HomeMy WebLinkAboutMN-CC-2013-03-06COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 6:00 p.m. March 6, 2013
PRESENT:
Mayor Myrick
Alderpersons (10) Brock, Dotson, Murtagh, Clairborne, McCollister, Fleming, Smith,
Kerslick, Proulx, Mohlenhoff
OTHERS PRESENT:
City Clerk – Conley Holcomb
City Attorney – Lavine
City Controller – Thayer
PLEDGE OF ALLEGIANCE:
Mayor Myrick led all present in the Pledge of Allegiance to the American Flag.
ADDITIONS TO OR DELETIONS FROM THE AGENDA:
City Administration Committee:
Mayor Myrick requested that Item 10.2 entitled “DPW – Water and Sewer Request to
Amend Capital Project for Water Supply Project Construction Phase – Resolution” be
withdrawn, as a voting item, from the agenda.
No Common Council member objected.
Mayor’s Appointments:
Mayor Myrick requested that Vincent Sierra’s name be withdrawn from reappointment to
the Youth Council Advisory Board at this time. He explained that the wrong name had
been put forth for appointment.
No Common Council member objected.
SPECIAL PRESENTATIONS BEFORE COUNCIL:
5.1 Update/Report from Natural Areas Commission – Chair Joe McMahon
Chair McMahon addressed Common Council on the following items from the Natural
Areas Commission (NAC):
• The NAC reviewed the list of designated natural areas in the City.
• “Explore Your Watershed” walks are being planned in the Six Mile Creek natural
area along with tours of the Water Plant.
• The NAC has sought an opinion from the City Attorney’s office regarding
volunteer liability issues.
• A high priority item has been working with DPW staff on the Water Plant
construction.
• The NAC misses having a Board of Public Works (BPW) liaison. The meeting
times for the BPW and NAC conflict so the NAC is considering changing their
meeting date so a BPW liaison could serve in a fuller capacity.
• The NAC would like to see a walkway from Fall Creek to Stewart Park/Waterfront
Trail/Bird Sanctuary as a part of the Lake Street bridge reconstruction project.
They would like more information regarding the options for a right-of-way.
• The NAC would like to see increased hours and a longer season for the Six Mile
Creek Gorge Rangers. An improved communication system and additional
support from the Ithaca Police Department and the Tompkins County Sheriff’s
office will be vital to their success.
• The NAC is currently updating emergency rescue maps
• Issues with off-leash dogs remains a concern in the Wildflower Preserve.
Alderperson Brock questioned what the Natural Areas Commission’s opinion is of
turning the Six Mile Creek Natural Area into a park. Chair McMahon responded that the
NAC is undecided at this point due to the lack of DPW resources to maintain another
park. He noted that legal research needs to be conducted on the deeds to the lands.
March 6, 2013
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PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
Joel Harlan, Town of Newfield, addressed Council regarding activity in the gorges, the
Old Elmira Road project, and activity downtown.
Fay Gougakis, City of Ithaca, addressed Council regarding the comments made by the
Natural Areas Commission about the City’s gorges. She reiterated her desire to have a
public meeting about crime statistics in the City, and voiced her concerns regarding
noise, dust, and poor communication to residents on the Commons in regards to the
Commons renovation project.
John Littlefield, City of Ithaca, addressed Council regarding the NYSAFE Act Resolution
on the agenda. He noted that registering a gun is not an easy process and making it
more difficult for law abiding citizens doesn’t make sense. He stated that attention
should be focused on the people who obtain guns illegally.
PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR:
Mayor Myrick responded to comments made about the lack of communication to
residents on The Commons regarding the upcoming construction project. He explained
that more meetings will be held, and that the recent resident meeting held was intended
to introduce Project Manager, Michael Kuo, and to provide his contact information to
people who were interested.
He further responded that crime rates in the City of Ithaca have been on the decrease
for the past 3 years. He thanked Mr. Littlefield for his comments about the NYSAFE Act,
noting the work being done to keep guns out of the wrong hands.
Alderperson Smith responded to comments made about the NYSAFE Act and the
resolution on the agenda.
Alderperson Murtagh responded to comments about the Commons Redesign project.
He explained that he was unable to attend the first meeting with residents of the
Commons and hopes there will be future meetings scheduled soon to address concerns
that have been raised. He is hopeful that the Outreach Coordinator will be able to reach
out to residents to address their concerns about noise and dust. He also responded to
comments made about the NYSAFE Act and acknowledged the short-comings of the
proposed resolution.
Alderperson Clairborne reported on the opening of the Neighborhood Pride grocery
store on February 20th. He also noted that Dave Richardson of Cornell University
recently retired. Dave was a very active participant in the skill trades consortium and
will be greatly missed. There was a book signing last night for Carl Humphries’
Homelessness an American Tragedy, a collection of poems inspired by his experiences
of homelessness in Ithaca and in other places.
