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HomeMy WebLinkAbout10-06-10 Common Council Meeting AgendaOFFICIAL NOTICE OF MEETING A Regular meeting of the Common Council will be held on Wednesday, October 6, 2010 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: 5. SPECIAL PRESENTATIONS BEFORE COUNCIL: 6. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: 7. PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR: 8. CONSENT AGENDA ITEMS: City Administration Committee: 8.1 Finance/Controller’s Office - Request to Amend Police and DPW Budgets for Various Reimbursements - Resolution 9. CITY ADMINISTRATION COMMITTEE: 9.1 Department of Public Works – Request Amendment # 7 and #8 to Capital Project Engineering Services Agreement for Miscellaneous Plant Improvements at the Ithaca Area Wastewater Facility CP #416J - Resolution 9.2 Department of Public Works - Authorization of a Supplemental Agreement for the Cayuga Waterfront Trail - Resolution 9.3 Department of Public Works - Request for Additional Funding for Water Tank Rehabilitation Project - Resolution 9.4 An Ordinance to Amend Chapter 316 of the City of Ithaca Municipal Code Entitled “Vehicles and Traffic”, Part 2, to add schedules I-XXXI - Resolution 9.5 Attorney’s Office - Support for Intermunicipal Initiative Regarding Cellular Communications Facilities – Resolution 9.6 Human Resources – Possible Motion to Enter Into Executive Session to Discuss CSEA Compensation Plan 9.7 City Controller’s Report – Presentation by Mayor Peterson of the Proposed 2011 City of Ithaca Budget. Common Council Agenda October 6, 2010 Page 2 10. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE: 10.1 Endorsement of the Neighborhood Pride Grocery Project for Assistance by the Tompkins County Industrial Development Agency - Resolution 10.2 An Ordinance to Amend the City of Ithaca Municipal Code Chapter 280 entitled “Smoking, Outdoor” so as to Prohibit Outdoor Smoking on the Entire Ithaca Commons 11. REPORTS OF SPECIAL COMMITTEES: 12. NEW BUSINESS: 13. INDIVIDUAL MEMBER – FILED RESOLUTIONS: 13.1 Mayor Peterson – Resources for Tompkins County Council of Government – Resolution 14. MAYOR’S APPOINTMENTS: 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 September 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: October 1, 2010 8. CONSENT AGENDA ITEMS: City Administration Committee: 8.1 Finance/Controller’s Office - Request to Amend Police and DPW Budgets for Various Reimbursements - Resolution WHEREAS, both the Police Department and Department of Public Works (DPW) have recently received funds for various insurance recoveries and a gift, and WHEREAS, the funds received include the following: Tree Damage Reimbursement $1,127.70 Gift for Trees 600.00 Insurance Recoveries for Police: Vehicle Repairs 8,546.31 $10,274.01 and WHEREAS, these funds were not budgeted in 2010 and a budget amendment is needed to account for the receipt and expenditure of funds; now, therefore be it RESOLVED, That Common Council hereby amends the 2010 budget as follows to account for said receipt and expenditure of funds: Increase Revenue Accounts: A3120-2680 Police Department Insurance Recovery$8,546.31 A7111-2680 Parks & Forestry 1,127.70 A7111-2705 Parks & Forestry Gifts 600.00 $10,274.01 Increase Appropriation Accounts: A3120-5476-5001 Police Dept. Equip. Maintenance $8,546.31 A7111-5485 Parks & Forestry Trees 1,727.70 $10,274.01 9. CITY ADMINISTRATION COMMITTEE: 9.1 Department of Public Works – Request Amendment #7 and #8 to Capital Project Engineering Services Agreement for Miscellaneous Plant Improvements at the Ithaca Area Wastewater Facility CP# 416J WHEREAS, the Ithaca Area Wastewater Treatment Plant is in need of certain Capital Improvements, and WHEREAS, Capital Project #416J Ithaca Area Wastewater Treatment Plant was authorized by Common Council in 2006 with additional amendments in 2007 and 2008 for a total authorization of $1,504,950, and WHEREAS, staff, in association with the Plant’s consulting engineers, Stearns and Wheler, LLC have estimated the cost for the next phase of engineering services, contract amendment #7 and #8 at $43,500, and WHEREAS, said contract amendments for $43,500 will include additional engineering services for settlement negotiations with the construction contractor, design of solutions for channel leaks, use of non-potable water, a high flow bypass weir and a differential movement study, and WHEREAS, the allocation of costs for previously authorized engineering service contract for this project (416J) to Stearns and Wheler is $266,000 for the original contract and amendments #1-#6, and WHEREAS, the Special Joint Committee (SJC) approved said contract amendments #7 and #8 at its meeting of August 11, 2010 contingent on fund availability; now, therefore be it RESOLVED, That Common Council hereby recommends an amendment in