HomeMy WebLinkAboutMN-CC-2003-01-29COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 6:30 pm January 29, 2003
Continuation of January 15, 2003 Common Council Meeting
PRESENT:
Mayor Cohen
Alderpersons (10) Manos, Pryor, Sams, Whitmore, Vaughan, Blumenthal,
Mack, Peterson, Cogan, Hershey
OTHERS PRESENT:
City Clerk – Conley Holcomb
City Attorney – Schwab
Assistant City Attorney - Dunn
City Controller – Thayer
Human Resources Director – Michell-Nunn
Building Commissioner – Radke
Information Technology Director - Twardokus
Acting Police Chief – Signer
Fire Chief – Wilbur
Superintendent of Public Works - Gray
ADDITIONS TO OR DELETIONS FROM THE AGENDA:
Human Resources Committee:
Alderperson Peterson requested the addition of Item 11.4 DPW (TCAT) –
Request to Amend the Personnel Roster and Hire Above the Minimum –
Resolution. She explained that there was a typographical error in the hourly
salary listed in the resolution that was approved under the consent agenda at the
January 15, 2003 Common Council meeting.
Alderperson Peterson further requested the addition of Item 11.5 Extension of
Employee Employment Until Retirement Date – Resolution.
No Council member objected.
New Business:
Mayor Cohen requested the addition of Item 13.5 Appointment of Marriage
Officers - Resolution.
No Council member objected.
Alderperson Sams arrived at the meeting at 7:05 p.m.
BUDGET & ADMINISTRATION COMMITTEE:
10.1 Attorney – Time Warner Cable TV Franchise Renewal Agreement
Motion to Remove from Table:
By Alderperson Vaughan: Seconded by Alderperson Manos
RESOLVED, That this item be removed from the table for discussion and
consideration.
Carried Unanimously
Resolution
By Alderperson Vaughan: Seconded by Alderperson Hershey
WHEREAS, an application for renewal of a cable television franchise has been
duly made to the Common Council of the City of Ithaca, Tompkins County, New
York, by TIME WARNER ENTERTAINMENT-ADVANCED/NEWHOUSE
PARTNERSHIP, a New York General Partnership, organized and existing under
the laws of the State of New York, d/b/a Time Warner Cable with a local place of
business located at 519 West State Street, Ithaca, New York 14850, and
Continuation of January 15, 2003 Meeting
January 29, 2003
2
WHEREAS, TIME WARNER ENTERTAINMENT-ADVANCED/NEWHOUSE
PARTNERSHIP is the holder of a cable television franchise in the City of Ithaca,
and
WHEREAS, TIME WARNER ENTERTAINMENT-ADVANCED/NEWHOUSE
PARTNERSHIP seeks approval of an agreement to renew Time Warner
Entertainment-Advanced Newhouse Partnership’s cable television franchise for
an additional ten (10) years commencing on the date the agreement is granted a
certificate of confirmation by the New York State Public Service Commission, and
WHEREAS, the Franchise Renewal Agreement would bring the franchise into
conformity with certain provisions of the Federal Cable Communications Policy
Act of 1984, as amended, and certain court rulings, and
WHEREAS, a public hearing was held at the Boynton Middle School, 1601
North Cayuga Street, Ithaca, New York on January 28, 1999 at 7:30 p.m. to
afford the public an opportunity to identify the future cable-related community
needs and interests and to review the performance of the cable operator under
the then current franchise term, and
WHEREAS, a notice of said public hearing was published in the Ithaca Journal
on January 14, 1999, and
WHEREAS, an additional public hearing was held at the Greater Ithaca
Activities Center (GIAC), 318 North Albany Street, Ithaca, New York on February
1, 1999 at 7:30 p.m. and notice of said public hearing was published in the Ithaca
Journal on January 23, 1999, and
WHEREAS, since the last public hearing was held over a year ago, it was
determined that another public hearing should be held to afford the public an
opportunity to comment on the proposed franchise renewal agreement and that
Common Council should, thereafter, re-vote on the application for renewal, and
WHEREAS, a public hearing was held at the regularly scheduled Common
Council meeting on January 15, 2003, and notice of said public hearing was
published in the Ithaca Journal on January 1, 2003, and January 8, 2003, and
WHEREAS, said Notice informed the general public that a copy of the franchise
renewal application was available for review in the City Clerk’s Office during
normal business hours, and
WHEREAS, Common Council, at its regularly scheduled meeting held on
November 6, 2002, voted to approve the franchise renewal,
NOW, THEREFORE, the Common Council of the City of Ithaca finds that:
1. Time Warner Entertainment-Advanced Newhouse Partnership d/b/a Time
Warner Cable has substantially complied with the material terms and conditions
of its existing franchise and with applicable law; and
2. The quality of Time Warner Entertainment-Advanced Newhouse
Partnership’s service, including signal quality, response to customer complaints
and billing practices has been reasonable in light of community needs; and
3. Time Warner Entertainment-Advanced Newhouse Partnership has the
financial, legal and technical ability to provide the services, facilities and
equipment as set forth in its proposal, and
4. Time Warner Entertainment-Advanced Newhouse Partnership can
reasonably meet the future cable-related community needs and interests, taking
into account the cost of meeting such needs and interests.