CONSENT AGENDA ITEMS:
City Clerk’s Office:
8.1 Mercato Bar and Kitchen Restaurant Alcohol Permit Request - Resolution
By Alderperson Dotson: Seconded by Alderperson Clairborne
WHEREAS, the City Clerk’s Office has received a request to allow Mercato Bar and
Kitchen Restaurant to utilize certain areas along North Aurora 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
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WHEREAS, Common Council has determined that the use of this public property for
outdoor dining at Mercato Bar and Kitchen 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 2013, Common Council hereby approves a revocable Alcoholic
Beverage Permit for the outdoor sale and consumption of alcohol for Mercato Bar and
Kitchen 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
8.2 Viva Taqueria & Cantina Alcohol Permit Request - Resolution
By Alderperson Dotson: Seconded by Alderperson Clairborne
WHEREAS, in 1998 the City of Ithaca issued a license to the Viva Taqueria & Cantina
Restaurant allowing that restaurant to utilize certain areas along Aurora 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 Viva Taqueria & Cantina 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 2013, Common Council hereby approves a revocable Alcoholic
Beverage Permit for the outdoor sale and consumption of alcohol for the Viva Taqueria &
Cantina 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
8.3 Sahara Restaurant Alcohol Permit Request - Resolution
By Alderperson Dotson: Seconded by Alderperson Clairborne
WHEREAS, the Sahara Restaurant has requested permission to utilize certain areas
along Aurora 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 Sahara Restaurant, including the responsible sale and
consumption of alcohol, is desirable, and
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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 2013, Common Council hereby approves a revocable
Alcoholic Beverage Permit for the outdoor sale and consumption of alcohol for the
Sahara 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
8.4 Mahogany Grill Alcohol Permit Request - Resolution
By Alderperson Dotson: Seconded by Alderperson Clairborne
WHEREAS, the City Clerk has received a request to allow the Mahogany Grill restaurant
to utilize certain areas along Aurora 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 Mahogany Grill 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 2013, Common Council hereby approves a revocable Alcoholic
Beverage Permit for the outdoor sale and consumption of alcohol for the Mahogany Grill
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
City Administration Committee:
8.5 DPW - Amendment to Authorized Personnel Roster – Golf Course Manager
- Resolution
By Alderperson Dotson: Seconded by Alderperson Clairborne
WHEREAS, the Board of Public Works has approved a new management plan for
Newman Golf Course with the goal of increasing usage, increasing revenue, and
reducing costs, and
WHEREAS, that plan supports creation of a Golf Course Manager position and
WHEREAS, Common Council has funded a Golf Course Manager in the 2013 budget
and
WHEREAS, The Golf Course Manager position as defined, is evaluated as appropriate
to be assigned to the Executive Association bargaining unit; now, therefore be it
RESOLVED, That the Personnel Roster of the Department of Public Works is amended
as follows:
Add: One (1) Golf Course Manager (40 hours)
and be it further
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RESOLVED, That the position of Golf Course Manager shall be assigned to the City
Executive Association at salary grade C (Position Grade 5), and be it further
RESOLVED, That for the sole purpose of determining days worked reportable to the
New York State and Local Employees’ Retirement System, the standard workday for
this position shall be established at eight (8) hours per day (forty (40) hours per week),
and be it further
RESOLVED, That funding for said position shall be derived from the existing 2013
authorized budget.
Carried Unanimously
8.6 Department of Planning, Building and Economic Development -Amendment
to Authorized Personnel Roster – Housing Inspector –Resolution
By Alderperson Dotson: Seconded by Alderperson Clairborne
WHEREAS, funding for an additional Housing Inspector position was approved as part
of the 2013 budget, and
WHEREAS, the Department of Planning, Building and Economic Development wishes
to move forward with creating and filling this position, and
WHEREAS, the additional Housing Inspector position is needed to fulfill New York State
mandates for the number of housing inspections performed, now, therefore, be it
RESOLVED, That the Personnel Roster of the Department of Planning, Building and
Economic Development be amended as follows:
Add: One (1) Housing Inspector
and be it further
RESOLVED, That the funding for this position shall be derived from the currently
approved 2013 Building Division of the Department of Planning, Building and Economic
Development budget.
Carried Unanimously
8.7 DPW - Amendment to Authorized Personnel Roster - Director of
Engineering - Resolution
By Alderperson Dotson: Seconded by Alderperson Clairborne
WHEREAS, funding for the Director of Engineering position was approved as part of the
2013 budget; now, therefore, be it
RESOLVED, That the Personnel Roster of the Department of Public Works be
amended as follows:
Add: One (1) Director of Engineering
Delete: One (1) Assistant City Engineer
and be it further
RESOLVED, That the position of Director of Engineering shall be assigned to the
Managerial Compensation Plan at salary grade 4, and be it further
RESOLVED, That for the sole purpose of determining days worked reportable to the
New York State and Local Employees’ Retirement System, the standard workday for
this position shall be established at eight (8) hours per day (forty (40) hours per week),
and be it further
RESOLVED, That funding for said position shall be derived from the existing 2013
authorized budget.
Carried Unanimously
March 6, 2013
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8.8 DPW – Amendment to Authorized Personnel Roster - Temporary Civil
Engineer - Resolution
By Alderperson Dotson: Seconded by Alderperson Clairborne
WHEREAS, the Commons Rehabilitation Project is of significant scope and duration as
to require creation of a project management team dedicated to efficient administration
and management of the project, and
WHEREAS, the current project load and staff levels precludes the DPW Engineering
Division from dedicating adequate personnel to this assignment, and
WHEREAS, the position of temporary Civil Engineer has been authorized by the Civil
Service Commission for the duration of the project, and
WHEREAS, the project budget was structured to include staffing for the services of a
Temporary Civil Engineer to provide construction oversight and inspection, now
therefore be it
RESOLVED, That Common Council hereby recommends the inclusion of a Temporary
Civil Engineer position on the 2013 DPW Engineering roster, and be it further
RESOLVED, That funding for said position shall be contingent only for the duration of
Capital Project #724 – Commons Reconstruction Project authorized funding.
