HomeMy WebLinkAboutMN-CC-2003-08-06 COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 7:00 pm August 6, 2003
PRESENT:
Acting Mayor Pryor
Alderpersons (9) Manos, Sams, Whitmore, Blumenthal, Mack, Peterson, Cogan,
Hershey, Vaughan
OTHERS PRESENT:
City Clerk – Conley Holcomb
City Attorney – Schwab
Planning and Development Director – Van Cort
Human Resources Director – Michell-Nunn
City Chamberlain – Parsons
City Controller – Thayer
GIAC Director – Fort
Acting Youth Bureau Director – Green
Assistant Superintendent of Water & Sewer – Fabbroni
Police Chief – Loo
City Planner – Logue
Community Development Director – Bohn
Economic Development Director – McDonald
Neighborhood and Preservation Planner - Chatterton
PLEDGE OF ALLEGIANCE:
Acting Mayor Pryor 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 a Report regarding the adoption of a
Local Law authorizing Department Heads to appoint their Deputies.
No Council member objected.
Planning and Economic Development Committee:
Acting Mayor Pryor requested the deletion of Item 5.1 a Public Hearing to Consider the
Adoption of the Proposal to Change the Zoning Designation of Parcels 28.-3-5,11.-3-1.2
and 12.-7-4 from I-1 to B-2a.
No Council member objected.
Alderperson Blumenthal requested a Report on the status of the Cayuga Garage
project. Acting Mayor Pryor responded that there would be a public information session
on this topic in the near future.
New Business:
Acting Mayor Pryor requested the addition of a Motion to Enter into Executive Session
to discuss the employment history of an individual, and contract negotiations.
No Council member objected.
5. SPECIAL ORDER OF BUSINESS:
Alderperson Manos recused herself from the public hearing and consideration of
resolutions regarding the proposed Benefit Assessment District, as her husband owns
property within the district.
Alderperson Vaughan was absent from the public hearing and consideration of the
resolutions regarding the proposed Benefit Assessment District.
August 6, 2003
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5.2 A Public Hearing to Consider the Establishment and Adoption of a Benefit
Assessment District for Local Vehicular Traffic Improvements in the Southwest
Area of the City of Ithaca
Resolution to Open Pubic Hearing:
By Alderperson Mack: Seconded by Alderperson Whitmore
RESOLVED, That the Public Hearing to Consider the Establishment and Adoption of a
Benefit Assessment District for Local Vehicular Traffic Improvements in the Southwest
Area of the City of Ithaca be declared open.
Carried Unanimously
The following people addressed Common Council in opposition of the proposed Benefit
Assessment District, including the inclusion of Nates Floral Estates within the district:
Neidra Dunston Jim Dunston
Penny Turco Bernard Carpenter
George Gesslein Dick Flaville
Mary Fiocco Neil Oolie
Fay Gougakis Mike Wells
Rob Cutting Ralph Uttaro
Tom Pendall Jay Waring
Marilyn Ryan Dorothy Sturtevant
Bill Cooke Mike McLaughlin
Joel Harlan Esther Bidwell
Resolution to Close Pubic Hearing:
By Alderperson Whitmore: Seconded by Alderperson Hershey
RESOLVED, That the Public Hearing to Consider the Establishment and Adoption of a
Benefit Assessment District for Local Vehicular Traffic Improvements in the Southwest
Area of the City of Ithaca be declared closed.
Carried Unanimously
5.3 A Resolution Directing City Departments in Regard to Taughannock
Boulevard Extension and Capital Project #450
By Alderperson Cogan: Seconded by Alderperson Whitmore
WHEREAS, the City of Ithaca Common Council approved the Six Point Traffic Plan and
included the Plan in the City’s Comprehensive Plan through an amending resolution in
December 2001, and
WHEREAS, the Meadow Street and Taughannock Boulevard projects, two of the
projects in the Six Point Traffic Plan, were considered by Common Council for inclusion
in a benefit assessment district, and
WHEREAS, the Meadow Street project involves the widening and redesign of an
existing roadway and bridge and the Taughannock Boulevard Extension project
involves the design and construction of a new transportation corridor, including the
establishment of a right-of-way for pedestrians, bicyclist, and motor vehicles and the
consideration of complex planning and engineering issues, and
WHEREAS, Capital Project #450 was previously established by Common Council in the
amount of $9,280,250 to fund the design and construction of the Meadow Street
widening and Taughannock Boulevard Extension, and
WHEREAS, the planning and design of the Meadow Street widening project is nearing
completion and has been put out to bid for construction, and
WHEREAS, these two projects entail different scopes of work, staff effort, and financial
costs, and
WHEREAS, Common Council wishes to exercise additional oversight on the
Taughannock Boulevard Extension project, now, therefore, be it
Deleted:
August 6, 2003
3
RESOLVED, That Common Council directs that no additional funds be expended from
Capital Project #450 on the Taughannock Boulevard Extension without the further
direction and approval of Common Council.
Discussion followed on the floor regarding potential TIP funding and the process that
needs to be followed to become eligible for funds.
Acting Mayor Pryor stated that the Acting Mayor has the ability to vote as an elected
member of Common Council.
