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HomeMy WebLinkAboutMN-CC-2002-01-02 1 COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 7:00 p.m. January 2, 2002 PRESENT: Mayor Cohen Alderpersons (10) Pryor, Sams, Blumenthal, Mack, Manos, Whitmore, Vaughan, Peterson, Cogan, Hershey OTHERS PRESENT: City Clerk – Conley Holcomb City Attorney - Schwab City Controller – Cafferillo Deputy Controller – Thayer Superintendent of Public Works – Gray PLEDGE OF ALLEGIANCE: Mayor Cohen led all present in the Pledge of Allegiance to the American flag. APPROVAL OF MINUTES: Approval of the September 5, 2001 Minutes By Alderperson Pryor: Seconded by Alderperson Blumenthal RESOLVED, That the minutes of the September 5, 2001 Common Council meeting be approved as published. Ayes (9) Manos, Pryor, Sams, Whitmore, Vaughan, Blumenthal, Mack, Peterson, Hershey Nays (0) Abstentions (1) Cogan Carried Approval of the November 28, 2001 Minutes By Alderperson Pryor: Seconded by Alderperson Mack RESOLVED, That the minutes of the November 28, 2001 Special Common Council meeting be approved as published. Ayes (9) Manos, Pryor, Sams, Whitmore, Vaughan, Blumenthal, Mack, Peterson, Hershey Nays (0) Abstentions (1) Cogan Carried ADDITIONS TO OR DELETIONS FROM THE AGENDA: New Business: By Alderperson Sams requested the addition of Item 22.2 - Discussion and possible resolution regarding the Thomas Associates Building Assessment Study pertaining to GIAC renovations. Alderperson Pryor objected to this item being added to the agenda. Alderperson Vaughan recommended that a resolution be forwarded to the Board of Public Works for possible action as they are responsible for the maintenance of City facilities and infrastructure. January 2, 2002 2 MAYOR'S APPOINTMENTS: Mayor Cohen reported that he would not make any committee appointments until February. He asked Common Council members to forward names to him as soon as possible of people interested in serving on boards and commissions. He stated that the City Clerk would prepare a list of committee vacancies and forward it to Council members. Alderperson Peterson suggested that the City reach out to the community through the press by advertising committee vacancies. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: Bonnie Blanding-May addressed Council regarding the Northside Neighborhood Initiative. Bill Seldin, Co-President Board of Directors of GIAC, thanked the Mayor, Council and Superintendent Gray for their support regarding the GIAC Gym Floor/HVAC capital project. He expressed disappointment that discussion of releasing information from the building assessment study was not added to agenda, as the GIAC Board of Directors would like to begin fund raising efforts for building improvements. Dan Hoffman, City of Ithaca, addressed Council regarding the Widewaters real estate agreement. He stated that the terms of the agreement have been breached due to the changes made to property by Widewaters. He further asked Council to re-negotiate the terms of the agreement. Laurie Dahl, City of Ithaca, addressed Council regarding the proposed widening of Spencer Street. She urged Council to make a decision regarding her property as soon as possible, and to keep her family informed. Joel Harlan, Town of Dryden, addressed Council regarding the Widewaters Development Site. Fay Gougakis, City of Ithaca, voiced her disappointment that her concerns regarding traffic, Cass Park Pool, Cornell University, Ithaca College have not been listened to. RESPONSE TO THE PUBLIC: Alderperson Pryor addressed comments made regarding GIAC. She stated that she is happy to hear about the fund raising initiatives and hopes the GIAC Board doesn’t have to wait for the completion of the building assessment study to begin their efforts. She further stated that Spencer Street discussions have begun, and she would be happy to meet with Ms. Dahl and keep her informed of the progress of those discussions. Alderperson Hershey stated that he is in favor of giving the Spencer Street residents enough time to make informed decisions. Alderperson Sams noted that the GIAC fund raising efforts include large sums of money and grants from various foundations, and the study is required to qualify for funding. Alderperson Whitmore agreed that specific proposals are more effective with fund raising. Alderperson Whitmore thanked Bonnie Blanding-May for her comments and stated that he will work hard to support Northside neighborhood initiatives. He further addressed the comments made January 2, 2002 3 by Dan Hoffman and stated that he also believes the contract with Widewaters has been breached. Alderperson Cogan stated that he believes the building study report should be released to GIAC for fund raising purposes. He further stated that