HomeMy WebLinkAboutMN-CC-2012-03-07COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 6:00 p.m. March 7, 2012
PRESENT:
Mayor Myrick
Alderpersons (10) Brock, Dotson, Murtagh, Clairborne, McCollister, Fleming, Rooker,
Kerslick, Proulx, Mohlenhoff
OTHERS PRESENT:
City Clerk – Conley Holcomb
City Attorney – Lavine
City Controller – Thayer
Superintendent of Public Works – Gray
Building Commissioner – Radke
Housing and Land Use Supervisor – Leonardi
Information Technology Director - Twardokus
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:
Alderperson Clairborne requested the deletion of Item 10.4 entitled “Finance/Controller’s Office
– Approval of 2010 Single Audit Report – Resolution”
New Business:
Mayor Myrick requested the addition of the following items to the agenda:
13.8 Resolution Supporting a New York State Department of State Local Government
Efficiency Grant Application to Study the Feasibility of Shared Services of Tompkins County and
Local Roads for Cost Savings and Efficiency Measures
13.9 Taste of Thai Alcohol Permit Request - Resolution
Member Filed Resolutions:
Alderperson Dotson requested the addition of Item 14.1 Resolution Regarding Federal
Transportation Funding Priorities.
No Council member objected.
PROCLAMATIONS/AWARDS:
Mayor Myrick proclaimed March 2012, as Red Cross Month in the City of Ithaca. He was
presented with a Red Cross Flag to fly over City Hall.
SPECIAL PRESENTATIONS BEFORE COUNCIL:
Bill Goodman, Town of Ithaca Board Member and Deputy Supervisor, shared the following
updates with Common Council:
A public hearing will be held on proposed changes to the Town’s Conservation Zone related to
timber harvesting and forestry. The Town has experienced problems with the clear cutting of
trees.
The following legislation is scheduled for review in 2012:
• Stream Set-back Legislation.
• Revisions to the Sign Ordinance
• Affordable Housing Ordinance
• Comprehensive Plan Revisions (hoping to complete it this summer)
• Road Preservation Law (to be modeled after the County legislation)
• Black Diamond Trail Improvements (Gateway Trail completion at the
lower section of Sandbank Road to Buttermilk Falls)
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
The following people addressed Common Council to discuss:
• Qadira P. Garger – capitalism and the school system, apprenticeship programs,
Conservation Corps, City planning
March 7, 2012
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• Joel Harlan - vacancies in commercial plazas, increases in gas and rent prices and the
difficulties small businesses are facing.
• Tomo Shibato – the appointment process for city boards and committees
• John Mueller, Cornell University Student Assembly Representative - need to develop
relationships and communication between Cornell students and Common Council
members. They are especially interested in working with the City on a Collegetown Task
Force and housing safety issues.
• Fay Gougakis - the need to ban music and student activity at night on The Commons,
Commons police coverage especially on the weekends, fines for bars who violate the
Noise Ordinance, the increase in crime in the City, and the fact that Common Council
members should have local phone numbers for their constituents to use
PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR:
Mayor Myrick reported that the Family Reading Partnership/Family Read has provided the City
of Ithaca with copies of Charlotte’s Web and he encouraged everyone to support the
partnership’s efforts to provide books to children. He further responded to Neil Oolie's invitation
to attend a meal at Loaves and Fishes, and noted he would be joining them for lunch on
Monday, March 26, 2012.
Alderperson Clairborne made the following announcements/community notes:
• Thursday, March 8th from 6 pm to 8 pm there will be a Southside Neighborhood Meeting
to discuss the City’s Comprehensive Plan at Southside Community Center.
• Saturday, March 10th, the Chet Cashman boxing classic event will be held at
3:00 p.m. at the GIAC gym.
• The March 15th “Sister Friend Event” has sold out
• He extended his condolences to the family and friends of Josh Weisman who was killed
in the line of duty as a Fire Fighter in Virginia. Josh grew up in the City of Ithaca and
was highly respected by the emergency responders he worked with both locally and in
Virginia.
• Marine Crpl. Christopher Bordoni, from the City of Ithaca, was critically injured while in
the line duty in Afghanistan. A benefit was recently held at the Eagles Club that raised
$38,000 that will go towards Chris’ medical costs. Alderperson Clairborne encouraged
everyone to show their support to the Bordoni family in which ever way they could.
