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HomeMy WebLinkAboutMN-CC-2004-02-04 COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 7:00 pm February 4, 2004 PRESENT: Mayor Peterson Alderpersons (10) Coles, Mackesey, Berry, Whitmore, Tomlan, Zumoff, Taylor, Townsend, Cogan, Korherr OTHERS PRESENT: City Clerk – Conley Holcomb City Attorney – Luster City Controller – Thayer 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 PLEDGE OF ALLEGIANCE: Mayor Peterson led all present in the Pledge of Allegiance to the American Flag. ADDITIONS TO OR DELETIONS FROM THE AGENDA: Special Order of Business: Alderperson Berry noted that there is a substitute Resolution for Item 4.4 – Request to Honor Diann Sams and Salute African American History Month in the City of Ithaca. No Council member objected. Governance Committee: Alderperson Mackesey requested that Item 10.1 Common Council Rules of Procedure – Report reflect a more general report regarding the activities of the Governance Committee. No Council member objected. Communication from Common Council: Alderperson Whitmore reported that he had a communication from the Recreation Partnership. No Council member objected. Unfinished and Miscellaneous Business Alderperson Zumoff requested that the motions to enter into Executive Session be deferred to the end of the meeting. No Council member objected. February 4, 2004 2 SPECIAL ORDER OF BUSINESS: 4.1 A Public Hearing to Consider the Adoption of the Revised City of Ithaca Waterfront Zoning District Resolution to Open Public Hearing: By Alderperson Zumoff: Seconded by Alderperson Whitmore RESOLVED, That the Public Hearing to Consider the Adoption of the Revised City of Ithaca Waterfront Zoning District be declared open. Carried Unanimously The following people addressed Common Council: Fay Gougakis – City of Ithaca Steve Flash – Member of Marina Reality Joel Harlan – Town of Newfield Jim Kerrigan – City of Ithaca Neil Oolie – City of Ithaca Roxanne List – City of Ithaca Resolution to Close Public Hearing: By Alderperson Whitmore: Seconded by Alderperson Cogan RESOLVED, That the Public Hearing to Consider the Adoption of the Revised City of Ithaca Waterfront Zoning District be declared closed. Carried Unanimously 4.2 A Public Hearing on the Proposed Citizen Participation Plan (CP Plan) Resolution to Open Public Hearing By Alderperson Cogan: Seconded by Alderperson Korherr RESOLVED, That the Public Hearing on the Proposed Citizen Participation Plan (CP Plan) be declared open. Carried Unanimously No one appeared to address Common Council. Resolution to Close Public Hearing By Alderperson Cogan: Seconded by Alderperson Tomlan RESOLVED, That the Public Hearing on the Proposed Citizen Participation Plan (CP Plan) be declared closed. Carried Unanimously 4.4 Resolution to Honor Diann Sams and Salute African American History Month in the City of Ithaca By Alderperson Townsend: Seconded by Alderperson Berry WHEREAS, Carter G. Woodson, noted African American scholar (1875-1950), historian, and the son of former slaves, founded the Association for the Study of Negro Life and History in 1915, which was later renamed the Association for the Study of African American Life and History, initiated Black History Week on February 12, 1926, and WHEREAS, for many years, the 2nd week of February, (chosen so as to coincide with the birthdays of Frederick Douglass and Abraham Lincoln) was celebrated by Black people in the United States, and in 1976, as part of the nation's Bicentennial, it was expanded and became established as Black History Month, and is now celebrated all over North America, and WHEREAS, it is only fitting and right to celebrate the tremendously rich legacy of black Americans, both in the past and present, who have contributed significantly to the development, enhancement, and overall progress of our City and our nation, and WHEREAS, it is only fitting and right to recognize those pioneers who have paved the way for social justice, racial progress, and equity, and WHEREAS, Diann Sams, one such pioneer, and our City’s second Alderperson of color and its first woman of color, helped pave the way for other African Americans to run for February 4, 2004 3 office in the City, and made a significant impact on bringing to the forefront the needs of people of color, women, the poor, the disabled, the disenfranchised, and any others who are discriminated against, and WHEREAS, Diann Sams, who although retired from her work as an Alderperson, continues to give tirelessly to many causes as she continues to fortify and enrich the lives of others with her kind heart and seemingly unrelenting drive for justice, now therefore be it RESOLVED, That Common Council hereby recognizes and salutes Diann Sams and all other black people in the City, and all other citizens who will gather throughout this month to celebrate African American History, the diversity of black culture in America, and in so doing, will be united together in this just and good cause. Discussion followed on the floor with Common Council members and Mayor Peterson honoring Diann by sharing their personal thoughts and memories of Diann. A vote on the Resolution resulted as follows: Carried Unanimously PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: The following people addressed Common Council: Ellen McCollister, Planning Board Member – 6 pt. Traffic Plan Jane Marcham, Planning Board Member – 6 pt. Traffic Plan John Beach, Planning Board Member – 6 pt. Traffic Plan Jennifer Dotson, BPW Member – 6 pt. Traffic Plan Neil Oolie, City of Ithaca – in favor of Council reviewing plans and projects Joel Harlan, Town of Newfield – 6 pt. Traffic Plan, proposed Nuisance Legislation Victoria Jordan, Town of Brooktondale – In favor of Council review of 6 pt. Traffic Plan Joe Wetmore, Town of Ithaca – In favor of Council review of 6 pt. Traffic Plan Fay Gougakis, City of Ithaca – Cornell Vet School medical waste, public forums, proposed Nuisance laws, speeding Susan Titus, Town of Ithaca – Taughannock Blvd Extension Scott Garin, IPD Officer – Resolution honoring Diann Sams, thanks to Mayor for open communication with Police Department, and her support of City employees Sarah Adams, City of Ithaca – In favor of Council review of 6 pt. Traffic Plan Guy Gerard, City of Ithaca – Common Council Rules of Procedure, Roberts Rules of Order Will Burbank, Town of Ithaca – In favor of Council review of 6 pt. Traffic Plan Jessie Lind, City of Ithaca – 6 pt. Traffic Plan, Taughannock Blvd. Extension Jim Kerrigan, City of Ithaca – Process concerns regarding prior information of public hearing topics RESPONSE TO PUBLIC: Alderperson Mackesey responded to comments made regarding public information and communication with residents affected by legislative changes. Alderperson Korherr thanked Mr. Wetmore for the book he distributed to Council members and responded to comments made by Officer Garin. She further recognized the efforts and hard work of the Ithaca Police Department and thanked the responding police agencies that provided mutual aid during a recent murder investigation. Alderperson Tomlan thanked all of the speakers for their comments and responded to comments made regarding the lack of information on public hearing topics. She stated that all of the notices of the public hearings had been published and the legislation had been made available to the public. Alderperson Whitmore responded to comments made regarding the IURA Entitlement Program and the Citizens Participation Plan. Mayor Peterson responded to comments made regarding the Taughannock Blvd. Extension Feasibility Study and announced that she has scheduled a Committee of the February 4, 2004 4 Whole meeting for Tuesday, February 10, 2004 at 7:00 p.m. so that Council members can further discuss this item and have their questions answered. She further announced that she had signed a Memorandum of Understanding with the Ithaca Police Department regarding their return to permanent shifts. 7. CONSENT AGENDA: Alderperson Zumoff requested that Item 7.3 Fire Department – Request to Establish Capital Project #476 for Grant – Resolution be removed from the Consent Agenda and become Item 8.3. Alderperson Korherr requested that Item 7.7 Planning & Development – Request to Amend 2004 Authorized Personnel Roster – Resolution be removed from the Consent Agenda and become Item 8.4. 7.1 GIAC – Request to Amend Personnel Roster – Resolution By Alderperson Mackesey: Seconded by Alderperson Whitmore WHEREAS, Desiree Jenkins, a Recreation Assistant at the Greater Ithaca Activities Center (GIAC), has requested permission to reduce her hours from 35 per week to 26 per week for her educational pursuit, now, therefore, be it RESOLVED, That Common Council hereby authorizes an amendment to the GIAC personnel roster as follows: Reduce hours: One (1) Recreation Assistant 35 hours/week to 26 hours/week until May 15, 2004. Carried Unanimously Mayor Peterson requested that Alderperson Berry review the consent agenda items for Council Members. 7.2 Common Council - Request Temporary Expansion of the GIAC Director’s Duties and Responsibilities to Include Limited Oversight of the Southside Community Center – Resolution By Alderperson Mackesey: Seconded by Alderperson Whitmore WHEREAS, the Southside Working Group formed in November, 2003 to address the future relationship between the Southside Community Center, Inc., the City of Ithaca and the Greater Ithaca Activities Center (GIAC), Inc., and WHEREAS, the Southside Working Group has only just begun to formulate options for the successful collaboration between the Southside, the City of Ithaca and GIAC, and WHEREAS, the Southside Community Center, Inc. and GIAC, Inc. are committed to further collaboration, and WHEREAS, the Southside Community Center must maintain sufficient administrative support while the Southside Working Group completes its recommendations for future collaboration, and WHEREAS, the Southside Community Center will soon hire an interim Director to handle the day-to-day operations of the Southside, and WHEREAS, it is in the best interests of the City of Ithaca and the Southside Community Center that the GIAC Director play some role in the short-term operations of the Southside, and WHEREAS, the Southside Community Center has agreed to fund the stipend appropriate for the temporary expansion of the responsibilities of the GIAC Director; now, therefore, be it RESOLVED, That the Common Council of the City of Ithaca temporarily expands the duties and responsibilities of the GIAC Director to include limited oversight of the Southside Community Center for February, March, and April, 2004, and be it further February 4, 2004 5 RESOLVED, That the GIAC Director shall receive a three-month stipend in the sum not to exceed $746 for this temporary expansion of duties and responsibilities, and be it further RESOLVED, That this stipend shall be funded by Southside Community Center, Inc. Carried Unanimously 7.4 DPW – Request to Approve 2004 Budget Amendment for NYS Highway Safety Program Grant – Resolution By Alderperson Mackesey: Seconded by Alderperson Whitmore WHEREAS, the City has been awarded a NYS Highway Safety Program grant from the Governor’s Traffic Safety Committee for the Central Business District (CBD) Traffic Signal