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HomeMy WebLinkAboutMN-CC-1999-03-03 1 COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 7:00 P.M. March 3, 1999 PRESENT: Mayor Cohen Alderpersons (10) Shenk, Sams, Blumenthal, Marcham, Hershey Manos, Farrell, Vaughan, Spielholz, Taylor OTHERS PRESENT: City Clerk – Conley Holcomb City Attorney – Geldenhuys City Controller – Cafferillo Deputy Controller – Thayer Building Commissioner – Eckstrom Planning and Development Director – Van Cort Superintendent of Public Works – Gray Police Chief – Basile Fire Chief – Wilbur Assistant Superintendent of Water and Sewer – Fabbroni Human Resources Director – Michell-Nunn Michael Thomas -GIAC PLEDGE OF ALLEGIANCE: Mayor Cohen led all present in the Pledge of Allegiance to the American flag. MINUTES Approval of May 6, 1998 Common Council Meeting By Alderperson Blumenthal: Seconded by Alderperson Marcham RESOLVED, that the Minutes of the May 6, 1998, Common Council meeting be approved as published. Carried Unanimously ADDITIONS TO OR DELETIONS FROM THE AGENDA: Planning and Economic Development Committee Alderperson Blumenthal requested the addition of Item 18.10 - Cayuga Lake Watershed - Resolution. No Council member objected. Executive Session Mayor Cohen requested the addition of an Executive Session to discuss collective bargaining. No Council member objected. SPECIAL ORDER OF BUSINESS: 4.1 Public Hearing Regarding An Ordinance Amending the “Official Zoning Map of the City of Ithaca, New York” of Chapter 325 entitled “Zoning” of the City of Ithaca Municipal Code Resolution to Open Public Hearing By Alderperson Vaughan: Seconded by Alderperson Shenk RESOLVED, That the public hearing regarding an ordinance amending the “Official Zoning Map of the City of Ithaca, New York” of Chapter 325 entitled “Zoning” of the City of Ithaca Municipal Code be declared open. Carried Unanimously March 3, 1999 2 Fay Gougakis, City of Ithaca, addressed Council stating that she did not hear anything about the rezoning ordinance, and would have been interested in knowing about it. Resolution to Close Public Hearing By Alderperson Hershey: Seconded by Alderperson Farrell RESOLVED, That the public hearing regarding an ordinance amending the “Official Zoning Map of the City of Ithaca, New York” of Chapter 325 entitled “Zoning” of the City of Ithaca Municipal Code be declared closed. Carried Unanimously 4.2 Public Hearing Regarding the Adoption of West End Urban Design Plan Resolution to Open Public Hearing By Alderperson Farrell: Seconded by Alderperson Shenk RESOLVED, That the public hearing regarding the adoption of West End Urban Design Plan be declared open. Carried Unanimously Gary Jaynes, City of Ithaca, stated his main concern was to respect public health and safety and provide 24-hour emergency access. Joel Harlan, Town of Dryden, voiced his support for increased business in the West End. Fay Gougakis, City of Ithaca, stated she has not seen the plan, and requested information about the purpose of the hearing. Resolution to Close Public Hearing By Alderperson Hershey: Seconded by Alderperson Shenk RESOLVED, That the public hearing regarding the adoption of West End Urban Design Plan be declared closed. Carried Unanimously 4.3 Public Hearing to Consider Revision to the Site Development Plan Ordinance Resolution to Open Public Hearing By Alderperson Taylor: Seconded by Alderperson Blumenthal RESOLVED, That the public hearing to consider revision to the Site Development Plan Ordinance be declared open. Carried Unanimously No one appeared to address Council. Resolution to Close Public Hearing By Alderperson Vaughan: Seconded by Alderperson Manos RESOLVED, That the public hearing to consider revision to the Site Development Plan Ordinance be declared closed. Carried Unanimously YOUTH AWARD: Alderpersons Manos and Shenk presented the Youth Award to the 5th Graders in Ms. Lesky and Ms. Hatt’s classes in South Hill School for their participation in the Kindergarten Buddy Program. This Program has been running for twelve (12) years, and matches a 5th grade student with a Kindergarten buddy. The buddies meet once a week to read and do projects together. March 3, 1999 3 MAYOR'S APPOINTMENTS: Board of Public Works By Alderperson Hershey: Seconded by Alderperson Manos RESOLVED, That William Korherr be appointed to the Board of Public Works with a term to expire December 31, 2001, and, be it further Board of Zoning Appeals RESOLVED, That Renata Ballard be appointed to the Board of Zoning Appeals with a term to expire December 31, 2000, and, be it further Conservation Advisory Council RESOLVED, That Harry Davis be appointed to the Conservation Advisory Council with a term to expire December 31, 1999, and, be it further RESOLVED, That Michael Culotta be appointed to the Conservation Advisory Council with a term to expire December 31, 2000, and, be it further RESOLVED, That Stephen Komor be appointed to the Conservation Advisory Council with a term to expire December 31, 1999, and, be it further Rental Housing Advisory Commission RESOLVED, That Katherine Alaimo be appointed to the Rental Housing Commission with a term to expire December 31, 2001, and, be it further Ithaca Urban Renewal Agency RESOLVED, That Jill Burlington be appointed to the Ithaca Urban Renewal Agency, and, be it further Disability Advisory Council RESOLVED, That Katie Ferguson be appointed to the Disability Advisory Council with a term to expire June 30, 2001, and, be it further RESOLVED, That Rev. Nancy Lane be appointed to the Disability Advisory Council with a term to expire June 30, 2000, and, be it further Commons Advisory Board RESOLVED, That Kaitlin Addy be appointed to the Commons Advisory Board with a term to expire December 31, ______, and, be it further Parks Commission RESOLVED, That Katie Esmark be appointed to the Parks Commission with a term to expire December 31, 2001, and, be it further Housing Board of Review RESOLVED, That John Barradas be appointed to the Housing Board of Review with a term to expire December 31, 2001. Carried Unanimously PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: Ken Hallett, Ithaca, Owner of the ABC Café - Postering Ordinance Beau Saul, Ithaca Police Department - Creation of Deputy Chief Positions Debra Lawrence, Ithaca Police Department - Reorganization of Ithaca Police Department Tom Sinnegan, Ithaca Police Department – Reorganization of Ithaca Police Department Douglas Wright, President of the PBA – Creation of Deputy Chief positions March 3, 1999 4 Joel Harlan, Town of Dryden – city’s need for Police protection. Andy Navarro, Ithaca Police Department – Creation of Deputy Chief positions Hank Roberts, City of Ithaca, local musician – Postering Ordinance Sue Kittel, CSEA Administration Unit President – Health Insurance Grievances Paul Sayvetz, City of Ithaca – Postering Ordinance Vanessa Fajans-Turner, City of Ithaca, thanked Common Council for recognizing and supporting Girls Hockey at Ithaca High School. Their first season was a great success Fay Gougakis, City of Ithaca - Lake Source Cooling, new Deputy Chief Positions RESPONSE TO THE PUBLIC: Alderperson Spielholz stated she read Ken Hallett’s letter and would like to sit down with him and other members of the music community to work out the problems with the Postering Ordinance. She further responded to comments made about the reorganization of the Ithaca Police Department. Alderperson Shenk noted that there is a strong commitment by Council to fill Staff Officer positions. Alderperson Marcham noted that the Postering Ordinance is not new, the scope has not expanded, but the enforcement is. Alderperson Sams stated that Council did not look for public input regarding the Postering Ordinance, and it is very important to hear what the community has to say. Alderperson Blumenthal wished the Ithaca High School Girls and Boys Hockey Teams good luck this weekend. Mayor Cohen spoke regarding the Ithaca Police Department Deputy Chief positions, and noted that Officers were asked to come to the table earlier to discuss the proposal and refused to do so. COMMUNICATIONS FROM COMMON COUNCIL: Alderperson Sams stated that Sergeant John Curatolo has extended an invitation to all Council members to observe the laser radar equipment used to stop speeding. The time and place will be announced soon. Alderperson Marcham announced the Neighborhood Awards that the Collegetown Neighborhood Council presented for improvements in the appearance and