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HomeMy WebLinkAboutMN-CC-2004-08-04COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 7:00 p.m. August 4, 2004 PRESENT: Mayor Peterson Alderpersons (9) Coles, Berry, Whitmore, Tomlan, Zumoff, Taylor, Townsend, Cogan, Korherr OTHERS PRESENT: City Clerk – Conley Holcomb City Attorney – Luster City Controller – Thayer Deputy Planning & Development Director – Cornish Superintendent of Public Works – Gray Assistant Superintendent of Water & Sewer - Fabbroni Fire Chief – Wilbur Assistant City Attorney – Robert Sarachan EXCUSED: Alderperson Mackesey PLEDGE OF ALLEGIANCE: Mayor Peterson led all present in the Pledge of Allegiance to the American Flag. ADDITIONS TO OR DELETIONS FROM THE AGENDA: City Administration Committee: Alderperson Berry requested the deletion of Item 11.1 City Chamberlain – Request Approval of Tax Penalty Waiver – Resolution pending further information from the City Attorney’s Office. No Council member objected. Community Services Committee: Alderperson Whitmore requested the addition of a Report on the Recreation Partnership. No Council member objected. Approval of Minutes: Alderperson Zumoff requested the deletion of approval of the Minutes of the July 7, 2004 Common Council meeting, as they have not yet been distributed. No Council member objected. SPECIAL ORDER OF BUSINESS: 4.1 A Public Hearing to Consider an Ordinance to Amend Chapter 325 of the City of Ithaca Municipal Code Entitled “Zoning” to Amend the U-1 Zoning District. Alderperson Tomlan explained the intent of the proposed Ordinance. Resolution to Open Public Hearing: By Alderperson Taylor: Seconded by Alderperson Holtham Korherr RESOLVED, That the Public Hearing to Consider an Ordinance to Amend Chapter 325 of the City of Ithaca Municipal code Entitled “Zoning” to Amend the U-1 Zoning District be declared open. Carried Unanimously August 4, 2004 2 The following people addressed Common Council: Vanda McMurtry, Cornell University John Schroeder, City of Ithaca Joel Harlan, Town of Newfield Guy Gerard, City of Ithaca Neil Oolie, City of Ithaca Resolution to Close Public Hearing By Alderperson Whitmore: Seconded by Alderperson Coles RESOLVED, That the Public Hearing to Consider an Ordinance to Amend Chapter 325 of the City of Ithaca Municipal code Entitled “Zoning” to Amend the U-1 Zoning District be declared closed. Carried Unanimously SPECIAL PRESENTATIONS BEFORE COUNCIL: Rosemarie Tucker – Groton Town Historian made a presentation on behalf of City Historian Jane Marsh Dieckmann of the new “Place Names of Tompkins County” book that was put together by 16 of the County’s local historians. “Place Names of Tompkins County” is a book that depicts the history of the names of streets, roads, parks and local regions. The book is being sold for $6.00 at the City Clerk’s Office and the Tompkins County History Center. Ms. Tucker presented a copy of the book to Mayor Carolyn K. Peterson. Richard Booth, 3rd District Representative of the Tompkins County Legislature reported to Common Council on the following matters: Proposed purchase of 5% renewable energy Interim Report of the Air Service Task Force on status of US Airways Proposed 2005 County budget County sales tax figures are above projections Proposed capital project to rebuild county roads Tompkins County Jail discussions TCAT Re-organization New York State budget PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: The following people addressed Common Council: Joel Harlan, Town of Newfield – Support of Mayor’s appointment to Police Chief, Noise Ordinance Patricia Dunn, Town of Ithaca – Support of Deputy Police Chief Signer’s appointment to Police Chief Brian Weinstein, Union President of the Ithaca Paid Firefighter’s Union – Ratification of Ithaca Paid Firefighter’s Union Contract James Slezak, City of Ithaca – Opposition of proposed Noise Ordinance amendment Ross Blankenship, City of Ithaca – Opposition of proposed Noise Ordinance amendment Guy Gerard, City of Ithaca – Support of Mayor’s appointment to Police Chief, lack of information regarding the Planned Unit Development (PUD) proposal Neil Oolie, City of Ithaca – Support of Mayor’s appointment to Police Chief Jeff Huddle, President of Ithaca PBA – Mayor’s Police Chief selection process, PBA support for Lt. Beau Saul as Police Chief Sonraeanna Carubia, City of Ithaca – Veto Mayor’s appointment to Police Chief, support of Lt. Beau Saul Kathy Luz Herrera, City of Ithaca – Call for community unity, support of Deputy Police Chief Signer’s appointment to Police Chief, support of U-1 Zoning proposal Peter Silag, City of Ithaca – Opposed to Police Chief selection process and Mayor’s appointment to Police Chief Tom Torrens, City of Ithaca – Opposed to Police Chief selection process and Mayor’s appointment to Police Chief August 4, 2004 3 Diann Sams, Town of Ithaca – Thanked Mayor for her “Open Door” policy and open selection process for Police Chief position; racism in Police Department JoAnn Basgall, City of Ithaca – Thanked Mayor for open selection process for Police Chief Larry Shinagawa, Town of Ithaca – Support of Mayor’s appointment of Police Chief; Civil Service exam concerns PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR: Alderperson Zumoff responded to comments made regarding the Police Chief selection process. Alderperson Berry responded to comments made regarding the division of Ithacans and the need to find unity. Alderperson Whitmore spoke regarding the reality of issues the city faces including racism and sexism and how the city needs to address them. Alderperson Coles responded to comments made about the Mayor’s appointment of Police Chief. Alderperson Korherr responded