Widewaters contract should be reviewed with possible reimbursements due to the City. Alderperson Blumenthal addressed comments made regarding the transfer of land to Widewaters and stated that she would like to discuss this contract further with the City Attorney. Mayor Cohen stated that he appreciates the comments made about the Northside Neighborhood Initiative. He further stated that GIAC was the first building to organize for the building assessment study, and he whole-heartedly supports the fund raising efforts. He stated that additional discussion is needed regarding the release of portions of the study before it is complete. Mayor Cohen further noted that he signed a letter today regarding the status of the West Spencer Street project. Mayor Cohen clarified that Alderperson Mack does not represent Cornell University as was alluded to by one of the speakers and stated that college students make up 50% of the City’s population. REPORT OF CITY BOARDS, COMMISSIONS, AND COMMITTEES: Bicycle Pedestrian Advisory Council David Henderson, Chair, of the Bicycle Pedestrian Advisory Council(BPAC)reviewed the history of action taken by the Council since August, 2001. He stated that the Bicycle Plan implementation resolution is expected to be ready in March, 2002. He noted that BPAC would like the ability to review DPW projects, and asked how that procedure could be implemented. He stated that BPAC reviewed the revised, and approved, Six Point Plan and stated that the Council expects to be able to provide input in the decision making process in the future. BPAC has discussed pedestrian accessibility routes including crosswalks and curbcuts. He further stated that the wrong specifications were used on the East State Street grates. The incorrect grates have been removed and new ones have replaced them. Improvements are needed for sidewalks and curbcuts as soon as possible. Mr. Henderson noted that there are vacancies on the Council and urged the Mayor and Common Council to fill them expeditiously. Alderperson Hershey thanked Mr. Henderson and BPAC for all of their hard work and for a very thoughtful report. Mayor Cohen thanked Mr. Henderson for his report and stated that he will be following up with Superintendent Gray on some of BPAC’s concerns. BUDGET AND ADMINISTRATION COMMITTEE 19.1 Finance/Controller - Designation of Official Newspaper By Alderperson Vaughan: Seconded by Alderperson Whitmore RESOLVED, That pursuant to Section C-113 of the City Charter, the Ithaca Journal be and is hereby designated as the official newspaper of the City of Ithaca for the year 2002. Carried Unanimously January 2, 2002 4 19.2 Finance/Controller - Collateral to Secure Deposits By Alderperson Vaughan: Seconded by Alderperson Peterson RESOLVED, That the collateral deposited by the Tompkins County Trust Company, M & T Bank and the Fleet Bank as reported, be approved as to form and sufficiency. City Controller explained that this resolution is a pledge of obligations for City investments. A vote on the Resolution resulted as follows: Carried Unanimously 19.3 Finance/Controller - Public Employee's Blanket Bond By Alderperson Vaughan: Seconded by Alderperson Pryor RESOLVED, That pursuant to Section 11 of the Public Officers Law, the following Bond, which is on file in the Office of the City Clerk, be, and is hereby approved in all respects for the year 2002. Faithful Performance Blanket $250,000 National Granger Bond Coverage Insurance Company Carried Unanimously 19.4 Finance/Controller - Designation of Common Council Meetings By Alderperson Vaughan: Seconded by Alderperson Pryor RESOLVED, That the regular meetings of the Common Council, for the year 2002, be held at 7:00 P.M., on the first Wednesday of each month, in the Common Council Chambers, at City Hall, 108 East Green Street, Ithaca, New York, unless otherwise determined by Common Council. Carried Unanimously 19.5 Finance/Controller - Designation of Official Depositories By Alderperson Vaughan: Seconded by Alderperson Pryor RESOLVED, That pursuant to Section C-34 of the City Charter, the Tompkins County Trust Company, M & T Bank, and the Fleet Bank be, and they are, hereby designated as the official depositories of all City Funds for the year 2002 and are currently deposited as follows: TOMPKINS COUNTY TRUST COMPANY ACCOUNT NAME ACCOUNT NUMBER City of Ithaca Operating Fund 01-201-001004 Employees Group Insurance Deductions 08-201-001004 City of Ithaca Payroll Fund 04-201-001004 Guaranty and Bid Deposits 05-201-001004 Health Facility Agreement 05-201-001004 Deposit on Water Meters 05-201-001004 City of Ithaca-Wire Transfer Community Enterprise Opportunity 06-201-001004 City of Ithaca BID Assessments 06-201-001055 Ithaca Fire Department Bunker Facilities 05-201-001004 Sale of Unclaimed