HomeMy WebLinkAboutMN-CC-2004-07-07
COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 7:00 p.m. July 7, 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
Superintendent of Public Works – Gray
Human Resources Director – Michell-Nunn
Fire Chief – Wilbur
GIAC Director – Fort
Asst. Supt. of Water & Sewer – Fabbroni
City Chamberlain – Parsons
City Planner – Logue
EXCUSED:
Alderperson Holtham Korherr
PLEDGE OF ALLEGIANCE:
Mayor Peterson led all present in the Pledge of Allegiance to the American Flag.
PROCLAMATIONS/AWARDS:
Mayor Peterson proclaimed the week of June 18 – 24, 2004 as Cuba Friendship Week
in the City of Ithaca. Mayor Peterson read from a letter from the American Association
for the Advancement of Science regarding the importance of travel to Cuba for
academic exchange, science, and scholarship.
SPECIAL PRESENTATIONS BEFORE COUNCIL:
Tompkins County Legislator Kathy Luz Hererra addressed Common Council on the
following issues:
Improved communications between the city and county via the use of active liaisons
City/County Dispatcher Memorandum of Understanding
TCAT legislation plan
2005 County Budget: program committees are reviewing the budget in a comprehensive
manner and will be considering the Citizen Advisory Panel recommendations.
Tompkins County Comprehensive Plan
Dragon Boats and other tourism opportunities
Use of cell phones for Sheriff Deputies due to failures in the communication system
caused by area construction
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
The following people addressed Common Council:
Cris McConkey – Thanked Mayor Peterson for her proclamation regarding Cuba
Friendship Week
Joel Harlan, Town of Newfield – Red Bud Woods legal appeal, Green Street Garage
repairs
Joe Wetmore, Town of Ithaca – Ethics and disclosure statement concerns
July 7, 2004
2
Frances Weissman, City of Ithaca – Concerns regarding the health risks associated with
uncovered trash cans
Neil Oolie, City of Ithaca – Ethics and disclosure statement concerns
PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR:
Alderperson Coles reported that a meeting between the Mayor, Common Council and
the City Representatives on the Tompkins County Legislature would be held on July 22,
2004 at 6:15 p.m., in the Second Floor Conference room at City Hall to discuss issues
of mutual interest.
Alderperson Mackesey thanked Mr. Wetmore for his recommendations regarding the
city’s Code of Ethics.
Alderperson Taylor thanked Mr. Oolie for his comments regarding ethics concerns and
invited him to meet to discuss the issue further. He further explained his temporary
employment situation with Cornell University and explained his position on the vote he
took regarding amendments to the Annual Disclosure Forms.
Alderperson Whitmore reported that Richard Conwright has been appointed as the
Interim General Manager of TCAT. Mr. Conwright currently serves in the positon of
Controller at TCAT. The TCAT Board will be presenting its budget on July 12, 2004 at
4:00 p.m. at the Human Services Building.
Alderperson Zumoff responded to comments made by Mr. Harlan regarding the Trolley
Study.
Alderperson Tomlan corrected a statement made by Mr. Oolie regarding ethics
concerns, and thanked Ms. Weissman for her information regarding West Nile Virus and
other exterior property maintenance concerns.
Alderperson Cogan reported that the Access Oversight Committee is meeting monthly
and has approved the 2004 and 2005 Capital Expenditures Budget of $20,000. They
are learning about the operation of the studio and the purchasing/capital expenditure
processes. He further reported that the Committee is reviewing the fee structures for
non-participating municipalities.
Alderperson Townsend reported that the Shade Tree Advisory Committee is
experiencing problems with people removing city-owned trees and plantings.
Alderperson Berry expressed her deepest condolences to the Schlather family for their
loss over the holiday weekend.
Alderperson Mackesey reported that the Natural Areas Committee is experiencing
problems with unleashed dogs in the Wildflower Preserve, people jumping off of the
high cliff into the water of the reservoir, and people verbally abusing the part-time Gorge
Rangers.
Mayor Peterson read a joint statement between the Mayor and Union President Brian
Weinstein announcing that the city and the Ithaca Paid Firefighters Association have
reached a tentative agreement.
Mayor Peterson further reported that she would be meeting with officials from Emerson
to discuss continued soil testing in the South Hill neighborhood.
CONSENT AGENDA ITEMS:
8.1 Human Resources Department – Request to Approve Civil Service
Agreement for the year 2004-2005
By Alderperson Cogan: Seconded by Alderperson Mackesey
RESOLVED, That the Mayor and City Clerk be authorized and directed to execute an
agreement between the City of Ithaca and the Ithaca City School District for
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performance of services by the City in connection with Civil Service matters for the
period July 1, 2004 to June 30, 2005, in the amount of $38,906.00, payable to the City
of Ithaca on or before November 1, 2004.
Carried Unanimously
8.2 DPW/Water & Sewer – Request to Amend Personnel Roster
By Alderperson Cogan: Seconded by Alderperson Mackesey
WHEREAS, there have been several significant retirements in the Water and Sewer
Division of the Department of Public Works over the past two years, and
WHEREAS, the Assistant Superintendent of Public Works is taking this opportunity to
reorganize the division and implement a more effective staffing pattern that will facilitate
the efficient delivery of services to the community, and
WHEREAS, the proposed staffing changes have been approved by the Ithaca Civil
Service Commission and are in accordance with the classification recommendations
issued by the NYS Civil Service Department, and
WHEREAS, the staffing changes can be implemented without additional funding; now,
therefore, be it
RESOLVED, That the Personnel Roster of the Water and Sewer Division of the
Department of Public Works be amended as follows:
Add: One (1) Office Manager (Grade 11)
One (1) Geographic Information System Database Programmer
(Grade 12)
One (1) Utilities Systems Location Technician (Grade 11)
Delete: One (1) Principal Account Clerk (Grade 9)
One (1) Data Processing Operator (Grade 10)
One (1) Engineering Aide (Grade 3)
and, be it further
RESOLVED, That the funds for these personnel changes shall come from within the
Department of Public Works’ existing budget, and be it further
RESOLVED, That the position of Geographic Information System Database
Programmer be assigned to the CSEA Administrative Unit at salary grade 12, and be it
further
RESOLVED, That the position of Utilities System Location Technician be assigned to
the CSEA Administrative Unit at salary grade 11.
