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HomeMy WebLinkAboutMN-CC-1987-05-060 Iq LO m Q 0 233 Regular Meeting PRESENT: Mayor Gutenberger Al.derpersons (10) COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK 09111 " May 6, 1987 Booth, Cummings, Dennis, Maine, Hoffman; Killeen, Lytel, Peterson, Romanowski, OTHERS PRESENT: (- C-°) City Attorney - Nash , City Controller - Spano Deputy City Controller - Cafferillo Supt. of Public Works - Dougherty Building Commissioner - Hoard Planning & Development Director - Van Planning $ Development Deputy Director Personnel Administrator - Baker City Clerk - Paolangeli City Chamberlain - Parsons Tompkins County Bd. of Representatives Cort - Mazzarella (City Rep.) - Lifton PLEDGE OF ALLEGIANCE: Mayor Gutenberger led all present in the Pledge of Allegiance to the American flag. MINUTES: Approval of Minutes of April 1, 1987 Meeting Alderperson Peterson requested the following correction: on page 7, under Communications From the Mayor, Ithaca High Hockey Team, on the second line it should read "Hockey" Team for being the State Champions, not "hickey ". Resolution By Alderperson Hoffman: Seconded by Alderperson Haine RESOLVED, That the Minutes of the April 1, 1987 meeting of Council be approved as corrected. Carried Unanimously SPECIAL ORDER OF BUSINESS: Public Hearing - An Ordinance Amending Sections 30.3, 30.25, 30.26 and 30.37 of Chapter 30 Entitled 'Zoning' of the City of Ithaca Municipal Code - Adult Day Care Resolution to Open Public Hearing By Alderperson Romanowski: Seconded by Alderperson Dennis RESOLVED, That the public hearing to consider amendment of Sections 30.3, 30.25, 30.26 and 30.37 of Chapter 30 entitled 'Zoning' is declared open. Carried Unanimously No one appeared to speak to the hearing. Resolution to Close Public Hearing By Alderperson Romanowski: Seconded by Alderperson Peterson RESOLVED, That the public hearing to consider amendment of Sections 30.3, 30.25, 30.26 and 30.37 of Chapter 30 entitled 'Zoning' is declared closed. Carried Unanimously ADDITIONS TO THE AGENDA: Budget and Administration Committee Alderperson Dennis requested the addition of Items M and N, Mayor's salary and Alderperson's salary for 1988; also Item 0, a report on sound study at Wilcox Press. No Council person objected. 234 -2- May 6, 1987 Charter and Ordinance Committee Alderperson Haine requested the addition of a resolution under Item C - Noise on The Commons. Alderperson Schlather reported that he had a phone call that day from a concerned party and he had assured the person that this was a report only and there was no resolution. Therefore, he objected to adding a resolution on this item. Mayor Gutenberger explained that according to the Common Council Rules of Procedure if one Alderperson objects to any item being added it cannot be added. Because of Alderpersoa Schlather's objection a resolution on Item C - "Noise on The Commons" was not added to the Agenda. New Business Alderperson Schlather asked the Council to consider a resolution establishing summer hours for Council meetings. Alderpersons Haine and Cummings objected. Resolution was not added. Alderperson Hoffman requested the addition of a resolution authorizing inclusion of a notice in the city tax bill mailings regarding recycling pick up. No Council member objected. Alderperson Booth requested an Executive Session to discuss the lawsuit that has been filed against the city dealing with the death of a workman several months ago and also to bring the Council up to date on the situation with ACC. No Council member objected. Alderperson Peterson requested the addition of two reports as Council Liaison; one on the Human Services Coalition, and one on the Six Mile Creek Committee. No Council member objected. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: Landfill Site Richard Tobin, MD., representing the Danby Community Action Group, read the following statement: "We come to you tonight in order to lend our support to the city's concern regarding traffic safety as it applies to the selection of a landfill site for Tompkins County. To use any of the major residential streets of the city, with their heavy traffic, narrow rights of way, and steep incline, would present a major public safety hazard. Also, this would introduce additional problems of noise and refuse to stable residential neighborhoods. An an example, our committee has recently conducted traffic counts which underscore the effects that a new landfill could have on South Aurora Street traffic. These counts were conducted between the hours of 7 a.m. and 3 p.m., when South HIll School and Ithaca College are at peak activity, and when the commuter traffic is greatest. On April 8th there were 11S vehicles entering the Landstrom Landfill - 64 of which were trucks of greater than 4 tons. On April 17th there were 111 trucks of over 4 tons using the King Road turn -off from Route 96B. Therefore, using Aurora Street for landfill traffic would more 235 -3- May 6, 1987 than double its heavy truck traffic. Regarding downhill traffic, this would greatly increase the hazard of serious accidents. In 1969 safety measures were enacted which included re- routing of truck traffic in Candor and the truck turn - around at King Road. Despite these measures, there have been numerous truck runaways in the past S -6 years on Aurora Street, including a fatal accident in January 1985. We must also consider that traffic from other areas of the county would have to descend other steep hills to reach the base of Aurora Street before proceeding South. Regarding uphill traffic, these heavy trucks would lead to marked slowing of an already snarled traffic pattern, especially in snowy weather. We therefore support the proposal of the Planning & Development Committee. Any landfill site will alter traffic patterns, not only this year, but for the next 15 -20 years. It would seem reasonable that the roadway chosen for this task should be capable of handling the traffic, situated near the population center of the county, and - most importantly - safe. Route 13 is the only road in our county that meets all these criteria." Octopus - Route 96 Edward Schano, 513 Dryden Road, spoke to Council regarding the Octopus. He expressed his gratitude to the Mayor and m the Council for their support of the