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HomeMy WebLinkAboutMN-CC-2009-01-07COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 7:00 p.m. January 7, 2009 PRESENT: Mayor Peterson Alderpersons (9) Coles, Dotson, Rosario, Clairborne, Tomlan, Zumoff, Schuler, Myrick, Cogan OTHERS PRESENT: City Clerk – Conley Holcomb City Attorney – Hoffman City Controller – Thayer Superintendent of Public Works – Gray Human Resources Director – Michell-Nunn Fire Chief – Wilbur Youth Bureau Director – Green Deputy Youth Bureau Director – Vance Deputy GIAC Director – McBean-Clairborne EXCUSED: Alderperson Korherr 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 noted that substitute resolutions for items 11.1 and 11.2 had been distributed to Common Council members. New Business: Mayor Peterson requested the addition of an Executive Session to discuss current litigation (Goldberg vs. City and DeFario et al vs. City) No Council member objected. PROCLAMATIONS/AWARDS: Community Police Board Appointment Mayor Peterson issued the Oath of Office to Community Police Youth Board Member – Jewle Fisher. Ithaca Youth Bureau 60th Anniversary Kathy Schlather, Chair of the Tompkins County Youth Services Board presented a proclamation to the City of Ithaca Youth Bureau to celebrate sixty years of stellar service to the children, youth, and families in the City of Ithaca and Tompkins County. SPECIAL ORDER OF BUSINESS: 4.1 Election of Acting Mayor Opening of Nominations Alderperson Mary Tomlan nominated Alderperson Daniel Cogan for the position of Acting Mayor; Alderperson Svante Myrick seconded the nomination. Hearing no further recommendations, the nominations were closed. Resolution RESOLVED, That Alderperson Daniel Cogan be appointed to the position of Acting Mayor with a term to expire December 31, 2009. Carried Unanimously (9-0) January 7, 2009 2 4.2 Appointment of Alternate Acting Mayor - Resolution Opening of Nominations Alderperson Jennifer Dotson nominated Alderperson Maria Coles for the position of Alternate Acting Mayor; Alderperson J.R. Clairborne seconded the nomination. Hearing no further recommendations, the nominations were closed. Resolution RESOLVED, That Alderperson Maria Coles be appointed to the position of Alternate Acting Mayor with a term to expire December 31, 2009. Carried Unanimously (9-0) 4.3 Appointment of Marriage Officers – Resolution By Alderperson Clairborne: Seconded by Alderperson Schuler RESOLVED, That the following Alderpersons be designated as Marriage Officers for the year 2009: Alderperson Rosario Alderperson Clairborne Alderperson Schuler Alderperson Myrick Alderperson Dotson Alderperson Korherr Alderperson Dotson stated that being a Marriage Officer has been a wonderful experience; however, it is sad to know that many people can not be legally married, including herself. She further noted that she is encouraged by New York State’s increased recognition of same sex marriages performed in other states. A Vote on the Resolution resulted as follows: Carried Unanimously (9-0) PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: Lawrence McCann, Village of Trumansburg, requested a letter of support from Common Council for assistance in receiving his graduate degree from the London School of Business which is withholding it. Joel Harlan, Town of Newfield, addressed Council regarding the water supply decision and voiced support for the Bolton Point option. He further spoke in support of the capital project to improve the Commons. City Clerk Holcomb read the following announcement into the record: Public Hearing Notice City of Ithaca 2009 Consolidated Plan and Action Plan Development Community Development Block Grant and HOME Programs The Ithaca Urban Renewal Agency (IURA) will hold a Public Hearing beginning at 8:30 a.m., Thursday, January 22, 2009 in Common Council Chambers at City Hall, 108 E. Green Street, Ithaca, NY. This Public Hearing is the first of two public hearings scheduled to review the City of Ithaca’s 2009 Community Development Block Grant (CDBG) and Home Investment Partnership Programs (HOME) Five-year Consolidated Plan and the 2009 Annual Action Plan. This first hearing is intended to obtain the views of citizens on the highest housing and non-housing community needs and the activities to address these needs. Activities eligible for funding may include projects for housing, public facilities, public service and economic development and must benefit the City of Ithaca’s low and moderate-income population. Written comments may be submitted to the IURA, 108 E. Green Street, Ithaca 14850 by 8:30 a.m. January 22, 2009. For information contact the IURA at (607)-274-6553. The meeting location is fully accessible. If you have a disability and require accommodations in order to fully participate at the meeting please contact the IURA at 274-6553 at least 48 hours prior to the meeting. January 7, 2009 3 PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR: Alderperson Clairborne thanked the speakers for their comments and made the following announcements: January 15, 2009 Northside/Southside neighborhoods will host a Martin Luther King, Jr. Day luncheon at noon at the Southside Community Center. January 27, 2009 there will be a community breakfast at 9:00 a.m. at the Beverly J. Martin School gym. January 19, 2009 at 9:00 a.m. there will be the unveiling of the dual designated State Street/Martin Luther King, Jr. Street at the corner of Albany and State Streets. January 30, 2009 there will be an “I Can Day” celebration at GIAC to celebrate the life of Rashad Richardson. Mayor Peterson thanked the speakers for their comments. She stated that she, Board of Public Works Commissioner Jill Tripp, and Planning Department employees plan to write a response to the Op-Ed piece in the Ithaca Journal regarding the dredging project and location of spoils. She asked if any Common Council members were interested in participating as well. Mayor Peterson presented the 2009 State of the City Address to Common Council as follows: “Our city administrative legislation states that the Mayor shall address the Common Council at the first regular meeting of the year with “respect to the needs and resources of the city, including such programs and proposals for the good of the city as he/she may