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HomeMy WebLinkAboutMN-CC-1986-03-05COMMON COUNCIL PROCEEDINGS 331 CITY OF ITHACA, NEW YORK regular Meeting 7 :30 P.M. March 5, 1986 PRESENT: Mayor Gutenberger Alderpersons (10) - Booth, Cummings, Dennis, Haine, Hoffman, Killeen, Peterson, Lytel, Romanowski, Schlather OTHERS PRESENT: City Attorney - Nash City Controller - Spano Dep. Controller - Cafferillo Acting City Clerk - Paolangeli Personnel Administrator - Best -Shaw Building Commissioner - Hoard Fire Chief - Olmstead Dep. Dir., Planning & Development - Mazzarella Supt. of Public Works - Dougherty Planner - Evans C.D. Administrator - Goldwin (.�.1 Dir., Planning $ Development - Van Cort lt I 0. PLEDGE OF ALLEGIANCE: 0 j Mayor Gutenberger led all present in the Pledge of Allegiance to the American flag. w I' MINUTES: February 5, 1986 Alderperson Schlather requested correction, on page 5 under Communi- ty Development Citizens Advisory Committee, of the name of Mrs. Loni peck which is corrected to "Lani ". Resolution By Alderperson Peterson: Seconded by Alderfer -son Hoffman RESOLVED, That the minutes of the February 5, 1986 meeting be approved as corrected. Carried Unanimously February 10, 1986 By Alderperson Schlather: Seconded by Alderperson Romanowski RESOLVED, That the minutes of the February 10 Special meeting be approved as published. Carried Unanimously February 13, 1986 By Alderperson Schlather: Seconded by Alderperson Romanowski RESOLVED, That the minutes of the February 13 Special meeting be approved as published. Carried Unanimously ADDITIONS TO OR DELETIONS FROM THE AGENDA: Planning � Development Committee Alderperson Cummings requested addition of Item J, Update on Small Cities Applications, and asked that it be the first item to be taken up. No Council person objected. Budget F Administration Committee (400"" Alderperson Dennis requested removal of Item E, Funding for NYSEG Property. Mayor Gutenberger requested that Item E be left on the Agenda, at least for discussion. No Council person objected to leaving it on the agenda. Unfinished & Miscellaneous Business Alderperson Hoffman requeste ad ition of Item A, a record of the meeting of the Committee of the Whole on February 17, 1986. No Council person objected. 3312 -2- March 5, 1986 ,p or: of Special Committees and Council Liaisons �derperson Killeen requeste eletion of "Possi le Referral Reso- .__tion" from Item A. No Council person objected. 2ETITIONS Traffic L George Sc Mayor and Avenue. $ HEARINGS OF PERSONS BEFORE COUNCIL: g t at Stewart A uler, 110 Ferris Council for the venue Place, expressed appreciation to the traffic light at the corner of Stewart Weatherization Ordinance Larry Driscoll, 221 Prospect Street, addressed the Council with regard to the proposed weatherization ordinance which he stated is one more edge for diminishing his rights as an American citizen. Lew Durland, a member of the Energy Conservation Committee, spoke to the Council, urging passage of the proposed Energy Efficiency Ordinance. Weatherization Ordinance, Issues on Commons, DSS Jeanne Fu data, 615 N. Aurora Street, spoke in favor of the pro- posed weatherization ordinance. She also expressed the hope that in adopting a solution to the problems on the Commons, while in- suring the rights and safety of everyone, the Council will not restrict free public assemblage and free public expression on the Commons, or do anything to discourage bicyclists as this is a form of healthy recreation and energy conservation. Ms. Fudala thanked the City Council and Mayor for the generosity they showed the DSS and commented that there is a great deal of community support for keeping the DSS downtown. COMMUNICATIONS OF THE MAYOR: Mayor Guten erger expressed appreciation to Alderpersons Dennis, Cummings and Peterson and Director of Planning & Development Van Cort` for the work they had done on the DSS issue. He sympathized with the entire Council in their feelings of anger, disappointment and frustration but expressed the hope they will continue to work with the county, town and other bodies on other issues which will come up in the future. MAYOR'S APPOINTMENTS_: City's Youth Bureau Advisory Board Mayor Gutenberger requested approval of the Council for appointment of Randy Limber, 212 Columbia Street, to the Youth Bureau Advisory Board for a three -year term to expire December 31, 1988. Resolution By Alderperson Killeen: Seconded by Alderperson Booth RESOLVED, That the Council approves the appointment of Randy Limber to the Youth Bureau Advisory Board for a term which will expire December 31, 1988. Carried Unanimously Conservation Advisory Council Fi -;yor Gutenberger requested approval of the Council for appointment of Matthew Hamill, Carriage house, Terrace Hill, to the Conservation Advisory Council for a two -year term to expire December 31, 1987. Resolution Ey Alderperson Killeen: Seconded by Alderperson Peterson RESOLVED, That the Council approves the appointment of Matthew Hamill to the Conservation Advisory Council for a term which will expire December 31, 1987. Carried Unanimously Housing Board of Review Mayor (�ut�)erger requested approval of the Council for appointment of Douglas Look, X119 l:. Buffalo Street, and Alvin Nelson, 5O2 South Albany Street, to the housing Board of Review for three -year terms to expire December 31, 1988. -3- March S, 198�3 Resolution By Alderperson Schlather: Seconded by Alderperson Cummings RESOLVED, That the Council approves the appointment