HomeMy WebLinkAboutMN-CC-2002-04-03
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COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 7:00 p.m. April 3, 2002
PRESENT:
Acting Mayor Manos
Alderpersons (8) Pryor, Blumenthal, Mack, 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
Deputy Director of Planning and Development – Cornish
Economic Development Director - McDonald
Superintendent of Public Works – Gray
City Chamberlain – Parsons
Human Resources Director – Michell-Nunn
Community Development Director - Bohn
Fire Chief – Wilbur
EXCUSED:
Alderperson Sams
PLEDGE OF ALLEGIANCE:
Acting Mayor Manos led all present in the Pledge of Allegiance to
the American flag.
ADDITIONS TO OR DELETIONS FROM THE AGENDA:
Budget and Administration Committee
Alderperson Vaughan reported that Item 9.4 City Chamberlain –
Authorization to Extend Redemption Period – Resolution has been
withdrawn from the agenda and replaced with a report.
Alderperson Vaughan further requested that Item 9.5 City
Chamberlain – Approve Waiver of Penalty on Taxes – Resolution,
and Item 9.6 City Chamberlain – Approve Waiver of penalty on
Taxes – Resolution, be added to the Consent Agenda.
No Council member objected.
New Business
Acting Mayor Manos requested the addition of Item 13.3 Simeon’s
Alcohol Permit Request – Resolution, and Item 13.4 Viva
Tacqueria’s Alcohol Permit – Resolution, be added to the agenda
under New Business.
No Council member objected.
COMMUNICATIONS/PROCLAMATIONS
Acting Mayor Manos proclaimed the month of April 2002 as Child
Abuse Prevention and Sexual Assault Awareness Month in the City of
Ithaca.
Acting Mayor Manos proclaimed the week of April 7-13, 2002 as the
Week of the Young Child.
April 3, 2002
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SPECIAL ORDER OF BUSINESS:
5.1 Donation of Sculpture to the City - Resolution
By Alderperson Blumenthal: Seconded by Alderperson Hershey
WHEREAS, Corinne Stern, Ethan Stern, Joe Cassaniti, and Karen
Zeiders have expressed their desire to donate to the City of
Ithaca a steel sculpture entitled “Merge” for display within the
City; and
WHEREAS, the artist, Ethan Stern, was chosen to display his
sculpture in the 2001 Downtown Ithaca’s Outdoor Public Sculpture
Exhibition, and
WHEREAS, Corinne Stern, Ethan Stern, Joe Cassaniti, and Karen
Zeiders would like to honor Robert Stern, the artist’s father,
with this donation of art, and
WHEREAS, Corinne Stern, Ethan Stern, Joe Cassaniti, and Karen
Zeiders have verbally agreed to pay for the installation of the
sculpture including a concrete base and a commemorative plaque,
and
WHEREAS, the Public Art and Design Commission discussed the gift
of the sculpture at its March 7, 2002 meeting and recommend
acceptance of the sculpture, and
WHEREAS, the Common Council's Planning and Economic
Development Committee also considered and discussed the gift of
the sculpture at its March 20, 2002 meeting and recommend
acceptance of the sculpture, and
WHEREAS, the City of Ithaca desires to accept the steel
sculpture; now, therefore, be it
RESOLVED, That the City of Ithaca is pleased to accept the
sculpture entitled “Merge”, and, be it further
RESOLVED, That Common Council directs the City Attorney’s office
to draft an agreement between Corinne Stern, Ethan Stern, Joe
Cassaniti, Karen Zeiders and the City of Ithaca waiving any and
all rights the Artist may have under the Federal Visual Artists
Rights Act and any similar or other Federal and/or State law and
setting forth the rights and responsibilities of Corinne Stern,
Ethan Stern, Joe Cassaniti, Karen Zeiders and the City of Ithaca
with regards to the sculpture donation and the City of Ithaca's
acceptance of the sculpture, and, be it further
RESOLVED, That the Mayor is authorized to sign an Agreement
between Corinne Stern, Ethan Stern, Joe Cassaniti, and Karen
Zeiders and the City of Ithaca as referenced above.
Carried Unanimously
Joe Cassaniti, Karen Zeiders, and Corinne Stern addressed Council
regarding the efforts undertaken to raise money to donate
sculpture to City in memory of Robert Stern.
Acting Mayor Manos thanked the Stern family on behalf of the City
of Ithaca for their generous donation.
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Alderperson Blumenthal voiced her thanks the Stern family for
their donation. She noted how appropriate it was for the City to
receive and display a piece of art from native Ithacan, and
artist Ethan Stern.
Motion to Open the Public Hearing to Consider the Proposed City of
Ithaca FY 2002 Small Cities Community Development Block Grant
(CDBG) Application
By Alderperson Hershey: Seconded by Alderperson Pryor
RESOLVED, That the Public Hearing to Consider the Proposed City
of Ithaca FY 2002 Small Cities Community Development Block Grant
(CDBG) Application be declared open.
Carried Unanimously
The following people addressed Council in support of the CDBG
Application and its potential impact on the Northside
neighborhood:
George Geislein
Bonnie Blanding-May
Motion to Close the Public Hearing to Consider the Proposed City
of Ithaca FY 2002 Small Cities Community Development Block Grant
(CDBG) Application
By Alderperson Hershey: Seconded by Alderperson Pryor
RESOLVED, That the Public Hearing to consider the proposed City
of Ithaca FY 2002 Small Cities Community Development Block Grant
(CDBG) Application be declared closed.
Carried Unanimously
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
Richard Strassburg, Town of Ithaca, addressed Council in support
of the Records Management Resolution.
Joel Harlan, Town of Dryden, spoke on various development issues.
Guy Gerard, City of Ithaca, addressed Council regarding the
Festival Lands in relation to the Dog Park.
Patsy Reuning, Village of Lansing, spoke about the Dog Park and
the proposed fencing.
Fay Gougakis, City of Ithaca, distributed information packets to
Council regarding jet skis. She further voiced concern regarding
the HUD audit, the Boatyard Grill financing and the Mayor’s role
in these issues.
David Johnson and Jack Clayborne, City of Ithaca, addressed
concerns regarding the 500 block of University Avenue including
street cleaning, excessive ticketing, road conditions, vehicle
speed and littering.
RESPONSE TO THE PUBLIC:
Alderperson Pryor thanked Mr. Gerard and Ms. Reuning for
addressing their concerns regarding the dog park. She stated that
she and Alderperson Cogan are currently working with dog owners
and representatives from New York State Parks. She further noted
that a fence would not be erected at this time.
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Alderperson Hershey thanked Mr. Gerard for the information packet
regarding the dog park. He stated that the comments made
regarding University Avenue should be forwarded to the Board of
Public Works for consideration.
