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HomeMy WebLinkAboutMN-CC-2003-11-05 COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 7:00 pm November 5, 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 Deputy City Controller – Andrew Planning and Development Director – Van Cort Deputy Planning and Development Director – Cornish Economic Development Director – McDonald Community Development Director - Bohn Superintendent of Public Works – Gray Human Resources Director – Michell-Nunn Fire Chief – Wilbur GIAC Director – Fort Assistant Superintendent for Water & Sewer – Fabbroni Youth Bureau Director - Green Common Council Elect: Zumoff, Coles, Mackesey and Tomlan PLEDGE OF ALLEGIANCE: Mayor Cohen led all present in the Pledge of Allegiance to the American Flag. ADDITIONS TO OR DELETIONS FROM THE AGENDA: Human Resources Committee: Alderperson Peterson requested that Item 7.1 be removed from the consent agenda and that a substitute Resolution be added as Item 9.2 – Finance/Controller – Amendment to Personnel Roster – Resolution. No Council member objected. Planning and Economic Development Committee: Alderperson Manos requested the deletion of Item 10.2 Northside Neighborhood Plan as this item requires two public hearings, which will be held at the November Planning and Economic Development Committee meeting, and the December 3, 2003 Common Council meeting. No Council member objected. COMMUNICATIONS / PROCLAMATIONS: Mayor Cohen presented Earl Joe ”Coach” Morrisette with a Distinguished Citizen Award for his daily efforts to keep the new Waterfront Trail clean from debris. Mayor Cohen extended his congratulations to Mayor-Elect Peterson and the Alderpersons-elect. November 5, 2003 2 SPECIAL ORDER OF BUSINESS: A Public Hearing to Consider the 2004 Mayor’s Proposed Budget Resolution: By Alderperson Pryor: Seconded by Alderperson Whitmore RESOLVED, That the Public Hearing to consider the 2004 Mayor’s Proposed Budget be declared open. Carried Unanimously The following people addressed Common Council: Joel Harlan, Town of Newfield Fay Gougakis, City of Ithaca Resolution: By Alderperson Whitmore: Seconded by Alderperson Hershey RESOLVED, That the Public Hearing to consider the 2004 Mayor’s Proposed Budget be declared closed. Carried Unanimously Presentation of Quarterly Employee Recognition Awards: Alderperson Peterson presented Quarterly Employee Recognition Awards to: The City Clerk’s Office: Julie Conley Holcomb and Sarah Myers for their work in the clerk’s office in helping to make the first contact the public often has with City Hall, friendly and professional. The Water and Sewer Department Green Street Construction Crew: George Seeley, Peter Seely, Donald Corwin, Roger Ashley, Arthur Emery, William Haskill, James Lawfler, Nicholas Thomas, David Savosky and Raymond King for their efficient and speedy work on this project. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: The following people addressed Common Council: Fay Gougakis, City of Ithaca – Showing of the October 21, 2003 Special Common Council meeting on Government Channel 15 Frank Robinson, Town of Lansing – Public Art Plan Joel Harlan, Town of Newfield – Cornell University Pamela Mackesey, City of Ithaca – proposed CEQR Ordinance revision Mary Raddant Tomlan, City of Ithaca – Inappropriate budget meeting discussions Joel Zumoff, City of Ithaca – Residential Tax Abatement Program Neil Oolie, City of Ithaca – proposed CEQR Ordinance revision Betsy Darlington, City of Ithaca – proposed CEQR Ordinance revision Kate Lunde, City of Ithaca – proposed CEQR Ordinance revisions Michael Culotta, City of Ithaca – Role of CAC in CEQR reviews RESPONSE TO PUBLIC: Alderperson Blumenthal thanked the people who spoke regarding the proposed revisions to the CEQR Ordinance. Alderperson Hershey expressed his appreciation for the quality of work that the CAC conducts in their environmental reviews. CONSENT AGENDA: 7.1 Controller’s Office - Amendment to Personnel Roster This item was removed from the consent agenda and a substitute resolution was introduced as Item 9.2 – Controller’s Office – Amendment to Personnel Roster. November 5, 2003 3 7.2 Youth Bureau – Request to Exempt from Residency Requirement By Alderperson Whitmore: Seconded by Alderperson Manos WHEREAS, on August 25, 2003, Liz Vance was promoted to Deputy Director of Youth Bureau, and WHEREAS, on December 4, 2002, Common Council enacted a Residency Requirement that all Department Heads and Deputies hired on or after January 1, 1992, live in the City within one year of hiring or promotion, and WHEREAS, Liz Vance currently has 10 cumulative but not consecutive years of service with the City, and WHEREAS, as a result of Ms. Vance separating from City employment, her hire date was established at her most recent reinstatement date of July 1, 1999, and WHEREAS, Common Council has determined that since Ms. Vance’s original date of hire was on March 7, 1983, she, therefore, qualifies under the Residency Requirement; now, therefore, be it RESOLVED, That Liz Vance is deemed to have enough service to qualify her for the position under the Residency Requirement. Carried Unanimously 7.3 DPW/IAWWTP – Request to Approve Standardization on Gas Cleaning System By Alderperson Whitmore: Seconded by Alderperson Manos WHEREAS, the IAWWTP wishes to purchase a Sanitaire Hydrochloric Acid (HCL) gas cleaning system to be used as a preventative maintenance measure for the plant’s activated sludge treatment process, and WHEREAS, traditional cleaning methods are both manually intensive and dangerous to personnel who must handle and maintain hazardous solutions of liquid acid, and WHEREAS, the traditional cleaning method is costly from an operation and maintenance perspective, and WHEREAS, the Sanitaire system is a safe, cost-efficient system, and WHEREAS, staff has determined that the Sanitaire system is the preferred cleaning process for the IAWWTF, and WHEREAS, Koester Associates, Inc. is the sole source supplier and installer of this equipment, and WHEREAS, it is deemed in the best interest of the City for reasons of efficiency and economy to approve such standardization as more fully spelled out in the following items: (a) The Sanitaire gas cleaning system is a safe, cost-efficient in-situ process; (b) The process eliminates direct handling of hazardous chemicals, the lengthy removal and inspection process required under liquid cleaning, and the need to de-water the system; (c) Regular use of the system promotes optimum oxygen transfer efficiency and minimizes energy consumption; (d) The sole provider and installer of this equipment is Koester Associates, Inc.; (e) Koester Associates, Inc.’s proposal for services includes a complete system upgrade, initial cleaning, and training of plant personnel at a total cost of $86,400; now, therefore, be it RESOLVED, That pursuant to Section 103, Subdivision 5 of the General Municipal Law of the State of New York, this Common Council hereby authorizes the standardization of the November 