HomeMy WebLinkAboutMN-CC-2002-12-04 COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 7:00 pm December 4, 2002
PRESENT:
Mayor Cohen
Alderpersons (10) Manos, Pryor, Sams, Whitmore, Vaughan, Blumenthal,
Mack, Peterson, Cogan, Hershey
OTHERS PRESENT:
City Clerk – Conley Holcomb
City Attorney – Schwab
City Controller – Thayer
Deputy Planning and Development Director – Cornish
Superintendent of Public Works – Gray
Human Resources Director – Michell-Nunn
Fire Chief – Wilbur
City Prosecutor - McCarthy
PLEDGE OF ALLEGIANCE:
Mayor Cohen led all present in the Pledge of Allegiance to the American Flag.
ADDITIONS TO OR DELETIONS FROM THE AGENDA:
Human Resources Committee:
Alderperson Peterson requested that Consent Agenda Item 8.1 – Youth Bureau –
Establishment of Standard Work Week – Resolution, be removed from the consent
agenda and become Item 10.4 on the Human Resources Committee agenda.
Alderperson Peterson further requested the addition of Item 10.5 - City Attorney’s Office
Appointment – Resolution.
No Council member objected.
New Business:
Mayor Cohen requested the addition of Item 13.1 - Sewer Briefing.
No Council member objected.
SPECIAL ORDER OF BUSINESS:
Pride of Ownership Awards:
Alderperson Blumenthal and the members of the nominating committee presented the
following 2002 Pride of Ownership Awards:
Residential Owner-Occupied
Andrew and Betsy Magre – 413 East Buffalo Street.
Scott Heald and David Mitchell – 402 Esty Street gardens.
Residential Rental
David and Steven Beer – 209 College Avenue.
Commercial
Alternatives Federal Credit Union – 125 N. Fulton Street.
Mark Chandler – Crossroads Life Center Carriage House – 305 Stewart Avenue.
December 4, 2002
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Special Recognition
Temple Beth El, Rabbi Scott Levi Glass Education & Program Center Courtyard
Building – 404 North Tioga Street.
Rick Manning – Cayuga Waterfront Trail Initiative, City of Ithaca.
Andy Hillman – City Forester, City of Ithaca
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
The following people addressed Common Council regarding concerns regarding the
proposed concrete bulkhead in flood control channel in conjunction with the Inlet Island
Promenade:
Anita Brenner Melanie Onufnueff
Michael Cody Tony Johnson
Ross Blankenship Jim Lister
Herb Gottfried Frank Collier
Nafis Smith Mark Harrison
Per Ostman Nicole Sylvester
Sarah Repicky
The following people address Common Council for other issues:
Fay Gougakis
Joel Harlan
Neil Oolie
Recess:
As a result of Ms. Gougakis not following the three-minute time limit, Common Council
recessed at 8:33 p.m.
Reconvene:
Common Council reconvened at 8:39 p.m.
RESPONSE TO PUBLIC:
The following Council members responded to comments made by the public:
Alderperson Mack
Alderperson Vaughan
Alderperson Blumenthal
Alderperson Hershey
Alderperson Sams
Alderperson Cogan
Mayor Cohen
Upon request of Common Council the Inlet Island Promenade Project will be discussed
further under New Business.
BUDGET & ADMINISTRATION COMMITTEE:
9.1 An Ordinance Amending Chapter 181 Fire Prevention, Article I Firesafety,
Section 181-3(B) Fire Alarms
By Alderperson Vaughan: Seconded by Alderperson Manos
WHEREAS, the Ithaca Fire Department responds to an unusually high number of false
alarms, such rate being approximately two times the rate for the rest of New York State,
and three times the national rate; and,
WHEREAS, many of these false alarms are the expected and anticipated result of the
high number of buildings protected with automatic fire detection and alarm systems
which are functioning as expected, and such systems are an important part of the
community fire protection system; and,
WHEREAS, this high number of protected premises is also greater than state and
national averages; and,
December 4, 2002
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WHEREAS, many false and unnecessary alarms are caused by workers not taking
reasonable, feasible, and adequate precautions against activating the fire alarm in a
building as the result of their construction, maintenance, cleaning, or other legitimate
activity in the building; and,
WHEREAS, overall fire protective system operation and maintenance, including
reduction of false alarms, will be enhanced by insuring these systems are appropriately
and temporarily protected while building construction or building maintenance activities
occur in areas where such equipment is located; and,
WHEREAS, both the existing and new, New York State Uniform Fire Prevention and
Building Codes provide for the temporary impairment of fire protective systems for drills,
maintenance periods, emergencies or prescribed testing (9NYCRR1193.1(b) and
§901.7 respectively); and,
WHEREAS, many false alarms are received as the result of the outcome of other bad
acts, such as vandalism or pranksterism, the results of which cause a fire detection
device to activate, which then results in a fire department response; and,
WHEREAS, the Fire Department has systems in place to insure that during building,
construction or maintenance activities, adequate alternative fire protection exists, and
WHEREAS, the effect of a false alarm on the community’s fire protection system is
extremely debilitating; now therefore,
ORDINANCE NO. 02-
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, New
York, as follows:
Section 1. Legislative Intent
The City of Ithaca Municipal Code, Chapter 181, Article I, Entitled “Firesafety” is hereby
amended to include a new section, which shall make it a violation for anyone to cause
an alarm to be initiated as the result of:
1) any construction, maintenance, cleaning or other activity, which has been
undertaken without first insuring that any fire protective system is first isolated
from the effects of such work; or
2) vandalism or pranksterism, the results of which cause a fire detection or other
device to activate, which then results in a fire department response.
Section 2. Amended Language
Section 181-3(B) Entitled “Fire Alarms” is hereby amended to
read as follows:
B. False alarms. No person shall intentionally give or cause to be given a false
alarm of fire.
