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HomeMy WebLinkAboutMN-CC-2001-09-05 1 COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 7:00 p.m. September 5, 2001 PRESENT: Mayor Cohen Alderpersons (7) Pryor, Sams, Blumenthal, Manos, Vaughan, Spielho1z, Hershey OTHERS PRESENT: Deputy City Clerk – Korherr City Attorney - Schwab City Controller – Cafferillo 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 PLEDGE OF ALLEGIANCE: Mayor Cohen led all present in the Pledge of Allegiance to the American flag. YOUTH AWARD: Alderperson Pryor presented the September 2001 Distinguished Youth Award to the members of the Alternative Community School. The students in the Habitat for Humanity class volunteered during their spring break last year to help build a home in Moravia, and this year their project was the West Hill neighborhood clean-up. As part of that project they studied about waste streams, solid waste, and recycling. The award recipients include: Page Bibby, Maggie Block, Savannah Sawyer, Skye Humphries, Tracy Tallmadge, Connor Sydell, Hannah Foster, Ben Reganspan, Wayne Greenburg- Bran, Melissa Sheffield, Lee Gillespie. Alderperson Pryor also took the opportunity to acknowledge the hard work that teachers, Lewis Hicks and Sue Marsh have done with this group. She stated that they are typical of the wonderful teachers, paraprofessional and service personnel staff in the Ithaca City School District. She further reminded everyone that school is open and to watch out for our children when they go to the bus stops and please make sure you do not pass any stopped school buses so we can protect the safety of our kids. ADDITIONS TO OR DELETIONS FROM THE AGENDA: Human Resources Committee Alderperson Manos requested the addition of Item 21.6 - Information Technology Department Request to Add to the Personnel Roster – Resolution. No Council member objected. MAYOR'S APPOINTMENTS: Building Code Board of Appeals By Mayor Cohen: Seconded by Alderperson Spielholz RESOLVED, That Mick LoPinto be appointed to the Building Code Board of Appeals with a term to expire December 31, 2001. Carried Unanimously September 5, 2001 2 Disability Advisory Council By Mayor Cohen: Seconded by Alderperson Spielholz RESOLVED, That Stewart Halber be appointed to the Disability Advisory Council with a term to expire on June 30, 2003. Carried Unanimously PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: Fay Gougakis, City of Ithaca, addressed Council regarding the Recreational Consultant the City hired and expressed concerns about how the funds will be used, and the facility usage resolution. Frances Weissman, City of Ithaca, spoke about concerns relating to exterior maintenance issues on Linden Avenue and surrounding streets where there are rental properties. Anne Ball, City of Ithaca, addressed Council regarding transit issues. She stated that she would like the traffic diverters on Wood and South Streets removed. She voiced displeasure at Mayor Cohen’s tie-breaking vote on that issue. She further stated that she is the Tree Committee Chairwoman at Titus Towers and she is going to get 20 new trees for Titus Towers. She stated that City Forester Andy Hillman has promised to assist her with this project. Elsie Finch, member of the Board of Trustees of the Tompkins County Library reported that they have had 437 responses from the lobby survey on the issue of the presence or non-presence of the bus terminal in the present parking lot behind the library. There were 410 signatures opposing the terminal and 27 signatures favoring the terminal. Of the 27 in favor, a number of them were not clear on either the location or the function of the terminal. The Board of Trustees are in favor of the Cayuga Green Project but they do not want the bus terminal because of issues of public safety which they take very seriously. Other issues they are concerned about include parking, traffic congestion, noise and pollution. They will compile the responses and send them to the Mayor and to Common Council. Kathy Young-McGriff, City of Ithaca, spoke for local business owners regarding the construction on State Street. She stated that the construction is having a negative effect on local businesses as the road is either blocked or difficult to travel on. It appears that little progress is being made and residents would like to know why. She further asked if there would be a follow up meeting to the Cayuga Green project along with a public input session. She also spoke of the importance of the six-point plan to the community. She suggested that the public presentation be advertised as soon