HomeMy WebLinkAboutMN-CC-2002-07-02
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COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 7:00 P.M. July 2, 2002
PRESENT:
Mayor Cohen
Alderpersons (9) Pryor, Sams, Blumenthal, Mack, Manos,
Vaughan, Peterson, Cogan, Hershey
OTHERS PRESENT:
City Clerk – Conley Holcomb
City Attorney - Schwab
City Controller – Thayer
Planning and Development Director – Van Cort
Deputy Director of Planning and Development – Cornish
Economic Development Director - McDonald
Superintendent of Public Works – Gray
Human Resources Director – Michell-Nunn
Community Development Planner – Kittel
Building Commissioner – Radke
Safety Officer – Olmetti
Assistant City Attorney – Dunn
City Planner - Logue
EXCUSED:
Alderperson Whitmore
PLEDGE OF ALLEGIANCE:
Mayor Cohen 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 noted that a mistake had been discovered in
Item 13.3 – Police Department – Request Funds for Explorer Post
Training, and noted that a substitute resolution has been
distributed.
No Council member objected.
Legal Counsel Session
Mayor Cohen requested the addition of a Session to Seek Legal
Counsel.
No Council member objected.
COMMUNICATIONS:
City Clerk Conley Holcomb read the following communications:
“Dear Ed,
Today I'm addressing you with our other hats on, you're wearing
your Common Council hat, I'm wearing my Maternal/Concerned
Citizen hat.
My son Nathaniel, aged 17, has been active in the Ithaca Police
Explorers for the last two years. It's been a terrific
organization for him, providing the only opportunity locally
available for a teenager to learn about police training, work,
and related issues, explore interesting career possibilities, and
learn about his community in a different way by performing public
service in it. Explorers assist with traffic control and other
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duties at the Ithaca Festival, Juneteenth Celebration, and Dryden
Family Fest; attend local events honoring veterans, distribute
Christmas toys, etc.
I believe the current active roster is about 12-16 kids. For the
past year they’ve worked very hard to raise funds to attend the
biennial national convention in Flagstaff, AZ. Despite long
hours at spaghetti suppers, pancake breakfasts, and chicken
barbecues (with consistent support from the Eagles Club), the
Explorers were seriously short of funds until the City came
through with an appropriation that will allow all interested kids
to attend the July 7-14 meeting. This convention is an important
opportunity for the kids because they'll get to apply the police
training they've received in competitions against other Explorer
posts from around the country. Also featured at the convention
is a career fair staffed by representatives from most large
police-type organizations not only metropolitan and state police
departments, but also G-men from the FBI, ATF, INS, etc. Since
this convention occurs only once every two years, this will be
most local Explorers' only chance to participate.
Two days ago Nathaniel learned that some members of the IPD are
concerned that this appropriation of City funds will take money
away from their own essential, on-going training. They intend to
oppose the appropriation, and will ask Common Council at its next
meeting this coming Tuesday to deny or reverse the City's pledge
of financial support that enables our local Police Explorers to
attend the Flagstaff conference. If Common Council withdraws
City support, the Explorers will be left high and dry one week
before their long awaited convention.
The local Explorer post is most ably and generously mentored by
Officers Tony Scaglione and Christine Barksdale. They've assured
the Explorers that their travel grant does not take money away
from IPD training, but this perspective isn't shared by some IPD
officers. Officers Scaglione and Barksdale are also the IPD's
designated "Community Police Officers." It's my opinion that
some in the IPD hold "community policing" in low regard, and are
happy to diminish those efforts when they can. To me, the
opposite point of view seems like simple common sense: good
policing starts with good community relations, and teenagers are
the front line. I believe that maintaining a strong, active
Police Explorers program is good for Ithaca, good for the Ithaca
Police Department (some of whom were Explorers themselves), good
for kids, good for the whole community.
I hope you take my concerns to with you to the Common Council
meeting next Tuesday, and share them with your colleagues; and
that you'll uphold the City's support for this program.
Thank you for your consideration.
Sincerely yours,
Robin Fisher Cisne”
Richard Booth, Tompkins County Board of Representatives - Third
District sent the following e-mail message to Alderperson
Blumenthal and requested that it be read at tonight’s meeting:
“I have been and am a strong supporter of TCAT, and I ride TCAT
buses frequently.
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Regarding the possibility of an intermodal transportation center
on Green Street (beneath the existing Green Street Garage)
If this center does not include a facility for inter-city buses
(which the news media suggests is a possibility), I do not
currently see a reason that an intermodal center would be placed
in this location.
To the best of my knowledge, the Tompkins County Board of
Representatives has to date not voted in favor of providing any
county funding for such a center -- i.e. for capital or operating
expenses.”
SPECIAL ORDER OF BUSINESS:
Discussion on the Inlet Island Promenade Project
A note from Community Development Planner Sue Kittel to Common
Council reported the following:
“The Inlet Island Promenade Client Committee has completed its
work and information from the draft Master Plan was provided in
Council’s packets for tonight. They will be moving ahead with
Phase I construction documents, and anticipate construction in
the late Fall of 2002 or early Spring of 2003.”
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
Joel Harlan, Town of Dryden, addressed Council regarding concerns
over local business closings and economic development issues.
Mary Tomlan, City of Ithaca, addressed Council regarding her
opposition to the inter-modal transportation center located
beneath the Green Street parking garage.
Paul Mazzarella, Director of Ithaca Neighborhood Housing Services
(INHS), addressed Council regarding the City’s continued support
to INHS.
