HomeMy WebLinkAboutMN-CC-2004-03-03 COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 7:00 pm March 3, 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
Superintendent of Public Works – Gray
Human Resources Director – Michell-Nunn
Police Chief - Loo
PLEDGE OF ALLEGIANCE:
Mayor Peterson led all present in the Pledge of Allegiance to the American Flag.
ADDITIONS TO OR DELETIONS FROM THE AGENDA:
Community Issues Committee:
Alderperson Whitmore requested the addition of a general committee report.
No Council member objected.
COMMUNICATIONS / PROCLAMATIONS:
City Clerk Holcomb read a communication received from Renata and Robert
Ballard, City of Ithaca regarding the Taughannock Boulevard Extension project.
Mayor Peterson proclaimed the week of March 1 – 7, 2004, Peace Corps Week.
SPECIAL ORDER OF BUSINESS:
Quarterly Employee Recognition Award
Mayor Peterson presented the Quarterly Employee Recognition Award to Ronald
Maycumber, Department of Public Works for his contributions to the children of
fellow employees during the annual departmental holiday party.
Reports from Municipal Officials
Catherine Valentino, Town Supervisor of the Town of Ithaca addressed Common
Council to voice her desire for the Town to work collaboratively with the city on
joint issues such as the joint fire contract, joint sewer agreement, and youth
services.
Richard Booth, Third Ward Representative to the Tompkins County Legislature
reported to Common Council on the following issues:
Reorganization of TCAT
Proposed increase in mortgage tax
Comprehensive Plan
Expansion of County Jail
County Highway Department Realignment
County Emergency Response Center
Countywide Communications Center
March 3, 2004
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Inter-municipal Issues
Future of Tompkins County Airport
2005 budget challenges
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
The following people addressed Common Council:
Richard Livingston, Town of Ithaca – Same Sex Marriage
Lynne Cohen, Manager of Cinemapolis – Phase II of the Cayuga Green Project
and the proposed multiplex theater
Joel Harlan, Town of Newfield – Affordable housing on West Hill
RESPONSE TO PUBLIC:
Alderpersons Zumoff, Whitmore, Berry, and Coles responded to comments made
about the proposed multiplex theater in Phase II of the Cayuga Green project.
Alderpersons Whitmore, Mackesey and Taylor responded to comments made
regarding same sex marriages.
Mayor Peterson responded to comments made regarding same sex marriages
and the comments that have been received in the Mayor’s office regarding the
city’s stance.
CONSENT AGENDA:
Alderperson Holtham Korherr requested that Item 7.3 Police Department –
Request to Amend Personnel Roster, be removed from the consent agenda and
placed as Item 9.4 on the City Administration Committee Agenda.
Alderperson Zumoff requested that Item 7.7 Planning Department – Request to
Amend 2004 Budget to Account for Director of Economic Development, be
removed from the consent agenda and placed as Item 9.5 on the City
Administration Committee Agenda.
7.1 Youth Bureau – Request to Amend 2004 Youth Bureau Budget -
Resolution
By Alderperson Whitmore: Seconded by Alderperson Mackesey
WHEREAS, the Ithaca Youth Bureau has been notified it will receive additional
funding of $4,620 from the New York State Office of Mental Retardation and
Development Disabilities, and
WHEREAS, the additional money will be used for Family Support funding for
Summer Program Inclusion; now, therefore, be it
RESOLVED, That Common Council hereby amends the 2004 Youth Bureau
Budget as follows:
Increase Revenue Account:
A7310-3820-1601 State Aid Youth Programs $4,620
Increase Appropriation Accounts:
A7310-5120-1601 Hourly/PT $4,200
A7310-9030 FICA/Medicare 322
A7310-9040 Workers’ Comp. 98
$4,620
Carried Unanimously
March 3, 2004
3
7.2 Youth Bureau – Request to Amend Youth Bureau Personnel Roster
for Reduction of Hours - Resolution
By Alderperson Whitmore: Seconded by Alderperson Mackesey
WHEREAS, Joby Greenspun, a member of the Youth Bureau 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, the Youth Bureau will be able to
honor this request without significantly impacting services; now, therefore, be it
RESOLVED, That Common Council hereby amends the Youth Bureau 2004
Personnel Roster as follows:
Reduce: One (1) Recreation Specialist (RMS Program) from 30 hours
per week to 17.5 hours per week from March 8, 2004 until
December 31, 2004
and be it further
RESOLVED, That Common Council authorizes the Controller to transfer
$4,391.95 from account A7310-5110-1600 RMS Staff Salaries to account A7310-
5120-1601 Hourly PT/Seasonal RMS Youth and account A7310-5120-1602
Hourly PT/Seasonal RMS Adult.
Carried Unanimously
7.4 DPW/IAWWTP – Request to Approve Memorandum of Project
Understanding for NYSERDA Cost Savings Program - Resolution
By Alderperson Whitmore: Seconded by Alderperson Mackesey
WHEREAS, Malcolm Pirnie, Civil and Environmental Consulting Engineers, and
Siemens Building Technologies, Electrical Metering Sub-Consultants have
approached the Ithaca Area Wastewater Treatment Plant (IAWWTP) to join in a
study as one of the few select facilities asked to participate in an evaluation of
energy usage, and
WHEREAS, the program is sponsored by the New York State Energy Research
and Development Authority (NYSERDA) to identify direct energy cost savings
opportunities through the analysis of submetered processes and operations, and
WHEREAS, the program will evaluate the optimization of the plant’s secondary
aeration system by balancing automatically controlled air supply systems to
dissolved oxygen levels, and the evaluation of daily energy consumption with that
of usage demands in the power grid, and the evaluation of higher efficiency
lighting and/or HVAC modifications, and the evaluation of the efficiency of
wastewater treatment chemicals to that of the levels of dissolved oxygen, and
WHEREAS, the study is based on a NYSERDA total project award of $40,793.00
in which as joint participant in the project, the IAWWTP would be required to
provide 25% through local in-kind services and/or equipment purchases, and
WHEREAS, the IAWWTFP will contribute personnel and equipment totaling
$10,200.00, which has already been budgeted, and
WHEREAS, staff have reviewed said project with the Special Joint Committee
who recommend that the board approve the Memorandum of Project
Understanding among the IAWWTP, Malcolm Pirnie, Siemens Building
Technologies and NYSERDA; now, therefore, be it
March 3, 2004
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RESOLVED, That Common Council hereby approves the engineering study
among the IAWWTP, NYSERDA, Malcolm Pirnie, and Siemens Building
Technologies, and be it further
RESOLVED, That the Assistant Superintendent for Water and Sewer be
authorized to sign the Memorandum of Project Understanding on behalf of the
IAWWTP.
