HomeMy WebLinkAboutMN-CC-1988-03-0231
COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 7:30 P.M. March 2, 1988
PRESENT:
Mayor Gutenberger
Alderpersons (10) - Booth, Cummings, Hoffman, Johnson, Killeen,
Lytel, Nichols, Peterson, Romanowski, Schlather
OTHERS PRESENT:
City Controller - Spano
City Attorney - Nash
Deputy City Controller - Cafferillo
Building Commissioner - Hoard
Planning and Development Director - Van Cort
Acting Deputy City Clerk - Holcomb
Planning and Development Deputy Director - Mazzarella
Superintendent of Public Works - Dougherty
_Acting Director Youth Bureau - Wilson
Board of Public Works Commissioner - Reeves
Police Chief - Page
Personnel. Administrator - Baker
Associate Personnel Administrator - Walker
I- Fire Chief - Olmstead
LO PLEDGE OF ALLEGIANCE:
Mayor Gutenberger led all present in the Pledge of Allegiance
m to the American flag.
Q
MOMENT OF SILENCE:
Mayor Gutenberger asked all present to observe a moment of
silence in remembrance of Kenneth Fauls, father of our City
Clerk Callista Paolangeli and Bingo Inspector for the City
of Ithaca who passed away on February 29, 1988.
APPOINTMENT:
Acting Deputy City Clerk
By Alderperson Schlather: Seconded by Alderperson Killeen
RESOLVED, That this Common Council approves the appointment
of Connie J. Holcomb as Acting Deputy City Clerk with an
annual salary of $17,528, effective February 29, 1988.
Carried Unanimously
Mayor Gutenberger stated for the record that Connie J. Holcomb
has been duly appointed as Acting Deputy City Clerk.
MINUTES:
Postponement of Approval of Minutes of the February 3, 1988
Common Council Meeting
By Alderperson Schlather: Seconded by Alderperson Killeen
RESOLVED, That the approval of the Minutes of the February
3, 1988 Common Council meeting be postponed until the April
6, 1988 meeting.
Carried Unanimously
SPECIAL ORDER OF BUSINESS:
Public Hearing - An Ordinance Amending the Zoning Map of
Chapter 30 Entitled 'Zoning' of the City of Ithaca Municipal
Code (Re- zoning so- called "Watts Lot" from B -2a to R -2b)
Resolution to Open Public Hearing
By Alderperson Bootn: Seconded by Alderperson Lyte1
(40� RESOLVED, That the Public Hearing to consider an ordinance
amending the Zoning Map of Chapter 30 entitled 'Zoning' of
the City of Ithaca Municipal Code (re- zoning so- called "Watts
Lot" from B -2a to R -2b) be declared open.
Carried Unanimously
Alderperson Booth gave background information on the ordinance.
iL
32 -2- March 2, 1988
Mayor Gutenberger stated that the City Attorney, Common Council
and he are in receipt of a protest regarding the re- zoning
of the so- called "Watts Lot ". Because of this protest it
will require 8 votes of Common Council to re -zone the parcel.
Laura Lewis, 509 Willow Avenue, expressed her support for
the "Watts Lot" being re -zoned to residential zoning. She
thinks the density is too high for the proposed apartments
as they will be predominently single bedroom and efficiency
apartments. She feels that would have a severe negative
impact on the nature of the neighborhood. She urged Common
Council to vote in support of the neighborhoods.
Marjorie Olds, 214 Lake Avenue, President of Northside /Cascadilla
Creek Association, stated that the R -2b zoning designation
is needed to protect the neighborhood from over - development
in the area. She urged Council to please listen to the neigh-
- borhood concerns.
Resolution to Close Public Hearing
By Alderperson Schlather: Seconded by Alderperson Booth
RESOLVED, That the public hearing to consider an ordinance
amending the zoning map of Chapter 30 entitled 'Zoning' of
the City of Ithaca Municipal Code (re- zoning so- called "Watts
Lot" from B -2a to R -2b) be declared closed.
Carried Unanimously
ADDITIONS TO THE AGENDA:
Charter and Ordinance Committee
Alderperson Booth stated that Item 15.3 should read Farmers'
Markets License for 1988 - Legal Considerations: Report
and Possible Resolutions.
Alderperson Booth requested the addition of Item 15.10 -
Environmental Assessment for Simeon's Restaurant License.
No Council member objected.
Budget and Administration Committee
Alderperson Schlather requested that Item 14.7, Approval
of Employee Bargaining Unit Contract - City Executive Association,
and Item 14.8, Approval of Employee Bargaining Unit Contract
- Police Benevolent Association be changed from Possible
Resolutions to "Resolutions ".
No Council member objected.
Planning and Development Committee
Alderperson Cummings requested that Item 16.5, INHS Mutual
Housing Development Agreement be changed from a Resolution
to a Report.
Alderperson Nichols objected.
The Chair ruled that the item would stay on the agenda as
submitted due to the objection.
Report of Special Committees and Council Liaisons
Alderperson Killeen requested a brief report on the New Fire
Stations Committee and a report on the Stewart Park Advisory
Group. J_
No Council member objected.
New Business
Alderperson Killeen requested the addition of a resolution
regarding suspension of cable TV rate increases.
No Council member objected.
-3-
March ?, 1988 33
COMMUNICATIONS:
Mayor Gutenberger requested that the following letter from
Etta Gray, Administrative Unit member, concerning stalled
negotiations between the City of Ithaca and CSEA be included
in the Minutes:
"Mr. Mayor and Alderpersons:
The Administrative Unit started its contract negotiations
in September. We are very discouraged that the process has
been so lengthy and adversarial.
We are not enemies! Our unit is a part of one city team!
We are all employees! We understand the differences that
exist between a contract for us and a contract for the Police
and Fire Department Units, but not the gap between us and
the Executive Unit. We work side -by -side with these people
and on the issues of common ground there should be no major
differences.
-We understand the concept of negotiating is to give and take,
but why should our unit have to be willing to give up something
to achieve the same benefits enjoyed by the Executive Unit
such as sick leave accumulation and redemption? We have
LO seen the process reversed for the Executive Unit in the case
of our unit trading and bargaining for the day after Thanksgiving
(� as a holiday. When our contract went into effect, with no
change in the Executive Unit contract (and it is still unchanged)
M they were given the holiday, as a "freebie" with no negotiating.
Why isn't it as easy for the Administrative Unit? The Adminis-
trative Unit is bound strictly to its contract. From the
number of grievances filed by our unit you can judge the
number of violations by management of our contract. How
many grievances has the Executive Unit had to file? When
has management violated their contract?
Management stresses the need for competitive salaries to
maintain quality executive personnel. We understand this.
When new people are brought into our unit we are told that
the new people have to be hired at money higher than those
(4000'el already on the job in same titles, we are told that this
is the marketplace at work and we understand that, too. Why
then does management still deny the fact that our salary
scales are out of line and refuse to make some fair adjustments?
Why did the City pay for an outside study that showed exactly
what we already knew to be the situation and then flatly
reject implementing any plan that might rectify the problem?
What was the point of paying $5,000.00 for the study?
We accept the bitter realities of favoritism, croynism and
nepotism and will continue to strive for fair treatment and
a fair contract but you will have to do your ap rt! Because
of my commitment to a second job, I an unable to attend your
meeting and I request that my letter be read into the record.
Sincerely yours,
Etta C. Gray"
Town of Ithaca Letter Regarding Youth Bureau Negotiations
Mayor Gutenberger referred to a letter from the Town of Ithaca
indicating that they are supporting the resolution which
was sent to all municipalities.
Tompkins County Board of Representatives - Youth Bureau Discussions
Mayor Gutenberger has received a letter stating that the
County Board has passed a resolution in support of the overall
master planning efforts and has pledged themselves to work
actively with the City of Ithaca and other entities durint
the remainder of this year to facilitate a comprehensive
planning effort on the provision of youth services for our
community.
34
-4-
March 2, 1988
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
Centennial Beautification Committee Clean -up Day
Harold Gerkin, 116 Mitchell Street, Board of Public Works
Commissioner, read the following statement to Council:
"Mr. Mayor, ilembers of Common Council and Citizens:
I have been appointed Chair of the Centennial Beautification
Committee Clean -up Day. This event will take place on Saturday,
April 16, from 12 noon to 3 p.m. (rain date April 17).
Interestingly, after we had selected our date for clean -up,
we learned that the NATIONAL STUDENT CAMPAIGN AGAINST HUNGER
had also selected the same date for its HUNGER CLEAN -UP activities.
Our committee will determine certain projects for their campaign
as well as carrying on our own city -wide beautification clean -up.
I have copies of the CAMPAIGN literature which I will hand
out.
