organizational Issues Committee: Alderperson Clairborne requested the addition of an update on the proposed outdoor smoking legislation and the Police Chief search. No Council member objected. New Business: Mayor Peterson requested the addition of a Proposed Motion to Enter into Executive Session to Discuss Litigation. No Council member objected. Planning & Economic Development Committee: Alderperson Tomlan requested the deletion of Item 9.1 Authorization of a Grant Submission to the New York State Department of State Environmental Protection Fund for the Construction of Public Dock Space at Cass Park – Resolution. She explained that HUD funds are not eligible to be used as a match for this grant program. No Council member objected. Alderperson Tomlan further stated that the item regarding the insurance requirements related to building permits would be referred back to the Planning Committee for further discussion. SPECIAL PRESENTATIONS BEFORE COUNCIL: Carol Chock, Tompkins County Legislature for the Third District, reported to Council on the following issues: June 4, 2008 2 Tompkins County is moving forward with inter-group cooperation on many fronts: - Tompkins County Office for the Aging and Lifelong are looking to co-locate in a shared space. The Court system needs more space so the Tompkins County Office for the Aging needs to move and they are investigating the West Court Street location. - Tompkins County is working with Finger Lakes Land Trust which just purchased the final parcel in the Lick Brook corridor. - Tompkins County is working with the consortium on health insurance benefits. - Tompkins County is working with the City and Cornell University regarding the transportation and housing initiatives (affordability fund and housing trust fund) - Tompkins County is returning to one year property assessments. - Tompkins County is looking at a 3% tax levy increase as a goal and 8.6% is needed to hold even on the budget. - Tompkins County will hold a public hearing on the Tompkins Cortland Community College budget on June 17, 2008 at 5:30 p.m. Mayor Peterson extended an invitation to the Tompkins County Legislators to discuss the Court Street corridor area with the City. Alderperson Korherr arrived at the meeting at 7:15 p.m. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: Joel Harlan, Town of Newfield, addressed Council regarding the need for a new building for GIAC and the Ithaca Gun site. PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR: Alderperson Clairborne announced that GIAC Festival is taking place on June 14, 2008. He further noted that the Big Brother/Big Sister program is conducting a drawing for a signed photo of Derek Jeter. He extended kudos to Ithaca Forward and the Chamber of Commerce for their 40 under 40 recognition program that honored community leaders for their accomplishments and contributions to the community. Alderperson Rosario announced that the Latino Civic Association would be holding its annual picnic on June 15, 2008 from 12:00 p.m. to 4:00 p.m. at Stewart Park in the large pavilion. Mayor Peterson reported that the MLK Implementation Committee met last week and had a good session talking about the background of Rev. King’s life and different ways that his values can be illustrated. The committee will be reflecting on that information and may re-think their initial ideas. CONSENT AGENDA ITEMS: City Administration Committee: 8.1 Fire Department - Request to Create Fire Alarm Superintendent Position – Resolution By Alderperson Cogan: Seconded by Alderperson Schuler WHEREAS, the Fire Alarm Superintendent will retire on or about September 30, 2008; and, WHEREAS, the Fire Alarm Superintendent is the only person serving in this capacity, and such person is responsible for electrical systems and equipment that is unique to the trade; and, WHEREAS, the 2008 budget for the Ithaca Fire Department included an amount to allow the replacement for the Fire Alarm Superintendent to be hired prior to the Fire Alarm Superintendent's retirement; and, WHEREAS, this early hire is for the purpose of allowing a transition period for training the Fire Alarm Superintendent's replacement; now, therefore be it June 4, 2008 3 RESOLVED, That a second, overlapping position of Fire Alarm Superintendent is created according to Civil Service Law and Rules, effective July 1, 2008, and shall be compensated at the "Minimum" rate as established by the collective bargaining agreement between the City of Ithaca and the Ithaca Paid Fire Fighters' Association, IAFF Local 737; and, be it further RESOLVED, That the initial position of Fire Alarm Superintendent which will be vacated upon the retirement of the current Fire Alarm Superintendent will be eliminated upon the Fire Alarm Superintendent’s retirement, and, be it further RESOLVED, That the funds necessary to accomplish this are already appropriated in the 2008 Ithaca Fire Department budget, and shall not be exceeded. Carried Unanimously 8.2 Youth Bureau - Request to Amend Budget – Summer TANF Position - Resolution By Alderperson Cogan: Seconded by Alderperson Schuler WHEREAS, the Ithaca Youth Bureau has been advised by the Tompkins County Workforce Investment Board that they will be receiving $106,662.49 in new funding to develop a Summer TANF Employment Program (Temporary Assistance for Needy Families), and WHEREAS, the goal of this program is to provide short-term subsidized internships for 60 TANF eligible teens needing assistance in securing employment; now, therefore, be it RESOLVED, That Common Council hereby amends the 2008 Youth Bureau budget to account for said funding as follows: Increase Revenue Account: A7310-4820-1202 Youth Employment Service $99,242.00 A7310-4820-1400 Administration $3,938.00 A7310-4820-1206 One-To-One $275.00 A7310-4820-1221 Outings $207.00 A7310-4820-1200 Youth Development Administration $3,000.00 $106,662.00 Increase expenses: A7310-5110-1202 Staff Salary $3,500.00 A7310-5120-1202 Part time/Seasonal $71,960.00 A7310-5125-1202 Overtime $500.00 A7310-5225-1202 Equipment (Computer) $1,250.00 A7310-5435-1202 Contracts $5,000.00 A7310-5445-1202 Travel & Mileage $485.00 A7310-5460-1202 Program Supplies $4,467.00 A7310-5440-1202 Staff Development $500.00 A7310-5460-1206 Program Supplies $275.00 A7310-5460-1221 Program Supplies $207.00 A7310-5405-1400 Telephone $300.00 A7310-5445-1400 Travel $1,500.00 A7310-5460-1400 Program Supplies $998.00 A7310-5120-1400 Part time/Seasonal $1,000.00 A7310-5460-1200 Program Supplies $3,000.00 A7310-9030 FICA/Medicare $5,811.00 A7310-9040 Workers’ Comp $5,909.00 $106,662.00 Carried Unanimously June 4, 2008 4 8.3 Youth Bureau - Request to Amend Personnel Roster and Authorized Budget – Addition of Youth Program Leader – Resolution By Alderperson Cogan: Seconded by Alderperson Schuler WHEREAS, the Ithaca Youth Bureau has hired a Mentoring and Academic Support Specialist to provide academic support and supervision of volunteer tutors during the school year, WHEREAS, the said employee has responsibility for planning and implementing the College Discovery Program Summer Academy, and WHEREAS, the said employee is currently working full-time in a seasonal position and the Human Resources Department has advised the creation of a roster position, and WHEREAS, all costs associated with this change will be covered by the existing departmental budget; now, therefore, be it RESOLVED, That Common Council hereby amends the 2008 Youth Bureau roster to include an additional full-time Youth Program Leader position, and be it further RESOLVED, That Common Council amends the 2008 Youth Bureau budget by transferring $16,929 from Account A7310-5120-01240 to Account A7310-5110-1240. Carried Unanimously 9. