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HomeMy WebLinkAboutMN-CC-1985-12-04COMMON COUNCIL PROCEEDINGS 267 CITY OF ITHACA, NEW YORK Regular Meeting 7:30 P.M. December 4, 1985 PRESENT: Mayor - Gutenberger Alderpersons - Cummings, Dennis, Haine, Hoffman, Holdsworth, Killeen, Myers, Peterson, Romanowski, Schlather OTHERS PRESENT: City Attorney - Stumbar City Controller - Spano (60101 Dep. City Controller - Cafferillo Dep. City Clerk - Paolangeli Dir., Youth Bureau - Cutia Dir., Planning & Development -• Van Cort Personnel Administrator - Best -Shaw Planner - Lazarski C.C. Elect - Lytel Purchasing Agent - Clynes Building Commissioner - Hoard Fire Chief - Olmstead CO PLEDGE OF ALLEGIANCE: Mayor Guten erger led all present in the Pledge of Allegiance to (� the American flag. 1 �y� MINUTES: By Alderperson Schlather: Seconded by Alderperson Peterson RESOLVED, That the Minutes of the meeting of November 6, 1985 be approved as published. Carried Unanimously SPECIAL ORDER OF BUSINESS: ..... - Public Hearing on the Use of Revenue Sharing Funds as it Relates to t e Total 198b Budget Resolution To Open Public Hearin By Alderperson Killeen: Second-e7 Second-e7 by Alderperson Holdsworth RESOLVED, That the Public Hearing on the Use of Revenue Sharing Funds be opened. Carried Unanimously Mary Louise Snedeker, Community Services Director of Tompkins County Economic Opportunity Corporation, asked the Council to consider restoring the $2,500 which was cut by the Budget $ Administration Committee at its meeting on Monday evening. She said without the $23%500 they will be cut down on their ability to hire a second person. They will look into other towns for additional funding but it is rather late for the 1986 budget. Resolution To Close Public Hearin By Alderperson Dennis: Seconded y Alderperson Peterson RESOLVED, That the Public Hearing on the Use of Revenue Sharing Funds be closed. No one appeared to speak to the hearing. Resolution To Close Public Hearing By Alderperson Sc— ilatSer: Seconded by Alderperson Hoffman RESOLVED, That the Public Hearing to consider Proposed Changes to the Zoning Ordinance be closed. Carried Unanimously Public Hearin - Proposed Changes to Carried Unanimously the Zoning Ordinance Amending Zoning Map and Section 30.25 of Chapter 30, of the City of It_aca_ Municipal Code. (woe, Resolution To Open By Alderperson Public Romanows is Hearin] Seconded by Alderperson Holdsworth RESOLVED, That the Public Hearing to consider Proposed Changes to the Zoning Ordinance be opened. Carried Unanimously No one appeared to speak to the hearing. Resolution To Close Public Hearing By Alderperson Sc— ilatSer: Seconded by Alderperson Hoffman RESOLVED, That the Public Hearing to consider Proposed Changes to the Zoning Ordinance be closed. Carried Unanimously 268 -Z- December 41 1985 ADDITIONS TO OR DELETIONS FROM THE AGENDA: Unfinished Business AI erperson Hoffman requested the addition of one item, a proposed resolution reaffirming our support for locating the Department of Social Services in a downtown location. No Council person objected. Budget and Administration Committee Al erperson Dennis requested the a dition of Item N, Amendment of the 1985 Equipment List for Finance Department to include conversion of a typewriter to a printer. No Council person objected. New Business Alderpers`on Holdsworth requested the addition of Amendment to C.A.B. Regulations for Pushcarts. No Council person objected. Planning $ Development Committee Al erperson Cummings requestecT the addition of Item C, Repair and Maintenance of Stewart Avenue -- Resolution. No Council person objected. Charter and Ordinance Committee Al erperson Sc lat er note t at the resolution concerning Speed Limits - Central School Area, had been placed on the table. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: Tourism Council of Chamber of Commerce Ken Wallcer, 430 Richard Place, asked the Council to reconsider the request for an increase from $14,000 to $1fi0'00 by the Tourism Counci of Tompkins County Chamber of Commerce which is expanding the tourism role. Amnesty International Petition on Convention Against Torture' Harvey Fireside ' Coor inator o Soviet Cases for Amnesty, 105 Valentine Place, and Derothy Pomponio, Chairman, Amnesty A nternational in Ithaca, 117 Stewart Avenue, spoke to the Council requesting them to appeal to President Reagan to do everything possible to move along adoption of an International Convention Against Torture being prepared by the United Nations. COMMUNICATIONS FROM THE MAYOR: NYSEG Lan Mayor Gutenberger informed the Council he received back the signed purchase offer which the City made to NYSEG for the land next to Rte. 13 for another industrial park. They must still have PSC approval for sale of the land to the City. January Meetings Mayor Gutenberger informed the Council that the Council will meet on January 1, 1986 at 11:00 a.m. for dismissal of those members leaving Council and to swear in the new office holders. The following Wednesday will be the Regular meeting of the Council. ' Mayor Gutenberger requested, during recess, all of the Council to get together for some pictures to be taken. 1986 Budget Mayor Gutenberger expressed thanks to the members of the Finance Department and the Budget and Administration Committee for their work on the 1986 Budget. Mayor Gutenberger commented.that he accepts and supports the changes made to the Executive Budget with a few recommendations. He is opposed to the recommendation of the Budget & Administration Committee as it relates to the Chamber of Commerce request. -3- December 4, 1985��� CITY ATTORNEY'S REPORT: Fu—'sh Cart Litigation City Attorney Stum ar reported that the Healey suit had terminated successfully as far as the City is concerned. The plaintiff dropped the suit and issued a general release to the City without any compensa- tion or consideration. He said the Commons Advisory Board are review- ing all the questions of permits at this time, particularly concerning hot dog vending, and are working on setting up some more liberalized rules concerning holdovers for permits as well as a change in location. Nosanchuk Lawsuit City Attorney Stumbar reported that the Nosanchuk litigation had been settled by the insurance company for a very nominal amount. The Nosanchuk's main concern was making the area of the reservoir as safe as possible. Cornell Heights Litigation City Attorney Stum ar reported that bo�Gh the City and Cornell University had been given leave to appeal on motion to the Court of Appeals so-it looks as though there will be another round of appeals in that case. CSC 00 BUDGET AND ADMINISTRATION COMMITTEE: Sidewalk Assessment 0) By Alderperson Dennis: Seconded by Alderperson Schlather �.