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HomeMy WebLinkAboutMN-CC-2009-06-03COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 7:00 p.m. June 3, 2009 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 Planning and Development Director – Cornish Community Development Director – Bohn Superintendent of Public Works – Gray Fire Chief – Wilbur Youth Bureau Director – Green Deputy Director Youth Bureau - Vance PLEDGE OF ALLEGIANCE: Mayor Peterson led all present in the Pledge of Allegiance to the American Flag. ADDITIONS TO OR DELETIONS FROM THE AGENDA: New Business: Mayor Peterson requested the addition of Item 14.1 under New Business entitled “Support from City of Ithaca for Tompkins County Comment on Items Not Addressed in The New York State Department of Environmental Conservation Final Scope for Draft Supplemental Generic Environmental Impact Statement (dSGEIS) on The Oil, Gas, and Solution Mining Regulatory Program for the Marcellus Shale”. No Council Member objected. PROCLAMATIONS/AWARDS: 3.1 Quarterly Individual Recognition Award: Mayor Peterson presented the individual Quarterly Recognition Award to Jim Dalterio, Recreation Facilities Director at Cass Park for his efforts and dedication to the park. He was nominated by members of his staff. 3.2 Quarterly Team Recognition Award: Mayor Peterson presented the team Quarterly Recognition Award to the Ithaca Fire Department’s Fire Investigation Office Team for their work on the renovations to Central Fire Station’s main office. 3.3 Proclamations Mayor Peterson presented a proclamation in recognition of former Mayor Edward J. Conley’s contributions to the City of Ithaca to his daughter, City Clerk Julie Conley Holcomb. Mayor Peterson requested that the proclamation be read into the record: WHEREAS, EDWARD J. CONLEY, a native son of Ithaca, New York, dedicated much of his adult life to public office and public service, and WHEREAS, Ed Conley was elected to Common Council in 1968, and WHEREAS, three years later he was elected Mayor of the City of Ithaca, and served eight years, which at the time meant four terms of office and four mayoral elections, and WHEREAS, former Mayor Conley also served as president of the New York Conference of Mayors, and WHEREAS, Ed Conley also served two years on the Tompkins County Board of Representatives from 1980-1981, and WHEREAS, he also served on the Town of Ithaca Board from 1994-2001, and June 3, 2009 2 WHEREAS, in 2006, the city dedicated Conley Park near the Science Center in his honor, and WHEREAS, Ed Conley passed away on February 6, 2009, and WHEREAS, the County Legislature and the Board of the Town of Ithaca passed resolutions of acknowledgement and thanks regarding Ed Conley, now, therefore, be it RESOLVED, That the City of Ithaca marks the passing of this remarkable public servant by this proclamation of thanks and admiration for Ed's tenacity, hard work, humor, and dedication to his home community, and be it further RESOLVED, That the City of Ithaca also appreciates the similar sense of dedication and hard work on behalf of the city that was instilled in his children, especially his daughter City Clerk Julie Conley Holcomb, and be it further RESOLVED That the beautiful park that bears Mayor Conley's name be a source of enjoyment and reflection for all in our community. In Witness Whereof, I have hereto set my hand and caused the great seal of the City of Ithaca to be affixed this the 3rd day of June in the year 2009. Carolyn K. Peterson, Mayor SPECIAL ORDER OF BUSINESS: 4.1 A Public Hearing to Consider Comments on a Proposed Substantial Amendment to the FY 2008 Action Plan for the City’s HUD Entitlement Program Resolution to Open the Public Hearing: By Alderperson Dotson: Seconded by Alderperson Clairborne RESOLVED, That the Public Hearing to Consider Comments on a Proposed Substantial Amendment to the FY 2008 Action Plan for the City’s HUD Entitlement Program be declared open. Carried Unanimously Mayor Peterson explained the projects that are included in this plan. No one appeared to address Council. Resolution to Close the Public Hearing: By Alderperson Schuler: Seconded by Alderperson Myrick RESOLVED, That the Public Hearing to Consider Comments on a Proposed Substantial Amendment to the FY 2008 Action Plan for the City’s HUD Entitlement Program be declared closed. Carried Unanimously SPECIAL PRESENTATIONS BEFORE COUNCIL: Pat Leary, Town of Ithaca Board, addressed Council regarding the following items: • Bicycle Registration – Questioned what the City’s legal authority was with the legislation • TCCOG Continues work on the Health Consortium Plan • Town of Ithaca Board will encourage the State Senate to support the Marriage Equality Bill • The Town is building two trails on West Hill • The Federal stimulus funds for the Town are being directed toward their sidewalk program City Attorney Hoffman responded to comments made regarding the proposed new bicycle legislation. Tom Hoard, Board of Fire Commissioners, addressed Council regarding the following items: • Board of Fire Commissioners, Chair, Bob Romanowski, is stepping down from the Board. Tom read a statement regarding Bob’s service to the Fire Department. June 3, 2009 3 • The new communication system is performing well; although some minor adjustments have been needed. • Senator Winner is allocating $25,000 in funding towards IFD’s new training center • There have been no serious fires in the last two months; however, there was a house fire today. Mayor Peterson reported that Assistant Superintendent for Streets and Facilities Rick Ferrel would be retiring on June 5, 2009. The Board of Public Works presented him with a “Golden Wrench” in recognition of his years of service to the City. He has agreed to assist with the preparation of the 2010 budget. