HomeMy WebLinkAboutMN-CC-2003-05-07 COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 7:00 pm May 7, 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
Superintendent of Public Works – Gray
Human Resources Director – Michell-Nunn
City Forester – Hillman
Assistant Superintendent of Water & Sewer – Fabbroni
PLEDGE OF ALLEGIANCE:
Mayor Cohen led all present in the Pledge of Allegiance to the American Flag.
ADDITIONS TO OR DELETIONS FROM THE AGENDA:
Budget and Administration Committee:
Alderperson Vaughan requested the addition of a report from the Budget Process Sub-
Committee.
No Council member objected.
Special Order of Business:
Alderperson Peterson requested the addition of Item 5.2 - Presentation of the Quarterly
Employee Recognition Award.
No Council member objected.
Planning and Economic Development Committee:
Alderperson Manos requested the deletion of Item 9.1 - Designation of University Hill
Historic District.
Alderperson Hershey requested the deletion of Item 5.1 - Public Hearing to Consider
the Proposed City of Ithaca Sign Ordinance and Revised Language to Site Plan Review
Ordinance.
No Council member objected.
COMMUNICATIONS / PROCLAMATIONS:
Quarterly Employee Recognition Award
Alderperson Peterson presented the Quarterly Employee Recognition Award to City
Controller Steven Thayer. Steve was recognized for all of his hard work during a
difficult budget process, the efficient operation of his office without a Deputy, and for
continually going above and beyond any reasonable effort.
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
The following people addressed Common Council:
Joel Harlan, Town of Newfield – Cass Park Pool, upcoming elections
Jemma Macera, City of Ithaca – Vehicle Idling Law and auto pollution
Andy Hillman, City Forester – Citizen Pruner Program
Monica Roth, Shade Tree Advisory Council – Citizen Pruner Program
Neil Oolie, City of Ithaca – City Attorney Conflict of Interest, dogs on the Commons
Larry Beck, Town of Lansing – Proposed Sign Ordinance
Kay Minnix, City of Ithaca – Patriot Act Resolution
Fay Gougakis, City of Ithaca – Dogs on the Commons, trash in student neighborhoods
May 7, 2003
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RESPONSE TO PUBLIC:
Alderpersons Whitmore and Blumenthal responded to comments made regarding the
Vehicle Idling Law and auto pollution. Alderperson Blumenthal further made comments
regarding the proposed Sign Ordinance, and stated that she thought it would be useful
for the City to have a public information program.
Alderperson Pryor responded to comments made regarding dogs on the Commons.
Alderperson Peterson responded to comments made regarding trash in student
neighborhoods and reported on the University’s response to this issue.
Alderperson Cogan responded to comments made about the USA Patriot Act
Resolution.
Alderperson Hershey and City Attorney Schwab responded to comments made about
conflict of interest issues.
Mayor Cohen responded to comments made about the proposed Sign Ordinance, the
response received from the FBI regarding the Patriot Act Resolution, and conflict of
interest issues as they pertain to the City Attorney.
CONSENT AGENDA:
8.1 GIAC - Request to Amend Personnel Roster - Resolution
By Alderperson Blumenthal: Seconded by Alderperson Whitmore
RESOLVED, That pursuant to the staffing changes that were approved conceptually in
the 2003 City budget, the Personnel Roster of the Greater Ithaca Activities Center be
amended as follows:
Add (1) Recreation Supervisor (40 hours)
and, be it further
RESOLVED, That the Recreation Supervisor position is funded in the 2003 budget.
Carried Unanimously
8.2 Youth Bureau - Request to Amend Personnel Roster - Resolution
By Alderperson Blumenthal: Seconded by Alderperson Whitmore
WHEREAS, the Youth Bureau has received an anonymous donation for $3,200 to
support the Computer All Stars Program, and
WHEREAS, Common Council reduced the hours of the Youth Program Coordinator
from 35 hours to 30 hours for the 2003 budget, and
WHEREAS, this donation will enable the Youth Bureau the opportunity to restore the
hours of the Youth Program Coordinator with no additional cost to the City, now
therefore be it
RESOLVED, That Common Council hereby amends the 2003 Youth Bureau Personnel
Roster as follows:
Increase Youth Program Coordinator hours from 30 to 35 hours
and, be it further
RESOLVED, That Common Council hereby authorizes the following budget amendment
to the 2003 Youth Bureau budget:
Increase Revenue Account:
A7310-2070-1232 $3,200
May 7, 2003
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Increase Appropriations Accounts:
A7310-5110-1232 2,924
A7310-9010-1232 52
A7310-9030-1232 224
Carried Unanimously
8.3 Youth Bureau - Request to Amend 2003 Authorized Budget – Resolution
By Alderperson Blumenthal: Seconded by Alderperson Whitmore
WHEREAS, the Youth Bureau will be receiving additional revenue from the Recreation
Partnership in the amount of $3,346.00 for lacrosse equipment in order to comply with
National Operating Committee on Standards for Athletic Equipment standards; now,
therefore, be it
RESOLVED, That Common Council hereby amends the 2003 Youth Bureau budget as
follows:
Increase Revenue:
Account A7310-2350-1537 Lacrosse $3,346.00
Increase Appropriation:
Account A7310-5460-1537 Program supplies $3,346.00