Carried Unanimously
7.5 DPW/Water/Sewer – Request Extension of Personal Service Contract
for On-Site AutoCAD Training Services - Resolution
By Alderperson Whitmore: Seconded by Alderperson Mackesey
WHEREAS, Common Council approved at a regular meeting January 15, 2003,
an extension of an on-site AutoCAD training service contract at Water and Sewer
and other City departments for Michael Ocello for the year 2003, and
WHEREAS, the Water and Sewer Division requests an extension of that contract
to December 31, 2004 at a $22.55 hourly rate, and
WHEREAS, the retirements of September 2002 and pending transitions in the
Water and Sewer Division related to the division 2004 work program and
computer drafting skills will sustain the need for specialized and experienced
manpower to maintain the overall operations of the division; now, therefore, be it
RESOLVED, That Common Council hereby authorizes the Assistant
Superintendent of Public Works for Water and Sewer to extend the independent
contract for on-site AutoCAD training with Michael Ocello for the period from
January 1, 2004 to December 31, 2004, to be reimbursed at the rate of $22.55
per hour, for a total contract extension not to exceed $23,452, and be it further
RESOLVED, That the funds for said contract shall be derived from Water and
Sewer operating accounts and Capital Project #509 or #606.
Carried Unanimously
7.6 DPW/Water & Sewer – Request Extension of Personal Service
Contract for On-Site Water & Sewer Operations Support - Resolution
By Alderperson Whitmore: Seconded by Alderperson Mackesey
WHEREAS, the Water and Sewer Division requests an extension of a contract
originally approved in 2002 with Kenneth Harding at a $24.50 hourly rate, and
WHEREAS, the Water & Sewer Division is requesting to extend the contract to
December 31, 2004 at a new hourly rate of $25.25, and
WHEREAS, his retirement of September 2002 and pending transitions in the
Water and Sewer Division related to the division 2004 work program and State
and Federal mandated vulnerability assessments and physical improvements will
sustain the need for specialized and experienced personnel to maintain the
overall operations of the division; now, therefore, be it
RESOLVED, That Common Council hereby authorizes the Assistant
Superintendent of Public Works for Water and Sewer to extend the independent
contract for on-site support of Kenneth Harding for the period from September 6,
2003 to December 31, 2004, to be reimbursed at the rate of $25.25 per hour, for
a total contract extension not to exceed $27,475, and be it further
RESOLVED, That the funds for said contract shall be derived from Water and
Sewer operating accounts and Capital Project #509, #511, or #606.
Carried Unanimously
March 3, 2004
5
PLANNING, NEIGHBORHOODS & ECONOMIC DEVELOPMENT
COMMITTEE:
8.1 An Ordinance to Amend Chapter 176 of the City of Ithaca Municipal
Code Entitled “Environmental Quality Review”
By Alderperson Tomlan: Seconded by Alderperson Korherr
WHEREAS, On December 3, 2003, the Common Council adopted a revised
CEQR ordinance, and
WHEREAS, when the CEQR Ordinance was adopted minor changes were
inadvertently omitted from the final adopted document, and
WHEREAS, the City of Ithaca Common Council recognizes that these are minor
corrections to the adopted ordinance, and
WHEREAS, these changes to the City Ordinance are not subject to
environmental review, and now therefore
ORDINANCE 04-
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca
as follows:
Section 1.
Section 176-4 (B) (1) (l) of Chapter 176 of the City of Ithaca Municipal Code
Entitled “Environmental Quality Review” is hereby amended to read as follows:
§ 176-4. Type I Actions
…
B. The following actions are Type 1 if they are to be directly undertaken, funded
or approved by an agency:
1. The construction of any of the following:
…
(l) Any other type of residential or lodging facility, dormitory,
fraternity, sorority (if residential must be [ > ] greater than 10,000 [ SF ] square
feet), rooming or boarding house, tourist home or facility, motel, hotel or boatel of
15 or more sleeping units, as those terms are defined in the Zoning Law
Section 2.
Section 176-5 subsections (B) and (C) are hereby amended to read as follows:
§ 176-5 Type II Actions.
A. …
B. [ Each agency ] The City may adopt its own list of Type II actions to
supplement the actions in subdivision C of this section. [ No agency is bound by
an action on another agency’s Type II list. An agency that identifies an action as
not requiring any determination or procedure under this Chapter is not an
involved agency. ] Each of the actions on the Type II list must:
C. The following actions (and any action listed in §617.5 of SEQR as
amended) are not subject to review under this Chapter:
…
[ 36. Actions undertaken, funded or approved prior to the effective dates
set forth in SEQR (see Chapters 228 of the Laws of 1976, 253 of the Laws of
1977 and 460 of the Laws of 1978) except in the case of an action where it is still
practicable either to modify the action in such a way as to mitigate potentially
adverse environmental impacts, or to choose a feasible or less environmentally
March 3, 2004
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damaging alternative, the Commissioner may, at the request of any person, or on
his/her own motion, require the preparation of an environmental impact
statement; or, in the case of an action where the responsible agency proposed a
modification of the action and the modification may result in a significant adverse
environmental impact on the environment, an environmental impact statement
must be prepared with respect to such modification; ]
[37.] 36. Actions requiring a certificate of environmental compatibility and
public need under articles VII, VIII or X of the Public Service Law and the
consideration of, granting or denial of any such certificate;
[ 38. Actions subject to the class A or class B regional project jurisdiction
of the Adirondack Park Agency or a local government pursuant to §807, 808 and
809 of the Executive Law, except class B regional projects subject to review by
local government pursuant to §807 of the Executive Law located within the Lake
George Park as defined by subdivision one of §43-0103 of the Environmental
Conservation Law; and ]
Section 3.
Section 176-14 Subsection C is hereby amended to read as follows:
§ 176-14 Individual Agency Procedures to Implement CEQR.
…
C. All agencies are subject to the lists of Type I and Type II actions
contained in this Chapter, and must apply the criteria provided in §176-7 C. of
this Part. [ In addition, agencies may adopt their own lists of Type I actions, in
accordance with §176-4 of this Part and their own lists of Type II actions in
accordance with §176-5 of this Part.]
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
8.2 Proposed Revisions to the Waterfront Zoning Districts
A. Determination of Environmental Significance – Resolution
By Alderperson Tomlan: Seconded by Alderperson Whitmore
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
March 3, 2004
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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 need for additional parking in the
Inlet Island area. Planning and Development Director Van Cort explained that
the Waterfront Zoning District does not impact parking, and that the existing
zoning would need to be reviewed. Alderperson Tomlan stated that the Inlet
Island Design Plan sets forth guidelines for parking in the area.
Alderperson Holtham Korherr expressed concerns regarding the abandoned
portion of Taughannock Boulevard as it relates to maintenance concerns.
Superintendent of Public Works Gray responded that the city still controls the
property, and that it would eventually be developed as a parking lot.