livability in Collegetown and adjacent neighborhoods in the Third and Fourth Wards. Collegetown Bagels received the business award for their patio and historic interior. The award for Rental Housing was given to Bob Sukal and Jim Bilinski for the bright and cheery paintjob that still fits the historic building. The award for an owner-occupied building was given to Amy and Steven Rodgers who are restoring and repairing their home. A special award was given to Chris Anagnost, a Realtor, for his marketing of city property with responsibility, in-depth knowledge, and awareness of neighborhood values. Alderperson Hershey alerted Council to an impending decision in the Board of Public Works regarding the inability of the Fire Department to access Highland Place and Cascadilla Park Road with their larger equipment. On-street parking may have to be removed. Other streets are being reviewed as well. Alderperson Vaughan spoke regarding the Parking Permit signage in parts of the Third and Fourth Wards. There will be a committee meeting in March to collect public input. March 3, 1999 5 COMMUNICATIONS FROM THE MAYOR: Mayor Cohen stated that Shirley Raffensburger, Former Town of Ithaca Supervisor, has passed away and he expressed his deepest sympathy to her family. Mayor Cohen proclaimed Foreign Language Week in the City of Ithaca. Mayor Cohen proclaimed the month of March as Red Cross Month in the City of Ithaca. Mayor Cohen read a letter from the Mayor of Dryden in recognition of the Ithaca Police Department. The Ithaca City Police Department provided the Village of Dryden with Tactical Response assistance on the evening of February 19, 1999. REPORT OF CITY BOARDS, COMMISSIONS AND COMMITTEES: Report of the Board of Public Works: Vice Chair Steve Ehrhardt stated that the Traffic Calming Policy and the Bicycle Plan were endorsed and adopted last Fall. The Board passed a Resolution asking Common Council to investigate the possibility of using T21 Grant monies to fund a temporary engineering position to work on neighborhood traffic calming and bicycle and pedestrian safety issues. The Bicycle Plan implementation outline has been prepared and feedback is due on the first Wednesday in April, and will then be forwarded to the Department of Transportation for approval. There has been no progress on the traffic calming project. The East Spencer, Clinton, and Turner design drawings will be considered in March. The Elmira Road, Albany Street, and West Spencer Street design and an alternative have been prepared, and the Board has requested additional alternatives. A meeting with the new Traffic Sergeant and City Prosecutor staff will be established regarding wording for the Truck Route signs. Report of the City Attorney: City Attorney Geldenhuys updated Council on the following matters: In the People vs. Hall case, regarding an apartment building with no heat or hot water, the landlord was fined and certain steps were implemented to ensure further problems would not ensue. In the People vs. Tidd case, the defendant tried to move a house in the City of Ithaca without obtaining a variance. They have been fined, and have now applied for and obtained the necessary permit. The City of Burlington, Vermont has expressed an interest in visiting Ithaca to discuss housing problems, especially single-family dwellings being converted into student dwellings. Fiber Optic Communications Cable installation has started to take place. Telergy East has been using NYSEG easements to install cable. The City did not receive any prior notice, but the Public Service Commission had granted an order to give permission. The law does not require the City to be given notice. The City is now working on encroachment agreements and trying to make sure that they protect the City’s interests from franchises of telecommunications companies that are operating in the City. Any tree trimming permission related to installation of fiber optic cable was withdrawn. NYSEG continued trimming trees, claiming it was done as part of their regular duties. CONSENT AGENDA ITEMS: 16.1 City Chamberlain - Request to Approve Correction of 1999 City Tax Roll By Alderperson Vaughan: Seconded by Alderperson Hershey WHEREAS, a delinquent charge in the amount of $129.50 was added to the City First Installment tax bill for tax map number 68.-8-9 in error, and March 3, 1999 6 WHEREAS, the delinquent charge should have been added to tax map number 68.-8-6; now, therefore, be it RESOLVED, That the City First Installment tax roll and tax bill for tax map number 68.-8-9 be corrected to reflect the deletion of the delinquent charge in the amount of $129.50, and be it further RESOLVED, That the City Second Installment tax roll and tax bill for tax map number 68.- 8-6 be corrected to reflect the addition of the delinquent charge. Carried Unanimously 16.2 City Chamberlain - Request to Extend County Tax Warrant By Alderperson Vaughan: Seconded by Alderperson Hershey RESOLVED, That the City Chamberlain be authorized to request the County of Tompkins to extend its warrant for collection of the 1999 taxes until May 31, 1999. Carried Unanimously 16.3 City Chamberlain - Request to Extend Tax Redemption Period By Alderperson Vaughan: Seconded by Alderperson Hershey WHEREAS, the property owner of two parcels on Chestnut Street has requested an extension of time for property redemption from the 1994 City Tax sale for the two parcels on Chestnut Street, and WHEREAS, the Budget and Administration Committee has reviewed the request and recommends approval of the extension; now, therefore, be it RESOLVED, That the existing owner be permitted to redeem the properties on Chestnut Street, for the total lien amount outstanding, plus additional interest, penalty and related costs through the date of the redemption. Carried Unanimously 16.4 Youth Bureau - Request to Amend 1999 Personnel Roster and Budget By Alderperson Vaughan: Seconded by Alderperson Hershey WHEREAS, a youth worker in the Youth Bureau's YES Program has requested a reduction in hours from 35 to 18 hours for the period April 26, 1999 to June 6, 1999; and 35 to 28 hours for the period June 7, 1999 to August 28, 1999, and WHEREAS, the Youth Bureau can accommodate the employee without adversely impacting service and by transferring $9,518 within the Youth Bureau Budget accounts to hire temporary help; now, therefore, be it RESOLVED, That based on a request initiated by the employee involved, the 1999 Youth Bureau Personnel Roster is hereby temporarily amended by reducing the full-time position of Youth Worker (YES Program) from 35 hours to 18 hours per week from April 26, 1999 to June 6, 1999 and 28 hours per week from June 7, 1999 to August 28, 1999, and be it further RESOLVED, That an amount not to exceed $9,518 be transferred from account A7310- 5110-1202 Staff Salaries to account A7310-5120-1202 Hourly P/T to accommodate said hour reduction request for the purposes of hiring temporary help for the period April 26, 1999 to June 7, 1999. Carried Unanimously 16.5 Youth Bureau - Request to Amend 1999 Personnel Roster and Budget for Front Office Staff Reorganization By Alderperson Vaughan: Seconded by Alderperson Hershey WHEREAS, the Youth Bureau's front office staff have been overtaxed and strained to effectively perform their functions as a result of increased programs, enrollments, and funders, and March 3, 1999 7 WHEREAS, a recent Administrative Assistant opening in the front office has given an opportunity for staff to examine and review the front office process, and WHEREAS, Youth Department staff, the Mayor and Human Resources are recommending the reorganization of the front office staff by creating a new financial position, hire a seasonal person and provide funds for overtime and seasonal work to most effectively fulfill the front office mission and build diversity at the Youth Bureau; now, therefore, be it RESOLVED, That Common Council hereby amends the 1999 Youth Bureau Authorized Personnel Roster as follows: Add: One (1) Account Clerk-Typist (40 hours) Delete: One (1) Administrative Assistant (40 hours) and, be it further RESOLVED, That the Account Clerk-Typist position be assigned to Grade 2 of the CSEA Administrative Unit at an annual salary of $15,350 with the goal of increasing duties and upgrading the title of this position within nine months, and be it further RESOLVED, That the 1999 Youth Bureau Budget be amended as follows: Increase Appropriation Accounts: A7310-5110-1400 Staff Salaries (44 weeks of Account Clerk- Typist position) $12,939 A7310-5120-1400 Hourly P/T (seasonal help) 16,139 A7310-5125-1400 Overtime (OT for period before hiring new F/T person and training 5,000 Decrease Appropriation Account: A7310-5015-1400 Admin. Salary (deletion of Admin. Assistant) <34,078> and, be it further RESOLVED, That the goals of said reorganization will improve service to the Public and City staff, improve the internal financial and registration system and build staff diversity. Carried Unanimously 16.6 City Attorney - Request Funds for Legal Services By Alderperson Vaughan: Seconded by Alderperson Hershey WHEREAS, an action entitled Plataniotis v. Time Warner Cable Corporation, Thomas Doheny, Gary James Corbett and the City of Ithaca was filed in Tompkins County Supreme Court on or about April 30, 1999, and WHEREAS, a defense to said action, on behalf of the City, has been mounted by the City's insurance carrier, and WHEREAS, the former City Prosecutor, Linda Falkson, Esq., was noticed by the plaintiff for a deposition in this matter, and WHEREAS, the subject of said deposition was directly related to the former City Prosecutor's scope of her employment and duties as an employee of the City of Ithaca, and March 3, 1999 8 WHEREAS, the former City Prosecutor, believing there was a potential conflict of interest between herself and the City related to this matter, hired independent counsel to represent her at the deposition and any further proceedings against her, and WHEREAS, Section 90-61 provides that, where a conflict exists, reasonable attorney's fees and litigation expenses shall be paid by the City to private counsel from time to time during the pendency of a civil action or proceeding; now, therefore, be it RESOLVED, That the City Attorney's office is authorized to pay the amount of one thousand ($1,000) dollars to Raymond M. Schlather, Esq. for legal services provided to Linda Falkson, Esq., former City Prosecutor, for representation in a deposition which took place on January 20, 1999, and be it further RESOLVED, That the sum not to exceed $1,000 shall be transferred from account A1990 (contingency fund) to account A1420-5430 (City Attorney - professional services) to pay Raymond M. Schlather, Esq. for said services. Carried Unanimously 16.7 Common Council - Request from Simeon's for Alcohol Permit and Outdoor Dining Permit By Alderperson Vaughan: Seconded by Alderperson Hershey 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 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 $500,000.00 insurance under the Dram Shop Act; now, therefore be it RESOLVED, For the year 1999, that Common Council hereby approves a revocable license agreement for the outdoor sale and consumption of alcohol between the City and Simeon's 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 $500,000.00 and Commons Advisory Board approval for outdoor dining permits. Carried Unanimously 16.8 IAWWTP - Request Amendment to Engineering Services Agreement By Alderperson Vaughan: Seconded by Alderperson Hershey WHEREAS, the Ithaca Area WWTP-SJS (OWNER) and Stearns & Wheler, LLC (ENGINEER) entered into an Agreement dated January 6, 1999, for professional engineering services in connection with the performance of an engineering study to determine the cost of various improvements to the Ithaca Area Wastewater Treatment Plant in the amount of $53,800, and WHEREAS, said Agreement included a task to be performed by ENGINEER, among others, that required the development of a budgetary project cost estimate for upgrading of March 3, 1999 9 the Ithaca Area Wastewater Treatment Plant to provide tertiary effluent filtration for further reduction of phosphorus discharges by retrofitting one of two existing 60-foot diameter phosphorus stripper tanks with continuous-backwash, up-flow sand filter modules, and WHEREAS, said Agreement also included a task to be performed by ENGINEER, among others, that required the development of recommendations and a budgetary project cost estimate for upgrading of the Ithaca Area Wastewater Treatment Plant to achieve compliance with federal and state regulations pertaining to the on-site storage and use of gaseous chlorine for effluent disinfection and other in-plant uses, and WHEREAS, ENGINEER has submitted a preliminary letter report to OWNER outlining the recommendations and budgetary project cost estimates resulting from the completion of these two tasks in advance of the final report summarizing the results of all tasks included in the Agreement, and WHEREAS, OWNER has reviewed said preliminary report and accepted the recommendations summarized therein, and WHEREAS, OWNER now desires ENGINEER to proceed with preliminary design of the recommended plant modifications; now, therefore, be it RESOLVED, That Common Council hereby amends the original Agreement to include the attached Scope of Engineering Services, Proposed Amendment No. 1, dated February 17, 1999, by an amount not to exceed $160,000 for a revised total Agreement not to exceed $213,800, and be it further RESOLVED, That the increased funds be derived from existing capital reserve funds of the Joint Activity Fund. Carried Unanimously 16.9 Police Department/Prosecutor - Request to Reallocate Software Funds By Alderperson Vaughan: Seconded by Alderperson Hershey WHEREAS, Common Council, in 1997, authorized and funded the purchase of a $9,500 software program to fight domestic violence, and WHEREAS, staff has reviewed the software program and feels other office equipment will better meet the current needs of the City's fight against domestic violence, and WHEREAS, both the Police Department and the City Prosecutor's Office have identified various office equipment at an estimated cost of $9,500 to assist them with the domestic violence program; now, therefore, be it RESOLVED, That Common Council hereby approves the reallocation of $9,500 in Domestic Violence Software costs to be reauthorized to allow the Police Department and City Prosecutor's Office to purchase various office equipment (computers, printers, software, copiers, VCR and fax machines for the use against domestic violence. Carried Unanimously REGULAR AGENDA ITEMS: COMMUNITY ISSUES AGENDA: 17.1 Update on the 1998 Ordinance Entitled “Eviction for Illegal Drug Use and Possession” – Report Alderperson Taylor stated that Linda Gafford, from the Tompkins County District Attorney’s Office, presented a report on the progress of legislation and how the ordinance was working. They concluded it is effective in reducing drug activity in the community, and should be backed-up with Drug Treatment, such as Drug Court. March 3, 1999 10 17.2 Proposed City Graffiti Prevention and Removal Ordinance – Report Alderperson Taylor stated that a draft of the Ordinance would be forwarded to the Community Issues Committee meeting in March, and would be forwarded to Common Council in April. 17.3 Community Police Board – Report Alderperson Taylor stated that the Community Police Board prepared orientation notebooks for all commissioners and new commissioners, and are in the process of hiring a new staff member. Outreach is being done to the community and to the PBA. Commendations of Police Officers will be published in the Ithaca Journal. 17.4 Snow Removal and Ice Control – Report/Possible Discussion Alderperson Taylor stated that the Community Issues Committee requested further information on this issue. Alderperson Marcham asked whether complaints about slippery streets are increasing. Mayor Cohen stated that tallies of specific complaints have not been kept. Council agreed that accident reports would be sufficient. RECESS On a motion Common Council recessed at 8:45 p.m. and reconvened at 9:00 p.m. 18. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE: 18.1 An Ordinance Amending the “Official Zoning Map of the City of Ithaca, New York” of Chapter 325 entitled “Zoning” of the City of Ithaca Municipal Code By Alderperson Blumenthal Seconded by Alderperson Vaughan ORDINANCE NO. 99 -____ BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, New York, as follows: Section 1. The Official Zoning Map of the City of Ithaca, New York of Chapter 325 entitled “Zoning” of the City of Ithaca Municipal Code is hereby amended as follows: The zone district designation for the following tracts of land from P-1 to U-1: The total area of parcels 9.-6-3, 9.-6-4, 9.-6-10, 9.