A vote on the Resolution resulted as follows:
Ayes (4) Cogan, Sams, Peterson, Whitmore
Nays (4) Pryor, Mack, Hershey, Blumenthal
Failed
5.4 A Resolution Making Certain Determinations in Relation to and Approving
The Establishment Of The Proposed Benefit Assessment District for the
Southwest Area of the City
By Alderperson Pryor: Seconded by Alderperson Hershey
WHEREAS, a map, plan and report, entitled “City of Ithaca Proposed Benefit Assessment
District for the Southwest Area”, have been prepared in such manner and in such detail as
has heretofore been determined by the Common Council of the City of Ithaca, Tompkins
County, New York (the “City”), relating to the establishment of a proposed benefit
assessment district for local vehicular traffic improvements in the Southwest area of the
City, such district to be known as the Benefit Assessment District for the Southwest Area
of the City of Ithaca (the “District”); and
WHEREAS, the District is proposed to encompass the commercially zoned properties in
the following areas: Southwest Study Area of the City and on the east side of South
Meadow Street south of Clinton Street to Elmira Road, on Old Elmira Road, and on the
southeast side of Elmira Road to the City/Town of Ithaca line, and shall be bounded and
more fully described as set forth in Exhibit A attached hereto and made a part hereof; and
WHEREAS, the improvements proposed in the District are the widening of Route 13
(locally known as Meadow Street and Elmira Road) to five lanes at the intersection of
Route13 (Meadow Street) with Elmira Road and at the intersection of Route 13 with
West Clinton Street, Fulton Street, Cecil A Malone Drive and South Titus Avenue (The
latter widening includes the construction of one additional lane on the Six Mile Creek
Bridge.), and
WHEREAS, the total estimated project cost for the widening of Route 13 to five lanes,
including incidental improvements and expenses in connection therewith, is proposed to
be established at $5,500,000, and
WHEREAS, it is proposed that the aggregate maximum cost of the proposed
improvements shall be apportioned between the City taxpayers at large and upon the
commercially zoned properties within the District, with 35.3% of such cost being the
portion of the cost proposed to be borne by the City taxpayers at large and with 64.7% of
such cost being the portion of the cost proposed to be assessed upon commercially zoned
properties within the District; and
WHEREAS, the proposed method of financing the aggregate maximum cost of the
proposed improvements shall be by the issuance of serial bonds of said City; and
WHEREAS, it is proposed that assessments upon properties within the District shall be
benefit assessments the basis or formula therefore being annually determined based on
the square footage of buildings and assessed value of properties, as provided by the
Tompkins County Division of Assessment, on properties within the District; and
WHEREAS, an order/resolution was duly adopted by said Common Council on July 9,
2003, reciting a description of the boundaries of the District, the improvements proposed,
August 6, 2003
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the aggregate maximum amount proposed to be expended for said improvements, the fact
that said map, plan and report were on file in the City Clerk's office for public inspection
and specifying the 6th day of August, 2003, at 7:00 o'clock P.M., Prevailing Time, and the
City Hall, in Ithaca, New York, in said City, as the time when and the place where said
Common Council would meet for the purpose of holding a public hearing to consider the
establishment of the District and said map, plan and report filed in relation thereto and to
hear all persons interested in the subject thereof concerning the same; and
WHEREAS, notice of the aforesaid public hearing was duly published and served in the
manner and within the time prescribed by Section 4 of that certain Local Law of the City
providing for the establishment of a benefit assessment district for local vehicular traffic
improvements in the Southwest Area of the City (“Local Law, Section 4”), and proof of
publication and service has been duly presented to said Common Council; and
WHEREAS, said public hearing was duly held at the time and place in said
order/resolution, as aforesaid, at which all persons desiring to be heard were duly heard;
and
WHEREAS, said Common Council has duly considered said map, plan and report and the
evidence given at said public hearing; now, therefore, be it
RESOLVED, By the Common Council of the City of Ithaca, Tompkins County, New York,
as follows:
Section 1. Upon the evidence given at the aforesaid public hearing, it is hereby found and
determined as follows:
(a) The notice of hearing was published and served as required by Local Law,
Section 4 and is otherwise sufficient;
(b) All the property and property owners within the boundaries of the proposed
District are benefited thereby;
(c) All the property and property owners benefited by the proposed District are
included within the boundaries of the proposed District;
(d) The proposed apportionment of the aggregate maximum cost of the
proposed improvements between the lands benefited and the City at large is fair
and equitable;
(e) The proposed benefit assessment basis or formula for the portion of the
aggregate maximum cost to be raised by the levy of a benefit assessment upon
properties within the District is fair and equitable;
(f) The proposed improvements and the aggregate maximum amount to be
expended for the construction of the proposed improvements and the proposed
method of financing are in the public interest; and
(g) The establishment of the proposed District is in the public interest.
Section 2. The establishment of the Benefit Assessment District for the Southwest Area of
the City of Ithaca, Tompkins County, New York, to be bounded and described as hereafter
set forth, and the improvements proposed therefore, consisting of the widening of Route
13 to five lanes, including incidental improvements and expenses in connection therewith,
all as more fully described in the aforesaid map, plan and report, at an aggregate
maximum estimated cost of $5,500,000, of which 35.3% shall be borne by the City at large
and of which 64.7% shall be assessed upon commercially zoned properties within the
District, are hereby approved.
Section 3. The District shall be bounded and described as set forth in Exhibit A attached
hereto and hereby made a part hereof.
Section 4. This resolution shall take effect immediately.
Extensive discussion followed on the floor with Council members sharing their questions
and concerns about the boundaries of the proposed district.
Planning and Development Director Van Cort explained the formula used to determine
the trip generation figures.
August 6, 2003
5
Motion to Call the Question:
By Alderperson Whitmore
RESOLVED, That the question be called.
Ayes (2) Whitmore, Cogan
Nays (6) Pryor, Sams, Blumenthal, Mack, Peterson, Hershey
Failed
Further discussion followed on the floor regarding the potential positive and negative
impacts of the Benefit Assessment District.