But the success of Ithaca's program will be a measure of our
-city's pride! It is crucial that there be participation
from each Ward. Therefore, tonight I am asking all Alderpersons
to contact their constituents with the message that the Clea:i -up
Committee is in immediate need of administrative help in
the following areas: publicity, recruiting, phoning, etc.
Cornell University is already involved in our City clean -up
plans having chosen Cascadilla Gorge from the tennis courts
to University Avenue as its project. Service organizations,
some athletic teams and other students are enthusiastically
signing up.
Our City residents should be celebrating with pride this cen-
tennial year! Their clean -up efforts, small or large, will
add to the evidence of that pride.
May we look to you as representatives of your Wards to furnish
us with the names of people who would work on this important
project? We ask that you turn your findings in to the Centennial
Office as early as possible, certainly no later than March 14.
Thank you."
Florence Hoard, 42 Cornell Street, Chairman of the Beautification
Committee of the Centennial, urged Council members to give
support to this clean -up effort.
Union Contracts for City Workers
Dave Livingstone, Pres. of Tomp ins County CSEA and Pres.
of the Unit of DPW workers for the City of Ithaca, spoke
to Council regarding the stalled contract negotiations. He
stated that he represented 130 people in the City and they
would like to have some realistic bargaining at the table
with the city's negotiators.
Mr. Livingstone asked for a moment's silence from the people
for our departed co- worker Mick Vanderpool who passed away
last week.
Dana Morgan, Vice President of the DPW Unit and Chairman
of the CSEA Negotiating Team, read the following statement
to Council:
"We are here once again to speak to you because you have
failed to hear our plea. Our Unit began negotiations in
October of 1987, and we find that we cannot reach a settlement.
There are six specific points at issue for the DPW Unit,
namely:
1. Management has attacked our seniority clause.
2. Management has attacked our provisions for working out -
of- title.
0
D
_S_ March 2, 1988
3. Management has failed to hear our cry for protective
clothing for the sanitation and sewer crews.
4. Management has turned a deaf ear to increasing accumulated
sick time, thereby making it nearly impossible for a
retiring employee to have health insurance.
S. Dental insurance is a high priority item for employees,
as you are probably already aware by virtue of the question-
naire which was given to all city employees late last
year. I might add that this questionnaire was - passed.
out by your own Personnel Director during the course
of negotiations. In the committees' mind, this is just
on the verge of bargaining in bad faith.
6. It is long past time that management took a long hard
look at the poverty level wage structure that now exists
in the CSEA Compensation Plans.
Laborers start at $4.75 an hour. After four years of service,
-God save us, they are all the way up to $S.S6! This is an
increase of .203 cents a year for 4 years of faithful service.
During the negotiating sessions, we have shown plans which
LO would address each one of these areas that I have just mentioned.
%:I' What is neeca, : now is for management to listen. Perhaps
LO we should have one of these microphones during negotiations.
Z Then maybe, just maybe, you would hear us.
M Mr. Mayor, you have publicly gone on record as supporting
the Cargill Workers and the U.A.W. at Cornell.
We feel it )w time to support your own family, the employees
of the City ! thaca."
Lou Volpicelli, 110 Franklin Street, addressed the issue
of health insurance for retirees. He stated that after 3S
years of service with the city, when he retires his health
insurance premium will be 102% higher than it was in 1987.
For any employee contemplating retirement this is very dis-
turbing. The Union is now in negotiations to try to raise
sick benefits so that we will have more money to put toward
our health insurance premiums. As we all know, the City
is trying to take that away from us al.so.` He stated that it
is very sad knowing that after 3S years of service with the
City of Ithaca, all they do is say, "thanks a lot but go
out and get yourself another job."
Bill Baker-, 6 !hilbert Hollow Road, Spencer, Vice President
of the Admi tive Unit, CSEA, read the following statement
to Council:
"I have been i:i,.olved in several contract negotiations and
the current posture taken by the city representatives in
negotiations is very disheartening. I have never seen such
a hard -nosed position as is taken this year.
Issues of contention in our Unit are in the line with DPW.
Seniority - we've had this seniority clause in our contract
for many, many years and now all of a sudden the city can't
live with it.
Out -of -title pay - has been in our contract for many,
many years.
Dental insurance - is a big issue. It was promised more
than 4 years ago in negotiations.
Increased sick time allowance for health insurance premiums.
Day care - has been a promise by Mr. Gutenberger in his
campaign and has also been promised in negotiations 4 years ago.
Another contention is the city's constant hiring of people
at step 7, 8 or 9 of our salary plan and yet always refusing
in negotiations to address this issue of bringing up the
whole salary grade for everybody.
35
9-
U -6- March 2, 1988
Recently the city completed a Civil Service Reclassification
Study, which the city adopted on July 1987. Three job titles
were given an average of a 25a increase in their salary scales.
What about the other job titles? Study after study has been
presented to Common Council and /or Budget and Administration
and the constant reply is bring it up in negotiations. It
is brought up in negotiations and the city doesn't want to
address these issues.
Last, but not least, on your agenda there is a resolution
for a deferred compensation plan. This action by the city
strongly indicates the city putting the cart before the horse.
A deferred compensation plan may be a great idea in the future
but the .majority of city employees don't have any compensation
to defer. I think it is time the city seriously looked at
the salary scale of its employees.
Thank you."
Stuart Douglas, 2133 Mecklenburg Road, Ithaca Transit employee,
read the following statement to Council:
"The cost of raising a family continues to rise. That is
why to some families a two -wage household is a necessity,
not a luxury. The cost of day care, however, makes it a
economic nightmare for many families. In my own case, we
would have had to pay $230 a week for the provision of day
care. I'm sure than many very qualified people are being
forced out of the work force by these prohibitive costs.
Mr. Mayor, may I remind you that day care was an election
issue and it is time for concrete action.
Cornell Transit drivers start at $6.69 per hour, Ithaca Transit
drivers start at $5.93 per hour. Gov. Cuomo is talking of
increasing the minimum wage from $3.35 to $3.75 an hour.
Inflation is currently running at 420. The City at the very
least should be offering wages which help to maintain some
resemblance of a decent standard of living.
Mr. Mayor, your administration has always appeared to be
pro- labor; when you supported the Cargill Workers in their
struggle and more recently Cornell. The time has come for
the city to stand beside their own workers and be supportive
of its own people's needs.
Thank you."
Ithaca Farmers' Market
George Dentes, 417 N. Cayuga Street, Attorney, addressed
the Council on behalf of the merchants in the West End con-
cerning the question on whether- the city may legally issue
a permit to the Market to continue its activities on the
Taughannock Boulevard site this year.
In his opinion, the Farmers' Market is not a public, outdoor
recreational use of that land. He referred to .congressional
legislation regarding park land use. He stated it is perfectly
apparent from the legislative history the Congress was intending
to promote traditional kinds of outdoor uses; hiking, boating,
fishing. Far was it from their minds to promote shopping.
Indeed, it was precisely because of urban development and
the erection of urban shopping malls that this kind of legis-
lation was enacted to counter the trend in urbanization of
our lands. He reported he has reviewed the project agreement
by which the city agreed to comply with these laws and by
which the city was given a quarter of a million dollars to
acquire these lands and it appears to him that should the
city issue this permit and violate this agreement, the city
would be obligated to pay back that quarter million dollars
to the federal government. For all these reasons, he asked
Council to listen to the merchants, to be reasonable, to
follow the law and to resist the tyranny of the majority
which we see here in a different light. He asked Council
to deny the permit to the Farmers' Market this year.
D
-7-
March 2, 1988 37
City Union Contracts
Arthur Santora, 212 Esty Street, read the following statement
to Council:
"By the group here tonight and the agenda it says its going
to be a long evening. There have been others before this,
complete with pizza breaks, but about 12 or 1:30 the joke
has got to wear thin.
'Let me tell you about others in this city who work just as
you are now A short way from here is the City Police Head-
quarters with the evening shift on patrol and in another
direction is the Fire Department with its men ready to respond.,
At the DPW Streets and Facilities Garage are the night shift
(000, mechanics working on our buses, construction equipment and
fire trucks. At the Water Treatment Plant our operators
are making sure that nothing goes astray. The shifts will
change at 11 and then again at 7 and at 8:30 City Hall, GIAC,
and the Youth Bureau start another day. Until tonight Police
-and Fire, DPW and Administrative Units and the city's mid -
managers have all been working without contracts.
We are asking that you exercise your responsibilities as
(f) elected mani+ m nt to provide a positive climate for the
Iq negotiations, ar stalled so that all the contracts may
LO be agreed upon,.
