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Home My WebLink AboutMN-CC-1987-01-0789 COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 7:30 P.M. January 7, 1987 PRESENT: Mayor - Gutenberger Alderpersons (10) - Booth, Cummings, Dennis, Haine, Hoffman, Killeen, Lytel, Peterson, Romanowski, Schlather Charter and Ordinance Alderperson Scrilather Family Unit) could be the reason being that a chance to formally them. Committee advisee —the Council that Item C (Functional discussed but not acted upon that evening, the Planning and Development Board had not had review the ordinance which had been referred to Special Committees and Council Liaisons Alderperson Killeen requested addition of a Report from the Stewart Park Advisory Group. No Council person objected. Executive Session Mayor Guten erger commented that he wished to call for an Executive Session at the end of the regular meeting to discuss contract negotiations. COMMON COUNCIL'S APPOINTMENTS: Acting Mayor Mayor Gutenberger entertained nominations from the floor for the position of Acting Mayor. Alderperson Haine nominated Alderperson Sean Killeen for the position and her nomination was seconded by Alderperson Cummings. No other nominations being offered, the nominations were declared closed. OTHERS PRESENT: City Attorney - Nash (600, City Controller - Spano Dep. Controller - Cafferillo City Clerk - Paolangeli Dir., Planning � Development - Van Cort Dep. Dir., Planning � Development - Mazzarella Supt. of Public Works - Dougherty Fire Chief - Olmstead Building Commissioner - Hoard Police Chief - Herson City Rep. T.C. Bd. of Representatives - Nichols Comm. of Public Works - Nichols Iq LO Z PLEDGE OF ALLEGIANCE: Mayor Guten erger led all present in the Pledge of Allegiance to m the American flag. Q MINUTES: Approval of Minutes of December 3, 1986 Meeting By Alderperson Schlather: Seconded by Alderperson Romanowski RESOLVED, That the Minutes of the December 3, 1986 meeting of Council be approved as published. Carried Unanimously ADDITIONS TO OR DELETIONS FROM THE AGENDA: (4000, Budget and Administration Committee two items to the agenda: Alderperson Dennis requested addition of 1) Item R, Personnel Administrator's salary 2) Election of Acting Mayor and Alternate Acting Mayor No Council person objected. Charter and Ordinance Alderperson Scrilather Family Unit) could be the reason being that a chance to formally them. Committee advisee —the Council that Item C (Functional discussed but not acted upon that evening, the Planning and Development Board had not had review the ordinance which had been referred to Special Committees and Council Liaisons Alderperson Killeen requested addition of a Report from the Stewart Park Advisory Group. No Council person objected. Executive Session Mayor Guten erger commented that he wished to call for an Executive Session at the end of the regular meeting to discuss contract negotiations. COMMON COUNCIL'S APPOINTMENTS: Acting Mayor Mayor Gutenberger entertained nominations from the floor for the position of Acting Mayor. Alderperson Haine nominated Alderperson Sean Killeen for the position and her nomination was seconded by Alderperson Cummings. No other nominations being offered, the nominations were declared closed. 90 -2- January 7, 1987 A vote on the nomination of Alderperson Killeen carried. Alderperson Killeen took the Oath of Office and was sworn in by the City Clerk. Alternate Acting Mayor Mayor Gutenberger entertained nominations from the floor for the position of Alternate Acting Mayor. Alderperson Cummings nominated Alderperson Peggy Haine for the position and her nomination was seconded by Alderperson Schlather. Alderperson Haine declined acceptance of the nomination. Alderperson Haine nominated Alderperson Schlather for the position and her nomination was seconded by Alderperson Killeen. No other nominations being offered, the nominations were declared closed. A vote on the nomination of Alderperson Schlather carried 9 -1, Alderperson Schlather opposed. Alderperson Schlather took the Oath of Office and was sworn in by the City Clerk. COMMUNICATIONS: City Clerk Paolangeli presented the following communications: Letter from Alderperson Sean Killeen I would ask that you read this letter into the minutes of the next regularly scheduled meeting of the Common Council. I hope this will mitigate the character damage achieved by the statement of one Jacki Brooks, 804 N. Aurora St., Ithaca, read into the December 3, 1986 Common Council meeting minutes. As you know, I hold a currently valid, perpetually displayed handi- capped parking permit ( #267, issued in April 1984 by your office). By copy of this letter to Jacki Brooks, I am formally requesting (after repeated and rebuffed informal attempts) that she retract her calumnious and libellous statement of December 3, 1986 in regard to me. Thank you. Sincerely, Sean Killeen cc: J. Brooks" Letter from Mr. and Mrs. Larry Driscoll, 221 Prospect St., Ithaca N.Y "Regarding the proposed zoning ordinance: Common Council has been working on this ordinance for a year. What a waste of taxpayer's money! This ordinance will "broaden" the mean- ing of a "functional family unit." They want to tell us that only certain people may live in certain designated areas of the city. Sounds like discrimination to us. Also, to be a "family" you must provide proof! Yes, comrades, you must prove you are a family, rp ove you live in the same house, have common ownership of household items, you must have school_ age children enrolle In local i sc o —� ol, s proof of local employment'. Give me a rea ! If we wanteT to live n Russ we'd move! We say let the Common Council enforce the existing zoning, laws. Don't waste their time and our money on zoning changes like these. If they really want to help the family, let them enforce the Blue Laws so families can be together 7 days a week, instead of working 7 days a week. It is obvious that the Common Council has forgotten who put them where they are and who they are supposed to represent! It will be a cold day (you know where) before we vote to re -elect our Common Council members. They are taking our rights away bit by bit. Remember the Weatherization Ordinance they passed to have all home- owners weatherize or be forced to pay a fine! Yes, Common Council passes it'. Next they will be setting up a KGB! We as native Itiacans 91 January 7, 1987 are disgusted and outraged to think the Common Council could go so far! We are sending a copy of this letter to the Journal in the hope that other citizens will wake up and see what Common Council is up to." PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: Coalition for Improve Roa s Merrill Shipherd, Box 232, Etna, N.Y., on behalf of the Coalition for Improved Roads (about 20 members of the Coalition were present), invited the Council to attend their next meeting on January 15, 1987 at the VFW, at 7:30 p.m., at which time there will be a round table group which will include some members of Council and persons with an (aw", interest in ecology and concern for the downtown business area. Edward A. Schano, S13 Dryden Road, spoke in support of Mr. Shipherd and the Coalition for Improved Roads and urged Council members who are able to attend the Coalition's next meeting. Handicap Parking Jacci Brooks, 6U4 N. Aurora Street, presented the following: "The repeated attempts to contact me, Mr. Killeen, was badgering my �. husband at his job in which he had to go to the Mayor, John Gutenberger, LD to put a stop to it. You made no attempt to contact me. It was not my intent, nor did I, slander or libel your character, Mr. �] Killeen, as we all know slander is the utterance of a false statement. Q What I said was the truth. Your sticker was not in view, as also observed by several witnesses. My intent was only to illustrate the fact that you obviously don't need a handicap parking permit now as evidenced by the fact you walk without a limp or the aid of appliances, you don't seem to be out of breath and you have been witnessed many times parking in the upper level of the Seneca Street Ramp where handicap access is unavailable. My intent is to curb the abuses of a handicap parking permit and if (600", I may enlighten you - a government official usually escapes minor rules and regulations. Maybe you, Mr. Killeen, can enlighten the public." Proposed Zoning Changes on East Hill C ristopher Anagnost, 6U4 College Avenue, asked questions regarding the East Hill zoning proposal that is on tonight's council agenda. Alderperson Cummings responded. Route 96 Vernon Gambrell, 3S7 Snyder Hill Road, producer of Octopus Perspective and Controversy which occurs on Channel 13 Tuesdays at 8:00 p.m. for one -half hour, invited council members and the Mayor to participate in the program and /or reply to citizens' questions on Overpass Solution C arising from panel discussions. The program is attempting to provide information to the public. Alderperson Dennis reported that he and Alderperson Killeen had attended one of the panel discussions, thought it very worthwhile, and urged other council members to attend the sessions. Snow Removal Kenneth Bangerter, 120 Columbia Street, spoke to the council regarding (Wooe, the clearing of ice and snow from the 100 block of Columbia Street between Turner Place and South Aurora Street. Proposed Zoning Changes John Jo nson, E. State Street, representing Bryant Park Civic Association of East Hill, spoke to the council in support of the proposed zoning changes on the agenda and expressed the hope that the effort will not stop at East Hill, but will continue in other areas of the city. _q_ January 7, 1987 REPORT OF BOARD OF REPRESENTATIVES: City Representative Ethel Nichols reported to the Council on the following matters from the Board of Representatives: 1) Negotiations with CSEA are at impasse. The mediator from Binghamton is expected to come and file a report later in the month. 2) The problem that delayed completion of the jail (the unbalanced heating system) has been solved and the building will probably be finished in February. However, the Sheriff expects to take at least • month in rearranging his staff, rearranging the program, having • dry run on the use of the building, etc. Therefore the move is not scheduled until late March or early April. .,a) 3) The project of placement of a light at the entrance to the hospital on Route 96 has stalled because the state claim they didn't get the federal funding and so don't have money to pay for the light. 4) On the 26th of January the second meeting of the East Ithaca Traffic Group will take place. Several council members attended the first meeting which was in response to a visit to the County Planning and Development Committee by a group of residents of the Ithaca Road area. These people had heard that the county had shelved the plan for an East Ithaca connector running in the area of Pine Tree and Judd Falls Roads to alleviate the traffic on E. State and Mitchell Streets. The county'!.s planning staff is conducting studies of that traffic and this committee should come in with recommendations soon. Rep. Nichols responded to questions of the council regarding the delay in completing the new jail, who is responsible for the delay, and penalty clause. Rep. Nichols also responded to a question about the armory, saying that the State is funding it, land was given by David Abbott near Indian Creek. Construction is proceeding, the State of New York is in charge of the entire project. 