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: The following people addressed Council regarding the proposed new bicycle legislation: Jonathan Hecht, Town of Danby Dirk Trachy, City of Ithaca Fay Gougakis, City of Ithaca Greg Rothnan Jason Criss, Village of Trumansburg Andrejs Ozolins, City of Ithaca Nikki Sayward, City of Ithaca Joel Harlan, Town of Newfield Lee Adler, addressed Council regarding pedestrian safety issues. Brett Bossard, Liaison to Public Art Commission, addressed Council regarding public art on the Green Street Garage. Alex Parillo, Laborers Local, addressed Council to report that the Building Trades would like to work with Common Council to show them that the apprenticeship program resolution passed in 2005 can, and will, work. He stated that he hopes the GIAC project will prove that. Bob Nape, Town of Lansing, addressed Council to voice concerns regarding the City’s water source options, Cornell Vet School waste, and the need to consider the issue of water quality closely. Fay Gougakis, City of Ithaca, addressed Council regarding safety concerns with the new bicycle lane on Green Street, as well as to support comments made by Mr. Nape. Joel Harlan, Town of Newfield, addressed Council regarding the new bicycle lane on Green Street, waste from Cornell Vet School, crime in the community, and international affairs. PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR: Alderperson Korherr thanked the speakers for their comments. She responded to comments made regarding the proposed bicycle legislation and encouraged people to support the spirit of the legislation which is to promote bicycle safety. Alderperson Coles stated that she heard all of the comments of the speakers, but wanted to focus attention on Dr. George Tiller who was shot to death on Sunday, May 31, 2009 at his church. She further stated that he was a courageous advocate for a woman’s right to choose. Alderperson Dotson thanked Mr. Adler for sharing his story about pedestrian safety concerns, and thanked everyone for coming out to speak about the proposed bicycle legislation. She stated that she hopes the legislation will go back to committee for further consideration because of concerns raised about classism and police enforcement. June 3, 2009 4 Alderperson Zumoff reported as the Council Liaison to the Board of Public Works regarding the retirement of Assistant Superintendent of Streets and Facilities Ferrel. He noted that the Board had recognized and thanked him for his 27 years of service to the City. He further extended Common Council’s thanks and appreciation to Mr. Ferrel for all of the work he has done on behalf of the City. Alderperson Tomlan thanked the speakers for their comments. She responded to comments made about bicycle registration and noted that this legislation had been discussed publicly for months. She noted that she would try to be more cognizant to communicate these issues with her constituents and contacts. Mayor Peterson responded to comments made about the city’s water supply decision. She noted that water quality and environmental review are large parts of the consideration in addition to costs. She stated that the Wastewater Treatment Plant has not decided about accepting waste from Cornell Vet School. She further noted that she would follow up with Mr. Adler regarding his comments. She thanked the representative from the Building Trades for their invitation to meet with them. She further reported that the tragic homicide/suicide attempt incident this morning did not take place in the City of Ithaca. She announced that there would be a press conference tomorrow at 6:00 p.m. regarding safe communities. Alderperson Rosario thanked the speakers for their comments. He noted that he understands the concerns about transportation issues. He further stated that conceptually he is not sure that he can support the proposed legislation even with adjustments. He stated that he would like to work with cycling groups to help promote and publicize a voluntary program for bike registration. Alderperson Clairborne thanked the speakers for coming out to the meeting. He announced the following events: Safe Communities News Conference tomorrow at 6:00 p.m. on the Commons Diversity Consortium Brunch, June 7, 2009 at the Boatyard Grill GIAC Festival, June 13, 2009 from 12 pm to 6 pm at GIAC Juneteenth Celebration will take place the weekend closest to June 19, 2009 He further responded to comments made about Dr. Tiller’s death, Mr. Adler’s story, and the proposed bicycle legislation. CONSENT AGENDA ITEMS: There were no consent items submitted for the agenda. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE: 9.1 Cayuga Green Project Phase IIB, Parcel “D” – Amend Purchase and Sale Contract - Resolution By Alderperson Dotson: Seconded by Alderperson Rosario WHEREAS, on April 13, 2009, Cayuga Green II LLC requested an extension of the purchase and sale contract with the Ithaca Urban Renewal Agency (IURA) to acquire parcel “D” of phase IIB of the Cayuga Green project and authorization to modify the project to allow construction of apartments in lieu of residential condominiums due to difficulty in securing project financing, and WHEREAS, parcel “D” is an approximately ½ acre parcel located between the Cayuga parking facility and the Six Mile Creek walk and is further identified as tax parcel #81.-2- 4 , and WHEREAS, Cayuga Green II, LLC’s proposed five-story housing project for the site has received site plan approval by the City of Ithaca Planning Board, and WHEREAS, Cayuga Green II, LLC has completed construction of phase IIA of the Cayuga Green project by constructing a 68-unit apartment building with ground floor commercial use on parcel “E” located at 131-133 E. Green Street, and WHEREAS, on April 23, 2009, the Ithaca Urban Renewal Agency approved the following amendments to the purchase and sale contract for parcel ‘D’ of phase IIB of the Cayuga Green project, subject to City of Ithaca Common Council approval: June 3, 2009 5 1. Extend deadlines to secure project financing and issuance of a building permit to June 2010. 