HomeMy WebLinkAboutMN-CC-2001-04-04
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COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 7:00 pm April 4, 2001
PRESENT:
Mayor Cohen
Alderpersons (9) Pryor, Blumenthal, Glasstetter, Manos,
Farrell, Vaughan, Taylor, Hershey, Spielholz
EXCUSED: Alderperson Sams
OTHERS PRESENT:
City Clerk – Conley Holcomb
City Attorney - Schwab
Deputy Controller – Thayer
Planning and Development Director – Van Cort
Deputy Director of Planning and Development – Cornish
Economic Development Director - McDonald
Superintendent of Public Works – Gray
Human Resources Director – Michell-Nunn
Community Development Administrator - Bohn
Director of Information Technology – Twardokus
PLEDGE OF ALLEGIANCE:
Mayor Cohen led all present in the Pledge of Allegiance to the American flag.
APPROVAL OF MINUTES:
Approval of the February 7, 2001 Common Council Meeting Minutes
By Alderperson Pryor: Seconded by Alderperson Manos
RESOLVED, That the Minutes of the February 7, 2001 Common Council meeting be
approved as published.
Carried Unanimously
ADDITIONS TO OR DELETIONS FROM THE AGENDA:
Human Resources Committee
Alderperson Manos requested the addition of Item 18.5 – Controller’s Office – Request
to Amend Authorized Personnel Roster – Resolution.
No Council member objected.
Budget and Administration Committee
Alderperson Vaughan requested the Substitution of Agenda Item
19.3 – Request Funds to Join International Council for Local Environmental Initiatives –
Resolution.
No Council member objected.
Planning Committee
Alderperson Farrell requested the deletion of Item 21.3 A, B, C, - Adoption of the
Southwest Natural Area Master Plan.
She further requested the addition of Item 21.5 – Endorsement of Recreational Trails
Program Grant – Resolution.
No Council member objected.
April 4, 2001
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Economic Development Committee
Mayor Cohen requested the deletion of Item 17.1 – National Development Council –
Report.
No Council member objected.
Unfinished and Miscellaneous Business
Alderperson Hershey requested the addition of Item 23.1 – Establishment of a
Reapportionment Committee.
No Council member objected.
SPECIAL ORDER OF BUSINESS:
Adoption of the Southwest Area Land Use Plan - Resolution
By Alderperson Pryor: Seconded by Alderperson Hershey
WHEREAS, the City of Ithaca is proposing the adoption of the Southwest Area Land
Use Plan, (formerly the “Southwest Area Land Use Study”), City of Ithaca, 1994
including the 1998 Addendum, prepared by the Southwest Area Land Use Committee,
and
WHEREAS, in the 1994 Plan, the summary of recommendations called for the following:
1. That the process of the alienation of Southwest Park be completed.
2. That money from the disposition of the current Southwest Park be
used partly for acquiring substitute parkland and partly for capital
improvements to existing City parks.
3. a) That a right-of-way be reserved for a future south-west roadway
to connect Elmira Road west to Floral Avenue, possibly continuing
up West Hill. The right-of-way should make ample provision for
separate bicycle and pedestrian paths, and landscaping.
b) That a right-of-way be reserved for the future construction of a
north-south roadway to improve access to the Southwest Park area
and to alleviate future congestion on Meadow Street/Elmira Road.
The right-of-way width reserved should be adequate for anticipated
bicycle and pedestrian use, as well as automotive.
4. That, with the exception of the area now developed with mobile
homes, the areas zoned MH-1 be rezoned to a heavy commercial
designation. And that no further development of housing be
permitted on the area formerly used as a garbage dump.
5. a) That ‘Southwest Park’ and the adjoining City-owned parcel to the north
be rezoned for a predominantly residential mixed-use planned unit
development (PUD). To do this, the City must amend the Zoning
Ordinance to allow planned unit development.
b) That the City should solicit proposals from developers for a planned
unit development in the alienated Southwest Park.
WHEREAS, the major changes contained in the addendum included:
1. Identification of wetlands within Southwest Park
2. Revision of future land use and zoning recommendation for Southwest
Park
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3. Requiring buffers between conflicting land uses
4. Expansion of the Cherry Street Industrial Park
5. Provision of public access to substitute parklands
6. Termination of the reserved east-west travel corridor at the Conrail
railroad tracks prior to the Flood Control Channel
7. Mitigation of off-site impacts of development
8. Establishment of design guidelines to ensure quality site and project
development
WHEREAS, on May 6, 1998, the City of Ithaca Common Council, acting as Lead
Agency, determined that adoption of the Southwest Area Land Use Plan might have a
significant environmental impact and that a Generic Environmental Impact Statement
was required, and
WHEREAS, on June 1, 1998, the City of Ithaca held both an Agency Scoping Session
and a Public Scoping Session to identify issues to be analyzed in the draft Generic
Environmental Impact Statement for the proposed Southwest Area Land Use Plan, and
WHEREAS, on August 5, 1998, Common Council, after considering both written and
public comments made during the public and interested agency comment period,
adopted the Scoping Document for the draft Generic Environmental Impact Statement
(GEIS) for the Southwest Area Land Use Plan, and
WHEREAS, on November 4, 1998, Common Council, after receiving additional
comments from the New York State Office of Parks, Recreation and Historic
preservation amended the Scoping Document to include the investigation of impacts on
historical and archeological resources, and
WHEREAS, on December 20, 1999, Common Council accepted the GEIS as complete,
and
WHEREAS, following this acceptance, a public hearing was duly noticed and held on
January 24 and 25, 2000, and a 59-day public comment period, (30 day minimum
required by SEQRA), ran until February 17, 2000, and
WHEREAS, on March 24, 2000, Common Council finalized a list of the substantive
comments to be addressed in the Final Generic Environmental Impact Statement
(FGEIS), and
WHEREAS, on May 25, 2000, Common Council accepted the FGEIS as complete, and
WHEREAS, Common Council has carefully considered the GEIS and the FGEIS,
including comments made by City committees and boards, the public, and interested
agencies, and
WHEREAS, on August 24, 2000, the City of Ithaca Common Council, adopted a
Statement of findings for the Southwest Area Land Use Plan, and
WHEREAS, the City of Ithaca Common Council recognizes that the proposed
Southwest Area Land Use Plan and the Southwest Area Land Use Plan Generic
Environmental Impact Statement are products of extensive processes which involved
public participation including public review and comments, and
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WHEREAS, members of Common Council have reviewed the proposed Southwest
Area Land Use Plan and the 1998 Addendum to the Plan, and
WHEREAS, members of Common Council recognize that the Plan is general in nature
and that as specific projects are proposed, they will be subject to environmental review
in accordance with the State Environmental Quality Review Act and the City
Environmental Quality Review Ordinance and site plan review in accordance with the
City of Ithaca Site Plan Review Ordinance, and
WHEREAS, members of Common Council recognize that the Southwest Area Land Use
Plan includes sufficient flexibility for future decision-makers to allow for the
implementation of items proposed in the plan, and,
WHEREAS, members of Common Council are in favor of the 1994 Southwest Area
Land Use Plan including the 1998 Addendum, and
WHEREAS, after referring the Southwest Area Land Use Plan and Addendum to the
Tompkins County Planning Department Pursuant to §239-l–m of the New York State
General Municipal Law, which requires all actions within 500 feet of a county or state
facility, including county and state highways, be reviewed by the County Planning
Department, Common Council made substantive changes to the April 1998 Addendum
and these changes were not referred to the County for comment prior to approval of the
Addendum, for inclusion in the Southwest Area Land Use Plan, and
WHEREAS, on January 3, 2001, before this procedural error was realized, Common
Council adopted the Southwest Area Land Use Plan and the 1998 Addendum, and
WHEREAS, on February 22, 2001, the City reissued the Southwest Area Land Use
Plan and Addendum to the Tompkins County Planning Department and the County has
had the requisite 30 days to review and comment on the Southwest Area Land Use
Plan and the Addendum, and
WHEREAS, the required public hearings have been held for the adoption of the Plan on
May 6, 1998 and on December 18, 2000; now, therefore, be it
RESOLVED, That the City of Ithaca Common Council hereby adopts the 1994
Southwest Area Land Use Plan including the 1998 Addendum as part of the City of
Ithaca’s Comprehensive Plan.
