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HomeMy WebLinkAboutMN-CC-2008-12-03COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 7:00 p.m. December 3, 2008 PRESENT: Mayor Peterson Alderpersons (10) Coles, Dotson, Rosario, Clairborne, Tomlan, Zumoff, Schuler, Myrick, Cogan, Korherr OTHERS PRESENT: City Clerk – Conley Holcomb City Attorney – Hoffman City Controller – Thayer Superintendent of Public Works – Gray Human Resources Director – Michell-Nunn Deputy Director of Economic Development - DeSarno 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 Item 8.3 entitled “Finance/Controller’s Office – Request to Amend 2008 Authorized Budget – Resolution” be removed from the consent agenda and placed as Item 10.4 under City Administration items. Mayor Peterson requested the addition of a Possible Executive Session to Discuss Proposed Litigation by the Town of Ithaca regarding the Steamboat Landing Site. No Council member objected. PROCLAMATIONS/AWARDS: Mayor Peterson proclaimed the week of December 1- 7, 2008 as Local First Week in the City of Ithaca. SPECIAL ORDER OF BUSINESS: 4.1 Pride of Ownership Awards – Presentation by Scott Whitham Scott Whitham and Peggy Haine, representing the City of Ithaca and the Ithaca Rotary Club presented the following Annual Pride of Ownership Awards: Joan and Sanford I. Weill Hall, Cornell University Todd Saddler and Laurie Konwinski, 302 Cascadilla Street Sciencenter, Charlie Trautman and Lara Kimber Minn’s Garden Gate, Cornell University, Laurene Gilbert, Hannah Carlson, Durand Van Doren, Sandy List Ithaca Bakery, Ramsey Brous, 400 North Meadow Street Porchfest, Fall Creek, Lesley Greene, Gretchen Hildreth PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: The following people addressed Council in support of Private Trevor Loope, who served in Afghanistan. Private Loope sustained physical injuries which were misdiagnosed, and has been recently diagnosed with Post Traumatic Stress Disorder. He is currently AWOL in his attempt to seek appropriate health care. He is on a mission to stop illegal wars and urge the military to provide better physical and mental health care to soldiers serving in the military. He came to the City of Ithaca, a declared “Sanctuary Community”, to request support from Common Council members as he returns to Fort Drum: John Hamilton, City of Ithaca Todd Ensign, Citizen Soldier Nathan Lewis, Iraq War Veteran Michael Blake, Iraq War Veteran Brian Casler, Iraq and Afghanistan Veteran December 3, 2008 2 Ellen Grady, City of Ithaca Troy Pasulka, Cornell University Student Joel Harlan, Town of Newfield Atif Chaudhry, City of Ithaca, addressed Council to voice his concern regarding claims of racism over the controversy of the relocation of the GIAC basketball court to Conway Park. Guy Gerard, City of Ithaca, addressed Council to express his gratitude for the work that they have completed throughout the year. He urged Council members to devote their focus to the City’s water source supply decision. PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR: Mayor Peterson thanked the speakers for their poignant and thoughtful statements. Alderperson Coles noted that she was very moved by the speakers’ comments. Alderperson Rosario thanked the speakers for their comments and noted that he was very moved by their testimony. He stated that he can’t sign a letter of support for Trevor tonight, but that he would be in touch with John Hamilton tomorrow to talk about this request. Alderperson Rosario reflected on the recent attacks in Mumbai, India and noted that many Ithacans have deep connections to India. He stated that the Ithaca community stands in solidarity with the people of Mumbai. He further announced that there would be a public information and input meeting on December 18, 2008 from 7:00 p.m. to 8:30 p.m. at Titus Towers I Community Room to discuss the proposed improvements to Wood Street Park for the relocation of the GIAC basketball league, and the physical upgrades needed for that basketball court. He stated that he understands why residents of the Conway Park area were not supportive of the relocation of the court to that park; however, comments were made regarding tire slashing in the Northside and within the community that had no basis. Alderperson Myrick thanked everyone for coming to the meeting. He also thanked Private Loope for his courage and noted that he would have a signed letter in support of his efforts tomorrow. Alderperson Cogan noted that the testimony given was very moving and succinct. He stated that he is glad that Ithaca’s actions have served to support the soldiers, and that he would like to take time to write his own letter of support, and would be happy to do whatever he could to help Private Loope in his efforts. Alderperson Korherr stated that it takes tremendous fortitude of character to stand alone against the military, and voiced her respect for Private Loope. She stated that she would have a letter of support for Private Loope as well. Alderperson Clairborne thanked the speakers for their comments and responded to comments made regarding support for Private Loope, the attacks in Mumbai, and the Conway Park issue. He stated that he would provide a letter of support for Private Loope as well. Mayor Peterson noted that the City of Ithaca has a fire fighter currently serving in Afghanistan and a Police Officer who returned from a recent tour of duty in Iraq and is preparing to leave for a second tour in the near future. The City supports these employees by extending health benefits to them while they serve their country. Alderperson Tomlan thanked everyone for coming to speak at the meeting and noted that she would provide a letter of support for Private Loope. She announced that there would be a public neighborhood input meeting regarding the IURA’s Community Development Five Year Plan at the Tompkins County Library on December 4, 2008 from 6:00 p.m. to 8:00 p.m. and noted that there would be a second opportunity to provide input on December 8, 2008 from 12 noon to 2 p.m. in Common Council Chambers, City Hall. December 3, 2008 3 Alderperson Dotson noted that Common Council would be given an award from Sustainable Tompkins on Sunday, December 7, 2008 for its support of the Carbon Tax and its Sustainable Energy Education & Communications learning program that the City workforce is working through. She further thanked everyone for coming to the meeting and noted that she would provide a letter in support of Private Loope as well. Mayor Peterson stated that the agreement and deed for the University Avenue transfer has been signed and filed by both parties. She further stated that she is beginning to think about committee structures and liaison appointments for next year and encouraged Council members to share their preferences with her. Mayor Peterson announced that there would be a brief special meeting of Common Council before the Community & Organizational Issues Committee meeting on December 16, 2008 to continue to field questions regarding the Commons Reconstruction Design project. CONSENT AGENDA ITEMS: City Administration Committee: 8.1 Human Resources - Request Increase for Employee Medical Flexible Spending Account - Resolution By Alderperson Cogan: Seconded by Alderperson Korherr WHEREAS, the City of Ithaca instituted a Flexible Spending Account for unreimbursed medical expenses in April 2002, and WHEREAS, the City originally established a two thousand dollar ($2,000) before tax limit for employee deductions, and WHEREAS, the Flexible Spending Account for unreimbursed medical expenses has been in effect for several years without incident, and WHEREAS, the current limit for the City employee Medical Flexible Spending account is $2,500, and WHEREAS, the City Controller and the Human Resources Director are therefore recommending that the amount be raised from $2500 to $3000, now therefore be it RESOLVED, That Common Council hereby authorizes a $500 increase for the Flexible Spending Account, from $2500 to $3000 for unreimbursed medical expenses. Carried Unanimously 8.2. Finance/Controller’s Office - Request Authorization to Cover Red Accounts - Resolution By Alderperson Cogan: Seconded by Alderperson Korherr RESOLVED, That the City Controller be empowered to make transfers within the 2008 Budget appropriations, as needed, for the remainder of the 2008 Fiscal year. Carried Unanimously 8.3 Finance/Controller’s Office - Request to Amend 2008 Authorized Budget - Resolution This item was moved to 10.4 under City Administration. Upon request the agenda was restructured so that the City Administration Committee could report out first. 