Property 05-201-001004 Circle Greenway 05-201-001004 Conference on College and Community 05-201-001004 Center for Expressive Arts 05-201-001004 Peter DeWysocki Memorial Fund 05-201-001004 Department of Justice Grant 09-201-001004 Lockbox – Tickets 03-201-001004 City of Ithaca Construction Fund 10-104-083831 Cemetery Fund 05-201-001004 Commons Cultural Tourism 05-201-001004 January 2, 2002 5 Jack Kiely Scholarship Fund 05-201-001004 DeWitt Park Improvement Fund 05-201-001004 Employees N.Y.S. Withholding Tax 08-201-001004 Employees U.S. Savings Bonds 08-201-001004 Centennial Art Work 05-201-001004 N.Y.S. Police, Fire and Employees Retirement System 08-201-001004 GIAC Youth Enterprise Fund 05-201-001004 FICA Overpayment Reimbursement 05-201-001004 Juvenile Firesetter's Program 05-201-001004 Capital Reserve Fund #4 - Bridges 01-201-001055 Capital Reserve Fund #11 - Parks and Recreation Areas 01-201-001055 Capital Reserve Fund #14 - Parking Areas 01-201-001055 Capital Reserve Fund #15 - Fire Engine Replacement 01-201-001055 Capital Reserve Fund #16 - Development of Water Sources 01-201-001055 Capital Reserve Fund #17 - Sewer Construction 01-201-001055 Capital Reserve Fund #17A - Mandatory Reserve for Sewer Plant Construction 01-201-001055 Capital Reserve Fund #20 - West Hill Water and Sewer Replacement 01-201-001055 Capital Reserve Fund #22 - Bus Replacement 01-201-001055 Capital Reserve Fund #23 - Public Works Equipment 01-201-001055 Capital Reserve Fund #24 - Energy Conservation 01-201-001055 Capital Reserve Fund #25 - Capital Improvements 01-201-001055 Capital Reserve Fund #26 - Land Acquisition 01-201-001055 Capital Reserve Fund #27 - DPW Consolidation 01-201-001055 Payroll Benefits - Flexible Spending 08-201-001004 ECHO 05-201-001004 Six Mile Creek Natural Area 05-201-001004 Thermal Imaging Unit 05-201-001004 Fire Department 175 Anniversary 05-201-001004 Rick Gray Memorial 05-201-001004 Stewart Park Carousel Fund 05-201-001004 Rt. 13 Plaza Light 05-201-001004 Northside Neighborhood Cleanup 05-201-001004 IPAC Escrow 14-303-468203 Capital Reserve Fund - Joint Activity Fund 01-101-099762 Debt Service Fund 02-201-001004 Joint Activity Capital Fund 01-101-116535 FLEET BANK ACCOUNT NAME ACCOUNT NUMBER Firemen's Relief Fund 267-010001 Ithaca Area Wastewater Treatment Plant - Phase III 267-365187 M & T BANK ACCOUNT NAME ACCOUNT NUMBER City of Ithaca - Construction Fund 01528-781-6 Alderperson Hershey asked if this was a competitive bid process. He explained that these depositories are designated every year and wanted to clarify that this is a transparent process. January 2, 2002 6 City Controller Cafferillo stated that the placement of accounts are determined by the charges, fees, and terms and conditions that the banks are willing to provide to the City. A vote on the Resolution resulted as follows: Carried Unanimously 19.6 Finance/Controller - Approval of 2002 Community Services Agencies Contracts By Alderperson Vaughan: Seconded by Alderperson Hershey RESOLVED, That the Mayor be authorized to execute the following 2002 contracts with Community Services Agencies, in accordance with the adopted 2002 City budget: Celebrations - Flag Day 350 Celebrations - Veterans Day 800 Cabin Fever Festival Coalition 1,200 Challenge Industries 4,500 Community Arts Partnership 7,500 Community Arts Partnership Visitor Ticket Center 4,500 Community School of Music and Arts 3,000 Cornell Cooperative Extension 4,500 DeWitt Historical Society 7,500 Firehouse Theater (Reserved) 3,500 Friendship Donations Network 1,560 Human Rights Commission 625 Ithaca Festival 5,500 Juneteenth, Kwanzaa, etc. Celebrations 5,000 Kitchen Theater Company 3,500 Labor Coalition 6,000 Multicultural Resource Center 6,000 On Site Volunteer Services 4,500 Project Growing Hope 500 Sciencenter Afterschool Program 3,000 Suicide Prevention & Crisis Service of Tompkins County 3,000 T. C. Cornell Cooperative Extension Neighborhood Leadership Program 4,500 Alderperson Vaughan stated that the Firehouse Theater has been reserved and the City will not be making disbursements until certain requirements are met and some questions have been answered. A vote on the Resolution resulted as follows: Carried Unanimously 19.7 Planning Department – Request to Approve Traffic Calming Contract By Alderperson Vaughan: Seconded by Alderperson Pryor WHEREAS, the City’s Traffic Calming Program is preparing to enter the implementation phase of the development, and WHEREAS, based on traffic calming plans, the Planning Department has requested and received Requests for Proposals to provide preliminary construction drawings and cost estimates, and WHEREAS, the firm of Dufresne-Henry of Rochester, New York, has been recommended to provide said schematic level drawings and cost estimates at