Alderperson Manos disclosed that her husband is a property owner in the proposed
development area, and although she recused herself from the last vote, she has been
advised by the City Attorney that she does not have a legal conflict of interest and she
will exercise her right to vote on this resolution.
Alderperson Vaughan disclosed that she owns property directly affected by the
proposed development area, so she will be recusing herself from the vote tonight.
A vote on the Resolution resulted as follows:
Ayes (7) Manos, Pryor, Farrell, Blumenthal, Taylor,
Glasstetter, Hershey
Nays (0)
Recusals (1) Vaughan
Carried Unanimously
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A Public Hearing to Consider the Proposed City of Ithaca FY 2001
Small Cities Community Development Block Grant (CDBG) Application
Resolution to Open Public Hearing
By Alderperson Taylor: Seconded by Alderperson Farrell
RESOLVED, That the Public Hearing to consider the Proposed City of
Ithaca FY 2001 Small Cities Community Development Block Grant
(CDBG) Application be declared open.
Carried Unanimously
Alderperson Spielholz arrived at the meeting at 7:12 pm.
George Ferrari, Catholic Charities, asked Common Council to reconsider the addition of
funding in the Community Development Block Grant Application for a wheelchair
accessible ramp for the Catholic Charities building on Buffalo Street.
The following people addressed Common Council in support of the
Community Development Block Grant Application as proposed:
Carol Ann Brust Maryann Marsh
Bonnie Blanding-May Marcus Goiwes
Antoinette Martinez Flora Sagan
Towanda Dean Annmarie Murray
Robert Boothroyd Jim Hardesty
Chad Hoover Fay Gougakis
Tammy Baker Joel Harlan
Eileen Canjeano-Heath
The following people spoke in opposition of the inclusion of the Mutual Housing
Association proposal in the Community Development Block Grant Application:
Lynne Saulsbury
Raquel Mercado
Resolution to Close Public Hearing
By Alderperson Hershey: Seconded by Alderperson Farrell
RESOLVED, That the Public Hearing to consider the Proposed City of
Ithaca FY 2001 Small Cities Community Development Block Grant
(CDBG) Application be declared closed.
Carried Unanimously
A Public Hearing to Consider the Adoption of the September 2000 Southwest
Natural Area Master Plan
Resolution to Open Public Hearing
By Alderperson Glasstetter: Seconded by Alderperson Hershey
RESOLVED, That the Public Hearing to consider the Adoption of the
September 2000 Southwest Natural Area Master Plan be declared
opened.
Carried Unanimously
The following people spoke in opposition to the Adoption of the Southwest Natural Area
Master Plan.
Barbara Ebert Dan Cogan
Joel Harlan Fay Gougakis
Neil Oolie
April 4, 2001
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Motion to Close Public 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:
Community Police Board
By Mayor Cohen: Seconded by Alderperson Pryor
RESOLVED, That Herb Nelson be re-appointed to the Community Police Board with a
term to expire December 31, 2003.
Carried Unanimously
Disability Advisory Council
By Mayor Cohen: Seconded by Alderperson Spielholz
RESOLVED, That Lauren Signer be appointed to the Disability Advisory Council with a
term to expire June 30, 2002.
Carried Unanimously
City Judge
By Mayor Cohen: Seconded by: Alderperson Manos
RESOLVED, That Marjorie Olds be appointed City Judge with a term to expire
December 31, 2006.
Carried Unanimously
COMMUNICATIONS:
City Clerk Holcomb read a letter into the record from Jane Pedersen, Chair of the 4th
Ward Democratic Committee requesting that the Mayor appoint a citizens group to
review the data provided by the recent census and to make recommendations for
redistricting.
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
The following people addressed Common Council regarding the proposed off-leash dog
park:
Doria Higgins, Town of Ithaca
Heather Hoffmeister, City of Ithaca
Barbara Ebert, representative of the Tompkins County Environmental Management
Council
Herb Engman, Town of Newfield resident and previous Chair of the Tompkins County
Environmental Management Council
Suzanne Morgan, City of Ithaca
Tammy Baker, City of Ithaca
Fay Gougakis, City of Ithaca
The following people addressed Common Council regarding the proposed development
principles:
Joe McNearney, Cornell Student and Member of Common Good Coalition
Carl Feuer, City of Ithaca
Daniel Kim, City of Ithaca
Ed Ritchie, Newark Valley - President of the Tompkins-Cortland Building Trades Council
Jen Bloom, City of Ithaca
Steve Flash, Town of Ithaca - representative of the Boatyard Grill and Ithaca Boating
Center suggested that that the proposed inlet island parking plan specifically include
inlet island in the proposal.
April 4, 2001
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Neil Oolie, City of Ithaca - conduct of public meetings
Gary Ferguson, Ithaca Downtown Partnership Executive Director, urged Council to
move forward with Commons improvements items.
Joel Harlan, Town of Dryden – economic development issues
RESPONSE TO THE PUBLIC:
Alderperson Pryor responded to a comment that referenced her involvement with the
Mutual Housing Association, and stated that the comment was not true.
Alderperson Manos expressed her thanks to members of the Common Good Coalition
for their input.
Alderperson Blumenthal stated that the proposed dog park and natural areas issues
would be addressed, and additional information would be made available.
COMMUNICATIONS FROM COMMON COUNCIL:
Alderperson Vaughan informed everyone that the B & A meeting in April would be
Tuesday April 24, 2002 at 7:30 p.m. in Common Council Chambers.
COMMUNICATIONS FROM THE MAYOR:
Mayor Cohen proclaimed April 6, 2001 as Starlight Peer Advocacy Center
Empowerment Day.
Mayor Cohen proclaimed April 13-20, 2001 as White Ribbon Week.
Mayor Cohen proclaimed April as Child Abuse Prevention Month.
Mayor Cohen distributed the 2001 Tompkins County Health Department rabies vaccine
clinic schedule.