5, 2003 4 Sanitaire In-place Gas Cleaning System as the type of gas cleaning system to be used at the IAWWTP facility. Carried Unanimously 7.4 Finance/Controller – A Resolution Providing for Execution of an Agreement for Natural Gas Supply Pursuant to Public Bid conducted by the Municipal Electric and Gas Alliance as the Consultant of the City of Ithaca By Alderperson Whitmore: Seconded by Alderperson Manos The Common Council of the City of Ithaca hereby resolves as follows: That the office of the Mayor is hereby authorized and directed to execute and deliver to the NYSEG Solutions Inc. an Agreement for natural gas supply service, a copy of which is attached hereto and made a part hereof, and be it further RESOLVED, That the conditions, price, duration and term, purpose and objective, manner and extent of payments, organizational structure and manner in which personal property shall be acquired, managed and disposed of, are set forth in the attached Agreement, and be it further RESOLVED, That the City of Ithaca may participate in the cooperative agreements to procure services and products described in such Agreement, and that the Mayor is hereby authorized and directed to execute such agreements whenever necessary and appropriate. Carried Unanimously 7.5 Finance/Controller – Request to Approve Settlement and Release Agreement with New York State Electric & Gas Corporation By Alderperson Whitmore: Seconded by Alderperson Manos WHEREAS, the New York State Public Service Commission instituted formal proceedings to consider the past billings and other issues, claims or disputes in connection with the rendition of street lighting services by New York State Electric & Gas Corporation (“NYSEG”), and WHEREAS, the City of Ithaca intervened in such proceedings, and WHEREAS, the City of Ithaca engaged Computel Consultants (“Computel”) to represent the City of Ithaca in such proceedings and negotiate on its behalf in regard to all issues, claims or disputes pertaining to street lighting services rendered by NYSEG to the City of Ithaca, including, but not limited to, its past NYSEG street lighting bills, and WHEREAS, negotiations between NYSEG and Computel have resulted in a settlement and release agreement between NYSEG and the City of Ithaca, and WHEREAS, Computel has recommended the acceptance of such settlement and release agreement; now, therefore, be it RESOLVED, That the Mayor is authorized and directed to execute a settlement and release agreement with and to deliver the same to NYSEG. The settlement and release agreement is an accord and satisfaction for all issues, claims or disputes pertaining to street lighting services rendered by NYSEG to the City of Ithaca for the period set forth in the settlement and release agreement. Carried Unanimously HUMAN RESOURCES COMMITTEE: 9.1 GIAC – Change in Grade Assignment of the Deputy Director Position – Resolution By Alderperson Peterson: Seconded by Alderperson Blumenthal WHEREAS, a City of Ithaca Management Compensation plan was established in 2000, and WHEREAS, the internal equity points for the GIAC Deputy Director and the Youth Bureau Deputy Director resulted in assignments of Salary Grade 3 November 5, 2003 5 (current minimum salary $42, 585) and salary grade 4 (current minimum salary $53,088) respectively, and WHEREAS, in response to a request from GIAC Director Marcia Fort for a compensation review, Human Resources Director Schelley Michel-Nunn and Deputy Director Valerie Saul each independently reviewed the grade assignments in accordance with previously established criteria and determined that the GIAC Deputy Director position should be assigned to Salary Grade 4; now, therefore, be it RESOLVED, That the GIAC Deputy Director position is hereby assigned to Salary Grade 4, with a current minimum salary of $53,088. Ayes (9) Manos, Pryor, Sams, Whitmore, Vaughan, Blumenthal, Mack, Peterson, Cogan Nays (0) Abstentions (1) Hershey Carried 9.2 Controller’s Office - Amendment to Personnel Roster By Alderperson Peterson: Seconded by Alderperson Hershey WHEREAS, the Payroll Coordinator retired in December 2000, and WHEREAS, the position of Payroll Coordinator was downgraded to Principal Account Clerk to allow for the training and development of another employee into the role, and WHEREAS, the training process has been completed and the incumbent has assumed the full responsibilities of the Payroll Coordinator position, and WHEREAS, the Civil Service Commission approved the reclassification of the position of Principal Account Clerk to Payroll Coordinator on September 4, 2003, to reflect the permanent and material change in the duties of the position; now, therefore, be it RESOLVED, That the personnel roster of the City Controller's Office be amended as follows: Add: One (1) Payroll Coordinator (Confidential Compensation Plan, Grade 3) Delete: One (1) Principal Account Clerk (CSEA Administrative Unit, Grade 9) and, be it further RESOLVED, That the reclassification includes an eight percent salary increase to a new 2003 annual salary of $24,302 retroactive to April 10, 2003, and, be it further RESOLVED, That the payroll adjustment needed of $1,310.32 shall be derived by the transfer of funds from account A1990 Unrestricted Contingency to account A1315-5110 Staff Salaries. Carried Unanimously 10.1 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE: Community Development Block Grant (CDBG) – Development of a Consolidated Plan – Resolution By Alderperson Manos: Seconded by Alderperson Pryor WHEREAS, on June 6, 2003 the Office of Management & Budget (OMB) issued OMB Bulletin No. 03-04 that revised the definition of a Metropolitan Statistical Area (MSA) and recognized 49 new MSAs, and WHEREAS, under the revised definition, a MSA must have at least one urbanized area of 50,000 or more population, plus adjacent territory that has a November 5, 2003 6 high degree of social and economic integration with the core as measured by community ties, and WHEREAS, the 2000 Census reports that the City of Ithaca is the principal city of 28,775 persons within a larger “Ithaca, NY Urbanized Area” containing 53,538 persons, and WHEREAS, the OMB and the US Census now recognize the City of Ithaca as the principal city of a new MSA, and WHEREAS, the central city of a MSA is eligible to receive noncompetitive formula-based grants through the Community Development Block Grant (CDBG) Entitlement program administered by the U.S. Department of Housing & Urban Development (HUD) upon submission of an acceptable Consolidated Plan, and WHEREAS, the Ithaca Urban Renewal Agency (IURA) anticipates the City of Ithaca will be recognized by HUD as a CDBG entitlement community beginning in FY 2004, and WHEREAS, the City of Ithaca must develop and submit a 5-year Consolidated Plan to be eligible to receive funds through the CDBG Entitlement program, and WHEREAS, the Consolidated Plan is a 5-year plan that describes community needs, resources, priorities and proposed activities to be undertaken with HUD funds and must