HomeMy WebLinkAboutMN-CC-2003-02-05 COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 7:00 pm February 5, 2003
PRESENT:
Mayor Cohen
Alderpersons (10) Manos, Pryor, Sams, Whitmore, Vaughan, Blumenthal,
Mack, Peterson, Cogan, Hershey
OTHERS PRESENT:
City Clerk – Conley Holcomb
Assistant City Attorney - Dunn
City Attorney – Schwab
City Controller – Thayer
Planning and Development Director – Van Cort
Deputy Planning and Development Director – Cornish
Community Development Director - Bohn
Superintendent of Public Works – Gray
Human Resources Director – Michell-Nunn
Fire Chief – Wilbur
PLEDGE OF ALLEGIANCE:
Mayor Cohen led all present in the Pledge of Allegiance to the American Flag.
ADDITIONS TO OR DELETIONS FROM THE AGENDA:
Planning and Economic Development Committee:
Alderperson Manos requested the deletion of Item 5.1 Public Hearing to consider
revisions to the Sign Ordinance and Site Plan Review Ordinance, and Items
10.3A,B, C regarding the Re-zoning of Parcels 70.4-5.2 and 70.-4-6 from CBD-
60 to CBD-85.
No Council member objected.
SPECIAL ORDER OF BUSINESS:
A Public Hearing to Consider the Adoption of the Proposal to Change the
Zoning Designation of Parcels 70.4-5.2 and 70.-4-6 from CBD-60 to CBD-85
in Order to Create a Transition Zone Between the Adjacent CBD –100 and
CBD-60 Zone
Resolution to Open Public Hearing:
By Alderperson Whitmore: Seconded by Alderperson Manos
RESOLVED, That the Public Hearing to consider the zoning designations of
Parcels 70.4-5.2 and 70.-4-6 from CBD-60 to CBD-85 be declared open.
Carried Unanimously
No one appeared to address Common Council.
Resolution to Close Public Hearing:
By Alderperson Pryor: Seconded by Alderperson Mack
RESOLVED, That the Public Hearing to consider the zoning designations of
Parcels 70.4-5.2 and 70.-4-6 from CBD-60 to CBD-85 be declared closed.
Carried Unanimously
February 5, 2003
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REPORT OF CITY BOARDS, COMMISSIONS, AND COMMITTEES:
Report of the Disability Advisory Council:
Larry Roberts, Chair of the Disability Council reported that the Disability Advisory
Council is working on the following matters:
Accessibility and affordability of the City’s housing stock and the Cayuga Green
Project
Accessibility issues at the Ithaca Festival and future community events
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
The following people addressed Common Council:
Joel Harlan – Town of Newfield, Economic Development Issues
David Galezo – Ithaca, USA Patriot Act
Maria Coles – City of Ithaca, USA Patriot Act
Bob Skates – Tompkins County Human Rights Comm – USA Patriot Act
Lynne Jackier – City of Ithaca, CAN-DO, Cleveland Avenue Park
Brian Weinstein – Ithaca Fire Dept. – Military Leave Supplement
Fay Gougakis – City of Ithaca, Patriot Act, Ethics issues, Jet-ski Law
Steven Ehrhardt – City of Ithaca, Downtown Development issues, Patriot Act
John Schroeder - City of Ithaca, Commons improvements, lighting project
Mack Travis – Interlaken, Commons improvements, lighting project
Charles Schlough – Ulysses, Commons improvements, lighting project
Gary Ferguson – Ithaca Downtown Partnership, Commons lighting project
RESPONSE TO PUBLIC:
The following Common Council members responded to comments made by the
public:
Alderperson Whitmore – Cleveland Avenue Park
Alderperson Sams – CAN-DO, Cleveland Avenue Park and Southside
neighborhood
Alderperson Peterson – Personal watercraft discussion at the Neighborhood and
Community Issues meeting
Alderperson Blumenthal – Downtown development, property tax concerns
Mayor Cohen – USA Patriot Act, Ithaca Police Department
CONSENT AGENDA:
8.1 Youth Bureau – Request to Reduce Hours and Transfer Funds -
Resolution
By Alderperson Vaughan: Seconded by Alderperson Peterson
WHEREAS, Katie Foley, a member of the One-to-One program staff, has
requested permission to temporarily reduce her hours and work part-time for
personal reasons, and
WHEREAS, the Youth Bureau believes that the use of temporary/seasonal staff
will allow them to honor her request without significantly impacting program
services, now, therefore be it
RESOLVED, That Common Council hereby authorizes the reduction in hours for
one (1) Youth Development Program Leader for the One-to-One Program, Katie
Foley, from 35 hours per week to 20 hours per week from February 10, 2003 until
May 17, 2003, and be it further
RESOLVED, That Common Council authorizes Controller Steven Thayer to
transfer $2,444.00 (savings from the reduction in hours), from Account A7310-
5110-1206 to Account A7310-5120-1206, to be used to hire temporary
assistance.
