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HomeMy WebLinkAboutMN-CC-2001-12-05 1 COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 7:00 p.m. December 5, 2001 PRESENT: Mayor Cohen Alderpersons (10) Pryor, Sams, Blumenthal, Manos, Mack, Farrell, Vaughan, Taylor, Spielholz, Hershey OTHERS PRESENT: City Clerk – Conley Holcomb 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 Community Development Director - Bohn Fire Chief – Wilbur Acting Building Commissioner – Radke Acting Youth Bureau Director – Green Bridge Systems Engineer – Gil PLEDGE OF ALLEGIANCE: Mayor Cohen led all present in the Pledge of Allegiance to the American flag. YOUTH AWARD: Alderpersons Farrell and Sams presented the December 2001 Distinguished Youth Award to members of the Turning Point Student Council of TST BOCES. The Turning Point Program provides educational programming for students with emotional difficulties. It serves students throughout the BOCES service area and has approximately 30 high school students enrolled. Following the incidents of September 11th, students organized and participated in a number of events, including a car wash at the school that raised $450 that was donated to the American Red Cross in Tompkins County to support disaster relief activities related to the World Trade Center. APPROVAL OF MINUTES: Approval of Minutes of the June 6, 2001, September 5, 2001, October 18, 2001, November 8, 2001 Common Council Meetings Alderperson Blumenthal requested that approval of the minutes be voted on separately. Approval of Minutes of the June 6, 2001 Common Council Meeting By Alderperson Pryor: Seconded by Alderperson Sams RESOLVED, That the Minutes of the June 6, 2001 Common Council meeting be approved as published. Alderperson Blumenthal stated that she will vote in opposition to approving the minutes of the June 6, 2001 Common Council meeting as she does not believe they are an accurate reflection of what occurred that evening before Ms. Gougakis was arrested. She did not offer any corrections to the minutes. December 5, 2001 22 A vote on the approval of the minutes resulted as follows: Ayes (4) Pryor, Farrell, Vaughan, Taylor Nays (2) Blumenthal, Sams Abstentions (1) Manos Failed The Minutes of the June 6, 2001 Common Council meeting shall be placed into the official minute book as unapproved minutes. Approval of Minutes of the September 5, 2001 Common Council Meeting By Alderperson Pryor: Seconded by Alderperson Taylor RESOLVED, That the Minutes of the September 5, 2001 Common Council meeting be approved as published. Alderperson Sams questioned whether a discussion relating to the appointment of Leslyn McBean to the vacancy on the Tompkins County Board of Representatives was missing from the minutes. City Clerk Holcomb stated that Ms. McBean addressed Council under Petitions and Hearings before Council. Alderperson Sams stated that she remembered further discussion regarding postponing the appointment of Ms. McBean. City Clerk Holcomb stated that she did not attend that meeting, so she will look into this matter further, and bring the minutes back for approval in January. Alderpersons Pryor and Taylor withdrew their motion. Approval of Minutes of the October 18, 2001 Common Council Meeting By Alderperson Pryor: Seconded by Alderperson Manos RESOLVED, That the Minutes of the October 18, 2001 Common Council meeting be approved as published. Carried Unanimously Approval of Minutes of the November 8, 2001 Common Council Meeting By Alderperson Pryor: Seconded by Alderperson Vaughan RESOLVED, That the Minutes of the November 8, 2001 Common Council meeting be approved as published. Carried Unanimously SPECIAL ORDER OF BUSINESS: Presentation of Pride of Ownership Awards Alderperson Blumenthal presented the following Pride of Ownership Awards on behalf of the City of Ithaca and the Rotary Club: Residential Owner Occupied 1) David Elliot, 213 Cleveland Avenue 2) Frank & Teresa Ferrara, 408 S. Albany St. Residential Rental 1) Ed & Caroline Cope and Jan Klotz, 501 N. Tioga St. 2) Mutual Housing Association of Tompkins County, First Street and Alice Miller Way December 5, 2001 33 Commercial 1) Arche LLC (John & Lynne Abel, Woody & Sherry Kelly) – T.G. Miller Warehouse, 531 Esty Street 2) Carolyn Grigorov – Contemporary Trends Addition, 119-23 N. Aurora Street Special Recognition 1) Tompkins County Board of Representatives – Tompkins County Public Library, Green and Cayuga Streets 2) St. Luke Lutheran Church, 109 Oak Avenue 3) City of Ithaca Dept. of Public Works – Linn Street Bridge Replacement and Plaza 4) Cornell University – North Campus Residential Initiative 5) Ithaca Neighborhood Housing Services – Scattered Site Rental Housing Program 6) William Downing – DeWitt Building 30th Anniversary Celebration A Public Hearing to Consider the Adoption of the Six Point Traffic Plan Resolution to Open Public Hearing By Alderperson Pryor: Seconded by Alderperson Manos RESOLVED, That the Public Hearing to Consider the Adoption of the Six Point Traffic Plan be declared open. Carried Unanimously The following people addressed Council regarding the Six Point Traffic Plan: Joel Harlan, Town of Dryden Tim Faulkner, Syracuse, NY Sally VanOrman, City of Ithaca Fay Gougakis, City of Ithaca Laurie Dahl, City of Ithaca Larry Beck, Property Manager for Rental Units on W. Spencer St. David Gallahan, City of Ithaca Jennifer, Dotson, City of Ithaca Catherine Robertson, City of Ithaca Ann Cedarholm, City of Ithaca Dan Hoffman, City of Ithaca Steve Ehrhardt, City of Ithaca Stanton Loh, City of Ithaca Lydia Werbizky – City of Ithaca David Nutter – City of Ithaca Sue Perlgut- City of Ithaca, INHS Neil Oolie, City of Ithaca Katherine Lockwood, City of Ithaca John Beach, City of Ithaca Carolyn Peterson, City of Ithaca Kris DeLuca –Beach, City of Ithaca City Clerk Conley Holcomb read correspondence submitted by Paul Soper, City of Ithaca. Resolution to Close Public Hearing By Alderperson Sams: Seconded by Alderperson Pryor RESOLVED, That the Public Hearing to Consider the Adoption of the Six Point Traffic Plan be declared closed. Carried Unanimously Alderperson Spielholz arrived at the meeting at 8:25 p.m. COMMUNICATIONS: December 5, 2001 44 City Clerk Holcomb noted for the record that the Bicycle Pedestrian Advisory Council presented her with eight pages of comments on the Six Point Traffic Plan that have been distributed to Common Council members. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: Joel Harlan, Town of Dryden, addressed Council regarding Economic Development issues. Neil Oolie, City of Ithaca, addressed Council regarding the capital project for the Six Point Traffic Plan and street and road Construction improvements. Fay Gougakis, City of Ithaca, addressed Council regarding the clean-up of Ithaca Falls. COMMUNICATIONS FROM COMMON COUNCIL: Alderperson Pryor introduced Travis Lockheart, who is completing an internship with her on local government through the Learning Web. Alderperson Sams noted that Alderperson Farrell would not be present at the January 1, 2002 Common Council meeting and took the opportunity to thank her for all of the hard work, time and energy she dedicated to many important issues during her years of service. Alderperson Vaughan reported that the Budget and Administration Committee meeting is scheduled for Thursday, December 20, 2001. COMMUNICATIONS FROM THE MAYOR: Mayor Cohen thanked Alderperson Farrell for her service to the community and stated that it has been a pleasure working with her. He further stated that he would like the opportunity to more fully recognize Alderperson Farrell’s contributions at a future meeting. 16. CONSENT AGENDA ITEMS: 16.1 Youth Bureau - Request to Amend Personnel Roster By Alderperson Manos: Seconded by Alderperson Spielholz RESOLVED, that Common Council hereby amends the 2001 Ithaca Youth Bureau personnel roster as follows: Delete: One (1) Principal Account Clerk Grade 9 Add: One (1) Administrative Assistant/FM Grade 10 and, be it further RESOLVED, that the additional cost of $265 be derived from the Youth Bureau’s existing budget. Carried Unanimously 16.2 Resolution to Amend Personnel Roster-Water & Sewer By Alderperson Manos: Seconded by Alderperson Spielholz RESOLVED, That Common Council hereby amends the 2001 Department of Public Works Water and Sewer personnel roster as follows: Delete: One (1) Full-time Laborer 40 hrs Add: One (1) Full-time Truck Driver 40 hrs and, be it further December 5, 2001 55 RESOLVED, That the additional funds required be derived from the existing budget. Carried Unanimously 16.3 Resolution to Amend Personnel Roster – Building Department: By Alderperson Manos: Seconded by Alderperson Spielholz RESOLVED, That Common Council hereby amends the Building Department personnel roster as follows: Delete: One (1) Full-time Clerk 40 hrs Add: One (1) Full-time Typist 35 hrs Carried Unanimously 16.4 DPW – Water & Sewer – Request to Amend 2002 Authorized Equipment List – Resolution By Alderperson Manos: Seconded by Alderperson Spielholz WHEREAS, the Water and Sewer Division’s 1982 Sewer Jet Truck has been experiencing severe leakage problems over the last three months, and WHEREAS, the division relies heavily on the sewer jet truck to correct daily stoppage problems, and WHEREAS, several repair attempts to the vehicle have been tried without success, and WHEREAS, the cost of a new machine has been estimated at $102,000, and WHEREAS, City Water and Sewer staff are recommending replacement of the sewer jet truck early in 2002, by deferring acquisition of other equipment; now, therefore, be it RESOLVED, That Common Council hereby amends the 2002 Authorized Water and Sewer Department equipment list as follows: Delete: One (1) ¾ Ton Pickup $27,000 One (1) 5 yd. Heavy Duty Dump Truck 65,000 $92,000 Add: One (1) Sewer Jet Truck Chassis and Flusher Unit $102,000 and be it further RESOLVED, That Common Council hereby directs the total encumbrance of $10,000 from 2001 Water and Sewer Equipment accounts F8316-5215 $4,000, and G8116-5215 $6,000 for the purposes of partially funding the said Sewer Truck acquisition for 2002. Carried Unanimously 16.5 DPW – Water & Sewer – Approve Extension of Professional Services Contract – Resolution By Alderperson Manos: Seconded by Alderperson Spielholz WHEREAS, Common Council approved at its regular meeting January 3, 2001, an extension of an on-site AutoCAD training service contract at Water and Sewer and other City departments for Michael O’Cello for the year 2001, and WHEREAS, the Water and Sewer Division requests an extension of that contract to December 31, 2002 at a $21.42 hourly rate, and December 5, 2001 66 WHEREAS, the current heavy workload in the Water and Sewer Division related to regional water and sewer engineering efforts, and overall City development have increased the need for specialized and experienced manpower to maintain the overall operations of the division; now, therefore, be it RESOLVED, That Common Council hereby authorizes the Superintendent of Public Works to extend the independent contract for on-site AutoCAD training with Michael O’Cello for the period from January 1, 2002 to December 31, 2002, to be reimbursed at the rate of $21.42 per hour, for a total contract extension not to exceed $22,500, and be it further RESOLVED, That the funds for said contract shall be derived from Water and Sewer operating accounts and Capital Project #506. Carried Unanimously RECESS: Common Council Recessed at 8:50 p.m. Alderperson Hershey arrived at the meeting at 8:50 p.m. Alderperson Mack arrived at the meeting at 9:00 p.m. RECONVENE: Common Council reconvened into Regular Session at 9:05 p.m. EXECUTIVE SESSION: Motion to Enter into Executive Session to Seek Advice of Legal Counsel By Alderperson Farrell: Seconded by Alderperson Sams RESOLVED, That Common Council adjourn into Executive Session to seek advice from Legal Counsel. Carried Unanimously RECONVENE: Common Council reconvened into Regular Session at 9:30 p.m. with no action taken. Mayor Cohen requested that Items 21.2 (a), (b), (c) be moved forward on the agenda in deference to members of the public who