Carried Unanimously
8.4 DPW/Water & Sewer – Request to Standardize on Prestressed Concrete
Water Tanks - Resolution
By Alderperson Blumenthal: Seconded by Alderperson Whitmore
WHEREAS, the Budget and Administration Committee of Common Council has been
requested by the Board Of Public Works to standardize on Natgun Corporation
prestressed concrete storage tanks to be utilized within the City of Ithaca water
distribution system for mass storage, and to authorize the Superintendent of Public
Works to purchase such approved tanks from the manufacturer, or a representative
thereof, and
WHEREAS, it is deemed to be in the best interest of the City for reasons of economics,
durability, and historical compatibility to approve such standardization, as more fully
spelled out in the following items:
1. The City of Ithaca presently has all Natgun Corporation prestressed concrete water
storage tanks;
2. The least maintenance tanks are prestressed concrete water storage tanks;
3. This action will simplify any maintenance action that is contracted for the concrete
tanks;
4. Based on recent estimating the cost savings of this manufacturer of prestressed
water storage tanks is over 25% in the marketplace;
5. Recent service requirements have demonstrated Natgun Corporation committed
service to products delivered over 39 years ago;
6. Standardization provides the ability to have only one service organization for a one-
of-a-kind design and item, whereas third party intermediaries would merely transfer the
information from the manufacturer; now, therefore, be it
RESOLVED, That pursuant to Section 103, Subdivision 5 of the General Municipal Law
of the State of New York, Common Council authorizes the standardization of Natgun
May 7, 2003
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Corporation prestressed concrete water storage tanks to be used and purchased by the
City of Ithaca Department of Public Works during 2003 and 2004.
Carried Unanimously
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE:
9.1 Designation of University Hill Historic District - Resolution:
This item was withdrawn from the agenda
BUDGET & ADMINISTRATION COMMITTEE:
Report of the Budget Process Subcommittee:
Alderperson Vaughan explained that the B&A committee proposed the creation of a
subcommittee that consisted of three members of Common Council, and several
department heads. This subcommittee met intensively and has officially disbanded as it
has reached consensus on methods of improving the current budget process. The
improved process allows for Council input earlier in the decision making process, while
retaining the responsibility of the Mayor to present his annual budget to Common
Council in October. Alderperson Vaughan distributed the new budget calendar –
FY2004.
Alderperson Vaughan thanked the following committee members for the time and hard
work they dedicated to this process: Alderperson Whitmore, Alderperson Cogan, Mayor
Cohen, City Controller Thayer, Director of Information Technology Twardokus,
Superintendent of Public Works Gray, Human Resources Director Michell-Nunn,
Planning and Development Director Van Cort, and Building Commissioner Radke.
Alderperson Peterson reported that the companion piece of the budget process
regarding procedures for staff reductions, lay-offs, and communication with employees
would be complete in a few weeks.
Alderperson Vaughan stressed that this process is just the first step in a multi-year
approach to budget preparation improvements.
10.1 Common Council - Request to Amend the 2003 Budget for Funds for
Citizen Pruner Program - Resolution
By Alderperson Vaughan: Seconded by Alderperson Whitmore
WHEREAS, the Ithaca Citizen Pruner program is a model program in New York State
for volunteer assistance with municipal plant care and is entering its 12th year of
operation, and
WHEREAS, the Citizen Pruner program trains and supervises volunteers to prune trees
and shrubs, plant flowers, weed and clean up plant debris on public land in the City of
Ithaca, and
WHEREAS, fifteen to twenty volunteers are trained each year and contribute six to eight
hours each week between May and September on said activities, and
WHEREAS, given the approved federal volunteer rate of twelve dollars per hour, Citizen
Pruners contribute to the City of Ithaca, on average, approximately twenty-three
thousand dollars every year in volunteer service, and
WHEREAS, in the past, the City has provided between four thousand five hundred and
five thousand dollars for this program, and
WHEREAS, Citizen Pruners are the most cost effective approach to maintaining a
pleasant and attractive natural environment in Ithaca and, in particular, on the
Commons; now, therefore, be it
RESOLVED, That Common Council hereby amends the 2003 Budget in the amount of
$3,000 to be transferred from account A1990 Unrestricted Contingency to account
A7111-5435 Parks and Forestry for the purpose of funding the Citizen Pruner Program.
Carried Unanimously
Alderperson Pryor requested the balance of the unrestricted contingency budget. City
Controller Thayer responded that there would be a balance of $83,500 after the Citizen
May 7, 2003
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Pruner action. Mayor Cohen clarified that the budget line was originally funded at
$90,000.