10. CITY ADMINISTRATION COMMITTEE: 10.1 Fire Department - Authorization for Temporary Fire Lieutenant Position - Resolution By Alderperson Korherr: Seconded by Alderperson Clairborne WHEREAS, a current Ithaca Fire Department (IFD) Fire Lieutenant is a member of the New York National Guard, has been serving on active duty since January 2008, and is currently deployed in Afghanistan; and WHEREAS, it is anticipated the Fire Lieutenant will be required to continue on active duty with the military during early 2009; and December 3, 2008 4 WHEREAS, the current temporary Fire Lieutenant position that was created to provide staff coverage during the absence of the permanent incumbent is scheduled to expire on January 9, 2009, and WHEREAS, the Fire Chief is requesting that Common Council and the Civil Service Commission authorize the extension of the temporary Fire Lieutenant position to allow for continued staff coverage until the return of the permanent incumbent; now, therefore be it RESOLVED, That Common Council hereby authorizes the creation of a temporary fire lieutenant position in the Ithaca Fire Department, effective January 9, 2009, and to continue for a period of 90 days to insure adequate availability; and, be it further RESOLVED, That funds necessary to accomplish this in 2009 will be derived from existing appropriations in the 2009 budget. Alderperson Coles noted that given what Common Council heard tonight, this is a salient issue. This Mayor and Common Council understand the impact of war and try to do what it can to support its employees. A Vote on the Resolution resulted as follows: Carried Unanimously 10.2. Human Resources - Approval of Employee Standards of Conduct - Resolution By Alderperson Korherr: Seconded by Alderperson Schuler WHEREAS, in an effort to clearly communicate expectations and standardize practices across the City of Ithaca organization, the Senior Staff (Department Heads and Deputies) identified several organizational policies in need of documentation, and WHEREAS, a list of the organizational policies were distributed to the workforce for prioritization and based on the feedback, Senior Staff and the appropriate stake holders are in the process of documenting these policies, and WHEREAS, the workforce identified the Employee Standards of Conduct as a top priority for creating a culture that is welcoming for all individuals who work for the City or receive services from the City; now therefore be it RESOLVED, That the Ithaca Common Council approves the Summary of Standards of Conduct for City of Ithaca Employees, and be it further RESOLVED, That Common Council hereby directs each Department Head and Division Head be responsible for communicating and enforcing said policy. Alderperson Coles stated that she was very impressed by this policy and knows it will improve working conditions within the City. A Vote on the Resolution resulted as follows: Carried Unanimously Summary of Standards of Conduct for City of Ithaca Employees Statement of Purpose and Goals The Standards of Conduct for City of Ithaca Employees are behavioral expectations for employees to follow in order to create a safe, comfortable and productive work environment that exemplifies the City’s Vision, Mission, Values and Diversity Statement. This policy ensures that employees are informed of their responsibilities for accountability and ethical conduct, and that any potential violation is reviewed and reported in accordance with City procedures. City employees, as providers of public service, should be mindful that the City is a tax- supported entity and its citizens should receive the best quality and highest standard of service possible. Employees are agents of the City. Therefore, employee actions represent the City as an employer. December 3, 2008 5 The success of City operations is dependent on the trust and confidence among employees. We gain credibility by adhering to our commitments, displaying honesty and integrity, and reaching City goals through honorable conduct. The following describe workplace behaviors and the expectations for the City of Ithaca’s entire workforce and governing body. Failure to adhere to these standards may lead to corrective action, up to and including disciplinary action.  Respectful Engagement The City of Ithaca commits itself to ensuring that every City employee works in an environment where s/he is treated with dignity and respect. Such an environment enables individuals to work to their full potential, which inevitably benefits the community. Respectful behavior is exhibited in various ways. Examples include but are not limited to showing up on time for work or meetings, following through on work assignments, sharing information needed by others to perform their job, accepting differences, treating everyone with decency, etc.  Professionalism In the Workplace City of Ithaca employees are expected to behave in a courteous, respectful and mature manner. Disorderly conduct (including but not limited to fighting, arguing, negative non-verbal behavior and swearing at work) should not occur. Undignified behaviors discredit you as a City employee, the department and the City. Employees should keep in mind that only seven (7) percent of communication effectiveness is determined by the words used; and ninety-three (93) percent is determined by non-verbal behaviors (eye contact, gestures, tone, facial expressions, body stance, etc). Employees should be mindful that it is not only what you say that determines your professional demeanor, but also how you say it.  Service Excellence The City of Ithaca workforce wishes to provide the highest quality of service to its residents and visitors. This is accomplished by being responsive to the needs of the community. There will be times when we are not able to meet all demands requested; nonetheless, those making the request should always feel respected and heard.  Health and Safety Adherence The City of Ithaca is dedicated to maintaining a healthy and safe environment. A safety manual has been designed by the Safety Committee to educate employees on safety in the workplace. Employees are expected to adhere to City safety guidelines as well as state and federal laws regarding health and safety.  