1.) No person shall engage in deliberate or careless conduct which
shall result in a false alarm of fire to be transmitted in any fashion.
a) Construction/maintenance activities: No person, who will
perform maintenance, construction, cleaning, or other such
activities which are likely to activate a fire detection or fire
suppression system device in a building protected by a fire
detection or suppression system, shall initiate any such activities
until such time as they have determined that the fire detection or
fire suppression system has been properly protected against
inadvertent activation of such system. Protective measures
include, but are not limited to, device and/or zone isolation, or
system isolation. When any question exists as to whether or not
such system has been properly isolated, the fire department shall
be consulted prior to any such work commencing.
December 4, 2002
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Section 3. Effective Date
This Ordinance shall take effect immediately and in accordance with law upon
publication of notice as provided in the Ithaca City Charter and Code.
Ayes (9) Manos, Pryor, Sams, Whitmore, Vaughan, Blumenthal, Mack,
Peterson, Cogan, Hershey
Nays (0)
Abstentions (1) Sams
Carried
9.2 Mayor – Request to Use Remaining 2002 Unrestricted Contingency Funds
By Alderperson Vaughan: Seconded by Alderperson Sams
WHEREAS, the 2002 Unrestricted Contingency account will have a remaining balance of
$28,490 without any further requests for funds, and
WHEREAS, the Controller may need some or all of the 2002 remaining Unrestricted
Contingency funds to assist with balancing the 2002 Budget; now, therefore, be it
RESOLVED, That Common Council hereby authorizes the City Controller to carry forward
the remaining 2002 Unrestricted Contingency funds, less any funds needed for the 2002
balancing of the budget, to 2003, and be it further
RESOLVED, That said 2002 Unrestricted Contingency balance, if available, shall be used
for the following:
Neighborhood Incentive Fund 2003 $ 2,500
Carry Forward to 2003 Unrestricted Contingency$25,990
and be it further
RESOLVED, Shortly after the start of fiscal year 2003, Common Council shall discuss the
carry-forward amount from 2002 and determine possible uses and process of allocation of
any funds available as determined by the City Controller.
Mayor Cohen explained that the 2002 accounts will not be closed until February 2003, so
Common Council will not be able to allocate funds until March, 2003.
A vote on the Resolution resulted as follows:
Carried Unanimously
9.3 Finance/Controller – Bond Resolution
By Alderperson Vaughan: Seconded by Alderperson Pryor
BOND RESOLUTION DATED DECEMBER 4, 2002.
A RESOLUTION AUTHORIZING THE ISSUANCE OF $3,158,147 SERIAL
BONDS OF THE CITY OF ITHACA, TOMPKINS COUNTY, NEW YORK, TO PAY
THE COST OF VARIOUS OBJECTS OR PURPOSES IN AND FOR SAID CITY.
WHEREAS, all conditions precedent to the financing of the capital projects
hereinafter described, including compliance with the provisions of the State Environmental
Quality Review Act, have been performed; and
WHEREAS, it is now desired to authorize the financing of such capital projects;
NOW, THEREFORE, BE IT
RESOLVED, by the Common Council of the City of Ithaca, Tompkins County, New
York, as follows:
December 4, 2002
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Section 1. For the specific objects or purposes or classes of objects or purposes
of paying the costs of the following capital improvements in and for the City of Ithaca,
Tompkins County, New York, there are hereby authorized to be issued $3,158,147 serial
bonds of said City pursuant to the provisions of the Local Finance Law, apportioned
among such improvements in accordance with the maximum estimated cost of each.
Such improvements are as follows:
a) The design and purchase and installation of a new water main to relocate the
existing water main in the City’s Lot D Parking Lot in furtherance of the Cayuga
Green Development Project, including incidental improvements and expenses in
connection therewith, at a maximum estimated cost of $150,000. It is hereby
determined that the period of probable usefulness of the aforesaid specific object or
purpose is forty years, pursuant to subdivision 1 of paragraph a of Section 11.00 of
the Local Finance Law;
b) To pay the cost of a 2003 street and road construction program to be undertaken
by Department of Public Work employees, throughout and in and for said City,
including incidental improvements and expenses in connection therewith, at a
maximum estimated cost of $1,044,600. It is hereby determined that the period of
probable usefulness of the aforesaid class of objects or purposes is fifteen years,
pursuant to subdivision 20(c) of paragraph a of Section 11.00 of the Local Finance
Law;
c) To pay the cost of partial reconstruction of the Seneca Street parking garage, in
and for the City, including incidental improvements and expenses in connection
therewith, at a maximum estimated cost of $975,000. It is hereby determined that
the period of probable usefulness of the aforesaid specific object or purpose is
twenty years pursuant to subdivision 12(a)(1) of paragraph a of Section 11.00 of the
Local Finance Law;
d) To pay the cost of street and road improvements for traffic calming purposes,
throughout and in and for said City, including incidental improvements and
expenses in connection therewith, at a maximum estimated cost of $112,000. It is
hereby determined that the period of probable usefulness of the aforesaid class of
objects or purposes is fifteen years, pursuant to subdivision 20(c) of paragraph a of
Section 11.00 of the Local Finance Law;
e) To pay the cost of the reconstruction of the Clinton and Cayuga Street intersection,
in and for said City, including incidental improvements and expenses in connection
therewith, at a maximum estimated cost of $66,000. It is hereby determined that
the period of probable usefulness of the aforesaid specific object or purpose is
fifteen years, pursuant to subdivision 20(c) of paragraph a of Section 11.00 of the
Local Finance Law;
f) To pay additional costs of the acquisition and installation of City computer network
improvements, including incidental expenses in connection therewith, at a
maximum estimated cost of $971,201 (including the $346,050 serial bonds
authorized by bond resolution dated December 6, 2000 and the $330,604 serial
bonds authorized by bond resolution dated December 19, 2001); revised maximum
estimated cost of this class of objects or purposes is now $971,201; amount of
serial bonds authorized by this bond resolution, $294,547. It is hereby determined
that the period of probable usefulness of the aforesaid class of objects or purposes
is five years, pursuant to subdivision 32 of paragraph a of Section 11.00 of the
Local Finance Law; and
g) To pay costs of street improvements in the vicinity of the north side of the P&C
building, including incidental expenses in connection therewith, at a maximum
estimated cost of $10,000. It is hereby determined that the period of probable