Carried Unanimously
8.9 Controller’s Office – Release Funds from Restricted Contingency for
Software Training and Improvements - Resolution
By Alderperson Dotson: Seconded by Alderperson Clairborne
WHEREAS, as part of the 2013 Authorized City Budget, an amount of $45,000 was
placed in Restricted Contingency to allow for improvements and training to the City’s
financial software MUNIS, and
WHEREAS, the improvements will include the Capital Project Fund Development,
payroll system improvements, various MUNIS training and a general redeployment of
MUNIS to various City staff; and
WHEREAS, the Controller’s Office is currently working with our MUNIS representative
to establish a work plan and timeline for the improvements and training, which will occur
during 2013 and 2014; now, therefore be it
RESOLVED, That Common Council hereby authorizes the transfer of an amount not to
exceed $45,000 from Account A1990 Restricted Contingency to Account A1315-5435
Controller’s Office Contracts for the purpose of said MUNIS software improvements and
training.
Carried Unanimously
GOVERNMENT PERFORMANCE AND ACCOUNTABILITY COMMITTEE:
9.1 A Local Law to Amend §1-1 of City of Ithaca Municipal Code entitled
“Penalties for Offenses”
By Alderperson Mohlenhoff: Seconded by Alderperson Proulx
Local Law – #2013-
BE IT ENACTED BY the Common Council of the City of Ithaca as follows:
Section 1.
Section 1-1 of the City of Ithaca Municipal Code Entitled "Penalties for Offenses" is
hereby amended to read as follows:
§ 1-1. Penalties for offenses.
A. Unless a different penalty is specified, violations of the provisions of this Code
shall be punishable by a fine of not more than $250 or imprisonment for a term of not
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more than 15 days, and not less than $100 or 25 hours of community service. For the
purpose of determining the appropriate fine, each day on which the violation continues
to exist shall be considered a separate offense. In no case shall a term of imprisonment
exceeding 15 days be imposed as a penalty for violations of this Code, no matter how
many days of violation are charged, unless, by separate Code section, the violation has
been classified as a misdemeanor.
B. Notwithstanding the penalty provisions of the preceding subsection or other
penalties specified in subsequent sections of this Code, the penalties for violation of the
Code sections listed below shall be: not more than $40 nor less than $20 for a first
offense at the same property; not more than $60 nor less than $30 for a second offense
at the same property; and not more than $100 nor less than $50 for a third offense at
the same property, if a conviction for such offense occurs within the same twelve-month
period. Each day on which the condition exists may be charged and shall be considered
as a separate offense. [Amended 7-2-2002 by L.L. No. 3-2002]
Code Section
196-5 (Uncollected garbage)
210-35 (Open areas)
210-36C (Accessory structures)
210-38 (Garbage and refuse)
272-4D (Mobile signs)
272-4E (Banners and pennants)
285-5 (Sidewalks)
325-20C(1)(j) (Front yard parking)
325-20D (Front yard parking)
325-23B(1) (Yard maintenance)
C. Notwithstanding any contrary Code provision, appearance tickets may be issued
by the Building Commissioner and/or Commissioner's designee(s) charging violations of
any of the above sections whenever there is probable cause to believe that said
violations have occurred. Any rights to administrative appeals to any board or
commission of the City of Ithaca mentioned in any subsequent section of this Code shall
not apply as a condition precedent to issuing an appearance ticket charging a violation
of any of the above-listed Code sections. Any right to an administrative appeal from a
decision or determination of the Building Commissioner or other city official with regard
to the above Code sections shall apply only in cases in which the city intends to correct
the violation and seek to charge the property owner or other responsible party for the
costs of correction.
D. Violations of any provisions of this code for which the penalty is designated as a
Civil Offense under § 1-1 shall be punishable by a fine not to exceed $250 or 50 hours
of community service.
Section 2.
Severability. If any section, sentence, clause or phrase of this law is held invalid or
unconstitutional by any court of competent jurisdiction, it shall in no way affect the
validity of any remaining portions of this law.
Section 3.
Effective Date. This Local Law shall take effect after it is filed in the office of the
Secretary of State.
Carried Unanimously
March 6, 2013
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9.2 An Ordinance to Amend Chapter 232 entitled “Licensing of Businesses and
Occupations”, Article VI entitled “Taxicabs” Section 232-58, entitled “Application
for driver’s license; investigation and refusal”
By Alderperson Mohlenhoff: Seconded by Alderperson Proulx
ORDINANCE NO. 2013-
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as
follows:
Section 1. Chapter 232 of the City of Ithaca Municipal Code entitled “Licensing of
Businesses and Occupations”, Article VI Entitled “Taxicabs”, Section 232-58, entitled
“Application for driver’s license; investigation and refusal” is hereby amended to read as
follows:
A. Contents.
(1) Every applicant for a taxicab driver's license shall submit a signed and sworn
application upon such forms as shall be required by the Chief of Police, showing
compliance with the requirements hereinabove set forth and such other information as
shall be deemed necessary and reasonable by the Chief of Police in the interest of
safety, health and welfare. Such information that is required by the Chief of Police shall
include but not be limited to a statement giving:
(a) The full name and place of residence of the applicant.
(b) The applicant's date of birth, height, color of eyes and hair and place of birth.
[Amended 8-5-1992 by L.L. No. 3-1992]
(c) Whether or not the applicant is a citizen of the United States.
(d) Places of employment for the previous five years.
(e) Whether the applicant has ever been convicted of a felony or misdemeanor.
(f) Whether the applicant's driver's license has ever been suspended or revoked and, if
so, for what cause.
(g) The chauffeur's license number issued by the state.
(2) Submit a certification of physical examination to be signed by a licensed
Physician, Physician’s Assistant, or Nurse Practitioner.
(3) Such statement shall be signed and sworn to by the applicant and filed with the
Chief of Police.
B. False information; effect and action thereon. Any false statement by the applicant for
a taxicab driver's license shall be cause for refusing the license or revoking the license
after it is issued, and any such false statement shall be promptly reported by the Chief
of Police to the District Attorney.