10.2 Attorney - A Resolution to Set an Application Fee for the Review of
Telecommunications Franchise Applications
By Alderperson Vaughan: Seconded by Alderperson Pryor
WHEREAS, Common Council adopted a Telecommunications Ordinance in November,
2002 (Chapter 152, Article II, of the Code of City of Ithaca), and
WHEREAS, Section 152-33 of the Telecommunications Ordinance requires that
telecommunications service providers desirous of providing telecommunications
services in the City apply for a franchise, and
WHEREAS, Section 152-33.D(1) of the Telecommunications Ordinance states “for any
applications for any telecommunications Franchise, the City shall prepare an application
form….”, and
WHEREAS, Section 152-33.D(1) of the Telecommunications Ordinance also provides
for an application fee to be submitted with the application, and
WHEREAS, the City Attorney’s Office is now in the process of preparing a
telecommunications franchise application form, and
WHEREAS, review and evaluation of telecommunications franchise applications will
require time on the part of City staff, and
WHEREAS, it is appropriate that the time City staff utilizes in the review and evaluation
of said applications be reimbursed to the City by the applicant,
WHEREAS, it is also appropriate that if expertise beyond that of City staff is required for
the review of all, or any part, of a telecommunications franchise application, the cost of
said expertise be reimbursed to the City by the applicant, and
WHEREAS, it is prudent to set a reasonable maximum on a franchise application fee;
now, therefore, be it
RESOLVED, That the Common Council of the City of Ithaca hereby determines that the
application fee for a telecommunications franchise application be sixty ($60.00) dollars
per hour for in-house review and evaluation of the application, with a minimum fee of
$180.00, and hereby authorizes the City Attorney’s Office to include said fees in the
application form, and be it further
RESOLVED, That the minimum fee of one hundred eighty dollars ($180) be paid at the
time of application, and be it further
RESOLVED, That all costs beyond that of the in-house review be borne by the
applicant, and be it further
RESOLVED, That the maximum franchise application fee shall not exceed ten thousand
($10,000) dollars.
Alderperson Vaughan explained that this Resolution sets an application fee for the
review of telecommunication franchise applications.
Amending Resolution:
By Alderperson Blumenthal: Seconded by Alderperson Whitmore
RESOLVED, That the first Resolved clause be amended to read as follows:
“RESOLVED, That the Common Council of the City of Ithaca hereby determines that
the application fee for a telecommunications franchise application be sixty ($60.00)
dollars per hour for in-house review and evaluation of the application, with a minimum of
$180 and with an escalator clause with the Consumer Price Index (CPI) each year,
rounded up to the nearest dollar.
May 7, 2003
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Discussion followed on the floor regarding escalator clauses, and tying application fees
to the CPI.
Alderpersons Blumenthal and Whitmore withdrew the Amending Resolution.
Alderperson Blumenthal requested that the issue of an annual review of fees be
referred to the Budget and Administration Committee for further discussion.
Main Motion:
A vote on the Main Motion resulted as follows:
Carried Unanimously
10.3 Water & Sewer – Authorization to Sign Contracts for Grants with the New
York State Department of State and the U.S. Forestry Service - Resolution
By Alderperson Vaughan: Seconded by Alderperson Hershey
WHEREAS, over the past five years staff has successfully networked with multiple
Federal, State, County, multi-municipal and local municipal agencies to study the Six
Mile Creek Watershed toward the objective of reducing conditions that cause extreme
erosion, and
WHEREAS, the Six Mile Creek Watershed is the sole source for the City water supply,
which currently provides potable water to more than 50% of the urbanized area
including a resident service population of 35,000 and the commercial and governmental
centers of the County, and
WHEREAS, the largest source of impairment to the lake and the largest cost of
maintaining the reservoir system and balancing the ecology is the transport, deposition,
and removal of materials eroded from the Six Mile Creek watershed, and
WHEREAS, through the ongoing mitigating local commitments of on-staff Water &
Sewer Division scientific efforts of Jose Lozano, Roxie Johnston, and Chuck Baker and
the City land purchases in the watershed associated with the Park Alienation process,
the City is in a position to partner with willing communities in the watershed and
leverage substantial grants from State and Federal Sources, and
WHEREAS, two of the approved grant work plans with the New York State Department
of State and the U.S. Forestry Service have been combined to further leverage the
outside funding and minimize local match to zero dollar additional budgeted funds
directed toward a complete inventory of erosion problems and selected improvements
to stabilize some of the worst third of the watershed needs found within the 200 foot
buffer zone to either side of the stream in the length of the watershed; now, therefore,
be it
RESOLVED, That the sources of funding are as follows: $153,000 from a State grant;
$98,000 from a Federal grant; and $55,000 from the Local Share; and be it further
RESOLVED, That Common Council hereby authorizes the Mayor to sign contracts with
both the New York State Department of State and the U.S. Forestry Service including
the professional services contract with Ecologic to implement same, with the
understanding that the local share is covered by already budgeted watershed activities
and prior watershed land purchases
Mayor Cohen stated that the City has purchased a number of properties in the Six Mile
Creek watershed over the years, and the purchases have been deemed legally
appropriate to use as the local share for this grant.
A vote on the Resolution resulted as follows:
Carried Unanimously
Mayor Cohen acknowledged the work of Jose Lozano, Roxie Johnston and Chuck
Baker of the Water and Sewer Division who were instrumental in securing this grant.
