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