HomeMy WebLinkAboutMN-CC-2003-04-02 COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 7:00 pm April 2, 2003
PRESENT:
Mayor Cohen
Alderpersons (10) Manos, Pryor, Sams, Whitmore, Vaughan, Blumenthal,
Mack, Peterson, Cogan, Hershey
OTHERS PRESENT:
City Clerk – Conley Holcomb
City Attorney – Schwab
City Controller – Thayer
Economic Development Director – McDonald
Community Development Director - Bohn
Human Resources Director – Michell-Nunn
Building Commissioner – Radke
City Planner – Logue
Assistant Superintendent of Water & Sewer – Fabbroni
Community Development Planner - Kittel
PLEDGE OF ALLEGIANCE:
Mayor Cohen led all present in the Pledge of Allegiance to the American Flag.
ADDITIONS TO OR DELETIONS FROM THE AGENDA:
Human Resources Committee:
Alderperson Peterson requested the addition of Item 10.6 – Department of Public Works
– Request to Create Temporary Positions – Resolution.
No Council member objected.
Planning and Economic Development Committee:
Alderperson Manos requested the addition of an Executive Session to discuss
acquisition of land.
No Council member objected.
New Business:
Mayor Cohen requested the addition of a discussion regarding the possible changes of
a Memorandum of Understanding.
Mayor Cohen further requested the addition of Item 13.4 Lost Dog Café Alcohol Permit
Request – Resolution.
No Council member objected.
COMMUNICATIONS / PROCLAMATIONS:
Mayor Cohen issued the following Proclamations:
April 2, 2003 – Ithaca Squirt Travel Hockey Team Day
Month of April – Child Abuse Prevention and Sexual Assault Awareness Month
April 6-12, 2003 – Tompkins County Crime Victims Rights Week
April 13-19, 2003 – Student Employment Appreciation Week
SPECIAL ORDER OF BUSINESS:
A Public Hearing on the Proposed Small Cities Community Development Block
Grant Application (CDBG)
Resolution to Open Public Hearing
By Alderperson Manos: Seconded by Alderperson Hershey
RESOLVED, That a Public Hearing on the Proposed Small Cities Community
Development Block Grant (CDBG) Application for the Northside Triangle Neighborhood
be declared open.
Carried Unanimously
April 2, 2003
2
Lynne Jackier addressed Common Council in support of the CDBG Application, and its
impact on the Drop-In Children’s Center.
Resolution to Close Public Hearing
By Alderperson Hershey: Seconded by Alderperson Vaughan
RESOLVED, That a Public Hearing on the Proposed Small Cities Community
Development Block Grant (CDBG) Application for the Northside Triangle Neighborhood
be declared closed.
Carried Unanimously
Common Council’s Appointment to the Local Advisory Board of Assessment
Review
By Alderperson Manos: Seconded by Alderperson Mack
RESOLVED, That Martha Preston and Allan Warshawsky be appointed to the Local
Advisory Board of Assessment Review, with Margaret Hobbie, Chris Anagnost and
Jane Schafrik being designated as alternates.
Carried Unanimously
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
Joel Harlan – Town of Newfield – War protests
Joe Wetmore – Town of Ithaca – Filling of committee vacancies, ethics concerns
Guy Gerard – City of Ithaca – Distributed a survey of Commons Merchants regarding
dogs on the Commons
Fay Gougakis – City of Ithaca – Request for an apology for defamation of character,
Hudson Street exterior property maintenance concerns, eminent domain concerns
Lynne Jackier – City of Ithaca – Request for status report of Cleveland Avenue Park
and Southside Initiative
RESPONSE TO PUBLIC:
Alderpersons Mack, Blumenthal, and Sams responded to comments made regarding
dogs on the Commons.
Alderperson Blumenthal further responded to comments made regarding Cornell
University.
Alderpersons Manos and Sams responded to comments made about the Cleveland
Avenue Park and the Southside Initiative. They noted that these projects involve the
acquisition of land and therefore deliberations have to remain in executive session at
this point.
Alderperson Hershey responded to comments made regarding ethics.
Alderperson Vaughan thanked her colleagues for their support and welcomed
Alderperson Sams back from a medical leave.
Mayor Cohen responded to comments made regarding the wall ladders that were
installed on the promenade wall for the safety of the rowing community.