May 7, 2003
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10.4 DPW/Water & Sewer – Approval of Amendment to Tertiary Phosphorus
Removal Upgrade Project at IAWWTP - Resolution
By Alderperson Vaughan: Seconded by Alderperson Whitmore
WHEREAS, as part of City and Ithaca Area Wastewater Treatment Plant (IAWWTP)
2002 authorized Budget, Common Council approved a $3,000,000 Capital Project for
Phosphorus Removal at the IAWWTP, and
WHEREAS, the design and environmental review of the Tertiary Phosphorus Removal
Upgrade at the wastewater treatment plant are now complete, and
WHEREAS, the municipal owners collectively wish to move forward in a favorable
bidding climate to construction to enable the wastewater plant to further enhance its
treatment capability by increased removal of phosphorus from a current performance
limit of 0.75mg/l to a future 0.2mg/l twelve-month rolling average, and
WHEREAS, to date $2,771,000 of a projected $4,115,000 project cost has been
committed by the New York State DEC from 1996 Bond Act funds; now, therefore, be it
RESOLVED, That Common Council hereby recommends the amendment to Capital
Project 409J Tertiary Phosphorus Removal Upgrade at the IAWWTP in the amount of
$1,115,000 for a total project authorization of $4,115,000, and be it further
RESOLVED, That Common Council authorizes this project contingent upon action by all
the wastewater plant partners committing their fair percentage reimbursement shares of
the net cost to the Joint Activity in the following amounts:
Municipality % Projected Projected Net After
Total Bond Act Reimbursement
City of Ithaca 57.15% $2,351,722.50 $768,096
Town of Ithaca 40.87% $1,681,800.50 $549,292.80
Town of Dryden 1.98% $ 81,477 $ 26,611.20
and, be it further
RESOLVED, That Common Council hereby recommends financing this project through
local temporary BANs and permanent bonding under the NYS Environmental Facilities
Corporation or in any such other manner as the City Controller, in partnership with the
wastewater plant owners, may recommend within the Joint Activity portion of the City
financing, and be it further
RESOLVED, That Common Council hereby recommends acceptance of the proposed
engineering services agreement Amendment No. 1 for advertising and construction
services related to this project in the amount of a cost-not-to-exceed $235,000 once the
Capital Project has been approved, and be it further
RESOLVED, That the award of the construction contract is contingent upon approval
from the State on an approved work plan, and release of State funds.
Carried Unanimously
Alderperson Blumenthal requested clarification regarding the relationship of this project
to the Lake Source Cooling project. Assistant Superintendent of Water and Sewer
Fabbroni responded that there is no relationship between the two projects.
Further discussion followed on the floor regarding the State funding source.
Alderperson Hershey thanked Assistant Superintendent Fabbroni for all of his efforts on
this issue.
May 7, 2003
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10.5 DPW – Request to Amend Authorization for Capital Project 460 Stewart
Avenue Bridge over Fall Creek- Resolution
By Alderperson Vaughan: Seconded by Alderperson Cogan
WHEREAS, the Common Council at its regular meeting of June 5, 2002, approved
Capital Project #460 Stewart Avenue Bridge over Fall Creek in the amount of $211,000
for Design only, and
WHEREAS, a Project rehabilitation of Stewart Avenue Bridge over Fall Creek (“the
Project”), is eligible for funding under Title 23 U.S. Code as administered by the Federal
Highway Administration (“FHWA”), as amended that calls for the apportionment of the
costs of such program to be borne at the ratio of 80% Federal funds and approximately
14% of non-federal funds, and
WHEREAS, the City of Ithaca desires to advance the Project by making a commitment
of 100% of the non-federal share of the costs of Scoping, Design (Phases I-VI),
Construction, and Construction Inspection; now, therefore, be it
RESOLVED, That Common Council hereby amends Capital Project 460 “Stewart
Avenue Bridge over Fall Creek, Construction Phase” by the amount of $1,930,000, and
be it further
RESOLVED, That Common Council hereby requests the City of Ithaca to pay in the first
instance 100% of the federal and non-federal share of the cost of Scoping, Design
(Phases I-VI), Construction, and Construction Inspection for the Project or portions
thereof, and be it further
RESOLVED, That Common Council hereby recommends that the sum of $1,930,000 be
appropriated from the issuance of Bonds (or appropriate in-kind services) 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 recommends in the event the full federal
and non-federal share costs of the project exceeds the amount appropriated above,
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 Common Council recommends that the Mayor of the City of Ithaca of
the County of Tompkins be and is hereby authorized to sign all necessary Agreements
with NYSDOT to secure Federal Aid and Marchiselli Aid on behalf of the City of Ithaca
and the Superintendent of Public Works be authorized to sign all necessary construction
documents, contracts, certifications and reimbursement requests, and be it further
RESOLVED, That this project be undertaken with the understanding that the final cost
of the City of Ithaca will be roughly 6.48% of the final approved project cost, currently
estimated at $138,700 of the $2,141,000 authorized for this project, in monies and in-
kind services, as managed by the Superintendent of Public Works and monitored by the
City of Ithaca Controller, and be it further
RESOLVED, That Common Council authorizes the Superintendent of Public Works to
administer the above project, and be it further
RESOLVED, That this resolution shall take effect immediately, and be it further
RESOLVED, That said funds be derived from the issuance of Serial Bonds with later
reimbursement from Federal/State Aid.
Discussion followed on the floor regarding project funding sources and the aesthetics of
the bridge.
Mayor Cohen clarified that this bridge has been flagged and needs to be renovated or it
will be closed.
