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HomeMy WebLinkAbout01-05-11 Common Council Meeting AgendaOFFICIAL NOTICE OF MEETING A Regular meeting of the Common Council will be held on Wednesday, January 5, 2011, at 6:00 p.m. in the Common Council Chambers at City Hall, 108 East Green Street, Ithaca, New York. Your attendance is requested. AGENDA 1. PLEDGE OF ALLEGIANCE: 2. ADDITIONS TO OR DELETIONS FROM THE AGENDA: 3. PROCLAMATIONS/AWARDS: 4. SPECIAL ORDER OF BUSINESS: 4.1 Appointment of Marriage Officers for 2011 - Resolution 5. SPECIAL PRESENTATIONS BEFORE COUNCIL: 6. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: 7. PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR: 7.1 State of the City and Annual Diversity Statement – Mayor Peterson 8. CONSENT AGENDA ITEMS: City Administration Committee: 8.1 Finance/Controller - Designation of Official Newspaper - Resolution 8.2 Finance/Controller - Collateral to Secure Deposits - Resolution 8.3 Finance/Controller - Public Employee's Blanket Bond - Resolution 8.4 Finance/Controller - Designation of Common Council Meetings - Resolution 8.5 Finance/Controller - Designation of Official Depositories - Resolution 8.6 Common Council - Approval of 2011 Travel Policy - Resolution 8.7 Youth Bureau - Request to Amend 2011 Budget - Resolution 9. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE: No items were submitted for the agenda 10. CITY ADMINISTRATION COMMITTEE: 10.1 Requests for Refund of Penalty on Payment of Taxes - Resolution 10.2 IURA Housing Fund, 2009 Funding Round – Convert Approved Loan Assistance to Grant Assistance for the Women’s Community Building Redevelopment Project - Resolution 10.3 IURA - Housing Fund, 2009 Funding Round, Authorize County/City/IURA Fiscal Agency Agreement - Resolution Common Council Agenda January 5, 2011 Page 2 10. CITY ADMINISTRATION COMMITTEE - Continued: 10.4 IURA - Housing Fund, 2010 Funding Round – Authorize Disbursement of $70,000 Pursuant to an Executed MOU - Resolution 10.5 Attorney’s Office - Request to Amend Personnel Roster - Resolution 10.6 Common Council - A Property Tax Cap Must Include Mandate Relief - Resolution 10.7 Human Resources - Reallocation of City Clerk’s Position - Resolution 10.8 City Controller’s Report 11. REPORTS OF SPECIAL COMMITTEES: 12. NEW BUSINESS: 12.1 Request of Downtown Ithaca Alliance to Permit Wine and Hard Cider Tasting and Sale of Bottled Wine and Hard Cider at the Winter Festival/ Chili Cook-Off on the Commons – Resolution 13. INDIVIDUAL MEMBER – FILED RESOLUTIONS: 14. MAYOR’S APPOINTMENTS: 14.1 Resolution to Appoint City Representatives to the Tompkins County Council of Governments (TCCOG) 14.2 Appointments/Reappointments to Various City Boards and Committees – Resolution 15. REPORTS OF COMMON COUNCIL LIAISONS: 16. REPORT OF CITY CLERK: 17. REPORT OF CITY ATTORNEY: 18. MINUTES FROM PREVIOUS MEETINGS: 18.1 Approval of the December 1, 2010 Regular Common Council Meeting Minutes – Resolution 19. ADJOURNMENT: If you have a disability that will require special arrangements to be made in order for you to fully participate in the meeting, please contact the City Clerk at 274-6570 at least 48 hours before the meeting. ______________________________ Julie Conley Holcomb, CMC City Clerk Date: December 30, 2010 4. SPECIAL ORDER OF BUSINESS: 4.1 Appointment of Marriage Officers for 2011 - Resolution RESOLVED, That the following Alderpersons be designated as Marriage Officers for the year 2011: 8. CONSENT AGENDA ITEMS: City Administration: 8.1 Finance/Controller - Designation of Official Newspaper - Resolution RESOLVED, That, pursuant to Section C-113 of the City Charter, the Ithaca Journal be and is hereby designated as the official newspaper of the City of Ithaca for the year 2011. 8.2 Finance/Controller - Collateral to Secure Deposits - Resolution RESOLVED, That the collateral deposited by the Tompkins County Trust Company, JP Morgan Chase and M & T Bank as reported, be approved as to form and sufficiency. 