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HomeMy WebLinkAboutMN-CC-2002-02-06 1 COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 7:00 p.m. February 6, 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 Planning and Development Director – Van Cort Economic Development Director - McDonald Superintendent of Public Works – Gray Human Resources Director – Michell-Nunn Community Development Planner - Kittel Building Commissioner - Radke PLEDGE OF ALLEGIANCE: Mayor Cohen led all present in the Pledge of Allegiance to the American flag. YOUTH AWARD: Alderpersons Vaughan and Blumenthal presented the February 2002 Youth Award to the Belle Sherman Elementary School Third and Fifth grade classes for their work with the American Red Cross. The students’ interest and concern about natural disaster events worldwide and weather hazards locally, helped focus presentations and their fund raising activities. The following are activities that the Chapter of the American Red Cross and Belle Sherman School have undertaken together: Fall of 1998 - Table at the Corn Festival which provided various brochures on preparedness and hazards Fall of 1999 - Table about Y2K preparedness March 2000 - Ms. Cox’s Third grade class raised money and gave a check for international disaster relief May of 2000 - Ms. Solomon’s Fifth grade class raised money and gave a check for international relief May 2001 – Ms. Work’s Third grade class raised money and talked about disaster preparedness Fall of 2001 – Ms. Shaw’s Third grade class used the vegetables from the school’s garden to make soup which they sold. Proceeds from that sale went to the victims of 9/11 in New York City. Fall of 2001 – Ms. Manning’s Fifth grade class held a bake sale with the proceeds going to disaster relief for New York City victims of 9/11. ADDITIONS TO OR DELETIONS FROM THE AGENDA: New Business: Mayor Cohen requested the addition of Item 13.5 - Appointment of City Representatives to TCAT Board of Directors. No Council member objected. February 6, 2002 2 SPECIAL ORDER OF BUSINESS: A Public Hearing to Consider Changing the Zoning Designation of Certain Areas of the City from B-4 to CBD 60 By Alderperson Hershey: Seconded by Alderperson Pryor RESOLVED, That the Public Hearing to Consider Changing the Zoning Designation of Certain Areas of the City from B-4 to CBD 60 be declared open. Carried Unanimously No one appeared to address Council. Resolution to Close Hearing By Alderperson Hershey: Seconded by Alderperson Mack RESOLVED, That the Public Hearing to Consider Changing the Zoning Designation of Certain Areas of the City from B-4 to CBD 60 be declared closed. Carried Unanimously A Public Hearing to Consider the Adoption of an Addendum to the Ithaca Bicycle Plan By Alderperson Pryor: Seconded by Alderperson Whitmore RESOLVED, That the Public Hearing to Consider the Adoption of an Addendum to the Ithaca Bicycle Plan be declared open. Carried Unanimously No one appeared to address Council. Resolution to Close Hearing By Alderperson Hershey: Seconded by Alderperson Cogan RESOLVED, That the Public Hearing to Consider the Adoption of an Addendum to the Ithaca Bicycle Plan be declared closed. Carried Unanimously COMMUNICATIONS/PROCLAMATIONS: Mayor Cohen proclaimed January 27 - February 3, 2002, Catholic Schools Week in the City of Ithaca. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: Joel Harlan, Town of Dryden, spoke regarding the State of the City Address. Ana Brandes, City of Ithaca, addressed Council regarding the installation of a traffic light at Cayuga and Spencer Streets, and the leash law not being enforced on The Commons. Jennifer Dotson, City of Ithaca, thanked Mayor Cohen for the appointments to BPAC, and Bike Plan Addendum. She also spoke on the need for better communication regarding committee appointments. CONSENT AGENDA: 8.1 Chamberlain’s Office – Request to Amend Personnel Roster By Alderperson Manos: Seconded by Alderperson Vaughan WHEREAS, the Chamberlain’s Office along with the Controller’s Office are requesting a reclassification of the Office Manager position to Fiscal Manager, and WHEREAS, these two departments have determined that this reclassification will enable both departments to better serve the workforce, and February 6, 2002 3 WHEREAS, the current Office Manager has worked out of title since August 20, 2000 due to the unforeseen early departure of the long- term Payroll Coordinator, who eventually retired on December 31, 2000, and WHEREAS, the Controller’s Office has worked diligently to restructure the payroll function, and WHEREAS, as a result of the restructuring a Principal Account Clerk position was created in place of the Payroll Coordinator and the supervision of the payroll function was incorporated into the Office Manager position; now, therefore be it RESOLVED, That Common Council hereby amends the Chamberlain’s Personnel Roster as follows: Delete: One (1) Office Manager Add: One (1) Fiscal Manager and be it further RESOLVED, That the Fiscal Manager be assigned to the Executive Association and to salary grade B of the Executive Unit Compensation Plan, and, be it further RESOLVED, That Joyce Day be provisionally appointed to the position of Fiscal Manager at a salary of $47,814. Carried Unanimously 8.2 City Clerk's Office – Deputy City Clerk - Request for Temporary Reduction in Hours By Alderperson Manos: Seconded by Alderperson Vaughan WHEREAS, Deputy City Clerk Robin Korherr has requested a temporary reduction in hours from 40 hours to 24 hours to further her education, and WHEREAS, the reduction in hours would occur from January 21, 2002 to May 3, 2002; now, therefore, be it RESOLVED, That a temporary reduction in hours from 40 hours to 24 hours is authorized for Deputy City Clerk Robin Korherr commencing on the 21st day of January, 2002, and ending on the 3rd day of May, 2002 and, be it further RESOLVED, That Robin Korherr’s annual salary for this period shall be established at $23,765, and, be it further RESOLVED, That commencing on the 6th day of May, 2002, this employee is authorized to return to full-time (40-hours per week) employment at an annual salary of $39,619. Carried Unanimously 8.3 City Clerk’s Office - Appointment of Acting Deputy City Clerk By Alderperson Manos: Seconded by Alderperson Vaughan WHEREAS, Deputy City Clerk Robin Korherr has requested a temporary reduction in hours from 40 hours to 24 hours from January 21, 2002 to May 3, 2002, to further her education, and February 6, 2002 4 WHEREAS, City Clerk Julie Conley Holcomb has requested the appointment of Sarah Myers as Acting Deputy City Clerk during this temporary time period to ensure the continuation of prompt service to staff and the public; now, therefore, be it RESOLVED, That Common Council approves the appointment of Sarah Myers to the position of Acting Deputy City Clerk to serve on an “as needed” basis in the absence of the Deputy City Clerk effective January 21, 2002, and ending May 10, 2002, and, be it further RESOLVED, That a stipend in the amount of 10% above her current rate of pay, be paid to Sarah Myers to compensate her for