May 7, 2003
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A vote on the Resolution resulted as follows:
Carried Unanimously
10.6 DPW – Request to Amend Authorization for Capital Project #425 Traffic
Signal Upgrade, Phase I - Resolution
By Alderperson Vaughan: Seconded by Alderperson Blumenthal
WHEREAS, the Common Council at its regular meeting of June 7, 2000, approved
Capital Project #425 Traffic Signal Upgrade in the amount of $130,000, and
WHEREAS, a Project for Traffic Signal Upgrade (“the Project”), is eligible for funding
under Title 23 U.S. Code as administered by the Federal Highway Administration
(“FHWA”), as amended, that calls for the apportionment of the costs of such program to
be borne at the ratio of 80% Federal funds and 20% non-federal funds, and
WHEREAS, the City of Ithaca desires to advance the Project by making a commitment
of 100% of the non-federal share of the costs of Scoping, Design (Phases I-VI),
Construction, and Construction Inspection; now, therefore, be it
RESOLVED, That Common Council hereby amends Capital Project 425 “Traffic Signal
Upgrade – Phase I” by an amount of $582,000 for said project, and be it further
RESOLVED, That Common Council hereby requests the City of Ithaca to pay in the first
instance 100% of the federal and non-federal share of the cost of Scoping, Design
(Phases I-VI), Construction, and Construction Inspection for the Project or portions
thereof, and be it further
RESOLVED, That Common Council hereby recommends that the sum of $582,000 be
appropriated from the issuance of Bonds (or appropriate in-kind services) 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 recommends in the event the full federal
and non-federal share costs of the project exceeds the amount appropriated above,
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 Common Council hereby recommends that the Mayor of the City of
Ithaca of the County of Tompkins be and is hereby authorized to sign all necessary
Agreements with NYSDOT to secure Federal Aid and Marchiselli Aid on behalf of the
City of Ithaca and the Superintendent of Public Works be authorized to sign all
necessary construction documents, contracts, certifications and reimbursement
requests, and be it further
RESOLVED, That this project be undertaken with the understanding that the final cost
of the City of Ithaca will be roughly five percent (5%) of the final approved project cost,
currently estimated at $35,600 of the $712,000 authorized for Phase I of this project, in
monies and in-kind services, as managed by the Superintendent of Public Works and
monitored by the City of Ithaca Controller, and be it further
RESOLVED, That Common Council hereby authorizes the Superintendent of Public
Works to administer the above project, and be it further
RESOLVED, That this resolution shall take effect immediately, and be it further
RESOLVED, That said funds be derived from the issuance of Serial Bonds with later
reimbursement from Federal/State Aid.
Amending Resolution
By Alderperson Blumenthal: Seconded by Alderperson Hershey
RESOLVED, That the following language be added as the second Whereas clause:
“WHEREAS, the project consists of the upgrading of 23 traffic signals and
interconnecting 21 traffic signals in the downtown area of the City.”
Carried Unanimously
May 7, 2003
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Main Motion as Amended:
A vote on the Main Motion as amended resulted as follows:
Carried Unanimously
Alderperson Blumenthal acknowledged and thanked Traffic Engineer Dan Cole for all of
the time and effort he has dedicated to securing funding to improve the traffic
signalization and directional signage in the downtown area.
HUMAN RESOURCES COMMITTEE:
11.1 Emergency Closing Resolution and Policy
By Alderperson Peterson: Seconded by Alderperson Cogan
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
RESOLVED, That Common Council hereby adopts the following policy:
CITY OF ITHACA EMERGENCY CLOSING 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 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.
May 7, 2003
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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:
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. If Common Council deems it
appropriate, the Common Council shall have the right to extend this benefit beyond
forty-eight (48) hours on a case-by-case basis. Any such action shall not be deemed a
past practice. 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 explained the new language in the Time Restrictions section.
A vote on the Resolution resulted as follows:
Carried Unanimously
11.2 Managerial Leave Report
Alderperson Peterson reported that the Human Resources Committee will be discussing
a proposal at the May 22, 2003 meeting to award managerial employees additional
leave time as a way to compensate them for the lack of a 2003 cost of living increase.
May 7, 2003
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NEIGHBORHOOD & COMMUNITY ISSUES COMMITTEE:
12.1 An Ordinance Amending Chapter 157 entitled “Commons” of the City of
Ithaca Municipal Code, regarding Dogs on the Commons.
By Alderperson Pryor: Seconded by Alderperson Whitmore
ORDINANCE 2003-___
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, New
York, as follows:
Section 1. The City of Ithaca Municipal Code, Section 157-13 of Article I, entitled
“Animals,” is hereby amended as follows:
C. A permit shall allow tenants and owners of premises on the Primary Commons,
or the customers of businesses that require the presence of animals to perform
the function of the business, to transport their animals to and from their premises.
Animals shall be leashed or transported in carriers.