A vote on the Resolution resulted as follows:
Carried Unanimously
B. An Ordinance to Amend the Municipal Code of the City of Ithaca,
Chapter 325, Entitled “Zoning” to Amend the Waterfront Zoning District
By Alderperson Tomlan: Seconded by Alderperson Berry
Ordinance 04-03
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca
as follows:
Section 1. Declaration of Legislative Findings and Purpose
The Common Council finds that this Ordinance:
1. Will help to create greater public access to the waterfront.
2. Will guide development in this area of the City for the purpose of
creating a unique waterfront experience.
3. Allows the City to enhance the value of waterfront property in this area
of the City.
4. Allows the City to create an area on the water having multi-story
buildings intended for mixed use.
5. Will protect and enhance views of the waterfront and surrounding
areas for public enjoyment.
Section 2:
Chapter 325, Section 325-3(B) of the Municipal Code of the City of Ithaca,
entitled “Definitions and word usage,” is hereby amended to add the following
definition:
OCCUPIABLE SPACE—A space that is in compliance with building, housing and
zoning codes, that is eligible to receive a certificate of occupancy for commercial,
March 3, 2004
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residential, institutional, educational, or other similar uses, not to include storage
or warehousing uses.
Section 3:
Chapter 325, Section 325-5 of the Municipal Code of the City of Ithaca is hereby
amended to change The Official City of Ithaca Zoning Map to move the
boundaries of the WF-1c and the WF-1d zones as seen on the attached map
entitled Inlet Island Revised Waterfront Zone 2/25/04.
Section 4:
Section 325-8 of the Municipal Code of the City of Ithaca is hereby amended as
follows to establish district regulations for the new WF-1 district as follows:
Permitted Primary Uses
1. Any use permitted in B-2.
2. Parking Lot.
3. Recreational or cultural facility such as a park, playground, art museum,
fishing pier or yacht club.
4. Public Recreation.
5. Boatel.
6. Sale, rental, or repair of marine related recreation equipment such as boats,
marine engines, sails, cabin equipment.
7. Light manufacture of marine recreation related products involving substantial
hand fabrication such as sails, boat hulls, cabin fittings.
Permitted Accessory Uses
1. Any accessory use permitted in the B2 zone.
2. Boat fuel dispensing.
3. Snowmobile sales, service, rental in conjunction with boat sales, rental or
service.
4. Storage of marine related recreation equipment such as boats, marine
engines, sails, cabin equipment as it relates to permitted primary uses under
zoning.
Off-Street Parking Requirements – None
Off-Street Loading Requirements – None
Area in Square Feet – 3,000
Width in Feet at Street Line – 30
Maximum Building Heights:
Waterfront – WF-1a, no building allowed.
Waterfront –WF-1b, one story, 12 - 15 feet with an additional 5 feet for
cornice allowed.
Waterfront – WF-1c, Maximum 3 stories. 12 – 15 feet for first story
measured from grade, 12 feet for each additional
story, with an additional 5 feet for cornice allowed.
Waterfront – WF-1d, Maximum 5 stories, 12 – 15 feet for first story
measured from grade, 12 feet for each additional
story, with an additional 5 feet for cornice allowed.
(Refer to Code of the City of Ithaca, Chapter 325, Zoning, Section 325-3.B.,
Definitions and Word Usage, HEIGHT OF BUILDING)
Maximum percent lot coverage by buildings except as required for rear yard.
1. On parcels of fifty (50) feet or less in width at street line, 100% lot coverage is
allowed except as may be required for provision of pedestrian ways and
protection of view corridors.
Deleted: ¶
March 3, 2004
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2. On parcels with three or more boundaries greater than fifty (50) feet, 90% lot
coverage is allowed except as may be required for provision of pedestrian
ways and protection of view corridors.
Yard Dimensions
Front Yard – None
Side Yards – None
Rear Yard – 10 Feet Minimum
Minimum Height, See also additional restrictions for waterfront properties
WF-1a – 0 feet
WF-1b – 12 feet
WF-1c – 24 feet
WF-1d – 36 feet
Two Story Minimum:
Any building constructed within the WF-1c zone shall have a height of at least 24
feet or have two occupiable stories covering 75% or more of the footprint of the
building.
Three Story Minimum:
Any building constructed within WF-1d zone shall have a height of at least 36
feet and have three occupiable stories covering 75% or more of the footprint of
the building. As an alternative within this zone, a building may satisfy the
minimum height requirement if 75% of the building over its footprint is at least 36
feet in height and has two or more occupiable stories.
Additional Restrictions for Waterfront Properties:
Cayuga Inlet
Properties in the WF-1C zone that are located adjacent to the Cayuga Inlet must
have a height of at least 24 feet and must have a minimum of two occupiable
stories covering 75% or more of the footprint of the building. The lower level of
occupiable space may be substituted with an area for boat docking. In addition,
no new structure shall be located nearer than twelve (12) feet to the top of the
bulkhead or the top of the bank of the Cayuga Inlet. A building may be located
nearer than twelve (12) feet if a provision is made for a public access covered
walkway with a minimum width of 12-feet and a minimum floor to ceiling height of
10-feet, along the waterfront. Buildings may also be located nearer than twelve
feet to the top of the bulkhead or to the top of the bank of the Cayuga inlet if
water dependent uses are located on the ground floor. In which case, provision
shall be made for a public walkway to be located adjacent to the building at a
location to be approved during site plan review.
Flood Control Channel
For properties in the WF-1d zone that are located adjacent to the Flood Control
Channel, no new structure shall be located nearer than forty (40) feet from the
outside edge of the bulkhead or from the top of the bank of the Flood Control
Channel. The first 20 feet in depth of any new structure facing the Flood Control
Channel shall be a minimum of 2 stories or a minimum building height of 24 feet
and a maximum of 3 stories or a maximum building height of 39 feet covering
75% or more of the footprint of the building.
(Refer to Code of the City of Ithaca, Chapter 325, Zoning, Section 325-3.B.,
Definitions and Word Usage, STORY, OCCUPIABLE SPACE)
March 3, 2004
10
Section 5:
Chapter 325, Section 325-16 of the Municipal Code of the City of Ithaca entitled
“Height Regulations” is hereby amended to add a new subsection to read as
follows:
“Notwithstanding anything to the contrary contained herein, in the WF-1
district:
(1) No building shall be erected in any of the areas designated WF-1a on
the official City of Ithaca Zoning Map, a copy of which map is on file in
the Ithaca City Clerk’s Office.
(2) No building shall be erected that is greater than one story tall in any of
the areas designated WF-1b on the official City of Ithaca Zoning Map,
a copy of which is on file in the Ithaca City Clerk’s Office.
(3) No building shall be erected that is less than two stories or greater than
three stories for at least 75% of the building area, in any of the areas
designated WF-1c on the official City of Ithaca Zoning Map, a copy of
which is on file in the Ithaca City Clerk’s Office.
(4) No building shall be erected that is less than three stories or greater
than five stories for at least 75% of the building area in any of the
areas designated WF-1d on the official City of Ithaca Zoning Map, a
copy of which is on file in the Ithaca City Clerk’s Office.
