HomeMy WebLinkAboutMN-CC-2004-05-05COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 7:00 p.m. May 5, 2004
PRESENT:
Mayor Peterson
Alderpersons (9) Coles, Mackesey, Berry, Whitmore, Tomlan, Zumoff, Taylor,
Townsend, Cogan
OTHERS PRESENT:
City Clerk – Conley Holcomb
City Attorney – Luster
City Controller – Thayer
Planning and Development Director – Van Cort
Community Development Director – Bohn
Deputy Community Development Director - Kittel
Superintendent of Public Works – Gray
Human Resources Director – Michell-Nunn
EXCUSED:
Alderperson Holtham Korherr
PLEDGE OF ALLEGIANCE:
Mayor Peterson led all present in the Pledge of Allegiance to the American Flag.
ADDITIONS TO OR DELETIONS FROM THE AGENDA:
New Business:
Alderperson Coles requested the addition of Item 14.1 – Cover the Uninsured Initiative
– Resolution.
No Council member objected.
PROCLAMATIONS/AWARDS:
Mayor Peterson presented the City of Ithaca Distinguished Youth Award to the Ithaca
Police Explorer Post #392.
Mayor Peterson proclaimed the month of May, 2004 as Mental Health Awareness
Month.
Mayor Peterson proclaimed the week of May 10-16, 2004 as Cover the Uninsured
Week.
Mayor Peterson proclaimed the week of May 2-8, 2004 as Municipal Clerk’s Week and
expressed her thanks to City Clerk Julie Conley Holcomb, and Information Management
Specialists Sarah Myers and Cindie Day for their exceptional service to the City of
Ithaca.
SPECIAL ORDER OF BUSINESS:
4.1 Common Council’s Appointment to the Local Advisory Board of
Assessment Review – Resolution
By Alderperson Whitmore: Seconded by Alderperson Mackesey
RESOLVED, That Edward Finnegan and Callista F. Paolangeli be appointed to the
Local Advisory Board of Assessment Review.
Carried Unanimously
May 5, 2004
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4.2 A Public Hearing on the City of Ithaca Consolidated Plan and Action Plan
Development HUD Entitlement Program. This is the second of two public
hearings to gain public input on development of the City of Ithaca’s 2004-2008
Consolidated Plan and the FY 2004 Action Plan for the HUD Entitlement program.
Resolution to Open Public Hearing
By Alderperson Tomlan: Seconded by Alderperson Zumoff
RESOLVED, That the Public Hearing on the City of Ithaca Consolidated Plan and
Action Plan Development HUD Entitlement Program be declared open. This is the
second of two public hearings to gain public input on development of the City of Ithaca’s
2004-2008 Consolidated Plan and the FY 2004 Action Plan for the HUD Entitlement
program.
Carried Unanimously
The following people addressed Common Council:
Fay Gougakis, City of Ithaca, Economic Development loan funds
Joel Harlan, Town of Newfield, high rents downtown
The following people spoke in support of additional funding for the Mutual Housing
Association (MHA).
Marcus Goines, City of Ithaca
Phoebe Brown, City of Ithaca
Suzanne Burnham, City of Ithaca
Kathleen O’Neil, City of Ithaca
Kathleen Simpson, City of Ithaca
Resolution to Close Public Hearing:
By Alderperson Cogan: Seconded by Alderperson Tomlan
RESOLVED, That the Public Hearing on the City of Ithaca Consolidated Plan and
Action Plan Development HUD Entitlement Program be declared closed. This is the
second of two public hearings to gain public input on development of the City of Ithaca’s
2004-2008 Consolidated Plan and the FY 2004 Action Plan for the HUD Entitlement
program.
Carried Unanimously
SPECIAL PRESENTATIONS BEFORE COUNCIL:
Tompkins County Legislator Richard Booth – District 3 reported to Council on the
following matters:
Cayuga Green electrical solar panel mitigation plan
Ongoing inter-municipal discussions regarding improved efficiencies and cost
reductions
Tompkins County Highway Department reorganization
TCAT restructuring
2005 County budget goals
Future of the Tompkins County Airport: budget and management structures
Joseph Wetmore, Ad-hoc member of the Ethics Sub-committee addressed Council to
express his concern regarding the removal of the “Alliances/ Allegiances” text from the
Annual Disclosure Form. He discussed the Cornell University “Commitment Policy”,
and the importance of having potential conflicts of interest disclosed on the form.
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
The following people addressed Common Council:
Dooley Keifer, Tompkins County Legislature – TCAT Reorganization legislation
Richard Livingston Lackner, Town of Ithaca – Same gender marriage; police
harassment at Stewart Park; street closures
Joel Harlan, Town of Newfield – Collegetown parties; Southwest area development
Jennifer Dotson, City of Ithaca, BPW, BPAC, Planning Board – Taughannock Blvd
Extension Study
Bernie Fetterly, City of Ithaca – Health care issues and the “Cover the Uninsured” Week
May 5, 2004
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Rebecca Elgie, City of Ithaca – The need for health care access for all city residents
Mary Shelley, City of Ithaca – Personal Watercraft Ordinance
Fay Gougakis, City of Ithaca – Cornell Vet School EIS Statement; Personal Watercraft
Ordinance; Noise Ordinance; Speeding in the city; cell phone rules for the Public Library
PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR:
Alderperson Berry thanked the speakers who addressed their comments and concerns
regarding affordable and accessible housing. She further responded to comments
made about the Annual Disclosure Forms, same gender marriage, the Taughannock
Blvd Extension Study, and speeding on Plain Street.
Alderperson Zumoff thanked Ithaca Police Officer Christine Barksdale for her work with
the Citizen Police Academy. Alderperson Zumoff recently completed the Academy and
highly recommended the program.
Alderperson Mackesey thanked the Ithaca Police Department Officers who worked on
Prospect Street during the last day of Ithaca College classes and commended the fine
job they did. She further thanked the residents of the Mutual Housing Association for
addressing Council with their concerns. Alderperson Mackesey announced that Water
Resources Council would be sponsoring Water Week events on May 7, 2004 at
Pyramid Mall and May 8, 2004 at the Farmer’s Market.
Alderperson Townsend offered a reminder to Cornell students to be mindful of their
neighbors and the residents around them during Senior Week festivities.