'Mayor Gutenberger thanked Rep. Nichols for her report and asked her to relay his and council's congratulations to chairman Call on her reelection. MAYOR'S APPOINTMENTS: Personnel Administrator Mayor Gutenberger appointed William Baker to the position of Personnel Administrator, appointment to take effect January 19, 1987. BUDGET AND ADMINISTRATION COMMITTEE: By Al erperson Dennis: Seconded y Alderperson Cummings RESOLVED, That the 1987 salary of William Baker, Personnel Administra- tor, be established at $35,048, effective January 19, 1987. Carried Unanimously Mr. Baker took the Oath of Office and was sworn in by the City Clerk. MAYOR'S APPOINTMENTS: Standing Committees of Common Council - 1987 Mayor Gutenberger reappointed the Standing Committees and the Liaison appointments of Common Council as in expire December 31, 1987. Budget and Administration James Dennis, Chair Daniel Hoffman, Vice Chair Raymond Schlather Sean Killeen Susan Cummings Human Services of Common Council 1986, terms to Carolyn Peterson, Robert Romanowski, Daniel Hoffman Richard Booth Sean Killeen Chair Vice Chair 93 - 5- Planning and Development Susan Cummings, Chair Peggy Haine, Vice Chair Carolyn Peterson James Dennis David Lytel .January 7, 1987 Intergovernmental Relations Mayor Guten erger, Chair James Dennis Susan Cummings Raymond Schlather Carolyn Peterson Raymond Schlather Robert Romanowski Carolyn Peterson Daniel Hoffman Sean Killeen Richard Booth Peggy Haine David Lytel Susan Cummings Carolyn Peterson Peggy Haine Sean Killeen Richard Booth Daniel Hoffman James Dennis Appointments Not Requiring Approval of Common Council Mayor Gutenberger made the following reappointments for terms to expire on December 31, 1989 (3 -year terms): Affirmative Action Advisory Committee (Wooe Francis Eastman, 302 South Plain Street Diana Pogson, 105 Crescent Place Examining Board of Plumbers Claude Colleyacme, 312 Esty Street R. Jack Bacon, 110 West Falls Street William McGee, 111 Cobb Street Planning and Development Board Susan Blumenthal, 117 Pearsall Place Martin Sampson, 107 Ridgedale Road Board of Zoning Appeals Charles Weaver, 221 Linn Street Herman Sieverding, 11.4 Monroe Street Youth Bureau Advisory Board Carol Seligmann, 115 Eastwood Terrace Mayor Gutenberger asked for concurrence of the Council. Resolution By Alderperson Killeen: Seconded by Alderperson Schlather RESOLVED, That the Common Council concurs with the reappointments as presented by Mayor Gutenberger. Carried Unanimously Susan Blumenthal, 117 Pearsall Place, took the Oath of Office and was sworn in by the City Clerk. Appointments Re uiring Approval of Common Council Acting City Ju ge Mayor Gutenberger requested approval of the Council for reappoint- ment of M. John Sherman, 205 Hillview Place, to the position of Acting City Judge for a term of 1 year to expire December 31, 1987 Charter and Ordinance Raymond Sc lat er, C air Richard Booth, Vice Chair David Lytel Peggy Haine Robert Romanowski Liaison Appointments -I. Fire Appeals Board Human Services Coalition Board of Public Works Circle Greenway Recycling Task Force Commons Advisory Board E.O.C. LO Planning Board Conservation Advisory Council (�] T.C.A.D. Q R.S.V.P. Youth Bureau Advisory Board Ithaca Landmarks Preservation Comm. Energy Commission .January 7, 1987 Intergovernmental Relations Mayor Guten erger, Chair James Dennis Susan Cummings Raymond Schlather Carolyn Peterson Raymond Schlather Robert Romanowski Carolyn Peterson Daniel Hoffman Sean Killeen Richard Booth Peggy Haine David Lytel Susan Cummings Carolyn Peterson Peggy Haine Sean Killeen Richard Booth Daniel Hoffman James Dennis Appointments Not Requiring Approval of Common Council Mayor Gutenberger made the following reappointments for terms to expire on December 31, 1989 (3 -year terms): Affirmative Action Advisory Committee (Wooe Francis Eastman, 302 South Plain Street Diana Pogson, 105 Crescent Place Examining Board of Plumbers Claude Colleyacme, 312 Esty Street R. Jack Bacon, 110 West Falls Street William McGee, 111 Cobb Street Planning and Development Board Susan Blumenthal, 117 Pearsall Place Martin Sampson, 107 Ridgedale Road Board of Zoning Appeals Charles Weaver, 221 Linn Street Herman Sieverding, 11.4 Monroe Street Youth Bureau Advisory Board Carol Seligmann, 115 Eastwood Terrace Mayor Gutenberger asked for concurrence of the Council. Resolution By Alderperson Killeen: Seconded by Alderperson Schlather RESOLVED, That the Common Council concurs with the reappointments as presented by Mayor Gutenberger. Carried Unanimously Susan Blumenthal, 117 Pearsall Place, took the Oath of Office and was sworn in by the City Clerk. Appointments Re uiring Approval of Common Council Acting City Ju ge Mayor Gutenberger requested approval of the Council for reappoint- ment of M. John Sherman, 205 Hillview Place, to the position of Acting City Judge for a term of 1 year to expire December 31, 1987 94 -6- January 7, 1987 Resolution By Alderperson Dennis: Seconded by Alderperson Schlather RESOLVED, That this Council approves the reappointment of M. John Sherman to the position of Acting City Judge for a term to expire December 31, 1987. Carried Unanimously Board of Public Works Mayor Gutenberger requested approval of the Council for reappoint- ment of Benjamin Nichols, 1.09 Llenroc Court, to the Board of Public Works for a three -year term to expire December 31, 1989. Resolution By Alderperson Hoffman: Seconded by Alderperson Schlather RESOLVED, That this Council approves the reappointment of Benjamin Nichols to the Board of Public Works for a term to expire December 31, 1989. Carried Unanimously O Mr. Nichols took the Oath of Office and was sworn in by the City Clerk. Mayor Gutenberger requested approval of the Council for reappointment of Charlotte Stone, Nates Floral Estates, to the Board of Public Works for a three -year term to expire December 31, 1989. Resolution By Alderperson Haine: Seconded by Alderperson Romanowski RESOLVED, That this Council approves the reappointment of Charlotte Stone to the Board of Public Works for a term to expire December 31, 1989. Alderperson Hoffman objected to the reappointment without further discussion by the Council. Tabling Resolution By Alderperson Schlather: Seconded by Alderperson Cummings RESOLVED, That the reappointment of Charlotte Stone be tabled for discussion by the Council. A vote on the Tabling Resolution resulted as follows: Ayes (6) - Schlather, Lytel, Cummings, Haine, Peterson, Hoffman Nays (4) - Booth, Dennis, Killeen, Romanowski Carried Mayor Gutenberger expressed the hope that the persons having questions contact the candidate personally and discuss same. Community Police Board Mayor Gutenberger requested approval of the Council for reappointment of David Wallace, 1102 East State Street, to the Community Police Board for a three -year term to expire December 31, 1989. Resolution By Alderperson Dennis: Seconded by Alderperson Haine RESOLVED, That this Council approves the reappointment of David Wallace to the Community Police Board for a three -year term to ex- pire December 31, 1989. Carried Unanimously Design Review Board Mayor Gutenberger requested approval of the Council for reappointment of Val Kevin Warke, S Library Street, Dryden, N.Y., to the Design Review Board for a three -year term to expire December 31, 1989. Resolution By Alderperson Haine: Seconded by Alderperson Killeen RESOLVED, That this Council approves the reappointment of Val Kevin Warke to the Design Review Board for a three -year term to expire December 31, 1989. Carried Unanimously 19 95 -7- January 7, 1987 Examining Board of Electricians Mayor Gutenberger requested approval of the Council for reappointment of Carl Carpenter, 241 Elm Street, to the Examining Board of Elec- tricians for a three -year term to expire December 31, 1989. Resolution By 1 erperson Haine: Seconded by Alderperson Killeen RESOLVED, That this Council approves the reappointment of Carl Carpenter to the Examining Board of Electricians for a term to expire December 31, 1989. Carried Unanimously Conservation Advisor Council Mayor Guten erger requeste approval of the Council for reappointment of John Semmler, 30S Fairmount Avenue, and Stephen Baker, 221 Stewart Avenue, to the Conservation Advisory Council for two -year terms to expire December 31, 1988. Resolution By Alderperson Peterson: Seconded by Alderperson Killeen RESOLVED, That this Council approves the reappointment of John �. Semmler and Stephen Baker to the Conservation Advisory Council for two -year terms to expire December 31, 1988. LD Carried Unanimously Board of Appeals on Building Code m Mayor Gutenberger requested approval of the Council for reappointment Q of Jonathan Cottrell, 110 Columbia Street, to the Board of Appeals on Building Code for a three -year term to expire December 31, 1989. Resolution By Alderperson Schlather: Seconded by Alderperson Killeen RESOLVED, That this Council approves the reappointment of Jonathan Cottrell to the Board of Appeals on Building Code for a three -year term to expire December 31, 1989. Carried Unanimously Commons Advisory Council Mayor Gutenberger requested approval of the Council for reappointment of the following persons to the Commons Advisory Board for two -year terms to expire December 31, 1988: Agdd Osborn, 303 North Aurora Street Jon Crispin, 141 The Commons Abdul Sheikh, 171 The Commons John Miller, Iszards, The Commons Earl Hayes, 11S East Green Street Resolution By Alderperson Haine: Seconded by Alderperson Cummings RESOLVED, That this Council approves the reappointment of Agda Osborn, Jon Crispin, Abdul Sheikh, John Miller and Earl Hayes to the Commons Advisory Council for two -year terms to expire December 31, 1988. Carried Unanimously Ithaca Landmarks Preservation Commission Mayor Gutenberger requested approval of the Council for reappointment of Alex Skutt, 106 North Aurora Street to the Ithaca Landmarks Preservation Commission for a three -year term to expire December 31, 1989, Resolution By Alderperson Hoffman: Seconded by Alderperson Booth RESOLVED, That this Council approves the reappointment of Alex Skutt to the Ithaca Landmarks Preservation Commission for a three -year term to expire December 31, 1989. Carried Unanimously Local Advisory Board of Assessment Review (Common Council appointment By Al erperson Killeen: Seconded by Alderperson Sc lat er RESOLVED, That Jean Spitzer, 112 Orchard Place, be reappointed to the Local Advisory Board of Assessment Review for a one -year term to expire December 31, 1987. 