2. Allow proposed use to be residential apartments and/or the previously authorized residential condominium use. 3. Modify seller financing on the balance of the $280,000 purchase price to be based on a 10-year term loan at an interest rate of 5.5%. Current terms require pro-rata repayment as each condominium unit is sold at an interest rate of 5.5%, and WHEREAS, under §507 of Article 15 of General Municipal Law the IURA’s proposed amendments to the purchase and sale contract for parcel “D” requires Common Council approval following a public hearing, and WHEREAS, a public hearing on the proposed amendments to the purchase and sale contract was held before the Planning & Economic Development Committee on May 20, 2009, and WHEREAS, both the current purchase and sale contract for parcel “D” and site plan review for the proposed housing project at parcel “D” were the subject of environmental reviews under the City Environmental Quality Review ordinance (CEQR) where the lead agency issued a negative declaration that the implementation of the action as proposed will not result in any significant adverse environmental impacts, and WHEREAS, the proposed amendments to the purchase and sale contract for parcel “D” are no less protective of the environment than the proposed actions that previously underwent environmental review, the original CEQR determinations stand; now, therefore, be it RESOLVED, That the City of Ithaca Common Council hereby approves the IURA- proposed amendments to the purchase and sale contract with Cayuga Green II, LLC for sale of parcel “D” of phase IIB of the Cayuga Green project (tax parcel #81.-2-4). Community Development Director Bohn explained that the developer is looking to change the status of this project from a condominium project to apartment project due to financing complications. Alderperson Clairborne questioned whether affordable housing units could be included in this project to facilitate mixed housing options in downtown. CD Director Bohn noted that this project was never designed with an affordable housing component when it was financed. The developer has received no direct subsidies or tax abatements and unless there is an accompanying subsidy, the developer would pass on the project if affordable housing became a requirement. Alderperson Rosario thanked Alderperson Clairborne for asking the question about affordable housing. He noted that the apartments will be more affordable than the condos. He explained that the developer has not requested tax abatements, and the land was sold at market rate. He feels that this project is more aesthetically pleasing and will increase the property tax base. City Attorney Hoffman stated that the City no longer owns the land. The land was conveyed to the Ithaca Urban Renewal Agency. He noted that if Common Council wants to impose requirements in the future, it should happen before the land is conveyed. Discussion followed on the floor regarding the need for affordable housing in the City and how to incorporate it into future development. Alderperson Clairborne stated that he would not support the change in the status of the project as he has been requesting that affordable housing be made a part of this project for years; however, he was always given different reasons why that couldn’t happen. He stated that he believes there are creative ways to include affordable housing in this project. June 3, 2009 6 A Vote on the Resolution resulted as follows: Ayes (8) Coles, Dotson, Rosario, Zumoff, Tomlan, Myrick, Schuler, Cogan Nays (2) Clairborne, Korherr Abstentions (0) Carried 9.2 Public Art – Green Street Garage Project – Selection of Artist – Resolution By Alderperson Dotson: Seconded by Alderperson Tomlan WHEREAS, the site plan approval for the Green Street parking garage recommended that public art be displayed on the garage upon completion of the construction project, and WHEREAS, it is the responsibility of the Public Art Commission to advise the Common Council on decisions concerning the selection, acquisition, and display of public art, and WHEREAS, the Public Art Commission developed a proposal that recommends the installation of three artwork reproductions in the window bays on the south side of the parking garage, facing Green Street, and WHEREAS, the artwork reproductions will be printed on 10’x10’ exterior grade Dibond panels and installed in aluminum frames mounted directly on the garage, and WHEREAS, the artwork will be displayed for a period of at least one year, and WHEREAS, the proposal will be funded from the Green Street garage project funds, not to exceed $10,000, and WHEREAS, the proposal was presented to the Planning & Economic Development Committee at its meeting on September 17, 2008, and the Committee adopted a resolution of support for the proposal at that meeting, and WHEREAS, the Public Art Commission issued a call for art on February 4, 2009 and received 21 submissions for the project, and WHEREAS, among the 21 submissions was a series of three painted scenes that depict everyday life in downtown Ithaca, submitted by Brody Burroughs, and WHEREAS, the Public Art Commission reviewed all of the submissions at its meeting on April 16, 2009 and recommends that the Common Council select the artwork submitted by Brody Burroughs to be installed on the Green Street Parking Garage; now, therefore, be it RESOLVED, That the Common Council of the City of Ithaca selects the original artwork submitted by Brody Burroughs for the "Green Street Parking Garage: Windows Project" (as described in the application therefor), and directs that reproductions of such artwork be temporarily installed in the three bays on the south face of the ground floor