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HomeMy WebLinkAboutMN-CC-1985-04-03COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 7 :30 P.M. April 3, 7.985 PRESENT: Mayor - Gutenberger Alderpersons (1Q) - Cummings, Dennis, Hai.ne, Hoffman, Holdsworth, Killeen, Myer:, ; llel erson, Roy anowski , Sch 7 ai her OTHERS PRESENT: City Attorney - Stumbar City Controller - Spano Supt. of Public Works - Dougherty Asst. to Supt. of P.W. - Priore Building Commissioner - Hoard Acting Fire Chief - Reeves Personnel Administrator - Best -Shaw Dir., Planning & Development - Van Cort Dep. Dir., Planning $ Development - Mazzarella Fire Commissioner - Anderson Pres., PBA - Petry Collegetown Developer - Travis Neighborhood Housing Service - Dylla C.D. Representatives - Goldwyn, Evans City Clerk - Rundle PLEDGE OF ALLEGIANCE: Mayor Gutenberger led all present in the Pledge of Allegiance to the American flag. MINUTES: Mar —cam, 1985 Alderperson Schlather requested correction of the spelling of the name of the Appellate Division judge in Cortland, on page 4, line 13 under Billboards from Yessowich to Yesawich. Resolution By Alderperson Romanowski: Seconded by Alderperson Haine RESOLVED, That the Minutes of the meeting of March 6, 1985 be approved as corrected. Carried Unanimously SPECIAL ORDER OF BUSINESS: Public Hearing - An ordinance amending Section 30.25 of Chapter 30 entitled 'Zoning' of the City of Ithaca Municipal Code Resolution To Open Public Hearing By Alderperson Schlather: Seconded by Alderperson Cummings RESOLVED, That the Public Hearing concerning an ordinance amending Section 30.25 of Chapter 30 entitled 'Zoning' of the City of Ithaca Municipal Code be opened. Carried Unanimously No one appeared to speak to the hearing. Resolution To Close Public [fearing By Alderperson Cummings: Seconded by Alderperson Schlather RESOLVED, That the Public Hearing concerning an ordinance amending Section 30.25 of Chapter 30 of the City of Ithaca Municipal Code be closed. Carried Unanimously Public Hearin 1985/86 Community Development Block Grant Application Resolution To Open Public Hearing By Alderperson Haine: Seconded—Fy Alderperson Myers RESOLVED, That the Public Hearing concerning the 1985/86 Community Development Block Grant Application be opened. Carried Unanimously Doug Dylla, 109 Auburn Street, addressed the Council on behalf of Ithaca Neighborhood Housing Service, thanking them for continued support of INHS and housing efforts in the neighborhoods; asking for support for the Community Development Block Grant Application; and Ili -2- April 3, 1985 requesting help in finding creative, stable resources to enable INNS to continue to serve Ithaca's housing needs independent of the shrinking federal resources. Joel Fredell, 312 Farm Street, spoke to the Council with reference to Project Growing Hope and Community Gardens, commenting that they are excited at the prospect of having a permanent site which would be made possible under the CD Block Grant: Application, but are some- what worried about the expenditure of $42,000 for a piece of land not worth that much. He said they might have to return to the City or IURA for more help in the process of getting a community garden at current standards. Resolution To Close Public Hearing By Alderperson Peterso`n Seconded RESOLVED, That the Public Hearing Grant Application be closed. by Alderperson Cummings concerning the 1985/86 CD Block Carried Unanimously ADDITIONS TO OR DELETIONS FROM THE AGENDA: Charter an Ordinance _11E ttee Alderperson Sc lat er requtbL eU addition of Item C. Ward Election Districts -- Report. No Council member objected. Planning and Development Committee Alderperson Cummings requested addition of a brief report on Neighbor- hood Civic Association Forum, and a substitute resolution for Item C. Collegetown Project Modification. No Council member objected. Human Services Committee Alderperson Hoffman noted re: then1desksRofdcouncilgmembersctual resolution had been placed on "In,) Report of Special Committees and Council Liaisons Alderperson Killeen requested addition of a brief announcement on Circle Greenway and Cornell. No Council member objected. COMMUNICATIONS: Letter from T e Reli i_ous Society of Friends City Cler Run le called attention to a letter from Elspeth L. Rhodin, Clerk of The Religious Society of Friends, copies of which were distributed to all council members. The letter was attached to a statement of principles from the Tompkins - Cortland Joint Labor Coalition. Resolution By A— erperson Dennis: Seconded by Alderperson Killeen RESOLVED, That the letter and attached resolution from Elspeth L. Rhodin be referred to the Planning and Development Committee for review. Invitation to meeting Karl F. Sc mid, 101 Brandon Place, invited the Mayor, City Council and representatives from Public Works and Planning Departments to attend a public meeting on April g islto5allow•people Sheldon Court. The purpose of the meeting East Hill neighborhoods to discuss some of their concerns, among them density, residential parking, traffic patterns, life safety, property values and communications to and from City Hall. Mr. Schmid requested the Mayor to encourage people from the various departments to attend the meeting. TOMPKINS COUNTY BOARD OF REPRESENTATIVES: Rep. Nichols reported t at t e Boar of Representatives had met that afternoon at 5:30 p.m. with the Hospital Board to discuss their offer -3- April 3, 1.985 117 to buy part of the grounds at the hospital. complex. The County Board did agree to sell them a parcel of land and t:he wing of the hospital closest to them for the sum of $150,000, and gave them t:he right of first refusal on any official purchase offer under $750,000. They do not have offers over that amount. They also agreed to include a. non - competition clause in any sale the county might make to anybody else. The Hospital Board intends to build a $3,000,000 two -story physicians office building to rel:;]ace the I) Wing and part of 1:1-,e C of the old hospital building. Community Service Restitution Program Rep. Nichols referre to the Human Service Committee resolution. asking Council to support a program that the county is just getting off the track - -the Community Service Restitution Program which is an alternative to Incarceration Service