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HomeMy WebLinkAboutMN-CC-2009-11-04COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 7:00 p.m. November 4, 2009 PRESENT: Mayor Peterson Alderpersons (9) Coles, Dotson, Rosario, Clairborne, Tomlan, Zumoff, Schuler, Cogan, Mohlenhoff OTHERS PRESENT: City Clerk – Conley Holcomb City Attorney – Hoffman City Controller – Thayer Superintendent of Public Works – Gray EXCUSED: Alderperson Myrick PLEDGE OF ALLEGIANCE: Mayor Peterson led all present in the Pledge of Allegiance to the American Flag. ADDITIONS TO OR DELETIONS FROM THE AGENDA: Mayor Peterson requested the addition of an Executive Session to discuss matters of current litigation. No Council member objected. Mayor Peterson also requested the addition of a discussion regarding January meeting dates, the appointment of a member to the TCAT Board, and a presentation on the Martin Luther King, Jr. Freedom Walkway. No Council member objected. PROCLAMATIONS/AWARDS: Mayor Peterson presented the Quarterly Employee Recognition Award to Ithaca Police Officer Jacob Young for his work on the 2009, $7,000, “Buckle Up” New York Grant received by the department. Officer Young handled every aspect of the program from writing the grant application, posting the detail shifts, and reporting/billing. Officer Young’s efforts contributed to the safety of the community and are very much appreciated. SPECIAL ORDER OF BUSINESS: 4.1 A Public Hearing to Consider the 2010 Mayor’s Recommended Budget Resolution to Open Public Hearing: By Alderperson Rosario: Seconded by Alderperson Schuler RESOLVED, That the Public Hearing to Consider the 2010 Mayor’s Recommended Budget be declared open. Carried (8-0) Alderperson Clairborne absent from vote Dianne Orcutt, Village of Cayuga Heights, thanked Common Council for their support of the Hangar Theater and the building renovation / site improvement project. Lisa Bushlow, Executive Director of the Hangar Theater, thanked Common Council for their support of the funding for the Hangar Theater site improvement project. She extended a special thanks to City Attorney Hoffman, Mayor Peterson, Alderperson Coles and members of city staff for all of their assistance and support of the project. Alderperson Clairborne arrived at 7:10 p.m. Resolution to Close Public Hearing: By Alderperson Coles: Seconded by Alderperson Schuler RESOLVED, That the Public Hearing to Consider the 2010 Mayor’s Recommended Budget be declared closed. Carried Unanimously (9-0) November 4, 2009 2 SPECIAL PRESENTATIONS BEFORE COUNCIL: Raymond Schlather, Board of Public Works Commissioner, Leslie Chatterton, Historic and Neighborhood Planner, and Leslyn McBean Clairborne, Deputy Director of GIAC (who are all members of the Implementation Committee) presented the Martin Luther King Jr. Freedom Walk proposal. They reviewed the history of this initiative which included the dual designation of State / Martin Luther King, Jr. Street. One of the goals of the Freedom Walk is to incorporate Ithaca’s local history (residents and events), along with the accomplishments, values, vision, wisdom and heritage of Martin Luther King, Jr. Proposed information hubs include the Southside Community Center, GIAC, DeWitt Park, Town Hall (former Post Office). Interpretive walking trails would include the Southside and Northside neighborhoods with future plans to include Cornell University. BPW Commissioner Schlather noted that Common Council approved $20,000 to fund this initiative and there is approximately $10,000 remaining in the account. The Board of Public Works is requesting that an additional $20,000 be allocated to the project, and agreed to off-set those funds through increased parking revenues. Community outreach meetings have been scheduled for December 5, 2009, 9:00 am – 11:00 am, at the Southside Community Center; and January 19, 2010 during GIAC’s annual Martin Luther King Jr. birthday celebration. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: The following people addressed Common Council: Holly Hollingsworth, T/Brooktondale, voiced his support of the Posthumous Honors Protocol and offered his recommendations regarding flying the American Flag at half- staff. He suggested that the protocol be sent back to committee for further work. Mr. Hollingsworth further thanked Common Council and the Mayor for their proclamation of “Holly Hollingsworth Day”, and for their support and participation in the Dewitt Park Memorial Re-dedication Ceremony. Joel Harlan, T/Newfield, addressed issues related to the Town of Ithaca Carrowmoor Housing Project and other regional development projects. PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR: Alderperson Dotson reported that the Department of Environmental Conservation has extended the public comment period to December 31, 2009 for the Draft Supplemental Generic Environmental Impact Statement on hydraulic natural gas drilling in Marcellus Shale. The Tompkins County Council