Alderperson Brock extended her support and warm regards to the Weisman and Bordoni
families during this very difficult time. She further responded to comments regarding vacancies
in commercial plazas, noise on the Commons and the police response.
Alderperson Dotson encouraged everyone to attend the City’s Comprehensive Plan Committee
meetings. She noted that information about the plan and ways to provide input can be found on
the City’s website. She further discussed the impacts the City would face as a result of Federal
Transportation Funding reductions that include transits, transportation enhancements, and
Metropolitan Planning Organizations and Tompkins County Transportation Council. She
encouraged everyone to contact their representatives in Congress regarding these concerns.
CONSENT AGENDA ITEMS:
City Administration Committee:
8.1 Human Resources – Request to Approve Holiday Benefit Schedule for Half-Time
Position - Resolution
By Alderperson Rooker: Seconded by Alderperson Mohlenhoff
WHEREAS, the Employee Health and Safety Coordinator has elected to retire from full-time
employment effective February 11, 2012, and
WHEREAS, in recognition of the City’s budget situation, the Human Resources Department has
reduced the position to a half-time position, utilizing existing staff to absorb some of the
position’s responsibilities, and eliminating the provision of other services, and
WHEREAS, a holiday benefit schedule needs to be established for the half-time position
because the half-time position will work a shortened workweek that does not coincide with the
established managerial holiday benefit schedule; now, therefore, be it
RESOLVED, That for each designated managerial holiday, the half-time Employee Health and
Safety Coordinator shall accrue four (4) hours of annual leave to be credited on the date that
each holiday is observed.
Carried Unanimously
March 7, 2012
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8.2 Human Resources - Amendment to Personnel Roster for Decreased Hours –
Resolution
By Alderperson Rooker: Seconded by Alderperson Mohlenhoff
WHEREAS, The Manager of Organizational Development in the Human Resources Department
was called to active duty in 2011 for twelve months and is scheduled to return to her position on
February 27, 2012, and
WHEREAS, in the Manager of Organizational Development’s absence, the Deputy Director of
Human Resources agreed to increase her hours to full-time to assist with the interim staffing
plan, and
WHEREAS, the interim staffing plan had a significant budgetary savings for the City in 2011;
now, therefore, be it
RESOLVED, That Common Council hereby amends the 2012 authorized Personnel Roster for
the Human Resources Department as follows: the workweek of the position of Deputy Director
of Human Resources is hereby decreased from forty (40) hours/week to thirty (30) hours/week
retroactive to February 27, 2012.
Carried Unanimously
GOVERNMENT PERFORMANCE AND ACCOUNTABILITY COMMITTEE:
9.1 Update from Last Committee Meeting - Chair Mohlenhoff
Alderperson Mohlenhoff reported that the final report of the city-wide survey has been released
to the public and is available on the City’s website. Highlights of the report include that
residents are satisfied by the quality of life in the City of Ithaca; however, there is still room for
improvement in our streets and sidewalk programs. The next steps are to set priorities and
move issues to the standing committees for implementation, and to find a way to institutionalize
the survey.
The Common Council Retreat was held on February 25, 2012. The Novack Report was
reviewed and recommendations were prioritized by using a decision making matrix.
The March GPA Committee meeting date has been changed to March 13, 2012 at 6:00 p.m.
CITY ADMINISTRATION COMMITTEE:
10.1 Building Department – Request for Funds to Complete Software Update –
Resolution
By Alderperson Clairborne: Seconded by Alderperson Brock
WHEREAS, the Building Department has developed and implemented a computer software
program since 2007 to automate housing inspections, and
WHEREAS, the software has improved efficiencies, streamlined housing inspections, and
improved revenue, and
WHEREAS, City staff would like to expand this software to include; digitalized records; accounts
receivable automation; building and electrical permits; various forms; inspection records and
property maintenance enforcement, and
WHEREAS, the estimate to provide this software expansion is $13,498, of which $4,000 was
set aside previously, leaving $9,498 to fund, and
WHEREAS, it is expected that once the software expansion is complete and implemented, and
increased revenue generated, that more cost-effective Building Department operations can be
expected; now, therefore be it
RESOLVED, That Common Council hereby transfer an amount not to exceed $9,498 from
account A1990 Unrestricted Contingency to account A3620-5435 Building Department
Contracts for the purposes of said software expansion.