are in attendance specifically for the discussion and possible vote on the Six Point Traffic plan. 21.2 Six Point Traffic Plan Alderperson Farrell stated that the three resolutions related to the Six Point Traffic Plan have been brought to Council for discussion without a recommendation from the Planning Committee. a.) Declaration of Lead Agency Status By Alderperson Farrell: Seconded by Alderperson Hershey WHEREAS, State Law and Section 176.6 of the City Code require that a lead agency be established for conducting environmental review of projects in accordance with local and state environmental law, and WHEREAS, State Law specifies that for actions governed by local environmental review, the lead agency shall be that local agency which has primary responsibility for approving and funding or carrying out the action, and December 5, 2001 77 WHEREAS, the proposed adoption of the Six Point Traffic Plan is a "Type I" Action pursuant to CEQR which requires review under the City's Environmental Quality Review Ordinance; now, therefore, be it RESOLVED, That Common Council of the City of Ithaca does hereby declare itself lead agency for the environmental review of the proposed adoption of the Six Point Traffic Plan. Carried Unanimously 21.2b Declaration of No Significant Environmental Impact By Alderperson Farrell: Seconded by: Alderperson WHEREAS, the Findings Statement for the Generic Environmental Impact Statement for the Southwest Area Land Use Plan directed the City of Ithaca to conduct an evaluation of the Six Point Traffic Plan, also known as the M&M Traffic Plan, and WHEREAS, the Six Point Traffic Plan has been duly evaluated and is being considered for adoption, and WHEREAS, the adoption of the Plan is conceptual in nature; as specific projects move towards implementation, they will be subject to environmental review in accordance with SEQR, CEQR, and site plan review, in accordance with the City of Ithaca Site Development Plan Review Ordinance, and WHEREAS, concerns have been raised as to whether the project contains impermissible segmentation, and WHEREAS, environmental review has been performed on the multi- phased plan as a whole to the extent possible, the six points of the Six Point Traffic Plan are functionally separate; that is, any one of them could be built on its own and would still function to contribute to the management or mitigation of traffic in the Southwest Area of the City, and WHEREAS, individual project reviews will be no less protective of the environment than this review of them considered together as a comprehensive plan, and WHEREAS, appropriate environmental review for this proposed action has been conducted, and WHEREAS, the proposed action is an "Type 1" action under the State Environmental Quality Review Act, and is an "Type 1" action under the City Environmental Quality Review Ordinance, and WHEREAS, it appears that the proposed action will not have a significant effect on the environment; now, therefore, be it RESOLVED, That the City of Ithaca Common Council, as Lead Agency, hereby does determine that the proposed action at issue will not have a significant effect on the environment, and that further environmental review of this action is unnecessary under the circumstances, and, be it further RESOLVED, That this resolution shall constitute notice of this negative declaration, and the City Clerk be, and hereby is, directed to file a copy of the same, together with the attachment, in the City Clerk's Office and forward the same to any other parties as required by law. Carried Unanimously December 5, 2001 88 21.2c Adoption of Six Point Traffic Plan as a Component of the Comprehensive Plan By Alderperson Farrell: Seconded by Alderperson Hershey WHEREAS, the City of Ithaca Common Council, in its August 2000 Findings Statement to the Generic Environmental Impact Statement for the Southwest Area Land Use Plan, committed to studying and implementing a set of traffic mitigation measures, referred to as the M&M Plan, but later renamed the Six Point Plan, and WHEREAS, the goals of the Six Point Plan, as identified in the Findings Statement, are "to protect the Southside and South-of- the-Creek neighborhoods from the negative impacts of increased traffic, to improve the accessibility of the project area for people who live east and south of downtown Ithaca, and to provide a direct route which strongly links the Southwest Area to the downtown and to the West End/Inlet Island corridor", and WHEREAS, the City of Ithaca contracted with the professional traffic planning firm Wilbur Smith Associates of New Haven, Connecticut to complete an evaluation of the following six mitigation measures referred to in the Findings Statement, "converting Spencer Street to two-way traffic, constructing a new road behind Ithaca Plaza entering the new southwest development area, rebuilding the Plain Street pedestrian bridge over Six Mile Creek as a traffic bridge, widening Route 13 to five lanes, constructing the new Taughannock Road extension, and developing and implementing a City-wide traffic plan which promotes an open traffic grid in all areas of the City, including the possible removal of the diverters on Wood and South Streets", and WHEREAS, Wilbur Smith Associates has completed the Evaluation of the Six Point Traffic Plan in conjunction with a client committee of residents and local stakeholders, the consulting firm of Fisher Associates, and City of Ithaca Planning and Development Department staff, and WHEREAS, Wilbur Smith Associates has recommended all six mitigation measures as an effective means of achieving the goals set forth by the Findings Statement, and WHEREAS, members of Common Council have reviewed the proposed final draft of the Evaluation of the Six Point Plan, dated October 2001 and prepared by Wilbur Smith Associates, and WHEREAS, as Lead Agency, Common Council has declared that the adoption of the Six Point Plan will have no significant environmental impact, and WHEREAS, members of Common Council recognize that the Plan is conceptual in nature and that as