Retiming Project, and WHEREAS, the signals to be retimed will be those located in the CBD bordered by Court Street to the north, Clinton Street to the south, Corn Street to the west, and Aurora Street to the east, and WHEREAS, grant funds through said program total $61,000, and WHEREAS, the funds to be expended will be for consultant fees and evaluation software, and WHEREAS, the 2004 City Budget is in need of adjustment to better reflect the grant for this program; now, therefore, be it RESOLVED, That Common Council hereby amends the 2004 Adopted City Budget by an amount not to exceed $61,000 for the purpose of accounting for said grant program as follows: Increase Revenue Account: A1440-3389 $61,000.00 Increase Appropriation Accounts: A1440-5435 $54,000.00 Consultant Fees A1440-5210 7,000.00 Evaluation Software $61,000.00 Carried Unanimously 7.5 Youth Bureau - Request to Amend 2004 Youth Bureau Budget for US Department of Justice Grant – Resolution By Alderperson Mackesey: Seconded by Alderperson Whitmore WHEREAS, the Ithaca Youth Bureau has been notified it will receive a $220,000 Department of Justice Juvenile Mentoring Program Grant to develop the Beverly J. Martin School Mentoring Project, and WHEREAS, the $220,000 grant will be received and expended over the next three years with the first year revenue and expenses to be $63,812; now, therefore, be it RESOLVED, That Common Council hereby amends the 2004 Youth Bureau Budget to account for said Department of Justice Grant as follows: Increase Revenue Accounts: A7310-4820-1206 Federal Aid $ 5,582 A7310-4820-1240 Federal Aid 54,311 A7310-4820-1400 Federal Aid 3,919 $63,812 February 4, 2004 6 Increase Appropriation Accounts: A7310-5110-1240 Staff Salaries $29,763 A7310-5120-1240 P/T Seasonal 5,000 A7310-5120-1400 P/T Seasonal 3,450 A7310-5120-1206 P/T Seasonal 4,016 A7310-5460-1240 Program Supplies 5,270 A7310-5445-1240 Travel & Mileage 1,990 A7310-9010 State Retirement 3,572 A7310-9030 Social Security/Medicare 3,231 A7310-9040 Workers’ Compensation 2,323 A7310-9060 Health Insurance 5,197 $63,812 Carried Unanimously 7.6. Youth Bureau - Request to Amend Personnel Roster – Resolution By Alderperson Mackesey: Seconded by Alderperson Whitmore WHEREAS, Joby Greenspun, a member of the Recreation Mainstreaming Services (RMS) Program staff, has requested permission to reduce her hours and work part-time, for personal reasons, and WHEREAS, by using temporary/seasonal staff, this request may be honored without significantly impacting services, now, therefore, be it RESOLVED, That Common Council hereby authorizes an amendment to the Youth Bureau personnel roster as follows: Reduce hours: One (1) Recreation Specialist (RMS) 35 hours/week to 30 hours/week from February 9, 2004 to May 29, 2004. and be it further RESOLVED, That Common Council authorizes the Controller to transfer $634 from Account # A7310-110-1600 to Account # A7310-120-1601 and Account # A7310-120- 1602. Carried Unanimously 7.8 Finance/Controller - Request Approval of Expense Reduction Services Agreement – Resolution By Alderperson Mackesey: Seconded by Alderperson Whitmore WHEREAS, the City of Ithaca is considering participating in an Energy Curtailment Program and the first step in this process is a utility billing audit and, WHEREAS, the Utility and Telecommunications Consulting Firm of Troy & Banks is experienced in this type of audit and, WHEREAS, Troy & Banks’ services are offered under State Contract and this contract is considered by the State to be a “No Cost” contract and, WHEREAS, the results of this audit will potentially bring refunds or rebates to the City and the information obtained will be utilized in the potential future participation of the Energy Curtailment Program, now, therefore, be it RESOLVED, That the office of the City Controller is hereby authorized and directed to execute and deliver to Troy & Banks an Agreement for expense reduction services, a copy of which is attached hereto and made a part hereof, and be it further RESOLVED, That the conditions, duration and term, purpose and objective, manner and extent of payments are set forth in the attached Agreement. Carried Unanimously February 4, 2004 7 8. CITY ADMINISTRATION COMMITTEE: 8.1 An Ordinance Amending Sections 300-1(A)(1) and 300-2(A) of Chapter 300 Entitled “Taxation” of the City of Ithaca Municipal Code, regarding a Real Property Tax Exemption for Senior Citizens By Alderperson Berry: Seconded by Alderperson Taylor Ordinance 04 – BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows: Section 1. Pursuant to an increase in the income ceilings at the State level for tax exemptions for senior citizens, sections 300-1(A)(1) and 300-2(A) of Article I entitled Senior Citizens Exemption of the City of Ithaca Municipal Code shall be amended to increase the amount of the partial real property tax exemption for certain senior citizens, as follows: § 300-1. Exemption granted. A. Pursuant to the provisions of §467 of the Real Property Tax Law of the State of New York, real property in the City of Ithaca owned by one or more persons, each of whom is 65 years of age or over, or real property owned by husband and wife or by siblings, one of whom is sixty-five years of age or over, shall be partially exempt from taxation by the city based upon the income of the owner or the combined incomes of the owners. (1) Such partial exemption shall be to the extent set forth in the schedule following: Annual Income of Owner or Assessed Valuation Combined Annual Income of Owners Exempt From Taxation Up to but less than 24,000 [Up to $21,500] 50% Up to but less than $25,000 45% [more than $21,500 