Alderperson Proulx explained that he voted against this item at the committee level because of
the process, not the proposal. He noted that he does not support the use of funds from the
unrestricted contingency/fund balance as he feels that those funds should be reserved for truly
unplanned items.
A vote on the Resolution resulted as follows:
Ayes (9) Dotson, Brock, Clairborne, Murtagh, McCollister, Fleming, Rooker, Kerslick,
Mohlenhoff
Nays (1) Proulx
Carried (9-1)
March 7, 2012
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10.2 DPW – Request to Amend Capital Projects #725 (Replacement of the East Clinton
Street Bridge Project), #726 (Prospect Street Reconstruction), #618 (Prospect Street
Sanitary Sewer Improvement), and #518 (Prospect Street Water Main Improvement)
By Alderperson Clairborne: Seconded by Alderperson Brock
WHEREAS, a Project for Prospect Street Reconstruction and Replacement of the East Clinton
Street Bridge Project P.I.N. 375457 ("the Project") is eligible for funding under Title 23 U.S.
Code, as amended, that calls for the apportionment of the costs to be borne at the ratio of 80%
Federal funds and 20% non-federal funds; and
WHEREAS, Common Council authorized the City of Ithaca to pay in the first instance 100% of
the federal and non-federal share of the cost of Scoping, Preliminary Design, Detailed Design,
and Right-of-Way Incidentals work for the Project or portions thereof; and
WHEREAS, the sum of $494,000 has been appropriated (Capital Project # 725,
$280,000 and Capital Project # 726, $214,000) and were available to cover the cost of
participation in the above phase of the Project; and
WHEREAS, bids were received for Prospect Street Reconstruction and Replacement of the
East Clinton Street Bridge Project on February 13, 2012; and
WHEREAS, FAHS Construction Group submitted the low bid for Prospect Street Reconstruction
and Replacement of the East Clinton Street Bridge Project in the amount of $3,512,333.00 ;and
WHEREAS, the amended project budget is projected to be $5,280,000 comprised of:
• Preliminary Engineering and Detail Design Cost…………………….. $646,000
• ROW Incidental Cost , …………………… ………………………… $28,000
• ROW Acquisition Cost……………………… ……………………… $140,000
• Construction Inspection and Construction Support Cost,…………… $480,000
• Construction Cost....…………………………… …………………… $3,807,000
• Contingency and Short Term Borrowing.……… ………………….. $179,000
Total Project Cost……………………………$5,280,000
WHEREAS, the City of Ithaca Board of Public Works recommends that the Common Council
increase the total project budget authorizations for Prospect Street Reconstruction and
Replacement of the East Clinton Street Bridge Project in the amount of $4,419,000, and
WHEREAS, the cost differences are outlines as follows:
Authorization General
Fund CP
#725
General Fund
CP# 726
Water
CP# 518
(Water
Fund)
Sewer
CP# 618
(Sewer Fund)
Total
Current $280,000 $214,000 $183,500 $183,500 $861,000
Proposed $2,070,000 $2,810,000 $212,000 $188,000 $5,280,000
Increase $1,790,000 $2,596,000 $28,500 $4,500 $4,419,000
now, therefore, be it
RESOLVED, That the City of Ithaca Common Council amends the Capital Project budget
authorizations for the Prospect Street Reconstruction and Replacement of the East Clinton
Street Bridge Project by the sum of $4,419,000 for a total project cost not to exceed $5,280,000,
with the 20% local share, currently estimated at $1,060,000, to be shared as closely to a 15%
/5% State/City split as is funded by New York State under their Marchiselli Program, and be it
further
RESOLVED, That the Superintendent of Public Works be and hereby is authorized to execute
and administer the contract, once the necessary funding is in place, and be it further
RESOLVED, That the funds necessary for the $4,419,000 amendment will be advanced from
the General Fund with later repayment from the issuance of Bonds.
