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HomeMy WebLinkAboutMN-CC-2000-04-05 1 COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 7:00 p.m. April 5, 2000 PRESENT: Mayor Cohen Alderpersons (10) Pryor, Sams, Blumenthal, Glasstetter, Manos, Farrell, Vaughan, Spielholz, Taylor, Hershey OTHERS PRESENT: City Clerk – Conley Holcomb City Controller – Cafferillo Deputy Controller – Thayer Planning and Development Director – Van Cort Superintendent of Public Works – Gray City Chamberlain – Parsons Assistant Fire Chief – Wheaton Community Development Planner – Bohn Acting Building Commissioner – Radke Assistant Supt. Streets & Facilities – Ferrel Police Chief – Basile Economic Development Director – McDonald PLEDGE OF ALLEGIANCE: Mayor Cohen led all present in the Pledge of Allegiance to the American flag. MINUTES: By Alderperson Manos: Alderperson Pryor RESOLVED, That the minutes of the August 16, 1999, January 1, 2000, January 5, 2000, February 2, 2000, February 23, 2000, March 1, 2000 Common Council meetings be approved as published. Carried Unanimously PROCLAMATIONS: Mayor Cohen proclaimed April, 2000 as Child Abuse Prevention and Sexual Assault Awareness Month. ADDITIONS OR DELETIONS FROM AGENDA Neighborhood and Community Issues Committee Alderperson Taylor requested that Item 20.1 – Endorsement of Million Mom March - Resolution be added to the Consent Agenda as Item 16.11. No Council member objected. Human Resources Committee Alderperson Manos requested that Item 16.10 – Building Department/Request to Amend Personnel Roster – Resolution be removed from the Consent Agenda and become Item 18.6 under the Human Resources Committee. Alderperson Manos further requested the addition of Item 18.7 – DPW/Request for Reduction in Hours – Resolution. No Council member objected. Budget and Administration Committee Alderperson Vaughan requested the deletion of Item 19.4 Common Council – Taxi Fare Temporary Surcharge – Possible Resolution. April 5, 2000 2 No Council member objected. Planning and Economic Development Committee Alderperson Blumenthal requested the deletion of Items 17.2 Transfer of Parcel 100.-2- 1 (Cherry Street II) Determination of Environmental Significance – Resolution; and Item 17.3 Conveyance of Parcel 100.-2-1 (Cherry Street II) to the Ithaca Urban Renewal Agency (IURA) for Future Development and Leasing – Resolution. Alderperson Blumenthal further requested the addition of Item 17.8 – Multi-Modal Funding Application – Resolution. No Council member objected. NEW BUSINESS: Mayor Cohen announced that he will call a Special Common Council meeting for next week to discuss the Cherry Street Industrial Park parcel conveyance, Common Council liaisons appointments, and the Draft Resolution regarding State Revenue Sharing. Mayor Cohen further requested the addition of the following items: 21.1 Code of Conduct Gun Manufacturers - Report 21.2 County Assessment of Agricultural Lands - Report 21.3 Municipal Revenue Sharing – Resolution 21.4 Possible Motion to Enter into Executive Session Concerning a Matter of Litigation – Resolution. No Council member objected. SPECIAL ORDER OF BUSINESS: 4.1 A Public Hearing to Consider an Ordinance Amending Sections 325-21(3)B(2)(b),325-23B(2)(c), 325-23B(2)(d), 325-23B(2)(e), and 325- 23B(3) of Chapter 325 Entitled “Zoning” of the City of Ithaca Municipal Code to Provide for Graffiti Removal Motion to Open Public Hearing By Alderperson Blumenthal: Seconded by Alderperson Taylor RESOLVED, That the public hearing to consider an Ordinance Amending Section 325- 21(3)B(2)(b), 325-23(B)(2) (c), 325-23B(2)(d), 325-23B(2)(e), and 325-23B(3) of Chapter 325 Entitled “Zoning” of the City of Ithaca Municipal Code to Provide for Graffiti Removal be declared open. Carried Unanimously No one appeared to address Common Council. Motion to Close Public Hearing By Alderperson Taylor: Seconded by Alderperson Hershey RESOLVED, That the public hearing to consider an Ordinance Amending Section 325- 21(3)B(2)(b), 325-23(B)(2) (c), 325-23B(2)(d), 325-23B(2)(e), and 325-23B(3) of Chapter 325 Entitled “Zoning” of the City of Ithaca Municipal Code to Provide for Graffiti Removal be declared closed. Carried Unanimously 4.2 A Public Hearing to Consider the Conveyance of Parcel 100-2-1 (Cherry Street II) to the Ithaca Urban Renewal Agency (IURA) for Future Development and Leasing Motion to Open Public Hearing By Alderperson Blumenthal: Seconded by Alderperson Pryor RESOLVED, That the Public Hearing to Consider the Conveyance of Parcel 100-2-1 (Cherry Street II) to the Ithaca Urban Renewal Agency (IURA) for Future Development and Leasing be declared open. Carried Unanimously April 5, 2000 3 No one appeared to address Common Council. Motion to Close Public Hearing By Alderperson Pryor: Seconded by Alderperson Taylor RESOLVED, That the Public Hearing to Consider the Conveyance of Parcel 100-2-1 (Cherry Street II) to the Ithaca Urban Renewal Agency (IURA) for Future Development and Leasing be declared closed. Carried Unanimously 4.3 A Public Hearing to Consider the FY 2000 Small Cities Community Development Block Grant Application Motion to Open Public Hearing By Alderperson Vaughan: Seconded by Alderperson Hershey RESOLVED, That the Public Hearing to Consider the FY 2000 Small Cities Community Development Block Grant Application be declared open. Carried Unanimously No one appeared to address Common Council. Motion to Close Public Hearing By Alderperson Farrell: Seconded by Alderperson Vaughan RESOLVED, That the Public Hearing to Consider the FY 2000 Small Cities Community Development Block Grant Application be declared closed. Carried Unanimously 4.4 Designation of Marriage Officer – Resolution By Alderperson Farrell: Seconded by Alderperson Spielholz RESOLVED, That Betty Friedlander be designated as a Marriage Officer in the City of Ithaca with a term to expire January 3, 2001. Carried Unanimously 4.5 Designation of 2000 City of Ithaca Polling Locations By Alderperson Glasstetter: Seconded by Alderperson Manos RESOLVED, That the following locations be designated as City of Ithaca polling locations for the year 2000: FIRST WARD 1st District Alternative Community School Chestnut Street 2nd District Alternative Community School Chestnut Street 3rd District Titus Towers I 800 S. Plain St 4th District South Hill School 520 Hudson St 5th District South Hill School 520 Hudson St SECOND WARD 1st District GIAC 300 W. Court St 2nd District GIAC 300 W. Court St 3rd District Central Fire Station 310 W. Green St 4th District Central Fire Station 310 W. Green St THIRD WARD 1st District Robert Purcell Union Jessup Road 2nd District Belle Sherman Annex Cornell St 3rd District Belle Sherman Annex Cornell St FOURTH WARD 1st District Class of '22 Hall 659 Stewart Ave 2nd District #9 Fire Station 309 College Ave 3rd District #9 Fire Station 309 College Ave April 5, 2000 4 FIFTH WARD 1st District Fall Creek School 202 King St 2nd District Fall Creek School 202 King St 3rd District Robert Purcell Union Jessup Rd 4th District Fall Creek School 202 King St Carried Unanimously PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: The following people addressed Common Council: Ken Hallett, City of Ithaca - Postering Ordinance Audrey Cooper, City of Ithaca – Safe Night 2000 Nicole Ripa - Safe Night 2000 Kathie Karakantos - Safe Night 2000 Brian Carman, DPW - Managerial Compensation Plan/ pay equity report Leslyn McBean, City of Ithaca - Safe Night 2000 / Juneteenth celebration Jamie Grady, Managing Director of the Hanger Theater - Hanger Theatre’s computerized box office system. Tom Stern, GIAC - Management Compensation Study Joel Harlan, Town of Dryden - development issues Tony Ingraham, Town of Ulysses, Widewaters DGEIS Lance Freeman, grandson of City worker, raises for the workforce Peter Schonbachler, city employee – livable wages for City employees Fay Gougakis, City of Ithaca - local development issues RESPONSE TO THE PUBLIC: Alderpersons Manos, Spielholz, Sams, Pryor, Farrell, Hershey and Mayor Cohen responded to comments made about the Managerial Compensation Plan. Alderperson Hershey further responded to comments made about local development and the Widewaters site DGEIS. COMMUNICATIONS FROM THE MAYOR: Mack Travis, President of the Ithaca Downtown Partnership Board and Gary Ferguson – Ithaca Downtown Partnership presented the 2010 Downtown Development Strategy Plan and answered questions from Council members. COMMUNICATIONS FROM COMMON COUNCIL: Alderperson Spielholz reported on the status of the 2000 census and encouraged everyone to complete and submit their census forms. CONSENT AGENDA ITEMS: 21.3 Approval of Simeon’s Alcohol Permit for Outdoor Dining By Alderperson Farrell: Seconded by Alderperson Vaughan WHEREAS, since 1987 the City of Ithaca has issued a license to Simeon’s Restaurant allowing that restaurant to utilize certain areas along Aurora Street and on the Ithaca Commons for outdoor dining, and WHEREAS, this use of public property has generally been deemed proper and successful, and WHEREAS, the City of Ithaca wishes to promote diverse uses of the Ithaca Commons, including outdoor dining, and WHEREAS, it is Common Council’s responsibility to determine whether or not to allow the serving and consumption of alcohol on the Ithaca Commons, and April 5, 2000 5 WHEREAS, Common Council has determined that the use of this public property for outdoor dining at Simeon’s Restaurant, including the responsible sale and consumption of alcohol, is desirable, and WHEREAS, Common Council has determined that any use of this or similar public property involving the sale 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 period April 6 – November 30, 2000, Common Council hereby approves a revocable Alcoholic Beverage Permit for the outdoor sale and consumption of alcohol for Simeon’s Restaurant that includes the sale of alcohol in accord with the terms and conditions set forth in application therefore, including minimum Dram Shop coverage in the amount of $500,000.00 and the approval of an outdoor dining permit. Carried Unanimously 21.4 Approval of Viva Taqueria’s Alcohol Permit for Outdoor Dining By Alderperson Farrell: Seconded by Alderperson Vaughan WHEREAS, in 1998 the City of Ithaca issued a license to the Viva Taqueria Restaurant allowing that restaurant to utilize certain areas along Aurora 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 the Viva Taqueria 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 sale 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 period April 6 – November 30, 2000, Common Council hereby approves a revocable Alcoholic Beverage Permit for the outdoor sale and consumption of alcohol for the Viva Taqueria 