Alderperson Cogan offered to assist Mr. Johnson and Mr. Clayborne
navigate through the government process to get their concerns
regarding University Avenue addressed. He also addressed
concerns regarding the dog park, and identified problems in City
neighborhoods with dog barking and waste clean up.
Alderperson Blumenthal addressed concerns regarding the
University Avenue parking problems. She further stated that she
is very uncomfortable with name calling, and off color language
that Mr. Harlan uses. She stated that it is highly inappropriate
for Common Council Chambers and requested that he refrain from
this in the future.
Alderperson Peterson addressed comments made about University
Avenue and the construction of a Cornell parking lot later this
spring.
CONSENT AGENDA:
City Chamberlain – Approve Waiver of Penalty on Taxes
By Alderperson Vaughan: Seconded by Alderperson Mack
WHEREAS, the owner of 310 Richard Place has submitted evidence
that the payment of City First Installment and Tompkins County
taxes on her property was lost in the mail; now, therefore, be it
RESOLVED, That pursuant to the guidelines set forth by Common
Council on June 6, 2001, the penalty on the 2002 City First
Installment and Tompkins County Taxes be waived by the City
Chamberlain.
Carried Unanimously
City Chamberlain – Approve Waiver of Penalty on Taxes
By Alderperson Vaughan: Seconded by Alderperson Mack
WHEREAS, the owner of 106 Westfield Drive has submitted evidence
that the payment of City First Installment taxes was mailed out
late and to the incorrect address by the Chamberlain’s Office;
now, therefore, be it
RESOLVED, That pursuant to the guidelines set forth by Common
Council on June 6, 2001, the penalty on the 2002 City First
Installment Taxes be waived by the City Chamberlain.
Carried Unanimously
BUDGET & ADMINISTRATION COMMITTEE
Fire Department – Approval of 2002-2006 City of Ithaca/Town of
Ithaca Fire Contract
By Alderperson Vaughan: Seconded by Alderperson Peterson
WHEREAS, a committee comprised of representatives of Common
Council, City Staff, and members of the Town Board have been
meeting for two years, in the interest of negotiating a new Fire
Protection contract for a five-year period commencing January 1,
2002, and
WHEREAS, the Town of Ithaca, after the City passed the City/Town
Fire Contract at its March 6, 2002 regular Common Council meeting,
made some substantive wording changes, and
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WHEREAS, the negotiating committee has put forth a recommended
contract for the five-year period 2002 through 2006; now,
therefore, be it
RESOLVED, That the Mayor be hereby authorized to execute said
agreement as approved and recommended by the negotiating
committee, subject to Ithaca Town Board approval.
Alderperson Vaughan stated that Alderperson Blumenthal has
proposed a variety of changes to Section 12 of the Agreement
entitled: Contributions from Tax Exempt Entities. She stated
that the Resolution was moved with these changes.
Alderperson Blumenthal explained that contributions for fire
services rendered to tax exempt entities are critical given the
stressed financial state of the City. To date, no progress has
been made in discussions with Ithaca College for a monetary
contribution. She stated that her proposed amendments are
intended to formalize the responsibilities of both the Town of
Ithaca and the City to engage in joint discussions with Cornell
University and Ithaca College in the interest of deriving a
contribution directly related to the fire services provided to
those institutions.
Fire Chief Wilbur stated that the proposed language has not been
discussed during negotiations with the Town of Ithaca. He further
stated that Ithaca College does provide a variety of in kind
contributions to the Ithaca Fire Department.
City Attorney Schwab noted that the Town of Ithaca would be taking
the agreement to the Town Board for ratification on April 8, 2002.
She stated that Town Supervisor Valentino and Town Attorney Barney
agreed that the Town’s proposed change to Item 5a was a
substantive change, but the others were not substantive. The
changes being considered this evening are also substantive
changes. City Attorney Schwab further explained that by Town
Law, the Town of Ithaca would have to hold a public hearing on the
consideration of this contract prior to their vote.
Further discussion followed on the floor regarding the disposition
of the Cornell University contribution in the City’s budget. City
Controller Cafferillo stated that pursuant to the current
agreement, the Cornell contribution is placed in the general fund.
The contribution is incorporated into the calculation to determine
what percentage the Town of Ithaca pays for fire services.
Extensive discussion followed on the floor regarding the proposed
language regarding joint discussions with Cornell University and
Ithaca College.
Amending Resolution
By Alderperson Mack: Seconded by Alderperson Hershey
RESOLVED, That page 12, section 12 of the City-Town of Ithaca Fire
Contract read as follows:
12. Contributions from Tax Exempt Entities. The City agrees to
share the total cash contribution made by Cornell University and
Ithaca College for fire protection and emergency medical services
on the basis of the percentage share of operating expenditures
paid each of this agreement. Any amounts received from University
as per the Memorandum of Understanding (MOU) dated 10/05/95
between the City and Cornell University or other subsequent
agreement, or Ithaca College in the future shall be applied in
April 3, 2002
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reduction of the Fire Department’s operating budget.
Additionally, elected representatives from the City and the Town
agree to meet regularly to continue joint discussions with Cornell
University and Ithaca College in the interest of deriving a
contribution, be it monetary, in kind, or a combination thereof,
in a direct relation to the fire services provided to those
institutions. It shall be the responsibility of the elected
representatives to report the results of the discussions to their
respective governing bodies.
It is also understood that any in kind contributions from tax
exempt entities will accrue to the direct benefit of the cost of
operating from protection services (i.e., said amounts should be
used to reduce the operating budget for purposes of calculating
the costs of the parties), without any apportionment between the
Town and the City.
Carried Unanimously
City Controller Cafferillo clarified that the payments from the
Town of Ithaca and a portion of the contract with Cornell are
designated to offset the cost of fire protection. The fire budget
is approximately five million dollars. The Town contract is
approximately 1.8 million dollars, the portion of the Cornell
contract is approximately $375,000 this year. The cost of
providing fire protection is well in excess of outside
contributions.
Main Motion as Amended:
A Vote on the Main Motion as Amended resulted as follows:
Carried Unanimously
9.2 DPW – Request to Establish Capital Project for Emergency
Boiler Repair
By Alderperson Vaughan: Seconded by Alderperson Whitmore
WHEREAS, the heating system boiler at the Ithaca Police
Department (IPD) failed on March 22, 2002, and
WHEREAS, the IPD building is currently operating without a central
heating system, and
WHEREAS, the boiler has been inspected by City staff and a local
plumbing and heating contractor and found the boiler in disrepair,
and
WHEREAS, the City has received a quote to remove, replace and
install a new boiler at a cost of $32,500 with additional costs
needed for contingency and financing, and
WHEREAS, City staff and the Superintendent of Public Works have
declared this an emergency purchase as heat is needed as soon as
possible to the Police Department to maintain its 24-hour building
operation; now, therefore, be it
RESOLVED, That Common Council hereby declares the boiler failure
at the Ithaca Police Department a Public Emergency pursuant to
General Municipal Law 103, and be it further
RESOLVED, Such an emergency declaration allows for the contract to
install a new boiler to be let without competitive bidding, and be
it further
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RESOLVED, That Capital Project #459 IPD Boiler Replacement is
hereby established in an amount not to exceed $35,000, including
financing and contingency for said purpose, and be it further
RESOLVED, That Donohue Halverson of Ithaca be awarded the contract
for the IPD boiler replacement at a cost not to exceed $32,500,
and be it further
RESOLVED, That funds for said project shall be advanced from the
General Fund and later repaid by the issuance of Serial Bonds.