Neiderkorn study. Q He is sure that it will put into perspective the plusses and minusses, the advantages and disadvantages of the various options to our West side problem. The City of Ithaca has a responsibility to the town(s) and the county to move soon and in a way that achieves a solution that is in the best interest of the community; not just Ithaca. As presently proposed none of the alternatives are perfect, yet plan C or D, with overpass, addresses safety, rail delay, traffic dispersal and air pollution better than the others. Mr. Schano then made reference to some of those who have opted for plan C or D, with overpass. Center Ithaca - State Street Businessmen - 32 to 4, Medical Society of Tompkins County, Board of Directors of Tompkins Community Hospital, all towns in Tompkins County, voter survey - 64% of voters sampled favor C with overpass, Directors of Special Children's Center Inc . Elline L. Gambrell, 357 Snyder Hill Road, presented to the Council an independent poll that is being taken in the City of Ithaca on the Octopus and Route 96 proposed plans. She explained how the poll is being conducted. She also gave results of survey as of May 6, 1987. This poll is continuing and results are updated weekly. She handed out copies of the independent poll to Council members. Six Mile Creek Guy A. Gerard, 117 Farm Street, spoke to Council regarding the destruction that is being done in the Six Mile Creek area. He is concerned about the process of awarding bids for construction work in the city solely on being the 'lowest (600" bidder' without care for our natural areas. New Building at 401 College Avenue Proposal George Hascup, Architect, representing Joseph Ciaschi, spoke to the Council regarding proposal for new building at 401. College Avenue. Ile explained the project to the Council and explained parking problem with restrictions due to new zoning ordinance for Collegetown. He asked Council to look at this site and re- examine parking requirements for the proposed building. 236 4- May 6, 1987 Resolution By Alderperson Dennis: Seconded by Alderperson Haine RESOLVED, That the proposed building project for 401 College Avenue and the parking restrictions for this area be referred to the Planning and Development Committee for review and report back to the Council. Carried Unanimously REPORT OF BOARD OF REPRESENTATIVES: Rep. Lifton reported as follows: 1. One of the most highly profiled issues in front of the County Board is the landfill issue. It is important for Council to understand that as a subset of that issue is another area of concern that has become known as the hold harmless issue, the benefit sharing issue, all centered around what should be done to alleviate what we are going to visit on some of our neighbors. One of the issues that he finds interesting is when do we resolve that? This question has become a source of division on the County Board. 2. Negotiations with two of the County's labor unions (Sheriff and Civil Service) are still under discussion. 3. Some Board members were alarmed to learn one of the tenants in the Old Hospital is engaged in classified research on behalf of the Star Wars -SDI project. 4. The female inmate population at the new jail has increased dramatically. The speculation is that Judges are more likely to sentence women to the new facility than they were to the deteriorating old facility. S. The level of contribution to the community in terms Rep. Stein has brought to other major universities to their communities with of the Board is deciding a study on this. that Cornell University makes of undirected, unqualified funding. the attention of the Board that contribute a significant amount no strings attached. A committee whether they are going to do Rep. Lifton answered questions from Council members. Alderperson Dennis asked Rep. Lifton to check on the cost of Social Services now that it is located at the Old Hospital. He has heard that they are spending less money on people and more money on the operation. Rep. Lifton will look into this. Alderperson Schlather asked Rep. Lifton to pursue matter of City Police transporting prisoners to the new jail facility. Alderperson Schlather asked Rep. Lifton to do whatever is necessary to be able to hold Worker's Compensation hearings in a County building. Alderperson Booth asked Rep. Lifton about compensation for area accepting landfill. Rep. Lifton outlined some of the steps that might be taken, i.e. maintenance of roads, no pollution of water, no reduction in land value, etc. REPORT OF CITY BOARDS, COMMITTEES, AND COMMISSIONS: Recycling Committee Lynn Leopold, Recycling Coordinator, asked Council to approve an insert in tax bill mailings to promote recycling. 0 0 Iq LO M Q 237 _S_ May 6, 1987 Resolution By Alderperson Schlather: Seconded by Alderperson Cummings RESOLVED, That this Common Council approves the insertion of a notice on recycling to be included with the tax bill mailings. Carried Unanimously COMMUNICATIONS FROM THE MAYOR: Letter of Appreciation for Weisburd's Mayor Gutenberger asked that Council recognize the gift of land in the Six Mile Creek area to the City of Ithaca. The Planning � Development Committee will do a letter of appreciation and bring it back to Council in June. Fire Service Recognition Day Mayor Gutenberger stated that Saturday, May 9th, is Fire Service Recognition Day in the City of Ithaca. There will be a parade starting at 10 a.m. from Thompson Park. Parking Garage - Collegetown Mayor Gutenberger stated that opening will be May 18 or 19. the Collegetown parking garage Neiderkorn Report - Route 96 Mayor Gutenberger stated that the Neiderkorn Report on Route 96 study should be published in the next few weeks. MAYOR'S APPOINTMENTS: Conservation Advisory Council Mayor Gutenberger requested approval of the Council for appoint- ment of Betsy Darlington, 204 Fairmount Avenue, to the Conservation Advisory Council for a two -year term to expire December 31, 1988. Resolution By Alderperson RESOLVED, That Darlington to term to expire Dennis: Seconded by Alderperson Booth this Council approves the appointment of Betsy the Conservation Advisory Council for a two -year December 31, 1988. Carried Unanimously Affirmative Action Committee Mayor Gutenberger requested approval of the appointment of John Saul, S19 Cayuga Heights Road, as