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HomeMy WebLinkAboutMN-CC-2001-02-07 1 COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 7:00 February 7, 2001 PRESENT: Mayor Cohen Alderpersons (9) Pryor, Sams, Blumenthal, Glasstetter, Manos, Farrell, Vaughan, Spielho1z, Hershey OTHERS PRESENT: City Clerk – Conley Holcomb City Attorney - Schwab City Controller – Cafferillo Deputy Controller – Thayer Planning and Development Director – Van Cort Superintendent of Public Works – Gray Asst. Superintendent of Water and Sewer - Fabbroni City Chamberlain – Parsons Human Resources Director – Michell-Nunn Fire Chief – Wilbur EXCUSED: Alderperson Taylor PLEDGE OF ALLEGIANCE: Mayor Cohen led all present in the Pledge of Allegiance to the American flag. APPROVAL OF MINUTES: Approval of the Minutes of the January 3, 2001 Common Council Meeting and the Minutes of the January 17, 2001 Special Common Council Meeting By Alderperson Manos: Seconded by Alderperson Pryor RESOLVED, That the minutes of the January 3, 2001 and January 17, 2001 Common Council meetings be approved as published. Carried Unanimously ADDITIONS TO OR DELETIONS FROM THE AGENDA: Planning Committee Alderperson Farrell requested the deletion of Items 5.3 – A Public Hearing to Consider An Ordinance Amending Chapter 325 Entitled “Zoning” of the City of Ithaca Municipal Code Regarding Amendment Procedures; and Item 19.1 – An Ordinance Amending Section 325-45 entitled “Amendment Procedure Outlined” of Chapter 325 of the City of Ithaca Municipal Code. No Council member objected. Budget and Administration Committee Alderperson Vaughan noted that there is a Substitute Resolution for Item 17.6. New Business Mayor Cohen requested the addition of Item 21.1 Possible Motion to Enter into Executive Session to Discuss Matters of Litigation and Collective Bargaining. No Council member objected. February 7, 2001 2 YOUTH AWARD: Alderperson Glasstetter referred his presentation of the Distinguished Youth Award to the March, 2001 meeting as the recipient of the award was not able to be present tonight. SPECIAL ORDER OF BUSINESS: 5.1 A Public Hearing to Consider the Adoption of the Economic Development Plan for the City of Ithaca as Part of the City’s Comprehensive Plan Resolution to Open Hearing By Alderperson Pryor: Seconded by Alderperson Farrell RESOLVED, That the Public Hearing to Consider the Adoption of the Economic Development Plan for the City of Ithaca as Part of the City’s Comprehensive Plan be declared open. Carried Unanimously The following people addressed comments to Common Council regarding the Economic Development Plan: Betsy Darlington, and Daniel Hoffman, members of the Conservation Advisory Council, read a prepared statement that was distributed to the Mayor and Common Council. Fay Gougakis, City of Ithaca Joel Harlan, Town of Dryden Resolution to Close Hearing By Alderperson Hershey: Seconded by Alderperson Pryor RESOLVED, That the Public Hearing to Consider the Adoption of the Economic Development Plan for the City of Ithaca as Part of the City’s Comprehensive Plan be declared closed. Carried Unanimously 5.2 A Public Hearing to Consider the Adoption of the September, 2000 Southwest Natural Area Master Plan Resolution to Open Hearing By Alderperson Pryor: Seconded by Alderperson Vaughan RESOLVED, That the Public Hearing to Consider the Adoption of the September 2000 Southwest Natural Area Master Plan be declared open. Carried Unanimously The following people addressed comments to Common Council regarding the Southwest Area Master Plan: Betsy Darlington, member of the Conservation Advisory Council, read a prepared statement that was distributed to the Mayor and Common Council endorsing the recommendations of the Natural Areas Commission. Linda Buttel, and Aaron Couture, members of the Natural Areas Commission, read a prepared statement that was distributed to the Mayor and Common Council. Fay Gougakis, City of Ithaca Joel Harlan, Town of Dryden February 7, 2001 3 Resolution to Close Hearing By Alderperson Hershey: Seconded by Alderperson Pryor RESOLVED, That the Public Hearing to Consider the Adoption of the September 2000 Southwest Natural Area Master Plan be declared closed. Carried Unanimously MAYOR'S APPOINTMENTS: Board of Public Works By Mayor Cohen: Seconded by Alderperson Hershey RESOLVED, That Joseph Leonardo II be appointed to the Board of Public Works with a term to expire December 31, 2003, and, be it further RESOLVED, That John Beach be appointed to the Board of Public Works with a term to expire December 31, 2003. Carried Unanimously Affirmative Action Committee By Mayor Cohen: Seconded by Alderperson Hershey RESOLVED, That Samuel Velazquez be appointed to the Affirmative Action Committee with a term to expire December 31, 2003. Carried Unanimously Bicycle-Pedestrian Advisory Council By Mayor Cohen: Seconded by Alderperson Hershey RESOLVED, That Andrejs Ozolins be appointed to the Bicycle- Pedestrian Advisory Council with a term to expire December 31, 2003, and, be it further RESOLVED, That Ron Chapman be appointed to the Bicycle-Pedestrian Advisory Council with a term to expire December 31, 2003. Carried Unanimously Board of Appeals on Building Code By Mayor Cohen: Seconded by Alderperson Hershey RESOLVED, That Grace Chiang be appointed to the Board of Appeals on Building Code