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HomeMy WebLinkAboutMN-CC-2006-05-03COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 7:00 p.m. May 3, 2006 PRESENT: Mayor Peterson Alderpersons (9) Coles, Seger, Berry, Clairborne, Tomlan, Gelinas, Townsend, Cogan, Korherr OTHERS PRESENT: City Clerk – Conley Holcomb City Attorney – Hoffman City Controller – Thayer Superintendent of Public Works – Gray Human Resources Director – Michell-Nunn Fire Chief – Wilbur Police Chief – Signer GIAC Director – Fort Building Commissioner – Radke EXCUSED: Alderperson Zumoff PLEDGE OF ALLEGIANCE: Mayor Peterson led all present in the Pledge of Allegiance to the American Flag. ADDITIONS TO OR DELETIONS FROM THE AGENDA: Planning, Economic Development, and Environmental Quality Committee: Alderperson Tomlan requested that item 11.2 – Donation of Public Art – be withdrawn from the agenda. No Council Member objected. PROCLAMATIONS/AWARDS: Mayor Peterson proclaimed the week of May 7-13, 2006, Drinking Water Week in the City of Ithaca. Roxy Johnson, City of Ithaca Water & Sewer Division announced the following events and encouraged everyone to participate: May 6, 2006 – Ithaca Farmers Market Taste Testing Event May 12, 2006 – Water In/Water Out Tour of Six Mile Creek Facilities May 13, 2006 – Fall Creek Clean-Up May 21, 2006 – Natural Areas Commission – Wildflower Appreciation Day SPECIAL ORDER OF BUSINESS: Dick Booth, Third District Tompkins County Legislator reported to Council on the following items: The County Administrator is being given policy direction by the Legislators for the 2007 budget. County office space needs are being reviewed and prioritized. The biggest needs appear to be the Department of Health, Office of the Aging, and Public Safety Building Discussions are taking place regarding the impact of deer throughout the County (deer ticks, damage to trees, bushes, shrubs, vehicular accidents) The Affordable Housing Needs Assessment is being reviewed by staff and the Legislature. May 3, 2006 2 The Public Communications Project is moving forward. The City and County should discuss the need for an Ordinance that deals with potential interference with communication towers County sales tax continues to be collected on clothing items less than $110 SPECIAL PRESENTATIONS BEFORE COUNCIL: Ithaca College Communications Lab Students : Kaitlyn Coray, Emily Krasting, Lauren Oman, Amanda Piasecki, Liz Salvas, and Joey Ziarko presented the City of Ithaca Pedestrian Awareness Campaign that includes a mix of educational brochures, quizzes, public service announcements, news releases, etc. The group further included a schedule of when certain pieces should be released to the public and a budget for additional items such as bumper stickers that would further promote the campaign. Members of Common Council and the Mayor expressed their gratitude to the students for their outstanding work. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: Kent Johnson, Chair of the Bicycle Pedestrian Advisory Council, addressed Council in support of the Pedestrian Awareness Campaign that will require ongoing efforts and support from the City. Larry Roberts, Chair of the Disability Advisory Council, addressed Council in support of the Pedestrian Awareness Campaign. He also thanked Alderpersons Berry and Korherr, Mayor Peterson, and the students for their work on this project. He stated that the Disability Advisory Council lends its full support to ongoing campaign efforts. Susan Cummings, City of Ithaca, addressed Council regarding a violation of the Exterior Property Maintenance Ordinance that she received due to the placement of a vacuum cleaner and toaster in an open bag near a tree in the yard that was being given away to anyone who was interested. Joseph Moro, City of Ithaca, addressed Council regarding the same issue as Ms. Cummings. He further stated that he was offended by comments made by the City Prosecutor. Joey Moro, City of Ithaca, addressed Council regarding reinstating the city wide salvage/scavenging day with a 2-day limit. Frances Weissman, City of Ithaca, addressed Council regarding the Exterior Property Maintenance Ordinance and landlord responsibilities. Wenmouth Williams, Jr., Professor at Ithaca College, stated that college students requested that he speak to Council regarding the treatment of college students by the Ithaca Police Department and Common Council regarding the enforcement of the Noise Ordinance. David Henderson, City of Ithaca/Chair of Pedestrian Awareness Committee, addressed Council to thank them for the enactment of many of the committee’s recommendations. He supports the ongoing efforts of the Pedestrian Awareness Campaign. He stated that the need is urgent for taking care of pedestrian infrastructure such as the timing of signals, the need for more signed crosswalks, and called for a shift of priorities in the work plan for implementation of the Committee’s recommendations. He further stated that the Pedestrian Awareness Committee would be reconvening in June to review the City’s progress to date. Zack Ford, Ithaca College Student Body President and Michael Dunn, Vice President of Communications, introduced themselves and to Common Council and encouraged relationship building between the City and Town of Ithaca to create an open dialog between temporary residents and permanent residents. They also recommended that concerns regarding student behavior be brought to the Student Government body. May 3, 2006 3 Jenna Pelkey, Ithaca College Student, addressed Council regarding student rights and also encouraged an open dialog between students, the community, and neighbors. Joel Harlan, Town of Newfield, addressed