HomeMy WebLinkAboutMN-CC-2005-11-02COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 7:00 p.m. November 2, 2005
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
Superintendent of Public Works – Gray
Human Resources Director – Michell-Nunn
Fire Chief – Wilbur
Planning and Development Director – Van Cort
EXCUSED:
Alderperson Korherr
PLEDGE OF ALLEGIANCE:
Mayor Peterson led all present in the Pledge of Allegiance to the American Flag.
MOMENT OF SILENCE AND REFLECTION FOR FORMER COUNCIL MEMBER
JULIA DIANN SAMS:
Mayor Peterson requested a moment of silence in honor of Former Council Member
Julia Diann Sams.
Common Council members and City staff members shared their thoughts and memories
of Diann, and acknowledged the tremendous loss to the community. Diann inspired
many people to stand up and take action against injustice, and will be sorely missed by
all who knew her. Deepest sympathies were expressed to Diann’s family, especially her
sons, Police Officers Joseph and Bradley Nelson.
PROCLAMATIONS/AWARDS:
Mayor Peterson presented the City of Ithaca Quarterly Recognition Award to City
Chamberlain Debra Parsons for her hard work and commitment to the Govern Project.
City Chamberlain Parsons brought representatives of many different city departments
together to implement new processes and a software program that will improve the
efficiency of the tax collection, utility billing, and accounts receivable programs.
Mayor Peterson proclaimed the month of November 2005 as “On My Own Terms”
month in the City of Ithaca. This proclamation highlights the need for health care
proxies, living wills, and other important medical documents.
ADDITIONS TO OR DELETIONS FROM THE AGENDA:
Special Order of Business:
Mayor Peterson requested the addition of Item 4.3 Alpha Phi Alpha Day – Resolution.
No Council member objected.
SPECIAL ORDER OF BUSINESS:
4.1 Public Hearing to Consider the 2006 Mayor’s Proposed Budget
Resolution to Open Public Hearing:
By Alderperson Whitmore: Seconded by Alderperson Zumoff
RESOLVED, That the Public Hearing to Consider the 2006 Mayor’s Proposed Budget
be declared open.
Carried Unanimously
November 2, 2005
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The following people addressed Common Council:
John Graves, City of Ithaca, funding for Green Street Garage project.
Fay Gougakis, City of Ithaca, tax rates and affordable housing issues.
Joel Harlan, Town of Newfield, concerns for people on fixed incomes, and proposed
increases in contributions from higher education institutions.
Resolution to Close Public Hearing:
By Alderperson Berry: Seconded by Alderperson Whitmore
RESOLVED, That the Public Hearing to Consider the 2006 Mayor’s Proposed Budget
be declared closed.
Carried Unanimously
4.2 Public Hearing to Consider the 2006 Ithaca Area Wastewater Treatment
Plant Budget
Resolution to Open Public Hearing:
By Alderperson Cogan: Seconded by Alderperson Taylor
RESOLVED, That the Public Hearing to Consider the 2006 Ithaca Area Wastewater
Treatment Plant Budget be declared open.
Carried Unanimously
No one appeared to address Common Council.
Resolution to Close Public Hearing:
By Alderperson Tomlan: Seconded by Alderperson Cogan
RESOLVED, That the Public Hearing to Consider the 2006 Ithaca Area Wastewater
Treatment Plant Budget be declared closed.