961 moll Discussion followed on the floor. January 7, 1987 A vote on the resolution resulted as follows: Carried Unanimously Local Advisor Board of Assessment Review Mayor Guten erger requested approval of the appointment of John L. Russell, 310 Warren Place to the Local Advisory Board of Assessment Review for a one -year term to expire December 31, 1987. Resolution By Alderperson Haine: Seconded by Alderperson Romanowski RESOLVED, That this Council approves the appointment of John L. Russell to the Local Advisory Board of Assessment Review for a one - year term to expire December 31, 1987. Carried Unanimously Ithaca Urban Renewal Agency Mayor Guten erger requested approval of the appointment of William C. Bennett, 431 South Geneva Street, to the Ithaca Urban Renewal Agency to replace Stewart Stein who resigned. Resolution By Alderperson Cummings: Seconded by Alderperson Romanowski RESOLVED, That this Council approves the appointment of William C. Bennett to the Ithaca Urban Renewal Agency to replace Stewart Stein who resigned. There having been a referral to the Planning and Development Committee at the December 3, 1986 meeting requesting review of terms of office of the Agency, Alderperson Cummings asked to report the committee's recommendations at this time. She reported that the committee, by a vote of 3 -1, recommended continuing the existing system. Alderperson Schlather commented that it is his understanding that the existing system provides that the members of the Ithaca Urban Renewal Agency serve at the pleasure of the Mayor. He asked City Attorney Nash to report on his review of the matter. City Atty. Nash reported that the members, once appointed, have no fixed term, but serve for an indefinite period. They can only be replaced if the Mayor decides to replace them and another member is nominated by the Mayor and approved by the Council. They are then replaced by that process. Alderperson Schlather asked "if Council does not approve a successor, does the individual who is being replaced continue to serve ?" Atty. Nash responded "yes." Alderperson Booth asked if it is the City Attorney's interpretation that the state and federal rules apply here, that Council may not set a term. City Atty. Nash responded that the Ithaca Urban Renewal Agency is established by state legislative action and the state legislature provides rules for the operation of the IURA. He said it is his feeling that only the state legislature can vary the terms of office and the procedures for replacing members. It was a Special Act of the state legislature which established the agency and there are other provisions which provide the rules by which all agencies will operate. Some of the rules were changed by an amendment of state law in 1975. Formerly two - thirds of Council were required for approval and that was reduced to a simple majority of members for approval. Alderperson Peterson commented that she would like to have had a closer review of the change of direction of the agency. After further discussion a vote on the resolution resulted as follows: Ayes (7) - Cummings, Dennis, Haine, Killeen, Lytel, Romanowski, Schlather Nays (3) - Booth, Hoffman, Peterson Carried -9- January 7, 1987 9'7 Board of Public Works Mayor Guten erger requested approval of the Council for appointment of Joseph Daley, 218 South Albany Street, to the Board of Public Works for a two -year term expiring December 31, 1988 to fill the unexpired term vacated by Marc Albanese. Resolution By Alderperson Dennis: Seconded by Alderperson Haine RESOLVED, That this Council approves the appointment of Joseph Daley to the Board of Public Works for a term expiring December 31, 1988 (600'� to fill the unexpired term vacated by Marc Albanese. Carried Unanimously Affirmative Action Advisory Committee Mayor Gutenberger requested approval of appointment of Jean McPheeters, Bailor Road, Brooktondale, N.Y. to the Affirmative Action Advisory Committee for a two -year term to expire December 31, 1988 to fill the unexpired term vacated by Matthew Hamill. Resolution By Alderperson Dennis: Seconded by Alderperson Haine d- RESOLVED, That this Council approves the appointment of Jean McPheeters LO to the Affirmative Action Advisory Committee for a term to expire = December 31, 1988 to fill the unexpired term vacated by Matthew Hamill. Carried Unanimously m < Board of Appeals on Building Code Mayor Gutenberger requested approval of appointment of Douglas Look, 419 East Buffalo Street, to the Board of Appeals on Building Code for a two -year term to expire December 31, 1988 to fill the unexpired term vacated by Dennis Meek. Resolution By Alderperson Killeen: Seconded- by Alderperson Dennis RESOLVED, That this Council approves the appointment of Douglas Look to the Board of Appeals on Building Code for a term to expire December 31, 1.988 to fill the unexpired term vacated by Dennis Meer. Carried Unanimously CITY ATTORNEY'S REPORT: Cornell Heights Case City Atty. Nash reported that he had provided a memo on the Cornell Heights Zoning Case to the Council and offered to answer questions if they had any. Alderperson Cummings commented that it is her understanding that it needs to be referred to the Charter and Ordinance Committee for some alterations of the existing ordinance with regard to the issue of need and asked if it should be dealt with immediately. Atty. Nash answered that it should be dealt with as soon as is practicable; Chairperson Schlather has a copy of the decision and the committee can probably address that. Alderperson Schlather commented that he had talked to Asst. City Atty. Bennett and as a result the suggestion was made that the council send a directive to the Board of Zoning Appeals that when considering special permit applications, until the changes are made, they comply with the Cornell Heights decision which says we can't consider need when considering educational uses. Six Mile Creek Accident Alderperson Hoffman asked if there had been any legal developments in the accident at the pipe line project on Six Hile Creek. City Atty. Nash responded that he has been contacted by an attorney who represents the deceased estate about the possibility of filing a claim against the city. No formal claim has been filed as yet. He referred the matter to the insurance carrier who wrote telling them that if they want to file a claim to do it within 90 days. 94 -10- January 7, 1987 Alderperson Hoffman asked if there is any reason the city or committee can't discuss what happened there or anything connected with that. Atty. Nash responded that if it is going to be a source of litigation and a lawsuit, probably any reports or discussions regarding what happened and how it happened, especially if they are developed for the purpose of trying to understand what happened and possibly defend- ing the lawsuit, may be privileged material we may not want to dissemi- nate publicly. He added that the project may be discussed, even if some changes were to be made in the way things are done it would not be an indication that what was done previously was improper. Obvious the project itself has to be completed in some fashion, things have to go on. Recess Council recessed at 9 :00 p.m. and reconvened at 9:20 p.m. HUMAN SERVICES COMMITTEE: Human Services Coalition Work Plan /Recreational Facilities Alderperson Peterson reported that the committee had as e, t_e Human Services Coalition to do an inventory of indoor and out &orh acuities, catalog the facilities that are available to the public for recreation (limited to the city, Towns of Ithaca and Lansing, Ithaca School District, state parks, Cornell and Ithaca College). They indicated they would like the report in February so they can further plan the study and what direction it will go in. Police Department Review Alderperson Peterson reported that in February the Human Services Committee will be meeting with Chief Herson. The council asked for a review of the functions of the officers in the department. They also would like to follow up in the future on the training for police officers, number of police available, management's philosophy of the department, etc. The committee is looking at that as a focus for 1987 Mayor Gutenberger asked that the committee invite the police commis- sioners to the meeting. lie also commented that regardless of what the discussions are in committee, he doesn't want to see the training program bog down. CHARTER AND ORDINANCE COMMITTEE: An Ordinance Amending C_apter 1 Entitled "Partial Tax Exemption" of the City of Ithaca Municipal Co e By Alderperson Schlather: Seconded by Alderperson Romanowski WHEREAS, the Real Property Tax Law of the State of New York has been amended to authorize municipalities to grant increases in the maximum income levels of resident owners of real property sixty -five years of age or older for purposes of securing partial exemption of their resi- dential real property from real property taxation; and WHEREAS, accordingly the Ithaca City Common Council is proposing to raise its maximum income limits to the levels authorized by the State of New York in the manner following: ANNUAL INCOME OF OWNER OR COMBINED ANNUAL INCOME OF OWNERS Up to $12,025 More than $12,025, but less than $12,S2S $12,S2S or more, but less than $13,025 $13,025 or more, but less than $13,S2S $13,S2S or more, but less than $14,025 $14,025 or more, but less than $14,S2S $14,S2S or more, but less than $1S, 02S PERCENTAGE ASSESSED VALUATION EXEMPT FROM TAXATION SO o 4So 400 3Sa 300 2So 200 99 -11- January 7, 1.987 and WHEREAS, it appears that state law now requires a public hearing prior to action by the Ithaca City Common Council on this proposal; now, therefore, be it RESOLVED, That the Ithaca City Common Council does herewith direct that a public hearing will be held on the matter at its next regularly scheduled Common Council meeting to be held in the Common Council Chambers at 108 E. Green Street, Ithaca, New York, third floor, on Wednesday, February 4, 1987 at 7:30 p.m., and it is further RESOLVED, That the Ithaca, New York City Clerk be and she is hereby directed to publish notice of this public hearing as required by law. ORDINANCE NO. 87 - AN ORDINANCE AMENDING CHAPTER 81 ENTITLED "PARTIAL TAX EXEMPTION" OF THE CITY OF ITHACA MUNICIPAL CODE. BE IT ORDAINED AND ENACTED by the Common Council of the LO City of Ithaca, New York, as follows: m Section 1. That Subdivision A of Section 81.1 entitled Q "Partial Tax Exemption For Certain Persons Over 65 Years of Age" of the City of Ithaca Municipal Code, is hereby amended as follows: § 81.1 Partial Tax Emption For Certain Persons Over 65 Years of Aiae A. Pursuant to the provisions of Section 467 of the Real Property Tax Law of the State of New York, real property in the City of Ithaca owned by one or more persons, each of whom is 65 years of age or over, or real property owned by husband and wife, one of whom is 6S years of age or over, shall be partially exempt from taxation by the City based upon the income of the owner or the combined incomes of the owners. Such partial exemption shall be to the extent set forth in the schedule following: ANNUAL INCOME OF OWNER OR COMBINED ANNUAL INCOME OF OWNERS Up to $12,025 More than $12,025, but less than $12,525 $12,525 or more, than less than $1.3,025 $13,025 or more, but less than $13,525 $13,525 or more, but less than $14,025 $14,025 or more, but less than $14,525 $14,S2S or more, but less than $15,025 PERCENTAGE ASSESSED VALUATION EXEMPT FROM TAXATION 50% 45% 40% 3S% 30% 25% 20% The partial exemption provided by this law shall, however, be limited to such property and persons as meet the conditions, exclusions and limitations set forth in Section 467 of the Real Property Tax Law of the State of New York. 100 -12- B. Same January 7, 1.987 Section 2. That Subdivision A of Section 81.2 entitled "Limitations on Exemptions" of the City of Ithaca Municipal Code, is hereby amended as follows: § 81.2 Limitations on exemption No exemptions shall be granted: A. If the income of the owner or the combined income of the owners of the property exceeds the sum of Fifteen Thousand Twenty -Four dollars and Ninety -Nine cent—s 24.99) or the income tax year immediately preceding the date o making application for exemption as consistent with the schedule provided in § 81.1(A). Income tax year shall mean a twelve (12) month period for which the owner or owners filed a federal personal income tax return, or if no such return is filed, the calendar year. Where title is vested in either the husband or the wife, their combined income may not exceed such sum. Such income shall include social security and retirement benefits, interest, dividends, total gain from the sale or exchange of a capital asset in the same income tax year, net rental incime, salary or earnings, and net income from self - employment, but shall not include a return of capital, gifts or inheritances. In computing net rental income and net income from self employment no depreciation deduction shall be allowed for the exhaustion, wear and tear of real or personal property held for the production of income. [Subd. A last amended, Ord. 84 -2, 2/1/841 B. Same C. Same D. Same Section 3. 