� WHEREAS, the Board of Public Works levied sidewalk assessments on M October 23, 1985, for the construction of sidewalks at various loca- <C tions in the City of Ithaca, and WHEREAS, a Public Hearing thereon was held by said Board on November 13, 1985, and WHEREAS, on November 13, 1985, said Board approved said assessments and filed a schedule thereof with the Common Council for confirmation and final approval; now, therefore, be it RESOLVED, That said assessments, in the total amount of $2,476.70, be, and the same is, hereby approved and confirmed, and be it further RESOLVED, That the City Clerk be, and hereby is, directed to prepare a warrant on the City Chamberlain, in accordance with such schedule, for the collection of said assessments; and that the Mayor and City Clerk be authorized to sign and execute such warrant, whereupon all such assessments will become due and payable from the date of execution there of; and on all such assessments or portions thereof remaining unpaid after the expiration of six months from the date of such warrant, the City Chamberlain shall add and collect the percentage thereon, at the rate of 10% per annum, except and provided, however, that the City Chamberlain may allow persons to pay their assessments, if the aggregate amount exceeds $100, in five equal installments, with interest at 10 %, on or about June 1 each year, provided, however, that any person desiring to pay by installments shall make application promptly, in writing, to the City Chamberlain; and all properties having such assessments or portions thereof of installment payments in arrears and remaining unpaid at the close of any City Tax collection period shall be included by the City Chamberlain in a subsequent City Tax Sale, held in November each year following such City Tax collection period; and such property shall be sold for any unpaid assessments or portion thereof or any unpaid installment payments, together with the outstand- ing balance of such installment payments, together with all interest, (400011 fees and penalties that may be accrued. Carried Unanimously Mental Health Agreement By Alderperson Dennis: Seconded by Alderperson Schlather RESOLVED, That Mayor John C. Gutenberger be, and is, hereby authorized and directed to execute an agreement with the Tompkins County Mental Health Services Board for the year 1986, to provide a four -week Summer Day Camp Program to provide mentally retarded /developmentally disabled children of the residents of the County of Tompkins, and others, personal enjoyment and fun during the camp session, to teach recrea- tional activities that the campers might participate in upon completion of the campin,; season, which will he desir,ible <ind beneficial to such 270 -4- December 4, 1985 residents, to provide recreational leisure time activities to mentally retarded /developmentally disabled adults during times when regular services are not operating, so as to provide opportunities for increased socialization experience, to improve overall physical condi- tion and general health, and to provide experience which will promote personal feelings of success, selfworth, accomplishment and achieve- ment, for a fee not to exceed $59,028, and be it further RESOLVED, That this resolution shall take effect January 1, 1986. Carried Unanimously Senior Clerk Promotion By Al erperson Dennis: Seconded by Alderperson Schlather WHEREAS, the Finance Department has reviewed and updated the job des- cription of the position of one 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, and WHEREAS, Ms. Sandra Ryan, the incumbent Account Clerk /Typist has passed the required Civil. Service testing and is qualified to fill the position of Senior Clerk; now, therefore, be it RESOLVED, That the position of Account Clerk /Typist, in the Finance Department, be designated as Senior Clerk, and be it further. RESOLVED, That Ms. Sandra Ryan be promoted. to the title of Senior Clerk, with an annual salary of $9,105, that being Step 1 on the C.S.E.A.- Administrative Unit Compensation Plan for 1985, effective December 9, 1985. Carried Unanimously Bond Resolution (Dated December 4, 1985) By Al erperson Dennis: Seconded by Alderp.Q,-xs.on Killeen A RESOLUTION AUTHORIZING THE ISSUANCE OF AN ADDITIONAL $583,000 SERIAL BONDS AND THE EXPENDITURE OF AN ADDITIONAL $313P847 CURRENT FUNDS OF THE CITY OF ITHACA, TOMPKINS COUNTY, NEW YORK, TO PAY ADDI- TIONAL COSTS FOR THE CONSTRUCTION OF A YOUTH BUREAU FACILITY BUILDING FOR SAID CITY. WHEREAS, by bond resolution dated February 6, 1985, the Common Council of the City of Ithaca, Tompkins County, New York, authorized, among other things, the construction of a Youth Bureau Facility Building at a maximum estimated cost of $900,000, and authorized the issuance of $85)5,000 serial bonds of said City and the expenditure of $45,000 current funds of said City to pay such cost; and WHEREAS, it has now been determined that the maximum estimated cost of such project is $1,514,847, an increase of $614,847 over that previously authorized, and it is now desired to provide additional funding for such project; now, therefore, be it RESOLVED, by the Common Council of the City of Ithaca, Tompkins County, New York, as follows: Section 1. For the