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HomeMy WebLinkAboutMN-CC-2009-12-02COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 7:00 p.m. December 2, 2009 PRESENT: Mayor Peterson Alderpersons (10) Coles, Dotson, Rosario, Clairborne, Tomlan, Zumoff, Schuler, Myrick, Cogan, Mohlenhoff OTHERS PRESENT: City Clerk – Conley Holcomb City Attorney – Hoffman City Controller – Thayer Planning & Development Director – Cornish Superintendent of Public Works – Gray Human Resources Director – Michell-Nunn Acting Fire Chief – Dorman City Planner - Kusznir PLEDGE OF ALLEGIANCE: Mayor Peterson led all present in the Pledge of Allegiance to the American Flag. ADDITIONS TO OR DELETIONS FROM THE AGENDA: City Administration Committee: Alderperson Coles requested that Item 8.1 – Establishment of Standard Workday as Required by the New York State Retirement System–Resolution, be removed from the consent agenda and renumbered as Item 12.11 under the City Administration Committee. Mayor Peterson requested the deletion of Item12.12 – Possible Motion to Enter into Executive Session to discuss Collective Bargaining. No Council member objected. New Business: Mayor Peterson requested the addition of Item 14.2 - Authorization to Execute an Agreement with the Towns of Ithaca and Dryden, as to the Sharing of Costs of the City’s Legal Defense in FirstEnergy Corp. vs. City of Ithaca, et al, and Any Liability Associated with the Ownership and Operation of the Ithaca Area Wastewater Treatment Facility, Since December 22, 1981 – Proposed Resolution. She further requested the addition of a Possible Motion to Enter into Executive Session to discuss current litigation. No Council member objected. Order of the Agenda: Mayor Peterson requested that the order of the agenda be adjusted so that the City Administration Committee items be considered first, followed by the Legislative Committee and Planning and Economic Development Committee items. Alderperson Rosario requested the addition of a Possible Motion to Enter into Executive Session to Discuss the Employment History of an Individual Employee. No Council member objected. PROCLAMATIONS/AWARDS: Mayor Peterson proclaimed the week of November 29, 2009 – December 6, 2009 as “Think Local First” week in the City of Ithaca. December 2, 2009 2 SPECIAL ORDER OF BUSINESS: 4.1 Pride of Ownership Awards Scott Whitham presented the following Pride of Ownership awards on behalf of the Ithaca Rotary Club and the City of Ithaca to property owners who developed projects or made improvements to or maintained their properties in ways that enhanced the physical appearance of city neighborhoods and commercial areas: Ithaca Neighborhood Housing Services – Cedar Creek Apartments, 310 Floral Avenue Torchia Family – 310 Park Place Community Building Works – 106 Westfield Avenue Tompkins County Red Cross Homeless Shelter – 618 West State/Martin Luther King, Jr. Street Cornell University – Libe Slope Urban Outfitters – 131 East Green Street Each award recipient received a hand-drawn rendering of their property created by Architect John Barradas. Alderperson Clairborne arrived at the meeting at 7:20 p.m. 4.2 A Public Hearing to Obtain Public Comments on Proposed Revisions to Chapter 276 of the City of Ithaca Municipal Code pertaining to Bicycle Parking Facilities Resolution to Open Public Hearing: By Alderperson Dotson: Seconded by Alderperson Schuler RESOLVED, That the Public Hearing to Obtain Public Comments on Proposed Revisions to Chapter 276 of the City of Ithaca Municipal Code pertaining to Bicycle Parking Facilities be declared open. Carried Unanimously Alderperson Dotson explained the proposal to enhance bicycle parking facilities. No one appeared to address Common Council. Resolution to Close Public Hearing: By Alderperson Myrick: Seconded by Alderperson Cogan RESOLVED, That the Public Hearing to Obtain Public Comments on Proposed Revisions to Chapter 276 of the City of Ithaca Municipal Code pertaining to Bicycle Parking Facilities be declared closed. Carried Unanimously SPECIAL PRESENTATIONS BEFORE COUNCIL: Tompkins County Legislature Carol Chock, Tompkins County Legislator/3rd District, reported on the following issues: 2010 Budget has been adopted with a 3.99% increase in the tax levy and a 1.1% increase in the tax rate (equaling $6.00 per $1,000 of assessed value) The Tompkins County Legislature approved the creation of the Tompkins County Development Corp. which will be administered by the Industrial Development Agency (IDA). The Development Corp. was created in order to issue bonds to create jobs, and promote community and economic development. Fernando D’Aragon gave a presentation to the Legislature on the Ithaca-Tompkins County Transportation Council (ITCTC) long-term Transportation Plan and its relationship to the County’s plan to reduce carbon emissions. Tompkins County Council of Governments (TCCOG) hosted a public hearing on the Marcellus Shale gas drilling initiative that drew an audience of 1,000 people to the State Theater. A video of the hearing and the comments collected are available online at www.tompkins-co.org/legislature/TCCOG. December 2, 2009 3 Alderperson Tomlan extended her thanks to County staff members for their work on the gas drilling initiative, especially noting how helpful the presentations made at the Unitarian Church meeting were. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: The following people addressed Common Council: Liz Karabinakis and members of the GIAC Board of Directors addressed Council to inform them of bias-related incidents that have been occurring at GIAC including phone messages left on the answering machine that included derogatory statements and racial slurs. She requested that the Mayor dedicate all of the City’s resources to bring a satisfactory resolution to this situation. Laura Branca, C/Ithaca, expressed support for GIAC and requested the use of all necessary resources to find the person responsible for the bias-related incidents, and to protect the GIAC staff. Monty Berman, T/Ithaca, expressed support for GIAC during these stressful times when racist remarks are being made. Kirby Edmonds, C/Ithaca, expressed support for the GIAC staff during these months of stress and harassment, and encouraged Common Council to make a public statement that hate crimes will not be tolerated in the City of Ithaca. He suggested that the message include what the consequences of this type of behavior are, and requested the use of all available resources to solve this issue. Fay Gougakis, C/Ithaca, addressed concerns regarding the harassment of GIAC staff members and the rise of crime in the community. She further discussed concerns regarding the gas drilling initiative, and use of cell phones. Joel Harlan, T/Newfield, addressed issues concerning hate crimes in the community. City Clerk Holcomb relayed the following message from former Alderperson Michelle Berry who was not able to attend the meeting: “Ms. Berry lends her voice to support GIAC staff and the efforts of the City to resolve this issue as quickly as possible. She believes strongly that hate crimes should not be tolerated in the City of Ithaca.” PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR: Alderperson Coles noted that she has spoken with GIAC staff regarding the racist, sexist, and homophobic comments that were left on their answering machine, and has been making phone calls to gather more information. She stated that she was glad that this issue has been brought to the public’s awareness and will work with community members to address these hate crime issues. She further expressed her disappointment that the New York State Senate recently voted to defeat the Same Sex Marriage Bill. Alderperson Rosario stated that hate crimes should not be tolerated in the City of Ithaca, and that all resources should be utilized to resolve this issue. He further commented that he would like to know about these types of incidences as they happen, and thanked Alderperson Coles for sharing the information when she did. He questioned what the fullest extent of the law that could be enforced was. Mayor Peterson disclosed that she has also been the victim of serial calls, and that this was part of an ongoing police investigation. She stated that the role of the Mayor and Council is to remain vigilant, and to call these issues out as they happen in the community. She thanked the GIAC Board for bringing this to the attention of Common Council. Alderperson Dotson thanked the GIAC Board for presenting this information to Council, and to the GIAC staff for all of the work they do on a daily basis to address these issues in the community. She further thanked the community members for speaking out on this issue. December 2, 2009 4 Alderperson Cogan thanked the GIAC Board for bringing this issue forward as he was not aware of the details of these events. He noted that it is disheartening to hear that behaviors like these are occurring, and stated that he is happy to lend his voice and support to resolving these issues. Alderperson Myrick stated that he concurs with the statements made by his colleagues, and noted that he hopes to see a review of the bias-related crimes legislation in the coming weeks. He further noted that the Youth Council will be hosting a Swearing-In Ceremony for their new members on December 8, 2009 at 5:30 pm, and encouraged members of the public to attend. Alderperson Myrick noted that this is the last Common Council meeting for Alderpersons Nancy Schuler and Mary Tomlan. He commented on how much he will miss them and expressed his thanks to them for “showing him the ropes”. He stated that he learned a lot from them and will still be contacting them for information and advice. Alderperson Clairborne disclosed that he is a member of the GIAC Board of Directors and has family and friends who work at GIAC. He noted what a valuable community asset GIAC is, and thanked the GIAC Board and staff members for everything they do for the community. He noted how disturbing it is that the GIAC staff has been treated so horribly, and questioned how Common Council and the City could protect and support them. He stressed that Common Council members should know that these types of things are happening and not hear about them on the floor of Council. He further voiced his disappointment over the acts of individual police officers, and thanked the Mayor for addressing the Police Department. Alderperson Clairborne noted the recent passing of community members Ms. Dorothy Bibbie and Ms. Anita Reed. CONSENT AGENDA ITEMS: City Administration Committee: 8.1 Human Resources - Establishment of Standard Workday as Required by New York State Retirement System - Resolution This item was moved to Item 12.11 under the City Administration Committee. 8.2 Human Resources - Request Increase for Employee Medical Flexible Spending Account - Resolution By Alderperson Rosario: Seconded by Alderperson Coles WHEREAS, the City of Ithaca instituted a Flexible Spending Account for unreimbursed medical expenses in April 2002, and WHEREAS, the City originally established a two thousand dollar ($2,000) before tax limit for employee deductions, and WHEREAS, the Flexible Spending Account for unreimbursed medical expenses has been in effect for several years without incident, and WHEREAS, the current limit for the City employee Medical Flexible Spending account is $3,000, and WHEREAS, the City Controller and the Human Resources Director are therefore recommending that the amount be raised from $3,000 to $3,500, now therefore be it RESOLVED, That Common Council hereby authorizes a $500 increase for the Flexible Spending Account, from $3,000 to $3,500 for unreimbursed medical expenses. Carried Unanimously December 2, 2009 5 12. CITY ADMINISTRATION COMMITTEE: 12.1 Chamberlain’s Office - Approval of City Parking Fines and Procedures - Resolution By Alderperson Coles: Seconded by Alderperson Rosario WHEREAS, the City Judge, the Disability Advisory Council, and various city staff have reviewed the current parking violations fines, and WHEREAS, after review, staff has recommended certain changes to the parking fines and waivers; now therefore be it RESOLVED, that Common Council hereby approves the following City parking fines and procedures effective January 1, 2010: and be it further RESOLVED, That effective January 1, 2010, the first overtime meter, overtime zone, or overtime night (odd/even) ticket written to an individual within an eighteen-month period will no longer be waived as a courtesy extended by the city. Amending Resolution: By Alderperson Zumoff: Seconded by Alderperson Myrick RESOLVED, That the 2nd Resolved Clause be amended to read as follows: “RESOLVED, That effective January 1, 2010, the first overtime meter or overtime zone ticket written to an individual within an eighteen-month period will no longer be waived as a courtesy extended by the city.”, and, be it further RESOLVED, That the “Suggested Fine” for Overtime night (Odd/even) tickets be changed from $15.00 to $25.00. Alderperson Zumoff stated that he believes that the 1st odd/even ticket people receive should continue to be waived as a courtesy from the City as the odd/even parking program is difficult for new residents to understand, and street signage is only posted at the City boundaries. Current Violation Current Fine Suggested Fine Overtime meter $15.00 $15.00 Overtime zone $15.00 $15.00 Parking ramp overnight $25.00 $25.00 Parking more than 12” from curb $25.00 $25.00 School Zone $30.00 $30.00 Prohibited area $30.00 $30/$45/$60 Between curb and walk $25.00 $25.00 Bus stop/taxi stand $30.00 $30.00 Fire hydrant $50.00 $50.00 Crosswalk $30.00 $30.00 Sidewalk $25.00 $25.00 Overtime night (Odd/even) $15.00 $15.00 Other $15.00 $30.00 Driveway $35.00 $35.00 Private property $15.00 $30.00 Wrong direction $15.00 $15.00 Truck Zone $30.00 $30/$45/$60 Double parking $30.00 $30.00 Uninspected $25.00 $25.00 Abandoned $25.00 $25.00 Handicap $80/$105/$130 $100/$150/$200 Yard parking $20/$30/$50 $20/$30/$50 Access $50.00 $50.00 