include the following five main components:  A description of the Lead Agency or entity responsible for overseeing the development of the Consolidated Plan and a description of the process undertaken to develop the plan;  A housing and homeless needs assessment;  A housing market analysis;  A 5-year strategic plan; and  A one-year Action Plan, and WHEREAS, the IURA is currently managing and administering the Small Cities CDBG program on behalf of the City of Ithaca, including the development of proposed grant applications, and has developed the skills, knowledge, and capacity to manage and administer the Consolidated Plan process in compliance with HUD regulations, and WHEREAS, the Common Council is scheduled to consider a proposed resolution to designate the IURA as the Lead Agency to develop and administer the Consolidated Plan at their November 5, 2003 meeting; now, therefore, be it RESOLVED, That the Common Council hereby designates the IURA as the Lead Agency for the development and administration of the Consolidated Plan, and be it further RESOLVED, That the IURA is requested to develop a recommended Consolidated Plan and Action Plan for consideration by the Common Council for approval and submission to HUD. Alderperson Whitmore volunteered to attend these meetings as a Liaison and report back to Council on a regular basis. Mayor Cohen noted that these are public discussions and any member of Council who has an interest should attend and participate in the meetings. Alderperson Peterson requested that questions raised by a letter from Mr. Edwards be addressed prior to voting on the resolution. November 5, 2003 7 City Attorney Schwab responded that she only received a copy of this letter at 6:00 p.m. this evening, and was not prepared to address the questions raised at this point. A vote on the Resolution resulted as follows: Ayes (8) Hershey, Vaughan, Sams, Pryor, Manos, Mack, Whitmore, Blumenthal Nays (2) Peterson, Cogan Carried Alderperson Cogan requested that this Item be reconsidered and tabled so that more information could be gathered and discussed. He asked what the time frame was needed for the consideration of this Resolution. Community Development Director Bohn responded that this is not a pressing issue at this time. Motion to Reconsider the Vote By Alderperson Hershey: Seconded by Alderperson Blumenthal RESOLVED, That the vote on the about resolution be reconsidered. Ayes (8) Manos, Whitmore, Vaughan, Hershey, Blumenthal, Mack, Peterson, Cogan Nays (1) Pryor Recusal (1) Sams Carried Motion to Table: By Alderperson Cogan: Seconded by Alderperson Blumenthal RESOLVED, That this item be tabled pending an Advice of Counsel Session. Ayes (7) Blumenthal, Cogan, Whitmore, Hershey, Vaughan, Manos, Peterson, Nays (2) Hershey, Pryor Recusal (1) Sams Carried 10.2 Northside Neighborhood Plan A. Declaration of Lead Agency Status for Environmental Review B. Determination of Environmental Significance C. Adoption as an Amendment to the City of Ithaca ’s Comprehensive Plan These items were withdrawn from the agenda. 10.3 Gun Hill Area - An Amendment to the Comprehensive Plan A. Declaration of Lead Agency By Alderperson Manos: Seconded by Alderperson Hershey WHEREAS, State Law and Section 176.6 of the City Code require that a lead agency be established for conducting environmental review of projects in accordance with local and state environmental law, and WHEREAS, State Law specifies that for actions governed by local environmental review, the lead agency shall be that local agency which has primary responsibility for approving and funding or carrying out the action, and WHEREAS, the proposed amendment to the Comprehensive Plan is a "Type I" Action pursuant to CEQR which requires review under the City's Environmental Quality Review Ordinance; now, therefore, be it RESOLVED, That Common Council of the City of Ithaca does hereby declare itself lead agency for the environmental review of the proposed amendment to the comprehensive plan to add language regarding the Gun Hill Area. Carried Unanimously November 5, 2003 8 B. Determination of Environmental Significance By Alderperson Manos: Seconded by Alderperson Hershey WHEREAS, the City of Ithaca is considering a proposal to amend its Comprehensive Plan in order to add the four page report entitled “The Gun Hill Area: An Amendment to The City of Ithaca Comprehensive Plan, and WHEREAS, appropriate environmental review has been conducted including the preparation of a Full Environmental Assessment Forms (FEAF), and WHEREAS, this amendment has been reviewed by the Tompkins County Planning Department Pursuant to §239-l–m of the New York State General Municipal Law, which requires all actions within 500 feet of a county or state facility, including county and state highways, be reviewed by the County Planning Department, and has also been reviewed by the City of Ithaca Conservation Advisory Council, and the City of Ithaca Planning and Development Board, and WHEREAS, the proposed action is a Type I Action under the City Environmental Quality Review Act (CEQR Sec.176-12B), and WHEREAS, the Common Council of the City of Ithaca, acting as Lead Agency, reviewed the FEAF prepared by planning staff and has determined that the adoption of the proposed zoning change will not have a significant effect on the environment; now, therefore, be it RESOLVED, That this Common Council, as lead agency in this matter, hereby adopts as its own, the finding and conclusions more fully set forth on the Full Environmental Assessment Form, and be it further RESOLVED, That this Common Council, as lead agency in this matter, hereby determines that the proposed action at issue will not have a significant effect on the environment, and that further environmental review is unnecessary, and be it further RESOLVED, That this resolution constitutes notice of this negative declaration and that the City Clerk is hereby directed to file a copy of the same, together with any attachments, in the City Clerk’s Office, and forward the same to any other parties as required by law. Carried Unanimously C. Adoption of the Report entitled "The Gun Hill Area: An Amendment to the City of Ithaca Comprehensive Plan By Alderperson Manos: Seconded by Alderperson Pryor WHEREAS, the City of Ithaca Common Council recognizes the Gun Hill Area as consisting of the former Ithaca Gun Factory, a parking lot, just below the old factory, and an open, grassy slope which extends below the parking lot down to the bottom of the hill, and WHEREAS, the former Ithaca Gun Factory has stood vacant for over 10 years, and WHEREAS, despite its beautiful location and historic buildings, the site has become a target for graffiti and vandalism, and WHEREAS, the City of Ithaca Common Council recognizes that it is in the City’s best interest to redevelop this site to a use that would support the surrounding residential uses and would not negatively affect the nearby gorge, and WHEREAS, members of the Common Council recognize that this report is conceptual