of Douglas Look and Alvin Nelson to the Housing Board of Review for terms which will expire December 31, 1988. Carried Unanimously Tompkins County Environmental Management Council (City Representative) Mayor Gutenberger requested approval of the Council tor appointment of Ms. Ashley Miller, 118 Cascadilla Avenue, to the Tompkins County Environmental Management Council, as a city representative, for a two -year term to expire December 31, 1987. Resolution By Alderperson Peterson: Seconded by Alderperson Hoffman RESOLVED, That the Council approves the appointment of Ms. Ashley Miller to the Tompkins County Environmental Management Council, as a city representative, for a term which will expire December 31, 1987. Carried Unanimously Mayor Gutenberger announced that he will be issuing a public announce- ment listing committees, boards and commissions which still have vacancies and ask for volunteers or suggestions of names to serve. t.t.� CITY ATTORNEY'S REPORT: �! Stone Hall City Atty. Nash reported that as far as the Stone Hall case is con- cerned, he hopes for a decision within the next week. He said the judge is doing a good job at looking at all the issues and giving the case serious consideration. Alderperson Booth asked if, in the event the decision is not in our favor, there will be time to appeal before any more damage is done. City Atty. Nash responded that he is trying,_to do everything he can to perfect an appeal in any case and try to -prevent further damage until it can be heard. Contract with Rice Associates Alderperson Killeen asked City Atty. Nash if he had signed for the city on the $30,000 cable consultant contract with Rice Associates in Washington, D.C. City Atty. Nash responded that there were a couple of technical changes made at the time he signed, after which it was sent to Rice Associates last week and they have been told to go ahead with the work. Communication from the Attorney General's Office City Atty. Nash reported receiving a communication from the Attorney General's Office regarding the Toxic Waste Litigation the city got into concerning two of its employees, and commented that he would like to discuss it with the Council in Executive Session at the end of the Regular meeting. Cornell Heights Case In reply to Alderperson Schlather, City Atty. Nash said he had heard nothing further concerning the Cornell Heights Case Appeal. REPORT OF BOARD OF REPRESENTATIVES: DSS Location Rep. Lifton reported on the issue as follows: "The Mayor, staff and Alderperson Peterson spent many hours in coming to grips with this issue. The night of the vote, in fact, many of you were there to see the debate. The vote was 8 -7 to move the DSS to the old hospital and to reject the offer that the City made. At yesterday's meeting there were many comments about the action, many petitions with count- less hundreds of signatures calling for the Board to reverse itself. Parlimentarily, if the Board is to ever reverse itself our process would be, to my understanding, that we can move to rescind that motion now that it has been up for reconsideration. There seems to be no movement to reconsider the positions of the 8 members who voted. As I often do, I focus on }low your city representatives voted. Four out of five city representatives voted to accept the downtown location as it came out of Common Council. One member did not, Mr. True of the 334 -4- March S, 1986 :=first district. I can only share with you the regrets of those -•�presentatives of the city who did vote your way. I think Mr. True Is caught between his own convictions and the responsibilities of representative democracy and came down on the side of his own con - victions. I personally regret that." Landfill Site Rep. Lifton reported that the Board has to continue to deal with the issue. "At its meeting the day before the Board voted to ask the DEC to extend the time frame to a total of 3 years to make this happen, in part because based on the Board's understanding of the time sequencing to close the Landstrom site and the placing of that ime sequencing in a weather condition such as ours, it would take g 3 years to close that site once it is started. We, however, don't have to stay in that site for 3 years if it takes 3 years to close it. There was discussion by the Board and they have the firm, on- the- record commitment of the chair of the committee being charged with finding a solution (Mr. Proto of the Caroline -Danby District) that he hopes to find the solution for a new landfill site in less than 3 years." Impressionistic Reactions Rep. Lifton reported that Mayor Gutenberger and staff, principally Mayor Gutenberger, as spokesperson for the City, came to the County Board of Representatives on quite a few occasions during the dialogue on what to do with DSS. He came as the Mayor of the county seat, and Mr. Lifton commented that anyone with that role deserves the respect of the County Board. He said that the Mayor took a lot of unnecessary badgering and questioning about unrelated issues to the location of the DSS. He found himself being lectured by some of the representatives who have concerns about a different issue - Rte. 96. Rep. Lifton commented that Mayor Gutenberger was a very graceful representative of the city under very uncomfortable conditions. Discussion concerning the DSS location folifte-d on the floor. Rep. Lifton answered questions of the Council. 