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 21.5 Chamberlain – Request to Extend the Tax Warrant By Alderperson Farrell: Seconded by Alderperson Vaughan RESOLVED, That the City Chamberlain be authorized to request the County of Tompkins to extend its warrant for collection of the 2000 taxes until May 31, 2000. Carried Unanimously 21.6 Youth Bureau – Request to Amend 2000 Youth Bureau Youth Development Budget By Alderperson Farrell: Seconded by Alderperson Vaughan WHEREAS, the Ithaca Youth Bureau has been advised by Tompkins County that it will be receiving $2,611 in funds to assist the Youth Bureau’s Summer Municipal Jobs Program, and April 5, 2000 6 WHEREAS, the additional funding will allow the Youth Employment Service to offer jobs to several additional teens during the summer of 2000; now, therefore, be it RESOLVED, That Common Council hereby amends the Youth Bureau’s 2000 authorized Youth Development Budget for said additional funds from Tompkins County as follows: Increase Revenue Account: A7310-2350-1202 Youth Services Other Govts. $2,611.00 Increase Appropriation Accounts: A7310-5120-1202 Hourly P/T $2,370.00 A7310-9030 Social Security/Medicare 182.00 A7310-9040 Workers’ Compensation 59.00 Carried Unanimously 21.7 Planning & Development - Filing of Decisions by the Building Commissioner By Alderperson Farrell: Seconded by Alderperson Vaughan Whereas, Chapter 476 of the Laws of 1999 provides that the administrative officer charged with the enforcement of the zoning local law (or ordinance) must file each order, requirement, decision, interpretation or determination in his/her office within five business days after the rendering thereof, and Whereas, the Building Commissioner, pursuant to Section C-15 of the Ithaca City Charter and Section 325-37(A) of the Code of the City of Ithaca, is the administrative officer charged with the enforcement of the zoning laws and ordinances in the City of Ithaca, and Whereas, it is the objective of the Common Council to apprise the public and the Building Commissioner charged with the enforcement of the zoning regulations to clearly establish where such actions shall be filed; now, therefore, be it RESOLVED, That the Building Commissioner is hereby directed to file each of his/her orders, requirements, decisions, interpretations or determinations in his/her office within five business days after the rendering thereof and such filings shall be a public record, and, be it further RESOLVED, That this resolution shall take effect immediately. Carried Unanimously 16.6 Request to Amend Youth Bureau Authorized Personnel Roster By Alderperson Farrell: Seconded by Alderperson Vaughan WHEREAS, the Youth Bureau has recently filled the vacant position of Senior Account Clerk Typist with an individual who has skills and experiences above and beyond this level, and WHEREAS, the Youth Bureau has a need to have this individual assume responsibility above the Senior Account Clerk Typist level; now, therefore, be it RESOLVED, that Common Council hereby grants approval to the Youth Bureau to amend the personnel roster as follows: Add One (1) Principal Account Clerk Delete One (1) Senior Account Clerk/Typist April 5, 2000 7 and, be it further RESOLVED, that Council approves the following transfers of funds to cover the upgrade: Increase Salary-Staff A7310-5110-01400 by $4,631 Decrease Hourly P/T Seasonal A7310-5120-01400 by $1,631 Decrease Overtime A7310-5125-01400 by $2,000 Decrease Contractual A7310-5110-01400 by $1,000 Carried Unanimously 16.7 DPW/W&S – Request to Amend Authorized Personnel Roster By Alderperson Farrell: Seconded by Alderperson Vaughan WHEREAS, DPW Water & Sewer has broad activities in capital improvements, force account construction, preventative maintenance, and traditional service and emergency repair, and WHEREAS, these activities have greatly increased the complexity of office and fiscal management over the past six years, and WHEREAS, there are currently three Principal Account Clerk positions that share the increased work load, and WHEREAS, due to the additional responsibilities there is a need for a supervisor of the entire financial business function; now, therefore, be it RESOLVED, That the Principal Account Clerk Position held by Joanne Phillips be upgraded to Administrative Assistant – Financial Management, and, be it further RESOLVED, That the funds necessary for said amendment shall be derived from the department’s existing 2000 Budget. Carried Unanimously 16.8 DPW Request to Hire Above Minimum Salary By Alderperson Farrell: Seconded by Alderperson Vaughan WHEREAS, the Department of Public Works has recently completed interviews for the vacancy of Automotive Mechanic Helper in the garage operation, and WHEREAS, in order to hire the candidate with the necessary skills and experience a more competitive wage is required, and WHEREAS, the CSEA DPW unit contract provides for hiring at a rate above the minimum in view of special circumstances or scarcity of qualified employees upon approval by Common Council; now, therefore, be it RESOLVED, that Common Council hereby grants approval to hire the Automotive Mechanic Helper at a starting salary rate of $9.10, $0.48 above the contract rate. Carried Unanimously 16.9 DPW – Streets & Facilities Request for Reduction in Hours By Alderperson Farrell: Seconded by Alderperson Vaughan WHEREAS, Carol Reeves was recently provisionally appointed as Principal Account Clerk in the Streets & Facilities division, and April 5, 2000 8 WHEREAS, the Assistant Superintendent of Public Works was successful in retaining Ms. Reeves on the terms of a 35 hour work week to meet her personal needs, and WHEREAS, the position Principal Account Clerk is a roster 40 hour week position; now, therefore, be it RESOLVED, That Common Council approves the reduction of the 40 hour work week of the Principal Account Clerk position held by Carol Reeves from 40 hours to 35 hours per week. Carried Unanimously 16.10 Building Department Request to Amend Personnel Roster By Alderperson Farrell: Seconded by Alderperson Vaughan WHEREAS, the Building department continues to be significantly understaffed and is having difficulty keeping up with mandated housing inspections, and WHEREAS, the Housing Inspection program is vital for protecting the safety of Ithaca’s rental population, and WHEREAS, Mr. Escobedo has completed the necessary code enforcement training provided by the State of New York and possesses the skill and experience required by the position of Housing Inspector, and WHEREAS, Ray Escobedo was hired in 1997 as a Code Enforcement Officer in anticipation of developing into a Housing Inspector, and WHEREAS, it is the Building Departments intention to phase Ray Escobedo into housing inspections while the temporary Code Enforcement Officer assumes more responsibility; now, therefore, be it RESOLVED, That Common Council hereby approves to the Building Department’s request to amend the personnel roster as follows: Add: One (1) Housing Inspector and, be it further RESOLVED, That Common Council hereby approves an amount not to exceed $4,500 to be transferred from account A1990 Unrestricted Contingency to Account A3620-5110 for the purposes of said roster amendment. Carried Unanimously 16.11 Endorsement of Million Mom March – Resolution By Alderperson Farrell: Seconded by Alderperson Vaughan Whereas, the Million Mom March, to be held on Mother's Day, May 14, 2000 in Washington, D.C., will include participants from the City of Ithaca and Tompkins County, and Whereas, the purpose of this event, which is comprised of people from around the United States, is to educate the children and the Country about the life-threatening dangers of guns, and Whereas, participants in this demonstration, along with members of the Common Council and the Mayor of the City of Ithaca, acknowledge that while guns may be necessary for hunting, law enforcement, and national security, the proliferation of firearms intended for the sole purpose of killing another human being has become untenable, and April 5, 2000 9 Whereas, the lives of our children far outweigh the right for just anyone, but especially children, to obtain and possess such firearms as semi-automatics and Saturday night specials; now, therefore, be it RESOLVED, That the Common Council and Mayor of the City of Ithaca endorse and encourage the participation of community members in this endeavor, and, be it further RESOLVED, That the members of Common Council and the Mayor of the City of Ithaca, fully endorse this call to Congress to enact common sense gun control legislation by Mother's Day, May 14, 2000. Carried Unanimously REGULAR AGENDA ITEMS: 21. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE: 17.1 FY 2000 Small Cities Community Development Block Grant Application By Alderperson Blumenthal: Seconded by Alderperson Farrell WHEREAS, on February 25, 2000 the Empire State Community Development Corporation issued a Request for Applications (RFA) for the New York State administered Small Cities Program under the Community Development Block Grant (CDBG) program, and WHEREAS, the RFA authorizes Ithaca to apply for a grant of up to $900,000 through the “Comprehensive” competition that involves two or more related activities to undertake a strategy that deals comprehensively with the community development problems of a particular area in the funding categories of housing, public facilities, economic development and public services, and WHEREAS, each activity within the CDBG grant application must meet one of the national objectives for (1) benefit to low- and moderate-income persons, (2) elimination of slums or blighting conditions, or (3) meeting community needs having a particular urgency, and WHEREAS, the Common Council recognizes the need to support efforts to promote neighborhood revitalization through provision of quality, affordable housing, creation of employment opportunities, improvement of public facilities and increased public services that principally benefit Ithaca’s low- and moderate-income population and the remediation of blighting conditions, and WHEREAS, the CDBG grant application is due on April 28, 2000, and WHEREAS, the Ithaca Urban Renewal Agency (IURA) solicited funding proposals on February 17, 2000 from citizens, for-profit and not-for-profit organizations, and WHEREAS, in compliance with the Citizen Participation Plan, the IURA held two Community Input meetings on February 23, 2000 at GIAC and February 24, 2000 in the Southside Community Center, and a public hearing on March 7, 2000 to gain public input on the formulation of the application, and WHEREAS, the IURA evaluated the proposals submitted and considered alternative