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. Carried Unanimously Rezoning: Family: SEQR Review (Determination of Non - Significance) By Al erperson Sc lat er: Seconded by Alderperson Boot WHEREAS, the matter of amending the Zoning Ordinance so as to include a definition of functional family unit and related special permit process therein is currently under consideration by this Common Council, and WHEREAS, appropriate environmental review has been conducted, including the preparation of the Short Environmental Assessment Form (SEAF) and the Long Environmental Assessment Form (LEAF), filed in the Clerk's Office, and WHEREAS, it appears that the proposed action (modification of existing zoning law so as to include new definition of functional family unit and related special permit) is an "unlisted" action under the State Environmental Quality Review Act (SEAR), including the Part 617 regulations thereunder, and may be a Type 1 action under the City Environmental Quality Review Act (E.Q.R. § 36.5(B)(5)); and WHEREAS, it appears that the proposed action will not have a significant effect on the environment, and will further the orderly, planned urbanization of all residential zones consistent with the ruling of the Court of Appeals in the so- called Oyster Bay case; now, therefore, be it 0 Iq LD m a -13- January 7, 1987 RESOLVED, That this Common Council, as lead agency in this matter, be and it hereby does adopt as its own the findings and conclusions more fully set forth in the Short Environmental Assessment Form; and it is further RESOLVED, That this Common Council, as lead agency, be and it hereby does determine that the proposed action at issue will not have a significant effect on the environment, and that further environmental review is unnecessary under the circum- stances; and it is further RESOLVED, That this resolution shall constitute notice of this negative declaration and the City Clerk be and she is hereby directed to file a copy of the same, together with the attachments, in the City Clerk's Office and forward the same to the Office of the City Planning Department and any other parties as required by law. Carried Unanimously An Ordinance Amending Chapter 30 Entitled City of Ithaca Municipal Code Family Alderperson Schlat er explained the reason for the definition of a functional family unit and the difference between it and the existing definition of family. He asked that no action be taken on the ordinance until it has been reviewed by the Planning and Development Board who have not yet included it on its agenda. "Zoning" of the Discussion followed on the floor with regard to the best way to present the ordinance to the public to clarify any misconception of what is being proposed. WHEREAS, the definition of "family" within the City of Ithaca Zoning Ordinance has heretofore been limited to groups of persons related by blood or marriage, and WHEREAS, the New York State Court of Appeals has recognized that there are certain groups of persons living together in the same dwelling unit who are unrelated yet are the functional equivalent of a traditional "family" for the purposes of zoning restrictions, and WHEREAS, there are certain areas within the City of Ithaca which should be preserved as quiet, low density, single family of two family residential neighborhoods, and WHEREAS, the presence of groups of persons which are the functional equivalent of a traditional "family" is not inconsistent with the goals of low density residential zoning within the City of Ithaca, and WHEREAS, the Common Council of the City of Ithaca wishes to accommodate such functional equivalents of a traditional "family" while still preserving the characteristics of single and two family residential neighborhoods within the City of Ithaca, and WHEREAS, the various types of such functional equivalents of a family may present differing and unique impacts on single and two family residential neighborhoods for the purpose of zoning considerations; now therefore, be it RESOLVED, by the Common Council of the City of Ithaca, New York, as follows: ORDINANCE NO. 87 - AN ORDINANCE AMENDING CHAPTER 30 ENTITLED "ZONING" OF THE CITY OF ITHACA MUNICIPAL CODE. 101 102 -14- January 7, 1987 BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, New York, as follows: Section 1. That paragraph 28 of subdivision (B) entitled "Specific terms or words" of Section 30.3 entitled "Definitions" of Chapter 30 entitled "Zoning" of the City of Ithaca Municipal Code is hereby renumbered as Section 30.3 (B) 28 -a. Section 2. That a new subparagraph of subdivision B of Section 30.3 entitled "Definitions" of Chapter 30 entitled "Zoning" of the City of Ithaca Municipal Code is hereby added and shall read as follows: "28.b. "Functional Family Unit" shall mean a group of indivicTuals living together in a single dwelling unit an unctioning as a family with respect to those characteristics that are consistent with the purposes of zoning restrictions in residential neiRhborhoods. a. In determining whether or not a group of unrelated individuals is a functional family unit under the definition set forth above, the followinq criteria must be present. 1. The occupants must share the entire dwelling unit. A unit in w is t e various occupants act as separate roomers cannot be deemed to be occupied by a functional family unit. 2. The household must have stability with respect to t o purpose of the zoning ordinance. Evidence of —such stability may include the ollowin2: i. the presence of minor, dependent children regularly residing in the household; ii. proof of the sharing of expenses for food, rent or ownership costs, utilities an other ho—u—s—e-E—o-E& expenses and sharing in t e preparation, storage and consumption 0 00 . iii. whether of not different members of the household have the same address for the purposes of: voter registration; river's licenses; motor vehicle registration; summer or other residences; filing of taxes. iv. common ownership of furniture and appliances among the members of the household—.- ouse o d. V. enrollment of dependent children in local schools. vi. employment of householders in the local area. vii. a showing that the household has been living toget er as a unit for a year or more; whether in the current dwelling unit or other dwellina units. viii. any other factor reasonably related to whether or not the group o persons is the functional equivalent of a amily. c-I Iq LO CO a 103 -]S- January 7, 1987 b. A group of individuals living in the same dwelling unit shall be presumed not to be a Functional Family Unit as de tined in this section i such welling unit contains rour or more colle e students over the age ot 16 years. i. A college student is a person who attends at least halt time any college, university or other institution authorized to confer degrees by t e State o New Yor . ii. For the purpose of this resumption, minor epen ent c ildren of any other member of the household shall be exclude in calculating the number o college students in Elie hou,7e old. C. A group of individuals living together in the same dwelling unit shall be presumed not to be a Functional Family Unit as defined in this section if it is occupied by our or more adults over the age o 18 years and is not occupie y minor, dent children. d. The presum tions set forth in sections (b) and (c) above may e re utte y su icient evi ena) o t e characteristics set ort in section a above." Section 3. Section numbered 30.26 (C) entitled "Special Permits" shall be amended to add a new section numbered Section 30.26 (C) 1 (n) which shall read as follows: "n. Residential occupancy by a Functional Family Unit in all districts to the same extent that resi ential occupancy without a special permit is permitted by a amily in all districts." Section 4. Column 2 of the District Regulations Chart, as made part of Chapter 30 of the City of Ithaca Municipal Code by section numbered 30.25 entitled "District regulations," is hereby amended as follows: a. Column 2, row R -1 containing a list of permitted primary uses for an R -1 district is hereby amended to add a new item numbered 1110" which shall read as follows: 1110. Functional Family Units without any additional occupants see definition Section 30.3 and special permit Section 30.26." b. Item S in Column 2, row [R -1] of permitted primary uses for an R -2 to delete the words "7 -9" and replace "7 -10" to read as follows: "S. Uses [7 -9] 7 -10 under R -1." R -2 containing a list district is hereby amended them with the words C. Item 12 in Column 2, row [R -1] R -3 containing a list of permitted primary uses for an R -3 district is hereby amended to delete the words 117 and 8" and replace them with the words 117 -10" to read as follows: 1112. Uses [7 and 8] 7 -10 under R -1." d. Item 10 in Column 2, row [R -1] R -U containing a list of permitted primary uses for an R -U district is hereby amended to delete the words "7 -9" and replace them with the words 117 -10" to read as follows: 1110. Uses [7 -9] 7 -10 under R -1." Section S. 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. 