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE: 9.1 Authorization of a Grant Submission to the New York State Department of State Environmental Protection Fund for the Construction of Public Dock Space at Cass Park - Resolution This item was withdrawn from the agenda. 9.2 Authorization of the Use of “Gateway” Proceeds for the Ithaca Urban Renewal Agency (IURA) Financial Guarantee in Support of State Theatre Operations - Resolution By Alderperson Tomlan: Seconded by Alderperson Zumoff WHEREAS, on May 5, 2008, the Ithaca Urban Renewal Agency (“IURA”) approved a request from Historic Ithaca, Inc. (“HI”) to provide a $50,000 limited financial guarantee for a short-term bank loan in support of State Theatre operations, and WHEREAS, HI intends to repay the short-term bank loan with net proceeds realized from the sale of the Clinton House property, located at 116-120 N. Cayuga Street, Ithaca, NY, and WHEREAS, the $50,000 limited guarantee from the IURA is secured by a mortgage lien on the Clinton House property, located at 116-120 N. Cayuga Street, and WHEREAS, IURA underwriting of the guarantee suggests the financial guarantee is well secured to ensure repayment, and WHEREAS, the funding for the loan guarantee is not eligible for Community Development Block Grant (“CDBG”) funding because the project does not create new jobs or primarily benefit low- and moderate-income persons, and WHEREAS, the IURA administers so-called “Gateway” proceeds on behalf of the City of Ithaca per Common Council resolution of June 5, 2002, and WHEREAS, “Gateway” proceeds originated from the City’s sale of land to Eddygate Park Associates to facilitate the Eddygate Park Apartment mixed-income rental housing project in Collegetown, which sales proceeds were realized by the City in 2002 and subsequently contributed to the IURA for the purpose of providing loan financing to Gateway Plaza Associates, LLC to redevelop the underutilized former Dean warehouse building, now known as Gateway Center, located at 401 E. State Street, Ithaca, NY, and June 4, 2008 5 WHEREAS, Gateway Plaza Associates, LLC successfully completed the Gateway Center project and repaid the IURA loan in full in 2007, and WHEREAS, the balance of the “Gateway” proceeds account is approximately $650,000, and WHEREAS, the IURA seeks approval to use “Gateway” proceeds as the most appropriate funding source to secure this financial guarantee, which use requires Common Council approval, and WHEREAS, unless Common Council approval is secured for use of “Gateway” funds, the financial guarantee commitment shall be derived from the IURA’s “non-CDBG funds” account, which is utilized to meet working capital needs of the IURA, and WHEREAS, the State Theatre, a national and state registered historic place and a locally designated historic landmark, is a valuable downtown economic, cultural and community asset and the IURA recognizes HI’s critical role in reopening and operating this historic non-profit performing arts theater, while also serving as owner and committed preservation steward of the Clinton House, a national, state and locally designated historic resource that HI saved from demolition 35 years ago, and WHEREAS, during the 2007-8 State Theatre season 46,900 tickets were sold for 67 events generating $1.16 million in earned income, well over twice the revenue level from the prior season, and WHEREAS, earned income at the State Theatre in 2007-8 season covered approximately 80% of theater expenses before fundraising and grants, a figure substantially above the national average for a non-profit performing arts theater, and WHEREAS, HI estimates that financial sustainability of the State Theatre will require receipt of approximately $200,000 in unearned income on an annual basis, after accounts payable are satisfied, and WHEREAS, to address this ongoing funding shortfall HI has hired a full-time development director to increase unearned income, and WHEREAS, the proposed use of “Gateway” proceeds to assist the State Theatre to continue to operate as a performance theater directly implements the Downtown Ithaca Alliance’s Updated and Amended Downtown Ithaca Development Strategy: 2000-2010, which the Common Council of the City of Ithaca resolved to “strongly endorse and support” on March 3, 2004, and WHEREAS, the proposed use of “Gateway’” proceeds is secured by a mortgage on valuable real property with substantial collateral value that will be released upon repayment of any funds advanced by the financial guarantee, thereby continuing the past practice of using “Gateway” funds in a manner intended to preserve the principal balance; now, therefore, be it RESOLVED, That the Common Council of the City of Ithaca hereby authorizes the use of “Gateway” proceeds as the source of funds for the IURA’s $50,000 financial guarantee of a bank loan made to Historic Ithaca, Inc., and be it further RESOLVED, That the Common Council hereby authorizes the Mayor, upon review by the City Attorney, to execute any and all documents necessary to implement this resolution. Amending Resolution: By Alderperson Tomlan: Seconded by Alderperson Korherr RESOLVED, That the following Resolution be considered in place of the one moved for discussion: June 4, 2008 6 “9.2 Authorization of the Use of “Gateway” Proceeds for the Ithaca Urban Renewal Agency (IURA) Financial Guarantee in Support of State Theatre Operations - Resolution WHEREAS, on May 5, 2008, the Ithaca Urban Renewal Agency (“IURA”) approved a request from Historic Ithaca, Inc. (“HI”) to provide a $50,000 limited financial guarantee for a short-term bank loan in support of State Theatre operations, and WHEREAS, HI intends to repay the short-term bank loan with net proceeds realized from the sale of the Clinton House property, located at 116-120 N. Cayuga Street, Ithaca, NY, and WHEREAS, the $50,000 limited guarantee from the IURA is secured by a mortgage lien on the Clinton House property, located at 116-120 N. Cayuga Street, and WHEREAS, IURA underwriting of the guarantee suggests the financial guarantee is well secured to ensure repayment, and WHEREAS, the funding for the loan guarantee is not eligible for Community Development Block Grant (CDBG) funding because the project does not create new jobs or primarily benefit low- and moderate-income persons, and WHEREAS, the IURA administers so-called “Gateway” proceeds on behalf of the City of Ithaca per Common Council resolution of June 5, 2002, which stipulated that the repayments of the "Gateway" loan shall be used by the City to assist low and moderate income housing, and WHEREAS, since 2002, new funding sources have emerged to assist low and moderate income housing, including annual funding to the City in excess of $500,000 through the Home Investment Partnerships (“HOME”) program, and WHEREAS, there are additional important non-housing community development needs that could benefit from the investment of “Gateway” loan repayment proceeds, such as economic development projects that enhance downtown vitality and increase City revenues, and WHEREAS, the City Attorney advises that the Common Council is authorized to modify