Obstruction of lane/alley $50.00 $50.00 Residential permit zone $15.00 $15/$30/$45 December 2, 2009 6 Alderperson Coles voiced her concern with this amendment as the 2010 budget was adopted with the provision of the additional revenues generated through this action. Alderperson Dotson noted that the Board of Public Works is having spirited discussions regarding parking revenues. She further noted that she would support changing the parking regulations to remove the odd/even parking requirements. City Chamberlain Parsons explained that the automatic waiver of tickets has financial implications. She noted that most of the previous discussions regarding parking ticket fines have been held separately; however, in this case the Resolution is being presented in close proximity to the budget because there were concerns regarding whether the City could afford to continue to offer these waivers. Alderperson Myrick stated that he thinks that the odd/even parking tickets differ from the overtime meter tickets as most people don’t understand the parking system. Alderperson Mohlenhoff inquired as to how many tickets are waived per year. City Chamberlain Parsons responded that in 2008, 2,400 tickets were waived and 1,800 tickets were processed. Alderperson Cogan noted that an 18-month waiver period can be difficult for residents, and that he would support making it a 12-month waiver period. He stated that people who receive multiple tickets for odd/even parking violations during a season would end up having to pay increased fine amounts under the proposed amendment. City Clerk Holcomb explained the public information efforts that the City conducts year- round to raise awareness about the odd/even parking system including brochures, information on the website, media releases, outreach to Cornell University and Ithaca College, and fielding phone calls and questions from the public. City Controller Thayer stated that creating variations in the projected revenues can create budget problems for 2010. Alderperson Tomlan stated that she would support the amendment due to the lack of knowledge the public has regarding the parking system. She voiced her willingness to work on enhanced efforts to get information out to the student population. Alderperson Clairborne stated that the odd/even parking system is difficult downtown. He voiced support for the development of an informational flyer to be given with a courtesy ticket during the 1st week of November. Alderperson Schuler noted that she supports the amendment and stated that she would work with Cornell University to get information out about the odd/even parking system for next year. Alderperson Rosario stated that he agrees with Alderperson Cogan regarding the proposed fines compounding the issue by increasing the amount of money residents would have to pay in fines. A vote on the Amending Resolution resulted as follows: Ayes (5) Zumoff, Clairborne, Tomlan, Schuler, Myrick Nays (5) Coles, Dotson, Rosario, Mohlenhoff, Cogan Mayor Peterson voted Nay to break the tie Failed Main Motion A vote on the Main Motion resulted as follows: Ayes (6) Coles, Dotson, Rosario, Mohlenhoff, Cogan, Tomlan Nays (4) Zumoff, Clairborne, Schuler, Myrick Carried December 2, 2009 7 12.2 Ordinance to Increase Income Limits for Eligibility for the Real Property Tax Exemption for Persons over 65. By Alderperson Coles: Seconded by Alderperson Rosario Ordinance 09- BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows: Section 1. Pursuant to an increase in the income ceilings at the State level for tax exemptions for senior citizens, section 300-1(A) and (B), and 300-2(A), of Article I entitled “Senior Citizens Exemption” of the City of Ithaca Municipal Code shall be amended to increase the amount of the partial real property tax exemption for certain senior citizens, as follows: §300-1 Exemption granted. A. Pursuant to the provisions of §467 of the Real Property Tax Law of the State of New York, real property in the City of Ithaca owned by one or more persons, each of whom is 65 years of age or over, or real property owned by a married couple or by siblings, one of whom is 65 years of age or over, shall be partially exempt from taxation by the City based upon the income of the owner or the combined incomes of the owners. (1) Such partial exemption shall be to the extent set forth in the schedule following: Annual Income of Owner Assessed Valuation or Combined Annual Income of Owners Exempt From Taxation Up to but less than $28,000 29,000 50% Up to but less than $29,000 30,000 45% Up to but less than $30,000 31,000 40% Up to but less than $31,000 32,000 35% Up to but less than $31,900 32,900 30% Up to but less than $32,800 33,800 25% Up to but less than $33,700 34,700 20% Up to but less than $34,600 35,600 15% Up to but less than $35,500 36,500 10% Up to but less than $36,400 37,400 5% [Amended 12-18-2000 by Ord. No. 2000-15; 1-15-2003 by Ord. No. 2003-1; 2-4-2004 by Ord. No. 2004-1; 12-5-2007 by Ord. No. 2007-10; 2-4-2009 by Ord. No. 2009-02 ] (2) The partial exemption provided by this article shall, however, be limited to such property and persons as meet the conditions, exclusions and limitations set forth in §467 of the Real Property Tax Law of the State of New York. B. The partial real property tax exemption on real property owned by husband and wife a married couple, one of whom is 65 years of age or over, once granted, shall not be rescinded solely because of the death of the older spouse so long as the surviving spouse is at least 62 years of age. §300-2 Limitations on exemption. No exemption shall be granted: A. If the income of the owner or the combined income of the owners of the property exceeds the sum of $36,400 37,400 or the income tax year immediately preceding the date of making application for exemption as consistent with the schedule provided in §300-1A. "Income tax year" shall mean a twelve-month period for which the owner or owners filed a federal personal income tax return or, if no such return is filed, the calendar year. Where title is vested in either spouse, their combined income may not exceed such sum. Such income shall include social security and retirement benefits, interest, dividends, total gain from the sale or exchange of a capital asset in the same income tax year, net rental income, salary or earnings and net income from self- December 2, 2009 8 employment but shall not include a return of capital, gifts or inheritances. In computing net rental income and net income from self-employment, no depreciation deduction shall be allowed for the exhaustion, wear and tear of real or personal property held for the production of income. [Amended 12-18-2000 by Ord. No. 2000-15; 1-15-2003 by Ord. No. 2003-1; 2-4-2004 by Ord. No. 2004-1; 12-5-2007 by Ord. No. 2007-10; 2-4-2009 by Ord. No. 2009-02 ] B. Unless the owner shall have held an exemption under this section for his previous residence or unless the title of the property shall have been vested in the owner or one of the owners of the property for at least 12 consecutive months prior to the date of making application for exemption; provided, however, that in the event of the death of either a husband or wife spouse in whose name title of the property shall have been vested at the time of death which then becomes vested solely in the survivor by virtue of devise by or descent from the deceased husband or wife spouse, the time of ownership of the property by the deceased husband or wife spouse shall be deemed also a time of ownership by the survivor and such ownership shall be deemed continuous for the purposes of computing such period of 12 consecutive months; provided, further, that in the event of a transfer by either a husband or wife spouse to the other spouse of all or part of the title to the property, the time of ownership of the property by the transferor spouse shall be deemed also a time of ownership by the transferee spouse and such ownership shall be deemed continuous for the purpose of computing such period of 12 consecutive months; and provided, further, that where property of the owner or owners has been acquired to replace property formerly owned by such owner or owners and taken by eminent domain or other involuntary proceeding, except tax sale, the period of ownership of the former property shall be combined with the period of ownership of the property for which application is made for exemption, and such periods of ownership shall be deemed to be consecutive for purposes of this section. Where the owner or owners transfer title to property which as of the date of transfer was exempt from taxation under the provisions of this section, the reacquisition of title by such owner or owners within nine months of the date of transfer shall be deemed to satisfy the requirement of this subsection that the title of the property shall have been vested in the owner or one of the owners for such period of 12 consecutive months. Where, upon or subsequent to the death of an owner or owners, title to property which as of the date of such death was exempt from taxation under such provisions, becomes vested, by virtue of devise or descent from the deceased owner or owners, or by transfer by any other means within nine months after such death, solely in a person or persons, who, at the time of such death, maintained such property as a primary residence the requirement of this subsection that the title of the property shall have been vested in the owner or one of the owners for such period of 12 consecutive months shall be deemed satisfied. Unless the owner shall have held an exemption under this section for his previous residence or unless the title of the property shall have been vested in the owner or one of the owners of the property for at least 12 consecutive months prior to the date of making application for exemption; provided, however, that in the event of the death of either a husband or wife spouse in whose name title of the property shall have been vested at the time of death which then becomes vested solely in the survivor by virtue of devise by or descent from the deceased husband or wife spouse, the time of ownership of the property by the deceased husband or wife spouse shall be deemed also a time of ownership by the survivor and such ownership shall be deemed continuous for the purposes of computing such period of 12 consecutive months; provided, further, that in the event of a transfer by either a husband or wife spouse to the other spouse of all or part of the title to the property, the time of ownership of the property by the transferor spouse shall be deemed also a time of ownership by the transferee spouse and such ownership shall be deemed continuous for the purpose of computing such period of 12 consecutive months; and provided, further, that where property of the owner or owners has been acquired to replace property formerly owned by such owner or owners and taken by eminent domain or other involuntary proceeding, except tax sale, the period of ownership of the former property shall be combined with the period of ownership of the property for which application is made for exemption, and such periods of ownership shall be deemed to be consecutive for purposes of this section. Where the owner or owners transfer title to property which as of the date of transfer was exempt from taxation under the provisions of this section, the reacquisition of title by such owner or owners within nine months of the date of transfer shall be deemed to satisfy the December 2, 2009 9 requirement of this subsection that the title of the property shall have been vested in the owner or one of the owners for such period of 12 consecutive months. Where, upon or subsequent to the death of an owner or owners, title to property which as of the date of such death was exempt from taxation under such provisions, becomes vested, by virtue of devise or descent from the deceased owner or owners, or by transfer by any other means within nine months after such death, solely in a person or persons, who, at the time of such death, maintained such property as a primary residence the requirement of this subsection that the title of the property shall have been vested in the owner or one of the owners for such period of 12 consecutive months shall be deemed satisfied. C. Unless the property is used exclusively for residential purposes; provided, however, that in the event any portion of such property is not so used exclusively for residential purposes but is used for other purposes, such portion shall be subject to taxation and the remaining portion only shall be entitled to the exemption provided by this section. D. Unless the property is the legal residence of and is occupied in whole or in part by the owner or by all of the owners of the property, except where an owner is absent from the residence while receiving health-related care as an inpatient of a residential health care facility, as defined in § 2801 of the Public Health Law, provided that any income accruing to that person shall only be income only to the extent that it exceeds the amount paid by such owner, spouse or co-owner for care in the facility and provided, further, that during such confinement, such property is not occupied by other than the spouse or co-owner of such property; or the real property is owned by a husband and/or wife spouse, or an ex-husband and/or an ex-wife spouse and either is absent from the residence due to divorce, legal separation or abandonment and all other provisions of this section are met, provided that where an exemption was previously granted when both resided on the property, then the person remaining on the real property shall be 62 years of age or older. Alderperson Coles explained that the language in this Ordinance has been updated to reflect the fact that Governor Paterson and New York State now recognize same sex marriages from other states. A vote on the Ordinance resulted as follows: Carried Unanimously 12.3 Local Law to Increase Income Limits for Eligibility for the Disability Real