but less than $22,500] Up to but less than $26,000 40% [$22,500 to 23,499.99] Up to but less than $27,000 35% [$23,500.00 to $24,499.99] Up to but less than $27,900 30% [$24,500 to $25,399.99] Up to but less than $28,800 25% [$25,400.00 to $26,299.99] Up to but less than $29,700 20% [$26,300.00 to $27,199.99] Up to but less than $30,600 15% [$27,200.00 to $28,099.99] Up to but less than $31,500 10% [$28,100.00 to $28,999.99] Up to but less than $32,400 5% (2) The partial exemption provided by this article shall, however, be limited to such property and persons as meet the conditions, exclusions and limitations set forth in § 467 of the Real Property Tax Law of the State of New York. February 4, 2004 8 § 300-2. Limitations on exemption. No exemption shall be granted: A. If the income of the owner or the combined income of the owners of the property exceeds the sum of $32,400 [$29,899.99] for the income tax year immediately preceding the date of making application for exemption as consistent with the schedule provided in § 300-1A. "Income tax year" shall mean a twelve-month period for which the owner or owners filed a federal personal income tax return or, if no such return is filed, the calendar year. Where title is vested in either the husband or the wife, their combined income may not exceed such sum. Such income shall include social security and retirement benefits, interest, dividends, total gain from the sale or exchange of a capital asset in the same income tax year, net rental income, salary or earnings and net income from self-employment but shall not include a return of capital, gifts or inheritances. In computing net rental income and net income from self-employment, no depreciation deduction shall be allowed for the exhaustion, wear and tear of real or personal property held for the production of income. Section 2. Effective Date. This Ordinance shall take effect immediately in accordance with law upon publication of a notice as provided in the Ithaca City Charter. Discussion followed on the floor regarding how many applications are received annually. City Chamberlain Parsons reported that although she does not know how many applications are received, this program results in approximately $125,000 reduction in tax revenues. Further discussion followed as to how the City could do outreach for residents who may qualify for the program. City Chamberlain Parsons stated that she would coordinate outreach efforts with the Tompkins County Assessment Department. A vote on the Ordinance resulted as follows: Carried Unanimously 8.2 Local Law Amending Section 300-26(B)(1) of Chapter 300 entitled “Taxation” of the City of Ithaca Municipal Code, providing for an increase in the Disability Real Property Tax Exemption By Alderperson Berry: Seconded by Alderperson Mackesey Local Law - 2004 BE IT ENACTED by the Common Council of the City of Ithaca as follows: Section 1. Pursuant to an increase in the income ceilings at the State level for disability tax exemptions, section 300-26(B)(1) of Article V entitled Disability Exemption of the City of Ithaca Municipal Code shall be amended to increase the amount of the partial real property tax exemption for certain disabled persons, as follows: B. Exemption granted. (1) Pursuant to the provisions of § 459-c of the Real Property Tax Law of the State of New York, real property located in the City of Ithaca owned by one or more persons, each of whom is disabled and whose income is limited by reason of such disability, or real property owned by husband and wife, or siblings, one of whom is disabled and whose income is limited by reason of such disability, shall be partially exempt from taxation by said city for the applicable taxes specified in § 459-c based upon the income of the owner or combined income of the owners. Such partial exemption shall be to the extent set forth in the schedule following: February 4, 2004 9 Annual Income of Owner Percentage Assessed or Combined Annual Valuation Exempt Income of Owners From Taxation Up to but less than 24,000 [Up to $21,500] 50% Up to but less than $25,000 45% [more than $21,500 but less than $22,500] Up to but less than $26,000 40% [$22,500 to 23,499.99] Up to but less than $27,000 35% [$23,500.00 to $24,499.99] Up to but less than $27,900 30% [$24,500 to $25,399.99] Up to but less than $28,800 25% [$25,400.00 to $26,299.99] Up to but less than $29,700 20% [$26,300.00 to $27,199.99] Up to but less than $30,600 15% [$27,200.00 to $28,099.99] Up to but less than $31,500 10% [$28,100.00 to $28,999.99] Up to but less than $32,400 5% [$29,000.00 to $29,899.99] Section 2. Effective Date. This Local Law shall take effect immediately in accordance with law upon filing with the Secretary of State. Carried Unanimously 8.3 Fire Department - Request to Establish Capital Project #476 for Grant – Resolution By Alderperson Zumoff: Seconded by Alderperson Korherr WHEREAS, the Ithaca Fire Department has been notified that it will receive a $147,568 United States Fire Administration Grant, and WHEREAS, the grant funds will be used to purchase various types of Fire Department equipment over the next year at an estimated cost of $147,568, and WHEREAS, the Federal Aid portion of the grant will reimburse the project 90% or $132,811.20 and the City will be required to match the remaining 10% or $14,756.80, and WHEREAS, the City can use already-bonded funds from Capital Project #475 IFD Water Delivery Improvements to cover the City-required $14,756.80 match; now, therefore, be it RESOLVED, That Common Council hereby establishes Capital Project #476 Fire Grant Equipment Acquisitions in an amount not to exceed $147,568 for the purpose of purchasing said equipment, and be it further RESOLVED, That funding for said Project shall be derived from the upfront issuance of Serial Bonds or General Fund Advance with later repayment of $132,811.20 from the US Fire Administration with final City cost of $14,756.80, and be it further February 4, 2004 10 RESOLVED, That the City’s required grant match of $14,756.80 shall be derived from funds previously authorized and bonded in Capital Project #475 IFD Water Delivery Improvements. Discussion followed on the floor regarding reimbursement distributions. Fire Chief Wilbur clarified that the city’s portion of the funding was previously budgeted in an authorized capital project, and from existing funds. He further confirmed that only 90% of the project funding would be reimbursed. A vote on the Resolution resulted as follows: Carried Unanimously 8.4 Planning & Development - Request to Amend 2004 Authorized Personnel Roster – Resolution By Alderperson Cogan: Seconded by Alderperson Taylor WHEREAS, included in the 2004 Authorized Budget for the Planning Department were two 20 hour part-time positions; 20 hr. Environmental Landscape Planner and 20 hr. Senior Typist, and WHEREAS, both positions are currently funded and vacant in a total amount of $29,355, and WHEREAS, the Planning Department staff have determined that the department can be more efficient and increase productivity if the Environmental Landscape Planner position is deleted and the 20 hours are combined with the 20 hour vacant Senior Typist to establish a 35 hour Senior Typist position; now, therefore, be it RESOLVED, That Common Council hereby amends the 2004 Authorized Personnel Roster for the Planning Department as follows: Delete: One (1) 20 hour Environmental Landscape Planner One (1) 20 hour Senior Typist Add: One (1) 35 hour Senior Typist and, be it further RESOLVED, That funds needed for said roster amendment shall be derived from existing funds in the 2004 Planning Department Budget. Discussion followed on the floor with Alderperson Korherr expressing her concern regarding the inequities in administrative staffing levels in the city’s larger departments, and expressed a desire to review this issue organizationally. A vote on the Resolution resulted as follows: Carried Unanimously 9. COMMUNITY SERVICES COMMITTEE: Alderperson Whitmore reported that the first meeting of the Community Services Committee would be on Wednesday, February 11, 2004 at 7:00 pm in Common Council Chambers. 10. GOVERNANCE COMMITTEE: 10.1 Common Council Rules of Procedure and General Report Alderperson Mackesey reported that the next meeting of the Governance Committee would be on February 23, 2004 in Common Council Chambers. The Committee will discuss the following issues: Proposed changes to the Noise Ordinance Common Council Rules of Procedure Proposed Personal Watercraft (Jet ski) Ordinance Code of Ethics Annual Disclosure Forms February 4, 2004 11 11. PLANNING, NEIGHBORHOODS & ECONOMIC DEVELOPMENT COMMITTEE: 11.1 CDBG Entitlement Program - Adoption of Comprehensive Revisions to the Citizen Participation Plan - Resolution By Alderperson Tomlan: Seconded by Alderperson Cogan WHEREAS, at their December 3, 2003 meeting the Common Council designated the Ithaca Urban Renewal Agency (IURA) as the Lead Agency to develop and administer the Consolidated Plan to enable the City to be eligible to receive Community Development Block Grant (CDBG) Entitlement program funding on an annual basis, and WHEREAS, development of the 5-year Consolidated Plan and one-year Action Plan must conform with a locally adopted citizen participation plan in compliance with regulations contained at 24 CFR 91.105 to encourage citizens to participate in the development of the Consolidated Plan, particularly low- and moderate-income citizens, and WHEREAS, the current Citizen Participation Plan was developed to meet the requirements of the competitive Small Cities CDBG program, but does not satisfy all requirements of the CDBG Entitlement program, and WHEREAS, a proposed comprehensive revision to the Citizen Participation Plan was developed specifically for the CDBG Entitlement program that has been posted on the City website with notice of its availability for comment published in the Ithaca Journal, and WHEREAS, the 30-day comment period ended on January 15, 2004, and WHEREAS, at their January 15, 2004 meeting the IURA considered comments received and recommended adoption of the comprehensive revisions to the Citizen Participation Plan, and WHEREAS, non-substantive corrections and clarifications as suggested by the Planning, Neighborhoods and Economic Development Committee at its January 21, 2004 meeting have been incorporated into the proposed Citizen Participation Plan for adoption, now, therefore be it RESOLVED, That the Common Council hereby adopts the comprehensive revisions to the Citizen Participation Plan, dated February 4, 2004. Discussion followed on the floor with Alderperson Tomlan noting grammatical corrections to the Consolidation Plan. Amending Resolution: By Alderperson Tomlan: Seconded by Alderperson Mackesey RESOLVED, That the last sentence of Section VI – Citizen Comment on the Citizen Participation Plan and Amendments of the Consolidation Plan be removed, and, be it further RESOLVED, That the following language be added to Section V. C. – Citizen Review of Proposed Substantial Program Amendments: "HUD shall be notified of all substantial program amendments." Carried Unanimously Main Motion as Amended: A vote on the Main Motion as Amended resulted as follows: Carried Unanimously February 4, 2004 12 11.2 An Ordinance