Continuation of January 15, 2003 Meeting
January 29, 2003
3
BE IT RESOLVED, That the Common Council of the City of Ithaca hereby
renews the cable television franchise of Time Warner Entertainment-Advanced
Newhouse Partnership in the City of Ithaca for ten (10) years commencing on the
date the agreement is granted a certificate of confirmation by the New York State
Public Service Commission and expiring ten (10) years from said date of
confirmation, and be it further
RESOLVED, That the Common Council of the City of Ithaca hereby confirms that
this Franchise Renewal Agreement replaces the original franchise granted and
all amendments thereto, and be it further
RESOLVED, That Common Council authorizes the Mayor to sign said cable
television franchise renewal agreement on behalf of the City of Ithaca and to take
the necessary steps, in cooperation with Time Warner Entertainment-Advanced
Newhouse Partnership, to assure certification of said cable television franchise
renewal by the New York State Department of Public Service.
Extensive discussion followed on the floor between Common Council members,
Time Warner Cable General Manager Thomas Doheny, and Steven Shaye, NYS
Public Service Department regarding the availability of an additional digital
channel slot should the need arise for public access use.
Alderperson Vaughan reviewed the language that was clarified in the agreement
and extensive discussion followed on the floor regarding the amended language,
issues related to SCOLA, and the value of the I-Net to the City.
A vote on the Resolution resulted as follows:
Ayes (5) Hershey, Pryor, Vaughan, Mack, Manos
Nays (5) Whitmore, Sams, Cogan, Peterson, Blumenthal
Mayor Cohen voted Aye to break the tie.
Carried
10.2 Finance/Controller - Designation of Official Newspaper - Resolution
By Alderperson Vaughan: Seconded by Alderperson Peterson
RESOLVED, That pursuant to Section C-113 of the City Charter, the Ithaca Journal
be and is hereby designated as the official newspaper of the City of Ithaca for the
year 2003.
Carried Unanimously
10.3 Finance/Controller - Collateral to Secure Deposits - Resolution
By Alderperson Vaughan: Seconded by Alderperson Whitmore
RESOLVED, That the collateral deposited by the Tompkins County Trust Company
and Fleet Bank as reported, be approved as to form and sufficiency.
Carried Unanimously
10.4 Finance/Controller - Public Employee's Blanket Bond - Resolution
By Alderperson Vaughan: Seconded by Alderperson Peterson
RESOLVED, That pursuant to Section 11 of the Public Officers Law, the following
Bond, which is on file in the Office of the City Clerk, be, and is hereby approved in
all respects for the year 2003.
Faithful Performance Blanket $250,000 National Grange
Bond Coverage Insurance Co.
Carried Unanimously
Continuation of January 15, 2003 Meeting
January 29, 2003
4
10.5 Finance/Controller - Designation of Common Council Meetings-
Resolution
By Alderperson Vaughan: Seconded by Alderperson Mack
RESOLVED, That the regular meetings of the Common Council, for the year 2003,
be held at 7:00 P.M., on the first Wednesday of each month, in the Common
Council Chambers, at City Hall, 108 East Green Street, Ithaca, New York, unless
otherwise determined by Common Council.