(5) The restrictions contained in this section shall not apply to buildings
less than 15 feet (maximum) in height, which are intended, designed
and maintained as amenities for adjacent trails such as gazebos and
rest rooms.
(6) The restrictions contained in this section shall not apply to existing
buildings within the designated areas. Such existing buildings may be
maintained and repaired provided their height and footprint are not
altered so as to make the buildings non-compliant with the restrictions
of this subdivision.
Section 6:
Chapter 325, Section 325-18(C) of the Municipal Code of the City of Ithaca
entitled “Yard Regulations” is hereby amended to read as follows:
C. Reduction in rear yards. When a lot is less than 100 feet deep at the time of
passage of this chapter, such rear yard requirement may be decreased 1/4 of the
distance that the lot depth is less than said 100 feet; provided, however, that no
rear yard in any district other than B-1b, B-2b, B-3, WF-1a, WF-1b, WF-1c, WF-
1d or P-1 shall be less than 20 feet in depth. (See illustration below.) [Amended
4-1-1981 by Ord. No. 81-2]
Section 7:
Chapter 325, Section 325-20 of the Municipal Code of the City of Ithaca entitled
“Off-Street Parking” is hereby amended to add a new subsection to be known as
subdivision (A) (4) (c) to read as follows:
“(1) Notwithstanding anything contained herein to the contrary, there will
be no off-street parking requirements in the WF-1 district.
Section 8:
Chapter 325, Section 26 of the Municipal Code of the City of Ithaca entitled “New
structures along the streams or Inlets” is hereby amended to read as follows: No
new structure shall be located nearer than 20 feet to an inlet wall or to the bank
of an inlet channel or stream, measured at an average water level, except for
those structures directly connected with marine or public or commercial
recreation activities. Properties located within the waterfront zoning district are
exempt from this requirement.
March 3, 2004
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Section 9:
The City Planning and Development Board, the City Clerk and the Planning
Department shall amend the zoning map and the district regulations chart in
accordance with the amendments made herewith.
Section 10:
Effective date. This ordinance shall take affect immediately and in accordance
with law upon publication of notices as provided in the Ithaca City Charter.
Carried Unanimously
8.3 Support for the “Updated And Amended Downtown Ithaca
Development Strategy:2000-2010” - Resolution
By Alderperson Tomlan: Seconded by Alderperson Coles
WHEREAS, downtown Ithaca is the physical, cultural, governmental, and
emotional center of the greater Ithaca community, and
WHEREAS, downtown Ithaca is enjoyed and shared and is reflective of the
identity of the greater Ithaca community, and
WHEREAS, the vitality of downtown Ithaca is important to us all and will benefit
by having a long term strategy, and
WHEREAS, the Common Council did, on May 2, 2001, pass a resolution
endorsing and supporting the 2000-2010: Downtown Development Strategy, and
WHEREAS, since the time the 2000-2010: Downtown Development Strategy
was written, the City has made significant progress towards the type of
downtown development that was envisioned by this strategy, and
WHEREAS, the Ithaca Downtown Partnership has revised and updated the
strategy to reflect the changes that have taken place since the original document
was written, and
WHEREAS, the document is meant to be a blueprint for the future growth and
revitalization of downtown that will help guide the allocation of staff and financial
resources to downtown, now, therefore be it
RESOLVED, That the Common Council of the City of Ithaca does hereby strongly
endorse and support the “Updated And Amended Downtown Ithaca Development
Strategy:2000-2010” and will work to use it as a tool for future growth and
revitalization when making decisions for downtown Ithaca.
Alderperson Berry disclosed that she is a voting member of the Ithaca Downtown
Partnership Board.
A vote on the Resolution resulted as follows:
Carried Unanimously
9. CITY ADMINISTRATION COMMITTEE:
9.1 DPW – Request for Repair/Upgrade of Heating System in Streets and
Facilities Building - Resolution
By Alderperson Berry: Seconded by Alderperson Townsend
WHEREAS, the 1984 heating system in the DPW Streets and Facilities Building
is failing with increasing maintenance costs and the inability of finding parts due
to its age, and
WHEREAS, DPW staff is recommending replacement of the heating system and
installation of fresh air intakes at an estimated cost of $35,000, and
WHEREAS, the DPW operating budget cannot fund such a large unanticipated
replacement, and
March 3, 2004
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WHEREAS, the City has a DPW Capital Reserve established for equipment
replacement with a balance of $53,000 that can be used for said cost; now,
therefore, be it
RESOLVED, That Common Council hereby authorizes the DPW to replace and
upgrade the Streets and Facilities Building heating system at a cost not to
exceed $35,000, and be it further
RESOLVED, That the funds needed for the heating system replacement shall be
derived from Capital Reserve #23 DPW Equipment.
Carried Unanimously
9.2 Common Council – Request Transfer of Funds for Second Quarter
Funding for Southside Community Center - Resolution
By Alderperson Berry: Seconded by Alderperson Townsend
WHEREAS, the Southside Working Group formed in November 2003 to address
the future relationship among the Southside Community Center, Inc., the City of
Ithaca and the Greater Ithaca Activities Center (GIAC), Inc. and
WHEREAS, the Southside Working Group is formulating options for the
successful collaboration among 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 City of Ithaca Common Council has placed $68,000 for the
Southside in Restricted Contingency Account number A1990 in order to
encourage such collaboration, and
WHEREAS, the City, through the County Sales Tax Agreement, has an
additional $21,365 established for Southside Community Center funding
producing a total 2004 funding amount to Southside of $89,365, and
WHEREAS, at their regular meeting on January 7, 2004, Common Council
approved funding $17,000 for Southside Community Center from Unrestricted
Contingency for the first quarter operations of 2004, and
WHEREAS, the Southside Community Center will not be able to operate without
funds from the City of Ithaca, and
WHEREAS, the City of Ithaca Common Council needs further information before
it considers the appropriation of the remaining $72,365 held by the City for the
Southside; now, therefore, be it
RESOLVED, That Common Council hereby approves an amount not to exceed
$17,000.00 be transferred from Restricted Contingency account #A1990 to the
Southside Community Center account #A7312-5435, and be it further
RESOLVED, That an additional $10,682.50 shall be issued to Southside
Community Center from the 2004 Sales Tax Agreement funds, and be it further
RESOLVED, That the Southside Community Center use these funds to maintain
operations and programs through June 30, 2004.
Discussion followed on the floor regarding the Tompkins County Sales Tax
Agreement. Alderperson Berry explained that these funds are reserved specifically
for the Southside Community Center.