Shelley Garvey, addressed Council regarding concerns related to
the Exterior Maintenance Ordinance.
Margarita Fabrizio, City of Ithaca, voiced concerns regarding
location of inter-modal transportation center. She feels that
there has not been enough public information sessions, and that
the center should be removed from the Cayuga Green project.
Fay Gougakis, City of Ithaca, addressed Council regarding lack of
public access to project documentation and lack of public
information sessions on the Cayuga Green project.
Neil Oolie, City of Ithaca, voiced concerns regarding Plain
Street Bridge project and proposed parking fee increases.
William Downing, voiced opposition to downtown location of inter-
modal transportation center.
Dinah McGuire addressed Council in support of funding for the
Ithaca Police Explorers convention.
Susan Titus, spoke in opposition to the downtown location of an
inter-modal transportation center.
Guy Gerard, City of Ithaca, spoke in opposition to the inter-
modal transportation center and called attention to letters from
Dooley Kiefer, and James Byrne that were distributed earlier.
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RESPONSE TO THE PUBLIC:
Alderperson Cogan responded to the concerns raised regarding INHS
funding. He also addressed concerns raised about the location of
the inter-modal transportation center, and explained why he has
changed his opinion regarding the Cayuga Green project.
Mayor Cohen responded to comments made regarding the inter-modal
transportation center. He stated that questions need to be
resolved through research, design, and environmental review. He
further addressed concerns raised regarding INHS funding, and
stated that the IURA Director has directed staff to find a way to
provide a long term funding stream for INHS.
Mayor Cohen recommended the consideration of resolutions in the
following order:
COMMITTEE OF THE WHOLE:
9.3 Downtown Development/Cayuga Green Proposal - Location of the
Intermodal Transportation Center - Resolution:
By Alderperson Hershey: Seconded by Alderperson Vaughan
WHEREAS, Common Council has considered the costs and benefits of
locating the Intermodal Transportation Center (ITC) at various
locations in the downtown, and
WHEREAS, Tompkins Consolidated Area Transit (TCAT) has conducted,
under the consultation of Duchscherer Oberst Design PC, an “Ithaca
Transportation Center Options Analysis” to consider three
locations for the downtown ITC, including the sites south of the
library, east of the library, and under the Green Street garage,
and
WHEREAS, Duchscerer Oberst recommended the Green Street garage
location as the preferred site for the ITC, and
WHEREAS, SRF & Associates has studied the impacts on traffic
circulation and has shown that the ITC can not only be
accommodated, but that its relocation under the Green Street
Garage greatly reduces traffic congestion by allowing the current
bus stacking lane to be used as a turn lane, and
WHEREAS, concerns have been raised by the public about noise and
air pollution from buses inside the facility, and
WHEREAS, TCAT has presented a bus replacement schedule that
indicates that buses will meet 2007 federal air standards for
sulfur and particulate emissions, and
WHEREAS, expert consultants have said that the construction of
the ITC holds the potential to improve air quality and noise
quality conditions on Green Street by relocating TCAT buses into
a facility that can handle and reduce such impacts, and
WHEREAS, a downtown ITC may provide an improved interface between
inter-city and intra-city buses, more amenities and improved
safety for the bus riding public, and closer proximity for inter-
city bus riders to the Commons, Cornell University, and Ithaca
College, now, therefore be it
RESOLVED, That Common Council approves the location of the ITC
under the Green Street Garage, subject to the logistical and
fiscal feasibility of the ITC operating in this location and the
appropriate environmental reviews (especially including air and
noise impacts) and provided that documentation be provided that
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the design of the facility will reduce noise impacts including
noise impacts on nearby uses, and improve exterior air quality
over current conditions even when allowing for the addition of
intercity buses, and be it further
RESOLVED, That Common Council hereby directs that all necessary
steps for project development, including environmental review,
financing, and design of a facility that can handle and reduce
air and noise quality impacts be commenced at the earliest
possible date under the direction of the Department of Planning
and Development, and be it further
RESOLVED, That Common Council endorses TCAT’s intention to follow
through on the bus purchase schedule shown to Common Council,
and, be it further
RESOLVED, That the City’s idling law shall be strictly enforced
in the ITC and other downtown locations as shall the State law
regarding diesel engines.
Extensive discussion followed on the floor regarding project
impacts if the intermodal site is not selected tonight, potential
noise impacts on surrounding uses from both the buses and the
required exhaust fans, and project funding. Planning and
Development Director Van Cort stated that the studies need to be
approved before Council will have the answers they need to decide
whether to fund the project or not.
Alderperson Manos explained that the downtown location is TCAT’s
preferred site and the site needs to be specified before grant
funding can be made available to fund the studies.
Amending Resolution
By Alderperson Blumenthal: Seconded by Alderperson Manos
RESOLVED, That an additional Resolved Clause be added to the
Resolution to read as follows:
“RESOLVED, That the City will seek reimbursement from TCAT for
all expenditures for the Intermodal Transit Center Project
studies including but not limited to environmental studies, etc.”
Carried Unanimously
Amending Resolution
By Alderperson Manos: Seconded by Alderperson Cogan
RESOLVED, That an additional Whereas Clause be added as the last
Whereas Clause, to read as follows:
“WHEREAS, Common Council intends not to commit the City of Ithaca
to such a project without clarity as to its implications; now,
therefore, be it”
Ayes (6) Manos, Sams, Blumenthal, Peterson,
Mack, Cogan
Nays (3) Vaughan, Pryor, Hershey
Carried
Amending Resolution
By Alderperson Peterson: Seconded by Alderperson Sams
RESOLVED, That an additional Resolved Clause be added to read as
follows:
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“RESOLVED, That the Intermodal Transportation Center be further
researched to Council’s satisfaction for implementation.