CONSENT AGENDA ITEMS:
16.1 City Clerk – Approval of Simeon’s Alcohol Permit
Request
By Alderperson Farrell: Seconded by: Alderperson Spielholz
WHEREAS, since 1987 the City of Ithaca has issued a license to Simeon’s Restaurant
allowing that restaurant to utilize certain areas along Aurora Street and on the Ithaca
Commons for outdoor dining, and
WHEREAS, this use of public property has generally been deemed proper and
successful, and
WHEREAS, the City of Ithaca wishes to promote diverse uses of the Ithaca Commons,
including outdoor dining, and
WHEREAS, it is Common Council’s responsibility to determine whether or not to allow
the serving and consumption of alcohol on the Ithaca Commons, and
WHEREAS, Common Council has determined that the use of this public property for
outdoor dining at Simeon’s Restaurant, including the responsible sale and consumption
of alcohol, is desirable, and
WHEREAS, Common Council has determined that any use of this or similar public
property involving the 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 year 2001, Common Council hereby approves a revocable
Alcoholic Beverage Permit for the outdoor sale and consumption of alcohol for Simeon’s
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Restaurant that includes the sale of alcohol in accord with the terms and conditions set
forth in application therefore, including the minimum Dram Shop coverage in the amount
of $500,000.00 and the approval of an outdoor dining permit.
Carried Unanimously
16.2 City Clerk – Approval of Viva Taqueria’s Alcohol
Permit Request
By Alderperson Farrell: Seconded by: Alderperson Spielholz
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 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 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 year 2001, 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 the minimum Dram Shop
coverage in the amount of $500,000.00 and the approval of an outdoor dining permit.
Carried Unanimously
ECONOMIC DEVELOPMENT COMMITTEE:
17.1 National Development Council - Report
This item was withdrawn from agenda.
18. Human Resources Committee:
18.1 DPW - Request to Hire Above Minimum Salary
By Alderperson Manos: Seconded by Alderperson Hershey
WHEREAS, the Department of Public Works garage operation is currently understaffed
by three positions, and
WHEREAS, the department has been unable to hire qualified and experienced
candidates at the current starting salary, 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 at a starting salary rate of $12.00, $2.72 above the contract rate.
Discussion followed on the floor regarding the effect this resolution would have on
existing employees.
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Motion to Table:
By Alderperson Vaughan: Seconded by Alderperson Glasstetter
RESOLVED, That this Resolution be tabled until further information is obtained by the
Human Resources Director.
Carried Unanimously
Motion to Remove from the Table:
By Alderperson Vaughan: Seconded by Alderperson Pryor
RESOLVED, That Item 18.1 be removed from the table for further discussion.
Carried Unanimously
Human Resources Director Michelle-Nunn stated that there are City employees that are
paid less than $12.00 per hour, but that the unit contract provides for Common Council
to offer a salary above the minimum hiring rate commensurate with experience. In this
particular case the individual has significant experience in auto mechanics.
A vote on the Resolution resulted as follows:
Carried Unanimously
18.2 Human Resources Department – Request to Designate Managerial Position
- Resolution
By Alderperson Manos: Seconded by Alderperson Vaughan
RESOLVED, That Common Council hereby designates the position of Manager of
Organizational Development to the Managerial Compensation plan, salary grade 3.
Carried Unanimously
18.3 Request to Approval Labor Contract - Resolution
By Alderperson Manos: Seconded by Alderperson Vaughan
RESOLVED, That Common Council approves the 2000-2004 Police Benevolent
Association Labor Contract, and, be it further
RESOLVED, That the salary increases shall be calculated retroactive to January 1,
2000 and January 1, 2001 as outlined in the said agreement.
Carried Unanimously
18.4 Information Technology Department - Request to Increase Starting Salary -
Resolution
By Alderperson Manos: Seconded by Alderperson Vaughan
WHEREAS, Common Council authorized three new positions for the newly formed
Department of Information Technology for 2001, and
WHEREAS, The Director of Information Technology has commenced a nationwide
search to fill the Senior Network Administrator position at a starting salary of $45,000.
The top three candidates in the pool are currently making significantly more than the
Director is authorized to offer, and
WHEREAS, The market value for information technology professionals has been greatly
driven up due to the increased need for their skills in this highly technical environment,
and
WHEREAS, In order to attract and retain individuals in the information technology
profession a more competitive salary is needed; now, therefore, be it
RESOLVED, That Common Council authorizes the Director of Information Technology
to hire a Senior Network Administrator at an annual starting salary of $55,000, and be it
further
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RESOLVED, That the additional $10,000 be transferred from unrestricted contingency
Account # A1990 and transfer to A1320-5110.
Discussion followed on the floor regarding Information Technology Department functions,
and the applicant pool for the position.
Alderperson Pryor thanked IT Director Twardokus for distributing a memo that explained
the proposal in great detail, and gave comparisons to review.
Attorney Schwab suggested an additional clause be added to the Resolution that
addresses the State Civil Service Commission recognition of the problem statewide.
Further discussion followed regarding the funding of the position. IT Director Twardokus
stated that outsourcing is currently costing the City $ 97.00 per hour, and filling the
position with an appropriately skilled individual would eliminate those costs.
Motion to Call the Question:
By Alderperson Hershey: Seconded by Alderperson Blumenthal
RESOLVED, That the question be called.
Carried Unanimously
A vote on the Resolution resulted as follows:
Ayes: (6) Blumenthal, Manos, Farrell, Vaughan, Hershey, Spielholz
Nays: (3) Glasstetter, Taylor, Pryor
Carried
Recess:
Common Council recessed at 10:20 p.m.
Reconvene:
Common Council reconvened into Regular session at 10:40 p.m.
18.5 Controller’s Office – Request to Amend Authorized Personnel Roster
By Alderperson Manos: Seconded by Alderperson Glasstetter
RESOLVED, That Common Council hereby amends the Controller’s Office Authorized
Personnel Roster as follows:
Add: One (1) Principal Account Clerk 40 hours
Delete: One (1) Payroll Coordinator 35 hours
and, be it further
RESOLVED, That said roster amendment shall be effective April 9, 2001.
Carried Unanimously
Motion to Enter into Executive Session
By Alderperson Manos: Seconded Alderperson Pryor
RESOLVED, That Common Council adjourn into Executive Session to discuss
collective bargaining matters and pending litigation.
Carried Unanimously
Regular Session:
Common Council reconvened into Regular Session with no formal action taken.
April 4, 2001
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19. Budget and Administration Committee:
19.1 An Ordinance Amending Section 317-14 Entitled “Removal
and Storage Charges, Penalties for Violation” of Chapter 317 Entitled “Removal of
Vehicles” of the City of Ithaca Municipal Code
By Alderperson Vaughan: Seconded by Alderperson Manos
Ordinance No. – 2001
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as
follows:
Section 317-14 of Chapter 317 of the Code of the City of Ithaca, entitled “Removal of
Vehicles,” shall be amended as follows:
Sec. 317-14. Removal and storage charges; penalties for violation.
A. Removal and storage charges for nonconsensual towing of vehicles in the City of
Ithaca are hereby established as follows:
(1) Ordinary removal charges shall not exceed [$50] $55 total charge.
“Ordinary removal” means the removal of any vehicle that is not a special
equipment removal, a special problem or circumstance removal, or an
extraordinary removal.
(2) Special equipment removal charges shall not exceed [$70] $75 total charge.
“Special equipment removal” means the removal of any vehicle that requires
special equipment such as dollies, flat beds, ramps, jacks or slings.