in nature and that as specific projects for this site are proposed, they will be subject to environmental review in accordance with SEQR and CEQR and site plan review in accordance with the City of Ithaca Site Development Plan Review Ordinance, and November 5, 2003 9 WHEREAS, the draft report was reviewed by the County Planning Department, and has also been reviewed by the City of Ithaca Conservation Advisory Council, and the City of Ithaca Planning and Development Board, and WHEREAS, the required public hearings have been held for the adoption of the Plan on September 17, 2003 and on October 1, 2003, and WHEREAS, the City of Ithaca Common Council, as lead agency in this matter, has on November 5, 2003, determined that the proposed action will not have a significant effect on the environment, and that further environmental review is unnecessary, and, now therefore, be it RESOLVED, That the City of Ithaca Common Council hereby amends the City of Ithaca Comprehensive Plan to include: “The Gun Hill Area: An Amendment to the City of Ithaca Comprehensive Plan dated October 2003. Carried Unanimously 10.4 An Ordinance to Amend Chapter 176 of the City of Ithaca Municipal Code entitled “City Environmental Quality Review” A. Declaration of Lead Agency By Alderperson Manos: Seconded by Alderperson WHEREAS, State Law and Section 176.6 of the City Code require that a lead agency be established for conducting environmental review of projects in accordance with local and state environmental law, and WHEREAS, State Law specifies that for actions governed by local environmental review, the lead agency shall be that local agency which has primary responsibility for approving and funding or carrying out the action, and WHEREAS, the proposed adoption of the revisions to the City’s Environmental Quality Review Ordinance is an “Unlisted” Action pursuant to CEQR which requires review under the City's Environmental Quality Review Ordinance; now, therefore, be it RESOLVED, That Common Council of the City of Ithaca does hereby declare itself lead agency for the environmental review of the proposed adoption of the revisions to the City of Ithaca Environmental Quality Review Ordinance (CEQR) Extensive discussion followed on the floor regarding the role of the Conservation Advisory Council (CAC) in the CEQR process. Deputy Planning and Development Director Cornish stated that an error was made omitting the CAC language from the ordinance. Further discussion followed regarding the procedure for amending an ordinance and the procedures regarding the performance of CEQR’s. Under the proposed Ordinance, the CAC will only get the items that have gone through the short environmental assessment form (SEAF) where there is found to be an environmental impact, and then they progress to the long environmental assessment form (LEAF). Further discussion followed on the floor regarding how the different thresholds are determined to qualify items for various levels of review. Director of Planning and Development Van Cort explained that the difference between an unlisted action and a type one action. Deputy Director of Planning and Development Cornish further explained the difference between site plan review and environmental review. November 5, 2003 10 Motion to Table By Alderperson Cogan: Seconded by Alderperson Blumenthal RESOLVED, That this Resolution, along with the Declaration of Environmental Significance, and the Ordinance be sent back to committee with and that the CAC set up a meeting with staff, during regular business hours, before the next Planning Board meeting to discuss their concerns, and be it further RESOLVED, That this Item be brought back to Common Council for consideration at the December Common Council meeting. Carried Unanimously B. Determination of Environmental Significance This item was tabled until the December 2003 Common Council Meeting C. Approval for the Adoption of the Revisions to the City of Ithaca Environmental Quality Review Ordinance (CEQRO) This item was tabled until the December 2003 Common Council meeting 10.5 Adoption of a Public Art Plan - Resolution By Alderperson Manos: Seconded by Alderperson Blumenthal WHEREAS, one of the duties of the Public Art Commission in the ordinance adopted November 2002 was "To create a public art plan for Common Council to adopt and to advise the Common Council about mechanisms for implementation of a public art program to enrich the visual and aesthetic environment of public, private and semipublic spaces within the City of Ithaca," and WHEREAS, Common Council authorized the hiring of a consultant to assist the Commission with the preparation of a plan, and WHEREAS, a Public Art Plan, which provides a broad blueprint for the future implementation of a public art program in the city, has been completed, and WHEREAS, the Plan presents strategies and procedures for the city to implement a public art program, and WHEREAS, Common Council recognizes the importance of public art in enhancing the quality of life in the city and in maintaining a dynamic cultural climate, and the role that public art plays in the economic vitality of the city and broader community; now, therefore, be it RESOLVED, That Common Council adopts the public art plan prepared by the Public Art Commission, and be it further RESOLVED, that Common Council shall consider the approval of funding programs in the future and takes no position on the prioritizing of funding options in the plan. Alderpersons Peterson, Manos, and Vaughan commended Alderperson Blumenthal for all of the hard work she put into this plan. Mayor Cohen and Alderperson Blumenthal thanked Consultant Martha Frommelt, for an exemplary job on the plan. A vote on the Resolution resulted as follows: Carried Unanimously RECESS: Common Council recessed the meeting at 9:00 p.m. REGULAR SESSION: Common Council reconvened into regular session at 9:15 p.m. November 5, 2003 11 EXECUTIVE SESSION By Alderperson Vaughan: Seconded by Alderperson Pryor RESOLVED, That Common Council adjourn into Executive Session to discuss the employment history of an individual. Carried Unanimously Reconvene: Common Council reconvened into regular session with no formal action taken. BUDGET & ADMINISTRATION COMMITTEE: 11.1 Adoption of the 2004 Budget By Alderperson Vaughan: Seconded by Alderperson Whitmore WHEREAS, this Common Council is now considering adoption of the Amended Executive Budget for 2004 as approved by the Budget and Administration Committee, and WHEREAS, it is the consensus of this Common Council that the total appropriations and estimated revenues, as set forth in said Amended Executive Budget for 2004 and as those amounts may be altered by action of this Common Council at its November 5, 2003 meeting, are adequate for the operation of the City during 2004; now, therefore be it RESOLVED, That this Common Council accepts and approves said Amended Executive Budget for 2004, together with any additional changes made in said budget at Council's November 5, 2003 meeting as the