A vote on the Resolution resulted as follows:
Carried Unanimously
March 3, 2004
13
9.3 Common Council – Request Funds to Purchase a Used
Shuttle/Hazardous Materials Bus - Resolution
By Alderperson Berry: Seconded by Alderperson Cogan
WHEREAS, the City established a shuttle bus program to alleviate some of the
parking problems that are occurring due to the construction of the Cayuga Green
Garage, and
WHEREAS, the shuttle van used for this program is difficult for more than three
people to ride at a time, and
WHEREAS, the City has an opportunity to purchase a used shuttle bus at an
estimated cost of $18,000 that would better fit the shuttle program needs and could
be used as the Ithaca Fire Department’s Hazardous Materials Response Team
vehicle, and
WHEREAS, the current shuttle van could be reallocated to the Youth Bureau and
GIAC for use as a needed new program van, and
WHEREAS, funds needed for said bus purchase could be derived from existing
Hazardous Materials Fire Department Funds of $8,000, capital funds of $5,000 and
no more than $5,000 from the Unrestricted Contingency account; now, therefore,
be it
RESOLVED, That Common Council hereby authorizes the Controller’s Office to bid
for the purchase of a used shuttle bus to be initially used as the parking shuttle bus
and ultimately used as the Ithaca Fire Department Hazardous Materials Response
Team vehicle, and be it further
RESOLVED, That Common Council hereby authorizes a transfer of an amount not
to exceed $5,000 from account A1990 Unrestricted Contingency to A3410-5215 for
the purpose of partially funding said bus acquisition, and be it further
RESOLVED, That the total funds needed for the Shuttle Bus/Hazardous Materials
vehicle purchase shall be derived as follows:
Unrestricted Contingency $ 5,000
IFD Fund (from County) 8,000
Capital Project #474 5,000
$18,000
Discussion followed on the floor regarding the shared use of the van between the
Youth Bureau and GIAC. Alderperson Cogan stated that the Youth Bureau
would have custody of the van. Further discussion followed regarding the use of
the Cayuga Green capital project funding.
Alderperson Mackesey suggested that the issue of development of a
transportation program for city, town and county employees during downtown
construction should be referred to the Community Services Committee.
A vote on the Resolution resulted as follows:
Carried Unanimously
9.4 Police Department – Request to Amend Personnel Roster -
Resolution
By Alderperson Berry: Seconded by Alderperson Mackesey
RESOLVED, That the Personnel Roster of the Ithaca Police Department be
amended as follows:
Add: One (1) Data Entry Specialist (40 hours)
and be it further
March 3, 2004
14
RESOLVED, That the position of Data Entry Specialist be assigned to the CSEA
Administrative Unit at Salary Grade 2, and be it further
RESOLVED, That the money to hire the Data Entry Specialist will be derived
from the Police Department’s existing 2004 budget.
Extensive discussion followed on the floor with Alderperson Holtham Korherr
expressing concern that positions are being filled independently, as opposed to a
comprehensive approach that would assist the city in attaining its goals. She
further expressed a desire to restore services to the public that have been
eliminated, and that this position does not accomplish that goal.
Alderperson Cogan explained that IPD payroll and leave time information is
currently being entered into a computer system by three employees; one of
which is a Police Investigator. Funding this position at 40 hours allows the other
two employees to return to the jobs they were hired for.
Further discussion followed on the floor regarding the use of a separate software
program for payroll functions instead of the MUNIS program used by other
departments.
A vote on the Resolution resulted as follows:
Carried Unanimously
9.5 Planning Department – Request to Amend 2004 Budget to Account
for Director of Economic Development - Resolution
By Alderperson Berry: Seconded by Alderperson Whitmore
WHEREAS, the 2004 Authorized Budget included $86,320 in salary and benefit
funds in the Mayor’s Office to account for the Director of Economic Development
position; now, therefore, be it
RESOLVED, That Common Council hereby amends the 2004 Authorized Budget
to account for the retention of the Economic Development Director position in the
Planning Department as follows:
Decrease Appropriation Account:
A1210-5105 Admin. Salaries $67,976
A1210-9010 State Retirement 7,817
A1210-9030 Social Security 5,200
A1210-9040 Workers’ Compensation 543
A1210-9060 Health Insurance 4,639
A1210-9070 Dental Insurance 145
Increase Appropriation Account:
A8020-5105 Admin. Salaries $67,976
A8020-9010 State Retirement 7,817
A8020-9030 Social Security 5,200
A8020-9040 Workers’ Compensation 543
A8020-9060 Health Insurance 4,639
A8020-9070 Dental Insurance 145
Alderperson Zumoff commented that this resolution was an example of the
current Council exercising its prerogative to review decisions of a previous
Council and mayor, and it had the right, duty, and responsibility to conduct such
reviews on issues both small and large.
A vote on the Resolution resulted as follows:
Carried Unanimously
March 3, 2004
15
10. COMMUNITY SERVICES COMMITTEE:
Alderperson Whitmore reported that the charge of the Community Services
Committee has been defined as follows:
“The charge of the Community Services Committee is to evaluate current and
proposed services offered to the community by the City of Ithaca. Such
community services may include but are not limited to: police and emergency
services, youth and other human services, and public works. The Committee will
recommend policies to Common Council that create, enhance, reduce or
eliminate services to the community. The Committee is also charged with
exploring and proposing intermunicipal solutions to the needs of the residents of
Ithaca as well as neighboring municipalities. As part of our charge, the
Community Services Committee will assist the Mayor in making plans to involve
city residents in decision-making by means of town meetings and other
opportunities for public input and civic participation.”
Alderperson Whitmore further reviewed a list of possible future agenda items that
the Committee may consider.
11. GOVERNANCE COMMITTEE:
11.1 Common Council Rules of Procedure
By Alderperson Whitmore: Seconded by Alderperson Korherr
RESOLVED, That Common Council hereby adopts the following Rules of
Procedure:
I. Meetings
i. Organization Meeting
The Common Council shall meet on the first day of January after
the election at the regular place of meeting of the Common Council
for the previous year, and thereafter it shall meet at such place as it
may choose, within or without the territorial limits of the city but in
reasonable proximity thereto, and at times hereinafter provided.
ii. Regular Meetings
The Common Council shall hold regular meetings at least once
each month, on the first Wednesday of the month in Common
Council Chambers, Third Floor, City Hall, 108 E. Green Street,
unless otherwise specified by Council.
iii. Special Meetings
The Mayor or any six Council members may call a special meeting
of the Common Council by 24 hours' notice, in writing, served
personally or by mail upon the other members of the Common
Council or by leaving said notice at either their respective usual
places of business during business hours or their respective places
of abode at other times. In the absence of the Mayor, any three
Council members, may call special meetings by 24 hours' notice in
the same fashion.
iv. Voting
1) In the proceedings of the Common Council, each member
present shall have a vote except the Mayor, who shall only
have a vote when the votes of the other members are tied,
and except as hereinafter provided.
2) A majority of the members of the Common Council shall be
a quorum for the transaction of business. If a member
abstains from voting, it shall be considered as if that
member did not vote. However, a member may only
abstain from voting if that member determines that she or
he has a conflict of interest regarding the motion being
voted upon.