usefulness of the aforesaid class of objects or purposes is fifteen years, pursuant to
subdivision 20(c) of paragraph a of Section 11.00 of the Local Finance Law; and
h) To pay costs of the design and preparation of a neighborhood master plan for
various City neighborhoods, including incidental expenses in connection therewith,
at a maximum estimated cost of $6,500. It is hereby determined that the period of
probable usefulness of the aforesaid class of objects or purposes is five years,
pursuant to subdivision 62 of paragraph a of Section 11.00 of the Local Finance
Law; and
i) To pay additional costs of the acquisition and installation of parking meters,
including incidental expenses in connection therewith, at a maximum estimated
December 4, 2002
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cost of $193,656 (including the $65,000 serial bonds authorized by bond resolution
dated December 6, 2000 and $63,656 serial bonds authorized by bond resolution
dated December 19, 2001); revised maximum estimated cost of this class of
objects or purposes is now $193,656; amount of serial bonds authorized by this
bond resolution $65,000. It is hereby determined that the period of probable
usefulness of the aforesaid class of objects or purposes is five years, pursuant to
subdivision 50 of paragraph a of Section 11.00 of the Local Finance Law; and
j) To pay additional costs of conceptual design and a hydrology and engineering
study for the Cayuga Green Development Project, including incidental expenses in
connection therewith, at a maximum estimated cost of $795,000 (including the
$500,000 serial bonds previously authorized by bond resolution dated July 24,
2002 and the $45,000 serial bonds previously authorized by bond resolution dated
December 19, 2001); revised maximum estimated cost of this specific object or
purpose is now $795,000; amount of serial bonds issued hereby is $250,000. It is
hereby determined that the period of probable usefulness of the aforesaid class of
objects or purposes is five years, pursuant to subdivision 62 of paragraph a of
Section 11.00 of the Local Finance Law; and
k) To pay the cost of the purchase of various equipment and vehicles for construction
and maintenance purposes, in and for said City, including incidental improvements
and expenses in connection therewith, each item of which costs at least $30,000, at
a maximum estimated cost of $175,000. It is hereby determined that the period of
probable usefulness of the aforesaid class of objects or purposes is fifteen years,
pursuant to subdivision 28 of paragraph a of Section 11.00 of the Local Finance
Law; and
l) To pay the cost of the purchase of various equipment and vehicles for construction
and maintenance purposes, in and for said City, including incidental improvements
and expenses in connection therewith, each item of which costs less than $15,000,
at a maximum estimated cost of $9,500. It is hereby determined that the period of
probable usefulness of the aforesaid class of objects or purposes is five years,
pursuant to subdivision 28 of paragraph a of Section 11.00 of the Local Finance
Law.
Section 2. The aggregate maximum estimated cost of the aforesaid specific
objects or purposes and classes of objects or purposes is $3,158,147, and the plan for the
financing thereof is by the issuance of the serial bonds authorized by Section 1 hereof,
allocated to each specific object or purpose or class of objects or purposes in accordance
with the maximum estimated cost of each set forth in Section 1 hereof.
Section 3. Subject to the provisions of the Local Finance Law, the power to
authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance
and sale of the serial bonds herein authorized, including renewals of such notes, is hereby
delegated to the City Controller, the chief fiscal officer. Such notes shall be of such terms,
form and contents, and shall be sold in such manner, as may be prescribed by said City
Controller, consistent with the provisions of the Local Finance Law.
Section 4. The faith and credit of said City of Ithaca, Tompkins County, New
York, are hereby irrevocably pledged for the payment of the principal of and interest on
such obligations as the same respectively become due and payable. An annual
appropriation shall be made in each year sufficient to pay the principal of and interest on
such obligations becoming due and payable in such year.
Section 5. The bonds authorized pursuant to this bond resolution shall be in fully
registered form and shall be signed in the name of the City of Ithaca, Tompkins County,
New York, by the manual or facsimile signature of the City Controller and a facsimile of its
corporate seal shall be imprinted or impressed and may be attested by the manual or
facsimile signature of the City Clerk.
Section 6. The powers and duties of advertising such bonds for sale, conducting
the sale and awarding the bonds, are hereby delegated to the City Controller, who shall
advertise such bonds for sale, conduct the sale, and award the bonds in such manner as
he shall deem best for the interests of the City, including, but not limited to, the power to
sell said serial bonds to the New York State Environmental Facilities Corporation,
December 4, 2002
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provided, however, that in the exercise of these delegated powers, he shall comply fully
with the provisions of the Local Finance Law and any order or rule of the State Comptroller
applicable to the sale of municipal bonds. The receipt of the City Controller shall be a full
acquittance to the purchaser of such bonds, who shall not be obliged to see to the
application of the purchase money.
Section 7. The power to issue and sell notes to the New York State
Environmental Facilities Corporation pursuant to Section 169.00 of the Local Finance Law
is hereby delegated to the City Controller. Such notes shall be of such terms, form and
contents as may be prescribed by said City Controller consistent with the provisions of the
Local Finance Law.
Section 8. The City Controller is hereby further authorized, at his sole discretion,
to execute a project financing and loan agreement, and any other agreements with the
New York State Department of Environmental Conservation and/or the New York State
Environmental Facilities Corporation, including amendments thereto, and including any
instruments (or amendments thereto) in the effectuation thereof, in order to effect the
financing or refinancing of the specific object or purpose described in Section 1 hereof, or
a portion thereof, by a serial bond, and, or note issue of said City in the event of the sale of
same to the New York State Environmental Facilities Corporation.
Section 9. The intent of this resolution is to give the City Controller sufficient
authority to execute those applications, agreements, instruments or to do any similar acts
necessary to effect the issuance of the aforesaid serial bonds and, or notes without
resorting to further action of this Common Council.