specific projects move towards implementation, they will be subject to environmental review in accordance with SEQR, CEQR, and site plan review, in accordance with the City of Ithaca Site Development Plan Review Ordinance, and WHEREAS, members of Common Council have raised some issues that are not addressed in the Wilbur Smith report and WHEREAS, it is important that these issues get addressed and be added to the plan as public record and December 5, 2001 99 WHEREAS, the Wilbur Smith report offers three different scenarios for the widening of West Spencer Street and WHEREAS, it is important to the residents of West Spencer Street to know as soon as possible how wide the street will need to be and WHEREAS, members of Common Council are in favor of the six projects listed in the October 2001 Evaluation of the Six Point Traffic Plan; now, therefore, be it RESOLVED, That the City of Ithaca Common Council hereby adopts the October 2001 Six Point Traffic Plan, as outlined in alternative two of the Wilbur Smith Evaluation of the Six Point Plan as the traffic component of a broader Southwest Transportation Plan, to the City of Ithaca’s Comprehensive Plan and be it further RESOLVED, That Common Council intends to assemble its concerns into a document that is subject to council approval would become an addendum to the Six Point Traffic Plan and be it further RESOLVED, That it is the intent of Common Council to make a decision as soon as possible as to the width of a two-way West Spencer Street. Alderperson Farrell stated that one of her concerns regarding the Six Point Traffic Plan is that there are several items, and some of them appear to have more of an impact than others. The ones that appear to have the most impact also seem as if they would be the most difficult to implement. She stated that she would like an assurance that if Council begins the implementation process, that progress doesn’t stop when the easy items have been addressed. Amending Resolution By Alderperson Farrell: Seconded by Alderperson Manos RESOLVED, That the following language be added after the fifth Whereas clause: “WHEREAS, full benefits to be derived from implementation of the Six Point Traffic Plan as recommended by Wilbur Smith depend on all six points being implemented, and”, and, be it further RESOLVED, That the following language be substituted for the ninth Whereas clause: “WHEREAS, the members of Common Council have raised some issues that are not addressed in the Wilbur Smith report, including the possible need to prioritize points of the plan, and”, and, be it further RESOLVED, That the following language be added after the twelfth Whereas clause: “WHEREAS, certain points of the plan that are expected to have the greatest impact, including building the Taughannock Boulevard extension and converting Spencer Street to two-way traffic, are likely to be the most difficult to accomplish, and”, and, be it further December 5, 2001 1010 RESOLVED, That the following language be added as a fourth Resolved clause: “RESOLVED, That no points of the plan will be implemented until it is clear that all points of the plan, including extending Taughannock Boulevard and converting Spencer Street to two-way traffic, can be implemented.” Extensive discussion followed on the floor regarding the intention of the proposed language and its effect on the Main Motion. Alderperson Sams questioned whether this new language would commit the City to implement all six points of the Plan. City Attorney Schwab answered that the amendment states that Wilbur Smith’s report has concluded that full benefits would be derived by implementing all of the items, but it does not obligate the City to implement all of them. Mayor Cohen stated that the City does not become committed to specific projects until a capital project is established and the project is bonded for. Alderperson Farrell clarified that the intention of the proposed language is to state that the City of Ithaca Common Council hereby adopts the October 2001 Six Point Traffic Plan as outlined in Alternative 2, but will not start implementing parts of the plan until there is an assurance that all parts of the plan are feasible. Extensive discussion followed on the floor. A vote on the Amending Resolution resulted as follows: Ayes (2) Sams, Farrell Nays (8) Manos, Pryor, Vaughan, Blumenthal, Spielholz, Mack, Hershey, Taylor Failed Amending Resolution By Alderperson Spielholz: Seconded by Alderperson Hershey RESOLVED, That the ninth and tenth Whereas clauses, and the second Resolved clause be removed from the Main Motion, and, be it further RESOLVED, That the following language be inserted after the fifth Whereas clause: “WHEREAS, full benefits to be derived from implementation of the Six Point Traffic Plan as recommended by Wilbur Smith depend on all six points being implemented, and” Extensive discussion followed on the floor regarding the creation of a separate Resolution addressing the issues and concerns raised by Council, City boards and committees, and the public that were not resolved in the Wilbur Smith Report, and how they will become part of the public record. December 5, 2001 1111 A vote on the Amending Resolution resulted as follows: Ayes (8) Manos, Pryor, Vaughan, Blumenthal, Spielholz, Mack, Hershey, Taylor Nays (1) Farrell Abstentions (1) Sams Carried Alderperson Blumenthal voiced concern that the neighborhood measures will be completed first, and they will bear the impacts of the improvements resulting in additional traffic, and the Taughannock Blvd extension will not be completed. Amending Resolution By Alderperson Blumenthal: Seconded by Alderperson Manos RESOLVED, That the following language be added to the Main Motion: “RESOLVED, That Taughannock Boulevard Extension and Meadow Street improvements are priorities for implementation.” Alderperson Spielholz noted that she thinks that it is premature to include this language in the body of the Resolution. She stated that this language should be included when Council decides to prioritize the items. Alderperson Pryor