HomeMy WebLinkAboutMN-CC-2008-08-06COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 7:00 p.m. August 6, 2008
PRESENT:
Mayor Peterson
Alderpersons (10) Coles, Dotson, Rosario, Clairborne, Tomlan, Zumoff, Schuler,
Myrick, Cogan, Korherr
OTHERS PRESENT:
City Clerk – Conley Holcomb
City Attorney – Hoffman
Deputy City Controller – Andrew
Superintendent of Public Works – Gray
Human Resources Director – Michell-Nunn
PLEDGE OF ALLEGIANCE:
Mayor Peterson led all present in the Pledge of Allegiance to the American Flag.
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
Anne Clavel, City of Ithaca, addressed Council regarding the Collegetown Plan and the
associated zoning amendment proposals. She asked Council to consider these items
very carefully as she feels there have not been enough studies done to truly determine
the needs. As a planner by profession, she volunteered to undertake these studies to
help understand what is being proposed.
Miranda Phillips, Megan Gregory, and Tom Shelley addressed Council regarding the
establishment of a National Water Trust Fund.
Joel Harlan, Town of Newfield, addressed Council in support of the Walmart expansion
project and his concern regarding the loss of national chain restaurants. He further
addressed street tree trimming and pothole repair needs.
Fay Gougakis, City of Ithaca, voiced concern regarding housing code violations in rental
units, the City’s responsibility to enforce the codes, and the need to appropriately staff
the Building Department. She further voiced concern regarding the danger of cell
phone use while driving.
PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR:
Alderperson Korherr thanked the speakers for their comments and Ms. Clavel for
volunteering to conduct studies. She stated that she shares the concern regarding the
proposed use of the residential parking permit system in Collegetown. She addressed
comments made regarding the Building Department and explained that Council has
worked hard to dedicate more resources to the Building Department.
Alderperson Zumoff stated that he agrees with Ms. Gougakis’ comments regarding cell
phone use and urged people to obey the traffic rules. He further stated that next week
would be National Red Light Awareness Week. Cornell University will be strictly
enforcing traffic signal violations, and he suggested that the City consider participating
in this program as well.
Alderperson Dotson stated that she supports Ms. Gougakis’ comments regarding the
dangers of talking on cell phones while driving and noted that Ithaca Police Department
has written more tickets for those types of violations recently. She thanked Ms.
Gougakis for her comments regarding landlord violations of the housing codes.
Alderperson Rosario announced that there would be a public information meeting on
August 18, 2008 from 7 p.m. to 9 p.m. at the Southside Community Center regarding
the environmental investigation conducted at the Clinton West Plaza. The meeting will
include a brief environmental history of the site, information on planned and completed
testing and “next steps”. He stated that representatives from NYS Department of
Environmental Conservation and the State Department of Health would be available to
answer questions.
August 6, 2008
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Alderperson Clairborne announced that there would be a public presentation on the
relocation of the GIAC basketball court to Conway Park on August 12, 2008 from 5:00-
6:15 p.m. at the Northside Community Center located in the Ithaca Housing Authority
housing complex. The meeting will cover the need for the relocation, display proposed
site plans, explore GIAC programs that will use the court, and take questions.
He further announced an upcoming public informational meeting hosted by the City of
Ithaca for interested residents and business owners of the North End Second Ward
Neighborhood. The meeting will include Alderperson Rosario and representatives from
the Planning Department and DPW. Water & Sewer staff will be sharing project
concept design, and listening to neighborhood input. This project directly affects the 500
Block of First Street & 400 Block of Franklin Street and includes streetscape
improvements on Franklin Street from the intersection of First Street to the intersection
of Third Street including new sidewalk, curb, tree lawn, trees, plantings, crosswalks, etc.
DPW site Improvements include landscaping, tree lawns, trees, plantings, stormwater
infrastructure, material storage, fencing, and paving.