8.3 Finance/Controller - Public Employee's Blanket Bond - Resolution RESOLVED, That pursuant to Section 11 of the Public Officers Law, the following Bond, which is on file in the Office of the City Clerk, be, and is hereby approved in all respects for the year 2011. Faithful Performance Blanket $250,000 National Grange Bond Coverage Mutual Insurance Co. 8.4 Finance/Controller - Designation of Common Council Meetings - Resolution RESOLVED, That the regular meetings of the Common Council, for the year 2011, be held at 6:00 P.M., on the first Wednesday of each month, in the Common Council Chambers, at City Hall, 108 East Green Street, Ithaca, New York, unless otherwise determined by Common Council. 8.5 Finance/Controller - Designation of Official Depositories - Resolution RESOLVED, That pursuant to Section C-34 of the City Charter, the Tompkins County Trust Company, the Fleet Bank, the JP Morgan Chase Bank and the M & T Bank be, and they are, hereby designated as the official depositories of all City Funds for the year 2011. 8.6 Common Council - Approval of 2011 Travel Policy - Resolution WHEREAS, there is to be held during the coming official year a) the New York State Conference of Mayors Annual Meeting and Training School; b) the New York State Conference of Mayors and Fall Training School for Fiscal Officers and Municipal Clerks, and other national and regional conferences as applicable, and WHEREAS, it is determined by the Mayor and Common Council that attendance by certain municipal officials and City employees at one or more of these meetings, conferences or schools benefits the municipality; now, therefore, be it RESOLVED, That Common Council, the Mayor and City employees are hereby authorized to attend said conferences or other applicable training events during 2011, and be it further RESOLVED, That the cost for all events must be derived from existing 2011 Departmental Budgets with appropriate approvals obtained as applicable, and be it further RESOLVED, That this resolution shall take effect immediately. 8.7 Youth Bureau - Request to Amend 2011 Budget – Resolution WHEREAS, The Ithaca Youth Bureau and GIAC will be co-organizing an adult basketball league this winter, and WHEREAS, the Ithaca Youth Bureau will collect additional fees and purchase supplies for the program, now, therefore, be it RESOLVED, That Common Council hereby amends the 2011 Youth Bureau Budget to account for said increase as follows: Increase Revenue Account: A 7310-2001-1530 Basketball $3,150 A 7310-2070 -1530 Basketball 500 $3,650 Increase Expense Account: A 7310-5120-1530 Part-time $ 450 A7310-5435-1530 Contracts 2,372 A 7310-5460-1530 Program Supplies 765 A7310-9030 Social Security/Medicare 34 A7310-9040 Workers’ Compensation 29 $3,650 10. CITY ADMINISTRATION COMMITTEE: 10.1 Request for Refund of Penalty on Payment of Taxes - Resolution WHEREAS, the final date to pay 2009-2010 Ithaca City School taxes without additional substantial penalty was September 30, 2010, and WHEREAS, the owners of 507-09 Cliff Street, 323 Hillview Place and 335 Spencer Road missed the final due date because of a death in the family, and WHEREAS, on October 4, 2010, the owners of the referenced properties paid the taxes with an additional month’s penalty of $43.18 due to the Ithaca City School District and $2.15 due to the City of Ithaca and an additional 15% penalty of $748.05 due to the City for a total additional penalty of $793.38, and WHEREAS, they have requested a refund of the additional paid penalty, and WHEREAS, NYS Real Property Tax Law prohibits the City of Ithaca from waiving the penalty of $43.18 due to the Ithaca City School District, and WHEREAS, these circumstances do not fit within the allowed guidelines for the waiver of penalty due to the City of Ithaca as passed by Common Council, now therefore be it RESOLVED, The request for waiver of penalty due to the City of Ithaca in the amount of $750.20 is denied. 