with a term to expire December 31, 2003. Carried Unanimously Board of Fire Commissioners By Mayor Cohen: Seconded by Alderperson Hershey RESOLVED, That Robert Romanowski be appointed to the Board of Fire Commissioners as the Town of Ithaca Representative, with a term to expire June 30, 2003. Carried Unanimously Civil Service Commission By Mayor Cohen: Seconded by Alderperson Hershey RESOLVED, That Catherine Thompson be appointed to the Civil Service Commission with a term to expire May 31, 2006, and, be it further RESOLVED, That Frances Eastman be appointed to the Civil Service Commission with a term to expire May 31, 2002. Carried Unanimously February 7, 2001 4 Commons Advisory Board By Mayor Cohen: Seconded by Alderperson Hershey RESOLVED, That Kristin Lewis be appointed to the Commons Advisory Board with a term to expire December 31, 2002, and, be it further RESOLVED, That Natan Huffman be appointed to the Commons Advisory Board with a term to expire December 31, 2002. Carried Unanimously Conservation Advisory Council By Mayor Cohen: Seconded by Alderperson Hershey RESOLVED, That Paul Salon be appointed to the Conservation Advisory Council with a term to expire December 31, 2002, and, be it further RESOLVED, That Judith Jones be appointed to the Conservation Advisory Council with a term to expire December 31, 2002, and, be it further RESOLVED, That Michael Culotta be appointed to the Conservation Advisory Council with a term to expire December 31, 2002. Carried Unanimously Disability Advisory Council By Mayor Cohen: Seconded by Alderperson Hershey RESOLVED, That Larry Roberts be appointed to the Disability Advisory Council with a term to expire June 30, 2003, and, be it further RESOLVED, That Diana Pogson be appointed to the Disability Advisory Council with a term to expire June 30, 2003, and, be it further RESOLVED, That Margaret Mohn be appointed to the Disability Advisory Council with a term to expire June 30, 2003, and, be it further RESOLVED, That Reverend Nancy Lane be appointed to the Disability Advisory Council with a term to expire June 30, 2003. Carried Unanimously Housing Board of Review By Mayor Cohen: Seconded by Alderperson Hershey RESOLVED, That William Olney be appointed to the Housing Board of Review with a term to expire December 31, 2003. Carried Unanimously Ithaca Housing Authortiy By Mayor Cohen: Seconded by Alderperson Hershey RESOLVED, That Ann Bantuvanis be appointed to the Ithaca Housing Authority with a term to expire October 17, 2001 Carried Unanimously Ithaca Landmarks Preservation Commission By Mayor Cohen: Seconded by Alderperson Hershey RESOLVED, That Nancy Falconer be appointed to the Ithaca Landmarks Preservation Commission with a term to expire February 7, 2001 5 December 31, 2003, and, be it further RESOLVED, That Lauren Stiles be appointed to the Ithaca Landmarks Preservation Commission with a term to expire December 31, 2003. Carried Unanimously Natural Areas Commission By Mayor Cohen: Seconded by Alderperson Hershey RESOLVED, That Elizabeth Mulholland be appointed to the Natural Areas Commission with a term to expire December 31, 2003, and, be it further RESOLVED, That Aaron Couture be appointed to the Natural Areas Commission with a term to expire December 31, 2003, and, be it further RESOLVED, That Sarah Steuteville be appointed to the Natural Areas Commission with a term to expire December 31, 2001. Carried Unanimously Parks Commission By Mayor Cohen: Seconded by Alderperson Hershey RESOLVED, That K. Misti Wilcox be appointed to the Parks Commission with a term to expire December 31, 2003, and, be it further RESOLVED, That John Ullberg be appointed to the Parks Commission with a term to expire December 31, 2003. Carried Unanimously Planning and Development Board By Mayor Cohen: Seconded by Alderperson Hershey RESOLVED, That Albert Smith be appointed to the Planning and Development Board with a term to expire December 31, 2001, and, be it further RESOLVED, That Steven Ehrhardt be appointed to the Planning and Development Board with a term to expire December 31, 2003, and, be it further RESOLVED, That Scott Whitham be appointed to the Planning and Development Board with a term to expire December 31, 2003, and, be it further RESOLVED, That Fe Nunn be appointed to the Planning and Development Board with a term to expire December 31, 2002. Carried Unanimously Public Art and Design Committee By Mayor Cohen: Seconded by Alderperson Hershey RESOLVED, That Sally Grubb be appointed to the Public Art and Design Committee with a term to expire June 30, 2003, and, be it further RESOLVED, That William Benson be appointed to the Public Art and Design Committee with a term to expire June 30, 2003. Carried Unanimously February 7, 2001 6 Rental Housing Advisory Commission By Mayor Cohen: Seconded by Alderperson Hershey RESOLVED, That Sandra Conrad be appointed to the Rental Housing Advisory Commission with a term to expire December 31, 2003, and, be it further RESOLVED, That Jane Schafrik be appointed to the Rental Housing Advisory Commission with a term to expire December 31, 2003, and, be it further RESOLVED, That Jeffrey Denby be appointed to the Rental Housing Advisory Commission with a term to expire December 31, 2003. Carried Unanimously Shade Tree Advisory Committee By Mayor Cohen: Seconded by Alderperson Hershey