to comments made about the proposed Noise Ordinance amendment. Alderperson Tomlan responded to comments made regarding the Planned Unit Development (PUD) proposal and announced the creation of a sub-committee to further review this issue. She further addressed comments made about the Police Chief selection process. Alderperson Cogan responded to comments made regarding the Police Chief selection process. Alderperson Townsend commended the Mayor for an open selection process for Police Chief. Mayor Peterson responded to comments made regarding the Police Chief selection process and her appointment to the Police Chief position. CONSENT AGENDA ITEMS: 8. CONSENT AGENDA ITEMS: 8.1 Planning, Neighborhoods & Economic Development Committee: Authorization of a Grant Submission to the Environmental Protection Fund for a Feasibility Study for the Third Phase of the Cayuga Waterfront Trail - Resolution By Alderperson Cogan: Seconded by Alderperson Berry WHEREAS, the New York State Department of State has announced the availability of grant applications under the Environmental Protection Fund’s Local Waterfront Revitalization Program, and WHEREAS, Common Council approves and endorses the submission of an application to assist in the study of the third phase of the Cayuga Waterfront Trail, including the feasibility of using wastewater effluent to irrigate the golf course and the possibility of creating a dredge spoil site off the west end of Stewart Park, now, therefore, be it RESOLVED, That H. Matthys Van Cort, as Director of Planning & Development for the City of Ithaca, is hereby authorized and directed to file an application for funds from the New York State Department of State in accordance with the provisions of Title 11 of the Environmental Protection Act of 1993 in an amount not to exceed $50,000, and upon approval of said request to enter into and execute a project agreement with the State for such financial assistance to the City of Ithaca for a feasibility study for the third phase of the Cayuga Waterfront Trail, and be it further August 4, 2004 4 RESOLVED, That the local share of this grant application will not be derived from City of Ithaca financing, but shall be raised by the Cayuga Waterfront Trail Initiative. Carried Unanimously City Administration Committee: 8.2 City Chamberlain – Request Transfer of Funds for Temporary Employee By Alderperson Cogan: Seconded by Alderperson Berry WHEREAS, a Customer Service Representative in the Chamberlain’s office resigned in March, and WHEREAS, a temporary employee was hired until a permanent replacement was hired, and WHEREAS, an 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 amount not to exceed $4,121.17, to cover the total cost of the temporary employee, from account A1317-5110 to account A1317-5435. Carried Unanimously 8.3 City Chamberlain – Request Transfer of Funds for Part-time Employee By Alderperson Cogan: Seconded by Alderperson Berry WHEREAS, the processing of the City’s outgoing mail was adversely affected by staff reductions in 2003, and WHEREAS, an individual was hired for two hours a day to perform these duties through the Youth Employment Service, providing much needed assistance, and WHEREAS, YES funding ceased in early March, and WHEREAS, the employee was retained by the Chamberlain’s office to be paid from existing budget lines; now, therefore, be it RESOLVED, That Common Council authorizes the City Controller to transfer an amount not to exceed $2,541, to cover the total cost of the part-time employee, from account A1317-5425 to account A1317-5120. Carried Unanimously 8.5 City Chamberlain – Request Approval to Waive Tax Penalty By Alderperson Cogan: Seconded by Alderperson Berry WHEREAS, the owner of 330 E. State Street has asked for a waiver of penalty for City first installment taxes, paid with penalty in July; now therefore be it RESOLVED, pursuant to the guidelines approved by Common Council on June 6, 2001, the penalty on the installment taxes shall be waived. Carried Unanimously 8.6 Fire Department – Request to Amend Authorized Budget By Alderperson Cogan: Seconded by Alderperson Berry WHEREAS, grant funds in the amount of $10,000 were received on December 31, 2003, from the Triad Foundation, specifically for the purpose of supporting the cost of training nine fire fighters over twelve months to operate new technology and equipment received by the Department of Homeland Security, and WHEREAS, the grant was specifically intended and directed to cover the cost of off-duty work by Hazardous Materials Team members who must be compensated at overtime rates when they come in to participate in team-based training activities, and WHEREAS, those funds were deposited January 12, 2004, via revenue account A3410- 2705, to the City of Ithaca General Fund, and August 4, 2004 5 WHEREAS, the funds to support this training are being expended from the A3410-5125 Overtime line, and the 12300 – Emergency Management Program; now, therefore, be it RESOLVED, That Common Council hereby amends the 2004 Authorized Fire Department Budget as follows: Increase Revenue Account: A3410-2705 Gifts & Donations $10,000 Increase Appropriation Account: A3410-5125-12300 Overtime Emergency Management $10,000 and, be it further RESOLVED, That said budget amendment shall be used for the sole purpose of supporting the off-duty attendance at training for members of the Ithaca Fire Department Hazardous Materials Team as described herein. Carried Unanimously 9. GOVERNANCE COMMITTEE: 9.1 An Ordinance to Amend Chapter 240, section 4, 6 and 7, of the City of Ithaca Municipal Code entitled “Noise”. By Alderperson Zumoff: Seconded by Alderperson Korherr WHEREAS the Common Council of the City of Ithaca has reviewed the noise ordinance provisions in the City Code and find that some provisions in the respective laws require amendment in order to promote the harmonious coexistence of all city residents in a manner which is mutually respectful of the interests, rights and obligations of all persons, now therefore ORDINANCE NO.