the out-of-title duties and responsibilities she will incur while fulfilling this position, and, be it further RESOLVED, That said funds be derived from the City Clerk’s budget. Carried Unanimously 8.4 Human Resources – Request to Amend the Personnel Roster By Alderperson Manos: Seconded by Alderperson Vaughan WHEREAS, the 2002 Human Resources Department budget passed by Common Council eliminated the part-time deputy director position and authorized the creation of a twenty-five hour Human Resources Associate, and WHEREAS, the 2002 Human Resources Department budget passed by Common Council also included a deputy stipend to be paid over the course of the year to enable the Human Resources Associate to act in the absence of the Director; now, therefore be it RESOLVED, That Common Council hereby amends the 2002 Human Resources Department Personnel Roster as follows: Delete: One (1) Deputy Director of Human Resources (27 hrs) Add: One (1) Human Resources Associate (25 hrs) And be it further RESOLVED, That the annual rate of $1,200 be paid to the Human Resources Associate as a deputy director stipend. Carried Unanimously 8.5 Fire Department – Establish Capital Project for National Weather Service Transmitter By Alderperson Manos: Seconded by Alderperson Vaughan WHEREAS, the City of Ithaca, through efforts of the Ithaca Fire Department, will soon receive $75,000 in grant funds awarded by the Rural Utilities Service (RUS) of the U.S. Department of Agriculture, to support installation of a National Weather Service transmitter, which will extend National Weather Service (NWS) coverage to this area, and WHEREAS, these grant funds will support the entire cost of this project, at no cost to the City, including acquisition and installation of the transmitter and associated equipment at a site donated by Ithaca College, and February 6, 2002 5 WHEREAS, on October 3, 2001, Common Council authorized, and Mayor Cohen on October 24, 2001 signed, on behalf of the City of Ithaca, a Memorandum of Agreement with the National Weather Service, which will transfer ownership of the acquired facilities to the weather service once installed, so that NWS can assume maintenance and operating costs, and WHEREAS, the City Controller has advised that establishment of a capital project is the appropriate financial mechanism to accept the grant funding and support acquisition and installation of the equipment prior to transfer; now, therefore, be it RESOLVED, That Common Council hereby authorizes establishment of Capital Project #455 Acquire a National Weather Service Transmitter, and, be it further RESOLVED, That funds necessary for said capital project shall be derived from the U.S. Department of Agriculture Rural Utilities Service grant. Carried Unanimously 8.6 Chamberlain – Request to Amend Tax Bill By Alderperson Manos: Seconded by Alderperson Vaughan WHEREAS, a bill for installation of water and sewer services in the amount of $10,584.98 was added to the first installment of the 2002 City taxes for 131 Haller Boulevard, and WHEREAS, the owner of the property has asked to have the bill removed so that it may be paid separately from the taxes, and WHEREAS, the owner has committed to paying the bill in full no later than March 31, 2002; now, therefore, be it RESOLVED, That Common Council hereby authorizes the City Chamberlain to remove the $10,584.98 bill from the City First Installment tax bill for 131 Haller Boulevard, and, be it further RESOLVED, That the owner be given an opportunity to pay the bill with applicable interest no later than March 31, 2002, and, be it further RESOLVED, That the bill be added to the 2002 City Second Installment taxes if it is not paid by March 31, 2002. Carried Unanimously 8.7 Chamberlain – Approval of Certificate of Authority to Invest Funds at Fleet Bank By Alderperson Manos: Seconded by Alderperson Vaughan RESOLVED, That Fleet Bank (the “Bank”) be, and hereby is designated as a depository of funds of the Depositor, with authority to accept at any time for the credit of the Depositor deposits in checking, savings, money market savings, term or any other account, by whomsoever made in whatever manner endorsed, and, be it further RESOLVED, That the Bank shall not be liable in connection with the collection of such items that are handled by the Bank without negligence and the Bank shall not be liable for the acts of its agents, subagents or for any other casualty, and, be it further February 6, 2002 6 RESOLVED, That the Depositor assumes full responsibility for and shall indemnify the Bank against all losses, liabilities and claims resulting from payments, withdrawals or orders made or purported to be made in accordance with, or from actions taken in good faith and in reliance upon, these Resolutions, and, be it further Payment Orders RESOLVED, That the Bank be, and hereby is, authorized and directed to certify, pay or otherwise honor all checks, drafts, notes, bills of exchanges, acceptances, undertakings and other instruments or orders for the payment, transfer or withdrawal of money for whatever purpose and to whomsoever payable when such instruments and orders are properly made, signed, or endorsed by the signature, the actual or purported facsimile signature or the oral direction of any of the authorized signers below; provided, however, that any check, draft, note, bill of exchange, acceptance, undertaking or other instrument for the payment, transfer or withdrawal must bear the actual or purported facsimile signature of any one of the authorized signers below, and, be it further RESOLVED, That any authorized signer acting alone be, and hereby is, authorized on behalf of the Depositor to endorse, negotiate and collect any and all checks, drafts, notes, bills of exchange, acceptances, undertakings and other instruments and to open and close and update information on any account of the Depositor at the Bank, and, be it further Fund Transfers RESOLVED, That any of the authorized signers below acting alone be, and hereby is, authorized on behalf of the Depositor to instruct, orally or by such other means as the Bank may make available to Depositor, the Bank to initiate the transfer of funds by wire, telex, automated clearinghouse, book entry, computer or such other means, and to execute agreements with the Bank for the transfer of funds from any of Depositor’s accounts and to delegate from time to time to other persons the authority to initiate the transfer of funds from any such account, and, be it further Additional Resolutions RESOLVED, That the Bank may rely on any signature, endorsement or order and any facsimile signature or oral instruction reasonably believed by the Bank to be made by an authorized signer, and the Bank may act on any direction of an authorized signer without inquiry and without regard to the application of the proceeds thereof, provided that the Bank acts in good faith, and, be it further RESOLVED, That the Depositor assumes full responsibility for and shall indemnify the Bank against all losses, liabilities and claims resulting from payments, withdrawals or orders made or purported