1,40) PLANNING AND DEVELOPMENT COMMITTEE: Community Development Program Grant Application Alderperson Cummings f-e—poited that there has been a public hearing called for Monday, March 10, 1986 at 8:00 a.m. to discuss a Community Development Program Grant Single Purpose Application, changing the application from Comprehensive to Single Purpose. This has been necessitated by the loss of one of the economic development components. Glenn Goldwyn, CD Administrator, presented the following to the Council: "At the February 13th Common Council meeting a Comprehensiv6 CD program and budget was passed. In order for Ithaca's submission to be rated by HUD as a $600,000 comprehensive application, the program must in- clude projects from three functional areas: Housing; Economic Develop - ment; and Public Facilities. Ithaca's program included two Economic Development projects: site work on the NYSEG lands to support IRONICS Inc.'s development, and a small facade loan for a Green Street adver- tising firm. Both Economic Development components now present feasibility problems. Th: facade sponsor has withdrawn its request. On Tuesday, 3/4/86, IRONICS' Board of Directors voted to postpone a crucial grant relates' agreement, pending the outcome of a venture capital offering within "Wm) the next month. The lack of that agreement seriously weakened the City's case for either the specific site improvements requested or th designation as a comprehensive application. There are other issues which must be addressed as a result of this postponed decision, but for now, we must move quickly in order to prepare a $400,000 Single Purpose application. This is the maximum funding level under a system which permits both housing and public facility improvements in support of housing. The attached budget indicates the proposed program and budget. Of the necessary $200,000 reduction, 62 percent has been taken from the -5- March 5, 1986 335 'conomic Development components ($89,000) and CD Administration ($35,000). The balance of the required reduction is proposed to come from Housing (Affordable Housing - $30,000; Loans $ Grants - $46,000) . The city's application must be postmarked 3/10/86, thus the special Common Council meeting on such short notice to hold the required public hearing for passage of the revised application." Discussion followed on the floor. Mayor Gutenberger called a Special meeting of the Council, to be (4600", held in the Council Chambers at 8:00 a.m, on Monday, March 10, 1986, to conduct a public hearing for passage of the revised Community Development Program Grant Application. Residential Parking Permit Program ' By Alderperson Cummings: Secon ed by Alderperson Killeen WHEREAS, the Bryant Park, Collegetown, Lower East Hill and Cornell Heights neighborhoods are subject to parking congestion caused by commuters who regularly use on- street parking spaces in these neigh- borhoods; and WHEREAS, congested parking conditions have contributed to saftey (X..i problems such as the blocking of fire hydrants, fire lanes and driveways and have generally caused inconvenience to the residents of these neighborhoods; and WHEREAS, the Department of Planning and Development has documented the extent and location of the parking problems in these neighbor- hoods; and WHEREAS, a Residential Parking Permit Program has been identified as a method of eliminating on- street commuter Barking and preserving more parking for neighborhood residents; and- WHEREAS, the City of Ithaca currently has no authority to implement such a program under existing New York State law; now, therefore, be it RESOLVED, That Common Council hereby authorizes the Department of Planning and Development, with the assistance of the City Attorney, to draft and submit a bill to be introduced to the New York State legislature which will give the City of Ithaca the authority to implement a Residential Parking Permit Program; and be it further RESOLVED, That if the City of Ithaca receives authorization to imple- ment such a Residential Parking Permit Program, the boundaries and regulations governing the program shall be presented to Common Council for consideration as a local ordinance. Discussion followed on the floor. Amending Resolution By Alderperson Booth: Seconded by Alderperson Killeen RESOLVED, That the following changes be made in the Residential Parking Permit Program resolution: A vote on the amending resolution resulted as follows: Carried Unanimously First Second WHEREAS: WHEREAS: insert "serious" before "parking" in the second line. insert "significant" before "inconvenience" in the third line. Fourth WHEREAS: delete the word "eliminating" in the second line and substitute the word "restricting." Fifth WHEREAS: delete entirely. RESOLVED: in fourth line, insert ", if adopted," following "which "; in fifth line, insert "adopt and" following "authority to." BE IT FURTHER RESOLVED: delete entirelv. A vote on the amending resolution resulted as follows: Carried Unanimously 3 3fi -6- March 5, 1986 Main motion as amended: WHEREAS, the Bryant Park, Collegetown, Lower East Hill and Cornell Heights neighborhoods are subject to serious parking congestion caused by commuters who regularly use on- street parking spaces in -hese neighborhoods; and WHEREAS, congested parking conditions have contributed to safety problems such as the blocking of fire hydrants, fire lanes and driveways and have generally caused significant inconvenience to the residents of these neighborhoods; and WHEREAS, the Department of Planning and Development has documented the extent and