C. Photographs of drivers. Each applicant for a taxicab driver's license must file with
his/her application two unmounted, unretouched, good-likeness photographs of the
applicant, full face size, two inches by two inches. The face portion shall not be less
than 1 3/4 inches high, with the balance in normal prospective proportion. The
photograph shall be taken within 30 days of the date of the application by means of a
permanent, nonfading process. The applicant shall be hatless in the photograph. A copy
of the photograph shall be filed with the application and another copy attached to the
license to be issued hereunder.
D. Fingerprinting of drivers. The applicant shall submit to fingerprinting by the Police
Department and shall furnish a set of fingerprints to accompany the application which
shall be kept on file as a permanent record.
E. Authorization for investigation. Accompanying each application, the applicant shall
furnish to the Chief of Police, on a form provided by the Chief of Police, a signed
authorization by the applicant permitting any person to divulge and report to the Chief of
Police any matter which might otherwise be confidential, without limitation.
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F. Investigation. After receipt of an application, the Chief of Police shall institute an
investigation of the applicant, including the applicant's driving record, and no license
shall be issued under the provisions of this article until the Chief of Police has indicated,
in writing, approval thereof after such investigation has been completed.
G. Refusal of license. If the results of the investigation are unsatisfactory, in the opinion
of the Chief of Police, the applicant shall be refused a license, subject to the provisions
hereof for hearings.
Section 2. Section 232-69 (A) entitled “Operating Regulations” is hereby amended to
read as follows:
A. Drivers' rules. Every person operating a taxicab for business purposes licensed
pursuant to this article shall:
(1) Nondiscrimination: not refuse or neglect to convey any orderly person upon request
in the City unless previously engaged or unable or forbidden by the provisions hereof so
to do.
(2) Multiple passengers: not carry any other person than the first person employing the
taxicab unless the person first employing the taxicab shall not object to the acceptance
of each additional passenger.
(3) Trip records: keep a written record in ink of all trips on a form approved by the Chief
of Police. Entries on such forms shall be made as each trip is completed.
(4) Lost articles: examine the interior of the vehicle after the termination of each trip for
any articles left or lost in the vehicle and immediately take such property to the desk
officer at the Police Department, in compliance with Article 7-B of the Personal Property
Law.
(5) Accident reports: report all accidents as required by the Vehicle and Traffic Law to
the Police Department. The Chief of Police may require that a taxicab be reinspected
prior to its return to service.
(6) Change of residence: report each change of residence within 10 days after such
change to the Chief of Police.
(7) Smoking or drinking on duty: not smoke while the vehicle is carrying passengers,
unless smoking is permitted by the passenger, and not drink alcoholic beverages during
any tour or shift of duty.
(8) Rate cards for passengers: at all times while on duty have available in the taxicab a
supply of rate cards issued pursuant to this article, which rate cards shall be furnished
to any passenger requesting the same and be displayed in a place designated by the
Chief of Police.
(9) Work schedule: not operate any vehicle:
(a) For longer than 12 hours of any twenty-four-hour period.
(b) For longer than 12 hours in any one tour or shift of duty.
(c) With less than eight hours' relief from duty after working 12 hours of the twenty-four-
hour period preceding the commencement of such relief from duty.
(10) Examination and testing: submit, upon reasonable notice, at the request of the
Chief of Police, to a physical examination during any license year, to be conducted by a
city-appointed physician at City expense, and submit to the taking of a practical test to
demonstrate capacity to operate a taxicab, which test shall be supervised by the Chief
of Police.
(10[1]) Cooperation with police: not conceal any evidence of crime nor voluntarily aid
violators to escape arrest. A driver shall report as soon as possible to the police any
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unlawful act connected with such driver's vehicle or any attempt to use that vehicle to
commit a crime or escape from the scene of a crime.
(11[2]) Receipts to passengers: upon request of a passenger, issue a receipt for fares
paid by the passenger.
(12[3]) Nonpaying passengers: not permit any passengers in a taxicab except a paying-
fare passenger during such time as the taxi is being used for business purposes or is
being made available for the carrying of paying passengers.
(13[4]) Locked doors: not operate a taxicab in which the doors in each compartment
cannot be unlocked from the inside.
Section 3: Severability. If any section, subsection, sentence, clause, phrase or portion
of this ordinance is held to be invalid or unconstitutional by a court of competent
jurisdiction, then that decision shall not affect the validity of the remaining portions of
this ordinance.
Section 5. Effective date. This ordinance shall take effect immediately and in
accordance with law upon publication of notices as provided in the Ithaca City Charter.
Carried Unanimously
9.3 Update from Last Meeting – Chair Mohlenhoff:
Chair Mohlenhoff reported that she would e-mail Common Council members follow-up
information from the staff/Common Council retreat held on February 8, and 9, 2013.
She further reported that Senior Staff would be invited to assist the GPA Committee on
the topic of re-organizing the City’s advisory board/committee structure.
