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HomeMy WebLinkAboutMN-CC-2001-08-01 1 COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 7:00 p.m. August 1, 2001 PRESENT: Mayor Cohen Alderpersons (10) Pryor, Sams, Blumenthal, Glasstetter, Manos, Farrell, Vaughan, Taylor, Hershey OTHERS PRESENT: City Clerk – Conley Holcomb City Attorney - Schwab City Controller – Cafferillo Deputy Director of Planning and Development – Cornish Assistant Superintendent of Public Works – Ferrel Human Resources Director – Michell-Nunn PLEDGE OF ALLEGIANCE: Mayor Cohen led all present in the Pledge of Allegiance to the American flag. SPECIAL BUSINESS: 5.1 Designation of polling locations - resolution By: Alderperson Vaughan, Seconded by: Alderperson Hershey WHEREAS, polling locations for the year 2001 were designated at the May 2, 2001 Common Council meeting, and WHEREAS, due to the re-districting of Tompkins County election districts, six new sub-districts have been created in the City of Ithaca; now, therefore, be it RESOLVED, That the following locations be designated as City of Ithaca polling locations for the year 2001: FIRST WARD 1st District Alternative Community School Chestnut Street 2nd District Alternative Community School Chestnut Street 3rd District Titus Towers I 800 S. Plain St 4th District South Hill School 520 Hudson St 5th District South Hill School 520 Hudson St 6th District Titus Towers I 800 S. Plain St 7th District Titus Towers I 800 S. Plain St SECOND WARD 1st District GIAC 300 W. Court St 2nd District GIAC 300 W. Court St 3rd District Central Fire Station 310 W. Green St 4th District Central Fire Station 310 W. Green St THIRD WARD 1st District Robert Purcell Union Jessup Road 2nd District Belle Sherman Annex Cornell St 3rd District Belle Sherman Annex Cornell St 4th District Belle Sherman Annex Cornell St FOURTH WARD 1st District Class of '22 Hall 659 Stewart Ave 2nd District #9 Fire Station 309 College Ave 3rd District #9 Fire Station 309 College Ave 4th District Class of ’22 Hall 659 Stewart Ave FIFTH WARD 1st District Fall Creek School 202 King St 2nd District Fall Creek School 202 King St August 1, 2001 2 3rd District Robert Purcell Union Jessup Rd 4th District Fall Creek School 202 King St 5th District Robert Purcell Union Jessup Rd 6th District Cornell Cooperative Ext 615 Willow Ave Discussion followed on the floor regarding the configuration of the new sub-districts. Carried 8-0-1 (Abstention by Taylor) ADDITIONS TO OR DELETIONS FROM THE AGENDA: Substitute resolution for new business 21.1 Human Resources Committee 17.3 Executive Association Compensation Study Neighborhood & Community Issues: Alderperson Pryor requested that 18.2 & 18.3 be combined MAYOR'S APPOINTMENTS: By: Mayor Cohen, Seconded by: Alderperson Sams Resolved to appoint Chris Thomas, to the Disability Advisory Council with a term to expire on June 30, 2002. Carried Unanimously Alderperson Sams questioned an appointment to the Bicycle Pedestrian Advisory Council. Mayor Cohen responded that the resume in question has not been distributed to Common Council members but he is hopeful to appoint her next month. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: Cathy Young-McGriff, City of Ithaca, spoke on general concerns of citizens and stated that appointments to the Ithaca Housing Authority Board be made as soon as possible. Daniel Hirtler, City of Ithaca, spoke in regards to Commons Noise Complaints, specifically the classical music played by the Fleet Bank Building. He expressed his desire to have a cease and desist order issued for its discontinuance. George Ferrari, City of Ithaca, spoke in regards to an IDP complaint of the music on the Commons from the Fleet Bank Building and the conflict that exists with the piped music and the live performances. Donald Lifton, City of Ithaca, spoke in regards to the NYS Division of Human Rights report and added that executive sessions may fuel suspicions of the public. Alderperson Spielholz arrived at 7:18 p.m. Neal Oolie, City of Ithaca, compared the City Website to construction on West State Street and expressed his desire to have agendas for meetings posted on the website. He spoke in regards to Fay Gougakis’ trail and its outcome. Joel Harlan, Town of Dryden, spoke in regards to development in Oswego and the Harborfest. August 1, 2001 3 Anna Bradice, City of Ithaca, spoke in regards to noise