D. The permit shall not be transferable and is revocable at any time should the
permit holder fail to comply fully with the terms of the permit. The permit shall be
valid for the duration of the owner’s lease or ownership of premises on the
Commons or for a period of one year, whichever is shorter. The permit shall be
renewable annually upon application to the Commons Advisory Board. The
permit fee shall be $20 per animal, or in the case of a business that requires the
presence of animals to perform the function of the business, $20 for the business
and its customers. No more than two permits shall be issued for each residential
or commercial unit. In the case of a business that requires the presence of
animals to perform the function of the business, one permit shall cover the
business and all of its customers.
E. The Commons Advisory Board shall review each application for a business
permit and shall grant such permit upon the following conditions: 1) that animals
shall be limited to an area between the premises and the closest of the three
primary Commons entrances (Aurora Street, Seneca Street or Cayuga Street); 2)
that the permit shall be for the movement of animals to and from the business
and shall not allow for the loitering of animals in the permitted area; and 3) that
the dog owners or other persons responsible for the dog are responsible for
promptly removing any animal waste pursuant to Section 164-9 of the City of
Ithaca Municipal Code which is not pre-empted by this section; and 4) that the
permitee, should the dog owner fail to fulfill this responsibility, shall be
responsible for the cleaning of any animal urine or feces that is deposited in the
permit area.
Section 2. Effective Date.
This ordinance shall take effect immediately in accordance with law upon publication of
a notice as provided in the Ithaca City Charter.
Alderperson Pryor explained the proposed changes in the currently existing permitting
system regarding dogs on the Commons. Extensive discussion followed on the floor
regarding the revocability process and enforcement issues.
A vote on the Ordinance resulted as follows:
Ayes (8) Pryor, Sams, Whitmore, Vaughan, Blumenthal, Mack,
Peterson, Cogan
Nays (2) Manos, Hershey
Carried
May 7, 2003
13
NEW BUSINESS:
13.1 Designation of 2003 City of Ithaca Polling Locations - Resolution
By Alderperson Hershey: Seconded by Alderperson Pryor
RESOLVED, That the following locations be designated as City of Ithaca polling
locations for the year 2003:
2003 CITY OF ITHACA
POLLING LOCATIONS
FIRST WARD
1st District Alternative Community School Chestnut Street
2nd District Alternative Community School Chestnut Street
3rd District Titus Towers II 798 S. Plain St
4th District South Hill School 520 Hudson St
5th District South Hill School 520 Hudson St
SECOND WARD
1st District GIAC 300 W. Court St
2nd District Titus Towers II 798 S. Plain St
3rd District GIAC 300 W. Court St
4th District TC Public Library 101 E. Green St
THIRD WARD
1st District Robert Purcell Union Jessup Road
2nd District Belle Sherman Annex Cornell St
3rd District Belle Sherman Annex Cornell St
FOURTH WARD
1st District Class of '22 Hall 659 Stewart Ave
2nd District #9 Fire Station 309 College Ave
3rd District #9 Fire Station 309 College Ave
FIFTH WARD
1st District Fall Creek School 202 King St
2nd District Fall Creek School 202 King St
3rd District Robert Purcell Community Ctr Jessup Rd
4th District Fall Creek School 202 King St
Carried Unanimously
13.2. Appointments to the City of Ithaca Local Board of Assessment Review
By Alderperson Sams: Seconded by Alderperson Blumenthal
RESOLVED, That Callista F. Paolangeli and Margaret Hobbie be appointed to serve on
the 2003 City of Ithaca Local Board of Assessment Review.
Carried Unanimously
13.3 Appointment to Tompkins Consolidated Area Transit (TCAT) Board
This item was withdrawn from the agenda
13.4 Taste of Thai Alcohol Permit - Resolution
By Alderperson Sams: Seconded by Alderperson Pryor
WHEREAS, the City Clerk has received a request to allow the Taste of Thai 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
May 7, 2003
14
WHEREAS, Common Council has determined that the use of this public property for
outdoor dining at the Taste of Thai 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 Taste of Thai
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
APPROVAL OF MINUTES:
Approval of April 10, 2002 Special Common Council Meeting Minutes:
By Alderperson Blumenthal: Seconded by Alderperson Whitmore
RESOLVED, That the minutes of the April 10, 2002 Special Common Council Meeting
be approved as published.
Carried Unanimously
Approval of August 7, 2002 Regular Common Council Meeting Minutes:
By Alderperson Blumenthal: Seconded by Alderperson Whitmore
RESOLVED, That the minutes of the August 7, 2002 Regular Common Council Meeting
be approved as published.
Carried Unanimously
Approval of November 6, 2002 Regular Common Council Meeting Minutes:
Alderperson Blumenthal requested that this item be deferred until the June, 2003
meeting.
Approval of April 2, 2003 Regular Common Council Meeting Minutes:
By Alderperson Blumenthal: Seconded by Alderperson Whitmore
RESOLVED, That the minutes of the April 2, 2003 Regular Common Council Meeting
be approved as published.
Carried Unanimously
Approval of April 15, 2003 Special Common Council Meeting Minutes:
By Alderperson Blumenthal: Seconded by Alderperson Whitmore
RESOLVED, That the minutes of the April 15, 2003 Special Common Council Meeting
be approved as published.
Carried Unanimously
Approval of April 22, 2003 Special Common Council Meeting Minutes:
By Alderperson Blumenthal: Seconded by Alderperson Whitmore
RESOLVED, That the minutes of the April 22, 2003 Special Common Council Meeting
be approved as published.