Carried Unanimously
9.3 Common Council – Funds for Marketing City Clothing & Footwear
Businesses
By Alderperson Vaughan: Seconded by Alderperson Whitmore
WHEREAS, due to communication problems between New York State
Taxation and Finance and the City of Ithaca, the City’s 1.5% sales
tax on clothing and footwear less than $110 was not repealed when
this tax was eliminated in other parts of the County on March 1,
2002, and
WHEREAS, the City, through the State Legislature, has requested
and expects to receive approval to repeal the said sales tax
percentage on June 1, 2002, and
WHEREAS, the City did not budget for sales tax revenue after March
1, 2002 as it relates to clothing and footwear less than $110, and
WHEREAS, the City could expect to collect an additional $40,000 in
sales tax revenue on sales of clothing and footwear for the
quarter March – May, 2002, and
WHEREAS, the City of Ithaca, Chamber of Commerce, and the Ithaca
Downtown Partnership (IDP) are proposing that $20,000 of the
unanticipated sales tax revenue be used to assist the 33 City of
Ithaca businesses affected by the delay in sales tax repeal, and
WHEREAS, the proposal will include a marketing strategy as
follows:
- Increase awareness in this market of City
clothing/footwear stores
- Inform the public about the number of different City
stores
- Inform the public about the range of prices and
merchandise
- Four different media will be used to create a powerful
package intended to reach the Ithaca region marketplace
during April – June
- The strategy will be coordinated, developed and
designed by the IDP staff
- Expected outcomes include; 10% increase in sales over
the same period 2001 and increased awareness in the
Ithaca marketplace of City clothing and footwear stores
now, therefore, be it
RESOLVED, That Common Council hereby approves the marketing
strategy developed by the IDP to promote City clothing and
footwear businesses affected by the delay in sales tax repeal, and
be it further
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RESOLVED, That Common Council hereby authorizes the transfer of an
amount not to exceed $20,000 from account A1990 Unrestricted
Contingency to A6995-5435 IDP Contracts for the purpose of said
marketing strategy.
Alderperson Hershey stated that he would support this legislation,
but wanted to reiterate his feeling that the County was unwise to
opt into the sales tax reduction, effectively transferring the tax
burden away from sales tax, some of which is paid for by visitors
to the county, and back to property taxes. He stated that he
realizes the City has to opt-in if the County does in order for
the merchants to remain competitive, but he believes it is short-
sighted on the County’s behalf in light of their sudden fiscal
plight.
Alderperson Pryor stated that she supports the marketing strategy,
but questioned the financial impact to the City if the State does
not pass the legislation. She asked how long it would be after
the quarter, that Council would have the information to determine
whether or not this proposal has been effective.
Ithaca Downtown Partnership Executive Director Gary Ferguson
stated that this program was developed with the assistance of the
Tompkins County Chamber of Commerce. He further stated that he
would work with several businesses that have agreed to share sales
data with him. Data collected from these businesses will help the
Partnership determine the effectiveness of this program. He
further stated that twenty-eight of the stores are downtown, but
there are a total of thirty-three stores included in this
strategy.
Alderperson Peterson questioned what the marketing program would
look like. She voiced her aversion to billboards.
Mr. Ferguson stated that he would distribute information to
Council at a later date as all of the details are not complete at
this point. He further stated that they would only do billboards
if they could get good ones.
City Controller Cafferillo stated that the Senate passed the
legislation last week, and the Assembly is expected to vote on it
on April 8, 2002. As soon as the Governor signs the legislation,
Common Council will need to call a Special meeting to re-enact the
legislation previously adopted by Council. The adopted
legislation must be postmarked to the New York State Taxation and
Finance Office by April 15, 2002.
Alderperson Whitmore asked if businesses have been made aware of
the implementation of this campaign. Mr. Ferguson stated that
most businesses have some knowledge this proposal, but they would
be formally notified upon Council’s approval.
Acting Mayor Manos stated that she does not support this
Resolution because she doesn’t think it will make that much of a
difference. She clarified that this equates to 1.5% on clothing
and footwear less than $110. She further stated that the City is
in a tight financial situation, and she is going to start looking
for places where the City could save money.
Alderperson Mack stated that he is skeptical about allocating
$20,000 in a time where the City is looking aggressively for
places to reduce funding.
April 3, 2002
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A vote on the Resolution resulted as follows:
Ayes: (8) Pryor, Blumenthal, Mack, Whitmore, Vaughan
Peterson, Cogan, Hershey
Nays: (1) Manos
Carried
9.4 City Chamberlain – Authorization to Extend Redemption Period
Alderperson Vaughan stated that this resolution has been withdrawn
from the agenda, and replaced with a report from City Chamberlain
Parsons.
City Chamberlain Parsons reported that Assistant City Attorney
Dunn recommended that this resolution be withdrawn from the agenda
due to the legal definition of redemption and redemption period,
and the requirements under which the City would actually allow
someone to pay their taxes between now and the auction date. She
stated that it is her intention to allow people whose property is
on this foreclosure list to pay their taxes with the appropriate
interest and fees up until the day before the auction, which is
May 10, 2002.
City Chamberlain Parsons stated that the City is in a process of
foreclosing on the City’s tax delinquent properties. One of the
final steps is to file a notice of foreclosure with the court and
the City is required to give notice to the property owners and
anyone who has an interest in the property. That notice indicates
a period after which they can no longer redeem their property,
that date was March 15, 2002. She explained that this date is
established by the NYS Real Property Tax Law, and is based on the
timing of the City’s filing of the papers and legal advertisement.
The law states that it can happen however many months from the
lien date, but the Law fixes the date.
City Chamberlain Parsons further explained that there would always
be a period of time between the expiration of the redemption
period and the auctioning of the property due to the other
requirements that need to be followed. She stated that she wanted
to give Common Council an opportunity to direct her to do
otherwise if it was their will.