Mayor Peterson addressed comments made regarding traffic concerns and housing
code violations. She explained that the City has been collecting data on what fines are
levied during prosecution. She further asked Common Council if they were interested in
following the gas drilling in the Marcellus Shale and the potential impacts on the
watershed area and water use. She noted that the City has received a request for
exploration in the Six Mile Creek Natural Area. City Clerk Holcomb reported that
NYCOM would be hosting a symposium on this topic on August 12, 2008 at the
Binghamton Regency.
CONSENT AGENDA ITEMS:
8.1 City Clerk - Request to Amend 2008 Budget - Resolution
By Alderperson Zumoff: Seconded by Alderperson Schuler
WHEREAS, Common Council, as part of the 2008 City Budget, included $15,000 in the
Restricted Contingency account for the purposes of funding a public information
initiative, and
WHEREAS, the Public Information Officer Team (PIOT) is requesting that these funds
be released from Restricted Contingency for the purposes of funding two intern
positions to work on the website revision project and the community newsletter project,
and other related projects; now, therefore, be it
RESOLVED, That Common Council hereby authorizes the City Controller to transfer an
amount not to exceed $15,000 from Restricted Contingency Account #A1990 to account
# A1316-5435 to fund two intern positions and other related public information project
costs.
Carried 9-0
(Alderperson Myrick absent from vote)
8.2 Safety Committee - Request For Funding CPR and AED Training - Resolution
By Alderperson Zumoff: Seconded by Alderperson Schuler
WHEREAS, the Safety Committee of the City of Ithaca is actively investigating the
acquisition and distribution of Automated External Defibrillation devices (AED) for use
by City staff at City facilities in a Public Access Defibrillator (PAD) program, and
WHEREAS, a prerequisite of a PAD program is personnel trained in the use of AED
devices, and
WHEREAS, the City and the Safety Committee recognizes the benefit of training
individuals in Cardio Pulmonary Resuscitation (CPR) and in the use of AED devices,
techniques which save lives whether at work or privately, and
WHEREAS, the City-wide Safety Committee has determined by survey, an increasing
interest among the workforce in being trained in CPR/AED; now therefore be it
RESOLVED, That an amount not to exceed $1,800.00 is approved to provide said
CPR/AED training for the remainder of 2008, and be it further
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RESOLVED, That employees, upon approval by supervisor, shall be released during
work hours to attend CPR/AED training, and be it further
RESOLVED, That Common Council hereby transfer funds in an amount not to exceed
$1800.00 from Account 1990 Unrestricted Contingency to Account A1430-5440 Human
Resources Staff Development for the purposes of funding said CPR training; and be it
further
RESOLVED, That the payment is contingent upon the signing of a Memorandum of
Understanding with the appropriate Collective Bargaining Units.
Carried 9-0
(Alderperson Myrick absent from vote)
8.3 Youth Bureau - Request to Amend 2008 Youth Bureau Budget and Roster -
Resolution
By Alderperson Zumoff: Seconded by Alderperson Schuler
WHEREAS, the Ithaca Youth Bureau has received $27,074 in new funding from the
Ithaca City School District, and
WHEREAS, the Urban/Rural Adventure Program is a new initiative designed to build
friendships and promote cross-cultural understanding among 288 fifth graders from
ICSD attending middle school, and
WHEREAS, the Youth Bureau needs to increase staffing to run a program of this scope,
and
WHEREAS, the Youth Bureau roster already includes an unfunded 17.5 hour Youth
Program Leader position, and
WHEREAS, this proposal is budget neutral; now, therefore, be it
RESOLVED, That the Common Council hereby amends the 2008 Youth Bureau budget
and roster as follows:
• Fund the 17.5 hour Youth Program Leader position to begin September 8, 2008
and
• Amend the 2008 Youth Bureau budget to account for said funding as follows:
Increase anticipated revenue:
A7310-2350-01221 $10,830
Increase expenses:
A7310-5110-01221 Salary $4,747
A7310-5435-01221 Contracts $2,200
A7310-5460-01221 Program Supplies $1,937