Avoidance of Conflicts of Interest City employees must exercise their official duties solely in the public interest and must avoid actual conflicts of interest to the greatest extent possible. City employees should avoid circumstances which compromise their ability to make impartial judgments solely in the public interest and should, to the greatest extent possible, avoid even the appearance of conflict of interest. No city employee shall knowingly take any action or incur any obligation of any nature which is in conflict with or might reasonably tend to conflict with the proper discharge of his or her duties.  Drugs/Alcohol Free Reporting to work under the influence of alcohol, illegal drugs, or any legal drugs which could endanger your well-being or the well-being of others is strictly prohibited. The unlawful manufacture, distribution, dispensing, possession, or use of controlled substances in the workplace is also prohibited. December 3, 2008 6  Responsible Use of City Property City resources, including time, materials, equipment and information, are provided for City business use. Employees are expected to behave responsibly and use good judgment to conserve City resources. The City reserves the right to monitor or examine any City-issued property. The City will not tolerate the use of City resources to create, access, store, print, solicit or send any materials that are harassing, threatening, abusive, sexually explicit or otherwise offensive or inappropriate.  Appropriate Attire Employees are expected to present a professional image appropriate to the type of work performed. Employees should never wear anything that will offend another employee or the public, in accordance with a reasonable person’s standards.  Protect Confidentiality and Privacy Each person is entitled to have his/her personal and confidential information held by the City protected. We must treat confidentiality and individual privacy as an unconditional right.  Effective Communications The City is striving to create an organization where employees are well informed and understand the underlying philosophy that drives the City of Ithaca’s operations. The goal is to have a City that solves problems, shares information, works collaboratively, improves the City’s performance and supports the City’s Vision, Mission and Values. Employees expect consistency and timeliness of shared information, the use of proper communication tools, and participation in learning sessions.  Leadership Accountability and Enforcement Ultimate accountability for compliance and enforcement lies with the senior leadership and legislative body. Senior leadership and legislators have the added responsibility for demonstrating, through their actions, the importance of these standards of conduct. Senior leadership is also governed by a set of rules developed to specifically assist them in upholding these standards. Leadership must be responsible for promptly addressing actions that violate the City of Ithaca Standards of Conduct. Leadership will be held accountable for exhibiting and enforcing expected behaviors in the performance of our jobs. Reporting of Violations If you witness a violation of these standards, you may do any of the following: (1) address the situation directly with the co-worker, (2) report it to your supervisor or any departmental senior staff person, (3) report it to a representative in the Human Resources Department, or (4) complete an Unacceptable Behavior Incident Report Form (available from any administrative support staff or Human Resources). In order to make the work environment better for all employees, each of us must act as a steward of these Standards of Conduct. 10.3 A Resolution Authorizing the Issuance of $2,852,000 Bonds of the City of Ithaca, Tompkins County, New York, to Pay the Cost of Certain Capital Improvements in and for said City By Alderperson Korherr: Seconded by Alderperson Cogan WHEREAS, all conditions precedent to the financing of the capital projects hereinafter described, including compliance with the provisions of the State Environmental Quality Review Act, have been performed; and December 3, 2008 7 WHEREAS, it is now desired to authorize the financing of such capital projects; now, therefore, be it RESOLVED, by the affirmative vote of not less than two-thirds of the total voting strength of the Common Council of the City of Ithaca, Tompkins County, New York, as follows: Section 1. For the object or purpose of paying the cost of certain capital improvements in and for the City of Ithaca, Tompkins County, New York, there are hereby authorized to be issued $2,852,000 bonds of said City pursuant to the provisions of the Local Finance Law, apportioned among such capital improvements in accordance with the maximum estimated cost of each. The capital improvements to be financed pursuant to this bond resolution, the maximum estimated cost of each, the amount of serial bonds to be authorized therefore, the period of probable usefulness of each, and whether said capital improvements are each a specific object or purpose or a class of objects or purposes is as follows: a) Additional design costs for reconstruction of Prospect Street from S. Aurora Street to Turner Place, including street, sidewalk and other incidental improvements and expenses, at a maximum estimated cost $143,000 (Revised maximum estimated cost: $214,000). It is hereby determined that the plan for the financing of such class of objects or purposes shall consist of the issuance of $143,000 bonds of the $2,852,000 bonds of said City authorized to be issued pursuant to this bond resolution. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is five years, pursuant to subdivision 62(2nd)of paragraph a of Section 11.00 of the Local Finance Law; b) Slope stabilization on the southeast side of the Spencer Street traffic circle to prevent slope failure, including incidental improvements and expenses at a maximum estimated cost $286,000. It is hereby determined that the plan for the financing of such specific object or purpose shall consist of the issuance of $286,000 bonds of the $2,852,000 bonds of said City authorized to be issued pursuant to this bond resolution. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is 5 years, pursuant to subdivision 35 of paragraph a of Section 11.00 of the Local Finance Law; c) Improvement and reconstruction work at the City Court Facility, including equipment, machinery, apparatus, appurtenances and incidental improvement and expenses, at a maximum estimated cost $745,000. It is hereby determined that the plan for the financing of such specific object or purpose shall consist of the issuance of $745,000 bonds of the $2,852,000 bonds of said City authorized to be issued pursuant to this bond resolution. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is 25 years, pursuant to subdivision 12(a)(1) of paragraph a of Section 11.00 of the Local Finance Law; d) Reconstruction of the 300 Block of East State Street, including sidewalk, storm sewers, and other incidental improvements and expenses in connection thereto, at a maximum estimated cost $340,000. It is hereby determined that the plan for the financing of such specific object or purpose shall consist of the issuance of $340,000 bonds of the $2,852,000 bonds of said City authorized to be issued pursuant to this bond resolution. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is 15 years, pursuant to subdivision 20(c) of paragraph a of Section 11.00 of the Local Finance Law; e) Improvement and reconstruction work at the Warm Storage Building in said City, including equipment, machinery, apparatus, appurtenances and incidental improvements and expenses, at a maximum estimated cost $115,000. It is hereby determined that the plan for the financing of such specific object or purpose shall consist of the issuance of $115,000 bonds of the $2,852,000 bonds of said City authorized to be issued pursuant to this bond resolution. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is 25 years, pursuant to subdivision 12(a)(1) of paragraph a of Section 11.00 of the Local Finance Law; December 3, 2008 8 f) The replacement of the Ithaca Police Department Mobile Command Vehicle in and for said City, including incidental equipment and expenses in connection therewith, at a maximum estimated cost $250,000. It is hereby determined that the plan for the financing of such specific object or purpose shall consist of the issuance of $250,000 bonds of the $2,852,000 bonds of said City authorized to be issued pursuant to this bond resolution. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is 10 years, pursuant to subdivision 25 of paragraph a of Section 11.00 of the Local Finance Law; g) The acquisition of equipment, the cost of each item of which is $30,000 or over, for said City, at a maximum estimated cost $347,000. It is hereby determined that the plan for the financing of such class of objects or purposes shall consist of the issuance of $347,000 bonds of the $2,852,000 bonds of said City authorized to be issued pursuant to this bond resolution. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is 15 years, pursuant to subdivision 28 of paragraph a of Section 11.00 of the Local Finance Law; h) The acquisition of police vehicles, including incidental equipment in and for said City, at a maximum estimated cost of $50,000. It is hereby determined that the plan for the financing of such class of objects or purposes shall consist of the issuance of $50,000 bonds of the $2,852,000 bonds of said City authorized to be issued pursuant to this bond resolution. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is 3 years, pursuant to subdivision 77(1st) of paragraph a of Section 11.00 of the Local Finance Law; i) The acquisition of new transit equipment in and for said City, at a maximum estimated cost $76,000. It is hereby determined that the plan for the financing of such class of objects or purposes shall consist of the issuance of $76,000 bonds of the $2,852,000 bonds of said City authorized to be issued pursuant to this bond resolution. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is 5 years, pursuant to subdivision 29 of paragraph a of Section 11.00 of the Local Finance Law; j) Acquisition of land in connection with the reconstruction of the parking garage on Green Street in said City, at a maximum estimated cost $500,000. It is hereby determined that the plan for the financing of such specific object or purpose shall consist of the issuance of $500,000 bonds of the $2,852,000 bonds of said City authorized to be issued pursuant to this bond resolution. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is 30 years, pursuant to subdivision 29 of paragraph a of Section 11.00 of the Local Finance Law. Section 2. The aggregate maximum estimated cost of the aforesaid objects or purposes is $2,852,000, and the plan for the financing thereof is by the issuance of the $2,852,000 serial bonds authorized by Section 1 hereof, allocated to each of the objects or purposes in accordance Section 1 hereof. Section 3. The faith and credit of said City of Ithaca, Tompkins County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such obligations as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such obligations becoming due and payable in such year. There shall annually be levied on all the taxable real property of said City, a tax sufficient to pay the principal of and interest on such obligations as the same become due and payable. Section 4. Such bonds shall be in fully registered form and shall be signed in the name of the City of Ithaca, Tompkins County, New York, by the manual or facsimile signature of the City Controller and a facsimile of its corporate seal shall be imprinted or impressed thereon and may be attested by the manual or facsimile signature of the City Clerk. Section 5. The powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the City Controller, who shall advertise such bonds for sale, conduct the sale, and award the bonds in such manner as the City Controller shall deem best for the interests of the City. December 3, 2008 9 Section 6. All other matters, except as provided herein relating to such bonds, including determining whether to issue such bonds having substantially level or declining debt service and all matters related thereto, prescribing whether manual or facsimile signatures shall appear on said bonds, prescribing the method for the recording of ownership of said bonds, appointing the fiscal agent or agents for said bonds, providing for the printing and delivery of said bonds (and if said bonds are to be executed in the name of the City by the facsimile signature of the City Controller, providing for the manual countersignature of a fiscal agent or of a designated official of the City), the date, denominations, maturities and interest payment dates, place or places of payment, and also including the consolidation with other issues, shall be determined by the City Controller. It is hereby determined that it is to the financial advantage of the City not to impose and collect from registered owners of such serial bonds any charges for mailing, shipping and insuring bonds transferred or exchanged by the fiscal agent, and, accordingly, pursuant to paragraph c of Section 70.00 of the Local Finance Law, no such charges shall be so collected by the fiscal agent. Such bonds shall contain substantially the recital of validity clause provided for in section 52.00 of the Local Finance Law and shall otherwise be in such form and contain such recitals in addition to those required by section 52.00 of the Local Finance Law, as the City Controller shall determine. Section 7. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said City is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 8. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150-2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 9. This resolution, which takes effect immediately, shall be published in full or summary form in the Ithaca Journal, the official newspaper, together with a notice of the City Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: Alderperson Coles VOTING Aye Alderperson Dotson VOTING Aye Alderperson Rosario VOTING Aye Alderperson Clairborne VOTING Aye Alderperson Zumoff VOTING Aye Alderperson Tomlan VOTING Aye Alderperson Schuler VOTING Aye Alderperson Myrick VOTING Aye Alderperson Korherr VOTING Aye Alderperson Cogan VOTING Aye The resolution was thereupon declared duly adopted. Carried Unanimously 10.4 Finance/Controller’s Office - Request to Amend 2008 Authorized Budget - Resolution WHEREAS, over the past few months various departments have received several revenue amounts with related expenditures from various sources that were unanticipated and need to be accounted for, and December 3, 2008 10 WHEREAS, the revenue sources are various and include a New York State Department of Education Archive and Records Administration Grant, New York State Hazard Abatement Board Occupational Safety and Health Training and Education Program Grant, Police Department Insurance reimbursement and tree removal work reimbursements that total $74,655; now, therefore be it RESOLVED, That Common Council hereby amends the 2008 authorized budget for the purposes of accounting for various revenues and related expenses as follows: Increase Revenue Accounts: A1430-3489 State Aid Other Health $ 9,213 A1460-3060 State Aid Records Management 30,886 A3120-2680 Insurance Recoveries 7,631 A7111-2705 Gifts and Donations – Forestry 600 A7111-1710 Public Works Services – Forestry 26,325 $74,655 Increase Appropriation Accounts: A1430-5435 Contracts HR $ 9,213 A1460-5120 Hourly P/T Records Management 28,000 A1460-9030 FICA 2,142 A1460-9040 Workers’ Comp. 744 A3120-5476-5001 Police Equipment Maintenance 7,631 A7111-5485 Trees – parks & Forestry 26,925 $74,655 Carried Unanimously 10.5 Controller’s Report City Controller Thayer reported to Council on the following items:  It appears that 2008 aid to cities will remain unchanged.  