Ayes (4) Blumenthal, Sams, Manos, Peterson
Nays (5) Pryor, Vaughan, Mack, Cogan, Hershey
Failed
Alderperson Mack proposed an amendment that would locate the
intermodal transportation center at the historical west end site
where the current bus station is located.
Mayor Cohen informed Alderperson Mack that the City does not own
the aforementioned property,
Alderperson Mack withdrew the amendment.
Main Motion as Amended
A vote on the Main Motion as Amended resulted as follows:
Ayes (7) Manos, Pryor, Vaughan, Blumenthal, Mack,
Cogan, Hershey
Nays (2) Peterson, Sams
Carried
9.1 DOWNTOWN DEVELOPMENTS/CAYUGA GREEN PROPOSAL – Resolution To
Build Additional Parking Downtown
By Alderperson Pryor: Seconded by Alderperson Hershey
WHEREAS, the Common Council is currently considering proposals for
several downtown development projects, including the Cayuga Green
Project, the Ciminelli Hotel/Cornell Office Building Project, and
the Gateway Project, and is aware that additional projects may
arise in the next 5-10 years, and
WHEREAS, the projects that have been proposed would require off-
site parking, and
WHEREAS, the Cayuga Green Project is understood to include parking
in three separate structures, an Intermodal Transportation Center,
up to 132 units of housing and up to 40,000 square feet of retail
spaces, and
WHEREAS, staff has prepared parking demand analyses, which show
an approximate overall parking demand of 936 new parking spaces
above the current supply, plus an additional 163 spaces in order
to maintain adequate surplus parking, for a total number of 1,099
new parking spaces, and
WHEREAS, surveys of the current usage of downtown parking, found
that on an average spring day (not during the winter peak
period), there is an overall vacancy rate of roughly 4% in the
downtown public parking system, and
WHEREAS, Desman Associates, who was hired by the City to study
the parking conditions in the City, submitted a report entitled
“Assessment of Existing and Future Parking Conditions in Ithaca,
New York”, which states that in order to maintain safe and
efficient turnover and utilization of parking facilities, it is
advisable that the City maintain 5% to 10% surplus space above
the peak need for parking, and
WHEREAS, previous garages that the City built were not designed
for expansion; now, therefore, be it
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RESOLVED, that Common Council approves the construction of up to
approximately 1,790 parking spaces, of which approximately 1,099
will be additions to the City’s downtown off-street parking
inventory, and be it further,
RESOLVED, if the Conference Center is removed from the program
for the Ciminelli building, the number of parking spaces proposed
for the Cayuga Green project will be reduced by 130 spaces, and
be it further,
RESOLVED, That, subject to further information on design and cost
of the facilities, any new parking structures that will be built
in the downtown parking system, be constructed in such a manner
that they may be later vertically expanded to allow construction
of additional parking or such other uses as the Common Council
may at such future time determine would be in the best interest
of the City, and be it further
RESOLVED, That the Common Council does hereby direct staff to
begin the necessary project development steps for design
development, environmental review, and financing for the Cayuga
Green Project, and, be it further
RESOLVED, That a final decision regarding funding of the parking
construction project will be made by Common Council at its
earliest occasion after appropriate environmental review is
conducted.
Extensive discussion followed on the floor regarding the number
of parking spaces included in the project.
Alderperson Blumenthal voiced her concern regarding receiving the
traffic study and financial information five days before the
meeting when this information was requested a year ago. She
emphasized her support for downtown development, but is concerned
over the fiscal implications of this amount of parking spaces.
A vote on the resolution resulted as follows:
Carried Unanimously
9.2 CAYUGA GREEN PROPOSAL – Resolution to Demolish Part of the
Green Street Garage
By Alderperson Manos: Seconded by Alderperson Sams
WHEREAS, the Cayuga Green Project is understood to include up to
approximately 1,790 parking spaces in three separate structures,
an Intermodal Transportation Center, up to 132 units of housing,
and up to 40,000 square feet of retail spaces, and
WHEREAS, the Common Council is currently considering two
preliminary (schematic) parking garage design proposals: one
includes a complete rehab and expansion of the Green Street
Garage, while the other includes a partial demolition of the
Green Street Garage and construction of a new larger structure,
and
WHEREAS, Novelli Engineering was hired by the Common Council in
order to study the viability of expanding the Green Street
parking garage, and
WHEREAS, in May of 2002, Novelli Engineering submitted a report
entitled “Condition Survey and Structural Investigation of the
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Green Street Parking Garage”, which included a detailed
structural survey that investigated the feasibility and the costs
involved with expanding the garage, and
WHEREAS, the Novelli report concluded that while the
rehabilitation and expansion of the existing Green Street Garage
and the demolition and construction of a new Green Street Garage
have similar overall costs associated with them, the risk of
future building failure and unanticipated costs is greater with
the rehabilitation of the older structure, and
WHEREAS, the Novelli report further concluded that the most
prudent and cost effective course of action would be to demolish
part of the Green Street Garage, maintain the mid deck over the
Rothschild building, and reconstruct a new garage, and
WHEREAS, the City has spent increasing amounts of money on major
capital maintenance costs for the Green Street parking garage,
and
WHEREAS, construction of a new building allows greater
flexibility in the design of the intermodal facility and other
uses proposed for the site; now, therefore, be it
RESOLVED, That the Common Council approves the partial demolition
of the Green Street Garage, as described in Whereas No. 6 above,
as part of the redevelopment of downtown, and, be it further
RESOLVED, That a final decision regarding funding of the
demolition project will be made by Common Council at its earliest
occasion after appropriate environmental review is conducted.
