HomeMy WebLinkAboutMN-CC-1999-06-02
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COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 7:00 P.M. June 2, 1999
PRESENT:
Mayor Cohen
Alderpersons (10) Shenk, Sams, Blumenthal, 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
City Chamberlain – Parsons
Human Resources Director – Michell-Nunn
Fire Chief - Wilbur
EXCUSED:
Alderperson Marcham
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
Delete item 17.8 - Fire Department - Request for Fire Alarm
Cable Funding - Possible Resolution
Planning and Development
Delete item 19.2 - An Ordinance Amending Chapter 325, Section
325-4 entitled “Establishment of Zoning Districts” of the City
of Ithaca Municipal Code - Declaration of No Significant
Environmental Effect
Executive Session
Add Item 17.16 - Personnel Item
Add Item 17.17 – Appointment of Deputy Chief of Ithaca Police
Department
New Business:
The Department of Transportation will report on the Fulton
Street changes.
Presentation of Board of Fire Commissioners Annual Award
Board of Fire Commissioners Chair Robert Romanowski and Fire
Chief Wilbur thanked Council for the opportunity to recognize
this person for what he has done. Board of Fire Commissioners
Vice Chair Paul Alexander then read the citation. On April 25,
1997, Shawn Flynn was dispatched to a medical emergency call
involving an infant choking. While en route to the call,
additional information was received that the infant was not
breathing. Upon arrival of Engine One, the mother thrust the
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infant into Shawn Flynn’s hands, who took immediate action,
clearing the infant’s airway and dislodging the blockage. Upon
arrival of the ambulance, the infant, accompanied by Shawn
Flynn, was transported to Cayuga Medical Center, where the
airway obstruction was removed by a medical team in the
Emergency Room. The infant fully recovered. Then, on December
11, 1998, Shawn Flynn was part of a crew dispatched to a report
of a woman choking. Upon arrival, as one firefighter retrieved
the EMS gear, he directed Shawn Flynn to check out the situation
in the house. When the other firefighter got inside the house,
Shawn Flynn was already performing the Heimlich maneuver on the
84-year-old woman. He then cleared the woman’s airway. The woman
then became stable and responsive, and was transported to Cayuga
Medical Center for observation. It was reported that Shawn
Flynn’s rapid and decisive actions saved the woman’s life. She
was very frail and could not have held out much longer without
expiring. Over the last five years as a career firefighter with
Ithaca Fire Department, Shawn Flynn has become an invaluable
member to the department in many ways. The two situations cited
are shining examples of what every firefighter strives to do,
and that is to save lives. They then presented the 1998 Board of
Fire Commissioners annual award for exceptionally meritorious
service to Ithaca Fire Department firefighter Shawn Flynn.
Mayor Cohen then expressed Council’s thanks and gratitude and
congratulated Shawn Flynn, and acknowledged that Shawn is not
only a firefighter, but he also works with Bangs Ambulance.
Public Hearing to Consider an Ordinance Amending Section 325-3
of Chapter 325 Entitled “Zoning” Repealing Section 210-8 of
Chapter 210 Entitled “Housing Standards of the City of Ithaca
Municipal Code”
Resolution to Open Public Hearing
By Alderperson Taylor: Seconded By Alderperson Shenk
RESOLVED, That the public hearing to consider an ordinance
amending Section 325-3 of Chapter 325 repealing Section 210-8 of
Chapter 210 be declared open.
Carried Unanimously
Alderperson Blumenthal stated that this Ordinance has to do with
the occupancy section of the housing code. It would adjust the
definition of “sleeping room” and the occupancy regarding
unrelated people.
No one appeared to address Council.
Resolution to Close Public Hearing
By Alderperson Vaughan: Seconded By Alderperson Hershey
RESOLVED, That the public hearing to consider an ordinance
amending Section 325-3 of Chapter 325 repealing Section 210-8 of
Chapter 210 be declared closed.
Carried Unanimously
YOUTH AWARD:
Alderpersons Vaughan and Blumenthal presented the Youth Award to
the Volunteer Community Service Project, which is sponsored by
the Learning Web. The Volunteer Community Service Project is a
program of the Learning Web and the Joint Youth Commission of
Tompkins County. Participation in this project is offered to
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Boynton Middle Schoolers each fall semester and to Dewitt Middle
Schoolers each spring semester. The group meets after school
once a week, and offers youth the opportunity to participate in
volunteer projects that benefit their community. Both of this
school year’s groups learned and accomplished a good deal.