of Governments (TCCOG) is hosting an informational meeting on November 5, 2009 at 7:00 p.m. at the Unitarian Church. Alderperson Schuler stated that the COMPASS II report has been completed. She further commented on an article that she recently read entitled “The Age of Adulthood”. Alderperson Zumoff acknowledged the five people who were recently elected/re-elected to Common Council and noted that he looks forward to working with them in January. Alderperson Clairborne extended his congratulations to the three new Common Council members and thanked them for their commitment to serve. He thanked all of the people who went to the polls to vote even though there were many uncontested races. Alderperson Clairborne further extended his thoughts and prayers to Ithaca City School Board member Scott Perez who is dealing with a serious illness in his family. People wishing to contribute financial support to the Perez family can do so at GIAC and the Multicultural Resource Center. Alderperson Schuler and Mayor Peterson commented on the low voter turn-out and how the 2010 Census may impact re-districting election wards/districts. Mayor Peterson reported, on behalf of Police Chief Vallely, that Lieutenant Peter Tyler has been appointed Deputy Police Chief. She noted that this is a historic moment for November 4, 2009 3 the Police Force as Deputy Chief Tyler will become the highest ranking African American in the history of the department. Mayor Peterson further reported that there will be an Open House on Saturday, November 7, 2009 from 11:00 am – 3:00 pm in the Wegmans parking lot for the public to view the new Mobile Command Vehicle, which replaces the old SWAT bus. Mayor Peterson noted that she would be attending the New York Conference of Mayors (NYCOM) Executive Board meeting and Legislative session. She stated that she expects aid to cities to be a primary topic of discussion. CONSENT AGENDA ITEMS: City Administration Committee: 8.1 Finance/Controller’s Office - Request Authorization to Cover Red Accounts - Resolution By Alderperson Cogan: Seconded by Alderperson Rosario RESOLVED, That the City Controller be empowered to make transfers within the 2009 Budget appropriations, as needed, for the remainder of the 2009 Fiscal year. Carried Unanimously (9-0) LEGISLATIVE COMMITTEE: 9.1 Protocol for Posthumous Honors - Resolution By Alderperson Clairborne: Seconded by Alderperson Coles WHEREAS, the passing away of former or present members of the City of Ithaca workforce (including elected officials), City representatives on the Tompkins County Legislature, City residents serving in the armed forces of the United States, and other distinguished City residents with a commendable record of community service can be a cause for reflecting on their lives in order to recognize and honor their service in a public manner; and WHEREAS, at this time the City of Ithaca does not have an official guide or protocol for responding to the loss of such public servants; and WHEREAS, such a protocol could lend more consistency and thoroughness to the City’s means of response in such situations; now therefore be it RESOLVED, That the following Protocol for Posthumous Honors is hereby adopted by the Common Council of the City of Ithaca for the purpose of setting forth the options available to the Mayor and the entire Common Council during the initial period of mourning for a highly regarded, deceased public servant in the City of Ithaca: City of Ithaca Protocol for Posthumous Honors 1. This Protocol may be invoked upon the death of persons in the following categories: a. Current or past Mayors of the City of Ithaca b. Current or past members of Common Council c. Current or past City representatives on, and chairs of, the Tompkins County Legislature d. Current or retired City employees e. City residents who are currently members of the United States armed forces f. Other community servants whose work significantly benefited the City and whose names the Mayor or another member of Common Council brings forward. 2. Additionally, this protocol may be applied upon the death of State or federal officials who represent or otherwise serve the City of Ithaca, unless otherwise directed from the President of the United States or Governor of New York State. 3. As soon as practical upon learning of the death of a person in any of the categories listed above, the Mayor and other Common Council members shall take reasonable steps to facilitate the distribution of this news to the City’s elected officials and senior staff, and to solicit any suggestions for honoring the deceased, per this protocol. 