Alderperson Whitmore thanked the speakers from the Mutual Housing Association. He
further voiced his support for same gender marriage, and responded to comments
made about the need for a transportation demand management study. Alderperson
Whitmore expressed his desire to conduct public hearings on a date separate from the
date of consideration of the legislation.
CONSENT AGENDA ITEMS:
City Administration:
8.1 Common Council – Request to Amend 2004 Budget for County Community
Celebrations Funds
By Alderperson Berry: Seconded by Alderperson Coles
WHEREAS, Tompkins County recently notified the City of $3,330 in grant funds from
the County to the City for Community Celebrations funds, and
WHEREAS, the $3,330 in funds would need to be disbursed to the following
celebrations:
Rock the Arts $ 700
Juneteenth 2004 1,115
National Night Out – Northside 300
Scarecrow Jubilee 1,215
$3,330
Now, therefore, be it
RESOLVED, That Common Council hereby accepts the $3,330 in Community
Celebrations Grant Funds from Tompkins County and amends the 2004 Budget to
account for said grant as follows:
Increase Revenue Account:
A2377 $3,330
Increase Appropriation Account:
A1012-5435 $3,330
Carried Unanimously
May 5, 2004
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8.2 City Clerk – Resolution in Support of the Local Government Records
Management Improvement Fund
By Alderperson Berry: Seconded by Alderperson Coles
WHEREAS, the Local Government Records Management Improvement Fund was
established in Chapter 78, Laws of 1989, to benefit the local governments of New York
State through grants for records management and through establishment of a program
of regionally-based technical assistance administered by the New York State Archives
and Records Administration of the New York State Education Department, and
WHEREAS, these needs are served and programs sustained through modes
surcharges on fees for records filed and recorded by County Clerks of the State of New
York and the Register of the City of New York, without the use of state tax revenues,
and
WHEREAS, the grants, consultations, workshops, and other services to municipalities
supported by the Fund have contributed significantly to the improved management of its
records, to the availability and accessibility of those records to its officials and citizens,
and to economical and responsive administration saving taxpayers’ dollars, and
WHEREAS, this program is reviewed every five years, and currently has a sunset date
of December 31, 2005, and
WHEREAS, the Local Government Records Management Improvement Fund has
enormously benefited the City of Ithaca through the award of six (6) competitive records
management grants totaling $158,227 allowing us to inventory, and organize our
records, renovate and equip an inactive records storage area, create an electronic index
of Common Council minutes, create a business process analysis of land based records
and microfilm tax rolls and Fire Department Incident Reports, and
WHEREAS, the City of Ithaca has submitted two grant applications for the 2004-2005
LGRMIF to consolidate and automate City Cemetery records, and microfilm payroll
records, and
WHEREAS, there is much more work to be accomplished in the City, County and other
local governments in New York State, where the needs will continue as the volume of
records increase, and information technologies present new challenges; now, therefore,
be it
RESOLVED, That the Common Council of the City of Ithaca fully supports the
perpetuation of the Local Government Records Management Improvement Fund
through the elimination of its sunset provision, and supports its continued administration
by the New York State Archives and Records Administration of the New York State
Education Department, and be it further
RESOLVED, That the City Clerk be directed to forward copies of this Resolution to its
State legislators, and to the Governor of the State of New York.
Carried Unanimously
8.3 City Chamberlain – Approval of Tax Penalty Waiver Request
By Alderperson Berry : Seconded by Alderperson Coles
WHEREAS, the property owner of 245-247 Cherry Street has submitted evidence that a
payment for the installment taxes was lost in the mail; now, therefore, be it
RESOLVED, That pursuant to the guidelines set forth by Common Council on June 6,
2001, the penalty on the installment taxes be waived.
Carried Unanimously
May 5, 2004
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8.4 City Chamberlain – Approval of Tax Penalty Waiver Request
By Alderperson Berry: Seconded by Alderperson Coles
WHEREAS, the property owner of 111 Monroe Street and 120 Lake Avenue has
submitted documentation that shows the taxes were unable to be paid due to a hospital
stay; now, therefore, be it
RESOLVED, That pursuant to the guidelines set forth by Common Council on June 6,
2001, the penalty on the installment taxes be waived.
Carried Unanimously
8.5 City Chamberlain – Denial of Request for Waiver of Penalty on Taxes
By Alderperson Berry: Seconded by Alderperson Coles
WHEREAS, the property owner of 101 Brandon Place has requested a waiver of
penalty on 2nd installment of 2002 City taxes because he did not receive the tax bill;
now, therefore, be it
RESOLVED, That pursuant to the guidelines set forth by Common Council on June 6,
2001, the request to waive the penalty is denied.
Carried Unanimously
8.7 City Chamberlain – Denial of Request for Waiver of Penalty on Taxes
By Alderperson Berry: Seconded by Alderperson Coles
WHEREAS, the property owner of 321 Dryden Road has requested a waiver of penalty
on 1st installment of 2004 City taxes because only the County bill was paid; now,
therefore, be it
RESOLVED, That pursuant to the guidelines set forth by Common Council on June 6,
2001, the request to waive the penalty is denied.
Carried Unanimously
8.8 City Chamberlain – Denial of Request for Waiver of Penalty on Taxes
By Alderperson Berry: Seconded by Alderperson Coles
WHEREAS, the property owner of 916 Stewart Avenue has requested a waiver of
penalty on School Taxes because the owner moved out of state and did not pay the
taxes due; now, therefore, be it
RESOLVED, That pursuant to the guidelines set forth by Common Council on June 6,
2001, the request to waive the penalty is denied.