Carried Unanimously
February 5, 2003
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8.2 Youth Bureau - Request to Amend 2003 Budget for Recreation
Mainstreaming Service Grant – Resolution
By Alderperson Vaughan: Seconded by Alderperson Peterson
WHEREAS, the Youth Bureau will be receiving funds from the New York State
Office of Mental Retardation and Developmental Disabilities (OMRDD) for
Mainstreaming Assistants for children with disabilities at the Day Camps and for
a “COLA” (Cost of Living Increase), and
WHEREAS, the Youth Bureau has increased the fees for the Iroquois Program;
now, therefore be it
RESOLVED, That Common Council hereby amends the 2003 Youth Bureau
Budget as follows:
Increase Anticipated Revenue accounts:
A7310-3820 Recreation Mainstreaming Services $7,571
A7310-2001 Recreation Mainstreaming Services $2,052
Increase Appropriation accounts:
A7310-5120 Part-time Seasonal $5,500
A7310-9030 Social Security $ 421
A7310-9040 Workers’ Compensation $ 952
A7310-5460 Program Supplies $3,050
Decrease Appropriation account:
A7310-5435 Contractual ($ 300)
Carried Unanimously
8.3 Acceptance of Donation by NYSEG of Sculpture Art for The
Commons - Resolution
By Alderperson Vaughan: Seconded by Alderperson Peterson
WHEREAS, NYSEG, working in conjunction with the Ithaca Downtown
Partnership, has offered to purchase a piece of sculpture art from the 2002 “Art in
the Heart of the City” sculpture exhibition and donate it to the City; and
WHEREAS, the identified piece of art is entitled “Businessman in Touch with
Nature” by artist Cherry Rahn; and
WHEREAS, the artist will recast the piece in bronze at a size of 36-40 inches for
secure outdoor display; and
WHEREAS, NYSEG and the Ithaca Downtown Partnership have set aside
additional funds for installation and a permanent plaque; and
WHEREAS, the acquisition and installation outdoor public art represents an
important downtown goal for the Ithaca Downtown Partnership and the City of
Ithaca, and
WHEREAS, outdoor sculpture art enlivens public spaces, enhances the
pedestrian experience and serves to beautify and uplift the downtown district;
and
WHEREAS, the City of Ithaca Public Arts Commission has formally
recommended acceptance of this donation of sculpture art for display in
downtown at their meeting of January 14, 2003; now, therefore be it
February 5, 2003
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RESOLVED,
1. That the City of Ithaca does hereby accept the donation of “Businessman
in Touch with Nature”, and
2. That the donation be formalized with a document between the City, the
Ithaca Downtown Partnership and NYSEG that summarizes the City,
donor, and artist’s rights and obligations pertaining to the acceptance of
donated art. This document will make use of existing language and terms
utilized in the prior two sculpture donations already approved Common
Council.
3. A site for the piece will be determined by the City of Ithaca in consultation
with Public Arts Commission and the City Public Works and Planning
Departments.
Carried Unanimously
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE:
10.1 Exterior Property Maintenance
A. An Ordinance to Amend Chapter 178 of the City of Ithaca Municipal
Code Entitled Property Maintenance Ordinance
By Alderperson Manos: Seconded by Alderperson Pryor
WHEREAS, Common Council enacted the Exterior Property Maintenance
Ordinance (Chapter 178) on June 13, 2001, and
WHEREAS, the Building Department has now had over a year to work with the
ordinance and has detected certain areas in the ordinance that need clarification
and modification; now therefore
ORDINANCE NO. -2003
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca
as follows:
Section 1:
Section 178-2 (Definitions) of the Ithaca City Code is hereby amended to add a
definition for litter, as follows:
LITTER: improperly discarded material consisting of but not limited
to paper and plastic bags, bottles, cans, bottle caps, containers,
garbage, paper, newspaper, pieces of paper, paper and plastic
cups, wrappers, articles of clothing, cigarette butts, toilet paper, or
any other trash disposed on the grounds, bushes or trees of a
property.
Section 2:
Section 178-3 (Standards for grounds and exterior property) of the Ithaca City
Code is hereby amended as follows:
A. All grounds and exterior property are kept clean and free of solid
waste.