Carried Unanimously
8.3 DPW – Request Temporary Amendment to Personnel Roster
By Alderperson Cogan: Seconded by Alderperson Mackesey
WHEREAS, the Department of Public Works Engineering Division has a summer
construction workload that exceeds the capacity of current staff, and
WHEREAS, the Engineering Division needs to hire additional engineering assistance to
accomplish its assigned tasks during the 2004 construction season, and
WHEREAS, the Ithaca Civil Service Commission has authorized the creation of a
temporary Senior Engineering Technician position for the period June 1, 2004 –
November 30, 2004, and
WHEREAS, the funding for this position already exists in the Engineering Division’s
part-time, seasonal account; now, therefore, be it
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RESOLVED, That the Personnel Roster of the Engineering Division of the Department
of Public Works be amended as follows:
Add: One (1) temporary Senior Engineering Technician (June 1, 2004 –
November 30, 2004)
and, be it further
RESOLVED, That the funding for this position shall come from within the Department of
Public Works’ existing budget.
Carried Unanimously
8.4 Ithaca Fire Department – Request to Transfer Funds
By Alderperson Cogan: Seconded by Alderperson Mackesey
WHEREAS, at their regular meeting on April 7, 2004, Common Council authorized the
transfer of $1,000 from account A3410-5105 to A3410-5435 for the purpose of
facilitating the use of a temporary employee to cover a vacancy for about four weeks,
until a permanent hire could be made, and
WHEREAS, it has taken a longer time than anticipated to make that hire, and the
temporary worker has been retained to help provide office coverage and perform other
duties during the time which the full-time permanent position has remained vacant, and
WHEREAS, the total duration of the need for this temporary employee is now
anticipated to be fourteen weeks, a total cost of approximately $3,380.00, and
WHEREAS, an additional amount will need to be transferred to cover that expenditure;
now, therefore, be it
RESOLVED, That Common Council authorizes the City Controller to transfer an
additional amount not to exceed $2,400, to cover the total cost of the temporary
employee, from account A3410-5105 to account A3410-5435 for a total amount not to
exceed $3,400, as reported by the fire department at the conclusion of that service.
Carried Unanimously
8.5 Ithaca Fire Department – Request to Amend Personnel Roster
By Alderperson Cogan: Seconded by Alderperson Mackesey
WHEREAS, the Ithaca Fire Department is currently authorized 2.5 FTE administrative
positions, as follows:
1.0 FTE Administrative Secretary
1.0 FTE Administrative Assistant – Financial
0.5 FTE Account Clerk - Typist
and,
WHEREAS, the 1.0 FTE administrative assistant – financial position is currently vacant
due to a resignation of the incumbent earlier this year; and
WHEREAS, the Ithaca Fire Department has been authorized by Common Council to fill
the 1.0 FTE Administrative Assistant – Financial vacancy, and to hire a 0.5 FTE
temporary worker to fill in while hiring decisions for the administrative assistant position
are made, and
WHEREAS, the Fire Chief has requested permission to create either two 0.5 FTE
financial clerk positions that would function in place of the 1.0 FTE Administrative
Assistant – Financial position, or one 1.0 FTE financial clerk position, so that maximum
flexibility and speed of hiring can be accomplished, and
WHEREAS, a new position duties statement for the Financial Clerk position has been
submitted to the Department of Human Resources and Civil Service Commission and
approved; and,
July 7, 2004
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WHEREAS, the conversion to two part-time positions was requested to attempt to
redistribute the clerical and financial workload so that the impacts of employee turnover
are minimized and maximum flexibility is maintained; now, therefore be it
RESOLVED, That Common Council hereby amends the Fire Department 2004
personnel roster as follows:
Delete: One (1) full-time Administrative Assistant-Financial (40 hours),
Add: Two (2) part-time Financial Clerks (20 hours each), or one (1)
full-time financial clerk (40 hours),
and, be it further
RESOLVED, the salary for these positions will come from already appropriated funds in
the A3410.5105 line; and, be it further
RESOLVED, That the Financial Clerk position be assigned to the CSEA Administrative
Unit, and shall be assigned to salary grade two (2).
Carried Unanimously
PLANNING, NEIGHBORHOODS, AND ECONOMIC DEVELOPMENT COMMITTEE:
9.1 Support and Concurrence with the Tompkins County Legislature and the
Tompkins County Chamber of Commerce Resolutions for Designation of Certain
Areas within Tompkins County and the City of Ithaca as an Empire Zone –
Resolution
By Alderperson Tomlan: Seconded by Alderperson Mackesey
WHEREAS, in spite of NYS General Municipal Law authorizing designation of parts of
Tompkins County, including within the City of Ithaca, as an Empire Zone, there is not
yet an Empire Zone in 11 of the 62 NYS counties, including Tompkins County; and
WHEREAS, such designation could greatly benefit Tompkins County and its constituent
municipalities in that new businesses would be encouraged to locate in the Empire
Zone, and existing businesses would be encouraged to expand in the Zone and such
new and expanded businesses would generate new employment opportunities for
Tompkins County residents; and
WHEREAS, both the Tompkins County Legislature and the Tompkins County Chamber
of Commerce Board of Directors have previously approved resolutions of support for the
concept of designation of at least one Empire Zone in each of the remaining NYS
counties without a Zone, and
WHEREAS, the City of Ithaca is desirous of working with Tompkins County Area
Development through the Empire Zones Program to provide enhanced employment
opportunities for residents of Tompkins County and the City of Ithaca; now therefore be
it
RESOLVED, That the Common Council of the City of Ithaca hereby supports efforts by
the Tompkins County Legislature and the Tompkins County Chamber of Commerce to
urge the NYS Legislature to authorize Empire Zone designation within the eleven NYS
counties presently without an Empire Zone.