A vote on the Resolution resulted as follows:
Ayes (2) Pryor, Hershey
Nays (6) Cogan, Peterson, Mack, Blumenthal, Whitmore, Sams
Failed
Alderpersons Manos and Vaughan rejoined Common Council at 8:55 p.m.
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
The following people addressed Common Council:
Sally VanOrman – traffic concerns in the City of Ithaca
Joel Harlan – Oswego HarborFest
Fay Gougakis – Wastewater consolidation project, Rt. 13 Widening Project, Cornell
University and Ithaca College contributions
Mary Tomlan – City Administrator position
Lt. Vincent Monticello – Police Dept. shift schedules
Officer Steven Moracco – Police Dept. shift schedules
Officer Tracy Sullivan – Police Dept. shift schedules
Officer Thomas Yetzer – Police Dept. shift schedules
Officer Douglas Bowman – Police Dept. shift schedules
Sgt. Douglas Wright – Police Dept. shift schedules
Neil Oolie – Proposed Benefit Assessment District
Georgia Stavropoulos – Police Dept. shift schedules
RESPONSE TO PUBLIC:
Alderperson Pryor thanked members of the Police Benevolent Association for attending
the meeting and voicing their concerns. She stated that she would distribute a letter to
Council members that was sent to the PBA.
Alderperson Sams responded to comments made by the PBA members. She stated
that Common Council members had no prior knowledge of this topic.
Alderperson Manos thanked everyone for staying through the Benefit Assessment
District hearings to share their comments with Council members.
Alderperson Blumenthal thanked the Ithaca Police Officers for sharing their concerns
with Council.
8. CONSENT AGENDA:
8.1 Flexible Spending Account - Resolution
By Alderperson Peterson: Seconded by Alderperson Whitmore
WHEREAS, on July 9, 2003 Common Council authorized an increase of $500 for the
unreimbursed medical Flexible Spending Account, and
WHEREAS, the Resolution passed did not state the effective date of the Flexible
Spending Account increase for unreimbursed medical; now, therefore, be it
August 6, 2003
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RESOLVED, That Common Council hereby authorizes a $500 increase for the Flexible
Spending Account, from $1000 to $1500 for unreimbursed medical expenses effective
January 1, 2004.
Carried Unanimously
BUDGET & ADMINISTRATION COMMITTEE:
9.1 Ordinance Amending Chapter 232 Entitled “Licensing of Businesses and
Occupations” of the City of Ithaca Municipal Code Regarding Taxicab Rates
By Alderperson Vaughan: 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 232-70 entitled “Rates”, and the
Taxicab Zones and Rates Schedule is hereby amended as follows:
Zone Charges – One Passenger
Departure Zone
1 2 3 4 5 6
1 [4.10]4.35 [4.60]4.85 [4.60]4.85 [4.60]4.85 [5.10]5.35 [5.10]5.35
2 [4.60]4.85 [4.10]4.35 [4.60]4.85 [4.60]4.85 [5.10]5.35 [5.10]5.35
3 [4.60]4.85 [4.60]4.85 [4.10]4.35 [4.60]4.85 [4.60]4.85 [4.60]4.85
4 [4.60]4.85 [4.60]4.85 [4.60]4.85 [4.10]4.35 [4.60]4.85 [4.60]4.85
5 [5.10]5.35 [5.10]5.35 [4.60]4.85 [4.60]4.85 [4.10]4.35 [4.60]4.85
6 [5.10]5.35 [5.10]5.35 [4.60]4.85 [4.60]4.85 [4.60]4.85 [4.10]4.35
Section 2. Senior Citizen Discount
Section 232-70 B (3) is hereby amended to read as follows:
“Seniors. Passengers 65 years of age or older shall be granted a discount of
[$0.85]$1.15 in regulated fares.”
Section 3. Effective Date.
This Ordinance shall take effect immediately in accordance with law upon publication of
a notice as provided in the Ithaca City Charter.
Discussion followed on the floor with John Kadar, Owner of Ithaca Dispatch, Inc.
answering rate questions from Common Council members.
A vote on the Ordinance resulted as follows:
Carried Unanimously
(Alderperson Blumenthal absent from vote)
9.2 A Local Law Amending Article V, Section C-58 of the Charter of the City of
Ithaca Entitled “Board of Public Works”, “Commissioners” to Add a Liaison from
the Disability Advisory Council.
By Alderperson Vaughan: Seconded by Alderperson Sams
Local Law _______ 2003
BE IT ENACTED by the Common Council of the City of Ithaca as follows:
Legislative Intent and Purpose
The Common Council of the City of Ithaca wishes to add a liaison to the Board of
Public Works from the Disability Advisory Council to facilitate information sharing and
input on City projects and accessibility issues.
August 6, 2003
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Section 1.
Article V, Section C-58, of the City of Ithaca Charter Entitled “Board of Public Works” is
hereby amended by adding a new subsection G and re-lettering the existing sections as
H, I, J., K. The new subsection shall read as follows:
Section C-58 Commissioners.
G. In addition to the appointed members of the Board of Public Works, the City’s
Disability Advisory Council (DAC) shall designate one of its members as a liaison to the
Board. The DAC liaison shall be eligible to participate in all discussions of the Board,
but shall not be a voting member.
Section 2.
Severability. If any clause, sentence, paragraph, section, or part of this local law shall
be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not
affect, impair, or invalidate the remainder thereof but shall be confined in its operation to
the clause, sentence, paragraph section, or part thereof directly involved in the action in
which such judgment shall have been rendered.
Section 3.
Effective Date. This Local Law shall become effective upon filing with the Secretary of
State as provided by law.
Discussion followed on the floor regarding possible future voting powers for the liaison
position.