to be made in accordance with, or from actions taken in good faith and in reliance upon, these Resolutions, and, be it further February 6, 2002 7 RESOLVED, The Bank may rely on this document and on any certificate by an authorized representative of the Depositor as to the names and signatures of the authorized signers of the Depositor until the Bank has actually received written notice of a change and has had a reasonable period of time to act on such notice, and, be it further RESOLVED, That the Depositor agrees to notify the Bank promptly and in writing of any change in (a) these Resolutions, (b) the identity of persons authorized to sign, endorse or otherwise authorize payments, transfers or withdrawals, (c) ownership of the Depositor or the Depositor’s legal structure or status, including the Depositor’s dissolution or bankruptcy, and, be it further RESOLVED, That any of the following named persons, or persons from time to time holding the following offices of the Depositor be, and hereby are, designated as the authorized signers to act on behalf of the Depositor in accordance with the above resolutions: City Chamberlain Debra A. Parsons City Controller Dominick R. Cafferillo Deputy City Controller Steven P. Thayer Carried Unanimously 8.8 An Ordinance Amending the Zoning Map, Section 325-5 of the City of Ithaca Municipal Code By Alderperson Manos: Seconded by Alderperson Vaughan WHEREAS, on June 6, 2001, the Common Council adopted Ordinance to amend the Zoning Map established pursuant to Chapter 325 Entitled "Zoning" of the City Municipal Code, and WHEREAS, as the result of a typographical error a number 2 was omitted in the recording of an affected tax parcel such that parcel 67.-3 - 22 was incorrectly noted as 67.-3-2, and WHEREAS, supporting documentation distributed for review prior to the June 6, 2001 Common Council meeting shows clearly that tax parcel 67.-3-2, located on Delaware Avenue, could not have one of the parcels affected by proposed rezoning of portions of Linden Avenue, and WHEREAS, in discussion with the City Attorney's Office it was determined that the typographical error is a minor-nonsubstantive error and that it would be difficult for anyone to misconstrue the area to be rezoned, now, therefore, be it RESOLVED, That the Common Council shall adopt this corrective Ordinance as follows: ORDINANCE NO. -- BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, New York, as follows: Section 1. The City of Ithaca Municipal Code, Section 325-5 entitled "Zoning Map" is hereby amended to add the following: "Section 325-5. Zoning Map. February 6, 2002 8 That an area generally bounded by the western boundary of Tax Parcel 83-6-2 and extending northward along the rear lot lines of properties facing on Linden Avenue to the northern boundary of Tax Parcel 67-2-6, then easterly across Linden Avenue and along the northern boundary of Tax Parcel 67.-3-22 to the eastern boundary of said parcel, then southward along that boundary and the rear lot lines of properties facing on Linden Avenue to the southern boundary of Tax Parcel 84-1-1, then across Mitchell Street to the beginning, is reclassified from the R-2b and R-3b districts to the R-1b district. (LOWER END OF LINDEN) That an area generally bounded by the southern boundaries of Tax Parcels 67-2-5 and 67-3-23, extending along the rear lot lines of properties facing Linden Avenue to Bool Street on the west side of Linden Avenue and, on the eastern side of Linden Street to the northern boundary of Tax Parcel 67-3-28, is reclassified from the R-3b district to the R-2b district. (LINDEN BUFFER) That the following Tax Parcels are reclassified from the R- 2b district to the R-1b district, 68-7-9, 68-7-10, 68-7-11, 68-8- 1, 68-8-2, 68-8-3, and 68-8-4. (ORCHARD PLACE) That the following Tax Parcels are reclassified from the R- 3a district to the R2-b district, 68-7-1, 68-7-2, 68-7-3, 68-7-4, 68-7-5, 68-7-6, 68-7-7, 68-7-8, 68-7-12, and 68-7-13. (NORTH OF ORCHARD PLACE TO COOK ST) That Tax Parcels 67-4-1, 67-4-2, 67-4-3, and 67-4-9 are reclassified from the R-2a district to the R-1b district. (BRYANT TRIANGLE) That the following Tax Parcels are reclassified from the B- 2a district to the B2-d district, 63-1-5, 63-1-6, 63-8-1, 63-8- 22, 63-8-23, 63-8-24, 63-10-3, 63-10-4, 63-10-5. (WILLIAMS & STEWART) That the following Tax Parcels are reclassified from the B- 2b district to the B-2d district, 63-8-11, 63-8-12, 63-8-13, and 63-8-14. (400 BLOCK WEST SIDE OF EDDY ST) Section 2. Effective Date This Ordinance shall take effect immediately in accordance with law upon publication of a notice as provided in the Ithaca City Charter. Carried Unanimously NEIGHBORHOOD & COMMUNITY ISSUES COMMITTEE 9.1 Adoption of an Addendum to the Ithaca Bicycle Plan - Lead Agency By Alderperson Pryor: Seconded by Alderperson Cogan 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 February 6, 2002 9 which has primary responsibility for approving and funding or carrying out the action, and WHEREAS, the proposed Addendum to the Ithaca Bicycle Plan is an "Unlisted" Action pursuant to the City of Ithaca Environmental Review Ordinance and the New York State Environmental Quality Review Act, 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 for the Addendum to the Ithaca Bicycle Plan. Alderperson Pryor explained the process followed regarding the proposed legislation. A vote on the resolution resulted as follows: Carried Unanimously 9.2 Adoption of an Addendum to the Ithaca Bicycle Plan - Negative Declaration of Significant Environmental Impact By Alderperson Pryor: Seconded by Alderperson Peterson WHEREAS, a proposed Addendum to the Ithaca Bicycle Plan is being considered by Common Council, and WHEREAS, appropriate environmental review has been conducted, and WHEREAS, the proposed action is an "unlisted" action under the State Environmental Quality Review Act, and is an "unlisted" 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, hereby does determine that the proposed action at issue will not have a significant effect on the environment, and that further environmental review 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 9.3 Adoption of an Addendum to the Ithaca Bicycle Plan - Resolution By Alderperson Pryor: Seconded by Alderperson Vaughan WHEREAS, the Ithaca Bicycle Plan was amended to the City's Comprehensive Plan in October of 1998, and WHEREAS, the City of Ithaca has received comments, dated March 11, 1998 from the New York State Department of Transportation (NYSDoT) regarding the Ithaca Bicycle Plan, and WHEREAS, the Department of Planning and Development responded to those comments in a letter dated September 24, 1998, and February 6, 2002 10 WHEREAS, NYSDoT staff have verbally stated that the City's responses must be included in the body of the Bicycle Plan itself before grant monies will be released for implementation, and WHEREAS, the Neighborhood and Community Issues Committee considered an Addendum to the Bicycle Plan that included those comments at their October 10, 2001 meeting, and WHEREAS, the Neighborhood and Community Issues Committee approved the