its 2002 policy regarding authorized uses of “Gateway” proceeds, and WHEREAS, “Gateway” proceeds originated from the City’s sale of land to Eddygate Park Associates to facilitate the Eddygate Park Apartment mixed-income rental housing project in Collegetown, which sales proceeds were realized by the City in 2002 and subsequently contributed to the IURA for the purpose of providing loan financing to Gateway Plaza Associates, LLC to redevelop the underutilized former Dean warehouse building, now known as Gateway Center, located at 401 E. State Street, Ithaca, NY, and WHEREAS, Gateway Plaza Associates, LLC successfully completed the Gateway Center project and repaid the IURA loan in full in 2007, and WHEREAS, the balance of the “Gateway” proceeds account is approximately $650,000, and WHEREAS, the IURA seeks approval to use “Gateway” proceeds as the most appropriate funding source to secure this financial guarantee, which use requires Common Council approval, and WHEREAS, unless Common Council approval is secured for use of “Gateway” funds, the financial guarantee commitment shall be derived from the IURA’s “non-CDBG funds” account, which is utilized to meet working capital needs of the IURA, and WHEREAS, the State Theatre, a national and state registered historic place and a locally designated historic landmark, is a valuable downtown economic, cultural and community asset and the IURA recognizes HI’s critical role in reopening and operating June 4, 2008 7 this historic non-profit performing arts theater, while also serving as owner and committed preservation steward of the Clinton House, a national, state and locally designated historic resource that HI saved from demolition 35 years ago, and WHEREAS, during the 2007-8 State Theatre season 46,900 tickets were sold for 67 events generating $1.16 million in earned income, well over twice the revenue level from the prior season, and WHEREAS, earned income at the State Theatre in 2007-8 season covered approximately 80% of theater expenses before fundraising and grants, a figure substantially above the national average for a non-profit performing arts theater, and WHEREAS, HI estimates that financial sustainability of the State Theatre will require receipt of approximately $200,000 in unearned income on an annual basis, after accounts payable are satisfied, and WHEREAS, to address this ongoing funding shortfall HI has hired a full-time development director to increase unearned income, and WHEREAS, the proposed use of “Gateway” proceeds to assist the State Theatre continue to operate as a performance theater directly implements the Downtown Ithaca Alliance’s Updated and Amended Downtown Ithaca Development Strategy: 2000-2010, which the Common Council of the City of Ithaca resolved to “strongly endorse and support” on March 3, 2004, and WHEREAS, the proposed use of “Gateway’” proceeds is secured by a mortgage on valuable real property with substantial collateral value that will be released upon repayment of any funds advanced by the financial guarantee, thereby continuing the past practice of using “Gateway” funds in a manner intended to preserve the principal balance; now, therefore, be it RESOLVED, That the Common Council of the City of Ithaca deems as appropriate the proposed use of “Gateway” proceeds as the source of funds for the IURA’s $50,000 financial guarantee of a bank loan made to Historic Ithaca, Inc., and hereby authorizes such use, and be it further RESOLVED, That the Common Council hereby authorizes the Mayor, upon review by the City Attorney, to execute any and all documents necessary to implement this resolution. Alderperson Tomlan explained that upon further research it was discovered that the Gateway proceeds were supposed to be dedicated to low and moderate income housing. She further explained that Common Council has the ability to change their policy on the use of the funds. Alderperson Rosario stated that he is comfortable with the amendment even though the wording regarding the use of funding is still broad. He explained that he initially brought this issue forward because he was uncomfortable not following the policy established by a previous Council. Alderperson Clairborne asked for clarification on the intent of the 2002 Common Council. Community Development Director Bohn explained that he reviewed the information found in minutes and the notes taken during conversations. At that time funding for housing projects was tight. Alderperson Korherr asked if new funding sources for low and moderate income housing are sufficient to meet the needs of the community. She stated that if they are, she would support the resolution but if not she has an issue with it. June 4, 2008 8 Community Development Director Bohn responded that existing funding sources do not cover all the needs for low and moderate income housing. Alderperson Schuler questioned where the money would come from if these funds were not used to guarantee the bank loan made to Historic Ithaca. Community Development Director Bohn stated that the money would come from the IURA operating funds. Mayor Peterson stated that she would like Common Council to review the 2002 resolution at a future date and discuss the potential uses of the “Gateway” proceeds. She further stated that this Resolution wouldn’t change the policy but would make specific allowances for this and the proposed National Development Council funding to be discussed later. City Attorney Hoffman advised that Common Council has the right to change its mind and reallocate the use of the funds. Alderperson Myrick stated that he would like to amend the resolution to remove the eighth Whereas clause. Amendment to the Amending Resolution: By Alderperson Myrick: Seconded by Alderperson Clairborne RESOLVED, That the 8th Whereas clause be removed from the resolution. Ayes (6) Coles, Clairborne, Zumoff, Myrick, Cogan, Korherr Nays (4) Rosario, Dotson, Tomlan, Schuler Carried Amendment to the Amending Resolution: By Alderperson Coles: Seconded by Alderperson Schuler RESOLVED, That the following language be added to the resolution as the last Whereas clause: “WHEREAS, this authorization should not be interpreted as a broad policy change from the original decision of Common Council dated June 5, 2002, rather it should be seen as a specific amendment to that decision as stated above.” Alderperson Korherr asked if the State Theatre offers discounted programming fees for lower income people who can’t afford high ticket prices so that they can benefit from this action. Community Development Director Bohn explained that the theatre rents space to not- for-profit groups at a reduced rate. A vote on the Amendment to the Amending Resolution resulted as follows: Ayes (9) Coles, Dotson, Clairborne, Rosario, Tomlan, Zumoff, Myrick, Schuler, Korherr Nays (1) Cogan Carried Amending Resolution: A vote to Amend the Original Resolution resulted as follows: Ayes (9) Coles, Dotson, Clairborne, Rosario, Tomlan, Zumoff, Myrick, Schuler, Korherr Nays (1) Cogan Carried Main Motion As Amended: Alderperson Tomlan stated that she supports the use of the funds for the State Theatre but she will not support the resolution as she does not support the sale of the Clinton House by Historic Ithaca. June 4, 2008 9 Alderperson Clairborne stated that he encourages the State Theatre to open opportunities for teens and low-income people to view the quality programming. A Vote on