Carried Unanimously
9.5 CAYUGA GREEN PROPOSAL – A Resolution to Commence with
Predevelopment Steps
By Alderperson Cogan: Seconded by Alderperson Pryor
WHEREAS, the Common Council is currently considering
proposals for several downtown development projects,
including the Cayuga Green Project, the Ciminelli
Hotel/Cornell Office Building Project, and the Gateway
Project, and is aware that additional projects may arise
in the next 5-10 years, and
WHEREAS, by previous resolutions, Common Council has made
certain critical decisions about the Cayuga Green
project, and
WHEREAS, the Ciminelli Development Company has informed
Common Council that their project must be ready to open
by July 2004, at which time the necessary parking supply
must be available, and
WHEREAS, in order to meet this urgent timetable, the City
must move the Cayuga Green project into its development
phase with an accelerated schedule of decision making,
project development, design and financing, and
WHEREAS, in order to meet this tight schedule, an
environmental review of the project will need to be
completed on the fastest possible schedule given the
statutory time requirements for public comment periods,
as will the selection and retention of an engineering
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consultant, a survey consultant, a construction
management firm and an architectural design firm, and
WHEREAS, under the consultation of SRF & Associates, the
City has studied the traffic impacts of the Cayuga Green
project and understands the required mitigations, and
WHEREAS, the projects that have been proposed will be of
great benefit to the economic health of the City, but
will require the City to assume the economic burden of
providing the necessary off-site parking for those
projects, and
WHEREAS, the City is not presently in the position to
undertake the provision of additional off-site parking
due to its inability to incur additional debt for
off-site parking at a time when its ability to undertake
additional debt is being restricted to more pressing
governmental needs; and when it would entail the
diversion of management and supervisory personnel who are
now fully engaged in coping with other governmental
problems, and
WHEREAS, the National Development Council of New York,
New York, is currently under contract with the City for
economic development services, and
WHEREAS, the National Development Council (NDC) has the
ability to enter into a contract with a construction
management firm for construction of the Cayuga Green
project with a guaranteed maximum price and a guaranteed
completion date, and
WHEREAS, a guaranteed maximum price is understood to be a
"not to exceed" price that the City will pay for the
project; should the actual expenses be greater, the City
will not be responsible for the additional costs - should
the actual expenses be less, the City will have the
opportunity to save money on the project, and
WHEREAS, on July 5, 2001 Common Council designated
Monahan Development Corp. as the preferred developer for
the Cayuga Green project for a period of one year, ending
on July 5 2002, and
WHEREAS, National Development Council has worked closely and
continues to work closely with Monahan Development Corp. on
development projects, and
WHEREAS, Monahan Development Corp. has expressed its desire to
and is qualified to develop the housing and retail components of
the Cayuga Green project, and
WHEREAS, National Development Council is amenable to working with
Monahan Development Corp. for the housing and retail components
for the Cayuga Green project; now, therefore be it
RESOLVED, The Common Council hereby amends Capital
Project #446 Cayuga Green Design and Study by an amount
not to exceed $500,000, giving a total authorization of
$545,000, for the purposes of performing additional
Cayuga Green Studies including: architecture and design,
engineering, environmental study and review, site
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surveying, soil borings and analysis, construction
management (including construction supervision by an
independent testing engineer to ensure quality
construction materials and process), preparation of site
assembly and such other investigations and studies as may
be deemed necessary for the project to progress, and be
it further
RESOLVED, that the necessary funding shall be derived
from the issuance of serial bonds with the potential
payback from development fees, and be it further
RESOLVED, that the Common Council does hereby
specifically request National Development Council or its
affiliate to undertake the project described in the prior
Resolutions, in order to lessen the City's burden of
providing the additional off-site parking required by the
projects that are vital to the economic health of the
City but which the City itself is unable to undertake at
this time, and directs staff to work with National
Development Council to begin the necessary development
steps for design, financing, and all other necessary
project development services for the required public
parking, and, be it further
RESOLVED, Staff be hereby directed to continue working
with Monahan Development Corp. toward the development of
the housing and retail components of the Cayuga Green
Project in coordination and conjunction with development
of the public parking by National Development Council,
and, be it further
RESOLVED, that the Mayor is hereby authorized, upon
advice of the City Attorney and the Director of Planning
and Development, to enter into an agreement with National
Development Council of New York, New York at a cost not
to exceed $500,000 to provide project development
services for the Cayuga Green project, such agreement to
be effective no sooner than July 6, 2002, and be it
further
RESOLVED, that the Common Council does hereby amend and
extend designation of the Monahan Development Corporation
as preferred developer for the Cayuga Green Project for a
period of six (6) months, ending on January 6, 2003, and
be it further,
RESOLVED, that said preferred developer status shall be
limited to the proposed residential and commercial
components of the Cayuga Green Project only,
and be it further,
RESOLVED, that Common Council authorizes NDC, upon advice
of the Cayuga Green Client Committee and approval of the
Mayor, the Director of Planning and Development, and the
Chair of the Client Committee, to take all necessary
predevelopment steps to reach a guaranteed maximum price
for the Cayuga Green Project at the earliest possible
date, and be it further
RESOLVED, that the project development services include
engineering, surveying, environmental review,
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construction management, architecture and design, site
assembly, and any and all other services needed in order
to attain a guaranteed maximum price, and be it further
RESOLVED, that the development project and its guaranteed
maximum price will come back to Common Council for
approval and further decisions.