CITY ADMINISTRATION COMMITTEE:
10.1 Authorization for Home Rule Request and Settlement Agreement Regarding
Conversion of Firefighter James Crowley’s Retirement Plan with the State of New
York to the § 384-d Plan - Resolution
By Alderperson Proulx: Seconded by Alderperson Clairborne
WHEREAS, Firefighter James Crowley has served the City as a professional Firefighter
in excess of 20 years; and
WHEREAS, pursuant to New York State Retirement and Social Security Law § 384-d,
the State offered an optional twenty (20) year retirement plan for firefighters who choose
to enroll in said plan, and
WHEREAS, upon commencement of Firefighter Crowley’s employment in March 1989,
the paperwork that enrolled him in a retirement plan was filed with the State in a manner
that did not enroll him in the § 384-d Plan; and
WHEREAS, Conversion of Firefighter Crowley’s retirement plan to the § 384-d Plan
would permit him to retire this year, to the mutual benefit of Firefighter Crowley and the
City; and
WHEREAS, Conversion of Firefighter Crowley’s retirement plan to the § 384-d Plan can
only be achieved via special legislation enacted by the State after issuance of a Home
Rule request by the City; and
WHEREAS, the fiscal implications of said conversion, special legislation, and home rule
request will result in the State billing the City in an amount estimated at $112,000, and
not to exceed $125,000; and
WHEREAS, subject to approval of the Common Council, Firefighter Crowley, the Ithaca
Professional Firefighters Association (IPFFA), and the City have negotiated a mutually-
satisfactory cost-sharing for Firefighter Crowley’s enrollment conversion into the § 384-d
retirement plan, as reflected in a Settlement Agreement dated February 1, 2013, to date
signed by Firefighter Crowley and the IPFFA but not by the City; and
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WHEREAS, said Settlement Agreement specifies that—upon State legislative
enactment effectuating Firefighter Crowley’s retirement conversion—Firefighter Crowley
will relinquish to the City $78,640 in accrued time and will thereafter retire within 60
days of the City sending him notice of the retirement conversion; and
WHEREAS, said Settlement Agreement would therefore leave the City to absorb an
estimated $33,360 of the expense of said conversion; AND
WHEREAS, the Common Council believes that it would be in the best interest of the
City to request the New York State Legislature to adopt such home rule legislation; now,
therefore, be it
RESOLVED, As follows:
1. The Mayor is hereby authorized to execute the Settlement Agreement
dated February 1, 2013, to date signed by Firefighter Crowley and the
IPFFA but not by the City, by which Firefighter Crowley will relinquish to
the City $78,640 in accrued time towards the estimated $112,000 cost of
Firefighter Crowley’s retirement conversion; and
2. The Mayor is hereby authorized to request the New York State Assembly
and New York State Senate to enact legislation to allow Firefighter James
M. Crowley conversion of his Retirement Plan to the § 384-d Plan under
the Retirement and Social Security Law in order to enable Firefighter
Crowley’s prompt retirement this year; and
3. The Mayor or his designee is hereby authorized to execute and to submit
any documentation or related paperwork that may be required to
implement Firefighter Crowley’s retirement conversion to the § 384-d Plan;
and
4. Subject to successful conversion of Firefighter Crowley’s retirement plan
pursuant to State legislative enactment, the Common Council hereby
approves payment by the City Controller to the State of an amount not to
exceed $125,000 from Account A3410-9015; and
5. The City Controller is authorized to make any needed account transfer to
allow for said retirement payment.
Alderperson Mohlenhoff disclosed that her spouse is employed by the Ithaca Fire
Department, but there is no conflict of interest with this Resolution, so she will be voting on
it.
A vote on the Resolution resulted as follows:
Carried Unanimously
10.2 DPW – Water and Sewer - Request for Funding for Water Supply Project
Construction Phase - Resolution
This item was not discussed.
10.3 City Chamberlain - Request to Deny Waiver of Penalty on School Taxes -
Resolution
By Alderperson Proulx: Seconded by Alderperson Kerslick
WHEREAS, the owners of 403 S. Aurora Street did not receive the bill for Ithaca City
School District taxes because the district had not been provided the correct mailing
address, and
WHEREAS, the taxes were returned to the City of Ithaca for collection and enforcement
in January, 2013, and
March 6, 2013
12
WHEREAS, the City after investigation mailed the notice of the unpaid taxes to the
correct mailing address, and
WHEREAS, the owners of the property request a waiver of the interest and penalties
because they did not receive a copy of the tax bill during the penalty free period, and
WHEREAS, the New York State Real Property Tax Law §922 and §1154 state that the
failure to receive the bill does not affect the validity of the taxes, interest and penalties,
and
WHEREAS, New York State Real Property Tax Law §1182 prohibits the City from
waiving penalties due to the Ithaca City School District and
WHEREAS, the State Comptroller’s office has issued opinions that there is no authority
to waive the 5% penalty due to the City; now therefore be it
RESOLVED, The request is hereby denied.
Carried Unanimously
10.4 Authorization to Implement and Fund the First Instance 100% of the Federal
Aid-Eligible Costs and State “Marchiselli” Program-Aid Eligible Costs, of a
Transportation Federal-Aid Project, and Appropriate Funds - Resolution
By Alderperson Proulx: Seconded by Alderperson Kerslick
WHEREAS, a Project for the Floral Avenue Multi-Use Facility, P.I.N. 375463 (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
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 Preliminary Engineering/Design, Right-
of-Way Incidentals, Construction and Construction Inspection; and
WHEREAS, on March 2, 2011, Common Council authorized Capital Project # 770 in the
amount of $92,000 for the preliminary engineering/design and right-of-way phases of
the project, with the understanding that the City share would be $18,400,
WHEREAS, as part of the 2012 City Budget, Common Council approved an additional
$324,000 for the Project, for a total of $416,000, and
WHEREAS, the Board of Public Works, acting as the lead agency, declared on March
26, 2012, that the project would not have a significant negative environmental impact in
accordance with the City Environmental Quality Review Ordinance and the New York
State Environmental Quality Review Act, and
WHEREAS, on March 26, 2012, the Board of Public Works approved plans for the
project, now, therefore, be it
RESOLVED, That the Common Council hereby approves the Floral Ave Multi-Use
Facility project; and be it 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 Preliminary
Engineering/Design, Right-of-Way Incidentals, Construction and Construction
Inspection work for the Project or portions thereof, and be it further
RESOLVED, That the sum of $130,000 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 be it further
RESOLVED, That Common Council hereby amends Capital Project # 770, Floral
Avenue Multi-Use Facility, to include the Project costs of $130,000, for a total capital
project authorization of $546,000, and be it further
March 6, 2013
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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 be it further
RESOLVED, That the Mayor of the City of Ithaca be and is hereby authorized to
execute all 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 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 be it 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 20% of said portion, currently
estimated at $109,200 of the $546,000 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 be it further
RESOLVED, That this Resolution shall take effect immediately.