the Main Motion as Amended resulted as follows: Ayes (8) Coles, Dotson, Clairborne, Rosario, Zumoff, Myrick, Schuler, Cogan Nays (2) Tomlan, Korherr Carried 9.3 Reaffirmation of Procedure for Creating a New Comprehensive Plan for the City of Ithaca - Resolution By Alderperson Tomlan: Seconded by Alderperson Korherr WHEREAS, on April 29, 2008, the City of Ithaca Planning and Development Board unanimously passed a resolution outlining the procedure for creating a new comprehensive plan for the City, and WHEREAS, the applicable authorizing legislation at the state level is N.Y.S. General City Law §28-a, entitled “City comprehensive plan,” which contains the following language: “5. Preparation. The legislative body of the city, or by resolution of such body, the planning board or a special board, may prepare a proposed city comprehensive plan and amendments thereto. In the event the planning board or special board is directed to prepare a proposed comprehensive plan or amendment thereto, such board shall, by resolution, recommend such proposed plan or amendment to the legislative body of the city,” and WHEREAS, the applicable authorizing legislation at the local level is contained within City of Ithaca Municipal Code §4-23, entitled “Planning and Development Board,” which states in paragraph B., entitled “Powers and duties,” that among the Planning and Development Board’s “powers and duties” is: “2. Initiating, preparing and adopting a comprehensive plan for the city for subsequent adoption by the Common Council, with staff service provided by the Director of Planning and Development. 3. Reviewing periodically, preparing and adopting amendments to the comprehensive plan for subsequent adoption by the Common Council,” and WHEREAS, the City Attorney has stated that he believes the above City of Ithaca Municipal Code language constitutes Common Council’s selection of the N.Y.S. General City Law option whereby the legislative body of a city may direct the planning board to prepare that city’s comprehensive plan and recommend said plan to the city’s legislative body for adoption, and WHEREAS, the City Attorney has further stated that, under this procedure, the City of Ithaca Planning and Development Board (“Planning Board”) would prepare and recommend a new comprehensive plan to the Common Council, which would have the exclusive power to formally adopt the plan for the City; thus, the language in the Municipal Code about the Planning Board “adopting” the plan is limited to the sense in which the Planning Board internally adopts any resolution or decision, and WHEREAS, the City Attorney has further stated his opinion that it would be proper, under this procedure, for the Planning and Development Board to appoint and charge a broad-based comprehensive plan committee, which would include Common Council members and representatives of community stakeholder groups, to directly supervise the ongoing preparation of the new comprehensive plan, with this comprehensive plan committee periodically reporting back to the Planning Board, and with the resulting plan, if accepted by the Planning Board, to be recommended by it to Common Council for Council’s adoption, and WHEREAS, a “preplanning” committee convened by the Mayor to discuss issues related to the preparation of a new comprehensive plan has been meeting since February 2007, and this committee has discussed a two-phase planning process, where phase 1 would entail the preparation of a City-wide vision statement that would set forth broad principles to guide future planning and development, and phase 2 would include June 4, 2008 10 the preparation of geographically based neighborhood plans and other distinct thematically based plans, and WHEREAS, at its meeting on February 6, 2008, Common Council approved a capital project in the amount of $200,000 ($125,000 the first year and $75,000 the second year) to prepare phase 1 of the comprehensive plan, and WHEREAS, the “preplanning” committee has envisioned a comprehensive plan committee that would include representation from the Common Council, the Planning and Development Board, the Town of Ithaca, with possible representation from established City groups (such as the Conservation Advisory Council/Natural Areas Commission/Parks Commission, the Bicycle Pedestrian Advisory Council and the Board of Public Works) and from other stakeholder groups representing interests including but not limited to business, neighborhood quality, transit, affordable housing, sustainability, youth services, senior services, and educational endeavors, and WHEREAS, the Planning and Development Board believes that the work accomplished to date by the “preplanning” committee can be easily adapted to the comprehensive plan preparation procedure set out by the N.Y.S. General City Law and the City of Ithaca Municipal Code as described above, and WHEREAS, based upon all of the foregoing, including the provisions of N.Y.S. General City Law §28-a and City of Ithaca Municipal Code §4-23, the City of Ithaca Planning and Development Board believes that the appropriate next steps for the creation of a new City of Ithaca comprehensive plan would be: (1) For the Planning Board to appoint a broad-based comprehensive plan committee and charge it with drafting a proposed comprehensive plan, said client committee to reflect the membership categories described in the ninth “Whereas” clause above (the Common Council representation to be comprised of at least three Common Council members and the Town of Ithaca’s representative to have voting rights on this comprehensive plan committee provided that the City’s representative to the Town’s ongoing comprehensive plan process is also allowed voting rights), and (2) For this comprehensive plan committee to (a) prepare and approve a request for qualifications (“RFQ”) for phase 1 of the comprehensive plan; (b) review the responses to the RFQ, conduct interviews of consultant teams and make a recommendation of a consultant team to the Planning Board, Mayor and Common Council for their approval; (c) oversee the preparation of phase 1 of the comprehensive plan, coordinate with staff and the selected consultant team, make periodic progress reports to the Planning Board, and ensure the level of public outreach necessary to reflect community goals; and (d) approve a draft of phase 1 of the comprehensive plan for review and acceptance (with possible modification) by the Planning Board, with recommendation of the draft by the Planning Board to Common Council, review and approval by Common Council’s Planning and Economic Development Committee, and adoption by Common Council; now, therefore, be it RESOLVED, That the City of Ithaca Common Council affirms the procedure set forth in this resolution and agrees that the Planning and Development Board, with staff service provided by the Director of Planning and Development, will initiate, prepare and adopt a comprehensive plan for the city for subsequent adoption by the Common Council, and be it further RESOLVED, That the City of Ithaca Common Council also agrees that the Planning and Development Board will periodically prepare, review and adopt amendments to the comprehensive plan for subsequent adoption by the Common Council. Alderperson Korherr stated that she is concerned with the 7th Whereas clause relating to a two-phase planning process because two phases weren’t included in the authorized capital