HomeMy WebLinkAboutMN-CC-2008-03-05COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 7:00 p.m. March 5, 2008
PRESENT:
Mayor Peterson
Alderpersons (10) Coles, Dotson, Rosario, Clairborne, Tomlan, Zumoff, Schuler,
Myrick, Cogan, Korherr
OTHERS PRESENT:
City Clerk – Conley Holcomb
City Attorney – Hoffman
City Controller – Thayer
Acting Planning & Development Director – Cornish
Deputy Community Development Director – Kittel
Superintendent of Public Works – Gray
Human Resources Director – Michell-Nunn
Fire Chief – Wilbur
GIAC Director – Fort
PLEDGE OF ALLEGIANCE:
Mayor Peterson led all present in the Pledge of Allegiance to the American Flag.
ADDITIONS TO OR DELETIONS FROM THE AGENDA:
Mayor Peterson requested the addition of Item 10.6 – Possible Motion to Enter into
Executive Session to Discuss Collective Bargaining.
No Council Member objected.
PROCLAMATIONS/AWARDS:
3.1 Mayor Peterson read a proclamation for Mr. George Rhoads to celebrate his
contributions of art and science to the Ithaca community.
3.2 Mayor Peterson proclaimed March 2008 as Women’s History Month. Mayor
Peterson shared her thoughts on the progress that has been made and work that still
needs to be done on this issue.
Alderperson Korherr arrived at the meeting at 7:25 p.m.
SPECIAL PRESENTATIONS BEFORE COUNCIL:
Report from the Town of Ithaca
Peter Stein, Town of Ithaca Board member, addressed Council on the following topics:
West Hill development in the Town of Ithaca will create a 20% increase to the property
tax base.
He suggested that members of Common Council also rotate to give reports at the Town
of Ithaca Board meetings.
He reviewed the discussions of the Joint City / Town Study Group regarding how the
Town and City can work together with a common destiny. He further reviewed the issue
of consolidation versus shared services.
He suggested that the City’s and the Town’s Comprehensive Plans should be
developed in coordination with each other.
Alderperson Coles reported that groups of citizens from the City and Town have been
meeting together to discuss trails on West Hill.
Alderperson Tomlan thanked Mr. Stein for all his work on the Joint City / Town Study
Group.
March 5, 2008
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Mayor Peterson noted that her office would be extending a special recognition to the
Cornell University basketball team for their undefeated season.
Alderperson Myrick extended his congratulations to the Cornell basketball team for their
accomplishments this season and their upcoming trip to the NCAA Tournament.
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
No one appeared to address Common Council.
PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR:
Mayor Peterson reported that she received a letter from a contractor stating that if the
dry wall contract for the Lake View Mental Health Services project is awarded to a
particular contractor, a letter would be signed stating that they would not misclassify
workers.
Alderperson Tomlan reported that the Goody Clancy Team, consultants for the
Collegetown Urban Design Plan, would be in town later this week. They will be
conducting a presentation/workshop for the Collegetown Neighborhood Council on
Friday, March 7, 2008 from 4:00 – 5:00 pm at St. Luke Church. The presentation will be
made to members of the public from 5:30 – 7:00 pm.
A design charrette will be held on Saturday, March 8, 2008 from 9:00 a.m. to 2:00 p.m.
at St. Luke Church with the hope that participants will include representatives of
students, neighbors, merchants, property owners, landlords, and Cornell University.
Comments on the plan and a summary presentation will be made on Sunday, March 9,
2008 from 1:00 p.m. to 4:00 pm at Kraftee’s Store. She thanked St. Luke Church for
their service to the community and for offering their building as a meeting space.
Alderperson Tomlan further reported that Code Studio will be at City Hall on Friday,
March 7, 2008 at 2:30 p.m. to make a presentation on Form Based Zoning.