A7310-9030-1221 FICA/Medicare $679
A7310-9040-1221 Workers’ Comp $1,267
Carried 9-0
(Alderperson Myrick absent from vote)
8.4 Finance/Controller’s Office - Request to Amend 2008 Budget for Community
Celebration Grants - Resolution
By Alderperson Zumoff: Seconded by Alderperson Schuler
WHEREAS, Tompkins County recently notified the City of $8,000 in grant funds from
the County to the City for Community Celebration Funds, and
WHEREAS, the $8,000 in funds would need to be disbursed to the following
organizations/events/projects:
Race Liberation Alliance $2,000
2007 and 2009 Lunar New Year Festival $3,000
Latino Heritage $2,000
American, Folk Music Workshop $1,000
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now, therefore, be it
RESOLVED, That Common Council hereby accepts the $8,000 in Community
Celebrations Grant funds from Tompkins County and amends the 2008 Budget to
account for said grants as follows:
Increase Revenue Accounts:
A1012-2379 County Contribution/Celebrations $8,000
Increase Appropriation Accounts:
A1012-5435 Community Service Contracts $8,000
Alderperson Rosario disclosed that he is a member of the Latino Civic Association
however there is no conflict of interest.
A Vote on the Resolution resulted as follows:
Carried 9-0
(Alderperson Myrick absent from vote)
9. CITY ADMINISTRATION COMMITTEE:
9.1 Common Council - Request to Amend 2008 Youth Bureau Budget -
Resolution
By Alderperson Coles: Seconded by Alderperson Myrick
WHEREAS, giving youth a voice in community decisions that affect them has been a
valued aspect of the Youth Bureau programming since its inception in 1948, and
WHEREAS, several Common Council members have recognized the value of re-
establishing the Ithaca Youth Council, and
WHEREAS, Youth Council has been a successful model for developing civic leaders in
the Ithaca community and whose alumni include a former City mayor, current acting
director of Planning & Development, and Ithaca City School District Board of Education
members, and
WHEREAS, re-establishment of the Ithaca Youth Council as an advisory body to
Common Council is under consideration currently by Common Council via its
Community and Organizational Issues Committee, and
WHEREAS, an unfunded, 21-hour-per-week Youth Program Leader position currently
exists on the Youth Bureau roster, and
WHEREAS, the position would not begin before September 15, 2008 and not before the
ordinance establishing the City of Ithaca Youth Council is adopted by the full Common
Council, and
WHEREAS, the Youth Bureau is committed to raising matching dollars to help fund the
position in the 2008 budget and in future budgets, and
WHEREAS, the amount committed from the 2008 contingency fund is $3,477; now,
therefore be it
RESOLVED, That a 21-hour-per-week Youth Program Leader position on the Youth
Bureau roster be funded conditional on matching funds for the year 2008 and all
subsequent years, and be it further
RESOLVED, That contingent upon raising the necessary matching funds, the Common
Council hereby amends the 2008 Youth Bureau budget as follows:
Increase anticipated revenue:
A7310-2070-01200 Contributions $3,477
A1990-5000 Unrestricted Contingency $3,477
Increase expenses
A7310-5110-01200 Staff $4,932
A7310-9030-01200 FICA $ 377
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A7310-9040-01200 Worker’s Compensation $ 197
A7310-9060-01200 Health Insurance $1,054
A7310-9010-01200 Retirement $ 394
Total $6,954
Extensive discussion followed on the floor regarding funding for the position and
balancing it with the needs of other departments in the 2009 budget, the history of the
youth council, and the importance of providing local youth with a voice regarding issues
that affect them in the community and area schools.
Amending Resolution:
By Alderperson Zumoff: Seconded by Alderperson Tomlan
RESOLVED, That the first Resolved clause be amended to read as follows:
“RESOLVED, That a 21-hour-per-week Youth Program Leader position on the Youth
Bureau roster be funded conditional on matching funds for the year 2008, and be it
further”
Mayor Peterson stressed that the process has been backwards. The job description is
not prepared, the Ordinance is not in place, and this language should be developed in
committee, not on the floor of Common Council.