A vote on the Local Law resulted as follows:
Carried Unanimously
(Alderperson Blumenthal absent from vote)
9.3 DPW – Request to Transfer Funds for Stand Pipe System Repair at Dryden
Road Parking Garage
By Alderperson Vaughan: Seconded by Alderperson Manos
WHEREAS, during a recent Fire Department inspection of the Dryden Road Parking
Garage, several leaks were found in the water stand pipe system used for fire control,
and
WHEREAS, the stand pipe system has been taken out of service and needs to be
repaired to meet current Fire Code, and
WHEREAS, the estimated cost of repair to the stand pipe system is $7,150; now,
therefore, be it
RESOLVED, That Common Council hereby authorizes the transfer of an amount not to
exceed $7,150 from account A1990 Unrestricted Contingency to A5654-5480 Building
Maintenance Supplies for the purpose of repairing the leaks in the water stand pipe
system at the Dryden Road Parking Garage.
Carried Unanimously
(Alderperson Blumenthal absent from vote)
9.4 DPW – Request to Amend Authorization for Capital Project #425 Traffic
Signal Upgrade, Phase 1
By Alderperson Vaughan: Seconded by Alderperson Hershey
WHEREAS, the Common Council at its regular meeting of May 7, 2003 amended
Capital Project #425 Traffic Signal Upgrade to a total of $712,000, and
WHEREAS, subsequently, bids received for the project exceeded the project estimate
by $160,784, and
WHEREAS, the State will approve additional funding for this project; now, therefore, be
it
August 6, 2003
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RESOLVED, That the Common Council hereby amends Capital Project 425 Traffic
Signal Upgrade by an amount not to exceed $160,784 for a total project authorization of
$872,784 for said project, and be it further
RESOLVED, That the 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 1-VI), Construction and Construction Inspection for the Project or portions
thereof, and be it further
RESOLVED, That Common Council hereby recommends that the additional
authorization amount of $160,784 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 $43,640 of the $872,784 authorized for Phase 1 of 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
Department 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.
Carried Unanimously
9.5 City Chamberlain – Request to Authorize Parking Ticket Collection
Contract and Budget Amendment
By Alderperson Vaughan: Seconded by Alderperson Cogan
WHEREAS, current software used to assist in the collection of parking tickets has not
performed according to expectations, negatively affecting the City’s collection rate of
unpaid tickets, and
WHEREAS, the City Chamberlain has reviewed proposals from outside vendors to
provide software, collection and enforcement services for parking tickets, and
WHEREAS, Complus Data Innovations has submitted a proposal for the collection of
parking tickets that is projected to increase net revenues to the City; now, therefore, be
it
RESOLVED, That Common Council authorizes the Mayor to enter into a contract with
Complus, Inc., to provide software and collection services for parking tickets, and, be it
further
RESOLVED, That the Traffic Violations budget be amended as follows:
A1130-2610 Increase by $70,000
A1130-5435 Increase by $70,000
August 6, 2003
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Discussion followed on the floor with Human Resources Director Michell-Nunn stating
that the CSEA Admin Unit would receive notification of change in ticket collection
responsibilities.
A vote on the Resolution resulted as follows:
Carried Unanimously
9.6 DPW – Authorizing Sole Source Bidding for Actiflo Process for Tertiary
Wastewater Treatment Related to the Phosphorus Removal Project at IAWWTP
By Alderperson Vaughan: Seconded by Alderperson Hershey
WHEREAS, because of New York State Department of Environmental Conservation
(“DEC”) and United States Environmental Protection Agency (“EPA”) rules and
requirements, in order to continue to operate the Wastewater Treatment Plant in the City
of Ithaca (the “City”) operated for the benefit of the City and the Towns of Ithaca and
Dryden (the “Towns”) at IAWWTP (the “Plant”) it is necessary to reduce the amount of
phosphorus being discharged by the Plant from its outflow into Cayuga Lake to not more
than .20 mg. of phosphorus per liter of wastewater discharged on a twelve-month rolling
average, and
WHEREAS, the City Engineers as well as Stearns & Wheler, LLC, consulting engineers
hired by the City and Towns have studied a number of processes to attain the reductions
in phosphorus levels required by the DEC and the EPA to try and find a process that will
effect such reductions at a reasonable cost to the City and Towns, and
WHEREAS, said engineers have concluded that only two processes, the Densadeg
process and the Actiflo process are able to accomplish the required reduction at a realistic
price, and
WHEREAS, construction of a phosphorus removal facility adjacent to the Plant has to be
done on piles to provide adequate support for the structure because of insufficiently stable
soils, and
WHEREAS, because using piles for support is extremely expensive, the footprint of any
structure needs to be kept to the minimum size possible, and
WHEREAS, the engineers have concluded that the Densadeg process is not feasible for
the Plant because it would require construction of a considerably larger facility than would
be required for the Actiflo process resulting in additional construction costs in excess of
$1,000,000, and
WHEREAS, the Actiflo process is a state of the art patented process and the only entity
that possesses the rights to market and supply the process is Kruger Products of Cary,
North Carolina, and
WHEREAS, Stearns & Wheler, LLC and the City’s engineers have been involved with
tests to confirm the efficacy of the Actiflo process and have negotiated a warranty from
Kruger Products that the process will effect the required reduction in phosphorus in a
manner that complies with the performance specifications prepared by Stearns & Wheler,
LLC in a cost-effective manner, and
WHEREAS, there does not appear to be any other process that can effect the required
reduction in as small a facility and in as cost-effective a manner as the Actiflo process, and
WHEREAS, Stearns & Wheler, LLC and the City Engineers have negotiated with Kruger
Products for a stipulated price that Kruger Products will supply to all bidders who bid on
the Plant phosphorus removal project, and
WHEREAS, Stearns & Wheler, LLC and the City Engineers recommend that the Actiflo
process be the only process considered for the phosphorus removal project at the Plant,
that the City governing bodies authorize the bidding for such project to specify the Actiflo