wish to recommend.” Yesterday, department heads completed their year-end reports at the department head meeting. The reports included a look back through 2008, challenges and/or delayed projects and 2009 goals. With 14 departments in the city, there are dozens and dozens of goals being proposed for 2009 accomplishments. As you know, we will have a special Council meeting this Monday where Council will discuss priority work plans of interest. My recommendation for this year is to align the various projects from departments and council’s priority plans with our committee structure and agendas to smoothly manage our projects and work for this year. As we all know this looks great on paper but may be difficult to achieve with the usual unexpected issues and opportunities that arise throughout the year. However, having a plan that stresses certain achievable goals can lead to a successful outcome. Before I move on to priority planning, we all know that this will be a difficult year, difficult in the sense of unknowns, both positive and negative. The Council already receives monthly reports from the controller and these will be more important than ever. We are starting the year with hiring and purchasing controls as we await the results of the State budget. The vacancy review committee has already met for a number of hours reviewing requests for positions that departments feel are essential to the proper running of the government or, without filling the position, could jeopardize life safety of the community. Some positions have been approved; others are delayed until the spring. These are examples of the need to be very cautious in expenditures where we can. As department heads and I look back at 2008, there are many accomplishments, large and small, newly on our lists or decades in the making. Some items from 2008 will continue into 2009, as much of our work is multi-year in approach or ongoing. I don’t wish to leave anything out so I will just touch on a few of the projects mentioned for 2008: the Festival Lands management agreement, completion of the CSEA classification and compensation study, Ithaca Gun project, a city newsletter, GIAC renovation funds secured, maintaining our bond rating, significant work on the backlog of infrastructure projects, 60 year celebration of the Youth Bureau, electronic age improvements at the police and building departments, 800 megahertz emergency communication system online, new downtown development taking shape, code changes for sidewalk repairs, and agreement on University Avenue disposition. January 7, 2009 4 Although we will have a special meeting next week to look at 2009 together, items that are of importance include: • A decision on a water plant system • Progress on a new comprehensive plan • Continued improvement on our infrastructure • Completing work on potential Charter revisions • Further study of the Southwest Urban Neighborhood development • Agreement on a Cornell/County/City MOU for affordable housing funds • A new web page and attendant services • Resolving intermunicipal differences and moving that forward to additional intermunicipal cooperation • Support of the Local Action Plan’s 2009 goals for reduction of greenhouse gases • Improving project management processes • Collegetown urban plan • Dredging • Podcast and video stream our meetings • Complete Stewart Park and Cass Park docks • Full catch-up on our audits • Citywide diversity training For each item listed there are at least 10 more. In challenging times, it is critical to create 2009 goals that are in line with our budget and that allow our employees to successfully do their work with the best support we can provide as legislators. This means we must all also have the ability to be flexible and creative when opportunities arise or when they fail. This will be a year of unknowns and challenges that we can best address as a city working together and choosing our priorities wisely. Our first challenge will be positioning Ithaca for possible economic stimulus funds in early 2009. Lastly, it is with great anticipation that I acknowledge we are not embarking on a new year without hope. Despite significant challenges and setbacks, I look forward to President Barack Obama’s leadership and vision for our country, states, and local government for 2009.” CONSENT AGENDA ITEMS: 8.1 Finance/Controller - Designation of Official Newspaper - Resolution By Alderperson Zumoff: Seconded by Alderperson Myrick RESOLVED, That, pursuant to Section C-113 of the City Charter, the Ithaca Journal be and is hereby designated as the official newspaper of the City of Ithaca for the year 2009. Carried Unanimously (9-0) 8.2 Finance/Controller - Collateral to Secure Deposits - Resolution By Alderperson Zumoff: Seconded by Alderperson Myrick RESOLVED, That the collateral deposited by the Tompkins County Trust Company, JP Morgan Chase and M & T Bank as reported, be approved as to form and sufficiency. Carried Unanimously (9-0) January 7, 2009 5 8.3 Finance/Controller - Public Employee's Blanket Bond - Resolution By Alderperson Zumoff: Seconded by Alderperson Myrick RESOLVED, That pursuant to Section 11 of the Public Officers Law, the following Bond, which is on file in the Office of the City Clerk, be, and is hereby approved in all respects for the year 2009. Faithful Performance Blanket $250,000 National Grange Bond Coverage Mutual Insurance Co. Carried Unanimously (9-0) 8.4 Finance/Controller - Designation of Common Council Meetings - Resolution By Alderperson Zumoff: Seconded by Alderperson Myrick RESOLVED, That the regular meetings of the Common Council, for the year 2009, be held at 7:00 P.M., on the first Wednesday of each month, in the Common Council Chambers, at City Hall, 108 East Green Street, Ithaca, New York, unless otherwise determined by Common Council. Carried Unanimously (9-0) 8.5 Finance/Controller - Designation of Official Depositories - Resolution By Alderperson Zumoff: Seconded by Alderperson Myrick RESOLVED, That pursuant to Section C-34 of the City Charter, the Tompkins County Trust Company, the Fleet Bank and the M & T Bank be, and they are, hereby designated as the official depositories of all City Funds for the year 2009 and are currently deposited as follows: TOMPKINS COUNTY TRUST COMPANY ACCOUNT NAME