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HomeMy WebLinkAboutMN-CC-2002-10-02 1 COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 7:00 p.m. October 2, 2002 PRESENT: Mayor Cohen Alderpersons (9) Pryor, Sams, Blumenthal, Manos, Whitmore, Vaughan, Peterson, Cogan, Hershey OTHERS PRESENT: City Clerk – Conley Holcomb City Attorney - Schwab Assistant City Attorney - Dunn City Controller – Thayer Planning and Development Director – Van Cort Superintendent of Public Works – Gray Acting Police Chief – Signer Human Resources Director – Michell-Nunn Fire Chief - Wilbur Acting Youth Bureau Director - Green Development Coordinator, Fire Department - Lynch EXCUSED: Alderperson Mack PLEDGE OF ALLEGIANCE: Mayor Cohen led all present in the Pledge of Allegiance to the American flag. ADDITIONS TO OR DELETIONS FROM THE AGENDA: Planning & Economic Development Committee Alderperson Manos noted that a Substitute Resolution for Item 10.1C - Adoption of Economic Development Plan – Resolution has been placed on Council desks. Alderperson Hershey requested that the following items be removed from the agenda: Item 10.2 - Sign Ordinance Report Item 10.3 - Cell Tower Report Item 10.4 - Public Art & Design Commission Ordinance and Guidelines Report No Council member objected. Budget & Administration Committee: Alderperson Vaughan requested a change in the wording of the title of Item 11.1 - An Ordinance Amending Chapter 152; the title should read “An Ordinance Amending the Title of Chapter 152 of the City of Ithaca Municipal Code”. Unfinished Business: Alderperson Cogan requested that a status report on the Cayuga Green project be added to the agenda. No Council member objected October 2, 2002 2 New Business: Mayor Cohen requested the addition of Item 13.3- Discussion and Possible Resolution on a Capital Project Amendment for the Cayuga-Green at Six Mile Creek Project. No Council member objected COMMUNICATIONS/PROCLAMATIONS City Clerk Holcomb read a statement submitted by Carol Fay, City of Ithaca regarding Common Council members making statements on foreign policy that reflect their individual thoughts and not those of their constituencies. City Clerk Holcomb read the following public announcement from the IURA Department: “COMMUNITY DEVELOPMENT BLOCK GRANT ANNUAL PERFORMANCE ASSESSMENT REPORT'S PUBLIC COMMENT PERIOD The City of Ithaca is required by the U.S. Department of Housing and Urban Development (HUD) to annually report on its progress in implementing its Community Development Block Grant (CDBG) Program. The annual report, known as the Performance Assessment Report (PAR), is available for public comment. The City has prepared a PAR for its CDBG funded programs of 1996 (a 3-year comprehensive grant), 1997, 1998 and 1999. These reports outline the activities funded by each grant and measure their respective performances. (Activities funded after 1999 are administered by the NY Governor's Office for Small Cities and subject to different reporting requirements). Copies of the PAR will be available for review from October 24 to October 30, 2002 in the City's Community Development Office, Third Floor, City Hall, 108 East Green Street, Ithaca, New York. Citizens should comment in writing to the address above before 4:30 PM on October 30, 2002. These comments will be forwarded to HUD.” Mayor Cohen proclaimed the week of October 6-12, 2002 as Cornell Cooperative Extension Week and National 4-H Week in the City of Ithaca. Mayor Cohen proclaimed October 2002 as Domestic Violence Awareness Month in the City of Ithaca. Mayor Cohen proclaimed October 2002 as Disability Employment Awareness Month in the City of Ithaca. SPECIAL ORDER OF BUSINESS: 5.1 A Public Hearing to Consider the Adoption of the Economic Development Plan as Part of the City’s Comprehensive Plan Resolution to Open Public Hearing: By Alderperson Whitmore: Seconded by Alderperson Pryor RESOLVED, That the Public Hearing to Consider the Adoption of the Economic Development Plan as Part of the City’s Comprehensive Plan be declared open. Carried Unanimously The following people addressed comments to Common Council regarding inclusion of the Economic Development Plan as part of the City’s comprehensive plan: Joel Harlan, Town of Dryden Daniel Hoffman, City of Ithaca Fay Gougakis, City of Ithaca October 2, 2002 3 Resolution to Close Public Hearing: By Alderperson Hershey: Seconded by Alderperson Manos RESOLVED, That the Public Hearing to Consider the Adoption of the Economic Development Plan as Part of the City’s Comprehensive Plan be declared closed. Carried Unanimously PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: Tom Dohney, General Manager, Time Warner Cable – Cable Franchise Agreement Fay Gougakis, City of Ithaca - Student parties, Police Chief Search Joel Harlan, Town of Dryden -economic development issues, College block parties. Joseph Wetmore, Town of Ithaca – City’s FOIL Policy. Neil Oolie, City of Ithaca - City’s website, FOIL issues, and treatment of members of the public. Ray Schlather, City of Ithaca – Cable Franchise Agreement David Galezo, Chair of Tompkins County Green Party - proposed resolution on Iraq Benjamin Nichols, Town of Ulysses - proposed resolution on Iraq John Hamilton, City of Ithaca - proposed resolution on Iraq Ilonka Wloch, City of Ithaca - pollution at Cascadilla Creek under Stewart Avenue bridge and Six Mile Creek under the footbridge at Columbia Street/Ferris Place, proposed Iraq resolution Dan Hoffman, City of Ithaca – proposed resolution on Iraq Kelly Dietz – proposed resolution on Iraq. She submitted a petition with 65 signatures and 150 post cards from residents who support this resolution. John Kimball – proposed resolution on Iraq Mary Anne Grady-Flores, proposed resolution on Iraq. RESPONSE TO THE PUBLIC: City Attorney Schwab responded to comments made regarding the City’s policy on FOIL requests. City Clerk Holcomb responded to comments made about the City’s new website and what information will be provided on it. She further reported how the Clerk’s office responds to FOIL requests. Alderperson Blumenthal thanked all the people that came out to talk about the proposed resolution on Iraq. Alderperson Cogan responded to comments regarding the attendance at Cayuga Green Client Committee meetings, and concerns raised about pollution going into the creeks. Alderperson Hershey responded to comments made regarding the cable franchise agreement. CONSENT AGENDA: 8.1 Youth Bureau - Request to Amend 2002 Budget for Anonymous Donation - Resolution By Alderperson Vaughan: Seconded by Alderperson Pryor WHEREAS, the Ithaca Youth Bureau has been notified that they will be receiving an anonymous donation in the amount of $7,650.00 to support their partnership with Beverly J. Martin Elementary School and the Academic Plus after school program, and WHEREAS, the additional revenue will assist in the operation of the Academic Plus after school program; now, therefore, be it October 2, 2002 4 RESOLVED, That Common Council hereby amends the 2002 Authorized Youth Bureau Budget as follows for the purposes of accepting said anonymous donation: Increase Revenue Account: A7310-2070-1203 Community Outreach $7,650.00 Increase Appropriation Accounts: A7310-5120-1203 Part Time Seasonal $4,350.00 A7310-5460-1203 Program Supplies $2,865.00 A7310-9030-1203 FICA/Medicare $ 333.00 A7310-9040-1203 Workers’ Compensation $ 102.00 Carried Unanimously 8.2 Youth Bureau – Request to Amend 2002 Budget for Additional Revenue from Ithaca City School District - Resolution By Alderperson Vaughan: Seconded by Alderperson Pryor WHEREAS, the Ithaca Youth Bureau has been notified that they will be receiving additional revenue from the Ithaca City School District in the amount of $3,168.00 in support of their partnership with Beverly J. Martin Elementary School and the Academic Plus after school program, and WHEREAS, the additional revenue will be used to assist in the operation of the Academic Plus after school program; now, therefore, be it RESOLVED, That Common Council hereby amends the 2002 Authorized Youth Bureau Budget as follows: Increase Revenue Account: A7310-3820-1203 Community Outreach $3,168.00 Increase Appropriation Accounts: A7310-5120-1203 Part Time Seasonal $2,880.00 A7310-9030-1203 FICA/Medicare $ 221.00 A7310-9040-1203 Workers’ Compensation $ 67.00 Carried Unanimously 8.3 Youth Bureau - Request to Amend Authorized Personnel Roster: By Alderperson Vaughan: Seconded by Alderperson Pryor WHEREAS, Monica Bosworth, a member of the Youth Bureau Outing Program staff, has requested permission to reduce her hours for personal reasons, and WHEREAS, by using temporary/seasonal staff, the Youth Bureau may honor her request without significantly impacting its services, now therefore be it RESOLVED, That Common Council hereby amends the 2002 Authorized Personnel Roster for the Youth Bureau as follows: One (1) Youth Development Program Leader (Outing Program) reduction in hours from 35 hours per week to 21 hours per week from October 7, 2002 until January 1, 2003. and, be it further October 2, 2002 5 RESOLVED, That Common Council authorizes the transfer of $2382.00 from account A7310-110-1221 to Account # A7310-120-1221. Carried Unanimously 8.4 City Attorney’s Office - Request to Increase Hours of the Assistant City Attorney - Resolution By Alderperson Vaughan: Seconded by Alderperson Pryor WHEREAS, the incumbent Assistant City Attorney sought a reduction in hours from full- time to part-time, and