HomeMy WebLinkAboutMN-CC-1999-04-07
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COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 7:00 P.M. April 7, 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
Building Commissioner – Eckstrom
Planning and Development Director – Van Cort
Economic Development Director - McDonald
Superintendent of Public Works – Gray
Fire Chief - Wilbur
Human Resources Director – Michell-Nunn
PLEDGE OF ALLEGIANCE:
Mayor Cohen led all present in the Pledge of Allegiance to the
American flag.
ADDITIONS TO OR DELETIONS FROM THE AGENDA:
Budget and Administration
Add item 18.17 City Attorney – Request for final approval of
conveyance of Campbell Park
Special Order of Business
Re-programming of Community Development Block Grant funds
New Business
Appoint Council representative to Ithaca Downtown Partnership
Public Hearing to Consider the Community Development Block Grant
Reprogramming
Resolution to Open Public Hearing
By Alderperson Blumenthal: Seconded by Alderperson Spielholz
RESOLVED, That the public hearing to consider the Community
Development Block Grant Reprogramming be declared open.
Carried Unanimously
No one appeared to address Council.
Resolution to Close Public Hearing
By Alderperson Spielholz: Seconded by Alderperson Taylor
RESOLVED, That the public hearing to consider the Community
Development Block Grant Reprogramming be declared closed.
Carried Unanimously
YOUTH AWARD:
Alderpersons Sams and Farrell presented the Distinguished Youth
award to Jesse Austin-Breneman, Disashi Lumumba-Kasongo, and
Sandra Weissinger. They won silver medals in the National
Society of Black Engineers (NSBG), organized Tri-Math-a-Lon
competition held at Boston University. They competed against
teams from the New York, New Jersey, New England and Rochester
areas. In the later section of the Second round, the South
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Jersey team from Pleasantville High School pulled ahead of
Ithaca (representing the Twin Tiers) and maintained their lead.
Rochester came in third with 183 points; Ithaca amasses 201
points and the first place winner finished with 214 points.
Despite their lack of experience at this level and the fact that
this NSBE Alumni Chapter is less than two years old, this
obscure group of students from Ithaca rose to national
prominence.
Much thanks goes to their coach Tamara Baptist and instructors
Karen Holiness and Gary Mobley, NSBE Alumni, who were there for
these youngsters on Saturdays since September.
This chapter and support for this involvement was established
originally by Thomas Baskin-Bey, Associate Principal at Ithaca
High School in partnership with GIAC under the direction of
Cassandra Nelson. Without GIAC’s support, this level of success
would not be possible.
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
Doria Higgins, Town of Ithaca, updated everyone on the Cornell
University Lake Source Cooling Project.
Joe Daley, Commons Design Review Committee, distributed the
Committee’s report. He thanked John Schroeder for editing, and
stated that the report will be discussed at length in the
future.
Eric Ott, Owner of the Rongovian Embassy in Trumansburg, stated
that he is opposed to the new postering ordinance. The local
music and art scene is a large part of what makes Ithaca and the
surrounding community attractive to tourists, whose dollars
benefit everyone. The complaining people have commanded a
disproportionate share of attention from the local government.
The Rongovian Embassy does not poster.
Sandy Wold, Town of Ithaca, gave an update on the Eco-Museum
project proposed for the Cascadilla Boat House in Stewart Park.
Pete Panik is opposed to the new postering ordinance.
Nicholas Celia, City of Ithaca, supports posters and informative
pieces of paper about things going on in town.
James Phenoddy, Ithaca, opposed the postering ordinance.
Donald Stevenson, Ithaca, stated he is opposed to the Postering
Ordinance. He prefers broadcast media, but paper reaches more
people.
Mary Tomlan, City of Ithaca, stated that postering problems were
considered as a result of twelve Collegetown Neighborhood
Council [Association] Meetings since January of 1998. There is
interest in kiosks and regulated places to poster. Events are
already promoted in businesses, on the radio, in newspapers, and
other sources.
April 7, 1999
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Frances Weissman, City of Ithaca, stated that she is in support
of the Postering Ordinance. Postering causes litter, and
posterers do not take responsibility for clean up.
Theresa Alt, City of Ithaca, spoke in opposition to the
Postering Ordinance.
Garrison Hesslin, City of Ithaca, stated that he is a local
musician and is opposed to the Postering Ordinance because it
attacks ethnic and cultural diversity.
Hank Roberts, Ithaca, stated he is a musician opposed to the
Postering Ordinance.
Waverly, of the band Scratch & Sniff, stated he is guilty of
postering. He goes back and takes down his own and the other
outdated ones. He suggested a yearly permit where the funds
would go to be used for clean up.
Ken Ivens, Chamber of Commerce, distributed a Resolution
commending the Common Council for improving the life in the
City:
Resolution Commending the Ithaca Common Council
WHEREAS, the Board of Directors of the Tompkins County Chamber
of Commerce recognizes the importance of a strong business
climate in the City of Ithaca and,
WHEREAS, the Board recognizes that part of that economic health
is derived from a strong retail environment, job creation, job
retention and the sales tax that is generated for the city and
county residents and,
WHEREAS, the Board recognizes that the Ithaca Common Council has
taken many steps recently, which include the economic
development planning of the southwestern and east end areas, and
the financial support of the Ithaca Downtown Partnership, and
WHEREAS, the Board sees these programs strengthening the
community for many years to come, so therefore let it be
RESOLVED, That the Board of Directors of the Tompkins County
Chamber of Commerce commends the Common Council of the City of
Ithaca for its commitment and dedication to improving life in
the City and County through its recent actions, and be it
further
RESOLVED, That the Board offers its continued assistance to
further this goal.
Rob Cohen, owner of Stella’s in Collegetown and the Chair of the
Tompkins County Bar and Restaurant Association, stated he is
opposed to the Postering Ordinance.
William Fox, Ithaca, stated that he is the Entertainment Manager
at The Haunt and he is opposed to the Postering Ordinance.
Harry Bowman, Ithaca, stated he is opposed to the Postering
Ordinance.
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Park Doing, Ithaca, stated he is opposed to the Postering
Ordinance.
