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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