4. Any of the following Options may be implemented under this Protocol. (See Paragraph 6, below, for applicability of Options to persons in particular categories.) November 4, 2009 4 When selected, any Option shall be performed with dignity, either as a separate action (in the case of the Mayor) or in the early portion of the appropriate meeting of the Common Council: a. The Mayor may declare a period of public mourning b. The Mayor may order the lowering of the U.S. flag at City facilities to half-staff c. The Mayor may issue a proclamation honoring the deceased (after soliciting suggestions as to content from the other members of Common Council) d. Common Council may approve a resolution acknowledging and appreciating the service of the deceased. i. The Mayor or any other member of Common Council may propose such a resolution. Unless impractical to do so, any such proposed resolution shall be circulated in advance to all Council members before the resolution appears on the Council agenda. ii. Any such resolution shall state that it “shall be spread upon the Official Minutes of the Common Council and [that] a copy of the same shall be transmitted to the family of the deceased by the City Clerk.” e. The Mayor may call for those present at a Common Council meeting to remain standing and to observe a Moment of Silence in honor of the deceased following the Pledge of Allegiance. During Privilege of the Floor at a Common Council meeting any Councilperson may request such a Moment of Silence, which request shall be honored unless there is an objection, in which case it shall be automatically deemed to be postponed until a future meeting. To avoid any potential embarrassment, any Councilperson who intends to propose a Moment of Silence should inform the Mayor and other Councilpersons in advance of his or her intention. f. The Mayor or any other Council member may deliver his or her own personal tribute to the deceased during Privilege of the Floor at the next meeting of Common Council. 5. Options (a.) and (b.) in the preceding section may be initiated and implemented by the Mayor, acting alone or at the behest of Common Council, within 24 hours after receiving notice of the person’s passing. Any selected action(s) from Options (c.) through (f.) should occur as soon as practicable but no later than three months after the date of death, during the next regularly scheduled meeting of Common Council. Depending on timing, the family of the deceased may be personally invited to the meeting. 6. The Options listed below are generally applicable to persons in the following categories, although any other Option may be deemed appropriate in any case: (a) For elected officials, Options (a.) through (f.) (b) For retired, revered employees, Options (d.) through (f.) (c) For other revered members of the community, Options (d) through (f.) 7. In addition to the Options listed herein, the City’s Director of Human Resources, any other department head, or the Mayor may facilitate the following steps, while observing relevant labor agreements: - outreach to the deceased (elected, staff, or volunteer) person’s family - notification to all City staff - allow affected City staff time to attend related funeral services for the deceased - help facilitate voluntary contributions to charities identified by the deceased’s family (City funds are not to be used for this purpose) - list and honor City employees who have passed away during the preceding year at the City’s annual picnic for its employees. 8. Application of this Protocol, or any part of it, to any particular individual shall be solely within the discretion of the Mayor and the Common Council. Nothing herein shall be construed to entitle any person to any Option described herein or to require, limit, or prohibit any particular action on the part of the Mayor or the Common Council. and be it further RESOLVED, That, upon its adoption, this Protocol shall be included in any master listing, assemblage, or inventory of the City’s Policies, Procedures, and Protocols. Alderperson Clairborne thanked Mr. Hollingsworth for his comments on the proposed protocol as it relates to lowering the American Flag to half-mast. He explained that in November 4, 2009 5 addition to the protocol, a resource guide will be developed that will include templates of resolutions, American Flag protocols, etc. Alderperson Tomlan noted that she appreciates Alderperson Clairborne’s thoughtfulness in bringing this issue forward as it may offer guidance on how to handle the different situations. She stated that she feels more comfortable with the protocol as the language includes the word “may” as opposed to “shall”. Amending Resolution By Alderperson Tomlan: Seconded by Alderperson Zumoff RESOLVED, That the first paragraph of the 1st Resolved clause be amended to read as follows: “RESOLVED, That the following Protocol for Posthumous Honors is hereby adopted by the Common Council of the City of Ithaca for the purpose of setting forth the options available to the Mayor and the entire Common Council during the initial period of mourning for a highly regarded, deceased public servant in the City of Ithaca:” Carried Unanimously (9-0) Mayor Peterson commented that the level of detail in the protocol makes it more difficult for her (i.e. conformity to the Flag protocol), and she prefers the simplicity of the County’s policy. Alderperson Rosario questioned whether Mr. Hollingsworth’s comments should be given more consideration and whether the Resolution should be referred back to committee for further discussion. Alderperson Clairborne noted that the flag protocol would be part of the resource guide, and doesn’t need to be included in the Resolution. The resource guide & flag protocol will be included in a compilation of all of the city’s policies and procedures. Alderperson Clairborne further noted that EMTs could be added to Section 1 (d) and 6(d). Amending Resolution By Alderperson Clairborne: Seconded by Alderperson Schuler RESOLVED, That Section (1) the 1st Resolved clause be amended to read as follows: “1. This Protocol may be invoked upon the death of persons in the following categories: a. Current or past Mayors of the City of Ithaca b. Current or past members of Common Council c. Current or past City representatives on, and chairs of, the Tompkins County Legislature d. Current or retired City employees or public safety personnel e. City residents who are currently members of the United States armed forces f. Other community servants whose work significantly benefited the City and whose names the Mayor or another member of Common Council brings forward.”, and, be it further RESOLVED, That Section (6) of the 1st Resolved clause be amended to read as follows: “6. The Options listed below are generally applicable to persons in the following categories, although any other Option may be deemed appropriate in any case: (a) For elected officials, Options (a.) through (f.) (b) For retired, revered employees, Options (d.) through (f.) (c) For other revered members of the community, Options (d) through (f.) (d) For public safety personnel and US Armed Forces, Options (a) through (f)” Alderperson Dotson questioned how this Protocol would interact with Police and Fire protocols. Alderperson Clairborne stated that this Protocol would not supersede those existing protocols. Alderperson Rosario stated that he can’t support this Resolution the way that it is currently configured. He noted that he supports lowering the Flag to half-mast for police officers, fire fighters, EMTs, more than he does for political figures. Alderperson Mohlenhoff suggested that the protocol be referred back to committee for further discussion. Alderperson Cogan stated that he appreciates the goal of the protocol but new information has been shared, so it needs a little more work. November 4, 2009 6 Motion to Refer to Committee By Alderperson Cogan: Seconded by Alderperson Dotson RESOLVED, That the Resolution be referred back to the Legislative Committee for further consideration. Ayes (6) Coles, Dotson, Rosario, Tomlan, Mohlenhoff, Cogan Nays (3) Zumoff, Clairborne, Schuler Carried (6-3) CITY ADMINISTRATION COMMITTEE: 11.1 Adoption of 2010 Budget – Resolution By Alderperson Coles: Seconded by Alderperson Cogan WHEREAS, this Common Council is now considering adoption of the Amended Executive Budget for 2010 as approved by the Committee of the Whole, and WHEREAS, it is the consensus of this Common Council that the total appropriations and estimated revenues, as set forth in said Amended Executive Budget for 2010 and as those amounts may be altered by action of this Common Council at its November 4, 2009 meeting, are adequate for the operation of the City during 2010, now, therefore be it RESOLVED, That this Common Council accepts and approves said Amended Executive Budget for 2010, together with any additional changes made in said budget at Council's November 4, 2009 meeting as the City of Ithaca Budget for 2010, in the total amount of $58,431,727, and be it further RESOLVED, That the following sections of the 2010 Budget be approved: A) General Fund Appropriations B) Water Fund Appropriations C) Sewer Fund Appropriations D) Solid Waste Fund Appropriations E) General Fund Revenues F) Water Fund Revenues G) Sewer Fund Revenues H) Solid Waste Fund Revenues I) Debt Retirement Schedule J) Capital Projects K) Schedule of Salaries and Positions - General Fund L) Schedule of Salaries and Positions - Water & Sewer Fund M) Schedule of Salaries and Positions - Solid Waste Fund N) Authorized Equipment - General Fund O) Authorized Equipment - Water Fund P) Authorized Equipment - Sewer Fund Q) Authorized Equipment - Solid Waste Fund Amending Resolution By Alderperson Zumoff: Seconded by Alderperson Coles RESOLVED, That the budget be increased by $20,000 to $58,451,727 for the Martin Luther King, Jr. Freedom Walk with the costs to be off-set with parking revenues. City Controller Thayer explained that the balance of the Martin Luther King Jr. Project account is $16,630. He stated that the Implementation Committee could use the funds currently available and request that unallocated funds in the unrestricted contingency fund be used to finance the rest of the project, or