Extensive discussion followed on the floor regarding the
selection process for an architect for the project, and
the need for Council to relinquish some of their
decision-making authority in order for the project to
stay on schedule.
A vote on the resolution resulted as follows:
Carried Unanimously
9.4 CAYUGA GREEN PROPOSAL - A Resolution to Create a Cayuga Green
Client Committee
By Alderperson Pryor: Seconded by Alderperson Mack
WHEREAS, by previous resolutions, Common Council has
made certain critical decisions about the Cayuga Green
project, and
WHEREAS, the Cayuga Green project needs to quickly move
into a development phase, and
WHEREAS, the City also needs continuing oversight and
opportunities for input during the development phase;
now, therefore, be it
RESOLVED, that Common Council creates a Cayuga Green
Client Committee, and, be it further
RESOLVED, that Dan Cogan be appointed Chair of the
Cayuga Green Client Committee, and be it further
RESOLVED, that the Chair of the Client Committee will
work with the City and NDC Staff to better understand
the process needs of the development phase and then
present to the Common Council for its approval, the
constituent make-up of the client committee, and, be it
further
RESOLVED, That the Client Committee will provide input
to the National Development Council and to the
Department of Planning & Development through the
development phase of the Cayuga Green project, and, be
it further
RESOLVED, that all meetings of the Client Committee
shall be posted and open to the public.
Extensive discussion followed on the floor regarding the
responsibility of the Client Committee, the Chair of the
Committee, the committee’s make-up and how the committee will
make recommendations to Council for the final decision.
Common Council agreed to meet at a later date to approve the
make-up of the Client Committee.
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A vote on the resolution resulted as follows:
Carried Unanimously
HUMAN RESOURCES COMMITTEE
10.1 Building Department - Amendment to Personnel Roster
Resolution:
By Alderperson Peterson: Seconded by Alderperson Hershey
WHEREAS, Over the past few years there has been and continues to
be an increased demand on the staff of the Building Department to
keep pace with the renovations and new construction within the
City of Ithaca, and
WHEREAS, The City of Ithaca continues to pursue new development
within its domain, and
WHEREAS, The increase in renovations and new construction require
staff time for consultation, reviews, inspections and supervision
of construction projects, and
WHEREAS, The existing as well anticipated new development has
also resulted in numerous changes in and additions to zoning
districts which require Building Department staff to keep abreast
of numerous and more complex regulations for enforcement, and
WHEREAS, New state codes have been enacted, effective July 3,
2002, resulting in the Building Department spending additional
time researching, consulting and educating themselves as well as
the public, and
WHEREAS, the Building Commissioner anticipates that the current
and future demands on the department will require an additional
supervisory position and two additional Code Inspectors, and
WHEREAS, the new supervisory position will assist in effectively
managing the increased workload and complexity of the work as it
pertains to zoning, and
WHEREAS, The Building Commissioner is requesting that Code
Inspector Tom Nix, who currently possesses the zoning knowledge
and expertise necessary to perform the supervisory function as a
Senior Plan Examiner, and
WHEREAS, upon promotion, seventy-five percent of the Senior Plan
Examiners time will be devoted to supervision and zoning, the
Building Commissioner is requesting that the Code Inspector
position vacated by Tom Nix remain funded, now therefore be it
RESOLVED, That Common Council hereby amends the 2002 Building
Department Personnel Roster as follows:
Add: One (1) Senior Plan Examiner
And be it
RESOLVED, That Tom Nix be promoted to Senior Plan Examiner at a
salary of $48,221 effective July 8, 2002, and be it further
RESOLVED, That Common Council authorizes the transfer of $24,110
from Unrestricted Contingency Account # A1990 to Account # A3620-
5110 to fund the Senior Plan Examiner position.
Carried Unanimously
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10.2 GIAC - Amendment to Personnel Roster - Resolution:
By Alderperson Peterson: Seconded by Alderperson Manos
RESOLVED, That the Personnel Roster of the Greater Ithaca
Activities Center be amended as follows:
Add (1) Youth and Pre-teen Program Administrator
Delete (1) Youth Program Coordinator
and be it further
RESOLVED, That the position of Youth and Pre-teen Program
Administrator be assigned to the CSEA Administrative Unit at
Grade 20, and
RESOLVED, That the promotional salary for appointment to the
Youth and Pre-teen Program Administrator position be established
in accordance with the provisions of the CSEA Administrative Unit
contract, and be it further
RESOLVED, That Travis Brooks be appointed to the position of
Youth and Pre-teen Program Administrator at a salary of $35,997
retroactive to March 2, 2002, and be it further
RESOLVED, That the additional $5,826 necessary to cover the
increase in salary for Mr. Brooks be derived from the 2002 GIAC
budget.
Alderperson Pryor stated that she supports this resolution but
would like to encourage the department to complete workflow
charts to show how change would impact department.