ACCOUNT NUMBER City of Ithaca Operating Fund 01-201-001004 Employees Group Insurance Deductions 08-201-001004 City of Ithaca Payroll Fund 04-201-001004 City of Ithaca-Wire Transfer 06-201-001004 City of Ithaca BID Assessments 06-201-001055 Employees N.Y.S. Withholding Tax 08-201-001004 Employees U.S. Savings Bonds 08-201-001004 N.Y.S. Police, Fire and Employees Retirement System 08-201-001004 Payroll Benefits - Flexible Spending BC BS Insurance – Health BC BS Insurance – Vision Ithaca Area Wastewater Treatment JT Account Operating 01-101-110103 Ithaca Area Wastewater Treatment Capital Fund 02-101-110103 Ithaca Area Wastewater Treatment Investment Savings 11-101-110103 City of Ithaca Invest Savings 11-201-001004 Fireman’s Relief Fund Savings 14-101-080719 Fireman’s Relief Fund 01-101-219946 Vet Volunteer Fireman’s Associations 01-101-080808 M & T BANK ACCOUNT NAME ACCOUNT NUMBER Department of Justice Grant 8890767380 Debt Service Fund 8890767398 Ithaca Area Wastewater Treatment Plant Capital Reserve 9837877209 Ithaca Area Wastewater Treatment Capital Fund 8890767372 Ithaca Area Wastewater Treatment Parking Ticket Payment Account 8890767356 January 7, 2009 6 Trust Fund 8890767349 Capital Reserves 8890767331 Construction Fund 8890767315 Guaranty and Bid Deposits 8890767349 Health Facility Agreement 8890878349 Deposit on Water Meters 8890767349 Ithaca Fire Department Bunker Facilities 8890767349 Ithaca Area Wastewater Investment Savings 8890767463 Sale of Unclaimed Property 8890767349 Circle Greenway 8890767349 Conference on College and Community 8890767349 Center for Expressive Arts 8890767349 Peter DeWysocki Memorial Fund 8890767349 Cemetery Fund 8890767349 Commons Cultural Tourism 8890767349 Jack Kiely Scholarship Fund 8890767349 DeWitt Park Improvement Fund 8890767349 Centennial Art Work 8890767349 GIAC Youth Enterprise Fund 8890767349 Capital Reserve Fund #4 - Bridges 9837878215 Capital Reserve Fund #11 - Parks and Recreation Areas 9837878215 Capital Reserve Fund #14 - Parking Areas 9837878215 Capital Reserve Fund #15 - Fire Engine Replacement 9837878215 Capital Reserve Fund #16 - Development of Water Sources 9837878215 Capital Reserve Fund #17 - Sewer Construction 9837878215 Capital Reserve Fund #17A – Mandatory Reserve for Sewer Plant Construction 9837878215 Capital Reserve Fund #20 - West Hill Water and Sewer Replacement 9837878215 Capital Reserve Fund #22 - Bus Replacement 9837878215 Capital Reserve Fund #23 - Public Works Equipment 9837878215 Capital Reserve Fund #24 - Energy Conservation 9837878215 Capital Reserve Fund #25 - Capital Improvements 9837878215 Capital Reserve Fund #26 - Land Acquisition 9837878215 Capital Reserve Fund #27 - DPW Consolidation 9837878215 Capital Reserve Fund #28 – Mandatory Debt Reserve 9837878215 ECHO 8890767349 Six Mile Creek Natural Area 8890767349 Thermal Imaging Unit 8890767349 Fire Department 175 Anniversary 8890767349 Rick Gray Memorial 8890767349 Stewart Park Carousel Fund 8890767349 Rt. 13 Plaza Light 8890767349 Northside Neighborhood Cleanup 8890767349 1896 Steamer Public Display Fund 8860767349 Moore Memorial 8890767349 Community Risk 8890767349 IFD Bunker Facilities 8890767349 Stewart Park Landscaping 8890767349 Wood Street Benches 8890767349 IPAC Escrow 8860767349 Child Safety Seats 8890767349 Dog Park 8890767349 Carried Unanimously (9-0) January 7, 2009 7 8.6 Common Council - Approval of 2009 Travel Policy - Resolution By Alderperson Zumoff: Seconded by Alderperson Myrick WHEREAS, there is to be held during the coming official year a) the New York State Conference of Mayors Annual Meeting and Training School; b) the New York State Conference of Mayors and Fall Training School for Fiscal Officers and Municipal Clerks, and other national and regional conferences as applicable, and WHEREAS, it is determined by the Mayor and Common Council that attendance by certain municipal officials and City employees at one or more of these meetings, conferences or schools benefits the municipality; now, therefore, be it RESOLVED, That Common Council, the Mayor and City employees are hereby authorized to attend said conferences or other applicable training events during 2009, and be it further RESOLVED, That the cost for all events must be derived from existing 2009 Departmental Budgets with appropriate approvals obtained as applicable, and be it further RESOLVED, That this resolution shall take effect immediately. Carried Unanimously (9-0) COMMUNITY & ORGANIZATIONAL ISSUES COMMITTEE: 9.1 An Ordinance to Amend Chapter 317 of the City of Ithaca Municipal Code Entitled “Vehicles, Removal of” By Alderperson Clairborne: Seconded by Alderperson Myrick ORDINANCE 09 BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows: Section 1: Section 317-13 of Chapter 317 of the City of Ithaca Municipal Code entitled “Vehicles, Removal of” is hereby amended to read as follows: § 317-13. Procedures for private property towing. A. Vehicles may be towed away or removed without additional notice to the owner in the following instances: (1) From property appurtenant to and obviously a part of a one-, two-, or three family residence. (2) Where notice is given to the owner or other legally authorized person in control of the vehicle that the area in which that vehicle is parked is reserved or otherwise unavailable for unauthorized vehicles, and that such unauthorized vehicles are subject to being removed at the owner's or operator's expense. B. Additional notice required. Private property owners shall not authorize or participate in the towing, storage or disposition of vehicles illegally parked or abandoned unless the owner or person(s) in charge of the vehicle shall be notified by one of the following methods: (1) By posted signage on the premises meeting the following requirements: (a) The notice must be prominently placed on the premises and be continuously maintained on the premises for 24 hours prior to the towing or removal of any vehicle from the premises; January 7, 2009 8 (b) The notice must clearly indicate, in letters not less than two inches high letters on a contrasting background, that unauthorized vehicles will be towed away at the owner's or operator's expense. The notice must state clearly how long, if at all, or under what conditions a vehicle may park before being towed or