10.2 IURA Housing Fund, 2009 Funding Round – Convert Approved Loan Assistance to Grant Assistance for the Women’s Community Building Redevelopment Project - Resolution WHEREAS, on November 22, 2010, Ithaca Neighborhood Housing Services, Inc. (INHS) requested reallocation of $75,000 in Housing Fund assistance awarded for the Women’s Community Building Redevelopment project (Project) be reallocated from the Housing Affordability Program to the Community Housing Trust Program, thereby converting loan assistance to grant assistance, and WHEREAS, the Housing Fund contains two separate funding programs to assist in the creation of affordable housing units, the Housing Affordability Program and the Community Housing Trust Program, and WHEREAS, the Housing Affordability Program provides loans for predevelopment costs of affordable housing projects and the Community Housing Trust Program provides grants for newly constructed or rehabilitated homes that will remain permanently affordable for future generations of buyers, and WHEREAS, pursuant to Common Council resolution of June 2, 2010, the City authorized its contribution to the Housing Fund be used for the following uses: 1. $30,000 for predevelopment loan assistance through the Housing Affordability Program to Ithaca Neighborhood Housing Assistance, Inc. for the Women’s Community Building located at 100 W. Seneca Street, and 2. $70,000 for predevelopment loan assistance through the Housing Affordability Program to Tompkins Community Action, Inc. for the Magnolia House project located at 308-320 N. Meadow Street, and WHEREAS, $30,000 of the $75,000 assistance awarded to the INHS Project derived from City of Ithaca funds, and WHEREAS, a Housing Fund Program Oversight Committee (POC) has been established to govern the Housing Fund made up of representatives from each funder, and includes Alderperson Maria Coles, Alderperson J.R. Clairborne and IURA Member Doug Dylla from the City, but that final funding decisions regarding expenditure of City funds shall be approved by the Common Council, and WHEREAS, the POC reviewed this request at their November 30, 2010 meeting and unanimously approved INHS’s request, noting that the project will include a binding regulatory agreement requiring the housing to be affordable for a minimum of 50 years, and WHEREAS, the Women’s Community Building project has already undergone environmental review through the site plan review process whereby the City of Ithaca Planning & Development Board determined that this project will result in no significant impact on the environment and issued a negative declaration for the project on February 9, 2010; now, therefore, be it RESOLVED, That the Common Council for the City of Ithaca endorses the Housing Fund Program Oversight Committee’s recommendation and hereby modifies its approval per its June 2, 2010 resolution to authorize use of up to $30,000 of City funds contributed to the Housing Fund as grant assistance through the Community Housing Trust Program for the Women’s Community Building redevelopment project located at 100 W. Seneca Street. 10.3 IURA - Housing Fund, 2009 Funding Round, Authorize County/City/IURA Fiscal Agency Agreement - Resolution WHEREAS, on April 1, 2009, the Common Council of the City of Ithaca authorized the Mayor to execute a Memorandum of Understanding (MOU) between the City of Ithaca, Tompkins County and Cornell University to develop, fund, and administer the Community Housing Affordability Program and the Community Housing Trust Program (Collectively known as the “Housing Fund”), and WHEREAS, a Housing Fund Program Oversight Committee (POC) has been established to govern the Housing Fund made up of representatives from each funder, including Alderperson Maria Coles, Alderperson J.R. Clairborne and IURA Member Doug Dylla from the City, but that final funding decisions regarding expenditure of City MOU funds shall be approved by the Common Council, and WHEREAS, on June 2, 2010, the Common Council for the City of Ithaca authorized disbursement of $100,000 of City Funds for affordable housing projects, and WHEREAS, Tompkins County (County) desires to serve as fiscal agent for the Housing fund, and WHEREAS, the POC recommends that the County act as a single fiscal agent for the Housing Fund whereby the County would enter into an agreement with the City and Cornell University to administer the City’s contribution to the Housing Fund, and WHEREAS, the Housing Trust MOU did not necessarily anticipate the formation of a fiscal agent for the Housing Fund to create single funding agreements with each recipient, but rather referenced that “each participating entity would have custody of and manage its individual contributions”, and “enter into an agreement for disbursement of funds to approved recipients based upon the template developed by the POC”, and WHEREAS, a proposed fiscal agency agreement, dated