Carried Unanimously
March 7, 2012
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10.3 DPW - Request to Establish Emergency Capital Project for Forest Home Drive
Retaining Wall Failure - Resolution
By Alderperson Clairborne: Seconded by Alderperson Brock
WHEREAS, City DPW Staff have been recently notified of a retaining wall failure on Forest
Home Drive just east from the intersection of the Thurston Avenue Bridge and East Avenue,
and
WHEREAS, City DPW Staff will be investigating the retaining wall failure during the week of
March 5th 2012 to determine the damage and repair costs to the retaining wall, and
WHEREAS, City DPW Staff will need to bring in a design engineer to determine what type of
repair and cost estimates for the wall repair will be needed, and
WHEREAS, this retaining wall failure is determined to be an emergency procurement due to its
unforeseen occurrence and threat to public safety, and the need to repair the retaining wall
immediately, and
WHEREAS, City DPW staff have estimated the retaining wall repair project cost at $400,000;
now, therefore, be it
RESOLVED, That Common Council hereby authorizes the establishment of Capital Project
#778 Forest Home Drive Retaining Wall Repair at a cost not to exceed $400,000 for emergency
repairs to the retaining wall on Forest Home Drive at said location, and be it further
RESOLVED, That the project is hereby deemed an emergency project thereby making the
project not subject to bidding requirements of General Municipal Law, section 103, and be it
further
RESOLVED, That the funds necessary for said retaining wall repair be advanced from the
General Fund with possible later repayment by the issuance of serial bonds, and be it further
RESOLVED, That Common Council hereby directs the Mayor and City Staff to explore all
possible outside funding sources for this emergency repair.
Carried Unanimously
10.4 Finance/Controller’s Office – Approval of 2010 Single Audit Report – Resolution
This item was removed from the agenda.
City Controller’s Report
City Controller Thayer reported to Common Council on the following items:
• 2011 budget deficit was $700,000 which is the largest since 2001, but less than the
$729,000 of fund balance originally dedicated toward the 2011 budget
• $995,000 of fund balance is dedicated to fund the 2012 budget
• 2011 building permit revenue was estimated at $430,000 but actual collected was
$280,000; the 2012 budget projection is $385,000.
• 2011 revenue projections were 1% under the estimated figures; the expenditures met
budget estimations.
• 2012 sales tax collections were budgeted at 1% less than 2011 figures. At this point, a
conservative estimate for 2012 collections is 1.5% higher than the 2011 figures.
• Fuel expenses are increasing which has a positive impact on sales tax collections until
the consumers change their behaviors. 2012 fuel costs were budgeted at a 9% increase
over the 2011 expenses.
• Snow removal budget: 2011 costs = $105,000 in salaries and overtime, 2012 costs are
$25,000 to date.
• The City sold BANS at a .3% interest rate; it is a good time to borrow, but difficult time to
invest.
• Health Insurance Consortium: The results of 2011 spending are not as good as
expected, but the Controller is still optimistic that this initiative will result in savings.
• Excellus is no longer offering the insurance product that the City has, so they will be
moving the City to the Classic Blue program which includes upgrades to the
administration system. This will not result in changes to the benefit package, except for
potential enhancements.
March 7, 2012
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10.6 Attorney’s Office – Proposed Motion to Enter Into Executive Session to Discuss
Settlement of Pending Litigation
By Alderperson McCollister: Seconded by Alderperson Mohlenhoff
RESOLVED, That Common Council enter into Executive Session to discuss settlement of
pending litigation.
Carried Unanimously
Reconvene:
Common Council reconvened into regular session with no formal action taken.
Approval of Proposed Settlement of Ottenschot v. City of Ithaca - Resolution
By Alderperson Proulx: Seconded by Alderperson Mohlenhoff
WHEREAS, the matter of Ottenschot Construction Co., Inc. v. City of Ithaca regards a contract
dispute between the City and a contractor completing sidewalk repairs; and
WHEREAS, Ottenschot Construction Co., Inc. seeks payment in excess of $8,000 for work
allegedly completed; and
WHEREAS, the City seeks to recover payment in the amount of $1,883.92 plus interest for an
over-payment made in that amount; and
WHEREAS, the Supreme Court, Tompkins County (Judge Robert C. Mulvey, presiding),
granted summary judgment in this matter to Ottenschot Construction Co., Inc. in the amount of
$8,299.15 for breach of contract and interest from May 11, 2007 at the rate of 16% per annum;
and
WHEREAS, the Supreme Court, Tompkins County did not grant summary judgment on the
City’s counterclaim, and suggested that the City seek leave to amend the same; and
WHEREAS, the City’s current liability on the resulting judgment is expected to exceed $15,000;
and
WHEREAS, following negotiation between the parties, Ottenschot Construction Co., Inc. has
agreed to settle all disputes between the parties in exchange for a payment of $12,000 by the
City; and
WHEREAS, said settlement will conclude this litigation and this matter, and will preclude any
further claims between the parties arising from any previous acts or omissions of either party;
now, therefore be it
RESOLVED, That Common Council hereby approves the payment of an amount not to exceed
$12,000 from Account A1930-5000 Judgments and Claims in full settlement of all claims
between the parties to said settlement agreement; and be it further
RESOLVED, That the Common Council hereby authorizes the Mayor, upon the advice of the
City Attorney, to execute all agreements and other documents necessary to implement the
settlement referenced herein.