8. CONSENT AGENDA ITEMS:
8.1 Youth Bureau – Amendment to Personnel Roster - Resolution
By Alderperson Schuler: Seconded by Alderperson Cogan
WHEREAS, the Ithaca Youth Bureau has requested permission to amend the 2008
budget and personnel roster, increasing the hours of a Specialist in Recreation for
Individuals with Disabilities from 35 hours per week to 40 hours per week, and
WHEREAS this will enable the Youth Bureau to supervise a full-time intern from Ithaca
College under National Council on Therapeutic Recreation Certification standards,
develop and implement an inclusion process at Cass Park Day Camp and supervise 5
full-time seasonal staff, and
WHEREAS, the Ithaca Youth Bureau can make the needed changes within the 2008
approved budget without requesting additional funding; now, therefore, be it
RESOLVED, That Common Council hereby amends the 2008 Youth Bureau budget
and roster as follows:
Decrease Expense Account
# 7310-5120-1601 Hourly Part-time $3,200
Increase Expense Account
# 7310-5110-1600 Salaries – Staff $3,200
Increase the hours of one Specialist in Recreation for Individuals with Disabilities from
35 hours per week to 40 hours per week effective March 10, 2008.
Carried Unanimously
March 5, 2008
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8.2 Ithaca Police Department - Revise Personnel Roster to Upgrade Custodial
Worker to Custodian. - Resolution
By Alderperson Schuler: Seconded by Alderperson Cogan
WHEREAS, the Ithaca Police Department currently has three custodial workers who
provide cleaning services for the Ithaca Police and Ithaca City Court buildings,
WHEREAS, the custodial workers are without a civilian supervisor who routinely
inspects both buildings and assigns tasks as needed,
WHEREAS, the Ithaca Police Department hereby requests a change in title for one of
the positions from custodial worker to custodian,
WHEREAS, the custodian will be responsible for routine building inspections and
supervision of the custodial workers; now, therefore be it
RESOLVED, That Common Council of the City of Ithaca hereby amends the authorized
Ithaca Police Department roster as follows:
Delete: One (1) Custodial Worker (40 hrs)
Add: One (1) Custodian (40hrs)
and, be it further
RESOLVED, That the position of Custodian be and hereby is assigned to the CSEA
DPW Unit at salary grade 26, and be it further
RESOLVED, That the funds for this change shall be derived from the existing IPD
budget.
Carried Unanimously
8.3 Chamberlain’s Office - Revision of Returned Check Fee - Resolution
By Alderperson Schuler: Seconded by Alderperson Cogan
WHEREAS, the City of Ithaca currently charges $15 service charge for dishonored
checks, and
WHEREAS, New York General Municipal Law provides that municipalities can charge
up to $20 service charge for such checks, and
WHEREAS, a $20 service charge better reflects the cost of accounting for and
collection of returned checks; now therefore be it
RESOLVED, That Common Council sets the fee for returned checks at $20.
Carried Unanimously
8.4 Fire Department - Amendment to Personnel Roster - Resolution
By Alderperson Schuler: Seconded by Alderperson Cogan
WHEREAS, the Financial Management Assistant was promoted to Office Manager,
effective January 16, 2008; and,
WHEREAS, the part-time Financial Management Assistant position is now vacant; and,
WHEREAS, the ongoing review of the administrative office structure and staffing now
recommends the part-time Financial Management Assistant and the part-time Financial
Clerk positions be combined to create one full-time Administrative Assistant position;
and,
WHEREAS, the incumbent in the part-time Financial Clerk position is eligible for, and
has applied for both the full-time Financial Management Position and the proposed
Administrative Assistant position; now, therefore be it
March 5, 2008
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RESOLVED, The Common Council of the City of Ithaca hereby amends the authorized
Ithaca Fire Department roster as follows:
Delete - One (1) Financial Management Assistant (20 hours)
Salary range: $13,419-$15,433
Add - One (1) Administrative Assistant (40 hours)
Salary range: $28,663-$32,948
and, be it further
RESOLVED, The funds for these changes shall be derived from existing appropriations
Carried Unanimously
9. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE:
9.1 Support of a Tourism Capital Grants Feasibility Study Application for a
Stewart Park Rehabilitation Action Plan (SPRAP)
By Alderperson Tomlan: Seconded by Alderperson Korherr
WHEREAS, Park Commissioner Richard Manning, representing the Tompkins County
Chamber of Commerce Foundation's Cayuga Waterfront Trail Initiative, has written a