Section 10. All other matters, except as provided herein relating to such bonds,
including determining whether to issue such bonds having substantially level or declining
annual debt service, including prescribing whether manual or facsimile signatures shall
appear on said bonds, prescribing the method for the recording of ownership of said
bonds, appointing the fiscal agent or agents for said bonds, providing for the printing and
delivery of said bonds (and if said bonds are to be executed in the name of the City by the
facsimile signature of its City Controller, providing for the manual countersignature of a
fiscal agent or of a designated official of the City), the date, denominations, maturities and
interest payment dates, place or places of payment, and also including the consolidation
with other issues, shall be determined by the City Controller. It is hereby determined that it
is to the financial advantage of the City not to impose and collect from registered owners of
such serial bonds any charges for mailing, shipping and insuring bonds transferred or
exchanged by the fiscal agent, and, accordingly, pursuant to paragraph c of Section 70.00
of the Local Finance Law, no such charges shall be so collected by the fiscal agent. Such
bonds shall contain substantially the recital of validity clause provided for in section 52.00
of the Local Finance Law and shall otherwise be in such form and contain such recitals in
addition to those required by section 52.00 of the Local Finance Law, as the City Controller
shall determine.
Section 11. The validity of such bonds and bond anticipation notes may be
contested only if:
1) Such obligations are authorized for an object or purpose for which
said City is not authorized to expend money, or
2 The provisions of law which should be complied with at the date of
publication of this resolution are not substantially complied with,
and an action, suit or proceeding contesting such validity is commenced within twenty
days after the date of such publication, or
3) Such obligations are authorized in violation of the provisions of the
Constitution.
Section 12. This resolution shall constitute a statement of official intent for
purposes of Treasury Regulations Section 1.150-1. Other than as specified in this
resolution, no monies are, or are reasonably expected to be, reserved, allocated on long-
term basis, or otherwise set aside with respect to the permanent funding of the object or
purpose described herein.
December 4, 2002
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Section 13. This resolution, which takes effect immediately, shall be published in
full in the Ithaca Journal, the official newspaper, together with a notice of the City Clerk in
substantially the form provided in Section 81.00 of the Local Finance Law.
Discussion followed on the floor regarding language in the first Whereas Clause regarding
SEQR approval.
Motion to Table:
By Alderperson Vaughan: Seconded by Alderperson Mack
RESOLVED, That this matter be tabled pending language review by the City Attorney.
Carried Unanimously
Motion to Remove from Table:
By Alderperson Whitmore: Seconded by Alderperson Pryor
RESOLVED, That this item be removed from the table for consideration.
Carried Unanimously
City Attorney Schwab reported that she has reviewed the items included within the Bond
Resolution and has determined that all items are Type II actions and are exempt from
environmental review.
Main Motion:
A roll call vote on the Bond Resolution resulted as follows:
Manos – Aye Pryor – Aye
Whitmore – Aye Sams – Aye
Vaughan - Aye Blumenthal - Aye
Mack - Aye Peterson - Aye
Hershey - Aye Cogan - Aye
Carried Unanimously
9.4 Finance/Controller – Request Authorization to Cover Red Accounts
By Alderperson Vaughan: Seconded by Alderperson Peterson
RESOLVED, That the City Controller be empowered to make transfers within the 2002
Budget appropriations, as needed, for the remainder of the 2002 Fiscal Year.
Carried Unanimously
9.5 Planning Department – Request to Amend Traffic Calming Capital Project
By Alderperson Vaughan: Seconded by Alderperson Sams
WHEREAS, a Project for Traffic Calming, Bicycle and Pedestrian Improvements, P.I.N
375394 (the “Project”) is eligible for funding under Title 23 U.S. Code, as amended, that
calls for the 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 above project by making a
commitment of 100% of the non-federal share of the costs of Scoping, Design (Phases
I-VI), and Construction; now, therefore, be it
RESOLVED, That Common Council hereby approves the above-subject 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 design and
construction work for the project or portions thereof, and be it further
RESOLVED, That the total cost of the project of $140,000 is hereby appropriated from
the issuance of serial bonds in the amount of $112,000 and from existing funds in
Capital Project #384 City Wide Traffic Calming in the amount of $28,000, and made
available to cover the cost of participation in the above phase of the project, and be it
further
December 4, 2002
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RESOLVED, That Capital Project #384 City Wide Traffic Calming is hereby amended in
an amount not to exceed $112,000, which is the amount of the federal-aid share of the
Project costs, giving a total Project authorization to date of $562,000, 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, the 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 be and is hereby authorized to
execute all necessary Agreements, certifications or reimbursement requests for Federal
Aid on behalf of the City of Ithaca with the New York State Department of
Transportation in connection with the advancement or approval of the Project and
providing for the administration of the Project and the municipality’s first instance
funding of Project costs and permanent funding of the local share of federal-aid-eligible
Project and all Project costs within appropriations therefore that are not so eligible, 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
RESOLVED, That this resolution shall take effect immediately.
Carried Unanimously
9.6 Budget Process Report
Alderperson Vaughan reported that a sub-committee comprised of members of the
Budget and Administration Committee and Department Heads has been created to
review and improve the budget process. A meeting is being scheduled for late
December. The members of the committee are: Alderperson Vaughan, Alderperson
Whitmore, Alderperson Cogan, Superintendent of Public Works Gray, Building
Commissioner Radke, Planning and Development Director Van Cort, Information
Technology Director Twardokus. Mayor Cohen, Human Resources Director Michell-
Nunn and City Controller Thayer will act as ex-officio members.
Alderperson Peterson stated that the Human Resources Committee discussed how the
budget process impacts employees and how employees are informed of budget
deliberations and decisions. She requested that the members of the Human Resources
Committee hold periodic joint sessions with the sub-committee to discuss these issues.
Recess:
Common Council recessed at 9:10 p.m.
Reconvene:
Common Council reconvened into regular session at 9:30 p.m.