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE:
12.1 FY 2003 Small Cities Community Development Block Grant Application -
Resolution
By Alderperson Manos: Seconded by Alderperson Pryor
WHEREAS, on January 6, 2003 the Governor’s Office for Small Cities announced the
availability of funding for the Housing, Public Facilities, MicroEnterprise Single Purpose
and Comprehensive FY 2003 Annual Round of the New York State administered Small
Cities Community Development Block Grant (CDBG) Program, and
WHEREAS, the application authorizes the City of Ithaca to apply for a grant of up to
$650,000 through the “comprehensive” category or $400,000 through the “single
purpose” category, and
April 2, 2003
3
WHEREAS, a “comprehensive” application is intended to address a substantial portion
of the community development needs of a defined area through two or more
coordinated activities in the areas of housing, public facilities, economic development
and public services, and
WHEREAS, each activity within the CDBG grant application must meet one of the
national objectives for (1) benefit to low- and moderate-income persons, (2) elimination
of slums or blighting conditions, or (3) meeting community needs having a particular
urgency, and
WHEREAS, the City recognizes the need to support efforts to promote neighborhood
revitalization through provision of quality, affordable housing, creation of employment
opportunities, improvement of public facilities and increased public services that
principally benefit Ithaca’s low- and moderate-income population and the elimination of
blighting conditions, and
WHEREAS, the CDBG grant application is due on April 11, 2003, and
WHEREAS, the Ithaca Urban Renewal Agency (IURA) solicited funding proposals on
November 20, 2002 from citizens, for-profit and not-for-profit organizations and received
ten proposals, and
WHEREAS, in compliance with the Citizen Participation Plan, the IURA convened two
Community Input meetings on December 2, 2002 and December 10, 2002, and held a
public hearing on February 6, 2003 to gain public input on the formulation of the
application, and
WHEREAS, the IURA evaluated the proposals submitted and considered alternative
activities in the context of community development needs and the grant rating criteria at
meetings held on February 6th, February 13th, and February 27th, and
WHEREAS, at their February 27, 2003 meeting, the IURA recommended that the
Common Council approve the following Small Cities CDBG application, now, therefore,
be it
RESOLVED, That the Common Council hereby authorizes the IURA to submit a FY
2003 Small Cities CDBG application containing the following budgeted activities:
CDBG
Budget Northside Triangle Neighborhood Comprehensive
$340,000 Drop-In Children’s Center Expansion (28 childcare slots)
$205,000 INHS In-Fill New Housing Construction (6 new housing units)
$25,000 Conley Park Improvements
$80,000 Administration
$650,000 TOTAL
and be it, further
RESOLVED, That should the IURA determine that any of the above activities encounter
feasibility issues that would hinder their timely completion or adversely affect their impact
scoring, the Common Council authorizes the IURA to make adjustments in the application
to resolve feasibility and rating concerns, and be it further,
RESOLVED, That the Common Council authorizes the IURA to administer and
implement all CDBG activities in accordance with applicable regulations, including, but
not limited to, Title 24, Section 570 of the Code of Federal Regulations, and be it further,
RESOLVED, That the Mayor, upon the advice of the City Attorney and the Executive
Director of the IURA, is hereby authorized to execute any and all documents for the
submission of this application, acceptance of funding and implementation of the
program, and be it further,
April 2, 2003
4
RESOLVED, That the Urban Renewal Plan shall be amended to include the community
development needs and proposed activities contained in the FY 2003 Small Cities
CDBG application.
Carried Unanimously
12.2 Department of Planning & Development 2003 Priority Projects
By Alderperson Manos: Seconded by Alderperson Blumenthal
WHEREAS, the Department of Planning & Development's proposed 2003 High
Priorities Work Program has been reviewed by the Planning and Economic
Development Committee of Council and the Planning & Development Board, therefore,
be it
RESOLVED, That the Common Council designates the following as the Department's
priority projects for 2003:
ECONOMIC DEVELOPMENT:
Provide assistance to major downtown development projects, including Cayuga
Green, the Ciminelli-Cornell office building, Hilton Hotel, Gateway Project and State
Theatre.
Continue downtown business retention and recruitment program.
Complete planning for an additional parking structure or structures in CBD. Continue
planning for additional parking in Collegetown.
Complete land exchange on Inlet Island in preparation for private development.
In cooperation with the private sector, continue implementation of Inlet Island Plan.
Continue planning for additional waterfront development in cooperation with
Tompkins County and others.
Continue review of major southwest development projects as submitted.
Continue planning for development of former South West Park area.
Continue design for Taughannock Boulevard extension.
Complete Meadow Street intersection improvements.
Complete Spencer Street reconstruction project.
Continue planning and design for construction of Cherry Street extension.
NEIGHBORHOODS AND QUALITY OF LIFE:
In cooperation with Ithaca Neighborhood Housing Services (INHS), continue
implementation of $2 million Neighborhood Housing Initiative.
Complete Greater Southside Neighborhood Plan and continue neighborhood
planning initiative.
Construct first phase traffic calming projects. Continue planning and design for
citywide program upon authorization of Common Council.
Continue planning for citywide trail system connecting residential neighborhoods and
commercial areas to open space, natural areas and regional trail system.
Complete construction of Phase I sections of the Cayuga Waterfront Trail, including
Inlet Island Promenade, east side of Inlet Island along the Cayuga Inlet (Carrubia
Property) and Bistro Q. Continue search for outside funding for completion of
Promenade.
April 2, 2003
5
Begin design and right of way acquisition for Phase II (Cass Park to Farmers’
Market) construction of the Cayuga Waterfront trail in accordance with completed
trail master plan. Continue to seek funding for Phase III and IIIb, Farmers’ Market to
Stewart Park and Stewart Park to the Visitors’ Center.
Complete work with County on Local Waterfront Revitalization Program (LWRP).
Begin work on developing implementation strategies.
Continue work on acquisition as they become available of critical parcels in Six Mile
Creek gorge, using existing reserve fund allocation.
Complete Historic Preservation Guidelines.
Continue planning for pedestrian linkages across Route 13 at various locations,
including Dey Street, Third Streets and south of Six Mile Creek. Seek funding for
implementation.
Begin implementation of Bicycle Plan.
Continue planning for dredging of city waterways. Find acceptable spoil deposition
site.
INFORMATION ACQUISITION AND MANAGEMENT:
Complete citywide GIS needs assessment and development plan.
Begin implementation of GIS program, including data and application development
based on GIS needs assessment.