project. She further stated that she thinks that the whole process (both phases) should have been included in the $200,000 capital project. June 4, 2008 11 Alderperson Tomlan stated that it seems like a lot of money however given all of the work involved in this project it would not be possible to include the intensive plans proposed for Phase II. Acting Director of Planning & Development Cornish explained that the initial plan would set guiding principles for neighborhood plans and that the $200,000 doesn’t go very far with these types of plans. Alderperson Zumoff stated that he agrees with Alderperson Korherr and thinks that the City would be investing its money on a plan that may never get implemented. He stated that he would not support the resolution. Alderperson Coles stated that she has heard many comments from residents and businesses about amending a thirty-five year old plan without an overall vision for the City in its current status. Mayor Peterson acknowledged that the cost is high, however consultants are helpful in working with an engaged public and taking the politics out of the process. Alderperson Korherr stated that she supports the project but would like to see the phases combined. Amending Resolution: By Alderperson Korherr: Seconded by Alderperson Cogan RESOLVED, That the 7th Whereas clause be amended to read as follows: “WHEREAS, a “preplanning” committee convened by the Mayor to discuss issues related to the preparation of a new comprehensive plan has been meeting since February 2007, and this committee has discussed a two-phase planning process, where phase 1 would entail the preparation of a City-wide vision statement that would set forth broad principles to guide future planning and development throughout the City and neighborhoods, and phase 2 would include the preparation of specific neighborhood plans and other distinct thematically based plans, and” Carried Unanimously Alderperson Rosario stated that he has an issue with the 8th Whereas clause due to the capital project that was authorized on February 6, 2008 to fund the plan which was not just phase I of the plan. Amending Resolution: By Alderperson Rosario: Seconded by Alderperson Korherr RESOLVED, That the 8th Whereas clause be amended to read as follows: “WHEREAS, at its meeting on February 6, 2008, Common Council approved a capital project in the amount of $200,000 ($125,000 the first year and $75,000 the second year) to prepare the comprehensive plan, and” Ayes (6) Coles, Clairborne, Zumoff, Myrick, Korherr, Rosario Nays (4) Dotson, Cogan, Tomlan, Schuler Carried Alderperson Clairborne stated that he had similar concerns with the 9th Whereas clause as was raised by GIAC Director Marcia Fort regarding stakeholder groups serving on the pre-planning committee for the comprehensive plan. Historic Planner Chatterton stated that she would provide GIAC Director Fort with background information of what has happened so far and also schedule a meeting with her. Amending Resolution: By Alderperson Clairborne: Seconded by Alderperson Myrick RESOLVED, That the 9th Whereas clause be amended to read as follows: “WHEREAS, the “preplanning” committee has envisioned a comprehensive plan committee that would include representation from the Common Council, the Planning and Development Board, the Town of Ithaca, with possible representation from June 4, 2008 12 established City groups (such as the Conservation Advisory Council/Workforce Diversity Committee/Natural Areas Commission/Parks Commission, the Bicycle Pedestrian Advisory Council and the Board of Public Works) and from other stakeholder groups representing interests including but not limited to business, neighborhood quality, transit, affordable housing, sustainability, youth services, senior services, cultural diversity, and educational endeavors, and” Carried Unanimously Alderperson Zumoff asked what happens if someone wants to build a project that doesn’t fit in the comprehensive plan once adopted. Alderperson Cogan responded that zoning requirements would need to be adopted to reflect the plan and they would guide the decisions. Main Motion as Amended: A Vote on the Main Motion as Amended resulted as follows: Ayes (9) Coles, Dotson, Clairborne, Rosario, Tomlan, Myrick, Cogan Korherr Nays (1) Zumoff Carried 10. CITY ADMINISTRATION COMMITTEE: 10.1 Amendment to Capital Project (CP) #735 for Purchase of Fire Equipment - Resolution By Alderperson Coles: Seconded by Alderperson Zumoff WHEREAS, the 2007 Capital Budget included $460,000.00 for the purchase of a pumper/engine (CP #713); and WHEREAS, the 2008 Capital Budget included $500,000.00 for the purchase of an additional pumper/engine (CP #735); and WHEREAS, bids have been received for the two apparatus; and WHEREAS, the bids have been evaluated for compliance by the Ithaca Fire Department (IFD) Apparatus Specification Committee; and WHEREAS, the price bid for apparatus and equipment that complies with our specifications exceeds the funded amount(s) by $170,000; now, therefore be it RESOLVED, That Common Council hereby amends Capital Project #713, IFD Pumper/Engine Replacement, by an amount not to exceed $170,000.00 for the purchase of two pumper/engines with all necessary equipment, and be it further RESOLVED, That City of Ithaca's approval of this increased expenditure is contingent on Town of Ithaca's approval of a percentage of this expenditure as per City-Town agreement resulting in a net project amendment cost to the City of $114,070, and be it further RESOLVED, That the needed funding for said amendment shall be derived from the issuance of bonds. Alderperson Coles explained that the original resolution was for $190,000 but due to the diligent work of the Ithaca Fire Department the amount was lowered to $170,000. She stated that the City currently spends $160,000 annually on repairing equipment and this purchase will dramatically lower, if not eliminate, these costs. Alderperson Zumoff asked if the Town of Ithaca had discussed this yet. Fire Chief Wilbur responded that he spoke with Town Supervisor Engman who raised some concerns which he has responded to and now is waiting to hear back from Supervisor Engman. June 4, 2008 13 Alderperson Schuler asked if Cornell University was making any contributions to this project. Fire Chief Wilbur responded that a portion of their annual contribution to the City is targeted toward IFD operating costs. The Ithaca Fire Department received $678,000 from the 2008 University contribution. A Vote on the Resolution resulted as follows: Carried Unanimously 10.2 Fire Department – Request to Amend Personnel Roster – Addition of Fire Fighter - Resolution By Alderperson Coles: Seconded by Alderperson Schuler WHEREAS, the 2008 City of Ithaca budget authorized a temporary Fire Fighter position for the year, to backfill a position temporarily vacated due to the active duty deployment of a Fire Lieutenant to Afghanistan; and WHEREAS, the intent of the Fire Department was to create an overlapping Fire Fighter position rather than a temporary Fire Fighter position, and WHEREAS, the overlapping Fire Fighter position has not yet been filled, and may not be filled until approximately June 1, 2008; and WHEREAS, at a cost of approximately $4,087 per month, the delay in hiring has resulted in unexpended salary in the amount of approximately $20,435; and WHEREAS, the 2008 City of Ithaca budget authorized two new Fire Fighter