specific object or purpose of paying additional costs for tie construction of a Youth Bureau Facility Building, such , building to be constructed on parcels of land either currently owned by the City or to be separately acquired through annexation and agre ment with the Town of Ithaca at or about 1701 North Cayuga Street, including the demolition of an existing structure thereon, the gradii_o and improvement of the site and the acquisition of original furnishings, equipment, machinery or apparatus required for the purposes for which such building will be used, there are hereby authorized to be issued an additional $58.3,000 serial bonds of the City of Ithaca, Tompkins County, New York, and expended an additional $31,847 current funds of said City. Section 2. It is hereby determined that the maximum estimated cost of the a oredescribed Youth Bureau Facility Building is $1,514,847, �:}hich project is hereby authorized as such maximum estimated cost, and � the ,, r the f11";1 nci11 reC) f is as foIIows: -S- December 4, 19871 a) By the issuance of the $855,000 serial bonds of said City authorized to be issued pursuant to bond resolution dated February 6, 1985; b) By the issuance of the additional $583,000 serial bonds of said City authorized to be issued pursuant to this resolution; C) By the expenditure of the $45,000 current funds of said City authorized to be expended for such project pursuant to bond resolution dated February 6, 1985, which current funds, together with the current funds described in paragraph d hereof, shall constitute the down payment required by Section 107.00 of the Local Finance Law; d) By the expenditure of the additional $31,847 current funds of said City authorized to be expended pursuant to this resolution, which current funds, together with the current funds described in paragraph c hereof, shall constitute the down payment required by Section 107.00 of the Local Finance Law. O Section 3. It is hereby determined that the period of probable use - CO fulness of tie aforesaid specific object or purpose is thirty years, pursuant to subdivision 11(a)(1) of paragraph a of Section 11.00 of ()) the Local Finance Law, computed from February 15, 1985, the date of f.l_1 issuance of the first bond anticipation note issued in anticipation Cn of the serial bonds authorized by bond resolution dated February 6, < 1985. Section 4. Subject to the provisions. of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby dele- gated to the City Controller, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said City Controller, consistent with (600" the provisions of the Local Finance Law. Section S. The faith and credit of said City of Ithaca, Tompkins County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such obligations as the same respec- tively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such obligations becoming due and payable in such year. There shall 1 . annually be levied on all the taxable real property of said City, a tax sufficient to pay the principal of and interest on such obliga- tions as the same become due and payable. Section 6. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said City is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with. and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 7. This resolution, which takes effect immediately, shall be publish in full in the Ithaca Journal, the official newspaper, together with a notice of the City Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. Discussion followed on the floor. 270'! -6- December 4, 1985 The question of the adoption of the foregoing resolution was duly put t n roll call which resulted as follows: to a V e 31 31 Peterson Aye Cummings Myers Aye Aye Hoffman Killeen Aye Aye Romanowski Aye Dennis Aye Schlather Aye Holdsworth Aye Haine Aye Ayes (10) Carried Unanimously Ithaca Area Wastewater 'Treatment Plant By Alderperson Dennis: Secon e y Alderperson Schlather RESOLVED, That the authorization for Phase III construction of the Ithaca Area Wastewater Treatment Plant be hereby increased by $445,917.00, which represents the interest cost on a. portion of the temporary financing, and be it further RESOLVED, That $445,917.00 of on the investment of available payment of such interest due. the City's share of interest earning project balances be allocated to the Carried. Unanimously Audit By Alderperson Dennis: Seconded by Alderperson Myers RESOLVED, That the bills audited and approved by the Budget and Admini- t ation Committee in the total amount of $9,904.52, as listed on s r Audit Abstract #22/1985, be approved for payment. Carried Unanimously Final Audit for 1985 By Alderperson Dennis: Seconded by Alderperson Romanowski RESOLVED, That the Budget and Administratiox.Committee and City Con- troller be empowered to approve and audit for payment any bills for 1985 as may require such action. Carried Unanimously Salary Ad'ustment By Al erperson Dennis: Seconded by Alderperson Haine RESOLVED, That the 1985 salary of Marna McNeil, Principal Account Clerk in the Finance Department, be established at $18,167, effective December 9, 1985. Carried Unanimously Ado tion of 1986 Budget By Al erperson Dennis: Seconded by Alderperson Holdsworth WHEREAS, this Common Council has reviewed the Executive Budget as proposed by Mayor John C. Gutenberger, and the Budget and Administration Committee resommendations, and WHEREAS, it is the consensus of-this Common Council that the total appropriationsand estimated revenues are adequate for the operation of the City for 1986; now, therefore, be it RESOLVED, That the City of Ithaca Budget for 1986, in the total amount of $18,523,195, be approved, and be it further RESOLVED, That the following sections of the 1986 Budget be approved: (A) General Fund Appropriations (B) Revenue Sharing Fund Appropriations (C) Water Fund Appropriations (D) Sewer Fund Appropriations (E) Commons Assessment Fund Appropriations (F) General Fund Revenues (G) Revenue Sharing Fund Revenues (H) Water