Update digital planimetric map with 2002 aerial photography.
Complete periodically required improvements to "ithacamaps" web based GIS
application, particularly data updates and additions.
REGULATIONS AND MAJOR PERMITS:
Continue review of major Cornell projects.
Amend local CEQR to conform with State SEQRA law.
Complete revisions to Landmarks Preservation Ordinance.
Seek funding to complete documentation for historic district designations:
Cornell/Treman; Sigma Chi – Psi Upsilon fraternities; downtown commercial district;
Cascadilla Park Road; City Cemetery.
Discussion followed on the floor with Alderperson Sams stating that she will be
scrutinizing each request for funding of these projects very closely. Alderperson
Peterson stated that the work plan is ambitious, but also well rounded.
A vote on the Resolution resulted as follows:
Carried Unanimously
BUDGET & ADMINISTRATION COMMITTEE:
9.1 Finance/Controller – Approval of 2001 City of Ithaca Single Audit- Resolution
By Alderperson Vaughan: Seconded by Alderperson Mack
RESOLVED, That the Single Audit Report for the period of January 1, 2001 through
December 31, 2001, prepared by the accounting firm of Ciaschi, Dietershagen, Little
and Mickelson, C.P.A.’s, be accepted to comply with all of the City’s applicable Federal
Single Audit and related Audit Requirements.
Alderperson Vaughan and Mayor Cohen thanked City Controller Thayer and his staff for
their exemplary work.
April 2, 2003
6
A vote on the Resolution resulted as follows:
Carried Unanimously
9.2 Police Department – Establishment of Fees for Services - Resolution
By Alderperson Vaughan: Seconded by Alderperson Manos
WHEREAS, the Ithaca Police Department has received a request from the Ithaca
Housing Authority (IHA) to perform approximately 40-60 criminal history inquiries for
IHA applicants per month, and
WHEREAS, applicants with a positive criminal history response may also need to be
fingerprinted, and
WHEREAS, the Police Department currently receives many requests for fingerprinting
services from area residents for licensing purposes, and admittance into Bar exams,
and
WHEREAS, the Ithaca Police Department no longer has the financial or staffing
resources to provide these services free of charge; now, therefore, be it
RESOLVED, That Common Council hereby establishes the following fee structure to be
implemented effective April 7, 2003:
NYSPIN Computerized Criminal History Inquiries - $10.00
Fingerprinting Services - $10.00
and, be it further
RESOLVED, That the Ithaca Police Department will review these fees periodically to
ensure they accurately reflect the cost of the services provided.
Alderperson Manos requested that the Ithaca Housing Authority and other agencies that
use this service be notified of the adoption of this Resolution.
A vote on the Resolution resulted as follows:
Carried Unanimously
9.3 City Attorney – Approval of 2003 Budget Amendments - Resolution
By Alderperson Vaughan: Seconded by Alderperson Whitmore
WHEREAS, Eight Thousand Dollars ($8,000.00) was added to the salary line in the City
Attorney’s Office budget for 2003 for compensation to the City Attorney for assuming
duties formerly assigned to the City Prosecutor, and
WHEREAS, the City Attorney’s Office is requesting that the Eight Thousand Dollars
($8,000.00) be transferred from the salary line into other budget lines including Contractual
Services, Staff Development, Office Equipment and Office Expense; now, therefore, be it
RESOLVED, That Common Council hereby approves the following 2003 Budget
Amendments from the Attorney’s Office:
From Appropriation Account:
A1420-5105 $8,000
To Appropriation Accounts:
A1420-5210 Office Equipment $ 500
A1420-5425 Office Expense 2,000
A1420-5435 Contracts 4,000
A1420-5440 Staff Development 1,500
April 2, 2003
7
Alderperson Hershey inquired about the status of the merging of duties in the City
Attorney’s Office. City Attorney Schwab responded that the transition of duties was a lot of
work, but that things are going as well as can be expected.
Further discussion followed on the floor regarding the FTE of personnel from the District
Attorney’s Office in City Court.
Council members thanked City Attorney Schwab for this initiative.
A vote on the Resolution resulted as follows:
Carried Unanimously
9.4 Planning Department – Request to Amend Capital Project #463 Cayuga-
Clinton Intersection Improvements - Resolution
By Alderperson Vaughan: Seconded by Alderperson Cogan
WHEREAS, the City has undertaken the design for improvement to the Cayuga-Clinton
Street intersection, which was initially to fund only modifications to the traffic signals,
and
WHEREAS, Common Council as part of the 2003 Budget approved Capital Project
#463 for said intersection improvements, which is currently funded at $66,000, and
WHEREAS, during the design work it was determined that, in accordance with previous
traffic studies, signal improvements alone were not adequate to achieve the traffic level
of service and mitigation of traffic impacts in the surrounding neighborhoods that were
called for in the EIS for the downtown development projects and the GEIS for southwest
development, and
WHEREAS, the total intersection improvement project is now currently estimated at
$277,000, including $140,600 for traffic signal upgrades and $136,400 for street
reconstruction; now, therefore, be it
RESOLVED, That Common Council hereby amends Capital Project #463 Cayuga-
Clinton Intersection Improvements by an amount not to exceed $101,000 for a total
project cost of $167,000, and be it further
RESOLVED, That the additional funding needed in the amount of $110,000 shall be
derived from existing funds in the 2003 Street and Road Construction Capital Project,
and be it further
RESOLVED, That the $101,000 in funds necessary for said amendment shall be
derived from the issuance of serial bonds.