RESOLVED, That Daniel Krall be appointed to the Shade Tree Advisory Committee with a term to expire December 31, 2003. Carried Unanimously Youth Bureau Advisory Board By Mayor Cohen: Seconded by Alderperson Hershey RESOLVED, That Scott Miller be appointed to the Youth Bureau Advisory Board with a term to expire December 31, 2003. Carried Unanimously COMMUNICATIONS: City Clerk Conley Holcomb read the following communication into the record: “The amendment that appears on tonight’s Common Council agenda reconfirms the process of referring proposed revisions of city zoning law to the City Planning Board for comment, but adds, “except for those of a minor or non-substantive nature.” However, the definition of “minor” (near the end of the second page) is vague and open to several interpretations, and needs rewording to avoid confusion and misuse of this process. Suggestions could be sought from the Planning Board. In fact, I believe that current city ordinances require that this proposed amendment must be referred to the City’s Board of Planning and Development before it is adopted by Common Council.” Jane Marcham, City of Ithaca PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: Joel Harlan, Town of Dryden addressed Council on issues regarding economic development and Cornell University. Betsy Darlington, City of Ithaca addressed Council regarding the experiences of board and committee members. She noted that committee members put a lot of time and energy into their work however their input is often ignored by Common Council. Fay Gougakis, City of Ithaca addressed Council regarding the vote on the Southwest Park Plan and the recusals from that vote. She further spoke on the issue of the relocation of the CVS Pharmacy. RESPONSE TO THE PUBLIC: Alderperson Spielholz and Mayor Cohen responded to comments made regarding advisory committee/board input. They stated that February 7, 2001 7 Common Council appreciates all of the work committee/board members do, and their input and written reports are received and considered. Alderperson Spielholz further responded to comments made regarding conflicts of interests and recusals from votes. City Attorney Schwab explained the definition of “Conflict of Interest” and Council member’s obligation of disclosure. COMMUNICATIONS FROM COMMON COUNCIL: Alderperson Sams reported that she and twenty other people will be receiving the New York State Assembly “Harriet Tubman Freedom Trail” Award in Albany. COMMUNICATIONS FROM THE MAYOR: Mayor Cohen read a proclamation for Spay Day USA. Mayor Cohen read the following State Of The City Address - February 7, 2001 “The year 2000, though in many ways difficult, was a productive year for the City of Ithaca. The year 2001 already looks to be as, if not more, promising. In short, the City of Ithaca is moving forward. Our economic development efforts continue on many fronts as we work to strengthen the urban core of our county. Though we are still finishing the final touches on planning for development in the Southwest part of the city, there is already exciting activity taking place. New investments are also being made in the West End and Inlet Island, and other parts of the city are being considered for new investment. The most exciting area is of course downtown. Despite some setbacks, we are seeing substantial investments being made downtown and a renewed sense of hope in its vitality. If there is anything bad about downtown to point out, it is the attitude of some of our residents and merchants who focus on the negative, rather than taking pleasure in the positive impacts of the initiatives being undertaken by both the public and private sectors. While this negativity is counterproductive, it will not stand in the way of the efforts of this city, the Ithaca Downtown Partnership and others who are committed to seeing the heart of our city prosper. A strong downtown depends on strong neighborhoods around it. In our neighborhoods, we are seeing reinvestment and new investment as more people are discovering the advantages of living in the city. As we focus more city hall resources on neighborhood improvement, we are moving forward with important neighborhood traffic calming initiatives and will be looking later this year at undertaking a comprehensive citywide traffic study. We are also laying the groundwork for an important neighborhood based planning effort that will directly involve residents in developing plans for their own neighborhoods. On the intermunicipal front, we are making headway in both our water and sewer discussions. There is a sense of momentum and a feeling that something can be accomplished in the near future. We will continue to focus our efforts on this important community issue. February 7, 2001 8 Internally the city is making great strides. We are expanding both the Human Resources and the Information Technology departments to support the needs of our employees. While we have taken many other steps to improve the work environment of our employees, the recently released report of the Work Environment Task Force highlights the fact that we still have a long way to go. Nonetheless, we are blessed with some of the best people an organization could ask for and we are all committed to making this a better place to work. On the budget front, we finally see some light at