to Amend the Chapter 325, Section 4, of the City of Ithaca Municipal Code Entitled “Zoning” to Create a New Zoning District to be Known as the Waterfront Zoning District (WF-1) A. Declaration of Lead Agency - Resolution By Alderperson Tomlan: Seconded by Alderperson Cogan 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 revisions to the Waterfront Zoning District is a "Type I" Action pursuant to the City Environmental Quality Review Ordinance which requires environmental review under CEQR; 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 revisions to the Waterfront Zoning District. Carried Unanimously B. Determination of Environmental Significance By Alderperson Tomlan: Seconded by Alderperson Townsend WHEREAS, the City of Ithaca is considering a proposal to revise the Waterfront Zoning District, and WHEREAS, appropriate environmental review has been conducted including the preparation of the Full Environmental Assessment Form (FEAF), and WHEREAS, this rezoning has been reviewed by the Tompkins County Planning Department Pursuant to §239-l–m of the New York State General Municipal Law, which requires that 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 Ordinance (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. Discussion followed on the floor regarding the exact location of the zoning changes and area parking concerns. Planning and Development Director VanCort noted that a corrected copy of the zoning map had been distributed to Council members, and further distributed a new version of February 4, 2004 13 the proposed Ordinance that showed the tracked changes made to the legislation through the committee process. Alderpersons Mackesey and Coles voiced their opposition to considering legislation that they had not had an opportunity to review prior to the meeting. Motion to Postpone: By Alderperson Mackesey: Seconded by Alderperson Coles RESOLVED, That this item be postponed until the March 3, 2004 Common Council meeting. Discussion followed on the floor regarding process issues. Motion to Call the Question: By Alderperson Cogan: Seconded by Alderperson Berry RESOLVED, That the Question be called. Ayes (9) Coles, Mackesey, Berry, Whitmore, Zumoff, Taylor, Townsend, Korherr, Cogan Nays (1) Tomlan Carried Motion to Postpone: A vote on the Motion to Postpone resulted as follows: Ayes (8) Coles, Mackesey, Berry, Whitmore, Taylor, Townsend, Korherr, Cogan Nays (2) Tomlan, Zumoff Carried C. An Ordinance to Amend the Chapter 325, Section 4, of the City of Ithaca Municipal Code Entitled “Zoning” to Create a New Zoning District to be Known as the Waterfront Zoning District (WF-1) Mayor Peterson explained that because consideration of the Determination of Environmental Significance Resolution was postponed, this legislation could not be considered. 12. NEW BUSINESS: 12.1 Designation of 2004 City of Ithaca Polling Locations – Resolution By Alderperson Whitmore: Seconded by Alderperson Korherr RESOLVED, That the following locations be designated as City of Ithaca polling locations for the year 2004: 2004 CITY OF ITHACA POLLING LOCATIONS FIRST WARD 1st District Alternative Community School Chestnut Street 2nd District Alternative Community School Chestnut Street 3rd District Titus Towers II 798 S. Plain St 4th District South Hill School 520 Hudson St 5th District South Hill School 520 Hudson St SECOND WARD 1st District GIAC 300 W. Court St 2nd District Titus Towers II 798 S. Plain St 3rd District GIAC 300 W. Court St 4th District TC Public Library 101 E. Green St THIRD WARD 1st District Robert Purcell Community Ctr. Jessup Road 2nd District Belle Sherman Annex Cornell St 3rd District Belle Sherman Annex Cornell St February 4, 2004 14 FOURTH WARD 1st District Class of '26 Hall 611 Stewart Ave 2nd District St. Luke’s Lutheran Church 109 Oak Ave 3rd District St. Luke’s Lutheran Church 109 Oak Ave FIFTH WARD 1st District Fall Creek School 202 King St 2nd District Fall Creek School 202 King St 3rd District Robert Purcell Community Ctr Jessup Rd 4th District Fall Creek School 202 King St City Clerk Holcomb explained the changes in the Fourth Ward polling locations. Alderperson Taylor expressed his thanks to St. Luke’s Lutheran Church for offering the use of their space as a polling location. Discussion followed on the floor regarding how complaints from the public regarding polling locations are handled. A vote on the Resolution resulted as follows: Carried Unanimously (9-0) Alderperson Cogan absent from vote 12.2 Appointment of City Representatives to TCAT Board of Directors – Resolution By Alderperson Whitmore: Seconded by Alderperson Korherr WHEREAS, Tompkins Consolidated Area Transit (TCAT) was formed to provide enhanced public transportation services to Tompkins County, and WHEREAS, the TCAT Board of Directors consists of three representatives from Cornell University, three representatives from Tompkins County and three representatives from the City of Ithaca, and WHEREAS, it is desirable that all representatives from the City to the TCAT Board of Directors be members of Common Council, and WHEREAS, Alderperson David Whitmore has agreed to remain on the Board, and WHEREAS, there is currently two vacancies from the City of Ithaca on the TCAT Board of Directors; now, therefore be it RESOLVED, That Common Council hereby appoints Alderpersons Dan Cogan, Pam Mackesey and David Whitmore to the TCAT Board of Directors for a term of two years ending December 31st, 2005. Discussion followed on the floor regarding the membership make-up of the TCAT Board. A vote on the Resolution resulted as follows: Carried Unanimously 12.3 Fire Department – Request to Create a