stated that she believes there is not enough information at this point to make informed decisions regarding prioritization of the items. A vote on the Amending Resolution resulted as follows: Ayes (3) Farrell, Blumenthal, Sams Nays (7) Manos, Pryor, Vaughan, Mack, Spielholz, Taylor, Hershey Failed Extensive discussion followed on the floor with Planning and Development Director Van Cort and Superintendent of Public Works Gray answering questions regarding when information will be available to discuss the three alternatives for widening Spencer Street. Amending Resolution By Alderperson Blumenthal: Seconded by Alderperson Pryor RESOLVED, That the last Resolved clause be amended to read as follows: “RESOLVED, That it is the intent of the Common Council to make a decision by June 5, 2002, as to the width of a two-way West Spencer Street and if the Common Council does not make a decision by that date, the narrowest version will be implemented. Carried Unanimously Alderpersons Hershey and Pryor voiced their concern regarding the residents of Spencer Street that will be affected by the widening of the road. They voiced their commitment to finding creative solutions to compensate the affected property owners. Alderperson Blumenthal noted that in the 11th Whereas clause, it says the Wilbur Smith report offers three different scenarios, however five variations are included in the diagram. She recommended a friendly amendment to change the word “three” to “several”. No Council member objected. December 5, 2001 1212 Discussion followed on the floor with City Planner Logue and Planning and Development Director Van Cort showing Council a diagram of West Spencer Street with the Loh and Dahl properties identified. Alderperson Hershey stated that his intent is to give Ms. Dahl the option of either selling her property for fair market value or to save it. Amending Resolution By Alderperson Blumenthal: Seconded by Alderperson Hershey RESOLVED, That the following language be added to the Main Motion: “RESOLVED, That Common Council intends to work with the Dahl family to work out an equitable solution including a possible offer of full market value for the property.” Extensive discussion followed on the floor regarding the definition of “equitable solution”. City Attorney Schwab stated that she did not feel it was prudent for Council to commit to a particular action as the impacts to the property owners will be different depending what widening alternative Council selects. City Attorney Schwab explained the principles of a governmental body acquiring property for the common good. She stated that there are reasoning lines that have to be followed, as the City cannot make gifts of public funds to private individuals. City Attorney Schwab stated that she recommends that this resolution not address the specific needs of an individual family. A vote on the Amending Resolution resulted as follows: Ayes (2) Blumenthal, Hershey Nays (7) Manos, Pryor, Farrell, Vaughan, Mack, Spielholz, Taylor Alderperson Sams was absent from the vote Failed Amending Resolution By Alderperson Hershey: Seconded by Alderperson Pryor RESOLVED, That the first Resolved clause be amended to read as follows: “RESOLVED, That the City of Ithaca Common Council hereby adopts the October 2001 Six Point Traffic Plan, as outlined in alternative two of the Wilbur Smith Evaluation of the Six Point Plan, as an amendment to the City of Ithaca’s Comprehensive Plan, and, be it further” Carried Unanimously Alderperson Sams absent from vote Amending Resolution By Alderperson Blumenthal: Seconded by Alderperson Farrell RESOLVED, That an additional Resolved clause be added to the end of the Resolution to read as follows: December 5, 2001 1313 “RESOLVED, That Common Council will explore additional measures such as traffic-calming, transportation demand management and bicycle-pedestrian issues as part of the planning process to implement the 6 Point Plan.” Ayes (1) Blumenthal Nays (8) Manos, Pryor, Sams, Farrell, Vaughan, Mack, Spielholz, Taylor, Hershey Failed Alderperson Sams absent from vote Alderperson Blumenthal stated that she is going to vote against the resolution. She stated that the neighborhood is in disarray about the actions that have been taken, and it is unfortunate that Council is considering this legislation this evening. She suggested that a neighborhood meeting be held next week with a Council vote on the plan to take place the following week. She further stated that she is fully committed to traffic mitigation, but doesn’t think that the differences between alternative two and alternative three have been fully explored. She believes that there is a difference between levels of understanding and buy-in to this process, and thinks that the legislation deserves more time for further discussion and input from the neighborhood. Alderperson Farrell stated that she would not support this resolution because of the lack of prioritization of the items in the Plan. Alderperson Pryor stated that a client committee was formed to work with the consultants on this plan that included at least two people from the Wood Street and Plain Street neighborhoods. Over the course of nine months, there were twelve meetings of the client committee. Many hours were spent working together on this legislation. She stated that she wished the neighborhood representatives had come forward before the end of the process to identify the potential controversy and need for additional neighborhood input regarding the Plain Street bridge issue. The Client Committee would have been respectful of that request, and would have implemented a different schedule that included more neighborhood meetings. It was not until after the process had ended and the recommendation and report was presented, that the question of additional neighborhood input arose. She stated that the Client Committee tried very hard to make sure that neighborhood concerns were heard as part of the process. Main Motion as Amended A vote on the Main Motion as Amended resulted as follows: Ayes (7) Vaughan, Spielholz, Mack, Hershey, Taylor, Pryor, Manos Nays (3) Farrell, Sams, Blumenthal Carried The resolution as amended reads as follows: 21.2 (c) Six Point Traffic Plan – Adoption as a Component of the Comprehensive Plan WHEREAS, the City of Ithaca Common Council, in its August 2000 Findings Statement to the Generic Environmental Impact Statement for the Southwest Area Land Use Plan, committed to studying and implementing a set of traffic mitigation measures, referred to as the M&M Plan, but later renamed the Six Point Plan, and December 5, 2001 1414 WHEREAS, the goals of the Six Point Plan, as identified in the Findings Statement, are “to protect the Southside and South-of- the-Creek neighborhoods from the negative impacts of increased traffic, to improve the accessibility of the project area for people who live east and south of downtown Ithaca, and to provide a direct route which strongly links the Southwest Area to the downtown and to the West End/Inlet Island corridor”, and WHEREAS, the City of Ithaca contracted with the professional traffic planning firm Wilbur Smith Associates of New Haven, Connecticut to complete an evaluation of the following six mitigation measures referred to in the Findings Statement, “converting Spencer Street to two-way traffic, constructing a new road behind Ithaca Plaza entering the new southwest development area, rebuilding the Plain Street pedestrian bridge over Six Mile Creek as a traffic bridge, widening Route 13 to five lanes, constructing the new Taughannock Road extension, and developing and implementing a City-wide traffic plan which promotes an open traffic grid in all areas of the City, including the possible removal of the diverters on Wood and South Streets”, and WHEREAS, Wilbur Smith Associates has completed the Evaluation of the Six Point Traffic Plan in conjunction with a client committee of residents and local stakeholders, the consulting firm of Fisher Associates, and City of Ithaca Planning and Development Department staff, and WHEREAS, Wilbur Smith Associates has recommended all six mitigation measures as an effective means of achieving the goals set forth by the Findings Statement, and WHEREAS, full benefits to be derived from implementation of the Six Point Traffic Plan as recommended by Wilbur Smith depend on all six points being implemented, and WHEREAS, members of Common Council have reviewed the proposed final draft of the Evaluation of the Six Point Plan, dated October 2001 and prepared by Wilbur Smith Associates, and WHEREAS, as Lead Agency, Common Council has declared that the adoption of the Six Point Plan will have no significant environmental impact, and WHEREAS, members of Common Council recognize that the Plan is conceptual in nature and that as specific projects move towards implementation, they will be subject to environmental review in accordance with SEQR, CEQR, and site plan review, in accordance with the City of Ithaca Site Development Plan Review Ordinance, and WHEREAS, the Wilbur Smith Report offers several different scenarios for the widening of West Spencer Street, and WHEREAS, it is important to the residents of West Spencer Street to know as soon as possible how wide the street will need to be, and WHEREAS, members of Common Council are in favor of the six projects listed in the October 2001 Evaluation of the Six Point Traffic Plan; now, therefore, be it December 5, 2001 1515 RESOLVED, That the City of Ithaca Common Council hereby adopts the October 2001 Six Point Traffic Plan, as outlined in alternative two of the Wilbur Smith Evaluation of the Six Point Plan, as an amendment to the City of Ithaca’s Comprehensive Plan, and, be it further RESOLVED, That it is the intent of the Common Council to make a decision by June 5, 2002, as to the width of a two-way West Spencer Street and if the Common Council does not make a decision by that date, the narrowest version will be implemented. MOTION TO ADJOURN INTO EXECUTIVE SESSION: By Alderperson Sams: Seconded by Alderperson Hershey RESOLVED, That Common Council adjourn into Executive Session to discuss the employment history of two individual employees. Carried Unanimously RECONVE: Common Council reconvened into Regular Session. Mayor Cohen stated that Common Council met in Executive Session and took the following action: Resolution By Alderperson Farrell: Seconded by Alderperson Pryor RESOLVED, That Phyllis Radke is appointed Building Commissioner for the City of Ithaca. Carried Unanimously Resolution By Alderperson Manos: Seconded by Alderperson Vaughan RESOLVED, That effective May 10, 2002, Steven Thayer is appointed Controller of the City of Ithaca. Carried Unanimously Alderperson Sams left the meeting at 1:00 am. 19. HUMAN RESOURCES COMMITTEE: 19.1 Resolution To Accept Recommendation of City Administration Subcommittee By Alderperson Manos: Seconded by: Alderperson Vaughan WHEREAS, In April 2000 the Ithaca Common Council Human Resources Committee formed a subcommittee on restructuring the city administration. The sub committee was comprised of representatives from council, senior management and the community, and WHEREAS, The subcommittee was charged with studying whether the City is administered as effectively and efficiently as possible and whether there might be ways of improving administrative coordination and communication, and WHEREAS, After extensive research, including 23 comprehensive interviews with City senior staff, residents and former employees, a survey of other localities in New York and elsewhere, and a two-day site visit by the current Executive Director of State chapter of the International City/County Management Association, the subcommittee has submitted a report recommending creation of the position of City Administrator effective January 2003, and December 5, 2001 1616 WHEREAS, This report provides for a conceptual outline that would require additional work for Common Council, the Human Resources Director, and the City Attorney to reach a specific recommendation; now, therefore, be it RESOLVED, That Common Council accepts this recommendation