Addendum with amendments at their December 12, 2001 meeting, and WHEREAS, these changes to the Bicycle Plan are minor in nature and do not change the overall goals and objectives of the plan, and WHEREAS, the appropriate environmental review has been conducted and a declaration of no significant environmental impact has been made by Common Council, as the Lead Agency, and WHEREAS, members of Common Council are in favor of the attached Addendum to the March 1998 Ithaca Bicycle Plan as approved by the Neighborhood and Community Issues Committee at their December 12, 2001 meeting; now, therefore, be it RESOLVED, That the City of Ithaca Common Council hereby adopts the aforementioned Addendum to the March 1998 Ithaca Bicycle Plan as an amendment to the City of Ithaca’s Comprehensive Plan, and be it RESOLVED, That future printings or copies of the Ithaca Bicycle Plan shall include this addendum. An Addendum to the March 1997 Ithaca Bicycle Plan The Neighborhood and Community Issues Committee recommends this second addendum to the Ithaca Bicycle Plan in accordance with the requests of the New York State Department of Transportation (NYSDoT). The purpose of this addendum is to explicitly acknowledge comments raised by the NYSDoT, as detailed in a letter from A. S. Vetter, NYSDoT Regional Planning and Program Manager, dated March 11, 1998. This letter, in regard to Ithaca Bicycle Plan Comments, was responded to by H. Matthys Van Cort, Director of Planning and Development for the City of Ithaca, in a letter dated September 24, 1998. The Committee understands that NYSDoT will not fully approve the Plan until their comments, as addressed in Mr. Van Cort's letter and modified at the October 10, 2001 Neighborhood and Community Issues Committee meeting, have been included in the Plan itself; hence, this addendum. Amendments to the March 1997 Ithaca Bicycle Plan 1. "Denver arrows" will not be used to demarcate hybrid lanes on New York State highways. Instead, when stencils are called for, symbols specified by the Manual of Uniform Traffic Control Devices will be used. 2. "Stenciled shoulders," as called for in the Plan, are not meant to indicate a prohibition against use of the shoulder by motor vehicles. Rather, the stencils provide markings to encourage and direct cyclists to use part of the pavement that February 6, 2002 11 is not ordinarily used by motor vehicles. As with the previous item, acceptable markings and signage would be used. February 6, 2002 12 3. Some safety concerns were raised about the potential mixing of car, truck, and bicycle traffic on narrow streets. The City of Ithaca recognizes and shares the NYSDoT's concerns for safety. Throughout the implementation process, the City will pay special attention to safety issues. 4. The Plan proposes a limited number of bikeway segments on which bicyclists would ride against traffic. NYSDoT stated that the proposed treatment on Cascadilla Street to allow bicycles to ride against traffic in the south lane is not acceptable and that bicyclists should not be encouraged to ride against traffic if a feasible alternate route exists. The City of Ithaca agrees with NYSDoT and will look for alternatives to contraflow lanes. The City will not create bike lanes against the flow of traffic on streets designated in the bike plan. 5. The impact of the Plan's proposals for on-street parking is a topic that has been the object of local debate from the outset. The issue is being addressed through the mechanism of public meetings at each stage of plan preparation and review. This process has contributed to Plan revisions and modifications throughout the period of its preparation. With respect to parking impacts, the results have been changes to proposed routes, and much reduced loss or relocation of parking spaces. Comment received at these meetings, and through other mechanisms, is regularly evaluated and made available to the Planning Board, Board of Public Works, and Common Council, for their use in making recommendations and decisions on the ultimate disposition of the Plan. Public comment received at these public sessions has been incorporated into the Plan as appropriate. Carried Unanimously PLANNING & ECONOMIC DEVELOPMENT COMMITTEE: 10.1 An Ordinance to Amend Chapter 325 of the City Ithaca Municipal Code Entitled “Zoning” to Change the Zoning Designation of Certain Areas of the City from B-4 to CBD-60 A. Designation of Lead Agency: By Alderperson Manos: 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 WHEREAS, the proposed rezoning is a Type 1 Action pursuant to the City of Ithaca Environmental Review Ordinance and the New York State Environmental Quality Review Act, 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 for the proposed rezoning of parcel # 69.-6-13. February 6, 2002 13 Alderperson Manos explained the process followed pertaining to the proposed legislation. Carried Unanimously B. Declaration of No Environmental Significance: By Alderperson Manos: Seconded by Alderperson Pryor WHEREAS, the City of Ithaca is proposing a zoning amendment, which would change the zoning designation of City of Ithaca Tax Parcel #69.-6-13 parcel from B-4 to CBD-60, and WHEREAS, appropriate environmental review has been conducted including the preparation of a Full Environmental Assessment Form (FEAF), and WHEREAS, the proposed action is a Type I Action under the City Environmental Quality Review Act (CEQR Sec. 176-12B), and WHEREAS, the Conservation Advisory Council for the City of Ithaca (CAC) has reviewed and commented on the proposed rezoning, and WHEREAS, the City has long planned on developing this area for multi-use commercial and residential purposes, and WHEREAS, the Common Council for the City of Ithaca, acting as Lead Agency, has reviewed the FEAF Part I, Part II, and Part III dated January 29, 2002, for the stated area of the proposed zoning change, prepared by City of Ithaca Planning Staff for the City of Ithaca as applicant, and supplemental information, and has determined that the proposed action will not have a significant effect on the environment; now, therefore, be it RESOLVED, That this Common Council, as lead agency in this matter, hereby adopts as its own, the findings and conclusions more fully set forth on the Full Environmental Assessment Form Parts I, II, and III, and be it further RESOLVED, That this Common Council, as lead agency, hereby determines that the proposed action at issue will not have a significant negative impact on the environment, and that further environmental review is unnecessary, and, be it further RESOLVED, That this resolution constitutes notice of this negative declaration and that the City Clerk is hereby directed to file a copy of the same, together with any attachments, in the City Clerk’s Office, and forward the same to any other parties as required by law. Alderperson Whitmore questioned the potential impact on the East Hill Historic District regarding height of buildings and the view shed. Economic and Development Director McDonald stated that the property isn’t in the historic district. The ILPC doesn’t have jurisdiction over the zoning change. Motion to Table: By Alderperson Whitmore: Seconded by Alderperson Cogan RESOLVED, That this item be tabled pending further discussion with the Planning & Development Director. Carried Unanimously February 6, 2002 14 Motion to Remove from Table By Alderperson Vaughan: Seconded by Alderperson Pryor RESOLVED, That this item be removed from the table. Carried Unanimously Main Motion A vote on the Main Motion resulted as follows: Carried Unanimously C. Adoption of Ordinance: By Alderperson Manos: Seconded by Alderperson Whitmore ORDINANCE NO. _______________ BE IT ORDAINED AND ENACTED by Common Council of the City of Ithaca that Chapter 325, Section 325-4 of the Municipal Code of the City of Ithaca be amended to change the zoning designation of parcel # 69.