December 12, 2010, has been drafted to protect City interests but provide for the County to enter into uniform funding agreements with recipients of Housing Fund assistance, and WHEREAS, environmental review was previously completed on February 9, 2010 and June 2, 2010 for use of City funds to be administered through the proposed Fiscal Agency Agreement; now, therefore, be it RESOLVED, That the Common Council for the City of Ithaca hereby authorizes the Mayor, subject to advice of the City Attorney, to enter into an agreement to administer the City’s 2009 contribution to the Housing Fund that is substantially in conformance with the attached, proposed Fiscal Agency Agreement to Implement the Housing Fund Program Between the County of Tompkins, the City of Ithaca and the Ithaca Urban Renewal Agency, dated December 12, 2010. 10.4 IURA - Housing Fund, 2010 Funding Round – Authorize Disbursement of $70,000 Pursuant to an Executed MOU - Resolution WHEREAS, the Housing Fund Program Oversight Committee (POC) met on November 30, 2010, to review applications for funding submitted in July 2010 and recommended funding for the following affordable housing projects from the Housing Fund, which is jointly capitalized by Cornell University, Tompkins County and the City of Ithaca: Applicant Program Project Dollar Amount Recommended Number of Units Location INHS Trust INHS Community Housing Trust: New Construction/Substantial Rehabilitation $140,000 (grant) 7 owner- occupied units City of Ithaca, scattered sites Better Housing for Tompkins County Affordability Lansing Reserves $75,000 (loan) 80 unit Multi- family Northwoods Drive, Village of Lansing , and WHEREAS, on April 1, 2009, the Common Council of the City of Ithaca authorized the Mayor to execute a Memorandum of Understanding (MOU) between the City of Ithaca, Tompkins County and Cornell University to develop, fund, and administer the Community Housing Affordability Program and the Community Housing Trust Program (Collectively known as the “Housing Fund”), and WHEREAS, on April 1, 2009, the Common Council further found that the most appropriate locations for new housing units assisted through MOU funds are project sites located within existing urbanized areas of the County, rather than in new growth nodes or other areas of the County, and WHEREAS, the Community Housing Affordability Program assists with pre- development costs associated with residential, and mixed-use real estate development projects primarily benefiting low- and moderate-income households, and the Community Housing Trust Program is a program designed to ensure that newly constructed or rehabilitated homes that are made available to low- and moderate-income households remain affordable to future generations of buyers, and WHEREAS, City funds committed to the Housing Fund are derived from Gateway Loan proceeds held by the Ithaca Urban Renewal Agency, and WHEREAS, the POC unanimously recommended the following funding plan to match funding sources with housing projects recommended for funding: Funding Sources Cornell Tompkins City of Project Name University County Ithaca Total INHS Community Housing Trust – scattered sites $70,000$70,000 $140,000 BHFTC – Lansing Reserves $75,000 $75,000 Total Round #2 Allocation (2010) $75,000$70,000$70,000 $215,000 Round #1 Allocation (2009) $145,000$100,000$100,000 $345,000 Total Allocation $220,000 $170,000 $170,000 $560,000 Funds carried forward - round #3 $180,000$30,000$30,000 $240,000 and, WHEREAS, the POC recommends that the City contribution be earmarked for the INHS Community Housing Trust project that will involve new construction and/or substantial rehabilitation to create 7 affordable, owner-occupied housing units located within the City of Ithaca at 524-530 Chestnut Street (4 units), 507 Cascadilla Street (1 unit), 305 East Falls Street (1 unit) and 10 Hawthorne Place (1 unit); and WHEREAS, City of Ithaca funding is proposed to be used to fund construction and/or substantial rehabilitation of single family and two-family residences, which action qualifies as a Type II action listed at: • §176-5(C)(8): “construction or expansion of a single-family, a two family, or a three family residence on an approved lot including provision of necessary utility connections as provided