WHEREAS, Common Council thereafter divided the full-time Assistant City Attorney position into two part-time Assistant City Attorney positions, not to exceed a combined total of 40 hours per week, at its regularly scheduled meeting on April 3, 2002, and WHEREAS, the Assistant City Attorney reduced her hours from 40 hours per week to 30 hours per week commencing May 13, 2002, and WHEREAS, the City Attorney’s Office has made a diligent search for a qualified attorney to fill the additional part time Assistant City Attorney position, and WHEREAS, to date, no candidate for the additional part time Assistant City Attorney position has met the needs of the City Attorney’s Office, and WHEREAS, the City Attorney’s Office has pressing legal needs that can only be met by a licensed attorney, and WHEREAS, the incumbent is willing to return to full-time during the winter months, now therefore, be it RESOLVED, That the incumbent Assistant City Attorney’s hours be increased to 40 hours per week, for a period of six (6) months, from October 15, 2002 until April 15, 2003, or until such time as an additional part-time Assistant City Attorney is hired, whichever comes first. Carried Unanimously PLANNING & ECONOMIC COMMITTEE: Alderperson Manos provided a brief history on the creation of the Economic Development Plan. 10.1 Adoption of Economic Development Plan as Part of the City’s Comprehensive Plan: A. Declaration of Lead Agency - Resolution By Alderperson Manos: Seconded by Alderperson Pryor WHEREAS, State Law and Section 176.6 of the City Code require that a lead agency be established for conducting environmental review of projects in accordance with local and state environmental law, and WHEREAS, State Law specifies that for actions governed by local environmental review, the lead agency shall be that local agency which has primary responsibility for approving and funding or carrying out the action, and WHEREAS, the proposed adoption of the Economic Development Plan is a "Type I" Action pursuant to CEQR which requires review under the City's Environmental Quality Review Ordinance; now, therefore, be it October 2, 2002 6 RESOLVED, That Common Council of the City of Ithaca does hereby declare itself lead agency for the environmental review of the proposed adoption of the Economic Development Plan. Carried Unanimously 10.1B. Determination of Environmental Significance - Resolution: By Alderperson Manos: Seconded by Alderperson Hershey WHEREAS, the City of Ithaca is proposing the adoption of the September 1998 Economic Development Plan for the City of Ithaca prepared by Planning/Environmental Research Consultants including the September 4, 2001 addendum prepared by planning staff, and WHEREAS, appropriate environmental review has been conducted including the preparation of the Long Environmental Assessment Forms (LEAF), and WHEREAS, the Economic Development Plan has been reviewed by the Tompkins County Planning Department Pursuant to §239-l–m of the New York State General Municipal Law, which requires all actions within 500 feet of a county or state facility, including county and state highways, be reviewed by the County Planning Department, and has also been reviewed by the City of Ithaca Conservation Advisory Council, and WHEREAS, the proposed action is a Type I Action under the City Environmental Quality Review Act (CEQR Sec.176-12B), and WHEREAS, the Common Council of the City of Ithaca, acting as Lead Agency, reviewed the LEAF prepared by planning staff and has determined that adoption of the proposed Economic Development Plan and addendum will not have a significant effect on the environment; now, therefore, be it RESOLVED, That this Common Council, as lead agency in this matter, hereby adopts as its own, the finding and conclusions more fully set forth on the Long Environmental Assessment Form, and be it further RESOLVED, That this Common Council, as lead agency in this matter, hereby determines that the proposed action at issue will not have a significant effect on the environment, and that further environmental review is unnecessary, and be it further RESOLVED, That this resolution constitutes notice of this negative declaration and that the City Clerk is hereby directed to file a copy of the same, together with any attachments, in the City Clerk’s Office, and forward the same to any other parties as required by law. Alderperson Peterson questioned whether the Conservation Advisory Council (CAC) reviewed this recommendation. Director of Planning and Development VanCort responded that this question has been duly circulated, which would include the CAC. Alderperson Blumenthal stated that she can’t give you the dates of the meetings, but the CAC did make comments that weren’t circulated