Carried Unanimously
4.3 Alpha Phi Alpha Day - Resolution
By Alderperson Berry: Seconded by Alderperson Mackesey
WHEREAS, Alpha Phi Alpha Fraternity, Inc., the first intercollegiate Greek-letter
fraternity established for African-Americans, was founded on December 4, 1906, at
Cornell University in the City of Ithaca, and
WHEREAS, seven college men, affectionately called “The Jewels” – Henry Arthur
Callis, Charles Henry Chapman, Eugene Kinckle Jones, George Biddle Kelley,
Nathaniel Allison Murray, Robert Harold Ogle, and Vertner Woodson Tandy –
recognized the need for a strong bond of brotherhood and a mutual system of support
among African-Americans attending Cornell University, and
WHEREAS, the vision of “The Jewels” was embraced and advanced by thousands of
young men that followed. Some notable and past members include leaders such as:
Dr. W.E.B. DuBois, considered by many as America’s greatest sociologist; Dr. Martin
Luther King, Jr., legendary civil rights leader; Thurgood Marshall, first African-American
Supreme Court Justice; Hubert Humphrey, former Vice President of the United States;
Edward Brooke, first African-American U.S. Senator since Reconstruction; Paul
Robeson, multi-genius athlete, actor, and activist; and locally Dr. G. Alex Galvin,
Ithaca’s first African-American physician, and
WHEREAS, today Alpha men continue to distinguish themselves in all walks of life as
community and national leaders, including among others, Dr. Cornell West, renowned
scholar and author; Kwame Kilpatrick, Mayor of Detroit; Marc Morial, Executive Director
of the National Urban League; Andrew Young, former U.S. Ambassador; David Dinkins,
first African-American Mayor of New York City; and locally Dr. Robert L. Harris, a Vice
Provost at Cornell University, and National Historian of Alpha Phi Alpha Fraternity, Inc.,
and
November 2, 2005
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WHEREAS, members of Alpha Phi Alpha Fraternity, Inc., have chosen November 19,
2005, as a Day of Pilgrimage to Cornell and Ithaca for what represents the Inaugural
Event of the Fraternity’s Centennial Era, and marks only the second time in 100 years
that the Fraternity has convened as a national body in the City of Ithaca to honor its
Founders and to rededicate the organization to the founding ideals: “Manly Deeds,
Scholarship, and Love for All Mankind”; now, therefore, be it
RESOLVED, That the City of Ithaca acknowledges Alpha Phi Alpha Fraternity Inc.’s
origins in and connections to Cornell University and the City of Ithaca, and, be it further
RESOLVED, That the City of Ithaca recognizes the many contributions made by
members of Alpha Phi Alpha Fraternity, Inc., over the past 100 years at local, state,
national, and international levels, and, be it further
RESOLVED, That the City of Ithaca commemorates the legacy of Alpha Phi Alpha
Fraternity, Inc., by declaring November 19, 2005, as “Alpha Phi Alpha Fraternity, Inc.
Day” in the City of Ithaca.
Discussion followed on the floor regarding the history of the fraternity and the many
contributions its brothers have made to the City of Ithaca.
Alderperson Taylor disclosed that he works in the Dean of Students Office, which is
organizing the November 19, 2005 event. He stated that he would be voting on this
Resolution, as it is not a conflict of interest.
A vote on the Resolution resulted as follows:
Carried Unanimously
SPECIAL PRESENTATIONS BEFORE COUNCIL:
Tompkins County Legislature:
Nancy Schuler, Tompkins County Legislator for the 4th District, reported to Common
Council on the following topics:
1) This will be the last meeting that she will be reporting to Council on County
issues as her term has ended and she had chosen not to seek re-election.
2) Refinancing the tobacco bond has created approximately $4-9 million dollars,
which can only be used for capital improvements. Included in the use of these monies
is TC3’s campus improvement plan.
3.) The County has established a reserve fund for the protection and preservation of
natural, scenic and agricultural resources.
4) The lease with Rich Associates and the Benderson development has been
granted a 12-month extension.
5) The Tompkins County Planning Board will hold a public hearing on November 3,
2005, at 5:00 p.m. at the Courthouse on the County’s Communication System. The
DEIS is available for review at the City and Town Halls. The Planning Board will accept
written comments as well.
6) The County tentatively approved the 2006 budget on October 18, 2005. The tax
rates have been reduced from $7.18 to $6.69 per thousand. Public hearings on the
budget will be held on November 9th at 7 p.m. at the Tompkins County Courthouse and
the final vote on the budget will be held on November 15, 2005.
Alderperson Coles stated that the City would miss Ms. Schuler in her role as a City
Representative and County Official.
Alderperson Townsend thanked Ms. Schuler for her years of service (4 years on
Common Council and 16 years as a Tompkins County Legislator). He stated that Ms.
Schuler was instrumental in support for his candidacy for Common Council.
November 2, 2005
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PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
Jemma Macera, City of Ithaca, - Energy efficiency recommendations, use of plexi-glass
storm windows, with magnets, can reduce energy costs by half.
Joel Harlan, Town of Newfield, - Request for a community based memorial in honor of
Diann Sams.
Fay Gougakis, City of Ithaca, - Dangers of cell phone use by drivers; high rates of
speed in the City; elections, and new voting machines.
PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR:
Alderperson Zumoff responded to comments made regarding the difficulties people are
facing with rising costs, including fuel. He stated that the City is in the same position as
it tries to provide services to the public.
PLANNING, NEIGHBORHOODS, & ECONOMIC DEVELOPMENT COMMITTEE:
Announcement of Upcoming Public Hearings – Report
Alderperson Tomlan reported that two public hearings will be held at the next Planning,
Neighborhoods, & Economic Development Committee meeting on the following items:
1) Zoning changes – rezoning CBD 140 zone to either CBD 100 or CBD 85 (this
change would affect Tioga and Seneca Streets)
2) Zoning change – rezoning the lower portion of Hudson Street east of Aurora
Street from R-3b to R-2a.