Discussion followed on the floor regarding the work that is being re-prioritized to
accommodate this project. Alderperson Pryor suggested that the Department of Public
Works submit a Work Program listing for Council’s information.
A vote on the Resolution resulted as follows:
Carried Unanimously
9.5 Planning Department - Request to Amend Capital Project #445 Cass Park
Waterfront Trail to Include the Cayuga Waterfront Trail (Phase II) Project -
Resolution
By Alderperson Vaughan: Seconded by Alderperson Blumenthal
WHEREAS, at their meeting on June 13, 2001 Common Council authorized Capital
Project #445 Cass Park Waterfront Trail in the amount of $425,000, and
WHEREAS, a Project for the CAYUGA WATERFRONT TRAIL (PHASE II), P.I.N. 395024
(the “Project”) for $677,724 is eligible for funding under Title 23 U.S. Code, as amended,
that calls for the apportionment of the costs such program to be borne at the ratio of
72.05% Federal funds and 27.95% non-federal funds, and
WHEREAS, staff has recommended that the Phase II Project be funded from the same
capital project as was established for Phase I, and
April 2, 2003
8
WHEREAS, the City of Ithaca desires to advance the above Phase II project by making a
commitment of 100% of the non-federal share of the costs of Design, ROW and
Construction; now, therefore, be it
RESOLVED, That the Common Council hereby approves the above-subject combined
project, and be it further
RESOLVED, That the Common Council hereby authorizes the City of Ithaca to pay in the
first instance 100% of the federal and non-federal share of the cost of design, ROW and
construction work for the Phase II Project or portions thereof, and be it further
RESOLVED, That the sum of $677,724, which is the total amount of the Phase II Project
costs, is hereby appropriated from the issuance of serial bonds and made available to
cover the cost of participation in the above phase of the Project, and be it further
RESOLVED, That Common Council hereby amends Capital Project #445 Cass Park
Waterfront Trail to include the Cayuga Waterfront Trail Phase II Project in the amount of
$677,724, for a total project cost of $1,102,724 and be it further
RESOLVED, That in the event the full federal and non-federal share costs of the project
exceeds the amount appropriated above, the Common Council of the City of Ithaca shall
convene as soon as possible to appropriate said excess amount immediately upon the
notification by the NYSDOT thereof, and be it further
RESOLVED, That the Mayor of the City of Ithaca be and is hereby authorized to execute
all necessary Agreements, certifications or reimbursement requests for Federal Aid on
behalf of the City of Ithaca with the New York State Department of Transportation in
connection with the advancement or approval of the Project and providing for the
administration of the Project and the municipality’s first instance funding of Project costs
and permanent funding of the local share of federal-aid-eligible Project costs and all
Project costs within appropriations therefore that are not so eligible, and it is further
RESOLVED, That this project be undertaken with the understanding that the final cost to
the City of Ithaca will be roughly 27.95% of the final approved project cost, currently
estimated at $189,420 of the $677,724 authorized for this project, in monies and in-kind
services as managed by the Superintendent of Public Works and monitored by the City
Controller, and be it further
RESOLVED, That a certified copy of this resolution be filed with the New York State
Commissioner of Transportation by attaching it to any necessary Agreement in connection
with the Project, and be it further
RESOLVED, That this Resolution shall take effect immediately.
Amending Resolution:
By Alderperson Blumenthal: Seconded by Alderperson Manos
RESOLVED, That the following language be added as the eighth Resolved clause:
“RESOLVED, That these monies and in-kind services could include $80,000 - $100,000
from fundraising by the Chamber of Commerce, possible donations of land or easements,
in-kind staff time and the use of DPW crews.
Carried Unanimously
Amending Resolution:
By Alderperson Blumenthal: Seconded by Alderperson Hershey
RESOLVED, That the following language be added as the third Whereas clause:
“WHEREAS, the City received $488,304 from a federal grant to construct Phase II of the
trail, and”
Carried Unanimously
Discussion followed on the floor regarding the City’s financial constraints, debt levels, and
bonding procedures. City Planner Logue explained that the design work for this project is
scheduled for 2003 and the construction phase is scheduled for 2004.
April 2, 2003
9
Main Motion as Amended
A vote on the Main Motion as Amended resulted as follows:
Carried Unanimously
9.6 IURA/Planning Department – Request Standardization on Playground
Equipment - Resolution
By Alderperson Vaughan: Seconded by Alderperson Whitmore
WHEREAS, the City of Ithaca is desirous of standardizing the purchase of playground
equipment throughout the City and in designating a preferred manufacturer of playground
equipment, and
WHEREAS, making such a designation must be predicated on a competitive process
involving the issuance of a Request for Proposals (RFP) and an evaluation of responses,
and
WHEREAS, the City issued a Request for Proposals on February 14, 2003, and
WHEREAS, two proposals were received and evaluated using the criteria stipulated in the
RFP, and
WHEREAS, Landscape Structures, Inc. has been selected as the successful
manufacturer; now, therefore, be it
RESOLVED, That Common Council hereby endorses the designation of Landscape
Structures, Inc. as the preferred manufacturer for playground equipment purchases made
by the City in the next three years, and be it further
RESOLVED, That the Mayor be authorized to sign all instruments necessary to implement
this designation.