Carried Unanimously
10.5 2014 Budget Review Process:
Alderperson Proulx reported on the revisions to the 2014 budget process. He distributed
the following information and timeline for the work on the budget:
March 6, 2013
Revising the Budget Process for the 2014 Budget
Adapting the budget process will be an ongoing process that reflects current needs,
available resources, and technology. This outlines a series of next steps to improve the
process for FY 2014.
Current Time Constraints:
• Set schedule for October budget review meetings/hearings by early March
• Mayor to provide direction to Department Heads in early June
• Department heads to provide budgets to Mayor/Controller by August 1
• Mayor to provide budget to Council by October 1
Objectives:
• Council input on budget priorities early in the process
• Increase opportunities for Council and DHs to discuss programmatic
opportunities and resource needs early in the process
• Create a more collaborative development process
• Improve the effectiveness of the Council review and amendment process in
October
• Allocate time to highest impact or highest priority budget items for discussion
Major Proposed Changes:
• Council will recommend budget priorities to the Mayor at start of process; Mayor
will have discretion in how to use priorities in his budget message to DHs
• One CA member to take lead on deeper understanding of a related set of
departments as part of the Council priority-- setting, process; proposed:
o Public Safety (IPD, IFD): J.R. Clairborne
o Infrastructure and Transit (DPW all divisions and TCAT):
Donna Fleming
March 6, 2013
14
o Youth and Community Services (IYB, GIAC, Southside,
HSC): Cynthia Brock
o Planning, Building, Econ Dev’t (TCAD, CSI): Graham
Kerslick
o Gov’t Services: Controller, Clerk, IT, Attorney, HR, Mayor:
Chris Proulx
• Council will not receive detailed DH budget documents during the process
instead they will receive the Mayor’s proposed budget around October 1
• As part of the budget package in October, Council will receive a 2- page
Departmental Budget Executive Narrative from DH, using a Council approved
template, that will also include an opportunity to identify needs not included in
Mayor’s proposed budget
• Council will propose/prioritize potential changes/amendments to the budget at
the outset of its review process
• Discussion sessions will focus on major proposed changes, and alignment with
budget priorities and Strategic Themes, and will include joint presentations by
Programmatic Area
Proposed 2013 calendar:
• 2/27 CA: Discuss process at CA meeting make recommendation to Council
• 3/6: Council reviews and adopts process
• 3/27--5/22 CA: Assigned CA member holds an in-depth discussion session with
DHs for assigned programmatic area. At CA, monthly discussion of priorities,
opportunities, concerns by programmatic area led by assigned CA member—
focus on programmatic overview not a line-by-line discussion; align with strategic
themes. All Council invited if interested
• 3/27--5/22 CA: Schedule monthly discussion of a draft Council budget priorities
document that aligns with outcomes of strategic planning event; all Council
invited if interested
• 5/22 CA: Finalize recommendation of priorities: tax cap, fund balance,
staffing/layoffs, programmatic priorities
• 6/6: Council adoption of budget priorities; directive memo to Mayor
• 6/26--7/24 CA: Draft and finalize a Departmental Budget Executive Narrative
document template to be used by DHs for their discussion at Council (think: IYB
format from last year)
• 9/25 CA: Refine October meeting schedule and review process, if needed
• 10/1: Mayor presents budget to Council at first budget meeting along with DH
executive summaries
• 11/12: Council votes on budget
Proposed October 2013 Schedule:
All meetings 6--9 pm
*Note: the proposed schedule would require Council to amend the Budget Process as
defined in the City Code. This extended schedule was designed to provide Council with
two full weeks to review the Mayor’s proposed budget before we begin deliberations
and does not schedule any meeting for the week of 11/4 due to Council elections that
week.
10/1 Mayor presentation (75 mins)
Council Q&A (75 mins)
Review of Process (15 mins)
10/2 October Council Meeting
Discussion of Resolution on Tax Cap Override (as a safety measure)
10/15 General staff input session (45 mins)
Council discussion of budget priorities vs. Mayor’s proposal and
discussion of potential amendments (90 mins)
Discussion: Gov’t Services (45 mins)
March 6, 2013
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10/22 Discussion: Public Safety (80 mins)
Discussion: Youth and Community Services (80 mins)
Council discussion of potential amendments (20 mins)
10/29 Discussion: Infrastructure and Transit (80 mins)
Discussion: B,P, & ED (80 mins)
Council discussion of potential amendments (20 mins)
10/30 Public Hearing (30 mins)
Discussion: Capital Budget (45 mins)
Council discussion and vote on proposed amendments (100 mins) Council
motion to move budget to 11/12 (5 mins)
11/12 Special Council Meeting
Extra discussion, if needed
Council vote on final Budget
Potential Components for Departmental Budget Executive Narrative
Each DH prepares a 2-page narrative, including:
• Snapshot of Revenues and Expenses
• Discussion of how proposed budget addresses Strategic Themes and Council
Priorities
• Discussion of proposed staffing changes (new/reduced)
• Proposed alternatives to Mayor’s budget (if any)
A question and answer period followed with Common Council members and the City
Controller.
10.6 City Controller’s Report:
City Controller Thayer reported to Common Council on the following items:
• He thanked Common Council for funding the upgrade of the MUNIS
financial software which will improve reporting and the payroll system. Capital
fund information will be added to the system to improve capital project tracking
as well.