CITY ADMINISTRATION COMMITTEE:
Adoption of 2006 Budget - Resolution
By Alderperson Berry: Seconded by Alderperson Coles
WHEREAS, this Common Council is now considering adoption of the Amended
Executive Budget for 2006 as approved by the Select Committee for Budget Review,
and
WHEREAS, it is the consensus of this Common Council that the total appropriations
and estimated revenues, as set forth in said Amended Executive Budget for 2006 and
as those amounts may be altered by action of this Common Council at its November 2,
2005 meeting, are adequate for the operation of the City during 2006; now, therefore be
it
RESOLVED, That this Common Council accepts and approves said Amended
Executive Budget for 2006, together with any additional changes made in said budget at
Council's November 2, 2005 meeting as the City of Ithaca Budget for 2006, in the total
amount of $49,750,764, and be it further
RESOLVED, That the following sections of the 2006 Budget be approved:
A) General Fund Appropriations
B) Water Fund Appropriations
C) Sewer Fund Appropriations
D) Solid Waste Fund Appropriations
E) General Fund Revenues
F) Water Fund Revenues
G) Sewer Fund Revenues
H) Solid Waste Fund Revenues
I) Debt Retirement Schedule
J) Capital Projects
K) Schedule of Salaries and Positions - General Fund
L) Schedule of Salaries and Positions - Water & Sewer Fund
M) Schedule of Salaries and Positions - Solid Waste Fund
N) Authorized Equipment - General Fund
O) Authorized Equipment - Water Fund
November 2, 2005
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P) Authorized Equipment - Sewer Fund
Q) Authorized Equipment - Solid Waste Fund
Alderperson Mackesey stated that she supports the proposed increases in salary for
Common Council and the Mayor, and would not propose an amendment as was
recently discussed.
City Attorney Luster explained that the funds for proposed increases in the Mayor’s and
Common Council salary would be appropriated through the budget, but that the
passage of a Local Law is also required which would be subject to a permissive
referendum.
Alderperson Taylor stated that the Mayor and City Controller provided very good budget
balancing to meet the needs of residents, employees, and taxpayers. He further stated
that he supports the proposed addition of a Municipal Training Officer at Lieutenant
level for the Fire Department.
Amending Resolution:
By Alderperson Taylor: Seconded by Alderperson Townsend
RESOLVED, That the City add $63,937 to the 2006 budget as the City ‘s share to fund
the position of Municipal Training Officer at the Lieutenant Level in the Ithaca Fire
Department contingent upon the Town contributing its share to cover the cost of the
position.
Alderperson Townsend spoke in support of the position and stated that Alderperson
Korherr supports the position as well.
A vote on the Amending Resolution resulted as follows:
Ayes (5) Taylor, Townsend, Berry, Zumoff, Tomlan
Nays (4) Whitmore, Cogan, Mackesey, Coles
Abstentions (0)
Failed
Alderperson Taylor stated that he would not pursue the deletion of the Forestry
Technician position.
Alderperson Zumoff thanked the Mayor and City Controller for their hard work on the
budget. He stated that he is not pleased with some of the budget choices, but a
balance was reached.
Discussion followed on the floor regarding wind power and renewable energy sources.
Amending Resolution:
By Alderperson Mackesey: Seconded by Alderperson Coles
RESOLVED, That the 2006 budget be amended by $12,000 to purchase 5% of the
City’s electricity use through the renewable energy source of wind power.
Alderperson Townsend stated that he is opposed to the amendment due to the length of
the proposed contract and the lack of information regarding the savings that other
communities have realized.
Alderperson Cogan stated that he supports the amendment and that Ithaca needs to
take a lead in conserving energy and driving down costs so that others can utilize the
resource.
Call the Question:
By Alderperson Berry: Seconded by Alderperson Whitmore
RESOLVED, That the Question of the addition of the wind power initiative to the 2006
Budget, be called.
November 2, 2005
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Ayes (8) Coles, Mackesey, Berry, Whitmore, Zumoff, Tomlan, Taylor, Cogan
Nays (1) Townsend
Abstentions (0)
Carried
Amending Resolution:
A vote on the Amending Resolution resulted as follows:
Ayes (8) Coles, Mackesey, Berry, Whitmore, Zumoff, Tomlan, Taylor, Cogan
Nays (1) Townsend
Abstentions (0)
Carried
Alderperson Tomlan stated that it has been difficult thinking about the budget and
listening to the needs of departments and the passionate statements that have been
made. She suggested that if the increases for the Mayor and Common Council were
decreased slightly, other alternatives could be funded.