Carried Unanimously
Approval of April 23, 2003 Special Common Council Meeting Minutes:
By Alderperson Blumenthal: Seconded by Alderperson Whitmore
RESOLVED, That the minutes of the April 23, 2003 Special Common Council Meeting
be approved as published.
Carried Unanimously
MAYOR’S APPOINTMENTS:
Bicycle Pedestrian Advisory Council
By Mayor Cohen: Seconded by Alderperson Cogan
RESOLVED, That David W. Henderson be reappointed to the Bicycle Pedestrian
Advisory Council with a term to expire December 31, 2005, and be it further
May 7, 2003
15
RESOLVED, That Carla Shaffer be appointed to the Bicycle Pedestrian Advisory
Council to replace Karen LoParco with a term to expire December 31, 2005.
Carried Unanimously
Board of Public Works
By Mayor Cohen: Seconded by Alderperson Manos
RESOLVED, That Claudia Jenkins be reappointed to the Board of Public Works with a
term to expire December 31, 2005.
Carried Unanimously
Board of Appeals on Building Code
By Mayor Cohen: Seconded by Alderperson Hershey
RESOLVED, That Charles Wilson be reappointed to the Board of Appeals on Building
Code with a term to expire December 31, 2005.
Carried Unanimously
Board of Fire Commissioners
By Mayor Cohen: Seconded by Alderperson Hershey
RESOLVED, That Greg Kirkpatrick be reappointed to the Board of Fire Commissioners
as a Town of Ithaca representative as recommended by the Town with a term to expire
June 30, 2005, and, be it further
RESOLVED, That Carol Seligmann be appointed to the Board of Fire Commissioners to
fill a vacancy with a term to expire June 30, 2004.
Carried Unanimously
Board of Zoning Appeals
By Mayor Cohen: Seconded by Alderperson Blumenthal
RESOLVED, That Nancy Falconer be reappointed to the Board of Zoning Appeals with
a term to expire December 31, 2005, and, be it further
RESOLVED, That James Marshall be reappointed to the Board of Zoning Appeals with
a term to expire December 31, 2005, and, be it further
RESOLVED, That Constance Thomas be reappointed to the Board of Zoning Appeals
as an Alternate member with a term to expire December 31, 2003.
Carried Unanimously
Civil Service Commission
By Mayor Cohen: Seconded by Alderperson Sams
RESOLVED, That Frances Eastman be reappointed to the Civil Service Commission
with a term to expire May 31, 2008.
Carried Unanimously
Commons Advisory Board
By Mayor Cohen: Seconded by Alderperson Manos
RESOLVED, That Kristen Lewis be reappointed to the Commons Advisory Board with a
term to expire on December 31, 2004.
Carried Unanimously
Community Police Board
By Mayor Cohen: Seconded by Alderperson Pryor
RESOLVED, That Jonathan Laskowitz be reappointed to the Community Police Board
with a term to expire on December 31, 2005, and, be it further
RESOLVED, That Amy Rovelstad be reappointed to the Community Police Board with a
term to expire on December 31, 2005, and, be it further
RESOLVED, That Bob Wigden be reappointed to the Community Police Board with a
term to expire on December 31, 2005, and, be it further
RESOLVED, That Daniel Slattery be appointed to the Community Police Board to fill a
vacancy with a term to expire on December 31, 2005, and be it further
May 7, 2003
16
RESOLVED, That Casey Dill be appointed to the Community Police Board to fill a youth
vacancy with a term to expire on December 31, 2005.
Extensive discussion followed on the floor with Council members expressing concern
regarding a former Police Officer serving on the Community Police Board and the affect
it would have on the community.
A vote on the Resolution resulted as follows:
Ayes (7) Mack, Vaughan, Manos, Whitmore, Cogan, Whitmore, Hershey
Nays (3) Peterson, Sams, Blumenthal
Carried
Conservation Advisory Council
By Mayor Cohen: Seconded by Alderperson Peterson
RESOLVED, That Michael Culotta be reappointed to the Conservation Advisory Council
with a term to expire on December 31, 2004, and, be it further
RESOLVED, That Judith Jones be reappointed to the Conservation Advisory Council
with a term to expire on December 31, 2004, and, be it further
RESOLVED, That Paul Salon be reappointed to the Conversation Advisory Council with
a term to expire on December 31, 2004.
Carried Unanimously
Design Review Board:
By Mayor Cohen: Seconded by Alderperson Blumenthal
RESOLVED, That James Fulton be appointed to the Design Review Board to fill a
vacancy with a term to expire on December 31, 2005.
Carried Unanimously
Disability Advisory Council
By Mayor Cohen: Seconded by Alderperson Pryor
RESOLVED, That Michelle P. Hardy-Cook be reappointed to the Disability Advisory
Council with a term to expire on June 30, 2005, and, be it further
RESOLVED, That Chris Thomas be reappointed to the Disability Advisory Council with
a term to expire on June 30, 2005, and, be it further
RESOLVED, That Greg Gizewski be reappointed to the Disability Advisory Council with
a term to expire on June 30, 2005, and, be it further
RESOLVED, That Tracy Sault be appointed to the Disability Advisory Council to fill a
vacancy with a term to expire on June 30, 2004, and, be it further
RESOLVED, That John Ortiz be appointed to the Disability Advisory Council to fill a
vacancy with a term to expire on June 30, 2006.
