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HomeMy WebLinkAboutMN-CC-2002-07-02 1 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 July 2, 2002 2 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. July 2, 2002 3 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. July 2, 2002 4 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 July 2, 2002 5 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: July 2, 2002 6 “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 July 2, 2002 7 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 July 2, 2002 8 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 July 2, 2002 9 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 July 2, 2002 10 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, July 2, 2002 11 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. July 2, 2002 12 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 July 2, 2002 13 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