location of the parking problems in these neighbor- hoods; and WHEREAS, a Residential Parking Permit Program has been identified as a method of restricting on- street commuter parking and preserving more parking for neighborhood residents; now, therefore, be it RESOLVED, That Common Council hereby authorizes the Department of Planning and Development, with the assistance of the City Attorney, to draft and submit a bill to be introduced to the New York State legislature which, if adopted, will give the City of Ithaca the authority to adopt and implement a Residential Parking Permit Pro- gram. A vote on the main motion, as amended, resulted as follows: Carried Unanimously Designation of Lead Agency: Spencer Road Subdivision Application By Alderperson Cummings: Seconded by Alderperson Haine WHEREAS, an application has been made to the Board of Planning and Development for approval of a proposed residential subdivision on Spencer Road, and WHEREAS, such subdivision is a Type I action under City environmental regulations, requiring initiation of environmental review procedures, and I,'HEREAS, the City's Environmental Quality Review Ordinance provides that while Common Council shall have overall authority for admini- stration of the regulations, it may designate a particular city agency to act as Lead Agency where the matter under consideration would normally be under that agency's jurisdiction; be it RESOLVED, That the Board of Planning and Development be designated Lead agency in the matter of the proposed 'Treetops' subdivision by House Craft Builders, Inc., on Spencer Road, Assessment Parcels 124 -2 -6 and 124- 2 -7.2. Discussion followed on the floor. A vote on the resolution resulted as follows: Carried Unanimously Ithaca Falls Environmental Impact Study: Notice of Completion and Call for Pudic Hearing By Alderperson Cummings: Seconded by Alderperson Dennis V;IIEREAS, Common Council has commissioned the preparation of an en- vironmental impact study of the proposed hydropower development project at Ithaca Falls, and WHEREAS, the Draft Environmental Impact Study report has been com- pleted; now, therefore, be it RESOLVED, That a "Notice of Completion" be filed pursuant to Environ- mental Quality Review Ordinance requirements, and be it further RESOLVED, That a public hearing on the findings of the DEIS be held at 6:30 p.m. on April 2, 1986, prior to the meeting of Council, and be it further -7- March 5, 1986 337 RESOLVED, That the required legal notices be published at least 14 days prior to said public hearing. Discussion followed on the floor. A vote on the resolution resulted as follows: Carried Unanimously Land Acquisition /Alienation Process. By Alderperson Cummings: Seconded by Alderperson Dennis WHEREAS, authorization to alienate West End and Southwest parklands I*vill not be effective until substitute lands have been acquired by :he City, and VIHEREAS, Common Council has authorized Planning and Development staff to obtain appraisals and to negotiate acquisition of the identified substitute lands, and WHEREAS, staff has obtained said appraisals and begun purchase negotiations; now, therefore, be it RESOLVED, That Planning and Development staff and the City Attorney (; are hereby authorized to prepare and issue formal purchase offers for the identified "short list" substitution lands, and be it further +� RESOLVED, That the amount to be offered for each parcel shall not exceed the appraised value without prior approval by Council. Discussion followed on the floor. A vote on the resolution resulted as follows: Ayes (7) - Cummings, Dennis, Haine, Killeen, Lytel, Romanowski, Schlather Nays (3) - Booth, Peterson, Hoffman Carried Acquisition of Bikeway Right -of -way By Alderperson Cummings: Seconded by Schlather WHEREAS, the City of Ithaca, Town of Ithaca, and Finger Lakes State Parks Commission have formally agreed to develop a bikeway /pedestrian connection along the Flood Channel between Cass Park and Buttermilk Falls State Park, and WHEREAS, the agreement provides that the City shall acquire the necessary right -of -way over private properties in the city, and WHEREAS, an appraisal of the fair market value of such r.o.w. has been prepared, to serve as a reference during acquisition proceeding; be it RESOLVED, That the City Attorney and the Director of Planning and Development are hereby authorized to acquire the rights -of -way under terms favorable to the City, including gift, and be it further RESOLVED, That any amount of payment offered for any portion of the right -of -way shall not exceed the value established by the appraisal, without prior approval by Common Council. Recess (400e, Council recessed at 9 :25 p.m. and reconvened in Regular session at 9:40 p.m. Discussion followed on the floor Amending Resolution By Alderperson Schlather: Seconded by Alderperson Peterson RESOLVED, That the third WHEREAS shall read: "WHEREAS, an advisory evaluation of such r.o.w. has been prepared" instead of "WHEREAS, an appraisal of the fair market value of such r.o.w. has been pre- pared"; the second line of the first RESOLVED shall read: "are here- by authorized to negotiate purchase contracts for the rights -of -way 33S -8- March 5, 1986 ender terms favorable to the City, including gift, subject to final approval of Common Council," and the final RESOLVED shall be deleted. Carried Unanimously A vote on the main motion as amended resulted as follows: Carried Unanimously Recycling Task Force Alderperson Cummings reported