Carried Unanimously
10.6 Finance/Controller - Designation of Official Depositories- Resolution
By Alderperson Vaughan: Seconded by Alderperson Mack
RESOLVED, That pursuant to Section C-34 of the City Charter, the Tompkins
County Trust Company and the Fleet Bank be, and they are, hereby designated as
the official depositories of all City Funds for the year 2003 and are currently
deposited as follows:
TOMPKINS COUNTY TRUST COMPANY
ACCOUNT NAME ACCOUNT
NUMBER
City of Ithaca Operating Fund 01-201-001004
Employees Group Insurance Deductions 08-201-001004
City of Ithaca Payroll Fund 04-201-001004
Guaranty and Bid Deposits 05-201-001004
Health Facility Agreement 05-201-001004
Deposit on Water Meters 05-201-001004
City of Ithaca-Wire Transfer Community
Enterprise Opportunity 06-201-001004
City of Ithaca BID Assessments 06-201-001055
Ithaca Fire Department Bunker Facilities 05-201-001004
Sale of Unclaimed Property 05-201-001004
Circle Greenway 05-201-001004
Conference on College and Community 05-201-001004
Center for Expressive Arts 05-201-001004
Peter DeWysocki Memorial Fund 05-201-001004
Department of Justice Grant 09-201-001004
Lockbox – Tickets 03-201-001004
City of Ithaca Construction Fund 10-101-083831
Cemetery Fund 05-201-001004
Commons Cultural Tourism 05-201-001004
Jack Kiely Scholarship Fund 05-201-001004
DeWitt Park Improvement Fund 05-201-001004
Employees N.Y.S. Withholding Tax 08-201-001004
Employees U.S. Savings Bonds 08-201-001004
Centennial Art Work 05-201-001004
N.Y.S. Police, Fire and Employees
Retirement System 08-201-001004
GIAC Youth Enterprise Fund 05-201-001004
FICA Overpayment Reimbursement 05-201-001004
Juvenile Firesetter's Program 05-201-001004
Capital Reserve Fund #4 - Bridges 01-201-001055
Capital Reserve Fund #11 - Parks and
Recreation Areas 01-201-001055
Capital Reserve Fund #14 - Parking Areas 01-201-001055
Capital Reserve Fund #15 - Fire Engine
Replacement 01-201-001055
Capital Reserve Fund #16 - Development of
Water Sources 01-201-001055
Capital Reserve Fund #17 - Sewer Construction 01-201-001055
Capital Reserve Fund #17A - Mandatory
Reserve for Sewer Plant Construction 01-201-001055
Continuation of January 15, 2003 Meeting
January 29, 2003
5
Capital Reserve Fund #20 - West Hill Water
and Sewer Replacement 01-201-001055
Capital Reserve Fund #22 - Bus Replacement 01-201-001055
Capital Reserve Fund #23 - Public Works Equipment 01-201-001055
Capital Reserve Fund #24 - Energy Conservation 01-201-001055
Capital Reserve Fund #25 - Capital Improvements 01-201-001055
Capital Reserve Fund #26 - Land Acquisition 01-201-001055
Capital Reserve Fund #27 - DPW Consolidation 01-201-001055
Capital Reserve Fund #28 – Mandatory Debt Reserve 01-201-001055
Payroll Benefits - Flexible Spending 08-201-001004
ECHO 05-201-001004
Six Mile Creek Natural Area 05-201-001004
Thermal Imaging Unit 05-201-001004
Fire Department 175 Anniversary 05-201-001004
Rick Gray Memorial 05-201-001004
Stewart Park Carousel Fund 05-201-001004
Rt. 13 Plaza Light 05-201-001004
Northside Neighborhood Cleanup 05-201-001004
IPAC Escrow 14-303-468203
Capital Reserve Fund - Joint Activity Fund 01-101-099762
Debt Service Fund 02-201-001004
Joint Activity Capital Fund 01-101-116535
FLEET BANK
ACCOUNT NAME ACCOUNT
NUMBER
Firemen's Relief Fund 267-010001
Ithaca Area Wastewater Treatment Plant –
Phase III 267-365187
Carried Unanimously
10.7 An Ordinance Amending Sections 146-7.C.(2)(a)[4], 210-43, 290-15, 325-
10.B.(1)(h), AND 325-40.B.(2)(d) of the City of Ithaca Code
By Alderperson Vaughan: Seconded by Alderperson Hershey
ORDINANCE NO. - 2003
WHEREAS, the Budget and Administration Committee has reviewed and
recommends the Building Department fee schedules for housing, building, and
zoning services, and
WHEREAS, the Budget and Administration Committee has determined that the
fees currently charged do not accurately reflect the actual cost of Building
Department services, now, therefore
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca
as follows:
Section 1. Section 146-7.C.(2)(a)[4] (Building permit fees) of the Ithaca City
Code is hereby amended as follows:
[4] Other inspections and fees related to building construction:
Building permit renewal: $25 or 10% of the original building permit fee, whichever
is larger.