Property Tax Exemption By Alderperson Coles: Seconded by Alderperson Rosario Local Law No. 2009- Pursuant to an increase in the income ceilings at the State level for disability tax exemptions, section 300-26 of Article V entitled “Disability Exemption” of the City of Ithaca Municipal Code shall be amended to increase the amount of the partial real property tax exemption for certain disabled persons. Section 1: Section 300-26 of the City of Ithaca Municipal Code is hereby amended to read as follows: B. Exemption granted. (1) Pursuant to the provisions of §459-c of the Real Property Tax Law of the State of New York, real property located in the City of Ithaca owned by one or more persons, each of whom is disabled and whose income is limited by reason of such disability, or real property owned by a married couple, or siblings, one of whom is disabled and whose income is limited by reason of such disability, shall be partially exempt from taxation by said City for the applicable taxes specified in §459-c based upon the income of the owner or combined income of the owners. Such partial exemption shall be to the extent set forth in the schedule following: December 2, 2009 10 Annual Income of Owner Assessed Valuation or Combined Annual Income of Owners Exempt From Taxation Up to but less than $ 28,000 29,000 50% Up to but less than $ 29,000 30,000 45% Up to but less than $ 30,000 31,000 40% Up to but less than $ 31,000 32,000 35% Up to but less than $ 31,900 32,900 30% Up to but less than $ 32,800 33,800 25% Up to but less than $ 33,700 34,700 20% Up to but less than $ 34,600 35,600 15% Up to but less than $ 35,500 36,500 10% Up to but less than $ 36,400 37,400 5% Section 2. Severability Clause. Severability is intended throughout and within the provisions of this local law. If any section, subsection, sentence, clause, phrase, or portion of this local law is held to be invalid or unconstitutional by a court of competent jurisdiction then that decision shall not affect the validity of the remaining portion. Section 3. Effective Date. This Local Law shall take effect immediately in accordance with law upon filing with the Secretary of State. Carried Unanimously 12.4 Police Department - Endorsement of and Authorization to Sign a Mutual Assistance Agreement Between the City of Ithaca and the City of Elmira – Proposed Resolution By Alderperson Coles: Seconded by Alderperson Schuler WHEREAS, local governments are authorized to request and provide police assistance to each other pursuant to § 209-m of the New York General Municipal Law (GML), and WHEREAS, the temporary exchange of police officers and equipment or the purpose of mutual assistance is further contemplated by GML § 209-m, and WHEREAS, GML § 119.0 authorizes municipal corporations to enter into agreements for the performance of their respective functions, powers and duties on a cooperative basis, and WHEREAS, GML § 209-m, New York Criminal Procedure Law §§ 140.10-1 & 3,120.60 et seq., and 690.25, and other applicable authorities authorize police officers to exercise certain police powers and authorities outside their geographic area of employment when a request for assistance is forthcoming from another law enforcement agency, and WHEREAS, the City of Ithaca and the City of Elmira have determined that it is in the best interests of the respective communities and of mutual advantage to enter into this agreement for the provision of inter-agency Law Enforcement services, and WHEREAS, a Mutual Assistance Agreement has been negotiated and drafted by the City of Ithaca Police Chief and the City of Elmira Police Chief, and has been reviewed by the City of Ithaca Attorney and the City of Elmira Attorney, the most recent version of which draft is dated 10/29/09 (date of execution by Elmira Mayor); now, therefore be it RESOLVED, That the Common Council endorses the finalization of such Mutual Assistance Agreement with the City of Elmira, and be it further RESOLVED, That the Mayor, upon the advice of the City Attorney, is hereby authorized to execute any documents necessary to formalize such Agreement, with terms the same as or substantially the same as those contained in the above-referenced version. December 2, 2009 11 Discussion followed on the floor regarding this agreement and the potential impacts it could have on the Police Department’s overtime budget. Alderperson Coles stated that overtime costs are part of the agreement, and that the City of Elmira would face the same costs if they were asked to provide service to Ithaca. She further noted that this agreement has already been tested as the Elmira SWAT Team responded to an incident in Ithaca recently and all interactions went very well. A vote on the Resolution resulted as follows: Carried (9-0) Alderperson Dotson absent from vote 12.5 Department of Public Works - Reauthorization of Collegetown Traffic Signal Upgrade Project and Authorization to Enter into an Agreement for Federal-Aid By Alderperson Coles: Seconded by Alderperson Myrick WHEREAS, Common Council authorized Capital Project #709, Collegetown Traffic Signal Upgrade, in the 2007 City Budget, in an amount not to exceed $125,000, and WHEREAS, during design, the project became eligible for federal funds under the American Recovery and Reinvestment Act of 2009 for the construction and construction inspection phases, and WHEREAS, a Project for the Collegetown Traffic Signal Upgrade, P.I.N. 375504 (the “Project”) is eligible for funding under Title 23 U.S. Code, as amended, that calls for the apportionment of the costs of such program to be borne at the ratio of 100% Federal funds and 0% non-federal funds, and WHEREAS, the City of Ithaca desires to advance the Project by making a commitment of 100% of the non-federal share of the costs of Construction and Construction Inspection; now, therefore be it RESOLVED, That the Common Council hereby re-approves the above-subject project; and it is hereby further RESOLVED, That the Common Council hereby authorizes the City of Ithaca to pay in the first instance 100% of the federal and non-federal share of the cost of Construction and Construction Inspection work for the Project or portions thereof, and it is further RESOLVED, That the sum of $200,000 is hereby appropriated from the issuance of serial bonds and made available to cover the cost of participation in the above phase of the Project, and it is further RESOLVED, That Common Council hereby amends Capital Project # 709, Collegetown Traffic Signal Upgrade, to include the Project construction and construction inspection costs of $200,000, for a total project authorization of $325,000 and it is further RESOLVED, That in the event the full federal and non-federal share costs of the project exceeds the amount appropriated above, the Common Council of the City of Ithaca shall convene as soon as possible to appropriate said excess amount immediately upon the notification by the NYSDOT thereof, and it is further RESOLVED, That the Mayor of the City of Ithaca be and is hereby authorized to execute all necessary Agreements, and that the Superintendent of Public Works of the City of Ithaca be and is hereby authorized to execute all certifications or reimbursement requests for Federal Aid, on behalf of the City of Ithaca with the New York State Department of Transportation in connection with the advancement or approval of the Project and providing for the administration of the Project and the municipality’s first instance funding of Project costs and permanent funding of the local share of federal-aid and state-aid eligible Project costs and all Project costs within appropriations therefore that are not so eligible, and it is further RESOLVED, That this project be undertaken with the understanding that the final cost of the Project to the City of Ithaca will be roughly 15% of the total project costs (primarily December 2, 2009 12 for the engineering and design of the project), which is currently estimated at $50,000 of the $325,000 authorized for this portion of the project, in monies and in-kind services as managed by the Superintendent of Public Works and monitored by the City Controller, and be it further RESOLVED, That a certified copy of this resolution be filed with the New York State Commissioner of Transportation by attaching it to any necessary Agreement in connection with the Project, and it is further RESOLVED, This Resolution shall take effect immediately. Carried Unanimously 12.6 Department of Public Works - Approval of Uncontested 2006 Elmira Road Sidewalk Assessments - Resolution By Alderperson Coles: Seconded by Alderperson Zumoff WHEREAS, the Board of Public Works has reviewed the final assessments and passed a resolution on November 18, 2009 approving the following assessment For 2006 Uncontested Elmira Road Sidewalk Assessments: Address Property Owner Tax Map # Charges 321 Elmira Rd City of Ithaca (Water & Sewer Division) 122.-2-1 $13,390.00 now, therefore be it RESOLVED, That the Common Council hereby accepts the recommendation of the Board of Public Works and approves the finalization of sidewalk repair assessments for the property in question, in the amounts shown, and authorizes the City Chamberlain to collect such assessments. Carried Unanimously 12.7 Department of Public Works - Approval of Contested 2008 Sidewalk Assessments, Brandon Place Group - Resolution By Alderperson Coles: Seconded by Alderperson Zumoff WHEREAS, the Board of Public Works has reviewed each such protest/appeal and the documentation related to the 2008 Contested Sidewalk Assessments on Brandon Place and Dunmore Place, and made the following determination of assessments on October 21, 2009: Address Property Owner Tax Map # Charges 107 Brandon Dominic Versage 83.-7-7 $1,194.80 109 Brandon Dominic Versage 83.-7-6 $2,334.40 111 Brandon Robert P. Talda & Jeanne S Kisacky 83.-7-5 $1,760.90 113 Brandon M. Alan Hays 84.-5-19 $1,249.32 106 Dunmore Barbara Lifton 83.-5-5 $5,470.01 Total $12,009.42 now, therefore be it, RESOLVED, That the Common Council hereby accepts the recommendation of the Board of Public Works and approves the finalization of sidewalk repair assessments for the properties in question, and authorizes the City Chamberlain to collect such assessments. Carried Unanimously December 2, 2009 13 12.8 Department of Public Works - Approval of Uncontested 2005 Sidewalk Assessments – Modified - Resolution By Alderperson Coles: Seconded by Alderperson Schuler WHEREAS, the Board of Public Works has reviewed the final assessments for the 2005 Uncontested Sidewalk Assessments and passed a resolution on November 18, 2009 approving the following assessment: Address Property Owner Tax Map # Charges 307Albany N Dong Shee Chong 60.-3-11 $564.18 114 Auburn David Moreland & Kelly Moreland 34.-2-4 $883.68 118 Auburn Adam G Perl & Helen Perl 34.-2-3 $1,109.46 302 Aurora N First Unitarian Society 61.-3-12 $2,448.60 321 Aurora N Theron L Johnson 62.-1-1 $1,228.57 322 Aurora N Larry B Wallace 61.-3-4 $799.31 825 Aurora N Scott Smith & Lisa Smith 28.-5-21 $1,932.08 604 Buffalo E William Macbain & Lisa Macbain 63.-8-23 $2,445.59 609 Cayuga N Harold Herman & Paula J Herman 34.-7-18 $1,890.82 1002 Cayuga N Michael D Cooper & Helena Cooper 14.-5-11 $3,174.86 402 Chestnut Richard W & Dorothy Anderson 74.-2-6 $7,104.03 401 Columbia Carla E Hegeman 82.-7-2 $1,728.21 324 Geneva N Kinga M Gergely 60.-3-4 $725.11 325 Geneva S Mary K McCullough & Mary Pat Brady 80.-11-4 $246.34 507 Green W Unity House & Cayuga County 71.-7-16 $983.18 213 Second Micaela D Salort & Juliette Ramirez 45.-2-18 $927.50 310-318 Third Ithaca Housing Authority 44.-3-2.2 $3,817.25 308 Tioga N Ithaca Professional Building EW King 61.-2-6 $5,692.07 218-220 University Peter Newell & Cherie Newell 47.-4-4 $4,000.12 205 Utica Meghan Anne Van Leeuwen & Kraig Leonard Haverstick 34.-6-15 $1,851.39 502 Utica Stuart E Bergman 27.-2-10 $522.33 Total: $44,074.68 now, therefore be it RESOLVED, That the Common Council hereby accepts the recommendation of the Board of Public Works and approves the finalization of sidewalk repair assessments for the properties in question, in the amounts shown, and authorizes the City Chamberlain to collect such assessments. Carried Unanimously 12.9 Finance/Controller’s Office - A Resolution Authorizing the Issuance of $3,257,608 Bonds of the City of Ithaca, Tompkins County, New York, to Pay the Cost of Certain Capital Improvements in and for said City By Alderperson Coles: Seconded by Alderperson Schuler WHEREAS, all conditions precedent to the financing of the capital projects hereinafter described, including compliance with the provisions of the State Environmental Quality Review Act, have been performed; and WHEREAS, it is now desired to authorize the financing of such capital projects; now, therefore be it, RESOLVED, by the affirmative vote of not less than two-thirds of the total voting strength of the Common Council of the City of Ithaca, Tompkins County, New York, as follows: Section 1. For the object or purpose of paying the cost of certain capital improvements in and for the City of Ithaca, Tompkins County, New York, there are hereby authorized to be issued $3,257,608 bonds of said City pursuant to the provisions December 2, 2009 14 of the Local Finance Law, apportioned among such capital improvements in accordance with the maximum estimated cost of each. The capital improvements to be financed pursuant to this bond resolution, the maximum estimated cost of each, the amount of serial bonds to be authorized therefore, the period of probable usefulness of each, and whether said capital improvements are each a specific object or purpose or a class of objects or purposes, including in each case incidental improvements and/or expenses in connection therewith, is as follows: a) Improvements to the Cayuga Waterfront Trail (Phase III), in and for said City, at a maximum estimated cost of $215,000. It is hereby determined that the plan for the financing of such specific object or purpose shall consist of the issuance of $215,000 bonds of the $3,257,608 bonds of said City authorized to be issued pursuant to this bond resolution, PROVIDED, HOWEVER, that to the extent that any Federal or State grants-in-aid are received for such specific object or purpose, the amount of bonds to be issued pursuant to this resolution shall be reduced dollar for dollar. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is 15 years, pursuant to subdivision 19(c) of paragraph a of Section 11.00 of the Local Finance Law; b) Construction of improvements to the Hangar Theatre Building site at the former Ithaca Airport, in and for said City, including site demolition, parking lot improvements and storm drainage improvement, as well as incidental costs in connection thereto, at a maximum estimated cost of $300,000. It is hereby determined that the plan for the financing of such specific object or purpose shall consist of the issuance of $300,000 bonds of the $3,257,608 bonds of said City authorized to be issued pursuant to this bond resolution. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is 10 years, pursuant to subdivision 20(f) of paragraph a of Section 11.00 of the Local Finance Law; c) Construction of improvements to the GIAC pool, including new liner, pipe replacement, pool wall repair, and tub and shell crack repairs, in and for said City, at a maximum estimated cost of $50,000. It is hereby determined that the plan for the financing of such specific object or purpose shall consist of the issuance of $50,000 bonds of the $3,257,608 bonds of said City authorized to be issued pursuant to this bond resolution. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is 15 years, pursuant to subdivision 61 of paragraph a of Section 11.00 of the Local Finance Law; d) Reconstruction of roads, including resurfacing, sidewalks, curbs, gutters, drainage, landscaping, grading, and incidental equipment and expenses in connection therewith, throughout and in and for said City, at a maximum estimated cost of $125,000. It is hereby determined that the plan for the financing of such class of object or purpose shall consist of the issuance of $125,000 bonds of the $3,257,608 bonds of said City authorized to be issued pursuant to this bond resolution. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is 15 years, pursuant to subdivision 20(c) of paragraph a of Section 11.00 of the Local Finance Law; e) 2010 Planning and design costs of the Southwest Urban Neighborhood Project, in and for said City, at a maximum estimated cost of $175,000. It is hereby determined that the plan for the financing of such specific object or purpose shall consist of the issuance of $175,000 bonds of the $3,257,608 bonds of said City authorized to be issued pursuant to this bond resolution. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is 5 years, pursuant to subdivision 62(2nd) of paragraph a of Section 11.00 of the Local Finance Law; f) Acquisition of a bus and related transit equipment, in and for said City, at a maximum estimated cost of $75,000. It is hereby determined that the plan for the financing of such specific object or purpose shall consist of the issuance of $75,000 bonds of the $3,257,608 bonds of said City authorized to be issued pursuant to this bond resolution. It is hereby determined that the period of probable usefulness of the December 2, 2009 15 aforesaid specific object or purpose is 5 years, pursuant to subdivision 29 of paragraph a of Section 11.00 of the Local Finance Law; g) Planning and design of the water and sewer portion of the City hardfill disposal site project, in and for said City, at a maximum estimated cost of $40,000. It is hereby determined that the plan for the financing of such class of object or purpose shall consist of the issuance of $40,000 bonds of the $3,257,608 bonds of said City authorized to be issued pursuant to this bond resolution. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purpose is 40 years, pursuant to subdivision 102, based upon subdivisions 1 and 4 of paragraph a of Section 11.00 of the Local Finance Law; h) Replacement of water and sewer mains on the 100 block of Prospect Street, including incidental expenses in connection therewith, in and for said City, at a maximum estimated cost of $367,000. It is hereby determined that the plan for the financing of such class of object or purpose shall consist of the issuance of $367,000 bonds of the $3,257,608 bonds of said City authorized to be issued pursuant to this bond resolution. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purpose is 40 years, pursuant to subdivision 102, based upon subdivisions 1 and 4 of paragraph a of Section 11.00 of the Local Finance Law; i) Reconstruction of the Columbia Street Bridge, including water and sewer main replacement and incidental expenses in connection therewith, in and for said City, at a maximum estimated cost of $1,447,628. It is hereby determined that the plan for the financing of such specific object or purpose shall consist of the issuance of $1,447,628 bonds of the $3,257,608 bonds of said City authorized to be issued pursuant to this bond resolution; PROVIDED, HOWEVER, that to the extent that any Federal or State grants-in-aid are received for such specific object or purpose, the amount of bonds to be issued pursuant to this resolution shall be reduced dollar for dollar. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is 20 years, pursuant to subdivision 92, based upon subdivisions 1, 4 and 10 of paragraph a of Section 11.00 of the Local Finance Law; and j) The purchase of various items of equipment and vehicles, at an aggregate maximum estimated cost of $462,980, allocated as follows: 1) Mowing tractor for use by the Parks/Forestry Department, in and for said City, at a maximum estimated cost of $18,000. It is hereby determined that the plan for the financing of such specific object or purpose shall consist of the issuance of $18,000 bonds of the $3,257,608 bonds of said City authorized to be issued pursuant to this bond resolution. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is 10 years, pursuant to subdivision 28 of paragraph a of Section 11.00 of the Local Finance Law; 2) Asphalt recycler for use by the DPW/Highway Departments, in and for said City, at a maximum estimated cost of $125,000. It is hereby determined that the plan for the financing of such specific object or purpose shall consist of the issuance of $125,000 bonds of the $3,257,608 bonds of said City authorized to be issued pursuant to this bond resolution. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is 15 years, pursuant to subdivision 28 of paragraph a of Section 11.00 of the Local Finance Law; 3) Dump truck for use by the DPW/Highway Departments, in and for said City, at a maximum estimated cost of $27,000. It is hereby determined that the plan for the financing of such specific object or purpose shall consist of the issuance of $27,000 bonds of the $3,257,608 bonds of said City authorized to be issued pursuant to this bond resolution. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is 10 years, pursuant to subdivision 28 of paragraph a of Section 11.00 of the Local Finance Law; 4) Street sweeper for use by the DPW/Highway Departments, in and for said City, at a maximum estimated cost of $165,000. It is hereby determined that the plan for the December 2, 2009 16 financing of such specific object or purpose shall consist of the issuance of $165,000 bonds of the $3,257,608 bonds of said City authorized to be issued pursuant to this bond resolution. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is 15 years, pursuant to subdivision 28 of paragraph a of Section 11.00 of the Local Finance Law; 5) Community service vehicles, in and for said City, at a maximum estimated cost of $26,000. It is hereby determined that the plan for the financing of such class of objects or purposes shall consist of the issuance of $26,000 bonds of the $3,257,608 bonds of said City authorized to be issued pursuant to this bond resolution. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is 5 years, pursuant to subdivision 29 of paragraph a of Section 11.00 of the Local Finance Law; 6) Passenger van for use by the Youth Bureau, in and for said City, at a maximum estimated cost of $24,000. It is hereby determined that the plan for the financing of such specific object or purpose shall consist of the issuance of $24,000 bonds of the $3,257,608 bonds of said City authorized to be issued pursuant to this bond resolution. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is 5 years, pursuant to subdivision 29 of paragraph a of Section 11.00 of the Local Finance Law; 7) Police vehicles, to replace those in service for at least one year, including incidental equipment, in and for said City, at a maximum estimated cost of $77,980. It is hereby determined that the plan for the financing of such class of objects or purposes shall consist of the issuance of $77,980 bonds of the $3,257,608 bonds of said City authorized to be issued pursuant to this bond resolution. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is 3 years, pursuant to subdivision 77 (1st) of paragraph a of Section 11.00 of the Local Finance Law. Section 2. The aggregate maximum estimated cost of the aforesaid objects or purposes is $3,257,608, and the plan for the financing thereof is by the issuance of the $3,257,608 serial bonds authorized by Section 1 hereof, allocated to each of the objects or purposes in accordance Section 1 hereof. Section 3. The faith and credit of said City of Ithaca, Tompkins County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such obligations as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such obligations becoming due and payable in such year. There shall annually be levied on all the taxable real property of said City, a tax sufficient to pay the principal of and interest on such obligations as the same become due and payable. Section 4. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the bonds herein authorized, including renewals of such notes, is hereby delegated to the City Controller, the chief fiscal officer. such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said City Controller, consistent with the provisions of the Local Finance Law. Section 5. All other matters, except as provided herein relating to such bonds, including determining whether to issue such bonds having substantially level or declining debt service and all matters related thereto, prescribing whether manual or facsimile signatures shall appear on said bonds, prescribing the method for the recording of ownership of said bonds, appointing the fiscal agent or agents for said bonds, providing for the printing and delivery of said bonds (and if said bonds are to be executed in the name of the City by the facsimile signature of the City Controller, providing for the manual countersignature of a fiscal agent or of a designated official of the City), the date, denominations, maturities and interest payment dates, place or places of payment, and also including the consolidation with other issues, shall be determined by the City Controller. It is hereby determined that it is to the financial December 2, 2009 17 advantage of the City not to impose and collect from registered owners of such serial bonds any charges for mailing, shipping and insuring bonds transferred or exchanged by the fiscal agent, and, accordingly, pursuant to paragraph c of Section 70.00 of the Local Finance Law, no such charges shall be so collected by the fiscal agent. Such bonds shall contain substantially the recital of validity clause provided for in section 52.00 of the Local Finance Law and shall otherwise be in such form and contain such recitals in addition to those required by section 52.00 of the Local Finance Law, as the City Controller shall determine. Section 6. The powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the City Controller, who shall advertise such bonds for sale, conduct the sale, and award the bonds in such manner as he shall deem best for the interests of the City; provided, however, that in the exercise of these delegated powers, he shall comply fully with the provisions of the Local Finance Law and any order or rule of the State Treasurer applicable to the sale of municipal bonds. The receipt of the City Controller shall be a full acquittance to the purchaser of such bonds, who shall not be obliged to see to the application of the purchase money. Section 7. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said City is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 8. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150-2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 9. This resolution, which takes effect immediately, shall be published in summary form in the Ithaca Journal, the official newspaper, together with a notice of the City Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: Alderperson Coles VOTING: Aye Alderperson Dotson VOTING: Aye Alderperson Clairborne VOTING: Aye Alderperson Rosario VOTING: Aye Alderperson Tomlan VOTING: Aye Alderperson Zumoff VOTING: Aye Alderperson Schuler VOTING: Aye Alderperson Myrick VOTING: Aye Alderperson Mohlenhoff VOTING: Aye Alderperson Cogan VOTING: Aye The resolution was thereupon declared duly adopted. Carried Unanimously 12.10 A Resolution Authorizing the Issuance of $1,730,000 Additional Serial Bonds of the City of Ithaca, Tompkins County, New York to Pay the Additional Cost of Certain Capital Improvements in and for said City By Alderperson Coles: Seconded by Alderperson Rosario WHEREAS, all conditions precedent to the financing of certain capital improvements hereinafter described, including compliance with the provisions of the State Environmental Quality Review Act, have been performed; now, therefore, be it December 2, 2009 18 RESOLVED, by the affirmative vote of not less than two-thirds of the total voting strength of the Common Council of the City of Ithaca, Tompkins County, New York, as follows: Section 1. For the purpose of paying the additional cost of certain capital improvements, in and for the City of Ithaca, Tompkins County, New York, there are hereby authorized to be issued $1,730,000 additional bonds of said City, as allocated in Section 2 hereof, pursuant to the provisions of the Local Finance Law. Section 2. The maximum estimated cost of each object of purpose outlined below and their plan for the financing thereof is as follows: a) For the purpose of paying the cost of the Cass Park Rink renovation design, relating to rink floor, refrigeration improvement and rink enclosure, including original equipment, machinery, apparatus, and incidental expenses in connection therewith, in and for said City, a specific object or purpose with a period of probable usefulness of 25 years pursuant to subdivision 12(a)(1) of paragraph a of Section 11.00 of the Local Finance Law, $1,140,000 additional bonds are herein authorized in addition to the $45,000 bonds previously authorized by a bond resolution dated and duly adopted on December 5, 2007. Prior period of probable usefulness of 5 years for planning is hereby increased to 25 years. New maximum estimated cost: $1,185,000. (2- 14(k)) b) For the purpose of paying the cost of the Collegetown Urban Plan and Design, in and for said City, a specific object or purpose with a period of probable usefulness of 5 years pursuant to subdivision 62nd of paragraph a of Section 11.00 of the Local Finance Law, $50,000 additional bonds are herein authorized in addition to the $75,000 bonds previously authorized by a bond resolution dated and duly adopted on December 5, 2007. New maximum estimated cost: $125,000. (2-14(u)) c) For the purpose of paying the cost of the emergency facility reconstruction at the GIAC Building, in and for said City, including concrete structure improvements, door replacements, boiler replacement, and incidental improvements, equipment and expenses in connection therewith, a specific object or purpose with a period of probable usefulness of 25 years pursuant to subdivision 12(a)(1) of paragraph a of Section 11.00 of the Local Finance Law, $540,000 additional bonds are herein authorized in addition to the aggregate $4,506,000 bonds previously authorized by a bond resolutions dated and duly adopted on August 4, 2006 and December 5, 2007, respectively. New maximum estimated cost: $5,046,000. (2-10) Section 3. The faith and credit of said City of Ithaca, Tompkins County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year. There shall annually be levied on all the taxable real property of said City, a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable. Section 4. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the bonds herein authorized, including renewals of such notes, is hereby delegated to the City Controller, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said City Controller, consistent with the provisions of the Local Finance Law. Section 5. All other matters except as provided herein relating to the bonds herein authorized including the date, denominations, maturities and interest payment dates, within the limitations prescribed herein and the manner of execution of the same, including the consolidation with other issues, and also the ability to issue bonds with substantially level or declining annual debt service, shall be determined by the City Controller, the chief fiscal officer of such City. Such bonds shall contain substantially December 2, 2009 19 the recital of validity clause provided for in Section 52.00 of the Local Finance Law, and shall otherwise be in such form and contain such recitals, in addition to those required by Section 51.00 of the Local Finance Law, as the City Controller shall determine consistent with the provisions of the Local Finance Law. Section 6. The powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the City Controller, who shall advertise such bonds for sale, conduct the sale, and award the bonds in such manner as he shall deem best for the interests of the City; provided, however, that in the exercise of these delegated powers, he shall comply fully with the provisions of the Local Finance Law and any order or rule of the State Treasurer applicable to the sale of municipal bonds. The receipt of the City Controller shall be a full acquittance to the purchaser of such bonds, who shall not be obliged to see to the application of the purchase money. Section 7. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said City is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 8. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150-2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 9. This resolution, which takes effect immediately, shall be published in summary in the official newspaper of said City for such purpose, together with a notice of the City Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. Alderperson Zumoff stated that he would vote for the Resolution; however, he objects to Section 2 (b) that includes the Collegetown Urban Plan and Design. Alderperson Tomlan clarified that the $50,000 included in this Bond Resolution related to the Collegetown Urban Plan is to fund the parking study for Collegetown. The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: Alderperson Coles VOTING: Aye Alderperson Dotson VOTING: Aye Alderperson Clairborne VOTING: Aye Alderperson Rosario VOTING: Aye Alderperson Tomlan VOTING: Aye Alderperson Zumoff VOTING: Aye Alderperson Schuler VOTING: Aye Alderperson Myrick VOTING: Aye Alderperson Mohlenhoff VOTING: Aye Alderperson Cogan VOTING: Aye The resolution was thereupon declared duly adopted. Carried Unanimously 12.11 Human Resources - Establishment of Standard Workday as Required by New York State Retirement System - Resolution By Alderperson Coles: Seconded by Alderperson Cogan WHEREAS, the New York State Retirement System requires that the standard workday be established for all positions in City government for the purpose of determining reportable days worked, and December 2, 2009 20 WHEREAS, new titles have been created and positions have been amended since Common Council last updated the standard workday designations on June 1, 2005, now, therefore, be it RESOLVED, that Common Council hereby establishes the following standard workdays for the sole purpose of determining days worked reportable to the New York State and Local Employees’ Retirement System for the following positions as indicated: Eight (8) hour workday; Forty (40) hour workweek Accounts Payable Coordinator 1 Bridge Maintainer Computer-aided Design and Drafting (CADD) Technician Custodian Director of Planning and Development Executive Assistant to the City Attorney Fire Alarm Electrician Forestry Technician GIAC Program Administrator 1 GIAC Program Coordinator 1 Housing and Land Use Supervisor Junior Transportation Engineer Network Integration Specialist Parking Operations Supervisor Recreation Facility Maintenance Worker Senior Network Integration Specialist Specialist in Recreation for Individuals with Disabilities 1 Wastewater Collection System Supervisor Wastewater System Maintenance Mechanic Wastewater Treatment Plant Instrumentation Technician Trainee Water Distribution System Supervisor Water System Maintenance Mechanic Working Supervisor – Parking, Building and Grounds Youth Program Administrator 1 Seven and one-half (7.5) hour workday; Thirty-Seven and one-half (37.5) hour workweek Supervising Customer Service Representative Seven (7) hour workday; Thirty-five (35) hour workweek Historic Preservation and Neighborhood Planner Human Resources Office Assistant Senior Planner Six and four-tenths (6.4) hour workday; Thirty-two (32) hour workweek City Attorney – effective 01/01/06 Six (6) hour workday; Thirty (30) hour workweek Clerk 1 – effective 12/08/03 Deputy Director of Human Resources – effective 01/01/07 Office Assistant 3 – effective 10/07/09 Receptionist 3 – effective 04/06/05 Carried Unanimously 12.12 City Controller’s Report City Controller Thayer reported on the following: The 2010 budget is complete; however close monitoring of spending will be required as it will be a difficult year. Cash flow is tightening as the City is waiting to receive the State aid payment. The Governor’s initiative to close the budget deficit may include a withholding of aid. If the December 2, 2009 21 payment is not received by December 15th, the City may not be able to make the early pension payment. Sales tax collections for November were 10% above 2008 activity; however the total decrease in revenues for 2009 is projected to be -7% or $800,000. The overtime budget is $100,000 over budget; however it is showing improvement from past trends. Health insurance costs are running over budget. Parking revenues are over the 2009 projections: the parking garages are doing well; however, parking meter revenue is down. The Board of Public Works is working on 2010 parking rates. Fine revenues are on pace to be slightly under budget. Gas & oil costs are slightly under budget; utilities are on budget. City Controller Thayer explained that some of the budget shortfalls may be off-set by positions that were not filled during the year; however, use of the fund balance may be required to balance the 2009 budget. He further updated Council on the status of the Health Care Consortium. Benefit contracts are currently undergoing legal review while the Consortium is waiting for a decision from the New York State Insurance Board regarding the amount of union representation required on the consortium board. The Consortium is still hoping for a January, 2010, implementation date. NEIGHBORHOODS AND PUBLIC SAFETY COMMITTEE: 9.1 Appointments/Reappointments to Youth Council – Resolution By Alderperson Schuler: Seconded by Alderperson Myrick RESOLVED, That the following youth be re-appointed to serve on the Youth Council with terms indicated below: Cameron Younger (Town of Ithaca) - Term to expire August 31, 2011 Emilee Finkelstein (Village of Cayuga Heights)- Term to expire August 31, 2011 Philip Anderson (City) - Term to expire August 31, 2011 Addy Davidoff (City) – Term to expire August 31, 2010 and be it further RESOLVED, That the following youth be appointed to serve on the Youth Council with terms indicated below: Dana Malcolm (City) - Term to expire August 31, 2011 Harmony Graves (City) - Term to expire August 31, 2011 Gabriella Camanno (City) - Term to expire August 31, 2010 Cody Austern-Aceto (City) - Term to expire August 31, 2010 Amending Resolution: By Alderperson Clairborne: Seconded by Alderperson Schuler RESOLVED, That the appointment for Addy Davidoff by removed from the “re- appointments” and added to the new appointments. Carried 9-0 Alderperson Cogan absent from vote Main Motion as Amended A vote on the Main Motion as Amended resulted as follows: Carried 9-0 Alderperson Cogan absent from vote December 2, 2009 22 Shopping Carts Alderperson Schuler reported that since the article on shopping carts was published in The Ithaca Journal, 49 carts were picked up by Tops Supermarket, and the Dollar Store is preparing to pick up their carts as well. 10. LEGISLATIVE COMMITTEE: 10.1 Temporary Suspension of Apprenticeship Policy for City Construction Projects - Resolution By Alderperson Clairborne: Seconded by Alderperson Dotson WHEREAS, the City of Ithaca from time to time undertakes construction contracts which involve the construction, reconstruction, improvement, or rehabilitation of buildings, facilities, and structures in the City of Ithaca, and WHEREAS, the City of Ithaca is making considerable efforts to increase the number of jobs in the city, and is consistently advocating for quality employment opportunities for city residents, in particular young people in the city, and WHEREAS, maintaining a qualified and skilled labor force is essential to a healthy and dynamic local economy, and WHEREAS, it is desirable to establish employment principles to guide future decisions of the city, and WHEREAS, Article 23 (Apprenticeship Training), Section 816-b of New York State Labor Law states, "in entering into any construction contract, a government entity which is to be a direct or indirect party to such contract may require that any contractors and subcontractors have, prior to entering into such a contract, apprenticeship agreements appropriate for the type and scope of work to be performed, that have been registered with, and approved by, the commissioner pursuant to the requirements found in this article"; and WHEREAS, in January 2005 Common Council adopted a resolution which required that all City construction contracts for more than $500,000 “must include contractors that participate in New York State certified apprenticeship programs,” that this requirement is to be imposed upon “all bidders and all subcontractors under the bidder,” and is to apply to “each apprenticeable trade or occupation represented in their workforce” and that all bidders and their subcontractors “must abide by the apprentice to journeyman ratio for each trade prescribed therein,” but that 25% of the monetary value of the general contract may be exempted from the apprenticeship requirement “to permit the use of small or specialty subcontractors who would otherwise be excluded;” and WHEREAS, recent implementation of this apprenticeship policy has resulted in confusion and difficulties for City staff in interpreting and applying the various provisions to actual bid situations, and in disputes with contractors about the accuracy or fairness of such interpretations; and WHEREAS, in one recent bidding situation, strict application of the current policy resulted in an award to a contractor that apparently had no apprentices rather than another contractor that was mostly but not entirely in compliance; and WHEREAS, the Legislative Committee of Common Council, together with involved City staff, has begun to review the apprenticeship policy, to gather examples of similar policies from other communities in New York State and to solicit feedback and suggestions from stakeholders such as construction workers and unions, as well as contractors, all for