Boynton’s fall semester volunteer community service project
members participated in service projects at the Reconstruction
Home and at the SPCA. The students spent a good deal of time
coordinating a school wide effort to collect relief kits for
victims of Hurricane Mitch with Ms. Parker’s Social Studies
classes. The Boynton group also collectively wrote and recorded
a public service announcement entitled “If We Were in Charge of
the World” for airplay on local radio stations. This spring’s
Dewitt volunteer community service project members have also
been busy. They have completed service projects at the Samaritan
Center and the Reconstruction Home. They have also planned a
mural for the Woman’s Community Building, with a local artist,
Anne Marie Zwack. In doing this, they have learned more about
our community and influential women in history. They will also
be reading to and playing games with young children at GIAC,
helping with the Ithaca Festival this weekend, and serving at
the SPCA before school lets out in June. The Learning Web
appreciates the support it receives from the public, and for the
opportunity to serve and learn from the community. Alderperson
Blumenthal would also like to acknowledge and give credit to Jen
Johnson, who is the Youth Works coordinator at the Learning Web,
and to Maya Roth, an Ithaca College Senior who has been an
intern on this project during the school year.
Alderperson Blumenthal then presented the students with a
certificate, a check for twenty dollars from the City of Ithaca,
a case of Snapple, T-shirts from Mike Harvey’s SuperGold, and
listed the students’ names.
A tape of the Public Service Announcement was then played.
MAYOR'S APPOINTMENTS:
By Alderperson Blumenthal: Seconded by Alderperson Hershey
RESOLVED, That Mary Zebell be appointed to the Commission on
Public Art and Design with a term to expire June 30, 2001.
Carried Unanimously
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
Joel Harlan, Town of Dryden, spoke in favor of Cornell
University’s North Campus Project because Ithaca needs
development and progression and progress cannot be stopped
because of money.
Susanne Davis, City of Ithaca, spoke in favor of Building
Support for Diversity training. Besides encouraging diversity,
it also allows for collegiate support.
Fay Gougakis, City of Ithaca, spoke in support for the Wellness
Center. However, she does not want it to be on West End, but
rather where the library is.
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COMMUNICATIONS FROM THE MAYOR:
There will be a demonstration of truck scales on June 3, 1999
from 12:30 to 1:30 at Cass Park behind the rink.
REPORT OF THE CITY ATTORNEY
The Drug Conviction Ordinance was ruled on by the City Court.
The Ordinance had been challenged on behalf of a tenant on the
basis that it was pre-empted by state law and was
unconstitutional. The City Court upheld the Ordinance and ruled
that it was not pre-empted by state law. The tenant appealed to
the Tompkins County Court and the appeal is now pending and all
papers need to be submitted and argued by the end of this week
so they expect a decision fairly soon from the County Court.
From that level, further appeals are possible to the appellate
division. The City applied to the County Court to be able to
intervene in this action as a party. The landlord in this
particular situation who brought the original petition indicated
that they were not interested in taking any position on the
constitutionality of the Ordinance for that reason. In
particular, the City asked to be made a party so that they can
defend the Ordinance. The County Court granted that application
so the City is now a party to this appeal and they should have
an update on the result of the County Court appeal by the next
meeting.
REPORT OF CITY BOARDS, COMMISSIONS AND COMMITTEES:
Board of Fire Commissioners
Cynthia Yahn stated that four new firefighters have been hired
as well as a new hire to replace a retiring firefighter. The MOU
between the City and the Town related to the new firefighter
positions has been executed. They are in the process of a study
regarding the funds from the sale of #75 to complete renovations
at Central Fire Station. There is a strategic planning committee
which has started work on developing a strategic planning study
of the Ithaca Fire Department in cooperation with the Town of
Ithaca to address the escalating cost concerns that the Town has
regarding fire protection. This committee is considering methods
that might be used to stabilize costs without sacrificing
service, quality, or quantity. An arson task force is being
developed between the Ithaca Fire Department and the Ithaca
Police Department. The trench rescue trailer acquired as part of
this project is outfitted and is currently being stored behind
Central Fire Station and will remain there during the duration
of the Lake Source Cooling project. Review sessions are being
held monthly for the City disaster management plan. The Fire
Department believes that the relocation of two of the City’s
firehorns is necessary. This is a change in the use of the
horns. They had been used to alert firefighters in the past. Now
they will become one component of a community disaster warning
system. The horn at Water and Sewer on First Street will be
moved to the Streets and Facilities Building on Pier Road. The
horn at the old Triangle Steel building at Clinton and Cherry
Streets has been inactive since that business closed and needs
to be relocated and site investigations are underway. The new
LTI tower and ladder truck has been delivered. Training is
underway and it will be in service soon.
June 2, 1999
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Board of Public Works
Vice Chair Ehrhardt stated that the Roller Sports Park
construction has resumed. Elm Street reconstruction has two more
weeks to go. Truck Route signage is still going up and there is
no set date from the Department of Transportation to meet with
Dan Cole, Alderperson Farrell and himself for the City to make
some recommendations as to where to place the signage along the
State Highways. The contract went out two weeks ago to
consultants to advise the Board of Public works on the Elmira
Road/Spencer Street/Albany reconstruction. They have not done
those recommendations yet. Bicycle Routes will be publicized for
a public hearing to directly give notification to property
owners along proposed routes. The Ithaca Downtown Partnership
asked for a resolution to do some cleanup and maintenance on The
Commons prior to the Ithaca Festival.