Fund Revenues (I) Sewer Fund Revenues (J) Commons Assessment Fund Revenues (K) Debt Retirement Schedule (L) Capital Projects e n t; - (;eneral Funel -7- December 4, 19852 7 3 (N) Schedule of Salaries and Positions - Water and Sewer Fund (0) Authorized Equipment Purchases - General Fund (P) Authorized Equipment Purchases - Revenue Sharing Fund (Q) Authorized Equipment Purchases - Water and Sewer Fund Amending Resolution By Alderperson Dennis: Seconded by Alderperson Haine RESOLVED, That $2 000 be added to the Chamber. of Commerce figure (from $14,000 to J16,000) as originally requested by the Chamber of Commerce. Alderpersons Dennis and Haine withdrew their resolution. Amending Resolution By Alderperson Hoffman: Seconded by Alderperson Holdsworth RESOLVED, That $14,700 be allotted for the Chamber of Commerce. Alderpersons Hoffman and Holdsworth withdrew their resolution; (D Amending Resolution 0') By Alderperson Schlather: Seconded by Alderperson'Hol.dsworth RESOLVED, That the amount to be given to the Chamber of Commerce ( be increased from $14,000 to $152000. Cf_) C0 Discussion followed on the floor. A vote on the amendment resulted as follows: Ayes (9) - Dennis, Haine, Hoffman, Holdsworth, Killeen, Myers, Peterson, Romanowski, Schlather Nay (1) - Cummings Carried (6000, A vote on the main motion, as amended, resulted as follows: Carried Unanimously Amending Resolution By Alderperson Dennis: Seconded by Alderperson Killeen RESOLVED, That $2,500 be restored to the EOC Chores program. Discussion followed on the floor. A vote on the resolution resulted as follows: Ayes (6) - Peterson, Hoffman, Killeen, Dennis, Haine, Cummings Nays (4) - Myers, Romanowski, Schlather, Holdsworth Carried Amending Resolution By Alderperson Hoffman: Seconded by Alderperson Cummings RESOLVED, That the Offender Aid and Restoration program have their request of $2,000 restored in the budget. Discussion followed on the floor. A vote on the resolution resulted as follows: Ayes (6) Nays (4 ) Amending Resole By Alderperson RESOLVED, That - Peterson, Hoffman, Cummings, Killeen, Haine, Dennis - Schlather, Myers, Holdsworth, Romanowski Carried ation ScR ather: Seconded by Alderperson Killeen $2,500 be cut from Budget 3120, Part -time Line 120. Discussion followed on the floor. A vote on the resolution resulted as follows: Ayes (5) - Schlather, Hoffman, Haine, Holdsworth, Cummings Nays (5) - Peterson, Myers, Killeen, Dennis, Romanowski Mayor Guteilberger voted Nay, breakin[I the tie. I(, t i oji he feated 27 l -8- December 4, 1985 Amendin Resolution By Al erperson Sc lather: Seconded by Alderman Romanowski RESOLVED, That Fees for Professional Services in.the Planning Depart- ment budget be reduced by $5,000 to $401,000. Discussion followed on the floor. A vote on the resolution resulted as follows: Ayes (4) - Romanowski, Ho-ldsworth, Hoffman, Schlath.er Nays (6) - Myers, Hai-ne, Cummings, Dennis, Peterson, Killeen Motion Defeated The question of the adoption of the foregoing resolution, as amended, was duly put to a vote on roll call, which resulted as follows: Cummings Aye Killeen Aye Dennis Aye Holdsworth Nay Schlather Nay Haine Aye Peterson Aye Hoffman Aye Aye Romanowski Aye Myers Ayes (8) Nays (2) Carried Ado tion of 1986 Tax Rate By Al erperson Dennis: Seconded by Alderperson Holdsworth WHEREAS, the 1986 City of Ithaca Budget.was approved, adopted and confirmed, in the total amount of $18,523,195, on December 4, 1985, in accordance with a detailed budget statement on file in the office of the City Controller, and WHEREAS, available and estimated revenues total $14,0225,768, leaving $4,500,427 as the amount to be raised by taxation, and WHEREAS, the Assessment Roll for 1986, certified and filed by the Assessment Department of Tompkins County, has been footed and approvea and shows the total net taxable valuation as $304,082,898, and WHEREAS, under Charter provisions, the tax limit for City purposes amounts to $7,0661002 for 1986; now, therefore, be it. RESOLVED, That the Tax Rate for general purposes, for the fiscal year 1986, be, and the same hereby is, established and fixed at $14.80 per $1,000 of taxable valuation as shown, certified and extended against the respective properties on the 1986 Tax Roll, thereby making a total tax levy as near as may be, of $4,500,427, and be it further RESOLVED, That the amount of said tax levy be spread, and the same hereby is levied upon and against the respective properties shown on said City Tax Roll, in accordance with their respective net taxable valuation, at the rate of $14.80 per $1,000 of such taxable valuation, and be it further RESOLVED, That the City Chamberlain be, and hereby is, directed to extend and apportion the City Tax as above, and that upon the comple- tion of the extension of said Roll, the City Clerk shall prepare a warrant on the City Chamberlain, for the collection of said levy; and the Mayor and City Clerk hereby are authorized and directed to sign and affix the corporate seal to such warrant and forthwith to file th same with said Tax Roll with the City Chamberlain, and be it further RESOLVED, That upon the.execution and filing of said warrant and Tax Roll with the City Chamberlain, the amounts of the City Tax set opposite each and every property shall hereby become liens, due, payable and collectible in accordance with provisions of the City Charter and other laws applicable thereto, and be it further RESOLVED, That the total sum of $18,523,195 be appropriated in accordance with the Budget adopted, to the respective boards, offices and departments of the City, for the purposes respectively set forth sm December 4, 1985275 therein. The 1986 Assessment Roll has been completed and approved by the Assessment Department of Tompkins County and resulted in the following valuation: Valuation of Land Valuation of Buildings Total Value of Real Property Less: Value of Exempt Property Plus: Value of Special Franchises Net Value of Taxable Property $ 833,472,650 510, 579, 309 $594,0511?959 