process as the only acceptable process, and that Kruger Products, being the only entity
August 6, 2003
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with the rights to supply such process, be designated as the sole source for the process;
now, therefore, be it
RESOLVED, That Common Council hereby finds that
(a) The Actiflo process is the current “state of the art” for reduction of
phosphorus in the circumstances that presently pertain to the Plant;
(b) No other process provides substantially equivalent or similar benefits at a
reasonable cost;
(c) The use of the Actiflo process is extremely cost-effective given the cost of
the process and the savings in construction costs by using a smaller addition
to the Plant;
(d) The sole provider of the Actiflo process is Kruger Products of Cary, NC;
(e) The use of Kruger Products and the Actiflo process uniquely serves the
public interest; and
(f) It is in the best interests of the City and Towns for the contractors ultimately
chosen to construct the phosphorus removal project at the Ithaca Area
Wastewater Treatment Plant to use only the Actiflo phosphorus removal
process as supplied by Kruger Products, and be it further
RESOLVED, That the Board of Public Works, in soliciting bids for the entire Phosphorus
Removal Project, specify the use of the Actiflo process and the contracting with Kruger
Products of Cary, NC for the installation of such process, and be it further
RESOLVED, That the City Engineers and/or the City’s consulting engineers are
authorized and requested to prepare plans and specifications for such bids in a manner
that complies with all requirements of Kruger Products for the installation of the Actiflo
process, including the specification of such components as may be required by Kruger
Products as a pre-condition to the granting of a warranty by Kruger Products that the
Actiflo process, when installed in accordance with such plans and specifications, will meet
the DEC and/or EPA requirements for phosphorus removal in the cost-effective manner
represented by Kruger Products and as specified by the consulting engineers to the City,
and be it further
RESOLVED, That the City Engineer, and other officers and employees of the City are
authorized to take such steps, to prepare such plans and specifications and other contract
documents, to prepare a stipulated sum contract with Kruger Products to assure all
bidders for the project will receive the same price for the Actiflo process, and to prepare
and distribute any other documents, as any of them deem necessary or desirable to
effectuate the intention of the foregoing resolutions.
Carried Unanimously
9.7 Planning Department – Re-authorization of First Phase of the Bicycle Master
Plan
By Alderperson Vaughan: Seconded by Alderperson Manos
WHEREAS, the Common Council originally authorized a Bicycle Master Plan Capital
Project in the amount of $80,000 in 1996, and
WHEREAS, the project was never undertaken and the funds for said project have
expired, and
WHEREAS, City staff is now recommending that the Project be re-authorized at an
estimated cost of $100,000, and
WHEREAS, a Project for the First Phase CITY OF ITHACA BICYCLE PLAN
IMPLEMENTATION, P.I.N. 3950.02 (the “Project”), as indicated in the attached map, 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 80% Federal funds
and 20% non-federal funds, and
August 6, 2003
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WHEREAS, the City of Ithaca desires to advance the above 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 First Phase of the above-
subject 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 Project or portions thereof, and be it further
RESOLVED, That Capital Project # 325 is hereby re-authorized in the amount not to
exceed of $100,000, for the purposes of the First Phase of the Bicycle Plan
implementation, and be it further
RESOLVED, That the City share of said project shall not exceed 20% or $20,000 with
the remaining 80% or $80,000 being federally funded, and be it further
RESOLVED, That the sum of $100,000 is hereby advanced from the General Fund and
later replaced by the issuance of serial bonds and made available to cover the City’s
cost of participation in the above first phase of the Project, 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 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.
Discussion followed on the floor regarding funding and in-kind services. Alderperson
Peterson stated that bicycle safety education is not applicable under this grant, however
she hopes that the Bicycle Pedestrian Advisory Council will continue to educate both
motorists and bicyclists on safety issues.
A vote on the Resolution resulted as follows:
Carried Unanimously
9.8 Common Council – City Employees on Boards and Commissions
By Alderperson Vaughan: Seconded by Alderperson Cogan
RESOLVED, That Common Council adopts the following policy on employees serving
on City Boards and Commissions:
1.) No more than one City employee shall serve on any board or commission.
2.) No City employee shall serve on a board or commission that has responsibilities
related to the employee’s position in the employee’s regular work with the City.
3.) City employees who serve on boards or commissions do so as volunteers, on their
own time.
4.) City employees whose service as liaisons to or members of City boards and
commissions because of language in the City charter or whose job responsibilities
require such attendance are not volunteers and are not covered by this policy.
August 6, 2003
12
5.) No City employee shall serve as a member of a board or commission that has quasi-
judicial or ministerial powers. This list includes, but is not limited to, the Board of
Zoning Appeals, the Planning and Development Board and the Board of Public
Works.
and, be it further
RESOLVED, That this policy be referred to the Human Resources Department and City
employees.
Discussion followed on the floor with Alderperson Blumenthal voicing her opposition to
the Resolution as she felt that the issue of committee liaison positions had not been fully
explored and that seats on City boards and committees should be reserved for
community residents.
Alderperson Vaughan stated that the Budget and Administration Committee considered
this matter twice and many compromises have been made. She further stated that the
Committee voted unanimously on this issue at their July meeting. She stated that she
believes that the policy encourages employees to actively participate as members of the
community.
Alderpersons Manos, Pryor, and Mack stated that they do not believe a blanket policy is
needed, and that the proposal is too restrictive. They recommended that Common
Council evaluate each employee resume individually as they do for members of the
community who wish to serve on committees.