the purpose of determining how the legislation could be improved so as to address the recent problems in implementation; and WHEREAS, at least one major City construction project (Cass Park ice rink repair) is scheduled to be bid within the next month, and at least two other such projects (Columbia Street pedestrian bridge repair and Cayuga Waterfront Trail, Phase 3) are expected to be bid within the next two or three months, before it is anticipated that modifications to the apprenticeship policy could be ready for Council consideration, and December 2, 2009 23 WHEREAS, there is an existing working group that includes staff and Council members that is willing to continue updating the apprenticeship policy to better address the concerns that have come to light in recent months; now therefore be it RESOLVED, That, for the reasons set forth above, the City of Ithaca apprenticeship policy, enacted by Common Council resolution of January 5, 2005, be and hereby is suspended, effectively immediately, until August 5, 2010; and be it further RESOLVED, That the working group is directed to report back to an appropriate Council committee, as established by the Mayor, in April, 2010, and again with a complete proposed new policy in June, 2010. Carried Unanimously 10.2 Protocol for Posthumous Honors - Resolution By Alderperson Clairborne: Seconded by Alderperson Myrick 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, and WHEREAS, in accordance with state executive law, Article 19, §403-21, the (United States) flag shall be flown at full staff at all times except it shall be flown at half-staff on the eleventh of September, known as September 11th Remembrance Day, the seventh day of December, known as Pearl Harbor Day, and to commemorate the death of a personage of national or state standing or of a local member of the U.S. Armed Forces, official or public servant who, in the opinion of the local agency concerned, contributed to the community; 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 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. December 2, 2009 24 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.) 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. e. 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. i. 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.” f. 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. g. 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 (g.) 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 (g.) (b) For current employees who die in the line of duty, Options (a) through (f) (c) For retired or revered employees, Options (d.) through (f.) (d) 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 December 2, 2009 25 RESOLVED, That nothing noted in this protocol is meant to supersede longstanding traditions or protocols of those covered by the listed categories for posthumous honors such as members of the U.S. Armed Forces, fire or police officers, 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. Amending Resolution: By Alderperson Tomlan: Seconded by Alderperson Coles RESOLVED, That subsection 4 of the 1st Resolved clause be amended to read as follows: 4. “Any of the following Options listed below may be implemented under this Protocol and, although any may be deemed appropriate in any case, the Options generally applicable to persons in certain categories are as follows: - For elected officials, Options (a.) through (f.) - For current employees who die in the line of duty, Options (a) through (f) - For retired or revered employees, Options (d.) through (f.) - For other revered members of the community, Options (d) through (f.) (See Paragraph 6, below, for applicability of Options to persons in particular categories.) 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. e. 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, and any such resolution shall state that, in the words used in past Common Council protocols, 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.” f. 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. g. 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.” And, be it further RESOLVED, That subsection 6 of the 1st Resolved clause be deleted and the remaining subsections re-numbered appropriately. 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 December 2, 2009 26 The Posthumous Honors Protocol as adopted reads as follows: 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 Options listed below may be implemented under this Protocol, and although any may be deemed appropriate in any case, the Options generally applicable to persons in certain categories are as follows: - For elected officials, Options (a.) through (g.) - For current employees who die in the line of duty, Options (a) through (f) - For retired or revered employees, Options (d.) through (f.) - For other revered members of the community, Options (d) through (f.) 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. e. 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, and any such resolution shall state that, in the words used in past Common Council protocols, 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.” f. 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. g. 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 December 2, 2009 27 receiving notice of the person’s passing. Any selected action(s) from Options (c.) through (g.) 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. 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. 7. 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. Nothing noted in this protocol is meant to supersede longstanding traditions or protocols of those covered by the listed categories for posthumous honors such as members of the U.S. Armed Forces, fire or police officers. 10.3 Proposed Outdoor Smoking Regulations – Call for a Public Information Session By Alderperson Clairborne: Seconded by Alderperson Dotson WHEREAS, for the past year, the Legislative Committee of Common Council has been considering a proposed ordinance that would regulate smoking in certain outdoor areas in the City of Ithaca; and WHEREAS, the Common Council wishes to provide the public with an opportunity to become familiar with the proposed regulations and to offer comments to Council on this important public policy matter; now therefore be it RESOLVED, The City Clerk, in consultation with the Chairperson of the Legislative Committee, be directed to schedule a public informational meeting and public hearing (combined into one session) for the evening of December 14, 2009 (or for another date close to that time, if necessary due to space availability, etc), in Common Council Chambers, to publish at least two notices of the same in the official newspaper and to publicize the session by other appropriate means, to solicit written comments as well, to be submitted by that date, and to arrange for a comprehensive record to be made of the oral comments received at the public hearing. Discussion followed on the floor regarding publishing a summary of comments made by the public for Common Council review. A request was made to post the draft legislation on the website and make it available at the City Clerk’s Office. A vote on the Resolution resulted as follows: Carried Unanimously 10.4 Approval of a Fire Protection Contract between the City of Ithaca and the Town of Ithaca By Alderperson Clairborne: Seconded by Alderperson Schuler WHEREAS, a committee comprised of a member of Common Council and the Mayor, involved City staff, members of the Ithaca Town Board and the Town Supervisor, involved Town staff, and a member of the Board of Fire Commissioners has been meeting for two years for the purpose of negotiating the terms of a new Fire Protection Contract between the municipalities, and December 2, 2009 28 WHEREAS, the most recent Fire Protection Contract between the City and Town was scheduled to expire on December 31, 2007, and was extended three times pending the completion of such negotiations, by action of both parties and per Memoranda of Understanding, until March 31, 2008, until June 30, 2008, and until December 31, 2009, and WHEREAS, the Negotiating Committee has recommended a new contract for a five- year period, from January 1, 2010, through December 31, 2014, the terms of which are set forth in a draft dated October 23, 2009; now, therefore, be it RESOLVED, That the Common Council hereby authorizes the Mayor, upon the advice of the City Attorney, to execute a new Fire Protection Contract between the City and the Town of Ithaca, as recommended by the Negotiating Committee, subject to approval of the same by the Ithaca Town Board. Alderperson Mohlenhoff disclosed that she is the spouse of an Ithaca Fire Fighter so there may be a perception of a conflict of interest; however, she believes that no true conflict exists, and she will be voting on the Resolution. Alderperson Clairborne noted that the approval of this contract has been a long process filled with education and re-calculation of fees. He reviewed the highlights of the contract. He thanked Assistant City Attorney Donna Este-Green and the Town of Ithaca Attorney Susan Brock, Mayor Peterson, Town Supervisor Engman, and former Fire Chief Brian Wilbur for the hours of work they dedicated to the creation of this contract. Alderperson Tomlan commented that there will be a joint meeting between Common Council and the Ithaca Town Board tomorrow night to discuss shared services and consolidation. She noted that this is a great example of inter-municipal cooperation. A vote on the Resolution resulted as follows: Carried Unanimously PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE: Alderperson Dotson noted that this is Alderperson Mary Tomlan’s last Common Council meeting. She extended her thanks to Alderperson Tomlan for her years of service as the Chair of the Planning and Economic Development Committee, for her “eagle eye” when it came to details, and for her support during the transition period when she was appointed as Chair of the Planning Committee. 11.1 An Ordinance to Amend the City of Ithaca Municipal Code Chapter 325, Entitled “Zoning” To Amend the Zoning District Boundaries of the B-1a and the CBD-60 Zoning Districts A. Declaration of Lead Agency for Environmental Review - Resolution By Alderperson Dotson: Seconded by Alderperson Rosario WHEREAS, State Law and Section 176-6 of the City Code require that a lead agency be established for conducting environmental review of projects in accordance with local and state environmental law, and WHEREAS, State Law specifies that for actions governed by local environmental review, the lead agency shall be that local agency which has primary responsibility for approving and funding or carrying out the action, and WHEREAS, the proposed zoning amendment is an “Unlisted” Action pursuant to the City Environmental Quality Review (CEQR) Ordinance, which requires environmental review under CEQR; now, therefore, be it RESOLVED, That Common Council of the City of Ithaca does hereby declare itself lead agency for the environmental review of the adoption of an ordinance to change the designation of Tax Parcel #61.-6-9 from B-1a to CBD-60. Carried Unanimously December 2, 2009 29 B. Determination of Environmental Significance – Resolution By Alderperson Dotson: Seconded by Alderperson Rosario WHEREAS, the City of Ithaca is considering a proposal to change the designation of Tax Parcel #61.-6-9 from B-1a to CBD-60, and WHEREAS, appropriate environmental review has been conducted including the preparation of a Short Environmental Assessment Form (SEAF), and WHEREAS, this zoning amendment has been reviewed by the Tompkins County Planning Department Pursuant to §239-l–m of the New York State General Municipal Law, which requires that all actions within 500 feet of a county or state facility, including county and state highways, be reviewed by the County Planning Department, and has also been reviewed by the City of Ithaca Conservation Advisory Council, and the City of Ithaca Planning and Development Board, and WHEREAS, the proposed action is an “Unlisted” Action under the City Environmental Quality Review Ordinance, and WHEREAS, the Common Council of the City of Ithaca, acting as Lead Agency, has reviewed the SEAF prepared by planning staff; now, therefore, be it RESOLVED, That this Common Council, as lead agency in this matter, hereby adopts as its own, the findings and conclusions more fully set forth on the Short Environmental Assessment Form, and be it further RESOLVED, That this Common Council, as lead agency in this matter, hereby determines that the proposed action at issue will not have a significant effect on the environment, and that further environmental review is unnecessary, and be it further RESOLVED, That this resolution constitutes notice of this negative declaration and that the City Clerk is hereby directed to file a copy of the same, together with any attachments, in the City Clerk’s Office, and forward the same to any other parties as required by law. Carried Unanimously C. An Ordinance to Amend the City of Ithaca Municipal Code Chapter 325, Entitled “Zoning” To Amend the Zoning District Boundaries of the B-1a and the CBD-60 Zoning Districts By Alderperson Dotson: Seconded by Alderperson Rosario ORDINANCE NO. 2009- BE IT ORDAINED AND ENACTED by the City of Ithaca Common Council as follows: Section 1. The Official Zoning Map of the City of Ithaca is hereby amended to change the designation of Tax Parcel #61.