for this meeting. Further discussion followed on the floor regarding the intended use of the plan. A vote on the resolution resulted as follows: Carried Unanimously October 2, 2002 7 10.1C. Adoption of the Economic Development Plan - Resolution: By Alderperson Manos: Seconded by Alderperson Pryor WHEREAS, the City of Ithaca Common Council recognizes that the proposed Economic Development Plan for the City of Ithaca, dated September 1998 and prepared by Planning/Environmental Research Consultants, contains recommendations for future uses of certain sections of the city, based on the findings of this study, and WHEREAS, the City of Ithaca Common Council has reviewed and discussed issues raised by the public, and an addendum was proposed and incorporated in response to comments made by City boards and the public, and WHEREAS, members of the Common Council recognize that the Economic Development Plan is conceptual in nature and that as specific projects are proposed, they will be subject to environmental review in accordance with SEQR and CEQR and site plan review in accordance with the City of Ithaca Site Development Plan Review Ordinance, and WHEREAS, members of the Common Council recognize that the Economic Development Plan includes sufficient flexibility for future decision-makers to allow for the implementation of items proposed in the Plan without being constrained to specific prescriptions that may be contained therein, and WHEREAS, the required public hearings have been held for the adoption of the Plan on February 7, 2001 and on October 2, 2002, and WHEREAS, the City of Ithaca Common Council, as lead agency in this matter, has on October 2, 2002, determined that the proposed action will not have a significant effect on the environment, and that further environmental review is unnecessary, and, now be it RESOLVED, That the City of Ithaca Common Council hereby adopts the September 1998 Economic Development Plan, including the addendum, as a component of the City of Ithaca’s Comprehensive Plan. Discussion followed on the floor regarding City regulations governing land use and development and how that impacts the City’s Environmental Quality Review Act. City Attorney Schwab stated that the Economic Development plan does not have the force of law. The City CEQR has the force of law, and would supercede anything in the comprehensive economic development plan. Alderperson Cogan stated that there are a number of things in this economic development plan that he can’t support, and he is having a hard time supporting the Resolution, because once he votes on it there is no indication that he didn’t support certain elements of it. Mayor Cohen suggested that as there appears be interest in the appendices that were not been distributed in the agenda packets, the motion should be tabled until Council members were comfortable with the language. Motion to Table: By Alderperson Hershey: Seconded by Alderperson Cogan RESOLVED, That this discussion be tabled pending the availability of the entire proposal for all of Council to examine. Carried Unanimously October 2, 2002 8 BUDGET & ADMINISTRATION COMMITTEE 2003 Budget Message: Mayor Cohen announced that he would deliver a formal budget message on Tuesday, October 8, 2003 at the first budget hearing. He reviewed some of the highlights of the message: The property tax increase in the proposed 2003 budget is 5%, which is considerably more than the rate of inflation. There are 25 different positions that are impacted by this budget including a reduction of 16 positions that affects 6 people that are actively on the payroll right now. The other ten positions are vacancies that are currently funded, but will not be funded in this budget. There are three positions that are reconfigured and actually reduced in salary as they go from full-time to a different full- time title, and 6 other full-time positions that are reduced to half-time positions. The 6 active employees impacted include a Permit Clerk in the Engineering Division, the Traffic Engineer, 2 Fire Fighters, the Development Director from the Fire Department and a Laborer from the Streets and Facilities Division. The vacancies that will not be funded include 3 Police Officers, a Building Systems Maintainer, a Tree Trimmer, a Youth Bureau Receptionist, a Recreation Assistant at GIAC, a DPW Truck Driver, and a Bridge Working Supervisor in DPW. The Junior Engineer, and the Engineering Technician in the Engineering Division are being transferred to the Water and Sewer Division where there are two existing engineering vacancies. There is also a shift of a Truck Driver from the Streets and Facilities budget to the Solid Waste Budget. Common Council requested that the Mayor provide them