Building permit renewal: $30 or 10% of the original permit fee, whichever is
larger. Building permits can only be renewed once.
Continuation of January 15, 2003 Meeting
January 29, 2003
6
Plan review and consultation for proposed projects and/or projects in which a
building permit is not ready to be applied for: $35/hour.
Section 2. Section 210-43.D. (Certificates of Compliance) of the Ithaca City
Code is hereby amended as follows:
D. The fee for a certificate of compliance shall be based on the following:
(3) Home owners wishing to procure a Certificate of Compliance for their house
for purposes of selling the building will be assessed a service charge of $100 for
a single family owner-occupied home and $150 for a two family owner-occupied
dwelling. Fees for such service include filing fee, housing inspection fee, an
electrical survey and a “defects removed” letter from the City’s Electrical
Inspection Bureau.
Section 3. Section 290-15 (Lot Line Adjustment Fees) of the Ithaca City Code
is hereby amended as follows:
A. Application fee. In order to defray the costs of subdivision application
processing and review by city staff and agencies, an initial application fee will be
charged according to the following schedule:
(1) Lot line adjustment: $50.
(1) $100 for one- and two-family lots, $150 for all others.
Section 4. 325-10.B.(1)(h) (Accessory Apartment fee) of the Ithaca City Code
is hereby deleted as follows:
(h) An application fee of $15
Section 5. 325-40.B.(2)(d) (Zoning fees) of the Ithaca City Code is hereby
amended as follows:
(d) Fees. The appellant shall, at the time of filing the appeal, pay to the Building
Commissioner a fee of $75 to help defray the cost of the required legal notice
and other incidental expenses. However, the owner-occupant of residential
property on which are located no more than two dwelling units shall pay a fee of
$50, and an officer or administrative official of the City of Ithaca acting in the
official's capacity shall not be required to pay said fee.
(d) Fees: Area variances for deck or swimming pool: one- and two-family
dwellings $50; all other area variances for one- and two-family dwellings: $100.
Area variances for multiple residence buildings, commercial properties, or sign
variances: $150. Appeals of commissioner’s interpretation: $150. All use
variances: $300. Special permit applications for accessory apartments, bed &
breakfast homes, and home occupations: $100. All other special permit
applications (including bed & breakfast inns): $150.
Section 6. Effective Date.
This Ordinance shall take effect immediately in accordance with law upon
publication of a notice as provided in the Ithaca City Charter.
Discussion followed on the floor regarding the implementation of an annual
review of City fees.
A vote on the Ordinance resulted as follows:
Carried Unanimously
Continuation of January 15, 2003 Meeting
January 29, 2003
7
10.9 Request to Appoint City Representatives to the Recreation Facilities
Client Committee – Resolution
By Alderperson Vaughan: Seconded by Alderperson Manos
WHEREAS, the Recreation Facilities Client Committee was convened in January
2001 to explore the possibility of sharing costs for recreation facilities in the city
among the City of Ithaca, the Town of Ithaca and Tompkins County, and
WHEREAS, the City of Ithaca is currently participating in the Recreation Facilities
Client Committee with the Town of Ithaca and Tompkins County regarding the
costs of maintaining recreation facilities used by residents of the City, the Town
and the County and the possibility of future cost sharing, and
WHEREAS, the Recreation Facilities Client Committee consists of two
representatives from each of the involved parties, and
WHEREAS, Joan Spielholz and Alderperson David Whitmore are currently
coordinating the efforts of the City of Ithaca in regards to the recreation facilities
discussions; now, therefore, be it
RESOLVED, That the Mayor hereby appoints Joan Spielholz and Alderperson
David Whitmore to represent the City of Ithaca on the Recreation Facilities Client
Committee.