-6-9 from B-1a to CBD-60. Section 2. Effective Date. This Ordinance shall take effect immediately and in accordance with law after publication of notice as provided in the Ithaca City Charter. Alderperson Tomlan shared her concerns regarding project issues vs. planning issues and the result of spot zoning. She explained the site’s height dimensions and the proximity to designated landmarks that are included in a historic district. She further noted that she still has reservations regarding the parking needs for the proposed use. Discussion followed on the floor regarding the other potential uses that could go into the site. A vote on the Ordinance resulted as follows: Carried Unanimously December 2, 2009 30 11.2 City Comprehensive Plan – Selection of Consultant for Phase I – Resolution By Alderperson Dotson: Seconded by Alderperson Cogan WHEREAS, the City of Ithaca’s existing comprehensive plan was completed in 1971 and has since been amended fourteen times by various targeted neighborhood and strategic plans, and WHEREAS, while some objectives of the 1971 plan are still applicable, many are not, and both local conditions and broader national and world-wide trends that affect Ithaca have changed dramatically since then, resulting in a need to update the comprehensive plan to address present-day issues and anticipate future ones, and WHEREAS, the preparation of a comprehensive plan at this time provides a valuable opportunity to coordinate with the Town of Ithaca as it updates its comprehensive plan as well as with Tompkins County, Tompkins Consolidated Area Transit, Ithaca- Tompkins County Transportation Council, and local employer planning initiatives either under way or recently completed, and WHEREAS, the undertaking of a comprehensive plan at this time comes at the Mayor’s initiative, first expressed in the 2004 “State of the City” address and later with the appointment of a “pre-planning” committee in February 2007, consisting of the Mayor, four Common Council members, Department of Planning and Development staff members and, as of January 2008, two members of the Planning and Development Board, and WHEREAS, the “pre-planning” committee convened by the Mayor to discuss issues related to the preparation of a new comprehensive plan discussed a two-phase planning process, where phase 1 would entail the preparation of a city-wide vision statement that would set forth broad principles to guide future planning and development throughout the city and its neighborhoods, and phase 2 would include the preparation of specific neighborhood plans and other distinct thematically-based plans, and WHEREAS, at its meeting on February 6, 2008, the Common Council approved a capital project in the amount of $200,000 ($125,000 the first year and $75,000 the second year) to prepare a comprehensive plan, and WHEREAS, in accordance with the N.Y.S. General City Law §28-a and the City of Ithaca Municipal Code §4-23, the City of Ithaca Planning and Development Board is responsible for the preparation and recommendation of a new comprehensive plan to the Common Council, which has the exclusive power to formally adopt the plan for the City, and WHEREAS, the Planning and Development Board established the Comprehensive Plan Committee at its meeting on July 22, 2008 and appointed a group of twenty-three members which includes representation from the Common Council, the Planning and Development Board, and the Town of Ithaca, along with representation from established City advisory boards and from other stakeholder groups intended to reflect a broad and diverse range of community and neighborhood interests, and WHEREAS, the Comprehensive Plan Committee, which is to work under the supervision of the Planning and Development Board (which will provide broad oversight for the whole comprehensive planning process), was charged by the Planning Board with several responsibilities regarding the preparation of a new comprehensive plan, and these overall responsibilities include: (1) preparing and approving a request for qualifications (“RFQ”) for a consultant team to assist with phase 1 of the development of the proposed, new City of Ithaca comprehensive plan; and (2) reviewing the responses to the RFQ, conducting interviews of consultant teams, and making a recommendation of a consultant team to the Planning and Development Board, Mayor, and Common Council for their respective approvals, and WHEREAS, the Comprehensive Plan Committee prepared and approved a RFQ in the spring of 2009, and the City received responses from 20 consultant firms, and December 2, 2009 31 WHEREAS, the Comprehensive Plan Committee reviewed the responses and selected four firms for interviews, and WHEREAS, a seven-member subcommittee of the Comprehensive Plan Committee conducted the consultant interviews on October 19-20, 2009 and met again on November 2, 2009, at which time the subcommittee unanimously recommended the Parsons Brinckerhoff Team for consideration by the larger committee, and WHEREAS, at its meeting on November 5, 2009, the Comprehensive Plan Committee reviewed the subcommittee’s recommendation and, based on the reasons identified in the “Comprehensive Plan Committee’s Consultant Recommendation to the Planning and Development Board, Mayor and Common Council,” dated November 5, 2009, voted unanimously to recommend that the Parsons Brinckerhoff Team be selected as the consultant to prepare phase 1 of the proposed, new comprehensive plan; now, therefore, be it RESOLVED, That the Common Council approves the Comprehensive Plan Committee’s recommendation of the Parsons Brinckerhoff Team and authorizes the Mayor to enter into a contract with Parsons Brinckerhoff for the preparation of phase 1 of the proposed, new comprehensive plan. Amending Resolution: By Alderperson Dotson: Seconded by Alderperson Tomlan RESOLVED, That the Resolved clause be amended to read as follows: “RESOLVED, That the Common Council approves the Comprehensive Plan Committee’s recommendation of the Parsons Brinckerhoff Team and authorizes the Mayor to enter into a contract with Parsons Brinckerhoff for the preparation of phase 1 of the proposed, new comprehensive plan in an amount not to exceed $200,000.” Carried Unanimously Alderperson Zumoff stated that he would be voting against this Resolution as he has a problem with the cost of the project, not the recommendation of the Committee. He questioned why the 5th Whereas clause mentions the preparation of a city-wide “vision statement”, when the action taken by Council was for the preparation of a comprehensive plan. Alderperson Cogan responded that the Comprehensive Plan is intended to be an “umbrella” plan based on broad principles and guidelines, and that the neighborhood- specific plans would be incorporated into the broader plan. Alderpersons Schuler and Coles noted that the Board of Zoning Appeals has recently expressed its appreciation for the effort to create a comprehensive plan so that they can address zoning issues in a manner consistent with the greater plan. Main Motion as Amended: A vote on the Main Motion as Amended resulted as follows: Ayes (9) Coles, Dotson, Clairborne, Rosario, Tomlan, Schuler, Myrick, Mohlenhoff, Cogan Nays (1) Zumoff Carried 11.3 Acceptance of the Common’s Client Committee Recommendation and Authorization of Sasaki to Prepare a Preliminary Design for the Repairs and Upgrades to the Commons – Resolution By Alderperson Dotson: Seconded by Alderperson Zumoff WHEREAS, in June of 2009, the City hired Sasaki Associates to design upgrades and repairs for The Commons, and WHEREAS, Sasaki Associates was contracted to evaluate the existing conditions and future needs of The Commons based on utilities, surfaces, site structures and planting, to consider overall design integration into the surrounding area, and to recommend project phasing that would minimize construction impacts, and December 2, 2009 32 WHEREAS, The Commons Client Committee, which consists of 15 members of the public and city officials appointed by the Mayor, and 7 supporting City staff members from the City Clerk’s office, Engineering, Planning, Fire, and the Downtown Ithaca Alliance, were charged with assisting Sasaki Associates, a design firm hired by the City, with developing conceptual approaches to repairing and upgrading the utilities, surface, and amenities on The Commons, and WHEREAS, The Commons Client Committee and the Consultant worked together over several months on an extensive public outreach process, which included soliciting comments from downtown residents, downtown employees, merchants, property owners, shoppers, playground users, mobile vendors, seniors, people with disabilities, tourists, college students, library users, downtown event planners, utility suppliers, as well as from the general public, and WHEREAS, comments were collected regarding safety/security, access/accessibility, project phasing, vegetation, surface conditions/amenities, art/history, budget, and retail mix, and WHEREAS, Sasaki Associates prepared 3 possible design options for the upgrades and repairs to The Commons, a minimal option, which attempts to retain as much of the original design as possible, an asymmetric design, which places the amenities all on one side of The Commons and the pedestrian walkway on the other side, and an eclectic streetscape option, which creates two rows of amenities down the length of The Commons and three walkways, one large in the center and two smaller walkways along the store fronts, and WHEREAS, The Commons Client Committee has evaluated these three options based on how well they respond to concerns that have been raised regarding budget, utilities, safety, security, visibility, access/accessibility, surface conditions, vegetation/trees, comfort, retail mix, and constructions phasing, and WHEREAS, the Client Committee has determined that the minimal option which retains a center loaded layout will do little to respond to the concerns that have been raised by the public and the asymmetric option is an improvement, but leaves many concerns unresolved, and the Committee finds that the eclectic streetscape option best responds to concerns which have been raised, and WHEREAS, the consultants have provided images of possible design elements for the Eclectic Streetscape option that are inspired by the morphology of the gorges, which the Committee feels will help to establish a sense of comfort, a sense of discovery and a special sense of place, and will provide the best opportunity for The Commons to speak to the unique character of Ithaca, and WHEREAS, the concept options for Bank Alley, included an Option 1, minimal option, Option 2 center loaded layout with a large performance space at the intersection with Seneca Street and a large water/play area, and Option 3, which has smaller play features loaded along one side and a large walkway along the other side, and WHEREAS, the Committee received many comments from the public regarding the importance of retaining a play area on The Commons, as well as to continue to provide a performance space, and WHEREAS, the Committee has found that the Option 2 for Bank Alley is the most favorable, and the large amenity area provides adequate space for both a performance area and a play area, now therefore, be it RESOLVED, That the Common Council accepts the recommendation of The Commons Client Committee and directs Sasaki Associates to work with The Commons Client Committee to develop a preliminary design based on the Option 3 Eclectic Streetscape concept for the State/MLK Street portion of The Commons and the Option 2 concept for the Bank Alley portion of The Commons. December 2, 2009 33 Alderperson Schuler, Liaison to the Shade Tree Advisory Committee, asked if a member of the Shade Tree Committee served as a representative on the Client Committee. She read a statement that was prepared by the Shade Tree Committee regarding the impact of the recommended option on the established trees on the Commons. Planning and Development Director Cornish responded that Dan Klein and City Forester Andy Hillman have been actively involved with the Client Committee. Alderperson Coles stated that she feels this is the wrong time to take on this project, and sees no reason for any part of the project to move forward. She voiced her disappointment that project costs have not been provided in association with the concept alternatives, and stated that she believes the Eclectic Streetscape concept would negatively change the public assembly usage of the Commons. Planning Director Cornish responded that the Client Committee reviewed all of the comments received at the public sessions and stakeholder group meetings. Many comments were received that indicated a desire to reduce the number of covered, permanent performance spaces. Members of the public and stakeholders noted that when the pavilions are not in active use, they can be taken over by groups of people that make the space feel unwelcoming to other potential users. Alderperson Zumoff, Liaison to the Commons Client Committee, noted that he appreciates hearing the differences of opinions and commended the Client Committee and Sasaki Associates for the work they have done so far. He noted that he believes the process has gone very smoothly; the public sessions were well attended and the Client Committee works very well together. Mayor Peterson explained that the design process will provide additional opportunities for public input. Alderperson Tomlan commented on the different perspectives of the Commons: public gathering place vs. a business district. She suggested that Common Council develop “anchoring” principles for the project and include them in the Resolution. Alderperson Rosario stated that he would like to see language added to a Whereas clause that references the impact of the utility work needed. Motion to Refer: By Alderperson Rosario: Seconded by Alderperson Dotson RESOLVED, That this Resolution be referred to the Planning and Economic Development Committee for the development of project principles and additional explanatory language. Carried Unanimously Motion to Extend Meeting: By Alderperson Cogan: Seconded by Alderperson Zumoff RESOLVED, That the meeting be extended until 12:00 am. Ayes (8) Coles, Dotson, Rosario, Zumoff, Tomlan, Myrick, Mohlenhoff, Cogan Nays (2) Clairborne, Schuler Carried 11.4 Comment on the Route 96 Corridor Management Study – Resolution By Alderperson Dotson: Seconded by Alderperson Coles WHEREAS, in recognizing the need for additional housing in Tompkins County and the ongoing development of housing in the area to