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HomeMy WebLinkAboutMN-CC-1996-02-14COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Continuation of February 7, 1996 Meeting6:30 P.M. February 14, 1996 PRESENT: Mayor Cohen Alderpersons (10) - Marcham, Johnson (arrived at 7:50 p.m.), Gray, Sams, Thorpe, Efroymson, Mackesey (arrived at 7:30 p.m.), Shenk, Hanna ABSENT: Alderperson (1) - Blumenthal OTHERS PRESENT: City Attorney - Geldenhuys Deputy City Clerk - Kaupe Fire Chief - Wilbur Proposed Resolution to Consider Participation of the City of Ithaca in the Lawsuit Brought by New York City Against FCC to Overturn the Social Contract with Time Warner Cable By Alderperson Shenk: Seconded by Alderperson Efroymson WHEREAS, the New York City Department of Information, Technology and Telecommunications has filed a petition for review against the Federal Communication Commission and the United States of America in the United States Court of Appeals for the District of Columbia Circuit, Case No. 96-1027, to review and set aside the Memorandum, Opinion and Order adopted by the Federal Communications Commission, whereby the Commission entered into a Social Contract with Time Warner Cable, and to review and to set aside the order adopted and released by the Commission regarding the Social Contract on December 15, 1995, and WHEREAS, the New York City Department of Information, Technology, and Telecommunications has requested that the City of Ithaca intervene as petitioner in this action, and contribute to the legal costs of the action; now, therefore, be it RESOLVED, That the City of Ithaca shall intervene as petitioner in the aforementioned action, on condition that legal representation for the City of Ithaca be provided by counsel retained by the New York City Department of Information, Technology and Telecommunications, and be it further RESOLVED, That the City of Ithaca agrees to contribute $100.00 towards the legal fees for this action and that this amount shall be transferred from the unrestricted contingency fund. Extensive discussion followed on the floor with City Attorney Geldenhuys answering questions from Council members. A vote on the resolution resulted as follows: Ayes (7) - Marcham, Gray, Sams, Thorpe, Efroymson, Shenk, Hanna Nays (0) Carried 7-0 COMMUNITY ISSUES COMMITTEE: 1996 Budget Directions By Alderperson Sams: Seconded by Alderperson Efroymson WHEREAS, this Common Council has adopted the 1996 City of Ithaca Municipal Budget, and WHEREAS, it will be necessary throughout 1996 and beyond, to exercise great caution in the expenditure of City tax monies and to insure the collection of projected City revenues; now, therefore, be it RESOLVED, That effective January 1, 1996, no position for a City employee that is vacant for any reason on or after said date shall be filled unless and until the position is reviewed and voted on by the Vacancy Review Committee, which Committee shall consist of the Mayor, one representative of the Budget and Administration Committee to be designated by that Committee, and one member of Common Council to be appointed by Common Council, and That the Vacancy Review Committee shall work in conjunction with the Controller, the Personnel Administrator, and the applicable department head in determining whether or not to fill any vacant position, and That the Vacancy Review Committee shall not approve the filling of any vacant position in the City government unless and until the Committee determines either 1) that the filling of a particular position is essential to the proper functioning of the City government and/or essential to the protection of life and safety of the residents of the City, and that such position must be filled immediately; or 2) that the department in which a vacant position exists proposes that the vacant position be filled and that another position(s) be vacated and left vacant, and that the department has the means available to accomplish these actions, and be it further RESOLVED, That the Vacancy Review Committee shall require any and all departments to submit information, plans or proposals regarding the reduction of personnel costs throughout 1996 and in future years, and That the Vacancy Review Committee shall report all of its actions at least once a month to Common Council, and That Common Council shall retain authority and decide any matter that has been, or might be, reviewed and voted on by the Vacancy Review Committee, and That the Vacancy Review Committee shall have the authority to refer any matter subject to its review to the full Common Council for its decision, and That the Vacancy Review Committee shall have authority to adopt such reasonable procedures including but not limited to setting meeting dates and agendas and requiring the submission of documentation relative to any request to fill a vacancy as it deems necessary to carry out its authority under this resolution. Amending Resolution By Alderperson Efroymson: Seconded by Alderperson Hanna RESOLVED, That three paragraphs be added to the first Resolved Clause, after the second paragraph, to read as follows: "The Vacancy Review Committee shall meet following notification by the Personnel Administrator. Withdrawal of items from the Vacancy Review Committee agenda requires the consent of at least two members of that committee. The Chair of the Vacancy Review Committee shall be chosen from among its members at its first meeting." Ayes (7) - Marcham, Gray, Sams, Thorpe, Efroymson, Shenk, Hanna Nays (0) Carried 7-0 Further discussion followed on the floor regarding the set-up of the Vacancy Review Committee. Main Motion as Amended A vote on the Main Motion as Amended resulted as follows: Ayes (7) - Marcham, Gray, Sams, Thorpe, Efroymson, Shenk, Hanna Nays (0) Carried 7-0 The Main Motion as Amended shall read as follows: WHEREAS, this Common Council has adopted the 1996 City of Ithaca Municipal Budget, and WHEREAS, it will be necessary throughout 1996 and beyond, to exercise great caution in the expenditure of City tax monies and to insure the collection of projected City revenues; now, therefore, be it RESOLVED, That effective January 1, 1996, no position for a City employee that is vacant for any reason on or after said date shall be filled unless and until the position is reviewed and voted on by the Vacancy Review Committee, which committee shall consist of the Mayor, one representative of the Budget and Administration Committee to be designated by that Committee, and one member of Common Council to be appointed by Common Council, and That the Vacancy Review Committee shall work in conjunction with the Controller, the Personnel Administrator, and the applicable department head in determining whether or not to fill any vacant position, and The Vacancy Review Committee shall meet following notification by the Personnel Administrator. Withdrawal of items from the Vacancy Review Committee agenda requires the consent of at least two members of that Committee. The Chair of the Vacancy Review Committee shall be chosen from among its members at its first meeting. That the Vacancy Review Committee shall not approve the filling of any vacant position in the City government unless and until the Committee determines either 1) that the filling of a particular position is essential to the proper functioning of the City government and/or essential to the protection of life and safety of the residents of the City, and that such position must be filled immediately; or 2) that the department in which a vacant position exists proposes that the vacant position be filled and that another position(s) be vacated and left vacant, and that the department has the means available to accomplish these actions, and be it further RESOLVED, That the Vacancy Review Committee shall require any and all departments to submit information, plans or proposals regarding the reduction of personnel costs throughout 1996 and in future years, and That the Vacancy Review Committee shall report all of its actions at least once a month to Common Council, and That Common Council shall retain authority and decide any matter that has been, or might be, reviewed and voted on by the Vacancy Review Committee, and That the Vacancy Review Committee shall have the authority to refer any matter subject to its review to the full Common Council for its decision, and That the Vacancy Review Committee shall have authority to adopt such reasonable procedures including but not limited to setting meeting dates and agendas and requiring the submission of documentation relative to any request to fill a vacancy as it deems necessary to carry out its authority under this resolution. Nominations for Members of Council for an At-Large Member to the Vacancy Review Committee Alderperson Hanna nominated and Alderperson Thorpe seconded the nomination of Alderperson Gray as an At-Large-Member to the Vacancy Review Committee. No Council member objected. Budget and Administration Committee Designation of Representative to the Vacancy Review Committee Alderperson Efroymson nominated and Alderperson Shenk seconded the nomination of Alderperson Mackesey as representative from the Budget and Administration Committee to the Vacancy Review Committee. No Budget and Administration Committee member objected. MAYORAL APPOINTMENTS: Conservation Advisory Council Mayor Cohen requested Council approval for the appointments of Daryl Anderson, Guy Gerard, and Jill Brantley, as well as the re- appointments of Dan Hoffman and Martin Violette to the Conservation Advisory Council, all are two year terms. Resolution By Alderperson Shenk: Seconded by Alderperson Gray RESOLVED, That this Council approves the appointment of Daryl Anderson, Guy Gerard and Jill Brantley and the re-appointment of Dan Hoffman and Martin Violette to Conservation Advisory Council for two year terms. Carried Unanimously Rental Housing Advisory Commission Mayor Cohen requested Council approval for the appointments of Sivilay Somchanhmavong, Myra Malkin, Rick Milton, and the reappointment of Jane Schafrik to the Rental Housing Advisory Commission, all are three year terms. Resolution By Alderperson Gray: Seconded by Alderperson Hanna RESOLVED, That this Council approves the appointment of Sivilay Somchanhmavong, Myra Malkin, Rick Milton and the reappointment of Jane Schafrik to the Rental Housing Advisory Commission for three year terms. Carried Unanimously Disability Advisory Council Mayor Cohen requested Council approval for the appointment of Mark Hassan and Bob Newhart for one year terms to the Disability Advisory Council and for Frank Schaefer and Joanne Parke for three year terms. Resolution By Alderperson Thorpe: Seconded by Alderperson Shenk RESOLVED, That this Council approves the appointment of Mark Hassan and Bob Newhart for one year terms to the Disability Advisory Council and for Frank Schaefer