Community Development Planner Kittel answered questions from Council members
regarding accessible playground equipment.
Alderperson Vaughan commended Ms. Kittel for her extensive work on the creation of the
Request for Proposals.
A vote on the Resolution resulted as follows:
Carried Unanimously
9.7 GIAC – Request for Funds for Alex Haley Pool Repairs - Resolution
By Alderperson Vaughan: Seconded by Alderperson Whitmore
WHEREAS, the Alex Haley Pool is in need of vital repairs and upgrades before the 2003
pool season, and
WHEREAS, the total cost for the repairs and upgrades is $6,339.00, and
WHEREAS, Frey Technologies Inc., aquatic facilities specialist, submitted the lowest
estimate for completing the required work; now, therefore, be it
RESOLVED, That Common Council hereby amends the 2003 GIAC budget by an amount
not to exceed $6,339.00 as follows:
Transfer From:
A1990 Unrestricted Contingency $3,439
A7311-5477-01102 Equipment 1,000
A7311-5483-01102 Construction Materials 900
A7311-5495-01102 Treatment Supplies 1,000
Transfer To:
A7311-5476-01102 Equipment Maintenance $6,339
and be it further
April 2, 2003
10
RESOLVED, That Frey Technologies Inc. be authorized to complete the needed upgrades
and repairs.
Carried Unanimously
HUMAN RESOURCES COMMITTEE:
10.1 Building Department – Request to Amend Personnel Roster - Resolution
By Alderperson Peterson: Seconded by Alderperson Hershey
WHEREAS, on April 1, 2003, the Building Department Permit Clerk position is
scheduled to be reduced to 20 hours per week, and
WHEREAS, upon review by the Building Commissioner, it has been determined that the
reduction in hours would be less disruptive to the department as it relates to productivity
and efficiency if the hours of the full-time Typist position were reduced, and
WHEREAS, the cost of the increase in hours for the Permit Clerk is offset by a lower
salary for the new hire, resulting in a savings to the Building Department budget, now
therefore be it
RESOLVED, That effective April 1, 2003, Common Council hereby authorizes the
amendment to the 2003 Building Department Personnel Roster as follows:
Increase: Hours of the Permit Clerk Position from 20 hrs to 40 hours
Decrease: Hours of the Typist Position from 40 hours to 20 hours
Carried Unanimously
10.2 Police Department – Request to Extend Temporary Services - Resolution
By Alderperson Peterson: Seconded by Alderperson Hershey
WHEREAS, at the January 2003 meeting, Common Council authorized payment for the
Police Department to utilize temporary services through March 31, 2003 for the
transitioning of the new electronic system, and
WHEREAS, the Administrative Secretary position remains vacant and not likely to be
filled before the new Chief of Police starts, and
WHEREAS, there continues to be a need for administrative support until a permanent
administrative appointment can be made, now therefore be it
RESOLVED, That Common Council hereby authorizes the transfer of $4,800 from
Account # A3120-5105 to Account # A3120-5435-05005 to continue temporary services
through May 31, 2003.
Carried Unanimously
10.3 Police Department – Appointment of Chief of Police – Amended Resolution
By Alderperson Peterson: Seconded by Alderperson Hershey
WHEREAS, on March 5, 2003, Common Council passed a resolution appointing Victor
Loo as the Chief of Police effective April 14, 2003, and
WHEREAS, it has since been determined that the Swearing In of the Chief of Police will
be held on April 13, 2003, requiring a change to the effective date, now therefore be it
RESOLVED, That Victor Loo’s appointment to the Chief of Police is hereby effective on
April 13, 2003, and be it further
RESOLVED, That this change in date has no financial impact.
Carried Unanimously
10.4 CITY OF ITHACA EMERGENCY CLOSING POLICY
WHEREAS, the Policy Improvement Team, established from a Work Environment Task
Force recommendation, has proposed a policy to address many of the concerns that
have arisen over the years regarding emergency closings and the impact on non-
essential personnel; now, therefore be it
April 2, 2003
11
RESOLVED, That Common Council hereby adopts the following policy:
Applicability:
This policy shall apply, but is not limited to, the following situations:
A state of emergency, as declared by the appropriate local, state or federal official;
A county-wide (Tompkins County) or city-wide (City of Ithaca) emergency road closing
as declared by the appropriate municipal official;
The temporary closing of an employee’s work facility by the Mayor, due to an
emergency situation, and without the ability to reassign the staff employed at the facility
to an alternative work location.
Definitions:
For the purpose of this policy, employees shall be categorized as either "essential" or
"non-essential" personnel.
"Essential" personnel shall include: Department of Public Works employees designated
as essential by the Superintendent of Public Works, Ithaca Fire Department sworn
officers and other employees designated as essential by the Fire Chief, and Ithaca
Police Department sworn officers and other employees designated as essential by the
Chief of Police.
"Non-essential" personnel shall include all employees not specifically designated as
being "essential" personnel.
Employees of departments not specified herein may be called upon in the event of an
emergency when additional resources may be necessary to protect the health and
welfare of the City and its residents. These employees shall be considered as essential
for the purposes of compensation, even if not do designated in advance by this
Ordinance.
Procedures
The Superintendent of Public Works, the Fire Chief and the Police Chief will identify and
post a list of employees and sworn officers deemed to be considered essential
personnel under emergency closing situations.