Carried Unanimously
10.10 Attorney – Acceptance of Bequest for Landscaping and Maintenance
in Stewart Park – Resolution
By Alderperson Vaughan: Seconded by Alderperson Whitmore
WHEREAS, the City of Ithaca is one of the beneficiaries under the Last Will and
Testament of Miriam Stallman, and
WHEREAS, by terms of said Last Will and Testament, the Executor is directed to
establish a Trust for the City of Ithaca in the amount of sixty thousand ($60,000)
Dollars for the care and maintenance of a Rose Garden in Stewart Park, and
WHEREAS, the Estate does not contain sufficient funds to open such a Trust
and is insufficient for the creation, care and maintenance of a Rose Garden in
Stewart Park, and
WHEREAS, the Trustee of the Estate has proposed that the remaining funds in
the Estate, twenty-six thousand seven hundred ninety-one ($26,791.20) Dollars
and twenty cents be distributed directly to the City for use in landscaping and
maintenance in Stewart Park, and
WHEREAS, the City has the power to accept bequests pursuant to Section C-4
of the Charter of the City of Ithaca, and
WHEREAS, General City Law Section 20(3) provides that a City may accept
such bequests upon such terms and conditions as may be prescribed by the
donor and accepted by the City; now, therefore, be it
RESOLVED, That the Common Council of the City of Ithaca hereby accepts the
bequest of Miriam Stallman, and be it further
RESOLVED, That said bequest will be used for landscaping and maintenance in
Stewart Park, and be it further
RESOLVED, That the City, at its own expense, shall erect a small plaque in
Stewart Park in the remembrance of Miriam Stallman, and be it further
RESOLVED, That Common Council authorizes the Mayor to sign the necessary
documents for acceptance of said bequest, and be it further
Continuation of January 15, 2003 Meeting
January 29, 2003
8
RESOLVED, That Common Council hereby establishes the necessary trust
account for said bequest, and be it further
RESOLVED, That through this resolution, Common Council expresses its
gratitude to Miriam Stallman for her kindness and generosity to the City of Ithaca.
Amending Resolution:
By Alderperson Blumenthal: Seconded by Alderperson Whitmore
RESOLVED, That the following language be added as the fifth Resolved clause:
“RESOLVED, That the City of Ithaca Parks Commission be consulted on the use
of these funds, and, be it further”
Carried Unanimously
Main Motion as Amended:
A vote on the Main Motion as Amended resulted as follows:
Carried Unanimously
HUMAN RESOURCES COMMITTEE:
11.1 Management and Executive Association Compensation Plan
By Alderperson Peterson: Seconded by Alderperson Cogan
WHEREAS, Common Council adopted compensation plans for Management and
the Executive Association in 1999 and 2000 respectively, and
WHEREAS, the plans have allowed for reasonable flexibility when hiring external
candidates, it has resulted in unintended limitations for promoting from within,
and
WHEREAS, additionally, in the last few years the City has had high level position
vacancies for extended periods of time requiring the appointment of individuals
on an acting basis which has resulted in increased compensation, and
WHEREAS, the City desires to establish a uniform procedure for compensating
individuals who are promoted from within and serve in an acting capacity for
more than thirty (30) days, now, therefore be it
RESOLVED, That all managerial permanent promotions receive an eight (8)
percent increase over base salary, and be it
RESOLVED, That upon the signing of a Memorandum of Understanding by the
Executive Association, all permanent promotions within the unit receive an eight
(8) percent increase over base salary, and be it further
RESOLVED, That any acting appointments to the managerial compensation plan
receive a four (4) percent stipend over base salary.
Alderperson Peterson clarified that the Resolution is not retroactive.
A vote on the Resolution resulted as follows:
Carried Unanimously
11.2 Police Department – Request to Create a Temporary Position
By Alderperson Peterson: Seconded by Alderperson Cogan
WHEREAS, the Police Department is currently transitioning to an electronic time
keeping system that will benefit the workforce as well as management, and
WHEREAS, the implementation of this system requires the tedious process of
data entry for which a temporary worker has been utilized, and
WHEREAS, the 2003 Budget cut has eliminated the funds to cover such
temporary position, and
Continuation of January 15, 2003 Meeting
January 29, 2003
9
WHEREAS, the new electronic time keeping system went live on January 1,
2003 but it is still necessary to develop a time keeping process and train
individuals on the process, and
WHEREAS, it has been determined that upon the hiring of an Administrative
Secretary in the Police Department, this individual may be able to assume some
of the time keeping clerical responsibilities, and
WHEREAS, it will also require a certain amount of training time for the new
Administrative Secretary as well as current payroll clerk to learn the time keeping
process, and
WHEREAS, to enable a smooth transition the Acting Police Chief has requested
that she be allowed to keep the current temporary worker who has been with this
project since its inception until March 31, 2003, now therefore be it
RESOLVED, That Common Council hereby authorizes the transfer of an amount
not to exceed $5,000.00 from Account #A3120-5105 to Account A3120-5435-
5005 to continue temporary services from February 1, 2003 through March 31,
2003.