A vote on the resolution resulted as follows:
Carried
Alderperson Mack absent from vote
10.3 Position Review Committee - Resolution:
By Alderperson Peterson: Seconded by Alderperson Sams
WHEREAS, under a procedure established by Common Council a
Position Review Committee consisting of the Mayor, Controller and
the Director of Human Resources reviews all vacancies, changes in
position title or grade levels or work hours before authorizing
that they be filled, delayed for filling, or not be filled due to
budgetary constraints, administrative priorities or other
concerns, and
WHEREAS, under this procedure, the Position Review Committee
reports its actions to the Common Council Human Resources
Committee, and
WHEREAS in light of the City's current financial situation, the
Mayor has indicated that he believes the Position Review
Committee is likely to deny permission to fill some vacancies,
and
WHEREAS as of this date no department has ever been denied the
right to fill a vacant position by the Position Review Committee,
and
WHEREAS such a decision to not fill a vacancy may likely cause
concern among city staff, members of Common Council, and the
public, the mayor has asked Common Council to clarify the Common
Council position review process, and
July 2, 2002
14
WHEREAS the Human Resource Committee has discussed this matter
extensively and reached conclusions that its members believe are
in the best interests of the city, its work force and the public,
now therefore be it
RESOLVED, That the internal position review process established
on 2/2/2000 be amended to reflect the current anticipated
budgetary constraints in order to more appropriately handle
potential unfilled vacancies, and be it further
RESOLVED, That the Position Review Committee will report its
determinations to the Human Resource Committee each month and be
it further
RESOLVED, That in the event the Position Review Committee denies
a department the right to fill a vacancy within the budget
established by Common Council, the department head will explain
their request and the Committee will explain its decision to the
Human Resources Committee, which will review this finding and
affirm or overrule it, and be it further
RESOLVED, That all Common Council members will be alerted to such
pending committee reviews, and be it further
RESOLVED, That the chair of the Human Resources Committee will
report the Committee's position review actions to the full Common
Council at its next regular meeting, and be it further
RESOLVED, That in the event the Human Resources Committee ceases
to exist, this role for review and affirmation of the Position
Review Committee's actions will fall to that Common Council
Committee that assumes jurisdiction over Human Resources matters.
Discussion followed on the floor regarding a Department Head’s
ability to appeal decisions made by the Position Review
Committee. Mayor Cohen stated that he wasn’t at the last HR
Committee meeting and thanked Alderperson Peterson and the
committee for their work on this Resolution.
A vote on the Resolution resulted as follows:
Carried Unanimously
BUDGET & ADMINISTRATION COMMITTEE
13.1 DPW – Request Funding for Replacement of Hydraulic Hoist
- Resolution
By Alderperson Vaughan: Seconded by Alderperson Peterson
WHEREAS, staff discovered an oil leak on a hydraulic hoist, and
determined that replacement of the lift above ground was more
cost-effective than repairing the equipment, and
WHEREAS, the replacement request has been approved by the Board of
Public Works and the Budget and Administration Committee; now,
therefore, be it
RESOLVED, That Common Council hereby amends Capital Project #454
2002 Equipment Acquisitions by an amount not to exceed $10,000 for
a total project authorization of $509,636, and be it further
RESOLVED, That Common Council hereby transfers an amount not to
exceed $10,000 from Capital Reserve 23 DPW Equipment to Capital
July 2, 2002
15
Project #454 for said equipment purchase and installation, and be
it further
RESOLVED, That staff complete all the necessary tasks required to
complete a DEC approved clean up of the oil spill resulting from
the leak on the hydraulic hoist.
Carried Unanimously
13.2 DPW – Request Funds for Tree Removal Contract - Resolution
By Alderperson Vaughan: Seconded by Alderperson Manos
WHEREAS, a recent tree inventory has identified that several
priority one tree removals are needed soon, and
WHEREAS, the DPW Parks and Forestry tree trimming crew is
currently down two positions due to a vacancy and an extended sick
leave, and
WHEREAS, a part-time seasonal tree trimmer has been hired to
assist the tree crew, but is limited on availability, and
WHEREAS, due to said staff shortages, the inability to hire tree
trimmers and a large number of priority one trees, DPW staff has
requested that an outside tree contractor be hired to help “catch
up” on the backlog of tree removals, and
WHEREAS, DPW staff has estimated that a $20,000 tree contract with
an outside tree contractor would allow for the removal of a
majority of the priority one trees, and
WHEREAS, the DPW has funds within its existing budget from vacant
positions to assist with said tree removal contract; now,
therefore, be it
RESOLVED, That Common Council hereby amends the 2002 Authorized
Budget with the transfer of an amount not to exceed $10,000 from
the following accounts for the purposes of hiring an outside
contractor for tree removals:
Transfer from:
A7111-5115 Hourly F/T Parks & Forestry $6,000
A5111-5115 Hourly F/T Highways $4,000
Transfer to:
A7111-5435 Contracts Parks & Forestry $10,000
and be it further
RESOLVED, That DPW staff will re-evaluate the tree removal program
in August, and report to the Budget and Administration Committee
at their August meeting.