an alternate on the Affirmative Action Committee for a three -year term to expire December 31, 1989. Resolution By Alderperson Peterson: Seconded by Alderperson Hoffman RESOLVED, That this Council approves the appointment of John Saul as an alternate on the Affirmative Action Committee for a three -year term to expire on December 31, 1989. Carried Unanimously Carried Unanimously Board of Zoning Appeals Mayor Gutenberger requested approval of appointment of John Oakley, S03 South Cayuga Street to the Board of Zoning Appeals to replace Tracy Farrell who has resigned, with a term to expire December 31, 1988. Resolution By Alderperson Cummings: Seconded by Alderperson Lytel RESOLVED, That this Council approves the appointment of John Oakley to the Board of Zoning Appeals with a term to expire December 31, 1988. Carried Unanimously 23� 6- May 6, 1987 Review of Non -Human Service Agencies Mayor Gutenberger stated that lie has appointed the following persons to serve on this committee: Alderpersons Romanowski, Haine and Booth, and Joe Spano and Paul Mazzarella as advisory. Search Committee for Deputy City Clerk By Alderperson Schlather: Seconded by Alderperson Booth RESOLVED, That this Council appoints Alderpersons Dennis, Cummings and Killeen to serve on the Search Committee for Deputy City Clerk. Carried Unanimously REPORT OF CITY ATTORNEY: ACC Lawsuit City Attorney Nash reported that within the last month the cable company has made some amendments to their original complaint seeking authority to increase the franchise fees. They have now also challenged the city's authority to add the outside consultant services as a cost of the franchise and they have also added a claim for damages against the city for violating the cable company's constitutional, civil and statutory rights. The city has responded to those matters. The negotiating committee has not reviewed the initital sub- missions by the cable company for franchise renewal. There has been communication to the cable company representatives that the city negotiating team felt that the initial submissions were not sufficient under law for negotiation purposes. Since then we have received some responses from the cable people indicating that they are seeking to revise their proposal. May 14 is scheduled for the initial session with the negotiating committee and the cable company. Noise Ordinance Enforcement Procedures - Wilcox Press City Attorney Nash stated that he has had communication with a professor at Cornell who advised us preliminarily on some readings, Department of Environmental Conservation and also with some private engineering sources. He has two estimates for doing noise level readings with calibrated equipment. Noise Ordinance Alderperson Haine asked why the city cannot purchase its own noise meters and train persons to operate this equipment instead of having to bring in people to do this for the city. City Attorney Nash will pursue this matter and report back to the Council. HUMAN SERVICEC COMMITTEE: Youth Bureau Support By Alderperson Peterson: Seconded by Alderperson Booth WHEREAS, the City of Ithaca Youth Bureau serves the city and surrounding communities, and WHEREAS, financial support is provided by some of these communities; now, therefore, be it RESOLVED, That the Intergovernmental Relations Committee of Common Council work with the Town of Ithaca in reviewing and adjusting the financial contribution from the Town to the Youth Bureau. _J Carried Unanimously Police and Community Services Hearing Alderperson Peterson stated that the next Human Services Committee meeting will be on May 19th at 7:30 p.m. There will be a public meeting for both the community and members of the Police Department to discuss the issues. Alderpersons Peterson and Romanowski are working to develop an agenda for the meeting. -7- May 6, 1987 239 Recess Common Council recessed at 9:00 p.m. and reconvened in Regular Session at 9:15 p.m. Alderperson Dennis acknowledged receipt of the Annual Financial Report. He thanked everyone involved in the prepararation of the report. Alderperson Killeen arrived at 9:05 p.m. (Woo, BUDGET AND ADMINISTRATION COMMITTEE: DPW Personnel Roster By Alderperson Dennis: Seconded by Alderperson Cummings RESOLVED, That the 1987 Personnel Roster of the Department of Public Works be amended by the addition of two laborer positions for the Collegetown Parking Garage, as requested by the Board of Public Works. Carried Unanimously Fire Department Authorized Equipment List ,71 By Alderperson Dennis: Seconded by Alderperson Killeen RESOLVED, That the 1987 Authorized Equipment List for the Fire Department be amended to include the purchase of drapes, for Central Fire Station, at a cost not to exceed $2,700, as requested by the Fire Chief, and be it further m Q RESOLVED, That an amount not to exceed $2,700 be transferred within the Fire Department budget from Account A3410 -475, Property Maintenance, to Account A3410 -205, Furniture and Fixtures. Carried Unanimously Audit By Alderperson Dennis: Seconded by Alderperson Lytel RESOLVED, That the bills presented, as listed on Audit Abstract #8/1987, in the total amount of $25,482.02, be approved for payment. Carried Unanimously Finance Department Personnel Roster By Alderperson Dennis: Seconded by Alderperson Haine RESOLVED, That the 1987 Personnel Roster of the Finance Department be amended as follows: Delete - one Senior Stenographer position Add - one Stenographer position Carried Unanimously Stenographer Provisional Appointment By Alderperson Dennis: Seconded by Alderperson Schlather RESOLVED, That Carol Sczepanski be provisionally appointed to the position of Stenographer, in the Finance Department, with an annual salary of $10,259, that being Step 3 of the C.S.E.A - Administrative Unit Compensation Plan, effective April 20, 1987. Carried Unanimously Authorization to Bid Fire Vehicle By Alderperson Dennis: Seconded by Alderperson Schlather RESOLVED, That this Common Council authorizes the Fire Chief to seek bids for a light rescue vehicle to replace the present 1982 Suburban now being used. Discussion followed on the floor. Chief Olmstead answered questions from Council. A vote on the resolution resulted as follows: Carried Unanimously 240 -8- May 6, 1987 Dictaphone Communication System By Alderperson Dennis: Seconded by