Alderperson Zumoff stated that while he is generally opposed to tax reduction incentives
to businesses without a corresponding willingness to offer some type of quid pro quo,
such as a living wage, good benefits, contributions to community activities, etc., he
would support this resolution as it is general in nature and does not identify any
particular business ventures.
A vote on the Resolution resulted as follows:
Carried Unanimously
July 7, 2004
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9.2 Neighborhood Housing Initiative Program Amendment – Resolution
By Alderperson Tomlan: Seconded by Alderperson Townsend
WHEREAS, on December 5, 2000, Common Council adopted the Neighborhood
Housing Initiative (NHI) program and amended the program guidelines on October 3,
2001, and
WHEREAS, this program has the goal of acquiring rental residential properties that
negatively affect a neighborhood, renovating the property and selling it to owner
occupants at market rate, and
WHEREAS, the objectives of the program are to eliminate blighting conditions; increase
the number and percentage of homeowners in the City; convert rental properties to
owner-occupancy status; and stimulate private sector investment in neighborhoods, and
WHEREAS, the Ithaca Urban Renewal Agency (IURA) administers the program on
behalf of the City, and
WHEREAS, the program has been running for approximately one and a half years, and
WHEREAS, program guidelines require that properties must be sold through the
multiple listing service, requiring a commission of 7%, on average, and
WHEREAS, the Independent Contractor for the program, Ithaca Neighborhood Housing
Services (INHS), has been purchasing the properties, undertaking the renovation and
facilitating the sale of completed homes under the direction of the Homeownership
Investment Committee, and
WHEREAS, INHS has extensive experience marketing and selling homes under its own
programs, saving half of the commission, while paying a commission to realtors bringing
a buyer to the sale, and
WHEREAS, the Homeownership Investment Committee recommends that the option of
selling properties without using the multiple listing service, in a manner similar to the
process INHS now uses be added to the program guidelines of the Neighborhood
Housing Initiative, and
WHEREAS, the Neighborhood Housing Initiative program guidelines contemplated only
rehabilitation and are silent on the use of demolition and new construction as a
redevelopment tool for program properties, and
WHEREAS, in specific instances, former rental properties exerting a blighting influence
on a neighborhood have been rejected by the Homeownership Investment Committee
for inclusion in the program because rehabilitation of the house was not possible or
financially feasible, and
WHEREAS, in other instances, properties have been purchased for inclusion in the
program and it was later discovered that foundation and other problems were so
extensive as to make rehabilitation of the structure extremely difficult and costly, and
WHEREAS, the inability of the Homeownership Investment Committee to authorize
demolition and rebuilding of housing has seriously hindered the ability of the
Homeownership Investment Committee to achieve the goals of the Neighborhood
Housing Initiative, and
WHEREAS, bond counsel has been consulted on the proposed changes to the program
and has confirmed that these suggested modifications are appropriate for the funding
source, and
July 7, 2004
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WHEREAS, modifications to the Neighborhood Housing Initiative program guidelines
are now being sought to assist the program in moving forward to achieving the
programmatic goals, now therefore, be it
RESOLVED, That the Common Council modifies the Neighborhood Housing Initiative
program guidelines to allow for demolition of housing in specific cases where other
viable and financially feasible options have been explored and rejected as reasonable
possibilities, and be it further
RESOLVED, That the Neighborhood Housing Initiative program guidelines be further
modified to allow for properties to be sold through the marketing done by Ithaca
Neighborhood Housing Services instead of the Multiple Listing Service where, in the
judgment of the Homeownership Investment Committee, the goals of the program would
be adequately served.
Amending Resolution:
By Alderperson Tomlan: Seconded by Alderperson Townsend
RESOLVED, That the first RESOLVED clause be amended to read as follows.
“RESOLVED, That the Common Council modifies the Neighborhood Housing Initiative
program guidelines to allow for demolition of housing in specific cases where other
viable and financially feasible options have been explored and rejected as reasonable
possibilities, contingent upon the following:
1. Establishment by the Homeownership Investment Committee of written guidelines
for demolition and replacement, rather than rehabilitation of program housing; and
2. Provision of at least a 30-day prior notification to staff for the Ithaca Landmarks
Preservation Commission requesting comment on the proposed demolition and
replacement; and
3. The siting and design of replacement housing should respect the integrity and
predominant patterns of the surrounding neighborhood, and be it further”
Carried Unanimously
Main Motion as Amended:
A vote on the Main Motion as amended resulted as follows:
Carried Unanimously
CITY ADMINISTRATION COMMITTEE:
10.1 City Administration – Request Transfer of Funds for Third Quarter Funding
for Southside Community Center
By Alderperson Berry: Seconded by Alderperson Whitmore
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 meetings on January 7, 2004 and March 3, 2004, Common
Council approved funding $34,000 for Southside Community Center from Restricted
Contingency for the first and second quarter operations of 2004, and
July 7, 2004
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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 $44,682.50 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 for third quarter operations of
2004, 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, which represents the balance of the
allocation for 2004, and be it further
RESOLVED, That the Southside Community Center use these funds to maintain
operations and programs through September 30, 2004.
