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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 2 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 August 6, 2008 3 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 August 6, 2008 4 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 August 6, 2008 5 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 6 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 7 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 8 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 9 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 August 6, 2008 10 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 11 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