-6-13 from B-4 to CBD-60 Section 1. Declaration of the Legislative Findings and Purpose The Common Council finds that this Ordinance: 1. Will extend the adjacent CBD-60 zoning designation east along the southern side of East State Street. 2. Will allow a taller maximum building height on the amended parcels, and promote multi-use residential, office, and retail development. 3. Will guide development to be more consistent with the urban context of Ithaca’s central business district. Section 2. Chapter 325, Section 325-5 of the Municipal Code of the City of Ithaca is hereby amended to change the zoning designation of parcel # 69.-6-13 from B-4 to CBD-60. See the attached map to view the area of the proposed zoning change. Alderperson Peterson questioned the fact that the CBD 60 district does not have design guidelines. Planning and Development Director VanCort explained that there are only a few districts that have design guidelines associated with them and the only district that has formally adopted guidelines is in the Southwest area of the City. Alderperson Blumenthal stated her support for the project. She commended the developer and the landscape architect for making the suggested changes, and stated that the list they provided was very informative. She further thanked them for responding to concerns expressed by Council members, and the advisory boards. Alderperson Manos commended both the neighbors and developers for committing to work together as the project develops. A vote on the Ordinance resulted as follows: Carried Unanimously February 6, 2002 15 BUDGET & ADMINISTRATION COMMITTEE 11.1 Youth Bureau – Request to Approve Recreation Partnership Terms of Agreement By Alderperson Vaughan: Seconded by Alderperson RESOLVED, That the Mayor be authorized to enter into an agreement with the Towns of Caroline, Danby, Dryden, Enfield, Groton, Ithaca, Newfield and Ulysses, the Village of Lansing and Tompkins County for the term beginning January 1, 2001 and continuing indefinitely for the Intermunicipal Cooperative Recreation Partnership Agreement. Alderperson Vaughan stated that late this afternoon she was informed that the Town of Ithaca had come up with changes in wording which is different from what Common Council has. Although the changes are very minor, they are also different from what was passed by the County earlier this week. She suggested that this item be withdrawn from the agenda, and approval be deferred until March 2002. 11.2 IURA – Authorization of the Guarantee by the City of Ithaca of the Payment of the Principal of and Interest on Certain Indebtedness of the Ithaca Urban Renewal Agency By Alderperson Vaughan: Seconded by Alderperson Manos RESOLUTION DATED FEBRUARY 6, 2002. A RESOLUTION AUTHORIZING THE GUARANTEE BY THE CITY OF ITHACA, TOMPKINS COUNTY, NEW YORK, OF THE PAYMENT OF THE PRINCIPAL OF AND INTEREST ON CERTAIN INDEBTEDNESS OF THE ITHACA URBAN RENEWAL AGENCY AND APPROVING THE FORM AND SUBSTANCE OF A GUARANTEE, AND PROVIDING FOR OTHER MATTERS IN CONNECTION THEREWITH RELATING THERETO. WHEREAS, the Ithaca Urban Renewal Agency (the “Agency”) proposes to issue its revenue bonds and notes (the “Obligations”) to finance the cost of the Neighborhood Initiative Program proposed to be undertaken by the Agency within the Ithaca Community Development/Urban Renewal Project Urban Renewal Area in the City of Ithaca (the “City”), including certain costs of issuance thereof and other costs and expenses (the “Initiative”); and WHEREAS, pursuant to Section 503-a of the General Municipal Law, the City is authorized to guarantee the principal of and interest on indebtedness contracted by the Agency; and WHEREAS, the City, pursuant to Article 8 of the Environmental Conservation Law and the regulations promulgated thereunder by the State Department of Environmental Conservation (“SEQRA”), declared itself “lead agency” for the Initiative, determined that the Initiative, including the issuance of the Obligations to pay costs thereof, is an “Unlisted Action” and that the implementation and funding of the Initiative, as proposed, will not have any significant environmental effects upon the environment; and WHEREAS, the Common Council is desirous of authorizing the guarantee by the City of the principal of and interest on the Obligations of the Agency to be contracted, from time to time, for the Initiative; now, therefore, be it RESOLVED, By the Common Council of the City of Ithaca, Tompkins County, New York, as follows: February 6, 2002 16 Section 1. The guarantee by the City of the principal of and interest on the Obligations of the Agency to be issued, from time to time, for the Initiative, as more fully described in the preambles hereof, is hereby authorized; provided, however, the maximum amount of such guarantee shall not exceed in the aggregate sum of the amount authorized by Section 4, Article XVIII of the State Constitution (the “Guarantee”). Section 2. The Guarantee shall be evidenced by the execution and delivery by the City Controller of a Guarantee substantially in the form presented to this meeting and annexed hereto as Exhibit A. The form and substance of the Guarantee are hereby approved. The Guarantee shall apply whether the Obligations of the Agency are issued and sold as bonds or notes, including renewal notes or bonds issued to renew notes and whether such Obligations are issued and sold upon such terms and conditions that interest payable thereon shall be includable or excludable in the computation of gross income of the owners thereof for purposes of federal income taxation. In the event that the Obligations of the Agency are refunded, the Guarantee may also apply to the payment of the principal of and interest on any refunding obligations of the Agency. Section 3. The City Controller is hereby authorized, for and in the name of and on behalf of the City, to execute and deliver the Guarantee, in substantially the form thereof presented to this meeting. Section 4. The City Controller, and all other officers, employees and agents of the City, are hereby authorized and directed, for and in the name and on behalf of the City, to do all acts and things required or provided for by the provisions of the Guarantee and to execute and deliver all such additional certificates, instruments and documents, pay all such fees, charges and