Carried Unanimously
10.2 Attorney – Request Approval of Revised Dispatcher Memorandum of
Understanding
By Alderperson Berry: Seconded by Alderperson Coles
WHEREAS, the City and the County have a long-standing relationship of providing
shared emergency dispatch services, and
WHEREAS, the City currently operates an emergency dispatch unit in the City of Ithaca,
and the County currently operates a dispatching operation (located within the City of
Ithaca) serving the residents of the County, and
WHEREAS, the County is in the process of constructing a new facility that will house
emergency dispatch personnel, and serve as the County’s Emergency Operation
Center, and
WHEREAS, the City and the County believe that the consolidation of the separate
dispatch units into a single unit will promote efficiency and serve the public interest and
safety of the residents of the City of Ithaca and Tompkins County, and
WHEREAS, the City of Ithaca and Tompkins County have been engaged in the process
of negotiating the terms of a Memorandum of Understanding to accomplish the goals
outlined above, and the parties are in agreement on the basic concept, with some
details still remaining to be agreed upon, and
WHEREAS, at its meeting June 2, 2004, the Common Council approved the execution
of the Memorandum of Understanding for Dispatch Services between the City of Ithaca,
and Tompkins County, to be effective July 1, 2004, and
WHEREAS, Tompkins County is now requesting to change the consolidation date from
July 1, 2004 to August 1, 2004 to allow for more time for employee training and more
time for planning the transition, and
WHEREAS, Common Council of the City of Ithaca is satisfied that the one month
postponement in the effective date of the MOU will not have any adverse effects on the
City; now, therefore, be it
RESOLVED, That the Common Council of the City of Ithaca does hereby approve the
execution of the Memorandum of Understanding as outlined in the proposed
Memorandum of Understanding between the City and the County, with the revisions
requested by the Tompkins County Legislature, subject to final agreement between the
parties on some of the terms, and be it further
July 7, 2004
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RESOLVED, That the Mayor be authorized to execute the said Memorandum of
Understanding on behalf of the City upon review and recommendation of the City
Attorney.
Carried Unanimously
10.3 Attorney - Home Rule Request for Enactment of a Special Law
By Alderperson Berry: Seconded by Alderperson Townsend
WHEREAS, a local baseball organization has requested permission to erect fences
around Cass Park baseball fields eight, nine and the proposed field ten and to lease
advertising space on those fences and in other prominent spaces around the fields in
order to fund upkeep of the fields and its recreational baseball league, and
WHEREAS, Senator Randy Kuhl has introduced legislation that would allow the city to
lease baseball field fence space to not-for-profit groups in order to fund field
maintenance and buy baseball equipment in the Senate as Senate Bill Number 07563a,
and Assemblywoman Barbara Lifton has introduced the same legislation in the
Assembly as Assembly Bill Number 11631a, and
WHEREAS, Carolyn Peterson, Mayor of the City of Ithaca, has made a Home Rule
Request for Enactment of a Special Law by the New York State Legislature requesting
enactment of Senate Bill Number 07563a and Assembly Bill Number 11631a and seeks
concurrence therein by Common Council; now, therefore, be it
RESOLVED, That Common Council hereby concurs in the request by the Mayor for
Enactment of a Special Law authorizing the City of Ithaca to enter into a lease with the
Ithaca Babe Ruth League, Inc., for space on fences ringing the Cass Park baseball
fields for the purposes of putting advertising on those fences and using the proceeds to
keep up the fields and fund league purchases, and be it further
RESOLVED, That Common Council hereby authorizes the Mayor to take the necessary
steps to formalize said Home Rule Request, including signing of all necessary
documents.
Extensive discussion followed on the floor regarding the size and location of the signs,
and what purposes the advertising funding is used for.
Mr. Gary Wilhelm, President of the Babe Ruth League explained that the league would
reconstruct and enlarge field 10 and that renovations would be made to fields 8 and 9.
The signs or banners would be 3’ x 5’ and would be placed on the interior of the chain
link fences so they could only be seen by attendees of the ball game. The funds raised
from the advertisements would be used for maintenance of the fields, lighting, etc.
Concerns were expressed by Council members regarding the placement of the signs,
how the advertisements would be used, and the impact that different advertisements
may have on children.
Further discussion followed regarding the use of creative fundraising, and the sense of
community that local advertising can create.
Amending Resolution:
By Alderperson Zumoff: Seconded by Alderperson Coles
RESOLVED, That the first Whereas Clause be amended to read as follows:
“WHEREAS, a local baseball organization has requested permission to erect fences
around Cass Park baseball fields eight, nine and the proposed field ten and to lease
advertising space on those fences in order to fund upkeep of the fields and its
recreational baseball league, and”
Carried Unanimously
Amending Resolution:
By Alderperson Zumoff: Seconded by Alderperson Mackesey
RESOLVED, That an additional Resolved Clause be added to the resolution that would
read as follows:
“RESOLVED, That the final lease shall be subject to the approval of Common Council.”
July 7, 2004
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Ayes (5) Tomlan, Cogan, Zumoff, Mackesey, Coles
Nays (4) Berry, Whitmore, Townsend, Taylor
Failed
Main Motion as Amended:
A vote on the Main Motion as amended resulted as follows:
Ayes (8) Tomlan, Cogan, Zumoff, Coles, Berry, Whitmore, Townsend,
Taylor
Nays (1) Mackesey
Abstentions (0)
Carried
10.4 An Ordinance to Amend Article VI of Chapter 90 of the City of Ithaca
Municipal Code entitled “Equal Opportunity and Affirmative Action” (Adopted by
Ordinance No. 98-25 of 1998) and in its Place to Enact a New Article VI entitled
“Workforce Diversity Plan.”
By Alderperson Berry: Seconded by Alderperson Coles
WHEREAS, the Mayor, Common Council and Senior Staff of the City of Ithaca
recognize the importance of adopting a Workforce Diversity Plan to ensure equal
access to opportunity in employment with the City, and
WHEREAS, the Mayor, Common Council and Senior Staff of the City of Ithaca
recognize that an effective and successful diversity and inclusiveness initiative includes
established and well-defined equal opportunity and affirmative action programs to
ensure equal access to opportunity in employment; now, therefore,
ORDINANCE NO. OF 2004.
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as
follows:-
Section 1. Article VI of Chapter 90 of the City of Ithaca Municipal Code entitled “Equal
Opportunity and Affirmative Action” which was adopted on the 7th day of October, 1998,
by Ordinance No. 98-25 is hereby repealed in its entirety and replaced with a new
Article VI of Chapter 90 of the City Code as follows:-
“The Common Council of the City of Ithaca hereby adopts the Workforce Diversity Plan
dated November 21, 2003, on record in the Office of the City Clerk.”