A. To keep all grounds on the exterior of the premise free from
solid waste and to remove any litter that has been cast, blown,
thrown, put, placed, or accidentally dropped on the grounds,
bushes, or in trees, and allowed to remain on the grounds, bushes,
or in trees for forty-eight (48) hours.
E. Grass, weeds or other vegetation on grounds and
exterior property are maintained so that the height of the
vegetation is limited to nine ten inches, except for trees,
bushes and other vegetation planted, maintained or kept for
some ornamental or other useful purpose. Natural
February 5, 2003
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woodlands shall be considered an ornamental or useful
purpose. Premises situated at street intersections or on
curved streets shall be kept in such condition as to give a
clear and unobstructed view of the intersection or curve.
I. Steps, walks, driveways, parking spaces, and other similar
paved areas in sidewalks, driveways, and tree lawns are
maintained so as to afford safe passage under normal use
and weather conditions.
Section 3:
Section 178-9 (Liability for area between sidewalk and curb) of the Ithaca City
Code is hereby amended as follows:
§ 178-9. Liability for area between sidewalk and curb.
Property owners shall be liable for any injury or damage resulting from or caused
by reason of omission, failure or negligence to maintain the area between the
sidewalk and the curb of the street in the manner described in § 178-3F and to
maintain steps, walks, driveways, parking spaces, and other similar paved areas
in sidewalks, driveways, and tree lawns in the manner described in § 178-3I.
Section 4 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 with Building Commissioner Radke and
Superintendent Gray explaining the need for the revised language, property
owner responsibilities, and enforcement procedures.
A vote on the Ordinance resulted as followed:
Carried Unanimously
10.1 B. An Ordinance to Amend Chapter 331 of the City of Ithaca
Municipal Code Entitled Garbage, Trash and Weeds
By Alderperson Manos: Seconded by Alderperson Blumenthal
WHEREAS, Common Council enacted the Exterior Property Maintenance
Ordinance (Chapter 178) on June 13, 2001, and
WHEREAS, the Building Department has now had over a year to work with the
ordinance and has detected certain areas in the ordinance that need clarification
and modification, and
WHEREAS, Chapter 178 Exterior Property Maintenance is being amended by
Ordinance No. _______-2003, and
WHEREAS, Chapter 331 Garbage, Trash and Weeds needs to be revised to be
consistent with said Chapter 178 amendments; now therefore
ORDINANCE NO. __-2003
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca
as follows:
Section 1:
Section 331-1 Garbage, Trash and Weeds is hereby amended as follows:
A. The owners of all private property are hereby required to
cut, trim, or remove brush, high grass, rubbish and weeds from
their premises and keep such premises in a reasonably clean and
sanitary condition to prevent breeding of insects or vermin and to
prevent the spread of noxious weeds to adjoining premises.
February 5, 2003
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Premises situated at street intersections or on curved streets shall
be kept in such a condition as to give a clear and unobstructed view
of the intersection or curve. Cutting of grass every three weeks
from May to October 1 of each year shall be deemed compliance
with this section.
A. Grass, weeds or other vegetation on grounds and
exterior property are maintained so that the height of the vegetation
is limited to ten inches, except for trees, bushes and other
vegetation planted, maintained or kept for some ornamental or
other useful purpose. Natural woodlands shall be considered an
ornamental or useful purpose. Premises situated at street
intersections or on curved streets shall be kept in such condition as
to give a clear and unobstructed view of the intersection or curve.
Section 2:
This ordinance shall take effect immediately in accordance with law upon
publication of a notice as provided in the Ithaca City Charter.
Carried Unanimously
10.2 Conveyance of Lot D to the Ithaca Urban Renewal Agency in
Conjunction with the Cayuga Green Project - Resolution
By Alderperson Manos: Seconded by Alderperson Pryor
WHEREAS, the City of Ithaca supports implementation of the Cayuga Green at
Six Mile Creek Project (“Cayuga Green Project”), a mixed-use downtown project
including the following activities:
approximately 1,780 parking spaces within parking garages
14,600 – 68,600 sq. ft. of retail
110 – 202 housing units,
landscaped creek walk along Six Mile Creek, and
WHEREAS, the Cayuga Green Project site contains the following parcels:
Street Address Tax Map Number Approx. Area Owner Current Use
235 S. Cayuga St. 500700-81.-2-1 70,736 sq. ft. City of Ithaca surface parking
131-33 E. Green St 500700-70.-8-10.2 44,922 sq. ft. City of Ithaca surface parking
135 E. Green St. 500700-70.-8-10.1 8,778 sq. ft. City of Ithaca helix to parking
garage
116-128 E. Green St. 500700-70-4-5.2 43,890 sq. ft. I. Stanley Goldberg ground
level parking
under Green St.