Discussion followed on the floor regarding the Youth Bureau’s history of fund raising,
and methods to review these types of departmental requests while keeping the whole
organizational budget in mind.
Mayor Peterson suggested that the position be created as an independent contractor
and funded from restricted contingency funds or that the possibility that existing staff
could take on the role.
Motion to Call the Question:
By Alderperson Myrick: Seconded by Alderperson Zumoff
RESOLVED, That the Question be called on the amending resolution.
Ayes (8) Coles, Dotson, Rosario, Clairborne, Myrick, Schuler, Cogan,
Korherr
Nays (2) Zumoff, Tomlan
Abstentions (0)
Carried (8-2)
A Vote on the Amending Resolution resulted as follows:
Ayes (2) Zumoff, Tomlan
Nays (8) Coles, Dotson, Rosario, Clairborne, Myrick, Schuler, Cogan,
Korherr
Abstentions (0)
Failed (2-8)
Amending Resolution:
By Alderperson Schuler: Seconded by Alderperson Myrick
RESOLVED, That the Sixth Whereas Clause be amended to become the second
Resolved clause that would read as follows:
“RESOLVED, That the position would not begin before September 15, 2008 and not
before the ordinance establishing the City of Ithaca Youth Council is adopted by the full
Common Council, and “ and be it further
RESOLVED, That the Second Whereas Clause be amended to read as follows:
“WHEREAS, Common Council has recognized the value of re-establishing the Ithaca
Youth Council, and” and be it further
RESOLVED, That the last Whereas Clause be amended to read as follows:
“WHEREAS, the amount to be committed from the 2008 contingency fund for this
position is $3,477; now, therefore be it”
Carried Unanimously
August 6, 2008
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Amending Resolution:
By Alderperson Coles: Seconded by Alderperson Korherr
RESOLVED, That the First Resolved clause be amended to read as follows:
“RESOLVED, That a 21-hour-per-week Youth Program Leader position on the Youth
Bureau roster be funded conditional on the commitment of matching funds from non-city
sources and for the year 2008 and all subsequent years, by October 1st of each
preceding year and be it further”
Amendment to Amending Resolution:
By Alderperson Tomlan: Seconded by Alderperson Coles
RESOLVED, That the First Resolved clause be further amended to read as follows:
“RESOLVED, That a 21-hour-per-week Youth Program Leader position on the Youth
Bureau roster be funded conditional on the commitment of matching funds from non-city
sources and for the year 2008 and any subsequent years, by October 1st of each
preceding year and be it further”
Carried Unanimously
A Vote on the Amending Resolution resulted as follows:
Carried Unanimously
Alderperson Rosario stated that he applauds the Youth Bureau for their fund raising
efforts but feels that the City is not able to do everything. He suggested that perhaps
the City should look at re-programming funds within the Youth Bureau to fund the Youth
Council program.
Discussion followed on the floor with Council members voicing their support for this
initiative and thanking Alderperson Myrick for all of his work.