with the actual roster concerning the positions affected by the budget. The Mayor will attempt to provide this to Council before their meeting on October 8, 2003. Mayor Cohen further reported that the City’s debt limit situation is improved as the tax base is higher which allows our debt limit to be higher, and we have actually paid down some of our bonding debt. The proceeds from the sale of Carpenter Business Park are included as revenues in this budget. The water rate is slated to increase 3%, the sewer rate 10%, trash tags fees are proposed to go up .25 per half tag and full tag, and the revenue projections include the assumption that yard waste will now require trash tags as well. The community service agency funding is completely eliminated in this budget. There are also no salary increases for department heads, deputies and other management personnel. Liability insurance has increased 15%, workers’ compensation has increased at approximately the same rate, health insurance has increased 30%, and retirement rates for the police and fire retirement system have increased 182%, and there is an increase of 115% for the rest of our employees for the State Retirement system. The unrestricted contingency fund is being proposed at $90,000 instead of $100,000 this year. INHS monies are proposed to be paid from the Urban Renewal Agency. The IURA is also slated to underwrite some of the Planning Department salary expenses related to the Cayuga Green Project. A number of revenues have increased - site development fees and building fees were adjusted. There are significant increases in the Youth Bureau fees, and there is another increase scheduled from the Cornell payment. Parking rates are unchanged in this budget, and projected revenues have been decreased to reflect the construction activity that is slated next year for the Cayuga Green Project. The budget was prepared assuming that a Cayuga parking garage would be built first, and the Green parking garage would be started sometime in September of 2003. Also incorporated into the franchise fee revenues is the assumption that there will be an accommodation for the City to be paying for public access. October 2, 2002 9 11.1 An Ordinance Amending the Title of Chapter 152 of the City of Ithaca Municipal Code Entitled “Cable Communications Systems” (To be distributed under separate cover) This item was withdrawn from the agenda. 11.2 An Ordinance Adopting Article I of Chapter 152 of the Code of the City of Ithaca entitled “Cable Television Regulatory Ordinance” (to be distributed under separate cover) This item was withdrawn from the agenda. 11.3 An Ordinance Adopting Article II of Chapter 152 of the Code of the City of Ithaca entitled “Telecommunications Ordinance” (To be distributed under separate cover) This item was withdrawn from the agenda. 11.4 Withdrawal from Consortium - Resolution: By Alderperson Vaughan: Seconded by Alderperson Blumenthal WHEREAS, on or about July 7, 1998, the City of Ithaca and several surrounding towns and villages, namely the Town of Ithaca, the Town of Caroline, the Village of Lansing, the Village of Trumansburg, the Village of Dryden, the village of Cayuga Heights, the village of Freeville, the Town of Groton, the Town of Lansing, and the Town of Ulysses, entered into an agreement to be “full partners in the negotiation process with the cable operator” for renewal of the cable television franchise with Time Warner Entertainment- Advance/Newhouse Partnership, d/b/a/ as Time Warner Cable, and WHEREAS, pursuant to said agreement, the City of Ithaca and said towns and villages (the “Consortium”) entered into protracted negotiations with Time Warner Cable, and WHEREAS, over the course of time it has become apparent that the cable television interests of the City of Ithaca and those of other signatories to the agreement are no longer compatible, and WHEREAS, it has come to the attention of the City of Ithaca that one or more towns and/or villages has formally withdrawn from members in the Consortium by resolution of their legislative bodies, now therefore be it RESOLVED, That Common Council hereby formally withdraws from the Consortium, and be it further RESOLVED, That the City of Ithaca will independently proceed with negotiations for a cable television franchise agreement to provide cable television services to the City of Ithaca. Carried Unanimously HUMAN RESOURCES COMMITTEE: 12.1 Youth Bureau - Request to Amend Authorized Personnel Roster - Resolution: By Alderperson Peterson: Seconded by Alderperson Whitmore WHEREAS, the Youth Bureau Office Manager position operates similar to a chief financial operator, and WHEREAS, because the Office Manager position is currently vacant, the Youth Bureau has taken