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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: “§ 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: “§ 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