removed from the premises; (c) The sign structure must comply with the provisions of Chapter 272, Signs; or (2) By issuance of a duly authorized traffic ticket for illegal parking. A vehicle tow report will be completed by the Police Department and name the property owner as the complainant. C. If the vehicle is not removed after proper notice is given as set forth above, the vehicle may be towed immediately thereafter in accordance with the procedure under § 317-14 below. D. If the vehicle is to be towed by order of a private property owner after such notice as required in Subsections A and B above, the tow truck operator shall inform the Ithaca Police Department immediately after removal. The identifying information regarding the vehicle [will] shall be entered into a log to be maintained by the Police Department. E. When towing of a vehicle from private property is being effected pursuant to this section, the towing operator called must be one who maintains a bona fide terminal within Tompkins County, and the vehicle so towed may not be stored at a location outside the County. F. The Ithaca Police Department and the City of Ithaca shall not be responsible for the costs associated with towing a vehicle from private property. Tows from private property shall not be subject to a towing investigation as noted in §317-9 above. Section 2: Section 317-14 is hereby amended to read as follows: § 317-14. Removal and storage charges; penalties for violation. A. Removal and storage charges for nonconsensual towing of vehicles in the City of Ithaca, whether on public or private property, are hereby established as follows: (1) Removal charges shall not exceed [$80]$100. (2) [Special problem or circumstance removal charges shall not exceed $105] An additional fee, not to exceed $25 may be charged in the instance where a police officer makes the determination that a special problem or circumstance exists. A "[S]special problem or circumstance" means the removal of any vehicle that involves additional steps such as snow removal, difficult access to a locked vehicle, [and] extra cleanup, or winching. The use of dollies, flat beds, ramps, jacks, or slings are not considered a special problem or circumstance. A request shall be made by the tow truck operator to the police officer at the scene of the tow that the tow be treated as a special problem or circumstance removal. Reasons for the request shall be stated by the tow truck operator to the police officer at the scene and shall be recorded in the "Vehicles Towed" report. Approval or denial of the request is to be made at the discretion of the police officer at the scene of the tow and indicated on the "Police Towing" log. Denial of the request by the police officer shall cause the tow to be deemed an ordinary removal. January 7, 2009 9 (3) Extraordinary removal charges shall be based on the actual costs of the use of the extraordinary equipment, plus labor charges. "Extraordinary removal" means the removal of any vehicle requiring the necessary use of one or more additional tow trucks, a crane or other extraordinary equipment other than regular or special towing equipment. (4) A fee not to exceed $30 may be charged by the tow truck operator to the owner or operator of any vehicle requiring removal services as provided in this chapter whenever the owner or operator appears to remove the vehicle after the tow truck operator has hooked up the vehicle for towing or removal, but before the vehicle has been removed from the scene. (5) Storage fees not exceeding $25 per day or fraction thereof may be charged by the tow truck operator after the vehicle has been stored for more than 24 hours. (6) An after-hours service charge not to exceed $25 may be charged by the tow truck operator whenever the tow truck operator is called to release a vehicle from the storage yard during the hours 9:00 p.m. to 7:00 a.m. Upon the request and tender of the required fee, it shall be the duty of the tow truck operator to release a stored vehicle at any time of the day and on any day of the week, including weekends and holidays unless there is a restriction or hold on such vehicle as per a law enforcement agency or by order of a court of competent jurisdiction. (7) The costs for towing services rendered, pursuant to this section, are subject to the appropriate state tax. (8) No additional fees, other than the fees that are set forth herein, shall be assessed against the vehicle. B. Violation of any provision of this chapter shall be punishable by a fine of not more than $250 or by imprisonment for a period not exceeding 15 days for each such offense, or by both such fine and imprisonment. Towing operators, and/or their agents or assigns that violate the provisions as set forth herein are subject to removal from the City towing list for such period of time that the City deems appropriate. 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. Amending Resolution: By Alderperson Clairborne: Seconded by Alderperson Schuler RESOLVED, That section (8) B be amended to read as follows: “B. Violation of any provision of this chapter shall be punishable by a fine of not more than $250 or by imprisonment for a period not exceeding 15 days for each such offense, or by both such fine and imprisonment. Towing operators, and/or their agents or assigns that violate the provisions as set forth herein are subject to removal from the City towing list for such period of time that the Chief of Police deems appropriate. Carried Unanimously (9-0) Main Motion As Amended: A Vote on the main motion as amended resulted as follows: Carried Unanimously (9-0) January 7, 2009 10 9.2 Permit Pursuant to Section 346-31 of the City Code Authorizing MESS Express Ltd to Operate a Charter Bus within the City of Ithaca - Resolution By Alderperson Clairborne: Seconded by Alderperson Schuler WHEREAS, Section 346-31 of the City Code provides that “Unless otherwise provided to the contrary, no bus or common carrier, whether for hire or not, shall be operated upon, stop on or stand on any City street in the corporate limits of the City of Ithaca, nor shall such bus or common carrier pick up or discharge passengers on any such City street or curb, or any other public property, or at or within 200 feet of any City bus stop in said