this opportunity to assess the work that is actually performed by the Office Manager, and WHEREAS, as a result, the Youth Bureau has identified the Fiscal Manager job title as more accurately reflecting the work that is being performed, and October 2, 2002 10 WHEREAS, replacing the Office Manager position with a Fiscal Manager position will be a budget neutral action for 2002, and WHEREAS, this position is critical in ensuring a smooth front office operation that handles roughly 8000 registrations each year and $1.6 million in fees and revenues, now therefore be it RESOLVED, That Common Council hereby amends the Youth Bureau Personnel Roster as follows: Delete: One (1) Office Manager Add: One (1) Fiscal Manager Discussion followed on the floor regarding 2003 budget impacts. A vote on the resolution resulted as follows: Carried Unanimously 12.2 Police Department - Request to Create a Temporary Lieutenant Position - Resolution: By Alderperson Peterson: Seconded by Alderperson Hershey WHEREAS, the Acting Chief of Police has identified an urgent need to create a temporary Lieutenant’s position to supervise and coordinate the department’s specialized units, and WHEREAS, the Acting Chief of Police and the Deputy Chief of Police are directly supervising the specialized units, which are comprised of 31 positions, themselves, and WHEREAS, the responsibility of running the Police Department without direct supervision of these units is extremely demanding in itself, now therefore be it RESOLVED, That Common Council hereby amends the Ithaca Police Department Personnel Roster as follows: Add: One (1) Temporary Lieutenant and be it further RESOLVED, That consistent with Civil Service Law, this temporary Lieutenant position shall exist no more than twelve (12) months. Discussion followed on the floor with Alderperson Blumenthal introducing the following proposed Resolution that had been distributed to Council before the meeting: “WHEREAS, the Acting Chief of Police has identified an urgent need to create a temporary Lieutenant’s position to supervise and coordinate the department’s specialized units, and WHEREAS, the Acting Chief of Police and the Deputy Chief of Police are directly supervising the specialized units, which are comprised of 31 positions, [themselves], due to two vacant Deputy Chief positions, and [WHEREAS, the responsibility of running the Police Department without direct supervision of these units is extremely demanding in itself, now therefore be it] WHEREAS, it is a violation of the principle and practice of the chain of command to allow police officers direct access to the highest levels of the organization, and October 2, 2002 11 WHEREAS, the Acting Police Chief is interested in creating a temporary Lieutenant position to supervise auxiliary units that would be grouped under the title of Special Operations, and WHEREAS, the temporary Lieutenant would supervise personnel in the specialized units of the department, and WHEREAS, this position is intended to be temporary to overlap with the appointment of a new police chief, who may decide to reorganize the department in a different manner, now therefore be it RESOLVED, That Common Council hereby amends the Ithaca Police Department Personnel Roster as follows: Add: One (1) Temporary Lieutenant and be it further RESOLVED, That the amount of $1,035 be derived from funds currently existing elsewhere within the Police Department budget and be it further RESOLVED, That consistent with Civil Service Law, this temporary Lieutenant position shall exist no more than twelve (12) months. Extensive discussion followed on the floor regarding potential budget impacts. Alderperson Manos stated that she is not prepared to support this as it is her understanding that this was not discussed with the union even though there are regular labor management discussions. She further stated that in light of the proposed 2003 budget, she can’t support funding this new position. Advice of Counsel Session: On a motion Common Council adjourned to seek the advice of counsel at 11:10 p.m. and reconvened at 11:25 p.m. EXECUTIVE SESSION: By Alderperson Peterson: Seconded by Alderperson Whitmore RESOLVED, That Common Council adjourn into Executive Session to discuss the employment history of an individual employee and collective bargaining. Carried Unanimously REGULAR SESSION: Common Council reconvened into regular session with no formal action taken during the executive session. Amending Resolution: By Alderperson Pryor: Seconded by Alderperson Whitmore RESOLVED, That the following Resolved clause be added to the resolution: RESOLVED, That the $1,035.00 in funds necessary for this position until the end of year be derived from the currently existing