Governor Paterson will make a statement on December 16, 2008 regarding projected state aid to cities for 2009-2010.  The economy is in a recession, and there is concern about the sales tax revenues. At this point sales tax revenues are still projected to be higher than the budgeted figures.  The reduction in fuel costs has had a positive impact on the 2008 operating budget and could possibly impact the 2009 budget.  2008 fine revenues are ahead of budget, parking revenues (meters and garages) are also ahead of budget.  Overtime for 2008 was budgeted at $814,000; but could be $200,000 to $250,000 over budget.  The 2008 retirement payment is due December 18, 2008 and is $2.4 million.  The auditors are working on 2007 activity  Health insurance costs are very high and running over budget. The City is looking for savings through the health insurance consortium that has been formed. Motion to Enter Into Executive Session to Discuss Proposed Litigation by the Town of Ithaca Regarding the Steamboat Landing site – Resolution By Alderperson Korherr: Seconded by Alderperson Myrick RESOLVED, That Common Council enter into Executive Session to Discuss Proposed Litigation by the Town of Ithaca Regarding the Steamboat Landing site. Carried 9-0 (Alderperson Cogan absent from vote) Reconvene: Common Council reconvened into regular session with no formal action taken. Alderperson Coles left the meeting at 9:15 p.m. December 3, 2008 11 9. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE: 9.1 Support for the Energy and Greenhouse Gas Emissions Element as an Amendment to the Tompkins County Comprehensive Plan – Resolution By Alderperson Tomlan: Seconded by Alderperson Cogan WHEREAS, in December 2004, the Tompkins County Legislature adopted the Tompkins County Comprehensive Plan to guide County program development and decision-making based on a community-defined vision of future growth and development in Tompkins County, and the Common Council of the City of Ithaca expressed its support for this plan in a resolution passed unanimously on December 1, 2004, and WHEREAS, during Tompkins County’s comprehensive planning process, energy and greenhouse gas emissions were identified as important topics to be included in the Tompkins County Comprehensive Plan, but were temporarily delayed for study due to limited resources, and WHEREAS, the Tompkins County Planning Department, with guidance and advice from the Tompkins County Planning Advisory Board and with significant participation from the Tompkins County Environmental Management Council, has now developed an Energy and Greenhouse Gas Emissions element to be added to the Tompkins County Comprehensive Plan that addresses the local energy challenge, and WHEREAS, the County has, through its Department of Planning, engaged in an extensive outreach effort to solicit public input and determine public support for the Energy and Greenhouse Gas Emissions element’s principles, policies, and action items as a means for providing leadership and guiding decision-making on energy and greenhouse gas emissions in the community, and WHEREAS, the City of Ithaca has expressed its commitment to reducing greenhouse gas emissions from its own operations and from the community as a whole, particularly by adopting a Local Action Plan to Reduce Greenhouse Gas Emissions on July 5, 2006, and has continued work since then to achieve, and to measure progress toward, this goal, and WHEREAS, the City of Ithaca is a member of the Tompkins County Climate Protection Initiative, the International Council for Local Environmental Issues, and other groups and efforts, and in this and other ways works in collaboration with other municipalities and institutions toward reducing the greenhouse gas emissions from City operations and from the activities of the Ithaca community as a whole, and WHEREAS, the County’s Energy and Greenhouse Gas Emissions element promotes community-wide reduction in energy demand, improvements to energy efficiency, transition to renewable sources of energy, and the reduction of greenhouse gas emissions, all of which are consistent with the City of Ithaca’s goals as stated in its Local Action Plan and elsewhere, and WHEREAS, the element supports other principles and policies of the Tompkins County Comprehensive Plan, for which the City of Ithaca’s Common Council has already expressed support, such as nodal development patterns, developing alternative transportation options, investing in local jobs and business opportunities, and protecting rural resources and natural features, and WHEREAS, the Tompkins County Legislature will consider adoption of an Energy and Greenhouse Gas Emissions element as an amendment to the Tompkins County Comprehensive Plan on December 16, 2008, following a public hearing on December 2, 2008, and WHEREAS, the Tompkins County Comprehensive Plan as a whole provides a strategic framework for addressing issues of mutual concern to municipalities throughout the County, and it is therefore appropriate and fitting for other municipalities, including the City of Ithaca, to comment on elements of the plan; now, therefore, be it December 3, 2008 12 RESOLVED, That the Common Council of the City of Ithaca supports Tompkins County’s adoption of the Energy and Greenhouse Gas Emissions element as an amendment to the Tompkins County Comprehensive Plan, and be it further RESOLVED, That the Common Council of the City of Ithaca intends to address the issues of energy and greenhouse gas emissions as the City develops its own Comprehensive Plan. Alderperson Tomlan thanked Alderperson Dotson for her work on this legislation and coordination with Tompkins County. Mayor Peterson shared a letter of support written by the Local Action Plan Committee that she will sign and send to the County. Alderperson Dotson reflected on the Local Action Plan Committee discussion regarding the costs associated with these actions. A Vote on the Resolution resulted as follows: Carried Unanimously (9-0) (Alderperson Coles absent from the vote) 9.2 Proposed Authorization to Enter Into a Long-Term Agreement with the State of New York, Providing for Management of the City-Owned “Festival Lands” A. Designation of Lead Agency for the Environmental Review – Resolution By Alderperson Tomlan: Seconded by Alderperson Korherr WHEREAS, the City of Ithaca is the owner of certain lands in the City, contiguous with the Allan H. Treman State Marine Park, which City-owned lands are comprised of Tax Map Parcel No. 2-1-1.3, commonly referred to as the “Festival Lands,” and a small, adjacent portion of Tax Map Parcel No. 2-1-1.2 (north and east, respectively, of the marina entrance road and the driveway to the State Park maintenance