To paraphrase one of our local employers we are asking for
M meaningful contracts, containing meaningful wages and conditions
for meaningful work.
You sit he:- to legislate and provide a city to live in
that is an )erience not to be regretted but one to be remem-
bered.
Lets also make working for the City of Ithaca an experience
to be remembered as well.
Thank you."
Qooll Mayor Gutenberger thanked Art Santora publicly for his years
of service to the City of Ithaca. Mr. Santora retired on
February 26th.
Ithaca Farmers' Market
Anna Steinkraus, President of IFM, stated to Council that
on February 18th, some city representatives, some Market
representatives, and some West End merchants met through
the Commun:1... dispute Resolution Center. The discussion
was on the + +is that the merchants felt surrounded the
Market bein, there and ways to deal with them. They
will continua --.ting and working together to alleviate
these problems. There will be evaluation as the season
goes on, to make improvements as there is need. All in all,
it was collectively felt that it was a productive meeting.
Ms. Steinkraus referred to two letters that were passed out
to Council. First was a letter from Assemblyman Sam MacNeil
in support of the Ithaca Farmers' Market and pointing out
that he is confident that the Market would be getting a permit
to operate this year at Taughannock Boulevard. Second, was
a letter from Commissioner Donald Butcher of NYS Ag $ Markets
to Commissioner Orin Lehman of NYS Offices of Parks, Recreation
and Historic Preservation. She read the following excerpt
from Commissioner Butcher;
"State support for community Farmers" Markets is an important
element in Gov. Cuomo's 1988 1'egislative and administrative
initiatives for New York State agriculture, adopted pursuant
to his State of the State message, to assist farmers through
'net farm income enhancement'. Our Department's Direct
Marketing Program has worked closely with the Ithaca Farmers'
Market Association and the City of Ithaca in support of the
Market over the years.
38 -8- March 2, 1988
I hope you can assist in ensuring that the Ithaca Farmers'
Market, which provides an essential direct marking outlet
to over ISO small -scale agricultural producers in the Southern
Tier area, can continue to operate in 1988 starting at the
beginning of the local harvest season in April. Opening
in April is of vital concern for those farmers with early
crops."
Ms. Steinkraus read the following excerpt from her cover letter
that was included in a packet that was presented to all Council
members, the Mayor and the City Attorney regarding the Ithaca
Farmers' Market and the recreational use of the Inlet Island
site:
"The Ithaca Farmers' Market has shown steady growth and in
general been so successful primarily because of the social
and recreational values attached to this Market. The Saturdav
Market is a social event in Ithaca. Political candidates
- canvass the Market, musical preformances by local, not professional
musicians are frequent and variety in style is solicited
by the Market. Performances are also given by Morris dancers,
mime artists and others, and demonstrations by artists are
often viewed and enjoyed by many patrons. The Market is
an event that truly provides a social and recreational oppor-
tunity with the great ability to provide a sense of community,
where there can be a meaningful link established between
farmer and consumer. Our Market is an oasis of vitality
where producers and buyers can meet in a truly democratic
free market setting.
The Market has carefully fostered an environment that is
conducive to social and recreational activities and fills
a unique role in this Finger Lakes region. Our Market
exemplifies the type of public market which has endured for
millenia throughout the world and is still an inherent part
of most cultures with the ability to preserve and enhance
the significant, social, economical and cultural activities
associated with this form of retail trading.
The environmental assessment form was accepted by Common
Council on February 3, 1988. The assessment was partially
supportive of the Market, specifically in Part 3, (filled
out by the lead agency, which was the Charter and Ordinance
Committee of Council), 'the Market's operation serves a number
of the city's needs and its discontinuance in 1988 would
constitute a unique and significant loss to the city's well-
being' and furthermore, that 'in understanding the nature
and importance of the complaints about the Market's continued
use of this site in 1988, it is also important to note that
there is a good deal of controversy in Ithaca about the
possibility that the Market will not be at the Inlet Island
site this year. Many people in Ithaca and surrounding
communities see the Market at this site as significant cultural,
social and recreational opportunity for them. They do not
see the Market primarily as a business, and they are willing
to put up with the traffic, parking, and business access
inconveniences that the Market has in fact_ generated in the
past. These people would strongly object to discontinuing
the Market at the Inlet Island site in 1988'.
In conclusion, we believe that the social activities and
spirit embodied by the Ithaca Farmers' Market does exemplify
'pubic outdoor recreation'."
Ms. Steinkraus further stated that the Ithaca Farmers' Market
does need a decision of the Common Council on this matter
tonight.
-9- March 2, 1988
Peter DeGraff, 43S Old Taughannock Boulevard, spoke to Council
regarding the Ithaca Farmers' Market. He stated that the West
End merchants are not asking the Market to close down, simply
to move someplace where it does not conflict with neighboring
businesses.
City Employee Union Contracts
Edie Rohrer, 746 Enfield Falls Road, Newfield, read the following
statement to Council:
"The issue of the unfairness of wages is what I'm talking
about tonight. Some contracts have been settled at S.So
which is good if you're making $30- 50,000 a year, but we
aren't making that. Our food, fuel and elerctic bills don't
go down just because we aren't making what you are. We pay
the same amount as you people do.
For those of us who live outside of Ithaca, we usually have
to fill our gas tanks twice; those in Ithaca usually have
to fill theirs once a week; that's a lot of gas.
I haven't found a section of town yet that says come to our
place to shop because you are only making $12,000 and we
n have a cut !-ices for you. If there is a place here in
.
� this town, st,. of you people tell me because I would go
and I'm sure some others would too.
You are probably going to say to me, 'why do you have to
m live outside of Ithaca ?' But with the salaries the blue
Q collared workers make here in Ithaca, I could never afford
to have my i ,Wily live in Ithaca.
Wages are jut too unfair. If it weren't for the low paid
workers there would be no work for the high paid people.
I feel that if any of you had followed any of us for a week,
you would understand why we feel the way we do.
Come on, folks. Lets give us a fair shake.
Loll Thank you."
Ithaca Farmers' Market
Charles Guttman, 328 S. Geneva Street, Attorney, spoke to
Council on the matter of the Ithaca Farmers' Market. He
stated that he would like to clear up any possible mistaken
impression that the NYS Department of Parks and Recreation
has or is in the process of determining that the Farmers'
Market use of this land is improper.
NYS Departm. f Parks and Recreation has received a request
from the ci: determine whether this use is proper and
have decided it there are arguments on both sides of the
issue and have determined not to make a decision, rather
to pass that issue onto the Department of the Interior in
Philadelphia.
He stated that he spoke with Pat Thatcher of the Counsel's
Office of Parks and Recreation and was told that a decision
could be made that the Farmers' use is proper, a decision
could eventually be made that Farmers' Market use of that
land is a conversion and it also could be made that the city's
failure to encourage recreational use is an abandonment of
the recreation use and therefore is a conversion of the land.
All that is certain at this point is that Parks and Recreation
Qm0e, is not now making a determination of this and has passed
the issue onto the Department of the Interior. We have been
informally advised that they expect that decision from the
Department of the Interior to take between six months and
one year.
Mr. Guttman stated that he thinks what that does is put the
issue back where it belongs; in Common Council. It is his
opinion that the question of whether the Farmers' Market use
3.1
FA
40
-10-
March 2, 1985
of this land is proper or not is not a Question of law, but
is a Question of fact. Atty. Guttman Quoted from material
in a letter from the Commissioner of Ag $ Markets.
He further stated he is hopeful that Council will make a
determination that this use is proper. The Question is whether
the Ithaca Farmers' Market at that site is a recreational
use, which he believes it is. No one can make that determination
better than Council because Council is charged by their office
with providing for the City of Ithaca, and being aware of
what actually takes place in our city. He believes that
the populis of the City of Ithaca treats this Farmers' Market
as more than just a place to shop, it's more than a commercial
atmosphere. He believes that it is very clear that the Farmers'
Market provides to the citizens of the City of Ithaca a weekly
social, recreational event. He urged Council to approve
the license for the Farmers' Market. He would urge Council
to do one thing more, and that is to make a specific finding
of the fact based on their knowledge of what takes place
in the city and based on their position as elected officials
of the City of Ithaca that it is an outdoor public recreational
use.
City Employee Union Contracts
James Moore, President of Central Region Civil Service Employees
Association, addressed the Council on the city employees
union contracts. He stated that the demands in this contract
relate to increases in the salary structure to be added to
the salary structure, not token amounts that are passed out
to civil servants without adding to their future. He further
stated that government is service and you have to pay the
people that provide the service.