Carried Unanimously
13.3 Police Department – Request Funds for Explorer Post Training
- Resolution
By Alderperson Vaughan: Seconded by Alderperson Sams
WHEREAS, the Ithaca Police Department Explorer Post #392 was
reinstated in 1997 and has served 52 members and advisors to date,
and
July 2, 2002
16
WHEREAS, the program has been effective in assisting teens in
their goal of attaining a career in law enforcement and have
provided the City of Ithaca with service in the following areas:
- Traffic control for local events and celebrations
- Fingerprinting children
- Safety assistance in community events
- Assisting officers on patrol
and
WHEREAS, the members of Explorer Post #392 have raised $2,500 on
their own through various fund raisers, and
WHEREAS, the Explorer Post would like to attend the bi-annual
National Police Explorer Conference in Flagstaff, Arizona, and is
in need of $3,000 to cover the cost of travel to the event, and
WHEREAS, the Police Department has some funds within its existing
budget from vacant positions to assist with said travel cost; now,
therefore, be it
RESOLVED, That Common Council hereby amends the 2002 Authorized
Budget with the transfer of an amount not to exceed $3,000 from
the following accounts for the purposes of said Explorer Post
travel:
Transfer from:
A1990-5000 Unrestricted Contingency $1,625
A3120-5110-05001 $1,375
Transfer to:
A3120-5445-05004 $3,000
Alderperson Sams stated that she supports the resolution and
appreciates the Explorer’s program. She expressed her
disappointment that the PBA has not endorsed this initiative.
Alderperson Manos stated that she is very proud of the work that
the Explorers have accomplished in their fund raising efforts.
Alderperson Hershey stated that he was disappointed about the
letter he received opposing the funding for this program event.
Alderperson Pryor stated that she supports this resolution. The
Explorers are the only part of the Boy Scout organization that is
totally inclusive of all youth. She also commended the members of
the police department who are the leaders of this group and the
young people who have worked so hard to be ready to go on this
trip.
A vote on the resolution resulted as follows:
Carried Unanimously
13.4 Common Council/Youth Bureau – Request to Approve Recreation
Partnership Amended Bylaws - Resolution
By Alderperson Vaughan: Seconded by Alderperson Hershey
WHEREAS, Common Council at its regular meeting of January 2, 2002
approved the Recreation Partnership Board Bylaws, and
July 2, 2002
17
WHEREAS, the need to make some minor changes to the Bylaws is
necessary; now, therefore, be it
RESOLVED, That Common Council hereby approves the Recreation
Partnership Board Bylaws, as presented and attached, subject to
ratification by all participating municipalities.
Discussion followed on the floor regarding the City’s
representation on the Recreation Partnership Board.
A vote on the resolution resulted as follows:
Carried Unanimously
13.5 A Local Law Amending Article 1, Section 1-1(B) of the City of
Ithaca Municipal Code
By Alderperson Vaughan: Seconded by Alderperson Sams
LOCAL LAW NO._____- 2002
A LOCAL LAW AMENDING ARTICLE 1, SECTION 1-1 (B) OF THE CITY OF
ITHACA MUNICIPAL CODE.
WHEREAS, by Ordinance No.01-08, the Common Council of the City of
Ithaca enacted a new Exterior Property Maintenance Ordinance, and
WHEREAS, by the authority conferred on it in Section C-38 of the
City of Ithaca Charter, the City of Ithaca Common Council enacted
a new fine/penalty structure to apply to violations of the said
Exterior Property Maintenance Ordinance, and
WHEREAS, prior to such enactment of the new Exterior Property
Maintenance Ordinance No.01-08, the penalties applicable to
exterior property maintenance violations were contained in
Article 1, Section 1-1(B) of the City of Ithaca Municipal Code,
NOW BE IT ENACTED by the Common Council of the City of Ithaca
that Article 1, Section 1-1(B) of the City of Ithaca Municipal
Code is amended to delete penalties related to exterior property
maintenance violations as follows:-
Section I.
“B. Notwithstanding the penalty provisions of the preceding
subsection or other penalties specified in subsequent
sections of this Code, the penalties for violation of the
Code sections listed below shall be: not more than $40 nor
less than $20 for a first offense at the same property; not
more than $60 nor less than $30 for a second offense at the
same property; and not more than $100 nor less than $50 for
a third offense at the same property, if a conviction for
such offense occurs within the same twelve-month period.
Each day on which the condition exists may be charged and
shall be considered as a separate offense.
July 2, 2002
18
Code Section
196-5 (Uncollected garbage)
210-35 (Open areas)
210-36C (Accessory structures)
210-38 (Garbage and refuse)
272-4D (Mobile signs)
272-4E (Banners and pennants)
285-5 (Sidewalks)
325-20C(1)(j) (Front yard parking)
325-20D (Front yard parking)
325-23B(1) (Yard maintenance)
325-23B(2) (Exterior property maintenance)”
Section 2. Severability.
If any clause, sentence, paragraph, section, or part of this
local law shall be adjudged by any court of competent
jurisdiction to be invalid, such judgment shall not affect,
impair or invalidate the remainder thereof but shall be confined
in its operation to the clause, sentence, paragraph, section, or
part thereof directly involved in the controversy in which such
judgment shall have been rendered.
Section 3. Effective Date.
This Local Law will take effect immediately upon filing with the
Secretary of State as provided by Law.