the end of the tunnel. Our projections reflect a robust local economy, and clearly we are moving in that direction. The city’s biggest challenge in the years ahead will be to not squander our monies and to attend to our many longstanding and neglected infrastructure needs. So by and large we should feel pretty good about the way things are going and our role as policy makers in helping to bring about these positive changes. But unfortunately, we have been operating in an atmosphere of hostility in which personal attacks are made on good and well-intentioned people. A year ago I spoke about this. I talked of those that choose to engage in conduct that is disrespectful of others, thus undermining their own credibility and that of the political process. As then, I am still proud to serve with colleagues who are dedicated to improving the welfare of our community and are committed to working together in an atmosphere of respect despite their differences of opinion. I close with a remembrance. Our community suffered a great loss this past week with the accidental death of Rashad Galen Richardson. He was a young man full of life and purpose, and he was the joy of his family and friends. My heartfelt condolences go out to his entire family. Rashad’s death not only reminds us of the fragility of life, but it puts into perspective everything else that we do. Things that seemed so important just yesterday are no longer, and priorities change. If ours change at all, we should focus more of our efforts on improving the lives of the children of our community. We often forget during the controversies we are embroiled in what we are working for. We are working to make this a better place for our children, and for their children. It is that simple.” REPORT OF CITY BOARDS, COMMISSIONS AND COMMITTEES: Alderperson Spielholz stated that she would like to see Boards and Committees present their opinions during public hearings, without being held to the three minute time limit. This item was identified as a discussion item for Common Council to consider at a later date. CONSENT AGENDA ITEMS: 16.1 City Chamberlain – Request to Approve Adjustment to 2001 City Tax Roll By Alderperson Vaughan: Seconded by Alderperson Manos WHEREAS, a sidewalk assessment in the amount of $1,432.81 with additional interest of $84.01 was added to the 2001 First Installment taxes for 417 Cascadilla Street, and February 7, 2001 9 WHEREAS, a reduction in the original bill as determined by the Board of Public Works was not reflected in the amount added to the 2001 City First Installment, and WHEREAS, the owner has now requested the opportunity to pay the corrected bill in installments, separate from the City tax bill; now, therefore, be it RESOLVED, That Common Council hereby authorizes the City Chamberlain to correct the 2001 City Tax Roll by removing the amount of the added sidewalk assessment, $1,516.82, from the tax bill for 417 Cascadilla Street. Carried Unanimously 16.2 City Chamberlain – Request to Approve Adjustment to City Sidewalk Warrant By Alderperson Vaughan: Seconded by Alderperson Manos WHEREAS, the sidewalk assessment for 417 Cascadilla Street has been adjusted by the Board of Public Works, and WHEREAS, the Assessment Warrant dated April 5, 2000 did not reflect the adjustment; now, therefore, be it RESOLVED, That the assessment for 417 Cascadilla Street be corrected and levied as $1,012.81, and be it further RESOLVED, That interest shall accrue on the assessment starting six months from the date of this resolution. Carried Unanimously 16.3 Youth Bureau – Request to Amend 2001 Youth Development Budget By Alderperson Vaughan: Seconded by Alderperson Manos WHEREAS, the Ithaca Youth Bureau will receive $5,741 in additional funds from the Ithaca City School District for support and expansion of the Twenty-first Century Grant work at Beverly J. Martin Elementary School, and WHEREAS, the program involves the development of community learning centers at Enfield Elementary School, BJM, and DeWitt Middle School; now, therefore, be it RESOLVED, That Common Council hereby amends the authorized 2001 Youth Development Budget as follows: Increase Revenue Account: A7310-3820-1203 Youth Programs $5,741 Increase Appropriation Accounts: A7310-5120-1203 P/T Seasonal $3,386 A7310-5460-1203 Program Supplies 2,016 A7310-9030-1203 Social Security 260 A7310-9040-1203 Workers’ Compensation 79 Carried Unanimously 16.4 Youth Bureau – Request to Amend 2001 Youth Development Budget By Alderperson Vaughan: Seconded by Alderperson Manos WHEREAS, the Ithaca Youth Bureau will receive $5,136 in additional revenue from the Paul Schreurs Memorial Program to February 7, 2001 10 support and expand the work in the Memorial Academic Support Program, and WHEREAS, the funds will be used for temporary part-time staffing which will enable the completion of several projects during the school year; now, therefore, be it RESOLVED, That Common Council hereby amends the authorized 2001 Youth Development Budget as follows: Increase Revenue Account: A7310-2070-1201 Contributions to Youth $5,136 Increase Appropriation Accounts: A7310-5120-1201 P/T Seasonal $4,670 A7310-9030 Social Security 393 A7310-9040 Workers’ Compensation 73 Carried Unanimously 16.5 Building Department - Assignment of Position to Bargaining Unit By Alderperson