and as often as possible. Joel Harlan, Town of Dryden, spoke about the lack of development in the City and surrounding area. Neil Oolie, City of Ithaca, spoke about his disappointment with the City’s website and the lack of concern by the City for it. Leslyn McBean, City of Ithaca, presented herself to Council as a possible candidate for District 2,on the Tompkins County Board of Representatives to replace Suzanne Davis. She stated that she supports unity, openness, and inclusion. September 5, 2001 3 RESPONSE TO THE PUBLIC: Alderperson Pryor stated that she was glad that Titus Towers is putting a group together to work on the trees. She clarified that the City did not cut down the tree at Titus Towers. She further stated that an announcement would be made about a public meeting on the Six Point Plan on September 13th from 7-9 p.m. at the Women’s Community Building. The consultants will present a status report as the study has not been completed. Following the presentation there will be the opportunity to break into smaller groups to ask questions and provide comments that will be collected and given to the consultants for their input prior to the time that they write their final recommendation. Alderperson Hershey responded to comments made by Mr. Harlan about the Commons. He further expressed support to Ms. Ball for her activism and thanked her for the trees. He stated that he is bothered that people are using the recent tragic bus accident at the intersection of Route 13 and the Ithaca Plaza to further a political agenda. He stated that the traffic diverters were not involved with this accident. He stated that the diverters are a temporary solution in an attempt to save a couple of blocks from literal destruction until the entire Six Point Plan is implemented. Alderperson Hershey responded to comments made regarding the library lobby survey. He stated that all of the possibilities for an inner City bus terminal have not been reviewed yet and that the library should not prejudice people against the project in advance. Alderperson Blumenthal responded to comments made by Ms. Weissman. The Committee and Council worked very hard to revise the Exterior Property Maintenance Ordinance and the City does conduct spontaneous surveying of City streets. She stated that many letters are sent to property owners by the Code Enforcement Officer when violations are witnessed. She stated that this time of year is more difficult in some of the denser neighborhoods, and that the City should look into making the process a little more efficient. Alderperson Sams stated that she is upset by Alderperson Hershey’s comments about the library survey. The public has every right to petition to do whatever they feel like if they don’t agree with the City beforehand. As an elected official, she is glad that there are people who are willing to step forward and share their opinions and comments whether it’s an organized effort or not. Alderperson Manos stated that she agrees with Alderperson Sams on the library survey issue. She stated that she understands that some of the concerns are premature, but at the same time recognizes that these are serious issues for the library that will need to be addressed. She thinks that polling the library patrons is exactly what they should be doing at this point and presenting those comments to Council is going to be helpful at some point taken in the framework that they were requested. She thanked Ms. Finch for coming, and stated that Council has requested designs and financial information for the project, September 5, 2001 4 including a transportation center and without a transportation center. Mayor Cohen stated that he agrees with all that has been said. It is important to survey people, but it needs to be done objectively. He has found it troublesome that there is a large poster above the survey that says “Books or Buses” along with a litany discussing why this transportation center would be bad for the library, and then poses the question “are you for or against it?” He would rather see a more objective survey completed where all the information that will be studied is presented objectively to the public, as well as to the Library Board of Trustees, so the Board has a chance to objectively consider that information along with the general public. The results of the current survey do not hold much credibility because of how the survey was conducted. He stated that he hopes that there will be an opportunity to conduct another survey once the discussions have begun. Mayor Cohen responded to comments made regarding the State Street construction