City of Ithaca Budget for 2004, in the total amount of $47,142,063, and be it further RESOLVED, That the following sections of the 2004 Budget be approved: A) General Fund Appropriations B) Water Fund Appropriations C) Sewer Fund Appropriations D) Joint Activity Fund Appropriations E) Solid Waste Fund Appropriations F) General Fund Revenues G) Water Fund Revenues H) Sewer Fund Revenues I) Joint Activity Fund Revenues J) Solid Waste Fund Revenues K) Debt Retirement Schedule L) Capital Projects M) Schedule of Salaries and Positions - General Fund N) Schedule of Salaries and Positions - Water & Sewer Fund O) Schedule of Salaries and Positions - Joint Activity Fund P) Schedule of Salaries and Positions - Solid Waste Fund Q) Authorized Equipment - General Fund R) Authorized Equipment - Water Fund S) Authorized Equipment - Sewer Fund T) Authorized Equipment - Joint Activity Fund U) Authorized Equipment - Solid Waste Fund Mayor Cohen informed Council that an error had been made in the budget in the Cass Park accounts. He stated that a Working Supervisor position was listed, and the position is actually a Maintenance Supervisor position. He further stated that the budget should be amended to add $14,501 to correct this error. Amending Resolution: By Alderperson Vaughan: Seconded by Alderperson Whitmore RESOLVED, That the budget be amended by making the following adjustments to the Cass Park accounts: Remove: 6 month - Working Supervisor position Add: 6 month – Maintenance Supervisor position November 5, 2003 12 and, be it further RESOLVED, That $14,501 be added to the appropriate account to cover this adjustment. Carried Unanimously Discussion followed on the floor with Community Development Director Bohn answering questions regarding the use of HUD monies for various public services. Alderperson Blumenthal expressed concerns regarding the 2004 budget process as it pertained to the Planning & Development Director position and the Economic Development Director position. Mayor Cohen confirmed that funding for the Economic Development Director position is currently in the Mayor’s Office budget, but further action is required from Common Council to change personnel rosters. He further stated that if Common Council does not approve the changes in personnel rosters, Common Council could move the funds from the Mayor’s Office accounts to the Planning and Development Department accounts. Further discussion followed on the floor regarding the Mayor’s funding proposal for the wind energy initiative. Mr. Ronald Kamen, Director of New York State Operations at Community Energy answered questions from Common Council members. Common Council members did not express interest in restoring this funding to the budget. Mayor Cohen indicated that he felt strongly enough about this initiative that he would consider issuing a line item veto. Alderperson Mack questioned the placement of funds to cover living wage issues. Mayor Cohen confirmed that the funds were placed in a reserve account for Common Council to allocate once decisions have been made by committee. A vote on the Resolution resulted as follows: Carried Unanimously 11.2 Adoption of 2004 Tax Rate This item was withdrawn from the agenda for consideration later in the month. 11.3 Mayor – Request Authorization of Memorandum of Understanding Between the City and Tompkins County on Dispatch Services By Alderperson Vaughan: Seconded by Alderperson Manos WHEREAS, the City of Ithaca and Tompkins County are seeking a consolidation of the separate dispatch units into a single unit to promote greater efficiency and improve the dispatch services to the residents of the City and County, and WHEREAS, the City and County staff have developed the attached agreement starting in July 2004 and continuing thereafter to consolidate the dispatch operations; now, therefore, be it RESOLVED, That Common Council hereby authorizes the Mayor to sign the attached Memorandum of Understanding regarding the consolidation of City and County dispatch services effective July 1, 2004. Discussion followed on the floor regarding the proposed Memorandum of Understanding. Fire Chief Wilbur expressed concern that the Memorandum does not detail what services the City will receive. City Attorney Schwab stated that she was never given the Memorandum of Understanding to review. Move to Table: By Alderperson Whitmore: Seconded by Alderperson Cogan RESOLVED, That this resolution be tabled pending review by the City Attorney. Carried Unanimously November 5, 2003 13 11.4 An Ordinance to Provide for an Access Oversight Committee to Oversee Pegasys By Alderperson Vaughan: Seconded by Alderperson Cogan WHEREAS, the City of Ithaca and Time Warner Entertainment-Advance/Newhouse Partnership (“Time Warner”) entered into a franchise renewal agreement dated January 30, 2003, and WHEREAS, said franchise renewal agreement provides for an Access Oversight Committee to approve the timing, use, and amount of PEG access equipment and to make rules concerning access to the Pegasys studio and equipment; now therefore ORDINANCE 2003 - ____ BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, New York, as follows: Section 1. There shall be a new Chapter 18 added to the Code of the City of Ithaca which shall be entitled “Pegasys Access Oversight Committee” and may be cited as “Access Oversight Committee.” Section 2. Membership. A. The Access Oversight Committee shall have five (5) voting members, three (3) from the City of Ithaca of which one shall be a member of Common Council; one (1) from the Town of Ithaca and one (1) from Cayuga Heights. The Mayor shall appoint the members of the Access Oversight Committee subject to the approval of Common Council. The Town of Ithaca and Cayuga Heights shall recommend to the Mayor individuals from their respective municipalities for appointment to the Committee. A representative of Time Warner shall serve as a non-voting, ex-officio member of the Committee. B. Should another municipality or municipalities become Participating Municipalities in the future, then such municipality or municipalities shall be entitled to recommend one individual from their municipality for appointment to the Access Oversight Committee. However, at such time, the City of Ithaca shall be entitled to appoint an additional member or members of the Access Oversight Committee such that in no event shall the proportion of membership of the City of Ithaca fall below fifty-one (51%) percent. Section 3. Terms; officers and meetings; minutes. A. Members of the Access Oversight Committee shall be appointed for a term of three (3) years, except that of the initial appointments, two shall expire on December 31, 2004, two shall expire on December 31, 2005, and one shall expire on December 31, 2006. B. The Committee shall meet on an as needed basis. At the first meeting of each year, the Access Oversight Committee shall elect a Chairperson, a Vice-Chairperson and a Secretary and shall adopt a meeting time. C. Copies of the minutes of each meeting shall