Council regarding Prospect Street/Pennsylvania Avenue/Collegetown/Downtown development. Fay Gougakis, City of Ithaca, responded to comments made regarding landlord responsibilities; actions of students; support of Pedestrian Awareness Committee, speeding in Ithaca, and donations needed from campuses for effective educational campaigns. Patty Porter, Town of Ithaca, addressed Council to inform them that the Town of Ithaca would be voting on a Noise Ordinance on May 8, 2006. Pam Mackesey, City of Ithaca, stated that she is happy to hear from student government representatives, and voiced her approval for the way the City has handled noise and party issues during the past 2 years. She stated that these actions have made life bearable for South Hill residents, and that working with students will make things even better. Guy Gerard, City of Ithaca, addressed Council regarding student parties and the improvements that the revised Noise legislation has made. John Graves, City of Ithaca, addressed Council regarding the City’s noise ordinance that may have been responsible for moving student parties into the Town of Ithaca. He stated that roving bands of young people continue to disrupt residents at 2 a.m., and that the South Hill Civic Association would welcome a dialog with students. He further stated that the South Aurora Street bridge project needs more public outreach. Phyllis Radke, Building Commissioner, addressed Council regarding concerns about the Exterior Property Maintenance Ordinance. PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR: Alderperson Gelinas responded to comments made regarding the enforcement of the Exterior Property Maintenance Ordinance and fines. He questioned what student responsibilities are in terms of community living and what the City can do to educate new students. Alderperson Korherr stated that there needs to be a balance between long-term residents and students, and offered to help Ithaca College’s student government with their efforts. She further responded to comments made by the Moro-Cummings family about their situation with the Exterior Property Maintenance Ordinance and stated that she would support a city-wide spring clean-up/salvage day. She stated that a balance should be established between the enforcement of the Ordinance and the fine structure. Alderperson Korherr responded to comments made regarding the Pedestrian Awareness Campaign and the reconvening of the Pedestrian Awareness Committee. She stated that she supports funding for an ongoing pedestrian awareness campaign. Alderperson Seger responded to comments made regarding student/resident relations and thanked the Ithaca College Student Government representatives for their initiatives. He also thanked the residents for voicing their concerns. He further stated that the City is targeting behaviors, not the students. Alderperson Berry thanked the speakers for their comments and stated that the Governance and Intermunicipal Relations Committee may be able to discuss pieces of the Exterior Maintenance Ordinance at their May meeting. She further encouraged the representatives from Ithaca College to attend and participate in Common Council meetings. Alderperson Berry responded to comments made regarding notification to the public regarding construction projects, and encouraged property owners to notify their tenants May 3, 2006 4 of construction projects that may impact them. She further stated that she supports the striping of crosswalks at important intersections. She thanked the Ithaca Police Department for their safety efforts throughout the City. Alderperson Clairborne stated that he looks forward to future discussions regarding the Noise and Exterior Property Maintenance Ordinances. He also wanted to remember the passing of Sam Nistios, owner of Sam’s Wine & Spirits, he was a good friend, strong businessman, and will be missed by the community. He stated that GIAC held a multi-cultural business symposium that many people with an entrepreneurial spirit participated in, and he questioned how Common Council could encourage the development of these businesses. Alderperson Clairborne further commented on the Cayuga Waterfront Trail public hearing and noted the responsibility that government has in balancing the needs of the community. In addition he noted that many comments were generated by the density policy discussions, and he invited people to participate in the development of the City by attending a public meeting on density scheduled for May 11, 2006 at 7:00 p.m. in the Second Floor Conference Room of City Hall. Alderperson Cogan thanked the Ithaca College students for speaking and taking steps to encourage community involvement. He agreed that a balance needs to be established in the enforcement of the Exterior Property Maintenance Ordinance, and he supports periodic review of ordinances for their effectiveness. Mayor Peterson stated that the Chamberlain’s Office is working on the development of a Resident Guide, and stated that the City needs to have a discussion on how to distribute the guide to the student population. CONSENT AGENDA ITEMS: Alderperson Clairborne requested that Item 8.1 – Request to Amend 2006 Youth Bureau Budget and Roster be moved to the City Administration part of the agenda. No Council member objected. Request to Change Water and Sewer Roster - Resolution By Alderperson Berry: Seconded by Alderperson Korherr RESOLVED, That Common Council hereby authorizes the following amendment to the 2006 Personnel Roster for the Department of Public Works - Water & Sewer Division: Delete: One (1) Office Manager Add: One (1) Financial Management Assistant and, be it further RESOLVED, That this amendment