in Subsection C(10),” and • §176-5(C)(2): “replacement, rehabilitation or reconstruction of a facility in kind on the same site, including upgrading buildings to meet building or fire codes,“ therefore, no further environmental review is required for this proposed action; now, therefore, be it RESOLVED, That the Common Council for the City of Ithaca hereby authorizes expenditure of up to $70,000, pursuant to the Housing Fund MOU, to assist the INHS Community Housing Trust: New Construction/Substantial Rehabilitation project as recommended by the Housing Fund Program Oversight Committee, and be it further, RESOLVED, That such funds shall be derived from Gateway Loan Proceeds held by the Ithaca Urban Renewal Agency, and be it further, RESOLVED, That the Mayor is authorized, subject to advice of the City Attorney, to execute a fiscal agency agreement with Tompkins County to implement this resolution. Back-Up Item 10.4 Fiscal Agency Agreement to Implement the Housing Fund Program By and Among the County of Tompkins, the City of Ithaca and the Ithaca Urban Renewal Agency AGREEMENT, entered into this ______ day of ____________ , 2011, made by and Among the County of Tompkins, a municipal corporation of the State of New York, having offices at 125 East Court Street, Ithaca, New York, 14850, hereinafter referred to as the “COUNTY”, the City of Ithaca, a municipal corporation of the State of New York,, having offices at 108 East Green Street, Ithaca, NY 14850, hereinafter referred to as the “CITY” and the Ithaca Urban Renewal Agency, an urban renewal agency created pursuant to General Municipal Law, having offices at 108 East Green Street, Ithaca, NY 14850, hereinafter referred to as the “IURA”. W I T N E S S E T H WHEREAS, the COUNTY authorized the Memorandum of Understanding (“MOU”) among the COUNTY, the CITY, and Cornell University with regard to the Housing Fund, by Resolution No. 2009-31, and WHEREAS, the CITY authorized the MOU by resolution on April 2, 2009, and WHEREAS, the IURA authorized use of IURA-administered funds to meet CITY obligations under the MOU on April 23, 2009, and WHEREAS a MOU among the COUNTY, the CITY, and Cornell University with regard to the Community Housing Affordability Program and the Community Housing Trust Program of the Housing Fund was executed on April, 23, 2009, and WHEREAS, pursuant to the MOU, the participating entities agree to jointly capitalize the Housing Fund over six years, including $1.2 million from Cornell University and $600,000 each from the CITY and the COUNTY, and WHEREAS, the COUNTY desires to serve as fiscal agent for the Housing Fund and enter into an agreement with the CITY to administer the CITY’s contribution to the Housing Fund, and WHEREAS, the CITY desires to have the COUNTY serve as fiscal agent for the Housing Fund and enter into an agreement with the COUNTY to accept and administer the City’s contributions to the Housing Fund to disburse funds to projects authorized by the CITY for assistance, and WHEREAS, CITY funds pursuant to this agreement are administered by the IURA, and WHEREAS, the COUNTY, has the capability to serve as fiscal agent and disburse the Housing Fund appropriately for the CITY, NOW, THEREFORE, in consideration of the promises, covenants, and agreements contained herein, the parties agree as follows: 1. The term of this contract shall be from ______________, 2011, until such time as the Housing Fund loans, which are the subject of the agreement, have been repaid to the Housing Fund. 2. The COUNTY agrees to serve as fiscal agent for the Housing Fund through County Resolution 2010-74. 3. All funding shall be distributed as recommended by the Housing Fund Program Oversight Committee and approved by the funding entities. 4. The IURA, on behalf of the CITY, agrees to pay the COUNTY one hundred thousand dollars ($100,000) to be used to support housing projects approved by the CITY for use of Housing Funds as described more fully in Exhibit A. The IURA shall remit payment to the COUNTY within 14 days of receipt of a written demand for funds. 5. Any funds provided pursuant to this Agreement that are not disbursed within 270 days from the date of receipt of funds by the COUNTY shall be returned to the IURA, unless the Mayor for the City of Ithaca expressly authorizes in writing the retention of such funds by the COUNTY. 