complaints on the Commons, safety issues and traffic lights at Spencer St; Clinton/Cayuga Streets. Caroline Peterson, City of Ithaca, suggested a Mayoral voting proposal that would allow for more discussion prior to the Mayor bringing issues forward with his vote. RESPONSE TO THE PUBLIC: Alderperson Hershey stated for the record that the Mayor did not vote on the proposal in question and was not in the room when the committee passed the resolution on without recommendation to council. Mayor Cohen corrected Alderperson Hershey stating that he was in attendance and that his vote was needed for resolutions to be brought to this meeting. Alderperson Hershey stated that he took offense to Don Lifton’s comments regarding the City’s involvement of racism and the JC. McKnight Barbershop issue and would have preferred to see Mr. Lifton stay to hear the response of council members. He added that enough has been said and in terms of the executive session we were briefed on a legal matter, the State Human Rights Commission has plenty of authority and ability to publicize its’ rulings and decisions and indeed will continue to do so. Alderperson Pryor responded to comments made by Ms. Brandice regarding traffic management and bicyclists. She offered to meet with concerned residents to explain current initiatives. Alderperson Manos responded to Ms. McGriff-Young’s concern regarding appointments to the IHA board and added that the roster is full at this time. She confirmed her belief that the State Human Rights Commission Report and matters of possible litigation require executive session. Alderperson Sams responded to comments made by Mr. Lifton and Alderperson Hershey. She supported Mr. Lifton’s comments and believes that corrections have been made to the previous injustice. She expressed her concern over the lack of response from IPD regarding the noise complaints from the public. Alderperson Blumenthal expressed her desire to have the City Attorney clarify as to why the Human Rights Commission Report issue was taken into executive session pending litigation. Attorney Schwab stated it was for three reasons, the first being that it involved a pending litigation matter. The second reason involved the specifics regarding both past and present employees and their status. The third reason was so that council could receive advice of legal counsel that is always appropriate for executive session. Alderperson Blumenthal stated that it had come to her attention that the Mayor’s Office had directed Ithaca Police Department not to respond to the type of noise complaints in question. Mayor Cohen stated that he would reserve comment until later. Alderperson Pryor stated that she has been working as the liaison to the Commons Advisory Board and has been working to install and improve signage on the Commons to inform the public of what is August 1, 2001 4 acceptable and unacceptable. She hopes that the signs will be available in the near future. Mayor Cohen stated that the Attorney General Investigation letter had been turned over to the Ithaca Journal. A copy can be obtained by contacting the City Attorney’s office. Regarding the City’s website, there is a comprehensive plan for developing the IT Department that is currently understaffed and he shares in Mr. Oolie’s concerns over access to public information. He confirmed that no message was ever given to instruct IPD to ignore Commons noise issues. COMMUNICATIONS FROM COMMON COUNCIL: Alderperson Pryor stated that the Neighborhood and Community Issues meeting for this month has been cancelled. The committee will meet again in September, 2001. Alderperson Vaughan wanted to point out that the B & A Committee would be meeting on August 22nd. COMMUNICATIONS FROM THE MAYOR: Mayor Cohen shared letters regarding City Staff. The letters included praise from the public for staff’s effort in helping the elderly clients of Dart’s Beauty Salon to their appointments while construction was going on. The writer appreciates their consideration and they feel we should know how accommodating they are. Thank you to the representatives of the Water Department. A second letter was received from the owners of Carpet Bazaar to express their thanks during the State Street construction project. Communication that came from the Mayor’s Office staff including Karen LoParco were clear and current and in their 30+ years of doing business downtown, this was their most positive experience with a City administration. 