Tourism Capital Grants Feasibility Study Application for a Stewart Park Rehabilitation
Action Plan (SPRAP) for consideration by the Tompkins County Strategic Tourism
Board, and
WHEREAS, Stewart Park is one of the region’s most heavily used parks, and is in high
demand for community events and for the use of its facilities including picnic pavilions,
playgrounds, ball fields, sprinklers, and is the focus of many proposals such as Phase 3
of the Waterfront Trail, a Motion Picture Museum in the old Wharton Studio pavilion
(currently housing the Stewart Park maintenance crews and equipment), enclosing the
carousel, rehabilitating the Cascadilla Boathouse, updating the playground equipment,
and burying power lines, and
WHEREAS, in spite of budget cutbacks and declining resources, Stewart Park remains
one of the area’s most popular parks, and
WHEREAS, the Stewart Park Rehabilitation Action Plan (SPRAP) proposes to identify
and assess all of the projects currently needed to upgrade existing facilities and to
coordinate projects being proposed by various community groups, into one coherent
vision for the park and how they can be prioritized for effective implementation, and
WHEREAS, this vision will be done through the work of a task force of stakeholders that
will include representatives from the City of Ithaca (various departments and boards,
Common Council), Tompkins County Chamber of Commerce, Strategic Tourism Board
and County Visitor Bureau, Historic Ithaca, The History Center in Tompkins County, the
Ithaca Motion Picture Project, Tompkins County Planning Department, Ithaca Festival,
Community Arts Partnership, Cascadilla Boat Club, Cornell Lab of Ornithology,
Sustainable Tompkins, and the Friends of Newman Golf Course, and
WHEREAS, the City of Ithaca Parks Commission did, on February 12, 2008,
unanimously pass a resolution in support of the Tourism Capital Grants Feasibility
Study Application for a Stewart Park Rehabilitation Action Plan; now, therefore, be it
RESOLVED, That the Common Council does hereby support the Tourism Capital
Grants Feasibility Study Application for a Stewart Park Rehabilitation Action Plan, and
be it further
RESOLVED, That the Common Council requests that a representative from Finger
Lakes State Parks, Recreation, and Historic Preservation and a representative from the
Town of Ithaca be included in the task force of stakeholders as outlined above.
Amending Resolution:
By Alderperson Tomlan: Seconded by Alderperson Korherr
RESOLVED, That an additional Whereas Clause be added as the 6th Whereas clause
to read as follows:
March 5, 2008
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“WHEREAS, this project will be overseen by a steering committee whose members will
represent the Tompkins County Chamber of Commerce Board of Directors, the City of
Ithaca Common Council and the Strategic Tourism Board, and”
Carried Unanimously
Extensive discussion followed on the floor regarding who should be represented on the
steering committee.
Amending Resolution:
By Alderperson Rosario: Seconded by Alderperson Dotson
RESOLVED, that the 6th Whereas clause be amended to read as follows:
“WHEREAS, this project will be overseen by a steering committee whose members will
represent the Tompkins County Chamber of Commerce Board of Directors, the City of
Ithaca Common Council, the City of Ithaca Board of Public Works and the Strategic
Tourism Board, and”
Discussion followed on the floor with Mr. Rick Manning explaining that the Steering
Committee should be made of policy makers that would be empowered to make
decisions and then carry them out.
Alderperson Tomlan explained that this application is not the City’s, the proposal came
from the Chamber of Commerce. If the grant is approved, the resultant study and report
would make recommendations but not commit the City to anything. The end result will
be a working document for the City to follow as it proceeds on projects.
Mayor Peterson noted that she believes that the Steering Committee should be tipped
in favor of City representation as Stewart Park is a City park that is funded solely by the
City of Ithaca taxpayers.
After further discussion, Alderpersons Rosario and Dotson agreed to withdraw their
amendment.
Amending Resolution:
By Alderperson Tomlan: Seconded by Alderperson Rosario
RESOLVED, That the last Resolved clause be amended to read as follows:
“RESOLVED, That the Common Council requests that the Board of Public Works be
represented on the steering committee for the project, and that a representative from
Finger Lakes State Parks, Recreation, and Historic Preservation and a representative
from the Town of Ithaca be included in the task force of stakeholders as outlined above.