-6-11, together with the common lanes which abut the area encompassed by these tax parcels on the east and west sides. Section 2. Effective Date. This Ordinance shall take effect immediately in accordance with law upon publication of a notice as provided in the Ithaca City Charter. Carried Unanimously 18.2 Transportation Enhancement Program Funding Request West State Street Improvement By Alderperson Blumenthal: Seconded by Alderperson Shenk WHEREAS, the Ithaca-Tompkins County Transportation Council, has issued a call letter providing information about the Transportation Enhancements Program, (TEP), of the Transportation Equity Act for the 21st Century, (TEA-21), and WHEREAS, there are numerous projects in the City of Ithaca which would benefit from TEP funding, and WHEREAS, the TEP is a reimbursement program for which the city must provide a 20% match, either in cash, public or private donations, in-kind contributions of labor or materials, or other federal or state funds, and March 3, 1999 11 WHEREAS, the TEP would provide an opportunity to extend the West State Street Improvements, already scheduled for summer 1999, the entire length of West State Street from North Cayuga to Meadow Streets, and WHEREAS, city staff, in consultation with the Director of the Ithaca-Tompkins County Transportation Council, and the New York State Department of Transportation's regional Transportation Enhancements Coordinator, has recommended that an application for TEP funding be submitted for West State Street Improvements, and WHEREAS, the Planning and Economic Development Committee of Common Council has recommended that the Common Council authorize submission of the grant application; now, therefore, be it RESOLVED, That the Mayor of the City of Ithaca is authorized to submit an application for TEP funding for West State Street Improvements, and, be it further RESOLVED, That authorization to submit the TEP application for the West State Street Improvements shall be contingent on final review and approval of the project budget to be considered at a special meeting of the Common Council to be held just prior to the Planning and Economic Development Committee meeting on Wednesday, March 17th. Alderperson Marcham voiced her concern with the costs of some of these projects. Alderperson Blumenthal stated that the budgets would be better developed by the special Common Council meeting on March 17, 1999. Discussion followed on the floor regarding where the other required 20% of funding would come from. Carried Unanimously 18.3 Transportation Enhancement Program Funding Request Spencer Road Project By Alderperson Blumenthal: Seconded by Alderperson Hershey WHEREAS, the Ithaca-Tompkins County Transportation Council, has issued a call letter providing information about the Transportation Enhancements Program, (TEP), of the Transportation Equity Act for the 21st Century, (TEA-21), and WHEREAS, there are numerous projects in the City of Ithaca which would benefit from TEP funding, and WHEREAS, the TEP is a reimbursement program for which the city must provide a 20% match, either in cash, public or private donations, in-kind contributions of labor or materials, or other federal or state funds, and WHEREAS, Spencer Road abuts a residential neighborhood presently without sidewalks as a neighborhood amenity and safety feature, and WHEREAS, city staff, in consultation with the Director of the Ithaca-Tompkins County Transportation Council, and the New York State Department of Transportation's regional Transportation Enhancements Coordinator, has recommended that an application for TEP funding be submitted for the Spencer Road project, and WHEREAS, the Planning and Economic Development Committee of Common Council has recommended that the Common Council authorize submission of the grant application, and WHEREAS, a meeting with Spencer Road residents shall be held to gauge public support for this project prior to submittal of this application; now, therefore, be it March 3, 1999 12 RESOLVED, That the Mayor of the City of Ithaca is authorized to submit an applications for TEP funding for the Spencer Road project, and, be it further RESOLVED, That authorization to submit the TEP application for the Spencer Road Project shall be contingent on final review and approval of the project budget to be considered at a special meeting of the Common Council to be held just prior to the Planning and Economic Development Committee meeting on Wednesday, March 17, 1999. Discussion followed on the floor regarding the scope of the project. A vote on the Resolution resulted as follows: Carried Unanimously 18.4 Transportation Enhancement Program Funding Request Pedestrian and Bicycle Training/Education Program By Alderperson Blumenthal: Seconded by Alderperson Manos WHEREAS, the Ithaca-Tompkins County Transportation Council, has issued a call letter providing information about the Transportation Enhancements Program, (TEP), of the Transportation Equity Act for the 21st Century, (TEA-21), and WHEREAS, there are numerous projects in the City of Ithaca which would benefit from TEP funding, and WHEREAS, the TEP is a reimbursement program for which the city must provide a 20% match, either in cash, public or private donations, in-kind contributions of labor or materials, or other federal or state funds, and WHEREAS, the Bicycle and Pedestrian Committee and the public have long realized there is a primary need to educate motorists, bicyclists and pedestrians about safety matters related to the roadway manners and rules of the road, and WHEREAS, city staff, in consultation with the Director of the Ithaca-Tompkins County Transportation Council, and the New York State Department of Transportation's regional Transportation Enhancements Coordinator, has recommended that an application for TEP funding be submitted for the development and evaluation of a Multi- Modal Pedestrian, Bicycle, and Motorist Training/Education program, and WHEREAS, the Planning and Economic Development Committee of Common Council has recommended that the Common Council authorize submission of the grant application, and WHEREAS, submittal of the application shall not commit the City of Ithaca to funding an additional permanent staff position to implement a Pedestrian, Bicycle, and Motorist Training/Education program; now, therefore, be it RESOLVED, That the Mayor of the City of Ithaca is authorized to submit an application for TEP funding for the development and evaluation of a Multi-Modal Pedestrian, Bicycle, and Motorist Training/Education program, and, be it further RESOLVED, That authorization to submit the TEP application for the Multi-Modal Pedestrian, Bicycle, and Motorist Training/Education Program shall be contingent on final review and approval of the project budget to be considered at a special meeting of the Common Council to be held just prior to the Planning and Economic Development Committee meeting on Wednesday, March 17, 1999. Alderperson Shenk asked whether the Traffic Calming/Bicycle plan position is eligible for funding, and whether that issue can be added into the Resolution. Historic Planner Leslie Chatterton stated she does not believe that the position is eligible for funding. March 3, 1999 13 A vote on the Resolution resulted as follows: Carried Unanimously 18.5 Transportation Enhancement Program Funding Request Tompkins County Library Site Improvements By Alderperson Blumenthal: Seconded by Alderperson Hershey WHEREAS, the Ithaca-Tompkins County Transportation Council, has issued a call letter providing information about the Transportation Enhancements Program, (TEP), of the Transportation Equity Act for the 21st Century, (TEA-21), and WHEREAS, there are numerous projects in the City of Ithaca which would benefit from TEP funding, and WHEREAS, the TEP is a reimbursement program for which the city must provide a 20% match, either in cash, public or private donations, in-kind contributions of labor or materials, or other federal or state funds, and WHEREAS, the TEP provides an opportunity to include amenities for pedestrians and bicyclists and streetscape amenities for the new Tompkins County Library and strengthen links from South Hill, Six Mile Creek, the library and The Commons, and WHEREAS, city staff, in consultation with the Director of the Ithaca-Tompkins County Transportation Council, and the New York State Department of Transportation's regional Transportation Enhancements Coordinator, has recommended that an application for TEP funding be submitted for the Tompkins County Library site improvements, and WHEREAS, the