Amending Resolution:
By Alderperson Peterson: Seconded by Alderperson Blumenthal
RESOLVED, That Item number 2 be amended to read as follows:
“No City employee shall serve on a board or commission which has responsibilities
related to the employee’s position in the employee’s regular work with the city or a
relative’s or partner’s work with the city.”
Ayes (2) Peterson, Blumenthal
Nays (8) Manos, Pryor, Sams, Whitmore, Vaughan, Mack, Hershey,
Cogan
Failed
Further discussion followed on the floor regarding the need for a policy, and how the
policy should be worded. Alderperson Vaughan noted that the lack of a policy has
resulted in employees not being reappointed to positions and vacancies not being filled.
A vote on the Resolution resulted as follows:
Ayes (1) Vaughan
Nays (9) Manos, Pryor, Sams, Whitmore, Blumenthal, Mack, Peterson
Hershey, Cogan
Failed
RECESS:
Common Council recessed at 10:20 p.m.
RECONVENE:
Common Council reconvened into Regular Session at 10:25 p.m.
HUMAN RESOURCES COMMITTEE:
10.1 GIAC – Request to Amend Personnel Roster - Resolution
By Alderperson Peterson: Seconded by Alderperson Whitmore
WHEREAS, the Greater Ithaca Activities Center (GIAC) currently has a 35 hours per week
Administrative Secretary position and a 20 hours per week Senior Typist position, and
WHEREAS, the employee currently holding the Administrative Secretary position
pursuant to Civil Service law will need to vacate the position for a temporary period of
time, and
August 6, 2003
13
WHEREAS, the employee holds rights to the Senior Typist position, and
WHEREAS, the Director of GIAC has communicated a strong desire and need to retain
this valued employee, and
WHEREAS, the Director of GIAC has worked diligently with the Human Resources
Department to resolve this dilemma, and
WHEREAS, the Human Resources Department has recommended reducing the
Administrative Secretary position to 20 hours per week, increasing the Senior Typist
position to 35 hours per week, and appointing the current employee to the Senior Typist
position, and
WHEREAS, this amendment to the GIAC Personnel Roster will not require additional
funding but instead will be a reduction of $1,642.00, now therefore be it
RESOLVED, That Common Council hereby authorizes an amendment to the GIAC
Personnel Roster as follows:
Reduce: Administrative Secretary – 35 hours to 20 hours
Increase: Senior Typist – 20 hours to 35 hours
and be it further
RESOLVED, That this amendment be established on a temporary basis, until the
employee is able to return to the position barring any future departmental budget
constraints.
Carried Unanimously
(Alderpersons Vaughan, Blumenthal, Hershey and Mack were
absent from the vote.)
10.2 DPW (TCAT) – Request to Amend Personnel Roster - Resolution
By Alderperson Peterson: Seconded by Alderperson Hershey
WHEREAS, in an effort to generate additional revenue and provide enhanced service,
TCAT developed route adjustments which involve consolidating, deleting and adding
routes, and
WHEREAS, the service changes developed will begin on August 21, 2003 which
includes additions to Route 10 and Route 30, and
WHEREAS, Route 10 and Route 30 have a high ridership for which State Transit
Operating Assistance (STOA) reimbursement exceed the cost to operate these routes,
and
WHEREAS, the high ridership level for Route 30 has grown beyond the bus capacity
forcing drivers to leave passengers behind, and
WHEREAS, the service changes to Route 30 will include two (2) additional buses
operating from 7:30 – 10:30 a.m. and 3:00 – 6:30 p.m. with service every 15 minutes,
extended evening service on weekdays operating until 9:30 p.m. and an additional bus
on Sunday to provide service every 30 minutes, and
WHEREAS, projected revenue for additional service is $70,000 - 113,000, and
WHEREAS, the service changes to Route 10 will include extending the hours of service,
now therefore be it
RESOLVED, That Common Council hereby authorizes an amendment to the DPW
(TCAT) Personnel Roster as follows:
August 6, 2003
14
Add: Two (2) Bus Drivers – 40 hours
and be it
RESOLVED, That the City contribution will be 1/3 of the total cost of adding the two (2)
Bus Driver positions, and be it
RESOLVED, That the City will pay the salaries and benefits for the two (2) additional
Bus Drivers, and TCAT will reimburse the City for any costs that exceed the 1/3 share
paid to TCAT, and be it further
RESOLVED, That in accordance to the CSEA DPW collective bargaining agreement,
Common Council authorizes the hiring of the two (2) additional Bus Drivers at $10.32
per hour.
Carried Unanimously
(Alderperson Mack was absent
from the vote)
10.3 City Administrator Position - Resolution
By Alderperson Peterson: Seconded by Alderperson Blumenthal
WHEREAS, in April 2000 a subcommittee of the Human Resources Committee was
charged with studying whether the city is administered as effectively and efficiently as
possible and whether there might be ways of improving administrative coordination and
communication, and
WHEREAS, on December 5, 2001, the Common Council accepted the June 28, 2001
report of the subcommittee that recommended the creation of the position of City
Administrator and that stated "It is apparent that the scale and complexity of
administrative activity necessary to maintain Ithaca's infrastructure and public services
has grown beyond the capabilities of the current government structure," and
WHEREAS, the report also recommended that the city administrator be in place by
January 1, 2003, in order for the person to have a full year working with the current
Common Council and the mayor before a "complete turnover" in elected officials occurs
after the 2003 elections, and
WHEREAS, that preferred deadline has now passed, and
WHEREAS, a previous proposed local law which would have established the position of
city administrator needed amending, and
WHEREAS, a subcommittee of the current Human Resources Committee has been
working diligently to create language for a local law establishing the position of city
administrator, and
WHEREAS, there are still a number of outstanding issues and concerns that
still need further Common Council discussion and agreement, including:
* which department heads the city administrator shall appoint
* who shall appoint the city attorney
* a clear understanding of what the mayor's job responsibilities are
if there is a city administrator
* concurrent review of portions of the city charter for related
inconsistencies
* a comprehensive analysis of government and organizational
structure, and
WHEREAS, it seems there is divided opinion in the community about the need
for such a position, especially in these tight fiscal times, and
WHEREAS, it is desirable to have "a full airing of the issues," as stated in the report,
which should include more community discussion so that the voters, who have the
August 6, 2003
15
ultimate say on the position, can be well-versed in the concepts behind the creation of
the city administrator position, and
WHEREAS, there is not sufficient time for Common Council to resolve the number of
issues and concerns that need exploration and discussion given the deadlines for this
matter to be placed on the ballot for a referendum vote in November 2003, and
WHEREAS, there is no funding available for this position in the 2004
Budget; now therefore be it
RESOLVED, That the vote on the city administrator local law be postponed
until after further Common Council deliberations in 2004.