CONSENT AGENDA ITEMS:
16.1 G.I.A.C. – Request to Amend 1999 Budget
By Alderperson Vaughan: Seconded by Alderperson Spielholz
WHEREAS, the Greater Ithaca Activities Center (G.I.A.C.) has
been advised by the Ithaca City School District that the City
will be receiving a grant in the amount of $28,165 to support
and expand the work that has been done through the Twenty-first
Century Grant – A Bridge Across Cultures, and
WHEREAS, the funds will be used to provide a Summer Camp for
children in the Title One Summer School at Fall Creek Elementary
School; now, therefore, be it
RESOLVED, That Common Council hereby amends the 1999 GIAC Budget
as follows:
Increase Revenue Account:
A7311-3820-1101 State Aid Youth $28,165
Increase Appropriation Accounts:
A7311-5120-1101 P/T Seasonal 22,901
A7311-5460-1101 Program Supplies 2,463
A7311-9030-1101 Social Security/Medicare 1,752
A7311-9040-1101 Workers’ Compensation 1,049
Carried Unanimously
16.2 Police Department – Request to Amend Budget for Grant
By Alderperson Vaughan: Seconded by Alderperson Spielholz
WHEREAS, the Police Department has been notified that they will
receive an anonymous grant in the amount of $32,000 for support of
their Tactical Service Program, and
WHEREAS, the grant funds will be used to purchase radios and other
equipment to be used with the department’s Tactical Support Unit;
now, therefore, be it
RESOLVED, That Common Council hereby amends the Police
Department’s 1999 Budget by an amount not to exceed $32,000 for
said grant, and be it further
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RESOLVED, That the City Controller is hereby authorized to amend
the 1999 Budget for said grant as necessary.
Carried Unanimously
16.3 DPW – Request to Hire Above Minimum for Automotive Mechanic
By Alderperson Vaughan: Seconded by Alderperson Spielholz
RESOLVED, That Howard D. Ellis, Jr. be appointed to the position
of Automotive Mechanic at an hourly rate of $10.50 for 40 hours
per week, that being above minimum grade 28 of the CSEA D.P.W.
Unit, effective June 7, 1999.
Carried Unanimously
16.4 DPW – Request to Hire Above Minimum for Automotive Mechanic
By Alderperson Vaughan: Seconded by Alderperson Spielholz
RESOLVED, That Michael J. English be appointed to the position of
Automotive Mechanic at an hourly rate of $10.50 for 40 hours per
week, that being above minimum grade 28 of the CSEA D.P.W. Unit,
effective June 7, 1999.
Carried Unanimously
16.5 Water/Sewer – Request to Extend Personal Service Contract
By Alderperson Vaughan: Seconded by Alderperson Spielholz
WHEREAS, Common Council approved at its regular meeting December
2, 1998, an engineering and construction management services
contract at Water and Sewer for Eric Whitney for the period
December 7, 1998 to June 7, 1999, and
WHEREAS, the Water and Sewer Division requests an extension of the
contract to December 31, 1999 at the same $20.20 hourly rate, and
WHEREAS, the current heavy workload in the Water and Sewer
Division related to Cornell Lake Source Cooling, regional water
and sewer engineering efforts, Ithaca High School renovations and
overall City development have increased the need for specialized
and experienced manpower to maintain the overall operations of the
division; now, therefore, be it
RESOLVED, That Common Council hereby authorizes the Superintendent
of Public Works to extend the independent contract for engineering
and construction management services with Eric Whitney for a
period from June 8, 1999 to December 31, 1999, to be reimbursed at
a rate of $20.20 per hour, for a total contract extension not to
exceed $24,500, and be it further
RESOLVED, That the funds for said contract shall be derived from
Water and Sewer Capital Projects 506 and 606.
Carried Unanimously
16.6 Water/Sewer – Request to Extend Personal Service Contract
By Alderperson Vaughan: Seconded by Alderperson Spielholz
WHEREAS, Common Council approved at its regular meeting December
2, 1998, an on-site AutoCAD training service contract at Water and
Sewer and other City departments for Michael O’Cello for the
period January 1, 1999 to June 30, 1999, and
WHEREAS, the Water and Sewer Division requests an extension of
that contract to December 31, 1999 at the same $18.00 hourly rate,
and
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WHEREAS, the current heavy workload in the Water and Sewer
Division related to Cornell Lake Source Cooling, regional water
and sewer engineering efforts, Ithaca High School renovations and
overall City development have increased the need for specialized
and experienced manpower to maintain the overall operations of the
division; now, therefore, be it
RESOLVED, That Common Council hereby authorizes the Superintendent
of Public Works to extend the independent contract for on-site
AutoCAD training with Michael O’Cello for a period from July 1,
1999 to December 31, 1999 to be reimbursed at a rate of $18.00 per
hour, for a total contract extension not to exceed $9,360, and be
it further
RESOLVED, That the funds for said contract shall be derived from
Water and Sewer operating accounts and Capital Project #506.