3) A majority vote is required to pass any motion or
resolution, except as is hereinafter provided. A vote of six
(6) or more Council members shall constitute a majority
vote.
March 3, 2004
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4) No tax or assessment shall be ordered except by a
concurring vote of a majority of all members of the
Common Council in office, including the Mayor, who shall
be entitled to vote thereon as a member of the Council,
and no tax levied, assessment bill ordered, resolution or
ordinance shall take effect until the same shall receive the
approval of the Mayor.
5) The Common Council may override any mayoral veto by a
2/3 vote of the alderpersons.
v. Collection and Distribution of Materials
1) The City Clerk shall prepare and distribute an agenda to
the members of Common Council for each meeting of
Common Council at least four days before each meeting
2) Staff designated by the appropriate body shall distribute to
the members of Common Council an agenda of the Board
of Public Works, Planning and Development Board, Ithaca
Landmarks Preservation Commission and Board of Zoning
Appeals at least four days before each meeting of said
boards.
3) Agendas for each meeting of each Standing Committee of
Common Council will be distributed to the members of
Common Council by the department responsible for
preparing agendas and minutes for said Standing
Committee. Agendas shall include all supporting
documents, unless a member of Council indicates that they
do not wish to receive the documents for a particular
committee.
4) Each Chair of a Common Council committee shall present
agenda items pertaining to that committee in the
appropriate final format to the City Clerk no later than 4:00
p.m. on the Thursday preceding any meeting of the
Common Council and give some indication of whether the
item is for report or action. Any member of Common
Council or the Mayor may present agenda items in the
same fashion and by the same deadline to be considered
at the following regular meeting of Common Council.
5) The City Clerk shall transfer in memo or email form all
referrals or action resolutions from Common Council to the
Chair(s) of the involved Council committee(s), lay boards,
agencies, and departments.
6) All matters to be brought before Common Council should
include sufficient supporting information for Council
members to fully understand the resolution to be voted
upon.
vi. Attendance
Emergencies notwithstanding, Council members shall inform the
Council or committee chair at least three days ahead of time if they
are not able to attend a Common Council or Standing Committee
meeting.
vii. Length of Meetings
Any meeting of either a Standing Committee or Common Council
shall end after four hours unless an extension is authorized by a
majority vote of said body.
March 3, 2004
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II. Order of Business
1. Pledge of Allegiance
2. Additions To and Deletions From the Agenda
3. Proclamations/Awards
4. Special Orders of Business
5. Special Presentations Before Council
6. Petitions and Hearings of Persons Before Council
7. Privilege of the Floor – Common Council and the Mayor
8. Consent Agenda
9. Reports and Resolutions from Standing Committees
10. Reports of Special Committees
11. New Business
12. Individual Member-Filed Resolutions
13. Mayor’s Appointments
14. Reports of Common Council Liaisons
15. Report of City Clerk
16. Report of City Controller
17. Report of City Attorney
18. Minutes from Previous Meetings
19. Adjournment
(1) Pledge of Allegiance
The Mayor shall lead all present in the Pledge of Allegiance to the
Flag.
(2) Additions To and Deletions from the Agenda
No legislation may be moved for a vote at a regular meeting of the
Common Council without unanimous vote of the members unless
it first appeared on the agenda. A matter may be reported to the
Council at any time, whether or not it appears on the agenda for
that meeting,
An item may be withdrawn from the Common Council agenda
with the consent of the Mayor and either the sponsoring
committee Chair or individual member who brought the item.
(3) Proclamations/Awards
The Mayor shall announce any proclamations or awards.
(4) Special Orders of Business
Common Council will consider any agenda items or convene any
public hearings deemed of special significance.
(5) Special Presentations Before Council
It is desirable for the Common Council to hear from boards,
commissions, neighborhood associations, representatives from
other municipalities or some other group or individual in order to
get essential information for the effective maintenance of the City.
In this case, the three (3) minute time limit shall not apply.
(6) Petitions and Hearings of Persons Before Council
Persons not members of Common Council shall be accorded the
privilege of the floor and be permitted to speak for three minutes
in regards to matters within the scope of the powers of Common
Council. All persons speaking before Council will observe the
Rules of Order posted in Common Council Chambers (See
Section III (v)).
(7) Privilege of the Floor – Common Council and the Mayor
Any member of Common Council or the Mayor shall be accorded
the privilege of the floor to speak in response to any person
having made comments during the Petitions and Hearing of
People Before Council or in regard to any matters pending before
the board or any matters of significance to the residents of the
city.
March 3, 2004
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(8) Consent Agenda
The Consent Agenda shall be a listing of all resolutions and
appointments that have been designated by the Chairs of the
recommending Standing Committees, or by the Mayor, as being
routine and not likely to need or require discussion by the
Common Council, unless said agenda item requires a formal vote
in accordance with state or local law.
The resolutions and appointments listed in the Consent Agenda
are voted on as a group by the Council. Any member of the
Council may require that any resolution or appointment in the
Consent Agenda be instead included separately and individually
as part of the business of a Standing Committee or Special
Committee.
(9) Reports and Resolutions from Standing Committees
Reports – The chair of each standing committee shall give a brief
oral report of any business of that committee not scheduled for
discussion as part of the meeting agenda, followed by an
opportunity for other members of the Council to ask questions.
Motions and Resolutions – The Committee Chair shall introduce
each motion or resolution brought forward from committee by
reading the Resolved portions into the record. The Committee
Chair need not read the entire resolution. The Committee Chair
may synopsize or summarize the issues in the resolution, if so
desired.
(10) Reports of Special Committees
The Chairs of any special committees may give brief oral reports
of any business of their committees. Each report shall be
followed by an opportunity for other Council members to ask
questions. If they have any motions or resolutions, they shall
follow the sequence and procedures in No. 9 above.
(11) New Business
The Mayor may ask Common Council to consider any report or
resolution whether or not that report or resolution has been
previously reviewed by a Standing Committee.
(12) Individual Member-Filed Resolutions
Any individual Council member shall introduce any motion or
resolution that was submitted to the City Clerk by 4:00 p.m. on the
Thursday preceding the Common Council meeting and included
in the agenda for that meeting. Common Council may decide to
consider the motion or resolution, table it until a future meeting,
refer said motion or resolution to a Standing or Special
Committee, or take any other action it deems appropriate.
(13) Mayor’s Appointments
The Mayor shall present her or his appointments to Common
Council for a vote.
(14) Reports of Common Council Liaisons
Any Common Council member may provide a report related to
any board, commission or other body to which that Council
member is a liaison.
(15) Report of City Clerk
The City Clerk shall provide a report.
(16) Report of City Controller
The City Controller shall provide a report.
(17) Report of City Attorney
The City Attorney shall provide a report.