activities in the context of community development needs and the grant rating criteria at meetings held on march 7th, March 14th, March 21st and March 29th to develop a list of recommended activities to include in the grant application, now, therefore, be it RESOLVED, that the Common Council hereby endorses the IURA recommendation for the grant application and authorizes and directs the IURA to submit a $900,000 FY 2000 Small Cities CDBG application to include the following budgeted activities: April 5, 2000 10 Southside $215,000 INHS House Recycling $45,000 Southside Community Center Computer Lab $40,000 311 S. Corn St. - Acquisition and Remediation $35,000 Plain St. Pedestrian/Bicycle Bridge Improvements – Lighting & Approaches $30,000 Targeted Code Enforcement $30,000 402 S. Cayuga St. Demolition & Clearance $25,000 Sciencenter Computer Clubhouse $420,000 Subtotal Downtown $275,000 Downtown Hotel Project $75,000 State Theatre Restoration, Phase I $350,000 Subtotal Administration $130,000 Administration --------------- $900,000 TOTAL and, be it, further RESOLVED, that should the IURA determine that any of the above activities encounter feasibility issues that would hinder timely completion, the Common Council hereby authorizes the IURA to adjust activity budgets of the above activities to resolve feasibility and rating concerns and/or substitute one or more of the following activities: Substitute Activities $140,000 Plain Street Pedestrian Bridge Replacement $150,000 Street Lighting along S. Plain Street $130,000 Henry St. John Gym Conversion to 4-6 Apartments $60,000 S. Titus/South Street Sidewalk & Lighting $30,000 Fair Street Park Improvements and, be it further, RESOLVED, that upon notice of grant approval, the Common Council hereby agrees to establish a capital project to fund the portion of the project costs for the 402 S. Cayuga St. demolition & clearance activity not funded by the CDBG grant (estimated $60,000 City contribution), and, be it further, RESOLVED, that the Common Council hereby authorizes the IURA to administer and implement all CDBG activities in accordance with applicable regulations, including, but not limited to, Title 24, Section 570 of the Code of Federal Regulations, and be it further, RESOLVED, that the Mayor, upon the advise of the City Attorney and the Executive Director of the IURA, is hereby authorized to execute any and all documents for the submission of this application and acceptance of funding. Extensive discussion followed on the floor regarding the details of the Plain Street Bridge and Downtown Hotel projects. Amending Resolution By Alderperson Hershey: Seconded by Alderperson Spielholz RESOLVED, That the second Resolved clause be amended to read as follows: April 5, 2000 11 “RESOLVED, that should the IURA determine that any of the above activities encounter feasibility issues that would hinder timely completion, the Common Council hereby authorizes the IURA, in consultation with the Chairs of the Budget and Administration Committee and the Planning and Economic Development Committee, to adjust activity budgets of the above activities to resolve feasibility and rating concerns and/or substitute one or more of the following activities:” Carried Unanimously Further discussion followed on the floor with Alderperson Sams expressing her opposition to partial Capital Project funding for the demolition of 402 S. Cayuga Street. Community Development Planner Bohn answered questions from Council regarding CDBG application requirements. Alderperson Blumenthal expressed her thanks to the IURA and Community Development staff for all of the hard work that has resulted in a great application. Main Motion as Amended A vote on the Main Motion as Amended resulted as follows: Ayes (9) Manos, Pryor, Farrell, Vaughan, Blumenthal, Spielholz, Glasstetter, Taylor, Hershey Nays (0) Abstentions (1) Sams Carried 17.2 Transfer of Parcel 100.-2-1 (Cherry Street II) Determination of Environmental Significance - Resolution This item was withdrawn from the agenda. 17.3 Conveyance of Parcel 100.-2-1 (Cherry Street II) to the Ithaca Urban Renewal Agency (IURA) for Future Development and Leasing This item was withdrawn from the agenda. 17.4 An Ordinance Amending The “Official Zoning Map of the City of Ithaca, New York” and Chapter 325 entitled “Zoning” of the City of Ithaca Municipal Code Regarding the “West End Development Zoning District” – Call for a Public Hearing By Alderperson Blumenthal: Seconded by Alderperson Vaughan RESOLVED, That Ordinance No. 00- entitled An Ordinance Amending The “Official Zoning Map of the City of Ithaca, New York” and Chapter 325 entitled “Zoning” of the City of Ithaca Municipal Code Regarding the “West End Development Zoning District” is hereby introduced before the Common Council of the City of Ithaca, New York, and be it RESOLVED, That 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, New York, at 7:00 p.m. on Wednesday, May 3, 2000, 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 April 5, 2000 12 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 The Ordinance to be considered shall be as follows: ORDINANCE NO. 00-____ NOW BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, New York, as follows: Section 1. The Official Zoning Map of the City of Ithaca, New York is hereby amended as follows: The zoning district designation for portions of the certain tracts of land is changed from B-2, Business and B-4 Business, and I-1 Industrial, and M-1, Marine Commercial, to “WEDZ-1, “West End Development Zoning District” as indicated on the map entitled “West End Urban Design Plan – Proposed Zoning Districts” dated March, 2000. The tracts so changed are: the “West End” bounded on the west by the center line of the Flood Control Channel; on the east by the rear property line of properties fronting Meadow Street, to the north at the junction of Meadow and Fulton Streets and to the south, by the center line of Six Mile Creek west of Meadow Street and on the south boundary of the southern most property east of Meadow Street. 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. 17.5 Resolution Regarding Amending Fire Limits Description in the City of Ithaca Code By Alderperson Blumenthal: Seconded by Alderperson Manos WHEREAS, fire limits are defined in the New York State Uniform Fire Prevention and Building Code (9 NYCRR) as: 606.3(a)(74) Fire Limits. Boundary line establishing an area in which there exists, or is likely to exist, a fire hazard requiring special fire protection. and, WHEREAS, the City of Ithaca has many areas where building density and construction type, or building size present fire hazards which have been demonstrated numerous times as the result of fires involving more than one building at a time over the years, and, WHEREAS, the City of Ithaca has had established fire limits since the mid-1800’s, and, WHEREAS, the fire limits are currently established by co-designation with zoning districts, and, WHEREAS, zoning districts and designations have been changed in recent months without consideration to the impact of those changes on the fire limits previously established, and, WHEREAS, the need to maintain fire limits as historically defined is critical to managing the level of risk to the community from fire, and, WHEREAS, recognition of new areas requiring such protection as the result of focused development efforts is appropriate and proactive risk management; now, therefore be it April 5, 2000 13 RESOLVED, section 181-13.B. of the City of Ithaca Code is hereby amended, as follows (material underlined is new, material in [brackets] to be deleted): A. Fire limits A: those areas of the city which are zoned Industrial I-1 and Business B2-b, CBD-60, CBD-85, and CBD-100 in the City of Ithaca Zoning Ordinance (Chapter 325 of this Code). B. Fire Limits B: those areas of the city which are zoned Business B-2a, B-2c, B-2d, B-4, [or] B-5, WF-1, WEDZ-1a, or WEDZ-1b in the City of Ithaca Zoning Ordinance (Chapter 325 of this Code). and, be it further RESOLVED, This amendment of the ordinance shall take effect immediately and in accordance with law upon publication of notice as provided in the Ithaca City Charter. Carried Unanimously 17.6 Adult Use Moratorium Extension By Alderperson Blumenthal: Seconded by Alderperson Sams WHEREAS, a local law entitled "Moratorium for the establishment or expansion of adult uses" was adopted on July 29, 1999, and went into effect on August 5, 1999, upon filing with the Secretary of State, and WHEREAS, pursuant to Section 4(A), the moratorium was to be in effect for a period of nine months from its effective date unless extended pursuant to Section 4(C), and WHEREAS, said nine-month period, unless extended, will expire on or about May 5, 2000, and WHEREAS, the purpose of the moratorium was to provide the City an opportunity for the review and possible enactment of appropriate legislation regulating adult uses, and WHEREAS, at a regularly scheduled meeting held on December 7, 1999, the Common Council provided funding for and authorized a study to be conducted of the possible deleterious impacts of adult entertainment in the City, and WHEREAS, at a regularly scheduled meeting held on February 2, 2000, the Common Council authorized the Mayor to sign a contract with Robert Penna, Ph.D., to provide a study of the possible impacts of adult entertainment in the city, and WHEREAS, said study and report is expected to be completed on or about May 1, 2000, and WHEREAS, once completed, said study will be reviewed to determine what legislation regulating adult uses, if any, should be promulgated and adopted by Common Council, and WHEREAS, considering the potential objectionable characteristics and impacts of adult uses on the health, safety and general welfare of the residents of the City of Ithaca and the important constitutional issues which must be identified and addressed in any regulation of adult uses, it would be a disservice to the community to attempt to complete said review and legislation in the limited time remaining in the moratorium period; now, therefore, be it RESOLVED, That the Moratorium for the establishment or expansion of adult uses is hereby extended for an additional three (3) months, until August 5, 2000, in order to provide sufficient time to complete review of the study and, if necessary, adopt legislation regulating adult uses. April 5, 2000 14 A vote on the Resolution resulted as follows: Ayes (7) Pryor, Manos, Sams, Farrell, Hershey, Taylor Nays (0) Abstentions (2) Spielholz, Glasstetter Carried Alderperson Vaughan was absent from the vote. 17.7 Proposed Zoning Ordinance Amendment Height Limit and Boundary Change in “CBD-85” Zone – Report Alderperson Blumenthal gave a brief update on the proposal to change the zoning in the Central Business District which allows 85’ of building height to 140’. The zone is roughly around the corners of Tioga and Seneca Street. The Planning and Economic Development Committee and the Ithaca Downtown Partnership are in general support of the change. The Planning Board has expressed concerns so there will be a follow-up meeting with the Codes Committee and Planning Department staff. 