Parks Commissions and Farmers' Market
David Ruether, 1191 East Shore Drive, spoke to Council on
the issue of a Parks Commission. He asked Council to consider
the idea of having two commissions. The reason for that
is perhaps we can reorganize the beauracracy a little bit,
and pull some other Boards and Commissions into these two
and straighten it out so that we have three; one, Public
Works, which takes care of the roads and public services
and facilities, the second one would be Parks and Recreation
as proposed, and a third one which would deal with issues
of natural areas and resources.
Mr. Ruether also spoke on the issue of the Farmers' Market.
He supports the Inlet Island site for the Ithaca Farmers'
Market. He urged Council to give the Market the one -year
revocable lease for the site on Taughannock Boulevard.
Alderperson Nichols stated that
consider for future meetings an
to respond to the public.
he would like Council to
opportunity for Council members
Mayor Gutenberger suggested that perhaps it could become
a part of the agenda. He agreed to look into the matter.
Alderperson Booth asked if the Council could meet after the
regular meeting for an update on union contract negotiations.
Budget and Administration Committee Chairperson Schlather
agreed.
REPORT OF CITY BOARDS, COMMITTEES AND COMMISSIONS:
Board of Public Works
Commissioner Reeves reported on the following items:
Shade Tree Committee - A shade tree survey was presented
to the Committee of the Whole by Nina Bossack. The results
of the data base survey are very impressive.
-11- March 2, 1988
Hudson Street Parking - A request was presented to the Board
for 24 -hour parking on the 200 and 300 blocks of Hudson Street.
After much deliberation, the Board voted against 24 -hour
parking, because it turns out to be a 36S day a year parking
lot as opposed to 24 -hour parking. The conclusion of the
Board was to grant parking all the time except between the
hours of 9 a.m. and Noon. This will be on a 90 -day trial
basis.
Water Treatment Plant Improvements - A resolution was passed
at the February 24, 1988 BPW meeting for a request to establish
a capital project for the Water Treatment Plant improvements.
City Engineer Gray has passed out proposals.
Spring Clean -up Week - The week of April 25th has been designated
as Sping Clean -up Week.
Cliff Street Neighborhood Meeting - There was a neighborhood
_meeting held on February 23rd with the Cliff Street residents,
members of the Board, Staff and Alderpersons Schlather and
Romanowski. The plans for the reconstruction of Cliff Street
this summer were gone over in detail. There will be another
meeting on March 22nd.
Recycling Incentive Award - The recycling incentive award
Lo was won last week in the amount of $750.00. More publicity
= is needed on recycling.
m Parks Advisory Board - The Department of Public Works has
Q made a recomm ndation to the Board of Public Works in regards
to the form_; l of a Parks Advisory Board. The Board of
Public Work: reviewing this recommendation in detail.
She urged that .,ommon Council not make any final decisions
until the Board of Public Works can come before the Council
and make their recommendations.
COMMUNICATIONS FROM THE MAYOR:
100th Birthday of the it of Ithaca
Mayor Gutenberger stated that June 1 is the 100th Birthday
of the City of Ithaca. He requested that the Common Council
we meeting for June be held on June 8, 1988.
Resolution
By Alderperson Nichols: Seconded by Alderperson Johnson
RESOLVED, That the regular June meeting of the Common Council
be held on June 8, 1988.
Carried Unanimously
MAYOR'S APPt. 'vTS :
Conservatioi: ;ory Council
Mayor Gutenber�`r requested approval of Council for the appoint-
ment of Gary Braun, 20S Linden Avenue, to the Conservation
Advisory Council for a term to expire December 31, 1989.
(Youth member)
41
Resolution
By Alderperson Nichols: Seconded by Alderperson Johnson
RESOLVED, That this Council approves the appointment of Gary
Braun to the Conservation Advisory Council for a term to
expire December 31, 1989.
Carried Unanimously
CITY ATTORNEY'S REPORT
(4000e Environmental Review Procedure
City Attorney Nash stated that he has distributed a memo
on general procedures for environmental review. It seems
that we are all in accord on the general procedures and we
will proceed in that fashion. He stated that he has also
distributed a memo on the Farmers' Market and a copy of a
memo that he has prepared on the legal status of the Festival
land.
iL
42
-12-
March 2, 1988
Watts Lot Protest
City Attorney Nash stated that the City Clerk has received
papers in a legal proceeding challenging the ruling on the
Watts Lot on the necessity for the three quarters vote of
Council to re -zone that area at its January meeting. That
proceeding is scheduled for Court on April 6, 1988.
CHARTER AND ORDINANCE COMMITTEE:
An Ordinance Amending the Zoning Map of Chapter 30.Entitled
'Zoning' of the City of Ithaca Municipal Code (Re- zoning
so- called Watts Lot)
By Alderperson Booth: Seconded by Alderperson Johnson
WHEREAS, the present zoning regulations covering the Watts
Lot in the city's Northside have been extensively evaluated
by the Planning and Development Board and Common Council, and
WHEREAS, rezoning of the Watts Lot is necessary in order to
- enhance neighborhood stability and protect against the possibility
of inappropriate residential and commercial development;
now, therefore, be it
RESOLVED, That Common Council hereby approves and adopts
the following zoning changes of the Watts lot from B -2a to
R -2b, and be it further
RESOLVED, That the City Clerk be and she is hereby directed
to change the Official Zoning Map, to publish notice of these
zoning changes and to notify other agencies as may be required.
ORDINANCE NO. 88 -
AN ORDINANCE AMENDING THE ZONING MAP 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 all that tract or parcel of land within the following
described area presently located in the B -2a, Business District
is reclassified and changed to the R -2b, Residential District.
A. Beginning at a point on the northwest corner of tax
parcel number 25 -3 -1, thence northesterly a distance of approxi-
mately 264 feet along the south boundary of the right -of -way
of Franklin Street to a point on the northeast corner of
tax parcel number 25 -3 -1, thence southeasterly a distance
of approximately 325 feet along the west boundary of the
right -of -way of Lake Avenue to a point on the southeast corner
of tax parcel number 25 -3 -1, thence southwesterly a distance
of approximately 269 feet along the north boundary of the
right -of -way of Adams Street to a point on the southwest
corner of tax parcel number 25 -3 -1, thence northwesterly
a distance of approximately 330 feet along the east boundary
of the right -of -way of First Street to the point of beginning.
The above described area includes all of tax parcel number
25 -3 -1.
2. That in accordance herewith the City Clerk is hereby
directed to make or cause to be made the necessary changes
on said zoning map.
SECTION 2. EFFECTIVE DATE.
This ordinance shall take effect immediately and in accordance
with law upon publication of a notice as provided in Section
3.11(B) of the Ithaca City Cnarter.
19
D
-13- March 2, 1988
Alderperson Booth gave background information on the resolution.
Discussion followed on the floor.
Alderperson Booth urged Council to support this resolution.
He stated that we have a major piece of land which is possibly
open for a variety of uses that are not consistent with the
neighborhood that is there and this re- zoning would put the
area in a classification that would allow a reasonable use
and should plans develop in the future that are compatible
with the neighborhood the zoning could then be re -done, if
that is desirable and necessary.
Alderperson Schlather spoke in favor of the zoning proposal.
He stated that the way to preserve the existing density of
this neighborhood is to re -zone to a zoning classification
that is consistent with that density. B -2b is not consistent
_ with that density and he would urge everyone to support this
resolution. He thinks the Council would be doing a disservice,
not only to the residents of that area, but also to the general
plan development for the Northside and hence the city itself
LO if Council votes against it.
d Alderperson lleen stated that the Planning Board addressed
LO this issue and voted 4 to 2 in support of this resolution.
= He stated that the residents in that area have asked Council
M to take a positive step in this re- zoning motion, and he
Q will vote in that regard.
Alderperson stated that she feels that R -2b zoning
will not ass.__.. the city in solving some of the real housing
and neighborhood problems that the Council has before them.
It is imperative that we encourage some sort of alternate
housing forms which allows economies of development to create
affordable housing. She further stated one of the most important
components of her support of this project is the belief that
there will be incorporated in this project a significant
percentage of the low - market units available to those who
cannot afford to pay the cost of housing in our community.
She would also like to see no more than 120 people on the
site and that is less that R -2b permits.
Alderperson Romanowski stated that he is not convinced that
going to an R -2b zoning at this point is a prudent and wise
thing to do.
Alderperson )ls stated that it seems to him that the
argument for )tiations are not convincing. We have nothing
to negotiate. if the parcel is still maintained as a B -2a,
all we are relying on is the good faith of the developer,
who could come in at any time and build a development that
would house 300 people and we could not at that time re -zone
it. Changing the zoning to R -2b is the only way of preserving
our right to negotiate. He does not believe changing the
zoning to conditional zoning is spot zoning.