Plan. One project proposed is to expand that to weekends so that when. the judge assigns people to weekends only terms they can serve their term on the Community Service Restitution Program and not have to go to jail at all. The other part is domiciliary restriction plan similar to the one the Youth Court has in which people agree to stay in their own home under close supervision CD and the sheriff will monitor them sporadically. The draft plan is available for public comment during the entire month of April. at the 00 office of the clerk of the County Board of Representatives and at the C main desk of the Tompkins County Library. Mto COMMUNICATIONS FROM THE MAYOR: At t e request of Mayor Gutenberger, Supt. of Public Works Dougherty introduced Salvatore Priore, the newly appointed Asst. to the Supt. of Public Works, to the Council. Forest Home Drive Mayor Gutenberger reported on the results of the discussions between the City, Town and Cornell University with regard to Forest Home Drive. They asked engineers from each group to look at the drive and come up with a plan to rehabilitate it, and that was done. They recommended that approximately 1,000 feet of that road be repaired at an estimate of $165,000 to be divided three ways. The Town of Ithaca will annex that portion of the road from the town line to Triphammer. Cornell University agreed to put in $55,000 cash which should pay for the materials, and the City and Town will supply the labor and equipment. Hopefully the road will be re- opened by September of 1986. MAYOR'S APPOINTMENTS: Mayor Gutenberger requested approval of the following appointments: Commons Advisory Board: reappointment of Abdul Sheik, House of Shalimar, 171 The Commons, for a two -year term to expire December 31, 1986. Building Code Board of Appeals: appointment of Philip L. Cox, 221 Cornell Street, for a three-year term to expire December 31, 1987. Gadabout Board of Directors: appointment of Paul Mazzarella, Dep. Dir., Planning and Development, as city representative. Six Mile Creek Overseer Committee: Mayor Gutenberger designated the terms of office for this committee as indefinite. Resolution By Al erperson RESOLVED, That by the Mayor. Elaine: Seconded by Alderperson Killeen the Council approves the appointments as requested Carried Unanimously CITY ATTORNEY'S REPORT: R.H.P. Inc. City Atty. Stumbar reported that Judge Yesawich denied the application for a stay on the appeal and shortly thereafter the billboards were removed. There is still a case pending in federal court against the city which will probably be dismissed eventually. 118 -4- April 3, 1985 Zoning Violations -- illegal commercial encroachments into residential zones- -Atty. Stumbar reported that he and Building Commissioner Hoard have started a review of these and have mailed letters to persons violating the ordinance notifying them of the violation. Appropriate steps will be taken, if necessary, to correct violations. Strand_ Theatre_ Atty. Stu)iihar reported that there i s still I itigat i can going o1i . I'hcrc has been some activity with people looking at the possibility of putting something in there, but he had no official. information. CHARTER AND ORDINANCE COMMITTEE: An Or finance Amen ink Section 30.25 of the City of Ithaca Municipal Co ' By Alderperson Schlather: Seconded by Alderperson Cummings ORDINANCE NO. 85 -4 AN ORDINANCE AMENDING SECTION 30.25 OF THE CITY OF ITHACA MUNICIPAL CODE. BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, New York, as follows: SECTION 1. Amending Section 30.25 entitled "District Regulations Chart." That Section 30.25 be amended as follows: Col. 2: delete item 11 under R -3. Col. 4: delete item 7 under R -3. Col. 5: delete 'Medical or dental office' from item 3 under R -3. Col. 2: add. 13. Medical or dental office (see Sec. 30.60)' under C -SU. Col.. 4: add 13. Medical or dental office: 1 space per 250 s.f. of floor floor space' under C -SU. SECTION 2. EFFECTIVE DATE. This ordinance shall take effect immediately and in accordance with law upon publication of a notice as provided in 9 3.11(B) of the Ithaca City Charter. Discussion followed on the floor. A vote on the resolution resulted as follows: Ayes (9) - Peterson, Hoffman, Killeen, Haine, Dennis, Cummings, Myers, Romanowski, Schlather Nay (1) - Holdsworth Carried Introducing Proposed Changes to the Zoning Ordinance Amending Section 30.40 of Cha ter 30 and for Pu lic Notice of Public Hearing By Alderperson Schlather: Seconded by Alderperson Hoffman BE IT RESOLVED, That Ordinance No. 85- , entitled "An Ordinance Amending Section 30.40 of Chapter 30, Entitled 'Zoning' of the City of Ithaca Municipal Code" be, and it hereby is, introduced before the Common Council of the City of Ithaca, New York; and be it further RESOLVED, That the Common Council shall hold a public hearing in the matter of the adoption of the aforesaid ordinance to be held at the Council Chambers, NeCity flail at York Wednesday, ednesday� 8 s Green Street of Ithaca, 30 o'clock p.m.; and be it further RESOLVED, That the City Clerk give notice of such public hearing by the publication of a notice in the official newspaper,.specifying the time when and the place where such public hearing will be held, and in general terms describing the proposed ordinance. Such notice shall be published once at least fifteen days prior to the public hearing; and be it further 00 (3) -5- April. 