the amount not to exceed $43,500 to the previously authorized engineering services agreement with Stearns and Wheler, LLC for additional engineering services associated with the aforementioned project amendments #7 and #8, for a total engineering contract cost not to exceed $309,500, and, be it further RESOLVED, That Common Council hereby authorizes this project amendment contingent upon action by all wastewater partners committing their percentage of reimbursement shares to the Joint Activity Fund allocated per the Joint Sewer Agreement as follows: Municipality Percentage Project Cost City of Ithaca 57.14 $24,855.90 Town of Ithaca 40.88 17,782.80 Town of Dryden 1.98 861.30 $ 43,500.00 and be it further RESOLVED, That funds necessary for said engineering contract amendments shall be derived from the existing Capital Project #416 J Miscellaneous Plant Improvement Project authorization. 9.2 Department of Public Works - Authorization of a Supplemental Agreement for the Cayuga Waterfront Trail (1) WHEREAS, a Project for the CAYUGA WATERFRONT TRAIL, P.I.N. 395024 (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 80% Federal funds and 20% non-federal funds, and (2) WHEREAS, on June 13, 2001, Common Council authorized and established Capital Project #445 (then entitled Cass Park Waterfront Trail) in the amount of $425,000, to design and construct Phase 1 of the Cayuga Waterfront Trail (Phase 1 being a two-mile loop in Cass Park, which has now been completed), and (3) WHEREAS, on April 2, 2003, Common Council approved the funding of Phase 2 of the Cayuga Waterfront Trail (which would connect Cass Park to the Farmers Market) from the same Capital Project as Phase 1, authorized the addition of $677,724 to Capital Project #445, for the costs of design, right-of-way acquisition and construction of Phase 2, and authorized the Mayor to execute all necessary agreements or requests for federal funds for Phase 2 (through the Transportation Enhancement Program) and to provide for the administration of Phase 2 and the funding of the local share (with the understanding that the apportionment of the costs for this portion of the project would be roughly 72.05% federal and 27.95% local), and (3) WHEREAS, on September 28, 2004, environmental review of the proposed design for Phase 2 of the Trail was completed, by the City of Ithaca Planning and Development Board, the designated lead agency for such review, and site plan approval for Phase 2 was granted, and (4) WHEREAS, on May 3, 2006, Common Council amended Capital Project #445, by adding $50,000 for a feasibility study of Phase 3 of the Cayuga Waterfront Trail (from the Farmers Market to Stewart Park and the Visitors Center), half of which amount was to be derived from a New York State Environmental Protection Fund grant, and $10,000 of which amount was to be derived from non-City funds to be raised by the Cayuga Trails Initiative, and (5) WHEREAS, on November 1, 2006, Common Council re-approved Phase 2 of the Trail, added $480,000 to Capital Project #445, and authorized the Mayor to execute all necessary agreements or requests for federal funds for the project (through a SAFETEA-LU member item) and to provide for its administration and the funding of the local share (with the understanding that the apportionment of the costs for this portion of the project would be roughly 80% federal and 20% local), and (6) WHEREAS, on June 6, 2007, Common Council again approved the Project, now including Phase 3, subject to environmental review (of that phase), added $720,000 to Capital Project #445 to cover the combined cost of the three phases, and authorized the Mayor to execute all necessary agreements or requests for federal funds for the project and to provide for its administration and the funding of the local share (with the understanding that the apportionment of the costs for this portion of the project will be roughly 80% federal and 20% local), and (8) WHEREAS, as part of the 2007 project agreement, the New York State Department of Transportation combined Phase 2 and Phase 3 of the trail into one Project Agreement (PIN 395024) for administrative purposes, and (12) WHEREAS, on May 9, 2009, Common Council passed a resolution approving a Supplemental Agreement for the Trail, amending the administration and management of the project so that the New York State Department of Transportation would be responsible for the Right-of-Way acquisition for Phase 2 of the Cayuga Waterfront Trail, and (13) WHEREAS, the City of Ithaca Planning & Development Board, acting as lead agent for environmental review of Phase 3 of the Trail, voted on July 28, 2009, to determine that Phase 3 of the project would have no significant impact on the environment and that a Negative Declaration be filed in accordance with the State Environmental Quality Review Act and the City’s