6. The COUNTY will be responsible for establishing agreements with each of the Housing Fund recipients and disbursing the funds in a timely manner, and further agrees to provide documentation of disbursement of the funds. 7. Should the CITY’s contribution to the Housing Fund be used to provide loan assistance to Housing Fund recipients, use of loan repayments received shall be restricted to projects located within the CITY and subject to approval by the CITY. 8. The COUNTY shall submit the following reporting information to the IURA: A. Copies of executed funding agreements with Housing Fund recipients pursuant to this Agreement within 30 days of execution of such agreements. B. Proof of disbursement of funds to Housing Fund recipients within 30 days of such payments. C. Quarterly report on the accounting of Housing Funds, including income & expenses, the fund balance, and the amount of the fund balance derived from loan repayments from the use of City funds. 9. This Agreement may be terminated for any reason upon thirty (30) days written notice by one party to the other parties. Each party shall honor the funding obligations of any agreements made prior to the date of termination, but shall not enter into new obligations. Upon termination: A. The COUNTY shall pay the IURA any funds received on behalf of the CITY but not dispersed or contractually obligated to a Housing Fund recipient. B. The COUNTY shall pay to the IURA a pro-rata portion of any unobligated loan repayments received and on-hand from Housing Fund recipients as of the date of termination. The pro-rata portion of such funds shall equal the total CITY contributions to the Housing Fund divided by the total amount of contributions made to the Housing Fund. C. The COUNTY shall pay to the IURA a pro-rata portion of any future loan repayments received resulting from funding agreements with Housing Fund recipients existing as of the date of termination. The pro- rata portion of such funds shall equal the total CITY contributions to the Housing Fund divided by the total amount of contributions made to the Housing Fund as of the date of termination. Such funds shall be paid no less frequently than annually. 10. The CITY and IURA shall indemnify, hold harmless and defend the COUNTY and its officers, employees, agents and elected officials from and against any and all claims and actions brought against the COUNTY and its officers, employees, agents and elected officials for injury or death to any person or persons or damage to property arising out of the negligence of the CITY and/or the IURA and its employees, subcontractors or agents. 11. The COUNTY shall indemnify, hold harmless and defend the CITY and IURA and its officers, employees, agents and elected officials from and against any and all claims and actions brought against the CITY and/or the IURA and its officers, employees, agents and elected officials for injury or death to any person or persons or damage to property arising out of the negligence of the COUNTY and its employees, subcontractors or agents. 12. This Agreement may be amended only by written agreement by and among the COUNTY, CITY, and IURA. This Agreement may be terminated only by written agreement by each of the parties hereto. 13. The provisions of this Agreement shall be construed under the laws of the State of New York. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. COUNTY OF TOMPKINS: DATE: __________ ________________________________ County of Tompkins Joe Mareane, County Administrator DATE: ____________ ________________________________ Approved for Form and Legality ________________________________ Print Name CITY OF ITHACA: DATE: ___________ ________________________________ CITY of Ithaca Carolyn K. Peterson, Mayor DATE: ___________ ________________________________ Approved for Form and Legality Khandikile Sokoni, Assistant City Attorney ITHACA URBAN RENEWAL AGENCY: DATE: ___________ ________________________________ Ithaca Urban Renewal Agency Carolyn K. Peterson, Chairperson DATE: ___________ ________________________________ Approved for Form and Legality Mariette Geldenhuys, Legal Counsel for IURA Exhibit A Authorized Use of City Funds Contributed to