of the City's Green Street Parking Garage, upon the artist's execution of an agreement with the City (as reviewed by the City Attorney) consistent with the provisions of the application form used for this project. Carried Unanimously CITY ADMINISTRATION COMMITTEE: 10.1 Attorney’s Office - Subordination of City’s Right of First Refusal, With Regard to Property of Mutual Housing Association of Tompkins County, Inc. - Resolution By Alderperson Coles: Seconded by Alderperson Korherr WHEREAS, Mutual Housing Association of Tompkins County, Inc. (MHATC) owns and manages 28 units of affordable housing located in the Northside Triangle neighborhood, and WHEREAS, MHATC acquired title to a portion of the real property upon which said housing units are located from the City of Ithaca, in 1992, and June 3, 2009 7 WHEREAS, in conveying said property to MHATC, the City retained a right of first refusal – i.e., the right to reacquire the property in the event of a future sale or conveyance by MHATC, by matching a bona fide offer received by MHATC, within 60 days of notification of such offer, and WHEREAS, MHATC seeks to manage better its long-term debt by refinancing several existing loans into a consolidated loan of up to $675,000 with Tompkins Trust Company (TTC), and WHEREAS, on May 6, 2009, in order to facilitate said refinancing and to satisfy a condition set by Tompkins Trust Company, the Common Council agreed to subordinate its mortgage lien on certain property previously sold to MHATC by the City for its affordable housing project, and WHEREAS, another condition of Tompkins Trust Company financing is that the City agree to subordinate (to that lender) its right of first refusal regarding that property, and WHEREAS, the City views the proposed refinancing as critical to MHATC’s ability to continue to operate successfully and to provide a unique form of affordable housing, and WHEREAS, the practical effect of the requested subordination appears to be minimal, since, in the event of a foreclosure, any interest on the part of the City in reacquiring the property for value would presumably be welcomed by the lender/creditor; now therefore be it RESOLVED, That, in order to induce Tompkins Trust Company to refinance and consolidate the debt of the Mutual Housing Association of Tompkins County, the Common Council of the City of Ithaca hereby agrees to subordinate to that lender the City’s right of first refusal, with regard to the reacquisition of Tax Map Parcel No. 25-3- 1.1 (as set forth in a deed from the City to MHATC, dated April 30, 1992, and recorded in the County Clerk’s office in Book 686 of Deeds at Page 123), which subordination shall not be assignable without the City’s consent, and be it further RESOLVED, That the Mayor, upon the advice of the City Attorney, is hereby authorized to execute such instruments and take such other steps as are necessary to implement this resolution. Alderperson Coles reported that the Mutual Housing Association has been struggling to provide affordable housing while remaining financially sound. This item is an important step for them to get back on their feet. A Vote on the Resolution Resulted as follows Carried Unanimously 10.2 Request to Assign Network Integration Specialist Position to CSEA Administrative Unit – Resolution By Alderperson Coles: Seconded by Alderperson Schuler WHEREAS, in 2004, the Department of Labor issued new rules establishing eligibility for exemption from overtime pay in accordance with Section 13(a)(1) of the Fair Labor Standards Act, as defined by Regulations, 29 CFR Part 541, and WHEREAS, in an attempt to ensure compliance, the Human Resources Department re- evaluated all currently designated FLSA-exempt positions, and WHEREAS, the position of Network Integration Specialist was determined to be non- exempt based on the revised Information Technology regulations and, therefore, became eligible for overtime pay, and WHEREAS, one of the primary communities of interest among Executive Association positions is their exempt status, and many of the terms and conditions of their contract are based on this premise, particularly as it relates to accrual use and flexibility of work schedules, and June 3, 2009 8 WHEREAS, In the 2007-2011 collective bargaining agreement between the City of Ithaca and the Executive Association, the Network Integration Specialist title was authorized to be transferred to the CSEA Administrative Unit upon the completion of impact negotiations for the current incumbent, and WHEREAS, the Network Integration Specialist position has become vacant, so there is no longer a need to conduct impact negotiations; now therefore be it RESOLVED, That Common Council hereby assigns the Network Integration Specialist position to the Civil Service Employees Association, Inc., Local 1000, AFSCME, AFL- CIO, Administrative Unit at salary grade 12. Carried Unanimously 10.3 City Controller’s Report City Controller Thayer reported on the following: • 2010 budget preparation has started and capital project budget review is underway. The Commons project may be moved back and not included in the 2010 capital project requests. • Budget development will be challenging due to: increased pension costs, the impact that the economy will have on the revenue and expense accounts of budget, possible State aid reductions; sales tax; building permits; investment rates; Cornell contributions based on CPI which is running at 1% and is normally 3%; health insurance costs; however, the consortium will help City control costs; fuel price increases, bonding rates, stimulus funding questions. The City may need to use the fund balance to off-set shortfalls in revenues. All labor contracts are in place. The City’s goal is to continue to reduce the debt load and borrowing. • There has been good retail development activity which may help the local job market improve. 