3, 1985 1.1 11) RESOLVED, That the City Clerk shall transmit forthwith to the Board of Planning and Development and to the Tompkins County Planning Board a true and exact copy of the proposed zoning ordinance for its report thereon. ORDINANCE NO. 85- AN ORDINANCE AMLN1iING SECTION '6.li) OF CHAPTEP :�0 ENTITLED OF THE CITY OF ITHACA MUNICIPAL CODE BY DESIGNATION OF SUBDIVISION A AND ADDITION OF SUBDIVISION B ENTITLED "YARD MAINTENANCE "; AND AMENDING SECTION 30.3 BY ADDITION OF PARAGRAPH 99 TO SUBDIVISION B ENTITLED "SPECIFIC TERMS OR WORDS." BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, New York, as follows: SECTION 1. That S 30.40 entitled "General standards applying to all land uses" be and the same is ere y amended to read as follows: "A. All uses hereafter permitted shall conform to the current New York State Board of Health Requirements and to the standards listed below: 1. Noise. Noise levels at any point along the lot line of any land use shall not exceed intensities considered acceptable by the American Standards Association. Sound or noise levels deemed by the ASA standards injurious or detrimental. to adjacent land. uses MUST BE CONFINED TO THE EMITTING LAND USE. 2. Smoke. No smoke shall be emitted in violation of any provisions of this Municipal Code. 3. Odor. No odor shall be emitted in violations of any pro- visions of this Municipal Code. 4. Ash, dust, dirt. No amount of soot, cinders, dust or dirt shall be emitted in violation of any provisions of this Municipal Code. S. Glare and heat. No direct or reflected glare or heat from any source shall be detectable beyond the lot lines of.any land use. 6. Pollution. No connection with any public sewer or appurte- nance shall be made or maintained in such a manner that there may be conveyed or created any hot, suffocating, corrosive, inflammable, poisonous or explosive liquid, gas, vapor, substance or material of any kind. No wastes conveyed to or allowed to flow in and through the sewer or appurtenance shall contain materials which contain or create deposits obstructing flow in the sewer. 7. Vibration. No use shall be operated so that ground vibration is perceptible without instruments, at any point along the lot lines of such uses." "B. Yard Maintenance. All owners of occupied or vacant buildings, or vacant but previously developed lots, shall be required to comply with the following yard maintenance standards: 1. Any yard area (front, side, and rear) belonging to an occupied or vacant building, and any previously developed vacant lot, shall be cleared and maintained free of trash, solid debris, or any other material that causes litter and accumulates to unhealthy and blighting proportion. Composting of vegetation or food scraps which does not throw off any obnoxious odor shall not be prohibited by this section. 2. No grass, weeds, or vegetation whatsoever shall be permitted to grow or remain on the side, front and /or rear yards of any property 120 -6- April 3, 1985 containing an occupied or vacant building, or any previously developed parcel, to such extent as to produce an unsightly, disagreeable appearance objectionable to the neighborhood and not consistent with neighborhood standards of yard upkeep, or to throw off any obnoxious odor. Any vegetation planted for some useful or ornamental purpose shall not be governed by this requirement. :7, l:he Building Conuni.ssioner x11,111 aiol::i.fy i:he owner of t:he property in writing of any violations of this section. Such notice shall be served in person or by mail to the address appearing on the City tax roll, requiring such person within a time specified in such notice, but in no event less than five (5) days from the service or mailing thereof, to comply with this section and to cause the grass, brush, or rubbish to be cut back or removed. so as to comply with this Section. Such notice shall also state that the property owner may contest the finding of the Building Commissioner by making a written request to have a hearing on the matter to be held at the next regu- larly scheduled meeting of the Board of Public Works; this written request must be mailed and postmarked, or personally delivered to the Building Commissioner within the 5 -day compliance period; any such written request for a hearing shall automatically stay further enforce- ment concerning the alleged violation pending such hearing; the decision of the Board of Public Works, by majority vote, shall be binding, subject to any further judicial review available to either the City or the property owner. Upon the failure of such owner to comply with such notice, or alternatively request a hearing as afore- said, within the time limit stated therein, or upon a Board of Public Works determination after a hearing that a violation exists, the Building Commissioner shall refer the matter by memorandum to the Superintendent of Public Works, who shall cause such premises to be put in such condition as will comply, and shall charge the cost there- of to the owner of said premises, including a fifty percent (50a) charge for supervision and administration. The minimum charge to the property owner shall be twenty -fire dollars ($25.00). Bills rendered for such services shall be handled in the manner prescribed by Section 272.2 of the Municipal Code. 4. In cases where the Board of Zoning Appeals finds that a property is of such size or of such topographical characteristics as to make compliance with this Section impractical or a financial hardship to the owner, the Board may grant an exemption from the requirements. Similarly, if the Board finds that there exists a situation involving desirable plant species or animal habitat deemed worthy of preserving, it may grant an exception from the requirements." SECTION 2. That g 30.3 entitled "Definitions," be and it is hereby amended to add a new Subdivision 99 entitled "Previously developed vacant lot or parcel ": 1199. Previously developed vacant lot or parcel: A lot or parcel of land upon which one or more buildings have been erected at some time in the past, but upon which no buildings now stand." SECTION 3. EFFECTIVE DATE. This ordinance shall take effect immediately and in accordance with law upon publication of a notice as provided in 9 3.11(B) of the Ithaca City Charter. Discussion followed on the floor. A vote on the resolution resulted as follows: Carried Unanimously curnp Election Districts Alderperson Schlather reported that during the last voter registration drives so many voters were registered that we now have to create more election districts. The law states that we may not have more than 950 voters in any election district which has two voting machines and no more than 800 voters in any district having only one machine. We have a number of districts where the voter registration is in excess of the numbers allotted by law; therefore, we must either create new election districts within the wards, or redraw the election districts. -7- April. 