___ of 2004 BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows: Section 1: Sections 240-4, 240-6, 240-7, of Chapter 240 of the City of Ithaca Municipal Code entitled “Noise” are hereby amended as follows: § 240-4. Unreasonable noise prohibited. A. No person shall intentionally cause public inconvenience, annoyance or alarm or recklessly create a risk thereof by making unreasonable noise or by causing unreasonable noise to be made. B. For the purpose of implementing and enforcing the standard set forth in Subsection A of this section, "unreasonable noise" shall mean any sound created or caused to be created by any person which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of the public or which causes injury to animal life or damages to property or business. Factors to be considered in determining whether unreasonable noise exists in a given situation include but are not limited to any or all of the following: (1) The intensity of the noise. (2) Whether the nature of the noise is usual or unusual. (3) Whether the origin of the noise is associated with nature or human-made activity. (4) The intensity of the background noise, if any. (5) The proximity of the noise to sleeping facilities. (6) The nature and the zoning district of the area within which the noise emanates and of the area within 500 feet of the source of the sound. (7) The time of the day or night the noise occurs. (8) The time duration of the noise. (9) Whether the sound source is temporary. August 4, 2004 6 (10) Whether the noise is continuous or impulsive. (11) The volume of the noise. (12) The existence of complaints concerning the noise from persons living or working in different places or premises who are affected by the noise. C. This section shall not be interpreted to prevent the issuance of permits pursuant to § 240-14 that will authorize particular sound sources. D. For the purposes of this section: (1). For an offense that occurs on any public property where permission was obtained to use that public property, a "person" shall include the person or persons who obtained permission to utilize that property for that event. (2) For an offense that occurs on private property, a “person” shall include any adult person or persons who live in or on the property that is involved in the offense. (3) For an offense that occurs after granting of a permit pursuant to Article III of this chapter, a “person” shall include the person or persons who are listed on the permit. § 240-6. Radios, television sets and similar sound-amplifying devices. A. It shall be unlawful for any person anywhere in the city to use or to operate any radio or receiving set, musical instrument, phonograph, television set, any other machine or device for the producing or reproducing of sound or any other sound-amplifying equipment in a loud, annoying or offensive manner such that noise from the device interferes with the comfort, repose, health or safety or members of the public or recklessly creates a risk thereof, within any building or, outside of a building, at a distance of 25 feet or more from the source of such sound or interferes with the conversation of members of the public who are 25 feet or more from the source of such sound. B. For the purposes of this section: (1). For an offense that occurs on any public property where permission was obtained to use that public property, a "person" shall include the person or persons who obtained permission to utilize that property for that event. (2) For an offense that occurs on private property, a “person” shall include any adult person or persons who live in or on the property that is involved in the offense. (3) For an offense that occurs after granting of a permit pursuant to Article III of this chapter, a “person” shall include the person or persons who are listed on the permit. § 240-7. Parties and other social events. A. It shall be unlawful for any person in charge of a party or other social event that occurs on any private or public property to allow that party or event to produce noise in a loud, annoying or offensive manner such that noise from the party interferes with the comfort, repose, health or safety of members of the public within any building or, outside of a building, or recklessly creates the risk thereof, at a distance of 25 feet or more from the source of such sound. B. For the purposes of this section, a "person in charge of a party or other social event": (1) That occurs on any public property shall include the person or persons who obtained permission to utilize that property for that event. (2) That occurs on private property shall include the person who owns the premises involved and any adult person who lives in or on the premises involved in such party or social event. (3) Shall include the person who is listed on a permit granted pursuant to Article III of this chapter with respect to such event. Section 2: SEVERABILITY CLAUSE. Severability is intended throughout and within the provision of the ordinance. If any section, subsection, sentence, clause, phrases or portion of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall no affect the validity of the remaining portions of this ordinance. August 4, 2004 7 Section 3: EFFECTIVE DATE. This Ordinance shall take effect immediately and in accordance with law upon publication of notice as provided in the Ithaca City