a contract cost of $59,350; now, therefore, be it January 2, 2002 7 RESOLVED, That the Mayor be hereby authorized to enter into an agreement with Dufresne-Henry of Rochester, New York at a cost not to exceed $59,350 to provide preliminary construction drawings and cost estimates for various traffic-calming measures based on the prior work by Fehr and Peers Consultants, and be it further RESOLVED, That funds needed for said contract shall be derived from the existing authorization in Capital Project #384 City-wide Traffic Calming. Alderperson Cogan asked what percentage of funds has already been allocated from this capital project. He further asked how capital project spending is tracked. Deputy City Controller Thayer stated that the amount authorized for this project is $350,000, $281,000 is currently available, and $59,350 is committed for this particular contract. The City Controller’s Office tracks the expenditures of capital projects. Mayor Cohen stated that the remaining funds will barely cover one of the five target areas that were included in this experiment. He stated that a request for additional funding may be presented to Council at a future date. Alderperson Cogan stated that he has reviewed the contract for the preliminary construction drawings and it was not clear that Dey Street was included. Mayor Cohen stated that Dey Street was originally identified, but shared the same concerns regarding the contract language. He stated that he would delay signing the contract until this issue is resolved. Alderperson Whitmore stated that a lot of the residents in his ward have been waiting a long time for this project, and he would like to see some type of action taken tonight. Amending resolution By Alderperson Whitmore: Seconded by Alderperson Cogan RESOLVED, That an additional Resolved clause be added to the Resolution to read as follows: “RESOLVED, That before the contract is signed, a review will be conducted to ensure that all streets included in the original study are included in the contract including the specific projects for Dey Street.” Carried Unanimously Alderperson Vaughan stated that she believes Cliff Street was removed from the contract for logistical and feasibility reasons regarding emergency vehicle access. Mayor Cohen stated that if the Dey Street projects were removed from the contract for a specific reason, he would bring this matter back to Council for further consideration. A vote on the Main Motion as Amended resulted as follows: Carried Unanimously January 2, 2002 8 19.8 Youth Bureau – Request Release of Funds from Restricted Contingency for Feasibility Study By Alderperson Vaughan: Seconded by Alderperson Manos WHEREAS, the 2001 Approved Budget included $15,000 in funds placed in Restricted Contingency to pay for the City’s portion of a Recreation Facilities Study, and WHEREAS, the Study, which is currently underway, will be jointly planned and paid for by the City of Ithaca, Town of Ithaca and Tompkins County at a total study cost of $30,000; now, therefore, be it RESOLVED, That Common Council hereby authorizes the transfer of $15,000 from account A1990 Restricted Contingency to account A7310-5435-1501 Youth Bureau Contracts to be sent to Tompkins County for the City’s portion of the Recreation Facilities Study. Carried Unanimously 19.9 Youth Bureau – Request to Approve Recreation Partnership Board By-laws By Alderperson Vaughan: Seconded by Alderperson Manos RESOLVED, That Common Council hereby approves the Recreation Partnership Board Bylaws as presented in the agreement. Carried Unanimously 19.10Youth Bureau – Request to Approve City-County Recreation Agreements for 2001 and 2002 By Alderperson Vaughan: Seconded by Alderperson Pryor RESOLVED, That the Mayor be authorized to enter into an agreement with the County of Tompkins acting on behalf of the Recreation Partnership Board for the term from January 1, 2001 to December 31, 2002 for recreation services as outlined in the agreement. Alderperson Cogan asked about the retroactive nature of this agreement approval, and the City’s involvement with the Recreation Partnership Board. Alderperson Manos clarified that the City is a partner in the Recreation Partnership, but is also currently the sole provider of recreation services. Alderperson Cogan clarified that this agreement pertains to the service provider aspect, but the partnership piece of the agreement has been withdrawn. Alderperson Vaughan stated that the Town of Ithaca made substantive changes to the wording of the partnership agreement that the City wasn’t comfortable approving without returning to the negotiating table. She further stated that the City is approving the agreement for last year, and agreeing to provide services for 2002. Fees will be reimbursed for