(18) Minutes from Previous Meetings
The City Clerk shall present the minutes from previous meetings
to Council. In the absence of objection or correction, the minutes
stand approved without formal motion.
March 3, 2004
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(19) Adjournment
Upon completion of the above-listed order of business, the Mayor
shall hear a motion to adjourn the meeting.
III. Order and Decorum
i. The Chair shall preserve order and decorum and shall decide all
questions of order, subject to an appeal from the Common Council
or Standing Committee.
ii. If an appeal is taken from the decision of the Chair, the Chair shall
have the right to explain the reason for the decision. The Council
or committee shall decide the case without debate, and the
question shall be stated by the Clerk or equivalent staff, “Shall the
ruling of the Chair be sustained?” The vote shall be taken by roll
call and ruling sustained by a majority of the members of Council or
Standing Committee. The Mayor does not vote in such an appeal.
iii. While the Chair or the Clerk is taking a vote or while a member has
the floor and is speaking, no other member shall speak except to
raise a point of order or a point of information.
iv. No matter concerning the medical, financial, credit or employment
history of a particular person, or matters leading to the
appointment, employment, promotion, demotion, discipline,
suspension, dismissal or removal of a particular person shall be
discussed by Council in open session, but shall instead be taken up
in executive session upon a majority vote of the total membership
of Council as provided by Sec. 105 subd. 1 f of the Public Officers
Law. In any case, Alderpersons and the Mayor shall be sensitive to
the negative impact of public statements criticizing an employee. If
the direct subject of the public criticism is the content,
implementation, or outcome of a policy, this is not considered to be
a criticism of job performance.
v. All members of the public who attend meetings of any City board,
commission or committee, including public meetings of Common
Council, shall act in accordance with the following Rules of Order
(as posted in Common Council Chambers):
1) Where public comment is scheduled on the meeting
agenda, any member of the public may address the Mayor,
Common Council, or a Council Committee in regards to
matters within the scope of the powers of Common Council
for up to three minutes.
2) Any person may address Common Council or a standing
committee of Common Council for up to three minutes during
the “Petitions and Hearings of Persons Before Council” or
“Public Comment” portion of an official meeting. A speaker
will be notified by a timekeeper when her/his time has ended.
Neither the Chair, the Mayor, nor any majority vote of the
entire body may extend the three-minute limit. A person may
address the body at any point after the “Petitions and
Hearings of Persons Before Council” or “Public Comment”
portion of the meeting upon invitation by, or permission from,
the Mayor, the Chair of the committee or by a majority vote of
the body.
3) Any person who shall desire to speak at a meeting of
Common Council, or a Council Committee shall fill out a card
stating her or his name, street address, municipality of
residence, and the topic upon which they will comment. In
completing this card each speaker will be affirming that they
have read and understand the posted Rules of Conduct.
Upon speaking, each person shall verbally state their name
and the municipality in which they reside for the record.
4) Members of the public addressing the Mayor, Common
Council, or a Council Committee shall do so in an orderly
manner.
March 3, 2004
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5) No person shall shout, use foul language, throw or slam
anything or engage in any other form of disruptive behavior.
6) No member of the public shall approach Common Council
members, the Mayor or City staff seated at the Council table,
except as detailed in Section III, v. 7, or upon request of the
Chair or a majority of the body.
7) Speakers shall give any written materials to the City Clerk or
City staff for distribution to Common Council and Committee
members.
8) If a member of the public fails to follow the Rules of Order, the
Chair shall ask the member of the public to take her or his
seat or, if seated, the Chair shall ask the member of the
public to cease any behavior in violation of the Rules of
Order.
9) If a member of the public fails to sit down after being asked, or
continues with outbursts or other behavior prohibited by these
Rules of Order while in the audience, the Chair shall ask the
member of the public to leave the room.
10) If a member of the public fails to leave the room after being
asked or continues with other behavior prohibited by the
Rules of Order, the member of the public will be subject to
arrest on the charge of Obstructing Governmental
Administration.
IV. Standing Committees
The Mayor shall appoint, at the first meeting of the Common Council in each
year or as soon thereafter as may be, all standing committees required by
the rules of the Common Council and all special committees of the Common
Council.
V. Acting Mayor and Alternate Acting Mayor
i. In case the Mayor shall be unable to perform the duties of the
Mayor's office in consequence of sickness or absence from the city
or if there shall be a vacancy in the office, at the first meeting in
each year or as soon thereafter as may be practicable, the
Common Council shall appoint by ballot one of its members to
preside at the meetings, and the presiding officer thus chosen shall
be vested with all the powers and perform all the duties of the
Mayor of the city, except as provided in the City Charter § C-
33A(1), until the Mayor shall resume the duties of the office or the
vacancy shall be filled for the unexpired term by election according
to law. The officer so appointed shall be styled "Acting Mayor" and
shall sign all necessary papers with his/her name, adding thereto
the words "Acting Mayor."
1) The Acting Mayor shall not be vested with the voting
powers of the Mayor as described in the City Charter § C-
30, but shall instead exercise the voting rights afforded
Council members other than the Mayor.
ii. The Common Council may in the same manner appoint another of
its members as Alternate Acting Mayor, to assume all the powers
and perform all the duties of the Mayor of the city in the same
manner and fashion as the Acting Mayor whenever the Acting
Mayor is required to assume the powers and duties of the Mayor's
office but is unable to do so in consequence of sickness or absence
from the city.
VI. Receipt of Reports
i. The Common Council may vote to ACCEPT in whole or in part the
report of any person, consultant, committee, task force, or other
group. Acceptance is hereby defined to mean that the Common
Council acknowledges receipt of the report and thanks its author for
it.
ii. The Common Council may vote to ENDORSE any such report in
whole or in part. Endorsement is hereby defined to mean that the
March 3, 2004
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Common Council acknowledges receipt of the report, thanks its
author for it, and concurs in its findings and/or recommendations.
iii. The Common Council may vote to ADOPT any such report in whole
or in part. Adoption is hereby defined to mean that the Common
Council acknowledges receipt of the report, thanks its author for it,
and formally commits itself to implementing its recommendations.
iv. The Common Council may vote to REJECT any such report in
whole or in part. This may be done either by voting down an
acceptance or an adoption resolution, or by passage of a resolution
of rejection. Such a resolution means that while the Common
Council has received the report, it finds it unsatisfactory and/or
does not choose to implement its findings.
VII. Rules of Procedure
In any matter of procedure not governed by these rules, the Common
Council shall be governed by Robert’s Rules of Order.
VIII. Amendment and Suspension of the Rules
i. These rules shall not be altered or amended except by two-thirds
vote of the entire Common Council, and then only after at least one
week’s notice accompanied by a written or printed copy of the
proposed alteration or amendment.
ii. These rules may be temporarily suspended by a two-thirds vote of
the Common Council.