Alderperson Lytel WHEREAS, approval was granted in the 1987 City Budget for the replacement of the Dictaphone Communications System for the Ithaca Police Department, and WHEREAS, said equipment had not been ordered in consideration of the Communication Room changeover so that additional expenses would not be incurred as result of this change, and WHEREAS, the system in service no longer functions to the degree that is safe, and WHEREAS, the Police Chief has requested that Council declare an emergency allowing the purchase of the Dictaphone Communications System without having to go to bid; now, therefore, be it RESOLVED, That this Common Council declares than an emergency does exist and authorizes the Police Chief to purchase a Dictaphone Communications System without the necessity of advertising for bids, at a cost not to exceed $27,211, and be it further RESOLVED, That $8,391 be transferred within the Police Department budget from Account A3120 -110, Staff Salaries, to A3120 -225, Other Equipment. Discussion followed on the floor. A vote on the resolution resulted as follows: Carried Unanimously Collegetown Street Improvements By Alderperson Dennis: Seconded by Alderperson Haine RESOLVED, That $26,384 be appropriated from C.H.I.P's money to provide additional funding required to complete Phase II of the Collegetown Street Improvements, as requested by the Board of Public Works, and be it further RESOLVED, That the Finance Department be, and it is, hereby directed to prepare a proposal for local tax assessments on the property affected by the Phase I and Phase II street and related improvements in Collegetown, which proposal shall be available for review by Common Council in time for the 1988 budget year considerations. Discussion followed on the floor. Paul Mazzarella answered questions from Council regarding Phase II construction. A vote on the resolution resulted as follows: Ayes (9) - Schlather, Booth, Lytel, Cummings, Romanowski, Haine, Peterson, Killeen, Dennis Nay (1) - Hoffman Carried Refund of Tax Penalty By Alderperson Dennis: Seconded by Alderperson Schlather RESOLVED, That the request of George W. Trimberger for a refund of penalty on 1987 City Taxes be denied. Carried Unanimously Finance Department Annual Report By Alderperson Dennis: Seconded by Alderperson Schlather RESOLVED, That this Common Council acknowledges the receipt of the 1986 Finance Department Annual Report. Carried Unanimously -9- 241 May 6, 1987 Dog Enumeration By Alderperson Dennis: Seconded by Alderperson Haine RESOLVED, That this Common Council allocates an amount not to exceed $4,000, for dog enumeration, and be it further RESOLVED, That an amount not to exceed $4,000 be transferred from Account A1990, Contingency, to Finance Department Account A131S -43S, Contractual Services, to provide funding for personnel, mileage and advertising. Carried Unanimously Bond Authorization By Alderperson Dennis: Seconded by Alderperson Schlather A RESOLUTION AMENDING BOND RESOLUTION DATED AUGUST 6, 1986, WITH RESPECT TO THE MAXIMUM ESTIMATED COST AND PLAN FOR THE FINANCING OF THE COLLEGE AVENUE PARKING STRUCTURE AND THE COLLEGE AVENUE STREET IMPROVEMENT AND AUTHORIZING THE EXPENDITURE OF ADDITIONAL MONEYS FOR SUCH STREET IMPROVEMENT. WHEREAS, by bond resolution dated February 6, 1985, the Common Iq Council of the City of Ithaca, Tompkins County, New York, LO authorized the construction of the College Avenue parking structure and the construction of the College Avenue street M improvement and provided for the financing thereof; Q WHEREAS, by bond resolution dated August 6, 1986, said Common Council determined that such College Avenue parking structure should be expanded to a capacity of between 200 and 220, that the maximum estimated cost of such project was $2,125,000, and that the maximum estimated cost of the College Avenue street improvements was $750,000, with provision for such funding, and WHEREAS, it has now been determined that the maximum estimated cost of the College Avenue parking structure is $2,085,000, a decrease of $40,000 from that previously authorized, and that the maximum estimated cost of the College Avenue street improvement is $816,384, an increase of $66,384 over that previously authorized, and WHEREAS, it is now desired to amend bond resolution dated August 6, 1986, accordingly, and to provide for the expenditure of an additional $26,384 monies of said City for the College Avenue Street improvement; now, therefore, be it RESOLVED, by the Common Council of the City of Ithaca, Tompkins County, New York, as follows: Section 1. Section 2 and 3 of bond resolution dated August 6, 1986, more fully described in the preambles hereof, are hereby amended to read as follows: "Section 2. It is hereby determined that the maximum estimated cost of the construction of a parking structure on the land described in paragraph a of Section 1 of the bond resolution dated February 6, 1985 and to be located on the North side of Dryden Road between College Avenue and Eddy Street and to contain between 200 and 220 parking spaces is $2,085,000, and that the plan for the financing thereof is as follows: a) By the issuance of the $1,662,500 serial bonds of said City authorized to be issued therefor pursuant to bond resolution dated February 6, 1985; 242 -10- May 6, 1987 b) By the expenditure of the $37,500 current funds of said City appropriated therefor in the 1984 budget paragraph c of Section 1 of the bond resolution dated of said City; February 6, 1985, and in Section 2 hereof, including side- c) By the expenditure of $50,000 current funds of said and that the plan for the financing thereof is as follows: City appropriated from the parking reserve fund; d) By the issuance of $316,250 of the additional $1,448,750 bond resolution dated February 6, 1985; serial bonds authorized to be issued pursuant to bond resolution dated August 6, 1986; and e) By the expenditure of $18,750 additional moneys hereby appropriated therefor from the parking reserve fund. Section 3. It is, hereby determined that the maximum estimated cost of the construction of street improvements required for the purpose of the parking structure described in paragraph c of Section 1 of the bond resolution dated February 6, 1985, and in Section 2 hereof, including side- walks and curbing for surrounding areas, is $816,384, and that the plan for the financing thereof is as follows: a) By the issuance of the $570,000 serial bonds of said City authorized to be issued therefor pursuant to bond resolution dated February 6, 1985; b) By the expenditure of the $30,000 current funds of said City appropriated therefor in the 1984 budget of said City; c) By the issuance of $182,500 of the additional $1,448,750 serial bonds authorized to be issued pursuant to bond resolution dated August 6, 1986; d) By the expenditure of $7,500 moneys hereby appropriated fund; and therefor from the parking reserve e) By the expenditure of $26,384 moneys hereby appropriated therefor from the Consolidated Highway Improvement Program Fund." Section 2. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said City is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 3. This resolution, which takes effect immediately, shall be published in full in the Ithaca Journal, the official newspaper, together with a notice of the City Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. The question of the adoption of the foregoing resolution was duly put to a vote on roll call which resulted as follows: 243 -11- May 6, 1987 Romanowski - Aye Cummings - Aye Schlather - Aye Killeen - Aye Dennis - Aye Hoffman - Aye Peterson - Aye Lytel - Aye Haine - Aye Booth - Aye Carried Unanimously Mayor's Salary - Local Law - Lay on Table Alderperson Dennis introduced A LOCAL LAW ESTABLISHING THE ANNUAL SALARY OF THE MAYOR OF THE CITY OF ITHACA. (600.1 BE IT ENACTED by the Common Council of the City of Ithaca, New York, as follows: SECTION 1. ESTABLISHING THE ANNUAL SALARY OF THE MAYOR OF THE CITY OF ITHACA. The annual salary of the Mayor of the City of Ithaca is hereby established and set at $32,000 per year commencing January 1, 1988. T-1 SECTION 2. EFFECTIVE DATE. Iq This Local Law shall take effect immediately after filing in the Office of the Secretary m of State. Q Resolution By Alderperson Dennis: Seconded by Alderperson Killeen RESOLVED, That the Local Law establishing the annual salary of the Mayor of the City of Ithaca be laid on the table. Discussion followed on the floor. Alderperson Dennis discussed the merits of raising the Mayor's salary to $32,000 and explained why this amount was recommended. Further discussion followed on the floor. A vote on the resolution resulted as follows: Ayes (8) - Booth, Romanowski, Cummings, Schlather, Haine, Killeen, Lytel, Dennis Nays (2) - Peterson, Hoffman Carried Alderperson's Salary - Local Law - Lay on Table Alderperson Dennis introduced A LOCAL LAW ESTABLISHING THE ANNUAL SALARY OF THE ALDERPERSONS OF THE CITY OF ITHACA. BE IT ENACTED by the Common Council of the City of Ithaca, New York, as follows: SECTION 1. ESTABLISHING THE ANNUAL SALARY OF THE ALDER - PERSONS OF THE CITY OF ITHACA. The annual salary of the Alderpersons of the City of Ithaca are hereby established and set at $5,500 per year commencing January 1, 1988. SECTION 2. EFFECTIVE DATE. This Local Law shall take effect immediately upon its being duly filed in the Office of the Secretary of State subject to the provisions of Section twenty -four of the Municipal Home Rule Law. 244 -12- May 6, 1987 Resolution By Alderperson Dennis: Seconded by Alderperson Killeen RESOLVED, That the Local Law establishing the annual salary of the Alderpersons of the City of Ithaca be laid on the table. Discussion followed on the floor. Alderperson Dennis discussed the merits of raising the Alder - persons salaries. Further discussion followed on the floor. Amending Resolution By Alderperson Lytel: Seconded by Alderperson Haine RESOLVED, That the $5,500 figure be amended to $6,000, which as of 1987 would be a 5o increase compounded annually from the last Council salary increase in 1981. Alderperson Schlather explained his reasons for not supporting salary increases for Alderpersons. Further discussion followed on the floor. A vote on the amending resolution resulted as follows: Ayes (4) - Lytel, Cummings, Haine, Killeen Nays (6) - Booth, Schlather, Peterson, Romanowski., Hoffman, Dennis Motion Defeated Main Motion A vote on the main motion resulted as follows: Ayes (6) - Dennis, Haine, Hoffman, Lytel, Romanowski, Killeen Nays (4) - Schlather, Cummings, Booth, Peterson Carried Wilcox Press Noise By Alderperson Dennis: Seconded by Alderperson Cummings RESOLVED, That $1500 be allocated to hire a qualified person to gather noise level readings, during the day and at night time, at Wilcox Press, with City Attorney Nash overseeing the operation. Discussion followed on the floor. A vote on the resolution resulted as follows: Carried Unanimously CHARTER AND ORDINANCE COMMITTEE: An Ordinance Amending Sections 30.3, 30.25, 30.26 and 30.37 of Chapter 30 Entitled 'Zoning' of the City of Ithaca Municipal Code (Adult Day Care) By Alderperson Schlather: Seconded by Alderperson Killeen ORDINANCE NO. 87 - AN ORDINANCE AMENDING SECTIONS 30.3, 30.25, 30.26 AND 30.37 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 SECTIONS 30.3, 30.25, 30.26 AND 30.37 r-) Iq LD m Q -13- May 6, 1987 That Sections 30.3, 30.25, 30.26 and 30.37 are hereby amended as follows: § 30.3 B. Definitions Specific Terms or Words. Add: 101. "Adult Day Care" shall mean provision of daytime care to adults whose ability to independently perform the normal activities of daily life is limited by age or by physical or other impairment but who do not require the level of care provided by nursing homes or medical facilities. Add: 102. "Adult Day Care Home" shall mean a dwelling unit in which adult day care is provided to not more than six (6) adults at one time, by a resident of the dwelling. Add: 103. "Group Adult Day Care Facility" shall mean any habitable structure or habitable part of any structure in which Adult Day Care is provided (a) to more than six (6) adults at one time or (b) to more than two (2) adults when such day care is not conducted by a resident of the facility. § 30.25 District Regulations Line R -1, Col. 3, add '7. Adult Day Care Home.' Line R -2, Col. 2, revise item 6 to read '6. Nursery school, child day care center, group adult day care facility.' Line R -3, Col. 2, revise item 9 to read 19. Nursery school, child day care center, group adult day care facility.' § 30.26 Standards for special conditions and special permits Add to Subsection Cl 'n. Add to Subsection C4 'vi § 30.37 Off- street parkin Group Adult Day Care Facilities in R -2 districts.' Group Adult Day Care Facilities in R -2 districts: Applicants shall furnish information sufficient to describe the scope of the proposed activity, including size of building, number of clientele, operating hours, off - street parking availability, number of employees, and proximity to other Group Adult Day Care Facilities in the neighborhood. Prior to granting any Special Permit for such use, the BZA must find that the activity is compatible with the character and quality of the neighborhood in which it is to be located.' Add to chart 'Adult Day Care Home, Group Adult Day Care Facility, 1 space for client use, plus 1 space per two supervisory staff or employees not residing on the premises.' 