Carried Unanimously
16.7 Planning Department – Request to Approve Redesign of City Web
Page
By Alderperson Vaughan: Seconded by Alderperson Spielholz
WHEREAS, the City has established a Web Page which has not been
updated to account for the changing web development technology
currently available, and
WHEREAS, the City has an opportunity to begin the process of
developing a professional web site which would increase employee
efficiency, improve service to residents and better market the
City for economic development at an estimated cost of $14,600, and
WHEREAS, the City web site development would consist of City
personnel and hired contractors/interns, hardware upgrades, and
overseeing the site would be a web team consisting of 4-6 staff
members who would work with City staff and committees to design
and implement the web site; now, therefore, be it
RESOLVED, That Common Council hereby approves the development of a
professional City web site at a cost not to exceed $14,600, and be
it further
RESOLVED, That the sources of funds will be derived from the
following accounts:
$ 250.00 Capital Project #211
10,750.00 A8020-5225
3,600.00 A8020-5435
$14,600.00
Carried Unanimously
REGULAR AGENDA ITEMS:
BUDGET AND ADMINISTRATION COMMITTEE:
17.1 Common Council – Approval of Land Acquisition and MOU
By Alderperson Manos : Seconded by Alderperson Vaughan
WHEREAS, the City has determined the need to acquire two parcels
of land on Five Mile Drive, 31-2.-5 and 31-2.-6, as part of the
Acquisition of Substitute Parklands for the Southwest Park
Alienation Process, and
June 2, 1999
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WHEREAS, the Planning Department is recommending the acquisition
of said parcels of land at a cost of $20,000.00; now, therefore,
be it
RESOLVED, That Common Council hereby authorizes the Mayor to sign
a Memorandum of Understanding between the City of Ithaca and the
Town of Ithaca for the purchase of two parcels of land, 31-2.-5
and 31-2.-6, at a cost not to exceed $20,000.00 and execute any
other agreements necessary to acquire the land subject to the
approval of the City Attorney, and be it further
RESOLVED, That the funds to purchase said land shall be derived
from Capital Project #291 Acquisition of Substitute Parklands.
Carried Unanimously
17.2 Common Council – Request Funds for Joint Diversity Initiative
Proposal
By Alderperson Manos : Seconded by Alderperson Shenk
WHEREAS, the County Board of Representatives, the Ithaca City
School Board of Education and the City of Ithaca Common Council
are interested in participating in joint training sessions for
elected officials for developing diversity leadership skills and
practices, and
WHEREAS, the overall cost of the three 5-hour training sessions
will be $11,100 with the City’s share of the cost at $3,700, and
WHEREAS, the training sessions, which will be held in June,
September and November, 1999, will focus on various diversity
issues, skills and practices; now, therefore, be it
RESOLVED, That Common Council hereby approves the City’s
participation in said Joint Diversity Training Sessions and that
an amount not to exceed $3,700 be transferred from account A1990
Unrestricted Contingency to account A1010-5440 Legislative Staff
Training for the purposes of participating in the Joint Diversity
Training Sessions.
Carried Unanimously
17.3 Common Council – Request to Amend Budget for Stewart Park
Carousel Operations
By Alderperson Manos : Seconded by Alderperson Shenk
WHEREAS, Common Council has reviewed a proposal from Challenge
Industries to operate the Stewart Park Concession and Carousel,
and
WHEREAS, it has been determined that based on the proposal that
the City can operate the Stewart Park Carousel at a more effective
cost for the 1999 season than can Challenge Industries, and
WHEREAS, based on financial analysis of the Stewart Park
Concession, the City cannot operate the concession without a large
operating subsidy; now, therefore, be it
RESOLVED, That Common Council hereby rejects Challenge Industries’
proposal to operate the Stewart Park Concession and Carousel, and
be it further
June 2, 1999
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RESOLVED, That Common Council hereby amends the 1999 DPW Budget,
to reflect the DPW operation of the Stewart Park Carousel with
1999 ride prices at $.50 per ride, as follows:
Increase Revenue Account:
A7112-2015 Carousel $16,490
Increase Appropriation Accounts:
A7112-5120 P/T Hourly 7,700
A7112-5410 Utilities 400
A7112-5425 Office Expense 600
A7112-5455 Insurance 1,200
A7112-5460 Program Supplies 500
A7112-5476 Maintenance 5,000
A7112-9030 Social Security 590
A7112-9040 Workers’ Compensation 500
And be it further
RESOLVED, That Common Council hereby authorizes the Controller’s
Office and DPW to put out for bid the Stewart Park Concession
Operation for 1999, and if no reasonable bids are received, the
Stewart Park Concession will not be operated for 1999, and be it
further
RESOLVED, That the Controller’s Office be authorized to begin
negotiations with Challenge Industries and any other community
organizations for possible operation of the Stewart Park
Concession and Carousel in 2000.