Main Motion as Amended
A vote on the Main Motion as Amended resulted as follows:
Carried Unanimously
Adoption of 2006 Tax Rate – Resolution
By Alderperson Berry: Seconded by Alderperson Coles
WHEREAS, the 2006 City of Ithaca Budget was approved, adopted and confirmed in
the total amount of $49,762,764 on November 2, 2005, in accordance with a detailed
Budget on file in the Office of the City Controller, and
WHEREAS, available and estimated revenues total $34,643,957 leaving $15,118,807
as the amount to be raised by taxation, and
WHEREAS, the Assessment Roll for 2006, certified and filed by the Assessment
Department of Tompkins County, has been footed and approved and shows the total
net taxable valuation as $1,140,181,492, and
WHEREAS, under Charter provisions, the tax limit for City purposes amount to
$25,557,200 for 2006; now, therefore, be it
RESOLVED, That the tax rate for general purposes, for the fiscal year 2006, be, and
the same hereby is, established and fixed at $13.26 per $1,000 of taxable valuation as
shown, certified and extended against the respective properties on the 2006 Tax Roll,
thereby making a total tax levy, as near as may be, of $15,118,807 and be it further
RESOLVED, That the amount of said tax levy be spread, and the same hereby is levied
upon and against the respective properties as shown on said City Tax Roll, in
accordance with their respective net taxable valuation, at the rate of $13.26 per $1,000
of such taxable valuation, and be it further
RESOLVED, That the City Chamberlain be, and hereby is, directed to extend and
apportion the City Tax as above, and that upon the completion of the extension of said
Roll, the City Clerk shall prepare a warrant on the City Chamberlain for the collection of
said levy; and the Mayor and the City Clerk hereby are authorized and directed to sign
and affix the corporate seal to such warrant and forthwith to file the same with said Tax
Roll with the City Chamberlain, and be it further
RESOLVED, That upon the execution and filing of said warrant and Tax Roll with the
City Chamberlain, the amounts of the City Tax set opposite each and every property
shall hereby become liens, due, payable and collectible in accordance with provisions of
the City Charter and other laws applicable thereto, and be it further
RESOLVED, That the total sum of $49,762,764 be appropriated in accordance with the
Budget adopted, to the respective Boards, Offices and Departments of the City, for the
purposes respectively set forth therein. The 2006 Assessment Roll has been completed
November 2, 2005
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and approved by the Assessment Department of Tompkins County and resulted in the
following valuation:
Total Value of Real Property $3,387,513,285
Less: Value of Exempt Property $2,272,501,100
$1,115,012,185
Plus: Value of Special Franchises 25,169,307
Net Value of Taxable Property $1,140,181,492
Carried Unanimously 10-0
Mayor Peterson voted in the affirmative
Adoption of 2006 Ithaca Area Wastewater Treatment Plant Budget - Resolution
By Alderperson Berry: Seconded by Alderperson Coles
WHEREAS, this Common Council is now considering adoption of the Amended Joint
Activity Fund Budget for 2006 as approved by the Select Committee for Budget Review,
and
WHEREAS, it is the consensus of this Common Council that the total appropriations
and estimated revenues, as set forth in said Amended Joint Activity Fund Budget for
2006 and as those amounts may be altered by action of the Common Council at its
November 2, 2005 meeting, are adequate for the operation of the Ithaca Area
Wastewater Treatment Plant during 2006; now, therefore, be it
RESOLVED, That this Common Council accepts and approves said Amended Joint
Activity Fund Budget for 2006, together with any additional changes made in said
budget at Council’s November 2, 2005 meeting, as the Ithaca Area Wastewater
Treatment Plant Joint Activity Fund Budget for 2006, in the total amount of $2,574,276,
and be it further
RESOLVED, That the following sections of the 2006 Ithaca Area Wastewater Treatment
Plant Joint Activity Fund Budget be approved:
A Joint Activity Fund Appropriations
B Joint Activity Fund Revenues
C Schedule of Salaries and Positions – Joint Activity Fund
D Authorized Equipment – Joint Activity Fund
Carried Unanimously
Temporary Reduction in Hours – Financial Clerk – IFD - Resolution
By Alderperson Berry: Seconded by Alderperson Coles
WHEREAS, an Ithaca Fire Department employee has lost time this year due to
extraordinary circumstances, and
WHEREAS, the employee now desires to reduce the hours of the position to a part-time
status on a temporary basis; and
WHEREAS, while the exact dates are not set at this time, the employee will also need
approximately an eight-week leave of absence without pay, starting in November, and
WHEREAS, the Ithaca Fire Department wishes to adjust appropriations to allow the use
of temporary staffing to fill the vacancy as needed during this period of reduced hours
and leave, and
WHEREAS, the funds for this position are appropriated to support a full time, 40 hour
per week, position, and these adjustments will be budget neutral; now, therefore be it
RESOLVED, The Common Council of the City of Ithaca hereby approves the change of
hours for the financial clerk position in the Ithaca Fire Department from full-time to part-
time, with a corresponding reduction in hours from 40 hours to 30 hours per week (0.75
FTE), and, be it further
November 2, 2005
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RESOLVED, This change shall be effective at the start of the next payroll period
following adoption, and remain in effect until such time as the Ithaca Fire Department
requests the position again be modified, and, be it further
RESOLVED, The Common Council authorizes the City Controller to make the transfer
of funds on an ongoing basis as requested by the Fire Chief, to enable the Ithaca Fire
Department to hire temporary/contract workers or to pay for extra hours or overtime to
current employees as needed for this period, and, be it further
RESOLVED, The combination payroll expense of the part-time financial clerk position
and any temporary/contract workers hired shall not exceed the amounts appropriated
for the full-time financial clerk position making the request budget neutral.