building), and WHEREAS, the State of New York, through its Office of Parks, Recreation and Historic Preservation (hereinafter “Parks”), has proposed that the City and the State enter into a long-term agreement pursuant to which Parks would have the authority and responsibility to manage, operate and maintain the Festival Lands (together with the small parcel referred to above) for recreational, educational and conservation purposes (including provision of a fenced, off-leash area for dogs) and according to the same standards applied to the adjacent State Park land, otherwise consistent with the approved 1995 Master Plan for the State Park and subject to certain other conditions and limitations, and WHEREAS, representatives of the City and Parks have together developed the proposed terms of such an agreement, and WHEREAS, the approval and execution of such an agreement, which involves the approval of the Common Council and the State of New York, appears to be an unlisted action under the State Environmental Quality Review Act (“SEQRA”) and a Type 1 action under the City’s Environmental Quality Review Ordinance (“CEQRO”), thus requiring environmental review, and WHEREAS, pursuant to the City of Ithaca Charter, the Board of Public Works has certain responsibilities with regard to City-owned lands and may therefore be an involved agency, and WHEREAS, on November 5, 2008, the Common Council declared its intention to act as lead agency for the environmental review of this proposed action, and WHEREAS, on November 12, 2008, the Board of Public Works adopted a resolution in which it consents to the Common Council’s acting as lead agency, and expresses its general agreement with and support of the terms and conditions of the proposed agreement “as a manner of resolving a number of outstanding issues between the City and certain State agencies,” and December 3, 2008 13 WHEREAS, by letter dated November 13, 2008, from its Regional Director, Tim Joseph, the New York State Office of Parks, Recreation and Historic Preservation indicated its consent to Common Council’s acting as lead agency in this matter; now, therefore, be it RESOLVED, That the Common Council of the City of Ithaca does hereby designate itself as Lead Agency for the environmental review of the proposed management agreement for the Festival Lands. Carried Unanimously (9-0) (Alderperson Coles absent from the vote) B. Determination of Environmental Significance – Resolution By Alderperson Tomlan: Seconded by Alderperson Cogan WHEREAS, by resolution adopted on December 3, 2008, the Common Council of the City of Ithaca designated itself as Lead Agency for the environmental review of a proposed Management Agreement between the City and the State of New York, through its Office of Parks, Recreation and Historic Preservation (hereinafter “Parks”), for certain lands in the City, contiguous with the Allan H. Treman State Marine Park, which City-owned lands are comprised of Tax Map Parcel No. 2-1-1.3, commonly referred to as the “Festival Lands,” and a small, adjacent portion of Tax Map Parcel No. 2-1-1.2 (north and east, respectively, of the marina entrance road and the driveway to the State Park maintenance building), and WHEREAS, Parks has proposed that the City and the State enter into a long-term agreement pursuant to which Parks would have the authority and responsibility to manage, operate and maintain the Festival Lands (together with the small parcel referred to above) for recreational, educational and conservation purposes only (including provision of a fenced, off-leash area for dogs) and according to the same standards applied to the adjacent State Park land, otherwise consistent with the approved 1995 Master Plan for the State Park and subject to certain other conditions and limitations, and WHEREAS, on December 3, 2008, the Common Council declared itself to be the Lead Agency for the environmental review of this proposed action, and WHEREAS, appropriate environmental review of the proposed action has been conducted, including the preparation of a Full Environmental Assessment Form (“FEAF”), and WHEREAS, the proposed action has been reviewed by the Tompkins County Planning Department pursuant to §239-l and -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’s Conservation Advisory Council and Planning and Development Board, and WHEREAS, the Common Council, acting as Lead Agency in this matter, has reviewed the FEAF prepared by City staff, and WHEREAS, the proposed action does not authorize any physical changes to the land in question that are not already permitted or that have not already been subject to environmental review in other contexts; now, therefore, be it RESOLVED, That the Common Council hereby adopts as its own the findings and conclusions more fully set forth in the Full Environmental Assessment Form, and be it further RESOLVED, That the Common Council hereby determines that the proposed action at issue will not have a significant effect on the environment, and that further environmental review is unnecessary, and be it further December 3, 2008 14 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 to forward the same to any other parties, as required by law. Carried Unanimously (9-0) (Alderperson Coles absent from the vote) C. Approval of Management Agreement Between the City of Ithaca and the State of New York, for the City-Owned “Festival Lands” – Resolution By Alderperson Tomlan: Seconded by Alderperson Zumoff WHEREAS, the City of Ithaca is the owner of certain lands in the City, contiguous with the Allan H. Treman State Marine Park, which City-owned lands are comprised of Tax Map Parcel No. 2-1-1.3, commonly referred to as the “Festival Lands,” and a small, adjacent portion of Tax Map Parcel No. 2-1-1.2 (north and east, respectively, of the marina entrance road and the driveway to the State Park maintenance building), and WHEREAS, the State of New York, through its Office of Parks, Recreation and Historic Preservation (hereinafter “Parks”), has proposed that the City and the State enter into a long-term agreement pursuant to which Parks would have the authority and responsibility to manage, operate and maintain the Festival Lands (together with the small parcel referred to above) for recreational, educational and conservation purposes (including provision of a fenced, off-leash area for dogs) and according to the same standards applied to the adjacent State Park land, otherwise consistent with the approved 1995 Master Plan for the State Park and subject to certain other conditions and limitations, and WHEREAS, representatives of the City and Parks have together developed the proposed terms of such an agreement, and WHEREAS, on November 12, 2008, the City’s Board of Public Works, which, pursuant to the City’s Charter, has certain responsibilities with regard to City-owned lands, adopted a resolution which states that “the Board generally agrees with and supports the terms and conditions of the proposed agreement with State Parks as a manner of resolving a number of outstanding issues between the City and certain State agencies as well as providing a local dog park through a State agency, to meet the needs of the larger community,” and WHEREAS, the proposed agreement would indeed resolve decades of friction between the City and State regarding the treatment of the Festival Lands and would relieve the City of the burden of maintaining the land, while maintaining City ownership of that important property as well as free public access to the State