Johnny Dowd, Ithaca, stated he is a musician and he is opposed
to the Postering Ordinance.
Ken Hallett, Ithaca, stated he is the owner of the ABC Café and
he is opposed to the Postering Ordinance.
Stu Fox, Ithaca, stated he is opposed to the Poster Ordinance.
The music scene is stronger than he has seen it in years, and
the ordinance will only hurt people. He will poster for anyone
who needs it and will not pay the fines he will receive.
Burt Patterson, City of Ithaca, stated he is against the
Postering Ordinance and the fines are out of scale.
Phil Crubia, Tompkins County, stated he is against the Postering
Ordinance because it will hurt local businesses.
Chris Predmore, Town of Ulysses, stated he is against the
Postering Ordinance.
Joel Harlan stated he is in favor of Ithaca using the Cortland
and Elmira Sports Arena. The Ithaca High School hockey team pays
$100 an hour to use Lynah Rink at Cornell University. The City
needs growth and to focus less on Cornell University and Ithaca
College.
Greg Spence Wolf stated he is against the Postering Ordinance.
Alex Gouchalk, Ithaca, stated he is a musician and is opposed to
the Postering Ordinance. In Providence, Rhode Island, postering
is encouraged and subsidized by the City government and it turns
the city into a beautiful and interesting canvas.
Paul Sayvetz, City of Ithaca, stated he is opposed to the
Postering Ordinance.
Dale Kemp stated he has a show on Channel 13, Public Access, and
he is opposed to the Postering Ordinance.
RESPONSE TO THE PUBLIC:
Alderperson Marcham explained that the law is a “property
rights” law. It has been illegal for a long time to post on
private property.
Alderperson Spielholz thanked the public for coming. She stated
some of their statements have not been based on fact. She would
like to meet with musicians and club owners to discuss
amendments. Telephone poles are illegal to poster on because
they are private property. Common Council can set up private
kiosks or bulletin boards and talk to NYSEG or Bell Atlantic but
it will take more than just Common Council. Wet posters are an
eyesore and the posterers need to take responsibility for poster
removal.
April 7, 1999
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Alderperson Hershey stated that he was opposed to making
establishments responsible for postering. However, businesses
and musicians do not have an inherent right to use other
people’s property. They need to take responsibility and ask
permission.
Alderperson Shenk stated that Council needs to balance the needs
of neighborhoods and businesses. Kiosks were considered before
and not done mostly because of money. They need to work together
to address issues.
Alderperson Sams stated that she likes posters but understands
that other people do not and that they should strive for a happy
medium.
Alderperson Blumenthal stated that the Ordinance would not be
taken back to the Community Issues Committee, but it would offer
alternatives such as kiosks.
Mayor Cohen stated that kiosks have been discussed for quite
some time and he has spoken favorably about them. He hopes they
can work out something where the businesses will pay for the
kiosks. He does support the Postering Ordinance because they
need to assess the aesthetic concerns of the community, but they
also need to find legal postering sites.
COMMUNICATIONS FROM COMMON COUNCIL:
Alderperson Sams stated that there is collaboration with the
County and the school district to do workshops in educational
aspects of working with differences.
COMMUNICATIONS FROM THE MAYOR:
Mayor Cohen proclaimed the month of April as Child Abuse
Prevention and Sexual Assault Awareness Month in the City of
Ithaca.
Mayor Cohen proclaimed the First of May as Suicide Survivors Day
in the City of Ithaca.
Mayor Cohen proclaimed the Week of the Second through Eighth of
May as Suicide Prevention Week in the City of Ithaca.
REPORT OF CITY BOARDS, COMMISSIONS AND COMMITTEES:
Report of the Board of Public Works:
Vice Chair of the Board of Public Works, Steve Ehrhardt, stated
that the Truck Enforcement Effort signs are being made and put
in. There is no response from NYSDOT on locating signs on state
routes and the Mayor wrote to them seven (7) months ago. The
capital project regarding Spencer Road, Elmira Road, and South
Albany Street could piggyback on the GEIS effort. He asked
Council to approve the $7,000 study. The Board wants a broad
analysis and wants the Mayor to negotiate.
Report of the City Clerk:
City Clerk Conley Holcomb stated that there will be a meeting of
the Tompkins County Board of Assessment on May 10th from 3 P.M.
until 6 P.M.
April 7, 1999
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Report of the City Attorney:
City Attorney Geldenhuys stated they have a Purchase Contract
between the City of Ithaca and Cornell University for purchase
of the Ithaca Falls property. It has been signed by the parties
and the City is hopeful for a Spring closing. Substitute Park
land properties in the Six Mile Creek area have all been closed.
They have three (3) remaining parcels to be acquired for the
Inlet Island alienation and substitution, with a contract on
one. They may need to proceed with Eminent Domain on one or two
parcels.
RECESS:
On a motion Common Council recessed at 9:00 p.m.
RECONVENE:
Common Council reconvened into regular session at 9:15 p.m.
CONSENT AGENDA ITEMS:
16.1 Police Department – Request to Amend Authorized Personnel
Roster – Resolution
By Alderperson Marcham: Seconded by Alderperson Manos
WHEREAS, the responsibility for supervising maintenance of the
City Court and Police Department facilities was transferred from
the Department of Public Works to the Police Department in 1994,
and
WHEREAS, the authority to hire replacement maintenance personnel
has been delegated to the Police Department as DPW employees
leave city service, now therefore be it
RESOLVED, That one custodial worker position be deleted from the
personnel roster of the Department of Public Works, and be it
further,
RESOLVED, That a corresponding custodial worker be added to the
personnel roster of the police department.
Ayes: (9) Farrell, Marcham, Blumenthal, Hershey, Shenk,
Spielholz, Manos, Vaughan, Taylor
Abstention: (1) Sams
Carried
16.2 GIAC – Request for Amendment to Authorized Personnel
Roster – Resolution
By Alderperson Marcham: Seconded by Alderperson Manos
RESOLVED, That the personnel roster of the Greater Ithaca
Activities Center be amended as follows:
Add: One Administrative Assistant (Financial Manager)
Delete: One Principal Account Clerk
Ayes: (9) Farrell, Marcham, Blumenthal, Hershey, Shenk,
Spielholz, Manos, Vaughan, Taylor
Abstention: (1) Sams
Carried
April 7, 1999
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16.3 GIAC - Request Funds for Hiring Above Minimum Salary –
Resolution
By Alderperson Marcham: Seconded by Alderperson Manos
RESOLVED, That $1,893 be transferred from Account A1990
Unrestricted Contingency to Account 17311-110-1100, GIAC staff
salaries, General Administration, to permit the hiring of a new
employee above the minimum salary level.