Vaughan: Seconded by Alderperson Manos WHEREAS, the position of Senior Code Inspector was created in the 2001 budget, and WHEREAS, the position description has been adopted by the Civil Service Commission and point factor analyses of the position has been completed, now, therefore, be it RESOLVED, That the position of Senior Code Inspector be assigned to the CSEA Administrative Unit as salary Grade 17. Carried Unanimously 16.6 Building Department - Assignment of Position to Bargaining Unit By Alderperson Vaughan: Seconded by Alderperson Manos WHEREAS, the position of Zoning Officer (part-time) was created in the 2001 budget, and WHEREAS, the position description has been adopted by the Civil Service Commission and point factor analyses of the position has been completed, now, therefore, be it RESOLVED, That the position of Zoning Officer be assigned to the CSEA Administrative Unit at salary grade 15. Carried Unanimously 16.7 DPW – Water and Sewer – Amendment to Personnel Roster By Alderperson Vaughan: Seconded by Alderperson Manos RESOLVED, That the Personnel Roster of the Water and Sewer Division of the Department of Public Works be amended as follows: Add: (1) Account Clerk-Typist (40 hrs) Carried Unanimously REGULAR AGENDA ITEMS: BUDGET AND ADMINISTRATION COMMITTEE: 17.1 Common Council – Support to Tompkins County for Increase February 7, 2001 11 of Room Tax By Alderperson Vaughan: Seconded by Alderperson Pryor WHEREAS, the Tompkins County Board of Representatives on January 16, 2001 approved a Home Rule Resolution requesting that the State Legislature increase the current limit pertaining to the levy of a room tax from three to five percent, and WHEREAS, the County plans to use the income raised from this increase for economic development purposes pertaining to the development of cultural tourism for the entire county, including the City of Ithaca, and WHEREAS, such efforts to develop the tourism sector of the economy can be of considerable benefit to the businesses and residents of the City of Ithaca; now, therefore, be it RESOLVED, That the Common Council of the City of Ithaca strongly supports the County Board of Representatives Home Rule Resolution, and urges our State Assemblyman and State Senator to support the County’s request to increase the current limit from three to five percent for the County Room Tax, and be it further RESOLVED, That this resolution be sent to Assemblyman Luster and Senator Seward. Carried Unanimously 17.2 City Clerk – Request of Ithaca Downtown Partnership to Permit Wine and Hard Cider Tasting and Sale of Bottled Wine and Hard Cider at the Annual Chili Cook-off on the Commons By Alderperson Vaughan: Seconded by Alderperson Hershey RESOLVED, That the Ithaca Downtown Partnership shall be authorized to arrange for the sale of wine and hard cider and to permit tasting of wines and hard cider at booths during the Chili Cook-off taking place on the Ithaca Commons on February 24, 2001, and be it further RESOLVED, That the Ithaca Downtown Partnership and participating wineries shall comply with all applicable state and local laws and ordinances, and shall enter into an agreement providing that it will hold the City harmless and indemnify the City on account of any claims made as the result of the sale or tasting of wine and hard cider on the Ithaca Commons, and be it further RESOLVED, That the Ithaca Downtown Partnership or the participating winery or cider company shall agree to maintain liability insurance in the amount of $500,000.00 and Dram Shop Act coverage in the minimum amount of $500,000.00, and shall provide notification of the event, and evidence of such insurance to the City Clerk. Carried Unanimously 17.3 City Chamberlain – Request to Approve Waiver of Penalty on School Taxes By Alderperson Vaughan: Seconded by Alderperson Spielholz WHEREAS, Stephen Shore is requesting a waiver of penalty on Ithaca City School District taxes assessed against 410 E. Yates Street, and February 7, 2001 12 WHEREAS, Mr. Shore has provided evidence that the payment was sent to the school district in a timely manner but was returned due to an error on his check; now, therefore, be it RESOLVED, That the City Chamberlain is authorized to accept the amount returned to the City for collection without additional penalties. Carried Unanimously 17.4 City Chamberlain – Request to Remove Assessment from 2001 Tax Bill and Refer to Board of Public Works By Alderperson Vaughan: Seconded by Alderperson Sams WHEREAS, Jagat Sharma had appealed the sidewalk assessment for 511 E. Buffalo Street before the Board of Public Works, and WHEREAS, the Board of Public Works reviewed the appeal, but took no formal action, and WHEREAS the assessment has since been added to the 2001 City First Installment Tax bill; now, therefore, be it RESOLVED, That the City Chamberlain is authorized to remove the assessment from the 2001 tax bill, and be it further RESOLVED, That the appeal of the sidewalk assessment be referred back to the Board of Public Works for formal action. Carried Unanimously 17.5 City Chamberlain – Request to Remove Assessment from 2001 Tax Bill and Refer to Board of Public Works By Alderperson Vaughan: Seconded by Alderperson Sams WHEREAS, David Ferris, the owner of 124 E. Court Street prior to February 14, 2000, had appealed the assessment for sidewalk