Garage
City of Ithaca air rights
Green St. Garage,
112 E. Green St. 500700-70.-4-6 12,707 sq. ft. City of Ithaca surface
parking/Green St. Garage,
and
WHEREAS, the Cayuga Green Project will be phased to begin development on
parcels owned by the City of Ithaca that are located directly south and east of the
Tompkins County Library, also known as “Lot D,” and
WHEREAS, the most affordable financing structure for the project involves
conveyance of the project site to the Ithaca Urban Renewal Agency (IURA) and
subsequent leasing out of certain rights by the IURA to developers undertaking
components of the project, and
WHEREAS, actions of the IURA are governed by the Urban Renewal Plan
(“Plan”), and
WHEREAS, the Cayuga Green at Six Mile Creek project site is located within the
Urban Renewal Project Boundary (the “IURA Project Area”), that area of the City
designated for the IURA to undertake urban renewal actions in the Plan, and
February 5, 2003
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WHEREAS, the Plan authorizes the IURA to acquire property in the IURA Project
Area upon designation of the properties for acquisition by the Common Council,
and
WHEREAS, the Plan includes the following objectives:
Expansion and diversification of the economic base of the community to
provide the employment opportunities needed by its residents and to
strengthen its tax base;
Provision of the full range of neighborhood and community facilities and
services necessary to meet the resident’s needs, through new
construction or improvement of existing facilities and programs; and
WHEREAS, the Cayuga Green at Six Mile Creek project is consistent with the
Urban Renewal Plan and the transfer of the City-owned parcels of the project site
to the IURA will advance implementation of this project, and
WHEREAS, the action to transfer City-owned parcels of the Cayuga Green
Project site to the IURA is incorporated into the environmental review for the
Downtown Development Project, now, therefore be it
RESOLVED, That the Common Council of the City of Ithaca hereby determines
that the Cayuga Green at Six Mile Creek project is consistent with, and in
furtherance of, the City of Ithaca Urban Renewal Plan, and be it further
RESOLVED, That the Common Council hereby designates the Cayuga Green
Project site parcels listed above as appropriate for acquisition and disposition by
the Ithaca Urban Renewal Agency in order to facilitate the Cayuga Green at Six
Mile Creek project using the powers granted to the IURA under the laws of New
York State, and be it further
RESOLVED, That the Common Council hereby approves transferring ownership
of the City-owned parcels of the Cayuga Green Project site to the IURA,
excepting out any necessary easements for municipal utilities and public access,
upon completion of the environmental review of the project:
Street Address Tax Parcel Number
235 S. Cayuga St. 500700-81.-2-1
131-33 E. Green St 500700-70.-8-10.2
135 E. Green St. 500700-70.-8-10.1
and be it further,
RESOLVED, That all costs incurred by the IURA in acquisition, holding and
disposition of the parcels shall be paid from the Cayuga Green project, and be it
further
RESOLVED, That closing on the transfer of property ownership to the IURA is
contingent upon Common Council approval of a “lease-back” agreement
between the IURA and City Of Ithaca, and be it further
RESOLVED, That, in accordance with IUR A disposition policy, there shall be no
disposition through lease or sale to a private developer without final approval by
Common Council, and be it further
RESOLVED, That it is the intent of the Common Council that IURA disposition of
project site property to private developers shall be accomplished only through
lease agreements, not a sale of property, and be it further
RESOLVED, That the Common Council hereby authorizes the Mayor, upon
review of the City Attorney, to sign any and all instruments necessary to
implement this resolution.
February 5, 2003
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Motion to Table:
By Alderperson Manos: Seconded by Alderperson Whitmore
RESOLVED, That this item is tabled pending further discussion at the Committee
of the Whole meeting on February 6, 2003.
Carried Unanimously
NEW BUSINESS:
13.2 Request to Amend Commons Improvements Capital Project
By Alderperson Hershey: Seconded by Alderperson Mack
WHEREAS, At present, the existing Commons Improvement capital project has
$90,540.00 remaining, and
WHEREAS, The City has a $25,000.00 from the NYS Main Street Grant,
$115,000.00 in additional State funding and $25,000.00 that was previously
authorized and bonded, and
WHEREAS, The total base bid for this project came in at $491,761.00 including
lights and electrical upgrades, and
WHEREAS, An additional $236,000.00 in funding has been acquired by the City
including a Main Street Grant, additional State funding, and previously authorized
funds, and
WHEREAS, the remaining monies in the existing capital project need to be
increased by $400,000.00 for a total project cost of $491,761.00, in order to
complete the project, now therefore be it
RESOLVED, That Capital Project #386 be increased by an amount not to exceed
$400,000.00, giving a total project cost of $491,761.00, for purposes of funding
said renovations, and be it further
RESOLVED, That the funds for said project shall be derived from the issuance of
serial bonds.