Ayes: (9) Farrell, Marcham, Blumenthal, Hershey, Shenk,
Spielholz, Manos, Vaughan, Taylor
Abstention: (1) Sams
Carried
16.4 Youth Bureau – Request to Amend 1999 Youth Bureau Budget –
Resolution
By Alderperson Marcham: Seconded by Alderperson Manos
RESOLVED, That the following amendment to the Youth Bureau
budget be hereby authorized to increase the level of field
maintenance provided for the Ithaca Amateur Softball and Ithaca
United Soccer Programs, offset by increases in program fees.
Increase Account A2065-01518 $1,100.00
Increase Account A7310-5120-01518 600.00
Increase Account A7310-5483-01518 500.00
Ayes: (9) Farrell, Marcham, Blumenthal, Hershey, Shenk,
Spielholz, Manos, Vaughan, Taylor
Abstention: (1) Sams
Carried
REGULAR AGENDA ITEMS
BUDGET AND ADMINISTRATION COMMITTEE:
18.1. Common Council – Establishment of Y2K Contingency
Planning Group – Resolution
By Alderperson Marcham: Seconded by Alderperson Vaughan
WHEREAS, Mayor Cohen has appointed a Y2K Planning Committee
which is charged with, among other things, assessment,
remediation, and contingency planning as it relates to the Y2K
computer issue; and
WHEREAS, the Y2K Planning Committee has been meeting regularly
to fulfill its charge since its inception; and,
WHEREAS, even though the information gathered by the Y2K
Planning Committee indicates there will not be significant or
widespread problems it is always prudent to plan for all
possible scenarios; and,
WHEREAS, a Y2K specific contingency plan should be in place to
insure appropriate preparedness by City agencies to allow for
continuity of services and the development of an appropriate
response capability; and,
WHEREAS, section 48-3 of the City of Ithaca Code states: “The
Common Council shall have the primary responsibility to see that
everything possible is done to prepare for any disaster and to
provide for the safety and security of the community during a
disaster”, and
April 7, 1999
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WHEREAS, conducting the planning required to meet any Y2K risks
is an important element of Common Council’s disaster
preparedness responsibility; now, therefore be it
RESOLVED, That the Common Council of the City of Ithaca hereby
directs that a committee shall be convened to develop and
implement an appropriate Y2K specific contingency plan and that
the committee shall consist of representatives of the Building,
Fire, Public Works (2), Police, and Finance Departments, a
member of the Y2K Planning Committee, and a member of Common
Council, to be appointed by the Council, and be it further
RESOLVED, That this committee shall be known as the Y2K
Contingency Planning Group, and shall report back to the B&A
Committee of Common Council on a regular basis with the progress
of their work; and be it further
RESOLVED, That the Y2K Planning Group shall prepare a
comprehensive written contingency plan for delivery to Council
and the Mayor no later than 01 Sep 99; and be it further
RESOLVED, That the Mayor, as the elected official responsible
for the conduct of disaster operations within the city, shall
approve such plan prior to its adoption by Common Council.
Carried Unanimously
18.2 Controller – Request to Establish Capital Project for
Reconstruction of City Hall – Resolution
By Alderperson Marcham: Seconded by Alderperson Manos
WHEREAS, Capital Projects #319, #340 and #550 established in
1996 and 1997 for the reconstruction of City buildings for code
compliance, ADA compliance and fire detection purposes included
approximately $473,000 for improvements to City Hall, and
WHEREAS, the three-year statutory construction period, which
expires January 2000 does not permit sufficient time to complete
the desired planning, design and construction of said project,
and
WHEREAS, the additional improvements to the first floor of City
Hall, unrelated to code compliance issues, have been identified
and proposed for inclusion in this project, and
WHEREAS, it has been proposed that code compliance improvements
throughout the building shall be designed in consideration of
the possibility of future City Hall renovation projects; now,
therefore, be it
RESOLVED, That a new Capital Project for Reconstruction of City
Hall be hereby established, consolidating the code compliance
improvements throughout the building, and operational
renovations on the first floor into one project at a maximum
project cost of $500,000, and be it further
RESOLVED, That the Client Committee recommendations on the final
design alternative be presented for review by Common Council
prior to preparation of bid specifications, and be it further
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RESOLVED, That the financing for said project be derived from
the issuance of serial bonds.
Carried Unanimously
18.3 Controller – Request to Approve Policy on the Disposition
of Surplus Computers – Resolution
By Alderperson Marcham: Seconded by Alderperson Manos
WHEREAS, a request has been made by representatives and
residents of the Ithaca Housing Authority Rental Housing
Program, and Southside Community Center, to be considered as a
potential recipient of surplus computer equipment, replaced in
conjunction with our Y2K computer upgrade project, and
WHEREAS, the City would be legally authorized to make such a
contribution under related state and federal statutes, now
therefore be it
RESOLVED, That the City Controller and Systems Administrator be
hereby authorized to donate surplus computer equipment and
related unneeded software to the Ithaca Housing Authority when
and if available.
Alderperson Shenk asked whether Council would consider requests
from other agencies.
Alderperson Vaughan stated that other non-profit agencies
associated with the City, for example the Southside Community
Center, should also be able to benefit.
Amending Resolution
By Alderperson Vaughan: Seconded by Alderperson Shenk
RESOLVED, that the last resolved clause be amended to read as
follows:
“RESOLVED, That the City Controller and Systems Administrator be
hereby authorized to donate surplus computer equipment and
related unneeded software to the Ithaca Housing Authority and
the Southside Community Center when and if available.”