306, 719,423 (51,63%) $287,332,536 16.750.362 $304,0821898 Amending Resolution By Al erperson Sc lather: Seconded by Alderperson Killeen RESOLVED, That the tax rate be set at $14.50 per thousand, or an increase in taxes of 4.30. Discussion followed on the floor. A vote on the amendment resulted as follows: Ayes (2) - Schlather, Romanowski Nays (8) - Peterson, Hoffman, Killeen, Haine, Dennis, Hol.dsworth, Cummings, Myers Motion Defeated A vote on the main motion resulted as follows: Ayes (8) - Peterson, Hoffman, Killeen, Haine, Dennis, Holdsworth, Cummings, Myers Nays (2) - Schlather, Romanowski :married Southside Agreement By Alderperson Dennis: Seconded by Alderperson Schlather WHEREAS, the City of Ithaca (hereinafter referred to as "City ") currently desires to preserve and maintain the city -owned building and premises located at 30S South Plain Street, Ithaca, New York, (hereinafter referred to as "premises "); and WHEREAS, the Southside Community Center, Inc. (hereinafter referred to as SCC) is a Not - for - Profit corporation, duly organized under the Laws of the State of New York, operating programs designed to benefit the residents of an area of the City, which area is commonly known as "Southside "; and WHEREAS, the City desires to grant SCC a revocable license to use the premises in "as is" condition for the operation of SCC's programs; now, therefore, be it RESOLVED, That the Common Council of the City of Ithaca hereby empowers the Mayor to sign an agreement between the City and SCC, which agreement recites only the below- mentioned terms and conditions subject to the approval of the City's Corporate Counsel; and be it further RESOLVED, That the Mayor's authority to sign said agreement is con- tingent upon receipt by the City's Corporate Counsel of an agreement setting forth the below - mentioned terms and conditions and duly executed and acknowledged by SCC and accompanied by corporate resolu- tion in proper form: 1. Stipulation that the City is the sole fee simple absolute owner in the premises, with acknowledgement of existing deed restriction to use premises as a community center. 2. City will grant to "as is" condition, unless terminated or• in the event of simi.kir events, in SCC a revocable license to use the premises in which license will be automatically renewable Upon one year's written notice by either party, emergency, catastrophy, "acts of God ", or vJi l ch case no p i- i or notice shall be required, 27(l) 10- December 4, 1985 3. City will provide utilities and maintenance of the premises during the period of the license, on such terms as the City deems appropri.atee 4. City will release up to, but not exceeding, Seventeen Thousand Two Hundred Dollars ($17,200) from its contingency account for deposit into the proper Department of Public Works (DPW) account for the DPW to perform the necessary and proper repairs and maintenance. 5. Indemnification and hold harmless clause in favor of the City in acceptable form° 6. SCC will provide an. insurance binder and maintain such insurance for liability protection and property damage, naming the City as co- insured, in an amount deemed satisfactory by the City's Corporate Counsel. 7. Agreement supersedes any and all agreements between the parties, 8. Any other terms deemed advisable by the City's Corporate Counsel. Discussion followed on the resolutions of both the Budget & A.dmini- stration and Human Services Committees. Amending Resolution By Alderperson Peterson: Seconded by Alderperson Haine RESOLVED, That Item. 6 of the Human Services Resolution be included in the Budget & Administration Committee: "The SCC shall submit an annual program plan and. budget to the City." Discussion followed on the floor. A vote on the - amendment resulted as follows., _ Ayes (4) - Haine, Hoffman, Myers, Peterson Nays (6) - Killeen, Cummings, Schl.ather, Dennis, Holdsworth, Romanowski Motion Defeated A vote on the main motion resulted as follows: Ayes (8) - Peterson, Dennis, Cummings, Schlather, Haine, Killeen, Romanowski, Holdsworth Nays (2) - Myers, Hoffman Carried Labor Relations Consultant By Alderperson Dennis: Seconded by Alderperson Killeen RESOLVED, That the Mayor and City Clerk be authorized and directed to execute an agreement between the City of Ithaca and William Stratton to provide professional consulting services in the maintenance of City of Ithaca employee bargaining unit agreements, for the period January 1, 1986 thru December 31, 1986, at a cost of fifty dollars ($50.60) per hour, not to exceed $4,000. Carried Unanimously County Taxes Levied Within The Cif By Alderperson Dennis: Seconded y Alderperson Holdsworth WHEREAS, the Board of Representatives of the County of Tompkins has issued a certificate to the Chief Fiscal Officer of the City certi- fying that the contribution of the City of Ithaca to .the taxes of the County of Tompkins, for the fiscal year beginning January 1, 1986, is $1,8471043.46, and WHEREAS, the City,.pursuant to Real Property Tax Law S 900(2), hereby determines that the amount of County Tax to be levied in the City of Ithaca, for the County fiscal year beginning January 1, 1986, is $1,847, 043.46, and- WHEREAS, the City must levy said sum against the taxable real estate and direct the extension of said taxes against each such parcel; now, *herefore, be it -11- December 4, 198 %77 RESOLVED, That the City Council of the City of Ithaca does hereby levy the sum of $1,847,043.46 certified to it by the Board of Representatives as said City's contribution to the taxes of the County of Tompkins for the fiscal year beginning January 1, 1986, and be it further RESOLVED, That the taxes due the County of Tompkins shall be extended against each parcel of taxable real estate, at the rate of $6.073 per $1,000 of taxable assessed value, and be it further RESOLVED, That the City Controller is hereby directed to execute and deliver a certificate to the Board of Representatives of the County of Tompkins certifying that the levy has