Extensive discussion followed on the floor with Deputy Planning and
Development Director Cornish, Community Development Director Bohn,
Superintendent of Public Works Gray, and City Controller Thayer regarding the
construction timeline, project funding, and the ramifications of delaying the
project.
Amending Resolution:
By Alderperson Whitmore: Seconded by Alderperson Mack
RESOLVED, That the following language replace the language in the original
Resolution:
“WHEREAS, at present, the existing Commons Improvement capital project has
$90,540 remaining, and
WHEREAS, the City has a $25,000 NYS Main Street Grant and $25,000 that was
previously authorized and bonded for another downtown lighting project, and
WHEREAS, the City received $115,000 of CDBG funds for a downtown incubator
project, and the project sponsor has since withdrawn from the project, and
WHEREAS, the IURA, after seeking other projects, in the interest of a rapid
spend down of these funds has authorized the reprogramming of these funds for
the downtown lighting project, and
WHEREAS, formal State approval of the reprogrammed funds is pending
approval of this Resolution by the Common Council, and the holding of a public
hearing, and
February 5, 2003
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WHEREAS, the total base bid for this project came in at $491,761 including lights
and electrical upgrades, and
WHEREAS, an additional $236,221 is necessary to be bonded for this project,
and
WHEREAS, the remaining monies in the existing capital project need to be
increased by $400,221 for a total project cost of $491,761, in order to complete
the project; now, therefore, be it
RESOLVED, That Capital Project #386 be increased by an amount not to exceed
$400,000 giving a total project cost of $491,761, for purposes of funding said
renovations, and, be it further
RESOLVED, That the funds for said project shall be derived from the issuance of
serial bonds.”
Ayes (9) Manos, Pryor, Whitmore, Sams, Vaughan, Mack
Peterson, Hershey, Cogan
Nays (1) Blumenthal
Carried
Main Motion as Amended:
A vote on the Main Motion as Amended resulted as follows:
Ayes (9) Manos, Pryor, Whitmore, Sams, Vaughan, Mack
Peterson, Hershey, Cogan
Nays (1) Blumenthal
Carried
RECESS:
Common Council recessed at 9:40 p.m.
RECONVENE:
Common Council reconvened into Regular Session at 10:00 p.m.
HUMAN RESOURCES COMMITTEE:
12.1 Extension of Supplemental Military Leave - Resolution
By Alderperson Peterson: Seconded by Alderperson Blumenthal
WHEREAS, on November 7, 2001 Common Council passed a resolution
extending Supplemental Military Leave benefits until September 10, 2002, and
WHEREAS, on October 2, 2002 Common Council passed a resolution further
extending Supplemental Military Leave benefits through February 28, 2003, and
WHEREAS, there continues to be a need for Military readiness resulting in
recurring tours of duty, and
WHEREAS, it continues to be the desire of Common Council to ease the
financial strain on the families of those Reservists continuing to serve their
country resulting from the possibility of war on Iraq by extending their health
insurance benefits beyond February 28, 2003, now, therefore, be it
RESOLVED, That upon the signing of a Memorandum of Understanding with
CSEA Administrative Unit, CSEA Department of Public Works Unit, Police
Benevolent Association, Ithaca Paid Fire Fighters, Chief Officers Unit, and the
Executive Association, the City will continue to pay the difference in pay between
military and base City salary to such City employees in the Reserves or National
Guard who are called to serve their country resulting from the possibility of war
on Iraq, except in the event that military pay exceeds or equals City salary, for up
to one (1) year for any employee called to duty in 2003, and be it further
February 5, 2003
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RESOLVED, That upon the signing of a Memorandum of Understanding with
CSEA Administrative Unit, CSEA Department of Public Works Unit, Police
Benevolent Association, Ithaca Paid Fire Fighters, Chief Officers Unit, and the
Executive Association, the City will hereby continue individual and family health
insurance coverage for up to one (1) year for any employee called to active
military duty in 2003 resulting from the possibility of war on Iraq.