HUMAN RESOURCES COMMITTEE:
10.1 City Attorney’s Office - Request To Increase Part Time Assistant City
Attorney Position To Full Time - Resolution
By Alderperson Peterson: Seconded by Alderperson Hershey
WHEREAS, the Office of the City Attorney has been directed to add prosecution of City
Code violations to its duties, and
WHEREAS, based on 2001 figures, it is estimated that approximately one thousand one
hundred-fifty (1150) City Code violations will flow through the Office of the City Attorney
in 2003, and
WHEREAS, in its current configuration, there are not enough attorney hours to handle
the additional duties, and
December 4, 2002
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WHEREAS, at a regularly scheduled meeting held on November 6, 2002, Common
Council authorized the addition of one half time, twenty (20) hour per week, Assistant
City Attorney to the Office of the City Attorney, and
WHEREAS, The Office of the City Attorney currently has two part time, not to exceed 40
hours per week, Assistant City Attorney positions pursuant to a resolution dated April 3,
2002, and
WHEREAS, both part time Assistant City Attorney positions are currently being filled by
the incumbent pursuant to a Common Council resolution dated October 2, 2002, now
therefore, be it
RESOLVED, That one part time Assistant City Attorney position be, and hereby is,
increased to full time, not to exceed forty hours per week, such that there will henceforth
be one full time (40 hours per week) Assistant City Attorney position and one part time
(20 hours per week) Assistant City Attorney position, and be it further
RESOLVED, That the hours of the incumbent Assistant City Attorney be permanently
increased to full time and that the resolution dated October 2, 2002, increasing the
hours of the incumbent Assistant City Attorney to full time only until April 15, 2003, be
superceded by this resolution, and be it further
RESOLVED, That funding for the additional part time Assistant City Attorney position
will be derived from the Office of the City Attorney’s budget, and be it further
RESOLVED, That Bob Sarachan be appointed to said part time position, effective
February 1, 2003, and, be it further
RESOLVED, That a salary recommendation shall be determined by the Human
Resources Director to be voted on by Council at the next meeting.
Carried Unanimously
10.2 Proposal for Sick Leave Buyout for Employees Terminated by Layoff -
Resolution
This resolution was withdrawn from the agenda, and the following were offered as
substitute resolutions:
Resolution to Extend Health Insurance Coverage for Employees to be Laid Off in
2003
By Alderperson Peterson: Seconded by Alderperson Cogan
WHEREAS, due to budgetary pressures, the Mayor and Common Council were forced
to include layoffs in the City’s 2003 budget, and
WHEREAS, the Common Council voted to make all layoffs for 2003 effective February
1, 2003, and
WHEREAS, during the 2003 budget process Common Council indicated the desire to
extend health insurance coverage through May 31, 2003 for employees who are laid off,
and
WHEREAS, it is likely that employees who are slated to be laid off on February 1, 2003
will find other work before that date, which will require that they submit their resignations
early, and
WHEREAS, it is Common Council’s intention to extend health insurance coverage to all
employees who are forced to leave City service; now, therefore, be it
RESOLVED, That all permanent employees whose positions are slated for elimination
in the 2003 budget are entitled to health insurance coverage through May 31, 2003,
regardless of when they tender their resignations.
Extensive discussion followed on the floor.
December 4, 2002
11
Amending Resolution:
By Alderperson Peterson: Seconded by Alderperson Whitmore
RESOLVED, That the following Resolved clause be added as the last Resolved clause:
“RESOLVED, That Common Council requests that the Human Resources Director work
with the appropriate bargaining units to develop Memoranda of Understanding allowing
the City to extend these benefits without establishing a past practice or engaging in
protracted negotiations on the subject of severance benefits.”
Carried Unanimously
Amending Resolution:
By Alderperson Manos: Seconded by Alderperson Peterson
RESOLVED, That the last Whereas Clause be amended to read as follows:
“WHEREAS, it is Common Council’s intention to extend health insurance coverage to all
employees who are forced to leave City service due to layoffs included in the 2003
budget as adopted on November 6, 2002, and”
Carried Unanimously
Main Motion as Amended
A vote on the Main Motion as Amended resulted as follows:
Carried Unanimously
Resolution to Allow Sick Leave Buyout for Employees Terminated by Layoff
By Alderperson Cogan: Seconded by Alderperson Whitmore
WHEREAS, due to budgetary pressures, the Mayor and Common Council were forced
to included layoffs in the City’s 2003 budget, and
WHEREAS, the Common Council recognizes the unusual situation posed by layoffs,
with employees being terminated for reasons other than just cause, and
WHEREAS, employees who are terminated for just cause lose their accrued sick time
while employees who retire are able to either cash in a portion of their sick time or use
accrued sick time to extend health insurance coverage, and
WHEREAS, the Common Council is supportive of allowing employees who are slated to
be laid off some latitude in exercising similar rights, and
WHEREAS, the Common Council does not wish, in allowing employees who will be laid
off to use sick time in this manner, to establish a past practice; now, therefore, be it
RESOLVED, That Common Council requests that the Human Resources Director work
with the appropriate bargaining units to develop Memoranda of Understanding allowing
the City to extend these benefits without establishing a past practice or engaging in
protracted negotiations on the subject of severance benefits, and, be it further
RESOLVED, That Common Council grants to employees whose positions are slated for
elimination in the 2003 budget the right to receive a cash settlement for unused sick
time, up to a maximum of $11,000, and, be it further
RESOLVED, That said employees may elect to waive the cash settlement and apply all
of their accumulated sick leave toward extended health and/or dental insurance
coverage at prevailing premium rates.
Extensive discussion followed regarding the financial impacts of this resolution.
Motion to Table:
By Alderperson Cogan: Seconded by Alderperson Whitmore
RESOLVED, That this item be tabled pending further information from the Human
Resources Department and City Controller’s Office.
Ayes (9) Manos, Pryor, Sams, Whitmore, Vaughan, Blumenthal, Mack,
Peterson, Cogan
Nays (1) Hershey
Carried
December 4, 2002
12
10.3 A Local Law to Amend Chapter 90 Entitled “Personnel” of the City of Ithaca
Municipal Code Regarding Residency Requirements
By Alderperson Peterson: Seconded by Alderperson Hershey
WHEREAS, Common Council desires to clarify the residency requirements for department
heads and deputies, and
WHEREAS, Common Council further desires to create time lines and procedures for
newly hired or promoted department heads and deputies to become City of Ithaca
residents, now, therefore, be it
RESOLVED, That Common Council hereby adopts the following Local Law:
Local Law # ___-2002
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as
follows:
Section 1. Article X of the Code of the City of Ithaca, entitled “Residency
Requirements” shall be deleted in its entirety and replaced with a new
Article X, as follows:
Section 2. There shall be a new section 90-67 as follows:
90-67. Purpose and Intent; Definition of Residency.