repairs on this property before the Board of Public Works, and WHEREAS, the Board of Public Works reviewed the appeal, but took no formal action, and WHEREAS, the assessment has since been added to the 2001 City First Installment Tax bill; now, therefore, be it RESOLVED, That the City Chamberlain is authorized to remove the assessment from the 2001 tax bill, and be it further RESOLVED, That the appeal of the sidewalk assessment be referred back to the Board of Public Works for formal action. Carried Unanimously 17.6 City Chamberlain – Request to Remove Water Delinquency from Tax Bill By Alderperson Vaughan: Seconded by Alderperson Pryor WHEREAS, Joe Ciaschi has requested the removal of a delinquent water bill from the first installment tax bill for 635 West State Street, and WHEREAS, the City Attorney has informed the City Chamberlain’s office of several legal reasons not to remove the bill; now, therefore be it February 7, 2001 13 RESOLVED, That the request to remove the bill is denied. City Chamberlain Parsons explained that this is a 1997 bill that was added to the 2000 tax roll, removed from the bill by the Budget and Administration Committee last year, and added to the bill again this year. A vote on the Resolution resulted as follows: Carried Unanimously 17.7 Fire Department – Support of Board of Fire Commissioners’ Request to Move Volunteer Companies’ Artifacts from Central Fire Station By Alderperson Vaughan: Seconded by Alderperson Spielholz WHEREAS, Volunteer Companies 1, 2 and 3 of the Ithaca Fire Department have been requested by the Chief to temporarily vacate their offices at the Central Fire Station due to space needs of administration and other personnel, and WHEREAS, the Board of Fire Commissioners are requesting that the City of Ithaca consider paying for any costs that may be incurred due to the displacement of the before said companies’ artifacts (which represent a part of the history of the Ithaca Fire Department) and personal property or if necessary, make long term arrangements for the safe, secure storage of these items; now, therefore, be it RESOLVED, That Common Council hereby supports the position of the Board of Fire Commissioners and will consider paying costs incurred by the displacement of the companies’ artifacts. Extensive discussion followed on the floor regarding the types of costs that could be incurred, liability issues, and the arrangements that have been made with the Town of Ithaca. City Clerk Holcomb questioned if the records being moved were considered City records. Motion to Table By Alderperson Hershey: Seconded by Alderperson Pryor RESOLVED, That this item be tabled pending further discussion with Fire Department personnel. Carried Unanimously 17.8 Planning Department – Request to Amend Capital Project for Route 13 Pedestrian Bridge By Alderperson Vaughan: Seconded by Alderperson Manos WHEREAS, Common Council at its regular meeting of January 5, 2000 approved the establishment of Capital Project #421 Route 13 Pedestrian Bridge in the amount of $250,000 with funding from New York State Department of Transportation’s (NYSDOT) Multi-modal Program, and WHEREAS, the NYSDOT reviewed the project and added significantly to the scope of the project, increasing the project cost by $115,000, and WHEREAS, the Town of Ithaca was asked to participate in the additional project cost and declined; now, therefore, be it February 7, 2001 14 RESOLVED, That Common Council maintains that the route 13 Pedestrian Bridge is an essential link for connecting the City’s new Southwest Natural Area and the State-funded Black Diamond Trail to the South Hill Recreation Way and beyond to the Circle Green Way and the growing system of trails to the east of the City, and be it further RESOLVED, That Common Council hereby amends Capital Project #421 Route 13 Pedestrian Bridge authorization by an amount not to exceed $115,000 to a total project cost of $365,000, and be it further RESOLVED, That said $115,000 amendment shall be derived from the issuance of Serial Bonds. Superintendent of Public Works Gray explained the additions to the scope of the project including fencing and approaches at both ends of the bridge. He stated that ownership and maintenance of the bridge will revert back to New York State Parks and Historic Preservation upon project completion. Carried Unanimously 17.9 Planning Department – Request to Amend Contract for Cable Franchise Consultant By Alderperson Vaughan : Seconded by Alderperson Sams WHEREAS, Common Council at its regular meeting of March 4, 1998 approved a $120,000 Cable Franchise Consultant to assist with the negotiation of the City’s cable franchise agreement with Time Warner Cable, and WHEREAS, the cable franchise agreement negotiations are currently ongoing, and WHEREAS, the Planning Department staff has estimated that an additional $25,000 will be needed to complete the negotiation process, and WHEREAS, the other municipalities which have joined with the City in this negotiation are still expected to make a reasonable contribution toward their share of the cost of this consultant; now, therefore, be it RESOLVED, That Common Council hereby amends the current contract with Rice Williams Associates, Inc. for consulting services for the City’s cable television services franchise agreement by an amount not to