Carried Unanimously
Main Motion as Amended
A vote on the Main Motion as Amended resulted as follows:
Carried Unanimously
18.4 Controller – Request to Amend Capital Project #211 for
Software Acquisition – Resolution
By Alderperson Marcham: Seconded by Alderperson Blumenthal
WHEREAS, enhancements to our computer center (MUNIS) software
have been demonstrated for our frequent users, and
WHEREAS, the new innovations would significantly improve our
report preparation program and the functionality of the programs
in general, by adding mouse driven point and click capability,
and
WHEREAS, the Finance Department and users of our financial
management system throughout city government recommends and
requests funding for said software upgrades, now therefore be it
April 7, 1999
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RESOLVED, That Capital Project #211 for computer hardware and
software acquisition be hereby amended by the addition of
$15,000, to acquire, install and provide training related to the
aforementioned Computer Center software upgrades.
Carried Unanimously
18.5 City Prosecutor – Request Transfer of Funds – Resolution
By Alderperson Marcham: Seconded by Alderperson Spielholz
RESOLVED, That $4,441.00 be transferred from Account A-1990
Unrestricted Contingency to the City Prosecutors budget line
A1110-5110 staff salaries, to fund additional costs related to
the temporary half time Deputy City Prosecutor position
establish in 1998, for a period of eighteen months.
Carried Unanimously
18.6 Common Council – Managerial Pay Raise Requests –
Resolution
By Alderperson Marcham: Seconded by Alderperson Blumenthal
WHEREAS, Common Council intends to consider managerial request
for salary increases in 1999, on the basis of the criteria
stated in the policy established by Council in 1998, and
WHEREAS, a subcommittee appointed by the Budget and
Administration Committee will review the individual requests,
with funding to include the $6,200 remaining in restricted
contingency from the $10,000 allocated for managerial salary
raises in the 1998 city budget, now therefore be it
RESOLVED, That the subcommittee will consider all applications
for salary raises from managerial staff that are delivered to
the Human Resources Department by this year’s deadline of April
20, 1999.
Alderperson Sams stated that the criteria does not fit some of
the allegations made, and questioned what would happen. It
should fall under internal equity.
Alderperson Shenk stated that one of the criteria is internal
equity, so issues raised would fall under that.
Amending Resolution
By Mayor Cohen: Seconded by Alderperson Blumenthal
RESOLVED, that the last whereas clause be amended to read as
follows:
“WHEREAS, a subcommittee appointed by the Budget and
Administration Committee will review the individual requests,
with funding to include the $6,200 remaining in restricted
contingency from the $10,000 allocated for managerial salary
raises in the 1998 city budget, and to be supplemented as
determined by Common Council from the unrestricted contingency
account, now therefore be it”
Carried Unanimously
Main Motion as Amended
A vote on the Main Motion as Amended resulted as follows:
Carried Unanimously
April 7, 1999
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18.7 Fire Department – Amendment to the Town/City Fire
Protection Contract – Resolution
By Alderperson Marcham: Seconded by Alderperson Shenk
RESOLVED, That the Mayor be hereby authorized to execute an
amendment to the fire protection agreement between the City and
the Town of Ithaca.
Carried Unanimously
18.8 Department of Public Works – Request to Amend Budget for
Cornell Tree Work Contract – Resolution
By Alderperson Marcham: Seconded by Alderperson Blumenthal
WHEREAS, the City and Cornell have entered into various
agreements in order to accomplish extensive street improvements
while undertaking the Lake Source Cooling Project, and
WHEREAS, The most recent agreement for tree work undertaken as
part of this combined project will result in a payment to the
City of $64,800; now, therefore, be it
RESOLVED, That the 1999 budget is amended to reflect the payment
as well as offsetting expenses and fund deposits
Additional Revenue
A2300 Public Works Services $64,800
Additional Expense and Equity
A7111 Overtime 3,000
Contract Allowance for labor 11,000
Contract DEC Grant Match, Citizen Pruner 7,500
Equipment Rental 2,000
Equipment Maintenance 1,000
Equipment 1,000
Benefits & Insurance 1,500
$27,000
Capital Reserve Fund (DPW Equip. #23) $22,800
1999 Contingency Account – Reserved $15,000
$64,800
Discussion followed on the floor regarding a proposed youth
horticultural apprentice program.
Amending Resolution
By Alderperson Shenk: Seconded by Alderperson Blumenthal
RESOLVED, That a second Resolved clause be added to read as
follows:
“RESOLVED, That the Department of Public Works is authorized to
undertake a youth horticultural apprentice program during 1999
provided the $8,000 direct expense is derived from the expense
allowances for A711 listed above.”
Carried Unanimously
Further discussion followed regarding the use of the budget
figures listed above.
Main Motion As Amended
A vote on the Main Motion as Amended resulted as follows:
Carried Unanimously
April 7, 1999
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18.9 Department of Public Works – Amendment of Capital Project
#341 Roller Sports Park – Resolution
By Alderperson Marcham: Seconded by Alderperson Hershey
WHEREAS, Common Council established Capital Project #341 in 1997
in an amount of $65,000, and
WHEREAS, the project has been bid twice, with low bids of
approximately $140,000 and $100,000, and efforts have been
undertaken by staff and facility users to locate or raise
additional funds, and
WHEREAS, staff has requested a project authorization of $110,000
funded by the following source of funds:
Existing Capital Borrowing $65,000
Proposed Community Development Funds $20,000
Donations from Community $18,000
DPW 1998 Encumbered Funds $7,000
$110,000
and now, therefore be it further
RESOLVED, That Common Council amends Capital Project #341 by
$35,000 to a total of $110,000, with a capital borrowing not to
exceed $65,000, and be it further
RESOLVED, That the Board of Public Works is authorized to enter
into contracts for construction once all funds are in place,
approximately as outlined above, totaling $110,000.
Discussion followed regarding the Oversight Committee and other
project pieces such as landscaping, rumble steps on sidewalks,
etc. Some landscaping is included, but rumble steps are not.
Alderpersons Shenk, Vaughan, and Manos were unwilling to vote
without the assurance that those items are included in order to
protect Titus Tower residents.
Alderperson Manos stated that she would like to see them come in
under budget, instead of constantly expanding it as they have
been.