A) Purpose and Intent. The City of Ithaca Common Council recognizes that a
residency requirement as a condition of employment as a department
head or deputy would result in the following: enhancement of the quality of
employee performance by greater personal knowledge of the City's
conditions and a feeling of greater personal stake in the City's progress,
an increase in tax revenue to the City, enhanced response in ready
situations, and a general economic benefit to the City and its citizens and
businesses flowing from local expenditure of employee salaries. Therefore
the Common Council determines that the public need is sufficient to
require that all City department heads and deputies hired or promoted by
the City on or after the effective date of this resolution be residents of the
City of Ithaca.
B) Definition. Residency shall be defined, for the purpose of this Local Law,
as the place of residence where a person primarily lives, eats, sleeps, and
maintains usual personal and household effects, and where the person
returns to whenever temporarily absent. To be a city resident, and to fulfill
the residency requirement, a person shall not have a domicile outside the
City of Ithaca.
Section 3. There shall be a new Section 90-68, as follows:
90-68. Residency Requirement; Investigation; Notice and Waiver.
1. Residency Requirement.
(A) Except as otherwise provided by law, the City of Ithaca hereby
establishes a residency requirement for all department heads and
deputies, with the exception of Fire Department personnel and
those who serve at the pleasure of the Mayor. Any such employee
shall be a resident of the City within one year of that individual's
hiring or promotion and shall continue to maintain residency within
the City at all times during such continued employment. Any
employee hired prior to January 1, 1992, is exempt from the
residency requirement stated herein. In addition, any employee
who is a Department Head or Deputy as of the effective date of this
December 4, 2002
13
Local Law, and resided outside the City as of September 1, 2002, is
exempt from this residency requirement stated herein.
(B) A nonresident may be hired or promoted to department head or
deputy by the City on the condition that the individual shall agree in
writing to establish residency in the City within one year of that
individual's hiring or promotion and continue to maintain residency
within the City at all times during continued employment after such
period. A prospective nonresident employee or promotee shall
additionally provide to the appointing authority a written timetable
for attaining residency, which shall be updated every ninety days
following the individual's hiring or promotion, concluding with a final
status report thirty days prior to the expiration of the one year
anniversary of that individual's hiring or promotion.
(C) Failure by any department head or deputy to maintain City
residency during the period of employment or to establish residency
within the City within one year, subject to a six month extension by
Common Council for reasons of hardship, after being hired or
promoted shall constitute a breach of the employee's condition of
employment and may result in the termination of the employee
subject to an investigation of residency.
2. Investigation of Residency.
a. Should it be alleged that an employee is not in compliance with
section three of this Local Law, the appointing authority shall initiate
a hearing by:
(1) Providing the employee with written notice of the alleged
violation allowing the employee seven calendar days in
which to respond;
(2) If there is a failure to respond or, if in the judgment of the
appointing authority the response is not sufficient to satisfy
the requirements of this Local Law, the appointing authority
shall set a date to hear the charge of nonresidence;
(3) The employee shall be sent a written notice of the hearing
date at least fifteen calendar days prior to the hearing;
(4) The appointing authority shall appoint an individual with no
personal or professional stake in the outcome of the hearing
to conduct the hearing. The appointing authority shall in
writing designate an individual who for the purpose of the
hearing shall be vested with all the powers of the appointing
authority and who shall refer the hearing record and his or
her recommendations to the appointing authority for review
and decision;
(5) The hearing shall be held within thirty (30) days after the
employee's seven calendar day response period set forth in
number 1 of this sub-section expires;
(6) formal rules of evidence shall not apply;
(7) The employee who is the subject of the hearing shall have a
right to be represented by counsel or other representatives
of his/her choice;
(8) A record of the hearing shall be made;
b. Should an employee establish residency to the satisfaction of the
appointing authority prior to the hearing date, it shall result in a
cancellation of the hearing authorized by this section;
c. Should the appointing authority determine that an employee is a
nonresident in violation of this Local Law, the employee shall be
December 4, 2002
14
notified in writing that the individual has been deemed to have
voluntarily resigned from employment as of the date of the
determination.
d. Upon re-establishing residency, an individual having so resigned
may apply for reinstatement to his or her former position.
3. Notice and Posting.
A copy of this Local Law shall be provided to each employee upon his or
her initial appointment or promotion. However, a failure to do so shall not
affect the application of this Local Law to any employee appointed or
promoted after its effective date. A copy of this Local Law shall also be
posted on all notice boards normally used for employee communications.
4. Waiver of Requirement.
In the event that a majority of Common Council, upon conferral with the
Director of Human Resources and review by the appropriate standing
committee of Common Council, determines that there is a lack of
applicants which results in difficulty hiring or promoting a qualified person
because of its residency requirement, the provisions of sub-sections 90-
68(1) and 90-68(2) may be waived with respect to an incumbent of, or
applicant to, a particular title.
Section 4. Effective Date. This Local Law shall take effect upon filing with the
Secretary of State.
Extensive discussion followed on the floor regarding the merits of residency
requirements.
Amendment:
By Alderperson Hershey: Seconded by Alderperson Blumenthal
Be it ordained that the following language be substituted for Section 3 (1) (A):
“(A) Except as otherwise provided by law, the City of Ithaca hereby establishes a
residency requirement for all department heads and deputies, with the exception of Fire
Department personnel and those who serve at the pleasure of the Mayor. Any such
employee shall be a resident of the City within one year of that individual's hiring or
promotion and shall continue to maintain residency within the City at all times during
such continued employment. Any employee hired prior to January 1, 1992 who is not
currently a Department Head or Deputy, is exempt from the residency requirement
stated herein. Any employee who is a Department Head or Deputy as of the effective
date of this Local Law, and resided outside the City as of September 1, 2002, is exempt
from this residency requirement stated herein.”
A vote on the amended language resulted as follows:
Ayes (5) Blumenthal, Vaughan, Mack, Hershey, Pryor
Nays (5) Whitmore, Peterson, Sams, Manos, Cogan
Mayor Cohen voted “Aye” breaking the tie.