3, 1985 121 Different districts can be allowed to vote at the same location. Mr. Schlather requested the alderpersons from each ward to recommend at the next meeting what they believe the new districts should be because the Board of Elections needs this information by early May so that it may have the boundaries drawn and polling districts designated in time for the fall elections. PLANNING AND DEVELOPMENT C:OMIITTEE. Yout Bureau Building Al erperson Cummings reported that both the Planning and Development and Budget and Administration Committees have reviewed the plans for the Youth Bureau building and no action was taken. Deferral of a (600.11 month was granted while recommendation is being made that the plans go back to the architect for further work with assistance from an engineer. They expect to have more solid figures to present next month. Community Development Application By rperson Cummings: Seconded by Alderperson Dennis WHEREAS, Common Council recognizes the need to continue efforts which (_D enhance and preserve residential neighborhoods, promote job creation and retention, and improve community facilities, and WHEREAS, the Planning and Development Committee has reviewed the proposed Community Development Block Grant Application as adopted by the Ithaca Urban Renewal Agency /Community Development Agency and < endorsed by the Planning and Development Board and the Planning and Development Committee of Common Council; now, therefore, be it RESOLVED, That the Common Council approve the 1985/86 Community Development Block Grant Small Cities budget and programs as recom- mended by the Ithaca Urban Renewal Agency /Community Development Agency, and be it further RESOLVED, That the Mayor be and hereby is authorized and directed to sign upon advice of the City Attorney and the Director of Planning and Development any and all instruments necessary to submit the City's 1985/86 Community Development application to the United States Department of Housing and Urban Development. Discussion followed on the floor. A vote on the resolution resulted as follows: Ayes (9) - Peterson, Killeen, Haine, Dennis, Holdsworth, Cummings, Myers, Romanowski, Schlather Nay (1) - Hoffman Carried Recess Common Council recessed at 9:30 p.m. and reconvened in regular session at 9:40 p.m. Collegetown Project Modification - Substitute Resolution By Alderperson Cummings: Seconded by Alderperson Haine WHEREAS, the City of Ithaca has established a program for the re- development of Collegetown which includes the provision of parking, housing, street improvements and sidewalk improvements; and WHEREAS, the City of Ithaca and Eddygate Park Associates have entered into a Development Agreement which specifies the terms of an agree- ment between the two parties for the sale of air rights, the con- struction of a parking facility and housing, the use of Housing Development Grant funds and other rights and responsibilities of each party; and WHEREAS, Eddygate Park Associates has applied for long -term financing for the Eddygate Park Apartments from the New York State Housing Finance Agency and the Federal National Mortgage Association; and WHEREAS, the Federal National Mortgage Association has required that as a condition for the approval of the financing package, long -term 122 -8- April 3, 1.985 parking for the tenants of the Eddygate Park Apartments must be provided on the project site; and permission from the in the parking facility Eddygate Park it WHEREAS, Eddygate Park Associates has requested City of Ithaca to construct additional parking which will by . b designated clVe1 e Associates be RESOLVED, That the City of Ithaca hereby approves the request of Eddygate Park Associates to build additional parking in the Dryden Road parking facility for the use of Eddygate Park Associates or their lessees, if Eddygate Park Associates' financing sources require it subject to the following conditions: A)' Eddygate Park Associates shall compensate the City for the right to build the additional parking in an amount that is proportionally equal to the amount paid to the City for the air rights to construct the apartments. The proportion shall be based on the volume of space required to build both the apartments and the additional parking, with the cost per cubic foot of the space required to U tments determining the cost per cubic foot of the build t e agar space for the additional parking. Associates shall pay the entire cost of constructing parking, including planning and design costs ad costs that may be incurred in the Cit s portion as a result of this addition. B) Eddygate Park the additional any additional of the project C) Eddygate Park Associates shall pay to the City an annual mainten- ance fee that equitably compensates the City for costs that are incurred in the City's portion of the parking facility as a. result of activities associated with Eddygate Park Associates' portion of the parking facility; and be it further RESOLVED, That the City Attorney is authorized to prepare amendments to the Development Agreement, Mortgage, Note, and Housing Developmen Grant Agreement that reflect these changes and that the Mayor is authorized and directed to sign the amendments to said documents. Discussion followed on the floor. Amending Resolution By Al erperson Killeen: Seconded by Alderperson Haine The RESOLVED, That the project modification include condition "D) City shall have the right of first refusal to purchase the additional parking from the developer if said parking is sought to be severed from the apartment parcel and sold separately by the owner or a future owner and provided further that such right of first refusal is acceptable to the developer's mortgagee." Carried Unanimously Further discussion followed. A vote on the Main motion as amended resulted as follows: Ayes (9 ) - Nay (1) - Peterson, Cummings, Schlather Hoffman, Killeen, Haine, Dennis, Holdsworth, Myers, Romanowski Carried Alternate Side Parking S By Alderperson Cummings: Seconded by Alderperson Haine WHEREAS, concerns have continually been expressed by the residents of the City of Ithaca about eetthe advisability of retaining the present alternate side of the parking and WHEREAS, it s recognize maintenancce conditions publicrelating safetyoarehousing, continually on- street parking, changing in the City of Ithaca; and IVHFRF,AS, alternatives to the present alternate side of the street parking rules have been employed successfully in other cities; now therefore, be it April 3, 1985 123 