be transmitted to the Mayor and the Common Council. Section 4. Duties and responsibilities. A. The Access Oversight Committee shall approve the timing, use and amount of PEG access equipment and facilities to be acquired each year over the term of the franchise between the City and Time Warner. B. The Access Oversight Committee may make rules for public access (but not for educational or government access) to assure the availability of the studio and portable equipment on a non-discriminatory basis. The rules will deal with issues such as who November 5, 2003 14 can use the access equipment, what are the procedures for signing up for studio space and equipment, and how are schedules for cablecasting established. C. Consistent with staff and available funding, the Access Oversight Committee may adopt business hours for the Access studio provided that, in addition to other live programming, live programming will be accommodated between the hours of 11 pm to 12 midnight at a minimum of two evenings per week, as needed, to accommodate safe harbor programming. D. The Access Oversight Committee shall establish a usage fee for each separate use of access equipment and/or facilities to access users who do not reside in Participating Municipalities. Such fees shall be disbursed for PEG purposes at the discretion of the Committee. E. The Access Oversight Committee shall review annual reports on the provision of equipment, facilities and funds provided by Time Warner access staff and present a report to Common Council on said reports. The Access Oversight Committee may review Time Warner records and records of access providers regarding the use of funds described in said reports. F. The Access Oversight Committee shall review and monitor all access policies, rules, procedures, facilities and equipment, studio hours and staffing levels. Access Oversight Committee approval shall be required annually for the purchase of equipment, the studio hours available to access users, staffing level, budget and access rules. G. By May 31 of each calendar year, the Access Oversight Committee shall provide the Common Council of the City of Ithaca, the Supervisor of the Town of Ithaca and Mayor of Cayuga Heights with a recommended annual budget for equipment and facilities for the following year such that the Participating Municipalities may meet their obligation to provide Time Warner with an annual budget for public, educational and governmental access operations, which budget is due by June 30 of each calendar year. Section 5. Effective Date. This Ordinance shall take effect immediately in accordance with law upon publication of a notice as provided in the Ithaca City Charter. Amending Resolution: By Alderperson Cogan: Seconded by Alderperson Peterson RESOLVED, That Item A under Section 3 be amended to read as follows: “A. Members of the Access Oversight Committee shall be appointed for a term of three (3) years, except that of the initial appointments, two shall expire on December 31, 2004, one of whom shall be a city representative, two shall expire on December 31, 2005, one of whom shall be a city representative, and one shall expire on December 31, 2006.” Carried Unanimously Amending Resolution: By Alderperson Blumenthal: Seconded by Alderperson Cogan RESOLVED, That item B under Section 3 be amended to read as follows: “B. The Committee shall meet on a as needed basis, but no less than quarterly. At the first meeting of each year, the Access Oversight Committee shall elect a Chairperson, a Vice Chairperson, and a Secretary and shall adopt a meeting time.” Carried Unanimously Amending Resolution: By Alderperson Blumenthal: Seconded by Alderperson Whitmore RESOLVED, That item E under section 4 be amended to read as follows: “E. The Access Oversight Committee shall review annual reports on the provision of equipment, facilities and fund provided by Time Warner access staff and present an annual report to Common Council on said reports. The Access Oversight Committee November 5, 2003 15 may review Time Warner records and records of access providers regarding the use of funds described in said reports.” Carried Unanimously Motion to Table: By Alderperson Blumenthal: Seconded by Alderperson Manos RESOLVED, That the adoption of this ordinance be tabled pending further information and discussion. Ayes (4) Peterson, Vaughan, Hershey, Pryor, Nays (6) Whitmore, Bluenthal, Cogan, Mack, Manos, Sams Failed Motion to Call the Question: By Alderperson Hershey: Seconded by Alderperson Pryor RESOLVED, That the Question be called. Carried Unanimously Main Motion As Amended: A vote on the Main Motion as Amended resulted as follows: Carried Unanimously 11.5 An Ordinance to Amend Article 11 “Telecommunications” of Chapter 152, entitled “Communications Technology” of the Code of the City of Ithaca By Alderperson Vaughan: Seconded by Alderperson Hershey WHEREAS, the Common Council adopted a Telecommunications Ordinance on November 6, 2002 which provides for the regulation of Telecommunications Services within the City of Ithaca, and WHEREAS, the Telecommunications Ordinance provides for the payment of franchise fees to the City of Ithaca, and WHEREAS, since adoption of the Telecommunications Ordinance, certain high schools and universities have applied to the City for a franchise to provide Telecommunications Services to their faculty, staff and students, and WHEREAS, it is not the intention of the City to require approved schools, colleges and universities to pay franchise fees; now, therefore ORDINANCE 2003 - ____ BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, New York, as follows: Section 1. Section 152-32 of the Telecommunications Ordinance, entitled “Definitions; word usage” shall be amended to include the following definitions: EDUCATIONAL INSTITUTION - Any school, including the primary and secondary grades, as well as including all public, private, and parochial institutions, which educate students through a corporate dissemination of knowledge. This definition does not mean any privately-run day care facilities where there is no required academic coursework, personal tutorials, nor any other quasi-educational entity, which has been given neither legal authority to educate students, nor has gained any color of authority by holding itself out as a disseminator of knowledge to students. INSTITUTE OF HIGHER LEARNING - Any college, university, or analogous educational entity, which has the authority to confer degrees that indicate a proficiency in the fields taught by the college, university, or analogous educational entity. This definition, however, does not include any public or private pre-school, day-care facility, primary, or secondary school. November 5, 2003 16 Section 2. The definition of “Franchise Fee” in section 152-32 of the Telecommunications Ordinance, entitled “Definitions; word usage” shall be amended as follows: FRANCHISE FEE – The percentage, as specified by this article, of the grantee’s gross annual revenues payable in exchange for