been made and the extension of taxes directed in accordance with law. Carried Unanimously Amendment of 1985 Equipment List - Finance.De artment By Al erperson Dennis: Seconded y Al erperson Romanowski RESOLVED, That the 1985 Equipment List for the Finance Department be amended to include a printer conversion set, at a cost not to exceed (� $300. I Carried 'Unanimously Recess Common Council recessed at 9 :00 p.m. and reconvened in regular. {j session at 9:10 p.m. PLANNING AND DEVELOPMENT COMMITTEE: INHS Affordable Home Otianers i Program Application By Alderperson Cummings: Seconded by Alderperson Killeen WHEREAS, Ithaca Neighborhood Housing Services (INNS) is interested in responding to a Request for Proposals by the New York State Affordable Housing Corporation under their newly established Affordable Home Ownership Development Program, and WHEREAS, the purpose of INHS's initiative will be to offer home purchase and home rehabilitation assistance to residents of the Community Development eligible neighborhoods of the City of Ithaca, and WHEREAS, the regulations of the Affordable Home Ownership Program require that the'City of Ithaca must designate an agency selected to submit an application under the program for their proposal to be considered, and that the City of Ithaca concurs with the proposed program, and WHEREAS, Ithaca must further certify that the needs, eligibility factors and conditions within the proposed program's area are accurately described in the application, and meet the program eligi- bility criteria stated in the application, as has been verified by the Department of Planning and Development, and WHEREAS, the regulations further require that the City of Ithaca certify that the funds to be provided by the New York State Affordable Housing Corporation will not substitute for monies which the City of Ithaca would have spent in the absence of the Affordable Home Owner- ship Development Program, and that such monies will enable Ithaca to expand its commitment to increase the supply and improve the condition of low and moderate income owner occupied housing to levels greater than would have been possible without such assistance; now, therefore, be it RESOLVED, That the Common Council upon recommendation of the Planning and Development Board and the Planning and Development Committee of Council designates Ithaca Neighborhood Housing Services to submit an application to the New York State Affordable Housing Corporation for their Affordable Home Ownership Program on behalf of the City of Ithaca, and that the Common Council authorizes and directs the Mayor, upon advice of the Corporate Counsel and Director of Planning and Develop- ment, to provide such assurances and certifications as are required in the Affordable }Tome Ownership Program. Carried Unanimously 21 7 S -12 December 4, 1985 Clinton Hall Nomination to National Re ister By Alder n Cummings: econ e y Al erperson Dennis WHEREAS, the continued reuse of existing downtown commercial buildings has been a long - standing concern for the Planning and Development Board, and WHEREAS, Clinton Hall has remained vacant for a decade as an eyesore to the Central Business District, and WHEREAS, City officials and concerned members of the public have worked for years to retain this building in the hope that it will once again become a viable structure that both contributes to the tax base and to the visual harmony along North Cayuga. Street, and WHEREAS, the Planning and Development Board supports the rehabilita- tion of Clinton Hall, a local landmark, and WHEREAS, Clinton Hall has been proposed for listing on the National Register of Historic Places, and WHEREAS, the Ithaca City Planning and Development Committee supports this National Register Nomination and believes the building to merit such recognition; now, therefore, be it RESOLVED, That the Common Council endorses the listing of Clinton Hall on the National Register of Historic Places. Discussion followed on the floor. A vote on the resolution resulted as follows: Carried Unanimously Repair and Maintenance of Stewart Avenue By Alderperson Cummings: Seconded Fy Alderpprson Killeen WHEREAS, the Common Council passed a resolution to establish a policy on the retention of extant brick streets and reuse of vitrified paving . brick in November of 1984, and WHEREAS, the Board of Public Works was directed in that resolution to require all utility and other openings on existing brick streets to be repaired with identical paving materials and replacement techniques, and WHEREAS, it has been acknowledged that Stewart Avenue will be retained as a brick street and should be the first implementation of a brick reimplacement policy; now, therefore, be it RESOLVED, That upon the recommendation of the Planning and Development Committee, Common Council directs the City Engineer to schedule the rehabilitation of Stewart Avenue to be undertaken in brick and that all future cuts be repaired with appropriate recycled materials as he shall deem necessary to extend the serviceable life and restore the appearance of the street. Discussion followed on the floor, Tabling Resolution By Alderperson Dennis: Seconded RESOLVED, That the resolution be by Alderperson Schlather tabled until the next meeting. Carried Unanimously CHARTER AND ORDINANCE COMMITTEE: Alderperson Sc lat er informe the Council that the next meeting of the Charter and Ordinance Committee, which was scheduled for December 12, 1985, has been rescheduled for Monday, December 16, 1985 at 7:30 p.m. in the Common Council Chambers. A Ordinance Amendin the Zoning Map and Section 30.25 of Chapter 30 I of the City of Ithaca Municipal Code By Alderperson Sc lat er: Seconaea by ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING MAP r. i'u CTT`r' nr TTff:1C.1 %1111 !TCTPAT, COPT. Alderperson 85 -16 AND SECTION Peterson 30.2`- OF CHAPTER 30 -13- December 4, 198979 BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, New York, as follows: SECTION 1. AMENDING