RESOLVED, That the Mayor is requested to appoint an ad hoc committee to study the parking needs of the City and. make recommendations concerning the present on- street parking regulations and alternatives to that system, and be it further RESOLVED, That said ad hoc committee shall report its findings to the Board of Public Works and the Common Council at the earliest' possible date. Discussion followed on the floor. Coe A vote on the resolution resulted as follows: Ayes (7) - Peterson, Hoffman, Killeen, Ha.ine, Dennis, Cummings, Myers Nays (3) - Holdsworth, Romanowski, Schlather Carried Department of Social Services Location By Alderperson Cummings: Seconded y Alderperson Killeen WHEREAS, Common Council previously expressed its concern about a possible decision by Tompkins County to move the offices of the Department of Social Services (DSS) to a new location outside the City of Ithaca in a resolution dated February 2, 1983, which carried unanimously; and M WHEREAS, Common Council continues to believe that moving the Depart- ment of Social Services away from its present central location in the City of Ithaca will create severe hardships for the clients of the Department of Social Services due to the increased travel time that will be needed to reach the DSS offices, the reduced availability and frequency of public transportation serving outlying sites and the isolation of outlying sites from other services, businesses and cultural resources; now, therefore, be it RESOLVED, That Common Council hereby reaffirms its resolution of (600" 1 February 2, 1983, and be it further RESOLVED, That Common Council does hereby respectfully urge the Tompkins County Board of Representatives to keep the offices of the Department of Social Services in or near their present location in downtown Ithaca, and be it further RESOLVED, That the City Clerk is directed to convey this resolution to each member of the Tompkins County Board of Representatives, with specific notification of the action of the Common Council to the five representatives of the City of Ithaca. Discussion followed on the floor. A vote on the resolution resulted as follows: Carried Unanimously Planning and Development Department Work Plan Alderperson Cummings reported that t e Planning and Development Board has reviewed the Planning & Development Work Plan and referred it to the Committee. Copies are available for review from Director Van Cort. (Woo"' Zoning Amendment Process Alderperson Cummings reported that there has been a preliminary review of a routing sheet devised to tell where zoning changes are at all times. The plan will be approved by committee and brought to Council for endorsement. Lower South Hill Zoning Request Alderperson Cummings reporte that residents in the 200 block of Pleasant Street have requested to have both sides of the street zoned the same (R -2) and are working with the neighborhood planner -on the matter. Neighborhood Civic Association Meeting Alderperson Cummings reported that the Civic Associations had met 124 -10- April 3, 1985 in the Council Chambers a couple of weeks before. They indicated they would like the groups to get together quarterly in City Hall to meet with each. other and exchange information. Their long -range goal is to figure out a formal input process for neighborhood civic groups. HUMAN )I RVI CES COMMITTEE: Commu . nity Service Restitution Program By Al erperson Hoffman: Seconded y Alderperson Schlather WHEREAS, the Tompkins County Probation Department has established a Community Service Restitution Program to provide an alternative to incarceration, requiring low -risk offenders to perform useful service for the community, and alleviating overcrowding at the county jail; a WHEREAS, the City of Ithaca can increase the effectiveness of this program by agreeing to participate and to consider placement of offenders under supervision of City departments; and WHEREAS, Tompkins County has agreed to assume all liability for any offenders placed under City supervision, and to reimburse the City for any additional workers' compensation costs; now, therefore, be it RESOLVED, That Common Council hereby endorses City participation in the Community Service Restitution Program; and be it further RESOLVED, That Common Council authorizes the Mayor to sign an agree- ment with Tompkins County that formalizes City participation and stipulates County assumption of liability and reimbursement by the County of additional City workers' compensation costs. Such agreement shall include no fee on the part of the City, and shall be subject to approval as to form by the City Attorney; and be it further RESOLVED, That all City department heads are encouraged to explore the possibility of accepting appropriate offender placements within their departments, and that initial referrals and financial record - keeping be handled by the City Personnel Department; and be it furthe RESQLyLD; That n9_:ge.rs_on placed _thr_ough_ the Community Service Restitu ;tien Program shall be used in such a manner as to replace a permanent City employee or to reduce the regular hours of a pe'rmanent City em- ployee; and he it further RESOLVED, That City participation in the Community Service Restitution Program shall be reviewed and evaluated by the Human Services Committee before Dec. 31, 1985, and a report recommending continuation, modification, or discontinuation shall be made to Common Council. Discussion followed on the floor. A vote on the resolution resulted as follows: Ayes (9) - Peterson, Hoffman, Myers, Romanowski, Nay (1) - Cummings 1986 Revenue Sharing Application By Alderperson Hoffman: Seconded WHEREAS, the City of Ithaca may be its 1986 Revenue Sharing funds for human service agencies, and I- Killeen, Haine, Dennis, Holdsworth, Schlather Carried by Alderperson Myers able to appropriate a portion of support of activities of local WHEREAS, the Human Services Coalition is funded in part by the City of Ithaca to provide an objective overview of human services needs and provision, and to evaluate requests for City support; now, there- fore be it RESOLVED, That the City of Ithaca hereby establishes June 15, 1985 as the deadline for receipt of applications from any community agency or group that wishes to apply for 1986 Revenue Sharing funds from the City of Ithaca; and be it further RESOLVED, That all applications for 1986 City of Ithaca Revenue Sharing funds shall he received and evaluated by the Iluman Services Coalition, which shall report its findings to the Iluman Services Committee of Common Council by August 15, 1985; and he it further -11 -_ April. 