104 -16- January 7, 1987 Rental of City Property to Non- Profit Organization By Al erperson Schlat er: Seconded y Al erperson Dennis WHEREAS, the City Hall Annex is currently vacant due to the moving of the Department of Social Services to the Biggs Complex, and WHEREAS, an appropriate permanent use of the building has not yet been determined by the City of Ithaca, and WHEREAS, the City of Ithaca desires to make temporary use of the premises pending a more permanent decision, and WHEREAS, it is in the public interest to allow not - for - profit organizations to make use of the premises on a cost basis for not- for - profit purposes, now, therefore, be it RESOLVED, by the Common Council of the City of Ithaca that the Board of Public Works is hereby authorized to license the use of the first floor of the City Hall Annex building to not - for - profit organizations within Tompkins County for license periods not to exceed sixty days each provided that such organizations use the premises for not - for - profit purposes only within normal business hours and provided further that any such use is consistent with Building an Zoning Regulations, and be it further RESOLVED, That the Board of Public Works is authorized to charge a license fee consistent with the costs of such use to the City of Ithaca, and be it further RESOLVED, That any such revoked without advance and without the need to by resolution of either Council. Discussion followed on license issued may be immediately notice to such not - for - profit organization state any reasons therefore whatsoever the Board of Public Works or Common the floor. A vote on the resolution resulted as follows: Carried Unanimously Civil Service /Personnel Consolidation Al erperson Sc lat er presented the following report: The Charter and Ordinance Committee, with the assistance of the Civil Service secretary and the City Clerk's office, contacted several jurisdictions concerning their respective practices relative to Personnel and Civil Service functions. Of the nine municipalities contacted, six responded. There is no discernible pattern of practice and custom in this area. Specifically, some municipalities are structured in the same manner as Ithaca (a Civil Service secretary separate and distinct from the Personnel Director). Some municipalities use the county Civil Service secretary for its Civil Service functions; some municipalities combine the Civil Service functions with the Personnel function in the Personnel Admin- istrator; and some municipalities combine the Civil Service function with the Personnel function in the Civil Service secretary. There is no legal impediment to consolidation of the Civil Service function and the Personnel function. The law only requires that once a Civil Service Commission has been estab- lished (as we have in Ithaca) the Commission itself may not be abolished without public referendum, a one -year waiting period and other requirements. The functions of the Civil Service secretary may be relegated to whatever individual or entity as is desirable and acceptable to the municipality 105 -17- January 7, 1.987 itself. Thus, for instance, in Elmira the Civil Service secretary is an attorney appointed in the exempt class; in Cortland the functions of the Civil Service secretary for the city are handled by the county's Department of Personnel; in PLattsburgh the Civil Service secretary handles not only the Civil Service functions, but also the Personnel functions in lieu of a Personnel Director; and in Batavia there is no Civil Service secretary nor a Personnel Officer; Civil Service is handled through the County Personnel office; Personnel is handled through the City Administrator's office. (6wov Auburn's system is similar to our's. Under the circumstances the committee reports the foregoing. The Charter Revision Commission recommended that the functions of the Civil Service secretary in Ithaca be consolidated with the functions of the Personnel Office. Under the circum- stances, the recommendations of the Charter Revision Commission can be readily implemented by a simple resolution of Common Council. The outstanding question is whether or not there rl should be a reduction in personnel as a result of such I. consolidation. The Charter and Ordinance Committee has not LD completed its investigation on this issue. S PLANNING AND DEVELOPMENT COMMITTEE: (n Cherry Street Industrial Park - Prospective Tenant Q Al erperson Cummings reported that IURA, Planning and Development Board and Planning and Development Committee have met with representatives of Rock Stream Studios who are interested in leasing one acre of land in Cherry Street Industrial Park. It is a firm which custom assembles manufacturer's rather elaborate sculptures for display and use in supermarkets, airports, bus stations, etc. It will come before Council in February for final lease approval. Helen Jones can answer any questions. The firm will ultimately employ around 1S (Wore employees and looks to be an attractive addition to Industrial Park. Planning and Development Department Work Program By Alderperson Cummings: Seconded by Alderperson Lytel WHEREAS, the City of Ithaca Administrative Code provides for the approval of the Annual Work Program of the Department of Planning and Development by both Common Council and the Planning and Development Board, and WHEREAS, the Planning and Development Board approved the proposed 1987 Work Program at their meeting on December 16, 1986; now, therefore, be it RESOLVED, That Common Council hereby approves and adopts the 1987 Work Program for the Department of Planning and Development. Discussion followed on the floor. Alderperson Booth remarked that in going through the Work Program one major thing struck him. It appears that the time allocated to our two ongoing hydro projects in this document is far in excess of what could be reasonably anticipated this year. He thinks it would be more realistic to allocate that time some place (two.' else. He urged the Department to reallocate that time in places where it is more needed. Alderperson Booth also commented that Route 96 is going to gain tremendously in importance and there is a very modest amount of time allocated to Route 96 issues in this document compared to lots of other issues. He urged the department to allocate more time to this project. A vote on the resolution resulted as follows: Carried Unanimously 1.0 6 -18- January 7, 1987 East Hill Zoning 1 Zoning Map Changes and Changes to B -2b District Regulations Resolution of Common Council Introducing Proposed Changes to the Zoning Ordinance and Providing for the Public Notice and Public Hearing By Al erperson Cummings: Seconded by Alderperson Booth BE IT RESOLVED, That Ordinance No. 87- entitled "An Ordinance Amending the Zoning Map and Section 30.25 of Chapter 30 entitled 'Zoning' of the City of Ithaca Municipal Code" be and it hereby is introduced before Common Council of the City of Ithaca, New York, and be it further RESOLVED, That the Common Council shall hold a public hearing in the matter of the adoption of the aforesaid ordinance to be held at the Council Chambers, City Hall, 108 East Green Street, Ithaca, New York on Wednesday, February 4, 1987 at 7:30 o'clock p.m., and be it further RESOLVED, That the City Clerk give notice of such public hearing by the publication of a notice in the official newspaper, specifying the time when and the place where such public hearing will be held, and in general terms describing the proposed ordinance. Such notice shall be published once at least fifteen (15) days prior to the public hearing, and be it further RESOLVED, That the City Clerk shall transmit forthwith to the Board of Planning and Development and the Tompkins County Planning Board a true and exact copy of the proposed zoning ordinance for their report thereon. ORDINANCE NO. 87- AN ORDINANCE AMENDING THE ZONING MAP AND SECTION 30.25 OF CHAPTER 30 ENTITLED "ZONING" OF THE CITY OF ITHACA MUNICIPAL CODE BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, New York, as follows: Section 1. Amending 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 areas presently located in the B -2a Business District and R -3b Residence District are reclassified and changed to the B -2b Business District: A. All that tract or parcels of land described by the following boundaries: Beginning at the northwest corner of tax map parcel 63 -6 -4, thence southerly along the west boundary line of parcel 63 -6 -4 until it intersects the north boundary line of parcel 63 -6 -22, thence west along the north boundary line of parcel 63 -6 -22 until it intersects the east boundary line of parcel 63 -6 -21, thence south along the east boundary line of parcel 63 -6 -21 until it intersects the north boundary line of parcel 63 -6 -20, thence west along the north boundary line of parcel 63 -6 -20 until it intersects the east boundary line of Eddy Street, thence south along the east boundary line of Eddy Street until it intersects the south boundary line of parcel 63 -6 -19, thence east along the south boundary line of parcels 63 -6 -19, 63 -6 -17 and 63 -6 -14 to a point at the northeast corner of parcel 68 -4 -3, thence south along the east boundary line of parcel 68 -4 -3 until it intersects the north boundary line of parcel 68 -4 -10, thence east along the north boundary line of parcel 68 -4 -10 to a point at the northwest corner of parcel 68 -4 -7, thence south along the west boundary line of parcel 68 -4 -7 to a point at the north - =vest corner of parcel 68 -4 -9, thence east along the north boundary line of parcel 68 -4 -9 to a point at the northeast corner of parcel 68 -4 -9, thence south along the east boundary line P] 10'7 _19- January 7, 1987 of parcel 68 -4 -9 until it intersects the north boundary line of Catherine Street, thence east along the north boundary line of Catherine Street until it intersects the west boundary line of College Avenue, thence north along the west boundary line of College Avenue to a point at the northeast corner of parcel 63 -6 -13, thence west along the north boundary line of parcel 63 -6 -13, a distance of approximately eighty -five (8S) feet to a point at the southeast corner of former parcel 63 -6 -10, thence north a distance of one hundred eight (108) feet parallel to College Avenue along the east boundary line of former parcel 63 -6 -10 until it intersects the south boundary (4WOO, line of Dryden Road, thence west and northwest along the south boundary line of Dryden Road to the point of beginning. The above described area includes all or portions of the following tax map parcel numbers: 63 -6 -4, 63 -6 -5, 63- 6 -6.2, 63- 6 -7.1, 63 -6 -8, portions of 63 -6 -11, 63 -6 -22, 63 -6 -20, 63 -6 -19, 63 -6 -18, 63 -6 -17, 63 -6 -13, 63 -6 -14, 68 -4 -6, 68 -4 -7, and 68 -4 -8. B. All that tract or parcels of land described by the following d boundaries: Beginning at a point on the east boundary line of College Avenue at the southwest corner of parcel 64- 10 -19, LD thence southerly along the east boundary line of College Avenue a distance of approximately two hundred forty (240) m feet to the northeast corner of parcel 67 -1 -3, thence easterly Q along the north boundary line of tax map parcel number 67 -1 -3 a distance of one hundred forty two (142) feet, thence northerly in a straight line parallel to College Avenue to the southeast corner of parcel 64- 10 -19, thence westerly along the south boundary line of parcel 64 -10 -19 to the point of beginning. The above described area contains all or portions of the following tax map parcel numbers: 64- 10 -18, 64 -10 -17.2, 64- 10 -15, portions of 67 -1 -1, portions of 64 -10 -12 and portions of 64- 10 -13. 2. 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 -3a, Residential District is reclassified and changed to the B -2b, Business District: All that tract or parcels of land described by the following boundaries: Beginning at the southwest corner of tax map parcel number 64 -2 -23, thence north along the west boundary line of parcels 64 -2 -23 and 64 -2 -24 to the northwest corner of parcel 64 -2 -24, thence east and southeast along the north and northeast boundary line of parcel 64 -2 -24 to the north boundary line of parcel 64 -2 -22, thence east along the north boundary line of parcel 64 -2 -22 to the northeast corner of parcel 64 -2 -22, thence south along the east boundary line of parcel 64 -2 -22 until it intersects the north boundary line of Dryden Road, thence west along the north boundary line of Dryden Road to the point of beginning. The above described area contains all of the following tax map parcel numbers: 64 -2 -22, 64 -2 -23 and 64 -2 -24. All that tract or parcel of land described as follows: All of tax map parcel number 64 -2 -2. 