positions for the Fire Department, authorized to start no sooner than July 1, 2008; and WHEREAS, a recruit training class will start on or about June 4, 2008; and WHEREAS, the next scheduled recruit training class the fire department is aware of will not start until August, or September; and WHEREAS, vacant positions will increase overtime costs in the Fire Department; now, therefore be it RESOLVED, That the personnel roster of the Ithaca Fire Department be amended to add an additional position of Fire Fighter; and, be it further RESOLVED, That the first Fire Fighter vacancy that occurs after the return of the Fire Lieutenant from active duty will result in the elimination of a Fire fighter position; and, be it further RESOLVED, That the Ithaca Fire Department is hereby authorized to create and fill two new Fire Fighter positions, as provided for in the 2008 budget, starting June 1, 2008, rather than July 1, 2008; and, be it further RESOLVED, That the funds required to accomplish this (2 X $4,087 = $8,174) shall come from existing appropriations. Carried Unanimously 10.3 Planning Department - Request to Amend Personnel Roster - Resolution By Alderperson Coles: Seconded by Alderperson Tomlan WHEREAS, one of the current Planners in the Department of Planning and Development, has been performing job related duties that are above and beyond those required for the position of Planner as determined by the Civil Service Commission, and WHEREAS, an individual in the position of Planner has been performing out of title duties for which compensation has been approved in accordance with the CSEA contract, and WHEREAS, it has become apparent that the Planner’s education, skills, and knowledge warrant an upgrade from Planner to Senior Planner; now, therefore be it June 4, 2008 14 RESOLVED, That the Personnel Roster for the Department of Planning and Development be amended as follows: Add: One (1) Senior Planner at 35 hours per week, Delete One (1) Planner at 35 hours per week, and, be it further RESOLVED, That funds necessary for said roster amendment shall be derived within the existing Planning Department Budget. Alderperson Coles explained that the person in this position is key to many of the City’s development projects including the Southwest Urban Neighborhood project. A Vote on the Resolution resulted as follows: Carried Unanimously 10.4 Planning Department – Request to Amend Southwest Area Urban Neighborhood Project - Resolution By Alderperson Coles: Seconded by Alderperson Zumoff WHEREAS, the City of Ithaca Common Council wishes to develop and/or use approximately 60 acres of land in the Southwest Area, currently owned by the City (Tax Map Parcels #119.-1-2 and #100.-3-1), in a manner that is responsive to both the public interest and the private development market, and WHEREAS, in 1998, the Southwest Area Land Use Committee issued a report, Southwest Area Land Use Plan, based on a 1994 plan of the same name, with a 1998 addendum, and WHEREAS, on May 6, 1998, the Common Council, acting as Lead Agency, determined that adoption of the Southwest Area Land Use Plan may have a significant environmental impact and that a Generic Environmental Impact Statement was required, and WHEREAS, on August 24, 2000, the Common Council adopted a Statement of Findings for the Southwest Area Land Use Plan after considering the Draft Generic Environmental Impact Statement (“DGEIS”) and the Final Generic Environmental Impact Statement (“FGEIS”), including comments made by City committees and boards, interested agencies and the public, and WHEREAS, on January 3, 2001, the Common Council adopted the 1994 Southwest Area Land Use Plan, including the 1998 Addendum, as part of the City of Ithaca’s Comprehensive Plan, and client committee to assist in the development of a vision statement for the area and in the preparation of a Request for Qualifications for a developer, and WHEREAS, the Southwest Client Committee was subsequently created, and it developed a vision statement that calls for the creation of a diverse, primarily residential, mixed-use development of urban scale and density, the design and implementation of which would facilitate non-motorized and mass transportation, integrate sustainable building practices and environmental systems, and provide for permanently affordable housing as well as the preservation of approximately 20 acres of the site as open space, green space or woods, and WHEREAS, on March 1, 2006, the Common Council (a) adopted the “Southwest Vision Statement,” dated January 4, 2006, as a guide for the development of a new neighborhood in the Southwest Area; (b) directed the Department of Planning and Development, in consultation with the Southwest Committee, to develop and issue a Request for Qualifications (“RFQ”) for a Preferred Developer; (c) authorized the Mayor to appoint a selection committee to review the responses to the RFQ and to make a recommendation to the Ithaca Urban Renewal Agency (“IURA”) and to the Common June 4, 2008 15 Council regarding the selection of a Preferred Developer for the Southwest Area, said Preferred Developer to be a qualified and eligible sponsor authorized to acquire or lease property from the IURA pursuant to Section 507 of Article 15 of General Municipal Law; and (d) directed the Department of Planning and Development, in conjunction with the City Attorney’s Office, to prepare the documents necessary to transfer the Southwest Area property from the City to the IURA, subject to Common Council approval of the same, and WHEREAS, on December 6, 2006, the Common Council approved the Southwest Area Urban Neighborhood Request for Qualifications, December, 2006, and the selection process set forth therein, subject to minor editorial modifications, and WHEREAS, the RFQ was subsequently released and advertised in accordance with General Municipal Law, and the City received four responses, and WHEREAS, over a six-month period from early December 2006 to mid-June 2007, the Southwest Selection Committee, appointed by the mayor and charged with developing a recommendation for a preferred master developer, reviewed and evaluated all responses to the RFQ, met four times independently, participated in a site visit, and conducted four initial interviews and one follow-up interview, and WHEREAS, in July 2007, the Southwest Selection Committee presented its recommendation to Common Council and the IURA that (a) McCormack Baron Salazar be designated as the Preferred Master Planner and Developer for the Southwest Area Urban Neighborhood, and (b) the City undertake the necessary preliminary site investigations prior to initiation of the planning process, and WHEREAS, the following preliminary site investigations are required, prior to making the land in question available for sale and development in accord with the aforementioned Vision Statement: 1. Boundary and Topographic Mapping, 2. Subsurface Reconnaissance Explorations for Proposed Housing Development, and 3. Environmental Site Assessment, and WHEREAS, on October 3, 2007, Common Council confirmed that the City-owned land in question (i.e., Tax Map Parcels #119.-1-2 and #100.