3, 1985 125 RESOLVED, That the following criteria shall be used by the Coalition in its review of reauests: A -1 The proposal must meet all federal. revenue sharing requirements. A -2 The applicant must complete the Human Services Coalition revj.ew. B. The Coalition shall award po.inis, for the degree to which the proposal meets the following r i 1: c:i °ia, on a scale of l to ! , 5 being the most desirable rating, for each criterion; if cant appl.j_- cant does not supply sufficient information for Coalition to make a judgment, proposal receives zero points in each such case. -1 Agency will serve City residents at least in proportion of Revenue Sharing funding requested compared to total program budget; budgets for 1985 and 1986 ' and financial reports for 1983 and 1984 should be submitted with application; other funding sources sought for 1986 should be enumerated. -2 The proposal will serve an identifiable need-which does not duplicate another service, CD -3 The proposal will result in a direct savings to the City in its 00 implementation; specify a dollar amount if possible. G) r1l -4 The proposal is designed to effectively meet the needs of its [j clients; proposal includes measurable objectives. -5 Applicant's agency demonstrates sound management practices. -6 Population to be served by proposal can be shown to be a popu- lation in financial need. -7 Agency has thoroughly sought other sources of funding. -8 Smaller amount requests to be favored under the point system: $2000 or less = 5 points $2001 -5000 = 3 points $5001 - 10,000 = 1 point over $10,000 = 0 points and be it further RESOLVED, That the HumanlServices Coalition shall review all pro- posals that meet Criteria A -1 and A -2 (above), may comment on the requested dollar amount and may recommend funding at a lower amount, and shall inform the applicant of the Coalition's recommendation and make a copy of such report available to the applicant. Discussion followed on the floor. A vote on the resolution resulted as follows: Ayes (9) - Peterson, Hoffman, Killeen, Haine, Dennis, Holdsworth, Myers, Romanowski, Schlather Nay (1) - Cummings Carried Road Salting By Alderperson Hoffman: Seconded by Alderperson Peterson WHEREAS, the City of Ithaca adopted a minimal road salting policy in 1976 and identified which locations to be treated with salt on a priority basis, and WHEREAS, members of Common Council have received numerous complaints about the amount of road salt used this winter season and the time and location of the application of the salt, and WHEREAS, the Human Services Committee has recommended that the salting policy and actual practices of the City should be reviewed; now, therefore, be it RESOLVED, That the Human Services Committee be authorized to forward a letter of concern about road salting to the Board of Public Works and Superintendent Dougherty, and be it further 126 -12- April 3, 1985 RESOLVED, That the Board of Public Works and the Conservation Advisory Council be and they hereby are requested to review the existing road salting policy and make final recommendations to the Board of Public Works for modification of the same as appropriate for the 1985 -1986 winter season. Discussion followed on the floor. A vote on the resolution .resulted as follows: Ayes (9) - Peterson, Hoffman, Killeen, Haine, Dennis, Myers, Romanowski, Schlather, Cummings Nay (1) - Holdsworth Carried BUDGET AND ADMINISTRATION COMMITTEE: Energy Improvement Fun s By Alderperson Dennis: Seconded by Alderperson Killeen WHEREAS, an investigation has been conducted into the purchase and installation of a domestic hot water heater for the Central Fire Station, and WHEREAS, an annual power savings of $1,560 has been estimated, and WHEREAS, this project has been endorsed by the Energy Commission and the Board of Fire Commissioners; now, therefore, be it RESOLVED, That this Common Council approves the release of funds in an amount not to exceed $4,500, from Capital Reserve No. 24 - Energy Program Improvements, for the purchase and installation of a domestic hot water heater at Central Fire Station. Carried Unanimously 1984 Finance Department Annual Report By Alderperson Dennis: Seconded by Alderperson Schlather RESOLVED, That this Common Council acknowledges the receipt of the 1984 Finance Department Annual Report. Carried Unanimously Audit By Alderperson Dennis: Seconded by Alderperson Killeen RESOLVED, That the bills audited and approved by the Budget and Administration Committee, in the total amount of $7,481.27, as listed on Audit Abstract #6/1985, be approved for payment. Carried Unanimously Asst. to Supt. of Public Works Appointment By Alderperson Dennis: Sect by Alderperson Killeen RESOLVED, That Salvatore Priore be provisionally appointed to the position of Assistant to the Superintendent of Public Works, at an annual salary of $29,962 for the year 1985, effective March 25, 1985, as recommended by the Board of Public Works. Discussion followed on the floor. A vote on the resolution resulted as follows: Ayes (9) - Nay (1) - Peterson, Cummings, Schlather Hoffman, Killeen, Haine, Dennis, Holdsworth, Myers, Romanowski Carried Asst to Supt. of Public Works Movin Expenses By Alderperson Dennis: Seconde y Alderperson Haine RESOLVED, That an amount not to exceed $-580 be authorized for reim- bursement of moving expenses for the newly appointed Assistant to the Superintendent of Public Works, as recommended by the Board of Public Works. Carried Unanimously C.S.E.A. - Administrative Unit Contract By Alderperson Dennis: Secon e y Al erperson Schlather RESOLVED, That the Agreement between the City of Ithaca and the Ithaca -13- , April, 3, 1.985 4 •. 