21.3 Multi-Modal Program Funding Application – Resolution: By Alderperson Blumenthal: Seconded by Alderperson Spielholz WHEREAS, the City of Ithaca received notice from the Ithaca-Tompkins County Transportation Council (I-TCTC) that New York State Multi-Modal program funding will be available for projects in Tompkins County, and WHEREAS, the notice was received after the March meeting of the Planning and Economic Development Committee meeting, and WHEREAS, preliminary project applications must be submitted to I-TCTC by Thursday, April 13, 2000, before the April meeting of the Planning and Economic Development Committee and WHEREAS, project selection will be completed on April 24, 2000, before Common Council’s May 3rd meeting; now therefore be it RESOLVED, That the Department of Planning and Development be directed to prepare a list of project applications for NYS Multi-Modal Program funding subject to the approval of the Mayor and the Chair of the Planning and Economic Development Committee. Discussion followed on the floor regarding the proposed projects and the selection process that will be followed. A vote on the Resolution resulted as follows: Carried Unanimously 22. HUMAN RESOURCES COMMITTEE: 18.1 DPW Request to Increase Salary By Alderperson Manos: Seconded by Alderperson Hershey WHEREAS, included in the Department of Public Works 2000 budget Common Council authorized an 8% salary increase for the Building Systems and Solid Waste Supervisor, Jim Kelly and WHEREAS, this position is part of the Executive Association Bargaining Unit, and WHEREAS, the Executive Association bargaining unit allows for increases in salaries, and WHEREAS, the wage Mr. Kelly is currently earning does not adequately reflect the responsibilities of this position; now, therefore, be it April 5, 2000 15 RESOLVED, That Jim Kelly’s salary be increased from $38,467 to $41,544 retroactive to January 1, 2000, and, be it further RESOLVED, That the funds needed for said salary increases will be derived from within the Department of Public Works 2000 budget. Carried Unanimously 18.2 DPW Request to Increase Salary By Alderperson Manos: Seconded by Alderperson Hershey WHEREAS, included in the Department of Public Works 2000 budget Common Council authorized an 8% salary increase for the Supervisor of Streets, Ray Benjamin and WHEREAS, this position is part of the Executive Association Bargaining Unit, and WHEREAS, the Executive Association bargaining unit allows for increases in salaries, and WHEREAS, the wage Mr. Benjamin is currently earning does not adequately reflect the responsibilities of this position; now, therefore, be it RESOLVED, That Ray Benjamin’s salary be increased from $39,969 to $43,166 retroactive to January 1, 2000, and, be it further RESOLVED, That the funds needed for said salary increases will be derived from within the Department of Public Works 2000 budget. Carried Unanimously 18.3 DPW Request to Increase Salary By Alderperson Manos: Seconded by Alderperson Sams WHEREAS, included in the Department of Public Works 2000 budget Common Council authorized an 8% salary increase for the Motor Equipment Maintenance Supervisor, Donald Parker, and WHEREAS, this position is part of the Executive Association Bargaining Unit, and WHEREAS, the Executive Association bargaining unit allows for increases in salaries, and WHEREAS, the wage Mr. Parker is currently earning does not adequately reflect the responsibilities of this position; now, therefore, be it RESOLVED, That Donald Parker’s salary be increased from $36,247 to $39,147 retroactive to January 1, 2000, and, be it further RESOLVED, That the funds needed for said salary increases will be derived from within the Department of Public Works 2000 budget. Carried Unanimously 18.4 AN ORDINANCE AMENDING ARTICLE VIII ENTITLED “SEXUAL HARASSMENT” OF CHAPTER 90 OF THE CITY OF ITHACA MUNICIPAL CODE. By Alderperson Manos: Seconded by Alderperson Pryor ORDINANCE NO.________ - 2000 WHEREAS, Common Council of the City of Ithaca wishes to update the city’s sexual harassment policy in view of the development of case law on this subject in recent years; now, therefore April 5, 2000 16 BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, New York, as follows: SECTION 1. Chapter 90, Section 90-54 is hereby amended to read as follows: § 90-54. Statement of policy. A. It is the policy of the City of Ithaca in its capacity as an employer, to provide and maintain a work environment which is free from unlawful discrimination. Sexual harassment is a form of unlawful discrimination and is prohibited in each and every city work environment and each and every situation which directly impacts a city work environment. B. The City of Ithaca considers sexual harassment to be a form of employee misconduct and considers this type of misconduct to be a serious offense. Allegations of sexual harassment will be investigated thoroughly and, if substantiated, will be met with appropriate corrective and/or disciplinary action commensurate with the seriousness of the offense(s), up to and including discharge. SECTION 2. Chapter 90, Section 90-55, entitled “Federal definition adopted” is amended to include a new subsection C as follows: § 90-55. Federal definition adopted. A. According to Federal Equal Employment opportunity Commission (EEOC) guidelines, "sexual harassment" is defined as follows: "Unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature when: 1. Submission to such conduct is made explicitly or implicitly a term or condition of an individual's employment; 2. Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or 3. Such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile or offensive working environment." B. The City of Ithaca hereby adopts the above definition of sexual harassment. The definition applies to the conduct of a supervisor towards a subordinate; the conduct of one employee towards another employee; the conduct of an employee towards a job applicant; and the conduct of a non-employee towards a city employee. C. Examples of Sexual Harassment . Examples of sexual harassment include, but are not limited to: abusive verbal language related to an employee’s sex, sexual innuendoes, jokes, and other sexually suggestive comments or references to sex or gender-specific traits; abusive written notes, email, graffiti, telephone calls or facsimiles that are sexual in nature; sexual propositions, insults, or threats; persistent unwanted sexual/romantic attention; leering, whistling, or other sexually suggestive or insulting sounds or gestures; displaying pictures, calendars, cartoons, or other material with sexual content; coerced or unwelcome touching, patting, brushing up against, pinching, kissing, stroking, massaging, squeezing or tickling; subtle or overt pressure for sexual favors; coerced sexual intercourse (e.g., as a condition of employment). April 5, 2000 17 SECTION 3. The text of Section 90-56 entitled “Reporting and investigation of complaints” is deleted in its entirety and replaced with a new section 90-56 as follows: § 90-56. Reporting and investigation of complaints. A. Questions about the policy. If any City employee or officer is subject to, or witnesses, a situation which he or she believes constitutes sexual harassment or has any questions about the City sexual harassment policy or on how to proceed, the employee should contact the Human Resources Department. B. Confidentiality. The City of Ithaca has a commitment to respect the privacy and anonymity of both victims and accused harassers, within legal constraints. Confidentiality will be maintained throughout the investigatory process to the extent practical and appropriate under the circumstances. All individuals who are involved in the complaint and/or investigation process are obliged to maintain the confidentiality of the proceedings. The maintenance of confidentiality does not mean that the accused will not be made aware of the complaint and its specifics. C. Reporting complaints. Any City officer or employee is required to report an incident of suspected harassment or employment discrimination to his or her supervisor, department head, or the Director of Human Resources as soon as possible after an alleged incident. The person reporting the harassment does not have to be the intended target of the harassment. When a supervisor or department head receives a complaint, he or she will contact the Human Resources Department immediately to determine how to investigate and address the complaint. D. Types of Complaints. (i) Informal Complaints. Some situations may be resolved in an informal manner by the department head or supervisor without the need for a formal complaint and investigation. Disciplinary action may not be taken against the alleged harasser without a formal complaint being filed, and a finding, after investigation, that there is probable cause to believe harassment occurred. (ii) Formal Complaint. A formal complaint must be in writing and must include the act(s) complained about, identify the person or persons alleged to have committed such act(s), and indicate the approximate dates, if known, when the act(s) occurred. Employees and officers can fill out the form themselves, or ask for help from their supervisor, Department Head, or the Human Resources Director. A formal complaint shall be filed with the Department of Human Resources. E. Investigation Procedure. Once a formal complaint has been received, the Human Resources Director will commence a prompt investigation of the allegations in the complaint and will report the results of the investigation to the complainant’s department head or to the mayor, as appropriate. The investigation should be concluded within sixty (60) days of the filing of the formal complaint. The investigation may be expanded if more allegations are uncovered during the investigation. The investigation may include, but is not limited to: identifying the alleged harasser, separately interviewing the complainant and/or witnesses, meeting with the person accused to inform her/him of the complaint and informing her/him that retaliation is prohibited, interviewing the accused person regarding the allegations, interviewing witnesses provided by