is budget neutral. Carried Unanimously Support for the Youth Leadership Conference Hosted by Multicultural Resource Center - Resolution By Alderperson Berry: Seconded by Alderperson Korherr WHEREAS, the Community Services Committee and all other members of Common Council heard a presentation on the deep harm caused by racism in our community, and WHEREAS, racism has its own particular and long lasting consequences experienced by the young in our community with life-long impact; and WHEREAS, members of the same group who addressed the Community Issues Committee have brought forth a proposal for a Youth Leadership conference focused on issues of racism and on learning skills to become leaders in the struggle against bias and racism, and May 3, 2006 5 WHEREAS, the Multicultural Resource Center is sponsoring this event but does not have the funds in its current budget to pay for this event; now, therefore be it RESOLVED, That Common Council hereby approves reimbursement in the amount not to exceed $800.00 to the Multicultural Resource Center, for the Youth Leadership Conference, and be it further RESOLVED, That a transfer of $800 be made from Account A1990 Unrestricted Contingency to account A1012-55434 Human Services Agency contracts. Carried Unanimously EXECUTIVE SESSION: Motion to Enter into Executive Session to Discuss the Employment History of an Individual: By Alderperson Cogan: Seconded by Alderperson Seger RESOLVED, That Common Council enter into Executive Session to discuss the employment history of an Individual. Carried Unanimously Reconvene: Common Council reconvened into Regular Session with no formal action taken. COMMUNITY & NEIGHBORHOOD SERVICES COMMITTEE: Adoption of the National Incident Management System - Resolution By Alderperson Korherr: Seconded by Alderperson Coles WHEREAS, In Homeland Security Presidential Directive (HSPD)-5, the President directed the Secretary of the Department of Homeland Security to develop and administer a National Incident Management System (NIMS), which would provide a consistent nationwide approach for federal, state, local and tribal governments to work together more effectively and efficiently to prevent, prepare for, respond to, and recover from domestic incidents, regardless of cause, size or complexity; and WHEREAS, the collective input and guidance from all federal, state, local and tribal homeland security partners has been, and will continue to be, vital to the development, effective implementation and utilization of a comprehensive NIMS; and WHEREAS, it is necessary that all federal, state, local, and tribal emergency management agencies and personnel coordinate their efforts to effectively and efficiently provide the highest levels of incident management; and WHEREAS, to facilitate the most efficient and effective incident management it is critical that federal, state, local, and tribal organizations utilize standardized terminology, standardized organizational structures, uniform personnel qualification standards, uniform standards for planning, training, and exercising, comprehensive resource management, and designated incident facilities during emergencies or disasters; and WHEREAS, the NIMS standardized procedures for managing personnel, communications, facilities and resources will improve the state's ability to utilize federal funding to enhance local and state agency readiness, maintain first responder safety, and streamline incident management processes; and WHEREAS, the Incident Command System components of NIMS are already an integral part of various incident management activities throughout the state, including all public safety and emergency response organizations training programs; and WHEREAS, the National Commission of Terrorist Attacks (9-11 Commission) recommended adoption of a standardized Incident Command System; now therefore, be it RESOLVED, That the Common Council of the City of Ithaca hereby mandates the National Incident Management System be adopted and implemented by all City May 3, 2006 6 Departments, and utilized for all emergency incident management in the City of Ithaca, New York; and, be it further RESOLVED, That the City of Ithaca will provide the resources necessary to fully implement this resolution; and, be it further RESOLVED, That this resolution shall take effect immediately. Alderperson Korherr thanked the Ithaca Fire Department for their hard work in emergency management. She stated that with no additional budget funding they have helped Tompkins County develop their programs and have provided training. She stated that NIMS training cost considerations would be forwarded to either Community and Neighborhood Services Committee or the City Administration Committee for consideration. A vote on the Resolution resulted as follows: Carried (8-0) Alderperson Townsend absent from vote Resolution Requesting Ithaca City School District Cooperation to Reduce the Effects of Racism in our Community, Campuses, and Classrooms By Alderperson Korherr: Seconded by Alderperson Berry WHEREAS, many researchers contend that discrimination based on race, especially the belief that one race or culture is superior to another is one definition among many for the term "racism," and that it may be expressed individually as a group either consciously or subconsciously through explicit thoughts, feelings, or acts through places, organizations and or institutions; and WHEREAS, racism and other forms of systematic oppression are not inherent genetic characteristics and therefore just as they can be learned, they can be “un-learned; and WHEREAS, Common Council’s Community and Neighborhood Services Committee invited a panel of teens of color from