9.7 Common Council – Oppose Governor’s Proposed Increase in the
Local Government Records Management Improvement Fund
By Alderperson Vaughan: Seconded by Alderperson Hershey
WHEREAS, the Governor has proposed to remove certain offices
overseeing Cultural Education from the New York State Education
Department, incorporating these in an entirely new Institute for
Cultural Education, and
WHEREAS, in order to fund this Institute; including the State
Archives, State Library, State Museum and State Office for Public
Broadcasting, New York State will need to raise millions of
dollars in capital investment and plans to do this by quadrupling
the present five dollars collected by all County Clerks and the
Registrar of the City of New York on all recorded, indexed and
entered documents to twenty dollars, effective July 1, 2002, and
WHEREAS, the Local Government Records Management Improvement Fund
was created in 1989 to support grants and technical assistance to
local governments to improve and enhance the management of their
records and information, and
April 3, 2002
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WHEREAS, said fee increase would provide no improvement in service
for the taxpayers paying the fee, nor any additional benefits to
the local governments that must collect said fee increase, and
WHEREAS, no demonstrated benefit has been identified in the
relocation of these functions to the proposed Institute, in
contrast to the highly effective and beneficial relationship that
local governments now enjoy with the New York State Education
Department; now, therefore, be it
RESOLVED, That the City of Ithaca Common Council stands firmly
opposed to this proposal, and be it further
RESOLVED, That a copy of this resolution be delivered to the
Governor, the New York State Legislature and all others deemed
necessary and proper, and we urge them to likewise oppose this
proposal.
Alderperson Cogan asked if the City collects any of these fees.
City Clerk Holcomb stated that these fees are collected by County
Clerks, as they are fees collected with mortgages and property
transaction papers. She further stated that the City has
benefited greatly from grant funds received from the LGRMIF. She
stated that she has written for, and received nearly $200,000
worth of records management grant funds, and many of the City’s
records management initiatives are a result of that funding. City
Clerk Holcomb further stated that the City continues to have great
needs, and she expects to submit another grant application in
2003. She explained the amount of assistance her office receives
from the SARA representatives, and the SARA sponsored training
courses her staff takes advantage of. She thanked Common Council
for bringing this initiative forward.
Acting Mayor Manos reported that the County passed a similar
resolution about two weeks ago.
A vote on the Resolution resulted as follows:
Carried Unanimously
9.8 City Controller – Approve 2001 Allocation from Health
Insurance Reserve
By Alderperson Vaughan: Seconded by Alderperson Cogan
WHEREAS, the City’s overall health insurance costs have been
increasing at least 15 percent annually for the past three years,
and
WHEREAS, the City established a Health Insurance Reserve in 1989
to assist the City’s budget when health insurance costs exceeded
budget estimates, and
WHEREAS, the current balance in the City’s Health Insurance
Reserve is $1,973,478, and
WHEREAS, the 2001 Health Insurance costs exceeded the 2001 budget
estimates by $369,257, and
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WHEREAS, the City’s 2001 Budget does not have the needed
flexibility to cover a $369,257 Health Insurance budget overage;
now, therefore, be it
RESOLVED, That Common Council hereby authorizes the Controller’s
Office to amend the 2001 budget for all Funds by an amount not to
exceed $369,257, which will be allocated from the Health Insurance
Reserve established for said purpose, and be it further
RESOLVED, That the Controller’s Office shall make all appropriate
accounting adjustments to reflect the Health Insurance Reserve
allocation as follows:
General Fund $316,006
Solid Waste Fund 1,005
Water Fund 21,184
Sewer Fund 17,403
Joint Activity Fund 13,659
Alderperson Cogan stated that he supports this resolution, however
he worries about how long the reserve will last with rising health
care costs.
Alderperson Vaughan stated that health care costs equal
approximately 10% of total budget.
City Controller Cafferillo stated that the State de-regulated
health care and costs have been escalating as a result.
A vote on the Resolution resulted as follows:
Carried Unanimously
RECESS:
Common Council recessed at 9:00 p.m.
RECONVENE:
Common Council reconvened into Regular Session at 9:15 p.m.
HUMAN RESOURCES COMMITTEE
10.1 Chamberlain’s Office – Request to Amend Personnel Roster
By Alderperson Peterson: Seconded by Alderperson Hershey
WHEREAS, the Chamberlain’s Office has been asked by the Mayor to
extend its office hours to better meet the needs of the public,
and
WHEREAS, all Customer Service Representative positions are
thirty-five hour positions with a work schedule of 8:30 a.m. –
4:30 p.m., and
WHEREAS, extending one Customer Service Representative position
to forty hours would enable the office to remain open with
adequate staffing in addition to the Chamberlain, now therefore
be it
RESOLVED, that Common Council hereby amends the 2002
Chamberlain’s Office personnel roster as follows:
Delete: One (1) Full-Time Customer Service Representative
(35 hrs)
Add: One (1) Full-Time Customer Service Representative
(40 hrs)
April 3, 2002
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and be it further
RESOLVED, that the funding for 2002 be derived from the existing
budget.
City Chamberlain Parsons explained that her office would be
extending hours on Thursday evenings to 6:30 p.m. She stated
that she will prepare public service announcements to announce
the change to the public, and it time mailings will be adjusted
to reflect the change in hours as well.
A vote on the Resolution resulted as follows:
Carried Unanimously
10.2 City Attorney’s Office – Request to Amend Personnel Roster
By Alderperson Peterson: Seconded by Alderperson Mack
WHEREAS, the Assistant City Attorney informed the City Attorney
that she intended to leave her position with the City on or about
May 10, 2002 because she no longer desires to work full-time, and
WHEREAS, the City Attorney believes that this provides for an
excellent opportunity to better meet the needs of the City and to
retain a valued employee if two part-time positions were created,
and
WHEREAS, the City Attorney asserts that two part-time Assistant
City Attorneys would afford a broader range of expertise, enable
the City to attract local talent that would otherwise not be
inclined to give up their private practice and allow the City to
retain a highly valued employee, now therefore be it
RESOLVED, that Common Council hereby amends the 2002 Attorney’s
Office personnel roster as follows:
Delete: One (1) Full-Time Assistant City Attorney
(40 hrs)
Add: Two (2) Part-Time Assistant City Attorneys
(not to exceed a total of 40 hours)
Alderperson Hershey stated that he opposed this at committee, as
he believes it is being done to accommodate one employee. He
further stated that the City worked hard to get these positions
where they are.
Alderperson Mack voiced his support for this Resolution, and re-
iterated the committee discussion.
Alderperson Peterson explained that this is change in staffing is
not employee specific. The flexibility this provides is valuable
to the office and offers new opportunities.
Alderperson Whitmore stated that he believes this change would
optimize capabilities of the Department.
April 3, 2002
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Attorney Schwab stated that the health insurance cost involved is
$7,656 for family coverage per year and $3,800 for individual
coverage per year.