Carried Unanimously
17.4 Finance/Controller – Request to Release Funds from Restricted
Contingency for Gorge Rangers
By Alderperson Manos : Seconded by Alderperson Vaughan
WHEREAS, Common Council placed $2,560 in the 1999 Restricted
Contingency account for an increase in funding for the Six Mile
Creek Gorge Rangers, and
WHEREAS, Natural Areas Commission (NAC) is requesting that the
Restricted Contingency Funds be released to increase the hours of
the gorge rangers for the 1999 season; now, therefore, be it
RESOLVED, That Common Council hereby approves the release of an
amount not to exceed $2,560 from account A1990 Restricted
Contingency and the transfer of these funds to account A7113-5120
P/T for the purposes of increasing the hours of the City’s gorge
rangers.
Carried Unanimously
17.5 City Clerk – Request to Re-format Code Books
By Alderperson Manos : Seconded by Alderperson Sams
WHEREAS, the City Clerk has received a proposal from General Code
Publishers to publish the 1998 legislation, re-format the City
Code to 8-1/2 x 11”, and revise and update both indexes for a cost
of $20,000, and
WHEREAS, it is the consensus of Senior Staff to re-format the Code
June 2, 1999
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as proposed, and
WHEREAS, the code project will be done over the next two years
requiring $11,000 in funds to be placed in the legislative budget
for the year 2000; now, therefore, be it
RESOLVED, That Common Council hereby approves the City Code
project to update 1998 legislation, indexes, and re-formatting of
the code to 8-1/2 x 11” at a cost of $20,000 to be completed over
the next two years, and be it further
RESOLVED, That Common Council hereby directs the Mayor to include
in his 2000 Budget an additional $11,000 in funds in account
A1010-5435 over and above the normal $8,000 in the account for
annual legislative update for the purposes of completing the City
Code re-formatting project.
Carried Unanimously
17.6 Planning Department – Approval to Submit Request for Renewal
for a Cable Franchise
By Alderperson Manos : Seconded by Alderperson Vaughan
WHEREAS, the Common Council, on May 4, 1998, authorized the Mayor
to enter into a contract with Rice, Williams Associates of
Washington, DC to assist the City in matters related to the City’s
cable franchise agreement with Time Warner Cable, and
WHEREAS, the Ithaca Area Cable Consortium consisting of eleven
municipalities in Tompkins County, including the City of Ithaca,
was formed for the purpose of jointly negotiating a contract with
Time Warner Cable, and
WHEREAS, in preparation for the Request for Renewal Proposal for
submission to Time Warner Cable, Rice, Williams Associates worked
with the consortium to conduct a community needs assessment of the
cable system, and
WHEREAS, the needs assessment process included two public
hearings, two task force reports, a consumer and organizational
survey, and a financial and technical audit of Time Warner’s cable
system, and
WHEREAS, each member of the Ithaca Area Cable Consortium must deem
the Request for Renewal Proposal adequate for submission to Time
Warner Cable; now, therefore, be it
RESOLVED, That the Common Council and the Mayor hereby deems the
Request for Renewal Proposal, prepared by Rice, Williams
Associates, adequate for submission to Time Warner Cable.
Carried Unanimously
17.7 Youth Bureau – Request to Extend Recreation Partnership
Agreement for One Year
By Alderperson Manos : Seconded by Alderperson Spielholz
WHEREAS, the Recreation Partnership Agreement expires December 31,
1999, and
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WHEREAS, the intermunicipal committee of elected officials has
requested an extension of the Recreation Agreement for an
additional one year while the committee develops a long-range cost
sharing agreement, and
WHEREAS, the agreement extension would maintain the financial
contributions of the participating municipalities at the current
levels with no changes in program terms through the year 2000;
now, therefore, be it
RESOLVED, That Common Council hereby approves the one-year
extension of the Recreation Partnership Agreement through December
31, 2000 at current financial levels and terms.
Carried Unanimously
17.9 Finance/Controller – Request Funds for Contract Extension
By Alderperson Manos : Seconded by Alderperson Vaughan
WHEREAS, the City of Ithaca is taking all possible steps to insure
that its equipment meets a broad definition of Y2K compliancy, and
WHEREAS, the City instituted a capital project, CP #370, to
replace or upgrade all non-Y2K compliant computer workstations,
and
WHEREAS, the work on this replacement and upgrade project has been
proceeding for the past months, and
WHEREAS, the project manager has determined that the services of
Robert Camacho, the workstation configuration, upgrade and
replacement technician, are required for a longer period than was
originally expected; now, therefore, be it
RESOLVED, That the City’s contract with Robert Camacho be extended
for two and one-half months, until August 31, 1999, from its
original termination date of June 18, 1999, and be it further
RESOLVED, That the City increase Capital Project #370 by an amount
not to exceed $4,623 for said technical service personal contract
extension, and be it further
RESOLVED, That the funds necessary for said contract extension
shall be derived by the issuance of Serial Bonds.