Alderperson Lytel stated that he is concerned with the scale
and the density of the project. He would like to see a second
draft of this plan that is more consonant with the existing
character of the neighborhood. He stated that more housing
is absolutely essential in this community as there are too
many people who cannot afford to purchase a home. He explained
that he was going to move to table the resolution so that
we can hold off re- zoning as long as we are continuing to
maintain a good faith bargaining position and a good relation-
ship with the developer. He believes progress is being made.
fie further stated that if good faith bargaining does not
continue he would support the Council coming back into session
and he would at that time vote in favor of re- zoning.
4;3
44
-14- March 2, 1988
Tabling Resolution
By Alderperson Lytel: Seconded by Alderperson Killeen
RESOLVED, That the matter of the ordinance to consi6 r an
amendment to the Zoning Map of Chapter 30 entitled 'coning'
of the City of Ithaca Municipal Code (re- zoning of so- called
Watts Lot) be tabled.
Carried Unanimously
Farmers' Market License for 1988 - Legal Considerations
Alderperson Booth reported that several months ago Common
Council asked the Charter and Ordinance Committee to do two
things regarding the Farmers' Market. One was to over -see
and complete an Environmental Assessment which was completed
and brought to Council last month. Council voted in favor of
that Environmental Assessment which resulted in a negative
declaration. Secondly, Council asked the Committee to look
at legal cosiderations surrounding the Market's use and more
particularly involving the question of whether this use was
- lawful use of park land. This was discussed in detail at
the Committee meeting and the Committee was aware that the
City Attorney asked for an opinion from the State of New
York and the U.S. Department of the Interior regarding this
use.
At the Committee's last meeting City Attorney Nash informed
Alderperson Booth that a letter was on its way from the NYS Office
of Parks, Recreation and Historic Preservation that
contained a conclusion that the Farmers' Market use was not
a lawful use of the property. Therefore, because that letter
was not in Ithaca and has not subsequently arrived the Committee
decided not to take any action on legal considerations but
to wait for that letter.
Alderperson Booth handed out a proposed resolution dealing
with legal considerations.
Resolution
By Alderperson Booth Seconded by Alderperson Johnson
WHEREAS, Common Council has considered the question of whether
the Farmers' Market may lawfully operate at the Inlet Island
site during 1988 under a one year revoaable license issued
by the City, and
WHEREAS, this legal question raises issues under applicable
state and federal laws, and
WHEREAS, the City has requested an official determination
on this legal question from the New York State Office of
Parks, Recreation, and Historic Preservation and from the
U.S. Department of the Interior, and
WHEREAS, the City has not received any determination on this
legal question from state or federal officials, and
WHEREAS, Common Council recognizes that ultimate resolution
of this legal question is unclear, and
WHEREAS, the Farmers' Market has operated for a number of
years at this site without a resolution of this legal question,
and
WHEREAS, a decision by Common Council to allow the Farmers'
Market to utilize this site under a one year revocable license
in 1988 would not commit the City to any decision about the
use of this site in future years and would not expose the
City to any greater legal liability than that which the City
has borne in past years because of the Farmers' Market's
operation at this site, and
0
LD
Iq
LD
_
m
Q
-15- March 2, 1988
WHEREAS, the Common Council recognizes that many persons
visit the Farmers' Market during its hours of operation because
they enjoy the outdoor, free - flowing, cultural, recreational,
casual, and social aspects of this activity; now, therefore,
be it
RESOLVED, That the Common Council determines that in its
opinion the Farmers' Market constitutes a public outdoor
recreational use of the Inlet Island site, and be it further
RESOLVED, That the Common Council determines that in its
opinion the Farmers' Market use of this site in 1988 under
a one -year revocable license from the City would constitute
a proper and lawful use of this site, and be it further
RESOLVED, That the Common Council hereby determines that
this resolution constitutes a completion of the legal review
contemplated by Council's resolution of December 2, 1987
-on this matter.
Alderperson Schlather referred to a confidential memo from
City Attorney Nash which addresses some of the legal aspects
of this application. He stated that what is very clear is
that the pru,..,nt course at this time is to secure approval
from the National Park Service Regional Director before any
license for this type of use of the property is granted,
temporary or not.
Alderperson Schlather further stated that what in increasingly
clear is th.: there is some jeopardy that attaches if the
city proceed. in the issuance of a license, even though it
is temporary, in the face of these types of concerns. He
respectfully suggested that after this resolution is acted
upon, if it is defeated, he will be offering a resolution
which will in effect suggest that we secure prior approval
from the National Parks Service Regional Director before
we proceed.
45
Alderperson Lytel Asked City Attorney Nash if the first "Resolved"
is necessary to the passage of this resolution.
City Attorney Nash responded that if Council is going to
authorize a license for the Farmers' Market for this year,
it's going to have to make the determination that it is con-
sistent with its current grant requirements of the Federal
law. It se( '. to him that having the first resolved clause,
which inclu. letermination that this does in the opinion
of Council, �tute a public outdoor recreational use,
would be a gou_ and proper thing to have in the resolution.
Alderperson Killeen asked City Attorney Nash if the Council
affirms the determination, in what way, if at all, does it
affect our alienation procedure that is already underway.
City Attorney Nash responded that the city procedure currently
underway to lift those outdoor recreational use restrictions
on the property and until that alienation process is completed,
those restrictions continue to apply to the property. What
we are basically saying here is that this use is consistent
with those restrictions. He does not think that using the
property for outdoor recreational purposes this year does
anything to jeopardize possible alienation next year. It
is assumed that its been used and will continue to be used
until alienation is completed consistent with the regulations.
Alderperson Cummings stated that she supports the Market
primarily for its economic activities. She asked Alderperson
Booth if on the first resolved, is he concerned that it defines
the Market exclusively as a public recreational use. She
ffi
-16- March 2 1933
40' '
further stated there will be times in the future when Council
will wish to prove that this is not primarily an entertainment
but primarily a business.
Alderperson Booth responded that he doesn't think there is
a problem. The whole context of this question has to do
with language that is in a federal statute.
Alderperson Romanowski stated that the Market has moved from
quite a few laces over the past few
q P p years. It has only
been at the Inlet Island site for the past 10 years. Each
of the sites the Market has had prospered and grown.
He thinks the ambiance and the operation of the Market is
not due to its location. He also thinks the Market is primarily
a business operation. He stated that if Council flies in
the face of prudent legal considerations by our own City
Attorney, that we leave the City of Ithaca open to liability.
For these reasons, in his opinion, he thinks the prudent
thing is not to offer a temporary permit there. He stated
he doesn't think it's fair to have the Market put as much
money in as they want to and the city might have a determination
that can't go in there.
Alderperson Nichols stated that on the question of timing
it is quite clear that making a request for a legal determination
and getting a firm answer would defer the beginning of the
Market to such a late time that the license would no longer
be useful, so the Council has to decide now.
Alderperson Nichols stated further that, in his opinion,
if the city has assumed some liability it's because over
the years we have not made this determination and in making
it now in a sense we are protecting ourselves from being
accused of taking an action that we have been following for
13 years. He also stated that to his knowledge the only
outdoor recreation that has taken place on that site in the
last 13 years has been the Farmers' Market. He further stated
many people have spoken out and said that in their view they
also believe the ]Market is recreational.
Alderperson Schlather stated that the site is used for park
functions. He mentioned outdoor activities such as jogging,
walking, canoeing, etc. It may be a passive park but it
is used for park -like activities by individuals throughout the
community. He stated that it behooves the Council to listen
carefully to the words of our City Attorney and remember
that when this issue came to Council back in November and
December, when we passed a resolution calling for a legal
review, it was very clear that there were two issues that
the city was concerned with. One was the legality of the
continued use of this operation on this site. The other
was if it were legal, then what would be the terms of the
license and does Council wish to issue a license. Council
agreed, at that time, to consider both issues simultaneously
in the interest of time. By doing so we certainly did not
intend that we were going to belittle either issue in terms
of its importance and significance in this decision - making
process.
The problem is that the city is at the point where it has
been determined within the best research available to us
that the more prudent course is for the city to await approval
of the National Parks Service Regional Director.
Alderperson Schlather further stated that the city should
deny this license and get the approval if it's available
and then deal with this issue in the future.
-17-
March 2, 1988 47
Alderperson Hoffman commented that there has been a lot of
discussion because of this issue about the need for the city
to act in a way that is consistent and even - handed. He is
bothered by the claim that the city cannot now allow the
Farmers' Market to operate this summer but we are not at
the same time examining the activities that are taking place
on other portions of lands that were acquired in the same
way. He believes that we must either suspend all activities
that are non - recreational or we should allow the status -quo
to continue until we get a clear -cut legal ruling. To simply
ignore other uses that are going on is not fair.