Alderperson Vaughan stated that many residents were persuaded to
allow Council to pass the original Resolution because of the
amenities, and she wants them to stay in the package.
Alderperson Manos would like to see the project scaled back.
Superintendent of Public Works Gray stated that the contractor
is ready to start and the Park should be built within two (2)
months of the start. The City will incorporate concerns that
Council has into the plan.
April 7, 1999
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Amending Resolution
By Alderperson Shenk: Seconded by Alderperson Sams
RESOLVED, that the following resolved clause be added to the
resolution:
“RESOLVED, That this work is only to be undertaken with adequate
sound barrier landscaping and signage, and that some measure be
taken to make the sidewalk skateboard-unfriendly.”
Alderperson Sams stated that the Skateboard Ordinance Committee
is meeting with representatives from the Ithaca Police
Department, the City Attorney’s Office, Seniors, Youth, and the
Bicycle Advisory and Disability Committees.
Carried Unanimously
Amending Resolution
By Alderperson Shenk: Seconded by Alderperson Manos
RESOLVED, that the following resolved clause be added to the
resolution:
“RESOLVED, That Joann Cornish be directed to convene the
Oversight Committee as described in the resolution dated June 3,
1998, as soon as possible.”
Carried Unanimously
Main Motion As Amended
A vote on the Main Motion as Amended resulted as follows:
Carried Unanimously
18.10 Department of Public Works – Rehabilitation of the North
Cayuga Street Bridge Over Fall Creek – Resolution
By Alderperson Marcham: Seconded by Alderperson Hershey
WHEREAS, a Project for the rehabilitation of the North Cayuga
Street Bridge over Fall Creek, B.I.N. 2210600, P.I.N. 375305 for
$745,000 (“The Project”) is eligible for funding under Title 23
U.S. Code as administered by the Federal Highway Administration
(“FHWA”), as amended, that calls for the apportionment of the
costs of such program to be borne at the ratio of 80% Federal
funds and 20% non-federal funds, and
WHEREAS, the City of Ithaca desires to advance the Project by
making a commitment of 100% of the non-federal share of the
costs of Scoping, Design (Phases I-VI), Construction, and
Construction Inspection; now, therefore be it
RESOLVED, That Common Council hereby approves the above-subject
project; and be it further
RESOLVED, That Common Council hereby authorizes the City of
Ithaca to pay in the first instance 100% of the federal and non-
federal share of the cost of Scoping, Design (Phases I-VI),
Construction, and Construction Inspection for the Project or
portions thereof; and be it further
RESOLVED, that the sum of $200,000 is hereby appropriated from
the General Fund (or appropriated pursuant to in-kind services)
and made available to cover the cost of participation in the
above phase of the Project; and be it further
April 7, 1999
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RESOLVED, that in the event the full federal and non-federal
share costs of the project exceeds the amount appropriated
above, Common Council of the City of Ithaca shall convene as
soon as possible to appropriate said excess amount immediately
upon the notification by the NYSDOT thereof, and be it further
RESOLVED, that the Mayor of the City of Ithaca of the County of
Tompkins be and is hereby authorized to sign all necessary
Agreements with NYSDOT to secure Federal Aid and Marchiselli Aid
on behalf of the City of Ithaca and the Superintendent of Public
Works be authorized to sign all necessary construction
documents, contracts, certifications and reimbursement requests,
and be it further
RESOLVED, that this project be undertaken with the understanding
that the final cost to the City of Ithaca will be roughly five
percent (5%) of the final approved project cost, currently
estimated at $37,250 of the $745,000 authorized for this
project, in monies and in-kind services as managed by the
Superintendent of Public Works and monitored by the City of
Ithaca Controller, and be it further
RESOLVED, that a certified copy of this resolution be filed with
the New York State Commissioner of Transportation by attaching
it to any necessary Agreement in connection with the Project,
and be it further
RESOLVED, that this resolution shall take effect immediately.
Carried Unanimously
18.11 Department of Public Works – Amendment to Existing Study
on the Intersection of Elmira Road/Spencer Road/Albany Street –
Resolution
By Alderperson Marcham: Seconded by Alderperson Hershey
WHEREAS, Common Council established a Capital Project for
improvements to the Elmira Road/Spencer Street/Albany Street
intersection in the amount of $250,000 but restricted the use of
these funds requiring the project be returned to Council for
review prior to any implementation, and
WHEREAS, the Engineering and Planning staff have requested
authorization to expend not more than $8,000 to study this
intersection as part of the current traffic study conducted for
the South West Area Development Plan GEIS; now, therefore, be it
RESOLVED, That the Director of Planning and Development is
authorized to amend an existing study and report contract to
incorporate work to study the intersection of Elmira
Road/Spencer Road/Albany Street, and be it further
RESOLVED, That the Director will work with the Superintendent of
Public Works, the Mayor, Alderperson Blumenthal, and the Traffic
Engineer to develop the scope of work in order to take the best
advantage of this opportunity.
Carried Unanimously
April 7, 1999
15
18.12 Mayor – Deletion of Two Existing City Commissions –
Discussion/Possible Resolution – to be handed out at meeting
This item was postponed.
18.13 Mayor – Quarter-Time Judge to Half-Time – Resolution
By Alderperson Shenk: Seconded by Alderperson Manos
RESOLVED, that Common Council strongly supports the State’s
recommendation to increase the Quarter-Time Judge position of
the Ithaca City Court to a Half-Time position.
Carried Unanimously
18.14 Controller – Five-Year Budget Forecast – Report
City Controller Cafferillo distributed the City’s 5-year budget
plan to Common Council. He offered a separate session to
council members to explain in detail his budget projections.
City Controller Cafferillo then handed out and explained the
budget program and procedure for the year 2000. They are
focusing on the years 2000-2004. The perimeters used for
expenditures show approximately a 2% growth factor going
forward. One of the primary adjustments made related to the 1999
budget’s significant revenues from Cornell’s building permits.
He also adjusted the budget to take out a few large, onetime
expenses made in 1999, for example two large pieces of capital
equipment and a $250,000 allocation for roads and streets. Two
final figures are shown: one without a property tax increase,
and one with a tax increase. The tax base remains flat in his
figures. The debt is projected based on the current average
issuance per year. He then explained the impact of retirement
payments on the debt.