Carried Unanimously
PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE:
There were no items submitted for the agenda.
NEW BUSINESS:
13.1 Sahara Restaurant Alcohol Permit Request - Resolution
By Alderperson Rooker: Seconded by Alderperson McCollister
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
March 7, 2012
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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 2012, 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
13.2 Mercato Bar and Kitchen Alcohol Permit Request - Resolution
By Alderperson Rooker: Seconded by Alderperson McCollister
WHEREAS, the City Clerk’s Office has received a request to allow Mercato Bar and Kitchen 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
WHEREAS, Common Council has determined that the use of this public property for outdoor dining
at Mercato Bar and Kitchen, 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 2012, Common Council hereby approves a revocable Alcoholic
Beverage Permit for the outdoor sale and consumption of alcohol for Mercato Bar and Kitchen 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
13.3 Viva Taqueria & Cantina Alcohol Permit Request - Resolution
By Alderperson Rooker: Seconded by Alderperson McCollister
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 2012, 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
March 7, 2012
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13.4 Sushi O Sake Japanese Restaurant Alcohol Permit Request - Resolution
By Alderperson Rooker: Seconded by Alderperson McCollister
WHEREAS, the Sushi O Sake Japanese 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 Sushi O Sake Japanese 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 2012, Common Council hereby approves a revocable Alcoholic
Beverage Permit for the outdoor sale and consumption of alcohol for the Sushi O Sake
Japanese 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
13.5 Blue Stone Bar & Grill Alcohol Permit Request - Resolution
By Alderperson Rooker: Seconded by Alderperson McCollister
WHEREAS, the City Clerk’s Office has received a request to allow the Blue Stone Bar & Grill 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 Blue Stone Bar & Grill, 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 2012, Common Council hereby approves a revocable Alcoholic
Beverage Permit for the outdoor sale and consumption of alcohol for the Blue Stone Bar & Grill 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
13.6 Simeon’s Alcohol Permit Request - Resolution
By Alderperson Rooker: Seconded by Alderperson McCollister
WHEREAS, since 1987 the City of Ithaca has issued a license to Simeon's Restaurant allowing
that restaurant to utilize certain areas along Aurora Street and on the Ithaca Commons for outdoor
dining, and
WHEREAS, this use of public property has generally been deemed proper and successful, and
WHEREAS, the City of Ithaca wishes to promote diverse uses of the Ithaca Commons, including
outdoor dining, and
March 7, 2012
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WHEREAS, it is Common Council's responsibility to determine whether or not to allow the serving
and consumption of alcohol on the Ithaca Commons, and
WHEREAS, Common Council has determined that the use of this public property for outdoor dining
at Simeon's 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 2012, Common Council hereby approves a revocable Alcoholic
Beverage Permit for the outdoor sale and consumption of alcohol for Simeon's Restaurant that
includes the sale of alcohol in accordance with the terms and conditions set forth in the application
therefore, including minimum Dram Shop coverage in the amount of $1,000,000 and the approval
of an outdoor dining permit.