and Joanne Parke for three year terms. Carried Unanimously Ithaca Landmarks Preservation Commission Mayor Cohen requested Council approval for the appointment of David Beer to the Ithaca Landmarks Preservation Commission with a three year term. Resolution By Alderperson Sams: Seconded by Alderperson Shenk RESOLVED, That this Council approves the appointment of David Beer to the Ithaca Landmarks Preservation Commission with a three year term. Carried Unanimously Commons Advisory Board Mayor Cohen requested Council approval for appointments of Cece Vargas and Madeline Schuler, and the reappointments of Allison Hogue, Jerry Martins, Joseph Wetmore, and Andrew Gillis to the Commons Advisory Board, all are two year terms. Resolution By Alderperson Efroymson: Seconded by Alderperson Sams RESOLVED, That this Council approves the appointment of Cece Vargas and Madeline Schuler and the reappointments of Allison Hogue, Jerry Martins, Joseph Wetmore, and Andrew Gillis to the Commons Advisory Board, all with two year terms. Carried Unanimously Bicycle Advisory Council Mayor Cohen requested Council approval for the appointment of John Roberts and the reappointment of Ron Chapman to the Bicycle Advisory Council, with three year terms. Resolution By Alderperson Gray: Seconded by Alderperson Efroymson RESOLVED, That this Council approves the appointment of John Roberts and the reappointment of Ron Chapman to the Bicycle Advisory Council, with three year terms. Carried Unanimously Board of Public Works Mayor Cohen requested Council approval for the appointment of Leonardo Vargas and the reappointment of Albert Smith to the Board of Public Works, with three year terms. Resolution By Alderperson Sams: Seconded by Alderperson Efroymson RESOLVED, That this Council approves the appointment of Leonardo Vargas and the reappointment of Albert Smith to the Board of Public Works, with three year terms. Carried Unanimously Community Police Board Mayor Cohen requested Council approval for the appointments of Laberta McGruder and Miriam Lane to the Community Police Board, with three year terms. Resolution By Alderperson Marcham: Seconded by Alderperson Sams RESOLVED, That this Council approves the appointments of Laberta McGruder and Miriam Lane to the Community Police Board, with three year terms. Carried Unanimously Six Mile Creek Advisory Committee Mayor Cohen requested Council approval for the reappointment of Peter Fortunato to the Six Mile Creek Advisory Committee with a three year term. Resolution By Alderperson Hanna: Seconded by Alderperson Gray RESOLVED, That this Council approves the reappointment of Peter Fortunato to the Six Mile Creek Advisory Committee with a three year term. Carried Unanimously Parks Commission Mayor Cohen requested Council approval for the reappointments of JoAnne Cornish-Epps, David Fernandez, and Rick Manning for terms of three years and the appointment of Ahn Look for one year. Resolution By Alderperson Hanna: Seconded by Alderperson Marcham RESOLVED, That this Council approves the reappointments of JoAnne Cornish-Epps, David Fernandez and Rick Manning for three year terms and the appointment of Ahn Look for one year. Carried Unanimously Shade Tree Advisory Committee Mayor Cohen requested Council approval for the reappointments of Marvin Adelman, Monika Roth, and Kathleen Sprague to the Shade Tree Advisory Committee for three year terms. Resolution By Alderperson Hanna: Seconded by Alderperson Sams RESOLVED, That this Council approves the reappointments of Marvin Adelman, Monika Roth, and Kathleen Sprague to the Shade Tree Advisory Committee, with three year terms. Carried Unanimously Advisory Commission on Art and Design for Public Space Mayor Cohen requested Council approval for the appointment of Peter Newell and the reappointment of Richard Driscoll to the Advisory Commission on Art and Design for Public Space, with three year terms. Resolution By Alderperson Sams: Seconded by Alderperson Marcham RESOLVED, That this Council approves the appointment of Peter Newell and the reappointment of Richard Driscoll to the Advisory Commission on Art and Design for Public Space, with three year terms. Carried Unanimously Examining Board of Electricians Mayor Cohen requested Council approval for the reappointment of Thomas Blecher to the Examining Board of Electricians, with a three year term. Resolution By Alderperson Sams: Seconded by Alderperson Hanna RESOLVED, That this Council approves the reappointment of Thomas Blecher to the Examining Board of Electricians, with a three year term. Carried Unanimously Design Review Board Mayor Cohen requested Council approval for the appointment of Ray DiPasquale to the Design Review Board, with a three year term. Resolution By Alderperson Hanna: Seconded by Alderperson Efroymson RESOLVED, That this Council approves the appointment of Ray DiPasquale to the Design Review Board, with a three year term. EXECUTIVE SESSION: By Alderperson Shenk: Seconded by Alderperson Efroymson RESOLVED, That this Council recess to Executive Session at 7:20 p.m. to discuss a personnel item. Carried Unanimously Motion to Continue Meeting By Alderperson Efroymson: Seconded by Alderperson Johnson RESOLVED, That this Common Council meeting be continued on February 28, 1996 to consider the approval of the 1996 CDBG application and the 1996 Abbreviated Consolidated Plan. Carried Unanimously William Kaupe Alan J. Cohen Deputy City Clerk Mayor