project. He stated that Geneva Street will be paved before this weekend and the brick work should start later this month. Poles are on order for the traffic lights. COMMUNICATIONS FROM COMMON COUNCIL: Alderperson Vaughan reminded everyone that the Budget and Administration Meeting is scheduled for Tuesday, September 25, 2001, at Central Fire Station due to the Jewish holiday. COMMUNICATIONS FROM THE MAYOR: Mayor Cohen proclaimed September as Prostate Cancer Awareness Month, and National Alcohol/Drug Recovery month. CONSENT AGENDA: 16.1 Fire Department – Request to Amend Budget for FEMA Grant By Alderperson Spielholz: Seconded by Alderperson Manos WHEREAS, the City Fire Department has been awarded a Federal Emergency Management Agency Grant for Wellness and Fitness for Firefighters in the amount of $34,596, and WHEREAS, the grant funds will allow the Fire Department to acquire various pieces of fitness equipment to be used in all City Fire Stations; now, therefore, be it RESOLVED, That Common Council hereby amends the 2001 Authorized Budget to account for the receipt of said FEMA grant as follows: Increase Revenue Account: A3410-4489 Federal Aid – Health $34,596 Increase Appropriation Accounts: A3410-5225-12250 Other Equipment $30,936 A3410-5440-12150 Staff Development 3,660 Carried Unanimously September 5, 2001 5 16.2 An Ordinance Amending Chapter 181 Entitled “Fire Prevention, Sec. 181-13 “Fire Limits” of the City of Ithaca Municipal Code By Alderperson Spielholz: Seconded by Alderperson Manos ORDINANCE 2001- ____ BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, New York, as follows: Section 1. The City of Ithaca Municipal Code, Section 181-13 entitled “Fire limits” is hereby amended as follows: § 181-13. Fire limits. Fire limits of the City of Ithaca are hereby defined as follows: A. Fire limits A: those areas of the city which are zoned Industrial I-1 and Business B2-b, CBD-60, CBD-85, CBD-100, [and] CBD-140, WEDZ-1a, WEDZ-1b, SW-1 except the northern boundary of fire limits in SW-1 shall be the southern property lines of parcels 100.-3-1 and 101.-1-1.2, SW-2, SW-3, and WF-1 (a, b, c, and d) in the City of Ithaca Zoning Ordinance (Chapter 325 of this Code). B. Fire Limits B: those areas of the city which are zoned Business B-2a, B-2c, B-2d, B-4[,] or B-5[, WF-1, WEDZ-1a, or WEDZ-1b] in the City of Ithaca Zoning Ordinance (Chapter 325 of this Code). Section 2. Effective Date. This Ordinance shall take effect immediately in accordance with law upon publication of a notice as provided in the Ithaca City Charter. Carried Unanimously 19. ECONOMIC AND DEVELOPMENT COMMITTEE 19.1 Resolution to accept sculpture from Sciarabba Walker & Co., LLP By Mayor Cohen: Seconded by Alderperson Pryor WHEREAS, Sciarabba Walker & Co., LLP, a local accounting firm, has expressed its desire to donate to the City of Ithaca a bronze sculpture for display within the City, and WHEREAS, Sciarabba Walker has entered into an Agreement with an Artist to produce the bronze sculpture pursuant to a written agreement between Sciarabba Walker and the Artist, and WHEREAS, the Agreement between Sciarabba Walker and the Artist waives any and all rights the Artist may have under the Federal Visual Artists Rights Act and any similar or other Federal and/or State law, and WHEREAS, an Agreement between Sciarabba Walker and the City of Ithaca has been drafted setting forth the rights and responsibilities of Sciarabba Walker and the City of Ithaca in regards to Sciarabba Walker's donation and the City of Ithaca's acceptance of the bronze sculpture, and WHEREAS, the Common Council's Economic Development Committee considered and discussed the gift of the sculpture at it's May 10, September 5, 2001 6 2001 meeting and recommended that the Public Art and Design Commission be consulted regarding acceptance of the sculpture, and WHEREAS, the Public Art and Design Commission has been apprised of the intended sculpture donation and has no objections to the City of Ithaca accepting such donation, and WHEREAS, the City of Ithaca desires to accept the bronze sculpture; now, therefore, be it RESOLVED, That the Mayor is authorized to sign the Agreement between Sciarabba Walker and the City of Ithaca as referenced above. Carried Unanimously 20. BUDGET AND ADMINISTRATION COMMITTEE 20.1 Building Department – Request Authorization to Maintain Current Fleet of Vehicles By Alderperson Vaughan: Seconded by Alderperson Pryor WHEREAS, the Building Department staff level has increased by two positions since 2000, and WHEREAS, the department’s vehicles have been maintained at nine total vehicles during