Charter. Discussion followed on the floor regarding the format of the proposed Ordinance as the Governance Committee had discussed and voted separately on the new proposed language in Sections 240-4D/240-6B and Sections 240-6A/240-7A. Motion to Refer Back to Committee: By Alderperson Taylor: Seconded by Alderperson Townsend RESOLVED, That this Ordinance be referred back to the Governance Committee for further discussion. Ayes (5) Whitmore, Taylor, Townsend, Korherr, Cogan Nays (4) Berry, Zumoff, Coles, Tomlan Failed Further discussion followed on the floor regarding the issue of Ithaca Police Officers being able to make arrests under the Noise Ordinance without a formal complaint from a resident. Motion to Divide the Ordinance: By Alderperson Taylor: Seconded by Alderperson Whitmore RESOLVED, That the proposed Ordinance be divided into two separate ordinances. Ayes (8) Whitmore, Berry, Zumoff, Tomlan, Taylor, Townsend, Cogan, Korherr Nays (1) Coles Carried City Clerk Holcomb was directed to divide the Ordinance as follows: 9.1 An Ordinance to Amend Chapter 240, sections 4 and 6, of the City of Ithaca Municipal Code entitled “Noise”. By Alderperson Whitmore: Seconded by Alderperson Korherr WHEREAS the Common Council of the City of Ithaca has reviewed the noise ordinance provisions in the City Code and find that some provisions in the respective laws require amendment in order to promote the harmonious coexistence of all city residents in a manner which is mutually respectful of the interests, rights and obligations of all persons, now therefore ORDINANCE NO.___ of 2004 BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows: Section 1: Sections 240-4 and 240-6 of Chapter 240 of the City of Ithaca Municipal Code entitled “Noise” are hereby amended as follows: § 240-4. Unreasonable noise prohibited. A. No person shall intentionally cause public inconvenience, annoyance or alarm or recklessly create a risk thereof by making unreasonable noise or by causing unreasonable noise to be made. B. For the purpose of implementing and enforcing the standard set forth in Subsection A of this section, "unreasonable noise" shall mean any sound created or caused to be created by any person which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of the public or which causes injury to animal life or damages to property or business. Factors to be considered in determining whether unreasonable noise exists in a given situation include but are not limited to any or all of the following: August 4, 2004 8 (1) The intensity of the noise. (2) Whether the nature of the noise is usual or unusual. (3) Whether the origin of the noise is associated with nature or human-made activity. (4) The intensity of the background noise, if any. (5) The proximity of the noise to sleeping facilities. (6) The nature and the zoning district of the area within which the noise emanates and of the area within 500 feet of the source of the sound. (7) The time of the day or night the noise occurs. (8) The time duration of the noise. (9) Whether the sound source is temporary. (10) Whether the noise is continuous or impulsive. (11) The volume of the noise. (12) The existence of complaints concerning the noise from persons living or working in different places or premises who are affected by the noise. C. This section shall not be interpreted to prevent the issuance of permits pursuant to § 240-14 that will authorize particular sound sources. D. For the purposes of this section: (1). For an offense that occurs on any public property where permission was obtained to use that public property, a "person" shall include the person or persons who obtained permission to utilize that property for that event. (2) For an offense that occurs on private property, a “person” shall include any adult person or persons who live in or on the property that is involved in the offense. (3) For an offense that occurs after granting of a permit pursuant to Article III of this chapter, a “person” shall include the person or persons who are listed on the permit. § 240-6. Radios, television sets and similar sound-amplifying devices. … B. For the purposes of this section: (1). For an offense that occurs on any public property where permission was obtained to use that public property, a "person" shall include the person or persons who obtained permission to utilize that property for that event. (2) For an offense that occurs on private property, a “person” shall include any adult person or persons who live in or on the property that is involved in the offense. (3) For an offense that occurs after granting of a permit pursuant to Article III of this chapter, a “person” shall include the person or persons who are listed on the permit. Section 2: SEVERABILITY CLAUSE. Severability is intended throughout and within the provision of the ordinance. If any section, subsection, sentence, clause, phrases or portion of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall no affect the validity of the remaining portions of this ordinance. Section 3: EFFECTIVE DATE. This Ordinance shall take effect immediately and in accordance with law upon publication of notice as provided in the Ithaca City Charter. Ayes (7) Berry, Whitmore, Zumoff, Taylor, Townsend, Cogan, Korherr Nays (2) Tomlan, Coles Carried 9.1A An Ordinance to Amend Chapter 240, section 6 and 7, of the City of Ithaca Municipal Code entitled “Noise”. By Alderperson Zumoff: Seconded by Alderperson Tomlan WHEREAS the Common Council of the City of Ithaca has reviewed the noise ordinance provisions in the City Code and find that some provisions in the respective laws require amendment in order to promote the harmonious coexistence of all city residents in a manner which is mutually respectful of the interests, rights and obligations of all persons, now therefore August 4, 2004 9 ORDINANCE NO.