Environmental Quality Review Ordinance, and (14) WHEREAS, as part of the 2010 City Capital Budget, Common Council approved additional funding for Capital Project #445 in the amount of $215,000, with the intent that it would be a match for additional federal funding being sought at that time, and (15) WHEREAS, the Project has become eligible for this additional 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 80% Federal funds and 20% non-federal funds, in the amount of $857,000 in federal funds and $214,000 in City funds, and (16) WHEREAS, the City of Ithaca desires to advance the remaining phases of the Cayuga Waterfront Trail project (i.e., Phases 2 and 3), with this additional funding; now, therefore, be it (1) RESOLVED, That the Common Council hereby re-approves of the above-subject Project, and be it further (2) 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 Design, Right-of-Way, Construction, Construction Inspection and Supervision work for the Project or portions thereof, and it is further (3) RESOLVED, That in addition to the abovementioned authorizations, the sum of $857,000 is hereby appropriated from the issuance of serial bonds, to be matched by the 2010 Capital Budget authorization of $215,000, for a total project authorization of $3,633,556.37, and made available to cover the cost of participation in the above phase of the Project, and it is further (4) RESOLVED, That Common Council hereby amends Capital Project #445, Cayuga Waterfront Trail (formerly known as Cass Park trail) in the amount of $857,000, for a total project cost of $3,633,556.37, which represents Phase 1, Phase 2, and Phase 3 of the three-phase project, and it is further (5) 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 (6) RESOLVED, That the Mayor of the City of Ithaca, upon consultation with the City Attorney and other involved staff, be and is hereby authorized to execute a Supplementary Agreement for the Cayuga Waterfront Trail, which Supplementary Agreement will modify the contract end date (now 12/31/15) and the scheduled funding in the above-mentioned amounts, and be it further (7) RESOLVED, That the Mayor be and is hereby authorized to execute all other necessary agreements, 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 Phase 2 or Phase 3 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-eligible Project costs and all other Project costs within the appropriations therefore that are not so eligible, and be it further (8) RESOLVED, That except as explicitly amended in this resolution, Common Council’s previous resolutions concerning the Project, as referenced above, still remain in full force and effect, and be it further (9) RESOLVED, That the City Clerk be and hereby is authorized and directed to file a certified copy of this resolution with the New York State Commissioner of Transportation, by attaching it to any necessary, supplemental agreement in connection with the Project, and be it further (10) RESOLVED, That this resolution shall take effect immediately. 9.3 Department of Public Works - Request for Additional Funding for Water Tank Rehabilitation Project - Resolution WHEREAS, the City of Ithaca has three steel potable water storage tanks located at Maple Avenue, Cornell Street, and Oakwood Lane, and WHEREAS, the Maple Avenue tank was originally constructed in 1911 and the Cornell Street and Oakwood Lane Tanks were constructed in 1936, and WHEREAS, the last complete paint job on each tank was conducted in the late 1990’s, and WHEREAS, each tank is currently not in compliance with Occupational Safety and Health Administration regulations pertaining to worker safety and access, needing safety rails, proper venting, accesses, ladders, etc., and WHEREAS, preliminary project cost estimates were made based on actual recent cost experience for the rehabilitation of the Sheldon Road Tank (a 1936 vintage tank identical to the Cornell Street tank) owned and operated by the Bolton Point Water System, and WHEREAS, a Capital Project request for $825,000 for City of Ithaca water tank rehabilitation was made in 2007, which covered anticipated project costs of $275,000 each for three (3) Steel Tanks, and WHEREAS, in 2007 approximately one third of the initially requested capital improvement funding was approved for said project in the amount of $350,000, and WHEREAS, approximately $75,000 has already been utilized to cover contracted expenses including professional inspection services, professional design services, and for DPW Crews performing site preparation and grading at each location, and WHEREAS, it was anticipated that additional funding above and beyond the planned $825,000 might be necessary once detailed interior tank inspections were performed and all deficiencies and needs for the rehabilitation of all three tanks were known, and WHEREAS, the City of Ithaca contracted