IX. Communications between Council Members and Staff
i. Council members who need information from City staff to assist
them in developing policy or in responding to a request from a
constituent, shall transmit information requests to the department
head or directly to the department staff.
ii. Whenever Council members seek information directly from
departmental staff, the following procedures should be pursued
since individual Council members do not supervise staff nor do they
establish or change programs.
1) If the information request is more than minimal in terms of
staff time required, the Council member should direct the
inquiries to the Mayor or the chair of the committee to
which the department reports. If the Mayor or the
committee chair declines to authorize the request, an
appeal may be made to the appropriate committee; and if
that fails, to the whole Council.
iii. A Council member should never attempt to influence the conduct of
a staff person on the job. Any concerns that a Council member has
about a staff person’s conduct on the job or job performance should
be directed to the Department Head, the Mayor, the Human
Resources Director or the appropriate committee.
1) In the event that any Council member does so attempt to
influence the conduct of a City staff member on the job, the
staff person should bring this to the attention of the
department head who will in turn notify the Human
Resources Director, the Mayor and the Chair of the
committee to which the department reports.
Discussion followed on the floor regarding the rule of procedure regarding
abstentions from votes. The rules currently state that a Council member may
only abstain from a vote if they deem they have a conflict of interest. City
Attorney Luster explained that the public has a right to watch Council members
do their jobs, and abstaining from votes is an easy way to avoid difficult
decisions. Alderperson Berry stated that she thought Council members should
have to disclose the nature of their conflict.
Alderperson Coles expressed concern that the 3 -minute speaking limit is too
restrictive. She suggested that groups who designate a spokesperson to speak
on their behalf receive additional speaking time.
March 3, 2004
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Alderperson Mackesey suggested that the document be approved as is, and
comments be referred to the Governance Committee for further consideration.
Motion to Call the Question:
By Alderperson Mackesey: Seconded by Alderperson Whitmore
RESOLVED, That the Question be Called regarding the Common Council Rules
of Procedure.
Ayes (8) Mackesey, Whitmore, Berry, Zumoff, Townsend, Taylor, Cogan,
Korherr
Nays (2) Coles, Tomlan
Carried
Alderperson Berry requested a recall of the vote to Call the Question.
Motion to Call the Question:
By Alderperson Mackesey: Seconded by Alderperson Whitmore
RESOLVED, That the Question be Called regarding the Common Council Rules
of Procedure.
Ayes (7) Mackesey, Whitmore, Berry, Zumoff, Townsend, Taylor, Cogan,
Korherr
Nays (3) Coles, Tomlan, Berry
Carried
Main Motion:
A vote on the Main Motion resulted as follows:
Ayes (8) Mackesey, Whitmore, Tomlan, Zumoff, Townsend, Taylor,
Cogan, Korherr
Nays (2) Coles, Berry
Carried
REPORT OF COUNCIL LIAISONS:
Alderperson Whitmore invited members of Common Council to the Annual
Meeting of the Recreation Partnership on March 4, 2004 at 5:30 pm at the
Tompkins County Human Services Building.
15. APPROVAL OF MINUTES:
15.1 Approval of December 3, 2003, January 1, 2004, January 7, 2004
Common Council Meeting Minutes
By Alderperson Korherr: Seconded by Alderperson Coles
RESOLVED, That the December 3, 2003, January 1, 2004, January 7, 2004
Common Council Meeting Minutes be approved with corrections made by Mayor
Peterson and Common Council.
Carried Unanimously
15.2 Motion to Postpone the Approval of the February 4, 2004 Regular
Common Council Meeting Minutes
By Alderperson Whitmore: Seconded by Alderperson Mackesey
RESOLVED, That approval of the February 4, 2004 Regular Common Council
Meeting Minutes be postponed until the April 7, 2004 Common Council meeting.
Carried Unanimously
16. MAYOR’S APPOINTMENTS:
Affirmative Action Committee:
By Alderperson Whitmore: Seconded by Alderperson Korherr
RESOLVED, That Audrey Cooper be appointed to the Affirmative Action
Committee to fill a vacancy with a term to expire on December 31, 2004.
Carried Unanimously
March 3, 2004
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Affirmative Action Committee:
By Alderperson Korherr: Seconded by Alderperson Mackesey
RESOLVED, That Kenneth Lowman be appointed to the Affirmative Action
Committee to fill a vacancy with a term to expire on December 31, 2004.
After consideration of this appointment, Alderperson Korherr withdrew her motion
and Alderperson Mackesey consented.
Parks Commission:
By Alderperson Cogan: Seconded by Alderperson Korherr
RESOLVED, That Todd Miner be appointed to the Parks Commission to fill a
vacancy with a term to expire on December 31, 2006.
Carried Unanimously
Pegasys Oversight Committee:
By Alderperson Cogan: Seconded by Alderperson Coles
RESOLVED, That Ellen Morris-Knower be appointed to the Pegasys Oversight
Committee to fill a vacancy with a term to expire on December 31, 2004, and, be
it further
RESOLVED, That Wayles Browne be appointed to the Pegasys Oversight
Committee to fill a vacancy with a term to expire on December 31, 2004.
Carried Unanimously
Mayor Peterson reported that the terms of the TCAT Board members recently
appointed need to be defined with one, two, and three year terms.
COMMUNICATIONS FROM COMMON COUNCIL:
Alderperson Cogan informed Council about a new service available that is a
great way to reduce waste: Ithaca’s freecycle.org. He stated that this is a listserv
that encourages people to give things away, and helps others find the items they
need.
Alderperson Holtham Korherr responded to comments made regarding
completing “committee work” on the floor of Council. She stated that it is hard for
members of Council to attend all of the committee meetings to have their
questions resolved.
Alderperson Taylor announced that there would be a Community Forum on the
proposed Noise and Nuisance Legislation on March 9, 2004 at 7:00 pm at St.
Luke’s Lutheran Church.
COMMUNICATIONS FROM THE MAYOR:
Mayor Peterson reminded Council members of the Youth Bureau Open House
on March 8, 2004 at 7:00 pm.
Mayor Peterson announced that she has invited Robert J. Freeman, Executive
Director of the Committee on Open Government to visit Ithaca on March 29,
2004. The city will be hosting a community forum from 6:30 – 8:30 pm in the
Borg Warner Room of the Tompkins County Public Library for members of the
public interested in the Freedom of Information and Open Meetings Laws.
REPORT OF THE CITY ATTORNEY:
City Attorney Luster reported on the Court decision of Elliot vs. Boothroyd
regarding the court order to grant approval of the Cornell University West
Campus Initiative Plan. The Court reaffirmed its original decision.
City Attorney Luster further reported that the Attorney’s Office is preparing for a
legal challenge of the same sex marriage issue.
March 3, 2004
24
ADJOURNMENT:
On a motion the meeting adjourned at 9:35 P.M.
________________________ _______________________
Julie Conley Holcomb, CMC Carolyn K. Peterson
City Clerk Mayor