2009 Budget: • Sales tax revenue collections are 5% lower than 2008; if it remains on this pace the City would have a $500,000 budget shortfall • Building permit collection is on pace to meet budget projections. • Cornell contribution will be a $42,000 increase over 2008 • Parking revenues on pace to exceed budget projections • Fine revenues are on pace to exceed budget projections • Health insurance activity is within budget projections • Overtime is within budget projections • The Resolution for Health Consortium participation will be presented next month • Two RFP’s are out, one for security service to City Hall and the other for the procurement cards for city departments (with heavy internal controls) and the acceptance of credit cards. 11. NEIGHBORHOODS AND PUBLIC SAFETY COMMITTEE: There were no items submitted for the agenda 12. LEGISLATIVE ISSUES COMMITTEE: 12.1 An Ordinance to Amend Chapter 137 of the City of Ithaca Municipal Code Entitled “Bicycles” By Alderperson Clairborne: Seconded by Alderperson Korherr WHEREAS, the City of Ithaca has long prided itself on being friendly to bicyclists and to promoting the riding of bicycles for the health benefits to bicyclists in particular and to the environment in general, and WHEREAS, the City of Ithaca has supported and promoted many components of a bicycle-friendly community, [to the] including; the encouragement of bicycle carriers on public transit, to requirements for the consideration of bicycle facilities in new development projects, and [to] the designation of bicycle paths and lanes, and June 3, 2009 9 WHEREAS, the registration of bicycles in the City will assist in documenting the use and number of bicycles, which will assist in the planning of bicycle-related legislation and facilities, and WHEREAS, the process of registration will enable the dissemination of information specific to bicycle riders, and WHEREAS, the registration of bicycles in the City will facilitate the return of lost or stolen bicycles to the persons to whom they are registered; now, therefore, Ordinance No. – 09 BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows: SECTION 1. Chapter 137 of the City of Ithaca Municipal Code entitled “Bicycles” is hereby amended to read as follows: § 137-1. Riding on sidewalks prohibited; exceptions. [Amended 7-55 2006 by Ord. No. 06-11] Applicability No person shall ride, drive or operate a bicycle along any public sidewalk or upon any public footpath intended for the exclusive use of pedestrians. This provision shall not apply to children 10 years of age or under, or to anyone who, because of a disability, requires the use of a bicycle as a means of transportation or mobility. Any violation of the provisions of this section constitutes a civil offense punishable in accordance with §1-1 of the City of Ithaca Municipal Code. The regulations in this chapter apply to all bicycles operated on any street, and/or public path designated for the use of bicycles in the City of Ithaca, subject to the exceptions stated herein. § 137-2. Definitions BICYCLE – for the purpose of this chapter, a bicycle shall be defined as a two or three wheeled device upon which a person or persons may ride, propelled by human power through a belt, chain, or gears with such wheels in a tandem or tricycle, except that it shall not include such a device having solid tires, and intended for use only on a sidewalk by pre-teenage children. § 137-3. Registration Required No person shall operate a bicycle on any street or public path designated for the use of bicycles in the City, unless such bicycle has been registered and a registration sticker is attached thereto. § 137-4. Registration Process, Fee, Ownership (a) Authority; Duration The Chief of Police or his/her designee is authorized to issue a bicycle registration sticker upon receiving a proper application. Such sticker shall be firmly attached to the bicycle frame in such position as to be plainly visible. The sticker shall bear the registration number assigned to the bicycle and it shall cite the name of the City, to wit; “City of Ithaca”. There shall be no fee associated with bicycle registration. Registration of a bicycle does not confer ownership of the bicycle upon the registrant. (b) Records The Chief of Police shall keep a record of the numbers of each registration, the date issued, the name and address of the person to whom the registration was issued, and the serial number on the frame of the bicycle for which it was issued. It shall be the responsibility of the bicycle owner and/or registrant to notify the Ithaca Police Department Records Unit if there is a change in any of the information listed on the registration. (c) Duration The bicycle registration shall not have an expiration date, and shall remain in effect until ownership and/or lawful possession of the bicycle is transferred. June 3, 2009 10 (d) Transferability Registration stickers are not transferable. Upon the sale or other transfer of a registered bicycle, the registrant shall remove the registration sticker. (e) Illegible Sticker; Replacement Sticker; Unauthorized Removal Prohibited In the event a bicycle registration sticker is lost, stolen, mutilated, defaced or is otherwise illegible, a replacement sticker shall be obtained from the Police Department. It shall be unlawful for any person to willfully or maliciously remove, destroy, mutilate or alter the registration sticker except for the purpose of affixing a valid replacement sticker or removal pursuant to Section 137-4 (d) herein. Such conduct shall be deemed a violation of this section pursuant to §1-1 of the City of Ithaca Municipal Code. § 137-5. Bicycle Rental Agencies A bicycle rental agency shall not rent or offer any bicycle for rent unless the bicycle is registered and a sticker is properly attached thereto as provided for herein and such bicycle is