Carried Unanimously
8.9 DPW/Water & Sewer – Request to Approve a Headworks Loading Study at
Ithaca Area Wastewater Treatment Plant
By Alderperson Berry: Seconded by Alderperson Coles
WHEREAS, the Ithaca Area Wastewater Facility is required by the Environmental
Protection Agency (EPA) to do a headworks loading analysis of its service area and
process every five years to determine the concentration of a range of pollutants that can
be discharged into the collection system and treated by the wastewater treatment plant
process, and
WHEREAS, the Wastewater Facility is overdue in its need to perform the headworks
loading analysis to satisfy the EPA requirement, and
WHEREAS, the study simultaneously can determine the appropriateness of establishing
an industrial wastewater discharge permit for Cornell University for discharge at the
Ithaca Area Wastewater Facility, and
WHEREAS, the contract for services provided shall include the following:
1. Data collection and review
2. Calculate maximum allowable headworks loading
3. Calculate local limits
4. Prepare summary report
and,
May 5, 2004
6
WHEREAS, Blasland Bouck & Lee, Inc. has submitted an acceptable proposal at a cost
of $18,579 to provide a scope of activities to satisfy EPA requirements similar to the last
study, which they satisfactorily completed, and also assist staff in assessing
requirements for possible discharge permitting of Cornell University; now, therefore, be
it
RESOLVED, That Common Council hereby approves the engagement in an
engineering agreement with Blasland Bouck & Lee to perform a headworks study and
items related thereto for industrial pre-treatment permits at a cost not to exceed $18,579
as already authorized by the Special Joint Committee, and be it further
RESOLVED, That the Superintendent of Public Works is hereby authorized to sign said
engineering agreement, and be it further
RESOLVED, That the funds necessary for said study shall be derived from existing
2004 Joint Activity budget amounts.
Carried Unanimously
9. COMMUNITY SERVICES COMMITTEE:
9.1 Support of the Tompkins Consolidated Area Transit (TCAT) Reorganization
- Resolution
By Alderperson Whitmore: Seconded by Alderperson Cogan
WHEREAS, Tompkins Consolidated Area Transit (TCAT) with the participation of many
stakeholders, developed a Strategic Plan in 2002 that had as its top priority
“establishment of a single employer for everyone working at TCAT,” and
WHEREAS, the Strategic Plan was adopted by the TCAT Board in October of 2002 with
efforts begun immediately to effect a changeover to a single organization structure, and
WHEREAS, these efforts included working with legal counsel representing each of the
three partners – City of Ithaca, Tompkins County and Cornell University – to review and
evaluate various models including a State Authority, a municipal department of City or
County government, the metropolitan planning organization model employed by the
Ithaca-Tompkins County Transportation Council (ITCTC), a Local Authority/Public
Benefit Corporation (PBC), and a 501(c)(3) private non-profit corporation, and
WHEREAS, after much review and deliberation, the Local Authority/PBC was identified
as the most appropriate structure for TCAT and the Tompkins County community, and
WHEREAS, recognizing that proposed changes in organizational structure present
issues for employees with different union affiliations, discussions are being held with
union leadership at the state and local levels to identify specifics to be included in
LA/PBC legislation that would allow the legislation to move forward with union support,
and
WHEREAS, legislation to establish a Local Authority/PBC for the purpose of delivering
transit services in Tompkins County will be submitted to the State Legislature and the
Governor’s Office with a request to expedite the passage of the legislation, and
WHEREAS, the unresolved issue of organizational structure has caused the Public
Transportation Safety Board (PTSB) to reject TCAT’s System Safety Program Plan
(SSPP) having determined that the Plan, which is acceptable in all other particulars,
cannot be effectively implemented under the current multi-employer status and directing
“that TCAT take action to modify its organizational structure to establish a single entity
with a management structure, reporting lines and systems of accountability designed to
support the organization’s mission of delivering safe transit services to the community”,
and
WHEREAS, by written notification dated 26 March 2004 to the Chief Executive Officers
of the three partners, the NYS Commissioner of Transportation has stated that
“Pursuant to Transportation Law Section 17-b(3), Tompkins County is hereby notified
that it has ninety (90) days to resolve the deficiencies in TCAT’s SSPP. As an
May 5, 2004
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acceptable SSPP is a prerequisite to the receipt of STOA (State Transit Operating
Assistance), failure to resolve this matter immediately will jeopardize future STOA
payments to the County, which currently are approximately $2 million annually,” now
therefore be it
RESOLVED, That the Common Council urges representatives from the TCAT partners
to meet with local and state representatives from the United Auto Workers (UAW) and
the Civil Service Employees Association (CSEA) as soon as possible to ensure union
input in the discussion of a Public Benefit Corporation which addresses issues raised by
the unions and the TCAT partners, including operational and safety concerns, and be it
further
RESOLVED, That the Common Council urges the State Legislature and the Governor’s
Office to act swiftly when the legislation is submitted to enact the PBC legislation that
would remove this impediment to approval of the TCAT SSPP and allow the
Commissioner of Transportation to continue award of STOA payments to the County.
Discussion followed on the floor with Alderperson Whitmore explaining the history of the
TCAT strategic plan and reorganization process.
Alderperson Tomlan inquired as to the status of the legislation, and whether Council
would have an opportunity to vote on the framework of authority. City Attorney Luster
responded that this legislation does not require Home Rule Legislation, so any changes
to the legislation should be made before the State Legislators vote on it.
Further discussion followed on the floor regarding the membership of the Public Benefit
Corporation Board. Mayor Peterson stated that the membership would remain the
same, 3 representatives from the City, 3 representatives from the County, and three
representatives from Cornell.
A vote on the Resolution resulted as follows:
Carried Unanimously
9.2 Intent to Form a Non-Profit Corporation for the Delivery of Transit Services
in Tompkins County - Resolution
By Alderperson Whitmore: Seconded by Alderperson Coles
WHEREAS, every effort is being expended to convert Tompkins Consolidated Area
Transit (TCAT) into a Local Authority/Public Benefit Corporation (PBC), and
WHEREAS, these efforts may prove unsuccessful, and
WHEREAS, it is essential that TCAT be reorganized to establish a single employer
structure, now therefore be it
RESOLVED, That the TCAT Board of Directors is encouraged to take all necessary
steps while the legislative process is underway in Albany to establish a 501(c)(3) non-
profit corporation for the delivery of transit services in Tompkins County as a
contingency plan in the event the legislative initiative fails.
Alderperson Zumoff spoke in opposition of this Resolution as he has concerns
regarding the 501(c)(3) status.
Extensive discussion followed on the floor regarding the reorganization of unions, and
Cornell’s support of a Public Benefit Corp.
Motion to Table to June Common Council Meeting:
By Alderperson Zumoff: Seconded by Alderperson Berry
RESOLVED, That this resolution be tabled until the June 2, 2004 Common Council
Meeting.