Mayor Cohen stated that any potential benefits that the City
might gain from developments such as the Southwest Development
area are not included.
City Controller Cafferillo stated that on the revenue side,
property tax is projected to increase, sales tax revenue is
projected to grow at 2%, and there are many other unknown
elements at this point. The City’s financial condition remains
stable. They are having problems with their ability to fund
activities they have agreed to provide, but the operating budget
is stable.
EXECUTIVE SESSION:
By Alderperson Vaughan: Seconded by Alderperson Marcham
RESOLVED, that Common Council adjourn into Executive Session to
discuss 1999 Negotiations with Employee Bargaining Units
Carried Unanimously
REGULAR SESSION
Common Council reconvened into regular session and considered
the following item:
Negotiations with Employee Bargaining Units may lead to
potential litigation.
Carried Unanimously
April 7, 1999
16
18.17 City Attorney – Request for Final Approval of Conveyance
of Campbell Park
By Alderperson Marcham: Seconded by Alderperson Manos
WHEREAS, the City of Ithaca has received requests from adjoining
property owners for conveyance to them of portions of a parcel
of land known as “Campbell Park,” and located between Ithaca
Road, Elmwood Avenue, and Mitchell Street, and
WHEREAS, Common Council by resolution adopted on September 2,
1998 directed that a survey of the parcel be completed in order
to convey the city-owned land to the adjacent land owners to
alleviate any potential liabilities and to clear title to these
lands, and further resolved that the conveyance to adjacent
land-owners was contingent upon approval of all affected
property owners, and
WHEREAS, Common Council determined that some adjacent property
owners have been paying real property taxes on portions of
“Campbell Park,” and
WHEREAS, a survey of the “Campbell Park,” entitled “Survey Map
showing lands of the former city park known as the ‘Campbell
Park’ – to be subdivided, Ithaca, New York” was completed by
Allen T. Fulkerson, L.S., which shows the proposed division of
the “Campbell Park” area among adjacent land owners, and
WHEREAS, all affected adjacent land owners have approved the
proposed division of land shown on the survey, now, therefore,
be it
RESOLVED, That Common Council hereby approves the conveyance of
portions of “Campbell Park” to the adjoining property owners as
shown on the above-referenced survey, in consideration for
$1.00, and be it further
RESOLVED, That the City Attorney is directed to prepare, and
Mayor is authorized to execute the necessary documents to convey
the parcels to the adjoining property owners, and be it further
RESOLVED, That the cost of recording the deed and other
necessary documents in the Tompkins County Clerk’s Office shall
be paid by the adjoining property owner to whom the parcel is
conveyed.
Carried Unanimously
PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE:
20.1 Request Authorization to apply for New York State Council
on the Arts funds for Cascadilla Boathouse Historic Structures
Report - Resolution
By Alderperson Blumenthal: Seconded by Alderperson Hershey
WHEREAS, The Cascadilla School Boathouse, (c. 1894-96), is an
historic and architecturally significant municipal resource,
listed on the National and New York State Registers of Historic
Places in 1991 and located in the city’s most visited public
park, and
WHEREAS, through this listing, the boathouse is eligible for
funding available through several federal and state historic
preservation programs, and
April 7, 1999
17
WHEREAS, in the many decades since the building served as an
athletics facility for the Cascadilla School, the boathouse had
fallen into a serious state of physical deterioration, and
WHEREAS, in 1997 the City completed a project to stabilize the
Cascadilla Boathouse, thereby reserving the opportunity to make
decisions about the building’s future community use, and
WHEREAS, an ad hoc group of City staff and officials met last
October to consider a combination of possible adaptive uses
including recreational boating activities for park visitors,
public assembly and reception space for public rental, and an
interpretive center, and
WHEREAS, there is funding available through the New York State
Council on the Arts for preparation of an Historic Structures
Report which will include a plan for phased rehabilitation and
restoration, and
WHEREAS, Common Council would like to see this valued facility
rehabilitated for the public use now, and for generations to
come, now, therefore, be it
RESOLVED, That H. Matthys Van Cort, as Director of Planning and
Development, is authorized and directed to file an application
on forms prescribed by the New York State Preservation League
for financial assistance in an amount not to exceed $8,500 to
fund preparation of the report, and be it further
RESOLVED, That the City shall contribute an amount not to exceed
$2,500 from remaining funding in the capital projects budget for
the Cascadilla Boathouse stabilization project, contingent on
final approval and receipt of said grant funds.
Discussion followed regarding Sandy Wold’s proposal for the
EcoMuseum. Common Council and the City of Ithaca are not
currently working with Sandy Wold. Whatever is done will
generate revenue for the City because of the work they have
already done on the Boathouse, but no particular group has been
singled out.
Carried Unanimously
20.2 An Ordinance Amending Section 325-20.C.(4) of Chapter 324
entitled “Zoning” of the City of Ithaca Municipal Code – the
Regulations for the Location of Off-Street Parking Spaces – Call
for Public Hearing
By Alderperson Blumenthal: Seconded by Alderperson Hershey
RESOLVED, that Ordinance 99 -_____ entitled “An Ordinance
Amending Section 325-20.C.(4) of Chapter 325 entitled “Zoning”
of the City of Ithaca Municipal Code - the Regulations for the
Location of Off-Street Parking Spaces” is introduced before the
Common Council of the City of Ithaca, New York, and be it
further
RESOLVED, the Common Council shall hold a public hearing in the
matter of the adoption of the aforesaid ordinance in the Common
Council Chambers, City Hall, 108 East Green Street, in the City
of Ithaca, on Wednesday, May 5, 1999, at 7:00 p.m., and be it
further
April 7, 1999
18
RESOLVED, that the City Clerk shall give notice of such public
hearing by the publication of a notice in the official newspaper
specifying the time when and the place where such public hearing
will be held, and in general terms describing the proposed
ordinance. This notice shall be published once at least fifteen
(15) days prior to the public hearing, and be it further
RESOLVED, that the City Clerk shall transmit forthwith to the
Tompkins County Planning Board and to the City of Ithaca
Planning and Development Board true and exact copies of the
proposed zoning ordinance for their reports thereon.