A vote on the Resolution resulted as follows:
Ayes (8): Pryor, Blumenthal, Mack, Manos, Whitmore, Vaughan
Peterson, Cogan
Nays (1) Hershey
Carried
10.3 Amendment to Personnel Roster - DPW (Water and Sewer)
By Alderperson Peterson: Seconded by Alderperson Whitmore
WHEREAS, the Wastewater Treatment Plant is facing a staff
shortage due to the vacancy in the Chief Wastewater Treatment
Plant Operator position and the pending retirement of a
Wastewater Treatment Plant Operator, and
WHEREAS, the Department of Public Works would like to fill the
upcoming Wastewater Treatment Plant Operator position in advance
of the actual retirement to allow for training and a smooth
transition; now, therefore, be it
RESOLVED, That the Personnel Roster of the Water and Sewer
Division of the Department of Public Works be amended by adding
one (1) position of Wastewater Treatment Plant Operator Trainee,
and, be it further
RESOLVED, That upon the retirement of a current Wastewater
Treatment Plant Operator, the position vacated through retirement
shall be abolished effective on the employee's retirement date
and,
be it further
RESOLVED, That funding shall be derived from the existing
department budget for this additional position.
Carried Unanimously
10.4 Request to Amend 2001 City Retirement Incentive Program
By Alderperson Peterson: Seconded by Alderperson Cogan
WHEREAS, on November 7, 2001, the City enacted an Employee
Retirement Incentive Program, and
WHEREAS, the State of New York has not yet enacted a State
Retirement Incentive Program for 2002, and
WHEREAS, certain employees eligible for the City Retirement
Incentive Program are not interested in waiting for the State
program to be enacted for 2002, and
WHEREAS, several dates and time periods established in the City
Retirement Incentive Program have passed; now, therefore, be it
RESOLVED, That the City’s Retirement Incentive Program be amended
as follows:
CITY RETIREMENT INCENTIVE PROGRAM
A. For those employees who are members of the N. Y. State
Retirement System, Tier 1, 75I with at least 10 years of
April 3, 2002
14
service in the retirement system, and have reached age 55 or
older by November 1, 2001:
The City would agree to pay an amount equal to 30% of their
projected 2002 salary, as a regular salary increase from
November 19, 2001 to their established retirement date.
That established retirement can not extend beyond March 29,
2002 or a later date, which the Director of Human Resources,
in her/his discretion, may determine. Each employee within
this group must select a date between December 28, 2001 and
March 29, 2002 or a later date, which the Director of Human
Resources, in her/his discretion, may determine. They would
have to agree in writing to voluntarily notify the State
Retirement System in writing of their intent to retire, and
be actually retired and off the payroll by March 29, 2002 or
a later date, which the Director of Human Resources, in
her/his discretion, may determine. The employee must also
sign an agreement to pay back all of the salary increase if
he/she does not, in fact, retire and is not off the payroll
by March 29, 2002 or a later date, which the Director of
Human Resources, in her/his discretion, may determine. The
salary increase of 30% shall be paid as regular salary on an
hourly basis for that established period of time.
B. For those employees who are members of the N. Y. State
Retirement System, Tier 1, 75I, with at least 10 years of
service in the retirement system, and will attain age 55
during 2002:
The City would agree to pay an amount equal to 30% of their
projected 2002 salary, as a regular salary increase from
November 19, 2001 to a date not later than 30 days beyond
their 55th birthday or a later date, which the Director of
Human Resources, in her/his discretion, may determine. They
would have to agree in writing to voluntarily notify the
State Retirement System in writing of their intent to
retire, and actually retire and be off the payroll by 30
days beyond their 55th birthday, or a later date, which the
Director of Human Resources, in her/his discretion, may
determine. The employee must also sign an agreement to pay
back all of the salary increase if he/she does not, in fact,
retire and is not off the payroll by the established
departure date, not more than 30 days beyond their 55th
birthday, or a later date, which the Director of Human
Resources, in her/his discretion, may determine. The salary
increase of 30% shall be paid as regular salary on an hourly
basis for that established period of time.
C. For those employees who are members of the N. Y. State
Retirement System, Tier 2, 75I, and will attain at least age
55 and 30 years of service in the retirement system during
the year 2002:
The City would agree to pay an amount equal to 30% of their
projected 2002 salary, as a regular salary increase from
November 19, 2001, to a date not later that 30 days beyond
the date they attain 30 years with the Retirement System, or
a later date, which the Director of Human Resources, in
her/his discretion, may determine. They would be asked to
agree in writing to voluntarily notify the State Retirement
System in writing of their intent to retire and actually be
retired and off the payroll by that date. The employee must
April 3, 2002
15
also sign an agreement to pay back all of the salary
increase if he/she does not, in fact, retire and is not off
the payroll by the established date, not more than 30 days
beyond the date they attain 30 years with the Retirement
System, or a later date, which the Director of Human
Resources, in her/his discretion, may determine. The salary
increase of 30% shall be paid as regular salary on an hourly
basis for that established period of time.
In addition, the City would agree to enact by resolution
Section 41J of the Retirement Law, which would allow up to
165 days of sick leave, not paid in cash, to be used in the
employee’s retirement calculation. The 165 sick days could
still be used for the payment of Health Insurance during
retirement.
The employee’s accumulated vacation, compensatory time and
any sick leave buyouts shall be calculated by using the 2002
projected hourly rate, without the 30% incentive salary
increases having been added.
The employee expressly waives his/her right to any other New
York State or City of Ithaca Retirement Incentive Program.
Terms of Participation:
1. This Agreement is executed subject to final approval by the
Human Resources Committee of the City of Ithaca and the City
Common Council.
2. The City agrees to pay the employee an amount equal to 30%
of the employee’s projected 2002 salary, as a regular salary
increase from November 19, 2001 to: (a) March 29, 2002, or a
later date, which the Director of Human Resources, in
her/his discretion, may determine; (b) no more than 30 days
beyond the employee’s 55th birthday, or a later date, which
the Director of Human Resources, in her/his discretion, may
determine; or (c) no later than 30 days beyond the date that
the employee would attain 30 years in the New York State
Retirement System, or a later date, which the Director of
Human Resources, in her/his discretion, may determine,
whichever is applicable.
3. The employee agrees to notify, in writing, the State
Retirement System of the employee’s intent to retire, and
the employee must, in fact, retire and be off the City
payroll by: (a) March 29, 2002, or a later date, which the
Director of Human Resources, in her/his discretion, may
determine; (b) no more than 30 days beyond the employee’s
55th birthday, or a later date, which the Director of Human
Resources, in her/his discretion, may determine; or (c) no
later than 30 days beyond the date that the employee would
attain 30 years in the New York State Retirement System, or
a later date, which the Director of Human Resources, in
her/his discretion, may determine, whichever is applicable.
4. The employee agrees to pay back to the City all of the 30%
salary increase if the employee does not, in fact, retire
and is not off the payroll by the established date in (a),
(b) or (c) above, whichever is applicable.
April 3, 2002
16
5. The salary increase of 30% shall be paid as regular salary
on an hourly basis for the period of time from November 19,
2001 to the employee’s established retirement date of: (a),
(b) or (c) above, whichever is applicable.