expenses and to do all such further acts and things as may be necessary, or in the opinion of the officer, employee or agent acting, desirable and proper to effect the purposes of the resolution and to cause compliance by the City with all of the terms, convenants and provisions of the Guarantee binding upon the City. Section 5. This resolution shall take effect immediately. Alderperson Vaughan explained that this resolution allows the City to make the housing initiatives a reality. She further explained that this legislation was drafted by the City’s Bond Counsel and is not subject to amendment without delaying the vote until the next meeting. Alderperson Sams questioned the possibility of duplication of services between the Ithaca Urban Renewal Agency, Mutual Housing Association, and Ithaca Neighborhood Housing Services. Community Development Planner Kittel stated that the IURA coordinates very closely with the Planning Department, INHS and MHA. February 6, 2002 17 A Roll call vote resulted as follows: Alderperson Pryor – Aye Alderperson Hershey - Aye Alderperson Manos – Aye Alderperson Cogan - Aye Alderperson Whitmore – Aye Alderperson Peterson - Aye Alderperson Vaughan – Aye Alderperson Mack - Aye Alderperson Blumenthal – Aye Alderperson Sams - Aye Carried Unanimously HUMAN RESOURCES COMMITTEE: 12.1 Building Department – Request to Reassign Deputy Building Commissioner Position By Alderperson Peterson: Seconded by Alderperson Cogan WHEREAS, the City of Ithaca and the Executive Association signed a Memorandum of Understanding dated January 22, 2002 removing the Deputy Building Commissioner position from the Executive Unit Compensation Plan to the Managerial Compensation Plan, and WHEREAS, this change more accurately reflects the duties and responsibilities of the Deputy Building Commissioner; now therefore be it RESOLVED, That the Deputy Building Commissioner be assigned to the Managerial Compensation Plan at a salary grade 4. Carried Unanimously 12.2 Building Department – Request to Adjust Salary - Deputy Building Commissioner By Alderperson Peterson: Seconded by Alderperson Sams WHEREAS, Mike Niechwiadowicz had served as the Acting Deputy Building Commissioner from June 8, 2000 to December 6, 2001 and WHEREAS, Mike Niechwizdowicz was appointed Deputy Building Commissioner on December 7, 2001 and WHEREAS, at the time of his appointment the Deputy Building Commissioner position was assigned to the Executive Unit Compensation Plan which limited the salary increase for a promotion, and WHEREAS, if this position were properly assigned to the Managerial Compensation Plan at the time of the appointment, a salary increase would have been recommended; now therefore be it RESOLVED, That Common Council authorizes a salary increase for Mike Niechwiadowicz from $57,289 to $60,857 and be it further RESOLVED, That $3,568 be moved from restricted contingency account A1990 to account A3620-5105 to cover the additional expense. Carried Unanimously 12.3 Department of Public Works (Streets & Facilities) – Request to Amend the Personnel Roster By Alderperson Peterson: Seconded by Alderperson Manos WHEREAS, Common Council adopted the 2002 Streets and Facilities budget that included upgrades for four (4) positions to allow the department to better meet future needs, now therefore be it RESOLVED, That Common Council hereby amends the Department of Public Works, Streets & Facilities personnel roster as follows: February 6, 2002 18 Delete: Four (4) Truck Drivers (FT) Two (2) in the Highway Division Two (2) in Parks and Forestry Add: One (1) Motor Equipment Operator - FT (Highway Division) Three (3) Maintainers One (1) in the Highway Division Two (2) in Parks and Forestry Be it further, RESOLVED, That the funds for the upgrades be derived from the department 2002 budget. Carried Unanimously 12.4 Unacceptable Behaviors Procedure - Report Alderperson Peterson reported that City Staff has been discussing ways in which to promote a positive, safe, and secure environment for interactions between staff and the public. The City encourages an open and welcoming business atmosphere, so it is necessary to develop a consistent and fair protocol for dealing with occasional disruptive behavior; whether it’s on the telephone or face-to-face interactions. Training will be made available starting in March. Four sessions are scheduled for the telephone protocol and in the future there will be additional training on protocols for dealing face-to-face with a distressed individual. The goal is to train staff to react positively to those kinds of interactions, and in a helpful way with win-win results for both the staff and the individuals. Mayor Cohen noted that the Human Resources Committee felt that it was important for Alderperson Peterson to make this report specifically at a televised meeting because we want the community to understand that the people that work for the City are human beings and they should be treated with respect. It’s important that staff be given empowerment to address situations where they’re not treated with respect. Staff would be trained to notify the individual that they are acting disrespectfully and would then go through a process of dialog, and terminate that dialog if necessary after the person has been given due notice. It is important for members of the community to understand the message that we, as elected officials, stand behind our employees and will not allow them to be subjected to abuse from members of the public. Alderperson Peterson stressed that this protocol needs to be consistent across the varied city departments so that the employees feel secure in how they’re dealing with those situations. NEW BUSINESS: 13.1 Request of Ithaca Downtown Partnership to Permit Wine Hard Cider Tasting and Sale of Bottled Wine and Hard Cider at Various Events on The Commons in 2002 By Alderperson Pryor: Seconded by Alderperson Hershey RESOLVED, That the Ithaca Downtown Partnership shall be authorized to arrange for the sale of wine and hard cider and to permit tasting of wines and hard cider at booths during various events taking place on the Ithaca Commons throughout 2002; and, be it further February 6, 2002 19 RESOLVED, That the Ithaca Downtown Partnership and participating wineries shall comply with all applicable state and local laws and ordinances, and shall enter into an agreement providing that it will hold the City harmless and indemnify the City on account of any claims made as the result of the sale or tasting of wine and hard cider on the Ithaca Commons, and, be it further RESOLVED, That the Ithaca Downtown Partnership or the participating winery or cider company shall agree to maintain liability insurance in the amount of $500,000.00 and Dram Shop Act coverage in the minimum amount of $500,000.00, and shall provide notification of each event, and evidence of such insurance to the City Clerk. Alderperson Manos stated that she was not comfortable with this legislation as it is written. She stated that she does not believe in giving blanket permission for multiple events. City Clerk Holcomb stated that she drafted