Housing Fund, Round #1 Pursuant to City of Ithaca Common Council resolutions of June 2, 2010 and January 5, 2011, the following projects were authorized for assistance from the CITY’s contribution to the Housing Fund: Thirty thousand dollars ($30,000) of CITY funds will be used to assist the Women’s Community Building project, a proposed 50-unit residential rental building located at 100 W. Seneca Street, Ithaca, NY and, and seventy thousand dollars ($70,000) of CITY funds will be used to assist the proposed Magnolia House project, a 14-unit supportive housing program for homeless women in recovery from substance abuse located at 308-320 N. Meadow Street, Ithaca, NY. 10.5 Attorney’s Office - Request to Amend Personnel Roster - Resolution WHEREAS, the current Assistant City Attorney has requested a reduction in the hours she works for the City of Ithaca and the City Attorney wishes to grant said request, and WHEREAS, the demands on the City Attorney’s office necessitate backfilling for the reduced number of hours through hiring a temporary, part-time Associate Attorney, now therefore be it RESOLVED, That, effective January 10, 2011 Common Council hereby amends the 2011 Personnel Roster for the City Attorney’s Office as follows: Delete: One (1) Assistant City Attorney (40 hours) Add: One (1) Assistant City Attorney (20 hours) Add: One (1) temporary Associate Attorney (20 hours) , and be it further RESOLVED, That consistent with Civil Service Law, this temporary Associate Attorney position shall exist no more than twelve (12) months commencing from the date of appointment. 10.6 Common Council - A Property Tax Cap Must Include Mandate Relief - Resolution WHEREAS, the level of property taxation throughout New York State has reached levels that are considered too high, and WHEREAS, New York State is one of the states that imposes a high burden of inefficient mandates on municipalities, and WHEREAS, pension payments and health insurance costs, two of the largest components of every municipal budget over which local officials have little control have and continue to increase at exorbitant rates, and WHEREAS, pension costs from the State Retirement System will increase by an average of 40% in both 2011 and 2012, and WHEREAS, as a solution to New York’s property tax crisis, the Governor of New York and the New York State Legislature will, in 2011, consider enactment of legislation imposing a cap on the annual growth in property taxes, and WHEREAS, a property tax cap will only work if it is simultaneously accompanied by a repeal of current state mandates that require local governments to increase spending and property taxes, and WHEREAS, a property tax cap without repeal of costly state mandates will, by definition, lead to drastic cuts in essential local services and dramatic layoffs of municipal employees, and WHEREAS, our State government has both consistently reduced State Aid to Municipalities and has failed to amend the formulas which place municipalities with significant percentages of tax exempt properties at a considerable disadvantage in how it raises the moneys needed for the delivery of essential services; now, therefore, be it RESOLVED, That the City of Ithaca Common Council, requests that the Governor of the State of New York, the members of the New York State Senate and New York State Assembly reform regulations for the cost drivers that account for high property taxes in New York State and find other methods for providing overdue property tax relief to the residents and businesses of New York State, and, be it further RESOLVED, That a copy of this resolution be forwarded to Governor Andrew Cuomo, State Senate Majority Leader John Sampson, State Senate Minority Leader Dean Skelos, Assembly Speaker Sheldon Silver, Assembly Minority Leader Brian Kolb, Senator Tom O’ Mara, Assemblywoman Barbara Lifton, and the New York State Conference of Mayors. 