Carried Unanimously
ORDINANCE NO. 99 -____
NOW BE IT ORDAINED AND ENACTED by the Common Council of the City
of Ithaca, New York, as follows:
Section 1. The Municipal Code of the City of Ithaca, New York
Section 325-20.C.(4) of Chapter 325 entitled “Zoning” regulating
the Off-Site location of required Off-Street parking spaces, of
the City of Ithaca Municipal Code is hereby deleted and the
following language shall be substituted for the deleted
subsection:
(4) Location requirements.
[1] All parking spaces provided pursuant to this section
shall be on the same lot as the building, use or activity
that they serve, except that off-street parking for any use
may be located off-site on another lot or parcel other than
the lot or parcel on which the use is located or conducted
within the distance and use district limitations as
established by this subsection. The lot or parcel
containing the off-site parking area must be connected to
and accessible by vehicular traffic from a public street.
Off-site parking cannot be counted toward compliance with
the parking requirement for any other use except for those
uses which the building commissioner has determined shared
parking, as provided for in section 325-20.C.(5)(d), is
appropriate.
[2] Use district. An off-site parking area must be located
on a lot or parcel located in a zoning district in which
the use which requires the off-street parking is also a
permitted use as a matter of right. Any off-site parking
which is required for compliance with the parking
requirement for a use which is permitted by use variance
from the district regulations must also obtain a use
variance for the off-site parking area.
[3] Pedestrian passageway required. A pedestrian passageway
must connect the lots or parcels of both the use and the
off-site parking area. The pedestrian passageway must be a
public sidewalk meeting the standards for public sidewalks
or as otherwise approved by the Board of Public Works.
April 7, 1999
19
[4] Distance from use. The distance from the lot or parcel
containing the off-site parking area and the lot or parcel
containing the use which requires the off-site parking
shall be measured from parcel to parcel following and along
the pedestrian passageway that connects the off-site
parking area to the use. Pedestrian passageways that cross
a public street shall be measured in a way that only
crosses such streets at crosswalks or corner-curb aprons.
The maximum distances of the pedestrian passage way shall
vary by use and shall be no longer than as follows:
(a) For mercantile uses, off-site parking lots or
parcels must be within 250 feet of the lot or parcel
on which the use is conducted.
(b) For all other uses, off-site parking lots or
parcels must be within 500 feet of the lot or parcel
on which the use is conducted.
[5] All land which is used to provide off-site parking must
be restricted to that use only, for as long as the building
is occupied by the use which requires off-street parking or
until substitute parking, approved by the Building
Commissioner, is provided. Evidence of such off-site
parking shall be provided in the form of a recorded
covenant, long-term lease or comparable document that is
approved by the Building Commissioner.
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
20.3 Reprogramming $152,000 CDBG Funds – Resolution
By Alderperson Blumenthal: Seconded by Alderperson Farrell
WHEREAS, it is necessary to reprogram $112,000 of CDBG funds from
the third year increment of the 1996 multi-year award originally
earmarked for the “Shared Residence for Seniors” activity that
could not be implemented in a timely manner, and
WHEREAS, it is also necessary to reprogram $40,000 of CDBG funds
from the 1995 award originally earmarked for the “MHA/Northside
Park Road” activity that was completed with City of Ithaca funds
instead of CDBG funds, and
WHEREAS, the IURA held a public hearing on December 16, 1998 to
hear comments on uses for the CDBG funds to be reprogrammed and
recommended the funds be earmarked for State Theatre accessibility
renovations, house recycling of 108 Cleveland Avenue, and a
financial feasibility analysis for developing additional rental
housing units at Henry St. John building, now, therefore, be it
RESOLVED, that the Common Council hereby authorizes and directs
the Mayor to request approval from the U.S. Department of Housing
& Urban Development for the following amendments to the 1995 CDBG
Small Cities award and third year increment of the 1996 CDBG Small
Cities awards:
April 7, 1999
20
1. State Theater Accessibility Renovations: up to a $107,740
deferred loan to Historic Ithaca, Inc. to remove material
and architectural barriers that restrict the mobility and
accessibility of elderly or severely disabled persons at the
State theatre located at 117 West State Street, $40,000 of
such funding originated from the 1995 CDBG award and the
remaining $67,740 originating from the third year increment
of the 1996 CDBG multi-year award;
2. Ithaca Neighborhood Housing Services (INHS) House Recycling
of 108 Cleveland Avenue: up to a $40,260 deferred loan to
INHS to acquire a fire-damaged two-unit residential
structure for the purpose of rehabilitation and use or
resale for affordable residential use, such funding
originating from the third year increment of the 1996 CDBG
multi-year award; and
3. INHS Rental Housing Financial Feasibility Analysis: up to a
$4,000 grant to INHS to complete a financial feasibility
analysis of a proposal to construct new rental units at the
INHS-owned Henry St. John Building located at 301 South
Geneva Street, such funding originating from the third year
increment of the 1996 CDBG multi-year award, and be it
further
RESOLVED, that the Mayor, upon the advice of the Director of
Planning and Development and City Attorney, is authorized to
execute all necessary and appropriate documents to request
approval of these program amendments.
Carried Unanimously
20.4 (A) An Ordinance Amending Chapter 276, Section 276-6
entitled "Site Development Plan Review" of the City of Ithaca
Municipal Code, regarding Site Development Plan Review, Review
Criteria--Declaration of No Significant Environmental Effect
By Alderperson Blumenthal: Seconded by Alderperson Farrell
WHEREAS, an Ordinance amending sections 276, Section 276-6 "Site
Development Plan Review" of the City of Ithaca Municipal Code,
regarding Site Development Plan Review, Review Criteria has been
submitted to Common Council for consideration, and
WHEREAS, appropriate environmental review has been conducted,
and
WHEREAS, the proposed action is an "unlisted" action under the
State Environmental Quality Review Act, and is a Type I action
under the City Environmental Quality Review Ordinance, and
WHEREAS, it appears that the proposed action will not have a
significant effect on the environment; now, therefore, be it
RESOLVED, that this Common Council, as lead agency in this
matter, hereby does adopt as its own the findings and
conclusions more fully set forth on the Short Environmental
Assessment Form dated March 5, 1999 and be it further
RESOLVED, that this Common Council, as lead agency, hereby does
determine that the proposed action at issue will not have a
significant effect on the environment, and that further
April 7, 1999
21
environmental review is unnecessary under the circumstances, and
be it further
RESOLVED, that this resolution shall constitute notice of this
negative declaration, and the City Clerk be, and hereby is,
directed to file a copy of the same, together with the
attachment, in the City Clerk's Office and forward the same to
any other parties as required by law.