Common Council could vote to add these funds to the budget. Alderperson Tomlan questioned what the additional funds would be used for. Alderperson Zumoff noted that the Committee was not specific but was looking for some flexibility. Mayor Peterson commented that she was not comfortable having these funds tied to increased parking revenue as those funds would not be guaranteed. Alderperson Dotson stated that she appreciates the motion and the direction of the project, but would like the Implementation Committee to come back with more detailed November 4, 2009 7 information on what the funding would be used for. She further noted that she thinks that parking revenues could be a possible way to fund this initiative. Alderperson Tomlan questioned whether there was a way to replace the $3,370 that has already been spent so that the Implementation Committee could start 2010 with $20,000. A vote on the Amending Resolution resulted as follows: Ayes (1) Zumoff Nays (8) Coles, Dotson, Clairborne, Rosario, Tomlan, Schuler, Mohlenhoff, Cogan Failed (1-8) Main Motion A vote on the Main Motion resulted as follows: Carried Unanimously (9-0) 11.2 Adoption of 2010 Tax Rate - Resolution By Alderperson Coles: Seconded by Alderperson Cogan WHEREAS, the 2010 City of Ithaca Budget was approved, adopted and confirmed in the total amount of $58,431,727 on November 4, 2009, in accordance with a detailed Budget on file in the Office of the City Controller, and WHEREAS, available and estimated revenues total $40,201,570 leaving $18,230,157 as the amount to be raised by taxation, and WHEREAS, the Assessment Roll for 2010 certified and filed by the Assessment Department of Tompkins County, has been footed and approved and shows the total net taxable valuation as $1,480,922,619, and WHEREAS, under Charter provisions, the tax limit for City purposes amounts to $27,076,609 for 2010; now, therefore, be it RESOLVED, That the tax rate for general purposes, for the fiscal year 2010, be, and the same hereby is, established and fixed at $12.31 per $1,000 of taxable valuation as shown, certified and extended against the respective properties on the 2010 Tax Roll, thereby making a total tax levy, as near as may be, of $18,230,157, and be it further RESOLVED, That the amount of said tax levy be spread, and the same hereby is levied upon and against the respective properties as shown on said City Tax Roll, in accordance with their respective net taxable valuation, at the rate of $12.31 per $1,000 of such taxable valuation, and be it further RESOLVED, That the City Chamberlain be, and hereby is, directed to extend and apportion the City Tax as above, and that upon the completion of the extension of said Roll, the City Clerk shall prepare a warrant on the City Chamberlain for the collection of said levy; and the Mayor and the City Clerk hereby are authorized and directed to sign and affix the corporate seal to such warrant and forthwith to file the same with said Tax Roll with the City Chamberlain, and be it further RESOLVED, That upon the execution and filing of said warrant and Tax Roll with the City Chamberlain, the amounts of the City Tax set opposite each and every property shall hereby become liens, due, payable and collectible in accordance with provisions of the City Charter and other laws applicable thereto, and be it further RESOLVED, That the total sum of $58,431,727 be appropriated in accordance with the Budget adopted, to the respective Boards, Offices and Departments of the City, for the purposes respectively set forth therein. The 2010 Assessment Roll has been completed and approved by the Assessment Department of Tompkins County and resulted in the following valuation: Total Value of Real Property $3,844,922,945 Less: Value of Exempt Property $2,392,895,800 $1,452,027,145 November 4, 2009 8 Plus: Value of Special Franchises $28,895,474 Net Value of Taxable Property $1,480,922,619 Carried Unanimously (10-0) Mayor Peterson voting Aye 11.3 Adoption of 2010 Ithaca Area Wastewater Treatment Plant Budget - Resolution By Alderperson Coles: Seconded by Alderperson Zumoff WHEREAS, this Common Council is now considering adoption of the Amended Joint Activity Fund Budget for 2010 as approved by the Committee of the Whole, and WHEREAS, it is the consensus of this Common Council that the total appropriations and estimated revenues, as set forth in said Amended Joint Activity Fund Budget for 2010 and as those amounts may be altered by action of the Common Council at its November 4, 2009 meeting, are adequate for the operation of the Ithaca Area Wastewater Treatment Plant during 2010; now, therefore, be it RESOLVED, That this Common Council accepts and approves said Amended Joint Activity Fund Budget for 2010, together with any additional changes made in said budget at Council’s November 4, 2009 meeting, as the Ithaca Area Wastewater Treatment Plant Joint Activity Fund Budget for 2010, in the total amount of $3,321,761, and be it