Alderperson Hoffman further stated that the City Attorney
(wool did not make a decision as to whether this was a recreational
use or not. The memo simply states the best way to avoid
litigation is probably not to grant a license, but in Alderperson
Hoffman's opinion, that is not a clear -cut or definitive
_ruling on the underlying issue.
Mayor Gutenberger stated that he wished to clarify for the
record that in the case of the Strand Theatre, Family Medicine
LO Building and the ARC grant for the Industrial Park the Federal
d- government demanded that the city repay funds, even though
the city had signed contracts and agreements signed by the
LD Federal government to allow us to do what was done. He wished
= Council to be aware of this before a decision is made.
M Further discussion followed on the floor.
Q
Motion to Call the Question
By Alderperson Cummings: Seconded by Alderperson Nichols
RESOLVED, That the Mayor is directed to call the question
on the issue of the Farmers' Market License for 1988.
Ayes (8) - Cummings, Lytel, Booth, Hoffman, Peterson,
Killeen, Nichols, Johnson
Nays (2) - Schlather, Romanowski
Carried
A vote on the resolution resulted as follows:
Ayes (8) - Cummings, Lytel, Booth, Hoffman, Peterson,
Killeen, Nichols, Johnson
Nays (2) - Schlather, Romanowski
Carried
PLANNING Ai LOPMENT COMMITTEE:
Ithaca Farn,. Market Lease
By Alderperson i:iimmings: Seconded by Alderperson Hoffman
WHEREAS, the Ithaca Farmers' Market has made application
for a license to use the city -owned land on the so- called
Inlet Island in 1988, which use is more fully described in
the Environmental Assessment adopted by Common Council on
February 3, 1988, and
WHEREAS, the Ithaca Farmers' Market wishes to use said land
for the purpose of selling farm produce and home - manufactured
items which are made or grown by members of the Ithaca Farmers'
Market within a thirty (30) miles radius of Ithaca, and
WHEREAS, the Ithaca Farmers' Market has submitted a proposal
(4000� for a new structure, increased parking spaces, and improved
traffic pattern, and
WHEREAS, the Common Council has made the determination that
the proposed action will not have a significant effect on
the environment provided the conditions stated in the Environ-
mental Assessment forms are fulfilled; now, therefore, be it
a.
48
March 2, 1988
RESOLVED, That this Common Council approves the granting
of a Revocable License to the Ithaca Farmers' Market for
use of the proposed site subject to the following conditions:
1. The Ithaca Farmers' Market may operate on any Saturday
between April 1, 1988 and December 31, 1988. The Market
may use the site for additional days for the purpose
of site improvement and construction.
2. The fee for use of the site will be based on the formula
used for all such licenses. The Market will be charged
for each Satuday between April 1 and December 31 and
for each day used for construction purposes.
3. The Market shall provide for one -way vehicle traffic
into the northern end of the site and one -way vehicle
traffic exiting the southern end of the site, with
corresponding one -way internal traffic circulation within
the site. Any modification of this traffic pattern shall
be subject to the approval of the Department of Public
Works.
4. The new structure and parking area shall be in place by June
1, 1988.
S. The Market shall obtain a Building Permit for the structure
and parking area. Such permit will insure that the Market
site, including the parking area, shall be accessible
by emergency vehicles.
6. The new Market structure shall be no longer than the
existing structure.
7. Subject to the approval of the Department of Public Works
the Market shall post signage to advise traffic on Buffalo
Street of the location of on -site Market parking.
8. By May 28, 1988, the Market shall provide running water
for washing hands and toilet facilities on the Market
site. The Market shall post appropriate signage advising
customers of the location of these facilities.
9. Unless appropriate modifications are approved by the
Department of Public Works, the Market shall provide
a dumpster on the site and shall also provide trash barrels
for public use at the south end, middle and north end
of the Market structure.
10. The Ithaca Farmers' Market agrees to assume any and all
liability which may arise as a result of said use, and
to hold the city harmless and defend against any actions
brought against the city arising from, or as a result
of, said use. The Ithaca Farmers' Markets also agrees
to obtain and keep in force a liability insurance policy
for the benefit of the City of Ithaca in a form and amount
satisfactory to the City Attorney and to deliver same
to the City of Ithaca before use of said premises.
11. If an emergency shall arise or if the City of Ithaca shall
require immediate complete possession of the premises for
any municipal, state and /or federal project, then this agree-
ment may be terminated on fifteen (15) days' notice. Upon
such termination the City shall return to the Ithaca Farmers'
Market the pro -rated fraction of the annual fcc.
i2. The Ithaca Farmers -' Market agrees to keep the area clean and
to specifically remove any refuse or trash lying about after
each sale day. The Ithaca Farmers' Market further agrees
to keep the area to be used in a safe condition for the said
uses,
and be it further
RESOLVED, That the Department of Planning and Development will
approve a plan and procedure for the monitoring of traffic and
parking conditions on or near the site during the days of Market
operation, and be it further
Z_.
-19- March 2, 1988
RESOLVED, That the site will be available for public use
during those days when the Market is not operating. Any
other license granted by the city for the use of the site
will contain a provision holding harmless the Ithaca Farmers'
Market.
Alderperson Cummings referred questions on the resolution
to Alderperson Nichols who served as Chairperson on the ad -hoc
negotiating committee.
Discussion followed on the floor.
(Woo" Alderperson Nichols explained the method for charging for
use of City land.
Further discussion followed on the fee schedule set by the
City for use of City land.
Alderperson Schlather proposed the following resolution:
Resolution
In By Alderperson Schlather: Seconded by Alderperson Romanowski
I- RESOLVED, That the Market be charged a fee of $7,519.19 for
LO the 1988 season.
Discussion followed on the floor regarding fee schedules
m charged to other users of City lands.
Q Motion to Ca! she Question
By Alderper:�. ,ichols: Seconded by Alderperson Cummings
RESOLVED, That the Mayor is directed to call the question
on charging the Ithaca Farmers' Market a fee for $7,519.19
for the 1988 season.
Carried Unanimously
A vote on the resolution resulted as follows:
Ayes (4) - Schlather, Romanowski, Lytel, Cummings
Nays (6) - Booth, Johnson, Hoffman, Peterson, Nichols,
Killeen
Motion Defeated
Further discussion followed on the floor on the Farmers'.
Market lease for 1988 with particular regard to traffic control
in the West End. Police Chief Page responded to questions
from Council
Alderperson her asked the Council to consider the.following
amending resciuLion.
Amending Resolution
By Alderperson Schlather: Seconded by Alderperson Killeen
RESOLVED, That No. 11 of the conditions of the agreement
would read as follows: Upon written notice and demand therefor,
the city may terminate and revoke this license at any time.
Upon such termination the city shall return to the Ithaca
Farmers' Market the pro -rated fraction of the annual fee.
49
Discussion followed on the floor on the amendment.
A vote on the amendment resulted as follows:
Carried Unanimously
Main Motion as Amended
A vote on the Main Motion as Amended resulted as follows:
Ayes (8) - Booth, Lytel, Hoffman, Nichols, Peterson,
Cummings, Killeen, Johnson
Nays (2) - Schlather, Romanowski
Carried
iL
50 -20- March 2, 1988
Recess
Common Council recessed at 10:40 p.m. and reconvened in regular
session at 10:50 p.m.
HUMAN SERVICES COMMITTEE:
Criteria for Funding: Human Services Agencies
By Al erperson Peterson: Seconded by Alderperson Lytel
WHEREAS, the City of Ithaca will consider appropriating a
portion of its 1989 general operating funds for support of
local human service agencies, and
WHEREAS, the Human Services Coalition is funded in part by
the City of Ithaca to provide an objective overview of human
service needs and provision, and to evaluate requests for
City support; now, therefore, be it
RESOLVED, That all 1989 requests for city funding from private
agencies seeking to provide non- mandated human services shall
"be submitted to the Human Services Coalition for review and
by their time deadlines, and be it further
RESOLVED, That the Coalition shall report its findings to
the Human Services Committee of Common Council by August
1S, 1988, and be it further
RESOLVED, That the following criteria shall be used by the
Coalition in its review of requests:
A -1. The application shall be received by the Human Services
Coalition by Friday, May 29, 1988 and the applicant
must complete the Human Services Coaltion review process
in a timely manner.
A -2. An application may be reviewed either through the Human
Services Coalition review for human services proposals,
or through the process review for other types of proposals,
but not both.
A -3. The applicant must also request funding from the County
and /or appropriate town(s) if more than S% of those
served by the proposal are not city residents.