___ of 2004 BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows: Section 1: Sections 240-6, 240-7, of Chapter 240 of the City of Ithaca Municipal Code entitled “Noise” are hereby amended as follows: § 240-6. Radios, television sets and similar sound-amplifying devices. A. It shall be unlawful for any person anywhere in the city to use or to operate any radio or receiving set, musical instrument, phonograph, television set, any other machine or device for the producing or reproducing of sound or any other sound-amplifying equipment in a loud, annoying or offensive manner such that noise from the device interferes with the comfort, repose, health or safety or members of the public or recklessly creates a risk thereof, within any building or, outside of a building, at a distance of 25 feet or more from the source of such sound or interferes with the conversation of members of the public who are 25 feet or more from the source of such sound. § 240-7. Parties and other social events. A. It shall be unlawful for any person in charge of a party or other social event that occurs on any private or public property to allow that party or event to produce noise in a loud, annoying or offensive manner such that noise from the party interferes with the comfort, repose, health or safety of members of the public within any building or, outside of a building, or recklessly creates the risk thereof, at a distance of 25 feet or more from the source of such sound. B. For the purposes of this section, a "person in charge of a party or other social event": (1) That occurs on any public property shall include the person or persons who obtained permission to utilize that property for that event. (2) That occurs on private property shall include the person who owns the premises involved and any adult person who lives in or on the premises involved in such party or social event. (3) Shall include the person who is listed on a permit granted pursuant to Article III of this chapter with respect to such event. Section 2: SEVERABILITY CLAUSE. Severability is intended throughout and within the provision of the ordinance. If any section, subsection, sentence, clause, phrases or portion of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall no affect the validity of the remaining portions of this ordinance. Section 3: EFFECTIVE DATE. This Ordinance shall take effect immediately and in accordance with law upon publication of notice as provided in the Ithaca City Charter. Extensive discussion followed on the floor as this Ordinance would allow Police Officers to issue tickets under the Noise Ordinance without receiving an official complaint. Alderperson Taylor spoke in opposition to the Ordinance, as he believes that a complaint from a resident should be required before a Police Officer can issue a ticket for unreasonable noise. He stated that different neighborhoods have different tolerances and that it should be a neighborhood decision of what noise is unreasonable, not an individual Police Officer’s. He requested that the Ordinance be referred back to the Governance Committee for further discussion. Alderperson Berry expressed concerns regarding student targeting, and individual police officers using their power in an arbitrary and capricious manner. August 4, 2004 10 Alderperson Whitmore noted that this would constitute an expansion of police power and that it should be considered carefully. Alderpersons Coles, Tomlan and Korherr stated that many residents do not feel comfortable with calling the Police Department for these types of complaints and would suffer the inconvenience in silence. They further stated that Police Officers should be able to use their professional judgment as to whether noise in the neighborhoods is unreasonable or not. Alderperson Zumoff expressed the need for continued training for Police Officers. Motion to Refer to Committee: By Alderperson Townsend: Seconded by Alderperson Korherr RESOLVED, That this Ordinance be referred back to the Governance Committee for further discussion. Ayes (8) Coles, Whitmore, Tomlan, Zumoff, Taylor, Townsend, Cogan, Korherr Nays (1) Berry Carried PLANNING, NEIGHBORHOODS AND ECONOMIC DEVELOPMENT COMMITTEE: 10.1 Authorization for Submission of a Grant to the Environmental Protection Fund for the Ithaca Children’s Garden, located in Cass Park in the City of Ithaca - Resolution By Alderperson Tomlan: Seconded by Alderperson Cogan WHEREAS, the New York State Department of State has announced the availability of grant applications under the Environmental Protection Fund or Clean Water/Clean Air Bond Act, and WHEREAS, the Ithaca Children’s Garden is applying to the New York State Office of Parks, Recreation, and Historic Preservation for a grant under the Environmental Protection Fund for Phase 2 of a park project to be located in Cass Park, a site located within the territorial jurisdiction of the City of Ithaca Common Council, and WHEREAS, as a requirement under the rules of these programs, said not-for-profit corporation must obtain the “approval/endorsement of the governing body of the municipality in which the project will be located”; now therefore be it RESOLVED, That the Common Council of the City of Ithaca hereby does approve/endorse the application of the Ithaca Children’s Garden, Inc. for a grant under the Environmental Protection Fund for Phase 2 of a park project known as the Ithaca Children’s Garden to be located in the southern end of Cass Park in the City of Ithaca. Carried Unanimously (7-0) Alderpersons Zumoff and Korherr absent