this resolution as an attempt to simplify the permit approval process as opposed to bringing each event application to Council individually. All of the events have been approved by Common Council in the past. A vote on the resolution resulted as follows: Carried Unanimously 13.2 Sciencenter Wall of Inspiration By Alderperson Blumenthal: Seconded by Alderperson Cogan WHEREAS, as part of its expansion project, the Sciencenter is installing a permanent exhibit in the museum’s new Community Room which will contain a series of 28” plaques about individuals who have made a major contribution to society through science, mathematics, or engineering, and WHEREAS, the City’s generous contribution to the Sciencenter qualifies Common Council to select an individual for this Wall of Inspiration, and WHEREAS, Common Council balanced the following criteria for its nomination: the scientist’s contribution to science and society, a connection to the local community, a person of color, and a woman, and WHEREAS, Cayuga Women were responsible for the planting, cultivating and harvesting of crops. Through their work, they made a significant contribution to the development of scientific agricultural methods. The Three Sisters Hill System was a productive and stable crop production system that did not use inorganic fertilizers, pesticides or tillage. Today agronomists recognize that it incorporated scientific principles for managing soils and crops in the northeast environment in a way that protected the natural resource base. In addition, Cayuga Women developed and maintained a wide array of corn varieties, indicating a sophisticated understanding of plant breeding principles. Those corn varieties were later used in breeding programs to develop the modern corn hybrids planted by New York farmers today; now, therefore, be it RESOLVED, That Common Council recommends that the Cayuga Women be forwarded to the Sciencenter as the City’s selection for the Wall of Inspiration. Carried Unanimously February 6, 2002 20 13.3 Election of Acting Mayor Mayor Cohen opened the floor to nominations for the position of Acting Mayor. Alderperson Hershey nominated Alderperson Manos for the position of Acting Mayor. Alderperson Cogan nominated Alderperson Blumenthal for position of Acting Mayor. Mayor Cohen stated that the City Attorney has instructed him that when there is a contested election, a roll call vote needs to be taken. Alderperson Manos - Manos Alderperson Pryor - Manos Alderperson Sams – Blumenthal Alderperson Mack - Manos Alderperson Whitmore – Blumenthal Alderperson Vaughan - Manos Alderperson Blumenthal – Blumenthal Alderperson Hershey - Manos Alderperson Peterson – Blumenthal Alderperson Cogan-Blumenthal 5-5 Tie Mayor Cohen cast a vote for Alderperson Manos and broke the tie. Resolution RESOLVED, That Alderperson Manos be elected as Acting Mayor for a term to expire December 31, 2002. Carried Election of Alternate Acting Mayor Mayor Cohen opened the floor to nominations for the position of Alternate Acting Mayor. Alderperson Hershey nominated Alderperson Pryor for the position of Alternate Acting Mayor. Alderperson Cogan nominated Alderperson Blumenthal for the position of Alternate Acting Mayor. Alderperson Cogan - Blumenthal Alderperson Pryor - Pryor Alderperson Sams – Blumenthal Alderperson Vaughan - Pryor Alderperson Whitmore – Blumenthal Alderperson Hershey - Pryor Alderperson Blumenthal – Blumenthal Alderperson Mack - Blumenthal Alderperson Peterson – Blumenthal Alderperson Manos - Pryor 6-4 Resolution RESOLVED, That Alderperson Blumenthal be elected as Alternate Acting Mayor for a term to expire December 31, 2002. Carried Mayor Cohen congratulated Alderpersons Manos and Blumenthal on their elections. Appointment of City Representatives to TCAT Board By Alderperson Manos: Seconded by Alderperson Cogan RESOLVED, That Alderperson Whitmore and Tracy Farrell be appointed to fill the vacant City Representative positions on the Board of Directors of TCAT (The Tompkins Consolidated Area Transit) February 6, 2002 21 Ayes (9), Pryor, Sams, Blumenthal, Mack, Manos, Whitmore, Vaughan, Peterson, Cogan Nays (0) Abstention (1) Hershey Carried MINUTES: 16.1 Approval of December 5, 2001 Common Council Meeting minutes By Alderperson Mack: Seconded by Alderperson Manos RESOLVED, That the minutes of December 5, 2001 Common Council meeting be approved with corrections made by Alderperson Blumenthal. Carried Unanimously 16.2 Approval of December 12, 2001 Continuation of Common Council Meeting minutes of 12/5/01 By Alderperson Mack: Seconded by Alderperson Manos RESOLVED, That the minutes of December 12, 2001 Continuation of Common Council meeting minutes of December 5, 2001 be approved as published. Carried Unanimously 16.3 Approval of December 12, 2001 Special Common Council Meeting Minutes By Alderperson Mack: Seconded by Alderperson Pryor RESOLVED, That the minutes of December 12, 2001 Special Common Council meeting be approved as published. Ayes (9) Manos, Blumenthal, Mack, Hershey, Sams, Pryor, Peterson, Cogan, Whitmore Nayes (0) Abstention (1) Vaughan Carried 16.4 Approval of December 19, 2001 Special Common Council Meeting Minutes By Alderperson Mack: Seconded by Alderperson Pryor RESOLVED, That the minutes of December 19, 2001 Special Common Council meeting be approved with corrections made by Alderperson Pryor. Carried Unanimously 16.5 Approval of January 1, 2002 Special Common Council Meeting Minutes By Alderperson Peterson: Seconded by Alderperson Whitmore RESOLVED, That the minutes of January 1, 2002 Special Common Council meeting be approved as published. Carried Unanimously 16.6 Approval of January 2, 2002 Common council Meeting Minutes By Alderperson Mack: Seconded by Alderperson Cogan RESOLVED, That the minutes of January 2, 2002 Common Council meeting be approved as published. Ayes (9) Hershey, Manos, Blumenthal, Pryor, Sams Peterson, Whitmore, Vaughan, Mack Nayes (0) Abstention (1) Cogan Carried February 6, 2002 22 MAYOR’S APPOINTMENTS: Mayor Cohen stated that he will only put forth new appointments as resumes for re-appointments were not forwarded to Council for review. Board of Fire Commissioners By Mayor Cohen: Seconded by Alderperson Hershey RESOLVED, That Robin Korherr be appointed to the Board of Fire Commissioners to fill a vacancy with a term to expire June 30, 2004, and, be it further RESOLVED, That Jana Taylor be appointed to the Board of Fire Commissioners to fill a vacancy with a term to expire June 30, 2003. Extensive discussion followed on the floor regarding the appointment of city employees to various boards/committees. It was recommended that this item be referred to the Human Resources Committee for discussion. Mayor Cohen withdrew his nomination of Robin Korherr to the Board of Fire Commissioners. Board of Fire Commissioners By Mayor Cohen: Seconded by Alderperson Hershey RESOLVED, That Jana Taylor be appointed to the Board of Fire Commissioners to fill a vacancy with a term to expire June 30, 2003. Carried Unanimously Bicycle Pedestrian Advisory Committee By Mayor Cohen: Seconded by Alderperson Hershey