Section 2. Severability. Severability is intended throughout and within the provisions of
this ordinance. If any section, subsection, sentence, clause, phrase or portion of this
ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction,
then that decision shall not affect the validity of the remaining portions of this ordinance.
Section 3. Effective Date. This Ordinance shall take effect in accordance with law
upon publication of notices as proved in the Ithaca City Charter.
Carried Unanimously
Mayor Peterson thanked the Affirmative Action Advisory Council and all the staff for
their hard work on this document.
10.5 Human Resources – Establishment of City-wide Health Insurance
Committee
By Alderperson Berry: Seconded by Alderperson Coles
WHEREAS, in light of the significant increase in health insurance cost and the City’s
request to share the cost of health insurance with City employees, and
WHEREAS, it is in the City and employee’s best interest to collaborate and identify
ways to decrease the health insurance cost through education, wellness and
identification of other coverage plans; now, therefore, be it
July 7, 2004
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RESOLVED, That Common Council hereby approves the Mayor’s initiative to establish
a City-wide Labor-Management Health Insurance Committee to develop
recommendations for reducing health care costs.
Carried Unanimously
10.7 City Chamberlain – Request to Approve Increase in Parking Fines
By Alderperson Berry: Seconded by Alderperson Zumoff
WHEREAS, a sub-committee met to examine the City’s current parking fine structure
and make recommendations for amendments, and
WHEREAS, the sub-committee included Judge Rossiter, Randy Sterling from Ithaca
Police Department (IPD), Thomas Parsons from Ithaca Fire Department (IFD), Debbie
Parsons and Steven Thayer, and
WHEREAS, after review of the current parking fine structure, the sub-committee
recommended changes to various parking fines and waivers; now, therefore, be it
RESOLVED, That Common Council hereby approves the following City parking fines
and procedures effective August 15, 2004:
Current New
Violation Fine Fine
Overtime meter $10.00 $10.00
Overtime zone $10.00 $10.00
Parking ramp overnight $15.00 $15.00
Parking more than 12” from curb $10.00 $25.00
School zone $15.00 $30.00
Prohibited area $15.00 $30.00
Between curb and walk $15.00 $25.00
Bus stop/taxi stand $15.00 $30.00
Fire hydrant $20.00 $50.00
Crosswalk $15.00 $30.00
Sidewalk $15.00 $25.00
Overtime night (Odd/even) $10.00 $10.00
Other $10.00 $15.00
Driveway $20.00 $35.00
Wrong direction $10.00 $15.00
Truck zone $15.00 $30.00
Double parking $15.00 $30.00
Uninspected $15.00 $25.00
Abandoned $15.00 $25.00
Handicap $80/$105/$130 $80/$105/$130
Yard parking $20/$30/$50 $20/$30/$50
Access $20.00 $50.00
Obstruction of lane/alley $20.00 $50.00
and, be it further
RESOLVED, That Common Council approves the following City parking fines and
procedures effective June 1, 2005:
Overtime meter $10.00 $15.00
Overtime zone $10.00 $15.00
and, be it further
RESOLVED, That effective August 15, 2004, the first overtime meter, overtime zone,
overtime night (odd/even) ticket written to an individual within an eighteen-month period
be waived as a courtesy extended by the city.
July 7, 2004
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Alderperson Tomlan expressed concerns regarding the increased fines for Residential
Parking Permit violations as that is a parking inventory violation and not a safety related
violation. She explained that those violations would be ticketed under “other”.
A vote on the Resolution resulted as follows:
Carried Unanimously
10.8 Planning Department – Request to Amend Capital Project #384 Dey Street
Traffic Calming
By Alderperson Berry: Seconded by Alderperson Whitmore
WHEREAS, a Project for Ithaca Traffic Calming, P.I.N. 375394 (the “Project”) is eligible
for funding under Title 23 U.S. Code, as amended, that calls for the apportionment of
the costs such program to be borne at the ratio of 80% Federal funds and 20% non-
federal funds, and
WHEREAS, the Common Council authorized a total project cost of $140,000 on
December 4, 2002 to cover the costs of Scoping, Design (Phases I-VI), and
Construction of the Project, and
WHEREAS, an additional $27,000 is required to cover the costs of construction,
construction inspection and supervision, and
WHEREAS, the City of Ithaca desires to advance the Project by making a commitment
of 100% of the non-federal share of the cost of construction, construction inspection and
supervision; now, therefore, be it
RESOLVED, That the Common Council hereby approves the above-subject project,
and be it further
RESOLVED, That the Common Council hereby authorizes the City of Ithaca to pay in
the first instance 100% of the federal and non-federal share of the cost of construction,
construction inspection and supervision work for the Project or portions thereof, and be
it further
RESOLVED, That Capital Project #384 is hereby amended in the amount not to exceed
$27,000, which is the additional amount of Dey Street Project costs for construction,
construction inspection and supervision, and be it further
RESOLVED, That, with the $27,000 amendment, the total Capital Project Authorization
of C.P. #384 is now $589,000, and be it further
RESOLVED, That the final total cost of the Dey Street Project shall not exceed
$167,000 with the City’s final Project cost at $12,400 after Federal and State aid
reimbursements, and be it further
RESOLVED, That the $27,000 shall be derived from a General Fund advance with later
repayment by the issuance of Bonds, and be it further
RESOLVED, That in the event the full federal and non-federal share costs of the project
exceeds the amount appropriated above, the Common Council of the City of Ithaca
shall convene as soon as possible to appropriate said excess amount immediately upon
the notification by the New York State Department of Transportation (NYSDOT) thereof,
and be it further
RESOLVED, That the Superintendent of Public Works of the City of Ithaca be and is
hereby authorized to execute all necessary Agreements, certifications of reimbursement
requests for Federal Aid and/or Marchiselli Aid on behalf of the City of Ithaca with the
NYSDOT in connection with the advancement or approval of the Project and providing
for the administration of the Project and the municipality’s first instance funding of
Project costs and permanent funding of the local share of federal-aid and state-aid
eligible Project costs and all Project costs within appropriations therefore that are not so
eligible, and be it further
July 7, 2004
13
RESOLVED, That a certified copy of this resolution be filed with the New York
Commissioner of Transportation by attaching it to any necessary Agreement in
connection with the Project, and be it further
RESOLVED, That this Resolution shall take effect immediately.