4. That in accordance herewith the City Clerk is hereby directed to make or cause to be made the necessary changes on said Zoning Map. 3. New That York" the "Official Zoning Map of as last amended, is hereby the City of Ithaca, amended and changed so that the following described area presently located in the B -2b, Business District is reclassified and changed to the R -3a, Residential District: All that tract or parcel of land described as follows: All of tax map parcel number 64 -2 -2. 4. That in accordance herewith the City Clerk is hereby directed to make or cause to be made the necessary changes on said Zoning Map. 108 SECTION 2. AMENDING 30.25 That the regulations Business District ar Number of Stories: Height in Feet -20- January 7, 1957 THE DISTRICT REGULATIONS CHART OF SECTION for Maximum Building Height in the B -2b, hereby amended to read as follows: 6 60 SECTION 3. 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. Discussion followed on the floor. Amending Resolution By Alderperson Booth: Seconded by Alderperson Hoffman RESOLVED, That paragraph 2 of Section 1B of the proposed ordinance be deleted (moving the B -2b line easterly on Dryden Road for a space of 2 lots thereby leaving kt zoned R -3a � Discussion followed on the amendment. f A vote on the amendment resulted as follows: Ayes (5) - Schlather, Haine, Nays (5) - Cummings, Dennis, Mayor Gutenberger voted Nay, Booth, Killeen, Peterson Lytel, Hoffman, Romanowski breaking the tie. Motion Defeated Amending Resolution By Alderperson Booth: Seconded by Alderperson Schlather RESOLVED, That a separate resolution be prepared which doesn't contain paragraph 2 of Section 1B for presentation to the public so there will be two resolutions to consider. A vote on the amendment resulted as follows: Ayes (9) - Cummings, Dennis, Haine, Booth, Killeen, Peterson Hoffman, Romanowski, Schlather Nay (1) - Lytel Carried Amending Resolution By Alderperson Cummings: Seconded by Alderperson Lytel RESOLVED, That the Catherine Street parcel - rear yard of second house on Catherine Street (postage stamp) be included . in paragraph IA of Section 1, and left zoned B -2b. Discussion followed on the floor. A vote on the amendment resulted as follows: Ayes (5) - Schlather, Romanowski, Lytel, Cummings, Dennis, Nays (5) - Killeen, Peterson, Hoffman, Haine, Booth Mayor Gutenberger voted Nay, breaking the tie. Motion Defeated Amending Resolution By Alderperson Lytel: Seconded by Alderperson Haine RESOLVED, That two options be advertised for consideration by the public - one as is, and one as B -2b. Carried Unanimously Resolution By Alderperson Cummings: Seconded by Alderperson Lytel RESOLVED, That the following three resolutions will be prepared for presentation to the public at a public hearing: 0 It 109 - 21 - January 7, 1987 1 resolution changing everything which is currently B -2a to B -2b; 1 resolution changing land on Dryden Road from R -3a to to B -2b; and 1 resolution changing rear yard of Catherine Street parcel from R -3a to B -2b Carried Unanimously Amending Resolution By Alderperson Lytel: Seconded by Alderperson Killeen RESOLVED, That Section 2, Amending the District Regulations Chart of Section 30.25 be presented as a separate resolution. A vote on the amendment resulted as follows: Ayes (9) - Schlather, Haine, Booth, Killeen, Cummings, Dennis, Lytel, Hoffman, Romanowski Nay (1) - Peterson Carried Q is available within 500 feet). Discussion followed on the floor. A vote on the amendment resulted as follows: Ayes (3) - Booth, Hoffman, Peterson Nays (7) - Schlather, Haine, Killeen, Cummings, Dennis, Lytel, Romanowski Motion Defeated A vote on the main motion as amended resulted as follows: Carried Unanimously (2) Change to Off -Site Parking Regulations By Alderperson Cummings: Seconded by Alderperson Booth BE IT RESOLVED, That Ordinance No. 87- entitled "An Ordinance Amending Subdivision A(1) of Section 30.37 of Chapter 30, entitled 'Zoning' of the City of Ithaca Municipal Code," be and it hereby is introduced before Common Council of the City of Ithaca, New York, and be it further RESOLVED, That the Common Council shall hold a public hearing in the matter of the adoption of the aforesaid ordinance to be held at the Council Chambers, City Hall, 108 East Green Street, Ithaca, New York on Wednesday, February 4, 1987 at 7:30 P.M., and be it further RESOLVED, That the City Clerk give notice of such public hearing by the publication of a notice in the official newspaper, specifying the time when and the place where such public hearing will be held, and in general terms describing the proposed ordinance. Such notice shall be published once at least fifteen (1S) days prior to the public hearing, and be it further RESOLVED, That the City Clerk shall transmit forthwith to the Board of Planning and Development and the Tompkins County Planning Board a true and exact copy of the proposed zoning ordinance for their report thereon. ORDINANCE NO. 87 - AN ORDINANCE AMENDING SUBDIVISION A(1) OF SECTION 30.37 OF CHAPTER 30 ENTITLED 'ZONING' OF THE CITY OF ITHACA MUNICIPAL CODE Amending Resolution �- By Alderperson Booth: Seconded by Alderperson Peterson Lo RESOLVED, That Section 2, Amending the District Regulations Chart of Section 30.25, be amended so that the regulations from maximum lot coverage in the B -2b district be amended M to read as follows: SO% (7S% when adequate off - street parking Q is available within 500 feet). Discussion followed on the floor. A vote on the amendment resulted as follows: Ayes (3) - Booth, Hoffman, Peterson Nays (7) - Schlather, Haine, Killeen, Cummings, Dennis, Lytel, Romanowski Motion Defeated A vote on the main motion as amended resulted as follows: Carried Unanimously (2) Change to Off -Site Parking Regulations By Alderperson Cummings: Seconded by Alderperson Booth BE IT RESOLVED, That Ordinance No. 87- entitled "An Ordinance Amending Subdivision A(1) of Section 30.37 of Chapter 30, entitled 'Zoning' of the City of Ithaca Municipal Code," be and it hereby is introduced before Common Council of the City of Ithaca, New York, and be it further RESOLVED, That the Common Council shall hold a public hearing in the matter of the adoption of the aforesaid ordinance to be held at the Council Chambers, City Hall, 108 East Green Street, Ithaca, New York on Wednesday, February 4, 1987 at 7:30 P.M., and be it further RESOLVED, That the City Clerk give notice of such public hearing by the publication of a notice in the official newspaper, specifying the time when and the place where such public hearing will be held, and in general terms describing the proposed ordinance. Such notice shall be published once at least fifteen (1S) days prior to the public hearing, and be it further RESOLVED, That the City Clerk shall transmit forthwith to the Board of Planning and Development and the Tompkins County Planning Board a true and exact copy of the proposed zoning ordinance for their report thereon. ORDINANCE NO. 87 - AN ORDINANCE AMENDING SUBDIVISION A(1) OF SECTION 30.37 OF CHAPTER 30 ENTITLED 'ZONING' OF THE CITY OF ITHACA MUNICIPAL CODE 110 -22- January 7, 1987 BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, as follows: SECTION 1. AMENDING SUBDIVISION A(1) OF SECTION 30.37. That Subdivision A(1) of Section 30.37 is hereby amended to read as follows: "1. Location Requirements All parking spaces provided pursuant to this Section shall be on the same lot as the building, use or activity that they serve, except that off - street parking in the amounts specified by the Zoning Ordinance may be provided on a single lot other than that on which the building, use or activity is located, provided that all of the following conditions are met: a. Off -site parking for commercial uses may be provided within seven hundred and fifty (750) feet along public pedestrian thoroughfares, measured from property line to property line. b. Off -site parking for residential uses may be provided within one thousand (1000) feet along public pedestrian thoroughfares, measured from property line to property line. C. All off -site parking areas must be located in a zoning district in which the building, use or activity that the off -site parking is intended to serve is a permitted use. d. All off -site parking spaces must be clearly labelled as providing parking only for the building, use or activity which they serve. e. All land which is used to provide off -site parking must be restricted to that use only for as long as the building is occupied by the use which requires off - street parking or until substitute parking is provided for and approved by the Building Commissioner. Evidence of such off -site parking shall be provided in the form of a recorded covenant, long term lease or comparable document that is approved by the Building Commissioner. No more than two (2) end -to -end parking spaces shall be per- mitted for the prupose of satisfying the requirements of this Section, unless all spaces have adequate maneuvering space and direct street access. SECTION 2. EFFECTIVE DATE. This ordinance shall take effect immediately and in accodrance with law upon publication of a notice as provided in Section 3.11(B) of the Ithaca City Charter. Carried Unanimously (3) Changes to Definition of Owner - Occupied Dwelling By Al erperson Cummings: —Seconded by Al erperson Killeen BE IT RESOLVED, That Ordinance No. 87- entitled "An Ordinance Amending Subdivsion B of Section 30.3 of Chapter 30, entitled 'Zoning' of the City of Ithaca Municipal Code," be and it hereby is introduced before Common Council of the City of Ithaca, New York, and be it further RESOLVED, That the Common Council shall hold a public hearing in the matter of the adoption of the aforesaid ordinance to be held at the Council Chambers, City Hall, 108 East Green Street, Ithaca, New York on Wednesday, February 4, 1987 at 7:30 P.M., and be it further III -L3- January 7, 1987 RESOLVED, That the City Clerk give notice of such public hearing by the publication of a notice in the official newspaper, specifying the time when and the place where such public hearing will be held, and in general terms describing the proposed ordinance. Such notice shall be published once at least fifteen (15) days prior to the public hearing, and be it further RESOLVED, That the City Clerk shall transmit forthwith to the Board of Planning and Development and the Tompkins County Planning Board a true and exact copy of the proposed zoning ordinance for their report thereon. ORDINANCE NO. 87 - AN ORDINANCE AMENDING SUBDIVISION B OF SECTION 30.3 OF CHAPTER 30 ENTITLED 'ZONING' OF THE CITY OF ITHACA MUNICIPAL CODE BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, as follows: SECTION 1. AMENDING SUBDIVISION B(25) of SECTION 30.3 LO That Subdivision B(25) of Section 30.3 is hereby amended to read as follows: Q 25. "Dwelling, owner - occupied" shall mean a building in which at least one dwelling unit is occupied by at least one person who holds at least thirty -three and one -third (33 1/3) percent legal interest in the property and who maintains his or her principal residence in that building for more than six (6) months of the calendar year." 