Alderperson Pryor clarified that the required funds will be derived from within the
Ithaca Police Department budget.
A vote on the Resolution resulted as follows:
Carried Unanimously
11.3 DPW (Engineering Department) – Request to Amend Personnel
Roster
This item was withdrawn from the agenda.
11.4 DPW (TCAT) – Request to Amend the Personnel Roster and Hire
Above the Minimum – Resolution
By Alderperson Peterson: Seconded by Alderperson Manos
WHEREAS, in order to maintain hours of service provided for TCAT with City
employed Bus Drivers, it requires 20 full-time shifts, and
WHEREAS, TCAT has added 20 hours per week to Route 10, which combined
with additional hours on other routes has resulted in the need to create a full-time
position, and
WHEREAS, TCAT currently has four (4) part-time positions vacant with the
Position Review Committee’s authorization to fill, and
WHEREAS, it has been and continues to be extremely difficult to recruit qualified
drivers willing to work part-time with a varied work schedule, and
WHEREAS, when TCAT is able to attract part-time drivers whose function is to
replace full-time drivers when they are out, the part-time drivers consistently
function as full-time, and
WHEREAS, TCAT has substantial overtime cost due to driver shortage, which
would be significantly diminished by filling the vacant positions and adding one
new position, and
WHEREAS, the starting salary for Bus Drivers is $9.28/hour but over the last two
years Common Council has authorized the hiring of new drivers at $10.32/hour to
enable the City to be more competitive, now therefore be it
Continuation of January 15, 2003 Meeting
January 29, 2003
10
RESOLVED, That Common Council hereby amends the Department of Public
Works – TCAT Personnel Roster as follows:
Add: One (1) Full-Time Bus Driver
Increase: Four (4) 20 hour Bus Driver Positions to 40 hour Bus Driver
Positions
and be it
RESOLVED, That in accordance to the CSEA DPW collective bargaining
agreement, Common Council authorizes the hiring of the five (5) full-time drivers
at $10.32 per hour, and be it further
RESOLVED, That the filling of these five (5) positions will not add additional
expense to the current budget.
Carried Unanimously
11.5 Extension of Employee Employment until Retirement Date
By Alderperson Peterson: Seconded by Alderperson Vaughan
WHEREAS, Richard Corey, a Laborer in the Department of Public Works, is
scheduled for lay off as a result of the adopted budget effective January 31,
2002, and
WHEREAS, Mr. Corey had applied for a New York State Disability Retirement on
March 1, 2002 and the retirement was approved on January 16, 2003, and
WHEREAS, some time is required to complete the retirement process; now,
therefore, be it
RESOLVED, That Common Council agrees to extend Richard Corey’s
employment beyond the lay off date and to the date of February 14, 2003.
Carried Unanimously
12. NEIGHBORHOOD & COMMUNITY ISSUES COMMITTEE:
12.1 Ordinance to Amend Section 250-3 (the “Peace and Good Order”
Chapter) and Section 336-23.1 (the “Stewart Park” Chapter) of the City of
Ithaca Municipal Code
By Alderperson Pryor: Seconded by Alderperson Whitmore
WHEREAS, it was brought to the attention of the Neighborhood and Community
Issues Committee of the Common Council that the provisions in Section 250-3
(the “Peace and Good Order” Chapter) of the City of Ithaca Municipal Code
regarding swimming are outdated and inaccurate, and further that there are, in
fact no natural city waters where swimming is permissible; and
WHEREAS the Neighborhood and Community Issues Committee, at its meeting
held on December 11, 2002, discussed and approved a draft Ordinance to
amend Section 250-3 (the “Peace and Good Order” Chapter) and Section 336-
23.1 (the “Stewart Park” Chapter) of the City of Ithaca Municipal Code; and
WHEREAS, said draft ordinance was also presented to and discussed by the
Board of Public Works, the Parks Commission, and the Natural Areas
Commission, and now, therefore, be it
RESOLVED, That the Neighborhood and Community Issues Committee forwards
said draft Ordinance to Common Council for its approval.