THE OFFICIAL ZONING MAP. "1. That the "Official Zoning Map of the City of Ithaca, New York," as last amended, is hereby amended and changed so that the following described area presently located in the R -3b and R -3a zoning district is reclassified and changed to the R -2a zoning district: All that tract or parcel of land bounded on the north and east by the southern boundary of the right -of -way of Hudson Street; on the east by the western boundary of the right -of -way of Hudson Street; on the south by the northern boundary of the right -of -way of Prospect Street; on the west by the eastern boundary of the right -of -way of South Aurora Street; said tract containing all of tax assessment parcels 81 -4 -1 through 81 -4 -3 inclusive, and 82 -1 -1 through 82 -1 -10 inclusive, as shown on the current tax assessment maps and rolls of the County of Tompkins,- and All that tract or parcel of land bounded on the north and west by (� the southern boundary of the right -of -way of Prospect Street; on the east by the western boundary of the right -of -way of South Aurora CJ+ Street; on the south by the northern boundary of the right -of -way of {� Pleasant Street; and on the west by the eastern boundary of the right -of -way of Turner Place as it intersects with Spencer Street; said tract containing all of tax assessment parcels 81 -8 -1 through �A, 81 -8 -18 inclusive, and All that tract or parcel of land bounded on the north by the southern boundary of the right -of -way of Prospect Street; on the east by the western boundary of the right -of -way of Hudson Street; on the south by the northern boundary of the right -of -way of Pleasant Street; and on the west by the eastern boundary of the right -of -way of South Aurora Street; said tract to include all of the tax assess- ment parcels 81 -5 -1 through 81 -5 -7 inclusive,`-and 82 -2 -1 through 82 -2 -18 inclusive." 2. That in accordance herewith, the City Clerk is hereby directed to make or cause to be made the necessary changes on said zoning map. SECTION 2. EFFECTIVE DATE. This ordinance shall take effect immediately and in accordance with law upon publication of a notice as provided in Section 3.11(B) of the Ithaca City Charter. Alderperson Cummings asked if she should vote on the resolution inasmuch as she owns property in the Second Ward, the area covered by the resolution. City Atty. Stumbar responded that the resolution was not specifically for her and she has no specific interest; there- fore he saw no conflict of interest. A vote on the resolution resulted as follows: Carried Unanimously Speed Limits - Central School Area By Alderperson Schlat er: Seconded by Alderperson Romanowski ORDINANCE NO. 85 -17 (600.1 AN ORDINANCE AMENDING CHAPTER 60 ENTITLED "TRAFFIC AND VEHICLES" 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. That Section 60.32 entitled "Maximum school speed limits" of Article III entitled "Speed Regulations" of Chapter 60 entitled "Traffic and Vehicles" of the City of Ithaca Municipal Code be and it is hereby amended as follows: 280 _14_ December 4, 1985 S 60.32 Maximum school speed limits Insert: 116. Fifteen (15) miles per hour adjacent to the Central School, G.I.A.C. and Parochial School block, on West Court Street and on West Buffalo Street from 100 feet east of Albany Street to 100 feet west of Plain Street, on North Albany Street and on North Plain Street from 1.00 feet south of Buffalo Street to 100 feet north. of Court Street." Section 2. This ordinance shall take effect immediately and. in accordance with law upon publication of a notice as provided in S 3.11(B) of the Ithaca City Charter. Carried Unanimously Inde endent Livin Center By Al erperson Hof man: Seconded by Alderperson Peterson WHEREAS, the Common Council is aware of the special needs of the disabled residents of the City of Ithaca, and WHEREAS, the CouIlri.l is in support of the broadest possible range of services being, available to said residents, and WHEREAS, the primary goal of a Center for Independent Living is to provide in one, comprehensive, central location information and expertise for all disabled. residents and to help disabled persons to attain or maintain independent and productive lifestyles within . our community; now, therefore, be it RESOLVED, That the Common Council of the City of Ithaca urges the New York State Legislation to designate Tompkins County as a site for an Independent Living Center, as proposed by the "Shot in the Dark" organization, said Center to serve this and the seven contiguous counties, and be it further RESOLVED, That the City Clerk be directed to send certified copies of this resolution to Assemblyman H. Sam MacNeil and to Senator Lloyd S. Riford, Jr. Discussion followed on the floor. A vote on the resolution resulted as follows: arried Unanimously Human Services Coalition Plan of Work for 1986 Alderperson Hoffman commente that we need to decide what to include in the Work Plan for the human services Coalition. The City has already budgeted money in the same amount as this year. Four items, as shown on the agenda, have been discussed at the last Human Services Committee meeting. The first three were suggested by the Coalition, the fourth is an idea from the Human Services Committee. He asked for comments from the Council as to whether to include all four items, and any other comments or ideas, if possible before the next meeting of the Committee on the third Tuesday in December. The committee hopes to finalize the Work Plan for the January Council meeting. Cit /Southside Community Center Agreement By Alderperson Roffman: Seconded y Alderperson Peterson RESOLVED, That Human Services Committee Agenda Item C, City /Southside Community Center Agreement, be removed from the Agenda. Carried Unanimously Human Relations Training for Police Alderperson Hoffman reported that the City last year approved a contract with Human Relations Training Program at Cornell for sensitivity training of police in phases and required that it comes