(3) Special problem or circumstance removal charges shall not exceed [$70]
$75 total charge. “Special problem or circumstance” means the removal of
any vehicle that involves additional steps such as snow removal, difficult
access to a locked vehicle, and extra cleanup. A request shall be made by
the tow truck operator to the police officer at the scene of the tow that the
tow be treated as a special problem or circumstance removal. Reasons for
the request shall be stated by the tow truck operator to the police officer at
the scene and shall be recorded in the vehicle towed report. Approval or
denial of request is to be made at the discretion of the police officer at the
scene of the tow and indicated on the “Police Towing” log. Denial of the
request by the police officer shall cause the tow to be deemed an ordinary
removal.
(4) Extraordinary removal charges shall be based on the actual costs of the use
of the extraordinary equipment, plus labor charges. “Extraordinary removal”
means the removal of any vehicle requiring the necessary use of one or
more additional tow trucks, a crane or other extraordinary equipment other
than regular or special towing equipment.
(5) A fee not to exceed [$25] $30 may be charged by the tow truck operator to
the owner or operator of any vehicle requiring removal services as provided
in this chapter whenever the owner or operator appears to remove the
vehicle after the tow truck operator has hooked up the vehicle for towing or
removal, but before the vehicle has been removed from the scene.
(6) Storage fees not exceeding [$15] $20 per day or fraction thereof may be
charged by the tow truck operator after the vehicle has been stored for more
than 24 hours.
(7) An after-hours service charge not to exceed [$10] $25 may be charged by
the tow truck operator whenever the tow truck operator is called to release a
vehicle from the storage yard during the hours of 11:00 p.m. to 7:00 a.m.
B. Violation of any provision of this chapter shall be punishable by a fine of not more
than $250 or by imprisonment for a period not exceeding 15 days for each such
offense, or by both such fine and imprisonment.
Carried Unanimously
April 4, 2001
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Alderperson Vaughan thanked Alderpersons Manos and Farrell taking the initiative to
meet with the tow truck operators and taking action on this issue.
19.2 Planning Department – Request Approval of Contract for
Parking Garage Feasibility Study - Resolution
By Alderperson Vaughan: Seconded by Alderperson Pryor
WHEREAS, the Budget and Administration Committee has before it two contracts for the
Parking Garage Feasibility Study, the first for Desman Associates and the second for
Shears and Leese, LLC, and
WHEREAS, a subcommittee of staff from the Planning and Development Department and
the Department of Public Works recommends these two consultants for the study, and
WHEREAS, the scope of the study is to investigate approximately six sites in the
downtown and Collegetown areas for two new or expanded garages, to do a preliminary
feasibility analysis for the construction of a multi-level parking garage in the West End and
Inlet Island areas, to determine the feasibility of new or expanded parking structures and
provide cost estimates for each site, and to provide enough information on siting,
engineering and cost to help the City decide which alternatives to pursue; now, therefore,
be it
RESOLVED, That the Mayor for the City of Ithaca is hereby authorized and directed to
enter into contracts with Desman Associates and Shears and Leese, LLC to study and
make recommendations to the City in regard to parking and parking structures in
Collegetown, Downtown, the West End, and Inlet Island for a combined amount not to
exceed $110,400, including all reimbursable expenses, and, be it further
RESOLVED, That said contracts with Desman Associates and Shears and Leese, LLC
shall be funded from the existing authorization in Capital Project 250 Parking Facility
Design.
Alderperson Vaughan confirmed that the contract amount is less than the projected
amount. Discussion followed on the floor relating to client groups and committees that
would work with consultants and staff.
Planning Director Van Cort stated that it would be more efficient and productive to have
each of the four focus groups (Collegetown, downtown, West End and Inlet Island) meet
with the consultant individually and avoid discussion that is exclusive to specific areas.
Alderperson Blumenthal stated that her intent was to form focus groups accompanied by a
client committee that would provide input to staff. This would be appropriate for a study of
this magnitude and it should be open to any council member to be involved.
Motion to Call the Question:
By Alderperson Hershey: Seconded by Alderperson Pryor
RESOLVED, That the question be called.
Ayes (8) Manos, Pryor, Farrell, Vaughan, Glasstetter, Spielholz, Hershey, Taylor
Nays (1) Blumenthal
Carried
Motion to Re-enter into Executive Session:
By Alderperson Manos: Seconded by Alderperson Pryor
RESOLVED, That Common Council re-enter into Executive Session to discuss collective
bargaining and pending litigation.
Carried Unanimously
Reconvene:
Common Council reconvened into Regular Session with no formal action taken.
April 4, 2001
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19.3 Planning Department – Request to Join International Council for Local
Environmental Initiatives
By Alderperson Vaughan: Seconded by Alderperson Blumenthal
WHEREAS, there is scientific consensus that carbon dioxide and other greenhouse
gasses released into the atmosphere may have an effect on the Earth’s climate, and
WHEREAS, based on scientific study, the United States has pledged along with 160
countries under the United Nations Framework Convention on Climate Change to reduce
its greenhouse gas emissions, and
WHEREAS, energy consumption, specifically the burning of fossil fuels such as coal, oil,
and gas, accounts for more than 80% of U.S. greenhouse gas emissions, and
WHEREAS, local governments greatly influence their community’s energy usage by
exercising key powers over land use, transportation, building construction, waste
management, and in many cases, energy supply and management, and
WHEREAS, local government actions taken to reduce greenhouse gas emissions and
increase energy efficiency provide multiple local benefits by decreasing air pollution,
creating jobs, reducing energy expenditures and saving money for the municipality, its
businesses and its citizens, and
WHEREAS, the Cities for Climate Protection Campaign (CCP), sponsored by the
International Council for Local Environmental Initiatives (ICLEI), has invited the City of
Ithaca to become a partner in the Campaign, and
WHEREAS, the Budget and Administration Committee has reviewed the Conservation
Advisory Council resolution entitled “City of Ithaca Conservation Advisory Council
Resolution for Participating in the Cities for Climate Protection Campaign,” passed March
12, 2001, and
WHEREAS, the City of Ithaca Conservation Advisory Council has recommended to the
City of Ithaca Common Council that it join in the Cities for Climate Protection Campaign
and purchase the associated greenhouse gas emissions software, and
WHEREAS, the City of Ithaca Conservation Advisory Council has also recommended to
the City of Ithaca Common Council that it join the International Council for Local
Environmental Initiatives (ICLEI) and,
WHEREAS, The City has encouraged the County Board of Representatives to join ICLEI
because many of the issues encompassed in the ICLEI scope of work are countywide in
nature, such as transportation planning and solid waste management, and
WHEREAS, City representatives met with the County Environmental Management Council
and the County Planning Committee to encourage the County to join ICLEI and to
participate in the Cities for climate Protection program in a timely fashion in order to obtain
the free services of an ICLEI intern to work on establishing a countywide data base or