Carried
As this amendment was a substantive change from the Local Law that was originally
laid on the table, the legislation could not be passed without it being laid on the table
again.
Emergency Message:
Mayor Cohen stated that he is hereby issuing an emergency message indicating the
necessity of considering Local Law #-5-2002 which creates a new residency
requirement for City of Ithaca Department Heads and Deputies. Mayor Cohen stated
that by issuing this emergency message, the procedures required relating to laying this
December 4, 2002
15
Local Law on the table seven (7) calendar days in advance of consideration are hereby
waived.
Reconsideration of Local Law as Amended:
Extensive discussion followed on the floor regarding the impact of the legislation on
current employees.
Amending Resolution
By Alderperson Mack: Seconded by Alderperson Sams
RESOLVED, That the following language be added as the first Resolved Clause to the
Resolution preceding the local law:
“RESOLVED, That Common Council encourages all current Department Heads and
Deputies who do not currently live in the City to consider moving into the City.”
Ayes (4) Peterson, Sams, Mack, Vaughan
Nays (6) Manos, Pryor, Whitmore, Blumenthal, Cogan, Hershey
Failed
Consideration of Local Law #5-2002
By Alderperson Peterson: Seconded by Alderperson Hershey
WHEREAS, Common Council desires to clarify the residency requirements for department
heads and deputies, and
WHEREAS, Common Council further desires to create time lines and procedures for
newly hired or promoted department heads and deputies to become City of Ithaca
residents, now, therefore, be it
RESOLVED, That Common Council hereby adopts the following Local Law:
Local Law # ___-2002
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as
follows:
Section 1. Article X of the Code of the City of Ithaca, entitled “Residency
Requirements” shall be deleted in its entirety and replaced with a new
Article X, as follows:
Section 2. There shall be a new section 90-67 as follows:
90-67. Purpose and Intent; Definition of Residency.
A) Purpose and Intent. The City of Ithaca Common Council recognizes that a
residency requirement as a condition of employment as a department
head or deputy would result in the following: enhancement of the quality of
employee performance by greater personal knowledge of the City's
conditions and a feeling of greater personal stake in the City's progress,
an increase in tax revenue to the City, enhanced response in ready
situations, and a general economic benefit to the City and its citizens and
businesses flowing from local expenditure of employee salaries. Therefore
the Common Council determines that the public need is sufficient to
require that all City department heads and deputies hired or promoted by
the City on or after the effective date of this resolution be residents of the
City of Ithaca.
B) Definition. Residency shall be defined, for the purpose of this Local Law,
as the place of residence where a person primarily lives, eats, sleeps, and
maintains usual personal and household effects, and where the person
returns to whenever temporarily absent. To be a city resident, and to fulfill
the residency requirement, a person shall not have a domicile outside the
City of Ithaca.
December 4, 2002
16
Section 3. There shall be a new Section 90-68, as follows:
90-68. Residency Requirement; Investigation; Notice and Waiver.
1. Residency Requirement.
(A) Except as otherwise provided by law, the City of Ithaca hereby
establishes a residency requirement for all department heads and
deputies, with the exception of Fire Department personnel and
those who serve at the pleasure of the Mayor. Any such employee
shall be a resident of the City within one year of that individual's
hiring or promotion and shall continue to maintain residency within
the City at all times during such continued employment. Any
employee hired prior to January 1, 1992 who is not currently a
Department Head or Deputy, is exempt from the residency
requirement stated herein. Any employee who is a Department
Head or Deputy as of the effective date of this Local Law, and
resided outside the City as of September 1, 2002, is exempt from
this residency requirement stated herein.
(B) A nonresident may be hired or promoted to department head or
deputy by the City on the condition that the individual shall agree in
writing to establish residency in the City within one year of that
individual's hiring or promotion and continue to maintain residency
within the City at all times during continued employment after such
period. A prospective nonresident employee or promotee shall
additionally provide to the appointing authority a written timetable
for attaining residency, which shall be updated every ninety days
following the individual's hiring or promotion, concluding with a final
status report thirty days prior to the expiration of the one year
anniversary of that individual's hiring or promotion.
(C) Failure by any department head or deputy to maintain City
residency during the period of employment or to establish residency
within the City within one year, subject to a six month extension by
Common Council for reasons of hardship, after being hired or
promoted shall constitute a breach of the employee's condition of
employment and may result in the termination of the employee
subject to an investigation of residency.
2. Investigation of Residency.
a. Should it be alleged that an employee is not in compliance with
section three of this Local Law, the appointing authority shall initiate
a hearing by:
(1) Providing the employee with written notice of the alleged
violation allowing the employee seven calendar days in
which to respond;
(2) If there is a failure to respond or, if in the judgment of the
appointing authority the response is not sufficient to satisfy
the requirements of this Local Law, the appointing authority
shall set a date to hear the charge of nonresidence;
(3) The employee shall be sent a written notice of the hearing
date at least fifteen calendar days prior to the hearing;
(4) The appointing authority shall appoint an individual with no
personal or professional stake in the outcome of the hearing
to conduct the hearing. The appointing authority shall in
writing designate an individual who for the purpose of the
hearing shall be vested with all the powers of the appointing
authority and who shall refer the hearing record and his or
December 4, 2002
17
her recommendations to the appointing authority for review
and decision;
(5) The hearing shall be held within thirty (30) days after the
employee's seven calendar day response period set forth in
number 1 of this sub-section expires;
(6) formal rules of evidence shall not apply;
(7) The employee who is the subject of the hearing shall have a
right to be represented by counsel or other representatives
of his/her choice;
(8) A record of the hearing shall be made;
b. Should an employee establish residency to the satisfaction of the
appointing authority prior to the hearing date, it shall result in a
cancellation of the hearing authorized by this section;
e. Should the appointing authority determine that an employee is a
nonresident in violation of this Local Law, the employee shall be
notified in writing that the individual has been deemed to have
voluntarily resigned from employment as of the date of the
determination.
f. Upon re-establishing residency, an individual having so resigned
may apply for reinstatement to his or her former position.