department budget. Carried Unanimously Amending Resolution: By Alderperson Blumenthal: Seconded by Alderperson Pryor RESOLVED, That the following Whereas clauses be added to the resolution: “WHEREAS, the Acting Chief of Police and the Deputy Chief of Police are directly supervising the specialized units, which are comprised of 31 positions, and” October 2, 2002 12 WHEREAS, when the Police Chief or Deputy Police Chief must directly supervise police officers it takes these administrators away from other important tasks of running the police department, and WHEREAS, the Acting Police Chief is interested in creating a temporary Lieutenant position to supervise auxiliary units that would be grouped under the title of Special Operations, and WHEREAS, the temporary Lieutenant would supervise personnel in the specialized units of the department, and WHEREAS, this position is intended to be temporary to overlap with the appointment of a new police chief, who may decide to reorganize the department in a different manner, now therefore be it Ayes (8) Pryor, Sams, Whitmore, Vaughan, Blumenthal, Peterson, Hershey, Cogan Nays (1) Manos Carried Amending Resolution: By Alderperson Peterson: Seconded by Alderperson Hershey RESOLVED, That the sixth Whereas clause be amended to read as follows: “WHEREAS, this position should be temporary because any chief appointed on a permanent basis may decide to re-organize the department in a different manner.” Discussion followed on the floor regarding the proposed language. A vote on the Amending Resolution resulted as follows: Ayes: (7) Blumenthal, Pryor, Vaughan, Cogan, Whitmore, Peterson, Hershey Nays: (2) Manos, Sams Carried Main Motion As Amended: A vote on the Main Motion as amended resulted as follows: Ayes (7) Blumenthal, Vaughan, Pryor, Cogan, Whitmore, Hershey, Peterson Nays (1) Manos Abstention: (1) Sams - conflict of interest Carried The Resolution as Amended reads as follows: “Police Department - Request to Create a Temporary Lieutenant Position - Resolution: WHEREAS, the Acting Chief of Police has identified an urgent need to create a temporary Lieutenant’s position to supervise and coordinate the department’s specialized units, and WHEREAS, the Acting Chief of Police and the Deputy Chief of Police are directly supervising the specialized units, which are comprised of 31 positions, and WHEREAS, when the Police Chief or Deputy Police Chief must directly supervise police officers it takes these administrators away from other important tasks of running the police department, and October 2, 2002 13 WHEREAS, the Acting Police Chief is interested in creating a temporary Lieutenant position to supervise auxiliary units that would be grouped under the title of Special Operations, and WHEREAS, the temporary Lieutenant would supervise personnel in the specialized units of the department, and WHEREAS, this position should be temporary because any chief appointed on a permanent basis may decide to re-organize the department in a different manner; now, therefore, be it RESOLVED, That Common Council hereby amends the Ithaca Police Department Personnel Roster as follows: Add: One (1) Temporary Lieutenant and be it further RESOLVED, That consistent with Civil Service Law, this temporary Lieutenant position shall exist no more than twelve (12) months, and, be it further RESOLVED, That the $1,035.00 in funds necessary for this position until the end of year be derived from the currently existing department budget.” 12.3 Extension of Supplemental Military Leave - Resolution: By Alderperson Peterson: Seconded by Alderperson Blumenthal WHEREAS, on November 7, 2001 Common Council passed a resolution extending Supplemental Military Leave benefits until September 10, 2002, the cost of which was to be derived from within the impacted department’s budget lines and WHEREAS, September 10, 2002 has passed and there continues to be a need for Military readiness resulting in longer than anticipated tours of duty, and WHEREAS, it continues to be the desire of Common Council to ease the financial strain on the families of those Reservists continuing to serve their country resulting from the September 11, 2001 terrorist attacks on the United States by extending their health insurance benefits through February 28, 2003, now therefore be it RESOLVED, That upon the signing of a Memorandum of Understanding with CSEA Administrative Unit, CSEA Department of Public Works Unit, Police Benevolent Association, Ithaca Paid Fire Fighters, Chief Officers Unit, and the Executive Association, the City will continue to pay the difference in pay between military and base City salary to such City employees in the Reserves or National Guard who are called to serve their country resulting from