environmental issues, and
WHEREAS, the County Board of Representatives met on April 3, 2001 and voted to join
the Cities for Climate Protection Program:
WHEREAS, it is still important for the City to make a commitment to ICLEI principles, and
WHEREAS, in order to do this, the City might want to purchase the greenhouse gas
emissions software, to accomplish the goals set forth below; now, therefore, be it
April 4, 2001
14
RESOLVED, That the City will work with the County to provide information to assist with
achieving ICLEI goals in the Cities for Climate Protection Program software analysis, and,
be it further
RESOLVED, That the City of Ithaca pledges to:
1. Take a leadership role in the City to increase [increasing] energy efficiency
and to reduce [reducing] greenhouse gas emissions from municipal
operations:
2. Develop and implement a local action plan which describes the steps the
City of Ithaca will take to reduce both greenhouse gas and air pollution
emissions; the plan will include:
[ joining the International Council for Local Environmental Initiatives (ICLEI);]
a greenhouse gas emissions analysis and forecast to determine the sources and
quantity of greenhouse gas emissions within its jurisdiction related to the City’s
municipal operations, which include, but not limited to: buildings, vehicle fleet,
employee commute, street lights, water and sewer, and waste;
a Carbon Dioxide or greenhouse gas emissions reduction target; related to the above
items;
a strategy for meeting the City of Ithaca’s greenhouse reduction target related to the
above items;
a process for measuring progress, on a regular basis, for the implementation of the
local action plan, and, be it further
RESOLVED, That the City will work with the County this summer if the opportunity arises
as County time on the software analysis project permits, but will not interfere with the
County’s goal of collecting countywide data, and, be it further
RESOLVED, That Common Council hereby approves the transfer in the amount not to
exceed $475 [$840] from account A1990 Unrestricted Contingency to the following
accounts for the purposes of [joining said Initiative and] acquiring the greenhouse gas
emissions software:
[A8020-5430 $600]
A8020-5225 $475 [$240]
Carried Unanimously
19.4 Planning Department – Request to Amend Capital Project
#431 South of the Creek Traffic Study
By Alderperson Vaughan: Seconded by Alderperson Hershey
WHEREAS, the City of Ithaca has commissioned a traffic study as part of the Findings
Statement for the Generic Environmental Impact Statement for the Southwest Area Land
Use Plan, and
WHEREAS, the Planning and Development Department has received proposals from
various consultants for the completion of this study and a selection subcommittee is in the
process of choosing a consultant, and
WHEREAS, after reviewing the selection subcommittee’s recommendations, the Planning
Committee recommended that an additional $5,000 be allocated for said purpose and
recommends that Common Council approve the hiring of a consultant to complete the Six
Point traffic study for an amount not to exceed $45,000; now, therefore, be it
RESOLVED, That Capital Project #432 South of the Creek Traffic Study be amended by
an amount not to exceed $5,000 for the purpose of completing said study, giving a total
Project cost of $45,000, and be it further
April 4, 2001
15
RESOLVED, That the Mayor for the City of Ithaca is hereby authorized and directed to
enter into contract with Wilbur Smith Associates, New Haven, Connecticut, for the purpose
of completing said study for an amount not to exceed $45,000, including all reimbursable
expenses, and be it further
RESOLVED, That funds for said amendment shall be derived from the transfer of $5,000
from account A1990 Unrestricted Contingency to the Capital Fund.
Alderperson Pryor requested that language addressing the increase and availability of use
of public transit in terms of the impact on traffic be added. She added that the Resolution
doesn’t include the formation of a client committee, but previous discussion has always
included it.
City Planner Logue stated that in negotiations with Wilbur Smith they had promised to
orchestrate public participation at the onset, the middle, and at the end of the study. The
client committee would suggest amendments or changes to the study and Wilbur Smith
would incorporate those into the final report. Wilbur Smith would provide presentations to
the Board of Public Works as well as Common Council.
A vote on the Resolution resulted as follows:
Carried Unanimously
19.5 City Controller – Request to Approve Acceptance of
Credit Card Pilot Program at Newman Golf Course
By Alderperson Vaughan: Seconded by Alderperson Manos
WHEREAS, the local golfing community and the Board of Public Works have been
requesting that the City accept payment by credit cards at the Newman Golf Course, and
WHEREAS, the Budget and Administration Committee has agreed to establish a pilot
program at Newman Golf Course allowing the customers to pay by credit cards contingent
on the program fees being offset by revenues, and
WHEREAS, the Controller’s Office will establish this pilot program giving periodic reports
to both the Board of Public Works and the Budget and Administration Committee for the
2001 golf season, and
WHEREAS, a survey for use of credit cards in other City departments will be established
and distributed with the understanding that the results will be evaluated and brought back
to the Budget and Administration Committee for determination of future use of credit cards;
now, therefore, be it
RESOLVED, That Common Council hereby approves a Pilot Program for the 2001 golf
season at Newman Golf Course for the ability to pay by credit cards contingent on the
program fees being budget-neutral, and be it further
RESOLVED, That the Controller’s Office in conjunction with DPW staff will establish,
monitor and evaluate said Pilot Program and report back to the Budget and Administration
Committee with results.
Discussion followed on the floor with Deputy Controller Thayer stating that the golf course
would accept all credit cards and the use fees charged by certain card companies would
be absorbed by the City. He added that VISA use fees could not be charged back to the
consumer by increasing rates.
Mayor Cohen stated that other municipalities have begun accepting credit cards for
multiple services although a federal law exists that prohibits municipalities from charging
back the credit card fee for property taxes.
April 4, 2001
16
A vote on the Resolution resulted as follows:
Carried Unanimously
19.6 City Controller – Request to Approve Cooperative Energy
Contract
By Alderperson Vaughan: Seconded by Alderperson Pryor
WHEREAS, the Counties of Tompkins, Tioga, Otsego and Broome have formed a
Municipal Electric and Gas Alliance to purchase electric and gas from alternate sources,
and
WHEREAS, the Electric Contract with NYSEG Solutions, Inc. will expire in April, 2001, and
WHEREAS, after a recent bid, the Alliance has awarded Advantage Energy, Inc. of
Hamburg, New York with the bid to be the Alliance’s preferred supplier for electric supply
sales to participants in the Alliance for the next two years, and
WHEREAS, the City of Ithaca is a member of the Alliance and has determined, after
review of the contract, that Advantage Energy will provide some savings in the City’s
overall electrical cost; now, therefore, be it
RESOLVED, That the City of Ithaca shall participate in the cooperative purchase
agreement and may, thereby, purchase electric power under the contract with Advantage
Energy, Inc. and be it further
RESOLVED, That a copy of this resolution shall be sent to the Tompkins County
Department of Finance, and be it further
RESOLVED, That Common Council hereby authorizes the Mayor to sign the agreement
for cooperative purchase of electrical power between the City of Ithaca and Advantage
Energy, Inc. for the period April, 2001 to March, 2003.