3. Notice and Posting.
A copy of this Local Law shall be provided to each employee upon his or
her initial appointment or promotion. However, a failure to do so shall not
affect the application of this Local Law to any employee appointed or
promoted after its effective date. A copy of this Local Law shall also be
posted on all notice boards normally used for employee communications.
4. Waiver of Requirement.
In the event that a majority of Common Council, upon conferral with the
Director of Human Resources and review by the appropriate standing
committee of Common Council, determines that there is a lack of
applicants which results in difficulty hiring or promoting a qualified person
because of its residency requirement, the provisions of sub-sections 90-
68(1) and 90-68(2) may be waived with respect to an incumbent of, or
applicant to, a particular title.
Section 4. Effective Date. This Local Law shall take effect upon filing with the
Secretary of State.
Ayes (5) Blumenthal, Vaughan, Mack, Hershey, Pryor
Nays (5) Whitmore, Peterson, Sams, Manos, Cogan
Mayor Cohen voted “Aye” breaking the tie.
Carried
10.4 Youth Bureau - Establishment of Standard Work Week - Resolution
By Alderperson Peterson: Seconded by Alderperson Hershey
WHEREAS, four positions were reduced from thirty-five (35) hours per week to thirty
(30) hours per week in the 2003 City of Ithaca budget, and
WHEREAS, the CSEA Administrative Unit contract provides that employees working
thirty hours per week shall receive full-time benefits, including full-time retirement
service credit, and
December 4, 2002
18
WHEREAS, the New York State Retirement System recognizes thirty hours per week
as a full-time standard workweek, provided that the City of Ithaca formally establishes
said workweek as the full-time workweek for the positions, now, therefore, be it
RESOLVED, That Common Council establishes a standard full-time workweek of thirty
(30) hours per week, for the following positions:
Youth Program Coordinator (Automotive Program)
Youth Program Coordinator (Paul Schreur's Program)
Youth Worker (Outing Program)
Carried Unanimously
NEW BUSINESS:
Sewer Briefing:
Due to the late hour of the meeting, Mayor Cohen distributed information packets to
Common Council for review.
Inlet Island Promenade:
Mayor Cohen clarified the two pressing issues identified with this project. Project
funding derived from HUD has a requirement that the $200,000 awarded, must be spent
by the end of the year or the City will lose the funding.
In addition, the Department of Environmental Conservation is requiring that all water
related work be complete by March 15, 2003 due to fish migration and breeding periods.
Alderperson Hershey requested that this matter be recessed, and work be stopped at
the site until the continued meeting on December 10, 2002 to allow Cornell University
additional time to review the design plans and submit alternative options.
Mayor Cohen stated that he has set up a meeting with Cornell University
representatives for Friday, December 6, 2002 and will invite Ithaca College
representatives as well. If those representatives bring compelling evidence that the City
has made a gross mistake, he will contact Council members and make a full report at
the continued meeting on December 10, 2002.
APPROVAL OF MINUTES:
Approval of March 6, 2002 Regular Common Council Meeting Minutes
By Alderperson Blumenthal: Seconded by Alderperson Cogan
RESOLVED, That the March 6, 2002 Regular Common Council Meeting Minutes be
approved with corrections offered by Alderperson Blumenthal.
Carried Unanimously
Approval of October 8, 2002 Special Common Council Meeting Minutes
By Alderperson Sams: Seconded by Alderperson Pryor
RESOLVED, That the October 8, 2002, Special Common Council Meeting Minutes be
approved as corrected by Alderperson Peterson.
Carried Unanimously
MAYOR’S APPOINTMENTS:
Community Police Board
By Alderperson Manos: Seconded by Alderperson Sams
RESOLVED, That Daniel Whispell be appointed to the Community Police Board to fill a
vacancy with a term to expire December 31, 2004.
Carried Unanimously
Alderperson Peterson absent from vote.
Disability Advisory Council
By Alderperson Manos: Seconded by Alderperson Sams
RESOLVED, That Wendy Skinner be appointed to the Disability Advisory Council to fill
a vacancy with a term to expire June 30, 2004.
Carried Unanimously
Alderperson Peterson absent from vote.
December 4, 2002
19
Ithaca Housing Authority
By Alderperson Manos: Seconded by Alderperson Sams
RESOLVED, That Rita M. Head be appointed to the Ithaca Housing Authority to replace
Raymond Melton with a term to expire October 17, 2007.
Carried Unanimously
Alderperson Peterson absent from vote.
Natural Areas Commission
By Alderperson Manos: Seconded by Alderperson Sams
RESOLVED, That Zev Ross be appointed to the Natural Areas Commission to fill a
vacancy with a term to expire December 31, 2005.
Carried Unanimously
Alderperson Peterson absent from vote.
COMMUNICATIONS FROM COMMON COUNCIL:
Alderperson Sams reported that the Southside Community Center will be celebrating
Kwanza from December 26, 2002 – January 1, 2003 and invited everyone to participate
in the many activities.
COMMUNICATIONS FROM THE MAYOR:
Mayor Cohen announced that he would like to discuss a potential retreat with Common
Council members at the continuation of this meeting on December 10, 2002.
He further announced that he would be out of town from December 16, 2002 – January
7, 2003.
REPORT OF THE CITY CLERK:
City Clerk Conley Holcomb reported that New York State Open Meetings Law requires
that minutes be available to the public within two weeks of the meeting. Many City
committees have had trouble complying with this requirement for numerous reasons. In
response to this issue City Attorney Schwab has recommended that minutes for all City
boards and committees contain only the following required items: attendance of
members; legislation voted on by the board; and individual member votes. The City
Clerk’s Office will continue to produce a verbatim transcription of the Common Council
meetings for research and historical purposes, but this will be a separate document
from the official meeting minutes.
City Attorney Schwab is in the process of developing a policy that will be distributed to
Common Council, appropriate City staff, and all committee and board chairs.
RECESS:
On a motion the meeting was recessed until 7:30 p.m. on December 10, 2002.
________________________ _______________________
Julie Conley Holcomb, CMC Alan J. Cohen,
City Clerk Mayor