corporate limits of the City of Ithaca, unless a permit is obtained therefor from the Common Council of the City of Ithaca, or its designee, the issuance of which permit shall be at the sole discretion of the Common Council of the City of Ithaca,” and WHEREAS, Mr. Matthew Kochman, the proprietor of “Moving Every Student Safely, Limited” (hereafter “MESS Express”) submitted an application seeking a permit to operate a charter bus to transport primarily college students, from Cornell University and Ithaca College to various downtown locations and back, and WHEREAS, the Community and Organizational Issues Committee of the City’s Common Council established a sub-committee composed of the Traffic Engineer, the Police Chief, City Attorney’s Office, and Alderperson Nancy Schuler, to review said application, and WHEREAS, said subcommittee has reviewed the subject application and reported back to the Community and Organizational Issues Committee; now therefore be it RESOLVED, That the Common Council of the City of Ithaca hereby approves the application of Matthew Kochman/MESS Express for a permit pursuant to Section 346- 31, with the following conditions: 1. Said permit shall be a temporary permit, effective as of January 15, 2009, or when the approval of routes, etc, as described below has been granted, whichever is later, and shall be valid for six (6) months thereafter; 2. The exact route, locations where passengers may be dropped off and picked up, and times of operation shall be subject to approval by the Superintendent of Public Works or his designee, prior to the commencement of bus service, which approval shall not be unreasonably withheld or delayed, provided that the applicant has supplied all necessary information regarding said routes, locations and times, and that the same pose no problems regarding safety or conflicts with other authorized uses; 3. At all times during operation, said charter bus (or buses) shall be staffed by at least two adults who shall not be ticketed passengers, in addition to a driver, for purposes of monitoring the safety and security of passengers; 4. Said charter bus shall be operated on a pre-arranged basis only, with tickets having been purchased in advance by passengers; and 5. The operator(s) of the bus shall at all times ensure that the bus is not parked in a manner that interferes with the ability of emergency vehicles to move or pass; 6. Permittee shall at all times maintain valid liability insurance coverage, as well as present the City Attorney’s Office with proof that he complies with the New York Workers’ Compensation Law, or that he is exempt from doing so. and be it further RESOLVED, That the Superintendent of Public Works shall have the right to suspend or revoke this permit due to violation of the terms thereof, or due to any other action or failure to act, on the part of the permittee or his agents, which poses a danger to the health or safety of any members of the public, provided, however, that such suspension or revocation shall be subject to review by Common Council upon written appeal of the permittee, to the Mayor (which appeal, while pending, shall not stay said suspension or revocation). January 7, 2009 11 Alderperson Rosario commended Mr. Kochman and the committee’s efforts; however, he stated that he can not support this request due to the lack of information regarding proposed routes, incorrect street names, bus staging locations/vehicle idling concerns, and the removal of personal accountability. Alderperson Coles stated that she shares Alderperson Rosario’s concerns, but after a conversation with Assistant City Attorney Sokoni she feels that the six-month temporary permit should be considered. Alderperson Schuler stated that she feels that neighborhood residents may support this initiative if the transportation alleviates the walking “trails” from East and South Hills to downtown and back. Amending Resolution: By Alderperson Clairborne: Seconded by Alderperson Schuler RESOLVED, That the last Resolved clause be amended to read as follows: “RESOLVED, That the Superintendent of Public Works shall have the right to suspend or revoke this permit due to violation of the terms thereof due to permittee’s failure to secure of obtain any licenses, or due to any other action or failure to act, on the part of the permittee or his agents, which poses a danger to the health or safety of any members of the public, provided, however, that such suspension or revocation shall be subject to review by Common Council upon written appeal of the permittee, to the Mayor (which appeal, while pending, shall not stay said suspension or revocation). Carried Unanimously (9-0) Alderperson Dotson stated that she is not interested in approving this permit without a process in place for other applicants. Alderperson Coles stated that she supports City Attorney Hoffman and Assistant City Attorney Sokoni’s good faith efforts to put a process in place temporarily to meet the needs of the applicant. Alderperson Tomlan stated that Common Council should have declared a moratorium for accepting applications if the law needed further review. Superintendent Gray stated that the City had a problem with a Long Island Bus Company in the 1990’s, and the intent of the law was to authorize the city to regulate transportation services. He noted that he believes this Resolution provides a reasonable temporary solution. Mayor Peterson stated that she shares some of Alderperson Rosario’s concerns. A Vote on the Resolution resulted as follows: Ayes (8) Dotson, Coles, Clairborne, Zumoff, Tomlan, Myrick, Schuler Cogan Nays (1) Rosario Abstentions (0) Carried (8-1-0) 10. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE: 10.1 Designation of the Ithaca Urban Renewal Agency (IURA) as Lead Agency to Develop and Administer the Consolidated Plan – Resolution By Alderperson Tomlan: Seconded by Alderperson Cogan WHEREAS, the City of Ithaca (“City”) became eligible for annual, noncompetitive, formula-based Community Development Block Grant (“CDBG”) Entitlement grants in 2004 when the U.S. Office of Management & Budget designated the City of Ithaca as the principal city of a Metropolitan Statistical Area, and WHEREAS, the CDBG Entitlement grant provides funding to the City through the CDBG and Home Investment Partnerships Program (“HOME”) on an annual basis, and January 7, 2009 12 WHEREAS, in order to receive the CDBG Entitlement grant, a grantee must develop and submit a consolidated plan, in accordance with 24 CFR part 91, no less than every five years, and WHEREAS, the consolidated plan is a 5-year strategic plan that describes community needs, resources, and priorities for anticipated CDBG Entitlement grant funds, but does not list specific projects for funding, and WHEREAS, on December 3, 2003, the City of Ithaca Common Council designated the Ithaca Urban Renewal Agency (“IURA”) as the lead agency to develop and administer the initial consolidated plan, and . WHEREAS, since 2004, the IURA has successfully administered the CDBG Entitlement grant on behalf of the City of Ithaca, including development of the City of Ithaca 2004- 2008 Consolidated Plan and development of annual action plans listing specific projects for funding assistance, and WHEREAS, in order to continue to receive the CDBG Entitlement grant, the City must develop and submit a consolidated plan by April 15, 2009 for approval by the U.S. Department of Housing & Urban Development (“HUD”), and WHEREAS, the IURA is currently managing and administering the CDBG Entitlement grant program on behalf of the City, including the development of proposed annual action plans of projects recommended for funding, and has developed the skills, knowledge, and capacity to manage and administer the consolidated plan process in compliance with HUD regulations, and WHEREAS, over the past four years, the City has received the following funding awards through the CDBG Entitlement program: CDBG Entitlement Program – City of Ithaca Year CDBG HOME Total 2004: $976,000$601,669$1,577,669 2005: $915,850$572,928$1,488,778 2006: $833,373$538,676$1,372,049 2007: $836,114$533,839$1,369,953 2008: $805,876$517,815$1,323,691 2009 (anticipated): $805,876 $517,815 $1,323,691 5-Year Total: $5,173,089$3,282,742$8,455,831 and, WHEREAS, the IURA has already begun outreach and consultation to revise the existing consolidated plan in light of current community development needs and opportunities, and WHEREAS, the Planning & Economic Development Committee considered this matter at its December 17, 2008 meeting and recommended the following actions; now, therefore, be it RESOLVED, That the City of Ithaca Common Council hereby designates the Ithaca Urban Renewal Agency (“IURA”) as the lead agency to develop the proposed City of Ithaca 2009-2013 Consolidated Plan, and be it further RESOLVED, That the Common Council authorizes the IURA to administer the CDBG Entitlement program on behalf of the City of Ithaca throughout the term of the adopted consolidated plan or until further notice. Carried Unanimously (9-0) January 7, 2009 13 10.2 Collegetown Urban Plan & Design Guidelines and Related Zoning Amendments – Update Alderperson Tomlan reported that work on both the Collegetown Urban Plan & Design Guidelines and the related zoning code amendments has continued to move forward since the presentation of the draft plan to Common Council on November 18th. In the course of the past few months, the Planning & Economic Development Committee has reviewed each chapter of the urban plan and will continue discussion at its upcoming meetings. The Planning Board has also received copies of the urban plan and proposed zoning regulations, and will discuss the plan at its meeting on January 27, 2009. In addition, there have been several internal meetings to review and revise the draft zoning code amendments. Staff is currently compiling comments to send to the consultant, Code Studio, for incorporation into the next draft. A subcommittee comprising Planning Board and Planning Committee members has also been established to review the zoning and consolidate questions and concerns prior to its public distribution. The entire Planning Committee will be reviewing the draft zoning regulations at its meeting on January 21, 2009. This project is still scheduled for completion by the time the moratorium is lifted on April 12, 2009, though the schedule is very ambitious. The Planning Board has scheduled an additional meeting on February 3, 2009 to focus on Collegetown and its recommendation to the Common Council. The next public hearing on the urban plan and the zoning legislation is currently scheduled for the Community and Organizational Issues Committee meeting on February 17, 2009. Council members are encouraged to send any questions or comments to staff so they can be addressed as soon as possible. CITY ADMINISTRATION COMMITTEE: 11.1 Department of Public Works Request to Create the Position of Water Systems Maintenance Mechanic - Resolution By Alderperson Coles: Seconded by Alderperson Schuler WHEREAS, the City of Ithaca DPW Water & Sewer Division Water Treatment Plant needs to provide for the daily inspection, operation, maintenance, and periodic repairs of pumps, process equipment, controls, telemetry/SCADA, etc. for the water plant, the sludge drying lagoons, 3 water pumping stations, 6- water storage tanks, 2-booster chlorination systems, and control valves, etc. in both the water production and distribution systems, and WHEREAS, these duties are presently performed by the 5 & 3/5s Water Treatment Plant Operators and the Chief Water Treatment Plant Operator, and WHEREAS, in order to facilitate the work, and for a more effective organizational structure it has been necessary to recognize the duties unique to this position by creating and assigning the appropriate title, duties description, and compensation, and WHEREAS, this action requested herein entails only the transfer of an existing employee from one title to another, and will not result in an additional position, nor the need for additional funds, and WHEREAS, the Water Treatment Plant Operators position vacated upon the transfer will remain vacant and unfunded; now therefore be it RESOLVED, That the Common Council hereby approves the following amendment to the Authorized Personnel Roster to the Water and Sewer fund: Add: One (1) Water Systems Maintenance Mechanic Delete: One (1) Water Treatment Plant Operator and be it further January 7, 2009 14 RESOLVED, That said added position shall be contingent on the approval of the title, job description