further RESOLVED, That the following sections of the 2010 Ithaca Area Wastewater Treatment Plant Joint Activity Fund Budget be approved: A. Joint Activity Fund Appropriations B. Joint Activity Fund Revenues C. Schedule of Salaries and Positions – Joint Activity Fund D. Authorized Equipment – Joint Activity Fund Carried Unanimously (9-0) 11.4 Department of Public Works - Appraisal of Fair Market Rental Value of City-Owned Property Licensed to Others - Allocation of Monies from Unrestricted Contingency for Professional Services - Resolution By Alderperson Coles: Seconded by Alderperson Schuler WHEREAS, in May 2009, Common Council amended Chapter 170 of the City Code (now entitled “Use of City Real Property”), which provides that, commencing in 2010, City-owned real property licensed for use by others should be offered at not less than fair market rental value, which value is to be determined (and periodically updated) through a professional appraisal process; and WHEREAS, in so doing, Common Council did not allocate the funds necessary to pay for such appraisal services; and WHEREAS, in order to implement the new provisions of Chapter 170, the Board of Public Works authorized the solicitation of proposals for professional appraisal services, and received four qualified responses; and WHEREAS, after reviewing the responses, the Board, on October 14, 2009, approved the award of a contract for this purpose to Pomeroy Appraisal Associates, Inc., of Syracuse, New York (to be executed by the Mayor), and requested that Common Council allocate funding sufficient to pay for the initial stage of the appraisal process (not necessarily including future updates of appraised fair market rental values); and WHEREAS, the proposal from Pomeroy Appraisal Associates estimates that initial appraisal of the fair market rental values of the categories of properties listed in the Request for Proposals would cost $21,500, with additional appraisals of unique properties (not in an established category) costing between $500 and $1,500 apiece, and a cost of $90 to $175 per hour (including mileage) for Pomeroy representatives to meet with City officials and others to explain their initial determinations; and November 4, 2009 9 WHEREAS, Chapter 170 intends that the cost of the appraisal process will be recovered over time through revised fees for licenses that are to be established by the Board of Public Works; now therefore be it RESOLVED, That the Common Council hereby directs that the sum of $25,000 be allocated from Account A1990, Unrestricted Contingency, for the purpose of paying for the estimated total cost of the initial round of appraisals to be performed by Pomeroy Appraisal Associates, pursuant to the Board of Public Works resolution of October 14, 2009, and any contract arising therefrom. Carried Unanimously (9-0) 11.5 City Controller’s Report City Controller Thayer thanked the Mayor, Common Council, and department heads for their hard work on the budget preparation, and noted that he will expect the continued cooperation of department heads and city employees, as this will be a difficult year to get through. He noted that he does not expect the City’s financial forecast to improve in the near future. Mayor Peterson stated that she conducted an employee forum last week and most departments were represented. More forums are being planned so that employees understand that the departmental budgets have been trimmed to the maximum extent. If the worst case scenario happens, employee reductions may need to occur. Mayor Peterson thanked the City Controller for all of his work on the budget, noting that it is truly appreciated. NEIGHBORHOOD & PUBLIC SAFETY COMMITTEE: 12.1 Establishment of a Citizens’ Advisory Group - Resolution By Alderperson Schuler: Seconded by Alderperson Rosario WHEREAS, there continues to be a need in the City of Ithaca neighborhoods to establish a citizens advisory group (CAG) for environmental remediation projects, and WHEREAS, the Ithaca Gun CAG was appointed by NYSDEC and advises NYSDEC, and WHEREAS, the model that NYSDEC used in the establishment of the CAG can serve as a guide in the creation of a generic group with the expectations of what the group can and cannot do, the selection of the membership of this autonomous body, and provide a consistent source of feedback for the government to gauge interests and needs, and now therefore be it RESOLVED, That Common Council encourages the Mayor to work with the NYSDEC to formulate the establishment of a generic Citizens Advisory Group (CAG) with additional membership to be specific to each environmental remediation, and be it further RESOLVED, That if a DEC established CAG is not feasible, that a similar committee be established as a link between the City, its neighborhoods, and the DEC, with similar guidelines and that it would be an official committee, established by the Mayor, as a direct link between the neighborhoods and the DEC, and be