Park; in addition, the agreement would eliminate any competing interest on the part of Parks in the important parcel of land on Inlet Island now owned by the New York State Department of Environmental Conservation, and WHEREAS, the Common Council, acting as lead agency, has completed the environmental review of this action, and has determined that it will have no significant, negative impact on the environment; now, therefore, be it RESOLVED, That the Common Council hereby endorses and approves the proposed “Cooperative Operation and Maintenance Agreement For City of Ithaca Festival Lands” (as drafted 10/30/08), and be it further RESOLVED, That the Mayor be and hereby is authorized to execute such Agreement, on behalf of the City of Ithaca, together with any other documents required for its proper implementation. Amending Resolution: By Alderperson Tomlan: Seconded by Alderperson Zumoff RESOLVED, That the first Resolved clause be amended to indicate “as dated 11/24/08”. Carried Unanimously (9-0) (Alderperson Coles absent from the vote) December 3, 2008 15 Discussion followed on the floor regarding how the agreement would be monitored and what property this agreement includes. Alderperson Tomlan thanked all the parties involved in the process to this point including members of the public, Common Council members, the Mayor, City Attorney, Department of Public Works, Planning Department, and Tim Joseph from New York State Parks. Alderperson Korherr echoed Alderperson Tomlan’s comments and noted that it was bittersweet that no one from the public was at the meeting to witness the approval of this agreement. Main Motion As Amended: A Vote on the Main Motion As Amended Resulted as Follows: Carried Unanimously (9-0) (Alderperson Coles absent from the vote) 9.3 An Ordinance to Amend Chapter 164 of the City of Ithaca Municipal Code, Entitled “Dogs and Other Animals” By Alderperson Tomlan: Seconded by Alderperson Korherr WHEREAS, on April 2, 2008, the Common Council of the City of Ithaca enacted an Ordinance which amended Chapter 164 of the City’s Municipal Code so as to extend, until December 31, 2008, a temporary exemption from the requirement that all dogs on public property be on a leash, specifically for a designated, fenced, “off-leash” area located wholly or partially on the City-owned “Festival Lands,” and WHEREAS, on December 3, 2008, the Common Council approved a 25-year “Cooperative Operation and Maintenance Agreement” for the Festival Lands, between the City and the State of New York, pursuant to which Agreement the State will maintain a fenced, off-leash area for the duration of the Agreement, on the Festival Lands and/or adjacent lands of the Allan H. Treman State Marine Park (and will assume responsibility for any further environmental review required for such off-leash area); now, therefore, ORDINANCE 08- BE IT ORDAINED AND ENACTED, by the Common Council of the City of Ithaca, as follows: SECTION 1. Chapter 164 (“Dogs and Other Animals”), Article III (“Dogs”), Section 164- 9 (“Prohibited Acts”), subsection B, of the City of Ithaca Municipal Code, is hereby amended to read as follows: §164-9. Prohibited Acts. B. Temporary Exemption: Effective as of April 4, 2008 January 1, 2009, and for the duration of the period described below, Subdivision A.1, above, shall not apply to owners whose dogs are off-leash in the fenced portion of the area owned by the City (and managed by New York State pursuant to an Agreement between the City and the State) known as the “Festival Lands,” which Lands are adjacent to Allan H. Treman State Marine Park and which are shown as “Parcel B” on a survey map of Cass Park dated August 15, 2001, by T.G. Miller, PC (which fenced area subject to this exemption may extend on to immediately adjacent State Park lands), provided that such owners are in compliance with all rules and regulations duly established by the Board of Public Works for such off-leash area. This exemption shall continue until December 31, 2008. SECTION 2. Severability. Severability is intended throughout and within the provisions of the ordinance. If any section, subsection, sentence, clause, phrase or portion of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall not affect the validity of the remaining portions of this ordinance. SECTION 3. Effective Date. This Ordinance shall take effect immediately and in accordance with law upon publication of notice as provided in the Ithaca City Charter. Carried Unanimously (9-0) (Alderperson Coles absent from vote) December 3, 2008 16 COMMUNITY & ORGANIZATIONAL ISSUES COMMITTEE: Alderperson Clairborne reported that the committee approved amendments to the Towing Ordinance, but concerns arose regarding the proposal to grant authority to tow vehicles twenty-four (24) hours after a significant snow event. He stated that a group of staff members would meet to discuss the proposed new language and bring it back to the committee with potential towing fee increases as well. 12. REPORT OF SPECIAL COMMITTEES: There were no reports from Special Committees. 13. NEW BUSINESS: There was no new business. 14. INDIVIDUAL MEMBER – FILED RESOLUTIONS: 14.1 Fire Department – Request to Extend City/Town Fire Memorandum of Understanding (MOU) - Resolution By Alderperson Clairborne: Seconded by Alderperson Korherr WHEREAS, the current five year City of Ithaca and Town of Ithaca Fire Protection contract expired on December 31, 2007, and WHEREAS, the MOU was extended by both parties until January 1, 2009, and WHEREAS, both sides continues to negotiate a new contract but will not complete the process prior to January 1, 2009, and WHEREAS, the provisions of the said contract will continue in force while negotiations on the terms and conditions of a new contract continue; now, therefore be it RESOLVED, That the terms and conditions of the existing contract be extended through December 31, 2009, unless a successor agreement is ratified by respective legislative bodies per attached Memorandum of Understanding (MOU), and be it further RESOLVED, That Common Council hereby authorizes the Mayor to execute the MOU dated December 3, 2008 for said contract extension. Alderperson Clairborne reported that this is the third extension of this Memorandum of Understanding. He noted that new concerns continue to arise and some are related to conflicts between Town Law and City Law. He reported that they are close to coming to a complete agreement of the terms. A Vote on the Resolution resulted as follows: Carried Unanimously (9-0) (Alderperson Coles absent from vote) MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding, executed on December _____, 2008, sets forth the understanding of the parties as follows: A. On March 10, 2003, the City of Ithaca and Town of Ithaca entered into a renewed fire protection contract, for the provision of fire and emergency medical services for a portion of the Town of Ithaca; and B. The fire protection contract entered into between the parties on March 10, 2003, by its terms expired on December 31, 2007; and C. The provisions of said contract will continue in force, at the 2007 payment level, while negotiations on the terms and conditions of a new 5-year contract progress; and D. The terms and conditions of the contract entered into between the parties on March 10, 2003, shall be extended and continue in full force and effect through December 31, 2009, unless the parties mutually agree to different terms prior to such date; and December 3, 2008 17 E. In addition to the foregoing, the Town of