• Excellus Blue Cross Blue Shield changed their program platform, so a new three-
tier prescription program is being implemented by a 3rd party provider.
• Liability and workers’ compensation claim activity has been high resulting in
increased premiums for the city.
• 2012 year-end activity will be concluding in the next couple of weeks
• Staff is monitoring the progress of the development of the NYS budget.
• Federal budget cuts have not had a large impact on city operations, but staff
is monitoring the situation.
• 2013 sales tax collection is up 5.8% this quarter but is subject to change. Fuel
prices are fluctuating.
INDIVIDUAL MEMBER – FILED RESOLUTIONS:
14.1 Alderperson Mohlenhoff – Endorsement of the City of Ithaca Strategic
Themes – Resolution
By Alderperson Mohlenhoff: Seconded by Alderperson Proulx
WHEREAS, Common Council adopted Mission, Vision, Values, and Diversity
statements for the City of Ithaca; and
WHEREAS, a strategic plan consisting of the priorities of the City is needed to guide the
budget process and ensure that the Council clearly communicates its priorities to City
staff and the public; and
WHEREAS, Common Council and senior staff conducted strategic planning sessions to
determine the strategic priorities for the City; and
March 6, 2013
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WHEREAS, Common Council and senior staff identified four strategic themes and
desires to adopt these themes as the next component in its strategic plan and use them
as guiding documents in the 2014 budget process; and
WHEREAS, Common Council will use these strategic themes as guidelines for the
creation of a future performance measurement system with key performance indicators;
now therefore, be it
RESOLVED:
That Common Council hereby endorses the Strategic Themes as priorities for the City:
Ithaca is Economically Vital and Fiscally Strong
• Where people can find a range of housing choices that are affordable and
accessible to their work
• Where economic development supports job growth that aligns with the skills a
diverse workforce
• Where strategic expansion of the tax base balances increased density with
neighborhood character
• Where the government pursues sound fiscal stewardship
• Where tourism is promoted as an economic development strategy
• Where the local institutions of higher education are engaged as partners in the
economic development and fiscal health of the City
Ithaca is Healthy and Culturally Thriving
• Where the built environment, the natural environment, and City policies all
promote the thriving of its people, both mentally and physically
• Where the air, water, and soil are clean
• Where physical activity is promoted and accessible for everyone throughout the
lifespan at all levels of ability
• Where our parks and recreational facilities are accessible, maintained, and well
utilized
• Where safe and fresh food is accessible, and affordable
• Where there is investment in intellectual, artistic, and cultural resources
Ithaca is Vibrant at its Core, with Strong Neighborhoods and a Sustainable
Infrastructure
• Where housing, recreation, and transportation choices are located near jobs,
shops, schools, and services.
• Where economic development and increased density at the core supports the
City’s role as the economic and cultural center of Tompkins County
• Where diverse community spaces including but not limited to parks, community
centers, churches, schools, gardens, and natural areas, are preserved and
enhanced in all of our neighborhoods
• Where multi-modal infrastructure supports walking, biking, and transit as
reasonable alternatives to automobiles in order to provide broadest access to
community services and retail options
• Where our neighborhoods comprise a mix of housing choices, livable for
everyone, accessible to all types of people
• Where we plan for and invest in a long term plan of infrastructure renewal
• Where infrastructure improvements contribute to a safe and prepared community
while reducing the City’s liability
• Where we examine and reduce the City’s carbon footprint
Ithaca is a Secure, Inclusive, and Engaged Community
• Where people are proud to live and invest in welcoming, safe, and beautiful
neighborhoods
March 6, 2013
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• Where culture, ethnicity, and race are proudly supported
• Where public safety officers and community members work in partnership
• Where homeowners, renters, and landlords invest in neighborhoods
• Where involvement, collaboration, integration, and partnership between
governments, business, the Ithaca City School District, and all citizens is
encouraged
• Where representation and participation in community decision making and
government boards and committees is diverse and broad-based
• Where multi-modal and accessible communication is used to increase
transparency and accountability in city government
Carried Unanimously
14.2 Resolution on Behalf of Ithaca Common Council in Support of Governor
Andrew M. Cuomo’s Safe & Fair Gun Policy and the New York Secure
Ammunition and Firearms Enforcement Act (NYSAFE) to Mitigate Gun Violence in
Response to the Tragedies in Newtown, CT on December 14, 2012 and in
Webster, NY on December 24, 2012
By Alderperson Smith: Seconded by Alderperson Kerslick
WHEREAS, the United States has the highest rate of gun ownership in the world (88
per 100 people), according to the international Small Arms Survey (Geneva,
Switzerland); and
WHEREAS, gun violence, including mass shootings, in the U.S. far exceeds that of
other industrialized nations: among 23 high-income countries, 80 percent of all firearm
deaths occur in the United States; U.S. firearm homicide rates are 19.5 times higher
than 22 other countries (World Health Organization Mortality Database, analyzed for
UCLA School of Public Health, Los Angeles, California, 2003); and
WHEREAS, 60 percent of homicides in the U.S. occur using a firearm; and
WHEREAS, based on data from the Centers for Disease Control and Prevention,
deaths from firearms in the United States are projected to rise to 33,000 per year by
2015, exceeding deaths from motor vehicle accidents; and
WHEREAS, the United States Supreme Court (most recently, in Heller v. District of
Columbia, 2008) has ruled that the Second Amendment does not limit prohibitions on
the possession of firearms by felons and the mentally ill, penalties for carrying firearms
in schools and government buildings, or laws regulating the sales of guns, and in fact, in