Carried Unanimously
17.10 Mayor – Request to Establish Committee for Information
Technology Services
By Alderperson Manos : Seconded by Alderperson Vaughan
WHEREAS, as the City grows more dependent upon computer technology
in its daily operations, the establishment of an Information
Services Department becomes an increasing priority, and
WHEREAS, the City has made significant investments in its computer
infrastructure over the past four years, and if the City is to
reap the benefits of this investment, we must be able to provide
the leadership, support, and training that our internal and
external users need to be efficient and productive, and
June 2, 1999
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WHEREAS, it has been recommended that a committee be established,
comprised of City staff and elected officials, to develop, study
and evaluate various models of an Information Services Department
in the City; now, therefore, be it
RESOLVED, That Common Council hereby directs the Mayor to
establish a committee to develop, study and evaluate Information
Services Department models and to make a recommendation to the
Mayor and Common Council on a staffing alternative and the setting
of tasks to be accomplished which will best meet the City’s long-
range technology goals, and be it further
RESOLVED, That Common Council recognizes the potential significant
financial implications that the establishment of said department
may have on the City.
Mayor Cohen stated that rather than appoint the committee, he felt
it was the better course of action, to have Council recognize and
buy into the concept without any commitment from Council on a
price tag right now, but to simply recognize what their technology
needs are, to understand what the possible alternatives are, and
take the important step of doing the analysis before coming forth
with a recommendation.
Alderperson Vaughan stated that the committee is suggested to be
made up of both staff members and managers, so it is not a
committee just of computer users, but also people with a
management orientation and including someone(s) from Common
Council.
Carried Unanimously
17.11 Common Council – Approval of PBA Contract
By Alderperson Manos : Seconded by Alderperson Shenk
RESOLVED, That the agreement between the City of Ithaca and the
Ithaca Police Benevolent Association for a new two-year contract
agreement commencing January 1, 1998, and expiring on December 31,
1999, be approved subject to final review by the negotiating team.
Ayes: (8) Manos, Shenk, Hershey, Farrell, Spielholz, Blumenthal,
Vaughan, Taylor
Abstention: (1) Sams
Carried
17.12 Planning Department – Resolution Authorizing the Mayor to
Sign a Consultant Contract for Preparation of a Final
Environmental Impact Statement and Statement of Findings for
Cornell North Campus Residential Initiative
By Alderperson Manos : Seconded by Alderperson Blumenthal
RESOLVED, That the Mayor be and hereby is authorized to enter into
a contract with a qualified consultant for preparation of the
Final Environmental Impact Statement and Statement of Findings for
the North Campus Residential Initiative, subject to an agreement
with Cornell University that the University will reimburse the
City for all costs for preparation of the FEIS and Findings
Statement, and further subject to the approval of the Director of
Planning and Development, the City Attorney, and the City
Controller, and be it further
June 2, 1999
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RESOLVED, That Common Council hereby authorizes the Controller to
make all necessary budget amendments related to said consultant
contract.
Ayes: (8) Manos, Shenk, Sams, Farrell, Spielholz, Blumenthal,
Vaughan, Taylor
Abstention: (1) Hershey
Carried
17.13 Common Council – Community Service Agency Grant Interviews -
Report
Alderperson Manos stated that the interviews will be Thursday,
July 15, from 4 P.M. to 7 P.M.
17.14 Common Council – Managerial Pay Raise Subcommittee - Report
Managerial Pay Raise Requests
By Alderperson Manos : Seconded by Alderperson Hershey
WHEREAS, on March 4, 1998 Common Council instituted a policy for
reviewing requests for increases in salary by managerial staff,
and
WHEREAS, as a part of this process, the Managerial Pay Raise Sub-
committee was formed to review the requests received, and
WHEREAS, the Human Resources Committee has formed a sub-committee
to hire and work with a consultant to develop an objective,
equitable system for establishing and maintaining a valid,
defensible management compensation plan; now, therefore, be it
RESOLVED, That no action be taken on the applications for salary
increases by managerial staff until the work of the managerial
compensation committee is completed, and be it further
RESOLVED, That should any increases in salary be recommended in
the new managerial compensation plan for staff members who applied
for review in 1999, approved increases shall be retroactive to
July 1, 1999.
Carried Unanimously
The RFP was then distributed.