May 5, 2004
8
Discussion followed on the floor regarding the risk of losing STOA funding and the
possibility of an amendment requiring that the actual establishment of a 501(c)(3) be
voted on by Common Council.
A vote on the Motion to Table resulted as follows:
Ayes (3) Berry, Zumoff, Tomlan
Nays (6) Whitmore, Taylor, Townsend, Cogan, Coles, Mackesey
Failed
Main Motion:
A vote on the Main Motion resulted as follows:
Ayes (6) Whitmore, Taylor, Townsend, Cogan, Coles, Mackesey
Nays (3) Berry, Zumoff, Tomlan
Carried
Race and Racism Report:
Alderperson Whitmore reported that the Community Services Committee heard very
powerful discussions and good suggestions to address racism in our community. He
stated that the next meeting would include discussions on what the next steps are,
and the drafting of a Resolution denouncing racist vandalism.
Alderperson Berry reported that the City Administration Committee also conducted
discussions regarding race and racism as it pertains to competitive bidding
regulations, the city’s Diversity Plan, and Civil Service community outreach as a way to
prepare people to be successful when taking civil service exams.
Alderperson Berry further encouraged all of the committee chairs to begin discussions
on race and racism as it is appropriate to their committees.
GOVERNANCE COMMITTEE:
10.1 Approval of the Revised Annual Disclosure Form – Resolution
By Alderperson Mackesey: Seconded by Alderperson Townsend
WHEREAS, a sub-committee of Common Council was formed to review and revise the
Annual Disclosure Form filed annually by elected officials, and
WHEREAS, the sub-committee sought input from the Tompkins County Ethics
Committee, the City Attorney, the City Clerk, and concerned citizens through a series of
public meetings, and
WHEREAS, significant revisions have been made to the original disclosure form to
facilitate complete disclosure of potential conflicts of interest; now, therefore, be it
RESOLVED, That Common Council hereby approves the use of the revised Annual
Disclosure Form dated May, 2004, and, be it further
RESOLVED, That Common Council use this revised form to update their disclosure
forms filed in February of 2004.
Amending Resolution:
By Alderperson Mackesey: Seconded by Alderperson Coles
RESOLVED, That the language regarding “Alliances/ Allegiances” be added back into
the Annual Disclosure Form.
Extensive discussion followed on the floor regarding the Cornell University Commitment
Policy. Alderperson Taylor disclosed that he is a temporary service employee for
Cornell University for the summer season. Alderperson Berry disclosed that she is an
Alumna of Cornell and teaches summer college courses there.
May 5, 2004
9
Alderpersons Taylor, and Zumoff spoke in opposition to the Amendment, as they did not
feel the language was needed. Alderperson Coles spoke in favor of the Amendment, as
she believes that disclosure is important.
Motion to Call the Question:
By Alderperson Whitmore: Seconded by Alderperson Townsend
RESOLVED, That the Question be called on the Amending Resolution.
Carried Unanimously
A vote on the Amending Resolution resulted as follows:
Ayes (4) Berry, Mackesey, Coles, Cogan
Nays (5) Whitmore, Tomlan, Zumoff, Taylor, Townsend
Failed
Main Motion:
A vote on the Main Motion resulted as follows:
Carried Unanimously
The Annual Disclosure Form as adopted, is as follows:
ANNUAL STATEMENT OF FINANCIAL DISCLOSURE
CITY OF ITHACA, NEW YORK
For Year : 20
Directions: This form must be completed in its entirety and submitted to the City Clerk by February 1st
of each year, regardless of whether there have been any changes in your financial information. Do not
leave any spaces blank. Please indicate with a “N/A” only if the section is not applicable to you. If you
require more space to provide information, please attach additional sheets as necessary. Please consult
with the City Attorney if you have any questions regarding the completion of this form.
1. Please provide your name, address and position with the City of Ithaca.
_
Last Name First Name Middle Initial
City Title City Department
Residential Address
Daytime Telephone E-Mail Address
2. Please provide the name of your spouse, domestic partner, adult dependents, or adult
H/M. When used in this statement, “H/M” shall mean other household members who reside with you and
who intend to reside with you for the foreseeable future, and to whom you are committed to mutual care
and support. When used in this statement, Domestic Partner shall mean a person defined as a domestic
partner pursuant to Chapter 215, Article IV, of the City of Ithaca Municipal Code.
_
Spouse/Partner Last Name First Name Middle Initial
_
Last Name First Name Middle Initial
Last Name First Name Middle Initial
_
Last Name First Name Middle Initial
_
Last Name First Name Middle Initial
May 5, 2004
10
3. Financial Interests:
A. Outside Employment:
Please state any other employment, occupation, trade, business, office or business title or profession
held by you, your spouse, domestic partner, adult dependents, or H/M. Please indicate whether such
activity is licensed or regulated by any local agency.
Name of Business/ Regulated by If yes, nature of
You Spouse/Partner H/M Occupation Activity local agency regulation
(Check which applies) Yes No
___ ____ ____ ___ ______ ___ ___
___ _______ ____ ___ ______ ___ ___
___ _______ ____ ___ ______ ___ ___
___ _______ ____ _ ______ ___ ___
B. Leave of Absence:
Are you on leave, paid or unpaid, from any business or organization?
Yes No
If yes, please identify the business or organization:
C. Associations and Organizations:
Please list any position that you hold in any proprietary or not-for-profit association, organization, or
political party as an officer, decision or policy maker, whether you received monetary compensation or
not. This includes honorary positions, self-appointed positions, and positions held by virtue of your
municipal position. This excludes general membership and liaison roles where you have no decision or
policy-making authority.
__ _____
Organization Position Held Date(s) Held
_
Organization Position Held Date(s) Held
Organization Position Held Date(s) Held
_
Organization Position Held Date(s) Held
D. Real Estate:
List the location of all real estate in or within five (5) miles of Tompkins County that is owned in whole or in
part by you, your spouse, domestic partner, adult dependents, or H/M.
_
Property Address Owned by
_
Property Address Owned by
E. Business Connections:
Please indicate if you, your spouse, domestic partner, adult dependents, or H/M, are involved in any
profit-making or non-profit enterprise not previously disclosed, which has a business connection, including
contracts, with the City of Ithaca:
(Please describe the principal activities and nature of the connection or contract with the city.)