exceed $25,000 for a total contract of $145,000, and be it further RESOLVED, That the Mayor is hereby authorized and directed to sign and execute said amendment with Rice Williams Associates, Inc., 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 the consultant and the City, as well as other municipalities that have joined the City in these negotiations, will make every effort to recover the cost of the consultant fee from the franchise agreement. Discussion followed on the floor regarding the negotiation process and financial costs covered by each contributing municipality. February 7, 2001 15 Mayor Cohen stated that the City will attempt to recover the fees but may not be able to and this legislation should not be voted on based on that presumption. A vote on the Resolution resulted as follows: Carried Unanimously 17.10 DPW – Request to Amend Capital Project for Linn Street Bridge Replacement By Alderperson Vaughan: Seconded by Alderperson Spielholz WHEREAS, Common Council at its regular meeting of April 1, 1998 approved the Linn Street Bridge Replacement Project in the amount of $788,000, of which 95% would be funded by federal and state funds, and 5% would be City-funded, and WHEREAS, bids were received on January 9, 2001 reflecting a post bid budget of $1,130,000 as follows: Design $ 200,000 Construction 850,000 Construction Inspection 80,000 $1,130,000 WHEREAS, the cost increases of the project were associated with the two-year delay in bidding, the additional cost associated with landscaped brick plaza and the additional pavement needed; now, therefore, be it RESOLVED, That Common Council hereby amends Capital Project #280 Linn Street Bridge Replacement by an amount not to exceed $342,000 for a total project cost of $1,130,000, and be it further RESOLVED, That the Mayor be authorized to sign all necessary agreements with New York State Department of Transportation to secure Federal Aid and Marchiselli Aid on behalf of the City of Ithaca, and the Superintendent be authorized to sign all necessary construction documents, contracts, certifications, and reimbursement requests, and be it further RESOLVED, That this project be undertaken with the understanding that the final cost to the City will be five percent (5%) of the final approved project cost, currently estimated at $56,500 of the $1,130,000 authorized for the project, in monies and in-kind services as managed by the Superintendent and monitored by the City Controller, and be it further RESOLVED, That the funds for said project amendment shall be derived by the issuance of Serial Bonds. Discussion followed on the floor regarding New York State Parks and Historic Preservation’s involvement with this project. Alderperson Vaughan explained that the money for this project must be paid up front and 95% of the funds will be reimbursed. The total City cost of this project is $56,000. Alderperson Hershey thanked the Linn Street residents for their patience during the 2000 summer construction season. A vote on the Resolution resulted as follows: Carried Unanimously 19. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE: February 7, 2001 16 19.1 An Ordinance Amending Section 325-45 entitled “Amendment Procedure Outlined” of Chapter 325 entitled “Zoning” of the City of Ithaca Municipal Code This item was withdrawn from the agenda. Alderperson Farrell thanked Alderperson Blumenthal for her years of hard work, dedication, and leadership as Chair of the Planning and Economic Development Committee. 19.2 Cayuga Waterfront Trail Grant Submission – Report Alderperson Farrell reported that the City submitted a grant proposal to New York State Parks, Recreation and Historic Preservation in August 2000, in the amount of $275,000, to construct part of the Cayuga Waterfront trail in Cass Park. This proposal is part of the six mile trail that will link all parts of the waterfront. The City has not received formal notification of the award of this grant yet, but indications have been positive from Senator Seward’s office. It is possible that only a partial grant amount will be funded, so the Planning Department staff is considering submitting a smaller grant proposal in the amount of $60,000 to construct three of the pedestrian/bicycle bridges in the original project. The grant funding would come from Federal Recreational Trails Program, the City’s funding match is 20% at $12,000. This grant application is a back-up submission in case the original project is not completely funded. The application is due February 28, 2000. Mayor Cohen noted that Lt. Governor Donahue will be holding a press conference on Monday in Ithaca, so it is possible that grant award information will be made available at that time. 20. HUMAN RESOURCES COMMITTEE: 20.1 Planning Department - Amendment to Personnel Roster By Alderperson Manos: Seconded by Alderperson Hershey RESOLVED, that the Personnel Roster of the Planning Department be amended as follows: Add: (1) Planner II (20 hrs) (1) Environmental and Landscape Planner (20 hrs) Carried Unanimously 20.2 DPW – Water and Sewer Amendment to Personnel Roster By Alderperson Manos: Seconded by Alderperson Pryor RESOLVED, that the Personnel Roster of the Water and Sewer Division of the Department of Public Works be amended as follows: Add: (1) Data Processing Operator (40 hrs) Carried