Carried Unanimously
19.7 Planning Department – Request Approval of Fountain Area
Improvements Contract
By Alderperson Vaughan: Seconded by Alderperson Hershey
WHEREAS, the City of Ithaca Common Council has established capital improvement
funding for Commons Improvements in the amount of $622,000, and
WHEREAS, the Economic Development Committee of Common Council has approved
the design and engineering estimates for improvements to the Commons fountain area,
and
WHEREAS, bids were solicited on March 12, 2001 with a deadline for bid submission of
March 23, 2001, and
WHEREAS, only one bid was received by the City, that bid being from McPherson
Builders of Ithaca, New York, in the amount of $198,375 for General Construction as per
specifications, and in the amount of $33,432 for Electrical Construction as per
specifications; now, therefore, be it
RESOLVED, That the City of Ithaca Common Council hereby approves and awards
contracts to McPherson Builders Inc. of Ithaca, New York for General Construction as per
specifications in the amount of $198,375, and for Electrical Construction as per
specifications in the amount of $33,432, and be it further
April 4, 2001
17
RESOLVED, That the following additional approvals be given for the project:
A 10% construction contingency in the amount of $25,730,
A $15,000 allowance for 4 (four) light fixtures,
A $10,500 allowance for purchase, shipping and installation of 8 (eight) trees,
and, be it further
RESOLVED, That Common Council hereby authorizes the Controller’s Office to merge
Capital Project #437 Commons & Peripheral Street Improvements into Capital Project
#386 Commons Improvements for a total project authorization of $622,000, and be it
further
RESOLVED, That said contracts and said additional approvals shall be derived within
existing funds in Capital Project #386.
Alderperson Blumenthal clarified that the total cost of the project is actually $325,562
including demolition.
Discussion followed on the floor regarding the type and placement of trees.
A vote on the Resolution resulted as follows:
Ayes (7) Manos, Pryor, Farrell, Vaughan, Glasstetter, Hershey, Taylor
Nays (2) Blumenthal, Spielholz
Carried
19.8 Contingency Account – Report
Deputy Controller Thayer stated that the balance of the 2001 Unrestricted Contingency
Fund is $35,000. The Restricted Contingency Fund has $120,000.
NEIGHBORHOOD AND COMMUNITY ISSUES COMMITTEE:
20.1 Pilot Off-Leash Dog Park – Resolution
By Alderperson Pryor: Seconded by Alderperson Spielholz
WHEREAS, the City of Ithaca has received from the New York State Office of Parks,
Recreation and Historic Preservation and the Tompkins County Dog Owners’ Group
(TCDOG) a letter requesting the use of City of Ithaca land at Ala H. Treman State
Marine Park for a pilot off-leash dog park, and
WHEREAS, the proposal for a pilot off-leash dog park has been reviewed and approved
by City Parks Commission, the Board of Public Works, the Neighborhood and
Community Issues Committee, and, in concept, by the Natural Areas Commission, and
WHEREAS, the City’s involvement in the off-leash dog park proposal is limited to
permission for the use of certain city owned land, and
WHEREAS, in its presentation to the N&CI Committee, TCDOG described certain rules
and procedures for the operation of the dog park which would be agreed to and
monitored by the New York State Office of Parks and Historical Preservation through
regular observation of dog park use and through monthly evaluation sessions with
members of TCDOG, and
WHEREAS, TCDOG has agreed to provide the City, through the N & CI committee,
regular reports as to activity at the dog park and the results of its monthly evaluations,
and
WHEREAS, the establishment of an off-leash dog park would increase the diversity of
recreational opportunities for city residents, and
April 4, 2001
18
WHEREAS, Chapter 164-9 Prohibited Acts of the City Code currently includes the
following language: “Any owner of a dog or any other person who harbors any dog in
the City of Ithaca shall be in violation of this article if such dog:
A. Is not restrained by an adequate collar and leash when not on the property of
the owner or any other person harboring or having custody or control of the
dog.”
now, therefore, be it
RESOLVED, That Common Council gives its approval to a one year trial of a pilot off-
leash dog park at Allan H. Treman State Marine Park, and be it further
RESOLVED, That Chapter 164-9 Prohibited Acts be amended to include the following
addition:
A-1 Exemption: Subdivision A above does not apply to owners of dogs whose
dogs are off-leash in an area to be established and designated as an off-leash
dog park pilot project sponsored by the New York State Office of Parks,
Recreation and Historic Preservation and the non-profit Tompkins County Dog
Owners’ Group (TCDOG). The dog park is to be located within the boundaries of
Treman Marina and the City owned land adjacent to it, as shown on the attached
map. The part of the dog park located on City land shall be regulated by the
Board of Public Works. This exemption shall extend for the one-year trial period
of the pilot, but in no event shall this exemption extend beyond August 31, 2002.
Alderperson Pryor stated that she contacted Jack Clancy, Regional Director of the
Finger Lakes State Parks who assured her that the only part of the State Park Land or
the City owned land that would be used for the dog park would be the part that is
already a mowed area, not a preserved natural area. In addition, NYS State Parks has
determined that the use of this area for dog walking is already included in the master
plan for Allen H. Treman State Marine Park, therefore no further SEQR process is
required in order to put this pilot project into effect. She further clarified that the
wetlands area is not part of the dog park.
Alderperson Hershey stated that he has been in contact with Rick Manning, Chair of the
Parks Commission and Coordinator for the Waterfront Trail. Mr. Manning has expressed
his concern over the location of the park and would prefer to see it developed in another
area of the City.
Alderperson Pryor stated that the park and the dog owners have been successfully co-
existing for a while and this resolution would structure the relationship in a way that
could be evaluated.
A vote on the Resolution resulted as follows:
Carried Unanimously
21.3 (A) Adoption of the Southwest Natural Area Master Plan
Comprehensive Plan Amendment – Declaration of Lead Agency
This item was removed from the agenda
21.3(B) Southwest Natural Area Master Plan – Declaration of
Negative Environmental Significance
This item was removed from the agenda
April 4, 2001
19
21.3(C) Adoption of Comprehensive Plan Amendment – Southwest
Natural Area Master Plan
This item was removed from the agenda
21.4 FY 2001 Small Cities Community Development Block
Grant Application
By Alderperson Farrell: Seconded by Alderperson Hershey
WHEREAS, on January 24, 2001 the Governor’s Office for Small Cities announced the
availability of funding for the Housing, Public Facilities, MicroEnterprise and
Comprehensive FY 2001 Annual Round of the New York State administered
Community Development Block Grant (CDBG) Small Cities Program, and
WHEREAS, the application authorizes Ithaca to apply for a grant of up to $750,000
through the “Comprehensive” category or $400,000 through the “Single Purpose”
category, and
WHEREAS, a “Comprehensive” application is intended to address a substantial portion
of the community development needs of a defined area through two or more
coordinated activities in the areas 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 IURA 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 23, 2001, and
WHEREAS, the IURA solicited funding proposals on January 31, 2001 from citizens,
for-profit and not-for-profit organizations and received 32 proposals, and
WHEREAS, in compliance with the Citizen Participation Plan, the IURA held two
Community Input meetings on February 8, 2001 at GIAC and February 15, 2001 at the
Tompkins County Public Library, and a public hearing on February 27, 2001 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 February 27th, March 6th, March 13th and March 15th to develop a list
of recommended activities to include in the grant application, and
WHEREAS, at their March 15, 2001 meeting, the IURA recommended that the Common
Council approve the following CDBG application and back-up application, and
WHEREAS, at their March 21, 2001 meeting, the Planning Committee forwarded the
issue for Common Council action without a recommendation; now, therefore, be it
RESOLVED, That the Common Council hereby authorizes and directs the IURA to
submit a $750,000 Comprehensive FY 2001 Small Cities CDBG application to include
the following budgeted activities:
April 4, 2001
20
Downtown
$125,000 Downtown Retail Incubator
$15,000 Women’s Community Building Commercial Kitchen
Renovations
$140,000 Subtotal
Lower Northside Neighborhood
$345,000 INHS Lower Northside Neighborhood Housing Program
$100,000 MHATC Pilot Scattered Site Housing Initiative
$25,000 Buffalo Street & Court Street Traffic Calming
$25,000 Academic Plus After-School Program at BJM School
$25,000 GIAC/BJM Playground/Basketball Court Upgrade
$520,000 Subtotal
Administration
$90,000 Administration
---------------
$750,000 TOTAL
and, be it, further
RESOLVED, That should the IURA determine that any of the above activities encounter
feasibility issues that would hinder their timely completion or affect their impact scoring, the
Common Council 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
$54,000 IDP Downtown Retail Recruitment Support Program (drugstore, etc…)
$82,500 IDP Downtown Elevator Matching Grant Program
$100,000 Expansion of INHS LNS Neighborhood Housing Program
and, be it further,
RESOLVED, That the Common Council authorizes the IURA to indicate that the City’s
$2 million Neighborhood Housing Initiative will be available to convert and renovate
rental properties in the Lower Northside Neighborhood to owner-occupied single-family
homes or duplexes, and be it further,
RESOLVED, That should the IURA determine that the above Comprehensive
application encounter feasibility problems likely to significantly affect impact scoring, the
Common Council authorizes the IURA to submit the following single purpose housing
application:
Back-Up CDBG Application
$400,000 INHS Lead Hazard Reduction Program
and, be it further,
RESOLVED, That the Common Council 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.