Lehman Alternative Community School and Ithaca High School to address the committee; and WHEREAS, the students offered a comprehensive overview on what it feels like to be students of color, how they often feel ignored, how they see themselves disciplined differently than their peers, how they are often the victims of racial profiling while shopping throughout our region, and how their issues are poorly covered in the local, regional, and national news media; and WHEREAS, students expressed serious concern on the decline in services and cuts to affirmative action programs, the lack of appropriate numbers of staff and faculty of color in the schools, the rise of racial slurs echoing throughout school hallways, feelings of not being informed clearly about Advanced Placement classes or being discouraged from attending prestigious colleges, and their growing concern about the differential treatment (often negative) they receive; and WHEREAS, teens and adults of color have called upon the Community and Neighborhood Services Committee, and by extension all of Common Council to take action and demand access and equity in treatment for them in their schools, throughout the community and its shopping districts, with school personnel, and throughout the County so that they might have more tangible, effective, and legal support in their fight against oppression; and WHEREAS, teens, parents, and leaders collectively urged the City of Ithaca Common Council to send a strong message that the City has zero tolerance for any and all forms of oppression and that we will stand united with young and older people of color to ask that all our businesses, schools, and organizations take a strong stand against any and all injustice and that we work hard to insist that our jury pools, classrooms, boardrooms, May 3, 2006 7 retail operations, and other key areas in our system reflect diversity; and WHEREAS, the Community and Neighborhood Services Committee also pledged to draft a resolution in support of these initiatives and share this resolution with the Ithaca City School District Board of Education during the public comment section of the meeting; WHEREAS, the majority of Common Council attended the Ithaca City School District Board of Education meeting of March 14, 2006 to communicate to board members the sentiments expressed by the student panel held on March 8, 2006 and request that the district Board of Education re-instate services and positions such as the Office of Affirmative Action, the Assistant to the Principal for Multicultural Affairs and others that directly benefit students of color and students from low-income homes; now therefore be it RESOLVED, That this Common Council will continue to outline key steps that can help eradicate the ills of racism so that our City, and by extension our community of color can be afforded equal rights to dream, work, and play; and be it further RESOLVED, That Common Council request that Administrators, Officials, Teachers and Staff from the Ithaca City School District work both collaboratively with the City of Ithaca and individually to resolve the issues presented by the student panelists on school campuses and classrooms. Alderperson Korherr explained that Common Council members addressed the Ithaca City School District Board of Education on this topic on March 14, 2006, but the Resolution was not available at the time. Common Council members would like to present this resolution to the Ithaca City School District Board of Education and the Alternative School Board at their next meeting. The date of the meeting will be made available to Council members for their participation. A vote on the Resolution resulted as follows: Carried Unanimously Update – Taxi Operations Review Committee: Alderperson Korherr reported that a sub-committee has been established to review taxi operations. The sub-committee meets every two weeks, and will be seeking input from all existing taxi companies. Topics of discussion include: restructuring rates, meters, zones, clean-up fees, scales, livery regulations, loading zones, and enforcement issues. GOVERNANCE & INTERMUNICIPAL RELATIONS COMMITTEE: A Resolution to set up a joint study group to investigate possible shared services and possible consolidation between the City of Ithaca and the Town of Ithaca. By Alderperson Berry: Seconded by Alderperson Tomlan WHEREAS, over the last several decades there has been much local and national discussion over the advantages and disadvantages of shared services or consolidation of governments, and WHEREAS, several successful partnerships have emerged in local municipalities during that time, such as the Ithaca Area Waste Water Treatment Plant, youth and recreation services, joint city/town fire services, and the Bolton Point Water System, and WHEREAS, the benefits of cost sharing/ consolidation have been enumerated by the New York State comptroller as reported in the booklets Local Government Management Guide: Intermunicipal Cooperation and Intermunicipal Cooperation and Consolidation: Exploring Opportunities for Savings and Improved Service Delivery, and WHEREAS, recent state reports illustrate the difficulties that New York State municipalities have been facing especially in the last 5 years including rising pension costs and health insurance, and WHEREAS, the Mayor of the City of Ithaca and the Supervisor of the Town of Ithaca have recently held meetings including an intermunicipal forum facilitated by Interface of May 3, 2006 8 the Community Dispute Resolution Center, and WHEREAS, the City of Ithaca Common Council and the Town of Ithaca Board are desirous of further examination of the mutual benefits between the two