equipped as required by the NYS Vehicle and Traffic Law. § 137-6. Bicycle Dealers Every person lawfully engaged in the business of selling or donating new or used bicycles in the City of Ithaca shall register each bicycle sold or donated by the business, and shall keep a record of the numbers of each registration, the date issued, the name and address of the person to whom the registration was issued, and the serial number on the frame of the bicycle for which it was issued. Registration information shall be forwarded to the Ithaca Police Department on a monthly basis by the dealer. The Ithaca Police Department shall provide the bicycle dealers with the requisite registration documents. § 137-7. Bicycle Safety All persons operating bicycles on any street or public path in the City of Ithaca will comply with all applicable State and Federal laws pertaining to traffic and bicycle safety. § 137-8. Riding on Sidewalks No person shall ride, drive or operate a bicycle along any public sidewalk or upon any public path intended for the exclusive use of pedestrians unless the sidewalk or path is marked for bicycle use by the Department of Public Works. This provision shall not apply to children 10 years of age or under, or to anyone who, because of a disability, requires the use of a bicycle as a means of transportation or mobility. Whenever any person is operating a bicycle upon a sidewalk, such person shall yield the right-of-way to any pedestrian and shall give audible signal before overtaking and passing such pedestrian. § 137-9. Penalties for Offenses Unless otherwise provided for herein, the violation of any provision of this chapter shall be a civil offense punishable in accordance with § 1-1 of the City of Ithaca Municipal Code. Notwithstanding the foregoing, no fine shall be imposed upon a first violation of Section 137-3 of this Chapter if within ten (10) days of issuance of such charge, the person so charged corrects the violation by registering the bicycle in question, as provided for in this chapter. Further violations of Section 137-3 of this Chapter shall be subject to a fine in an amount not to exceed ten dollars. SECTION 2. SEVERABILITY If any clause, sentence, paragraph, section, Article, chapter or part of this resolution or of any resolution included in Part II of the Code now or through supplementation shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof but shall be confined in its operation to the clause, sentence, paragraph, section, Article, chapter or part thereof directly involved in the controversy in which such judgment shall have been rendered. 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. June 3, 2009 11 Mayor Peterson explained that there is bicycle registration legislation currently in existence and noted that it is contained in Chapter 65 of the City of Ithaca Municipal Code. City Clerk Holcomb explained the history of the legislation. Motion to Refer to Committee: By Alderperson Clairborne: Seconded by Alderperson Dotson RESOLVED, That this Ordinance be referred back to the Legislative Committee meeting for further discussion and consideration. Discussion followed on the floor regarding comments and suggestions that had been received. Ithaca Police Officer Ryan Mayo addressed Council and explained that he thinks a lot of the concerns voiced by the public are due to lack of information. He stated that the law is on the books and is mandatory right now. He noted that the Police Department is trying to enhance their face-to-face connections with members of the public and this program would allow them to provide individual education on bicycle safety issues. He further noted that the inferences made that Ithaca Police Department Officers harass people on bicycles is not true or fair. Mayor Peterson stated that it is not unusual for concerns to be raised at the last minute in connection with proposed legislation. A Vote on the Motion to Refer resulted as follows: Carried (9-0) (Alderperson Korherr absent from vote) 13. REPORT OF SPECIAL COMMITTEES: There were no reports from special committees. 14. NEW BUSINESS: 14.1 Support from the City of Ithaca for Tompkins County Comment on Items not Addressed in the New York State Department of Environmental Conservation Final Scope for Draft Supplemental Generic Environmental Impact Statement (dSGEIS) on Oil, Gas, and Solution Mining Regulatory Program for the Marcellus Shale By Alderperson Coles: Seconded by Alderperson Schuler WHEREAS, Tompkins County and its municipalities have a responsibility to preserve and protect our natural resources, water resources, highway infrastructure, and quality of life for our residents, now therefore be it RESOLVED, That permitting for gas drilling be delayed until New York State has in place an adequately funded as well as staffed inspection and enforcement program, and be it further RESOLVED, That the comment following promulgation of the dSGEIS be extended to at least ninety (90) days, and be it further RESOLVED, That since adequate regulation and oversight by the New York State Department of Environmental Conservation will cost significant State funds, New York State should enact a severance tax and adequate permit fees on gas drilling companies to pay the costs of such regulation and oversight, and be it further RESOLVED, That New York State require that all substances intended to be introduced into wells be identified and the information be made public, with special notification to local emergency response personnel and health care providers, before use of such chemicals is permitted, and be it further RESOLVED, That a copy of this resolution shall be sent to Governor Paterson, Senators Skelos, Malcolm Smith, Winner, Seward, and Nozzolio, Speaker Silver, Assemblywoman Lifton, Chair of Senate Committee on Environmental Conservation Marcellino, Chair of Assembly Committee