1 Unit of the Civil Service Employees Association, Inc. - Administra- tive Unit, for the year 1985, effective with I -Ile first payroll period of 1985, be approved as recommended by the City's Negotiator, and that the Mayor and City Clerk be authorized and directed 1:o sign and execute the contract on behalf of the City under its corporate seal. Carried. Onanimously Compensation for Employees Not Covered by Contract By Alderperson Dennis: Seconded by Alderperson Myers RESOLVED, That all City employees not covered by a formal contract, excluding positions designated as management, be granted increases for the year 1985, effective with the first payroll period of 1.985, and fringe benefits in accordance with the following: Positions designated as confidential and the unrepresented titles of Administrative Assistant to the Mayor, Admini- strative Secretaries, Golf Course Manager and Civil Service Secretary, shall be treated as if they were members of the C.S.E.A. - Administrative Unit. Carried Unanimously Senior Clerk Position By Alderperson Dennis: Seconded by Alderperson Schlather WHEREAS, the Finance Department has reviewed and updated the job {; description of the position of Account Clerk /Typist, and WHEREAS, the Civil Service Commission has reviewed and approved the Position Duty Statement concerning the expanded duties of Account Clerk /Typist to be appropriate for the title of Senior Clerk; now, therefore, be it RESOLVED, That Sandra Ryan be provisionally promoted to the title of Senior Clerk, with an annual salary of $9,104, that being Step 1 of the 1985 C.S.E.A. - Administrative Unit Compensation Plan, effective April 22, 1985, and be it further RESOLVED, That the Civil Service Secretary be requested to call for a promotional examination. Bond Anticipation Note A Resolution Providing for the Consolidation and Details of $476,510 Serial Bonds of the City of Ithaca, Tompkins County, New York, in Connection With Various City Purposes. By Alderperson Dennis: Seconded by Alderperson Schlather BE IT RESOLVED, by the Common Council of the City of Ithaca, Tompkins County, New York, as follows: Section 1. Of the $389,013 serial bonds authorized by bond resolu- tion dated October 5, 1983, for the reconstruction of a portion of Floral Avenue, including the resurfacing thereof, realignment and alteration of the grading of said street, the purchase of installa- tion of new curbing and storm sewers and water lines where necessary, in and for the City of Ithaca, Tompkins County, New York, there shall be issued and sold $311,210 serial bonds which shall mature $31,121 on July 1 in each of the years 1985 to 1994, both inclusive, and shall be consolidated with other issues of bonds as hereinafter authorized. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is fifteen years, pursuant to subdivision 20(c) of paragraph a of Section 11.00 of the Local Finance I,aw, computed from October 6, 1983, the date of the first bond antici- pation note issued therefor. It is hereby further determined that the sum of $77,803, from a source other than the proceeds of bonds or bond anticipation notes, was used on October 6, 1984, to partially reduce outstanding bond anticipation notes of said City for such purpose. Section 2. Of the $526,500 serial bonds authorized by bond resolution crated May 2, 1979, for the reconstruction of streets in and for the City of Ithaca, Tompkins County, New York, including the 200 blocks of North Tioga Street, the 100 and 200 blocks of North Aurora Street 12 -14 - April 3, 1985 and the 300 blocks of East State Street, such reconstruction to in- clude curbs, gutters, sidewalks, drainage, landscaping and grading and improvement of the right -of -way and other incidental improvements in. connection therewith, there shall be issued and sold $105,300 serial bonds which shall mature $10,530 on July 1 in each of the years 1985 to 1994, both inclusive, and shall be consolidated with other issues of bonds as hereinafter authorized. It. is hereby determined that the period of p.r,,.>bable usefulness :)f thc� aforesaid c 1a:.s of objcc.i:s oi- purposes is fifteen years, pursuant to subdivision 20(d) of paragraph a of Section 11.00 of the Local Finance Law, computed from July 1.0, 1979, the date of the first bond anticipation note issues therefor. It is hereby further determined that the sum of $105,300, from a sour( other than the proceeds of bonds or bond anticipation notes, was used' on July 10, 1981, July 10, 1982, July 10, 1983, and July 10, 1984, to partially reduce outstanding bond anticipation notes of said City for such purpose. Section 3. Of the $205,000 serial. bonds authorized by bond resolution ated May 2, 1979, for the reconstruction of the Green Street Parking Ramp located in the 100 blocks of East Green Street, including inci- dental expenses in connection therewith) there shall be issued and sold $41,000 serial bonds which shall mature $4,100 on July 1 in each. of the years 1985 to 1994, both inclusive, and shall be consolidated with other issues of bonds as hereinafter authorized. Its hereby deter fined that the period of probable usefulness of ai hP or purpose is twenty years, pursuant to subdivision 12(a) (1) of para- graph a of Section 11.00 of the Local Finance Law, computed from July 10, 1979, the date of the first bond anticipation note issued therefor. It is hereby further determined that the sum of $41,000, from a source other than the proceeds of bonds or bond anticipation notes, was used on July lly 10, 1981, July 10, 1982, July 1 , reduce outstanding bond anticipation notes of said City for such purpose. Section 4. Of the $95,000 serial bonds authorized by bond resolution ated May 2, 1979, for the original improvement and embellishment of Cass Park in and for the City of Ithaca, Tompkins County, New York, is eluding the installation of ball field lighting, there shall be issue and sold $19,000 serial bonds which shall mature $1,900 on July 1 in each of the years 1985 to 1994, both inclusive, and shall be consolidated with other issues of bonds as hereinafter authorized. It is hereby de- termined that the period of probable usefulness of the aforesaid specific object or purpose is fifteen years, pursuant to subdivision 19(c) of paragraph a of Section 11.00 of the Local Finance Law, computed from July 10, 1979, the date of the first bond anticipation note issued therefor. It is hereby further determined that the sum of $19,000, from a source other than the proceeds of bonds or bond anticipation notes, was used on July 10, 1981, July 10, 1982, July 10, 1983, and July 10, 1984, to partially reduce outstanding