Temporary Fire Fighter Position By Alderperson Berry: Seconded by Alderperson Townsend WHEREAS, the Ithaca Fire Department has three existing fire fighter vacancies resulting from the retirements of Assistant Chief Raymond Wheaton, Fire Fighter Deane Cook, and Fire Fighter Leigh Marshall, each of which has already occurred; and, WHEREAS, Fire Fighter John VanDeMark will retire effective 24 FEB 04, thus creating a fourth vacancy; and, WHEREAS, four applicants have been selected to replace those fire fighters who have, or will be, retired; and, February 4, 2004 15 WHEREAS, there is a need to have all four new fire fighters hired and ready for work in sufficient time to prepare them to leave for the Spring recruit fire fighter basic training class at the New York State Academy of Fire Science which starts on 29 FEB 04; and, WHEREAS, the last vacancy will not be created until 24 FEB 04, which leaves insufficient time to prepare the new fire fighter to attend the recruit school; and, WHEREAS, the Ithaca Fire Department wishes to appoint these new recruits on successive days, starting on 15 FEB 04, and continuing with one each being appointed on 16, 17, and 18 FEB 04, respectively; and, WHEREAS, in order to accomplish this, a temporary fire fighter position must be created to allow a new fire fighter to be hired prior to the position actually being vacated as a result of the retirement; and, WHEREAS, sufficient time has already elapsed with other positions remaining vacant that there will be no negative financial impact; now, therefore be it RESOLVED, That the Common Council of the City of Ithaca authorizes the creation of a temporary fire fighter position for the period from 18 FEB 04 through 24 FEB 04 inclusive, and, be it further RESOLVED, That the funds needed for said temporary fire fighter position shall be derived from the existing 2004 fire department budget, and, be it further RESOLVED, That this position shall be eliminated on 24 FEB 04. Discussion followed on the floor with Fire Chief Wilbur explaining the late nature of this resolution. A vote on the Resolution resulted as follows: Ayes (9) Coles, Whitmore, Berry, Tomlan, Zumoff, Taylor, Townsend, Cogan, Korherr Nays (0) Abstention (1) Mackesey Carried Privilege of the Floor: Alderperson Zumoff thanked everyone involved in the Light in Winter Festival, with a special thanks to Barbara Mink for all of her work in organizing this event. 13. UNFINISHED AND MISCELLANEOUS BUSINESS: 13.1 Common Council – Motion to enter into Executive Session to discuss Collective Bargaining By Alderperson Whitmore: Seconded by Alderperson Mackesey RESOLVED, That Common Council adjourn into Executive Session to discuss collective bargaining. Carried Unanimously Reconvene: Common Council reconvened into Regular Session with no formal action taken. 13.2 Common Council – Motion to enter into Executive Session to discuss Land Disposition By Alderperson Whitmore: Seconded by Alderperson Korherr RESOLVED, That Common Council adjourn into Executive Session to discuss land disposition. Carried Unanimously February 4, 2004 16 Reconvene: Common Council reconvened with no formal action taken. 14. REPORT OF COUNCIL LIAISONS: Recreation Partnership Alderperson Whitmore reported that the Recreation Partnership Annual Meeting will be held in March and he extended an invitation to all Common Council members who wish to attend. Alderperson Korherr expressed her desire to discuss how information is distributed to Council members in their inter-office mailboxes. Mayor Peterson stated that this issue could be discussed at the upcoming Common Council retreat. 16. MAYOR’S APPOINTMENTS: By Alderperson Mackesey: Seconded by Alderperson Taylor Board of Public Works: RESOLVED, That Victoria Romanoff be appointed to the Board of Public Works to replace John Beach, with a term to expire December 31, 2006, and be it further RESOLVED, That Ray Schlather be appointed to the Board of Public Works to replace Joseph Leonardo, with a term to expire on December 31, 2006. Affirmative Action Advisory Committee: RESOLVED, That Marcia Fort be reappointed to the Affirmative Action Advisory Committee with a term to expire on December 31, 2006, and, be it further RESOLVED, That Tom West be reappointed to the Affirmative Action Advisory Committee with a term to expire on December 31, 2006, and, be it further RESOLVED, That Diann Sams be reappointed to the Affirmative Action Committee with a term to expire on December 31, 2006. Bicycle Pedestrian Advisory Council: RESOLVED, That Ron Chapman be reappointed to the Bicycle Pedestrian Advisory Council with a term to expire on December 31, 2006, and, be it further RESOLVED, That David Kay be reappointed to the Bicycle Pedestrian Advisory Council with a term to expire on December 31, 2006, and, be it further RESOLVED, That Dwight Mengel be reappointed to the Bicycle Pedestrian Advisory Council with a term to expire on December 31, 2006, and, be it further RESOLVED, That David McElrath be reappointed to the Bicycle Pedestrian Advisory Council as the DAC Liaison with a term to expire on December 31, 2006. Building Code Board of Appeals: RESOLVED, That Grace Chiang be reappointed to the Building Code Board of Appeals with a term to expire on December 31, 2006. Board of Fire Commissions: RESOLVED, That Paul Alexander be reappointed to the Board of Fire Commissioners with a term to expire on June 30, 2005. February 4, 2004 17 Board of Zoning Appeals: RESOLVED, That Constance Thomas be reappointed to the Board of Zoning Appeals as an alternate board member with a term to expire December 31, 2004. Commons Advisory Board: RESOLVED, That