municipalities that could improve services, create efficiencies, and benefit citizens, now therefore be it RESOLVED, That a study group on intermunicipal cooperation and consolidation be created forthwith to examine, among others, the legal and regulatory aspects of shared services and possible consolidation, the pros and cons for both shared services and consolidation the financial opportunities and liabilities of consolidation or shared services, an analysis of the property and sales tax scenario for a single jurisdiction the concept of a new jurisdiction, a unified comprehensive plan, and be it further RESOLVED, That an analysis of the strengths, weaknesses, opportunities, and threats be provided for each topic area, and be it further RESOLVED, That the study group be composed of 8 members, mutually agreed upon by the town of Ithaca Board and the City of Ithaca Common Council, with representatives having knowledge of finance, law, planning, public works, police, or organizational culture, plus one elected official liaison from each jurisdiction (making 10 members), such study group and its chair to be nominated by a town/city joint nomination committee comprised of the mayor, supervisor, one Common Council member and one town board member, and be it further RESOLVED, That the city council and the town board identify and work toward obtaining financial assistance such as grants from appropriate agencies including the State comptroller's office, and be it further RESOLVED, That each municipality agree to provide staff assistance to the study group, including participation from each municipality’s historian, and be it further RESOLVED, That the study group report at least quarterly or as needed to the Common Council and Town Board at a joint meeting for periodic updates and consideration of possible amendments or additional directives, with ample opportunity for public input, and be it further RESOLVED, That a final report will be presented to the Common Council and the Town Board for their deliberation on future policy, based on the above topics, in approximately 12 months from the study group’s first meeting. Mayor Peterson stated that this Resolution was co-written with members of the Town of Ithaca Governing body. A vote on the Resolution resulted as follows: Carried Unanimously PLANNING, ECONOMIC DEVELOPMENT, AND ENVIRONMENTAL QUALITY COMMITTEE: Approval of the City Center Project Memorandum of Understanding among City of Ithaca, County of Tompkins, and Tompkins Consolidated Area Transit, Inc. – Resolution By Alderperson Tomlan: Seconded by Alderperson Korherr WHEREAS, the public transit system operated by Tompkins Consolidated Area Transit, Inc. (TCAT) is an essential component of a balanced transportation system in the City, and WHEREAS, bus stops and shelters around the Commons in downtown Ithaca serve a large number of persons who work, live, play, and pass through the downtown, and WHEREAS, on behalf of TCAT, Tompkins County has been awarded Federal Transit Administration (FTA) and New York State Department of Transportation capital program May 3, 2006 9 grants to construct and improve bus shelters, bus stops and crosswalks near the Commons (the City Center Project), and WHEREAS, in order to secure the federal funds before the award expires, an application to the FTA must be submitted in May in order to allow the FTA enough time to review the application and request any additional information, and WHEREAS, failure to submit an application to the FTA in a timely manner could result in the loss of $557,660 in federal funds, and WHEREAS, to protect the federal government’s interest in the project, the FTA requires execution of a Memorandum of Understanding among the City, the County and TCAT before TCAT and the County can apply to secure the awarded funds, and WHEREAS, a Memorandum of Understanding conveyed to the City on April 10, 2006 and apparently drafted on April 7, 2006 by and among the named parties that meets FTA requirements has been drawn up to identify rights and responsibilities with regard to ownership, maintenance, etc. of the Seneca Street and Cayuga Street bus stop improvements, and WHEREAS, this Memorandum of Understanding may be amended in the future to include public transit facilities on other City-owned properties around the Commons, in particular Aurora Street and Green Street, and WHEREAS, the construction of the City Center Project improvements are in the interest of downtown in particular and of the City and its residents in general; now, therefore, be it RESOLVED, That the Mayor be authorized to execute, on behalf of the City of Ithaca, the above referenced City Center Project Memorandum of Understanding referenced above among City of Ithaca, County of Tompkins, and Tompkins Consolidated Area Transit, Inc., and be it further RESOLVED, That the Mayor be authorized to execute future amendments to the City Center Project Memorandum of Understanding as future phases of the City Center Project are implemented. Amending Resolution: By Alderperson Cogan: Seconded by Alderperson Korherr RESOLVED, That the last resolved Clause be amended to read as follows: “RESOLVED, That the Mayor be authorized to execute future amendments to the City Center Project Memorandum of Understanding which establish substantively the same terms with regard to other bus shelters that are part of the City Center Project.” Carried Unanimously Main Motion As Amended: A vote on the Main Motion as Amended resulted as follows: Carried Unanimously Acceptance of Sculpture for the Ithaca Commons – Resolution This item was withdrawn from the agenda. CITY ADMINISTRATION COMMITTEE: Request to Amend 2006 Authorized Personnel