-3-1) is surplus in that it will not be required for future public works operations, and reiterated its intention to transfer title to the land in question to the IURA, at the earliest practical time (subject to environmental review and the approval of the actual terms of such transfer, by the Common Council), for the possible, subsequent conveyance of part or all of such land (by the IURA, upon the concurrence of the Common Council) to an eligible and qualified sponsor of an urban renewal project consistent with the Vision Statement, and WHERAS, on October 3, 2007 Common Council established Capital Project #722 in the amount of $100,000.00, to cover the cost of the following preliminary site investigations and the management thereof, together with other costs associated with the Southwest Area Urban Neighborhood project, and authorized the Director of Planning and Development to retain a contractor that would provide and/or secure, and manage: 1. Boundary and Topographic Mapping, 2. Subsurface Reconnaissance Explorations, and 3. Phase I Environmental Site Assessment (ESA), and, if necessary, a Phase II ESA, and, WHEREAS, in October 2007 the City issued a Request For Proposals for Project Management Services, Preliminary Site Investigations for the Proposed Southwest Area Neighborhood Development Site. The City received four responses and selected McCormack Baron Salazar due to their experience in developing residential mixed use projects on challenging sites, and their proposed project teams’ high level of expertise, and June 4, 2008 16 WHEREAS, on January 1, 2008 Common Council amended (increased) Capital Project #722 by $175,000 as part of the 2008 Capital Budget, bringing the total Capital Project allocation to $275,000 and WHEREAS, the Boundary & Topographic Survey, the Subsurface Reconnaissance Explorations, and the Phase 1 ESA were completed in April 2008, and the results of the Phase 1 ESA determined that a Phase 2 ESA was needed in order to pursue development of the site for residential use, and, WHEREAS, preliminary estimates for a Phase 2 ESA are approximately $250,000, and do not include any needed environmental clean-up that may be identified in the assessment, and WHEREAS, obligated funds in Capital Project #722 currently total approximately $90,000, which include the cost to transfer the properties to the IURA and do not include any funds for planning and design, and WHEREAS, in an attempt to reduce overall debt cost, we will forgo the $280,000 Capital Project #708 West End Parking Lot to allow for the additional Southwest Area Neighborhood Project; now, therefore be it RESOLVED, That Common Council hereby amends Capital Project #722 Southwest Area Urban Neighborhood Project by an amount not to exceed $280,000 for a total project authorization of $555,000, and be it further RESOLVED, That funds necessary for said amendment shall be funded through the issuance of Bonds, and be it further RESOLVED, That Common Council hereby directs the City Controller to pay off existing debt funds for Capital Project #708 West End Parking Lot in the amount of $280,000 to offset said debt amendment for Capital project #722. Alderperson Zumoff stated that he would support the resolution because advanced planning will benefit the area. Alderperson Rosario stated that this is a great example of off-setting a debt when adding new debt. Alderperson Dotson thanked City Planner Nicholas for providing the helpful background memo for Council. Mayor Peterson explained that this is a large parcel of land and has exciting possibilities. She feels that the City has a responsibility as an environmental steward of this piece of City property. A Vote on the Resolution resulted as follows: Carried Unanimously 10.5 Planning Department - Extension of Agreement with National Development Council Regarding Community and Economic Development Advisement Services - Resolution By Alderperson Coles: Seconded by Alderperson Cogan WHEREAS, the City has determined that it desires a continuation of the professional services of the National Development Council to work with the City to develop and assist in the implementation of the City’s Community and Economic Development Programs; and WHEREAS, the National Development Council has in the past submitted a proposal to carry out the required services, and WHEREAS, the National Development Council has been providing such services to the City for the past four years, to the satisfaction of the City, and June 4, 2008 17 WHEREAS, the National Development Council has agreed to continue to perform the services set forth hereunder; and WHEREAS, the compensation to be paid to the Contractor is comparable to compensation normally paid for such services within the State of New York; and WHEREAS, the funds required to honor this contract will be derived from a combination of Planning Department operating funds and remaining funds from the Gateway Loan Proceeds deposited with the Ithaca Urban Renewal Agency (IURA); now, therefore, be it RESOLVED, That Common Council hereby authorizes that the City of Ithaca and the National Development Council enter into an Agreement for Services for the period from January 1, 2008 through December 31, 2008 for a fee for services not to exceed $60,000 for the term of the contract, and, be it further RESOLVED, That the Mayor, upon review by the City Attorney, is hereby authorized and directed to execute the Agreement between the City of Ithaca and the National Development Council, and, be it further RESOLVED, That funds necessary for the National Development Council contract shall be derived from the following sources: Transfer of Funds from Account A8020-5105 Administrative Salaries to Account A8020-5435 Contracts $30,000 Remaining Funds from the Gateway Loan Proceeds in IURA Accounts (Increase Appropriation Account A8020-5435 Contracts by $30,000 Increase Revenue Account A8020-2375 Services Other Governments IURA by $30,000) $30,000 $60,000 and, be it further RESOLVED, That Common Council hereby authorizes the IURA to use the Gateway Loan Proceeds for said expense. Amending Resolution: By Alderperson Coles: Seconded by Alderperson Korherr RESOLVED, That three additional Whereas clauses be added to the resolution before the first Resolved clause that would read as follows: “WHEREAS, the IURA administers so-called “Gateway” proceeds on behalf of the City of Ithaca per Common Council resolution of June 5, 2002, which stipulated that the repayments of the “Gateway” loan shall be used by the City to assist low and moderate income housing, and WHEREAS, since 2002, new funding sources have emerged to assist low and moderate income housing, including annual funding to the City in excess of $500,000 through the Home Investment Partnership (HOME) program, and WHEREAS, the City Attorney advises that the Common Council is authorized to modify its 2002 policy regarding authorized uses of “Gateway” proceeds; now, therefore be it” Mayor Peterson stated that this resolution is similar to Item 9.2 on the agenda but is different because National Development Council has worked with the Mutual Housing Association and the Day Care Council that serves low and moderate income residents. Alderperson Korherr stated that she would support the resolution for the reasons stated by Mayor Peterson. June 4, 2008 18 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: Carried Unanimously 10.6 Department of Public Works - Request to Amend Personnel Roster – Upgrade of Engineering Technician to Junior Transportation Engineer - Resolution By Alderperson Coles: Seconded by Alderperson Dotson WHEREAS, the roster of the Office of City Engineer has one Engineering Technician position which is