HomeMy WebLinkAboutMN-CC-1999-03-03
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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
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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.
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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
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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.
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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
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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
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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
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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
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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.
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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
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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
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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