Ithaca will make payments to the City of Ithaca, as described in section 5 of said agreement, as a portion of the total share due under the terms of the fire protection agreement in 2007. SO AGREED: CITY OF ITHACA TOWN OF ITHACA BOARD OF FIRE COMMISSIONERS 15. MAYOR’S APPOINTMENTS: 15.1 Appointment to Tompkins Consolidated Area Transit Board - Resolution By Alderperson Cogan: Seconded by Alderperson Dotson RESOLVED, That Nancy Schuler be appointed to the Tompkins Consolidated Area Transit Board with a term to expire December 31, 2011 Alderperson Cogan stated that he nominated Alderperson Schuler because of her past experience and advocacy of transit issues. He further stated that Alderperson Zumoff has done a good job serving on this board but that “new blood” is always a good idea. Alderperson Zumoff stated that he has served three years on the board and has enjoyed it immensely. He agrees that “new blood” is always a good thing. Alderperson Tomlan offered her thanks to Alderperson Zumoff for serving on the TCAT Board and noted that she appreciates his dedication. She also appreciates Alderperson Schuler’s past work on transit issues. Alderperson Schuler thanked Council for putting her name forward for this appointment and explained that she has been working on transit issues for a long time. A Vote on the Resolution resulted as follows: Ayes (8) Dotson, Clairborne, Rosario, Tomlan, Zumoff, Myrick, Cogan Korherr Nays (0) Abstentions (1) Schuler Carried (8-0-1) (Alderperson Coles absent from vote) Alderperson Korherr left the meeting at 10:00 p.m. Discussion followed on the floor regarding City staff serving on Boards and the need for a policy to be developed. 15.2 Appointments-Reappointments to Various Boards and Committees Board of Public Works – Resolution: By Alderperson Dotson: Seconded by Alderperson Myrick RESOLVED, That Claudia Jenkins be re-appointed to the Board of Public Works with a term to expire December 31, 2011, and be it further Bicycle Pedestrian Advisory Council: RESOLVED, That Kent Johnson be reappointed to the Bicycle Pedestrian Advisory Council with a term to expire December 31, 2011, and be it further Building Code Board of Appeals: RESOLVED, That Lou Vogel be reappointed to the Building Code Board of Appeals with a term to expire December 31, 2011, and be it further Board of Fire Commissioners: RESOLVED, That Tom Hoard be appointed to the Board of Fire Commissioners with a term to expire June 30, 2012, and be it further December 3, 2008 18 Board of Zoning Appeals: RESOLVED, That Nancy Falconer be reappointed to the Board of Zoning Appeals with a term to expire December 31, 2011, and be it further RESOLVED, That James Marshall be reappointed to the Board of Zoning Appeals with a term to expire December 31, 2011, and be it further Civil Service Commission: RESOLVED, That Barbara Abrams be reappointed to the Civil Service Commission with a term to expire May 31, 2014, and be it further Commons Advisory Board: RESOLVED, That Joseph Gaylord be reappointed to the Commons Advisory Board with a term to expire December 31, 2011, and be it further Community Police Board: RESOLVED, That Jewle Fisher be appointed to the Community Police Board as the Youth Member with a term to expire December 31, 2011, and be it further RESOLVED, That Jonathan Laskowitz be reappointed to the Community Police Board with a term to expire December 31, 2011, and be it further RESOLVED, That Daniel Slattery be reappointed to the Community Police Board with a term to expire December 31, 2011, and be it further Conservation Advisory Council: RESOLVED, That Thomas J. Shelley be reappointed to the Conservation Advisory Council with a term to expire December 31, 2011, and be it further RESOLVED, That Michael Culotta be reappointed to the Conservation Advisory Council with a term to expire December 31, 2011, and be it further RESOLVED, That Anna Stalter be reappointed to the Conservation Advisory Council with a term to expire December 31, 2011, and be it further Design Review Board: RESOLVED, That Gary Ferguson be reappointed to the Design Review Board with a term to expire December 31, 2011, and be it further Disability Advisory Council: RESOLVED, That Greg Gizewski be reappointed to the Disability Advisory Council with a term to expire June 30, 2011, and be it further RESOLVED, That Charlie Dorsey be reappointed to the Disability Advisory Council with a term to expire June 30, 2011, and be it further Examining Board of Electricians: RESOLVED, That Joseph A. Kohm be reappointed to the Examining Board of Electricians with a term to expire December 31, 2011, and be it further Housing Board of Review: RESOLVED, That Charette Wheelis be reappointed to the Housing Board of Review with a term to expire December 31, 2011, and be it further Ithaca Housing Authority: RESOLVED, That Joan Serra be reappointed to the Ithaca Housing Board with a term to expire May 31, 2014, and be it further Ithaca Landmarks Preservation Commission: RESOLVED, That Alphonse Pieper be reappointed to the Ithaca Landmarks Preservation Commission with a term to expire December 31, 2011, and be it further RESOLVED, That Nancy Brcak be reappointed to the Ithaca Landmarks Preservation Commission with a term to expire December 31, 2011, and be it further December 3, 2008 19 Natural Areas Commission: RESOLVED, That Wendy Wallitt be reappointed to the Natural Areas Commission with a term to expire December 31, 2011, and be it further RESOLVED, That Todd Miner be reappointed to the Natural Areas Commission with a term to expire December 31, 2011, and be it further RESOLVED, That Gerard H. Cox be reappointed to the Natural Areas Commission with a term to expire December 31, 2011, and be it further Parks Commission: RESOLVED, That Margaret Hobbie be reappointed to the Parks Commission with a term to expire December 31, 2011, and be it further RESOLVED, That Roberta Moudry be reappointed to the Parks Commission with a term to expire December 31, 2011, and be it further Shade Tree Advisory Committee: RESOLVED, That Judith B. Maxwell be reappointed to the Shade Tree Advisory Committee with a term to expire December 31, 2011, and be it further RESOLVED, That Judith P. Fogel be reappointed to the Shade Tree Advisory Committee with a term to expire December 31, 2011, and be it further RESOLVED, That Dr. Nina Bassuk be reappointed to the Shade Tree Advisory Committee with a term to expire December 31, 2011, and be it further Carried Unanimously (8-0) (Alderpersons Coles and Korherr absent from vote) REPORTS OF COMMON COUNCIL LIAISONS: There were no reports from Common Council liaisons. REPORT OF CITY CLERK: The City Clerk had no report. REPORT OF CITY ATTORNEY: City Attorney Hoffman reported that the City has been sued by James DeFerio for violation of his first amendment rights and that there are efforts underway to settle the case. City Attorney Hoffman further reported that the PBA has filed a suit against the City regarding labor issues. MINUTES FROM PREVIOUS MEETINGS: 19.1 Approval of the November 5, 2008 Regular Common Council Meeting Minutes – Resolution: By Alderperson Myrick: Seconded by Alderperson Rosario RESOLVED, That the minutes of the November 5, 2008 Regular Common Council meeting be approved with noted corrections. Carried Unanimously (8-0) (Alderpersons Coles and Korherr absent from vote) ADJOURNMENT: On a motion the meeting adjourned at 10:15 p.m. ______________________________ _______________________________ Julie Conley Holcomb, CMC Carolyn K. Peterson, City Clerk Mayor