A -4. Applicant must submit the following materials: budgets
for 1988 and 1989, financial reports for 1986 and 1987,
and enumeration of other funding sources.
A -5. If the applicant received city funds in 1988, the applicant
shall have demonstrated that they performed effectively
under the contract.
B. The Coalition shall award points for the degree to which
the proposal meets the following criteria, on a scale of
1 to 5, 5 being the most desirable rating, for each criterion;
if applicant does not supply sufficient information for Coalition
to make a judgment, the proposal receives zero points in
each such case.
B -1. Proposal will serve city residents in proportion to
city funding requested compared to total program budget.
B -2. The proposal will serve an identified need which does
not duplicate another service, with higher points allocated
in proportion to the severity of the problem in the city.
B -3. Points will be allocated in proportion to the severity
of the effect on or demand for services from city departments
and /or other human service providers if this proposal
is not funded by the city.
B -4. The proposal is designed to effectively meet the needs
of its clients; proposal includes measurable objectives.
Z'
A-
LO
Nq
L0
m
Q
-21- March 2, 1988
B -S. The agency has been effective in securing and managing
needed fiscal resources, e.g., developed internal controls,
sought other funds, invested reserves....
B -6. Population to be served by proposal can be shown to
be a population in financial need (i.e. federal poverty
guidelines).
B -7. Agency has thoroughly sought other sources of funding.
B -8. Agency has demonstrated extreme financial need for -
itself due to increased case load or loss of funding
or extreme financial need on the part of the clients
it serves - up to 3 points,
and be it further
RESOLVED, That the Human Services Coalition shall review
all proposals that meet criteria A -1 through A -4, shall
_recommend whether each request should be fully or partially
funded, and shall consider both new and previously funded
agencies, and shall inform the applicant of the Coalition's
recommendation and make a copy of such report available to
the applicant.
Discussion followed on the floor.
Amending Resolution
By Alderperson Lytel: Seconded by Alderperson Killeen
RESOLVED, That there be a B -9 added to read as follows:
Smaller amount requests to be favored under the point system
as follows:
$2000
or less
= S
6001
- 8000 = 2
2001
to 4000
= 4
8001
- 10,000 = 1
4001
to 6000
= 3
over
10,000 = 0
Discussion followed on the floor on the amendment.
A vote on the amendment resulted as follows:
Ayes (S) - Hoffman, Cummings, Lytel, Romanowski, Schlather
Nays (S) - Peterson, Booth, Johnson, Nichols, Killeen
Mayor Gutenberger voted Nay, breaking the tie.
Motion Defeated
Amending Resolution
By Alderperson Nichols: Seconded by Alderperson Booth
RESOLVED, Thri `'._ire be a B -9 added to read as follows:
That the requ or City funding is less that- half of that
requested for ity funding. Gl
Discussion followed on the floor on the amendment.
A vote on the Amendment resulted as follows:
Ayes (7) - Hoffman, Nichols, Booth, Schlather, Romanowski,
Lytel, Johnson
Nays (3) - Peterson, Cummings, Killeen
Carried
51
Main Motion as Amended
A vote on the Main Motion as Amended resulted as follows:
Carried Unanimously
Funding Guidelines
By Alderperson Peterson: Seconded by Alderperson Booth
WHEREAS, the City of Ithaca recognizes its commitment to
supporting human services delivery for its citizens, and
WHEREAS, an indication of the financial level of support
assists the Human Services Coalition in recommending dollar
amounts for each agency; now, therefore, be it
iL
5?
-22- March 2, 1988
RESOLVED, That the City will make every effort to approach
the recommended human services funding level of the previous
year ($93,946, which sum included the allocation to the Human
Services Coalition).
Discussion followed on the floor.
A vote on the resolution resulted as follows:
Ayes (9) - Romanowski, Booth, Johnson, Lytel, Cummings,
Hoffman, Killeen, Peterson, Nichols
Nay (1) - Schlather
Homelessness in Ithaca Carried
Alderperson Peterson reported that members of the Homeless
Task Force met with the committee. They presented data of
how many persons per week were sheltered at Southside. Also
discussed were the long term needs assessment, determining
exactly what the needs in Ithaca are.
Alderperson Lytel reported that the EOC has received $14,000
which they must spend by June. The money will be used for
a needs assessment. The EOC and the Southside Board is meeting
March 17th to discuss the future of the shelter after the
season ends.
Resolution
By Alderperson Peterson: Seconded by Alderperson Booth
WHEREAS, Common Council passed a resolution on January 6,
1988, establishing an emergency shelter for the homeless,
and
WHEREAS, Common Council urged the Tompkins County Board of
Representatives to address the need for emergency shelter
for this winter, and
WHEREAS, there is continued concern regarding homelessness
and the ongoing need for shelter; now, therefore, be it
RESOLVED, That Common Council directs the Mayor to request
from the County a report on any progress made toward addressing
this issue.
Carried Unanimously
Day Care Space in G.I.A.C.
Alderperson Peterson reported that the GIAC Board have now
accepted day care space on the first floor in the renovations
of GIAC. The Drop -in Center and the Day Care Council are
meeting and going over the proposal that the Drop -in Center
submitted on the running of the facility.
Alderperson Peterson stated that memos have gone out to department
heads asking for their feed -back on having day care space
other than at GIAC.
Meeting Date for March for Human Services Committee
Alderperson Peterson reported that the Human Services Committee
is meeting on Wednesday, March 30th.
BUDGET AND ADMINISTRATION COMMITTEE:
Youth Bureau Contract Proposal
By Alderperson Schlat er: Seconded by Alderperson Killeen
WHEREAS, the City of Ithaca has been providing worthwhile
youth recreation and development services to youth and families
from throughout the County, and
WHEREAS, the Town of Ithaca and the Village of Lansing have
heretofore participated in the funding of these programs,
and
-23-
March 2, 1988 53
WHEREAS, the City, the Town of Ithaca, the Village of Lansing
and the County of Tompkins acknowledge the financial burden
this has placed on City taxpayers and the desire of Common
Council to reduce that burden, and
WHEREAS, negotiating meetings have officially begun to respond
to this long -term problem, and
WHEREAS, the ad hoc negotiating committee, including City,
County, Town of Ithaca and Village of Lansing representatives,
sincerely desires to minimize the disruption in youth programming
during 1988, and
(4010e WHEREAS, the transition to proportional funding of youth
programs based on participation must go hand in hand with
a coordinated county -wide planning for the delivery of youth
services; now, therefore, be it
RESOLVED, That the City of Ithaca, the Town of Ithaca, the
Village of Lansing and the County of Tompkins agree to partici-
pate actively in the development of a comprehensive plan
for providing and equitably funding recreation and youth
L0 development services that would assure that all children
and youth have access to worthwhile services, which plan
will be established by August 1, 1988, for implementation
= January, 1989, and be it further
m RESOLVED, That the plan would explain the role and relationship
Q of all youth development and recreation services provided
in local communities and clarify how any City services offered
to non -City youth should be paid for, and be it further
RESOLVED, That with a commitment from all of the aforementioned
to participate in such comprehensive planning, the Town of
Ithaca will contribute $105,000 to the City for 1988, and
the Village of Lansing will contribute $9,000 to the City
for calendar year 1988, as good faith efforts to continue
their former relationship as participating municipalities
entitled to City rates and full access to youth development
programs while the Comprehensive Plan is being developed,
and be it further
RESOLVED, That the County will provide staff time and resources
to support and coordinate the planning process.
Substitute; ition
Mayor Guter, asked for a vote to accept a substitute
resolution.
By Alderperson Schlather: Seconded by Alderperson Killeen
RESOLVED, That a substitute resolution on agenda item 14.1
(Youth Bureau Services Contract Proposal) be introduced.
Carried Unanimously
WHEREAS, the City of Ithaca has been providing worthwhile
recreation and youth development services to youth and families
from throughout the County, and
WHEREAS, the Town of Ithaca and the Village of Lansing have
heretofore participated in the funding of these programs,
and
WHEREAS, the City, the Town of Ithaca, the Village of Lansing,
and the County of Tompkins acknowledge the financial burden
this has placed on City taxpayers and the desire of Common
Council to reduce that burden, and
WHEREAS, the ad hoc negotiating committee, including City,
Councty, Town of Ithaca and Village of Lansing respresentatives,
I.