6. The City has enacted by resolution Section 41-J of the
Retirement Law, which would allow up to 165 days of sick
leave, if not paid in cash, to be used in the employee’s
retirement calculation. Those 165 sick days could still be
used for the payment of health insurance during retirement,
as set forth in the relevant Collective Bargaining Agreement
or Managerial Compensation Benefit Package.
7. The employee’s accumulated vacation, compensatory time and
any sick leave buy-out shall be calculated by using the
employee’s 2002 projected hourly rate, without the 30%
incentive salary increases being added in.
8. The employee understands that pursuant to New York State
retirement guidelines, the 30% salary increase will most
likely not be included in the employee’s final average
salary calculation.
9. The employee expressly waives his/her right to participate
in any other New York State or City of Ithaca retirement
incentive program.
10. The employee may apply his/her 30% incentive of ($), which
is equivalent to (hrs.), to his/her sick leave bank at the
time of his/her retirement to purchase health insurance
during retirement.
and be it further
RESOLVED, That the amendments to the City Retirement Incentive
Program shall be subject to corresponding amendments to the
Memorandum of Understanding with the CSEA DPW Unit, CSEA
Administrative Unit and the Executive Unit relative to the terms
and condition of the City’s Retirement Incentive Program.
*Underlined language in A, B, C (except 4th paragraph), #2, and
#3 is new.
Motion to Table
By Alderperson Whitmore: Seconded by Alderperson Hershey
RESOLVED, That this Resolution be tabled pending language
revisions.
Carried Unanimously
Motion to Remove from Table:
By Alderperson Peterson: Seconded by Alderperson Cogan
RESOLVED, That this Resolution be removed from the table.
Carried Unanimously
Amending Resolution
By Alderperson Pryor: Seconded by Alderperson Whitmore
RESOLVED, That additional Resolved clauses be added to the
Resolution to read as follows:
“RESOLVED, That if the City adopts and offers the New York State
Retirement Incentive Program during any year, the City Incentive
April 3, 2002
17
Program would then not be offered from that date, through the end
of that year, and, be it further
RESOLVED, That this City Retirement Incentive Program is only
valid for the years 2002, 2003, and 2004.”
Carried Unanimously
Main Motion as Amended
A vote on the Main Motion as Amended resulted as follows:
Carried Unanimously
10.5 Smoking Policy - Resolution
By Alderperson Peterson: Seconded by Alderperson Blumenthal
WHEREAS, Pursuant to Section 1399-o(6) of the New York State
Public Health Law (also called the “Clean Indoor Air Act), every
employer is required to adopt and implement a written smoking
policy, and
WHEREAS Smoking in public buildings in the City of Ithaca is
regulated by both the State Clean Indoor Air Act, as well the
City’s Smoking Ordinance, Chapter 280 of the City of Ithaca
Municipal Code, be it hereby
RESOLVED that the Common Council hereby adopts a Smoking Policy
as follows:
SMOKING POLICY IN CITY WORK SITES
1. Smoking shall be prohibited in all City meeting rooms,
offices, and other facilities where the public routinely
conducts business.
2. Smoking shall be prohibited in commonly used work areas,
including but not limited to auditoriums, classrooms,
conference rooms, meeting rooms, elevators, hallways, mail
rooms, supply rooms, recreation rooms, restrooms, employee
medical facilities, and rooms or areas containing
photocopying or other equipment used by employees in common.
3. Smoking shall be prohibited in all indoor arenas, enclosed
stadiums, and all other enclosed athletic facilities.
4. Smoking shall be prohibited in police vehicles and/or other
city vehicles while being used to transport members of the
public.
5. This smoking policy shall operate in addition to the
provisions of Article 13-E of the Public Health Law
governing smoking in the work place.
6. No employee shall be penalized or discriminated against in
any way for stating his/her preference for working in a
smoke-free area and no employee shall be penalized or
discriminated against in any way for seeking full compliance
with the City’s Smoking Ordinance in that employee’s
workplace.
THIS SMOKING POLICY SHALL BE POSTED PROMINENTLY IN ALL CITY WORK
SITES AND A WRITTEN COPY SHALL BE PROVIDED UPON REQUEST TO ANY
EXISTING OR PROSPECTIVE EMPLOYEE.
[Adopted by Common Council on April 3, 2002.]
April 3, 2002
18
Discussion followed on the floor regarding amending the existing
smoking legislation.
A vote on the Resolution resulted as follows:
Carried Unanimously
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE
Proposed FY 2002 Small Cities Community Development Block
Grant (CDBG) Application – Resolution
By Alderperson Hershey: Seconded by Alderperson Pryor
WHEREAS, on January 8, 2002 the Governor’s Office for Small
Cities announced the availability of funding for the Housing,
Public Facilities, MicroEnterprise and Comprehensive FY 2002
Annual Round of the New York State administered Small Cities
Community Development Block Grant (CDBG) Program, and
WHEREAS, the application authorizes the City of Ithaca to apply
for a grant of up to $750,000 through the “Comprehensive”
category, and
WHEREAS, a “Comprehensive” application is intended to address a
substantial portion of the community development needs of a
defined area through two or more coordinated activities in the
areas of housing, public facilities, economic development and
public services, and
WHEREAS, each activity within the CDBG grant application must
meet one of the national objectives for (1) benefit to low- and
moderate-income persons, (2) elimination of slums or blighting
conditions, or (3) meeting community needs having a particular
urgency, and
WHEREAS, the City recognizes the need to support efforts to
promote neighborhood revitalization through provision of quality,
affordable housing, creation of employment opportunities,
improvement of public facilities and increased public services
that principally benefit Ithaca’s low- and moderate-income
population and the elimination of blighting conditions, and
WHEREAS, the CDBG grant application is due on April 12, 2002, and
WHEREAS, the Ithaca Urban Renewal Agency (IURA) solicited funding
proposals on January 22, 2002 from citizens, for-profit and not-
for-profit organizations and received 19 proposals, and
WHEREAS, the IURA worked in close cooperation with the Steering
Committee of the Northside Neighborhood Planning Initiative to
select activities to be included in the grant application, and
WHEREAS, in compliance with the Citizen Participation Plan, the
IURA convened two Community Input meetings on January 15, 2002
and January 29, 2002, and a held public hearing on February 28,
2002 to gain public input on the formulation of the application,
and
WHEREAS, the IURA evaluated the proposals submitted and
considered alternative activities in the context of community
development needs and the grant rating criteria at meetings held
on February 28th, March 7th, March 14thth, and
April 3, 2002
19
WHEREAS, at their March 14, 2002 meeting, the IURA recommended
that the Common Council approve the following Small Cities CDBG
application, now, therefore, be it
RESOLVED, that the Common Council hereby authorizes and directs
the IURA to submit a $750,000 Comprehensive FY 2002 Small Cities
CDBG application to include the following budgeted activities:
Northside Triangle Neighborhood Comprehensive
$195,000 Rt. 13/3rd Street Intersection Safety Improvements
$210,000 MHATC Scattered Site Northside Expansion
$200,000 INHS In-Fill New Construction Housing
$10,000 Sciencenter Community Meeting Room Divider
$25,000 Franklin Street Redevelopment Plan
$20,000 Northside Youth Artisans Program
$90,000 Administration
$750,000 TOTAL
and be it, further
RESOLVED, that should the IURA determine that any of the above
activities encounter feasibility issues that would hinder their
timely completion or affect their impact scoring, the Common
Council authorizes the IURA to make adjustments in the application
to resolve feasibility and rating concerns, and be it further,
RESOLVED, that should the application be approved, then the Common
Council hereby agrees to commit $10,000 in matching funding for
the Franklin Street Redevelopment Plan activity, and
RESOLVED, that the Common Council authorizes the IURA to
administer and implement all CDBG activities in accordance with
applicable regulations, including, but not limited to, Title 24,
Section 570 of the Code of Federal Regulations, and be it
further,
RESOLVED, that the Mayor, upon the advise of the City Attorney
and the Executive Director of the IURA, is hereby authorized to
execute any and all documents for the submission of this
application, acceptance of funding and implementation of the
program.