RESOLVED, That Dwight Mengel be appointed to the Bicycle Pedestrian Advisory Committee to fill a vacancy with a term to expire December 31, 2003, and, be it further RESOLVED, That William Maxwell be appointed to the Bicycle Pedestrian Advisory Committee to replace Barton Smith with a term to expire December 31, 2003. Carried Unanimously Board of Public Works By Mayor Cohen: Seconded by Alderperson Hershey RESOLVED, That Gossa Tsegaye be appointed to the Board of Public Works with a term to expire December 31, 2004. Ayes (9) Pryor, Blumenthal, Mack, Manos, Whitmore, Vaughan, Peterson, Cogan Hershey Nays (1) Sams Abstentions (0) Carried Board of Zoning Appeals By Mayor Cohen: Seconded by Alderperson Manos RESOLVED, That James Marshall be appointed to fill a vacancy on the Board of Zoning Appeals with a term to expire December 31, 2002. Carried Unanimously February 6, 2002 23 Commons Advisory Board By Mayor Cohen: Seconded by Alderperson Hershey RESOLVED, That Beverly Apgar, Jevon Garrett, Heather McDaniel be appointed to the Commons Advisory Board to fill vacancies with terms to expire December 31, 2003. Carried Unanimously Community Police Board By Mayor Cohen: Seconded by Alderperson Manos RESOLVED, That Ron Passmore be appointed to the Community Police Board to fill a vacancy with a term to expire December 31, 2004. Carried Unanimously Conservation Advisory Committee By Mayor Cohen: Seconded by Alderperson Manos RESOLVED, That Jim Walker and Michael Bronstein be appointed to the Conservation Advisory Committee to fill vacancies with terms to expire December 31, 2003. Alderperson Cogan stated that he talked to Michael Culotta, Chair of the Conservation Advisory Committee, who stated that he was not familiar with the appointments being made. Alderperson Cogan suggested that in the future, the Chair of the board should be notified of new appointments being planned. A vote on the Resolution resulted as follows: Carried Unanimously Housing Board of Review By Mayor Cohen: Seconded by Alderperson Manos RESOLVED, That Annemarie Zwack be appointed to the Housing Board of Review to fill a vacancy with a term to expire December 31, 2004. Carried Unanimously Examining Board of Plumbers By Mayor Cohen: Seconded by Alderperson Whitmore RESOLVED, That Karl Brenzo be appointed to the Examining Board of Plumbers to fill a vacancy with a term to expire December 31, 2004. Carried Unanimously Public Art & Design Committee By Mayor Cohen: Seconded by Alderperson Blumenthal RESOLVED, That Leslie Carrere and Terry Plater be appointed to the Public Art & Design Committee to fill vacancies with terms to expire June 30, 2004, and, be it further RESOLVED, that Alan Nemcek and Barbara Mink be appointed to the Public Art & Design Committee to fill a vacancies with terms to expire June 30, 2003. Carried Unanimously Shade Tree Advisory Committee By Mayor Cohen: Seconded by Alderperson Whitmore RESOLVED, That Judith Maxwell be appointed to the Shade Tree Advisory Committee to replace Mary Ellen Rossiter with a term to expire December 31, 2002, and, be it further February 6, 2002 24 RESOLVED, That James Blackburn be appointed to the Shade Tree Advisory Committee to replace Samuel Demas with a term to expire December 31, 2003. Carried Unanimously Youth Bureau Advisory Board By Mayor Cohen: Seconded by Alderperson Mack RESOLVED, That Joan Spielholz be appointed to the Youth Bureau Advisory Board to fill a vacancy with a term to expire December 31, 2004, and, be it further RESOLVED, That Cheryl Reidell be appointed to the Youth Bureau Advisory Board to fill a vacancy with a term to expire December 31, 2002. Carried Unanimously REPORT OF CITY BOARDS, COMMISSIONS, AND COMMITTEES: Larry Roberts, Chair of Disability Advisory Council, submitted a written report that was approved by the Advisory Council. The Disability Advisory Council took it upon itself to the Advisory Council and have been very successful. Their focus has been on accessible parking, which is the new term for handicap parking. They are studying the adequacy of the accessible parking that the city provides, and are also engaged in an ongoing public awareness campaign regarding accessible parking. The Advisory Council has prepared a segment on Pegasys about the basics of accessible parking, and the Ithaca Police Department performed an enforcement weekend last November, where they paid particular attention to accessible parking violations. One of the Advisory Council’s roles is to advise and make recommendations to Common Council. The Disability Advisory Council is working on drafting updates to City Ordinances, most notably the Human Rights Ordinances and other ordinances that have relevance to people with disabilities. Alderperson Pryor commended Mr. Roberts for his persistence and efforts in re-vitalizing the Disability Advisory Council. The Committee has become active again, and she attributes that to Larry’s leadership as Chair. Mayor Cohen concurred with Alderperson Pryor’s comments. Mr. Roberts stated that they will be submitting additional names for appointment to the Disability Advisory Council as there are a few of vacancies. He stated that the Advisory Council intends to get as many people as they can to participate. He invited Common Council to attend their committee meetings which are held on the first Wednesday of the month at noon in Council Chambers. COMMUNICATIONS FROM COMMON COUNCIL: Alderperson Sams announced that Marcia Fort, GIAC Director, is the winner of the Harriet Tubman Humanitarian Award. She voiced her congratulations to Marcia who is an extremely worthy award recipient. REPORT OF THE CITY CONTROLLER: City Controller Cafferillo reported on the City’s status in obtaining a waiver from the State for sales tax on clothing and footwear that is scheduled to go into effect on March 1, 2002. City Controller Cafferillo stated that he was not aware that the City had to enact additional legislation by the end of January, February 6, 2002 25 2001. He attempted to obtain an extension, but there is not one available. City merchants will need to charge 1.5% sales tax until the waiver is obtained. Tompkins County successfully received a sales tax exemption. Extensive discussion followed on the floor regarding how the City should proceed with this matter. REPORT OF THE CITY ATTORNEY: City Attorney Schwab reported that Judge Mulvey issued a ruling today in relation to the arguments that took place February 1, 2002, regarding whether or not there is a stay in effect, which would preclude the City from issuing a building permit to Widewaters to begin site development work. Judge Mulvey held that there is no stay in effect and that the City may go ahead and issue the building permit. COMMUNICATIONS FROM THE MAYOR: Mayor Cohen stated that he is waiting for additional information to include in the State of the City address. He stated that he will distribute the address to Council and publish it in the Ithaca Journal. ADJOURNMENT: On a motion the meeting adjourned at 9:00 P.M. ________________________ _______________________ Julie Conley Holcomb, CMC Alan J. Cohen, City Clerk Mayor