currently filled and focused primarily on transportation related issues, and WHEREAS, the Office of City Engineer requires the services of a title above the technician level in the execution of the City’s transportation engineering workload, 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 Junior Transportation Engineer; now therefore be it RESOLVED, That Common Council hereby amends the authorized personnel roster as follows: Add: (1) One Junior Transportation Engineer, Delete: (1) One Engineering Technician, Grade 13 and, be it further RESOLVED, That funding for said roster amendment shall be derived with existing 2008 DPW - City Engineer authorized budget and/or existing authorized Capital Projects, and be it further RESOLVED, That the position of Junior Transportation Engineer be assigned to the CSEA Administrative Unit at salary grade 17. Alderperson Coles stated that the person in this position is hard working and a lot of people utilize his services. She urged Council to support the resolution. A Vote on the Resolution resulted as follows: Carried Unanimously 10.7 City Controller’s Report City Controller Thayer reported on the following: - Sales tax revenue collection is fairly strong however he is seeing signs of a weakening collection - The economy will be monitored as fuel prices and the stimulus package are predicted to impact sales - Parking revenues are on target for budget - Fine revenues are on pace to exceed budgeted amount - Health insurance costs continue to be high and are on pace to exceed the budget - Overtime costs are on pace to be slightly over budget - There is concern about the impact that oil/fuel prices will have on the budget as they relate to construction and equipment. Gas and oil prices are currently on pace to be approximately $100,000 over budget. This will be monitored carefully as some increases were anticipated but nothing this dramatic. - The City has spent $33,000 to date on transporting waste materials off-site due to the DEC’s prohibition of dumping in Southwest Park. - The Health Benefit Steering Committee is looking at a county-wide approach to find savings. The plan is in its design phase now and the committee is open to communication with various unions. June 4, 2008 19 10.8 Motion to Enter Into Executive Session to Discuss Collective Bargaining - Resolution By Alderperson Coles: Seconded by Alderperson Schuler RESOLVED, That Common Council enter Into Executive Session to discuss collective bargaining. Carried Unanimously (9-0) (Alderperson Schuler absent from vote) Reconvene: Common Council reconvened into regular session with no formal action taken. Alderperson Korherr left the meeting at 9:45 p.m. Approval of CSEA DPW Contract – Resolution By Alderperson Cogan: Seconded by Alderperson Clairborne RESOLVED, That Common Council approves the agreement between the City of Ithaca and the CSEA DPW Unit 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 (9-0) (Alderperson Korherr absent from vote) 11. COMMUNITY & ORGANIZATIONAL ISSUES COMMITTEE: Alderperson Clairborne reported on the following items: Outdoor Smoking Legislation A sub-committee, Chaired by Alderperson Rosario, has met twice to work on drafting smoke-free legislation. The sub-committee is working to establish guiding principles relating to trying to reduce the exposure of the public to second hand smoke. Police Chief Search The Search Committee has met twice and a third meeting is being scheduled. The committee includes three members of Common Council, three members of the Community Police Board, two police professionals from outside agencies, and one Workforce Diversity Committee member. MAYOR’S APPOINTMENTS: 15.1 Board of Fire Commissioners: By Alderperson Clairborne: Seconded by Alderperson Tomlan RESOLVED, That William Gilligan be reappointed to the Board of Fire Commissioners with a term to expire June 30, 2011. Carried Unanimously (9-0) (Alderperson Korherr absent from vote) REPORTS OF COMMON COUNCIL LIAISONS: Alderperson Clairborne reported that the IURA approved a $70,000 loan to Mother Goose at the May 22, 2008 meeting. Mother Goose is a used children’s clothing business that will be relocating to the Bishop’s Home Center building on West State Street. He further reported on a proposal before the IURA for the re-use of appliances, furniture and construction materials that could be used by businesses instead of being sent to landfill. Mayor Peterson reported that environmental review monies have been awarded to the City from the DEC for the clean up of the Gun Hill site. REPORT OF CITY CLERK: City Clerk Holcomb read the following announcement from the Ithaca Urban Renewal Agency into the record: June 4, 2008 20 FY 2005 & 2006 Consolidated End-of-Year Review Annual Community Assessment of HUD Entitlement Program The HUD Entitlement program provides formula-based funding for the Community Development Block Grant (CDBG) and the Home Investment Partnerships Program (HOME). The City was awarded $1,490,278 for the 2005 program year and $1,372,049 for the 2006 program year. The Ithaca Urban Renewal Agency administers the program on behalf of the City. This annual report evaluates the City’s performance and compliance with program requirements. The City’s performance is characterized as “satisfactory” and in compliance with the program requirements, with the exception that in the FY 2006 Audit is past due. Public Information Officer Team City Clerk Holcomb reported that two people have been invited to conduct second interviews with the Mayor for an internship to develop a community newsletter. The goal is to produce two newsletters per month that would mainly be distributed electronically. The City will also be identifying hardcopy distribution sites throughout the City. The PIOT is also beginning a website redesign project that is expected to be completed by the end of the summer. REPORT OF CITY ATTORNEY: City Attorney Hoffman reported that there has been no new litigation. He further reported that the City received notification from the DEC stating that the City shipped 330 gallons of hazardous waste from the sewage treatment plant to a facility in Niagara Falls in the early 1990’s. The facility was faulted for adding to the pollution in the area and the City has been named as one of the contributors. The DEC has offered a deal where the City could “buy out” of this case for the amount of $4,000.00. Mayor Peterson stated that she wants further investigation of this situation, but that the offer expires in the middle of July. MINUTES FROM PREVIOUS MEETINGS: 19.1 Approval of the May 7, 2008 Regular Common Council Meeting Minutes – Resolution By Alderperson Coles: Seconded by Alderperson Cogan RESOLVED, That the minutes of the May 7, 2008 Regular Common Council Meeting be approved with noted corrections. Carried Unanimously (9-0) (Alderperson Korherr absent from vote) Motion to Enter Into Executive Session to Discuss Litigation – Resolution By Alderperson Cogan: Seconded by Alderperson Myrick RESOLVED, That Common Council enter into Executive Session to Discuss Litigation. Carried Unanimously (9-0) (Alderperson Korherr absent from vote) Reconvene: Common Council reconvened into Regular Session with no formal action taken. ADJOURNMENT: On a motion the meeting adjourned at 10:30 p.m. ______________________________ _______________________________ Julie Conley Holcomb, CMC Carolyn K. Peterson, City Clerk Mayor