Carried Unanimously
Examining Board of Electricians
By Mayor Cohen: Seconded by Alderperson Manos
RESOLVED, That Joseph A. Kohm be reappointed to the Examining Board of
Electricians with a term to expire on December 31, 2005.
Carried Unanimously
Housing Board of Review
By Mayor Cohen: Seconded by Alderperson Blumenthal
RESOLVED, That Charette Wheelis be reappointed to the Housing Board of Review
with a term to expire on December 31, 2005.
Carried Unanimously
Parks Commission
By Mayor Cohen: Seconded by Alderperson Blumenthal
RESOLVED, That Chrys Gardener be appointed to the Parks Commission to fill a
vacancy with a term to expire on December 31, 2003.
Carried Unanimously
Planning & Development Board
By Mayor Cohen: Seconded by Alderperson Vaughan
RESOLVED, That G.P. Zurenda be reappointed to the Planning & Development Board
with a term to expire on December 31, 2005, and, be it further
May 7, 2003
17
RESOLVED, That Ellen McCollister be reappointed to the Planning & Development
Board with a term to expire on December 31, 2005.
Carried Unanimously
Public Art & Design Commission
By Mayor Cohen: Seconded by Alderperson Blumenthal
RESOLVED, That Alan L. Nemcek be reappointed to the Public Art & Design
Commission with a term to expire on June 30, 2005.
Carried Unanimously
Rental Housing & Advisory Committee
By Mayor Cohen: Seconded by Alderperson Whitmore
RESOLVED, That Ernest Bury be reappointed to the Rental Housing & Advisory
Committee with a term to expire on December 31, 2005, and, be it further
RESOLVED, That Nia Fussell be reappointed to the Rental Housing & Advisory
Committee with a term to expire on December 31, 2005, and, be it further
RESOLVED, That Sharon Marx be reappointed to the Rental Housing & Advisory
Committee with a term to expire on December 31, 2005.
Carried Unanimously
COMMUNICATIONS FROM COMMON COUNCIL:
Alderperson Whitmore announced that there will be a Neighborhood Clean-Up in the
Henry St. John’s neighborhood on Saturday, May 10, 2003.
Alderperson Cogan announced that there will be a meeting of the City of Ithaca 5th
Ward and the County 5th District on Tuesday, May 13, 2003, at Fall Creek Elementary
School from 7:00 p.m. to 9:00 p.m.
Alderperson Sams announced that the 2nd Ward will be holding a 2nd Ward Committee
meeting at the Southside Community Center on Tuesday, May 13, 2003, from 7:00 p.m.
to 9:00 p.m.
Alderperson Pryor announced that there will be an opportunity for Southside residents
to meet the new Police Chief on May 8, 2003 at the Southside Community Center at
5:45 p.m.
Alderperson Hershey congratulated Professor Fred Mc Lafferty on his 80th birthday and
on the marvelous campus celebration honoring his contributions to chemistry and to
chemistry education.
Alderperson Blumenthal announced that the Collegetown Neighborhood Council will
meet on May 8, 2003 at 4:00 p.m. at St. Luke Lutheran Church on Oak Avenue to
discuss Senior Week and evaluate other Spring events with Police Chief Loo.
Alderperson Peterson announced that on Saturday, May 10, 2003 from 10:00 a.m. to
2:00 p.m. there will be a Six Mile Creek Gorge clean up. She further noted that there
are several clean up days scheduled through August with the Natural Areas
Commission.
COMMUNICATIONS FROM THE MAYOR:
Mayor Cohen announced that he ran a 5k event for charity against the Mayor of Elmira
and he won the race. Mayor Hughes and he have agreed to host a food drive in our
respective City Halls. A box will be placed in the lobby where people can drop off food
goods for the food bank of the Southern Tier.
Mayor Cohen further reported that he has posted a map on the wall of Common Council
Chambers that identifies all of the road projects that will be undertaken this season.
13.5 Motion to Enter into Executive Session to Discuss Matters Relating to
Bargaining Units
By Alderperson Pryor: Seconded by Alderperson Mack
RESOLVED, That Common Council adjourn into Executive Session to discuss matters
relating to Bargaining Units.
Carried Unanimously
May 7, 2003
18
RECONVENE:
Common Council reconvened into Regular Session with no formal action taken.
13.6 Appointment of New Youth Bureau Director:
By Alderperson Whitmore: Seconded by Alderperson Cogan
RESOLVED, That Ruth Katz be appointed to the position of Youth Bureau Director
effective June 16, 2003, at an annual salary of $57,951 and with twenty hours of annual
leave per month.
(8) Ayes Peterson, Mack, Whitmore, Manos, Pryor, Vaughan, Cogan
Hershey
(1) Nay Sams
Alderperson Blumenthal was absent from the vote
Carried
ADJOURNMENT:
On a motion the meeting adjourned at 10:45 P.M.
________________________ _______________________
Julie Conley Holcomb, CMC Alan J. Cohen,
City Clerk Mayor