the accused person, and determining whether or not there is probable cause to believe that the allegations are true. Prompt reporting of a complaint is strongly encouraged as it allows for rapid response to and resolution of objectionable behavior. Complaints should be filed within one year of the alleged harassment. April 5, 2000 18 F. Protection from Retaliation. Federal and State law and City of Ithaca policy prohibit any form of retaliation against a person who files a discrimination complaint or is a witness in a discrimination complaint procedure. SECTION 4. Section 90-57 (A) entitled “Unfounded Complaints” shall be deleted in its entirety and replaced with the following language: §90-57. Post-Investigation and Appeal Procedure. A. Unfounded Complaints. If, after an investigation, a complaint is determined to be unfounded, the Human Resources Director will inform the complainant(s) and the accused that the complaint is unfounded. The Human Resources Department will maintain a confidential record of the investigation. SECTION 5. Section 90-57(B) is deleted in its entirety and replaced with a new §90-57(B) entitled “Complaint Founded.” B. Complaint Founded. If a complaint if founded, the Human Resources Director and the Department Head or Mayor will meet with the person accused and his/her union representative, if the accused is represented, and explain the findings of the investigation. The accused will have an opportunity to accept the findings and any corrective and/or disciplinary action, or to oppose the findings and file a grievance through his/her collective bargaining unit. The Human Resources Department will maintain a confidential record of the investigation. SECTION 6. Section 90-57(C) is amended as follows: C. In the event that either the employee alleging sexual harassment or the employee being charged with sexual harassment is not covered by a labor contract, he/she may exercise his/her appeal rights provided for by Civil Service Law, Section C- 26.1 of the City Charter or Article 1 of Chapter 90 of the Code of the City of Ithaca, as appropriate. SECTION 7. There shall be new subsections added to §90-57, as follows: D. Corrective and Disciplinary Action. Corrective and disciplinary action for sexual harassment may include any or all of the following: attending individualized training; verbal warning; written reprimand; work restrictions, salary reduction or limitation; suspension; dismissal. E. Filing Complaints with Outside Agents. This internal complaint and investigation process does not substitute for or remove the rights of employees or officers to bring charges of sexual harassment with local, federal and state agencies. Those agencies have specific time limits within which complaints can be brought, and employees or officers should consult each agency as to the proper procedure or time limit. F. Support Services. Individuals involved in sexual harassment complaints are encouraged to seek assistance through the Employee Assistance Program or the Human Resources Department. SECTION 8. Section 90-58(D) shall be amended as follows: § 90-58. Responsibilities of managers and supervisors. A. All managerial and supervisory staff of the City of Ithaca shall be responsible for enforcing this policy and shall have particular responsibility for ensuring that the work environment under their supervision is free from sexual harassment and its effects. April 5, 2000 19 B. All managerial and supervisory staff who receive sexual harassment complaints will be responsible for immediately forwarding such complaints to either their department head or the Director of Human Resources for investigation. C. The city shall conduct training for managerial and supervisory staff in each department on the issues surrounding sexual harassment, its effects and its appearances and the role and responsibility of supervisory personnel in preventing incidents of sexual harassment and resolving sexual harassment complaints. D. The City shall also distribute this policy to all city employees and conspicuously post this policy at all city work sites. Copies of this policy will also be distributed to new employees as they are hired who will be required to sign a statement that they have read and understood the policy. The city shall also conduct training for all city employees on the concept and definition of sexual harassment, the issues surrounding it and ways in which to deal with sexual harassment. SECTION 9. A new section 90-59 shall be added as follows: §90-59. Severability. Severability is intended throughout and within the provisions of the ordinance. If any section, subsection, sentence, clause, phrase or portion of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall not affect the validity of the remaining portions of this ordinance. SECTION 10. Effective Date. This Ordinance shall take effect immediately and in accordance with law upon publication of notice as provided in the Ithaca City Charter. Carried Unanimously Alderperson Manos and Mayor Cohen thanked all the people who worked hard on this Ordinance including Alderperson Spielholz, Assistant City Attorney Patricia Dunn, and Human Resources Director Schelley Michell-Nunn. 18.5 Request to Amend Managerial Salary Compensation Structure By Alderperson Manos: Seconded by Alderperson Hershey WHEREAS, the City of Ithaca wishes to develop an objective and equitable system for creating and maintaining a valid, defensible management compensation plan, and WHEREAS, the Human Resources Committee appointed a management compensation subcommittee to hire and work with a consultant to develop a management compensation plan designed to meet these objectives, and WHEREAS, a comprehensive study examining internal equity as well as the external competitiveness of managerial salaries was conducted by Mary Hall, CCP of Total Compensation Services, and WHEREAS, a salary structure has been recommended by Ms. Hall, and WHEREAS, the management compensation plan created by the consultant includes a performance management system which can replace the current city managerial increases policy; now, therefore, be it RESOLVED, That the following managerial salary compensation structure be adopted: Controller Fire Chief Police Chief Superintendent, PW 63,848 – 77,864 - 91,880 Asst. Sup PW, S&F April 5, 2000 20 Asst. Sup PW, W&S Building Commissioner City Attorney Deputy Fire Chief Deputy Police Chief Director, HR Director, IT 57,928 – 70,644 – 83,360 Assistant City Attorney City Prosecutor Director, GIAC Director, Planning & Development Director, Youth Bureau Mgr, Ops & Maint TCAT 54,624 – 66,615 – 78,606 City Chamberlain Deputy City Prosecutor Deputy Controller Deputy Director HR Deputy Director Youth Bureau Director, Econ Dev 50,041 – 61,026 – 72,010 City Clerk Deputy Director, GIAC Associate Attorney 40,141 – 48,953 – 57,765 Deputy City Clerk 26,330 – 32,110 – 37,890 and, be it RESOLVED, That those managerial salaries which currently fall below the minimum salary for their position be raised to the minimum salary of their range, and, be it RESOLVED, That the total not to exceed amount of $21,613.58 required to raise those salaries to the minimum of their ranges be transferred as follows: $10,000 from restricted contingency and $11,613.58 from unrestricted contingency to the following accounts: A1110-5110 $3,374.30 A1420-5110 $5,863.06 A5630-5105 $ 624.30 A7310-5105 $5,361.16 A7311-5105 $6,390.76 and, be it further RESOLVED, That the Deputy Director of the Greater Ithaca Activities Center receive the minimum salary for his range, $40,141, retroactive to July 1, 1999. Alderperson Spielholz briefly relayed the process that followed during the development of the compensation plan. Discussion followed on the floor regarding the city’s intention of conducting pay equity studies for other groups of employees. Amending Resolution: By Alderperson Glasstetter: Seconded by Alderperson Spielholz RESOLVED, That the following language be added as the 6th Whereas Clause: “WHEREAS, it is the intent of the Common Council to look at the pay scales and the equity thereof of all other city employees”. April 5, 2000 21 Carried Unanimously Main Motion as Amended A vote on the Main Motion as Amended resulted as follows: Carried Unanimously 18.6 Building Department Request to Amend Personnel Roster By Alderperson Manos: Seconded by Alderperson Farrell WHEREAS, the Building department continues to be significantly understaffed and is having difficulty keeping up with mandated housing inspections, and WHEREAS, the Housing Inspection program is vital for protecting the safety of Ithaca’s rental population, and WHEREAS, Mr. Escobedo has completed the necessary code enforcement training provided by the State of New York and possesses the skill and experience required by the position of Housing Inspector, and WHEREAS, Ray Escobedo was hired in 1997 as a Code Enforcement Officer in anticipation of developing into a Housing Inspector, and WHEREAS, it is the Building Departments intention to phase Ray Escobedo into housing inspections while the temporary Code Enforcement Officer assumes more responsibility; now, therefore, be it RESOLVED, That Common Council hereby approves the Building Department’s request to amend the personnel roster as follows: Add: One (1) Housing Inspector and, be it further RESOLVED, That Common Council hereby approves an amount not to exceed $4,500 to be transferred from account A1990 Unrestricted Contingency to Account A3620-5110 for the purposes of said roster amendment. Discussion followed on the floor with Acting Building Commissioner Radke regarding how this personnel change would impact the operations of the Building Department and the Exterior Property Maintenance Program. Carried Unanimously 18.7 DPW Request for Reduction in Hours By Alderperson Manos: Seconded by Alderperson Hershey WHERAS, Lynne Yost, Assistant Civil Engineer, has just returned from maternity leave and is requesting her hours be reduced to 35 hours a week from 40 hours, for personal reasons, and WHEREAS, the Superintendent of Public Works has reviewed the request and recommends the request be granted, and WHEREAS, additional staff has been retained on a temporary basis to assist with the workload of the Department of Public Works; now, therefore, be it RESOLVED, That Common Council hereby grants the request to reduce the hours of Assistant Civil Engineer Lynne Yost from 40 hours a week to 35 hours a week until December 31, 2000 or some earlier date convenient to both the department and Ms. Yost, and, be it further RESOLVED, That an amount not to exceed the direct unexpended salary may be expended in the part time and seasonal line to replace the