Main Motion As Amended:
A Vote on the Main Motion as Amended resulted as follows:
Ayes (9) Coles, Dotson, Clairborne, Zumoff, Tomlan, Myrick, Schuler
Cogan, Korherr
Nays (1) Rosario
Abstentions (0)
Carried (9-1)
9.2 Common Council - Support of National Water Trust Fund - Resolution
By Alderperson Coles: Seconded by Alderperson Schuler
WHEREAS, the City of Ithaca's water treatment plant was constructed in 1903 and its
last major upgrade was completed in 1951, and
WHEREAS, city workers with considerable ingenuity, resourcefulness, intelligence and
dedication have maintained the plant's ability to treat water and meet changing water
quality regulations, and
WHEREAS, regardless of these efforts, the city will no longer be able to meet changing
and improving potable water regulations without either replacing the existing Water
Plant or Joining the Southern Cayuga Lake Intermunicipal Water Commission, and
WHEREAS, projected costs for each of the two city water options available to the Mayor
and the Common Council cost more than $20,000,000, and
WHEREAS, the tax burden for home and other property owners in the City of Ithaca has
reached beyond what working families, poor families and retired people who daily
struggle to stay in their homes are able to bear, and
WHEREAS, many of our nations water pipes and sewers were installed in the early part
of the 20th century, some as far back as the Civil War; and
August 6, 2008
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WHEREAS, as water systems age and the population grows, more and more leaks
develop and sewage overflows into our streams, rivers, lakes and oceans, creating
serious public health hazards; and
WHEREAS, public health agencies issued more than 20,000 warnings against
swimming at beaches on U.S. coasts in 2005, and a majority of beach closings are due
to sewage overflows and malfunctioning sewage plants; and
WHEREAS, the National Research Council recently warned that we should expect more
water-borne disease outbreaks if there are not substantial investments made to improve
our water pipes and systems; and
WHEREAS, there is currently a shortfall of more than $22 billion per year between the
funds available and what is needed to keep water safe for human and environmental
health; and
WHEREAS, the federal government has cut the main source of funding for clean water
year after year; and
WHEREAS, the spirit of the Clean Water Act and Safe Drinking Water Act are
threatened by lack of funding for water infrastructure; and
WHEREAS, according to a recent poll, nine out of ten Americans believe that clean and
safe water is a national priority that deserves federal investment; and
WHEREAS, there are federal trust funds for other major national investment needs like
highways and airports, yet the federal government has yet to establish a trust fund to
protect something all people need in order to survive, that is, water; now, therefore, be it
RESOLVED, That the City of Ithaca's Mayor and Common Council endorse a proposal
for a trust fund for clean and safe water based on the following principles:
- Pollution prevention and drinking water source protection;
- Water conservation by the largest water users, including agriculture and
industry
- Public participation and accountability for public officials;
- Access to affordable water;
- Public funds for public utilities;
- Environmentally sound use of our water resources;
- Developing and implementing innovative, environmentally sustainable
infrastructure, appropriate for local conditions;
- Appropriate fees for industries that pollute our water,
and, be it further
RESOLVED, That copies of the resolution be sent to Congressman Earl Blumenauer
from the State of Oregon, to New York State Congressmen Michael Arcuri and Maurice
Hinchey, and to New York Senators Charles Schumer and Hillary Clinton.
Alderperson Dotson thanked Alderperson Coles for shepherding this legislation through
the process and noted that she respects Congressman Blumenauer’s work and is
pleased to be associated with him.
A Vote on the Resolution resulted as follows:
Carried Unanimously
9.3 Attorney’s Office - Amendment of Capital Project Account #469, for Green
Street Parking Garage Rehabilitation - Resolution
By Alderperson Coles: Seconded by Alderperson Cogan
WHEREAS, as a result of a recent court award in the Goldberg v. City of Ithaca eminent
domain case, the cost of property acquisition for the Green Street Garage rehabilitation
project has increased significantly, pending appeal of said award by the City; now
therefore be it
August 6, 2008
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RESOLVED, That Capital Project Account #469 is hereby increased in an amount not
to exceed $500,000; and be it further
RESOLVED, That funds necessary for said amendment be derived from an advance
and later repaid by the issuance of serial bonds.
Alderperson Cogan stated that he was not happy about having to vote in support of this
resolution because he doesn’t agree with the decision that has been made; however, he
feels like he has to support it because otherwise it will cost the taxpayers more money
as it is a court order.
Alderperson Coles stated that a critical component of keeping downtowns alive and
thriving depends on people living downtown. She explained that the current housing
projects would not have been undertaken without the garage project.