Carried Unanimously
8-0 Alderperson Coles absent from vote
10.9 Controller – Bond Resolution
By Alderperson Berry: Seconded by Alderperson Zumoff
BOND RESOLUTION DATED JULY 7, 2004.
A RESOLUTION AUTHORIZING THE ISSUANCE OF $496,000 SERIAL BONDS
OF THE CITY OF ITHACA, TOMPKINS COUNTY, NEW YORK, TO PAY THE
COST OF THE RECONSTRUCTION OF THE GREEN STREET GARAGE
PARKING RAMP IN AND FOR SAID CITY.
WHEREAS, all conditions precedent to the financing of the capital projects
hereinafter described, including compliance with the provisions of the State Environmental
Quality Review Act, have been performed; and
WHEREAS, it is now desired to authorize the financing of such capital projects;
NOW, THEREFORE, BE IT
RESOLVED, by the Common Council of the City of Ithaca, Tompkins County, New
York, as follows:
Section 1. For the specific object or purpose of paying the cost of the reconstruction
of the Green Street Garage parking ramp, in and for the City of Ithaca, Tompkins County,
New York, including incidental expenses in connection therewith, there are hereby
authorized to be issued $496,000 serial bonds of the City of Ithaca, Tompkins County,
New York, pursuant to the provisions of the Local Finance Law.
Section 2. It is hereby determined that the maximum estimated cost of such specific
object or purpose is $496,000, and that the plan for the financing thereof is by the
issuance of the $496,000 serial bonds of said City authorized to be issued pursuant to
bond resolution.
Section 3. It is hereby determined that the period of probable usefulness of the
aforesaid specific object or purpose is twenty years, pursuant to subdivision 12(a)(1) of
paragraph a of Section 11.00 of the Local Finance Law.
Section 4. Subject to the provisions of the Local Finance Law, the power to
authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance
and sale of the serial bonds herein authorized, including renewals of such notes, is hereby
delegated to the City Controller, the chief fiscal officer. Such notes shall be of such terms,
form and contents, and shall be sold in such manner, as may be prescribed by said City
Controller, consistent with the provisions of the Local Finance Law.
Section 5. The faith and credit of said City of Ithaca, Tompkins County, New York,
are hereby irrevocably pledged for the payment of the principal of and interest on such
obligations as the same respectively become due and payable. An annual appropriation
shall be made in each year sufficient to pay the principal of and interest on such
obligations becoming due and payable in such year. There shall annually be levied on all
the taxable real property in said City a tax sufficient to pay the principal of and interest on
such obligations as the same become due and payable.
Section 6. The bonds authorized pursuant to this bond resolution shall be in fully
registered form and shall be signed in the name of the City of Ithaca, Tompkins County,
New York, by the manual or facsimile signature of the City Controller and a facsimile of its
corporate seal shall be imprinted or impressed and may be attested by the manual or
facsimile signature of the City Clerk.
Section 7. The powers and duties of advertising such bonds for sale, conducting
the sale and awarding the bonds, are hereby delegated to the City Controller, who shall
advertise such bonds for sale, conduct the sale, and award the bonds in such manner as
he shall deem best for the interests of the City, provided, however, that in the exercise of
July 7, 2004
14
these delegated powers, he shall comply fully with the provisions of the Local Finance Law
and any order or rule of the State Comptroller applicable to the sale of municipal bonds.
The receipt of the City Controller shall be a full acquittance to the purchaser of such
bonds, who shall not be obliged to see to the application of the purchase money.
Section 8. All other matters, except as provided herein relating to such bonds,
including determining whether to issue such bonds having substantially level or declining
annual debt service, including prescribing whether manual or facsimile signatures shall
appear on said bonds, prescribing the method for the recording of ownership of said
bonds, appointing the fiscal agent or agents for said bonds, providing for the printing and
delivery of said bonds (and if said bonds are to be executed in the name of the City by the
facsimile signature of its City Controller, providing for the manual countersignature of a
fiscal agent or of a designated official of the City), the date, denominations, maturities and
interest payment dates, place or places of payment, and also including the consolidation
with other issues, shall be determined by the City Controller. It is hereby determined that it
is to the financial advantage of the City not to impose and collect from registered owners of
such serial bonds any charges for mailing, shipping and insuring bonds transferred or
exchanged by the fiscal agent, and, accordingly, pursuant to paragraph c of Section 70.00
of the Local Finance Law, no such charges shall be so collected by the fiscal agent. Such
bonds shall contain substantially the recital of validity clause provided for in section 52.00
of the Local Finance Law and shall otherwise be in such form and contain such recitals in
addition to those required by section 52.00 of the Local Finance Law, as the City Controller
shall determine.
Section 9. The validity of such bonds and bond anticipation notes may be contested
only if:
1) Such obligations are authorized for an object or purpose for
which said City is not authorized to expend money, or
2) The provisions of law which should be complied with at the
date of publication of this resolution are not substantially complied with,
and an action, suit or proceeding contesting such validity is commenced within twenty
days after the date of such publication, or
3) Such obligations are authorized in violation of the provisions of
the Constitution.
Section 10. This resolution shall constitute a statement of official intent for
purposes of Treasury Regulations Section 1.150-1. Other than as specified in this
resolution, no monies are, or are reasonably expected to be, reserved, allocated on long-
term basis, or otherwise set aside with respect to the permanent funding of the object or
purpose described herein.
Section 11. This resolution, which takes effect immediately, shall be published in full
in the Ithaca Journal, the official newspaper, together with a notice of the City Clerk in
substantially the form provided in Section 81.00 of the Local Finance Law.