Carried Unanimously
12.2 Fire Department - Temporary Fire Lieutenant - Resolution
By Alderperson Peterson: Seconded by Alderperson Manos
WHEREAS, Lt. Thomas Deis is a member of the New York National Guard; and,
WHEREAS, Lt. Thomas Deis has been ordered to active duty on 25 JAN 03, for
at least 12 months; and,
WHEREAS, the Ithaca Fire Department maintains minimum staffing levels which
require the use of overtime work when insufficient numbers of regular shift
personnel are available for duty; and,
WHEREAS, the long term and unplanned absence of an officer will likely
generate significant overtime work; and,
WHEREAS, the creation and appointment of a temporary fire lieutenant will
permit the fire department to stabilize the situation created by the long term
absence of Lt. Thomas Deis due to military leave, including the avoidance of
some overtime work; now, therefore be it
RESOLVED, The Ithaca Fire Department is hereby authorized to create the
position of Temporary Fire Lieutenant for the period from the date of this
approval until such time as the active military duty assignment for Lt. Thomas
Deis has been concluded.
Discussion followed on the floor regarding the availability of funds from within the
Fire Department budget to cover this request.
A vote on the Resolution resulted as follows:
Carried Unanimously
BUDGET & ADMINISTRATION COMMITTEE
11.1 Fire Department – Request to Amend Capital Project #461 Nautical
Emergency Response Center
Alderperson Vaughan: Seconded by Alderperson Whitmore
WHEREAS, on August 7, 2002, Common Council established Capital Project
#461 in the amount of $25,000 to support development of a proposed Nautical
Emergency Response Center, which would be located on Cayuga Lake, and
WHEREAS, this facility would enhance local marine safety by providing a joint base
of response for local emergency response agencies, including the Ithaca Fire
Department, and improving facilities for local water safety training, and
WHEREAS, at the time this capital project was approved, the City Controller
indicated that the project could be amended to expand the amount once additional
funding was received, and
WHEREAS, the Ithaca Fire Department, in its ongoing search for additional funding
from various public and private sources, has received a grant commitment from
Lockheed Martin Corporation, which will award $25,000 over the next five years to
support this project, and
WHEREAS, the initial installment of $5,000 under this grant was received on
December 23, 2002; now, therefore, be it
February 5, 2003
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RESOLVED, That Common Council hereby amends Capital Project #461 by an
amount not to exceed $25,000 for a total authorization of $50,000, and authorizes
the City Controller to transfer funds received for this project to this capital account,
and be it further
RESOLVED, That the additional $25,000 in funds shall be derived from said grant.
Carried Unanimously
11.2 Approval of 2002-2006 City of Ithaca/Town of Ithaca Fire Contract
By Alderperson Vaughan: Seconded by Alderperson Sams
WHEREAS, a committee comprised of representatives of Common Council, City
Staff, and members of the Town Board have been meeting for two years, in the
interest of negotiating a new Fire Protection contract for a five-year period
commencing January 1, 2002, and
WHEREAS, the Town of Ithaca, after the City passed the City/Town Fire Contract
at its March 6, 2002 regular Common Council meeting, made some substantive
wording changes, and
WHEREAS, the negotiating committee has put forth a recommended contract for
the five-year period 2002 through 2006; now, therefore, be it
RESOLVED, That the Mayor be hereby authorized to execute said agreement as
approved and recommended by the negotiating committee, subject to Ithaca Town
Board approval.
Discussion followed on the floor with Fire Chief Wilbur explaining the terms of the
contract, and Council members recommending grammatical corrections and
clarifying language to the agreement.
A vote on the Resolution resulted as follows:
Carried Unanimously
11.3 Controller – Delegation of Power to the City Controller
A Resolution Delegating to the City Controller of the City of Ithaca,
Tompkins County, New York, the Power to Authorize the Issuance of and to
Sell, from time to time and during the 2003 and 2004 Fiscal Year, Revenue
Anticipation Notes of said City in Anticipation of the Collection or Receipt
of Revenues Estimated to be Received by said City.
By Alderperson Vaughan: Seconded by Alderperson Cogan
BE IT RESOLVED, by the Common Council of the City of Ithaca, Tompkins
County, New York, as follows:
Section 1. The power to authorize the issuance of and to sell, from time to
time during the 2003 and 2004 fiscal year, revenue anticipation notes of the City
of Ithaca, Tompkins County, New York, including renewals thereof, in anticipation
of the collection or receipt of revenues estimated to be received by said City 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 determined by said City Controller, pursuant to the Local Finance Law.
Section 2. This resolution shall take effect immediately.
Discussion followed on the floor with City Controller Thayer explaining the
purpose of RANs and why the City is now eligible to issue them.