April 4, 2001
21
Alderperson Vaughan stated that she would exercise her privilege of voting since she
does not personally benefit from funds that are collected from the agency that she
staffs.
Alderperson Pryor stated that substituting a proposal from INHS would change her vote
on the issue since she is not confident in the current management at MHA, and INHS
has a proven track record of success with this type of renovation project.
Alderperson Hershey stated that the INHS substitute would involve lower scoring and
include home ownership instead of rentals. IURA staff has determined that the needed
attention to management weaknesses would be addressed, and he is satisfied that
controls are in place.
Additional discussion followed on the floor regarding fiscal and management matters
involving the Mutual Housing Association, and the extent of Common Council
involvement in the management of other agencies.
A vote on the Resolution resulted as follows:
Ayes (8) Manos, Farrell, Blumenthal, Vaughan, Glasstetter, Spielholz,
Hershey, Taylor
Nays (1) Pryor
Carried
21.5 Endorsement of Recreational Trails Program Grant
By Alderperson Farrell: Seconded by: Alderperson Pryor
WHEREAS, the City of Ithaca is applying to the New York State Office of Parks,
Recreation and Historic Preservation for a grant under the Recreational Trails Program
for funding for Building Bridges on the Cass Park Waterfront Trail to design and
construct two (2) trail bridges along the proposed Cayuga Waterfront Trail in Cass Park,
a site within the territorial jurisdiction of this Common Council, and
WHEREAS, as a requirement of the rules of these programs, said proposed trail bridges
and associated waterfront trail must obtain the “approval/endorsement of the governing
body of the municipality in which the project will be located”; now, therefore, be it
RESOLVED, That Common Council hereby approves and endorses the application for
Building Bridges on the Cass Park Waterfront Trail for a grant under the Recreational
Trails Program of the federal Highway Administration managed by the New York State
Office of Parks, Recreation and Historic Preservation, to be located within the City of
Ithaca Cass Park.
Carried Unanimously
(Alderperson Manos was absent from the vote)
NEW BUSINESS:
A Local Law Amending the Defense and Indemnification of Public
Officers and Employees Pursuant to Section 18 of the Public
Officers’ Law
By Alderperson Manos: Seconded by Alderperson Hershey
LOCAL LAW #_______-2001
BE IT ENACTED by the Common Council of the City of Ithaca as follows:
Section 1. Legislative Purpose.
Pursuant to Section 18 of the New York State Public Officers’ Law, the governing
body of a municipality may, by adopting a local law, by-law, resolution, rule or regulation,
April 4, 2001
22
confer on its public employees and officers, the benefit of a defense and indemnification
with regard to legal action brought against them during the performance of their official
duties for the City. The City of Ithaca believes that providing for the defense and
indemnification of public employees and officials serves the purpose of inducing persons
to enter or remain in public service by assuring them that they will be provided with
defense and indemnification for actions brought against them in the performance of their
official duties.
Irrespective of the intentions of Common Council in enacting Article IX of Chapter
90 in 1991 it is the express intention of the present Common Council that the
indemnification and defense benefits outlined in Public Officers’ Law, Section 18 be
conferred on the City’s public employees and public officers.
It is the intention of Common Council that the current Article IX of the City of Ithaca
Municipal Code be repealed and replaced with this Local Law, a new Article IX entitled
“Defense and Indemnification: Civil Actions” which extends the benefits outlined in Public
Officers Law, Section 18, as follows:
Section 2.
§ 90-59 Definitions.
As used in this Article, unless the context otherwise requires:
The term "employee" shall mean any commissioner, member of a city board or
commission, trustee, director, officer, employee, volunteer expressly authorized to
participate in a publicly sponsored volunteer program, or any other person holding a
position by election, appointment or employment in the service of the City of Ithaca,
whether or not compensated, but shall not include an independent contractor. The term
"employee" shall include a former employee, his estate or judicially appointed personal
representative.
Section 3.
§90-60 Defense Provided.
A. Upon compliance by the employee with the provisions of Section 90-62 of this Article,
the City shall provide for the defense of the employee in any civil action or proceeding,
state or federal, arising out of any alleged act or omission which occurred or allegedly
occurred while the employee was acting within the scope of his or her public employment
or duties. This duty to provide for a defense shall not arise where such civil action or
proceeding is brought by or at the behest of the City against such employee.
B. The payment of defense costs applies only to costs incurred related to claims brought
after the effective date of the resolution dated February 21, 2001, and indemnification
applies only to judgments or settlements obtained in relation to claims brought after the
effective date of the same resolution dated February 21, 2001. The former Chapter 90,
Article IX of the Ithaca Municipal Code shall remain in effect with regard to claims brought
on or before February 21, 2001.
C. Subject to the conditions set forth in paragraph (A) of this section, the employee shall
be entitled to be represented by private counsel of his/her choice in any civil action or
proceeding whenever the City Attorney or other counsel designated by the City determines
that a conflict of interest exists, or whenever a court, upon appropriate motion or otherwise
by a special proceeding, determines that a conflict of interest exists and that the employee
is entitled to be represented by counsel of his/her choice, provided, however, that the City
Attorney or other counsel designated by the City may require, as a condition to payment of
the fees and expenses of such representation, that appropriate groups of such employees
be represented by the same counsel. Reasonable attorneys' fees and litigation expenses
shall be paid by the City to such private counsel from time to time during the pendency of
the civil action or proceeding with the approval of Common Council.
D. Any dispute with respect to representation of multiple employees by a single
counsel or the amount of litigation expenses or the reasonableness of attorneys' fees
shall be resolved by the court upon motion or by way of a special proceeding.