10.7 Human Resources - Reallocation of City Clerk’s Position - Resolution WHEREAS, Common Council authorized the creation of a Public Information Division in the City Clerk’s Office in the 2011 City of Ithaca budget, and WHEREAS, the implementation of the Public Information Division will result in a permanent and material change in the duties and responsibilities of the City Clerk, and WHEREAS, the additional duties and responsibilities that are being assumed by the City Clerk result in a change in the grade allocation of the position as determined by an updated point factor analysis of the position, and WHEREAS, funding for this grade reallocation was approved in the 2011 City Clerk’s Office budget, now, therefore, be it RESOLVED, That the position of City Clerk be reallocated from Grade 3 to Grade 4 of the City of Ithaca Managerial Compensation Plan. 12. NEW BUSINESS: 12.1 Request of Downtown Ithaca Alliance to Permit Wine and Hard Cider Tasting and Sale of Bottled Wine and Hard Cider at the Winter Festival/ Chili Cook-Off on the Commons – Resolution RESOLVED, That the Downtown Ithaca Alliance shall be authorized to arrange for the sale of bottled wine and bottled hard cider and to permit tasting of wines and hard cider at booths during the Winter Festival/Chili Cook-Off, February 19, 2011 on the Ithaca Commons, and, be it further RESOLVED, That the Downtown Ithaca Alliance and participating wineries shall comply with all applicable state and local laws and ordinances, and shall enter into an agreement providing that it will hold the City harmless and indemnify the City on account of any claims made as the result of the sale or tasting of bottled wine and bottled hard cider on the Ithaca Commons, and, be it further RESOLVED, That the Downtown Ithaca Alliance or the participating winery or cider company shall agree to maintain liability insurance in the amount of $1,000,000.00 and Dram Shop Act coverage in the minimum amount of $500,000.00, and shall provide evidence of such insurance to the City Clerk. 14. MAYOR’S APPOINTMENTS: 14.1 Resolution to Appoint City Representatives to the Tompkins County Council of Governments (TCCOG) WHEREAS, the Tompkins County Intermunicipal Steering Committee has been meeting to discuss ways the local governments could work together to reduce costs to the residents; and WHEREAS, the Committee has learned that other Counties have created a Council of Governments made up of local government officials; and WHEREAS, the Tompkins County Counsel of Governments is intended to be an association of local governments organized to provide a forum for discussion, study, and negotiation leading to agreements for more efficient, improved, or more cost effective delivery of government services; and WHEREAS, the City of Ithaca desires to be a member of the Tompkins County Council of Governments; now, therefore, be it RESOLVED, That Mayor Carolyn K. Peterson is hereby approved as the voting member for the City of Ithaca of the Tompkins County Council of Governments; and be it further RESOLVED, That Maria Coles is appointed as the alternate voting member. 14.2 Board of Public Works: RESOLVED, That Govind Acharya be appointed to the Board of Public Works to replace Cynthia Brock with a term to expire December 31, 2013, and be it further 14.3 Board of Fire Commissioners: RESOLVED, That Maureen Kelly be reappointed to the Board of Fire Commissioners with a term to expire June 30, 2013, and be it further 14.4 Commons Advisory Board: RESOLVED, That Tim Gray be appointed to the Commons Advisory Board to fill a vacancy with a term to expire December 31, 2011, and be it further 14.5 Community Police Board: RESOLVED, That Charles Firenze be reappointed to the Community Police Board with a term to expire December 31, 2013. 14.6 Conservation Advisory Council: RESOLVED, That Karimeh Shamieh be appointed to the Conservation Advisory Council to fill a vacancy with a term to expire December 31, 2013, and be it further 14.7 Disability Advisory Council: RESOLVED, That Courtney Glenn be appointed to the Disability Advisory Council to fill a vacancy with a term to expire June 30, 2012, and be it further 14.8 Public Art Commission: RESOLVED, That Jessica Shurberg be appointed to the Public Art Commission to fill a vacancy with a term to expire June 30, 2012, and be it further RESOLVED, That Samantha Hillson be appointed to the Public Art Commission to replace Wilka Roig with a term to expire June 30, 2013, and be it further 14.9 Workforce Diversity Advisory Committee: RESOLVED, That Erin Sember be appointed to the Workforce Diversity Advisory Committee with a term to expire December 31, 2013.