City Attorney Hoffman provided a brief history of the Green Garage property (city owned
land sold to developer who promised to provide retail space; however, only the Dollar
Store was built). He stated that when the decision was made regarding the Cayuga
Green development it required either the rebuilding of the helix and bridge or the
construction of an internal ramp and the city needed to purchase the land back. A
professional appraiser was hired to appraise the land; however, the property owner
wanted more money. A deal was reached with the property owner for a “friendly taking”
which preserved the right to challenge the appraised value of the property.
Approximately one million dollars was paid, the owner challenged the appraisal and
went to court against the City. The Judge made an award to the property owner in the
amount of approximately $1.4 million dollars. He further explained that there is a
requirement that a municipality pay interest on the additional amount owed in the
amount of 6% which accrues until payment is made.
A Vote on the Resolution resulted as follows:
Ayes (8) Coles, Dotson, Rosario, Tomlan, Zumoff, Myrick, Schuler, Cogan
Nays (2) Clairborne, Korherr
Abstentions (0)
Carried
11. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE:
11.1 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
A. Declaration of Lead Agency for the Environmental Review – Resolution
By Alderperson Tomlan: Seconded by Alderperson Korherr
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 State and local law, and
WHEREAS, State law specifies that when an action is to be carried out or approved by
two or more agencies, the lead agency shall be the agency having principal
responsibility for carrying out or approving such 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 an “Unlisted” Action pursuant to the City
Environmental Quality Review Ordinance (“CEQRO”), requiring environmental review
under CEQRO, and
WHEREAS, since the proposed action will require the approval of both the Board of
Public Works (regarding the discontinuance) and the Common Council (regarding the
transfer of ownership rights and the agreement), both bodies are therefore involved
agencies, and
WHEREAS, the Common Council conducts and makes determinations regarding
August 6, 2008
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environmental reviews on a frequent basis, and is well prepared to undertake and
discharge that responsibility in this instance, in a timely manner, and
WHEREAS, on May 7, 2008, the Common Council of the City of Ithaca declared its
intention to act as the Lead Agency for the environmental review of the above-described
proposed action regarding University Avenue and directed that a Full Environmental
Assessment Form (“FEAF”) be prepared for the action, by the Department of Planning
and Development, and
WHEREAS, on June 13, 2008, Mayor Carolyn Peterson as Chair of the Board of Public
Works was notified of Common Council’s intention to act as Lead Agency with regard to
this action, and was provided with a completed Part 1 of the FEAF for this action,
together with notification that a lead agency must be designated within 30 calendar days
of such notification, and
WHEREAS, on July 2, 2008, a revised FEAF Part 1 and a Part 2 were provided to the
Mayor and the Superintendent of Public Works, and
WHEREAS, the July 2, 2008, documents initiated a new 30-day period within which a
Lead Agency must be designated, and
WHEREAS, at its meeting on July 9, 2008, the Board of Public Works gave itself power
to act at the July 16, 2008, Board of Public Works meeting, and
WHEREAS, at its meeting on July 16, 2008, the Board of Public Works agreed that the
Common Council should act as Lead Agency for the proposed action more fully
described above; now, therefore, be it
RESOLVED, That the City of Ithaca Common Council does hereby declare itself Lead
Agency for the environmental review for the action of the 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.