The question of the adoption of the foregoing resolution was duly put to a vote on
roll call, which resulted as follows:
Alderperson Coles - Aye Alderperson Mackesey - Aye
Alderperson Whitmore –Aye Alderperson Berry - Aye
Alderperson Tomlan – Aye Alderperson Zumoff - Aye
Alderperson Taylor –Aye Alderperson Townsend –Aye
Alderperson Cogan - Aye Alderperson Holtham Korherr - ABSENT
Carried Unanimously
10.10 Controller – Possible Sales Tax Holiday in August – Possible
Resolution
City Controller Thayer requested that this item be withdrawn from the agenda as New York
State has advised that the City does not need to take action to participate in the tax-
exempt week on August 31 – September 6, 2004, as it participated in the previous tax-free
week.
COMMUNITY SERVICES COMMITTEE:
11.1 Resolution Urging the Tompkins County Legislature to Continue its
Support of the Intermunicipal Recreation Partnership
By Alderperson Whitmore: Seconded by Alderperson Coles
July 7, 2004
15
WHEREAS, the Intermunicipal Recreation Partnership (IRP) was founded in 1994 as a
creative solution to the varied recreational needs of County youth, and
WHEREAS, Tompkins County was an essential partner is supporting the establishment
of the Intermunicipal Recreation Partnership, and
WHEREAS, Tompkins County has provided on-going financial support to the
Recreation Partnership: these funds totaling one quarter of the IRP’s annual operating
budget, and
WHEREAS, in May 2003, the Tompkins County Legislature formally reaffirmed its
support for the Intermunicipal Recreation Partnership, recognizing the unique
intermunicipal nature of the IRP, its benefit to the County and its relatively low cost to
taxpayers, and
WHEREAS, Tompkins County voted in November 2003 to decrease financial support to
the IRP for fiscal year 2004 and designated this funding as a one-time expenditure, and
WHEREAS, the total withdrawal of County funding would lead to a significant loss in
recreation programming for County youth, and
WHEREAS, the City of Ithaca feels it is in the best interest of all participating
municipalities that Tompkins County continue its support for the IRP, now, therefore be
it
RESOLVED, the City of Ithaca strongly urges the Tompkins County Legislature to
reaffirm its commitment to the Intermunicipal Recreation Partnership, and, be it further
RESOLVED, the City of Ithaca strongly urges the Tompkins County Legislature to
continue its financial support for the Intermunicipal Recreation Partnership in 2005.
Alderperson Whitmore explained that if the County withdraws its funding for 2005, the
city would realize an increase of $10,000 or face a significant reduction in programming.
A vote on the Resolution resulted as follows:
Carried Unanimously
11.2 An Ordinance Amending Chapter 232. Entitled “Licensing of Businesses &
Occupations” of the City of Ithaca Municipal Code Regarding Taxi Cab Rates
By Alderperson Whitmore: Seconded by Alderperson Coles
Ordinance 04-
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, New
York, as follows:
Section 1. The City of Ithaca Municipal Code, Section 232-70 entitled “Rates”, and
the Taxicab Zones and Rates Schedule is hereby amended as follows:
Zone Charges – One Passenger
Departure Zone
1 2 3 4 5 6
1 4.60 5.10 5.10 5.10 5.60 5.60
2 5.10 4.60 5.10 5.10 5.60 5.60
3 5.10 5.10 4.60 5.10 5.10 5.10
4 5.10 5.10 5.10 4.60 5.10 5.10
5 5.60 5.60 5.10 5.10 4.60 5.10
6 5.60 5.60 5.10 5.10 5.10 4.60
Section 2. Late night surcharges.
Section 232-70 B (5) is hereby amended to read as follows:
“A taxicab driver may charge an additional $0.50 per passenger for each trip
commencing or terminating between 8:00 p.m. and 5:00 a.m.”
July 7, 2004
16
Section 3. SEVERABILITY. Severability is intended throughout and within the
provisions of the ordinance. If any section, subsection, sentence, clause, phrase or
portion of this ordinance is held to be invalid or unconstitutional by a court of competent
jurisdiction, then that decision shall not affect the validity of the remaining portions of
this ordinance.
Section 4. SUNSET. This Ordinance shall sunset on December 31, 2004.
Section 5. EFFECTIVE DATE. This Ordinance shall take effect immediately and in
accordance with law upon publication of notice as provided in the Ithaca City Charter.
Alderperson Whitmore explained that this Ordinance represents a $.25 increase across
the board, and an increase in a surcharge for people who use cabs between 8:00 p.m.
and 5:00 a.m.. He further explained that Mr. John Kadar, owner of Ithaca Dispatch,
attempted to minimize the increases to people who rely on the services of a cab for their
daily needs.
Discussion followed on the floor regarding the use of a sunset clause in regards to
temporary high gas prices. and how price increases are affecting different
constituencies.
A vote on the Ordinance resulted as follows:
Carried Unanimously
11.3 Request of Ithaca Downtown Partnership to Permit Sale of Beer at Race
Day 2004 – Resolution
By Alderperson Whitmore: Seconded by Alderperson Coles
WHEREAS, the Ithaca Downtown Partnership has requested that Common Council
authorize its request to sell beer at Race Day 2004, and
WHEREAS, the Ithaca Downtown Partnership provided the attached plan to address
the logistical concerns raised by the Community Services Committee, now, therefore be
it
RESOLVED, That the Ithaca Downtown Partnership shall be authorized to arrange for
the sale of beer within a permitted area in Bank Alley delineated by the map and in
accordance with the revised plan dated June 22, 2004, at Race Day 2004 on
Wednesday August 11, 2004, taking place on the Ithaca Commons; and, be it further
RESOLVED, That the Ithaca Downtown Partnership and the associated businesses
shall comply with all applicable state and local laws and ordinances, and shall enter into
an agreement providing that it will hold the City harmless and indemnify the City on
account of any claims made as the result of the sale of beer in the designated area on
the Ithaca Commons, and, be it further
RESOLVED, That the Ithaca Downtown Partnership and associated businesses shall
agree to maintain liability insurance in the amount of $1,000,000 and Dram Shop Act
coverage in the minimum amount of $1,000,000, and evidence of such insurance to the
City Clerk, and, be it further
RESOLVED, That the City of Ithaca shall be added as an additional insured under the
insurance policies of the Ithaca Downtown Partnership and businesses associated with
this event.
