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Home My WebLink AboutMN-CC-1996-12-17December 17, 1996 COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Special Meeting 7:30 P.M. December 17, 1996 PRESENT: Acting Mayor - Thorpe Alderpersons (9) - Shenk, Mackesey, Sams, Efroymson, Johnson, Blumenthal, Hanna, Marcham, Gray OTHERS PRESENT: City Clerk - Conley Holcomb Building Commissioner - Eckstrom Fire Chief - Wilbur Deputy Fire Chief - Dorman Acting Police Chief - Barnes Superintendent of Public Works - Gray Deputy City Clerk - Kaupe City Planner - Meigs EXCUSED: Mayor Cohen SPECIAL ORDER OF BUSINESS: City Clerk Holcomb read Mayor Cohen's 1997 Budget Veto Message into the record as follows: "When I submitted my budget on November 1, the proposal was based on the needs and priorities of our community and was not designed to set up a confrontation between the Mayor and Council. I put together a balanced approach to begin addressing the City's structural deficit. In doing so, I recognized the public's inability to continually absorb tax increases, and the overwhelming proportion of the budget that funds personnel costs. I addressed the two 1997 budget priorities of Common Council; drug prevention and economic development. Common Council ultimately passed a budget that it felt was a compromise with my proposal. While I believe in compromises, I do not believe in compromising on basic principles. My vetos are based on that philosophy and the parameters of the tax rate that has now been established. There were a number of items I originally proposed that would lead to improvements in the way we do business. But I realize that by vetoing all 35 of Council's changes, I not only dilute the most important items; I also create a more confrontational dynamic between the Mayor and Council. I am only vetoing 4 items. The basic principles of my budget proposal were the same as Council's priorities, drug prevention and economic development. I am vetoing the major changes Council to the Mayor's budget in the Planning Department, but doing so to conform with an alternative plan jointly developed by the department and myself. Specifically, I am vetoing the addition to the Mayor's budget of the two Planner II positions and the deletion of the Neighborhood and Historic Preservation Planner position. The department's alternative proposal calls for the establishment of a Director of Economic Development within the department, as well as the establishment of a Site Plan Review position and an Economic Development Specialist position. By not vetoing the deletion of the ED Director proposed outside of the department, it frees up monies within the department budget to make and fund the proposed changes. This would bring the focus to economic development that our community desperately needs. On the issue of drug enforcement, I laud Council for funding the two new Drug Investigator positions. On the other hand, the cuts made in the police training budget went too deep, and I am restoring some of those funds. Our police personnel require the December 17, 1996 knowledge and skills necessitated by an ever changing drug trafficking environment. We must also not forget the need to consistently provide communication and diversity training to our officers. The vetoing of the addition of deleted hours for the Deputy City Clerk, a department proposal, will offset the increase of police training funds. Though the Mayor can not propose new initiatives within the context of this budget, I would ask Council to consider the following idea at its January meeting. We should utilize the excess funds freed up in the Building Department by Deputy Commissioner Dieterich's early retirement to fund a part- time Code Inspector position. This would provide full time employment for the Deputy City Clerk and provide at least some temporary relief for a department that has lost a Code Inspector this fall, and now a Deputy. I respect all the work done by members of Council and staff on this budget, and we have all learned from this experience. I also thank members of the public who came forward to advocate their views. I look forward to the Mayor and Council putting these difficult times behind us and working together on improving our community. Vetoes of the following changes made by Common Council to Mayor's budget proposal: *addition of two (2) Planner II positions *deletion of one (1) Neighborhood and Historic Preservation Planner position *deletion of $15,814. to the police training budget *addition of fifteen (15) hours to the Deputy City Clerk position" Extensive discussion followed on the floor regarding the Mayor's absence from this meeting, and the ability of the Acting Mayor to vote on Council actions. City Attorney Geldenhuys stated that it was her interpretation that the Acting Mayor can vote on Council actions as that person does not stop being a Council member while they are acting in the absence of the Mayor. She further explained that as her opinion was simply an interpretation, and there were no New York State cases to reference on this topic, it is possible that any action the Acting Mayor votes on could result with a Court challenge. City Clerk Holcomb asked for clarification on which action could be challenged by the Court, the casting of the vote, or the recording of the vote. City Attorney Geldenhuys responded that the casting of the vote could be challenged. She further noted that a veto override requires a two-thirds (7) affirmative vote. Alderperson Efroymson noted for the record that the police training funds were not reduced, the proposed increase in funding was reduced. Line Item Veto Override of 1997 Budget Addition of Two (2) Planner II Positions By Alderperson Shenk: Seconded by Alderperson Mackesey RESOLVED, That Common Council override the Mayor's veto of the addition of two (2) Planner II positions. Discussion followed on the floor with Alderpersons Shenk, Mackesey, Hanna, Efroymson and Acting Mayor Thorpe speaking in favor of the motion, and Alderperson Marcham, and Johnson speaking in opposition of the motion. A vote on the Resolution resulted as follows: December 17, 1996 Ayes (6) Shenk, Mackesey, Efroymson, Hanna, Gray, Acting Mayor Thorpe Nays (4) Sams, Johnson, Blumenthal, Marcham Motion Fails Line Item Veto Override of 1997 Budget Deletion of One (1) Neighborhood and Historic Preservation Planner Position By Alderperson Shenk: Seconded by Alderperson Mackesey RESOLVED, That Common Council override the Mayor's veto of the deletion of one Neighborhood and Historic Preservation Planner position. Ayes (6) Shenk, Mackesey, Efroymson, Hanna, Gray, Acting Mayor Thorpe Nays (4) Sams, Johnson, Blumenthal, Marcham Motion Fails Line Item Veto Override of 1997 Budget Deletion of $15,814 to the Police Department Training Budget By Alderperson Shenk: Seconded by Alderperson Mackesey RESOLVED, That Common Council override the Mayor's veto of the deletion of $15,814 to the Police Department training budget. Discussion followed on the floor with Alderperson Shenk explaining that the 1997 police training funding level has been significantly increased from the 1996 level. A vote on the Resolution resulted as follows: Ayes (7) Shenk, Mackesey, Efroymson, Marcham, Hanna, Gray, Thorpe Nays (3) Sams, Johnson, Blumenthal Carried Line Item Veto Override of 1997 Budget Addition of 15 hours to the Deputy City Clerk Position By Alderperson Shenk: Seconded by Alderperson Efroymson RESOLVED, That Common Council override the Mayor's veto of the addition of 15 hours to the Deputy City Clerk position. Discussion followed on the floor regarding Clerk's office operations. A vote on the Resolution resulted as follows: Ayes (8) Shenk, Mackesey, Efroymson, Blumenthal, Nays (2) Johnson, Sams Carried As a result of the budget amendments listed above, the total amount of the City of Ithaca's budget for 1997 including all funds is $35,461,361. ADJOURNMENT: On a motion the meeting adjourned at 8:30 p.m. Julie Conley Holcomb, CMC Rochella Thorpe, City Clerk Acting Mayor