Carried Unanimously
Main Motion As Amended:
A Vote on the Main Motion as Amended resulted as follows:
Carried Unanimously
10. CITY ADMINISTRATION COMMITTEE:
10. GIAC – Request to Amend Capital Project #499 Greater Ithaca Activities
Center Building Renovations - Resolution
By Alderperson Coles: Seconded by Alderperson Korherr
WHEREAS, the City's Greater Ithaca Activities Center (GIAC), built in 1922 and 1923,
has long been the place chosen by residents of all ages and races as the place for
learning, playing and for meeting neighbors, thus rendering GIAC the place where
community is built; and
WHEREAS, support for GIAC in the community is strong as demonstrated by comments
expressed in various city civic associations' listservs, in numerous city meetings, and in
letters to local papers; and
WHEREAS, a firm hired by the City of Ithaca, La Bella Associates, conducted a
structural analysis of the GIAC building and on January 4, 2008 issued a report which
finds the GIAC building to be structurally sound, and
WHEREAS, La Bella Associates further reported on January 4, 2008 on the conditions
of various other aspects of the GIAC building including the roofs, the mechanical
March 5, 2008
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systems, the plumbing and fire protection systems, the electrical system, the asbestos
survey, and the analysis of the building’s compliance with the current New York State
Building Code, and
WHEREAS, the La Bella Associates concluded that the GIAC building is in a
considerable state of disrepair, a state which resulted in a list of recommendations of
thirty-eight items of renovation that would keep the building viable for future years, and
WHEREAS, GIAC is a local institution expected by the community to step in and fill
needs such as providing programs for pre-school age children; providing free meals for
children attending various programs; providing after-school programs for the children of
poor and working families; providing guidance and leadership training for teens and
young people; providing programs for the elderly, employment assistance for
underrepresented and disenfranchised populations; and is home to the BOCES English
As A Second Language program, and
WHEREAS, given GIAC's formidable task of counteracting socioeconomic, racial, and
gender based inequalities, a task that GIAC has and continues to embrace, the Mayor
and the Common Council of the City of Ithaca desire that such critical work happen in a
building that reflects the value of GIAC's work in our community, and that the La Bella
Associates' recommendations for the GIAC building be implemented, and
WHEREAS, the total cost of rehabilitating the building is estimated at $4 million, and
WHEREAS, the Ithaca Urban Renewal Agency is recommending that the City's
Community Development Block Grant funds be allocated to GIAC for renovations of the
building, for a total of $2 million over a period of five years, and
WHEREAS, in the instance that the structural, code compliance work and the necessary
renovations recommended by La Bella Associates were to be undertaken
simultaneously, and as early as possible, the city's considerable investment in the GIAC
building would in essence be protected by insuring that the work would be done both
correctly and more efficiently for the following reasons:
1) The cost for comprehensive construction inspection of reconstruction will be more
economically possible with one project and not if the work were to be done in a
piecemeal approach.
2) The inspection will be likely to insure that no work will be done at cross-purposes.
3) The cost of materials has and will continue to rise exponentially.
4) There will be cost savings and efficiency in construction in completing the project in
a single phase, and
WHEREAS, the Common Council wishes to diminish the disruption and the cost
associated with moving classrooms, offices, staff etc. necessitated by the work that will
have to be done to the GIAC building as outlined by the La Bella Associates and make
the best use of funds available, and
WHEREAS, the Board of Directors of GIAC has expressed its unanimous support for
this approach to meet the future needs of GIAC by resolution at its regular meeting of
February 21, 2008, now, therefore be it
RESOLVED, That the Common Council amends Capital Project #499 (GIAC Building
Reconstruction), by an amount not to exceed $4 million, for a total project authorization
in an amount not to exceed $4,506,000, and be it further
RESOLVED, That the initial funding for the additional $4 million allocation be derived
and advanced from the General Fund, as needed with later repayment from the
issuance of Bonds, and be it further
RESOLVED, That Common Council declares its intention to use funds from future
Community Development Block Grant allocations, over the next five years, in the total
March 5, 2008
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amount of $2 million to repay the City in part for this additional allocation for
reconstruction of the GIAC building.
Alderperson Clairborne disclosed that he serves on the GIAC Board of Directors and
that his wife is Deputy Director of GIAC. He stated that he will be voting on this
Resolution as no conflict exists.
Alderperson Myrick stated that this work is long overdue and that this project is strongly
supported by the college student population that believes GIAC is synonymous with
Ithaca.
Alderperson Rosario stated that he is a strong supporter of the Resolution. He did have
a question related not to GIAC but to the City's fiscal policy: it is his understanding that
just the authorization to borrow money is counted towards our debt load, even if we
haven't actually borrowed any money. He also understood that there are projects, such
as the Six-Point-Traffic Plan's Taughannock Blvd project, that we still have on the books
with the authorization to borrow money yet we have no intention of actually doing. He
asked that we consider "off-setting" the amount of money we need to borrow for GIAC,
or any future capital project, by de-authorizing money for past projects like
Taughannock Blvd, that remain on the books but we do not intend to do. This would
help the City get back to being under 80% of its debt limit.