16. CONSENT AGENDA: 16.1 Information Technology – Request to Approve Electronic Future Consortium Agreement for 2001-2002 By: Alderperson Pryor, Seconded by: Alderperson Vaughan WHEREAS, the Partnership for Electronic Future (PEF) Consortium has established a project to provide the PEF members the ability to collectively procure and share internet services for a one- year period, and WHEREAS, the City has been a PEF member since the consortium’s inception in 1997 and wishes to continue its membership; now, therefore, be it RESOLVED, That Common Council hereby authorizes the Mayor to enter into a PEF Project Agreement #ITS-01-717 at a cost not to exceed $3,000 for the period August 1, 2001 to July 31, 2002 for the purposes of providing internet services, and be it further RESOLVED, That funding for said contract shall be derived from existing authorization in Capital Project #211. Carried Unanimously 16.2 City Chamberlain – Request to Waive Tax Penalty By: Alderperson Pryor, Seconded by: Alderperson Vaughan August 1, 2001 5 WHEREAS, the owners of 704-706 N. Cayuga Street have submitted evidence that the payment of school taxes on their property was lost in the mail; now, therefore, be it RESOLVED, That pursuant to the guidelines set forth by Common Council on June 6, 2001, the penalty on the 2000-2001 Ithaca City School Taxes be waived. Carried Unanimously Controller – Request to Approve Civil Service Agreement for the year 2002 By: Alderperson Pryor, Seconded by: Alderperson Vaughan RESOLVED, That the Mayor and City Clerk be authorized and directed to execute an agreement between the City of Ithaca and the Ithaca City School District for performance of services by the City in connection with Civil Service matters for the period July 1, 2001 through June 30, 2002, in the amount of $41,473, payable to the City of Ithaca on or before November 1, 2001. Carried Unanimously 17. HUMAN RESOURCES COMMITTEE 17.1 Human Resources Department – Request to Reassign Managerial Position By: Alderperson Manos, Seconded by: Alderperson Hershey WHEREAS, Common Council authorized the assignment of the Manager of Organizational Development position to the Managerial Compensation Plan, Salary Grade 3, and WHEREAS, as the scope of responsibilities required for this position has been revised; now, therefore, be it RESOLVED, That Common Council hereby assigns the position of Manager of Organizational Development to the City of Ithaca Managerial Compensation Plan, Salary Grade 4. Carried Unanimously 17.2 Human Resources Department – Request to Increase Salary Authorization By: Alderperson Manos, Seconded: Alderperson Pryor WHEREAS, Common Council has authorized the new position of Manager of Organizational Development for 2001 at a starting salary of $45,000, and WHEREAS, the Human Resources Director has significantly changed the scope of responsibilities for this position to include administration of a Citywide Education and Training Program, and WHEREAS, the market value for the Human Resources professionals has increased and in order to attract and retain individuals with the necessary qualifications, a more competitive salary is needed; now, therefore, be it RESOLVED, That Common Council authorizes the Human Resources Director to hire a Manager of Organizational Development at an annual starting salary of $55,000, and be it further RESOLVED, That the additional amount will be derived from existing Human Resources Department funds. Carried Unanimously August 1, 2001 6 Mayor Cohen stated that there has been a delay in filling vacant positions and that after this change the City will benefit a $72,000 reduction in spending for 2001. The Director of Human Resources has also agreed to put off one of her three hiring till the end of next year, 2002; so after this is accounted for in the 2002 budget there will still be a $22,000 savings in the 2002 budget in order to balance Council’s overall budgetary needs. 