Roster for Part-Time Office Assistant Position - Resolution By Alderperson Coles: Seconded by Alderperson Seger WHEREAS, the workload of the Building Department has dramatically increased over the past several years, and WHEREAS, there has been no corresponding increase in staff to meet the increased workload, and May 3, 2006 10 WHEREAS, the Building Department’s ability to provide effective customer service to the public has been impaired due to the lack of sufficient office staff; now, therefore be it RESOLVED, That the Personnel Roster of the Building Department be amended as follows: Add: One (1) Office Assistant PT (20 hours/week) and be it further RESOLVED, That the funding for this position shall be derived from within the existing Building Department budget. Carried (8-0) Alderperson Tomlan absent from vote Amendment to Personnel Roster - Resolution By Alderperson Coles: Seconded by Alderperson Seger WHEREAS, the Building Department has two code inspectors who have been working out of title for several years, and WHEREAS, there has been no corresponding increase in their salary because the city has been waiting for the State pay equity study; and WHEREAS, the promotion to Senior Code Inspector will result in a 10% increase for each inspector, or a total of $8,307, and WHEREAS, because of personnel changes in the Building Department this year, money exists in the Building Department’s budget; now, therefore be it RESOLVED, That the Personnel Roster of the Building Department be amended as follows: Add: Two (2) Senior Code Inspectors Delete: Two (2) Code Inspectors and, be it further RESOLVED, That the funding for the position shall be derived from the existing Building Department budget. Carried (8-0) Alderperson Tomlan absent from vote Request to Amend Capital Project #445 – Cayuga Waterfront Trail - Resolution By Alderperson Coles: Seconded by Alderperson Korherr WHEREAS, on June 13, 2001, Common Council passed a resolution establishing the Cayuga Waterfront Trail Capital Project, at a maximum estimated cost of $1,134,876, and WHEREAS, the Department of Planning and Development is desires to amend the existing Capital Project to include a project for a Feasibility Study for Phase 3 of the Cayuga Waterfront Trails, and WHEREAS, it has been determined by staff that the cost of this study is estimated to be $50,000 and will include the preparation of feasibility reports and schematic plans and other project-related costs; now, therefore, be it RESOLVED, That Capital Project #445 for the Cayuga Waterfront Trail Capital Project is hereby amended by an amount not to exceed $50,000 from the previous $1,134,876 authorization to a maximum authorized cost of $1,184,876 to reflect the new revised estimate, and be it further May 3, 2006 11 RESOLVED, That the financing necessary to fund said additional project costs shall be derived from a $25,000 Department Of State Environmental Protection Fund Grant awarded in 2004, $15,000 in non-city funds raised by the Cayuga Waterfront Trail Initiative, and $10,000 will be an in-kind match of City Services relating to grant administration, document preparation and other associated costs. Carried Unanimously Motion to Extend Meeting to 11:20 p.m. By Alderperson Korherr: Seconded by Alderperson Coles RESOLVED, That Common Council extend the meeting to 11:20 p.m. Carried Unanimously Thank you to City Workforce - Resolution By Alderperson Coles: Seconded by Alderperson Korherr WHEREAS, Common Council, the Mayor and the City Controller have endeavored to find ways of reducing the tax burden on residents in many ways from greater efficiency to cost reduction, and WHEREAS, cost reduction has been and continues to be a focus of this administration, and WHEREAS, our employees often have a unique and clearer understanding of how cost saving could be achieved due to the simple fact that it is they who are at point of actual delivery of services, and WHEREAS, at various meetings, employees made suggestions for cost saving and greater efficiency which the city has and continues to incorporate in the way we function, and WHEREAS, Common Council and the Mayor hope that members of the city’s work force will continue to participate in this dialogue in the future; now, therefore, be it RESOLVED, That a warm note of thanks is extended to all of those employees who participated in this process as well as our hope for their future involvement in more discussions on the topic. Carried Unanimously Amend South Aurora Street Capital Project for Bridge Rails - Resolution By Alderperson Coles: Seconded by Alderperson Seger WHEREAS, the South Aurora Street Bridge, over Green Street and Six-Mile Creek, is scheduled for reconstruction during 2007. The bridge project is currently in the design phase. The reconstruction project will be funded at ratios of 80% Federal funds, 15% New York State funds, and 5% local share. The Federal and NYS funds allow only for standard design features. Any amenities to the project representing increased construction costs become the responsibility of the City of Ithaca, and WHEREAS, public meetings have resulted in strong interest in incorporating decorative bridge rails similar to those installed on the Route 96 Bridge and those on the Linn Street Bridge, and WHEREAS, the Planning and Development Board passed a resolution to encourage the Board of Public Works to have the decorative bridge railing incorporated in the design, and WHEREAS, the Board of Public Works has asked staff to incorporate the Texas-style railing into the bridge design; now, therefore be it RESOLVED, The Common Council hereby amends Capital Project # 486 South Aurora Street Bridge Rehabilitation by an