Alderperson Whitmore stated that there is a $10,000 request for
funding for the Sciencenter included in the grant application.
He disclosed that he is employed at the Sciencenter, as the Youth
Alive Coordinator. He has discussed this matter with the City
Attorney and she has advised him that no legal conflict exists
and therefore, he will be voting on this resolution.
Alderperson Whitmore further applauded the efforts of Nels Bohn,
Tim Logue, Leslie Chatterton and in particular the Northside
neighborhood in pulling together a solid grant application that
will revitalize the Northside. He stated that we would like to
see this type communication and initiative in other neighborhoods
throughout the City.
Alderperson Pryor stated that she strongly supports this proposal
as well. The Northside Neighborhood Initiative Committee has
regularly reported to the Neighborhood & Community Issues
Committee and it has been a true pleasure to hear how well that
process has worked through the planning stages to get to where it
is tonight. She further asked where the $10,000 in matching
funds would be coming from.
April 3, 2002
20
Community Development Director Bohn stated that a suggestion was
made at the Planning & Economic Development Committee meeting for
it to be encumbered from the unrestricted contingency fund. If
the approval was awarded it could be changed from an encumbrance
to a capital project. Award notification is not expected to be
made until August, 2002. Another option would be to defray the
activity until January 1, 2003, and it could be included in the
2003 budget year.
Alderperson Hershey indicated that this is a long term issue, and
funding it for 2003 may be a very viable option.
Alderperson Blumenthal stated that she asked about the $10,000 at
the Planning Committee in terms of the study. She was concerned
that this might raise expectations that the City would be able to
respond quickly to making changes, when in fact it will cost a
couple million dollars to move the Department of Public Works.
She also suggested that this item be placed in the 2003 budget.
Amending Resolution
By Alderperson Blumenthal: Seconded by Alderperson Pryor
RESOLVED, That the third Resolved clause be amended to read as
follows:
“RESOLVED, That should the application be approved, Common Council
hereby agrees to commit $10,000 in matching funding, to be derived
from the FY 2003 budget, for the Franklin Street Redevelopment
Plan activity, and”
Carried Unanimously
Alderperson Blumenthal stated that the City generally applies for
comprehensive grants and has been very successful in obtaining
funding for housing, public facilities, public services and
economic development. She questioned how this application would
score in terms of economic development.
Community Development Director Bohn stated that the scoring
systems works in which the City selects four criteria out of nine
to score against and then the major scoring is based on how our
activities, and the impact of those activities, compare against
those four criteria. One of the criteria relates to economic
development, but that criteria was not written for this year.
The CDBG program has been modified as it relates to economic
development activities and we can apply for a separate
application for any individual economic development activity when
the feasibility issues have been addressed.
Main Motion as Amended
A vote on the Main Motion as Amended resulted as follows:
Carried Unanimously
12.2 Cell Tower Moratorium - Report
Alderperson Hershey stated that the Planning Committee authorized
the City Attorney’s office to move forward with a proposed
moratorium on the permitting and construction of new
telecommunication towers in the City.
Acting Mayor Manos stated that a local law has been laid on the
table, and it has to be on the table for ten (10) days before
Council can consider it.
April 3, 2002
21
Alderperson Blumenthal stated that she and the City Attorney have
spoken, and she thinks that it would be appropriate to have an
Advice of Counsel Session before this was discussed on the floor
of the meeting.
Motion to Table
By Alderperson Whitmore: Seconded by Alderperson Blumenthal
RESOLVED, That this discussion be tabled pending an Advice of
Council session.
Carried Unanimously
NEW BUSINESS:
Common Council Designation of Participants for the Police Chief
and Youth Bureau Director Search Committees:
Police Chief Search Participants for Search Committee
By Alderperson Whitmore: Seconded by Alderperson Mack
RESOLVED, That Alderpersons Peterson, Pryor and Manos be
nominated to serve on the Search Committee for the Police Chief
search.
Carried Unanimously
Youth Bureau Director Search Participants for Search Committee
By Alderperson Cogan: Seconded by Alderperson Peterson
RESOLVED, That Alderpersons Whitmore, Cogan and Hershey be
nominated to serve on the Search Committee for the Youth Bureau
Director search.
Carried Unanimously
Motion to Adjourn into Executive Session to Discuss Collective
Bargaining and Land Acquisition
By Alderperson Pryor: Seconded by Alderperson Hershey
RESOLVED, That Common Council adjourn into Executive Session to
discuss items pertaining to collective bargaining and land
acquisition.
Carried Unanimously
Alderperson Whitmore left the meeting at 11:30 p.m.
Alderperson Blumenthal left the meeting at 11:45 p.m.
RECONVENE:
Common Council reconvened into Regular Session with no formal
action taken during Executive Session.