Continuation of January 15, 2003 Meeting
January 29, 2003
11
ORDINANCE No. ______, 2003
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca
as follows:
Section 1.
Section 250-3 of the City of Ithaca Municipal Code is hereby amended as follows:
Ҥ 250-3. Indecent exposure; Swimming.
A. Definition. For the purpose of this section, the definition of "nudity" as
defined in § 235.20 of the Penal Law shall apply.
B. Prohibited acts.
(1) No person shall publicly expose himself/herself naked or indecently
clothed.
(2) No person shall from one hour before sunrise until one hour after sunset
swim or bathe nude in any of the waters within the city. No person shall bathe in
or enter the waters of Van Natta's Dam on Six-Mile Creek in the city.
No person shall bathe in, swim in, or for purposes of swimming and/or bathing
enter any of the waters within the City of Ithaca except in those waters officially
designated as swimming or bathing waters.”
Section 2.
Section 336-23.1 of the City of Ithaca Municipal Code regarding swimming in
Stewart Park is hereby amended as follows:
Ҥ 336-23.1. Swimming. [Reserved]
No swimming will be allowed within the park.”
Section 3. Severability. Severability is intended throughout and within the
provisions of this ordinance. If any section, subsection, sentence, clause, phrase
or portion of this ordinance is held to be invalid or unconstitutional by a court of
competent jurisdiction, then that decision shall not affect the validity of the
remaining portions of this ordinance.
Section 4. Effective Date. This Ordinance shall take effect immediately and in
accordance with law upon publication of notice as provided in the Ithaca City
Charter.
Carried Unanimously
NEW BUSINESS:
13.1 Request of Ithaca Downtown Partnership to Permit Wine and Hard
Cider Tasting and Sale of Bottled Wine and Hard Cider at Various Events
on the Commons in 2003
By Alderperson Pryor: Seconded by Alderperson Cogan
RESOLVED, That the Ithaca Downtown Partnership shall be authorized to
arrange for the sale of wine and hard cider and to permit tasting of wines and
hard cider at booths during various events taking place on the Ithaca Commons
throughout 2003; including: Winter Festival/Chili Cook-Off, February 22, 2003;
International Festival, May 3, 2003; Nascar Show, August 6, 2003; Apple Harvest
Festival, October 3-5, 2003, and, be it further
RESOLVED, That the Ithaca Downtown Partnership and participating wineries
shall comply with all applicable state and local laws and ordinances, and shall
enter into an agreement providing that it will hold the City harmless and
indemnify the City on account of any claims made as the result of the sale or
tasting of wine and hard cider on the Ithaca Commons, and, be it further
Continuation of January 15, 2003 Meeting
January 29, 2003
12
RESOLVED, That the Ithaca Downtown Partnership or the participating winery or
cider company shall agree to maintain liability insurance in the amount of
$1,000,000.00 and Dram Shop Act coverage in the minimum amount of
$500,000.00, and shall provide notification of each event, and evidence of such
insurance to the City Clerk.
Carried Unanimously
13.3 Tompkins County Water Resource Council’s Draft Recommendations
for the Regulation of Personal Watercraft and Two-cycle Engines on Cayuga
Lake – Discussion
Alderperson Pryor reviewed a memo drafted by City Planner Kate Mance in
response to the County’s request for input on recommendations for the use of
personal watercraft and two cycle engines in the area of Cayuga Lake within
Tompkins County. She asked Council members for additional input.
Discussion followed on the floor regarding differences between 2 cycle and 4
cycle engines as it pertains to noise and pollution, and the possibility of bans of
personal watercraft and 2-cycle engines in certain areas.
Planning Department staff will collect Common Council input and forward it to the
County for consideration.
13.4 Possible Motion to Enter into Executive Session to Discuss Land
Acquisition
This item was withdrawn from the agenda.