amount not to exceed $40,000 resulting in a total project authorization of $953,000 as the proposed funding for the additional costs related to the bridge rails, and be it further May 3, 2006 12 RESOLVED, That funds necessary for said bridge design shall be derived by the issuance of serial bonds. Extensive discussion followed on the floor regarding the additional costs associated with the proposal, the visual improvements the railings would offer, and the high exposure, downtown location of the bridge that spans a water source in addition to Green Street. Further discussion occurred regarding equity issues with project funding and concerns were raised about the difficulties incurred in obtaining funding for neighborhood issues such as community center improvements, signage, trash pick up, etc. Motion to Extend Meeting: By Alderperson Cogan: Seconded by Alderperson Coles RESOLVED, That Common Council extend the meeting to 11:45 p.m. Ayes (7) Coles, Seger, Clairborne, Tomlan, Gelinas, Korherr, Cogan Nays (2) Berry, Townsend Abstentions (0) Carried Alderperson Townsend stated that he was concerned about other increasing costs so he would support the railings, but not the light fixtures. Alderperson Clairborne questioned how this project impacts the City’s debt load. City Controller Thayer responded that it has a minimal impact on the debt limit. A vote on the Resolution resulted as follows: Ayes (8) Coles, Seger, Berry, Clairborne, Tomlan, Gelinas, Korherr Cogan Nays (1) Townsend Abstentions (0) Carried Amend South Aurora Street Capital Project for Bridge Lighting Pedestals - Resolution By Alderperson Coles: Seconded by Alderperson Seger WHEREAS, the South Aurora Street Bridge, over Green Street and Six-Mile Creek, is scheduled for reconstruction during 2007. The bridge project is currently in the design phase. The reconstruction project will be funded at ratios of 80% Federal funds, 15% New York State funds, and 5% local share. The Federal and NYS funds allow only for standard design features. Any amenities to the project representing increased construction costs become the responsibility of the City of Ithaca, and WHEREAS, public meetings have resulted in strong interest in incorporating lighting fixtures similar to those installed on the Route 96 Bridge and those on the Linn Street Bridge, and WHEREAS, the Planning and Development Board passed a resolution to encourage the Board of Public Works to have the lighting fixtures incorporated in the design along with pedestrian improvements, and WHEREAS, the Board of Public Works has asked staff to incorporate the associated lighting fixtures into the bridge design; now, therefore be it RESOLVED, The Common Council hereby amends Capital Project # 486 South Aurora Street Bridge Rehabilitation by an amount not to exceed $40,000 resulting in a total project authorization of $993,000 as the proposed funding for the additional costs related to the associated lighting fixtures, and be it further May 3, 2006 13 RESOLVED, That funds necessary for said bridge design shall be derived by the issuance of serial bonds. Alderperson Coles stated that the current bridge does not have bike lanes and any lighting on or under the bridge. The new bridge will have bike lanes and sidewalks on both sides. Discussion followed on the floor regarding lighting, safety concerns, levels of pedestrian traffic and costs. A vote on the Resolution resulted as follows: Ayes (5) Coles, Seger, Tomlan, Korherr, Cogan Nays (4) Gelinas, Townsend, Berry, Clairborne Abstentions (0) Failed Request to Amend 2006 Youth Bureau Budget and Roster - Resolution By Alderperson Coles: Seconded by Alderperson Korherr WHEREAS, the Ithaca Youth Bureau has proposed moving the Youth Program Administrator position from the CSEA Administrative Unit to the Executive Association, and WHEREAS, the Youth Bureau has proposed amending the roster to increase the hours of this Youth Program Administrator from 35 hours per week to 40 hours per week effective May 8, 2006, and WHEREAS, the Youth Bureau has proposed amending the 2006 Youth Bureau budget by transferring $6,383.00 from Account # A 7310-5110-1202 to Account # A 7310-5110- 1200, and WHEREAS, the Youth Bureau has worked closely with the Human Resources Department and CSEA in the development of this proposal, and WHEREAS, this position is one of the Youth Bureau’s key administrative positions and the duties have expanded in recent years, and WHEREAS, this proposal is budget neutral; now, therefore, be it RESOLVED, That Common Council hereby amends the 2006 Youth Bureau budget and roster as follows: • Move the Youth Program Administrator position from the CSEA Administrative Unit to the Executive Association, and • Amend the roster to increase the hours of this Youth Program Administrator from 35 hours per week to 40 hours per week effective May 8, 2006, and • Amend the 2006 Youth Bureau budget by transferring $6,383.00 from Account # A7310-5110-1202 to Account # A7310-5110-1200. Alderperson Clairborne expressed concern regarding the equity with Greater Ithaca Activities Center (GIAC) as this change affects parity between two similar positions that reside in both the Youth Bureau and GIAC. He stated that the Director of GIAC will work with the Human Resources Department to review their personnel roster, and that she may need Council support for staff changes at GIAC. A vote on the Resolution resulted as follows: Carried Unanimously May 3, 2006 14 NEW BUSINESS: Mahogany Grill Alcohol Permit Request - Resolution By Alderperson Korherr: Seconded by Alderperson Coles WHEREAS, the City Clerk has received a request to allow the Mahogany Grill restaurant to utilize certain areas along