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 Schlather expressed concern that by creating some sort of a benefit for owner - occupants we are in fact engaging in economic discrimination. He would like to abolish in the code the distinction that we show toward owner - occupants because in his opinion zoning is to be addressed to the issue of density primarily and lot usage, and whether or not the property is owner occupied is not dispositive or will have any bearing on either of those two concerns. Discussion followed on the floor. A vote on the resolution resulted as follows: Ayes (9) - Booth, Hoffman, Peterson, Haine, Killeen, Cummings, Dennis, Lytel, Romanowski Nay (1) - Schlather Carried (4) Added Regulations for Edges of R -3 District By Al erperson Cummings: 'Deconded Seconded by Al erperson Killeen BE IT RESOLVED, That Ordinance No. 87- entitled "An Ordinance ow Amending Section 30.26(B) of Chapter 30, entitled 'Zoning' of the City of Ithaca Municipal Code," be and it hereby is introduced before Common Council of the City of Ithaca, New York, and be it further RESOLVED, That the Common Council shall hold a public hearing in the matter of the adoption of the aforesaid ordinance to be held at the Council Chambers, City Hall, 108 East Green Street, Ithaca, New York on Wednesday, February 4, 1987 at 7:30 P.M., and be it further 112 -24- January 7, 1987 RESOLVED, That the City Clerk give notice of such Public hearing by the publication of a notice in the official newspaper, specifying the time when and the place where such public hearing will be held, and in general terms describing the proposed ordinance. Such notice shall be published once at least fifteen (15) days prior to the public hearing, and be it further RESOLVED, That the City Clerk shall transmit forthwith to the Board of Planning and Development and the Tompkins County Planning Board a true and exact copy of the proposed zoning ordinance for their report thereon. ORDINANCE NO. 87- AN ORDINANCE AMENDING SECTION 30.26(B) OF CHAPTER 30 ENTITLED "ZONING" OF THE CITY OF ITHACA MUNICIPAL CODE BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, New York, as follows: SECTION 1. AMENDING SECTION 30.26(B) of CHAPTER 30 That Subdivision B of Section 30.26 is amended to add the following: "Development in R -3 districts which abut R -1 districts The development of any permitted use in the R -3a or R -3b zoning districts except a one - family dwelling or a two - family dwelling shall be subject to the following special conditions if the land on which the development occurs directly abuts land in either the R -la or R -lb zoning districts: 1. Minimum Lot Size, Area in Square Feet - The required area in square feet needed to satisfy the minimum lot size requirement shall be one hundred and fifty (150) percent of the requirement shown on the District Regulations Chart for the R -3a or R -3b district. 2. Maximum Building Height - The maximum building height requirement shall be the same as the requirement in the abutting R -1a or R -lb district. 3. Maximum Percent Lot Coverage By Buildings - The maximum percent lot coverage by buildings shall be seventy -five (75) percent of the requirement shown on the District Regulations Chart for the R -3a or R -3b district. 4. Yard Dimensions, Side or Rear Yards - The minimum required side or rear yard requirement shall be one hundred and fifty (150) percent of the requirement shown on the District Regulations Chart for the R -3a or R -3b district, if the side or rear yard abuts land in the R -la or R -lb districts. 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. Discussion followed on the floor. City Atty. Nash commented that normally zoning must impose requirements that are consistent throughout a zone. Alderperson Schlather expressed concern that the council might be enacting an ordinance which may be unenforceable and he thought the council should be guided by some counsel. 6rn 113 -2S- January 7, 1987 After further discussion Mayor Gutenberger suggested advertising the ordinance for public hearing which will allow a month for further research into its legality. A vote on the resolution resulted as follows: Carried Unanimously (5) Changes to Desi n Review Board Regulations By Al erperson Cummings: Seconde by Al erperson Killeen BE IT RESOLVED, That Ordinance No. 87- entitled "An Ordinance Amending Section 30.S9(C) of Chapter 30, entitled 'Zoning' of the City of Ithaca Municipal Code," be and it hereby is introduced before Common Council of the City of Ithaca, New York, and be it further RESOLVED, That the Common Council shall hold a public hearing in the matter of the adoption of the aforesaid ordinance to be held at the Council Chambers, City Hall, 108 East Green Street, Ithaca, New York on Wednesday, February 4, 1987 at 7:30 P.M., and be it further RESOLVED, That the City Clerk give notice of such public hearing by the publication of a notice in the official newspaper, LD specifying the time when and the place where such public hearing will be held, and in general terms describing the proposed m ordinance. Such notice shall be published once at least fifteen Q (15) days prior to the public hearing, and be it further RESOLVED, That the City Clerk shall transmit forthwith to the Board of Planning and Development and the Tompkins County Planning Board a true and exact copy of the proposed zoning ordinance for their report thereon. ORDINANCE NO. 87 - AN ORDINANCE AMENDING SECTION 30.S9(C) OF CHAPTER 30 ENTITLED "ZONING" OF THE CITY OF ITHACA MUNICIPAL CODE BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, New York, as follows: SECTION 1. AMENDING SUBDIVISION C OF SECTION 30.59 That paragraph 1 of Subdivision C of Section 30.59 is hereby amended to read as follows: "All proposals for construction or demolition within the zones designated B -lb, B -2b, B -2c and C -SU and all zoning appeals within the zones designated B -lb, B -2b, B -2c, and CU shall be referred to the Design Review Board for its review and recommendation or approval, as applicable, immediately upon receipt by the Building Commissioner. Preliminary plans for new construction, alteration of an existing structure or substantial rehabilitation, in accordance with the provisions of Subdivision D of the Section, shall be referred to the Design Review Board at the Schematic Design phase. The Building Commissioner or the Director of Planning and Development shall refer such plans or proposals to the Design Review Board immediately upon receipt of such plans. In addition, any individual or group proposing construction or development anywhere within the City of Ithaca may request the informal review and advisory recommendation of the Design Review Board. The Board of Zoning Appeals may refer applications for Accessory Apartment Temporary Permits for technical advice when exterior design changes are proposed and for approval of front entrances." 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. Carried Unanimously 114 -26- January 7, 1987 BUDGET AND ADMINISTRATION Comte iTTEE: Collateral To Secure Deposits By Alderperson Dennis: Seconded by Alderperson Booth RESOLVED, That the collateral deposited by the Tompkins County Trust Company and the Norstar Bank, as reported, be approved as to form and sufficiency. Carried Unanimously Designation of Official Newspaper By Alderperson Dennis: Seconded by Alderperson Haine RESOLVED, That pursuant to Section 7 -16 of the City Charter, the Ithaca Journal be, and it is, hereby designated as the official newspaper of the City of Ithaca, for the year 1987. Carried Unanimously Public Employees Blanket Bond By Alderperson Dennis: Seconded by Alderperson Schlather RESOLVED, That pursuant to Section 11 of the Public Officers Law, the following Bond, which is on file in the Office of the City Clerk, be, and is, hereby approved in all respects for the year 1987. Insuring Agreement No. 3 Faithful Per ormance Blanket Bond Coverage $250,000 Royal Globe Insurance Co. Carried Unanimously Designation of Common Council Meetings By Al erperson Dennis: Seconded by Alderperson Hoffman RESOLVED, That the regular meetings of the Common Council, for 1987, be held at 7:30 p.m., on the first Wednesday of each month, in the Common Council Chambers, at City Hall, 108 East Green Street, Ithaca, New York. Carried Unanimously Designation of Official Depositories By Alderperson Dennis: Secon e y Alderperson Hoffman RESOLVED, That pursuant to Section 3.7 of the City Charter, the Tompkins County Trust Company and the Norstar Bank be, and they are, hereby designated as the official depositories of all City funds, for the year 1987, as follows: TOMPKINS COUNTY TRUST COMPANY ACCOUNT NAME City of Ithaca General Fund City of Ithaca Payroll Fund Capital Reserve Fund 94 - Bridges Capital Reserve Fund #11 - Parks and Recreation Areas ACCOUNT NUMBER Capital Reserve Fund #14 - Parking Areas Capital Reserve Fund #15 - Fire Engine Replacement Capital Reserve Fund #16 - Development of Water Sources Capital Reserve Fund #17 - Sewer Construction Capital Reserve Fund #17A - Mandatory Reserve for Sewer Plant Construction Capital Reserve Fund #20 - West Hill Water and Sewer Replacement Capital Reserve Fund 922 - Bus Replacement Capital Reserve Fund #23 - Public Works Equipment Capital Reserve Fund #24 - Energy Conservation Capital Reserve Fund #25 - Capital Improvements Employees Group Insurance Deductions Employees Withholding for Social Security Employees N.Y.S. Withholding Tax Employees U.S. Savings Bonds N.Y.S. Policemen's and Firemen's Retirement System N.Y.S. Employees Retirement System Commons Assessment Fund O1 -201- 001004 04- 201 - 001004 01 -201- 001055 02 -201- 001055 03 -301- 001055 04- 201 - 001055 05- 201 - 001055 06 -201- 001055 06 -201- 001055 08- 201 - 001055 09- 201 - 001055 12- 201 - 001055 01- 101 - 082703 02 -101- 082703 03- 201 - 001004 07 -201- 001004 08 -201- 001004 09- 201 - 001004 11 -201- 001004 12- 201 - 001.004 01- 101 - 071795 J D 115 Finger Lakes Association Inc. Agreement By Alderperson Dennis: Seconded by Alderperson Haine RESOLVED, That the Mayor and City Clerk are hereby authorized and directed to execute an agreement with the Finger Lakes Association Inc., for the period of January 1, 1987 to December 31, 1987, in an amount not to exceed $1,027, for rendering promotional publicity services. Carried Unanimously Gadabout Transportation Services, Inc. Agreement By Alderperson Dennis: Seconded by Alderperson Romanowski RESOLVED, That the Mayor and City Clerk are hereby authorized and directed to execute an agreement with Gadabout Transportation Services, Inc., for the period January 1, 1987 to December 31, 1987, in an amount not to exceed $16,500, for providing transportation service to the elderly and disabled community in the City of Ithaca. Carried Unanimously Tompkins County Area Development Corp. Agreement By Alderperson Dennis: Seconded by Alderperson Cummings RESOLVED, That the Mayor and City Clerk are hereby authorized and directed to execute an agreement with Tompkins County Area Development Corp., for the period January 1, 1987 to December 31, 1987, in an amount not to exceed $7,500, to be used toward the costs and expenses of the authority in encouraging * *Banks Resolution regarding non - investment policy in South Africa on file in the Clerk's Office. -27- January 7, 1987 Federal Revenue Sharing 02 -201- 001004 City of Ithaca Health Insurance 01- 101 - 087594 Guaranty and Bid Deposits OS- 201 - 001004 City Tax Sale Redemption 05- 201 - 001004 Health Facility Agreement OS- 201 - 001004 Deposits on Water Meters 05 -201- 001004 Sale of