and new Position Duties Statement by the Civil Service Commission and the Board of Public Works, and be it further RESOLVED, That the funds needed for said amendment will be derived from existing Water and Sewer funds. Amending Resolution: By Alderperson Clairborne: Seconded by Alderperson Coles RESOLVED, That an additional Whereas clause be added to the resolution as the fifth Whereas clause that would read as follows: “WHEREAS, this position has already been approved by the Vacancy Review Committee, and” Carried Unanimously (9-0) Main Motion As Amended: A Vote on the Main Motion as amended resulted as follows: Carried Unanimously (9-0) 11.2 Resolution Authorizing the Execution and Delivery of a Master Lease - Purchase Agreement, Equipment Schedule No. 01, An Escrow Agreement, and Related Instruments, and Determining Other Matters in Connection Therewith By Alderperson Coles: Seconded by Alderperson Zumoff WHEREAS, the governing body of CITY OF ITHACA (“Lessee”) desires to obtain certain equipment (the “Equipment”) described in Equipment Schedule No. 01 to the Master Lease - Purchase Agreement (collectively, the “Lease”) with MUNICIPAL LEASING CONSULTANTS, the form of which has been available for review by the governing body of Lessee prior to this meeting; and WHEREAS, the Equipment (including replacement water meters installed throughout the City of Ithaca by Johnson Controls, Inc. pursuant to its 2008 contract with the City of Ithaca) is essential for the Lessee to perform its governmental functions; and WHEREAS, the funds made available under the Lease will be deposited with SUNTRUST BANK (the “Escrow Agent”) pursuant to an Escrow Agreement between Lessee and the Escrow Agent (the “Escrow Agreement”) and will be applied to the acquisition of the Equipment in accordance with said Escrow Agreement; and WHEREAS, Lessee has taken the necessary steps, including those relating to any applicable legal bidding requirements, to arrange for the acquisition of the Equipment; and WHEREAS, Lessee proposes to enter into the Lease with MUNICIPAL LEASING CONSULTANTS and the Escrow Agreement with the Escrow Agent substantially in the forms presented to this meeting. NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF LESSEE AS FOLLOWS: Section 1. It is hereby found and determined that the terms of the Lease and the Escrow Agreement (collectively, the “Financing Documents”) in the forms presented to this meeting (i.e., as received from Municipal Leasing Consultants via email on January 7, 2009) and incorporated in this resolution are in the best interests of Lessee for the acquisition of the Equipment. Section 2. The Financing Documents and the acquisition and financing of the Equipment under the terms and conditions as described in the Financing Documents are hereby approved. The City Controller of Lessee and any other officer of Lessee who shall have power to execute contracts on behalf of Lessee be, and each of them hereby is, authorized to execute, acknowledge and deliver the Financing Documents with any changes, insertions and omissions therein as may be approved by the officers who execute the Financing Documents, such approval to be conclusively evidenced by such execution and delivery of the Financing Documents. The City Clerk of the Lessee and any January 7, 2009 15 other officer of Lessee who shall have power to do so be, and each of them hereby is, authorized to affix the official seal of Lessee to the Financing Documents and attest the same. Section 3. The proper officers of Lessee be, and each of them hereby is, authorized and directed to execute and deliver any and all papers, instruments, opinions, certificates, affidavits and other documents and to do or cause to be done any and all other acts and things necessary or proper for carrying out this resolution and the Financing Documents. Carried Unanimously (9-0) City Controller’s Report City Controller Thayer reported to Common Council on the following items: 2008 year-end activity is underway: Sales tax – the last payment received was 5.5% lower than 2007. Fuel cost reductions impact sales tax collections. The City’s sales tax collections are currently 10% above 2007 levels and 5-6% above the 2008 estimates. Concerns are rising regarding the economic climate in the City. Office Depot is closing; however, the Southwest area of the City remains very active for sales tax revenues and development interest. Fine revenues are above the 2008 budget projections Parking revenues are above the 2008 budget projections Building permits are slightly below the 2008 budget projections Health Insurance costs are well over budget and a request may be forthcoming to use health insurance reserve funds. Future plans include work with Tompkins County Health Insurance Consortium to find cost savings. Overtime costs are over budget. There are open positions at IPD that make a big impact on the overtime budget. Snow removal costs are up due to a very active winter. $20,000 has been encumbered for salt funds and salt shortages are possible. Fuel prices are still over budget; however, price reductions are providing relief. 2007 audit activity is expected to be complete by the end of January when the AIM payment report is due to NYS. The economic decline has impacted the City’s ability to borrow funds. One bid was received on city bonds at 5.25% interest, which was rejected. The County received bids at 1.4% interest due to their Double A rating, the City is only at a Single A rating. The bonds will be sent out to bid again. Moody’s re-rating almost upgraded the City, but there were concerns regarding variable rate debt for the Cayuga Garage, so we maintained our A1 rating. The State budget report for 2009 indicates there will be a $45,000 reduction in State AIM payments and $100,000 reduction in CHIPS funding. The City may also lose $75,000 in youth programming funds, which are currently under review by those funding sources. There will also be revisions to the pension/procurement reform and sales tax exemptions. Discussion followed on the floor regarding the City’s ability to de-authorize funds committed to Capital Projects that may not be completed in the near future. City Controller Thayer explained that funds can be de-authorized, but there are many considerations