April 4, 2001
23
E. Where the employee delivers process and a written request for a defense to the
City under section 90-62 of this Article, the City shall take the necessary steps on behalf
of the employee to avoid entry of a default judgment pending resolution of any question
pertaining to the obligation to provide for a defense.
Section 4.
§90-61. Indemnification.
A. The City shall indemnify and save harmless its employees in the amount of any
judgment obtained against such employees in a state or federal court, or in the amount of
any settlement of a claim, provided that the act or omission from which such judgment or
claim arose occurred while the employee was acting within the scope of his or her public
employment or duties; provided further that in the case of a settlement the duty to
indemnify and save harmless shall be conditioned upon the approval of the amount of
settlement by Common Council.
B. Except as otherwise provided by law, the duty to indemnify and save harmless
prescribed by this subdivision shall not arise where the injury or damage resulted from
intentional wrongdoing or recklessness on the part of the employee.
C. Nothing in this subdivision shall authorize the City to indemnify or save harmless an
employee with respect to punitive or exemplary damages, fines or penalties, or money
recovered from an employee pursuant to section fifty-one of the general municipal law;
provided, however, that the City shall indemnify and save harmless its employees in the
amount of any costs, attorneys' fees, damages, fines or penalties which may be imposed
by reason of an adjudication that an employee, acting within the scope of his or her public
employment or duties, has, without willfulness or intent, violated a prior order, judgment,
consent decree or stipulation of settlement
entered in any court of this state or of the United States.
D. Upon entry of a final judgment against the employee, or upon the settlement of the
claim, the employee shall serve a copy of such judgment or settlement, personally or by
certified or registered mail within thirty days of the date of entry or settlement, upon the
Mayor, and if not inconsistent with the provisions of this Article, the amount of such
judgment or settlement shall be paid by the City.
Section 5
§90-62. Conditions of defense. The duty to defend or indemnify and save harmless
prescribed by this Article shall be conditioned upon:
A. Delivery by the employee to the City Attorney or the Mayor of a written request to
provide for his or her defense together with the original or a copy of any summons,
complaint, process, notice, demand or pleading within ten days after he or she is served
with such document, and
B. The full cooperation of the employee in the defense of such action or proceeding
and in defense of any action or proceeding against the City based upon the same act or
omission, and in the prosecution of any appeal.
Section 6.
§90-63. Construal of provisions
A. The benefits of this Article shall inure only to employees as defined herein and shall
not enlarge or diminish the rights of any other party nor shall any provision of this
section be construed to affect, alter or repeal any provision of the workers'
compensation law.
B. This Article shall not in any way affect the obligation of any claimant to give notice to
the City under section ten of the court of claims act, section fifty-e of the general
municipal law, or any other provision of law.
C. Except as otherwise specifically provided, the provisions of this Article shall not be
construed in any way to impair, alter, limit, modify, abrogate or restrict any immunity to
liability available to or conferred upon any unit, entity, officer or employee of the City by, in
accordance with, or by reason of, any other provision of state or federal statutory or
common law.
April 4, 2001
24
Section 7.
§90-64 Insurance.
A. The City is hereby authorized and empowered to purchase insurance from any
insurance company created by or under the laws of this state, or authorized by law to
transact business in this state, against any liability imposed by the provisions of this
section, or to act as a self-insurer with respect thereto.
B. The provisions of this Article shall not be construed to impair, alter, limit or modify the
rights and obligations of any insurer under any policy of insurance.
Section 8.
§90-65. Public Purpose
All payments made under the terms of this Article, whether for insurance or otherwise,
shall be deemed to be for a public purpose and shall be audited and paid in the same
manner as other public charges.
Section 9.
§90-66. Severability.
If any provision of this Article or the application thereof to any person or circumstance be
held unconstitutional or invalid in whole or in part by any court, such holding of
unconstitutionality or invalidity shall in no way affect or impair any other provision of this
Article or the application of any such provision to any other person or circumstance.
Section 10. Effective Date.
This law shall take effect immediately upon filing with the office of the Secretary of
State.
Carried Unanimously
UNFINISHED AND MISCELLANEOUS BUSINESS:
23.1 Establishment of the 2001 Reapportionment Committee
By Alderperson Hershey: Seconded by Alderperson Pryor
WHEREAS, The City of Ithaca and Tompkins County are required by law to reapportion
legislative districts based on the federal decennial census to adhere to the principle of
one-person/one-vote, and
WHEREAS, The County has formed a committee of five members of the County Board
of Representatives to examine the 2000 census data and reapportion its legislative
districts accordingly, and
WHEREAS, The County committee on reapportionment has invited the City to
participate in this process so that Common Council wards and County Board districts
within the City can remain congruent to simplify the electoral process and encourage
coherent local participation in government, and
WHEREAS, preliminary 2000 census figures indicate that changes might be required if
the City is to continue to have five Wards that are both consistent with County District
boundaries and comply with the one-person/one-vote requirement, and
WHEREAS, it is in the interest of the City to retain a strong voice for City residents in
County affairs, preserve neighborhood identity, and promote local participation in the
reapportionment process, and
WHEREAS, time is of the essence because the County is pursuing a one-step
reapportionment plan to be approved by early June and put to public referendum in
September so as to be in place for the coming election cycle, and
WHEREAS, it is incumbent on the City to work with the County to recommend wards
and district boundaries that provide a fair and effective voice in government for
residents and neighborhoods, and
April 4, 2001
25
WHEREAS, the Mayor asked Alderperson Patricia Vaughan to serve as the City’s
liaison to the County reapportionment committee and Alderperson Vaughan has now
asked Common Council to establish a full reapportionment committee reflecting
representation from each ward; now, therefore, be it
RESOLVED, That Common Council hereby establishes a Committee on the 2001
Reapportionment to be composed of five Common Council members, one from each
ward, and, be it further
RESOLVED, That Alderpersons Manos, Farrell, Vaughan, Glasstetter, and Hershey are
appointed to serve on the committee with Alderperson Vaughan as chair, and, be it
further
RESOLVED, That the committee seek input from all interested parties, including the
general public, and, be it further
RESOLVED, That the committee report to the full Common Council allowing adequate
time for legislative action by Council and voter approval of new ward delineation for the
2001 municipal elections.
Alderperson Hershey stated that he has been communicating with several Council
members who have expressed interest in retaining the five wards and attempting to
retain congruent lines, and it appears there are relatively painless possibilities of doing
that.
Alderperson Blumenthal stated that she feels that the situation in the County is very
different from the City. She added that demographic, political, socio-economic and
student population issues are exclusive to the City and would like to see that individual
neighborhood needs are met.
Motion to call to question:
By Alderperson Pryor: Seconded by Alderperson Hershey
RESOLVED, That the question be called.
Ayes (8) Manos, Pryor, Farrell, Vaughan, Glasstetter, Spielholz,
Hershey, Taylor
Nays (1) Blumenthal
Carried
A vote on the Resolution resulted as follows:
Ayes (8) Manos, Pryor, Farrell, Vaughan, Glasstetter, Spielholz,
Hershey, Taylor
Nays (1) Blumenthal
Carried
RECESS:
On a motion, Common Council recessed the meeting at 12:20 am, and will continue the
meeting on April 5, 2001 at 7:30 p.m.
________________________ _______________________
Julie Conley Holcomb, CMC Alan J. Cohen,
City Clerk Mayor