services rendered in 2001 upon approval of this resolution. A vote on the Resolution resulted as follows: Carried Unanimously 19.11DPW – Request Funds for Stewart Avenue Bridge Sidewalk Repairs By Alderperson Vaughan: Seconded by Alderperson Peterson WHEREAS, due to rapid deterioration in the sidewalk on the Stewart Avenue Bridge, staff has recommended emergency repairs, and January 2, 2002 9 WHEREAS, the Board of Public Works has declared that the sidewalk on the Stewart Avenue Bridge is in need of emergency repairs, and WHEREAS, staff has estimated the sidewalk repair cost at $15,000; now, therefore, be it RESOLVED, That Common Council hereby establishes Capital Project #456 in the amount of $15,000 for the emergency repair of the sidewalk on the Stewart Avenue Bridge, and be it further RESOLVED, That funds necessary for said emergency repair shall be transferred from Capital Reserve #4 Bridges. Alderperson Mack questioned whether it was possible for similar damage to occur on the other side of the bridge, and if it would be more cost effective to make repairs to the entire bridge. Superintendent Gray stated that this damage is peculiar to the concrete fill sidewalk, and it is possible that this will happen in several other locations as well. He stated that his staff will be monitoring the situation and investigating long term solutions. He stated that the money spent on the emergency repairs would not be wasted if additional repairs are needed in the future, but there is an immediate need to repair this bridge. Further discussion followed on the floor regarding the cause of the damage and proposed treatments. A vote on the Resolution resulted as follows: Carried Unanimously NEW BUSINESS: Appointment of Marriage Officers By Alderperson Vaughan: Seconded by Alderperson Blumenthal RESOLVED, that the following people be appointed as marriage officers with a term to expire December 31, 2002: Paulette Manos Patricia Pryor David Whitmore J. Diann Sams Patricia Vaughan Carolyn Peterson Peter Mack Daniel Cogan Edward Hershey Carried Unanimously Recess to Seek the Advice of Legal Counsel Common Council recessed from Regular session to seek the advice of legal counsel at 9:40 p.m. RECONVENE: Common Council reconvened into Regular Session at 10:00 p.m. McKnight Lawsuit – Resolution By Alderperson Hershey: Seconded by Alderperson Blumenthal WHEREAS, Joe McKnight and Cheryl Buckman have filed claims against the City of Ithaca for damages arising out of the closing of their barbershop in March of 1999; and January 2, 2002 10 WHEREAS, it is in the best interest of the City to settle the claim; it is hereby RESOLVED, that a payment in the amount of One Hundred Thousand Dollars ($100,000.00) be made to the claimants in full settlement, and be it further RESOLVED, that Fifty Thousand Dollars ($50,000.00) will be paid by the City’s liability insurer and Fifty Thousand Dollars ($50,000.00) to be paid out of the City General Fund, and be it further RESOLVED, that the Mayor, upon review and advice by the City Attorney, is authorized to sign any necessary settlement documents. Alderperson Sams commented that she agrees with Dr. James Turner’s words about the cost of these actions being very high. She asked everyone to remember the events of the last few years, including what the City went through and what it cost the people of the City of Ithaca. A vote on the Resolution resulted as follows: Carried Unanimously Mayor Cohen distributed Standing Committee and Committee Liaison appointments to Common Council members. He asked Council members to speak with him if they had concerns about their assignments. He further stated that Common Council needs to make appointments to the TCAT Board (three appointments, two of which need to be elected officials), and the Ithaca Downtown Partnership (one appointment). Alderperson Hershey stated that the City Charter states that Council should elect an Acting Mayor and Alternate Acting Mayor at its first meeting, or as soon as practical. He stated that it is reasonable not to act on those appointments tonight given the turnover in Council, but he expects that these appointments will be made in February. In the interim period he, and Paulette Manos will continue to serve in those capacities. Alderperson Sams asked Mayor Cohen which committee the GIAC request should be forwarded to. Mayor Cohen responded that he would check on the status of the building assessment study, and if information is already assembled it may be available for release. He stated that he would report back to Council if there is a need to reconsider this matter. ADJOURNMENT: On a motion the meeting adjourned at 10:05 P.M. ________________________ _______________________ Julie Conley Holcomb, CMC Alan J. Cohen, City Clerk Mayor