Unclaimed Property 05- 201 - 001.004 Commons Assessment Advance Payments OS -201- 001004 Commons Special Performance Fund OS -201- 001004 Circle Greenway OS -201- 001004 Conference on College and Community OS- 201 - 001004 Center for Expressive Arts OS- 201 - 001004 Liens on Employees OS -201- 001004 Building and Fire Code Aid 05- 201 - 001004 Employee Garnishees OS -201- 001004 Peter DeWysocki Memorial Fund OS -201- 001004 Cemetary Fund - Time Account OS- 201 - 001004 Fire Department Recognition Banquet 05- 201 - 001004 Youth Facility Furniture and Equipment 05 -201- 001004 Commons Cultural Tourism 05- 201 - 001004 �- NORSTAR BANK LD City of Ithaca Water and Sewer Fund 267 - 010109 City of Ithaca Construction Fund 267 - 010842 CO Firemen's Relief Fund 267 - 010001 Q Ithaca Area Wastewater Treatment Plant - Phase II 267 - 012276 Ithaca Area Wastewater Treatment Plant - Phase III 267 - 365187 * *(refer to below) Carried Unanimously -fompkins County S.P.C.A. Agreement By Alderperson Dennis: Seconded by Alderperson Haine RESOLVED, That the Mayor and City Clerk are hereby authorized (4woe and directed to execute an agreement with the Tompkins County S.P.C.A. for the period January 1, 1987 to December 31, 1.987, in an amount not to exceed $43,680, and be it further RESOLVED, That the Tompkins County S.P.C.A. be, and it is hereby designated the animal control agency for the City of Ithaca for the year 1987. Carried Unanimously Finger Lakes Association Inc. Agreement By Alderperson Dennis: Seconded by Alderperson Haine RESOLVED, That the Mayor and City Clerk are hereby authorized and directed to execute an agreement with the Finger Lakes Association Inc., for the period of January 1, 1987 to December 31, 1987, in an amount not to exceed $1,027, for rendering promotional publicity services. Carried Unanimously Gadabout Transportation Services, Inc. Agreement By Alderperson Dennis: Seconded by Alderperson Romanowski RESOLVED, That the Mayor and City Clerk are hereby authorized and directed to execute an agreement with Gadabout Transportation Services, Inc., for the period January 1, 1987 to December 31, 1987, in an amount not to exceed $16,500, for providing transportation service to the elderly and disabled community in the City of Ithaca. Carried Unanimously Tompkins County Area Development Corp. Agreement By Alderperson Dennis: Seconded by Alderperson Cummings RESOLVED, That the Mayor and City Clerk are hereby authorized and directed to execute an agreement with Tompkins County Area Development Corp., for the period January 1, 1987 to December 31, 1987, in an amount not to exceed $7,500, to be used toward the costs and expenses of the authority in encouraging * *Banks Resolution regarding non - investment policy in South Africa on file in the Clerk's Office. -28- January 7, 1987 and affecting the location and expansion of industrial research and manufacturing facilities, the creation of new and improved job opportunities, the reduction of unemployment and the betterment of individual and community prosperity within the City of Ithaca and the County of Tompkins. Carried Unanimously Tompkins County Chamber of Commerce Agreement By Alderperson Dennis: Secon e y Alderperson Cummings RESOLVED, That the Mayor and City Clerk are hereby authorized and directed to execute an agreement with the Tompkins County Chamber of Commerce, for the period January 1, 1987 to December 31, 1987, in an amount not to exceed $7,000, for the furnishing of certain tourist promotion and informational services. Ayes (9) - Booth, Cummings, Dennis, Haine, Hoffman, Killeen Lytel, Peterson, Romanowski Nay (1) - Schlather Carried Recreation for the Elderly Application By Aiderperson Dennis: Seconded by Alderperson Schlather WHEREAS, the City of Ithaca is about to submit an application for continuation of the recreation for the elderly, and if approved, apply subsequently to the State of New York for partial reimbursement of funds expended on said project, as provided by Sections 541 -546 of Article 19 -J of the Executive Law of New York, entitled "Recreation Programs for the Elderly "; now, therefore, be it RESOLVED, That said application is in all respects approved, and John C. Gutenberger, Mayor, is hereby authorized and directed to duly execute and submit said application to the New York State Office for the Aging, for its approval. Carried Unanimously Sidewalk Assessments By Alderperson Dennis; Seconded by Alderperson Hoffman WHEREAS, the Board of Public Works levied sidewalk assessments on November 24, 1986, for the construction of sidewalks at various locations in the City of Ithaca, and WHEREAS, a Public Hearing thereon was held by said Board on December 17, 1986, and WHEREAS, on December 17, 1986, said Board approved said assess- ments 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 $3,538.52, 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 thereof; 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 loo 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 (S) equal installments, with interest at 100, 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 J .d LD m a 11'7 -29- January 7, 1987 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 outstanding balance of such installment payments, together with all interest, fees and penalties that may be accrued. Discussion followed on the floor. A vote on the resolution resulted as follows: Carried Unanimously Funding for Handicapped Access By Alderperson Dennis: Seconded by Alderperson Haine RESOLVED, That $30,000 be transferred from Account A1990, Restricted Contingency, to provide funding for Handicapped Access, as follows: To: A1450 -498 A1621 -498 A1622 -498 A1624 -498 A1625 -498 A1626 -498 A3311 -498 A3410 -498 AS111 -498 A5132 -498 AS411 -498 AS6S2 -498 AS6S3 -498 A7112 -498 A7182 -498 F 8 3 1 S - 4 9 8 Elections $ 600 City Hall 7,900 Hall of Justice 5,200 Public Works 100 Southside Center 50 G.I.A.C. 250 Traffic Control 2,200 Fire Department 3,450 Highways 2,000 Garage 1,000 Ithaca Commons Seneca St. Ramp 100 Green St. Ramp SS0 Stewart Park 2,450 Cass Park 3,750 Water Building 100 Total $30,000 Discussion followed on the floor. A vote on the resolution resulted as follows: Carried Unanimously Funding for Appraisal and Consulting Services By Alderperson Dennis: Seconded by Alderperson Cummings RESOLVED, That an amount not to exceed $4,250 be transferred from Account A1990, Contingency, to Planning Department Account A8020 -430, Fees for Professional Services, to provde funding for appraisal and consulting services to be performed by Francis and Company, of Baldwinsville, New York, on City Hall and the Annex. Discussion followed on the floor. A vote on the resolution resulted as follows: Carried Unanimously Negotiations for Youth Services By Alderperson Dennis: Secon ed by Alderperson Schlather RESOLVED, That Common Council directs the Budget and Administration Committee to begin negotiations, for the year 1988, with municipalities within the County, including the Town of Ithaca and the Village of Lansing, for administration and program services furnished by the Ithaca Youth Bureau. Discussion followed on the floor. A vote on the resolution resulted as follows: Carried Unanimously Human Services Coalition Agreement By Alderperson Dennis: Seconded by Alderperson Schlather RESOLVED, That the Mayor and City Clerk are hereby authorized and directed to execute an agreement with the Human Services Coalition of Tompkins County, for the period January 1, 1987 to December 31, 1987, in an amount not to exceed $9,215 for the furnishing of Human Services Planning and Coordination. Carried Unanimously gig -30- January 7, 1987 Management Employee Compensation By Alderperson Dennis: Secon ed by Alderperson Cummings RESOLVED, That management employees, exclusive of the newly hired Personnel Administrator, not covered by a formal contract, including the City Attorney, Assistant City Attorney and City Prosecutor, be granted a 5% increase over their 1986 salary for 1987, effective with the first pay period of 1987. Discussion followed on the floor. Referral Resolution By Al erperson Haine: Seconded by Alderperson Cummings RESOLVED, That the issue be referred to the Committee of the Whole, with Council action to be taken in February. A vote on the resolution resulted as follows: Ayes (4) - Killeen, Haine, Cummings, Lytel Nays (6) - Booth, Dennis, Hoffman, Peterson, Romanowski, Schlather Motion Defeated Amending Resolution By Alderperson Hoffman: Seconded by Alderperson Killeen RESOLVED, That the resolution be amended to insert "across the board" following 50. Ayes (7) - Lytel, Haine, Dennis, Booth, Hoffman, Killeen, Peterson Nays (3) - Schlather, Romanowski, Cummings Carried Amending Resolution By Al erperson Sc lather: Seconded by Alderperson Romanowski RESOLVED, That the resolution be amended to reduce the amount of the increase to 30. Ayes (2) - Schlather, Booth Nays (8) - Cummings, Dennis, Haine, Hoffman, Killeen, Lytel, Peterson, Romanowski Motion Defeated A vote on the main motion as amended resulted as follows: Ayes (5) - Lytel, Dennis, Booth, Hoffman, Peterson Nays (5) - Cummings, Haine, Killeen, Romanowski, Schlather The Mayor voted Aye, breaking the tie. Carried REPORT OF SPECIAL COMMITTEES AND COUNCIL LIAISONS: Stewart Park A visory Group Alderperson Killeen announced that SPAG will meet on Tuesday, January 13, 1987, at the Hall of Justice at 7:30 p.m. NEW BUSINESS: A Local Law Amending Article II Entitled "City Officers," Specifically Section 2.26 Entitle "Community Development Commission" By A erperson Dennis: Seconded by Alderperson Booth RESOLVED, That the proposed Local Law be referred to the Planning and Development Committee. LOCAL LAW NO. A LOCAL LAW AMENDING ARTICLE II ENTITLED "CITY OFFICERS," SPECIFICALLY SECTION 2.26 THEREOF ENTITLED "COMMUNITY DEVELOPMENT COMMISSION" BE IT ENACTED by the Common Council of the City of Ithaca, New York, as follows: NH Iq LO T- M d �V- -31- January 7, 1987 Section 1. Amending Article II entitled "City Officers" specifically Section 2.26 thereof entitled "Community Development Commission" Subdivision 2 of Section 2.26 of the City of Ithaca Charter is hereby amended to read as follows: 112. Establishment of the Community Development Commission. The Common Council of the City of Ithaca hereby creates a commission which shall be known as the City of Ithaca Community Development for a period of five years from the date this law is filed with the Secretary of State." The existence of the Community Development Commission is hereby extended for an additional five -year period. Section 2. This Local Law shall take effect immediately upon filing in the Office of the Secretary of State. Carried Unanimously Executive Session By Alderperson Dennis: Seconded by Alderperson Killeen RESOLVED, That the Council adjourn into Executive Session to discuss contract negotiations. Carried Unanimously The Council adjourned into Executive Session at 11:25 p.m. and returned to Regular Session at 12:25 a.m. Resolution By Alderperson Schlather: RESOLVED, That the Mayor be of Ithaca a Fire Protection in Executive Session, which approve. Seconded by Alderperson Dennis authorized to tender to the Town Contract in the form as discussed contract the Common Council would Carried Unanimously ADJOURNMENT: On a motion the meeting adjourned at 12:30 a.m. Callista F. Paolangeli, City Clerk ayor 119 Gutenberger