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HomeMy WebLinkAboutMN-CC-2002-04-03 1 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Vaughan reported that Item 9.4 City Chamberlain – Authorization to Extend Redemption Period – Resolution has been withdrawn from the agenda and replaced with a report.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 2 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. April 3, 2002 3 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. April 3, 2002 4 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 April 3, 2002 5 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 6 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 April 3, 2002 7 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 April 3, 2002 8 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 9 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 10 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 April 3, 2002 11 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 12 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 13 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