Planning and Economic Development Committee of Common Council has recommended that the Common Council authorize submission of the grant application; now, therefore, be it RESOLVED, that the Mayor of the City of Ithaca is authorized to submit an applications for TEP funding for the Tompkins County Library site improvements, and be it further RESOLVED, That authorization to submit the TEP application for the Tompkins County Library Site Improvements shall be contingent on final review and approval of the project budget to be considered at a special meeting of the Common Council to be held just prior to the Planning and Economic Development Committee meeting on Wednesday, March 17, 1999. Alderperson Blumenthal stated there would be a walkway along Six Mile Creek, with the possibility of rebuilding the staircase from South Hill to downtown, as well as traffic calming measures. Discussion followed on the floor regarding the walkway along Six Mile Creek, funding for the other projects, and how the City and the County would work together. A vote on the Resolution resulted as follows: Carried Unanimously 18.6 Recommendation Approving Construction of a Playground at “Steamboat Landing” by the Ithaca Farmers’ Market By Alderperson Blumenthal: Seconded by Alderperson Farrell WHEREAS, the Ithaca Farmers’ Market Cooperative, Inc. (IFM) leases portions of tax parcel 23-1-1 (Steamboat Landing) from the City of Ithaca for “direct farmers’ market purposes as a public farmers’ market”, and WHEREAS, the IFM proposes to construct, at their own cost, a playground at the IFM market site, and March 3, 1999 14 WHEREAS, construction of a playground is not a “direct farmers’ market purpose” and therefore requires the lessor’s approval, and WHEREAS, such playground is proposed to be located between the market pavilion and the waterfront, directly behind the IFM office and restroom facilities, and WHEREAS, such playground will consist of a mixed use area containing picnic tables and benches surrounding a playscape that may include plants, boulders, grasses, sand, play berms and more, and WHEREAS, such playground is intended to provide a safe environment for children of all ages to play and will not include any swings or elevated slides, and WHEREAS, such playground will be open to the general public without charge, and WHEREAS, the IFM maintains an insurance policy providing $1 million in liability coverage; now, therefore, be it RESOLVED, That the Common Council hereby deems the proposed playground as an appropriate use of the Farmers’ Market premises and recommends the Board of Public Works authorize the Ithaca Farmers’ Market Cooperative, Inc. to construct a playground at Steamboat Landing (tax parcel 23-1-1) subject to approval of the playground’s design by the Director of Planning and Development prior to construction, and, be it further RESOLVED, That the issue be referred to the Board of Public Works for action. Carried Unanimously 18.7 Agreement with Marina Realty of Ithaca, LLC to Remediate 506 Taughannock Boulevard (tax parcel #43-1-4) By Alderperson Blumenthal: Seconded by Alderperson Vaughan WHEREAS, the City owns the “former Agway” parcel located at 506 Taughannock Boulevard (tax parcel #43-1-4), and WHEREAS, both the 1992 Report of the Inlet Island Land Use Committee and the 1998 Inlet Island Urban Design Plan encourage private sector use of the parcel as part of the redevelopment plans for Inlet Island, and WHEREAS, the City intends to solicit proposals for purchase and redevelopment of the property to a qualified sponsor for a use consistent with the Inlet Island plans, and WHEREAS, analysis of recent soil boring conducted by Geologic NY, Inc. confirms that extensive soil contamination is present on the parcel, and WHEREAS, the City, as owner of the parcel, is a responsible party to remediate environmental contamination on the parcel, even after conveyance of the property, and WHEREAS, MRI has submitted a work-scope plan to the NYS Department of Environmental Conservation (DEC) to remediate environmental contamination at the site to the satisfaction of the DEC and to such level as to obtain a “No Further Action letter,” and WHEREAS, the City was awarded $350,000 in Brownfield Economic Development Initiative (BEDI) grant funds from the U.S. Department of Housing & Urban Development to remediate the nearby Ithaca Boating Center brownfield site, where MRI plans to construct a restaurant, and WHEREAS, there may be a surplus of approximately $100,000 in BEDI funds to clean up the Ithaca Boating Center site if remediation can commence in early March while water levels are low in the Cayuga Inlet and off-season truck hauling rates are available, and March 3, 1999 15 WHEREAS, MRI proposes to undertake remediation of the parcel at the same time in March as they clean up the Ithaca Boating Center site with all remediation costs for both sites that go beyond funding available from the BEDI grant to be borne by MRI, and WHEREAS, in return for undertaking the remediation, MRI seeks: 1. an opportunity to submit a proposal to purchase and redevelop the site in response to an RFP to dispose of the property, and 2. financial reimbursement from the City for all reasonable, documentable, out-of- pocket expenses incurred in remediating the site in the event they do not acquire title to the property; now, therefore, be it RESOLVED, That in exchange for MRI undertaking environmental remediation of the 506 Taughannock Blvd. parcel to DEC’s satisfaction, the City hereby agrees to reimburse MRI for reasonable and documented out-of-pocket expenses incurred to environmentally remediate 506 Taughannock Boulevard in the event MRI does not eventually acquire title to the property, and, be it further RESOLVED, That this guarantee is only binding on the City if MRI bids a purchase price for the parcel equal or greater than their out-of-pocket remediation costs or the City retains the parcel, and, be it further RESOLVED, That the City is under no obligation to convey the property to MRI as a result of these improvements, and, be it further RESOLVED, That the Mayor, upon review by the City Attorney, the Director of Planning & Development and the Chair of the Planning and Economic Development Committee, is authorized to develop and execute appropriate documents to implement this agreement. Discussion followed on the floor regarding the BEDI program, possible uses of the parcel, and the reimbursement to MRI by the City. A vote on the Resolution resulted as follows: Carried Unanimously 18.8 Conveyance of Surplus Portion of Parcel 127-1-1 to the IURA for Disposition – Resolution By Alderperson Blumenthal: Seconded by Alderperson Hershey WHEREAS, the City of Ithaca acquired parcel 127-1-1 as substitute park land for Southwest Park, and WHEREAS, Parcel 127-1-1 contains an additional 3.3 acres of land not needed for the intended purpose as substitute park land, and WHEREAS, the parcel has been subdivided by the Planning and Development Board at their meeting of January 26, 1999, and WHEREAS, the 3.3 acre portion is zoned for more intensive uses (I-1) than the proposed park portion of the parcel (FW-1), and WHEREAS, the sale of the 3.3 acre property helps secure the acquisition of other substitute park lands (SW-2 and SW-3) from an adjoining land owner, and WHEREAS, in previous situations the Ithaca Urban Renewal Agency has actively marketed lots for lease and sale; now, therefore, be it RESOLVED, That the Common Council does hereby declare the 3.3 acre, industrially zoned portion of parcel 127-1-1 as surplus property, and, be it further March 3, 1999 16 RESOLVED, That the Common Council does hereby authorize conveyance of the surplus parcel to the Ithaca Urban Renewal Agency for disposition, and, be it further RESOLVED, That it is the intent of Common Council that subsequent development of this parcel be in accordance with the zoning recommendations of the Southwest Area Land Use Plan (1994) and Addendum (1998), and, be it further RESOLVED, That any net proceeds from the sale of the parcels after expenses incurred by the Ithaca Urban Renewal Agency shall be returned to the City, and, be it further RESOLVED, That the Mayor, upon review by the City Attorney, is hereby authorized to sign any and all instruments necessary for the conveyance of this property to the Ithaca Urban Renewal Agency. Discussion followed on the floor regarding a possible buffer on the land and connections to trails and other parts of the