17.15 Common Council – Y2K Server Upgrades – Report
Alderperson Manos stated that city staff, Alderperson Vaughan, and
the Computing Center are developing a proposal for upgrade and
possible replacement of the eight (8) servers in City Hall to be
Y2K compliant. The cost of this project has not been fully
developed. This item was not made part of the original $230,000.00
Y2K project. When the cost and recommendations are established,
the item will be brought to the Budget and Administration
Committee, probably at the June meeting.
Alderperson Vaughan stated that they will probably need to replace
four (4) of the servers, and upgrade the other four (4).
June 2, 1999
14
17.17Appointment of Deputy Police Chief
By Alderperson Spielholz: Seconded by Alderperson Vaughan
RESOLVED, That Lauren Signer be provisionally appointed to the
position of Deputy Police Chief at a 1999 annual salary of $62,664
effective July 6, 1999, and be it further
RESOLVED, That the Deputy Police Chief position is assigned to the
Management Compensation Plan.
Ayes: (8) Manos, Shenk, Hershey, Farrell, Spielholz, Blumenthal,
Vaughan, Taylor
Abstention: (1) Sams
Carried
19. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE:
19.1 An Ordinance Amending Section 325-4 the “Establishment of
Zoning Districts” of Chapter 325 entitled “Zoning” of the City
of Ithaca Municipal Code -- Call for Public Hearing
By Alderperson Blumenthal: Seconded by Alderperson Manos
RESOLVED, that Ordinance 99 -_____ entitled “An Ordinance
Amending Section 325-4 the “Establishment of Zoning Districts”
of Chapter 325 entitled “Zoning” of the City of Ithaca Municipal
Code” 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, July 7, 1999 at 7:00 p.m., and be it
further
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 325-4, the list of zoning districts of Chapter 325
entitled “Zoning,” shall be amended by renaming the MH-1
district as follows:
MH-1 Residential - Mobile Home
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.
June 2, 1999
15
An Ordinance Amending Chapter 325, Section 325-4 entitled
"Establishment of Zoning Districts" of the City of Ithaca
Municipal Code-Declaration of No Significant Environmental
Effect
WHEREAS, an Ordinance amending Section 325-4 "Establishment of
Zoning Districts" of the City of Ithaca Municipal Code, 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 May 27, 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
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.
19.3 An Ordinance Amending Section 325-3 and 325-8, and Adding a
New Section of Chapter 325 entitled “Zoning” of the City of
Ithaca Municipal Code Regarding Adult Use Businesses -- Call for
Public Hearing
By Alderperson Blumenthal: Seconded by Alderperson Vaughan
RESOLVED, that Ordinance 99 -_____ entitled “An Ordinance
Amending Section 325-3 and 325-8 and Adding a New Section of
Chapter 325 entitled “Zoning” of the City of Ithaca Municipal
Code Regarding Adult Use Businesses” 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, July 7, 1999 at 7:00 p.m., and be it
further
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
June 2, 1999
16
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.
Alderperson Blumenthal stated they are proposing a nine (9)
month moratorium in order to do a thorough assessment and to
implement any legislation. A three (3) month extension would be
possible but the goal is to finish within nine (9) months.
Discussion followed on the floor regarding procedures, such as
the passage of local law, study, and committee passage.
Alderperson Hershey asked why Council cannot use comparable
studies, such as the Stringfellow issue, for secondary effects?
City Attorney Geldenhuys stated that there are no similar
situations with other communities and conditions. She stated
that the preliminary estimates are $5,000.00 for the study and
an additional $1,500.00 for assistance in drafting the
legislation.
Carried Unanimously
19.4 Renewing the Design of the Ithaca Commons – Report
Alderperson Blumenthal stated that the Commons Re-Design
Committee made a presentation to the Planning Committee about
whether or not the Commons ought to remain as a pedestrian mall.
Lots of compromises were made but they feel confident about the
final product and report. They spoke about the next steps, and
the primary concern was developing some cost estimates for how
much the recommendations would entail before making any
decisions for priorities. The recommendations fall into two
categories: physical improvements and maintenance items. The
physical improvements would likely be done with capital project
funds, and the maintenance items might be done through the
Department of Public Works. The Committee will review cost
estimates and proceed from there.
19.5 Proposed R-1c Zoning District – Report
Alderperson Blumenthal stated that the City is considering
adopting a new zoning classification which has been tentatively
titled The R1C to permit as of right duplexes that are owner-
occupied. The objective would be to stabilize neighborhoods
which are now predominantly single-family and duplexes and to
encourage home ownership in those areas. Only owner-occupants
would be allowed a two-unit dwelling in the proposed zone, as in
the existing R2B zone, the owner-occupied unit would have to
follow the existing zoning regulations and have no more than two
(2) unrelated individuals. All current uses would be
grandfathered, as all things are when there is a zoning change.