the period, and WHEREAS, two of the oldest Building Department vehicles are now in need of replacement, and are scheduled for the annual municipal auction, and WHEREAS, the Building Department needs to maintain a nine-vehicle fleet size to allow the inspectors to do their jobs on a daily basis; now, therefore, be it RESOLVED, That Common Council hereby authorizes the Building Department to keep the Department’s vehicle fleet at nine vehicles, and, be it further RESOLVED, That the Department can keep their two oldest vehicles until 2002 pending a satisfactory inspection by the Department of Public Works, and, be it further RESOLVED, If vehicles become available from other City departments, that the Building Department’s two oldest vehicles shall be the first to be replaced. Carried Unanimously 20.2 Planning Department – Request to Establish a Capital Project for the Remediation of Soils in the Southwest Area Mayor Cohen stated that there is some confusion regarding the property lines relating to the remediated area described in the Resolution. He requested that this item be deferred in order to have a discussion with another property owner so there might be a sharing of costs. Discussion followed on the floor regarding whether there were drums underground and how deep the testing was conducted. Deputy Director of Planning and Development Cornish stated that testing was conducted to a depth of 36”. When the soil is excavated they will take additional samples at the floor of the excavation. The same area was also tested when the GEIS was September 5, 2001 7 completed, and the test for the dump was to a greater depth of ten feet, or to the clay layer in the soil. This item was withdrawn from the agenda pending further discussion. 21. HUMAN RESOURCES COMMITTEE 21.2 City Clerk's Office – Deputy City Clerk Request for Temporary Reduction in Hours By Alderperson Manos: Seconded by Alderperson Hershey WHEREAS, Deputy City Clerk Robin Korherr has requested a temporary reduction in hours from 40 hours to 20 hours to further her education, and WHEREAS, the reduction in hours would occur from September 4, 2001 to December 14, 2001; now, therefore, be it RESOLVED, That a temporary reduction in hours from 40 hours to 20 hours is authorized for Deputy City Clerk Robin Korherr commencing on the 4th day of September, 2001, and ending on the 14th day of December, 2001, and, be it further RESOLVED, That Robin Korherr’s annual salary for this period shall be established at $19,233, and, be it further RESOLVED, That commencing on the 17th day of December, 2001, this employee is authorized to return to full-time (40-hours per week) employment at an annual salary of $38,465. Carried Unanimously 21.1 City Clerk’s Office – Temporary Appointment of Acting Deputy City Clerk By Alderperson Manos: Seconded by Alderperson Pryor WHEREAS, Deputy City Clerk Robin Korherr has requested and been granted a temporary reduction in hours from 40 hours to 20 hours from September 4, 2001 to December 14, 2001, to further her education, and WHEREAS, City Clerk Julie Conley Holcomb has requested the appointment of Sarah Myers as Acting Deputy City Clerk during this temporary time period to insure the continuation of prompt service to staff and the public; now, therefore, be it RESOLVED, That Common Council approves the appointment of Sarah Myers to the position of Acting Deputy City Clerk for 20 hours per week effective September 4, 2001, and ending December 14, 2001, and be it further RESOLVED, That Sarah Myers’ salary be adjusted to represent an increase for that time period of 8%, for the 20 hours per week that she is Acting Deputy City Clerk which shall be derived from the City Clerk’s existing budget. Carried Unanimously 21.3 DPW (Streets & Facilities) - Request to Hire Above Minimum Salary By Alderperson Manos: Seconded by Alderperson Sams WHEREAS, the Department of Public Works has been unable to attract qualified and experienced candidates for the position of Automotive Mechanic at the current starting salary because the September 5, 2001 8 entry hourly rate is not competitive with commercial garages or other local government agencies, 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, and WHEREAS, the funds for this higher staring salary rate are available in the Department of Public Works budget, now therefore be it RESOLVED, that Common Council hereby grants approval to hire the Automotive Mechanic at a starting salary rate of $10.50 per hour. Carried Unanimously 21.4 DPW (Streets & Facilities) – Request To Amend Personnel Roster By Alderperson Manos: Seconded by Alderperson