Carried Unanimously
B. Determination of Environmental Significance – Resolution
By Alderperson Tomlan: Seconded by Alderperson Zumoff
WHEREAS, the City of Ithaca is considering the discontinuance, as a public street, of a
portion of University Avenue which passes through the campus of Cornell University
and the transfer of the City’s property rights therein to Cornell, contingent upon the
execution of 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, and
WHEREAS, the Common Council of the City of Ithaca has declared itself to be the lead
agency for the environmental review of this proposed action, and
WHEREAS, for the purpose of such environmental review, the proposed action under
consideration is only the transfer of certain ownership rights in and responsibility for the
maintenance of the subject portion of University Avenue, and not any particular plan or
proposal for reconstruction or repair of the road, and
WHEREAS, maintenance and substantial repair of the subject portion of University
Avenue will need to be done in any case (i.e., regardless of ownership rights), because
of the current, deteriorated condition of the road’s subsurface, and
WHEREAS, the scope of necessary repairs to and reconstruction of the subject portion
of the road has not yet been determined; depending upon said scope, such work might
constitute either a Type II or Type I Action, in the latter case being subject to
environmental review distinct from this review as well as site plan review, and
WHEREAS, appropriate environmental review of the proposed action (discontinuance
coupled with a City/Cornell agreement as described above) has been conducted,
including the preparation of a Full Environmental Assessment Form (“FEAF”), and
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WHEREAS, the proposed action has been reviewed by the Tompkins County Planning
Department pursuant to §239-l–m of the New York State General Municipal Law, which
requires that all actions within 500 feet of a county or state facility, including county and
state highways, be reviewed by the County Planning Department, and has also been
distributed to the City of Ithaca Conservation Advisory Council and the City of Ithaca
Planning and Development Board, with comments having been received from the latter,
and
WHEREAS, the proposed action is an “Unlisted” Action under the City’s Environmental
Quality Review Ordinance, and
WHEREAS, the Common Council acting as Lead Agency, has reviewed the FEAF
prepared by the Department of Planning and Development; now, therefore, be it
RESOLVED, That the Common Council, as lead agency in this matter, hereby adopts
as its own the findings and conclusions more fully set forth in the Full Environmental
Assessment Form, Parts 1 and 2 (as dated July 2, 2008, and revised as of July 16,
2008, and dated August 4, 2008, and further revisions on August 6, 2008), and be it
further
RESOLVED, That the Common Council hereby determines that the proposed action at
issue (discontinuance coupled with an agreement between the City and Cornell
University regarding the reconstruction and future use of the street) will not have a
significant effect on the environment, and that further environmental review of that
action (not necessarily including any plan for reconstruction of the road) is unnecessary,
and be it further
RESOLVED, That this resolution constitutes notice of this negative declaration and that
the City Clerk is hereby directed to file a copy of the same, together with any
attachments, in the City Clerk’s Office, and forward the same to any other parties as
required by law.
Discussion followed on the floor regarding the amount of public controversy surrounding
this proposal and the impact of abandoning a street. It was determined that the public
controversy over the transfer of ownership of the road does not constitute an
environmental impact.
Amending Resolution:
By Alderperson Zumoff: Seconded by Alderperson
RESOLVED, That the box for #19 entitled “Complaints within the Community” on the
Environmental Assessment Form should be checked “yes” to indicate “small to
moderate” impact.
Motion failed for lack of second.
Amending Resolution:
By Alderperson Myrick: Seconded by Alderperson Coles
RESOLVED, That the box for # 19 of the Environmental Assessment Form have a “x” to
indicate “small to moderate” impacts.
Alderperson Rosario disclosed that he works for CU Alumni Affairs and Development.
He stated that he is in favor of selecting small to moderate impact on the Environmental
Assessment form based on the number of people who spoke at the meetings.
A vote on the Amending Resolution resulted as follows:
Ayes (8) Coles, Rosario, Clairborne, Zumoff, Myrick, Schuler, Cogan
Korherr
Nays (2) Dotson, Tomlan
Abstentions (0)
Carried (8-2)
August 6, 2008
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Amending Resolution:
By Alderperson Zumoff: Seconded by Alderperson Rosario
RESOLVED, That the Environmental Assessment Form be amended to check “yes” to
indicate that the environmental impact could be reduced by project change.
Ayes (7) Rosario, Clairborne, Zumoff, Tomlan, Myrick, Schuler Cogan
Nays (3) Dotson, Korherr, Coles
Abstentions (0)
Carried (7-3)
Alderperson Dotson expressed disappointment that the Environmental Assessment
form does not address greenhouse gas emissions. She has been working with staff to
find ways to modify the form to address these issues. She explained that her vote in
opposition indicates that the tool is not adequate for what Common Council is trying to
accomplish.