Carried Unanimously
13.7 Mahogany Bar & Grill Alcohol Permit Request - Resolution
By Alderperson Rooker: Seconded by Alderperson McCollister
WHEREAS, the City Clerk has received a request to allow the Mahogany Bar & 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 Bar & Grill, 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 2012, Common Council hereby approves a revocable Alcoholic
Beverage Permit for the outdoor sale and consumption of alcohol for the Mahogany Bar & Grill 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
13.8 Resolution Supporting a New York State Department of State Local Government
Efficiency Grant Application to Study the Feasibility of Shared Services of Tompkins
County and Local Roads for Cost Savings and Efficiency Measures
By Alderperson Brock: Seconded by Alderperson: Kerslick
WHEREAS, the New York State Department of State has available funds for the 2011-2012
Local Government Efficiency Grant Program, and
WHEREAS, this grant program can assist the City of Ithaca in identifying opportunities to
cooperate with other local governments in the area to reduce the cost of providing services, and
WHEREAS, the cost to maintain local roadways and bridges represents a large share of all
municipal and county budgets and property tax levies, and
WHEREAS, at a time when the cost to maintain highway infrastructure is growing rapidly and
local budgets are tightly constrained, it is increasingly difficult to maintain basic highway
infrastructure at a cost that can be supported by local budgets, and
WHEREAS, the City of Ithaca and the Department of Public Works would benefit from reducing
the cost of adequately repairing and maintaining these roadways, and
WHEREAS, a study to evaluate the County and Local Road System and identify areas where
inter-municipal cooperation, shared services, or redistributions of responsibilities could result in
March 7, 2012
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a more efficient system of providing quality highway services and lower costs for the repair and
maintenance of existing roads, and
WHEREAS, the City of Ithaca, on behalf of its citizens, supports this effort and grant application
for approximately $100,000, with a required local cash match of 10% that shall be allocated
among the participating municipalities; now, therefore, be it
RESOLVED, That the City of Ithaca supports the County and Local Road Local Government
Efficiency Grant Program application, and, be it further
RESOLVED, That the City of Ithaca agrees, if awarded, to participate and assist in all phases of
the County and Local Road Shared Service Local Government Efficiency Grant Study.
Carried Unanimously
13.9 Taste of Thai Alcohol Permit Request - Resolution
By Alderperson Rooker: Seconded by Alderperson McCollister
WHEREAS, the City Clerk has received a request to allow the Taste of Thai Restaurant to utilize
certain areas along the Primary Commons 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 Taste of Thai 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 2012, Common Council hereby approves a revocable Alcoholic
Beverage Permit for the outdoor sale and consumption of alcohol for the Taste of Thai 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
INDIVIDUAL MEMBER – FILED RESOLUTIONS:
14.1 Alderperson Dotson - Resolution Regarding Federal Transportation Funding
Priorities
By Alderperson Dotson: Seconded by Alderperson Brock
WHEREAS the City of Ithaca has been a leader in sustainable transportation activities including
high rates of commuting by foot and transit; prioritization of sidewalk improvements and
maintenance; participation as a funding partner in the award-winning Tompkins Consolidated
Area Transit system; and many other innovative and effective activities that support local
residents' ability to move around the City of Ithaca for job commute and other purposes without
reliance on driving alone, and
WHEREAS, for many decades, large proportions of funding for local and regional transportation
projects has come from federal sources, in many cases 80% or more of project funding, and
WHEREAS, the United States Senate and House of Representatives is currently considering
changes to funding priorities and amounts, particularly including possible reduction of prioritizing
mass transit and pedestrian and bicycle projects, which are centrally important to continuing the
City of Ithaca's transportation priorities, now therefore be it
RESOLVED, That the City of Ithaca expresses support for continuing the following priorities and
practices in federal transportation funding, and stresses the crucial importance of these funding
priorities to the well being and economic vitality of our City and its residents:
- Continued inclusion of significant funding for mass transit as a dedicated part of the gas-tax-
funded Highway Trust Fund,
March 7, 2012
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- Continued significant funding for sidewalks, bike facilities, trails, and other projects currently
included in the federal Transportation Enhancements program, and
- Continued policy and funding support for Metropolitan Planning Organizations for areas under
200,000 population, like Tompkins County and Ithaca, served by the Ithaca-Tompkins County
Transportation Council and be it further
RESOLVED, That a copy of this resolution be forwarded to United States Senators Schumer
and Gillibrand, and United States Representatives Hanna and Hinchey, and President Obama,
who represent the City of Ithaca and surrounding areas at the federal level.