hours lost by reducing the work week. April 5, 2000 22 Carried Unanimously 19. BUDGET AND ADMINISTRATION COMMITTEE: 19.1 Common Council – Approval of Funds for Local Computerized Box Office System By Alderperson Vaughan: Seconded by Alderperson Blumenthal WHEREAS, the Community Arts Partnership (CAP) in conjunction with the Hangar Theatre, The Kitchen Theatre, Cayuga Chamber Orchestra, Cornell Concert Series, and Ithaca College Department of Theatre Arts are requesting the City’s support in the amount of $10,000 for purchase and installation of a computerized ticketing system for the Ticket Center at the Clinton House, and WHEREAS, the current ticket system is mostly manual and is becoming increasingly antiquated, causing errors, inefficient use of staff time, and loss of revenue, and WHEREAS, a new computerized box office system will: allow for all participating organizations to share database information; give the ability to sell tickets for all participating organizations; improve customer service and provide marketing information; and improve the efficiency of the Center’s operation and increase revenues, and WHEREAS, the total project cost has been estimated at $90,000, with $34,500 already committed and $40,000 in pending support; now, therefore, be it RESOLVED, That Common Council hereby authorizes an amount not to exceed $5,000 be transferred from account A1990 Unrestricted Contingency to account A1012-5435 Community Services Contracts for purposes of funding a portion of said local computerized Box Office Project for area Tompkins County performing arts organizations. Carried Unanimously 19.2 Common Council – Approval of Funds for Safe Night 2000 By Alderperson Vaughan: Seconded by Alderperson Hershey WHEREAS, Safe Night 1999 provided the opportunity for over 300 youths to party in a safe environment, and WHEREAS, because the 1999 Safe Night was such a success, a 2000 Safe Night has been scheduled for June 3, 2000 at Cass Park from 7:00 PM to 1:00 AM, and WHEREAS, area youth between the ages of 11 to 18 will enjoy an evening of activities involving food, fun and education, and WHEREAS, the event has an estimated budget of $9,150.00, with $2,400 in funding already raised; now, therefore, be it RESOLVED, That Common Council hereby authorizes an amount not to exceed $3,800 be transferred from account A1990 Unrestricted Contingency to account A1012-5435 Community Services Contract for the purposes of assisting in funding Safe Night 2000. Alderperson Sams proposed that this activity be funded at the same level as the Arts Council, at $5,000. Amending Resolution: By Alderperson Sams: Seconded by Alderperson Glasstetter RESOLVED, That Common Council hereby authorizes an amount not to exceed $5,000 be transferred from account A1990 Unrestricted Contingency to account A1012-5435 Community Services Contract for the purposes of assisting in funding Safe Night 2000. Extensive discussion followed on the floor regarding potential fundraising opportunities, the city’s difficult financial situation and funding levels for other organizations. April 5, 2000 23 A vote on the Amending Resolution resulted as follows: Ayes (2) Sams, Manos Nays (6) Blumenthal, Vaughan, Spielholz, Hershey, Taylor, Pryor Abstentions – Glasstetter Failed Main Motion: A vote on the Main Motion resulted as follows: Carried Unanimously 19.3 Common Council – Approval of Funds for Ithaca Downtown Partnership Housing Market Analysis By Alderperson Vaughan: Seconded by Alderperson Farrell WHEREAS, the Ithaca Downtown Partnership (IDP) has identified housing development as a crucial component of a comprehensive downtown revitalization program, and WHEREAS, the first phase to be undertaken in an effort to promote downtown housing development is the completion of a downtown housing market analysis at an estimated cost of $10000, and WHEREAS, the market analysis will examine the demand for non-student housing in the downtown area and will include: assessment of market demand; market absorption; character and profile of units; demand of ownership; price points and environmental factors, and WHEREAS, the IDP will secure $5,000 in funding for the analysis and is requesting a $5,000 contribution from the City for the remaining amount; now, therefore, be it RESOLVED, That Common Council hereby approves funding for the Ithaca Downtown Partnership downtown housing market analysis in an amount not to exceed $5,000, and, be it further RESOLVED, That funding for said analysis shall be derived from the following sources: Transfer of funds from account A1990 Unrestricted Contingency to A6995-5435 Contribution to BID $2,500 Capital Reserve #25 Capital Improvements $2,500 Amending Resolution By Alderperson Hershey: Seconded by Alderperson Glasstetter RESOLVED, That the third Whereas clause be amended to read as follows: “WHEREAS, the market analysis will examine the demand for housing in the greater downtown area and will include: assessment of market demand; market absorption; character and profile of units; demand of ownership; price points and environmental factors, and” Carried Unanimously Discussion followed on the floor regarding the scope of the study. Main Motion As Amended: A vote on the Main Motion as Amended resulted as follows: Carried Unanimously 19.4 Common Council – Taxi Fare Temporary Surcharge – Possible Resolution This item was with withdrawn from the agenda. 19.5 Common Council – Approval of Funds for Southside Community Center Juneteenth 2000 Celebration By Alderperson Vaughan: Seconded by Alderperson Pryor April 5, 2000 24 WHEREAS, the Southside Community Center is planning to host a three-day celebration of Juneteenth 2000 during the weekend of June 16 – 18, 2000, and WHEREAS, the celebration has a total cost of $30,000 and the Community Center is asking the City for $2,500 to assist in covering the costs of the event, and WHEREAS, the celebration will: celebrate the unity of individual communities throughout Tompkins County; bring together different neighborhoods within the area to learn about an era in history; celebrate diversity and eliminating oppression; now, therefore, be it RESOLVED, That Common Council hereby authorizes an amount not to exceed $2,500 be transferred from account A1990 Unrestricted Contingency to account A1012-5435 Community Services Contracts for the purposes of assisting in funding the Southside Community Center Juneteenth 2000 Celebration. Carried Unanimously 19.6 Police Department – Request to Approve Sale of Two Police Motorcycles By Alderperson Vaughan: Seconded by Alderperson Glasstetter WHEREAS, the Ithaca Police Department currently has two 1998 Harley-Davidson motorcycles that are not being used to their maximum extent, and WHEREAS, the Police Department’s Traffic Unit is changing with a move toward traffic calming, including truck enforcement, and the motorcycles will see less and less use, and WHEREAS, Police Department staff members are recommending to sell the motorcycles at a minimum bid of $22,000 and would like to use the sale proceeds to purchase equipment for the newest patrol vehicles; now, therefore, be it RESOLVED, That Common Council hereby declares the Police Department’s two 1998 Harley-Davidson motorcycles surplus and directs the Controller’s Office to sell these vehicles at a minimum bid of $22,000, and, be it further RESOLVED, That the proceeds from the sale of the motorcycles shall be placed back into the 2000 Police Department Budget for purposes of purchasing authorized equipment for the Department’s patrol vehicles, and, be it further RESOLVED, That the Controller shall be authorized to make any necessary budget adjustments as a result of said sale of motorcycles. Carried Unanimously 19.7 City Chamberlain – Request to Award Contract for Parking Ticket Collection By Alderperson Vaughan: Seconded by Alderperson Sams WHEREAS, the City’s parking ticket issuance and enforcement software was not year 2000 compliant until very recently, and WHEREAS, parking tickets issued since January 1 will be entered and enforced using the City’s Munis software, and WHEREAS, parking tickets issued prior to January 1 will not be entered and enforced using the Munis software, and cannot be enforced using the current, non-compliant host software, and WHEREAS, the City Chamberlain requested, received and reviewed proposals from outside vendors to provide collection and enforcement services for parking tickets issued prior to January 1, 2000, and has determined that Complus, Inc., of Hawthorne, New York, submitted the lowest cost proposal for the desired services; now, therefore, be it RESOLVED, That Common Council authorizes the Mayor to enter into a contract with Complus, Inc. for the services related to the collection of outstanding parking tickets, and, be it further April 5, 2000 25 RESOLVED, That, after an initial notification, a penalty of 35 percent of the outstanding ticket balance be added to and collected as a penalty on those tickets sent to Complus, and, be it further RESOLVED, That the funds to pay Complus be derived from the collected penalties, and, be it further RESOLVED, That Common Council hereby authorizes the Controller to amend the 2000 Budget for Traffic Violations accounts A1130-2610 Fines and Forfeitures and A1130-5435 Contractual Services each to be increased by the amount of the penalty added. Amending Resolution By Alderperson Vaughan: Seconded by Alderperson Pryor RESOLVED, That the last Resolved Clause be amended to read as follows: “RESOLVED, That Common Council hereby authorizes the Controller to amend the 2000 Budget for Traffic Violations accounts A1130-2610 Fines and Forfeitures and A1130-5435 Contractual Services each to be increased by the amount of the additional penalties collected.” Ayes (9) Manos, Pryor, Sams, Farrell, Vaughan, Blumenthal, Glasstetter, Hershey, Taylor Nays (0) Abstention (1) Spielholz Carried Main Motion as Amended A vote on the Main Motion as Amended resulted as follows: Ayes (9) Manos, Pryor, Sams, Farrell, Vaughan, Blumenthal, Glasstetter, Hershey, Taylor Nays (0) Abstention (1) Spielholz Carried 19.8 City Chamberlain – Request to Allow Payments on Delinquent Taxes beyond the Redemption Period By Alderperson Vaughan: Seconded by Alderperson Farrell WHEREAS, in accordance with New York State Real Property Tax Law, Article 11, the City is entitled to foreclose tax liens which became a lien in 1998, and WHEREAS, on December 7, 1999, pursuant to New York State Real Property Tax Law and City Charter, the City Attorney caused a Notice and Petition of Foreclosure of the 1998 City tax liens be filed with the Tompkins County Supreme Court, and WHEREAS, while the period to pay taxes pursuant to the