that the Recycling Task Force have been reviewing the existing city ordinance relating to waste material collection, and suggested some modifications to encourage recycling to the Planning & Development Committee. The Planning & Development Committee feel there is a need for improvement in the ordinance to facilitate recycling and would like to refer the suggestions and recommendations to the Charter � Ordinance Committee. However, Alderperson Cummings didn't have anything prepared for referral so it was decided that copies will be furnished to the Council at its next meeting, after Planning & Development Committee have completed their review and made recommendations, at which time the Council may wish to refer it to Charter & Ordinance Committee for amendments to the existing ordinance. City Hall /Annex Disposition Alderperson Cummings reported that the committee discussed whether or not the city wish to still deal with the possibility of a City Hall move separate from the DSS location issue. If DSS leaves the city, we still have to face the question of use of the buildings. They asked staff to investigate the various patterns for assigning a value to the building, either separately or attached to this building and to pull together additional information on a potential move to the Post Office, combining city offices, police services in the Post Office, etc. They asked for cost figures. Available Space Study. Alderperson Cummings reported that two years ago NYSCA funded this study which is an inventory of all available non - residential space in the city. It is plugged into a computer system so it can be up- dated. There is a loose -leaf binder copy which has been placed in the Planning Department, Chamber of Commerce, Board of Realtors, and wherever there is likely to be people desperate to find com- mercial space. The revealing thing about this study is how little available existing space there is in the city, but it should be a useful tool for those looking for some of that space. Alderpersons Killeen and Dennis commented that they had heard comments from interested persons who wondered why this hasn't been done before. Copies are available in the Planning and Development office. Stewart Avenue Traffic Signal Alderperson Cummings reported that the Planning & Development Board sent a memo to Public Works asking that there be a button installed for pedestrians and that there be a vehicle - actuated strip put in on Stewart Avenue rather than having a light set on a regular switch. There have been some concerns from the public for a regular system of hours for the light to go to a blinker at night during the same set of hours every night with some predictability. CHARTER AND ORDINANCE COMMITTEE: A Local Law Amending Article II of the City of Ithaca_ Charter, Section 2.7 Entitled "City Officers Appointed by the Mayor; Pro - ce ure for Appointment' and Removal" ,,y Alderperson Schlather: Seconded by Alderperson Dennis A LOCAL LAW NO. OF THE YEAR 1986 AMENDING ARTICLE II OF THE CITY OF ITHACA CHARTER, SECTION 2.27 ENTITLED "CITY OFFICERS APPOINTED BY THE MAYOR; PROCEDURE: FOR APPOINTMENT AND REMOVAL." BE IT ENACTED by the Common Council of the City of Ithaca, New York as follows: J SECTION 1. Section 2.27 of the Ithaca City Charter is hereby amended March 5, 1986 339 adding a new subdivision S 2.27(2)(f) to read as follows: "S 2.27 CITY OFFICERS APPOINTED BY THE MAYOR: PROCEDURE FOR APPOINTMENT AND REMOVAL [subdivision 1 shall remain as is] 2. The procedure for such appointments shall be as follows: [subdivisions (a) (b) (c) (d) and (e) shall remain as is] �G iG 7t f. Upon request of the Mayor, and with the unanimous approval of the entire Common Council, steps 2(a) through 2(d) above, shall be waived; instead the Mayor shall make the appointment directly, subject to the approval of Common Council. [subdivisions 3 and 4 shall remain as is]" SECTION 2. EFFECTIVE DATE. This local law shall take effect immediately after filing in the Office of the Secretary of State. Amending Resolution By Alderperson Killeen: Seconded by Alderperson Haine RESOLVED, That the words "unanimous" and "entire" be deleted from 2(f) of the resolution; the resolution then to read: "Upon request of the Mayor and with the approval of a majority vote of Common Council, steps 2(a) through 2(d) above shall be waived. Instead the Mayor shall make the appointment directly, subject to the approval of a majority vote of Common Council." Discussion followed on the floor. Resolution Amending the Amendment By Alderperson Cummings: Seconded by Alderperson Haine RESOLVED, That the word "majority" be deleted and replaced by "three - fourths." A vote on the amendment to the amendment resulted as follows: Ayes (6) - Lytel, Booth, Haine, Killeen, Hoffman, Cummings Nays (4) - Peterson, Dennis, Schlather, Romanowski Carried A vote on the amendment as amended resulted as follows: Ayes (3) - Killeen, Booth, Cummings Nays (7) - Peterson, Dennis, Schlather, Romanowski, Lytel, Haine, Hoffman Amendment Defeated A vote on the main motion as originally presented resulted as follows: Ayes (9) - Killeen, Cummings, Peterson, Dennis, Schlather, Romanowski, L.ytel, Haine, Koffman Nay (1) - Booth Carried At the formal request of Mayor Gutenberger the following resolution was passed: By Alderperson Dennis: Seconded by Alderperson Schlather RESOLVED, That Steps 2(a) through 2(d) of the appointment process be waived for the vacant position of City Clerk, effective on the effective