17.3 Executive Association Compensation Study - Amended Resolution By: Alderperson Manos, Seconded by: Alderperson Hershey WHEREAS, Common Council authorized contracting for an Executive Association Salary Compensation Study as part of the January 1, 2000 – December 31, 2002 collective bargaining agreement, and WHEREAS, Common Council set aside $10,000 in restricted contingency to pay for any necessary salary adjustments, and WHEREAS, Total Compensation Services conducted a comprehensive study establishing a point factor job evaluation (for internal equity) and a new salary structure (from market data), and, WHEREAS, it was the intent of Common Council to apply the new salary structure prospectively; therefore be it RESOLVED, That the following Executive Association salary structure be adopted with an effective date of July 9, 2001: Acting Dep. Bldg. Comm. “A”$45,766 $55,810 $65,858 Civil Engineer Bridge Systems Engineer City Forester Traffic Systems Engineer Supervisor of Streets Supv, Bldg Maintenance & Solid Waste Recreation Facilities Mgr “B” $42,164 $51,419 $60,674 Motor Equip Maint Supv Transit Service Supv Director of Development Chief Wastewtr Trtmt Plt Op Chief Water Trtmt Plt Op Network Administrator (Open) Supv of Water & Sewer Asst Bldg Systems Supv “C” $24,835 $30,286 $35,737 And, be it further RESOLVED, That salary adjustment be made for the following positions: Bridge Systems Engineer $3,030 Supv, Bldg Maint & Solid Waste 1,692 Motor Equipment Maint Supv 633 Transit Service Supervisor 3,271 Director of Development 3,699 And be it further August 1, 2001 7 RESOLVED, That Common Council authorizes the Controller to transfer $6,162.50 to the appropriate accounts for the recommended salary adjustments. Carried Unanimously 18. NEIGHBORHOOD AND COMMUNITY ISSUES COMMITTEE: 18.1 Report of Common Good Development Schedule Alderperson Pryor reported that the N & CI Committee has formed a sub-committee (Pryor, Glasstetter, & Spielholz) to further review and discuss principles. They will be talking with Tompkins County Area Development. 18.2 Bike Plan Implementation 18.3 Resolution to Dissolve Bike Plan Steering Committee and Transfer Bicycle Implementation Work to the Bicycle and Pedestrian Advisory Council. By Alderperson Pryor: Seconded by Alderperson Hershey WHEREAS, a Bicycle Plan Steering Committee was established by Common Council in January, 2000, to develop a reasonable and workable initial plan for implementation of the Ithaca Bicycle Plan, and WHEREAS, members of the City's Bicycle/Pedestrian Advisory Council (BPAC) have expressed their desire to rejuvenate the Council into a working and productive City group, and WHEREAS, the City Code charges the BPAC "to advocate for implementation of city plans for bicycle travel, pedestrian travel, travel by people with disabilities, and traffic calming, and WHEREAS, it is the intention of Common Council to fully appoint the BPAC at the earliest possible date, and WHEREAS, Common Council would like to reaffirm its commitment to the City Code and the functionality of the City's citizen Councils and Boards; now, therefore, be it RESOLVED, that Common Council expresses its appreciation to the members of the Bicycle Plan Steering Committee for their work on the initial development of the low volume and high volume, east/west routes, and be it further RESOLVED, that the Bicycle Plan Steering Committee be charged with creating a final report of the issues that the group has agreed upon, the issues on which there has not been agreement, and the divergent opinions on the latter, to be presented to the Neighborhood & Community Issues Committee at the regularly scheduled meeting in September and to be also delivered to the Bicycle/Pedestrian Advisory Council, and be it further RESOLVED, that after said actions are complete, the Bicycle Plan Steering Committee be dissolved, and be it further RESOLVED, that work on the implementation of the Ithaca Bicycle Plan be referred to the Bicycle/Pedestrian Advisory Council, to continue the efforts of the Bicycle Plan Steering Committee and to move forward on the initial steps of implementation for the Bicycle Plan. Ayes (6) Manos, Pryor, Farrell, Vaughan, August 1, 2001 8 Spielholz, Hershey Nays (3) Blumenthal, Taylor, Glasstetter Abstention (1) Sams Carried 19. PLANNING COMMITTEE: 19.1 Possible motion to enter into Executive Session to discuss acquisition of property. Mayor Cohen combined this item with last item on agenda for possible executive session. 