Notice and Petition ended on March 15, 2000, it will take at least another four to six weeks to file the final amended list of properties that remain unpaid and to finalize the foreclosure of tax liens; now, therefore, be it RESOLVED, That the City Chamberlain add a fee of $250 to each property on the foreclosure list to help offset the cost of proceeding with the foreclosure, and be it further RESOLVED, That the City Chamberlain is authorized to accept payment of taxes for properties on the foreclosure list at any time prior to filing the final amendment to the 1999 Foreclosure proceedings. Carried Unanimously 19.9 City Chamberlain – Request to Allow Payments on Pre-1998 Tax Liens By Alderperson Vaughan: Seconded by Alderperson Farrell April 5, 2000 26 WHEREAS, prior to 1998, delinquent City taxes were enforced pursuant to Article 10 of New York State Real Property Tax Law, and WHEREAS, since that time, the City has enforced delinquent taxes pursuant to Article 11 of New York State Real Property Tax Law, a process that vests the City with better title to properties with unpaid taxes when the foreclosure proceedings are finalized, and WHEREAS, the City still holds delinquent tax liens from periods prior to 1998, that cannot yet be enforced under Article 11; now, therefore, be it RESOLVED, That the City Chamberlain is authorized to accept payments of pre-1998 tax liens, with penalties as outlined in Section C-44 of the City Charter, until these liens can be enforced under Article 11, and be it further RESOLVED, That any liens not enforced under Article 11 by November 2000 be relieved with 2001 City taxes. Carried Unanimously 19.10 Planning and Development – Request Approval and Funding of Consulting Services for Transfer Approval of Time Warner, Inc. and America Online, Inc. By Alderperson Vaughan: Seconded by Alderperson Spielholz WHEREAS, the City of Ithaca is in negotiations with Time Warner Cable for the renewal of a cable franchise, and WHEREAS, Time Warner, Inc. and America Online, Inc. have taken steps to merge the two companies into one entity, and WHEREAS, the City of Ithaca is in receipt of the application for transfer submitted on the part of Time Warner and America Online for transfer of the franchise due to the impending merger between the two companies, and WHEREAS, Rice, Williams Associates is currently under contract by the City of Ithaca for the Time Warner Cable refranchise, and WHEREAS, the cable refranchise and the merger are separate items with separate timelines, and WHEREAS, it is recommended that Rice, Williams Associates be contracted for the amount not to exceed eight thousand dollars ($8,000) to review the application and perform all tasks necessary to appropriately respond to the merger within the review period; now, therefore, be it RESOLVED, That Common Council hereby authorizes and directs the Mayor to sign and execute the contract with Rice, Williams Associates for consulting services for the transfer of the cable franchise to the America Online, Inc. and Time Warner, Inc. merger at a cost not to exceed eight thousand dollars ($8,000) including expenses, and, be it further RESOLVED, That said funds will be advanced by the General Fund on an as-needed basis, and, be it further RESOLVED, That it is noted and understood that traditionally parties to the deal, in this case America Online, Inc. and Time Warner, Inc., pay the cost of consulting. The Consultant and the City will make every effort to recover the cost of the consultant fee after approval of the transfer/merger. Ayes (9) Manos, Pryor, Sams, Farrell, Vaughan, Blumenthal, Spielholz, Hershey, Taylor Nays (0) Abstentions (1) Glasstetter April 5, 2000 27 Carried 19.11 Planning and Development – Allocation of Additional Funds for the Preparation of the Final Generic Environmental Impact Statement for the Southwest Area Land Use Plan By Alderperson Vaughan: Seconded by Alderperson Blumenthal WHEREAS, on January 5, 2000, the Common Council authorized and directed the Mayor to enter into a contract with The Chazen Companies to prepare the final GEIS for the Southwest Area Land Use Plan for an amount not to exceed $50,000, including all reimbursable expenses, and WHEREAS, on March 24, 2000 The Chazen Companies presented the substantive/non- substantive comment recommendation to Common Council, and WHEREAS, due to the very large number of comments needing responses, The Chazen Companies has requested additional funds for the preparation of the final GEIS; now, therefore, be it RESOLVED, That an additional budget of $25,000 be allocated from the southwest area capital project #367 to be utilized for the purpose of the preparation of the final GEIS, and, be it further RESOLVED, That the Mayor is hereby authorized and directed to amend the fGEIS contract with The Chazen Companies to reflect the increase in the not-to-exceed amount by $25,000, making the total contract amount $75,000 including all reimbursable expenses. Carried Unanimously 19.12 Building Department – Request to Amend Building Department’s 2000 Overtime Budget By Alderperson Vaughan: Seconded by Alderperson Sams WHEREAS, the Building Department’s 2000 Budget did not include funds for overtime and the Department expended $10,527 in overtime in 1999, and WHEREAS, the Building Department will again need overtime funds in 2000 to administer several of the Cornell University construction projects that are in the works and to help alleviate the understaffed Building Department, and WHEREAS, staff has estimated that $9,000 should be sufficient to cover the needed overtime hours for the year 2000; now, therefore, be it RESOLVED, That Common Council hereby approves an amount not to exceed $9,000 be transferred from account A1990 Unrestricted Contingency to account A3620-5125 Building Department Overtime for purposes of providing a 2000 Overtime budget. Carried Unanimously 19.13 DPW – Approval of 1999 Sidewalk Assessments By Alderperson Vaughan: Seconded by Alderperson Manos WHEREAS, the 1999 Sidewalk Assessments have been reviewed by the Board of Public Works, and WHEREAS, the BPW has approved all 1999 sidewalk assessments except for the following four properties; 112 Cascadilla, 417 Cascadilla, 417 West Buffalo and 124 East Court Streets; now, therefore, be it April 5, 2000 28 RESOLVED, That Common Council hereby approves the 1999 Sidewalk Assessment Schedule attached, less the four properties appealing the assessment, and directs the City Chamberlain to make the appropriate billing for said assessments. Carried Unanimously 21.3 Common Council – Request to Approve Funds for Work Environment Task Force Project By Alderperson Vaughan: Seconded by Alderperson Sams WHEREAS, one of the Work Environment Task Force main goals is to obtain a complete picture of the City’s current work environment and after examination, make appropriate policies and procedures to improve the City’s work environment, and WHEREAS, an employee assessment survey has been created and preliminary data has been collected to examine the City’s work environment, and WHEREAS, the Task Force will be performing an in-depth data analysis on data collected in the following areas: Oppression/Intimidation; Supervisory/Performance Management and Health and Safety, and WHEREAS, these additional data analysis meetings may produce overtime charges from some of the employees involved, which has been estimated at no more than $10,000, and WHEREAS, the employees meeting for those days will need food and supplies; now, therefore, be it RESOLVED, That Common Council hereby transfers an amount not to exceed $1,800 from account A1990 Unrestricted Contingency to account A1430-5425 Human Resources Office Expense for the purposes of providing food and supplies for the Work Environment Task Force meetings, and, be it further RESOLVED, That Common Council hereby transfers an amount not to exceed $8,200 from Unrestricted Contingency to Restricted Contingency to cover possible overtime charges derived from said Work Environment Task Force meetings. Carried Unanimously RECESS: Common Council recessed at 9:50 p.m. RECONVENE: Common Council reconvened into Regular Session at 10:00 p.m. A Local Law to Amend the Ithaca City Charter in Relation to the Fluoridation of the Water Supplied by the City of Ithaca. Mayor Cohen issued an emergency message regarding the need to consider the local law this evening, hence waiving the requirement to lay the law on the table. He explained that the following Resolution was drafted as a Statement of Intent to accompany the Local Law. Resolution: By Alderperson Blumenthal: Seconded by Alderperson Vaughan WHEREAS, the Common Council is aware of the public interest in the issue of the fluoridation of the city’s water supply, and WHEREAS, the Common Council has been asked to take action on this issue, but is specifically restricted by the Ithaca City Charter from doing so, and WHEREAS, the City Charter states that the Common Council shall not enact or enforce any local law or ordinance or resolution for any purpose pertaining in any manner to the fluoridation of the water under the control of the city, and April 5, 2000 29 WHEREAS, a State Attorney General’s opinion states that the City of Ithaca can change this charter restriction if the voters decide to do so by a referendum vote, and WHEREAS, the Common Council is supportive of having this issue presented to the voters as a referendum, and WHEREAS, by passing a Local Law that eliminates the restrictions placed on the Common Council regarding the fluoridation of the city water supply, the Common Council is taking the first necessary step to bring this issue to the voters, and WHEREAS, it is not the intent of the Common Council to take a position, for or against, on this issue, or for the Common Council to be involved in the subsequent debate of this issue, and WHEREAS, it is the intent of the Common Council to afford the public an opportunity to engage in debate on the question of fluoridation and for the public to vote on this question; now, therefore be it RESOLVED, That the Common Council will vote on a Local Law that changes the City Charter, to allow for a referendum to be put before the voters on November 7, 2000, to decide on whether or not to fluoridate the city water supply. Carried Unanimously LOCAL LAW 2000 - By Alderperson Sams: Seconded by Alderperson Blumenthal BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows: SECTION 1. Section C-35 of the Ithaca City Charter, entitled “General Legislative Powers,” is hereby amended to read as follows: The legislative power of the city is vested in the Common Council, and it has power to enact and enforce any ordinance or resolution not