bond anticipation notes of said City for such purpose. Section S. The serial bonds described in the preceding sections here- ZT-s-IT-all be consolidated for purposes of sale into one bond issue in the aggregate principal amount of $476,510, which shall be issued in the form of a single registered typewritten statutory installment bond, to be designated substantially CITY PURPOSES (SERIAL) BOND, 1985. Said bond shall be dated April 1, 1985, shall be in the denomination of $476,510, shall provide for the payment of such principal sum July 1 $476,510 in ten equal annual installments, payable , in each of the years 1985 to 1994, both inclusive, shall bear interes' at the rate of eight and thirty hundredths per centum (8.300) per annum, payable July 1, 1985, and semi- annually thereafter on January and July 1. Both principal of and interest on such statutory install nt bond will be payable in lawful money of the United States of America at Tompkins County Trust Company, in Ithaca, New York. Such statutory installment bond shall be signed in the name of said City of Ithaca, Tompkins County, New York, by its City Controller, sealed with its corporate seal, and attested by its City Clerk. Section 6. All other matters, except as provided herein relating to suci statutory installment bond, shall be determined by the City Con- troller of said City. Section 7. The faith and credit of said City 01 Ithaca, Tompkins County, -15- April. 3, 1985 �jQ New York, are hereby irrevocably pledged to t:he payment of the principal of and interest on such bond as the same respectively be- come due and payable. An annual appropriation shall. be made in each year sufficient to pay the principal, of and interest on such bonds becoming due and payable in such year, There shall, annually be levied on all the taxable real property of said City, a tax sufficient to pay the principal of and interest �,,o �.i)c'h bonds as the game become due anti ; ay,, ti l c Section 8. Pursuant to the provisions of paragraph b of Section 3.00 of the Local Finance Law, as last amended, said statutory installment bond is hereby sold at private sale to the Tompkins County Trust Company, in Ithaca, New York, at par and accrued interest, if any, it being hereby determined that the total amount of bonds sold by said City at private sale in accordance with the provisions of said paragraph b of Section 63.00 of the Local Finance Law for its current fiscal year, including the statutory installment bond. herein authorized, is not in excess of $500,000. The receipt of the City Controller shall be a full acquittance to the purchaser of such statutory installment bond, who shall not be obliged to see to the application of the E(.► purchase money. Section 9. This resolution shall take effect immediately. The question of the adoption of the foregoing resolution was duly put t� to a vote on roll call, which resulted as follows: Haine Aye Killeen Aye Cummings Aye Holdsworth Aye Dennis Aye Hoffman Aye Peterson Aye Romanowski Aye Schlather Aye Myers Aye Carried Unanimously Dept. of Public Works Personnel Roster By Alderperson Dennis: Seconded y Alderperson Killeen RESOLVED, That the 1985 Personnel Roster of the Department of Public Works be amended, as requested by the Board of Public Works, as follows: Add: 1 - Meter Repairer (40 Hrs.) Add: 4 - P/T Parking Meter Checker (19 firs.) be it further RESOLVED, That the Parking Meter Checker position be placed on Grade 22 of the 1985 D.P.W. Unit Compensation Plan, with a salary range of $4.60 /hr. - $5.38/hr., and the Meter Repairer be placed on Grade 25 of the 1985 D.P.W. Unit Compensation Plan, with a salary range of $5.14 /hr. - $6.01 /hr. Discussion followed on the floor. A vote on the resolution resulted as follows: Carried Unanimously Exempt Property By Alderperson Dennis: Seconded by Alderperson Killeen WHEREAS, a Bill has been introduced in the 1985 Legislature that (4000e would permit notice to be published in the newspaper stating that the list of exempt property in the City is on file in the Office of the City Clerk and available for inspection, and WH REAS, the Conference of Mayors has considered this Bill and recommends that it be enacted into law; now, therefore, be it RESOLVED, That the Common Council of the City of Ithaca, urges Senator Warren M. Anderson, Senator Manfred Ohrenstein, Assemblyman Stanley Fink, Assemblyman Daniel B. ]Walsh, Assemblyman Clarence D. Rappleyea, Governor Mario M. Cuomo and Donald A. Walsh, General Counsel, New York State Conference of Mayors, to support Bills No. A. 2789/S. 1979, and be it further 130 -16- April 3, 7.985 RESOLVED, That the City Clerk cause certi.ficd copies to be forwarded to the above named New York State Legislators, Governor Cuomo and the General Counsel for New York State Conference of Mayors. Carried Unanimously Health Insurance By A1derl7nrson Dennis, Seconded Al derperson Myers RESOLVED, That the Agreement between the ( ;i.ty of Ithaca anal Third Party Claims Administrator of Elmira, New York (TPCA), for claims processing services and administration, be approved for a period of two years (May 1, 1985 through April. 30, 1987), at an estimated annua cost of $23,000, based on $4.00 per person per month, and an estimate annual cost of $4,000 for the prescription drug program, and be it further RESOLVED, That the Mayor be authorized to sign such Agreement on behalf of the City, subject to the review of the City Attorney as to form and content. Discussion followed on the floor. A vote on the resolution resulted as follows: Carried Unanimously REPORT OF SPECIAL COMMITTEES AND COUNCIL LIAISONS: Circle Greenway Liaison Killeen announced that the Circle Greenway and Cornell Plantations are sponsoring a "Town and Gown Wildflower Day" on April 27, 1985. There will be talks and walks at Cornell`s Mundy Wildflower Garden in the morning, demonstrations and walks in Six Mile Gorge Wildflower Preserve in the afternoon. Everyone is invited. Six Mile Creek Overseer Committee Liaison Peterson called attention to a Report which had been dis- tributed to all Council members, asking them to read it and in- forming them that a complete report will be submitted soon. ADJOURNMENT: On a motion the meeting adjourned at 11:17 p.m. 4 ep A. Rundle, City Clerk r John C . Gut'en erger -; Mayor . r