the rights granted pursuant to this article and the franchise. Educational Institutions and Institutes of Higher Learning shall be exempt from the payment of franchise fees. Section 3. Section 152-34.E(1) of the Telecommunications Ordinance, entitled “Franchise fees and in-kind compensation” shall be amended as follows: E. Franchise fees and in-kind compensation. (1) Franchise fee and linear foot fee. (a) Franchisee, with the exception of Educational Institutions and Institutes of Higher Learning, shall pay to the City a franchise fee of 5% of gross annual revenues during the period of its operation under the franchise, pursuant to the provisions of this article. (b) As compensation for the use of the public right-of-way for a telecommunications system solely providing long-distance network service and/or private service, franchisee, with the exception of Educational Institutions and Institutes of Higher Learning, shall pay to the City a linear foot fee of $1 per linear foot of aerial cable installed in the public right-of-way for the aerial facilities and shall pay to the City a linear foot fee of $4 per linear foot of underground (standard four-inch) conduit or cable installed in the public right-of-way for the facilities annually during the period of its operation under the franchise for the first three years of the franchise. Thereafter, the franchisee shall pay the fee of $1 per linear foot of aerial installation or $4 per linear foot of underground installation, plus an annual increase for inflation. Such inflation increase shall be based upon the regional consumer price index (CPI) published by the U.S. Department of Commerce for those years. (c) The franchisee shall promptly notify the City of any changes in the telecommunications system or services which would change the basis on which the fee to the City is calculated. Section 4. Effective Date. This Ordinance shall take effect immediately in accordance with law upon publication of a notice as provided in the Ithaca City Charter. Carried Unanimously 11.6 An Ordinance to Amend Chapter 317 of the City of Ithaca Municipal Code entitled “Vehicles, Removal of” By Alderperson Vaughan: Seconded by Alderperson Pryor ORDINANCE 2003- BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, New York, as follows: Section 1. Section 317-1 entitled “Definitions” is hereby amended to include the following language: ABANDONED VEHICLE—A vehicle that has been left unattended, and has not moved in 72 hours on any public street, highway or parking facility. Section 2. Section 317-6 entitled “Authority of Police Department and Department of Public Works to impound and remove vehicles” is hereby amended to read as follows: B. When any vehicle is found unattended on any highway, public parking lot or private property within the city where said vehicle constitutes an obstruction to traffic, a safety hazard, has been left unattended and has not moved in 72 hours, or obstructs ingress to and egress from private property. November 5, 2003 17 G. Posted signage indicating that parking is not permitted, and meeting the following requirements: The signage must be prominently placed and be [continuously] maintained for 24 hours prior to the towing or removal of the vehicle from the premises. Section 3. Section 317-7 entitled “Procedure for towing ordered by the Ithaca Police Department” is hereby amended to read as follows: [The Ithaca Police Department must attempt to contact the owner/operator of the vehicle before such vehicle is towed for parking violations, abandonment or other non- emergency situations. All attempts to contact the owner/operator must be documented in the vehicle towed report.] [B] A. Selection of a towing company. Section 4. Section 317-10 entitled “Procedures for failure to plea or respond to parking violation notices” is hereby amended to read as follows: Whenever a person has failed to respond to at least five separate notices of violation for separate parking violations, the city may send to the owner of the motor vehicle by [certified] mail a notice to the effect that such person has failed to respond to at least five separate notices of violation for separate parking violations and that the owner’s vehicle is subject to being impounded and/or being immobilized. Upon the mailing of such [certified] letter, the owner of the vehicle shall immediately be responsible for the cost of sending such notice, including administrative overhead. The owner shall have 10 days from the date of mailing of such [certified] letter to respond to the notices of violation. If the owner does not respond to all the notices of violation within said ten-day period, and thereafter the vehicle is found unattended, parked upon a street or any city- owned property or property under the jurisdiction or control of the city, the vehicle may be impounded by or under the direction of an officer or designated employee of the Police Department giving authorization to a commercial towing or wrecker service to tow the vehicle and store it in a safe place until claimed by the owner; or, it may be immobilized by or under the direction of an officer or designated employee of the Police Department in such a manner as to prevent its operation. Section 5. Effective Date This Ordinance shall take effect immediately and in accordance with law upon publication of notice as provided in the Ithaca City Charter. Discussion followed on the floor regarding the impact this change will have on the Ithaca Police Department. Alderperson Mack voiced his concern that the removal of the notification process would negatively impact the student and transient population that may not be familiar with the city’s procedures and parking regulations. Motion to Call the Question: By Alderperson Whitmore: Seconded by Alderperson Blumenthal RESOLVED, That the Question be called. Ayes (9) Whitmore, Blumenthal, Vaughan, Manos, Pryor, Peterson, Cogan, Sams, Hershey Nays (1) Mack Carried Main Motion: A vote on the Main Motion resulted as follows: Ayes (9) Whitmore, Blumenthal, Vaughan, Manos, Pryor, Peterson, Cogan, Sams, Hershey Nays (1) Mack Carried November 5, 2003 18 11.7 A Local Law Allowing Tax Exemption for Capital Improvements to Residential Buildings Pursuant to Real Property Tax Law 421-f By Alderperson Vaughan: Seconded by Alderperson Whitmore WHEREAS, due to a combination of rising property assessments and rising taxes at the city, county and school district levels, homeowners are less likely to reinvestment in their homes at this time, and WHEREAS, it is found that giving homeowners a tax incentive when they add onto and improve their homes is in the best interest of the City as it improves the City's overall tax base, improves the aesthetic and physical attributes of the City and instills in residents pride of ownership and pride in their neighborhoods, and WHEREAS, it is found that such a tax incentive would provide a boost to the construction industry, resulting in the hiring of workers and the purchase of materials