prior decisions, has questioned the applicability of the Second Amendment to state law;
and
WHEREAS, ample legislative precedent throughout the history of the United States has
placed limitations on the receipt, possession, and transportation of firearms; and
WHEREAS, the SAFE Act has provisions that include:
• A further restriction on assault weapons by defining them by a single feature,
such as a pistol grip, as opposed to the current law defining them by two features
• Making the unsafe storage of assault weapons a misdemeanor
• Mandating a police registry of assault weapons
• Establishing a state registry for all private sales, with a background check done
through a licensed dealer for a fee, excluding sales to immediate relatives
• Requiring a therapist who believes a mental health patient made a credible threat
to use a gun illegally to report the threat to a mental health director who would
then have to report serious threats to the state Department of Criminal Justice
Services. A patient’s gun could be taken away from him or her as a result
• Banning the internet sale of assault weapons
• Requiring stores that sell ammunition to register with the state, run background
checks on buyers of bullets and keep an electronic database of bullet sales
March 6, 2013
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• Restricting ammunition magazines to seven bullets, from the current national
standard of 10. Current owners of higher-capacity magazines would have a year
to sell them out of state. Someone caught with eight of more bullets in a
magazine could face a misdemeanor charge
• Requiring that stolen guns be reported within 24 hours. Otherwise, the owner
would face a possible misdemeanor
• Increasing sentences for gun crimes including for taking a gun on school property
• Increasing penalties for shooting first responders, called the “Webster Provision”
• Limiting the state records law to protect handgun owners from being identified
publicly. The provision would allow a handgun permit holder a means to maintain
privacy under the Freedom of Information Law
• Requiring pistol permit holders or those who will be registered as owners of
assault rifles to be recertified at least every five years to make sure they are still
legally able to own the guns
WHEREAS, such laws will not, and should not, prevent the safe and responsible
ownership and use of firearms by the citizens of Ithaca, the State of New York and the
United States of America, for sport, recreation and self-defense purposes; and
WHEREAS, such laws should and will promote and enhance the safety of our children
and their right to grow up and live full and productive lives, free of fear and injury; and
WHEREAS, such legislation is a necessary, but not sufficient, step toward preventing
gun violence, but is a step on the path of leadership towards accomplishing that goal;
and
WHEREAS, the Ithaca Common Council supports those efforts at the local level,
including the work to keep so-called “loose guns” off our streets and maintaining an
open dialogue with residents of the City on local action that can be taken to protect all
residents from gun violence; now, therefore, be it
RESOLVED, the City of Ithaca supports enforcement of the SAFE Act, commends the
governor and New York State legislature for passing this comprehensive legislation, and
urges the Town of Ithaca’s elected representatives at the national level to enact similar
legislation.
Mayor Myrick thanked Alderperson Smith for his work on this issue. Discussion
followed on the floor regarding the intent of the SAFE Act legislation, the fact that it is
still being modified by New York State, and how this legislation may impact the police
department.
Amending Resolution
By Alderperson Clairborne: Seconded by Alderperson Mohlenhoff
RESOLVED, That the Resolved clause be amended to read as follows:
“RESOLVED, the City of Ithaca supports the intention of the New York SAFE Act,
commends the governor and New York State legislature for moving forward on
comprehensive legislation, and urges the City of Ithaca’s elected representatives at the
national level to enact similar legislation.”
Ayes (7) Brock, Clairborne, Murtagh, McCollister, Smith, Kerslick,
Mohlenhoff
Nays (3) Dotson, Proulx, Fleming
Abstentions (0)
Carried
Main Motion as Amended:
A vote on the Main Motion as Amended resulted as follows:
Carried Unanimously
March 6, 2013
19
MAYOR’S APPOINTMENTS:
15.1 Reappointments to Youth Council Advisory Board – Resolution
By Alderperson McCollister: Seconded by Alderperson Kerslick
RESOLVED, That Karen Friedeborn be reappointed to the Youth Council Advisory
Board with a term to expire August 31, 2014, and be it further
RESOLVED, That Travis Brooks be reappointed to the Youth Council Advisory Board
with a term to expire August 31, 2014, and be it further
RESOLVED, That Sean Norman be reappointed to the Youth Council Advisory Board
with a term to expire August 31, 2014.
Planning and Development Board
RESOLVED, That CJ Randall be appointed to the Planning and Development Board to
replace Tessa Rudan with a term to expire December 31, 2015.
Youth Bureau Advisory Board
RESOLVED, That Shannon Terry be appointed to the Youth Bureau Advisory Board to
fill a vacancy with a term to expire December 31, 2015.
Carried Unanimously
REPORTS OF COMMON COUNCIL LIAISONS:
Board of Public Works:
Alderperson Fleming reported that the Board voted for Alternate #3 for the Old Elmira
Road Project Design. As it stands now, property owners are responsible for 100% of the
cost for sidewalks and 50% of the cost for the curb cuts with assessments being refined
and reduced. A Sidewalk Task Force has been created and is starting a review of the
current policy and considering possible recommendations for changes.
Rental Housing Advisory Commission
Alderperson Kerslick reported that the Commission has been hearing from renters that
they are being pressured to sign and/or renew their leases earlier and earlier, so they
are drafting legislation to address this issue.
MINUTES FROM PREVIOUS MEETINGS:
19.1 Approval of the February 6, 2013 Common Council Meeting Minutes and
the February 8-9, 2013 Special Common Council Meeting/Retreat Minutes
Approval of the minutes was deferred until the April 3, 2013 Common Council meeting.
ADJOURNMENT:
On a motion the meeting adjourned at 8:25 p.m.
______________________________ _______________________________
Julie Conley Holcomb, CMC Svante L. Myrick
City Clerk Mayor