from vote 11. CITY ADMINISTRATION COMMITTEE: 8.4 City Chamberlain – Request to Amend Personnel Roster By Alderperson Berry: Seconded by Alderperson Whitmore WHEREAS, the City Chamberlain’s Office anticipates a key retirement in the next eighteen months, and WHEREAS, the City Chamberlain has initiated the training necessary to allow for a smooth operational transition following the retirement, and WHEREAS, the proposed staffing change has been approved by the Ithaca Civil Service Commission and is in accordance with the classification recommendations issued by the NYS Civil Service Department; now, therefore, be it RESOLVED, That the Personnel Roster of the City Chamberlain’s Office be amended as follows: August 4, 2004 11 Add: One (1) Assistant Fiscal Manager (Grade 11) Delete: One (1) Principal Account Clerk (Grade 9) and, be it further RESOLVED, That the position of Assistant Fiscal Manager be assigned to the CSEA Administrative Unit at salary grade 11, and be it further RESOLVED, That funding for the position will be derived from existing lines within the City Chamberlain’s budget. Discussion followed on the floor with Alderperson Holtham Korherr questioning the length of the designated training period, and expressing concern for setting a precedent. Alderperson Berry and Mayor Peterson explained that this action is being taken in reaction to an anticipated retirement, and is an affirmative step in the process of succession planning. A vote on the Resolution resulted as follows: Carried Unanimously (6-0) Alderpersons Tomlan, Taylor, Zumoff absent from vote 11.1 City Chamberlain – Request Approval of Tax Penalty Waiver - Resolution This item was withdrawn from the agenda. 11.2 DPW – Request Authorization for Sole Source Bidding for Repair and Rebuild of Elm Street Water Storage Reservoir Roof- Resolution By Alderperson Berry: Seconded by Alderperson Coles WHEREAS, it is necessary and desirable to meet New York State Department of Health regulations to replace the failed roof of the Elm Street Water Storage Reservoir, and WHEREAS, the City Engineers have studied a number of processes to replace the roof to find an alternative that will affect such repairs at a reasonable cost to the City; and WHEREAS, said engineers have concluded that only Natgun Corporation is able to accomplish the required remediation at a realistic price; and WHEREAS, repair has to be done in harmony with the remaining structural elements; and WHEREAS, Natgun Corporation has developed a design and method to remediate failure of an older generation design; and WHEREAS, the engineers have concluded that the competitive processes are not available for the repair because it would require considerable third party data compilation and design to mirror a proprietary method of repair; and WHEREAS, the Natgun Corporation would provide a proven design, repair, and warranty for replacement roof needed, and WHEREAS, there does not appear to be any other process that can affect the required repair in as small a tank and in as cost effective a manner as the Natgun Corporation process; and WHEREAS, the City Engineers have negotiated with Natgun Corporation for a stipulated price of $215,000 to design, construct and warrant the improvement; and WHEREAS, the City engineers recommend that the Natgun Corporation process be the only process considered for the remediation at the Elm Street water reservoir that the City governing bodies authorize the remediation for such project to specify the Natgun August 4, 2004 12 Corporation process as the only acceptable process, and that Natgun Corporation, be designated as the sole source for the process; now, therefore, be it RESOLVED, That Common Council hereby authorizes the following regarding the Elm Street storage reservoir: (a) No other process provides substantially equivalent or similar benefits at a reasonable cost; (b) The use of the Natgun process is extremely cost effective given the cost of the design and the savings in construction costs by using a proven method; (c) The sole provider is Natgun Corporation; (d) The use of the Natgun Corporation method uniquely serves the public interest; and RESOLVED, Common Council hereby authorizes the City Engineer, and other officers and employees of the City are authorized to take such steps, to review such plans and specifications and other contract documents, to prepare a stipulated sum contract with Natgun Corporation to effectuate the intention of the foregoing resolutions, and be it further RESOLVED, That funds needed for said water tank repair shall be derived from existing funds in previously authorized Water Fund Capital Projects. Carried Unanimously (8-0) Alderperson Taylor absent from vote Recess: Common Council recessed at 9:30 p.m. Reconvene: Common Council reconvened into Regular Session at 9:35 p.m. 11.4 A RESOLUTION AUTHORIZING THE ISSUANCE OF AN ADDITIONAL $2,623,277 SERIAL BONDS OF THE CITY OF ITHACA, TOMPKINS COUNTY, NEW YORK, TO PAY PART OF THE COST OF THE PARTIAL RECONSTRUCTION OF THE CITY’S WATER TREATMENT PLANT, TO UPGRADE THE PHOSPHORUS REMOVAL SYSTEM THEREAT IN AND FOR SAID CITY. BOND RESOLUTION DATED AUGUST 4, 2004. By Alderperson Berry: Seconded by Alderperson Cogan 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, by bond resolution dated July 9, 2003, the City Council of the City of Ithaca, Tompkins County, New York, authorized the issuance of $6,278,668 serial bonds of said City to pay the cost of, among other things, the partial reconstruction of the City’s Water Treatment Plant, to upgrade the phosphorus removal system thereat, including the purchase and installation of equipment and incidental improvements and expenses in connection