The Superintendent of Public Works, the Fire Chief and the Police Chief will develop
procedures for notifying essential personnel regarding the need for those employees to
report to work under emergency closing situations.
Compensation During Emergency Closings
In the event of an emergency closing, employees will be paid as follows:
If the emergency closing occurs prior to the start of an employee's work shift:
All non-essential employees directly impacted by the particular closing shall not report
to work and shall receive their regular pay for that day. No accrued time will be
charged.
Essential personnel shall report to work as scheduled and shall be compensated
according to the emergency closing provisions of their labor contract, if they exist.
Any personnel who, prior to the emergency closing, had scheduled sick, personal,
vacation, holiday, compensatory time, or other leave time off for the day that the closing
occurs and are not called into work, will be charged the benefit time that they had
previously scheduled.
If the emergency closing occurs during an employee's work shift:
April 2, 2003
12
Non-essential employees who report to work on the day the emergency closing occurs,
and remain at work until the closing is declared, will be entitled to their regular pay for
the remainder of the day.
Non-essential employees who report to work on the day the emergency closing occurs,
but leave work before the official closing, will be charged leave time for the period of
time between the time they left and the official closing time. If the employee does not
have accrued time to cover this period, leave without pay shall be granted.
Essential personnel shall continue to work as scheduled and shall be compensated
according to the emergency closing provisions of their labor contract, if they exist.
Time Restrictions
This policy shall apply only to the first forty-eight (48) hours of an emergency closing.
Thereafter, employees who do not report to work due to an emergency closing will be
charged appropriate benefit time to cover their absence. Employees who do not have
sufficient benefit time to cover their absence will be granted leave without pay.
and, be it further
RESOLVED, That the above policy will be in effect upon the signing of a Memorandum of
Understanding with the appropriate bargaining units.
Alderperson Peterson moved the Resolution with an amendment to the first sentence of
the Time Restrictions section that read as follows:
“This policy shall apply only to the first forty-eight (48) hours of an emergency closing,
unless extended by the officials named above.”
Discussion followed on the floor regarding the impact of this change, and who the
authorizing body for the time extension should be.
This item was withdrawn from the agenda and referred back to the Human Resources
Committee for further discussion.
10.6 Department of Public Works – Request to Create Temporary Positions
By Alderperson Peterson: Seconded by Alderperson Cogan
WHEREAS, on or about May 1, 2003 two hundred (200) parking spaces are expected
to be eliminated in preparation for the building of a new garage for the Cayuga Green
Project, and
WHEREAS, as a result of the loss of parking space the City has made accommodation
for displaced individuals to park at remote sites, and
WHEREAS, the City has proposed a shuttle van service to transport individuals to and
from the remote parking sites, and
WHEREAS, if Common Council approves this shuttle van service, it will require hiring
personnel for up to a one-year period; now, therefore be it
RESOLVED, That Common council hereby authorizes the amendment of the 2003
Department of Public Works, Streets and Facilities Personnel Roster as follows:
Add Two (2) Temporary Shuttle Van Driver – Park and Ride
and, be it further
RESOLVED, That this position may exist up to a maximum of one year from the date of
hire.
Extensive discussion followed on the floor with Human Resources Director Michell-
Nunn regarding the funding for the two proposed positions and the recruitment process
that would be followed.
April 2, 2003
13
Alderperson Manos expressed concern that TCAT had not been formally asked to
submit a bid for services until March 29, 2003. She spoke to the long-term benefits of
encouraging City employees to utilize the transit system.
Mayor Cohen explained the process that had been followed and the discussions that
have taken place with TCAT during the past few months.
Motion to Table
By Alderperson Manos: Seconded by Alderperson Whitmore
RESOLVED, That this item be tabled pending further discussion.
Ayes (8) Manos, Pryor, Whitmore, Vaughan, Blumenthal, Mack,
Peterson, Cogan
Nays (2) Sams, Hershey
Carried Unanimously
Alderperson Hershey requested a Point of Personal Privilege to state that he would be
out of town on April 11, 2003 and requested that Common Council re-schedule the
Special Common Council meeting date so that he could be present for the important
votes scheduled for that evening.
10.5 Possible Motion to Enter into Executive Session to Discuss Collective
Bargaining Agreements
By Alderperson Pryor: Seconded by Alderperson Whitmore
RESOLVED, That Common Council enter into Executive Session to Discuss Collective
Bargaining Agreements and the potential acquisition of land.
Carried Unanimously
Reconvene:
Common Council reconvened into Regular Session with no formal action taken.
NEW BUSINESS:
13.1 City Clerk – Mahogany Grill Restaurant Alcohol Permit Request -
Resolution
By Alderperson Peterson: Seconded by Alderperson Blumenthal
WHEREAS, the City Clerk has received a request to allow the Mahogany Grill restaurant
to utilize certain areas along Aurora Street for outdoor dining, and
WHEREAS, this use of public property has been deemed proper and successful, and
WHEREAS, the City of Ithaca wishes to promote diverse uses of the Primary and
Secondary Commons, including outdoor dining, and
WHEREAS, it is Common Council's responsibility to determine whether or not to allow the
serving and consumption of alcohol on the Primary and Secondary Commons, and
WHEREAS, Common Council has determined that the use of this public property for
outdoor dining at the Mahogany Grill Restaurant, including the responsible sale and
consumption of alcohol, is desirable, and
WHEREAS, Common Council has determined that any use of this or similar public
property involving the same and consumption of alcohol should be covered by a minimum
of $1,000,000 insurance under the Dram Shop Act; now, therefore be it
RESOLVED, For the year 2003, Common Council hereby approves a revocable Alcoholic
Beverage Permit for the outdoor sale and consumption of alcohol for the Mahogany Grill
Restaurant that includes the sale of alcohol in accord with the terms and conditions set
forth in application therefore, including minimum Dram Shop coverage in the amount of
$1,000,000 and the approval of an outdoor dining permit.