The grandfathered property would require approval of a variance
from the Board of Zoning Appeals for any expansion or new
development on the property, such as an addition to the
June 2, 1999
17
structure or additional parking. It is this provision that
provides some immediate neighborhood benefit. The broad goal is
to stabilize and strengthen those neighborhoods with a fragile
balance of owner-occupants and absentee owners over the long
term. The new R1C zone could apply to many areas of the city
which are now zoned R2B. In some cases, the proposed new zone
will reflect actual conditions of many neighborhoods, such as
areas in the flats, some areas of lower South Hill, and some
areas of East Hill. In other areas, the new zone would buffer an
R1A and an R1B zone from R3 zones, especially where almost
exclusively student rental housing abuts neighborhoods. They are
preceding this as a work item on the Planning Department work
program, and a small sub-committee is tracking it in the
Planning Department and they will be preparing some rough
outline of where this could be applied in areas of the City and
then they will have a meeting with other Council members.
19.6 Housing Code Section 210-8 – Report
Alderperson Blumenthal stated that changes have been recommended
by the Building Department.
21. NEW BUSINESS:
21.1 Benchwarmer’s Alcohol Permit Request
By Mayor Cohen: Seconded by Alderperson Vaughan
WHEREAS, Benchwarmers Restaurant on the Commons has requested an
outdoor dining permit with permission for the sale and consumption
of alcohol, 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 Benchwarmers 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 Benchwarmers 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
June 2, 1999
18
21.2 Ruloff’s Alcohol Permit Request
By Mayor Cohen: Seconded by Alderperson Hershey
WHEREAS, Ruloff’s Restaurant, 411 College Avenue, has requested an
outdoor dining permit with permission for the sale and consumption
of alcohol, and
WHEREAS, this use of public property has generally been deemed
proper and successful, and
WHEREAS, it is Common Council's responsibility to determine
whether or not to allow the serving and consumption of alcohol on
public property, and
WHEREAS, Common Council has determined that the use of this public
property for outdoor dining at Ruloff’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 Ruloff’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, and be it further
Amending Resolution
By Mayor Cohen: Seconded by Alderperson Hershey
RESOLVED, that the following resolved clause be added to the
resolution:
“RESOLVED, That this approval is subject to a determination by the
City Attorney that this request complies with the regulations of
the State Liquor Authority.”
Mayor Cohen stated that he added the last because he knows from
experience that an outside dining premise must be adjacent to the
licensed premises, but Ruloff’s is separated from its desired
premise by a sidewalk. According to the State Liquor Authority,
what Ruloff’s is asking for is not a legal arrangement.
Carried Unanimously
Main Motion As Amended
A vote on the Main Motion as Amended resulted as follows:
Carried Unanimously
Fulton Street Report
Mayor Cohen stated that there has been some concern about the flow
of traffic on Fulton Street, particularly between Cascadilla and
State Streets. The State has been trying to figure out ways to
remedy the situation. They came up with a plan and the Mayor and
others met with them. The plan is to make the right-hand lane a
right turn only lane. They would install a bump out of sorts on
the south side of each intersection so cars in the right-hand lane
would have to turn right. The left two lanes would be signed for
through traffic. Right after the State Street intersection, the
June 2, 1999
19
two left lanes would make a lane shift to the right so that the
then-extreme left lane would remain the turning lane only for
Green Street and the right two lanes would be the through traffic
lanes.
Alderperson Shenk asked if there were any way to get around the
ban on turning right on red. Currently that is in place because of
the train tracks, but that would also help alleviate traffic
congestion.
Alderperson Blumenthal stated that with this new configuration,
they are going to adjust the crossing to better signalize it for
crossing purposes.
Alderperson Manos asked if the discussion included adding signage
at Fulton and Seneca Streets that says no turn on red.
Mayor Cohen stated that if two one-way streets intersect, it is
state law that a left turn on red is legal.
EXECUTIVE SESSION
By Alderperson Shenk : Seconded by Alderperson Spielholz
RESOLVED, that Common Council adjourn into Executive Session to
Discuss Managerial and Confidential Employee Benefits.
Carried Unanimously
REGULAR SESSION:
Common Council reconvened into Regular Session with no action
taken.
Managerial and Confidential Employee Benefits
By Mayor Cohen: Seconded by Alderperson Shenk
RESOLVED, That Common Council authorizes managerial, exempt
employees and confidential employees to exchange sick time hours
within the stated perimeters of the managerial, exempt benefits.
Carried Unanimously
REPORT OF COUNCIL LIAISONS:
Alderperson Hershey stated that Common Council sent the Bicycle
Plan to the Board of Public Works asking them to draft a
proposal. The Bicycle Pedestrian Advisory Committee endorsed
most of it. The Board of Public Works will oppose removal of
parking per residents’ complaints. State funding may not come
through because the plan might never be approved by the State.
ADJOURNMENT:
On a motion the meeting adjourned at 9:02 P.M.
________________________ _______________________
Julie Conley Holcomb, CMC Alan J. Cohen,
City Clerk Mayor