Aurora Street for outdoor dining, and WHEREAS, this use of public property has been deemed proper and successful, and WHEREAS, the City of Ithaca wishes to promote diverse uses of the Primary and Secondary Commons, including outdoor dining, and WHEREAS, it is Common Council's responsibility to determine whether or not to allow the serving and consumption of alcohol on the Primary and Secondary Commons, and WHEREAS, Common Council has determined that the use of this public property for outdoor dining at the Mahogany Grill Restaurant, including the responsible sale and consumption of alcohol, is desirable, and WHEREAS, Common Council has determined that any use of this or similar public property involving the same and consumption of alcohol should be covered by a minimum of $1,000,000 insurance under the Dram Shop Act; now, therefore be it RESOLVED, For the year 2006, Common Council hereby approves a revocable Alcoholic Beverage Permit for the outdoor sale and consumption of alcohol for the Mahogany Grill Restaurant that includes the sale of alcohol in accord with the terms and conditions set forth in application therefore, including minimum Dram Shop coverage in the amount of $1,000,000 and the approval of an outdoor dining permit. Carried Unanimously Blue Stone Restaurant Alcohol Permit Request - Resolution By Alderperson Korherr: Seconded by Alderperson Coles WHEREAS, the City Clerk’s Office has received a request to allow the Blue Stone Restaurant to utilize certain areas along Aurora Street for outdoor dining, and WHEREAS, this use of public property has been deemed proper and successful, and WHEREAS, the City of Ithaca wishes to promote diverse uses of the Primary and Secondary Commons, including outdoor dining, and WHEREAS, it is Common Council's responsibility to determine whether or not to allow the serving and consumption of alcohol on the Primary and Secondary Commons, and WHEREAS, Common Council has determined that the use of this public property for outdoor dining at the Blue Stone Restaurant, including the responsible sale and consumption of alcohol, is desirable, and WHEREAS, Common Council has determined that any use of this or similar public property involving the same and consumption of alcohol should be covered by a minimum of $1,000,000 insurance under the Dram Shop Act; now, therefore be it RESOLVED, For the year 2006, Common Council hereby approves a revocable Alcoholic Beverage Permit for the outdoor sale and consumption of alcohol for the Blue Stone Restaurant that includes the sale of alcohol in accord with the terms and conditions set forth in application therefore, including minimum Dram Shop coverage in the amount of $1,000,000 and the approval of an outdoor dining permit. Carried Unanimously May 3, 2006 15 Lokelani’s Restaurant Alcohol Permit Request - Resolution By Alderperson Korherr: Seconded by Alderperson Coles WHEREAS, the City Clerk has been notified that a new restaurant, named “Lokelani’s” has opened at 113 South Cayuga Street, and is expected to start serving the public, and WHEREAS, the City Clerk’s Office has received a request to allow Lokelani’s Restaurant to utilize certain areas along South Cayuga Street for outdoor dining, and WHEREAS, this use of public property has been deemed proper and successful, and WHEREAS, the City of Ithaca wishes to promote diverse uses of the Primary and Secondary Commons, including outdoor dining, and WHEREAS, it is Common Council's responsibility to determine whether or not to allow the serving and consumption of alcohol on the Primary and Secondary Commons, and WHEREAS, Common Council has determined that the use of this public property for outdoor dining at Lokelani’s Restaurant, including the responsible sale and consumption of alcohol, is desirable, and WHEREAS, Common Council has determined that any use of this or similar public property involving the same and consumption of alcohol should be covered by a minimum of $1,000,000 insurance under the Dram Shop Act; now, therefore be it RESOLVED, For the year 2006, Common Council hereby approves a revocable Alcoholic Beverage Permit for the outdoor sale and consumption of alcohol for Lokelani’s Restaurant that includes the sale of alcohol in accord with the terms and conditions set forth in application therefore, including minimum Dram Shop coverage in the amount of $1,000,000 and the approval of an outdoor dining permit. Carried Unanimously MAYOR’S APPOINTMENTS: Disability Advisory Council By Alderperson Tomlan: Seconded by Alderperson Seger RESOLVED, That Charlie Dorsey be appointed to the Disability Advisory Council to fill a vacancy with a term to expire June 30, 2008, and be it further Rental Housing Advisory Commission RESOLVED, That John Dennis be appointed to the Rental Housing Advisory Commission to fill a vacancy with a term to expire December 31, 2008, and be it further Shade Tree Advisory Committee: RESOLVED, That Carolyn H. Boronkay be appointed to the Shade Tree Advisory Committee to fill a vacancy with a term to expire December 31, 2006. Carried Unanimously REPORT OF CITY CLERK: City Clerk Holcomb reported that the new furniture for Common Council Chambers would be delivered on Monday, May 8, 2006. Mayor Peterson stated that there would be a Special Meeting of Common Council on May 11, 2006 to discuss Executive Session items. May 3, 2006 16 MINUTES FROM PREVIOUS MEETINGS: Approval of the April 5, 2006 Regular Common Council Meeting Minutes – Resolution This item was withdrawn from the agenda. ADJOURNMENT: On a motion the meeting adjourned at 11:45 p.m. ______________________________ _______________________________ Julie Conley Holcomb, CMC Carolyn K. Peterson, City Clerk Mayor