Carried Unanimously
13.6 Human Resources – Request to Transfer Funds for Work
Environment Task Force Expenditure - Resolution
By Alderperson Vaughan: Seconded by Alderperson Manos
WHEREAS, a component of the Work Environment Task Force
recommendations was to enhance City employee safety, and
WHEREAS, a City improvement team has suggested that an employee
identification badge system would greatly enhance City employee
safety, and
WHEREAS, several City staff members have reviewed employee
identification badge systems and are recommending that Plastic
Card Systems be selected to provide the badge system at a cost of
$12,600, and
WHEREAS, the identification system would allow for all City
employees, board and commission members to have an ID, plus the
system would be the foundation for future enhanced safety
features, such as keyless entry in City facilities, and
WHEREAS, Common Council has established $35,000 in Restricted
Contingency funding to assist with the implementation of the Work
Environment Task Force recommendations; now, therefore, be it
RESOLVED, That Common Council hereby amends the 2002 Authorized
Budget by transferring an amount not to exceed $12,600 from
Restricted Contingency account A1990 to A1430-5225 Human Resources
Other Equipment to purchase the Plastic Card System employee
identification Badge System from New York State Contract.
Carried Unanimously
13.7 DPW – Request to Amend Authorization for North Cayuga
July 2, 2002
19
Street Bridge over Fall Creek Capital Project - Resolution
By Alderperson Vaughan: Seconded by Alderperson Manos
WHEREAS, Common Council, at its regular meeting of April 7, 1999,
approved Capital Project #382 in the amount of $745,000 for the
North Cayuga Street Bridge over Fall Creek, and
WHEREAS, the project was amended to $1,057,000 at Common Council’s
June 5, 2002 meeting, and
WHEREAS, bids were received and opened on June 18, 2002 for said
bridge project giving a post-bid total estimated project cost of
$1,250,000, and
WHEREAS, a Project for the rehabilitation of the North Cayuga
Street Bridge over Fall Creek, B.I.N. 2210600, P.I.N. 375305 for
$1,250,000 (“the Project”), is eligible for funding under Title 23
U.S. Code as administered by the Federal Highway Administration
(“FHWA”), as amended, that calls for apportionment of the costs
such program to be borne at the ratio of 80% Federal funds and 20%
non-federal funds, and
WHEREAS, the City of Ithaca desires to advance the Project by
making a commitment of 100% of the non-federal share of the costs
of Scoping, Design (Phases I-VI), Construction, and Construction
Inspection; now, therefore, be it
RESOLVED, That Common Council hereby amends Capital Project 382
North Cayuga Street Bridge over Fall Creek by an amount not to
exceed $113,000 for said bridge project, and be it further
RESOLVED, That Common Council hereby authorizes the City of Ithaca
to pay in the first instance 100% of the federal and non-federal
share of the cost of Scoping, Design (Phases I-VI), Construction,
and Construction Inspection for the Project or portions thereof,
and be it further
RESOLVED, That in the event the full federal and non-federal share
costs of the project exceeds the amount appropriated above, Common
Council of the City of Ithaca shall convene as soon as possible to
appropriate said excess amount immediately upon notification by
the NYSDOT thereof, and be it further
RESOLVED, That the Mayor of the City of Ithaca of the County of
Tompkins be and is hereby authorized to sign all necessary
Agreements with NYSDOT to secure Federal Aid and Marchiselli Aid
on behalf of the City of Ithaca and the Superintendent of Public
Works be authorized to sign all necessary construction documents,
contracts, certifications and reimbursement requests, and be it
further
RESOLVED, That this project be undertaken with the understanding
that the final cost to the City of Ithaca will be roughly 12.04%
of the final approved project cost, currently estimated at
$150,410 of the $1,250,000 authorized for this project, including
the temporary Pedestrian Bridge at $67,000, in monies and in-kind
services as managed by the Superintendent of Public Works and
monitored by the City of Ithaca Controller, and be it further
RESOLVED, That a certified copy of this resolution be filed with
the New York State Commissioner of Transportation by attaching to
it any necessary Agreement in connection with the Project, and be
it further
July 2, 2002
20
RESOLVED, That funds needed for said project shall be derived by
the issuance of Serial Bonds with later repayment of the 87.96% by
Federal and State Funds.
Discussion followed on the floor regarding recent discussions with
New York State Department of Transportation Officials.
A vote on the resolution resulted as follows:
Carried
Alderperson Sams absent from vote
LEGAL COUNSEL SESSION:
Common Council adjourned into a Legal Counsel Session at 10:10
p.m.
REGULAR SESSION:
Common Council reconvened into Regular Session at 10:35 p.m.
MINUTES:
17.1 Approval of February 6, 2002 Regular Common Council Meeting
Minutes
By Alderperson Peterson: Seconded by Alderperson Hershey
RESOLVED, That the Minutes of the February 6, 2002 Regular Common
Council Meeting be approved as published.
Carried Unanimously
17.2 Approval of May 1, 2002, Regular Common Council Meeting
Minutes
By Alderperson Peterson: Seconded by Alderperson Hershey
RESOLVED, That the Minutes of the May 1, 2002 Regular Common
Council Meeting be approved as published.
Carried Unanimously
17.3 Approval of June 19, 2002, Special Common Council Meeting
Minutes
By Alderperson Peterson: Seconded by Alderperson Hershey
RESOLVED, That the Minutes of the June 19, 2002 Special Common
Council Meeting be approved as published.
Carried Unanimously
17.4 Approval of June 5, 2002, Regular Common Council Meeting
Minutes
By Alderperson Peterson: Seconded by Alderperson Hershey
RESOLVED, That the Minutes of the June 5, 2002 Regular Common
Council Meeting be approved as published.
Carried Unanimously
RECESS:
On a motion the meeting recessed at 11:30 p.m. until 7:00 p.m. on
Wednesday, July 10, 2002.
________________________ _______________________
Julie Conley Holcomb, CMC Alan J. Cohen,
City Clerk Mayor