resulting in increased sales tax revenue, and WHEREAS, the new law gives homeowners whose improvements adds between $5,000 and $80,000 of assessed value to their home a full tax exemption of their City taxes on the increased assessment for a full year after construction and taxes would be phased in over an eight year period, in the ninth year, the property owner(s) will begin to pay taxes on the full assessed value of the property, and WHEREAS, the City will encourage the County and the Ithaca City School District to adopt a similar tax exemption, and WHEREAS, the City's intent is to allow such tax exemption only to persons who legally improve their properties and comply with all building codes and permit processes; now, therefore Local Law No. 3 of the Year 2003 BE IT ENACTED by the Common Council of the City of Ithaca as follows: Section 1. Chapter 300 of the City of Ithaca Municipal Code is hereby amended to add a new Article VI that will read as follows: § 300-27 Legislative Intent and Purposes The purpose of this Article is to grant a partial exemption from taxation for capital improvements to residential buildings within the City of Ithaca as authorized by Section 421-f of the Real Property Law. 'Residential building' shall mean any building designed and occupied exclusively for residential purposes by not more than two (2) families. §307-28 Exemption Granted Residential buildings reconstructed, altered or improved with proper building permits and inspection subsequent to the effective date of this Local Law shall be exempt from taxation and special ad valorem levies to the extent provided herein. Such properties shall be exempt from taxation for capital improvements for a period of one (1) year to the extent that one hundred per centum (100%) of the increase in assessed value thereof attributable to reconstruction, alteration or improvement and for an additional period of seven (7) years; provided, however, that the extent of such exemption shall be decreased by twelve and one half percent (12.5%) of the initial exemption each year during each additional period; provided that such exemption shall be limited to eighty thousand dollars ($80,000) in increased market value, or such other sum less than eighty thousand dollars ($80,000) but not less than five thousand dollars ($5,000) of the property attributable to such reconstruction, alteration or improvement. November 5, 2003 19 §300-29 Terms and Conditions The following terms and conditions shall be applied in the implementation of this Article: (1) No such exemption shall be granted for reconstruction, alteration or improvements unless such reconstruction, alteration or improvement was commenced subsequent to the effective date of this local law, and (2) No such exemption shall be granted for reconstruction, alteration or improvements unless the greater portion, as so determined by square footage, of the building reconstructed, altered or improved is at least five years old, and (3) The cost of the reconstruction, alteration or improvement must exceed three thousand dollars ($3,000), and (4) For purpose of this section, the terms reconstruction, alteration and improvement shall not include ordinary maintenance and repairs, and (5) The exemption provisions of this Article shall not apply to swimming pools, detached garage structures, or any other accessory structures to the primary residential structure, and (6) In the event that a building granted an exemption pursuant to this Article ceases to be used exclusively for residential purposes or title thereto is transferred to a person or entity other than the heirs or distributees of the owner, the exemption granted pursuant to this Article shall cease, and (7) Such exemption shall be granted only upon application by the owner of such building on a form prescribed by the state board to the Tompkins County Department of Assessment. Section 2. This local law shall take effect immediately upon filing with the Secretary of State of the State of New York and the Tompkins County Department of Assessment. Carried Unanimously Alderperson Mack absent from vote 11.8 Mayor – Directive to BPW for 2004 Carousel Fees - Resolution By Alderperson Vaughan: Seconded by Alderperson Blumenthal WHEREAS, as part of the 2004 Budget, the revenue account for the Stewart Park Carousel was increased by $5,000, and WHEREAS, to bring the fee charged for a carousel more in line with actual operating expenditures, the Mayor and Council recommend increasing the 2004 Stewart Park Carousel rate charged by $.25 from $.50 to $.75 per ride, and WHEREAS, a suggestion of a bulk rate purchase of ride tickets should be examined and established by the Board of Public Works; now, therefore, be it RESOLVED, That Common Council hereby directs the Board of Public Works (BPW) to increase the 2004 Stewart Park Carousel per-ride fee to $.75, and be it further RESOLVED, That the BPW shall develop and establish a bulk rate purchase of carousel ride tickets for larger parties of riders, keeping in mind the additional revenue needed to be collected in the 2004 Budget. Amending Resolution: By Alderperson Blumenthal: Seconded by Alderperson Whitmore RESOLVED, That the last Resolved clause be amended to read as follows: “RESOLVED, That the BPW shall develop and establish a bulk rate purchase of carousel ride tickets, keeping in mind the operating costs of the carousel.” Carried Unanimously November 5, 2003 20 Main Motion as Amended: A vote on the Main Motion as Amended resulted as follows: Ayes (8) Peterson, Vaughan, Manos, Pryor, Blumenthal, Sams, Cogan, Whitmore Nays (1) Hershey Carried Alderperson Mack absent from vote 13. NEW BUSINESS: 13.1 Possible Executive Session to seek the Advice of Legal Counsel By Alderperson Hershey: Seconded by Alderperson Pryor RESOLVED, That Common Council adjourn into Executive Ssession to seek the advice of legal counsel. Reconvene: Common Council reconvened into Regular Session with no formal action taken. 16. APPROVAL OF MINUTES: 16.1 Approval of September 3, 2003 Regular Common Council Meeting Minutes – Resolution: By Alderperson Blumenthal: Seconded by Alderperson Whitmore RESOLVED, That the September 3, 2003 Regular Common Council Meeting Minutes be approved as published. Carried Unanimously 16.2 Approval of October 1, 2003 Regular Common Council Meeting Minutes – Resolution: By Alderperson Blumenthal: Seconded by Alderperson Whitmore RESOLVED, That the October 1, 2003 Regular Common Council Meeting Minutes be approved as published. Carried Unanimously 17. COMMUNICATIONS FROM COMMON COUNCIL: Alderperson Sams announced that GIAC/Cooperative Extension would be hosting a fundraiser for Jamal Cooper called “The Home that Love Built” on November 9, 2003, from 3-8 p.m. at Bistro Q. Advance tickets are available for $15, and $20 at the door. Music and food will be provided. ADJOURNMENT: On a motion the meeting adjourned at 11:25 P.M. ________________________ _______________________ Julie Conley Holcomb, CMC Alan J. Cohen, City Clerk Mayor