date of the Charter change which will not occur until the Secretary of State has the Local Law on file. Carried Unanimously 340 -10- March 5, 1986 .MAYOR'S APPOINTMENTS: fil yor Guten erger asked for the approval of Council to appoint Callista Paolangeli to the position of City Clerk at an annual salary of $27,000, the appointment to become effective on the receipt and filing of Local Law 1 -1986 in the Office of the Secretary of State. Resolution By Alderperson Schlather: RESOLVED, That the Mayor's the position of City Clerk and that her appointment s of Local Law 1 -1986 in the Seconded by Alderperson Killeen appointment of Callista F. Paolangeli to be approved at an annual salary of $27,000, hall become effective on. receipt and filing Office of the Secretary of State. Carried Unanimously An Ordinance Amending Chapter 27 Entitled "Housing Code" By Alderperson Sc lather: Seconded y Al erperson Hoffman ORDINANCE NO. 86 -1 AN ORDINANCE AMENDING CHAPTER 27 ENTITLED "HOUSING CODE" 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 Chapter 27 entitled "Housing Code" of the City of Ithaca Municipal Code is amended as follows: That a new section to be known and designated as Section 27.43 to follow Section 27.42 is hereby added to said Chapter to read as follows: "S 27.43 Energy Efficiency A. Purpose. It is the purpose of this section to encourage energy efficiency and conservation in the City of Ithaca. The City finds that this ordinance: will encourage the conservation of a finite public resource; will encourage the quality of life for all residents by generating more affordable housing, more comfortable dwellings and a cleaner environment; will encourage landlords to make energy im- provements for utility - paying tenants and will reduce the flow of energy dollars out of the local economy. B. Compliance. No certificate of occupancy or certificate of compliance shall be issued for any dwelling unit after January 1, 1987, unless there is full compliance with this section. C. Requirements. 1. All dwelling units shall have one of the following: a. attic or roof insulation with a minimum R -value of R -19; or b. permanently or seasonally mounted storm windows, as a second covering, on all exterior primary windows of habitable spaces from November 1st to April 1st of each heating season. Windows with two or more layers of glazing are acceptable. Other acceptable alternatives are: interior treatments in- cluding polyethylene or acrylic systems. The use of Lexantm for storm windows is unacceptable; or C. heating system(s) with a verified minimum annualized fuel use efficiency (AFUE) of 650 or combustion efficiency of 75o as verified within the preceding two years. This alternative does not apply to any dwelling unit whose primary heating system is electrical; such units shall meet either requirement #1 or #2 above. 'x� I rn -11- March 5, 1986 341 2. Actions to meet the foregoing requirements must be consistent with the New York State Uniform Fire Prevention and Building Code. D. Verification. Evidence of storm windows can be verified by visible inspection by a city building or housing inspector, or owner's Affadavit of Compliance with this section; other items can be verified by: 1. New York State Electric $ Gas Corporation (NYSEG), or compar- able, audit report on building or apartment, or 2. receipts for completed tests, work, or materials. In the absence of the foregoing verifications provided to the City Building Department, dwelling units will be assumed to be not in compliance. E. Penalties. Notwithstanding any other law to the contrary, failure to comply with this section shall be punishible only by the non - issuance of a certificate of occupancy or certificate of compliance for the dwelling unit. This provision shall not remove or diminish any requirement for obtaining a certificate of occupancy or certificate of compliance, or any penalty which can be imposed for failing to obtain a certificate of occupancy or a certificate of compliance. F. Appeals. Appeals for exemptions from these requirements may be made in writing to the Housing Board of Review. Exemptions may be granted under the following demonstrated conditions: 1. Financial hardship; or 2. The measures are not cost effective; or 3. The measures create unsafe conditions." 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. Discussion followed on the floor. Amending Resolution By Alderperson Killeen: Seconded by Alderperson Dennis RESOLVED, That subdivision A. Compliance, shall read: "No certificate of occupancy or Certificate of Compliance shall be issued for any dwelling unit after January 1, 1988, unless there is full compliance with this section." A vote on the amendment resulted as follows: Ayes (3) - Killeen, Romanowski, Dennis Nays (7) - Booth, Cummings, Lytel, Peterson, Elaine, Schlather, Hoffman Motion Defeated A vote on the main motion resulted as follows: Ayes (8) - Schlather, Lytel, Cummings, Hoffman, Killeen, Booth, Peterson, Dennis Nays (2) - Romanowski, Elaine Carried Expression of Appreciation Alderperson Schlather expressed thanks to Lew Durland, Doug Dylla, Tom hoard and Joe LaQuatra for their untiring efforts on the ordi- nance. fie said they had attended no less than 6 meetings of the Charter 6 Ordinance Committee beginning late last summer. 