City. A vote on the Resolution resulted as follows: Carried Unanimously 18.9 Authorization of Additional Funds for the Preparation of the Southwest Area Urban Design Guideline Plan By Alderperson Blumenthal: Seconded by Alderperson Vaughan WHEREAS, the Common Council, on August 5, 1998, gave authorization to hire a consultant for $15,000 to prepare design guidelines for the southwest area of the City, and WHEREAS, In January 1999, Trowbridge & Wolf was hired to prepare the Southwest Area Urban Design Guideline Plan, and WHEREAS, the scope of the design guidelines has been expanded and requires additional funding, and WHEREAS, the first additional scope item, to be referred to from here on as Phase One, requires the consultant to develop and digitize a concept plan illustrating schematic street circulation system, building location, parking, and open space, and WHEREAS, the second additional scope item, to be referred to here on as Phase Three, requires the consultant to prepare a set of design guidelines that deal specifically with new development and redevelopment on Route 13 (Elmira Road and Meadow Street) from Clinton Street to the southern boarder of the city on Elmira Road, and WHEREAS, these additional scope items, including expenses, require an additional $6,750.00, and WHEREAS, this additional design contract amount of $6,750.00 will be drawn from the previously allocated $50,000.00 for the purpose of additional GEIS items; now, therefore, be it RESOLVED, That the Mayor is hereby authorized and directed to expand the original scope of the Southwest Area Urban Design Guideline Plan and to increase the consultant’s contract amount by $6,750.00. Carried Unanimously 18.10 Cayuga Lake Watershed Study By Alderperson Blumenthal: Seconded by Alderperson Farrell WHEREAS, the Intermunicipal Organization is being formed to create, modify and implement a watershed management plan to allow counties, town, villages and cities in the watershed to work together for the purpose of accessing dollars, cost savings, cost sharing and efficiency of activities among the municipalities, prioritize water quality issues and; March 3, 1999 17 WHEREAS, the Intermunicipal Organization is made up of municipalities within the watershed to oversee the development of a watershed management plan; and WHEREAS, Common Council acknowledges the importance of water quality and natural resources of the Cayuga Lake Watershed; and WHEREAS, the size of the watershed dictates that cooperation between varied user groups will be essential in protecting this natural resource; now, therefore, be it RESOLVED, That the City of Ithaca will participate in the efforts of the Intermunicipal Organization to: 1) define the structure of the Intermunicipal Organization; 2) promote scientific analysis of the watershed’s resources in order to determine the state of the watershed; 3) develop an education and awareness program to educate local residents and stimulate their interest in protecting the watershed; 4) develop coalitions for cooperation and participation in projects relevant to the protection of the watershed; 5) prioritize water issues within the watershed; and 6) participate in solutions to water quality problems, including possible sources of funding, and, be it further RESOLVED, That Larry Fabbroni is hereby appointed as the delegate to represent the City of Ithaca in the Intermunicipal Organization. Carried Unanimously 19. BUDGET AND ADMINISTRATION COMMITTEE: 19.1 Common Council - Approval to Develop Stewart Park Carousel/Concession Bid By Alderperson Marcham: Seconded by Alderperson Sams WHEREAS, the City purchased the Stewart Park Carousel in late 1998 as a result of an anonymous donation, and WHEREAS, City staff has determined that the best avenue to operate the carousel would be by an outside vendor, and WHEREAS, the Youth Bureau no longer has the resources to operate the Stewart Park Concession; now, therefore, be it RESOLVED, That Common Council hereby directs the Department of Public Works in conjunction with the Controller's Office to bid out the operation of both the Stewart Park carousel and concession stand for the 1999 and 2000 seasons. Amending Resolution: By Alderperson Shenk: Seconded by Alderperson Marcham RESOLVED, That the maximum fee that can be charged for a single ride on the Stewart Park Carousel be $.50. Ayes: (9) Manos, Shenk, Hershey, Farrell, Blumenthal, Vaughan, Taylor, Sams, Marcham Nays: (1) Spielholz Carried Amending Resolution: By Alderperson Sams: Seconded by Alderperson Spielholz RESOLVED, That Challenge Industries be given the first opportunity to run the Stewart Park concession stand before the concession is bid. Alderperson Manos stated that more activities and attractions need to be brought to the park to make the concessions and carousel more successful. A vote on the Amending Resolution resulted as follows: Carried Unanimously March 3, 1999 18 Main Motion As Amended: A vote on the Main Motion as Amended resulted as follows: Carried Unanimously 19.2 Common Council - Approval of Vacancy/Position Review Committee By Alderperson Marcham: Seconded by Alderperson Sams WHEREAS, Common Council has adopted the 1999 Ithaca City Budget, and it will be necessary throughout 1999 and beyond to exercise great caution in the expenditure of city tax monies; now, therefore, be it RESOLVED, That effective January 1, 1999, no position for a city employee that is vacant for any reason on or after said date shall be filled, no title for a city employee shall be altered in grade or number of work hours per week, and no title for a city employee shall be changed unless and until such action is approved by the Position Review Committee (PRC), and That the PRC shall consist of the Mayor, a member of the Budget and Administration Committee and a member of the Human Resources Committee, both to be chosen by Common Council, and That the PRC shall work in conjunction with the Controller, the Director of Human Resources, and the applicable department head in determining whether or not the request should be approved, and That the PRC shall not approve the filling of any vacant position in the City government unless and until the PRC determines that the filling of a particular position is essential to the proper functioning of the City government and/or essential to the protection of the residents of the City and that such position must be filled immediately, and, be it further RESOLVED, There will be established an Affirmative Action Advisory Subcommittee (AAAS) of the PRC, consisting of the Common Council liaison to the Affirmative Action Advisory Committee, the Director of Human Resources and the Mayor, and That whenever a department head has a choice of job candidates that includes members of one or more protected classes, the department head shall not be permitted to hire a candidate who is not a member of a protected class unless the department head has first received approval to do so from the AAAS, and That whenever a department head is contemplating filling a position through the transfer of an external candidate in lieu of through a civil service list, the department head shall not be permitted to hire the transfer candidate unless the department head has first received approval to do so from the AAAS, and, be it further RESOLVED, That the PRC shall report all of its actions at least once each month to Common Council, and That Common Council shall retain authority to consider and decide any matter that has been, or might be, reviewed by the PRC, and the PRC shall have authority to refer any matter subject to its review to the full Common Council for its decision, and That the PRC 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 it is considering as it deems necessary to carry out its authority under this resolution. Ayes (9) Shenk, Manos, Sams, Farrell, Blumenthal, Vaughan, Marcham, Spielholz, Taylor Nays (1) Hershey Carried March 3, 1999 19 19.3 Police Department - Request to Amend Authorized Personnel Roster By Alderperson Marcham: Seconded by Alderperson Sams WHEREAS, the Police Chief has examined the department's authorized roster and is recommending to create two additional Deputy Chief positions and leave two currently vacant Captain positions unfunded and vacant, and WHEREAS, the roster amendment will allow the Police Chief greater flexibility with assignments in the administration area without contractual restrictions to complete many complex tasks facing the department; free