on Environmental Conservation Sweeney, Attorney General Cuomo, Representatives DeGette, Salazar, and Hinchey, Senators June 3, 2009 12 Schumer and Gillibrand, Congressman Arcuri, and the New York Conference of Mayors. Amending Resolution: By Alderperson Coles: Seconded by Alderperson Schuler RESOLVED, That the fourth Resolved clause be amended to read as follows: “RESOLVED, That New York State require that all substances intended to be introduced, or introduced into wells or wastewater treatment plant systems be identified and the information be made public, with special notification to local emergency response personnel and health care providers, before use of such chemicals is permitted, and be it further” Carried Unanimously Main Motion As Amended: A Vote on the Main Motion as Amended resulted as follows: Carried Unanimously 15. INDIVIDUAL MEMBER – FILED RESOLUTIONS: 15.1 HUD Entitlement Grant Program, Use of Community Development Block Grant Recovery Funds (CDBG-R), Substantial Amendment to 2008 Action Plan - Resolution By Alderperson Clairborne: Seconded by Alderperson Zumoff WHEREAS, the City of Ithaca has been allocated $218,743 in Community Development Block Grant Recovery (CDBG-R) funds through the American Recovery & Reinvestment Act of 2009 (Recovery Act), and WHEREAS, the City of Ithaca has authorized the Ithaca Urban Renewal Agency (IURA) to administer the City’s HUD Entitlement program that includes Community Development Block Grant funds, and WHEREAS, on May 5, 2009, the U.S. Department of Housing & Urban Development (HUD) issued program requirements for CDBG-R allocations that require grantees to submit a substantial amendment to its 2008 Action Plan describing its proposed use of CDBG-R funds to HUD by June 5, 2009 or the funding allocation may be canceled, and WHEREAS, unlike a normal substantial program amendment to an Action Plan that is approved by Common Council and reported to HUD after the fact, this program amendment must be approved by HUD, and WHEREAS, a substantial amendment to the 2008 Action Plan requires a public hearing upon seven days prior notice on the proposed amendment and Common Council approval, and WHEREAS, 10% of CDBG-R funds are allocated for administration, providing $196,868.70 to fund a CDBG-eligible activity, and WHEREAS, CDBG-R funding is intended to be utilized for a CDBG-eligible activity that is consistent with the intent of the Recovery Act and the City’s Consolidated Plan, and WHEREAS, the Recovery Act requires that priority in project selection be given to projects that can award contracts based on bids within 120 calendar days from the date funds are made available, and WHEREAS, purposes of the Recovery Act include: 1. To preserve and create jobs (including construction jobs) and promoting economic recovery; 2. To assist those most impacted by the recession; 3. To provide investment needed to increase economic efficiency; 4. To invest in transportation, environmental protection, or other infrastructure that will provide long-term economic benefits; 5. To minimize or avoid reductions in essential services; 6. To foster energy independence; and June 3, 2009 13 WHEREAS, HUD staff encourages the City to submit a single, stand-alone project with no feasibility obstacles that will begin construction this summer, and WHEREAS, the IURA has reviewed prior submitted projects that were unable to be included in the 2009 Action Plan due to lack of funding resources and has consulted with high-capacity subgrantees to define proposed projects that meet the intent and requirements for CDBG-R funds, and WHEREAS, both Community Housing of Ithaca, Inc. (CHI) and Ithaca Neighborhood Housing Services, Inc. (INHS) were invited to submit formal CDBG-R funding proposals, and WHEREAS, CHI proposes to use CDBG-R project funds for phase 2 of the Spencer Road Affordable Housing project at 638 Spencer Rd. to construct two three-bedroom affordable rental housing units in a duplex format incorporating renewable energy technology and an enhanced weatherization package, and WHEREAS, the total project cost for the CHI project is projected to be approximately $323,400, and WHEREAS, INHS proposes to use CDBG-R project funds for major rehabilitation of 203 Elm Street, a four-unit, affordable rental property owned by INHS and currently occupied by extremely low income households, which will include structural repairs that threaten the longevity of the building, significant energy efficiency improvements, interior renovations as well as window replacement and an exterior upgrade, and WHEREAS, the total project cost for the INHS project is projected to be approximately $258,000, and WHEREAS, the IURA considered how the above projects match CDBG-R project selection criteria and recommended directing CDBG-R funding to the Spencer Road Affordable Housing project, phase II on the condition that a written loan commitment from M&T Bank is received by June 1, 2009, and WHEREAS, in the event that the above project financing contingency is not satisfied, the IURA recommended that CDBG-R funding be directed to INHS for the 203 Elm Street rental housing rehabilitation project, and WHEREAS, a public hearing on the proposed use of CDBG-R funds was held on June 3, 2009 following a seven-day comment period; now, therefore, be it RESOLVED, That the City of Ithaca Common Council hereby approves a substantial program amendment to the 2008 Action Plan for use of the supplementary CDBG-R funding allocated to the City of Ithaca through the American Recovery & Reinvestment Act to fund the following activity: Spencer Road Affordable Housing Project, phase II New Construction by Community Housing of Ithaca, Inc. (CHI) of a duplex containing two, affordable 3-bedroom rental housing units located at 638 Spencer Road. The duplex will be Energy Star certified for energy efficiency and include a