Ayes (6) Peterson, Cogan, Blumenthal, Whitmore, Sams, Manos
Nays (3) Hershey, Vaughan, Pryor
Carried
(Alderperson Mack was absent from the
vote)
Alderperson Peterson reported that a Local Law amending the City of Ithaca Charter to
transfer from the Mayor to certain department heads the power to appoint their
respective deputies, and to replace the Mayor with the Police Chief as head of the
Police Department will be laid on the table for consideration at the September Common
Council meeting. The Human Resources Committee will be discussing this Local Law
at their meeting on August 25, 2003.
12. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE:
12.1 New York State Certified Local Government Program For A Grant To
Conduct An Historic And Architectural Resources Survey Of The Southside
Neighborhood - Resolution
By Alderperson Manos: Seconded by Alderperson Blumenthal
WHEREAS, the City of Ithaca has been designated a Certified Local Government (CLG)
by the New York State Office of Parks, Recreation and Historic Preservation (OPRHP),
and
WHEREAS, ten percent of all federal funding allocated to state government for historic
preservation programs is made available only to CLGs, and
WHEREAS, there has been interest expressed by members of the Common Council
and Southside’s CANDO neighborhood association in conducting an historic and
architectural resources survey of the Southside neighborhood, and
WHEREAS, the Ithaca Landmarks Preservation Commission is interested building upon
research conducted by Cornell-City Partnership on the development history of their
neighborhood and upon information they have acquired about the historic designation
and/or listing of historically significant, low-income neighborhoods such as the
Southside, and
WHEREAS, the grant application is for funding to engage a qualified consultant to
undertake the following project components: additional research, documentation and
compilation of material in a format suitable for possible consideration of National
Register listing and local designation by the Ithaca Landmarks Preservation
Commission; to conduct public education and outreach concerning implications of such
listing and/or designation; to undertake a study of historic preservation guidelines
appropriate for a “Southside” historic district, and
WHEREAS, survey documentation and public education and outreach are eligible and
competitive projects under the CLG's 2003 funding priorities, and
WHEREAS, the City has estimated a $11,077.00 budget for the survey report, the
public education component, and a study of historic preservation guidelines specific to
the Southside District, and
August 6, 2003
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WHEREAS, the City’s match will consist of 56 hours of the city’s Historic Preservation
Planner’s staff time valued at $1,430, now, therefore, be it
RESOLVED, That the Director of Planning and Development be authorized to sign the
funding application and commit the in-kind match for the proposed Southside Historic
Survey report, and accompanying materials.
Carried Unanimously
12.2 Authorizing a Grant Submission to the Environmental Protection Fund for a
Feasibility Study for the Third Phase of the Cayuga Waterfront Trail
By Alderperson Manos: Seconded by Alderperson Blumenthal
WHEREAS, the New York State Department of State has announced the availability of
grant applications under the Environmental Protection Fund’s Local Waterfront
Revitalization Program, and
WHEREAS, Common Council is desirous of submitting an application to assist in the
study of the third phase of the Cayuga Waterfront Trail, including the feasibility of using
wastewater effluent to irrigate the golf course and the possibility of creating a dredge
spoil site off the west end of Stewart Park, now, therefore, be it
RESOLVED, That H. Matthys Van Cort, as Director of Planning & Development for the
City of Ithaca, is hereby authorized and directed to file an application for funds from the
New York State Department of State in accordance with the provisions of Title 11 of the
Environmental Protection Act of 1993 in an amount not to exceed $50,000, and upon
approval of said request to enter into and execute a project agreement with the State for
such financial assistance to the City of Ithaca for a feasibility study for the third phase of
the Cayuga Waterfront Trail, and be it further
RESOLVED, That the 50% local share of this grant application will not be derived from
City of Ithaca financing, but shall be raised by the Cayuga Waterfront Trail Initiative.