Hershey WHEREAS, two seasonal positions were created to extend the collection hours at the downtown parking facilities, from eight to twelve hours, and WHEREAS, the extended hours have been in effect for six (6) months, and WHEREAS, adjusting for the institution of two hours free parking and the rate increase from .40 to .50 per hour, it has been determined that additional revenues have been collected as a result of the extended hours, and WHEREAS, the Assistant Superintendent is recommending that the City continue the extended hours to maintain the current revenue collection level, and WHEREAS, it is not feasible to continue the extended hours with seasonal help based on the definition of seasonal help; now, therefore be it RESOLVED, That Common Council hereby authorizes the following personnel roster amendment: Add: One (1) Parking Lot Attendant (20 hrs) One (1) Parking Lot Attendant (40 hrs) Discussion followed on the floor regarding the amount of revenue generated in comparison to the seasonal staffing costs. City Controller showed the comparison between 2000 and 2001 revenues. A vote on the Resolution resulted as follows: Carried Unanimously 21.5 Youth Bureau – Request to Amend Personnel Roster` By Alderperson Manos: Seconded by Alderperson Pryor WHEREAS, Monica Bosworth, an Outing Program staff member, has requested permission to reduce her hours from September 10, 2001 until April 13, 2002, and work part-time for personal reasons, and WHEREAS, the Youth Bureau is confident that temporary/seasonal staff may be utilized effectively to eliminate any adverse impact on services, and September 5, 2001 9 WHEREAS, the salary savings from a reduction in hours may be used to offset the hiring of a seasonal employee; now, therefore, be it RESOLVED, That One (1) Youth Development Program Leader be reduced from 35 hours to 28 hours per week from September 10, 2001 until April 13, 2002, and be it further RESOLVED, That Common Council authorizes the Controller to transfer $1,429 from Account #A7310-110-1221 to the Youth Bureau Seasonal Account #A7310-120-1221. Carried Unanimously 21.6 Information Technology Department – Amendment to the Personnel Roster By Alderperson Manos: Seconded by Alderperson Spielholz WHEREAS, recruitment efforts to fill the User Support Analyst position have been unsuccessful, and WHEREAS, there are additional unmet staffing needs in the Information Technology Department that can be combined with user support needs to create a more marketable position; now, therefore, be it RESOLVED, That the Personnel Roster of the Information Technology Department be amended as follows: Delete: One (1) User Support Analyst Add: One (1) Network Integration Specialist and, be it further RESOLVED, That the position of Network Integration Specialist be assigned to the City Executive Association at salary grade C, and, be it further RESOLVED, That the Director of Information Technology be authorized to use the full salary range established for the Network Integration Specialist position for recruitment and hiring, as recruitment needs dictate. Carried Unanimously Alderperson Spielholz stated that she is glad that this position is moving forward as the additional staffing will enable the City to improve its web presence as mentioned earlier in the meeting. 22. NEW BUSINESS 22.1 Approval/Endorsement of a Grant for the Inlet Island Promenade Project Under the Environmental Protection Fund or Clean Water/Clean Air Bond Act By Alderperson Pryor: Seconded by Alderperson Vaughan WHEREAS, the City of Ithaca is applying to the New York State Office of Parks, Recreation and Historic Preservation for a grant under the Environmental Protection fund and/or Clean Water/Clean Air Bond Act for the Inlet Island Promenade Project, a 2,000 linear foot multi-use recreation rail located along the western shoreline of Inlet Island linking Brindley Park with Lookout Point, a site located within the territorial jurisdiction of the City of Ithaca, and WHEREAS, as a requirement of the rules of these programs, said proposed waterfront trail and associated sites must obtain the September 5, 2001 10 “approval/endorsement of the governing body of the municipality in which the project will be located,” and WHEREAS, such grant requires a minimum 50% match from the applicant that may include cash and/or the value of force account labor, real property, professional services, labor, equipment, supplies and materials, but not Federal or State Funds, now, therefore, be it RESOLVED, that the Common Council hereby approves and endorses the application for a grant under the Environmental