Carried Unanimously
April 2, 2003
14
13.2 City Clerk - Simeon’s Restaurant Alcohol Permit Request - Resolution
By Alderperson Peterson: Seconded by Alderperson Blumenthal
WHEREAS, since 1987 the City of Ithaca has issued a license to Simeon's Restaurant
allowing that restaurant to utilize certain areas along Aurora Street and on the Ithaca
Commons for outdoor dining, and
WHEREAS, this use of public property has generally been deemed proper and successful,
and
WHEREAS, the City of Ithaca wishes to promote diverse uses of the Ithaca Commons,
including outdoor dining, and
WHEREAS, it is Common Council's responsibility to determine whether or not to allow the
serving and consumption of alcohol on the Ithaca Commons, and
WHEREAS, Common Council has determined that the use of this public property for
outdoor dining at Simeon's Restaurant, including the responsible sale and consumption of
alcohol, is desirable, and
WHEREAS, Common Council has determined that any use of this or similar public
property involving the same and consumption of alcohol should be covered by a minimum
of $1,000,000 insurance under the Dram Shop Act; now, therefore be it
RESOLVED, For the year 2003, Common Council hereby approves a revocable Alcoholic
Beverage Permit for the outdoor sale and consumption of alcohol for Simeon's Restaurant
that includes the sale of alcohol in accord with the terms and conditions set forth in
application therefore, including minimum Dram Shop coverage in the amount of
$1,000,000 and the approval of an outdoor dining permit.
Carried Unanimously
13.3 City Clerk - Viva Taqueria & Cantina Alcohol Permit Request - Resolution
By Alderperson Peterson: Seconded by Alderperson Blumenthal
WHEREAS, in 1998 the City of Ithaca issued a license to the Viva Taqueria Restaurant
allowing that restaurant to utilize certain areas along Aurora Street for outdoor dining, and
WHEREAS, this use of public property has generally been deemed proper and successful,
and
WHEREAS, the City of Ithaca wishes to promote diverse uses of the Primary and
Secondary Commons, including outdoor dining, and
WHEREAS, it is Common Council's responsibility to determine whether or not to allow the
serving and consumption of alcohol on the Primary and Secondary Commons, and
WHEREAS, Common Council has determined that the use of this public property for
outdoor dining at the Viva Taqueria Restaurant, including the responsible sale and
consumption of alcohol, is desirable, and
WHEREAS, Common Council has determined that any use of this or similar public
property involving the same and consumption of alcohol should be covered by a minimum
of $1,000,000 insurance under the Dram Shop Act; now, therefore be it
RESOLVED, For the year 2003, Common Council hereby approves a revocable Alcoholic
Beverage Permit for the outdoor sale and consumption of alcohol for the Viva Taqueria
Restaurant that includes the sale of alcohol in accord with the terms and conditions set
forth in application therefore, including minimum Dram Shop coverage in the amount of
$1,000,000 and the approval of an outdoor dining permit.
Carried Unanimously
Lost Dog Café Alcohol Permit Request
By Alderperson Peterson: Seconded by Alderperson Blumenthal
WHEREAS, the City Clerk has received a request to allow the Lost Dog Café to utilize
certain areas along Cayuga Street for outdoor dining, and
April 2, 2003
15
WHEREAS, this use of public property has been deemed proper and successful, and
WHEREAS, the City of Ithaca wishes to promote diverse uses of the Primary and
Secondary Commons, including outdoor dining, and
WHEREAS, it is Common Council's responsibility to determine whether or not to allow the
serving and consumption of alcohol on the Primary and Secondary Commons, and
WHEREAS, Common Council has determined that the use of this public property for
outdoor dining at the Lost Dog Café, including the responsible sale and consumption of
alcohol, is desirable, and
WHEREAS, Common Council has determined that any use of this or similar public
property involving the same and consumption of alcohol should be covered by a minimum
of $1,000,000 insurance under the Dram Shop Act; now, therefore be it
RESOLVED, For the year 2003, Common Council hereby approves a revocable Alcoholic
Beverage Permit for the outdoor sale and consumption of alcohol for the Lost Dog Café
that includes the sale of alcohol in accord with the terms and conditions set forth in
application therefore, including minimum Dram Shop coverage in the amount of
$1,000,000 and the approval of an outdoor dining permit.
Carried Unanimously
APPROVAL OF MINUTES:
Approval of October 2, 2002 Regular Common Council Meeting Minutes
By Alderperson Blumenthal: Seconded by Alderperson Peterson
RESOLVED, That the October 2, 2002 Regular Common Council Meeting Minutes be
approved as published.
Carried Unanimously
Approval of March 5, 2003 Regular Common Council Meeting Minutes
By Alderperson Blumenthal: Seconded by Alderperson Peterson
RESOLVED, That the March 5, 2003 Regular Common Council Meeting Minutes be
approved with minor grammatical corrections submitted by Alderperson Blumenthal.