that are taken into account when ratings are being considered including the amount of money in reserves and the percentage of tax-exempt property. January 7, 2009 16 City Controller Thayer stated that he is working with the National Development Council on solutions for the Cayuga Garage debt due to ramifications of the variable interest financing. He explained that de-authorizing five million dollars will not alter the City’s rating, but would lower the City’s debt load. Motion to Defer the Investigation of De-Authorizing the Taughannock Blvd. Capital Project to the January City Administration Committee meeting – Resolution By Alderperson Rosario: Seconded by Alderperson Schuler RESOLVED, That Common Council defer the investigation of de-authorizing the Taughannock Blvd. Capital project to the January City Administration Committee meeting. Carried Unanimously (9-0) 11.4 Motion to Enter Into Executive Session to Discuss Current Litigation and the Employment History of an Individual – Resolution By Alderperson Clairborne: Seconded by Alderperson Schuler RESOLVED, That Common Council Enter Into Executive Session to Discuss Current Litigation and the Employment History of an Individual. Carried Unanimously (9-0) Reconvene: Common Council reconvened into Regular Session with no formal action taken. 15. MAYOR’S APPOINTMENTS: 15.1 Appointment of Assistant City Attorney - Resolution By Alderperson Dotson: Seconded by Alderperson Clairborne RESOLVED, That Donna Este-Green be and hereby is appointed to the position of Assistant City Attorney, at the 2009 Management Compensation Plan salary of $69,867, effective January 1, 2009. Carried Unanimously (9-0) 15.2 Appointments to Youth Council Advisory Board – Resolution By Alderperson Coles: Seconded Alderperson Schuler RESOLVED, That Alderperson Clairborne and Alderperson Myrick be appointed as Common Council members to the Youth Council Advisory Board with a term to expire December 31, 2011. Carried Unanimously (9-0) Mayor Peterson noted that the following City staff have been appointed by agency directors to also serve on the Youth Council Advisory Board: Karen Friedeborn, Youth Development Division Coordinator at Ithaca Youth Bureau, Travis Brooks, Program Administrator at GIAC, and Vincente Sierra, Computer Lab Coordinator, Southside Community Center. Building Code Board of Appeals: By Alderperson Schuler: Seconded by Alderperson Tomlan RESOLVED, That Mick LoPinto be reappointed to the Building Code Board of Appeals with a term to expire December 31, 2010 and be it further, Commons Advisory Board: RESOLVED, That Nancy Brooks be appointed to the Commons Advisory Board to fill a vacancy with a term to expire December 31, 2010, and be it further Community Police Board: RESOLVED, That LaBerta McGruder be reappointed to the Community Police Board with a term to expire December 31, 2011, and be it further RESOLVED, That Bob Wigden be reappointed to the Community Police Board with a term to expire December 31, 2011, and be it further Housing Board Review: RESOLVED, Joseph Steuer be appointed to the Housing Board of Review to fill a vacancy with a term to expire December 31, 2010, and be it further January 7, 2009 17 Ithaca Landmarks Preservation Commission: RESOLVED, That Susan L. Jones be reappointed to the Ithaca Landmarks Preservation Commission with a term to expire December 31, 2011, and be it further Rental Housing Advisory Commission: RESOLVED, That Carolyn Byrne be appointed to the Rental Housing Advisory Commission to fill a vacancy with a term to expire December 31, 2011, and be it further RESOLVED, That David Breeden be reappointed to the Rental Housing Advisory Commission with a term to expire December 31, 2011, and be it further Workforce Diversity Advisory Committee: RESOLVED, That Sue Kittel be appointed to the Workforce Diversity Advisory Committee to fill a vacancy with a term to expire December 31, 2009, and be it further RESOLVED, That Jim Crowley be appointed to the Workforce Diversity Advisory Committee to fill a vacancy with a term to expire December 31, 2010, and be it further Youth Bureau Advisory Board: RESOLVED, That Stel Walton Whitehead be reappointed to the Youth Bureau Advisory Board with a term to expire December 31, 2011, and be it further RESOLVED, That Chris Milner be appointed to the Youth Bureau Advisory Board to fill a vacancy with a term to expire December 31, 2011. Carried Unanimously (9-0) REPORTS OF COMMON COUNCIL LIAISONS: Ithaca Urban Renewal Agency Alderperson Clairborne updated Common Council on the following items from the Ithaca Urban Renewal Agency: The IURA is considering lending to a targeted retailer for space at Cayuga Green. The transfer of ownership of Historic Ithaca through the IURA to Mack Travis has been completed. The IURA/City/Town representatives are meeting to discuss the disposition of property at the Steamboat Landing Site and the Farmers’ Market Lease. The IURA has reprogrammed $12,000 for the 2-1-1 Center. The Ithaca Farmers’ Market will be holding a Winter Market at the Women’s Community Building on Saturdays from 11 a.m. to 2 p.m. during the month of January. Board of Public Works Alderperson Coles reported that she would provide a written update from the Board of Public Works regarding proposed changes in legislation regarding commercial use of city property. REPORT OF CITY ATTORNEY: City Attorney Hoffman reported that the City received a Notice of Claim from Stuart Carpenter regarding a large hole on West Buffalo Street left by NYSEG in 2007; the City’s insurance will cover the cost of the claim. Mayor Peterson reported that she has received complaints about the City’s new snow removal legislation; however, she has noticed more compliance with the snow removal regulations as well. January 7, 2009 18 MINUTES FROM PREVIOUS MEETINGS: 19.1 Approval of the December 3, 2008 Regular Common Council Meeting Minutes – Resolution By Alderperson Myrick: Seconded by Alderperson Coles RESOLVED, That the minutes of the December 3, 2008 Regular Common Council Meeting be approved with noted corrections. Carried Unanimously (9-0) ADJOURNMENT: On a motion the meeting adjourned at 10:35 p.m. ______________________________ _______________________________ Julie Conley Holcomb, CMC Carolyn K. Peterson, City Clerk Mayor