_
F. DBA (Doing Business As)
Do you or anyone in your household have a current DBA, or ownership in a corporation that has a DBA in
Tompkins County?
Yes No
May 5, 2004
11
If yes, please provide the DBA name(s)
and the owner:
G. Investments and other assets:
You may exclude Mutual Funds and Blind Trusts from this section.
Please itemize and describe all investments (e.g. capital stock, bonds, IRA, trusts, etc.), which you, your
spouse, domestic partner, adult dependents, or H/M hold in any business, corporation, or partnership as
a majority owner or a significant interest (5% or more).
H. Loans:
List any outstanding loans payable or receivable over $1,000 involving people who live, work or own
property in Tompkins county, excluding established financial institutions and family members.
Amount of Loan Purpose of Loan Lender or Recipient
Amount of Loan Purpose of Loan Lender or Recipient
I. Gifts:
List any personal gifts and who gave them received by you, your spouse, domestic partner, adult
dependents, or H/M during the last 3 years from people who live, work or own property in Tompkins
County, of a value greater than $1,000, other than from a relative:
Gift Received from
Gift Received from
4. Other Information:
A. To the best of your knowledge are you or anyone in your household involved in any organization or
activity or holding any asset, excluding those listed above, that could be a conflict of interest in performing
the duties of your city position?
Yes No
If yes, please explain:
B. Do you have any holdings, assets, or property held under any other name?
Yes No
Please explain:
5. Certification:
I certify that the responses herein are true and I understand that any willful misstatement constitutes a
violation of the City of Ithaca Municipal Code and subjects me to penalties provided in Section 55.12
of the City Code.
Signature Date
05/04
May 5, 2004
12
RECESS:
Common Council recessed for 10 minutes at 9:25 p.m.
RECONVENE:
Common Council reconvened into Regular Session at 9:35 p.m.
11. PLANNING, NEIGHBORHOODS & ECONOMIC DEVELOPMENT
COMMITTEE:
11.1 2004-2008 Consolidated Plan Adoption - US Department of Housing and
Urban Development (HUD) Entitlement Program - Resolution
By Alderperson Tomlan: Seconded by Alderperson Townsend
WHEREAS, in the Fall of 2003, the US Department of Housing and Urban Development
notified the City that it qualified as an ‘Entitlement Community’ and that it would be
receiving an annual allocation of HUD funds through the Community Development
Block Grant Program (CDBG), and
WHEREAS, in order to access these funds, the City was required to undertake a public
input process and prepare a Consolidated Plan which identifies priority community
development needs for the City of Ithaca, and
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 on behalf of the City, and
WHEREAS, the Consolidated Plan may only be adopted by the Common Council after it
has undergone a 30-day public comment period and been the subject of two public
hearings, and
WHEREAS, the first public hearing was held before the IURA on March 25, 2004, and
WHEREAS, following a citizen participation process to gain public input in identifying
priority community development needs, the IURA issued a draft 2004-2008
Consolidated Plan for a 30-day public comment period that ended on April 30, 2004,
and
WHEREAS, on May 3, 2004 the IURA reviewed public comments received on the draft
Consolidated Plan and adopted the 2004-2008 Consolidated Plan, dated May 3, 2004,
and further recommended its adoption by the Common Council, and
WHEREAS, the second public hearing was held before the Common Council on May 5,
2004, and
WHEREAS, the adopted Consolidated Plan must be received by HUD by May 16, 2004
or the City will forfeit this year’s allocation of funds, which total $1,577,669.00, and
WHEREAS, at their April 21, 2004 meeting the Planning, Neighborhoods and Economic
Development Committee forwarded the draft Consolidated Plan to the Common Council
for action, now, therefore, be it
RESOLVED, That the City of Ithaca Common Council hereby adopts the IURA-
recommended FY 2004-2008 Consolidated Plan, dated May 3, 2004, and be it further
RESOLVED, That the Common Council authorizes the Mayor, subject to review by the
City Attorney, to execute certifications and any other documents necessary to submit
the Consolidated Plan to HUD.
Amending Resolution:
By Alderperson Tomlan: Seconded by Alderperson Townsend
RESOLVED, That the last Whereas Clause be moved to become the 7th Whereas
Clause, and, be it further
RESOLVED, That the following language be added as the 10th Whereas Clause:
May 5, 2004
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“Whereas, the Common Council has considered the input from that public hearing, and”,
and, be it further
RESOLVED, That the 1st Resolved Clause be amended to read as follows:
“RESOLVED, That the City of Ithaca Common Council hereby adopts the IURA-
recommended FY 2004-2008 Consolidated Plan, dated May 5, 2004, and be it further”
Discussion followed on the floor with Alderperson Zumoff commending the IURA for the
monumental amount of work they completed in a short amount of time.