Carried Unanimously
20.4 (B) An Ordinance Amending Chapter 276, Section 276-6
entitled "Site Development Plan Review" of the City of Ithaca
Municipal Code, regarding Site Development Plan Review
By Alderperson Blumenthal: Seconded by Alderperson Farrell
ORDINANCE NO. 99 - _______
BE IT ORDAINED AND ENACTED by the Common Council of the City of
Ithaca, New York, as follows:
Section 1. Section 276-6. Review Criteria, G. of the City of
Ithaca Municipal Code is hereby amended to read as follows:
G. Review Criteria
The project shall provide for adequate types and arrangements of
landscaping, both to enhance the site and to complement the
architectural components of the development and to screen or
buffer adjacent uses in public ways. Where possible and
reasonable, trees shall be planted in a strip adjacent to the
road. The City Forester shall, when appropriate, be consulted
regarding specifications governing tree species, size, spacing
and method and location of planting. Appropriate guaranties for
tree health may be required. Where possible and reasonable, any
trees greater than ten (10) inches in diameter at breast height
of desirable species and in good health and sound structure, as
determined by the City Forester, should be retained on the site
and protected during development per the requirements of §306-7B
of Chapter 306, Trees and Shrubs. [Amended 12-5-1990 by Ord.
No. 90-16]
(1) Deciduous trees shall have at least a two- to three-inch
caliper at the time of planting. Size of evergreen trees and
shrubs shall be allowed to vary depending on location and
type of plant material (species).
(2) Only nursery grown plant materials shall be acceptable. All
trees, shrubs, and ground covers shall be planted according
to the accepted standards of the American Association of
Nurserymen.
(3) Dead, dying and/or seriously damaged plant materials shall
be replaced within a reasonable time period during the
current (or immediate next) planting season, by the owner
when notified by the City that replacement is needed. This
will assure that landscaping remains in compliance with the
Final Site Plan as approved by the Planning and Development
Board.
Not withstanding anything to the contrary, an approved site plan
may not be modified without express written approval of the
Planning and Development Board.
April 7, 1999
22
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.
Alderperson Marcham noted that this Ordinance has stricter
requirements than the City uses for street trees.
Alderperson Shenk stated that the City has a special way of
planting that is more successful for smaller trees.
Alderperson Blumenthal stated that the City makes an effort to
water the trees and ensure they survive.
Carried 9-0
Alderperson Sams was absent during the vote
20.5. Economic Development Plan – Report
Alderperson Blumenthal stated that the Planning Department
agreed in principle with the direction that the plan proposes.
21. NEW BUSINESS
21.1 Dano’s Alcohol Permit Request
By Mayor Cohen: Seconded by Alderperson Hershey
WHEREAS, in 1998 the City of Ithaca issued a license to Dano’s
Restaurant allowing that restaurant to utilize certain areas along
Cayuga Street 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
Primary and Secondary Commons, including outdoor dining, and
WHEREAS, it is Common Council’s responsibility to determine
whether or not to allow the serving and consumption of alcohol on
the Primary and Secondary Commons, and
WHEREAS, Common Council has determined that the use of this public
property for outdoor dining at Dano’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, Common Council hereby approves a
revocable Alcoholic Beverage Permit for the outdoor sale and
consumption of alcohol for Dano’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 the approval of an outdoor dining
permit.
Carried Unanimously
21.2 Appointment of Alternate to the Board of the Ithaca
Downtown Partnership
April 7, 1999
23
By Alderperson Hershey: Seconded by Alderperson Spielholz
RESOLVED, That Susan Blumenthal be appointed as Ed Hershey’s
alternate to the Board of the Ithaca Downtown Partnership.
Carried Unanimously
Mayor Cohen thanked City Controller Cafferillo for his two years
of service on the Ithaca Downtown Partnership. City Controller
Cafferillo had nominated Ed Hershey to replace him on the Ithaca
Downtown Partnership Board.
City Controller Cafferillo then handed out and explained the
budget program and procedure for the year 2000. They are
focusing on the years 2000-2004. The perimeters used for
expenditures show approximately a 2% growth factor going
forward. One of the primary adjustments made related to the 1999
budget’s significant revenues from Cornell’s building permits.
He also adjusted the budget to take out a few large, onetime
expenses made in 1999, for example two large pieces of capital
equipment and a $250,000 allocation for roads and streets. Two
final figures are shown: one without a property tax increase,
and one with a tax increase. The tax base remains flat in his
figures. The debt is projected based on the current average
issuance per year. He then explained the impact of retirement
payments on the debt.
Mayor Cohen stated that any potential benefits that the City
might gain from developments such as the Southwest Development
area are not included.
City Controller Cafferillo stated that on the revenue side,
property tax is projected to increase, sales tax revenue is
projected to grow at 2%, and there are many other unknown
elements at this point. The City’s financial condition remains
stable. They are having problems with their ability to fund
activities they have agreed to provide, but the operating budget
is stable.
EXECUTIVE SESSION
By Alderperson Vaughan: Seconded by Alderperson Marcham
RESOLVED, That Common Council adjourn into Executive Session to
discuss collective bargaining issues and a potential litigation
issue.
Carried Unanimously
REGULAR SESSION
Common Council reconvened into regular session at 11:20 P.M.
with no items brought forth.
ADJOURNMENT:
On a motion the meeting adjourned at 11:20 P.M.
________________________ _______________________
Julie Conley Holcomb, CMC Alan J. Cohen,
City Clerk Mayor