back to the city for approval to go on with any phase beyond the first phase. The first phase was completed by September. The Human Services Committee discussed the progress of the program and suggested that it be continued. They passed this recommendation on to the Budget and Administration Committee who turned down continuation with the Cornell group. Ile asked for input from the Council. Alderperson -is- December 4, 1985281 Dennis and Mayor Gutenberger responded that they wish to continue with the program, but requested that Mr. Hoffman work with the Police Commissioners, PBA and administration of the Police Department to see if another proposal can come forth to be discussed. Mayor Gutenberger commented that he couldn't include the item in his budget because the report for the first phase had not been received at that time for review by the Council. REPORT OF SPECIAL COMMITTEES AND COUNCIL LIAISONS: Human Services Coalition Alderperson Peterson reported that the Human Services Coalition had requested response from the City as to their feelings about the (600,11 interaction of the Coalition with'the City. The Human Services Committee was concerned about the lack of publicity or knowledge as to what the Coalition is about. The Coalition provided brochures which Ms. Peterson offered for distribution to the Council. UNFINISHED BUSINESS: Support for a Downtown Department of Social Services Location' By Alderperson Hoffman: Seconded by Alderperson Killeen WHEREAS, the Common Council has repeatedly expressed its preference �! for keeping the Department of Social Services in a downtown Ithaca �,1 location, in the belief that such a location provides the best possible access to the majority of those who need DSS services, f protects the economic health of the downtown business community, 1H and maintains the City's historical role as the seat of county ,,:, government; and WHEREAS, the Tompkins County Board of Representatives is now con- sidering several alternate locations for the Department of Social Services; now, therefore, be it RESOLVED, That the Common Council reaffirms its request that the Tompkins County Board of Representatives keep the Department of Social Services in a downtown Ithaca location; and be it further RESOLVED, That the Common Council wishes to cooperate closely with and assist the County in renovating and improving the City -owned buildings now occupied by DSS and /or in finding and developing a site for a new DSS or county office building; and be it further RESOLVED, That the appropriate City staff are directed to give this matter top priority for immediate attention; and be it further RESOLVED, That the Mayor is requested to communicate this action as promptly as possible to the members of the County Board of Repre- sentatives and others who are involved in deciding the DSS location. Discussion followed on the floor. Mayor Gutenberger commented that the City has always been willing to help in any way they can. However, they have never received a request from the County to respond to. Amending Resolution By Al erperson Sc lather: Seconded by Alderperson Holdsworth RESOLVED, That the second RESOLVED read as follows: "RESOLVED, That the Common Council wishes to cooperate with the County in the renovation and improvement of the City -owned buildings now occupied by the DSS and /or in finding a site for a new DSS or County Office Building." Carried Unanimously Amending Resolution By Alderperson Killeen: Seconded by Alderperson Romanowski RESOLVED, That the word "downtown" be deleted in the three instances where it appears in the resolution. Ayes (3) - Myers, Ioldsworth, Killeen Nays (7) - Romanowski., Schlather, Cummings, Dennis, Haine, Peterson, 11of fman ire feated --16- December 4, 1985 A vote on the main motion as amended resulted as follows: Carried. Unanimously NEW BUSINESS: Petition of Louis Cassaniti A petition o one Louis Cassaniti was presented and filed with the office of the City Clerk on December 4, 1985. Resolution By 1 erperson Holdsworth: Seconded by Alderperson Roma.nowski WHEREAS, an oral request was presented on October. 4, 1985 to the Commons Advisory Board (hereinafter referred to as "CAB ") at its regularly scheduled meeting with a quorum being present to adopt the resolution annexed hereto as Schedule A as orally amended by request for the relocation of a vendor's cart at a location in the middle of a straight line between the Center. Ithaca Building and the front of the Security Northstar Bank Building; and WHEREAS, the CAB has failed to render a decision either denying or approving said request within the 45 -day period set forth in Section lI B(2) of the CAB Operations Manual which Manual was duly adopted by the Ithaca City Council on October 2, 1985; and WHEREAS, a petition has been presented to the Ithaca City Council by Louis Cassaniti d /b /a Louis Gourmet Hots requesting review of said non - action by the CAB and it appearing that the 4S-day decision period has expired and that the requested relief should. be granted; now, therefore, be it RESOLVED, That petitioner Louis Cassaniti's request is hereby granted and the CAB regulations, if any, and Operations Manual are hereby amended by the language set forth in the attached Schedule A; and be it further RESOLVED, That the CAB is hereby directed t_Q grant future permit holders the ability to designate a vendor's cart location at a point in the middle of a straight line running from the front of the North star Bank Building to the front of the Center Ithaca. Building. Discussion followed on the floor. Referral Resolution By Al erperson Hai.ne: Seconded by Alderperson Cummings RESOLVED, That the resolution be referred to the Commons Advisory Board . for review and return to Council by January 8, 1985. Ayes (8) - Myers, Haine, Killeen, Peterson, Hoffman, Romanowski, Schlather, Cummings Nays (2) - Holdsworth, Dennis Carried ADJOURNMENT: On a motion the meeting adjourned at 10:35 p.m. Callista F. Paolangeli, D ler