therewith, at a maximum estimated cost of $2,351,723; and WHEREAS, it has now been determined that the maximum estimated cost of the aforesaid specific object or purpose is $4,975,000, an increase of $2,623,277 over that previously authorized; and WHEREAS, it is now desired to authorize the financing of such increase in maximum estimated cost; NOW, THEREFORE, BE IT August 4, 2004 13 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 part of the cost of the partial reconstruction of the City’s Water Treatment Plant, to upgrade the phosphorus removal system thereat, including the purchase and installation of equipment and incidental improvements and expenses in connection therewith, in and for the City of Ithaca, Tompkins County, New York, there are hereby authorized to be issued an additional $2,623,277 serial bonds of said City pursuant to the provisions of the Local Finance Law. Section 2. It is hereby determined that the maximum estimated cost of the aforesaid specific object or purpose is now determined to be $4,975,000, and the plan for the financing thereof is as follows: a. by the issuance of $2,351,723 serial bonds of said City authorized to be issued pursuant to bond resolution dated July 9, 2003; and b. by the issuance of the additional $2,623,277 serial bonds of said Town authorized to be issued pursuant to this bond resolution; provided, however, that the amount of obligations ultimately to be issued will be reduced by any State and/or Federal grants-in-aid to be received by said City for said purpose. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is forty years, pursuant to subdivision 1 of paragraph a of Section 11.00 of the Local Finance, calculated from August 8, 2003, the date of issuance of the first obligations issued therefor. It is hereby further determined that the maximum maturity of the serial bonds herein authorized will exceed five years. 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. 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, including, but not limited to, the power to sell said serial bonds to the New York State Environmental Facilities Corporation, provided, however, that in the exercise of 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. The power to issue and sell notes to the New York State Environmental Facilities Corporation pursuant to Section 169.00 of the Local Finance Law is hereby delegated to the City Controller. Such notes shall be of such terms, form and contents as August 4, 2004 14 may be prescribed by said City Controller consistent with the provisions of the Local Finance Law. Section 9. The City Controller is hereby further authorized, at his sole discretion, to execute a project financing and loan agreement, and any other agreements with the New York State Department of Environmental Conservation and/or the New York State Environmental Facilities Corporation, including amendments thereto, and including any instruments (or amendments thereto) in the effectuation thereof, in order to effect the financing or refinancing of the specific object or purpose described in Section 1 hereof, or a portion thereof, by a serial bond, and, or note issue of said City in the event of the sale of same to the New York State Environmental Facilities Corporation. Section 10. The intent of this resolution is to give the City Controller sufficient authority to execute those applications, agreements, instruments or to do any similar acts necessary to effect the issuance of the aforesaid serial bonds and, or notes without resorting to further action of this Common Council. Section 11. 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 12. 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 13. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150-2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 14. 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. Alderperson Coles Aye Alderperson Whitmore Aye Alderperson Berry Aye Alderperson Zumoff Aye Alderperson Tomlan Aye August 4, 2004 15 Alderperson Townsend Aye Alderperson Taylor Aye Alderperson Korherr Aye Alderperson Cogan Aye Absent: Alderperson Mackesey Carried Unanimously COMMUNITY SERVICES COMMITTEE: Alderperson Whitmore reported that the Recreation Partnership Board has prepared the following budget scenarios as a result of the uncertainty of a contribution from Tompkins County: 1. The County continues its level of contribution at $39,000 and the city’s contribution and level of services remains the same. 2. The County reduces its contribution by 50% and the following programs are eliminated: Small Fry Football Sports Camp Cass Park Day Camp Middle School Basketball 3. The County does not contribute to the Partnership and the following programs are eliminated: Small Fry Football Sports Camp Cass Park Day Camp Middle School Basketball Boys and Girls Lacrosse Club Ithaca Cheerleading Basketball 11.3 Human Resources – Motion to Enter into Executive Session to Discuss Contract Negotiations By Alderperson Cogan: Seconded by Alderperson Korherr RESOLVED, That Common Council enter into Executive Session to discuss the medical, financial, credit or employment history of a particular employee and collective bargaining. Carried Unanimously Regular Session: Common Council reconvened into Regular Session with no formal action taken. Motion to Enter into Executive Session to Discuss the Employment History of an Employee By Alderperson Korherr: Seconded by Alderperson Taylor RESOLVED, That Common Council enter into Executive Session to discuss the appointment, employment, promotion, demotion, discipline, suspension, dismissal or removal of a particular person. Carried Unanimously Regular Session: Common Council reconvened