245 246 -14- May 6, 1987 SECTION 2. EFFECTIVE DATE. This ordinance shall take effect immediately and in accordance with law upon publication of a notice as provided in § 3.11(B) of the Ithaca City Charter. Alderperson Schlather explained the ordinance and the meaning of Adult Day Care. Alderperson Schlather thanked City Planner Jon Meigs and the committee for their work on this ordinance over the past several months. A vote on the resolution resulted as follows: Carried Unanimously An Ordinance Amending Section 26.24 of Chapter 26 entitled "Building Permits" of the City of Ithaca iivaicipal Code. By Alderperson Schlather: Seconded by Alderperson Dennis ORDINANCE NO. 87 - 14 AN ORDINANCE AMENDING SECTION 26.24 OF CHAPTER 26 ENTITLED "BUILDING PERMITS" OF THE CITY OF ITHACA MUNICIPAL CODE. BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, New York, as follows: Section 1. That Section 26.24 of the City of Ithaca Municipal Code entitled "Building Permits" be and the same is hereby amended to read as follows: Section 26.24 Building Permits A. Permit Required. Every construction or demolition operation shall require a building permit as well as any conversion (as defined by Chapter 30 of the Municipal Code or Chapter F of the New York State Uniform Fire Prevention and Building Code) or change of use of a building or structure. In the case of ordinary repairs scattered over a building or group of buildings, the Building Commissioner may in his discretion forego said permit. A permit must be obtained before (1) any excavation work is done other than for utility lines, or (2) before cutting of any beams or supports, or (3) before removal of or closing of any stairway or means of exit. B. Repairs and alterations without a permit. Repairs and alterations of buildings or structures may be made without notice to the Building Commissioner if the work meets the criteria of Paragraphs 1 or 2, below: 1. The work involves repairs using like materials or alterations to existing buildings, provided that such work: a) costs less than to of the value of the building or structure and less than ten thousand dollars ($10,000), or costs more than to of the value of the building or structure but totals less than one thousand dollars ($1,000) ; and b) does not materially affect structural features; and d �1 J s-i Iq LO m a 247 =Ws May 6, 1987 c) does not affect fire safety features such as smoke detectors, sprinklers, required fire separations, and exits; and d) does not involve the installation or extension of electrical systems; and e) does not involve the installation or extension of plumbing systems as defined in the City of Ithaca Plumbing Code; and f) does not include the installation of solid fuel burning heating appliances and associated chimneys or flues; and g) does not involve the change in use of the building or structure or a conversion as defined in Chapter 30 of the Municipal Code or Chapter E of the New York State Uniform Fire Prevention and Building Code; or 2. If the work involves the construction, repair, or alteration small noncommercial structures less than 100 square feet) in area not intended for use by one or more persons as quarters for living, sleeping, eating, or cooking; e.g.: a small storage building. Costs shall be assumed to include both labor and materials. In cases where cost information is not readily available to the Building Commissioner and there exists a question of the value of any alteration or addition, he shall have the discretionary power to make his own estimate of such labor, material and other costs. Labor costs shall be estimated to be at least equal to federal minimum labor standards to be in effect at the time. C. Application for permit. Every application for a permit shall be in writing on approved form and shall be signed by the owner or his authorized agent. In his discretion the Building Commissioner may require sealed plans from an architect or engineer registered to practice in the State of New York for structural or other work, even though the cost of the work may be below the minimum requirement of the State Education Law, and may also require a property survey of the lot or lots concerned in any proposed building operation. Permit fees shall be paid before permit review can commence according to the following schedule: Where the total valuation of the work is: 1. $1,000.00 or less 2. From $1,001.00 to $2,000.00 3. From $2,001.00 to $5,000.00 4. From $5,001.00 to $6,000.00 S. From $6,001.00 to $7,000.00 6. From $7,001.00 to $25,000.00 None $10.00 $15.00 $30.00 $38.75 $38.70 for the first $7,000.00 plus $4.3S for each additional $1,000.00 or fraction thereof, to and including $25,000.00 248 -16- May 6, 1987 7. From $25,001.00 to $50,000.00 8. Over $50,000.00 $117.00 for the first $25,000.00 plus $3.00 for each additional $1,000.00 or fraction thereof, to and including $50,000.00 $192.00 for the first $50,000.00, plus $2.00 for each additional $1,000.00 or fraction thereof. (BALANCE OF SECTION 26.24 TO REMAIN AS IS) 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 explained the ordinance and answered auestions from Council. A vote on the resolution resulted as follows: Carried Unanimously Noise on The Commons (CAB Proposal) Alderperson Schlather explained that there was a 2 to 3 vote on the question of recommending to Council the ordinance that the committee had originally had on the table last month (the CAB recommendation). The lines were split on a 2 to 2 to 1 division. There