Carried Unanimously
Request for execution of an agreement for natural gas supply pursuant to public
bid conducted by the Municipal Electric and Gas Alliance as the Consultant of the
City of Ithaca - Resolution
By Alderperson Berry: Seconded by Alderperson Coles
The Common Council of the City of Ithaca hereby resolves as follows:
That the office of the Mayor is hereby authorized and directed to execute and deliver to
the NYSEG Solutions Inc. an Agreement for natural gas supply service, a copy of which
is attached hereto and made a part hereof, and be it further
RESOLVED, That the conditions, price, duration and term, purpose and objective,
manner and extent of payments, organizational structure and manner in which personal
property shall be acquired, managed and disposed of, are set forth in the attached
Agreement, and be it further
RESOLVED, That the City of Ithaca may participate in the cooperative agreements to
procure services and products described in such Agreement, and that the Mayor is
hereby authorized and directed to execute the subject contract on behalf of the City,
subject to review of the City Attorney’s office as to form.
Carried Unanimously
MAYOR’S APPOINTMENTS:
Rental Housing Advisory Commission:
By Alderperson Taylor: Seconded by Alderperson Mackesey
RESOLVED, That David B. Gersh be appointed to the Rental Housing Advisory
Commission to replace Flora Sagan with a term to expire December 31, 2007, and be it
further
Ithaca Housing Authority Board:
RESOLVED, That Sam Leonardo be re-appointed to the Ithaca Housing Authority
Board with a term to expire on October 17, 2010, and be it further
Youth Bureau Advisory Board:
RESOLVED, That Jeri Gallucci be appointed to the Youth Bureau Advisory Board to fill
a vacancy with a term to expire on December 31, 2007.
The Mayor and Common Council members expressed their sympathies to the family of
Flora Sagan who passed away recently.
A vote on the Resolution resulted as follows:
Carried Unanimously
November 2, 2005
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REPORTS OF COMMON COUNCIL LIAISONS:
TCAT Board:
Alderperson Whitmore reported that there was a sudden increase in ridership in
September. Projections show over 3 million riders will utilize mass transit in a single
year.
Standing Committee and Liaison Appointments
Mayor Peterson asked Council Members to provide her lists of standing committee and
liaison assignments desired for 2006.
REPORT OF CITY ATTORNEY:
City Attorney Luster reported that a decision is expected within the next 2 months on the
Same Sex Marriage case.
He further reported that the City has a proposition on the General Election ballot
regarding the deletion of the municipal surgeon position. The position was created
many years ago, but has not been used for years. This initiative is an attempt to update
the City Charter to reflect current practices. A letter will be drafted for the Ithaca Journal
to educate the public on the proposition.
MINUTES FROM PREVIOUS MEETINGS:
Approval of October 5, 2005 Regular Common Council Meeting Minutes –
Resolution
By Alderperson Taylor: Seconded by Alderperson Coles
RESOLVED, That the minutes of the October 5, 2005 Regular Common Council
meeting be approved as corrected by Mayor Peterson.
Carried Unanimously
ADJOURNMENT:
On a motion the meeting adjourned at 9:20 p.m.
______________________________ _______________________________
Julie Conley Holcomb, CMC Carolyn K. Peterson,
City Clerk Mayor