A roll call vote resulted as follows:
Manos – Aye Pryor – Aye
Sams – Aye Whitmore – Aye
Vaughan – Aye Blumenthal – Aye
Mack – Aye Peterson – Aye
Cogan – Aye Hershey – Aye
Carried Unanimously
February 5, 2003
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11.4 Common Council – Approval to Defend the Civil Rights and Liberties
of the People of Ithaca
By Alderperson Cogan: Seconded by Alderperson Blumenthal
WHEREAS, the City of Ithaca is home to a diverse population, including citizens
of other nations, whose contributions to the community are vital to its character
and function, and
WHEREAS, the City of Ithaca has a long and distinguished history of protecting
and expanding civil rights and civil liberties, and has often been a haven for
citizens of the United States and other nations when rights and liberties are
threatened, and
WHEREAS, the Common Council of the City of Ithaca is opposed to terrorism,
but also believes that efforts to end terrorism should not disproportionately
infringe on the essential civil rights and liberties of the people of Ithaca, and
WHEREAS, the City of Ithaca and its citizens are governed by the United States
Constitution, including the Bill of Rights, and the New York State Constitution,
and
WHEREAS, the Bill of Rights of the United States Constitution guarantees those
living in the United States the following rights:
freedom of speech, assembly and privacy;
protection from unreasonable searches and seizures;
due process in judicial proceedings and access to counsel;
protection from cruel and unusual punishment; and
equality before the law and the presumption of innocence; and
WHEREAS, in response to the tragic events of September 11, 2001, the United
States Congress passed the USA PATRIOT Act, which was signed into law by
President George W. Bush on October 26, 2001, and
WHEREAS, many residents of Ithaca, surrounding communities, and other
communities across the nation are concerned that the USA PATRIOT Act
threatens the civil rights and liberties of citizens of the United States and other
nations by:
greatly expanding the government's ability to secretly enter homes and
offices to conduct searches without warrants;
significantly reducing judicial supervision of telephone, e-mail and Internet
surveillance;
granting law enforcement officials broad access to sensitive medical,
mental health, business, financial, educational, and other records about
individuals without first showing probable cause or evidence of a crime;
expanding the authority of law enforcement officials to obtain from libraries
and bookstores any records of books that a person has borrowed or
purchased, and prohibiting librarians and employees from disclosing that
they have been ordered to produce such records;
granting unchecked power to the U.S. Secretary of State to designate
domestic groups, including religious and political organizations, as
"terrorist organizations";
creating a crime of “domestic terrorism” that is so vaguely defined it could
be applied to political activism and lead to the criminalization of legitimate
political dissent;
granting power to the U.S. Attorney General to subject immigrants to
indefinite detention or deportation, even if they have not committed a
crime; and
allowing the CIA to have access to sensitive information gathered during
criminal investigations; and
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WHEREAS, the civil rights and liberties of all Americans are further threatened
by orders and rules of the executive branch that:
establish secret military tribunals for terrorism suspects;
authorize eavesdropping on confidential communications between lawyers
and their clients in federal custody;
allow the government to designate citizens as “enemy combatants” and
place them in military custody indefinitely without access to counsel or
judicial review;
remove Justice Department regulations against covert, illegal counter-
intelligence operations by the FBI that in the past targeted domestic
groups and individuals;
limit the disclosure of public documents and records under the Freedom of
Information Act; and
WHEREAS, the Common Council of the City of Ithaca recognizes that excessive
infringement on the constitutionally guaranteed rights of any person is an abuse
of power, a breach of the public trust, and beyond the scope of governmental
authority, and
WHEREAS, a growing number of communities around the country have resolved
to support and defend the civil rights of their residents, now, therefore, be it
RESOLVED, That the Common Council of the City of Ithaca affirms its strong
opposition to terrorism, and also affirms its strong support for fundamental
constitutional rights and its opposition to federal measures that infringe on civil
liberties, and be it further
RESOLVED, That the City of Ithaca calls upon the employees of all City
departments and agencies to continue to actively uphold and defend citizens’
civil rights and civil liberties as specified in the Bill of Rights and the Fourteenth
Amendment of the United States Constitution, and be it further
RESOLVED, That the City of Ithaca requests that the U.S. Attorney’s Office, the
Office of the Federal Bureau of Investigation, the New York State Police, and any
other Federal, State and local law enforcement officers with any such information
report publicly each month to the City of Ithaca Common Council and the