342 _12- March S, 1986 BUDGET AND ADMINISTRATION COMMITTEE: Radio Equipment Stan ar ization By Alderperson Dennis: Secon ed by Alderperson Schlather WHEREAS, this Common Council has been requested by the City of Ithaca Police Department to standardize on Motorola radio equipment as the type of equipment to be used in the City of Ithaca, and to authorize the City to purchase approved equipment from the manu- facturer, or a representative thereof, and WHEREAS, it is deemed to be in the best interest of the City for reasons of efficiency, compatability and economics to approve such standardization for the following reasons: 1. The City of Ithaca Police Department presently has all Motorola radio equipment and radio console. 2. This action will minimize the inventory of repair parts which would have to be maintained for the service of said radio equipment. 3. Labor cost for maintenance and service of a standard type of equipment will be less than if required to service several different types of equipment. 4. Present Motorola radio equipment has been satisfactory to the uses of the City of Ithaca Police Department. S. Standardization provides the need for only one service contract for its entire radio system, whereas additional contractual agreements would be required for other types of equipment; now, therefore, be it RESOLVED, That pursuant to Sectio Municipal Law of the State of New authorizes the standardization of type of such equipment to be used Police Department during the year n 103, Subdivision 5 of the General York, this Common Council hereby Motorola Tadio equipment as the and purchased by the City of Ithaca 1986. Carried Unanimously Voice Scrambler Equipment Standardization Icy Alderperson Dennis: Seconded by Alderperson Schlather 11.HEREAS, This Common Council has been requested by the City of Ithaca Police Department to standardize on Controlonics voice equipment as the type of equipment to be used in the City of Ithaca, and to authorize the City to purchase approved equipment from the manufac- turer, or a representative thereof, and WHEREAS, it is deemed to be in the best interest of the City, for reasons of efficiency, compatability and economics, to approve such standardization for the following reasons: 1. The City of Ithaca Police Department presently has Controlonics voice scrambler equipment installed in the mobile units and the main communication desk. 2. Compatability is not possible with other brands of voice scrambling equipment. 3. The cost of maintenance, parts and service will be less than if different types of equipment were being used; now, therefore, be it RESOLVED, That pursuant to Section 103, Subdivision S of the General Municipal Law of the State of New York, this Common Council hereby author=izes the standardization of Controlonics equipment as the type of such equipment to be used and purchased by the City of Ithaca Police Department during the year 1986. Carried Unanimously Water Plant Operator Trainee By Alderperson Dennis: Seconded by Alderperson Hoffman RESOLVED, That the 1986 Authorized Personnel Roster of the Water and Sewer Department be increased by 1 Water Plant Operator Trainee -13- March 5, 1986 34:3 ;position, as requested by the Board of Public Works. Discussion followed on the floor. Tabling Resolution By Alderperson Schlather: Seconded by Alderperson Haine RESOLVED, That the item be tabled for one month until the department and union study the scheduling problem to see if they can resolve the problem without hiring another employee. Carried Unanimously Alderperson Killeen requested that Hazel Best -Shaw convey the informa- �i.on to the department and union. Funding for Renovation of Hall of Justice By Alderperson Dennis: Seconded by Alderperson Schlather RESOLVED, That $15,000 be transferred from the General Fund Contingency Account A1990, to Hall of Justice Building Account A1622 -435, Contrac- tual Services, for modifications requested by the Police Department and concurred with by the Board of Public Works. (.� Carried Unanimously �)l Funding for NYSEG Property By Alderperson Dennis: Seconded by Alderperson Killeen WHEREAS, the Common Council, at its November 6, 1985 meeting, 1.1.1 authorized the purchase of certain land owned by the New York State <( Electric and Gas Corporation, and WHEREAS, the City and New York State Electric and Gas Corporation have executed a Purchase Agreement, and WHEREAS, the Public Service Commission approved the sale on February 5) 1986, and (4000� WHEREAS, the total purchase price is $186,000, plus prepaid taxes of $3,861.69, and WHEREAS, $151,000 of Community Development Funds are available to defray the cost; now, therefore, be it RESOLVED, That $38,861.69 be transferred from General Fund Contin- gency Account A1990, to Common Council Account A1010 -435, Contrac- tual Services, as the City share of purchasing this property. Discussion followed on the floor. A vote on the resolution resulted as follows: Ayes (7) - Lytel, Romanowski, Schlather, Killeen, Haine, Booth, Dennis Nays (2) - Hoffman, Peterson Alderperson Cummings was not present when vote was taken. Carried Extension of State and County Tax Warrant By Alderperson Dennis: Seconded by Alderperson Hoffman RESOLVED, That the City Chamberlain be authorized to request the County of Tompkins to extend its Warrant for collection of the 1986 State and County Taxes until June 1, 1986. Carried Unanimously Civil-service--Service Agreement By Alderperso Dennis: Seconded by Alderperson Schlather RESOLVED, That the Mayor and City Clerk be authorized and directed to execute an agreement between the City of Ithaca and the Ithaca City School District for performance by