with Tank Industry Consultants (TIC) for professional inspection services in August of 2009 to identify specific internal and external structural, surface, safety, and other improvement needs for each tank, and WHEREAS, the City of Ithaca solicited Request for Proposals for professional engineering design and bid services and later contracted for such services with T.G. Miller Engineers & Surveyors, P.C. on May 10, 2010, and WHEREAS, TIC & T.G. Miller revealed several unforeseen improvements vital to the rehabilitation of each tank, including: complete roof replacement, extensive structural repairs to existing support members, additional steel repairs than to those originally anticipated, and mandatory usage of costlier low volatile solid paint technology to meet recent health department regulations, and WHEREAS, staff recommends and it is desirable to enter into a contract for a rehabilitation project on each tank for inclusive surface preparation, repainting, roof replacement, general repairs, and safety updates, and WHEREAS, the City of Ithaca advertised for bids for the City of Ithaca Water Tank Rehabilitation Project on August 12, 2010, and WHEREAS, the City of Ithaca received and opened bids for such work on August 31, 2010, and WHEREAS, the low bidder for the project was R. De Vincentis Construction, Inc. for the base bid of $1,533,950 with alternate add-on costs for roof replacement on the Maple Avenue Tank for $98,000 and the Oakwood Lane Tank for $145,000, and WHEREAS, it is in the professional opinion of the staff of the Water & Sewer Division of Public Works that the City of Ithaca appropriate enough funding so that alternate pricing is included to the base bid to ensure that roofing is replaced on each tank so as to increase the expected lifespan of the structures, and WHEREAS, the total Project Cost is now estimated as follows: Base Bid Construction/Painting of Tanks $1,533,950 Roof Replacement Maple Avenue Tank 98,000 Roof Replacement Oakwood Lane Tank 145,000 Contingency 177,695 Site Work – Oakwood Lane Tank 50,000 $2,004,645 ; now, therefore be it RESOLVED, That the City of Ithaca Common Council hereby authorizes an amendment in the amount not to exceed $1,654,645 to Capital Project #513 Water Storage Tank Rehabilitation giving a total project authorization of $2,004,645, and be it further RESOLVED, That the $1,654,645 amendment will be funded from the issuance of serial bonds. 9.4. An Ordinance to Amend Chapter 316 of the City of Ithaca Municipal Code Entitled “Vehicles and Traffic”, Part 2, to add schedules I-XXXI ORDINANCE 2010- BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows: Section 1. Chapter 346 Entitled “Vehicles and Traffic” of the City of Ithaca Municipal Code is hereby amended to read as follows: Part 2 Schedules NOTE: Ordinance document is large and will be provided electronically to Common Council members and posted on the City’s website. 9.5. Attorney’s Office - Support for Intermunicipal Initiative Regarding Cellular Communications Facilities - Resolution WHEREAS, various municipalities in Tompkins County have received applications for permission to construct cellular communication facilities (including roof-based antennae and towers) within their borders (and, in some cases, on municipal property), and some of these applications have elicited substantial public concern or opposition, and WHEREAS, at the same time, some municipalities have areas where cell coverage is desired but it is substandard or absent, and WHEREAS, to date, each municipality has acted on its own, each with its own local ordinance regarding cell towers, and sometimes seeking expert consultation to evaluate a particular applicant’s need or other assertions, and WHEREAS, recognizing their shared interests and concerns, several municipalities have decided, through the Tompkins County Council of Governments (TCCOG), to explore the possible benefits of a more coordinated approach to the issues surrounding cellular communications, and WHEREAS, the participating municipalities want to learn about the current status of local jurisdiction in this area, and to determine whether some type of coordinated, intermunicipal approach could enhance their ability to focus cell tower siting at the most appropriate and least disruptive locations, and WHEREAS, in addition, some participating municipalities may want outside advice on whether their individual ordinances should be revised and updated, and WHEREAS, in December, 2009, the participating municipalities (nine interested TCCOG members) issued an RFP (Request for Proposals) for legal services to advise them on these issues, and received four qualified responses, and WHEREAS, upon consideration of these proposals and phone interviews with two of the applicants, the law office of Silverberg Zalantis, of Tarrytown, NY, was selected by