A vote on the Amending Resolution resulted as follows:
Carried Unanimously
Main Motion as Amended:
A vote on the Main Motion as Amended resulted as follows:
Carried Unanimously
11.2 FY2004 Action Plan Adoption - US Department of Housing & Urban
Development (HUD) Entitlement Program - Resolution
By Alderperson Tomlan: Seconded by Alderperson Coles
WHEREAS, in September 2003 the City of Ithaca was advised by the U.S. Department
of Housing and Urban Development that as the principal city of a newly recognized
metropolitan statistical area the City would likely be eligible to receive an annual formula
grant award through the HUD Entitlement program beginning in FY 2004, and
WHEREAS, on February 17, 2004 HUD formally notified the City of Ithaca that it was
eligible to receive the following FY 2004 allocations through the HUD Entitlement
program:
$ 976,000.00Community Development Block Grant (CDBG)
$ 601,669.00HOME Investment Partnerships
$1,577,669.00Total, and
WHEREAS, on December 3, 2003 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 HUD Entitlement program
funding on an annual basis, and
WHEREAS, on February 4, 2004 the Common Council adopted comprehensive
revisions to the Citizen Participation Plan to comply with HUD Entitlement program
requirements, and
WHEREAS, receipt of FY 2004 funding is contingent upon Common Council adoption,
and submission to HUD, of a multi-year Consolidated Plan and an annual Action Plan
by May 16, 2004, and
WHEREAS, the Action Plan identifies the specific list of budgeted activities to be funded
from FY 2004 HUD Entitlement funds, and
WHEREAS, the City recognizes the need to support efforts to promote neighborhood
revitalization through provision of quality, affordable housing, creation of employment
opportunities, improvement of public and neighborhood facilities and public services that
principally benefit Ithaca’s low- and moderate-income population or eliminate blighting
conditions, and
WHEREAS, the IURA solicited funding proposals on January 26, 2004 from citizens,
for-profit and not-for-profit organizations and received 63 proposals, and
WHEREAS, in compliance with the Citizen Participation Plan, the IURA held an initial
public hearing to gain public input on formulation of the draft Action Plan on March 25,
2004, and
May 5, 2004
14
WHEREAS, the IURA evaluated the funding proposals within the context of the goals
and objectives contained in the draft Consolidated Plan and the selection criteria
contained in the Citizen Participation Plan at meetings held in 2004 on March 25th,
March 29th, April 1st and April 16th, and
WHEREAS, a second public hearing has been duly advertised for May 5, 2004 before
the Common Council to provide the public with an opportunity to comment on the IURA-
recommended Action Plan, and
WHEREAS, at their April 21, 2004 meeting, the Planning, Neighborhoods and Economic
Development Committee forwarded the IURA-recommended Action Plan to the Common
Council for action, now, therefore be it
RESOLVED, That the City of Ithaca Common Council hereby adopts the attached IURA-
recommended FY 2004 Action Plan, dated April 22, 2004, and be it further
RESOLVED, That should the IURA determine that any of the activities included in the
Action Plan encounter unforeseen feasibility issues that would hinder their timely
completion or adversely affect their eligibility prior to May 16, 2004, the Common Council
authorizes the IURA to make adjustments in the application to resolve feasibility and
eligibility concerns, and be it further,
RESOLVED, That the City of Ithaca Community Development Urban Renewal Plan shall
be amended to include activities funded in the adopted FY 2004 Action Plan, and be it
further
RESOLVED, That the Common Council authorizes the Mayor, subject to review by the
City Attorney, to execute certifications and any other documents necessary to submit
the Action Plan to HUD.
Amending Resolution:
By Alderperson Tomlan: Seconded by Alderperson Mackesey
RESOLVED, That the last Whereas Clause be moved to become the 11th Whereas
Clause, and be it further
RESOLVED, That the following language be added as the last Whereas Clause:
“WHEREAS, the Common Council has discussed the input from that public hearing;
now, therefore, be it”
Discussion followed on the floor regarding the concerns raised by the Mutual Housing
Association residents, and community policing funding.
A vote on the Amending Resolution resulted as follows:
Carried Unanimously
Main Motion as Amended:
A vote on the Main Motion as Amended resulted as follows:
Carried Unanimously
11.3 Minor Program Amendment to Direct Surplus Community Development
Block Grant (CDBG) Funds to the Inlet Island Promenade Activity - Resolution
By Alderperson Tomlan: Seconded by Alderperson Coles
WHEREAS, the third-year increment of the 1996 multi-year Community Development
Block Grant (CDBG) award to the City of Ithaca included $350,000 for the West
End/West State Street corridor rental housing loan program (RHLP) activity to
rehabilitate 28 substandard rental units, and
WHEREAS, 33 rental units have been completed to date, thereby exceeding the
program goals, and
May 5, 2004
15
WHEREAS, the West State/West End Rental Housing Loan Program (activity 1.3 1996
Year #3 CDBG) has a remaining surplus of $42,000, and
WHEREAS, a continued funding shortfall exists for completing Phase I of the Inlet
Island Promenade project in support of economic development, and
WHEREAS, surplus 1998 CDBG funds must be expended by September 2005, and
WHEREAS, the third-year increment of the 1996 multi-year CDBG grant award included
other programmed activities in support of economic development and HUD has
determined that surplus RHLP funds can be transferred to the Inlet Island promenade
activity without further HUD approval, and
WHEREAS, at their March 25, 2004 meeting the Ithaca Urban Renewal Agency (IURA)
approved a minor program amendment to redirect $42,000 of surplus funds from the
West State/West End Rental Housing Loan Program to the Inlet Island Promenade
activity in support of economic development, subject to Common Council endorsement,
now therefore be it
RESOLVED, That the Common Council hereby endorses the IURA's approval of a
budget revision to redirect $42,000 of surplus 1998 CDBG funds from the West
State/West End Rental Housing Loan Program activity to the Inlet Island Promenade
activity in support of economic development.
Carried Unanimously
11.4 Taughannock Boulevard Extension Study - Resolution
By Alderperson Tomlan: Seconded by Alderperson Cogan
WHEREAS a study directed toward developing transportation improvements in the
southwest area of the city, known as the Taughannock Boulevard Extension Study, was
approved by the Board of Public Works on January 14, 2004, at a cost not to exceed
$300,000, and
WHEREAS it had been anticipated that any city expenditures for this capital project
study would be reimbursable by Transportation Improvement Program (TIP) funding,
and
WHEREAS Common Council has since learned that the costs of the projected study
would not be reimbursable with TIP funds unless it had been previously approved as a
project on the TIP, and
WHEREAS this study is not now on the TIP, and
WHEREAS applications for TIP funding are due in January 2005, with approvals
scheduled for May 2005 for project execution in 2006/2007, and
WHEREAS Common Council seeks to identify interim measures to mitigate traffic
congestion in the Southwest Area, including residential areas east of Meadow Street
that are impacted by increased and increasing traffic volume, and
WHEREAS Common Council wishes to undertake a broader study of transportation
improvement options in the Southwest Area, to be funded through the TIP, and
WHEREAS Common Council believes that it is desirable to consider the use of the city-
owned parcel in the Southwest Area concurrent with any investigation of transportation
improvement alternatives, now therefore be it
RESOLVED, That Common Council requests that the Superintendent and Board of
Public Works not proceed with the approved contract, and be it further
RESOLVED, That Common Council directs staff in the Department of Planning and
Development and the Department of Public Works to jointly develop proposals for an
access management study to be performed as soon as possible, and be it further
May 5, 2004
16
RESOLVED, That Common Council directs staff to develop proposals for a broader
transportation improvement study of the southwest area of the city to be submitted to
the TIP by the end of 2004, and be it further
RESOLVED, That Common Council directs staff to develop recommendations for
studying the use of city-owned land in the Southwest Area, and to bring those
recommendations back to Common Council for further action.