19.2 Report on first floor commercial idea on the Commons. By: Alderperson Farrell Alderperson Farrell stated that during two meetings, the Planning Committee considered creating a special zoning district on The Commons that would require first floor spaces to be occupied by retail uses. Jennifer Kusznir, from the Planning Department, gathered a lot of information for them to look at about other communities that have done such things and what it would mean in terms of what uses are on The Commons now and in surrounding areas and what would not fit into this category. They also received comments from the Commons Advisory Committee and from the Downtown Partnership who raised a lot of issues. The Downtown Partnership in particular had a lot of different concerns that they raised. After extensive discussion, the committee members felt that they weren’t ready to act. Alderperson Farrell stated that with the many changes that council expects to happen in the near future with the Cayuga Green Project, the Cornell Office building, a possibility of a hotel and maybe changes in the way the streets are configured that action is not appropriate at this time. 20. ECONOMIC DEVELOPMENT COMMITTEE: No items submitted for agenda 21. BUDGET AND ADMINISTRATION COMMITTEE 21.1 Building Department – Request to Approve Funds for Demolition of a City-owned Building By: Alderperson Vaughan, Seconded by: Manos WHEREAS, the City-owned building at 254 Floral Avenue has been declared a public health hazard and safety hazard by the Acting Building Commissioner of the City of Ithaca, and WHEREAS, the Acting Building Commissioner has ordered the building at 254 Floral Avenue to be demolished and removed by the owner; now, therefore, be it WHEREAS, Common Council supports the use of Community Development Block Grant (CDBG) program income for this demolition project; now, therefore, be it RESOLVED, That an amount not to exceed $15,000 be transferred from account A1990 Unrestricted Contingency to account A3620-5435 Building Department Contractual Services for said purpose, and be it further RESOLVED, That should the Ithaca Urban Renewal Agency agree to reimburse the cost of the demolition and removal of said building, any reimbursement shall be returned to the Unrestricted Contingency account. Carried Unanimously August 1, 2001 9 20.2 Common Council – Mayoral Voting Process (Proposed Language for Charter Amendment) Charter section 30 (B)(1) could be amended to read: “In the proceedings of the Common Council, each member present shall have a vote except the Mayor, who shall only have a vote when [the votes of the other members are tied] a motion or other voting item has received five (5) other affirmative votes, and except as hereinafter provided. Extensive discussion followed on the floor regarding the checks and balances between local executive and legislative branches of government. The motion requires the passage of a local law. Alderperson Blumenthal stated that there are a number of other issues related to the Charter that have been raised this year with some unusual situations where the question of the Mayor being considered as a member of the Common Council and being counted as a member of Common Council has become an issue that warrants resolve. She is not aware of the last time the Charter was revised or reviewed comprehensively. Alderperson Vaughan stated that a review took place in 1983. Alderperson Blumenthal stated that it really is a matter of good government to have that kind of review as circumstances and conditions in the City change similar to the County’s ten-year requirement. There is a perception and people are confused about the status of the Mayor’s ability to vote and perhaps a referendum should clarify the situation. She suggested that the B&A Committee review the two options at their August meeting. Mayor Cohen stated that Alderperson’s request involves a Charter review and added that Alderperson Manos approached him with the idea to form a standing committee to perform a comprehensive review of the charter. Alderpersons Manos, Farrell and Pryor would rather see a more comprehensive review of the Charter and have it presented all at once rather than addressing individual components. POSSIBLE MOTION TO ENTER INTO EXECUTIVE SESSTION TO DISCUSS POSSIBLE LITIGATION AND ACQUISITION OF PROPERTY By: Alderperson Manos, Seconded by: Aldeperson Pryor Carried Unanimously RECONVENED: No formal action taken during executive session. ADJOURNMENT: On a motion the meeting adjourned at 11:25 P.M. ________________________ _______________________ Julie Conley Holcomb, CMC Alan J. Cohen, City Clerk Mayor