TCCOG as the preferred vendor for this contract, for a total of $10,250.00, as follows: Presentation (in Ithaca) on “State of the Law” - $750 (flat fee) Collaboration feasibility report - $1,500 (flat fee) Local ordinance template - $3,000 (estimate) Contingency - $5,000 Total to be divided among municipalities - $10,250, and WHEREAS, in addition to the shared services listed above, an individual, participating municipality can decide whether to seek an optional review and brief critique of its own ordinance, for an estimated, additional fee of approximately $500.00 (per municipality), to be arranged directly with Silverberg Zalantis; now therefore be it RESOLVED, That the Common Council of the City of Ithaca recognizes that issues of cellular communications can affect all our residents and visitors, and that the coordinated action of multiple municipalities is a more efficient and effective approach than separate and disconnected efforts, and be it further RESOLVED, That the Common Council hereby approves the City’s participation in this intermunicipal project, in order to enhance the ability of the City (and its neighboring municipalities) to respond to proposals for cellular communications facilities in the most effective manner, and be it further RESOLVED, That the City shall contribute up to $1,500.00 as its share of this contract (with the exact amount of that share to depend upon the total number of municipalities that ultimately agree to share the contract cost), and be it further RESOLVED, That the Mayor be and hereby is authorized to enter into a separate, supplementary contract with Silverberg Zalantis, for the review of the City’s current ordinance regarding telecommunications towers (Chapter 152, Article II, of the City’s Municipal Code), at a additional cost not to exceed $750.00, and be it further RESOLVED, That the total amount to be allocated pursuant to this resolution, namely, up to $2,250.00, be transferred as needed from Account No. A-1990 (Unrestricted Contingency) to Account No. A-1210 5435 (Mayor’s contractual monies) for the purposes set forth above. 9.6 Human Resources – Possible Motion to Enter Into Executive Session to Discuss CSEA Compensation Plan 9.7 City Controller’s Report – Mayor Peterson presentation of proposed 2011 City of Ithaca Budget 10. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE: 10.1 Endorsement of the Neighborhood Pride Grocery Project for Assistance by the Tompkins County Industrial Development Agency - Resolution WHEREAS, Tony and Irene Petito have applied for sales tax exemption and partial mortgage recording tax exemption from the Tompkins County Industrial Development Agency (TCIDA) to assist a proposed project to redevelop the vacant former P&C grocery store plaza located at 210 Hancock Street, Ithaca, NY, and WHEREAS, the approximately $1.8 million project will upgrade the building and site for multiple tenants, and acquire furnishings, fixture and machinery for the anchor Neighborhood Pride store, a 19,000 square foot, full-service grocery store with meat department, fresh produce, deli and outdoor seating, and WHEREAS, by TCIDA policy a retail/commercial project is only eligible for assistance under the following conditions: A. The project is a critical part of a larger, planned development; and B. The project must be endorsed, through a formal resolution, by the appropriate municipal governing body; and C. The project must meet one or more of the following: 1. Is considered a tourism destination facility 2. Is operated by a not-for-profit corporation 3. Will located outside of the State without IDA assistance 4. Is located in a highly distressed area 5. Makes available goods or services not reasonably accessible 6. Preserves or increases permanent jobs, and WHEREAS, Tony and Irene Petito were active participants in the Northside neighborhood planning process which resulted in Common Council adoption of the Northside: Turning the Corner (Northside Neighborhood Plan) in 2003, and WHEREAS, the Northside Neighborhood Plan encourages neighborhood-oriented retail development at existing commercial areas, redevelopment of the P&C Plaza to improve the visual condition of the plaza, including the appearance and functioning of the parking lot, and supported replacement of one block of Lake Avenue with a landscaped pedestrian walkway and an outdoor patio and eatery, and WHEREAS, as the project to redevelop the P&C plaza advances recommendations contained in the Northside Neighborhood Plan, the project is a critical part of a larger, planned development, and WHEREAS, a 2010 community survey of area residents conducted by Cornell Cooperative Extension identified inclusion of a full-service grocery store as the most essential reuse for redevelopment of the vacant P&C grocery store, now, therefore be it RESOLVED, That the Common Council of the City of Ithaca finds that this project will create approximately 24 full-time equivalent permanent jobs, and be it further RESOLVED, the project will establish the only grocery store in the adjoining Northside & Fall Creek neighborhoods, thereby providing essential goods not reasonably accessible to neighborhood residents without use of an automobile, and be it further RESOLVED, That the Common Council for the City of Ithaca hereby endorses the proposed Neighborhood Pride Grocery project at 210 Hancock Street, Ithaca, NY for assistance by the Tompkins County Industrial Development Agency. 