were 2 people in favor of no regulation at all, there were 2 people in favor of going with the CAB regulation and there was 1 person in favor of going with the so- called 25 foot rule, which would render consistent the noise regulations for buildings and owners of buildings with the noise regulations for the passing and transient public. Because of that split and because nobody could garner a majority, except in the negative, there is no resolution for Council. but he would note that at this time we will continue as is until Council acts and as is means that there is no regulation oil that particular issue. There still is a noise ordinance, there still is the 25 -foot rule for people on The Commons, there just is no regulation other than the noise ordinance for noise emanating from inside a building directed towards The Commons. Alderperson Schlather agreed to have the Charter and Ordinance Committee review this matter once again. Charter and Ordinance Committee Summer Hours Alderperson Schlather reported that the Charter and Ordinance Committee will be meeting at 8:00 p.m. for the Summer hours (May- August). PLANNING AND DEVELOPMENT COMMITTEE: Youth Bureau Site Alderperson Cummings reported that the Planning and Development Committee reviewed the site plan which had been seen by the Budget and Administration Committee the month before. The committee examined the plan, looked at some of the concerns for costs overtime, talked about phasing, what parts of the plan need to be done in what order, sent on to B&A the strong request that those components singled out by the Department of Public Works for immediate implementation be funded. That went on to B&A where money was made available to do the necessary I rn (400, Iq LO M Q -17- May 6, 1987 24;) parking, curbing, and sidewalks. The remainder of the plan is something which would be implemented over time in a cooperative effort between community input, volunteers working through the Centennial Commission, working with city DPW staff and architects involved in the site. Proposed Chamber of Commerce Site The committee entertained a proposal from the Chamber of Commerce. They requested permission to construct an acce3s driveway across a corner of city owned land to allow them to access more safely, effectively and efficiently, construct a second means of access to their proposed Chamber of Commerce site, which is on private property in the Town of Ithaca. That proposal was referred to the Board of Public Works for their consideration. Discussion followed on the floor. Alderperson Hoffman commented that he believed the building of an access road was a policy decision and should be made by Common Council and implemented by the Board of Public Works. Alderperson Schlather suggested that the policy issue of use of that land be referred to the Common Council for final decision prior to any granting of license by the Board of Public Works to the Chamber of Commerce. Mayor Gutenberger commented that the Chamber of Commerce has been to the Town of Ithaca and twice met with the BPW. There was nothing on the agenda tonight regarding this project so therefore the Chamber of Commerce did not have the opportunity to come in and talk to Council. He did not think it was fair to have the Chamber get 99% through the process and then have Council change the process. Alderperson Cummings explained the reason the request had not come to Council first was that since the committee did not want to relinquish control over the property they came up with a mechanism for handling it which would keep the city in control of the property and that is why it went to the Board of Public Works. The committee felt this put the city in the strongest control position rather than transferring or selling the property. A one year revocable permit could be issued by the BPW. Resolution By Alderperson Schlather: Seconded by Alderperson Booth RESOLVED, That the policy issue of use of city owned land by the Chamber of Commerce be referred back to the Planning and Development Committee and the Board of Public Works be directed not to issue a license until after Common Council has reviewed the matter and acted on it at the June 3rd Common Council meeting. Further discussion followed on the floor. A vote on the resolution resulted as follows: Ayes (6) - Schlather, Haine, Romanowski Nays (3) - Dennis, Cummings, Abstention (1) - Killeen Booth, Hoffman, Peterson, Lytel Carried Environmental Bond Act By Alderperson Cummings: Seconded by Alderperson Haine WHEREAS, the present Greater Ithaca Activities Center Court Street mini -pool is the only public pool located in the City's downtown area, and 250 -18- May 6, 1987 WHEREAS, the present pool during an average summer will serve an estimated 300 youths living in the downtown neighborhoods and has become a valuable recreational resource during its ten years of service in the Northside - Southside communities, and WHEREAS, the present pool will not be in functioning condition this season, and WHEREAS, the Environmental Quality Bond Act has made available matching funds for reimbursement of fifty percent (500) of eligible costs, for which construction of a new municipal swimming pool may be considered an eligible activity, and WHEREAS, a request for funds will be submitted to the 1988 Capital Budget to build a new in- ground municipal pool, and WHEREAS, the costs of operating a new in- ground pool will not be substantially different from those of the existing pool; now, therefore, be it RESOLVED, That Common Council authorizes and directs the Department of Planning and Development to submit an application under Title 9, Municipal Parks Projects, of the Environmental Quality Bond Act to the New York State Office of Parks, Recreation and Historic Preservation for construction of a new municipal swimming pool for the Greater Ithaca Activities Center, the location of which shall be mutually satisfactory to GIAC, the Ithaca School District, and the Central School. Discussion followed on the floor. Amending Resolution By Alderperson Schlather: Seconded by Alderperson Booth RESOLVED, That the fifth WHEREAS be deleted. Ayes (3) - Schlather, Romanowski, Booth Nays (7) - Lytel, Cummings, Peterson, Hoffman, Haine, Killeen, Dennis Motion Defeated Further discussion followed on the floor. Concern