Carried Unanimously
11.5 Removal of City-Owned Surplus Property from May City/County Auction -
Resolution
By Alderperson Tomlan: Seconded by Alderperson Mackesey
WHEREAS Common Council at its April 7, 2004, meeting directed that three city-owned
surplus properties, being Parcels #116.-1-3 and #47.-4-15 and approximately .17 acres
in the city-owned right-of-way on Giles Street, be sold at the May City/County Auction,
and
WHEREAS further investigation has revealed that Parcel 47.-4-15 is not appropriate for
sale, and
WHEREAS Common Council wishes to remove Parcel 47.-4-15 from this sale, now
therefore be it
RESOLVED, That Common Council repeals the resolution to sell the three parcels, and
be it further
RESOLVED, That Common Council directs that two city-owned surplus properties,
Parcel #116.-1-3 and approximately .17 acres in the city-owned right-of-way on Giles
Street, be sold at the May City/County Auction, and be it further
RESOLVED, That Common Council authorizes that the payment of a $100 fee for the
removal of Parcel #47.-4-15 be made from the proceeds of the sale of the other two
parcels, and be it further
RESOLVED, That the Mayor be and hereby is authorized to execute any and all
instruments necessary to carry out these sales by quit-claim deed.
Alderperson Tomlan explained the history of the Resolution and the concerns
expressed regarding Parcel 47.-4-15 including the deep slope of the hill and the
proximity of the parcel to an adjacent property. She further reported that the Planning
Board has recommended that this parcel not be sold.
Amending Resolution:
By Alderperson Zumoff: Seconded by
RESOLVED, That the 2nd Whereas Clause be amended to read as follows:
“WHEREAS, further investigation has revealed that Parcel 47.-4-15 is not appropriate
for sale at this time, and”
This motion failed for the lack of a Second.
A vote on the Main Motion resulted as follows:
Ayes (8) Coles, Mackesey, Whitmore, Berry, Tomlan, Taylor, Townsend,
Cogan
Nays (1) Zumoff
Carried
CITY ADMINISTRATION COMMITTEE:
12.1 Controller – Request to Approve 2002 Single Audit
By Alderperson Berry: Seconded by Alderperson Whitmore
RESOLVED, That the Single Audit Report for the period of January 1, 2002 through
December 31, 2002, prepared by the accounting firm of Ciaschi, Dietershagen, Little
May 5, 2004
17
and Mickelson, C.P.A.’s, be accepted to comply with all of the City’s applicable Federal
Single Audit and related Audit Requirements.
Carried Unanimously
12.2 DPW – Approval of Amendment to New York State Arterial Maintenance
Agreement
By Alderperson Berry: Seconded by Alderperson Townsend
WHEREAS, the state of New York and the City of Ithaca entered into an agreement to
make improvements to State Route 96 within the City of Ithaca as well as improvements
to its connections with State Route 13/34, 79 and 89 within the City, and
WHEREAS, the state agreed to take over major portions of these improvements as part
of the new State Arterial Highway System as described in the Maintenance Jurisdiction
Table (MJ1-MJ3) of the State’s Route 96 Improvements contract drawings and
approved by Common Council in their resolution November 2, 1994, and
WHEREAS, the NYS Department of Transportation has forwarded a draft supplemental
agreement covering these changes which result in additional arterial highways within
the city and additional payments to the city by the state for the performance of
maintenance and repair functions, and
WHEREAS, the amendment will result in the addition of approximately 34,050 square
yards of maintenance area and an additional 2,960 square yards of elevated structures
will add approximately $29,200 to the city’s annual reimbursement, currently at $98,134,
for maintenance at current reimbursement rates; now, therefore, be it
RESOLVED, The supplemental agreement for maintenance and repair of State Arterial
Highways passing through the City of Ithaca covering work done under NYSDOT’s
Route 96 Improvements (PIN 3074,04) is hereby approved and that the Mayor is
authorized to sign the agreement.
Carried Unanimously
8.6 City Chamberlain – Approval of Tax Penalty Waiver Request
By Alderperson Berry: Seconded by Alderperson Cogan
WHEREAS, the property owner of 414 Utica Street has requested a waiver of penalty
on 1st installment of 2003 City taxes because the incorrect amount was paid; now,
therefore, be it
RESOLVED, That due to the extenuating circumstances not addressed by the
guidelines set forth by Common Council on June 6, 2001, the request to waive the
penalty is approved.
Discussion followed on the floor regarding the fact that this case does not fit the current
guidelines.
A vote on the Resolution resulted as follows:
Carried Unanimously
12.3 Motion to Enter into Executive Session to Discuss Labor Negotiations
By Alderperson Berry: Seconded by Alderperson Townsend
RESOLVED, That Common Council enter into Executive Session to discuss labor
negotiations.
Carried Unanimously
Reconvene:
Common Council reconvened into Regular Session with no formal action taken.
May 5, 2004
18
Motion to Extend Meeting to 11:15 p.m.
By Alderperson Whitmore: Seconded by Alderperson Cogan
RESOLVED, That the Common Council meeting be extended to 11:15 p.m.
Ayes (8) Coles, Mackesey, Whitmore, Berry, Zumoff, Taylor, Townsend,
Cogan
Nays (1) Tomlan
Carried
13. REPORT OF SPECIAL COMMITTEES:
City Administration Sub-Committee on Health Insurance Rates
Alderperson Berry reported that Alderperson Coles is chairing a sub-committee to
review health insurance rates. The Human Resources Department will be hosting a
forum for retirees to ask questions related to proposed increases in their health
insurance contributions. The forum is scheduled for June 1, 2004 from 2:00 pm – 4:00
pm in Common Council Chambers.
Inter-municipal Benefit Group
Alderperson Coles reported that a County group is investigating a prescription drug plan
for Tompkins County residents. Meetings to discuss this topic have been scheduled for
May 12, 2004 and June 9, 2004 at 11:30 am in the Old Jail Conference Room.