Alderperson Tomlan stated that she had concerns regarding money as well and spoke
with City Controller Thayer. He stated that the report from LaBella appears to be very
sound and the proposals for work seem appropriate. She further stated that the term
“renovation” seems to be more appropriate than “reconstruction” in the resolution.
Amending Resolution:
By Alderperson Tomlan: Seconded by Alderperson Schuler
RESOLVED, That any reference to the word reconstruction be changed to “renovation”
in the resolution.
Carried Unanimously
Alderperson Dotson thanked Alderperson Coles and Deputy Community Development
Director Kittel for all of the work they’ve done to move this project forward.
Main Motion As Amended:
A Vote on the Main Motion as Amended resulted as follows:
Carried Unanimously
10.2 Safety Committee – Adoption of City of Ithaca Safety Committee Standard
Operating Procedures - Resolution
By Alderperson Coles: Seconded by Alderperson Schuler
WHEREAS, City staff developed standard operating procedures for the City of Ithaca
Safety Committee, and
WHEREAS, Common Council has received said Standard Operating Procedures; now,
therefore be it
RESOLVED, That Common Council hereby adopts the attached Standard Operating
Procedures for the City of Ithaca Safety Committee.
Carried Unanimously
10.3 A Local Law to Amend Section 107-1 of the City of Ithaca Municipal Code
Regarding the Salary of the Mayor of the City of Ithaca.
By Alderperson Coles: Seconded by Alderperson Korherr
LOCAL LAW NO._____- 2008
BE IT ENACTED by the Common Council of the City of Ithaca as follows:
Section 1.
Section 107-1 of the City of Ithaca Municipal Code is hereby amended as follows:
§107-1 Salary established. The annual salary of the Mayor shall be the sum of
[$51,750] $53,561.
March 5, 2008
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Section 2. Effective and Operative Date.
This Local Law shall take effect upon its filing in the office of the Secretary of State and
shall be retroactive to January 1, 2008.
Carried Unanimously
10.4 A Local Law to Amend Section 107-2 of the Ithaca Municipal Code
Regarding the Salary of the Common Council Members of the City of Ithaca.
By Alderperson Coles: Seconded by Alderperson Korherr
LOCAL LAW NO._____- 2008
BE IT ENACTED by the Common Council of the City of Ithaca as follows:
Section 1.
Section 107-2 of the City of Ithaca Municipal Code is hereby amended as follows:
§107-2 Salary established.
The annual salary of the Council members shall be the sum of [$9,315] $9,641.
Section 2. Effective and Operative Date.
This Local Law shall take effect upon its filing in the office of the Secretary of State and
shall be retroactive to January 1, 2008.
Carried Unanimously
10.5 Human Resources - Adoption of Vehicle Usage Policy - Resolution
By Alderperson Coles: Seconded by Alderperson Clairborne
WHEREAS, in an effort to clearly communicate expectations and standardize practices
across the City of Ithaca organization, the Senior Staff (department heads and deputies)
identified several organizational policies in need of documentation, and
WHEREAS, a list of the organizational polices were distributed to the workforce for
prioritization, based on that feedback, Senior Staff and the appropriate stake holders
are or will be in the process of documenting these policies, and
WHEREAS, the Vehicle Usage Policy was in the process of being drafted before the
feedback from the workforce was gathered and while vehicle usage did not make the
top ten on the list of priorities, it was nevertheless identified and chosen by senior staff
as a practice in need of documentation, now therefore be it
RESOLVED, That the Ithaca Common Council adopts the City of Ithaca Vehicle Usage
Policy, and be it further
RESOLVED, That upon the approval of this policy, the Common Council hereby
requires that each department head, division head, and Human Resources department
be responsible for implementing, communicating, and enforcing said policy.
Amending Resolution:
By Alderperson Dotson: Seconded by Alderperson Cogan
RESOLVED, That the purpose statement of the City of Ithaca Vehicle Usage Policy be
amended to read as follows:
“The City encourages employees to be mindful of the City’s commitments to
sustainability, energy efficiency, and a healthy workplace. Employees are asked to
make transportation choices that support these goals. For instance, the City
encourages walking and biking (or other active transportation) when possible, and when
a vehicle is needed, encourages use of the most fuel efficient vehicle available that fills
the current need, as well as shared vehicle use (carpooling) when possible.”