A Resolution Designating Certain Parcels in the City of Ithaca
Urban Renewal Area for Acquisition by the Ithaca Urban Renewal
Agency
By Alderperson Hershey: Seconded by Alderperson Pryor
WHEREAS, Cornell University, working with Ciminelli Development
Company, Inc., of Buffalo, NY is desirous of locating a new
office building, retail, accommodation and meeting facilities
(the Project) in downtown Ithaca, and
WHEREAS, the City of Ithaca is supportive of a significant
presence by Cornell University, as well as other offices, retail,
accommodation and meeting facilities within the downtown area as
a means of furthering the economic redevelopment of the downtown
core, and
WHEREAS, after extensive study the site most preferred by the
developers for the Project is located on the north side of the
April 3, 2002
22
100 block of East Seneca Street and consists of five separate
parcels owned by three different owner entities, and
WHEREAS, the parcels proposed for the Project fall within the
Urban Renewal Area of the City of Ithaca as designated in the
City’s Urban Renewal Plan, and
WHEREAS, the City’s Urban Renewal Plan has among its Objectives
the “expansion and diversification of the economic base of the
community to provide the employment opportunities needed by its
residents and to strengthen its tax base,” and that the Project
is consistent with the Urban Renewal Plan, and
WHEREAS, the Plan states that “future acquisition of any property
in the Project Area will be designated by Common Council” and
further that “disposition or retention of project land” under the
Plan and pursuant to Common Council designation “for new private
and public uses in accordance with the provisions of the Plan” is
an approved Action, and
WHEREAS, it appears that the IURA, using its various land
acquisition and disposal powers as provided for under New York
State law may be able to facilitate the forward progress of the
Cornell/Ciminelli downtown project; now, therefore, be it
RESOLVED, That the Common Council of the City of Ithaca hereby
determines that the proposed project is consistent with the
Ithaca Urban Renewal Plan, and, be it further
RESOLVED, That Common Council hereby designates the project
parcels (specifically Parcels No. 61.5-5, 61.5-6, 61.5-10, 61.5-8
and 61.5-9) for acquisition and disposition by the Ithaca Urban
Renewal Agency in order to facilitate the development of the
proposed Cornell/Ciminelli downtown project using the powers
granted to the IURA under the Laws of New York State.
Alderperson Peterson stated that she would not vote for this
resolution as she felt too much information had been disseminated
at the last minute. She stated that she would like more time to
process information in the future.
Alderperson Cogan agreed with Alderperson Peterson, but stated
that he would support the legislation.
A vote on the Resolution resulted as follows:
Ayes (6) Pryor, Vaughan, Manos, Mack, Cogan,
Hershey
Nays (1) Peterson
Carried
Simeon’s Alcohol Permit Request
By Alderperson Vaughan: Seconded by Alderperson Cogan
WHEREAS, since 1987 the City of Ithaca has issued a license to
Simeon's Restaurant allowing that restaurant to utilize certain
areas along Aurora Street and on the Ithaca Commons for outdoor
dining, and
WHEREAS, this use of public property has generally been deemed
proper and successful, and
WHEREAS, the City of Ithaca wishes to promote diverse uses of the
Ithaca Commons, including outdoor dining, and
April 3, 2002
23
WHEREAS, it is Common Council's responsibility to determine
whether or not to allow the serving and consumption of alcohol on
the Ithaca Commons, and
WHEREAS, Common Council has determined that the use of this public
property for outdoor dining at Simeon's Restaurant, including the
responsible sale and consumption of alcohol, is desirable, and
WHEREAS, Common Council has determined that any use of this or
similar public property involving the same and consumption of
alcohol should be covered by a minimum of $1,000,000 insurance
under the Dram Shop Act; now, therefore be it
RESOLVED, For the year 2002, Common Council hereby approves a
revocable Alcoholic Beverage Permit for the outdoor sale and
consumption of alcohol for Simeon's Restaurant that includes the
sale of alcohol in accord with the terms and conditions set forth
in application therefore, including minimum Dram Shop coverage in
the amount of $1,000,000 and the approval of an outdoor dining
permit.
Alderperson Mack questioned the City’s liability in approving
these permits. City Attorney Schwab explained that the City is
named as an additional insured under the restaurant owner’s
insurance policy, however potential liability is always a
possibility.
A vote on the resolution resulted as follows:
Carried Unanimously
Viva Taqueria’s Alcohol Permit Request
By Alderperson Vaughan: Seconded by Alderperson Cogan
WHEREAS, in 1998 the City of Ithaca issued a license to the Viva
Taqueria Restaurant allowing that restaurant to utilize certain
areas along Aurora Street for outdoor dining, and
WHEREAS, this use of public property has generally been deemed
proper and successful, and
WHEREAS, the City of Ithaca wishes to promote diverse uses of the
Primary and Secondary Commons, including outdoor dining, and
WHEREAS, it is Common Council's responsibility to determine
whether or not to allow the serving and consumption of alcohol on
the Primary and Secondary Commons, and
WHEREAS, Common Council has determined that the use of this public
property for outdoor dining at the Viva Taqueria Restaurant,
including the responsible sale and consumption of alcohol, is
desirable, and
WHEREAS, Common Council has determined that any use of this or
similar public property involving the same and consumption of
alcohol should be covered by a minimum of $1,000,000 insurance
under the Dram Shop Act; now, therefore be it
RESOLVED, For the year 2002, Common Council hereby approves a
revocable Alcoholic Beverage Permit for the outdoor sale and
consumption of alcohol for the Viva Taqueria Restaurant that
includes the sale of alcohol in accord with the terms and
conditions set forth in application therefore, including minimum
April 3, 2002
24
Dram Shop coverage in the amount of $1,000,000 and the approval of
an outdoor dining permit.
Carried Unanimously
COMMUNICATIONS FROM COMMON COUNCIL:
Alderperson Pryor reported that the South Hill Civic Association
would be holding their annual clean-up day on Saturday, April 13,
2002 from 9:00 am – 1:00 pm. Interested parties should meet at
the Hudson Street entrance to the South Hill Recreation Trail.
Alderperson Peterson reported that the sub-committee working on
the Department Head/Common Council retreat is continuing to meet
with staff to schedule the retreat and develop a list of topics
for discussion.
REPORT OF THE CITY CLERK:
City Clerk Conley Holcomb reported that Common Council would need
to appoint two members to the Board of Assessment Review at the
May Common Council meeting. The assessment review dates will be
scheduled during the week of May 13, 2002. She stated that she
would distribute a reminder memo once she has obtained the
necessary information.
REPORT OF THE CITY ATTORNEY:
City Attorney Schwab reported that Judge Mulvey rendered his
three decisions in the Serafin suit, the Kadar suit and the
Powers suit; all dealing with Widewaters, and the Southwest
Development last week. Judge Mulvey found in the City’s favor on
each of those lawsuits, both on procedural grounds and on
substantive grounds. The most significant portion of all those
rulings is that the Judge found that the proposed storm water
drainage detention pond for the vegetative berm is a proper use
of park land and was not incompatible with the public trust
document. The City has not received a notice of appeal to date,
but the petitioners have thirty days from the date of filing to
file notice of appeal.
Alderperson Pryor thanked City Attorney Schwab and the Attorney’s
Office staff for all the hard work they have done on this issue
and recognized that it has been arduous, and time consuming.
ADJOURNMENT:
On a motion the meeting adjourned at 12:00 A.M.
________________________ _______________________
Julie Conley Holcomb, CMC Paulette Manos,
City Clerk Acting Mayor