was expressed by several Alderpersons that coal tar exists at the site. Alderperson Killeen asked City Attorney Nash to check on clean -up of the area regarding the supposed coal tar in the area. Main Motion A vote on the main motion resulted as follows: Carried Unanimously Brick Pavers Reuse - Clinton Hall Public Right -of Way and Courtyard By Alderperson Cummings: Seconded by Alderperson Haine WHEREAS, Clinton Hall has been designated a local landmark and is under consideration for nomination to the National Register of Historic Places, and WHEREAS, Clinton Hall was until recently derelict and in danger of demolition or collapse, and WHEREAS, Joseph Ciaschi bought and rehabilitated Clinton Ball in compliance with design review criteria of the Ithaca Landmarks Preservation Commission and has made a substantial private investment in the rehabilitation work, and 251 -19- May 6, 1987 WHEREAS, the Ithaca Landmarks Preservation Commission has determined the proposal to be eligible according to criteria stated in the City's Brick Reuse Policy, adopted by Common Council October 1, 1986, and WHEREAS, areas to be paved are public rights -of -way and are accessible to the public; now, therefore, be it RESOLVED, That in recognition of Mr. Ciaschi's contribution to the revitalization of downtown Ithaca through the restoration and rehabilitation of Clinton Hall, Common Council does hereby sell ten thousand (10,000) brick pavers for use at Clinton Hall to Joseph Ciaschi for a total price of one dollar ($1.00). Discussion followed on the floor regarding the legality of transferring the bricks as a gift to a private citizen and whether the area to be paved is a public or a common right - of -way. Tabling Resolution By Alderperson Lytel: Seconded by Alderperson Romanowski RESOLVED, That the City Attorney is directed to determine LO whether the area to be paved with bricks is a public right- = of -way and whether there is a legal mechanism that makes m it possible for the city to transfer the bricks to the developer of the Clinton Hall site. Q Carried Unanimously Landfill Site- Impact on the City By Alderperson Cummings: Seconded by Alderperson Haine WHEREAS, the City of Ithaca recognizes its responsibility to work with the County of Tompkins towards a rational and economically viable system for disposition of solid waste generated in the City and throughout Tompkins County, and WHEREAS, the City further recognizes that solid waste disposition (N� is an increasingly serious problem for all municipalities across the state and the nation; now, therefore, be it RESOLVED, That the City hereby pledges itself to work with Tompkins County to develop a solid waste disposal system which includes non - polluting volume reduction techniques such as baling, composting, recycling, etc., and further pledges its support to imposition of a tipping fee which will act as an incentive for sensible, controlled landfill use, and be it further RESOLVED, That the City recommends the use of Route 13 as the roadway best capable of handling the additional volume of traffic which will be generated by trucks going to and from a future landfill, and be it further RESOLVED, That the City strongly reugests that Tompkins County choose a site which is not situated in the City watershed. Discussion followed on the floor. Amending Resolution By Alderperson Cummings: Seconded by Alderperson Killeen RESOLVED, That in the first RESOLVED, in the middle of line 4 the following be deleted: "and further pledges its support to imposition of a tipping fee which will act as an incentive for sensible, controlled landfill use ". Discussion followed on the floor. Alderperson Romanowski objected to the main resolution stating that Route 13 be recommended as t;t,�- roadway best capable of handling the ica i�i f traffic. He felt that this was a pre,uatur0 S -�'JC . i. iv, ,I-L' . 252 -20- May 6, 1987 Alderperson Hoffman objected to the amending resolution deleting imposition of a tipping fee. He felt it was important to state that those who generate the trash pay for it proportionately as this will be the only way people will take the responsibility for their garbage. Alderperson Cummings stated that there is a meeting scheduled for Tuesday, May 12, at 7:00 p.m. with a presentation from Cooperative Extension at 7:30 p.m. County representatives will be there. She urged Council members to attend. Resolution to Table By Alderperson Dennis: Seconded by Alderperson Booth RESOLVED, That the matter of Landfill Site - Impact on City be tabled. Ayes (8) - Romanowski, Cummings, Haine, Dennis, Booth, Killeen, Hoffman, Peterson Nays (2) - Schlather, Lytel Carried Capital Improvement Program - Schedule for 1988 Alderperson Cummings stated that by May 22 all Capital Improve- ment requests should be submitted to Planning and Development. On June 12 the capital budget as compiled will be submitted to Capital Review Committee. If Council wants to add anything to the list it must be done before the end of May. Executive Evaluation, Director Planning and Development Alderperson Cummings stated that the P&D Committee is looking at three evaluations in June. REPORT OF SPECIAL COMMITTEES AND COUNCIL LIAISONS: Six Mile Creek Committee Alderperson Peterson reported that the new gorge ranger started work on May 3. The committee passed a resolution making a recommendation on how to rehabilitate the slope around the pipeline above the 30 foot dam. The information was sent to the Board of Public Works. Human Services Coalition Alderperson Peterson reported on the May 6 meeting-of the Human Services Coalition. They sponsored their first hearing with groups requesting funds from the City and the County. Atty. Nash is researching how we might deal with these community organizations since we do not have Federal Revenue Sharing Funds for 1988. Town of Ithaca Board of Zoning Appeals - Fire Station Construction Alderperson Killeen reported that he attended the Town of Ithaca BZA meeting where 2 sites had been approved for construction of new fire stations. One site is an acre and a half above the entrance to Ithaca College. The other site is a three and a half acre Cornell farm across from the Odd Fellows Hall near the hospital. ADJOURNMENT: On a motion the meeting adjourned at ll:SS P.M. , cz_� e, Callista F. Paolan eli City Clerk