submitted by the subcommittee, and, be it further RESOLVED, That Common Council authorizes the Human Resources Chairperson to appoint two common council members to work with the Mayor and Human Resources Director to develop a job description, salary recommendation and to work with the City Attorney to determine the implications and appropriate procedures for transferring powers if necessary. Mayor Cohen explained that this Resolution does not commit the City to establish or fund the position, it just accepts the recommendation of the sub-committee and gives the Human Resources Director the authorization to develop a job description and salary recommendation. Amending Resolution By Alderperson Blumenthal: Seconded by Alderperson Spielholz RESOLVED, That an additional Resolved clause be added to the end of the Resolution to read as follows: “RESOLVED, That this Resolution does not commit Common Council to filling or funding this position without further review.” Carried Unanimously Main Motion As Amended A vote on the Main Motion as Amended resulted as follows: Carried Unanimously 19.5 An Ordinance to Amend Chapter 90 Entitled “Personnel” of the City of Ithaca Municipal Code Regarding Residency Requirements By Alderperson Manos: Seconded by: Alderperson Hershey WHEREAS, since the promulgation of the Residency Requirements currently contained in Article X, Sections 90-67 and 90-68, of the Code of the City of Ithaca, new City departments have been created and new department heads and deputies have been hired, and WHEREAS, Common Council desires to clarify the residency requirements for department heads and deputies, and WHEREAS, Common Council further desires to create time lines and procedures for newly hired or promoted department heads and deputies to become City of Ithaca residents, now, therefore, be it RESOLVED, That Common Council hereby adopts the following Ordinance: ORDINANCE 01- BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows: December 5, 2001 1717 Section 1. Article X of the Code of the City of Ithaca, entitled “Residency Requirements” shall be deleted in its entirety and replaced with a new Article X, as follows: Section 2. There shall be a new section 90-67 as follows: 90-67. Purpose and Intent; Definition of Residency. A) Purpose and Intent. The City of Ithaca Common Council recognizes that a residency requirement as a condition of employment as a department head or deputy would result in the following: enhancement of the quality of employee performance by greater personal knowledge of the City's conditions and a feeling of greater personal stake in the City's progress, an increase in tax revenue to the City, enhanced response in ready situations, and a general economic benefit to the City and its citizens and businesses flowing from local expenditure of employee salaries. Therefore the Common Council determines that the public need is sufficient to require that all City department heads and deputies hired or promoted by the City on or after the effective date of this resolution be residents of the City of Ithaca. B) Definition. Residency shall be defined, for the purpose of this ordinance, as the place of residence where a person primarily lives, eats, sleeps, and maintains usual personal and household effects, and where the person returns to whenever temporarily absent. To be a city resident, and to fulfill the residency requirement, a person shall not have a domicile outside the City of Ithaca. Section 3. There shall be a new Section 90-68, as follows: 90-68. Residency Requirement; Investigation; Notice and Waiver. 1. Residency Requirement. (A) Except as otherwise provided by law, the City of Ithaca hereby establishes a residency requirement for all department heads and deputies, with the exception of Fire Department personnel and those who serve at the pleasure of the Mayor, hired or promoted by the City on or after the effective date of this Ordinance. Any such employee shall be a resident of the City within one year of that individual's hiring or promotion and shall continue to maintain residency within the City at all times during such continued employment. (B) A nonresident may be hired or promoted to department head or deputy by the City on the condition that the individual shall agree in writing to establish residency in the City within one year of that individual's hiring or promotion and continue to maintain residency within the City at all times during continued employment after such period. A prospective nonresident employee or promotee shall additionally provide to the December 5, 2001 1818 appointing authority a written timetable for attaining residency, which shall be updated every ninety days following the individual's hiring or promotion, concluding with a final status report thirty days prior to the expiration of the one year anniversary of that individual's hiring or promotion. (C) Failure by any department head or deputy to maintain City residency during the period of employment or to establish residency within the City within one year after being hired or promoted shall constitute a breach of the employee's condition of employment and may result in the termination of the employee subject to an investigation of residency. 