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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 July 7, 2004 3 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 July 7, 2004 4 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 5 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 6 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 7 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 8 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 9 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 10 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 11 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 12 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