Tompkins County Human Rights Commission the extent and manner in which
they have acted under the USA PATRIOT Act and new Executive Orders,
including but not limited to disclosing:
the names of any detainees held in the area, or any City of Ithaca
residents detained here or elsewhere, and the circumstances that led to
the detention;
the charges, if any, lodged against each detainee;
the name of Counsel, if any, representing each detainee;
the number of search warrants that have been executed in the City of
Ithaca without notice to the subject of the warrant pursuant to §213 of the
USA PATRIOT act;
the extent of electronic surveillance carried out in the City of Ithaca under
powers granted in the USA PATRIOT Act;
the extent to which federal authorities are monitoring political meetings,
religious gatherings, or other such activities within the City of Ithaca;
the number of times education records have been obtained from public
schools and institutions of higher learning in the City of Ithaca under §507
of the USA PATRIOT Act;
the number of times library records have been obtained from libraries in
the City of Ithaca under §215 of the USA PATRIOT Act;
the number of times that records of the books purchased by store patrons
have been obtained from bookstores in the City of Ithaca under §215 of
the USA PATRIOT Act; and
subpoenas issued to Ithaca citizens through the United States Attorney’s
Office without a court’s approval or knowledge; and be it further
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14
RESOLVED, That the City of Ithaca requests that United States Senators
Charles Schumer and Hillary Clinton and United States Representative Maurice
Hinchey monitor the implementation of the USA PATRIOT Act and the
associated orders and rules of the executive branch and actively work for the
repeal of those portions of the Act and those orders and rules that violate the
rights and liberties guaranteed by the United States Constitution, and be it further
RESOLVED, That the City Clerk communicate this resolution to all City
departments and employees, New York State’s Congressional Delegation, the
Governor and Attorney General of the State of New York, the local U.S.
Attorney's office, the local office of the Federal Bureau of Investigation, the New
York State Police, the United States Attorney General, and the President of the
United States.
Extensive discussion followed on the floor regarding the impact of the resolution
on City employees, specifically the Ithaca Police Department.
A vote on the Resolution resulted as follows:
Carried Unanimously
NEW BUSINESS:
13.1 Motion to Enter in Executive Session to Discuss Acquisition of Land
By Alderperson Manos: Seconded by Alderperson Whitmore
RESOLVED, That Common Council adjourn into Executive Session to discuss
the acquisition of land.
Carried Unanimously
RECONVENE:
Common Council reconvened into Regular Session at 11:30 pm with no formal
action taken.
UNFINISHED AND MISCELLANEOUS BUSINESS:
Sewer Report
Mayor Cohen distributed the draft Intermunicipal Wastewater Agreement. He
reviewed recent changes to the document and asked Common Council to read
through the agreement and forward any questions or concerns to him. He
explained that several related agreements still need to be made before the
Intermunicipal Wastewater Agreement can be signed.
APPROVAL OF MINUTES:
Approval of the Minutes of the January 15, 2003 Common Council Meeting
By Alderperson Blumenthal: Seconded by Alderperson Whitmore
RESOLVED, That the minutes of the January 15, 2003 Common Council
meeting be approved as published.
Carried Unanimously
Approval of the Minutes of the September 4, 2002 Common Council
Meeting
By Alderperson Blumenthal: Seconded by Alderperson Whitmore
RESOLVED, That the minutes of the September 4, 2002 Common Council
meeting be approved as published.
Carried Unanimously
COMMUNICATIONS FROM COMMON COUNCIL:
Alderperson Blumenthal reported that currently 64 cities across the country have
passed Resolutions against the war in Iraq and 70 more are considering similar
legislation. She further reported that she has accepted an invitation from the
Institute for Policy Studies in Washington D.C. to attend an event on February
13, 2003 where elected representatives of those cities will be presenting their
resolutions.
February 5, 2003
15
Alderperson Pryor announced that the February, Neighborhood and Community
Issues meeting has been moved to Tuesday, February 11, 2003 at 7:30 pm in
observance of the Lincoln’s Birthday holiday.
COMMUNICATIONS FROM THE MAYOR:
Mayor Cohen announced the availability of the 2003 Annual Disclosure
Statements of the City’s elected officials. These forms may be reviewed in the
City Clerk’s Office during regular business hours.
Mayor Cohen reported that the Human Resources Department has begun to
issue City of Ithaca identification cards to City employees. Common Council
members are welcome to attend one of the City’s distribution sessions or can
make an appointment with the HR Department.
Mayor Cohen further announced that the Public Hearing regarding the re-
programming of CBDG funds for the Commons Lighting Project will be held on
February 19, 2003 at 7:30 p.m., preceding the Planning Committee meeting.
RECESS:
On a motion the meeting recessed at 11:45 pm until 9:00 p.m. February 6, 2003.
________________________ _______________________
Julie Conley Holcomb, CMC Alan J. Cohen,
City Clerk Mayor