the west and northwest of Cayuga Lake, the Tompkins County Department of Planning proposed the Route 96 Corridor Management Study in order to evaluate impacts associated with development in that corridor from the Village of Trumansburg to the intersection with Route 13 in the City of Ithaca, and to examine means of mitigating those impacts, including land use regulations and transportation system improvements, and December 2, 2009 34 WHEREAS, the City of Ithaca Common Council, at its July 5, 2007, meeting, authorized the expenditure of $8,000 so that the City could participate in this study with Tompkins County, the Ithaca-Tompkins County Transportation Council, and the Towns of Ithaca and Ulysses, and WHEREAS, a consultant team was hired and completed Technical Reports #1, 2 and 3 with technical analysis and recommendations, and WHEREAS, after receiving public comment solicited through various means, representatives of the Route 96 Corridor Technical Review Committee prepared Draft Technical Report #4 (dated 4/6/09), and WHEREAS, the City of Ithaca Planning and Development Board has reviewed the Route 96 Corridor Management Study reports at its regular meetings on June 23, July 28 and August 25, 2009, and at a special meeting on September 10, 2009, and WHEREAS, the Planning and Development Board, by resolution approved at its September 23, 2009, meeting, provided numerous comments and recommendations regarding the Route 96 Corridor Management Study, and WHEREAS, the Common Council has reviewed the Technical Reports and the Planning and Development Board’s comments thereon, and shares the board’s concerns regarding the importance of the identification of concentrated development nodes, the protection of open space along the corridor and the avoidance of typical suburban sprawl development patterns; now, therefore, be it RESOLVED, That the City of Ithaca Common Council concurs with the concerns stated by the Planning and Development Board and seeks to continue discussions with Tompkins County, the Ithaca-Tompkins County Transportation Council, and the Towns of Ulysses and Ithaca as the City and other study participants develop and review their respective comprehensive plans to best fulfill various stated goals. Amending Resolution: Alderperson Dotson: Seconded by Alderperson Tomlan RESOLVED, That the last Whereas clause and the Resolved clause be replaced by the following language: “WHEREAS, the Common Council has reviewed the Technical Reports and the Planning and Development Board’s comments thereon; now, therefore, be it RESOLVED, That the Common Council shares the Planning and Development Board’s support for the goals of nodal development and the protection of open space along the Route 96 corridor in order to discourage linear and other typical patterns of suburban sprawl, and that the Common Council concurs with the board’s concerns regarding the definition and character of the nodes, and, be it further RESOLVED, That, in light of these goals and concerns, the City of Ithaca Common Council seeks to continue discussions with Tompkins County, the Ithaca-Tompkins County Transportation Council, and the Towns of Ulysses and Ithaca as the City and other study participants develop and review their respective comprehensive plans.” Carried Unanimously Mayor Peterson extended her thanks to the Planning Board for all of their work on this issue. Main Motion As Amended A vote on the Main Motion as Amended resulted as follows: Carried Unanimously December 2, 2009 35 14. NEW BUSINESS: 14.1 Wild Fire Restaurant Alcohol Permit Request - Resolution By Alderperson Myrick: Seconded by Alderperson Clairborne WHEREAS, the City Clerk has received a request to allow the Wild Fire restaurant to utilize certain areas along Cayuga Street for outdoor dining, and WHEREAS, this use of public property has been deemed proper and successful, and WHEREAS, the City of Ithaca wishes to promote diverse uses of the Primary and Secondary Commons, including outdoor dining, and WHEREAS, it is Common Council's responsibility to determine whether or not to allow the serving and consumption of alcohol on the Primary and Secondary Commons, and WHEREAS, Common Council has determined that the use of this public property for outdoor dining at the Wild Fire restaurant, including the responsible sale and consumption of alcohol, is desirable, and WHEREAS, Common Council has determined that any use of this or similar public property involving the same and consumption of alcohol should be covered by a minimum of $1,000,000 insurance under the Dram Shop Act; now, therefore be it RESOLVED, For the year 2009, Common Council hereby approves a revocable Alcoholic Beverage Permit for the outdoor sale and consumption of alcohol for the Wild Fire restaurant that includes the sale of alcohol in accord with the terms and conditions set forth in application therefore, including minimum Dram Shop coverage in the amount of $1,000,000 and the approval of an outdoor dining permit. Carried Unanimously 14.2 Authorization to Execute an Agreement with the Towns of Ithaca and Dryden, as to the Sharing of Costs of the City’s Legal Defense in FirstEnergy Corp. vs City of Ithaca, et al, and Any Liability Associated with the Ownership and Operation of the Ithaca Area Wastewater Treatment Facility, Since December 22, 1981 By Alderperson Cogan: Seconded by Alderperson Tomlan WHEREAS, the City of Ithaca, as the owner of record (since 1959) of the real property where the Ithaca Area Wastewater Treatment Facility (IAWTF) is located, has been named as third-party defendant and potentially liable party, by FirstEnergy Corporation, in litigation initially between FirstEnergy and New York State Electric & Gas Corporation (NYSEG), regarding liability for the cost of remediation of coal tar contamination on the site (and elsewhere); and WHERAS, NYSEG had used the site in question for construction of a coal gasification plant, which NYSEG operated from 1927 until approximately 1932, and which produced coal tar as a by-product of the gasification process; and WHEREAS, the City of Ithaca acquired the site in question from NYSEG, in 1959, and shortly thereafter used part of the site to expand the City’s original wastewater treatment facility; and WHEREAS, in a Joint Sewer Agreement signed on December 22, 1981, the City and the Towns of Ithaca and Dryden agreed that they would jointly construct and operate a new wastewater treatment facility on the site in question, that they would apportion among themselves any liability resulting from claims arising out of the construction or operation of the plant, and that ownership of the real property on which the new plant was to be built would be conveyed from the City to the three involved municipalities; and WHEREAS, for reasons not now known, the intended conveyance of the site into joint ownership did not occur, although in 2008 the City indicated that it was willing to proceed with it, and, more recently, the Town Boards both agreed to accept such conveyance; and December 2, 2009 36 WHEREAS, during construction of the new, joint facility, in the mid-1980s, it was discovered that there was coal tar contamination on the site, in the vicinity of the former coal gasification plant; and WHEREAS, after discussion of the third-party litigation brought by FirstEnergy, the Special Joint Committee of the IAWTF has recommended that the three municipalities agree to share responsibility, proportionately, for the costs of defending the City (and the Towns, if they are named) and for any liability associated solely with ownership of the site, or with its operation since December 22, 1981; now therefore be it RESOLVED, that the Mayor, upon the advice of the City Attorney, is hereby authorized to execute an agreement with the Towns of Ithaca and Dryden (regarding shared responsibility for the afore-mentioned legal defense fees and for any liability associated with ownership or operation of the site since December 22, 1981), provided the form and substance of such agreement are essentially the same as that of the draft (#8) of the agreement dated 12/1/09. Carried Unanimously 16. MAYOR’S APPOINTMENTS: 16.1 Appointments and Reappointments to Various City Boards and Committees – Resolution Board of Public Works: By Alderperson Cogan: Seconded by Alderperson Schuler RESOLVED, That Jill Tripp be reappointed to the Board of Public Works with a term to expire December 31, 2012. Bicycle Pedestrian Advisory Council: RESOLVED, That David Nutter be reappointed to the Bicycle Pedestrian Advisory Council with a term to expire December 31, 2012, and be it further RESOLVED, That Joshua Carlsen be reappointed to the Bicycle Pedestrian Advisory Council with a term to expire December 31, 2012. Board of Zoning Appeals: RESOLVED, That Steven Beer be reappointed to the Board of Zoning Appeals with a term to expire December 31, 2012. Building Code Board of Appeals: RESOLVED, That Ernie Bayles be reappointed to the Building Code Board of Appeals with a term to expire December 31, 2012. Design Review Board: RESOLVED, That Grace Chiang be reappointed to the Design Review Board with a term to expire December 31, 2012. Examining Board of Electricians: RESOLVED, That Richard Srnka be reappointed to the Examining Board of Electricians with a term to expire December 31, 2012. Housing Board of Review: RESOLVED, That Chris Anagnost be reappointed to the Housing Board of Review with a term to expire December 31, 2012, and be it further RESOLVED, That William Olney be reappointed to the Housing Board of Review with a term to expire December 31, 2012. Ithaca Landmarks Preservation Commission: RESOLVED, That David Kramer be appointed to the Ithaca Landmarks Preservation Commission with a term to expire December 31, 2010, and be it further RESOLVED, That Sylvia Sheret Newman be appointed to the Ithaca Landmarks Preservation Commission with a term to expire December 31, 2010. December 2, 2009 37 Natural Areas Commission: RESOLVED, That Sarah B. Steuteville be appointed to the Natural Areas Commission to replace Wendy Wallitt with a term to expire December 31, 2011, and be it further RESOLVED, That Joe McMahon be reappointed to the Natural Areas Commission with a term to expire December 31, 2012. Parks Commission: RESOLVED, That Dan Klein be reappointed to the Parks Commission with a term to expire December 31, 2012, and be it further RESOLVED, That Suzanne VanDeMark be reappointed to the Parks Commission with a term to expire December 31, 2011. Planning and Development Board: RESOLVED, That David Kay be reappointed to the Planning and Development Board with a term to expire December 31, 2012, and be it further RESOLVED, That Tessa Rudan be reappointed to the Planning and Development Board with a term to expire December 31, 2012, and be it further RESOLVED, That Jill Tripp be reappointed to the Planning and Development Board as the Board of Public Works Liaison with a term to expire December 31, 2012. Public Art Commission RESOLVED, That Sally Grubb be reappointed to the Public Art Commission with a term to expire June 30, 2012. Shade Tree Advisory Committee: RESOLVED, That Anthony Hanna be reappointed to the Shade Tree Advisory Committee with a term to expire December 31, 2012, and be it further RESOLVED, That Debra Statton be reappointed to the Shade Tree Advisory Committee with a term to expire December 31, 2012. Work Force Diversity Advisory Committee: RESOLVED, That Marcia Fort be reappointed to the Work Force Diversity Advisory Committee with a term to expire December 31, 2012, and be it further RESOLVED, That Mary Leckey be reappointed to the Work Force Diversity Advisory Committee with a term to expire December 31, 2012, and be it further RESOLVED, That Sue Kittel be reappointed to the Work Force Diversity Advisory Committee with a term to expire December 31, 2012, and be it further RESOLVED, That Nancy Bereano be reappointed to the Work Force Diversity Advisory Committee with a term to expire December 31, 2012, and be it further RESOLVED, That Liz Vance be reappointed to the Work Force Diversity Advisory Committee with a term to expire December 31, 2012. Youth Bureau Board: RESOLVED, That Lizzy Noonan-Pomada be reappointed to the Youth Bureau Board with a term to expire December 31, 2012. Mayor Peterson extended her thanks to Information Management Specialist Sarah Myers and Executive Assistant Annie Sherman for all of their work in preparing these appointments. Alderperson Tomlan extended her thanks to all of those who volunteer their time to the City of Ithaca. A vote on the Resolution resulted as follows: Carried Unanimously December 2, 2009 38 REPORT OF CITY ATTORNEY: City Attorney Hoffman reported that a lawsuit has been filed against the Building Commissioner regarding a building permit for a parking lot on East Seneca Street. The City Attorney’s Office will be providing the defense for this case. MINUTES FROM PREVIOUS MEETINGS: 20.1 Approval of the October 7, 2009 and November 4, 2009 Regular Common Council Meeting Minutes – Resolution By Alderperson Myrick: Seconded by Alderperson Coles RESOLVED, That the minutes of the October 7, 2009 and November 4, 2009 Regular Common Council Meetings be approved with noted corrections. Carried Unanimously Mayor Peterson distributed notes on a proposed Standing Committee structure for 2010, and Committee Liaison assignments. She asked Council members to review the information and provide feedback to her. Motion to Enter into Executive Session to Discuss the Employment History of an Individual Employee – Resolution By Alderperson Myrick: Seconded by Alderperson Coles RESOLVED, That Common Council enter into Executive Session to discuss the employment history of an Individual Employee and information relating to a criminal investigation that if disclosed would imperil effective law enforcement. Carried Unanimously ADJOURNMENT: On a motion the meeting adjourned at 11:45 p.m. ______________________________ _______________________________ Julie Conley Holcomb, CMC Carolyn K. Peterson, City Clerk Mayor