Joseph Gaylord be reappointed to the Commons Advisory Board with a term to expire on December 31, 2006. Community Police Board: RESOLVED, That Herb Nelson be reappointed to the Community Police Board with a term to expire on December 31, 2006. Conservation Advisory Council: RESOLVED, That Daniel Pearlstein be appointed to the Conservation Advisory Council to replace Jim Walker, with a term to expire on December 31, 2005. Design Review Board: RESOLVED, That Victoria Anagnost be reappointed to the Design Review Board with a term to expire on December 31, 2006, and, be it further RESOLVED, That Grace Chiang be reappointed to the Design Review Board with a term to expire on December 31, 2006. Examining Board of Electricians: RESOLVED, That Richard Srnka be reappointed to the Examining Board of Electricians with a term to expire on December 31, 2006. Housing Board of Review: RESOLVED, That William Olney be reappointed to the Housing Board of Review with a term to expire on December 31, 2006, and, be it further RESOLVED, That Christopher Anagnost be reappointed to the Housing Board of Review with a term to expire on December 31, 2006. Ithaca Landmarks Preservation Commission: RESOLVED, That Susan E. Stein be appointed to the Ithaca Landmarks Preservation Commission to replace Nancy Falconer, with a term to expire on December 31, 2006. Parks Commission: RESOLVED, That K. Misti Wilcox be reappointed to the Parks Commission with a term to expire on December 31, 2006. Planning & Development Board: RESOLVED, That Daniel Hoffman be appointed to the Planning & Development Board to fill a vacancy, with a term to expire on December 31, 2006. Public Art Commission: RESOLVED, That Susan Blumenthal be appointed to the Public Art Commission to fill a vacancy, with a term to expire on June 30, 2005, and, be it further RESOLVED, That Matthew Braun be appointed to the Public Art Commission to fill a vacancy with a term to expire on June 30, 2005. Shade Tree Advisory Committee: RESOLVED, That Daniel Krall be reappointed to the Shade Tree Advisory Committee with a term to expire on December 31, 2006. February 4, 2004 18 Youth Bureau Board: RESOLVED, That Colleen Emerick be appointed to the Youth Bureau Board to fill a vacancy, with a term to expire on December 31, 2006, and, be it further RESOLVED, That Barton Smith be reappointed to the Youth Bureau Board with a term to expire on December 31, 2006. Carried Unanimously (9-0) Alderperson Zumoff absent from vote Recreation Partnership Board By Alderperson Whitmore: Seconded by Alderperson Korherr RESOLVED, That Joan Spielholz be reappointed to the Recreation Partnership Board as the City’s representative, with a term to expire on December 31, 2005. Carried Unanimously (9-0) Alderperson Townsend absent from vote Alderperson Cogan urged City of Ithaca residents who are interested in serving on the new Pegasys Oversight Committee to contact him. 18. COMMUNICATIONS FROM COMMON COUNCIL: 18.1 Report from Alderperson Berry on New York Conference of Mayors (NYCOM) Elected Officials Conference. Alderperson Berry reported that she represented the City at the New York Conference of Mayors workshop on January 17, 2004 in Albany, New York. She distributed FOIL information including the workshop highlights and city financial information to Common Council members for their reference. Inter-municipal Cooperation: Alderperson Mackesey invited Common Council members to attend the Town of Ithaca Board meeting on February 9, 2004 at 5:30 pm in the Town Hall as an expression of sentiment toward building a cooperative working relationship with the Town of Ithaca. Alderperson Whitmore stated that the Community Services Committee would be discussing the possibility of appointing a Common Council Liaison to the Town of Ithaca Board. Community Services Committee: Alderperson Whitmore stated that the first meeting of the Community Services Committee would be held on February 11, 2004 at 7:00 pm. 19. COMMUNICATIONS FROM THE MAYOR: 19.1 Announcement of Availability of 2004 Annual Disclosure Statements Mayor Peterson announced that the 2004 Annual Disclosure Statements for the City of Ithaca Elected Officials are on file in the City Clerk’s office and available for review Monday – Friday, 8:30 am – 4:30 pm. New York State Auditors: Mayor Peterson announced that a team of auditors from the State Comptroller’s Office is conducting risk assessments, and operational audits within city departments. Empire Zone Designation: Mayor Peterson announced that the city might have an opportunity to apply for a “boundary amendment” of the Schuyler County Empire Zone. Benefits of being in an Empire Zone include tax abatements for projects, and reimbursement to the city for abatements granted by the State. February 4, 2004 19 20. REPORT OF THE CITY CLERK: City Clerk Holcomb reminded Common Council that appointments to the City of Ithaca Board of Assessment Review need to be made at the April, 2004 Common Council meeting. Appointees must be city residents and cannot be elected officials. 22. REPORT OF THE CITY ATTORNEY: City Attorney Luster reported that he is working in conjunction with the Mayor’s Office and the City Clerk’s Office to host a workshop on the Freedom of Information Law with Bob Freeman, Executive Director of the Committee on Open Government. He stated that he is hoping to have several sessions so that city employees, elected officials, and community members will have an opportunity to participate. 23. ADJOURNMENT: On a motion the meeting adjourned at 11:35 P.M. ________________________ _______________________ Julie Conley Holcomb, CMC Carolyn K. Peterson City Clerk Mayor