HomeMy WebLinkAboutMN-CC-2001-08-01
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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
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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.
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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
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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
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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
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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
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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,
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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
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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