solar hot water installation for domestic hot water and space heating needs. $196,868.70 Spencer Road Affordable Housing Project, phase II $21,874.30 IURA Administration $218,743.00 Total CDBG-R funding, and be it further RESOLVED, That selection of the CHI project is contingent upon receipt by June 1, 2009 of a written loan commitment from M& T Bank in sufficient amount to fully fund the proposed activity, and be it further June 3, 2009 14 RESOLVED, That if the above project financing contingency is not satisfied, the INHS rehabilitation of the 4-unit rental property located at 203 Elm Street shall be approved for use of CDBG-R funds, and be it further RESOLVED, That the Mayor, subject to review by the City Attorney, is hereby authorized to execute any and all documents to submit this program amendment to HUD and accept CDBG-R funding. Community Development Director Bohn explained that the project has received a financing loan commitment, but it is different than what was expected. He stated that a secondary loan commitment has been secured and is being held in escrow. He further stated that an alternate lender has been identified, so the resolution should be modified. Amending Resolution: By Alderperson Zumoff: Seconded by Alderperson Schuler RESOLVED, That the 17th Whereas clause be amended to read as follows: “WHEREAS, the IURA considered how the above projects match CDBG-R project selection criteria and recommended directing CDBG-R funding to the Spencer Road Affordable Housing project, phase II, and “ Discussion followed on the floor regarding information contained in the Resolution that is no longer relevant as the Spencer Road project is the only project under consideration. Amendment to Amending Resolution: By Alderperson Coles: Seconded by Alderperson Schuler RESOLVED, That the 16th, 17th, 18th, and 19th Whereas Clauses be removed from the resolution, and be it further RESOLVED, That the 2nd and 3rd Resolved clause be removed from the resolution. Carried Unanimously A vote on the Amending Resolution resulted as follows: Carried Unanimously Main Motion As Amended: A Vote on the Main Motion As Amended resulted as follows: Carried Unanimously 15.2 Common Council – Adoption of the 2010 Pegasys Budget - Resolution By Alderperson Dotson: Seconded by Alderperson Coles WHEREAS, the Franchise Agreement between Time Warner Entertainment and the City of Ithaca signed in 2003 authorizes Time Warner Entertainment to collect $.15 per subscriber per month to be used for the purchase of equipment for the PEG Access Studio, and WHEREAS, the total capital budget for the life of the ten-year agreement was estimated to be $200,000, and WHEREAS, the Franchise Agreement outlines the creation of an Access Oversight Committee which shall be responsible for approving the timing, use and amount of PEG access equipment acquired each year over the term of the agreement, and WHEREAS, the Access Oversight Committee has approved a 2010 capital budget in the amount of $19,800, and WHEREAS, the Franchise Agreement states that participating municipalities, including the City of Ithaca, must adopt the annual PEG Access Studio budget by June 30 of the preceding year; now, therefore be it RESOLVED, That Common Council adopts the 2010 PEG Access Studio budget as approved by the Access Oversight Committee on May 12, 2009. Alderperson Dotson provided background to Common Council regarding equipment replacements, the access studio, and the City Hall media booth. June 3, 2009 15 Discussion followed on the floor regarding how funding is distributed among the different involved agencies. A Vote on the Resolution resulted as follows: Carried Unanimously MAYOR’S APPOINTMENTS: 16.1 Appointments to the Policy Oversight Committee for Tompkins County and Cornell University Joint Housing Affordability Program: By Alderperson Korherr: Seconded by Alderperson Myrick RESOLVED, That Alderpersons Coles, Clairborne, and IURA member Doug Dylla be appointed to the Policy Oversight Committee for Tompkins County and Cornell University Joint Housing Affordability Program. Carried Unanimously 16.2 Appointment to Commons Advisory Board: By Alderperson Rosario: Seconded by Alderperson Clairborne RESOLVED, That Christopher Kusznir be appointed to the Commons Advisory Board to fill a vacancy with a term to expire December 31, 2010. Carried Unanimously REPORTS OF COMMON COUNCIL LIAISONS: Board of Public Works Alderperson Zumoff reported that the Board of Public Works is working on the environmental review of the two water options and their goal is to be finished with the work on the findings statement and recommendation of a water source by July 8, 2009. He further reported that the Board of Public Works passed the final environmental impact statement last week, although it is not yet available for public comment. 20. MINUTES FROM PREVIOUS MEETINGS: 20.1 Approval of the April 1, 2009 Regular Common Council Meeting Minutes – Resolution By Alderperson Zumoff: Seconded by Alderperson Myrick RESOLVED, That the minutes of the April 1, 2009 Regular Common Council Meeting be approved with noted corrections. Carried Unanimously 20.2 Approval of the April 16, 2009 Special Common Council Meeting Minutes - Resolution By Alderperson Zumoff: Seconded by Alderperson Myrick RESOLVED, That the minutes of the April 16, 2009 Special Common Council Meeting be approved with noted corrections. Carried Unanimously 20.3 Approval of the May 6, 2009 Regular Common Council Meeting Minutes – Resolution By Alderperson Zumoff: Seconded by Alderperson Myrick RESOLVED, That the minutes of the May 6, 2009 Regular Common Council Meeting be approved with noted corrections. Carried Unanimously ADJOURNMENT: On a motion the meeting adjourned at 10:50 p.m. ______________________________ _______________________________ Julie Conley Holcomb, CMC Carolyn K. Peterson, City Clerk Mayor