Carried Unanimously
Approval of November 6, 2002 Regular Common Council Meeting Minutes
Alderperson Blumenthal requested that the City Clerk re-format the minutes due to the
volume of the document and re-submit them for approval in May, 2003.
MAYOR’S APPOINTMENTS:
Design Review Board
By Mayor Cohen: Seconded by Alderperson Vaughan
RESOLVED, That Grace Chiang be appointed to the Design Review Board to fill a
vacancy with a term to expire on December 31, 2003.
RESOLVED, That Scott Whitham be appointed to the Design Review Board to fill a
vacancy with a term to expire on December 31, 2004, and, be it further
RESOLVED, That Gary Ferguson be appointed to the Design Review Board to fill a
vacancy with a term to expire on December 31, 2005.
Extensive discussion followed on the floor regarding the ability of the proposed
members of the Board to remain objective to the projects they will be considering.
Further discussion occurred regarding the City’s attempt to recruit volunteers to serve
on advisory boards and commissions.
Alderperson Whitmore called the question. A vote to call the question resulted as
follows:
Carried Unanimously
April 2, 2003
16
Main Motion
A vote on the Main Motion resulted as follows:
Ayes (9) Manos, Pryor, Sams, Whitmore, Vaughan, Mack,
Peterson, Cogan, Hershey
Nays (1) Blumenthal
Carried
Ithaca Landmarks Preservation Commission
By Alderperson Blumenthal: Seconded by Alderperson Whitmore
RESOLVED, That Kathleen Foley be reappointed to the Ithaca Landmarks Preservation
Commission with a term to expire on December 31, 2005, and, be it further
RESOLVED, That Nancy Brcak be appointed to the Ithaca Landmarks Preservation
Commission to fill a vacancy with a term to expire on December 31, 2005, and, be it
further
RESOLVED, That Jonathan Martin be appointed to the Ithaca Landmarks Preservation
Commission to fill a vacancy with a term to expire on December 31, 2005.
Carried Unanimously
Ithaca Urban Renewal Agency
By Mayor Cohen: Seconded by Alderperson Pryor
RESOLVED, That Francis Benedict be appointed to the Ithaca Urban Renewal Agency
to fill a vacancy.
Carried Unanimously
Natural Areas Commission
By Alderperson Peterson: Seconded by Alderperson Blumenthal
RESOLVED, That Daniel Hoffman be reappointed to the Natural Areas Commission
with a term to expire on December 31, 2005, and, be it further
RESOLVED, That Linda Buttel be reappointed to the Natural Areas Commission with a
term to expire on December 31, 2005, and, be it further
RESOLVED, That Claudia Jenkins be reappointed to the Natural Areas Commission as
the BPW liaison with a term to expire on December 31, 2005, and, be it further
RESOLVED, That Wendy Wallitt be appointed to the Natural Areas Commission to fill a
vacancy with a term to expire on December 31, 2005.
Carried Unanimously
Parks Commission
By Alderperson Whitmore: Seconded by Alderperson Sams
RESOLVED, That Margaret Hobbie be reappointed to the Parks Commission with a
term to expire on December 31, 2005, and, be it further
RESOLVED, That Nina Bassuk be reappointed to the Parks Commission with a term to
expire on December 31, 2005, and, be it further
RESOLVED, That Daniel Krall be appointed to the Parks Commission to fill a vacancy
with a term to expire on December 31, 2004.
Carried Unanimously
Shade Tree Advisory Committee
By Alderperson Whitmore: Seconded by Alderperson Sams
RESOLVED, That Judith B. Maxwell be reappointed to the Shade Tree Advisory
Committee with a term to expire on December 31, 2005, and, be it further
RESOLVED, That Nina Bassuk be reappointed to the Shade Tree Advisory Committee
with a term to expire on December 31, 2005, and, be it further
RESOLVED, That Chrys Gardener be appointed to the Shade Tree Advisory
Committee to fill a vacancy with a term to expire on December 31, 2005.
Carried Unanimously
April 2, 2003
17
Youth Bureau Board
By Alderperson Whitmore: Seconded by Alderperson Sams
RESOLVED, That Cheryl D. Reidel be reappointed to the Youth Bureau Board with a
term to expire on December 31, 2005, and, be it further
RESOLVED, That Sheila Hemami be reappointed to the Youth Bureau Board with a
term to expire on December 31, 2005, and, be it further
RESOLVED, That Cheri Kruse be appointed to the Youth Bureau Board to fill a vacancy
with a term to expire on December 31, 2005.
Carried Unanimously
Discussion followed on the floor regarding the issue of City employees serving on
advisory boards and commissions. Last year this issue was discussed by the Human
Resources Committee and it was determined that this is an administrative item, so the
issue was referred to the Budget and Administration Committee. The Budget and
Administration Committee discussed the issue, but no formal decision was made. This
item was referred back to the Budget and Administration Committee for resolution.
COMMUNICATIONS FROM COMMON COUNCIL:
Common Council agreed that there will be a Special Common Council meeting on
Tuesday, April 15, 2003 at 7:30 p.m. to discuss items including the Park and Ride
Shuttle Service, and the Ciminelli Agreement.
ADJOURNMENT:
On a motion the meeting adjourned at 11:00 P.M.
________________________ _______________________
Julie Conley Holcomb, CMC Alan J. Cohen,
City Clerk Mayor