Carried Unanimously
MAYOR’S APPOINTMENTS:
Appointments to Conservation Advisory Council – Resolution
By Alderperson Murtagh: Seconded by Alderperson Mohlenhoff
RESOLVED, That Eva Birk be appointed to the Conservation Advisory Council to fill a vacancy
with a term to expire December 31, 2012, and be it further
RESOLVED, That Yashodhan Gharat be appointed to the Conservation Advisory Council to fill
a vacancy with a term to expire December 31, 2015, and be it further
Appointment to Planning and Development Board – Resolution
RESOLVED, That McKenzie Jones-Rounds be appointed to the Planning and Development
Board to replace John Snyder with a term to expire December 31, 2014, and be it further
Appointments to Public Art Commission – Resolution
RESOLVED, That Jason C. Otero be appointed to the Public Art Commission to replace
Svetla Borovska with a term to expire June 30, 2013, and be it further
RESOLVED, That Jay Potter be appointed to the Public Art Commission to replace John P.
Criscitello with a term to expire June 30, 2014, and be it further
Appointment to Rental Housing Advisory Commission – Resolution
RESOLVED, That Nikki Sayward be appointed to the Rental Housing Advisory Commission to
replace Alma Isabel A. Aldrich with a term to expire December 31, 2014.
Ayes (9) Dotson, Brock, Clairborne, Murtagh, McCollister, Fleming, Rooker,
Mohlenhoff, Proulx
Nays (1) Kerslick
Carried (9-1)
REPORTS OF COMMON COUNCIL LIAISONS:
Ithaca Landmarks Preservation Commission:
Alderperson McCollister reported that the commission has re-instituted the “Adopt a District”
program whereby each commissioner “adopts” a district and then looks out for things happening
within the district. This initiative was originally proposed by former Council member Nancy
Schuler.
Special Joint Sewer Committee:
Alderperson McCollister reported that the Committee has issued a statement on Fracking
Water. The Wastewater Treatment Plant has never accepted fracking water, and will not be
accepting frack water in the future. There was information in the “New York Times” last year
about a facility in Ithaca, New York that accepted the water. That facility was not the jointly
operated Wastewater Treatment Plant.
Government Affairs – Chamber of Commerce:
Alderperson Mohlenhoff reported that the Chamber of Commerce would be hosting a breakfast
on April 16, 2012 from 8:30 a.m. to 9:30 a.m. and she encouraged everyone to attend.
Ithaca Urban Renewal Agency:
Alderperson Proulx reported that there will be a public hearing on March 22, 2012 at 8:30 a.m.
regarding the first round of Community Development Block Grant funding.
Natural Areas Commission:
Alderperson Proulx reported that the Natural Areas Commission was hoping for a new trail in
the Six Mile Creek Natural Area. They’ve also voiced concerns that the part-time Ranger is not
enough to handle violations in the area, especially ones related to illegal dumping, and the
protection of natural resources.
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Board of Public Works:
Alderperson Fleming reported that the BPW has been having a lot of discussion regarding
sidewalks. Transportation Engineer Logue would like to start building sidewalks in areas where
there aren’t any. The areas prioritized by the Board of Public Works are Hancock Street, Route
13, and Cornell Street. She stated that there is a new sidewalk sub-committee working on a
proposal to streamline implementation of a new sidewalk policy.
Recreation Partnership:
Alderperson Kerslick reported that the Recreation Partnership Board has extended an invitation
Council to attend their March 28, 2012 meeting.
Community Police Board:
Alderperson Kerslick reported that the CPB held a special meeting with the Mayor to discuss the
revitalization of the Board. He stated that a special working group that includes Chief Vallely
and PBA President Joly has met to discuss various options, and clarify roles.
Workforce Diversity Committee:
Alderperson Brock reported that the committee is reviewing the Workforce Diversity Plan in an
effort to re-examine and improve the process, as there have been problems with accountability.
She stated that the Committee is working on the creation of a Diversity Report Card and would
like to conduct an orientation for Common Council members.
REPORT OF CITY ATTORNEY:
City Attorney Lavine reported that the City was sued by a member of the Ithaca Police
Department (Wright vs. City of Ithaca) claiming discriminatory promotion practices. He stated
that the City will defend itself in this suit via its insurance carrier.
MINUTES FROM PREVIOUS MEETINGS:
Approval of the February 1, 2012 Regular Common Council Meeting Minutes – Resolution
By Alderperson Kerslick: Seconded by Alderperson Rooker
RESOLVED, That the minutes of the February 1, 2012 Regular Common Council meeting be
approved as corrected.
Carried Unanimously
ADJOURNMENT:
On a motion the meeting adjourned at 8:05 p.m.
______________________________ _______________________________
Julie Conley Holcomb, CMC Svante L. Myrick
City Clerk Mayor