Carried Unanimously
12.3 Inlet Island Parking License Agreement with IURA - Resolution
By Alderperson Manos: Seconded by Alderperson Hershey
WHEREAS, as a result of the Inlet Island land exchange with Joseph O. Ciaschi
(approved by Common Council on 12/10/02) the Ithaca Urban Renewal Agency (IURA)
will acquire 410-426 Taughannock Blvd., the former “Gallagher & Shean” site, in
exchange for former City-owned land located north of the Station Restaurant, and
WHEREAS, the former City-owned property located north of the Station Restaurant was
utilized for informal public surface parking, but is the site for proposed private
development, thereby reducing the amount of surface parking available on Inlet Island,
and
WHEREAS, the Department of Public Works has, from time to time, used its personnel
and equipment to provide incidental maintenance for this informal public parking, and
WHEREAS, the conveyance of former City-owned land located north of Station
Restaurant to Joseph O.Ciaschi will reduce these property management responsibilities
of the Department of Public Works, and
WHEREAS, 410-426 Taughannock Blvd. could be utilized to provide similar informal
surface parking to the public on an interim basis until a redevelopment project for the
site is approved by the Common Council and IURA, and
WHEREAS, the IURA does not possess the capacity to manage and maintain an
informal surface parking area nor to provide insurance for such public activity, and
WHEREAS, there is a shortage of parking spaces available to the public to meet the
current parking demand from Inlet Island businesses, now, therefore be it
August 6, 2003
17
RESOLVED, That the Common Council hereby authorizes the Mayor, upon advice from
the Board of Public Works and review by the City Attorney, to execute a license
agreement with the IURA for 410-426 Taughannock Blvd. for the purpose of providing
interim surface parking, and be it further
RESOLVED, That due to the abandonment of informal parking south of the Route 89
bridge, the provision of this substitute parking north of the Route 89 bridge will be
budget neutral, and be it further
RESOLVED, That the license agreement shall provide for termination of the license
agreement upon proper notice by either party.
Carried Unanimously
12.4 Selection of a Preferred Developer for the Cayuga Green Project – Phase II -
Resolution
By Alderperson Manos: Seconded by Alderperson Vaughan
WHEREAS, the City of Ithaca has by previous resolutions expressed its commitment to
the Cayuga Green Project as a cornerstone in the continuing revitalization of the Central
Business District, and
WHEREAS, the City issued a request for proposals to development companies for
proposals for the redevelopment of City-owned land south and east of the County
Library and under the Green Street Garage, and
WHEREAS, four proposals were received and reviewed by City officials, the City’s
consultant from the National Development Council (NDC) and a representative of the
Ithaca Downtown Partnership, and a recommendation has been made to the Common
Council, and
WHEREAS, Bloomfield Interests have submitted a proposal that best meets the goals
set forth by the City of Ithaca and the Ithaca Downtown Partnership for the revitalization
and strengthening of the City’s Central Business District, and
WHEREAS, by Common Council resolution, December 11, 2002 negotiations
commenced with the DiMarco Group, which negotiations have not culminated in a
satisfactory agreement; now therefore be it
RESOLVED, That this resolution rescinds and supercedes Common Council’ s
resolution concerning the DiMarco Group, dated December 11, 2002, and be it further
RESOLVED, That the Common Council does hereby direct the Mayor, the Chair of the
Cayuga Green Client Committee, and the Director of Planning and Development, with
the advice of the City Attorney, to negotiate a Preferred Developer agreement
substantially in conformance with the attached Project Term Sheet dated 07/24/03,
exclusively with Bloomfield Interests for development of the housing and commercial
components of the Cayuga Green Development project – Phase II, and further directs
that the negotiated Preferred Developer Agreement will return to Common Council for
approval, and be it further,
RESOLVED, That the Common Council requests that the Ithaca Urban Renewal
Agency (IURA) collaborate with the Common Council to provide any necessary and
appropriate assistance for implementation of this development proposal, with IURA
expenses to be recovered from project proceeds or other funding as such become
available.
Discussion followed on the floor with Alderperson Blumenthal voicing her concern that
items on the project term sheet could commit the City to certain things that would result
in millions of dollars of expenditures.
Alderperson Whitmore stated that the term sheet is not a contract, and could be
rescinded prior to having a contract.
August 6, 2003
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Amending Resolution:
By Alderperson Blumenthal: Seconded by Alderperson Manos
RESOLVED, That the seconded Resolved clause be amended to read as follows:
“RESOLVED, That the Common Council does hereby direct the Mayor, the Chair of the
Cayuga Green Client Committee, and the Director of Planning and Development, with
the advice of the City Attorney, to negotiate a Preferred Developer agreement
exclusively with Bloomfield Interests for development of the housing and commercial
components of the Cayuga Green Development project – Phase II, and further directs
that the negotiated Preferred Developer Agreement will return to Common Council for
approval, and be it further”
Carried Unanimously
Main Motion as Amended:
A vote on the Main Motion as Amended resulted as follows:
Carried Unanimously
Alderperson Manos reported that an update on the Cayuga Garage project would be
held on August 20, 2003 at 7:30 p.m. at the Planning and Economic Development
Committee meeting.
NEW BUSINESS:
Motion to Enter into Executive Session
By Alderperson Cogan: Seconded by Alderperson Mack
RESOLVED, That Common Council adjourn into Executive Session to discuss the
employment history of an individual employee and contract negotiations.
Carried Unanimously
Reconvene:
Common Council reconvened into Regular Session with no formal action taken.
Appointment of Youth Bureau Director
By Acting Mayor Pryor: Seconded by Alderperson Whitmore
WHEREAS, the Youth Bureau Director position has been vacant for two and a half
years, and
WHEREAS, an extensive search process has concluded; now, therefore, be it
RESOLVED, That Allen Green be appointed to the position of Youth Bureau Director,
effective August 6, 2003 at an annual salary of $58,000. .
Carried Unanimously
APPROVAL OF MINUTES:
Approval of July 9, 2003 Regular Common Council Meeting Minutes
Approval of July 17, 2003 Special Common Council Meeting Minutes
Approval of the minutes was deferred to the September 3, 2003 Common Council
meeting.
ADJOURNMENT:
On a motion the meeting adjourned at 12:20 A.M.
________________________ _______________________
Julie Conley Holcomb, CMC Patricia Pryor,
City Clerk Acting Mayor