HomeMy WebLinkAboutMN-CC-2002-01-02
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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