13.5 Election of an Acting Mayor:
Mayor Cohen opened the floor to nominations of Acting Mayor. Alderperson
Manos nominated Alderperson Pryor for Acting Mayor, Alderperson Vaughan
seconded the nomination. Alderperson Whitmore nominated Alderperson Cogan
for Acting Mayor, Alderperson Sams seconded the nomination.
Resolution
By Alderperson Manos: Seconded by Alderperson Vaughan
RESOLVED, That Alderperson Patricia Pryor be elected as Acting Mayor for
2003.
Ayes (5) Manos, Pryor, Vaughan, Mack, Hershey
Nays (5) Sams, Whitmore, Blumenthal, Peterson, Cogan
Mayor Cohen voted Aye to break the tie.
Carried
13.6 Election of an Alternate Acting Mayor:
Mayor Cohen opened the floor to nominations of Alternate Acting Mayor.
Resolution
By Alderperson Hershey: Seconded by Alderperson Cogan
RESOLVED, That Alderperson Vaughan be elected as Alternate Acting Mayor
for 2003.
Carried Unanimously
13.7 Appointment of Marriage Officers:
By Alderperson Sams: Seconded by Alderperson Peterson
RESOLVED, That the following people be appointed as Marriage Officers with a
term to expire January 1, 2004:
Alderperson Pryor Alderperson Manos
Alderperson Sams Alderperson Whitmore
Alderperson Vaughan Alderperson Mack
Alderperson Peterson Alderperson Cogan
Alderperson Hershey
Carried Unanimously
Alderperson Hershey was absent from the vote.
Continuation of January 15, 2003 Meeting
January 29, 2003
13
UNFINISHED AND MISCELLANEOUS BUSINESS:
Spencer Road Re-configuration
Mayor Cohen gave a brief update on the Spencer Road project. He reported that
Sear-Brown has been contracted for consulting engineer services and they have
submitted three proposals for street alignment and three proposals for the
intersection configuration of Spencer Street/S. Albany Street/Elmira Road. The
Board of Public Works has offered a fourth proposal for the intersection
configuration for consideration. A neighborhood meeting was held tonight to
gather input. Property appraisals are being ordered and negotiations can not
begin until they have been returned.
APPROVAL OF MINUTES:
16.1 Approval of November 20, 2002, Special Common Council Meeting
Minutes
By Alderperson Cogan: Seconded by Alderperson Peterson
RESOLVED, That November 20, 2002, Special Common Council Meeting
Minutes be approved as published.
Carried Unanimously
16.2 Approval of December 4, 2002, Regular Common Council Meeting
Minutes
By Alderperson Cogan: Seconded by Alderperson Peterson
RESOLVED, That the December 4, 2002 Regular Common Council Meeting
Minutes be approved as published.
Carried Unanimously
16.3 Approval of December 10, 2002 Continuation of Regular December 4,
2002 Common Council Meeting Minutes
By Alderperson Cogan: Seconded by Alderperson Peterson
RESOLVED, That the December 10, 2002 Continuation of Regular December 4,
2002 Common Council Meeting Minutes be approved as published.
Carried Unanimously
16.4 Approval of December 11, 2002 Special Common Council Meeting
Minutes
By Alderperson Cogan: Seconded by Alderperson Peterson
RESOLVED, That the December 11, 2002 Special Common Council Meeting
Minutes be approved with the addition of language indicating the Executive
Session held.
Carried Unanimously
16.5 Approval of December 26, 2002 Special Common Council Meeting
Minutes
By Alderperson Cogan: Seconded by Alderperson Peterson
RESOLVED, That the December 26, 2002 Special Common Council Meeting
Minutes be approved as published.
Carried Unanimously
COMMUNICATIONS FROM COMMON COUNCIL:
Alderperson Sams announced that February is Black History Month and invited
Council members and members of the public to the weekly events that are being
held at the Southside Community Center.
REPORT OF THE CITY CONTROLLER:
City Controller Thayer reported that the City’s BAN’s sold in January at 1.21%
and that investment rates are very low. He further stated that Governor Pataki
announced that there will be no additional cuts to municipalities in his proposed
2003 budget, however he will be following this issue very closely.
Continuation of January 15, 2003 Meeting
January 29, 2003
14
ADJOURNMENT:
On a motion the meeting adjourned at 9:30 P.M.
________________________ _______________________
Julie Conley Holcomb, CMC Alan J. Cohen,
City Clerk Mayor