up Chief's time to attend public meetings; improve department's training program; implement ongoing workforce evaluation; and increase grant administrative activities; improve police officers' interaction with the community; now, therefore, be it RESOLVED, That Common Council hereby amends the 1999 Police Department Authorized Personnel Roster as follows: Add: Two (2) Deputy Police Chief and, be it further RESOLVED, That the two currently vacant Captain positions be left on the roster, unfunded, and funds approved for the Captains' positions be transferred to the newly- created two (2) Deputy Police Chief positions allowing for a budget-neutral roster amendment. Ayes: (7) Farrell, Marcham, Blumenthal, Hershey, Shenk, Spielholz, Vaughan Nays: (2) Taylor, Manos Abstention: (1) Sams Carried Alderperson Sams stated that Council needs to listen to the workforce, and noted that she would like to see the results of the $20,000 spent for the reorganization study committee. Police Chief Basile stated that the PBA would not join the study committee until the contract is settled. Alderperson Sams further state that she would like a report on the success of positions, and whether the Chief’s time has been freed up. Alderperson Spielholz stated that she did not want to see Captain positions or other staff positions eliminated. 19.4 Police Department - Request to Amend Authorized Personnel Roster and Budget By Alderperson Marcham: Seconded by Alderperson Manos WHEREAS, the City of Ithaca Police Department has been notified that it will receive a $150,000 Federal Grant from the U.S. Department of Justice COPS Universal Hiring Program to assist in the support of hiring two (2) additional full-time Police Officers, and WHEREAS, this Federal Program will provide up to 75% funding, with a maximum of $50,000 for the next three years (1999-2001), including salary and fringe benefits, for each officer hired through this Program, and the City would pay the remaining 25% cost, and WHEREAS, the Mayor and Police Chief are recommending that two police officers be hired through this program to continue and expand its Community Policing Program, with an estimated budget of $330,735 for three years, with a Federal share of $150,000 and a City share of $180,735 over three years; now, therefore, be it RESOLVED, That Common Council hereby approves the participation in said Federal Grant and amends the Authorized Personnel Roster for the Police Department as follows: March 3, 1999 20 Add: Two (2) Police Officers F/T and, be it further RESOLVED, That Common Council hereby approves an amount not to exceed $15,000 to be transferred from account A1990 Unrestricted Contingency to account A3120-5110 Salary for the purposes of providing the City’s necessary 25% matching funds for said Grant for 1999, and, be it further RESOLVED, That Common Council hereby authorizes the City Controller to make all necessary 1999 budget amendments to account for said COPS Grant, and, be it further RESOLVED, That the roster and budget amendments are contingent upon the receipt of said grant funds, and, be it further RESOLVED, That Common Council hereby expresses its intention to continue the funding and Community Policing Program after the completion of the three-year period. Alderperson Hershey asked whether the new positions would bring the Police Department to authorized strength, or whether they would remain understaffed. Police Chief Basile stated that a certified list of eligibles would be compiled for these two positions, and three open sergeant positions along with the anticipated lieutenant openings in the near future. Alderperson Hershey asked what the time frame would be for obtaining close or full authorized strength. Discussion followed on the floor regarding how many positions are currently, and would soon be open in the Department. Police Chief Basile stated the certified list of eligibles should be available by March 15, 1999. A vote on the Resolution resulted as follows: Ayes: (9) Farrell, Marcham, Blumenthal, Hershey, Shenk, Spielholz, Vaughan, Taylor, Manos Abstention: (1) Sams Carried 19.5 Police Department - Approve Establishment of Truck Scales Capital Project By Alderperson Marcham: Seconded by Alderperson Vaughan WHEREAS, the Police Department has been examining truck traffic within city neighborhoods, and WHEREAS, in an attempt to regulate truck traffic in city neighborhoods and improve the safety and welfare of the community, the Police Department is recommending the purchase of Electronic Wheel Load Weighers recently bid by the City, and WHEREAS, the Ithaca Neighborhoods Council is in strong support of the purchase of this equipment; now, therefore, be it RESOLVED, That Common Council supports this project to regulate truck traffic, and requests the Police Department to administer it in strict conformance with state laws and procedures regarding the allocation of penalties, and, be it further RESOLVED, That Common Council hereby authorizes the establishment of Capital Project #378 Acquisition of Six (6) Electronic Truck Scales in an amount not to exceed $16,400 for the purchase of said scales, and, be it further RESOLVED, That Common Council hereby approves the bid on Electronic Wheel Load Weighing Systems from PAT Equipment Corporation of Chambersburg, Pennsylvania for the low bid of $15,900 and authorizes the Police Department and Controller's Office to complete said procurement process, and, be it further March 3, 1999 21 RESOLVED, That said funds shall be derived from the issuance of Serial Bonds. Ayes: (9) Farrell, Marcham, Blumenthal, Hershey, Shenk, Spielholz, Vaughan, Taylor, Manos Abstention: (1) Sams Carried 19.6 Police Department - Approve Purchase of Police Vehicles By Alderperson Marcham: Seconded by Alderperson Blumenthal WHEREAS, the Police Department in conjunction with the Controller's Office has reviewed its police vehicle fleet, vehicle replacement schedule, vehicle warranty plans and vehicle maintenance activity, and WHEREAS, the recommendation from the Police Department and Controller's Office is to adjust the approved vehicle acquisition budget for 1999 and the future, and WHEREAS, the estimated total 1999 cost would be $142,300 including financing cost, which would allow for the purchase of four (4) 4WD Police Package Tahoes in 1999, including total warranty packages for each vehicle, and WHEREAS, the 1999 budget included $96,200 for police vehicle acquisition and refurbishment, and would need to be amended by $46,100 to accomplish the new purchase schedule; now, therefore, be it RESOLVED, That Common Council hereby authorizes the establishment of Capital Project #379 Police Vehicle Acquisition in an amount not to exceed $46,100 which combined with the operating budget of $96,200 would produce the $142,300 required for acquisition, and, be it further RESOLVED, That the four Tahoes purchased would be placed on restricted use to improve the useful life of the vehicles, and, be it further RESOLVED, That future Police operating budgets would need to include an estimated $130,000 for the purchase of five (5) police cars, including total warranty, annually through the year 2003 which would allow for a decreasing maintenance cost annually, and, be it further RESOLVED, That the $46,100 necessary for said project would be derived from the issuance of Serial Bonds. Ayes: (9) Farrell, Marcham, Blumenthal, Hershey, Shenk, Spielholz, Vaughan, Taylor, Manos Abstention: (1) Sams Carried 19.7 GIAC - Approval of Titles and Salary Range for Recreation Assistant Positions By Alderperson Marcham: Seconded by Alderperson Sams WHEREAS, Common Council at the February 3, 1999 Council meeting approved the request from GIAC to amend the Authorized Personnel Roster and budget for the addition of six (6) F/T roster positions, and WHEREAS, at the time the roster and budget amendment was approved, the Civil Service Commission had not yet approved the position titles, duties and salary range, and WHEREAS, the Civil Service Commission at its last regular meeting approved the creation of the position and salary range for the six positions; now, therefore, be it March 3, 1999 22 RESOLVED, That Common Council hereby approves the creation of a Recreation Assistant Position with an annual salary range of: 35 hours $13,450 - $15,470; 40 hours $15,371 - $17,680, and, be it further RESOLVED, That the position shall be assigned to the CSEA Administrative Unit, Grade 4, and, be it further RESOLVED, That