repugnant to the Constitution or laws of this state for any local purpose pertaining to the government of the city and the management of its business, the protection of the business and property interests of its citizens, the preservation of order, peace and health and the safety and welfare of the city and the inhabitants thereof, [except that it shall not enact or enforce any local law or ordinance or resolution for any purpose pertaining in any manner to the fluoridation of the water under the control of the city or of the Water Department of the city government]; and it shall also have such powers of legislation, by ordinance or resolution, as are conferred upon it by this Charter or any other provision of law affecting the city not inconsistent with this Charter, except such as are specially conferred by this Charter upon any separate department or board of the city government. It shall have the management and control of the finances and of all the property, real and personal, belonging to the city, except as otherwise provided by this Charter or by any other provision of law not inconsistent therewith. The powers conferred by this section are not limited by the enumerated powers in the following section. SECTION 2. Section C-61(A)(1) of the Ithaca City Charter is hereby amended to read as follows: The Board of Public Works shall take charge and, subject to the limitations herein contained and the direction and review of the Common Council, shall have control of the following departments of the city government, of the property belonging thereto and of the appropriations made therefore: (1) Water[, except that it shall not in any manner fluoridate the water under the control of the Water Department of the city government]. April 5, 2000 30 SECTION 3. This Local Law shall be submitted to a referendum at the next general election. SECTION 4. This Local Law shall take effect after it is approved by the electorate at the next general election and is subsequently filed in the Office of the Secretary of State. Carried Unanimously 20. NEIGHBORHOOD AND COMMUNITY ISSUES: 20.2 An Ordinance Amending Sections 325-213B(2)(b),325-23B(2)(c), 325- 23B(2)(d), 325-23B(2)(e), and 32523B(3) of Chapter 325 Entitled “Zoning” of the City of Ithaca Municipal Code to Provide for Graffiti Removal By Alderperson Taylor: Seconded by Alderperson Blumenthal Ordinance No.00-______ WHEREAS, Common Council of the City of Ithaca wishes to provide for the removal of graffiti within the City; now, therefore, be it BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, New York, as follows: SECTION 1. Chapter 325, Section 325-23B(2)(b), entitled “Definitions” is hereby amended to include the following definitions: EXTERIOR STRUCTURES -- Include porch areas and the external walls of a building, as well as fences and retaining walls. GRAFFITI -- Any unauthorized inscription, word, figure, painting or other defacement that is written, marked, etched, scratched, sprayed, drawn, painted, or engraved on or otherwise affixed to any surface of public or private property to the extent that the graffiti was not authorized in advance by the owner or occupant of the property. SECTION 2. Chapter 325, Section 325-23(2)(d) is amended to delete the phrase “porch areas” and replace it with the phrase “exterior structures”. SECTION 3. A new subsection (3) is added to Section 325-23(2)(d) to read as follows: “[3] That any exterior structures that are defaced with graffiti do not remain so defaced for a period longer than twenty (20) days, provided that if the subject graffiti can reasonably be interpreted as being hateful or derogatory towards any person or any group of persons by virtue of their actual or perceived race, color, religion, age, disability, marital status, sexual orientation, military status, or national origin, then the property owner may request that the city remove the graffiti at no expense to the property owner.” SECTION 4. In order to make Section 325-23B(2)(e) entitled “Responsibilities of agents delegated by property owners” applicable throughout section 325-23B(2), Section 325-23B(2)(e) is hereby amended by deleting “(c)” from the first sentence. SECTION 5. Section 325-23B(3) is hereby amended as follows: In any case in which the city intends to correct a violation of § 325-23B(1) or (2) and then bill the property owner for the correction of the violation, the Building Commissioner or his/her designee shall notify the owner of the property, and, where relevant, the registered agent who has assumed responsibility as outlined in § 325-23B(2)(e) of this Code, in writing, of any violation of this section. Such notice shall be served in person or by mail to the address appearing on the city tax roll, requiring such person, within a time specified in such notice but in no event less than five days from the service or mailing thereof, to April 5, 2000 31 comply with this section and to cause the grass, brush or rubbish to be cut back or removed or if graffiti to have the same removed so as to comply with this section. In the event that graffiti removal is ordered during the winter months then upon receipt of a written request from the property owner or agent within the time specified in the notice for removal, the Building Commissioner may in his or her discretion extend the compliance period. Such notice shall also state that the property owner may contest the finding of the Building Commissioner by making a written request to have a hearing on the matter held at the next regularly scheduled meeting of the Board of Public Works. This written request must be mailed and postmarked or personally delivered to the Building Commissioner within the five-day compliance period, and any such written request for a hearing shall automatically stay further enforcement concerning the alleged violation pending such hearing. The decision of the Board of Public Works, by majority vote, shall be binding, subject to any further judicial review available to either the city or the property owner. Upon the failure of such owner to comply with such notice or alternatively to request a hearing as aforesaid within the time limit stated therein, or upon a Board of Public Works determination after a hearing that a violation exists, the Building Commissioner shall refer the matter by memorandum to the Superintendent of Public Works, who shall cause such premises to be put in such condition as will comply and shall charge the cost thereof to the owner of said premises, including a charge of 50% for supervision and administration. The minimum charge to the property owners shall be $25. Bills rendered for such services shall be handled in the manner prescribed by § 331-3 of the Code. Section 6. This ordinance shall take effective immediately in accordance with the law upon publication of a notice as provided by the Ithaca City Charter. Carried Unanimously 21. NEW BUSINESS: 21.1 Code of Conduct Gun Manufacturers By Alderperson Blumenthal: Seconded by Alderperson Glasstetter WHEREAS, it is in the public interest to stem all forms of violence to the greatest extent possible, and WHEREAS, there is no one way to accomplish this goal, but rather a number of strategies need to be developed to combat violence, and WHEREAS, State Attorney General, Elliot Spitzer, has developed a gunmakers code of conduct that lays out guidelines for gun manufacturers to follow, and in turn holds them accountable for not doing so by garnering commitments from state and local agencies t not purchase firearms from manufacturers who are not in compliance with the code of conduct, and WHEREAS, the Common Council is interested in seeing gun violence reduced, and feels that the code of conduct is one tool that can help in this regard; now, therefore be it RESOLVED, That the Common Council hereby endorses and signs on to the Attorney General’s gun manufacturers conduct. Discussion followed on the floor with Chief Basile answering questions from Council members. A vote on the Resolution resulted as follows: Carried Unanimously 21.2 County Assessment of Agricultural Lands - Report Mayor Cohen explained that he and other Village Mayors and Town Supervisors presented a Resolution to the County Legislature last night requesting that the County Assessment Office reconsider the assessments on vacant land, private forestland and other open spaces. He stated that the Assessor has indicated a willingness to review the situation. April 5, 2000 32 Action on this item was deferred for further discussion. 21.3 Municipal Revenue Sharing – Resolution By Alderperson Blumenthal: Seconded by Alderperson Glasstetter WHEREAS, municipal revenue sharing as currently disbursed by the New York State falls far short of the State Charter mandate, and WHEREAS, in prior years municipal revenue sharing has been drastically cut by the state, resulting in significant funding shortages for state municipalities and the services they provide, and WHEREAS, the state budget presented by Governor Pataki offered no increase in revenue sharing for municipalities, and WHEREAS, the State Assembly’s budget alternative increase municipal revenue sharing by 5%, resulting in an increase to the City of Ithaca of $62,675, and WHEREAS, the State Senate’s budget alternative increased municipal revenue sharing by 20%, resulting in an increase to the City of Ithaca of $250,699; now, therefore be it RESOLVED, That the Common Council and Mayor of the City of Ithaca urge both Assemblyman Luster and Senator Seward to work with the respective counterparts in the State Legislature to enact a state budget that increases municipal revenue sharing by at least the 20% level recommended in the State Senate’s budget proposal. Carried Unanimously 21.4 Motion to Enter into Executive Session Concerning a Matter of Litigation By Alderperson Sams: Seconded by Alderperson Glasstetter RESOLVED, That Common Council adjourn into Executive Session to discuss a matter of litigation. Carried Unanimously RECONVENE: Common Council reconvened into Regular Session with no formal action taken. 21.5 Retainer Agreement – Resolution By Alderperson Glasstetter: Seconded by Alderperson Sams RESOLVED, That the Mayor is hereby authorized to sign a Retainer Agreement with True, Walsh and Miller in the matter of an Article 78 proceeding in defense of the Board of Zoning Appeals in an amount not to exceed $5,000. Ayes (8) Manos, Pryor, Sams, Farrell, Glasstetter, Spielholz, Hershey, Taylor Nays (1) Blumenthal Carried Alderperson Vaughan was absent from the vote. ADJOURNMENT: On a motion the meeting adjourned at 11:15 P.M. ________________________ _______________________ Julie Conley Holcomb, CMC Alan J. Cohen, City Clerk Mayor