14. NEW BUSINESS:
14.1 Support of Health Care Coverage for the Uninsured - Resolution
By Alderperson Coles: Seconded by Alderperson Mackesey
WHEREAS, the United States has the most expensive health care system in the world
in terms of absolute costs, per capita costs, and percentage of gross domestic product
(GDP); and
WHEREAS, despite being first in spending, the United States has been ranked by the
World Health Organization as 37th among all nations in terms of meeting the health
care needs of its people; and
WHEREAS, 44 million Americans, including 8 million children, are currently uninsured,
and
WHEREAS, tens of millions more Americans are inadequately insured, including
Medicare beneficiaries who lack access to prescription drug coverage and long term
care coverage; and
WHEREAS, racial, income, and ethnic disparities in access to health care threaten
communities across the country, particularly communities of color; and
WHEREAS, health care costs continue to increase, jeopardizing the health security of
working families and small businesses and increasing the cost of local government; and
WHEREAS, dollars that could be spent on health care are being used for administrative
costs instead of patient needs; and
WHEREAS, the current health care system is a significant barrier to the growth of our
economy, and significantly damages the quality of life of the citizens of the City of
Ithaca.
WHEREAS, the Robert Wood Johnson Foundation has announced that May 10-16,
2004 is national “Cover the Uninsured Week,” and
WHEREAS, former Presidents Gerald Ford and Jimmy Carter, and former Surgeons
General and Secretaries of the Department of Health and Human Services call upon the
country to provide adequate health care services to all Americans, now therefore be it
RESOLVED, That the City of Ithaca’s Mayor and Common Council call upon the House
of Representatives and the Senate to enact legislation to guarantee that every person in
May 5, 2004
19
the United States has access to health care, regardless of income, age, or employment
or health status, and be it further
RESOLVED, That copies of this resolution be sent to Senators Clinton and Schumer,
and Congress members Boehlert, Hinchey and Houghton.
Discussion followed on the floor with Alderperson Tomlan stating that while she
supports the goals expressed in the Resolution, she is uneasy with the language.
Alderperson Coles reported that the Tompkins County Legislature recently passed a
similar Resolution.
A vote on the Resolution resulted as follows:
Ayes (8) Berry, Whitmore, Cogan, Zumoff, Taylor, Townsend, Coles,
Mackesey
Nays (1) Tomlan
Carried
16. MAYOR’S APPOINTMENTS:
Upon the request of Common Council members, these appointments were moved as a
single Resolution.
Affirmative Action Committee:
By Alderperson Whitmore: Seconded by Alderperson Cogan
RESOLVED, That Lynette Chappell-Williams be appointed to the Affirmative Action
Committee to fill a vacancy with term to expire on December 31, 2004, and be it further
Bicycle Pedestrian Advisory Council:
RESOLVED, That Judith M. Swann be appointed to the Bicycle Pedestrian Advisory
Council to fill a vacancy with a term to expire on December 31, 2005, and, be it further
Conservation Advisory Council:
RESOLVED, That Glynn Morgan Bebee be appointed to the Conservation Advisory
Council to fill a vacancy with a term to expire on December 31, 2007, and, be it further
Examining Board of Electricians:
RESOLVED, That Robert Sparks be appointed to the Examining Board of Electricians
to fill a vacancy with a term to expire December 31, 2004, and, be it further
Natural Areas Commission:
RESOLVED, That Elizabeth Mulholland be reappointed to the Natural Areas
Commission with a term to expire on December 31, 2006, and, be it further
Pegasys Oversight Committee:
RESOLVED, That Will Burbank be appointed to the Pegasys Oversight Committee as
the representative from the Town of Ithaca with a term to expire on December 31, 2004,
and, be it further
RESOLVED, That Daniel Cogan be appointed to the Pegasys Oversight Committee
with a term to expire on December 31, 2006, and, be it further
RESOLVED, That Wies Van Leuken be appointed to the Pegasys Oversight Committee
with a term to expire on December 31, 2005, and, be it further
Rental Housing Advisory Committee:
RESOLVED, That David C. Breeden be appointed to the Rental Housing Advisory
Committee to fill a vacancy with a term to expire on December 31, 2005, and, be it
further
May 5, 2004
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RESOLVED, That Jacqueline Koppell be appointed to the Rental Housing Advisory
Committee to fill a vacancy with a term to expire on December 31, 2005, and, be it
further
RESOLVED, That Jane Schafrick be reappointed to the Rental Housing Advisory
Committee with a term to expire on December 31, 2006.
Mayor Peterson announced that she has appointed Maureen Kelly as a city
appointment to the Tompkins County Youth Bureau Board. She further requested the
consideration of the following additional appointments:
Shade Tree Advisory Committee:
By Alderperson Whitmore: Seconded by Alderperson Zumoff
RESOLVED, That Lili Herrera be appointed to the Shade Tree Advisory Committee to
fill a vacancy with a term to expire on December 31, 2006, and, be it further
Disability Advisory Council:
RESOLVED, That Joanie Groome be appointed to the Disability Advisory Council to fill
a vacancy with a term to expire on December 31, 2006, and, be it further
RESOLVED, That Teresa Battisti-Cole be appointed to the Disability Advisory Council
to fill a vacancy with a term to expire December 31, 2006.
Carried Unanimously
REPORTS OF COMMON COUNCIL LIAISONS:
17.1 Report on Recreation Partnership
Alderperson Whitmore reported on the status of 2004 payments from participating
municipalities in the Recreation Partnership. He stated that the current city contribution
is $51,000, but if Tompkins County discontinues its participation in the Partnership the
city’s contribution would increase by $13,000 in 2005. He further noted that the
County’s budget process begins in June.
MINUTES FROM PREVIOUS MEETINGS:
21.1 Approval of April 7, 2004 Regular Common Council Meeting Minutes
By Alderperson Berry: Seconded by Alderperson Zumoff
RESOLVED, That the April 7, 2004 Regular Common Council Meeting Minutes be
approved as corrected by members of Common Council.
Carried Unanimously
ADJOURNMENT:
On a motion the meeting adjourned at 11:15 p.m.
______________________________ _______________________________
Julie Conley Holcomb, CMC Carolyn K. Peterson,
City Clerk Mayor