Unanimously 20.3 DPW – Water and Sewer Amendment to Personnel Roster By Alderperson Manos: Seconded by Alderperson Sams RESOLVED, that the Personnel Roster of the Water and Sewer Division of the Department of Public Works be amended as follows: Add: (1) Junior Engineer (40 hrs) Carried Unanimously February 7, 2001 17 20.4 DPW – Water and Sewer Amendment to Personnel Roster By Alderperson Manos: Seconded by Alderperson Sams RESOLVED, that the Personnel Roster of the Water and Sewer Division of the Department of Public Works be amended as follows: Add: (1) Laboratory Technician (40 hrs) Carried Unanimously 20.5 DPW – Water and Sewer Amendment to Personnel Roster By Alderperson Manos: Seconded by Alderperson Hershey WHEREAS, the Water Treatment Plant is currently short-staffed due to a vacancy in a Water Treatment Plant Operator position, and WHEREAS, it is inadvisable to fill this vacancy on a permanent basis due to impending staff reductions that could occur as a result of the Water Consolidation discussions, and WHEREAS, the Department of Public Works currently employs a Wastewater Treatment Plant Operator who is also certified as a Water Treatment Plant Operator, and WHEREAS, this employee is willing to accept shift assignments at both the Wastewater and Water Treatment Plants as an interim solution to the staffing shortage, now, therefore, be it RESOLVED, that the Personnel Roster of the Water and Sewer Division of the Department of Public Works be temporarily amended for the period February 7, 2001 to February 7, 2002 as follows: Add: (1) Water/Wastewater Treatment Plant Operator (40 hrs) and be it further RESOLVED, that the position of Water/Wastewater Treatment Plant Operator be assigned to the CSEA Administrative Unit at salary grade 11. Carried Unanimously 20.6 Mayor’s Office - Request to Amend Personnel Roster By Alderperson Manos: Seconded by Alderperson Pryor WHEREAS, Common Council established the Drug Task Force Coordinator position and salary at its regular meeting of March 1, 2000, and WHEREAS, the coordinator position is funded by a four-year Drug Free Community Support Grant by the U. S. Department of Justice, which began October 1, 1999, and WHEREAS, the coordinator position and salary was established as of April 3, 2000 at a salary of $17,160, and WHEREAS, the position should have been established on October 1, 1999, and WHEREAS, a retroactive adjustment is needed to the Drug Task Force Coordinator position from October 1, 1999 to April 3, 2000 in the amount of $2,395.98; now, therefore, be it RESOLVED, That Common Council hereby amends the Office of the Mayor’s Authorized Personnel Roster as follows: February 7, 2001 18 Add: One (1) Drug Task Force Coordinator (30 hours) and be it further RESOLVED, That the Drug Task Force Coordinator position is assigned to the Management Compensation Plan at a salary of $17,160 effective October 1, 1999, and be it further RESOLVED, That the $2,395.98 in funds needed for said adjustment shall be derived from the Drug Free Community Support Grant. Carried Unanimously 20.7 Retired City Employees – Prescription Drug Co-Pay By Alderperson Manos : Seconded by Alderperson Glasstetter WHEREAS, on November 1, 2000, Common Council enacted a resolution which changed the prescription co-payment for retired City employees, who participate in the City’s Health Insurance Program, to $2 for generic drugs and $10 for brand name drugs, and WHEREAS, on December 6, 2000, Common Council enacted a resolution which postponed the effective date of the implementation of said increase in prescription drug co-payments for retired City employees who participate in the City’s Health Insurance Program, and WHEREAS, the Human Resources Committee reviewed information provided by retirees, and data developed by City staff relating to the Prescription Drug Program; now, therefore, be it RESOLVED, That, effective March 1, 2001, the Prescription Drug co-payment for City retirees be hereby adjusted to $2 for generic drugs and $5 for name brand drugs, and increase the maximum allowable prescription which may be filled to a 90 day supply, and be it further RESOLVED, That this co-payment is not reimbursable through any section of the Health Insurance Program. Alderperson Manos stated that a contingent of retirees have voiced their support of this resolution to her. She further thanked the City retirees for offering input into this issue. Alderperson Hershey thanked Alderperson Manos for reaching out to the retirees on this issue and stated that the City needs to improve communication with retirees. A vote on the Resolution resulted as follows: Carried Unanimously 21. NEW BUSINESS: Alderperson Sams thanked Acting Mayor Manos, TCAT, GIAC, the Ithaca Police Department, and the Department of Public Works for their response to the Richardson family tragedy. Motion to Enter into Executive Session By Alderperson Spielholz: Seconded by Alderperson Manos RESOLVED, That Common Council enter into Executive Session to discuss litigation and collective bargaining. Carried Unanimously February 7, 2001 19 Reconvene Common Council reconvened into Regular Session with no formal action taken. ADJOURNMENT: On a motion the meeting adjourned at 11:25 P.M. ________________________ _______________________ Julie Conley Holcomb, CMC Alan J. Cohen, City Clerk Mayor