Carried Unanimously
Human Resources Director Michell-Nunn stated that the City may want to consider
increasing its inventory of bicycles if it is going to actively promote that mode of
transportation.
March 5, 2008
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Amending Resolution:
By Alderperson Dotson: Seconded by Alderperson Zumoff
RESOLVED, That the first Resolved clause be amended to read as follows:
“RESOLVED, That the Ithaca Common Council adopts the City of Ithaca Vehicle Usage
Policy dated March 5, 2008, including the amendment thereto approved that date and,
be it further”
Carried Unanimously
Main Motion As Amended:
A Vote on the Main Motion as Amended resulted as follows:
Carried Unanimously
10.6 Report of City Controller:
City Controller Thayer reported on the following items:
2006 Audit is being conducted
Closing out 2007 year-end
High gas prices have resulted in the 2008 budget being adjusted to cover utility
costs
Bond market – interest rates have increased which may impact 2009 interest
costs for short term notes
Sales tax revenue collections are 9.3% over the 2007 budget
10.7 Possible Motion to Enter Into Executive Session to Discuss Collective
Bargaining:
By Alderperson Coles: Seconded by Alderperson Clairborne
RESOLVED, That Common Council Enter into Executive Session to Discuss Collective
Bargaining.
Carried Unanimously
Reconvene:
Common Council reconvened into Regular Session with no formal action taken.
11 COMMUNICATION AND EMERGENCY SERVICES COMMITTEE:
No items were submitted for the agenda.
NEW BUSINESS:
13.1 Taste of Thai Alcohol Permit Request – Resolution
By Alderperson Korherr: Seconded by Alderperson Myrick
WHEREAS, the City Clerk has received a request to allow the Taste of Thai Restaurant to
utilize certain areas along the Primary Commons 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 Taste of Thai 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 2008, Common Council hereby approves a revocable Alcoholic
Beverage Permit for the outdoor sale and consumption of alcohol for the Taste of Thai
Restaurant that includes the sale of alcohol in accord with the terms and conditions set
March 5, 2008
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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
13.2 Sushi O Sake Japanese Restaurant Alcohol Permit Request - Resolution
By Alderperson Korherr: Seconded by Alderperson Myrick
WHEREAS, the Sushi O Sake Japanese Restaurant has requested permission 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 Sushi O Sake Japanese 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 2008, Common Council hereby approves a revocable
Alcoholic Beverage Permit for the outdoor sale and consumption of alcohol for the Sushi
O Sake Japanese 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
13.3 Viva Taqueria & Cantina Alcohol Permit Request – Resolution
By Alderperson Korherr: Seconded by Alderperson Myrick
WHEREAS, in 1998 the City of Ithaca issued a license to the Viva Taqueria & Cantina
Restaurant allowing that 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 Viva Taqueria & Cantina 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 2008, Common Council hereby approves a revocable Alcoholic
Beverage Permit for the outdoor sale and consumption of alcohol for the Viva Taqueria &
Cantina 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
March 5, 2008
11
13.4 Simeon’s Alcohol Permit Request - Resolution
By Alderperson Korherr: Seconded by Alderperson Myrick
WHEREAS, since 1987 the City of Ithaca has issued a license to Simeon's Restaurant
allowing that restaurant to utilize certain areas along Aurora Street and on the Ithaca
Commons for outdoor dining, and
WHEREAS, this use of public property has generally been deemed proper and successful,
and
WHEREAS, the City of Ithaca wishes to promote diverse uses of the Ithaca 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 Ithaca Commons, and
WHEREAS, Common Council has determined that the use of this public property for
outdoor dining at Simeon'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 2008, Common Council hereby approves a revocable Alcoholic
Beverage Permit for the outdoor sale and consumption of alcohol for Simeon's Restaurant
that includes the sale of alcohol in accordance with the terms and conditions set forth in
the application therefore, including minimum Dram Shop coverage in the amount of
$1,000,000 and the approval of an outdoor dining permit.
Carried Unanimously
13.5 Mahogany Grill Alcohol Permit Request - Resolution
By Alderperson Korherr: Seconded by Alderperson Myrick
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 2008, 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
March 5, 2008
12
13.6 Common Council’s Appointment to the Local Advisory Board of
Assessment Review – Resolution
By Alderperson : Seconded by Alderperson
RESOLVED, That Jill Burlington and ______________ be appointed to the Local
Advisory Board of Assessment Review.