the six F/T roster positions at GIAC approved at the February Common Council meeting be assigned the title of Recreation Assistant. Carried Unanimously 19.8 Approval of CSEA MOU – Possible Resolution By Alderperson Marcham: Seconded by Alderperson Vaughan WHEREAS, the City of Ithaca and the CSEA Administrative Unit have agreed to amend Article V, Compensation by adding a new Section H, and WHEREAS, the City of Ithaca and CSEA Administrative Unit have agreed to institute a reinstatement policy for employees effective January 1, 1999; now, therefore, be it RESOLVED, That an employee who resigns or otherwise relinquishes his/her position, and who is subsequently reinstated into the same position or an equivalent position not less than four months and not more than twelve months from the date of separation, shall be reinstated at the same salary the employee was earning at the time the employee relinquished his/her original position, plus any contractual increases applicable to the position during the period of absence; or at the contractual hiring rate per Appendix A, Whichever is greater provided, however, that this section shall not apply to an employee who worked for the City of Ithaca for less than one year prior to the date of separation, and, be it further RESOLVED, That for the purposes of calculating vacation, sick leave and personal leave under this Agreement, an employee reinstated pursuant to this section shall be credited with his/her original seniority date minus the separation period at the one year reinstatement anniversary, and, be it further RESOLVED, That upon reinstatement, the employee will accumulate benefits based on a new hire schedule until the one year reinstatement anniversary date. At this time, the employees benefit accumulation rate will be based on his/her original seniority date minus the separation period, and the balance of benefits accumulated during the first year will be credited to reflect a benefit accumulation rate during the first year consistent with their current benefit accumulation rate, and, be it further RESOLVED, That any unused, accumulated sick time lost by an employee at the time of separation from City service shall be restored to the employee one year after reinstatement. Unused personal time and/or floating holidays shall be restored only if the employee is reinstated in the same calendar year as separation, and be it further RESOLVED, That in the event an employee is reinstated in the same contract year that they left city employment, at no time are they entitled to more than three personal leave days in that contact year, and be it further RESOLVED, That for all purposes other than vacation, sick and personal leave, the reinstatement date shall determine seniority, unless otherwise provided by NYS Civil Service Law. Carried Unanimously 19.9 Approval of Cooperative Energy Contract – Possible Resolution By Alderperson Marcham: Seconded by Alderperson Blumenthal WHEREAS, the County of Tompkins and the County of Tioga entered into an agreement for the purchase of electric power with NYSEG Solutions, Inc., and March 3, 1999 23 WHEREAS, the contract provides that political subdivisions within the counties may obtain electric power under the contract, and WHEREAS, the Tompkins County Board of representatives adopted a resolution providing that political subdivisions within the County shall be included in such cooperative purchasing agreement upon the submission of a resolution approved by its governing body to the County Department of Finance; now, therefore, be it RESOLVED, That the City of Ithaca shall participate in the cooperative purchase agreement and may, thereby, purchase electric power under the contract with NYSEG Solutions, Inc., and, be it further RESOLVED, That a copy of this resolution shall be sent to the County Department of Finance, and, be it further RESOLVED, That Common Council hereby authorizes the Mayor to sign the agreement for cooperative purchase of electrical power between the City of Ithaca and NYSEG Solutions, Inc. for the period April 1, 1999 to April 1, 2001. Mayor Cohen stated this initiative would save the City approximately $42,000 in electricity over the two year period. A vote on the Resolution resulted as follows: Carried Unanimously EXECUTIVE SESSION: By Alderperson Vaughan: Seconded by Alderperson Spielholz RESOLVED, That Common Council adjourn into Executive Session to discuss two personnel issues. Carried Unanimously RECONVENE: Common Council reconvened into regular session and took the following action: 19.10A Fire Department - MOU for Retirement of One of its Members By Alderperson Marcham: Seconded by Alderperson Vaughan RESOLVED, That the Memorandum of Understanding with the Firefighter’s union regarding the retirement of one of its members be approved. Carried Unanimously 19.10B City Attorney’s Office - Extension of Professional Services Contract By Alderperson Marcham: Seconded by Alderperson Vaughan RESOLVED, That Extension of Professional Services Contract for the City Attorney’s Office be approved. Ayes: (9) Manos, Shenk, Hershey, Farrell, Blumenthal, Vaughan, Taylor, Spielholz, Marcham Nays: (1) Sams Carried 19.11 Sale of Vacant Industrial Land to Lansing Instrument – Resolution By Alderperson Marcham: Seconded by Alderperson Blumenthal WHEREAS, the City of Ithaca has received an offer from Lansing Instrument, Inc. to purchase from the City of Ithaca an approximately 8,777 square feet parcel of unimproved land lying to the rear of 715 Willow Avenue, being contiguous with the northerly boundary to Lansing Instrument Corporation property and situated in the southeast corner of a city- owned 2.46+ acre parcel of industrial land; and WHEREAS, the Board of Public Works passed a resolution in 1997 recommending said sale; and March 3, 1999 24 WHEREAS, notice of this proposed sale of land was published in the official newspaper of the City of Ithaca at least once each week for three weeks, the first such notice being published no less than thirty (30) days prior to the Common Council meeting of March 3, 1999, as required by Section C-36A(40) of the Ithaca City Charter; and WHEREAS, an appraisal of this property has been done by Midland Appraisal Associates, Inc. dated January 1, 1999; and WHEREAS, considering the neighborhood, the subject property, the zoning, the assessed valuation and taxes, and the highest and best use as described in the appraisal, the Committee hereby determines that the offered price of twenty-four thousand one hundred dollars ($24,100) is the full value of the property to be transferred which price is subject to modification; now therefore be it RESOLVED, That Common Council hereby approves the sale, by Warranty Deed, of the aforesaid premises to Lansing Instrument, Inc. for the purchase price of $24,100,or such other price determined by a survey. Amending Resolution By Alderperson Marcham: Seconded by Alderperson Shenk RESOLVED, that the last whereas clause and first resolved clause be amended to read as follows, and that two additional resolved clauses be added to read as follows: “WHEREAS, considering the neighborhood, the subject property, the zoning, the assessed valuation and taxes, and the highest and best use as described in the appraisal, the Committee hereby determines that the offered price of twenty-four thousand one hundred dollars ($24,100) is the full value of the property to be transferred which price is subject to modification based on the actual size of the property determined by a survey. The price will be based on a value of $2.75 per square foot set by an appraisal of the property; now therefore be it” “RESOLVED, That Common Council hereby approves the sale, by Warranty Deed, of the aforesaid premises to Lansing Instrument, Inc. for the purchase price of $24,100 or such other price determined after a final survey at a rate of $2.75 per square foot, and, be it further” “RESOLVED, That the purchaser shall comply with all applicable site plan and other requirements set forth in the Ithaca City Code, and be it further” “RESOLVED, That the Mayor is authorized to enter into a purchase contract under terms reviewed and approved by the City Attorney.” Carried Unanimously Main Motion as Amended: A vote on the Main Motion as Amended resulted as follows: Carried Unanimously ADJOURNMENT: On a motion the meeting adjourned at 11:15 P.M. ________________________ _______________________ Julie Conley Holcomb, CMC Alan J. Cohen, City Clerk Mayor