into Regular Session with no formal action taken. Approval of Ithaca Paid Fire Fighter’s Association Contract By Alderperson Berry: Seconded by Alderperson Coles RESOLVED, That the negotiated agreement between the City of Ithaca and the Ithaca Paid Fire Fighter’s Association, for the period January 1, 2003 through December 31, August 4, 2004 16 2005, be hereby approved as recommended by the City’s Negotiating Team, and, be it further RESOLVED, That the salary increases included in said agreement shall be calculated retroactive to January 1, 2003. Carried Unanimously Approval of Chief Officer’s Unit Contract By Alderperson Berry: Seconded by Alderperson Whitmore RESOLVED, That the negotiated agreement between the City of Ithaca and the Chief Officer’s Unit, affiliate of the Ithaca Paid Fire Fighter’s Association, IAFF Local 737, for the period of January 1, 2003 through December 31, 2005, be hereby approved as recommended by the City’s Negotiating Team, and, be it further RESOLVED, That the salary increases included in said agreement shall be calculated retroactive to January 1, 2003. Carried Unanimously NEW BUSINESS: 14.1 Police Department – Appointment of the Chief of Police By Alderperson Korherr: Seconded by Alderperson Townsend RESOLVED, That Deputy Chief Lauren Signer be and hereby is appointed to the position of Chief of Police, effective August 11, 2004 at an annual salary of $78,244, and, be it further RESOLVED, That Deputy Chief Signer shall be credited with three annual allocations of one hundred sixty (160) hours of sick time to be used by employee for a catastrophic family illness, but may not be applied to retirement benefits at such time of retirement or departure from the City, and, be it further RESOLVED, That the allocations will be credited as follows: immediately upon appointment, January 1, 2005, and January 1, 2006, and, be it further RESOLVED, That should a catastrophic family illness occur prior to the 2005 and/or 2006 allocation, the employee may charge leave time against pending allotment. Carried Unanimously August 4, 2004 17 INDIVIDUAL MEMBER – FILED RESOLUTIONS: 15.1 Resolution to Support Ithaca Reads, a Cornell-Community Collaboration - Submitted by Alderpersons Taylor and Townsend By Alderperson Taylor: Seconded by Alderperson Townsend WHEREAS, reading great works of literature and discussing their meaning, value, and relevance is a superb tool for both intellectual advancement and for community building, and WHEREAS, Ithaca Reads, the Cornell-Community Collaboration, has successfully for the past two years helped to bring the entire Tompkins County community closer together, and WHEREAS, Ithaca Reads is the first known University-Town read with both students and community members discussing the same text with each other, and WHEREAS, in 2004 Franz Kafka’s The Trial will be read and discussed by incoming freshman at Cornell University and Cornell Alumni nationwide, Tompkins County High School students and local civic associations, senior citizens and book clubs, groups at MacCormick Youth Center and at Auburn state prison, and WHEREAS, Ithaca Reads will also for the first time include Mayor’s prizes totaling $300 in books for the best essays written by Tompkins County High School students, and WHEREAS, Ithaca Reads shows the commitment of the City of Ithaca, Cornell University, and Tompkins County to lifelong learning and the importance of reading, and WHEREAS, Carolyn K. Peterson, Mayor of the City of Ithaca, has by proclamation declared 2004 to be the year of a “Cornell/Community Collaboration of Ithaca Reads The Trial in the City of Ithaca;” now, therefore, be it RESOLVED, That Common Council hereby declares its support of the 2004 Ithaca Reads The Trial, and be it further RESOLVED, That Common Council hereby declares its desire to participate in Ithaca Reads for many years to come. Carried Unanimously Mayor Peterson announced that she had copies of the book for Common Council members and city staff members that were interested in participating in the Read and Discussion Group. MAYOR’S APPOINTMENTS: Mayor Peterson announced that she has appointed Jennifer Dotson as a Board of Public Works Liaison to the Commons Advisory Board, and Ron Chapman as a Board of Public Works Liaison to the Bicycle Pedestrian Advisory Council. REPORT OF CITY CONTROLLER: City Controller Thayer reported that sales tax revenues have decreased below budget projections and that he is monitoring the situation very closely. He further reported that the New York State budget has still not been adopted. However, changes have been proposed to the Pension Reform Bill that would allow the City to defer its retirement contributions from December 15th to February 1st. The State is proposing however, that an interest fee be charged during this time period. These changes would also allow the City to create a Retirement Reserve Fund. City Controller Thayer reported on the current interest rates for the City’s Bonds, and the development of the 2005 City budget. August 4, 2004 18 MINUTES FROM PREVIOUS MEETINGS: 21.1 Approval of the Minutes from the June 2, 2004 Common Council Meeting By Alderperson Korherr: Seconded by Alderperson Tomlan RESOLVED, That the Minutes from the June 2, 2004 Common Council Meeting be approved as corrected by members of Council. Carried Unanimously 21.2 Approval of the Minutes from the July 7, 2004 Common Council Meeting Approval of the July 7, 2004 Common Council Minutes was postponed until the September meeting. ADJOURNMENT: On a motion the meeting adjourned at 10:50 p.m. ______________________________ _______________________________ Julie Conley Holcomb, CMC Carolyn K. Peterson, City Clerk Mayor