10.2 An Ordinance to Amend the City of Ithaca Municipal Code Chapter 280 entitled “Smoking, Outdoor” so as to Prohibit Outdoor Smoking on the Entire Ithaca Commons. Ordinance 2010-____ BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, as follows: Section 1. Section 280-4, Subsection C, of Chapter 280 (entitled “Smoking, Outdoor”) of the Municipal Code of the City of Ithaca is hereby amended to read as follows: [Language proposed to be added is underlined and bold; language proposed to be deleted is stricken.] From CHAPTER 280 (“Smoking, Outdoor”) §280-4. Prohibition of outdoor smoking in certain public places. Smoking shall not be permitted and no person shall smoke in the following outdoor areas, subject to the limited exception for streets open to regular traffic as set forth in Section 280-5, below: … C. In certain other areas, as follows: 1. On a portion any part of the Ithaca Commons, (and within the alleys to the south of it), as follows (as illustrated on the attached map for The Commons dated April 7, 2010, which is on file in the office of the City Clerk): At all times, within the inner portion of Ithaca Commons, which area is intended to encompass all that portion of the a. For the purpose of this section, the Ithaca Commons consists of the entirety of the public right-of-way of the 100 block of North Tioga Street commonly referred to as “Bank Alley” from the centerline lying to the south of the southerly curbline of East Seneca Street, and the entirety of the public right-of-way of the 100 and 200 blocks of East State/Martin Luther King Street northerly for a distance of 203 feet; and all that portion of the right-of way of East State/Martin Luther King Street easterly from the centerline of North Tioga Street for a distance of 188 feet; and all that portion of the right-of-way of East State/Martin Luther King Street westerly from the centerline of North Tioga Street for a distance of 425 feet, lying between the westerly curbline of Cayuga Street, and the easterly curbline of Aurora Street; b. Smoking is also prohibited, within the so-called Home Dairy Alley (running south from the Commons) and its southerly extension beneath the Green Street Parking Garage (to the northerly curbline of East Green Street), and within that part of the City-owned portion of the alley between the Green Street Parking Garage and the property to the north commonly referred to as “Center Ithaca” that is west of the easterly stairway located in said alley. [NOTE: On the Commons, the northerly boundary of the smoke-free area coincides with the property line between the Tompkins County Trust Company and M&T bank buildings; the westerly boundary is at the most westerly edge of the low concrete wall enclosing the chess-table area; and the easterly boundary is at the most easterly edge of the large concrete planter located to the east of the playground area.] Section 2. Effective Date. This ordinance shall take effect upon publication of notice as provided in the Ithaca City Charter. Section 3. Severability. If any clause, sentence, paragraph, section, Article or part of this ordinance, now or through supplementation or amendment in the future, shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section, Article or part thereof directly involved in the controversy in which such judgment shall have been rendered. 13. INDIVIDUAL MEMBER – FILED RESOLUTIONS: 13.1 Mayor Peterson – Resources for Tompkins County Council of Governments – Resolution WHEREAS, the City of Ithaca is a member of the Tompkins County Council of Governments (TCCOG), and WHEREAS, Tompkins County hosts the monthly meetings in its facilities, provides administrative services to TCCOG, and maintains the TCCOG website, and WHEREAS, occasions arise whereby additional funds are needed to support the work of TCCOG, such as printed materials or room rentals, and either the County has covered the cost or requests from the municipalities are made in order to recover costs, and WHEREAS, TCCOG passed a resolution requesting that each municipality remit $250 toward such needs, now therefore be it RESOLVED, That the City of Ithaca pay $250 to the County for TCCOG support services, derived from an appropriate account selected by the City Controller.