the September 11, 2001 terrorist attacks on the United States, except in the event that military pay exceeds or equals City salary, through February 28, 2003, and be it further RESOLVED, That upon the signing of a Memorandum of Understanding with CSEA Administrative Unit, CSEA Department of Public Works Unit, Police Benevolent Association, Ithaca Paid Fire Fighters, Chief Officers Unit, and the Executive Association, the City will hereby continue individual and family health insurance coverage through February 28, 2003 for those employees called to active military duty resulting from the September 11, 2001 terrorist attacks on the United States. Discussion followed on the floor regarding where the funds for this action would be derived from. October 2, 2002 14 Amending Resolution: By Alderperson Pryor: Seconded by Alderperson Manos RESOLVED, That the following Resolved clause be added to the resolution: “RESOLVED, That the funding for this benefit will come from existing budget lines.” Carried Unanimously Main Motion As Amended: A vote on the Resolution as Amended resulted as follows: Carried Unanimously 12.4 Position Review Committee Decisions - Report Alderperson Peterson reported that Fire Chief Wilbur addressed the Human Resources Committee to appeal the decision of the Position Review Committee to deny the hiring of a full-time Account Clerk Typist. The HR Committee upheld the decision of the PR Committee in relation to the up-coming discussions on the proposed 2003 budget. NEW BUSINESS: 13.1 Opposition to War in Iraq - Resolution: By Alderperson Blumenthal: Seconded by Alderperson Hershey WHEREAS, President Bush is asking the United States Senate and House of Representatives to authorize a preemptive war on Iraq, and WHEREAS, based on current information no proven linkage has been made between the horrific terrorist attack on the World Trade Center on September 11, 2001 and the government of Iraq, and WHEREAS, many knowledgeable individuals, including former U.N. chief weapons inspector Ritter, have disputed the President's contention that Iraq possesses weapons of mass destruction that could be a danger to the United States, and WHEREAS, while the Saddam Hussein regime is a danger to his own people and neighboring nations in the Middle East, the President has not demonstrated that Iraq is an immediate threat to this country, and WHEREAS, the U.S. needs the moral and strategic support of France, Russia, China, the Arab States, and others to eradicate terrorism, and WHEREAS, this support would be undermined by our unilateral action, and WHEREAS, diplomatic solutions have not been exhausted and the international community has not lent its support for war against Iraq, and WHEREAS, a war with Iraq will jeopardize the lives of American soldiers and will kill many innocent Iraqi civilians, who have already suffered enormously under Saddam Hussein's rule and United Nations sanctions, and WHEREAS, a war with Iraq would threaten to further destabilize the Middle East, possibly leading to a wider, regional war and increased support for Al Qaeda and other groups dedicated to terrorism, making the citizens of the United States and the world less safe, and WHEREAS, a war will cost billions of dollars and could stall the U.S. economy, prolonging and deepening the current recession, now therefore be it RESOLVED, That, absent new evidence or events that dramatically change the present situation, Common Council urges the city's representatives in Congress (Senator Hillary Rodham Clinton, Senator Charles Schumer, and Congressman Maurice Hinchey) to October 2, 2002 15 vote against any resolution in Congress that would allow the President to declare war on Iraq. Extensive discussion followed on the floor with Common Council members expressing their thoughts regarding the Resolution, and the role of elected officials to express the voice of their constituents. Mayor Cohen stated that he supports this resolution but with the reservation that the public has not been fully informed of the reasons for the President’s proposed action. He stated that often times elected officials have more information then is released to the public in order to protect national security. Alderperson Hershey respectfully suggested that if this resolution should pass, that the City Clerk impart this information to the three people mentioned as officially and rapidly as possible. A vote on the resolution resulted as follows: Carried Unanimously RECESS: By Alderperson Vaughan: Seconded by Alderperson Manos RESOLVED, That this meeting be recessed until 6:45 p.m. on Tuesday, October 8, 2002. Carried Unanimously ________________________ _______________________ Julie Conley Holcomb, CMC Alan J. Cohen, City Clerk Mayor