Discussion followed on the floor with Alderperson Zumoff stating that he had discussed
this issue with the Commons Advisory Board and found their response to be neutral.
The Ithaca Downtown Partnership has addressed many of the concerns expressed
including additional port-a-johns, and higher fencing.
Alderperson Whitmore thanked the Community Services Committee members for
attending an additional meeting to get this issue addressed.
July 7, 2004
17
A vote on the Resolution resulted as follows:
Ayes (8) Cogan, Whitmore, Berry, Coles, Zumoff, Taylor,
Townsend, Mackesey
Nays (1) Tomlan
Carried
GOVERNANCE COMMITTEE:
12.1 Amendment to Common Council Rules of Procedures – Resolution
By Alderperson Mackesey: Seconded by Alderperson Zumoff
RESOLVED, That the Rules of Procedure adopted by Common Council on March 3,
2004, are hereby amended as follows:
Section II, paragraph 6 is amended to read as follows:
(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)).
a. Petitions and Hearings of Spokespersons Before Council 1
Any provision herein to the contrary notwithstanding, a group of three or four
persons wishing to be heard in regards to matters within the scope of the powers of the
Common Council may designate a spokesperson to address the Common Council on
behalf of said group. Such a spokesperson will be permitted to speak for five minutes.
Similarly, a group of five or more may designate a spokesperson to address the
Common Council on behalf of said group. Such a spokesperson will be permitted to
speak for seven minutes. All persons represented by such a spokesperson must be
present at the Common Council meeting in order for the spokesperson to be heard. All
spokespersons speaking before Council will observe the Rules of Order posted in
Common Council Chambers (See Section III (v)).
Section III(V) is hereby amended to read as follows:
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 speaker’s time 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. The
provisions of this subsection shall apply to spokespersons, designated per Section II
(6)(a), with the exception that the time limit afforded such persons shall be either five or
seven minutes, depending on the size of the group the spokesperson represents.
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. Any
spokesperson, appointed pursuant to Section II (6)(a), who shall desire to speak at a
meeting of Common Council, or a Council Committee shall fill out a form stating her or
his name, the name, if any, of the group she or he represents, the names of those
persons that the spokesperson is designated to represent, and the topic upon which
they will comment. If a person identifies himself or herself as a member of such a
group, he or she may not exercise the individual right to address council or committee at
the same meeting. In completing this card or form 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, the municipality in which they reside, and the
name of the group they represent, if any, for the record.
July 7, 2004
18
Extensive discussion followed on the floor regarding the ability for a speaker
representing several people to speak beyond the 3 minute time period.
Amending Resolution:
By Alderperson Mackesey: Seconded by Alderperson Tomlan
RESOLVED, That the next to the last sentence of paragraph “a” above be amended to
read as follows:
“All persons represented by such a spokesperson must be present at the Common
Council meeting, and appear with the speaker in order for the spokesperson to be
heard.”
Carried Unanimously
Amending Resolution:
By Alderperson Tomlan: Seconded by Alderperson Mackesey
RESOLVED, That the last sentence in section 3 be amended to read as follows: “Upon
speaking, each person shall verbally state their name, the municipality in which they
reside, and the name of the group and the persons they represent, if any, for the
record.”
Ayes (8) Taylor, Townsend, Cogan, Whitmore, Coles, Tomlan,
Zumoff, Berry
Nays (1) Mackesey
Carried
Alderperson Coles thanked the Governance Committee for their hard work on this
issue.
Main Motion as Amended:
A vote on the Main Motion as Amended resulted as follows:
Carried Unanimously
10.6 Possible Motion to Enter into Executive Session to Discuss Collective
Bargaining
By Alderperson Whitmore: Seconded by Alderperson Coles
RESOLVED, That Common Council enter into Executive Session to discuss collective
bargaining.
Carried Unanimously
Common Council reconvened into regular session with no formal action taken.
NEW BUSINESS:
Alderperson Berry reported that she has been working with the editors of the local
newspapers to clarify the language they use when writing articles. She encouraged
Council members to get to know the local news reporters.
Mayor Peterson announced that the Police Chief interviews would be conducted on July
8, 2004 at 4:30 p.m. in Common Council Chambers in City Hall. These interviews are
open for the public to hear the candidates.
REPORT OF CITY CONTROLLER:
City Controller Thayer reported that the city is being re-rated by Moody’s, and he should
have an indication on what our rating will be by the end of the week. This rating will
affect the renewal of bond anticipation notes in August.
REPORT OF CITY ATTORNEY:
City Attorney Luster reported that the Red Bud Woods Notice of Appeal has been filed.
He further reported that the Answer and Cross-Claim in the Same Gender Marriage
Case has also been filed and motions are expected to be heard in October in Tompkins
County Supreme Court.
July 7, 2004
19
MINUTES FROM PREVIOUS MEETINGS:
21.1 Approval of May 5, 2004 Regular Common Council Meeting, June 3, 2004
Committee of the Whole Meeting, and June 28, 2004 Committee of the Whole
Meeting Minutes
By Alderperson Townsend: Seconded by Alderperson Taylor
RESOLVED, That the May 5, 2004 Regular Common Council Meeting Minutes be
approved as published, and, be it further
RESOLVED, That the June 3, 2004 Committee of the Whole Meeting Minutes be
approved as published, and, be it further
RESOLVED, That the June 28, 2004 Committee of the Whole Meeting Minutes be
approved as published.
Carried Unanimously
ADJOURNMENT:
On a motion the meeting adjourned at 9:55 p.m.
______________________________ _______________________________
Julie Conley Holcomb, CMC Carolyn K. Peterson,
City Clerk Mayor