Mayor Peterson stated that this is an important project and that other Common Council
members who are interested in working on it are welcome to participate.
A vote on the Resolution resulted as follows:
Ayes (7) Coles, Rosario, Clairborne, Zumoff, Myrick, Cogan, Korherr
Nays (3) Dotson, Schuler, Tomlan
Abstentions (0)
Carried (7-3)
City Controller’s Report
Deputy City Controller Andrew reported on the work being conducted in preparation of
the 2009 budget season. He further reported that the 2007 books are being closed and
prepared for audit.
Possible Motion to Enter Into Executive Session to Discuss Collective Bargaining
- Resolution
By Alderperson Coles: Seconded by Alderperson Clairborne
RESOLVED, That Common Council enter into Executive Session to discuss collective
bargaining.
Carried Unanimously
Alderperson Korherr left the meeting at 9:15 p.m.
Reconvene:
Common Council reconvened into regular session with no formal action taken.
Executive Association Contract – Resolution
By Alderperson Coles: Seconded by Alderperson Myrick
RESOLVED, That Common Council approves the tentative agreement between the City
of Ithaca and the Executive Association Unit for a five-year term commencing January
1, 2007 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.
Ayes (9) Coles, Dotson, Clairborne, Rosario, Tomlan, Zumoff, Myrick,
Schuler, Cogan
Nays (0)
Abstentions (0)
Carried (9-0)
Alderperson Korherr absent from vote
REPORT OF SPECIAL COMMITTEES:
Alderperson Coles announced that capital cost overrun meetings to brainstorm policies
and ways to improve the system have been scheduled for September 11, 2008 from 12-
1:00 p.m., and September 15, 2008, 11:00 a.m. - 12:00 p.m. in the second floor
conference room at City Hall. She asked that Council members let the Mayor’s office
know if they would like to participate in these meetings.
August 6, 2008
12
Alderperson Tomlan reported that the City/Town Joint Study Group is close to wrapping
up their draft recommendations which will be forwarded to the Mayor and Town
Supervisor.
MAYOR’S APPOINTMENTS:
Mayor Peterson asked Council members to forward names to fill the many vacancies on
the various boards and committees.
Mayor Peterson requested volunteers from Council to serve on the Annual Recognition
Award committee. Alderpersons Coles, Zumoff, Tomlan, Clairborne, and Myrick
volunteered to serve on this committee.
REPORT OF CITY CLERK:
City Clerk Holcomb reported that the group that traveled to Charlottesville, Virginia in
June, 2008 would be giving a public presentation of the findings of their trip.
Charlottesville is a community similar to Ithaca and is about to embark on a renovation
project on their pedestrian mall. The presentation will include a “virtual tour” and a
report on the discussions held with Charlottesville officials.
City Clerk Holcomb further reported that the City’s first community newsletter was
launched on August 4, 2008. She thanked the City’s media partners who through their
reporting helped to establish the electronic distribution list. In addition, hard copy
distribution sites have been established throughout the City. City Clerk Holcomb
thanked Hency Yuen-Eng and Brian Ireley for their hard work on this project.
REPORT OF CITY ATTORNEY:
City Attorney Hoffman reported that there has been no new litigation.
MINUTES FROM PREVIOUS MEETINGS:
19.1 Approval of the July 2, 2008 Regular Common Council Meeting Minutes –
Resolution
By Alderperson Coles: Seconded by Alderperson Zumoff
RESOLVED, That the minutes of the July 2, 2008 Regular Common Council meeting be
approved with noted corrections.
Carried Unanimously
(Alderperson Korherr absent from vote)
ADJOURNMENT:
On a motion the meeting adjourned at 9:45 p.m.
______________________________ _______________________________
Julie Conley Holcomb, CMC Carolyn K. Peterson,
City Clerk Mayor