Protection Fund for the Inlet Island Promenade Project to link Brindley Park with Lookout Point, and be it further RESOLVED, that the Common Council hereby authorizes the Ithaca Urban Renewal Agency to administer and implement the grant project in accordance with all applicable regulations and requirements. Amending Resolution By Alderperson Blumenthal: Seconded by Alderperson Spielholz RESOLVED, That the following language be added as additional resolved clauses: “RESOLVED, That the Inlet Island Promenade Client Committee report to Common Council on the plans and design for the promenade, and, be it further RESOLVED, That Common Council will give final approval to the plans and design for the promenade, and, be it further RESOLVED, That the promenade plans and design will be subject to site plan review and approval by the Planning and Development Board prior to the letting of construction bids for this project, and, be it further RESOLVED, That the Board of Public Works award the construction contract for this project.” Ayes(1) Blumenthal Nays(6) Pryor, Sams, Manos, Vaughan, Spielholz, Hershey Motion Failed Amending Resolution By Alderperson Hershey: Seconded by Alderperson Manos RESOLVED, That the following language be added as a second Whereas clause: “WHEREAS, the Common Council will review and approve the final design plans prior to the implementation of the project, and” and, be it further RESOLVED, That the following language replace the last Resolved clause: “RESOLVED, That Common Council hereby authorizes the Ithaca Urban Renewal Agency to apply, procure and administer the grant in accordance with all applicable regulations and requirements.” and, be it further September 5, 2001 11 RESOLVED, That the following language be added as a fourth Whereas clause: “WHEREAS, The funding for this project is coming from the following sources: $200,000 from Canal Corridor Initiatives, $77,000 from County Multi-Modal, $275,000 from an existing established Capital Project, $56,940 as an addition to that Capital Project, and $126,000 in force account in-kind monies for a grant of $458,200, and” Carried Unanimously Main Motion As Amended A vote on the main motion as amended resulted as follows: Carried Unanimously The Amended Resolution shall read as follows: WHEREAS, the City of Ithaca is applying to the New York State Office of Parks, Recreation and Historic Preservation for a grant under the Environmental Protection fund and/or Clean Water/Clean Air Bond Act for the Inlet Island Promenade Project, a 2,000 linear foot multi-use recreation rail located along the western shoreline of Inlet Island linking Brindley Park with Lookout Point, a site located within the territorial jurisdiction of the City of Ithaca, and WHEREAS, Common Council will review and approve the final design plans prior to the implementation of the project, and WHEREAS, as a requirement of the rules of these programs, said proposed waterfront trail and associated sites must obtain the “approval/endorsement of the governing body of the municipality in which the project will be located,” and WHEREAS, the funding for this project is coming from the following sources: $200,000 from Canal Corridor Initiatives, $77,000 from County Multi-Modal, $275,000 from an existing established Capital Project, $56,940 as an addition to that Capital Project, and $126,000 in force account in-kind monies for a grant of $458,200, and WHEREAS, such grant requires a minimum 50% match from the applicant that may include cash and/or the value of force account labor, real property, professional services, labor, equipment, supplies and materials, but not Federal or State Funds; now, therefore, be it RESOLVED, That the Common Council hereby approves and endorses the application for a grant under the Environmental Protection Fund for the Inlet Island Promenade Project to link Brindley Park with Lookout Point, and be it further RESOLVED, That Common Council hereby authorizes the Ithaca Urban Renewal Agency to apply, procure, and administer the grant in accordance with all applicable regulations and requirements. 22.2 Motion to enter into Executive Session to discuss pending litigation By Alderperson Sams: Seconded by Alderperson Spielholz RESOLVED, That Common Council adjourn into Executive Session to discuss pending litigation. September 5, 2001 12 Carried Unanimously RECONVENE: Common Council reconvened into Regular Session with no formal action taken. ADJOURNMENT: On a motion the meeting adjourned at 10:15 P.M. ________________________ _______________________ Robin Korherr, Alan J. Cohen, Deputy City Clerk Mayor