it further RESOLVED, That the committee will have representation at regular meetings between the DEC and the City of Ithaca. Alderperson Rosario asked how the committee would work operationally. Alderperson Schuler explained that they were hopeful that the DEC would identify community members and establish the CAG; however, absent that, the City would create the committee. Additional members would only serve when their site is being discussed. Alderperson Coles expressed her frustration with the pace of the Department of Environmental Conservation, and noted that she is looking forward to regular meetings. Alderperson Cogan noted that the success of the Gun Hill group was in large part because the group took initiative and did a lot of work. November 4, 2009 10 Discussion followed regarding the make-up of the committee and if there would be any staff resources available. Alderperson Rosario commented that the City may need to hire experts to decipher information in reports. Mayor Peterson noted that there is some in-house expertise with the Engineering staff. A vote on the Resolution resulted as follows: Carried Unanimously (9-0) REPORT OF SPECIAL COMMITTEES: Comprehensive Plan Committee Alderperson Mohlenhoff will be the Common Council representative on the Comprehensive Plan Committee and Alderpersons Cogan and Dotson will also serve. The Committee will be selecting a consultant at their next meeting. Commons Client Committee Alderperson Zumoff noted that due to scheduling conflicts, he is not able to attend many meetings of the Commons Client Committee but will continue to serve until another Council member is available. MAYOR’S APPOINTMENTS: 16.1 Board of Fire Commissioners: By Alderperson Cogan: Seconded by Alderperson Rosario RESOLVED, That Harry E. Ellsworth be appointed to the Board of Fire Commissioners to replace Robert Romanowski with a term to expire June 30, 2012. Carried Unanimously (9-0) 16.2 Appointment to Tompkins Consolidated Area Transit Board - Resolution By Alderperson Schuler: Seconded by Alderperson Dotson RESOLVED, That Alderperson Daniel Cogan be appointed to the Tompkins Consolidated Area Transit Board with a term to expire December 31, 2012 Carried Unanimously (9-0) REPORTS OF COMMON COUNCIL LIAISONS: Alderperson Schuler reported that the façade of the Adult Bookstore on West State Street has been improved. Alderperson Cogan reported that the recent budget discussion of the Mayor’s salary turned into a discussion in the 5th Ward of property taxes and municipal consolidation. He noted the close defeat of a proposition to dissolve the Village of Johnson City into the Town of Union. Alderperson Tomlan commented that dates are yet to be selected for a presentation of the Joint City/Town Study Group Report on Consolidated Services. Alderperson Clairborne reported that the Ithaca Urban Renewal Agency hearing on the Community Development Block Grant and the HOME Program would be held on November 13, 2009 at 8:30 am. REPORT OF CITY CLERK: City Clerk Conley Holcomb reported that the Book Drive to benefit the children of Eldoret, Kenya (Ithaca’s sister-city) collected over 650 books as well as monetary contributions. The books will be sent to the Kip Keino Schools, Lewa Orphanage, and the Eldoret Public Library. January, 2010 meeting dates: Mayor Peterson opened a discussion of the date and time of the traditional Inaugural meeting. Alderpersons Rosario and Dotson expressed their regret that they cannot attend the January meetings. It was decided that the Inaugural meeting will be held on January 1, 2010 at 11:00 a.m. and will only include the swearing-in ceremonies and the dismissal of the out-going Council members. All other business will be conducted at the Regular meeting on January 6, 2010 at 7:00 p.m. REPORT OF CITY ATTORNEY: City Attorney Hoffman reported that the City has been sued by First Energy Corporation as the City is a property owner listed in the “chain of title” for the Wastewater Treatment Plant parcel which is a coal tar contamination site. November 4, 2009 11 20. MINUTES FROM PREVIOUS MEETINGS: 20.1 Approval of the September 23, 2009, September 30, 2009, October 14, 2009, October 21, 2009 Special Common Council Meeting Minutes – Resolution By Alderperson Zumoff: Seconded by Alderperson Tomlan RESOLVED, That the Minutes of the September 23, 2009, September 30, 2009, October 14, 2009, October 21, 2009 Special Common Council Meetings be approved with noted corrections. Carried Unanimously (9-0) EXECUTIVE SESSION: By Alderperson Cogan: Seconded by Alderperson Schuler RESOLVED, That Common Council adjourn into Executive Session to discuss a matter of current litigation. Carried Unanimously (9-0) RECONVENE: Common Council reconvened into Regular session with no action taken. ADJOURNMENT: On a motion the meeting adjourned at 10:40 p.m. ______________________________ _______________________________ Julie Conley Holcomb, CMC Carolyn K. Peterson, City Clerk Mayor