2. Investigation of Residency. a. Should it be alleged that an employee is not in compliance with section three of this ordinance, the appointing authority shall initiate a hearing by: (1) Providing the employee with written notice of the alleged violation allowing the employee seven calendar days in which to respond; (2) If there is a failure to respond or, if in the judgment of the appointing authority the response is not sufficient to satisfy the requirements of this Ordinance, the appointing authority shall set a date to hear the charge of nonresidence; (3) The employee shall be sent a written notice of the hearing date at least fifteen calendar days prior to the hearing; (4) The appointing authority shall appoint an individual with no personal or professional stake in the outcome of the hearing to conduct the hearing. The appointing authority shall in writing designate an individual who for the purpose of the hearing shall be vested with all the powers of the appointing authority and who shall refer the hearing record and his or her recommendations to the appointing authority for review and decision; (5) The hearing shall be held within thirty (30) days after the employee's seven calendar day response period set forth in number 1 of this sub-section expires; (6) formal rules of evidence shall not apply; (6) The employee who is the subject of the hearing shall have a right to be represented by counsel or other representatives of his/her choice; (7) A record of the hearing shall be made; December 5, 2001 1919 b. Should an employee establish residency to the satisfaction of the appointing authority prior to the hearing date, it shall result in a cancellation of the hearing authorized by this section; c. Should the appointing authority determine that an employee is a nonresident in violation of this ordinance, the employee shall be notified in writing that the individual has been deemed to have voluntarily resigned from employment as of the date of the determination. d. Upon re-establishing residency, an individual having so resigned may apply for reinstatement to his or her former position. 3. Notice and Posting. A copy of this ordinance shall be provided to each employee upon his or her initial appointment or promotion. However, a failure to do so shall not affect the application of this ordinance to any employee appointed or promoted after its effective date. A copy of this ordinance shall also be posted on all notice boards normally used for employee communications. 4. Waiver of Requirement. In the event that a majority of Common Council, upon conferral with the Director of Human Resources and review by the appropriate standing committee of Common Council, determines that there is a lack of applicants which results in difficulty hiring or promoting a qualified person because of its residency requirement, the provisions of sub-sections 90-68(1) and 90-68(2) may be waived with respect to an incumbent of, or applicant to, a particular title. Section 4. Effective Date. This ordinance shall take effect immediately in accordance with law upon publication of a notice as provided in the Ithaca City Charter. Alderperson Manos reviewed the proposed Ordinance and identified changes from the current legislation. She explained that members of the Human Resources Committee had concerns regarding how this legislation affects promotional opportunities for existing staff. Extensive discussion followed on the floor regarding the merits of residency requirements for senior management staff. Alderperson Spielholz stated that she would not support this legislation as she believes it is difficult to enforce, it is unpopular with City staff, it hampers promotional opportunities within the workforce, and she has witnessed the extreme dedication to the City of employees who live outside City boundaries. Alderperson Hershey stated that the legislation was purposefully drafted to be very strict regarding residency waivers. He stated that he believes the employees affected by the residency December 5, 2001 2020 requirement are running the City and they should be subject to the rules and administration that they are making and carrying out. He added that he believes that management salaries, paid by the taxpayers should be re-invested in the community through mortgages and property taxes. Mayor Cohen stated that he believes the legislation should be amended to take into consideration promotions from within the City workforce. He stated that there are employees who have been with the organization a long time, and were never informed that they would have to move into the City if they advanced into management. He stated that he is not against this legislation pertaining to future hires as long as the statement is made to all new hires, that this is a clear expectation if you aspire to a management position. Alderperson Vaughan stated that residency legislation has been in the City Code for a decade, and although it has not been enforced, it is not a new concept. Alderperson Manos noted that employees who serve at the pleasure of the Mayor are exempted from the residency requirement. She further noted that the legislation provides a one-year time frame for employees hired or promoted to move into the City. Alderperson Manos further stated that this legislation does not apply to people who are currently appointed to their positions, it begins with new hires or newly appointed positions. Further Discussion followed on the floor regarding the one-year time period to move into the City and possible hardships that could present to employees. Amending Resolution By Alderperson Hershey: Seconded by Alderperson Pryor RESOLVED, That Section 90-68 (1)(C) be amended to read as follows: “(C) Failure by any department head or deputy to maintain City residency during the period of employment or to establish residency within the City within one year, subject to a six month extension by Common Council for reasons of hardship, after being hired or promoted shall constitute a breach of the employee's condition of employment and may result in the termination of the employee subject to an investigation of residency.” Ayes (7) Manos, Pryor, Farrell, Vaughan, Blumenthal, Taylor, Hershey Nays (0) Abstentions (2) Mack, Spielholz Carried Unanimously Main Motion as Amended A vote on the Main Motion as Amended resulted as follows: Ayes (6) Vaughan, Hershey, Farrell, Manos, Pryor, Taylor Nays (2) Blumenthal, Spielholz Abstention (1) Mack Carried December 5, 2001 2121 Alderperson Manos noted for the record her thanks to Jana Taylor, Norma Schwab, Schelley Michell-Nunn, Josh Glasstetter, and Steve Thayer for their work on this sub-committee. RECESS: On a motion the meeting was recessed at 1:10 a.m, to be continued on December 12, 2001 at 8:00 p.m. ________________________ _______________________ Julie Conley Holcomb, CMC Alan J. Cohen, City Clerk Mayor