the City of services in connection with Civil Service matters, for the period July 1, 1986 to June 30, 1987, in an amount of $13,401.44, payable to the City of Ithaca on or before November 1, 1986. Carried Unanimously 3�4 -14- March 5, 1986 ikudit By Alderperson Dennis: Seconded by Alderperson Killeen ::ESOLVED, That the bills audited and approved by the Budget and Administration Committee, in the total amount of $18,278.77, as listed on Audit Abstract #4/1986, be approved for payment. Discussion followed on the floor. A vote on the resolution resulted as follows: Carried Unanimously De ut City Clerk Search Committee By Alderperson Dennis: Secon e y Alderperson Schlather I';HEREAS, the City of Ithaca's Charter and Code, Section 2.27, para- graph 2A, calls for the establishment of an ad hoc selection committee prior to the appointment of individuals to fill specific positions identified in this section of the Charter, and WHEREAS, the position of Deputy City Clerk is one such position and will become vacant on the effective date of the City Clerk's appointment, and WHEREAS, the Charter also calls for three members of the Common Council to be selected by the Council, to sit as voting members of the ad hoc selection committee; now, therefore, be it RESOLVED, That the Common Council selects the following members of Council to sit on the ad hoc selection committee for the position of Deputy City Clerk: Alderperson D. Lytel Alderperson C. Peterson Alderperson D. Hoffman Carried Unanimously HUMAN SERVICES COMMITTEE: Community Relations Training for Police Department By Alderperson Peterson: Seconded by Alderperson Killeen WHEREAS, the Human Services Committee believes that it is important to have ongoing and consistent Community Relations training for the Police Department, and WHEREAS, it is important to resume training in as timely a manner as possible, and WHEREAS, there are options available to the City at no cost to assess the training needs specific to the City of Ithaca and to create a program, therefore, be it RESOLVED, That the City of Ithaca move forward on Community Relations training for the Police Department by directing the Mayor to invite a representative of the U.S. Department of Justice to explore with the Police Department, the Community Police Board, and the Human Services Committee how the City can best continue that training. Discussion followed on the floor. A rote on the resolution resulted as follows: Carried Unanimously Revenue Sharing Criteria Alderperson Peterson reported that the committee will be revising some of the criteria which goes to the Human Services Coalition at their next meeting. If anyone has any suggestions they should con- tact the committee. At that meeting the Human Services Coalition will present the first steps of the report on analysis of the loss of revenue sharing money and how it will impact the city. REPORT OF SPECIAL COMMITTEES AND COUNCIL LIAISONS: Joint Town /City Fire Services Master Planning Committee Alderperson Killeen reported t at the Fire Services Master Planning Committee will meet to consider the final draft on March 11, 1986 J T) <i -is- March 5, 1986 345 at 7:30 p.m. at the Town Ball. Everyone is welcome. He hopes to get this report to the Council and committees in April. UNFINISHED AND MISCELLANEOUS BUSINESS: idderperson Hoffman commented that he believes, for historical accuracy and completeness, the record should reflect the results of the unofficial meeting of the Committee of the Whole of February 17, 1986. He asked for suggestions. After discussion, it was decided that a record of the meeting should be given to City Clerk Paolangeli to be placed on the agenda of the April Council meeting for approval, and that the proposed report of Alderperson Hoffman be attached to the Minutes of the March 5, 1986 meeting. Executive Session By Alderperson Dennis: Seconded by Alderperson Booth RESOLVED, That the Council adjourn into Executive Session for the purpose of discussion of litigation concerning two city employees, and to discuss the report of CSEA mediation. Carried Unanimously ADJOURNMENT: The Regular session adjourned at 11:25 p.m. at which time the Council adjourned into Executive session. Callista F. Paolange i, City Clerk UNFINISHED & MISCELLANEOUS BUSINESS - COMMON COUNCIL MEETING - (moo", MARCH S, 1986 Record of Committee of the Whole iMeetin An unofficial meeting of the Committee of the Whole, called by Mayor Gutenberger occurred on February 17, 1986 and was attended by all members of Council. At that meeting, the Playor outlined a proposal to which he and County Board Chair Mary Call agreed, for the relocation of the County Department of Social Services to City Hall. Under the proposal, the City would agree to sell City Hall and its Annex (and the land they occupy) to a third party for at least $600,000 contingent upon the third party guaranteeing a long -term lease to DSS. If the composite federal and state reimbursement rate for functions of the DSS should change from its present level of 710, the local impact of such a change would be shared - 6So by the City and 3So by the County. The Mayor requested that the Committee of the Whole take a vote on this proposal, so that the County Board could consider (400" the concept at its February 18 meeting. An amendment that would have changed the local coverage of lost reimbursement to 3So City, 6So County was defeated, S -6. The Committee of the Whole then voted 8 -2 in favor of the Mayor's proposal.