This item was deferred to the April 2, 2008 Common Council meeting.
MAYOR’S APPOINTMENTS:
Cable Access Oversight Committee:
By Alderperson Cogan: Seconded by Alderperson Korherr
RESOLVED, That Patricia O’Rourke be appointed to the Cable Access Oversight
Committee to fill a vacancy with a term to expire December 31, 2008, and be it further
RESOLVED, That Will Burbank be reappointed to the Cable Access Oversight
Committee with a term to expire December 31, 2010, and be it further
Parks Commission:
RESOLVED, That Dan Krall be reappointed to the Parks Commission with a term to
expire December 31, 2010, and be it further
RESOLVED, That Dan Klein be appointed to the Parks Commission to fill a vacancy
with a term to expire December 31, 2009, and be it further
Shade Tree Advisory Committee:
RESOLVED, That Debra Statton be appointed to the Shade Tree Advisory Committee
with a term to expire December 31, 2009, and be it further
RESOLVED, That Anthony M. Hanna be appointed to the Shade Tree Advisory
Committee with a term to expire December 31, 2009, and be it further
RESOLVED, That Pamela Markham be appointed to the Shade Tree Advisory
Committee with a term to expire December 31, 2010, and be it further
RESOLVED, That Dan Klein be appointed to the Shade Tree Advisory Committee with
a term to expire December 31, 2010, and be it further
RESOLVED, That Judith P. Fogel be appointed to the Shade Tree Advisory Committee
with a term to expire December 31, 2008.
Carried Unanimously
REPORTS OF COMMON COUNCIL LIAISONS:
Shade Tree Advisory Committee
Alderperson Schuler stated that April 25, 2008 is Arbor Day and noted that various
designations such as Tree City have been given to the City of Ithaca.
Ithaca Urban Renewal Agency
Alderperson Clairborne reported that the Ithaca Urban Renewal Agency Action Plan
would be coming to the April Common Council meeting for discussion and possible
vote. He further reported that Eric Rosario has resigned from the Ithaca Urban Renewal
Agency Board because of being elected to Common Council.
Cable Access Oversight Committee
Alderperson Dotson reported that the Cable Access Oversight Committee is meeting at
the Time Warner studio for their regular meeting location.
TCAT
Alderperson Cogan reported that due to the high fuel prices, TCAT is $30,000 over
budget. Some of those expenses may be offset by savings in other areas. He further
reported that TCAT will be conducting a comprehensive study of its routes and is in the
process of reviewing consultant applications. TCAT is moving forward with leasing
space in the Cayuga Green development for a coffee shop, restrooms, and a waiting
area. They are considering a seven-year lease with an option to purchase and have an
March 5, 2008
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RFP out for architects to design the space. TCAT is looking to approach the Town of
Ithaca and Village of Lansing for funding contributions.
Public Art Commission
Alderperson Tomlan reported that the Public Art Commission is at full membership. The
Commission is looking at the new Cinemapolis and Green Garage areas to display
public art.
Mayor Peterson reported that Economic Development Director Phyllis DeSarno would
be returning to work at the City on March 17, 2008 and would be developing a work
plan. She further reported that a meeting had taken place with Bolton Point regarding
the environmental review for the City of Ithaca water options.
REPORT OF CITY ATTORNEY:
City Attorney Hoffman reported that there has been no new litigation brought against the
City and no settlements have been made, although a few are close to being settled. He
stated that the City received a complaint regarding discriminatory treatment and it was
found to have no basis.
MINUTES FROM PREVIOUS MEETINGS:
20.1 Approval of the February 6, 2008 Regular Common Council Meeting
Minutes – Resolution
By Alderperson Dotson: Seconded by Alderperson Zumoff
RESOLVED, That the minutes of the February 6, 2008 Regular Common Council
Meeting be approved with noted corrections, and be it further
Approval of the February 13, 2008 Special Common Council Meeting Minutes –
Resolution
RESOLVED, That the minutes of the February 13, 2008 Special Common Council
Meeting be approved with noted corrections.
Carried Unanimously
ADJOURNMENT:
On a motion the meeting adjourned at 9:40 p.m.
______________________________ _______________________________
Julie Conley Holcomb, CMC Carolyn K. Peterson,
City Clerk Mayor