54 -24- March 2, 1988
sincerely desires to minimize the disruption in youth programming
during 1988, and
WHEREAS, the transition to proportional funding of youth
programs based on participation must go hand in hand with
a coordinated county -wide planning for the delivery of youth
services, and
WHEREAS, the County has agreed to provide staff time and
resources to support and coordinate the planning process; -
now, therefore, be it
RESOLVED, That the City of Ithaca agrees to participate with
the Town of Ithaca, the Village of Lansing, and the County
of Tompkins in the development of a comprehensive plan for
providing and equitably funding recreation and youth develop-
ment services and would assure that all children and youth
_have access to worthwhile services, which plan will be estab-
lished by August 1, 1988, for implementation in January 1989,
and be it further
RESOLVED, That the plan would explain the role and relationship
of all youth development and recreation services provided
in local communities and clarify how any City services offered
to non -City youth should be paid for, and be it further
RESOLVED, That with a commitment from all of the aforementioned
municipalities to participate in such comprehensive planning,
and a commitment from the Town of Ithaca to contribute $105,000
to the City in 1988, and a commitment from the Village of
Lansing to contribute $9,000 to the City for the calendar
year 1988, as good -faith efforts to continue their former
relationship as participating municipalities, the youth residing
in those municipalities will be entitled to City rates and
full access to Ithaca Youth Bureau activities for 1988, and
be it further
RESOLVED, That in the absence of such contributions to the
City by either the Town of Ithaca or the Village of Lansing,
the rates for youth residing in the nonparticipating municipality
will be those established by action of the Common Council
in January, 1988, that is the so- called triple rate structure.
Alderperson Schlather gave background information on the
substitute resolution.
Discussion followed on the floor.
Amending Resolution
By Alderperson Killeen: Seconded by Alderperson Johnson
RESOLVED, That the figures in the third Resolved, be changed
from $105,000 to $88,000 and from $9,000 to $6,000.
Mayor Gutenberger urged Council to accept and vote for the
amendment. He asked Council to keep the City at the table.
We have a commitment from the County, Village and Town to
participate. He stated that $20,000 is too small a figure
for adults to quibble over when we have children in this
community that need the Youth Bureau services.
Further discussion followed on the amendment.
A vote on the amendment resulted as follows:
Ayes (4) - Lytel, Cummings, Johnson, Killeen
Nays (6) - Nichols Romanowski, Schlather, Hoffman,
Peterson, Booth
Motion Defeated
-2S-
March 2, 1988 55
Substitute Resolution
A vote on -the Substitute Resolution resulted as follows:
Ayes (7) - Schlather, Romanowski, Lytel, Booth, Nichols
Peterson, Hoffman
Nays (3) - Cummings, Killeen, Johnson
Carried
Engineering Technician Reclassificaton
By Alderperson Schlather: Seconded by Alderperson Romanowski
RESOLVED, That the Superintendent of Public Works be directed
to compensate three employees, John Debell, Neil Bieberich
and Arthur Santora, as Engineering Technicians, retroactive
to the original date of reclassification, December 9, 1987,
without prejudice and without amendment to the Roster of
the Department of Public Works.
Carried Unanimously
_City Attorney's Office Reclassification
By Alderperson Schlather: Seconded by Alderperson Booth
RESOLVED, That the position of Senior Stenographer in the
office of the City Attorney be deleted from the approved
(n Roster, and that the position of Confidential Secretary to
�- the City Attorney be established and that the position be
added to the City Compensation Plan for employees not covered
LO by a union, at the 1987 range of $11,132 to $15,845, and
be it further
RESOLVED, That Common Council in cooperation with the Ithaca
Civil Service Commission shall seek exempt jurisdictional
classification approval from the New York State Civil Service
Commission.
Carried Unanimously
Consultant for Police Chief Examination
By Alderperson Schlather: Seconded by Alderperson Romanowski
RESOLVED, That $5,000 be transferred from Account A1990,
Contingency, to Account A1430 -430, Fees for Professional
Services, to provide funding for consultant services as
requested by the Civil Service Commission, and be it further
RESOLVED, That the Personnel Administrator be directed to
coordinate the selection of such consultant.
Carried Unanimously
Deferred Coo! r �,ation Plan
By Alderpei lather: Seconded by Alderperson Romanowski
WHEREAS, t)� of Ithaca wishes to adopt the Deferred
Compensatio for employees of the New York State and
other participating Public Jurisdictions (the "Plan ") for
the voluntary participation of all eligible employees attached
hereto as Exhibit 1, established in accordance with section
457 of the Internal Revenue Codes and Chapter 547 of the
Statutes of the State of New York, and
WHEREAS, the purpose of the Plan is to encourage employees
to make and continue careers with the City of Ithaca by pro-
viding eligible employees with a convenient way to save
on a regular and long -term basis and thereby provide for
their retirement, and
(400.1
WHEREAS, the
Board of the
Plan shall be
State of New
governed by the
York (the "Board ")
Deferred Compensation
and be subject
to the Rules
and Regulations
promulgated by
the Board pursuant
to Section 5
of the State
Finance Law; now,
therefore, the
City of Ithaca resolves as
follows:
EA
-26-
March 2, 1988
RESOLVED, That the City of Ithaca hereby adopts the Plan
for the voluntary participation of all eligible employees,
and be it further
RESOLVED, That the appropriate officials of the City of Ithaca
are hereby authorized to take such actions, make such filings
and enter such agreements as are required or necessary for
the adoption, implementation and maintenance of the Plan,
and be it further
RESOLVED, That the Plan shall be in accordance with and subject
to the aforementioned Rules and Regulations as are currently
in effect and hereafter promulgated by the Board pursuant
to Section 5 of the State Finance Law, and be it further
RESOLVED, That the Plan shall be implemented following written
acknowledgment received from the Board that the required
documents have been properly filed with the Board.
Carried Unanimously
Bargaining Unit for Assistant Fire Chief Positions
By Alderperson Schlather: Seconded by Alderperson Romanowski
RESOLVED, That the Common Council of the City of Ithaca does
hereby recognize the Chief Officers' Association, for the
purpose of Collective Bargaining and the administration of
grievances connected with their separate unit. In addition,
the City of Ithaca recognizes the Ithaca Paid Fire Fighters
Association, Local 737, AFL - CIO -CLC, as the sole bargaining
agent and representative for the Chief Officers' Association.
This recognition shall extend as prescribed by the New York
State Taylor Law.
Carried Unanimously
Executive Session
By Alderperson Booth: Seconded by Alderperson Johnson
RESOLVED, That Common Council adjourn into Executive Session
to discuss collective bargaining.
Carried Unanimously
Regular Session
By Alderperson Booth: Seconded by Adlerperson Johnson
RESOLVED, That Common Council reconvene in Regular Session.
Carried Unanimously
Approval of Employee Bargaining Unit Contract - City Executive
Association
By Alderperson Schlather: Seconded by Alderperson Killeen
RESOLVED, That the Agreement between the City of Ithaca and
the City Executive Association for a new three -year contract
commencing on January 1, 1988, and expiring on December 31,
1990, be approved as recommended by the City Negotiator,
and that the Mayor and City Clerk be authorized and directed
to sign and execute the Contract on behalf of the City under
its corporate seal.
Carried Unanimously
Approval of Employee Bargaining Unit Contract - Police Benevolent
Association
By Alderperson Schlather: Seconded by Alderperson Romanowski
RESOLVED, That the Agreement between the City of Ithaca and
the Police Benevolent Association for a new one -year contract
commencing January 1, 1988, and expiring on December 31,
1988, be approved as recommended by the City's Negotiator,
and that the Mayor and City Clerk be authorized and directed
to sign and execute the Contract on behalf of the City under
its corporate seal.
Carried Unanimously
ft.
0
-27- March 2, 1988
Amendment to Youth Bureau Equipment List
By Alderperson Schlather: Seconded by Alderperson Killeen
RESOLVED, That the Authorized Equipment List for the Youth
Bureau be amended to include a hydraulic lift for the mechanics
all stars garage, at an amount not to exceed $4,800, subject
to New York State approval of the $10,000 Youth Development
Grant.
Carried Unanimously
5'7
Carried Unanimously
Amendment to Finance Department Equipment List
By Alderperson Schlather: Seconded by Alderperson Killeen
RESOLVED, That the 1988 Authorized Equipment List of the
Finance Department be amended to include the purchase of
a personal computer and related software and training for
the City Clerk's Office, at an amount not to exceed $2,500,
and be it further
RESOLVED, That $2,500 be transferred from A1990, Unrestricted
Contingency, to A131S -210, Office Equipment.
Carried Unanimously
Additional Funding of Election Account
By Alderper= Schlather: Seconded by Alderperson Killeen
WHEREAS, th Clerk has been notified that a second Primary
Election wi held during 1988, and
WHEREAS, additional funds will be required to finance such
Primary Day election, and a related Seminar for individuals
who set up voting machines; now, therefore, be it
RESOLVED, That $5,625 be transferred from Unrestrcited Contingency
to the Election Account, as follows:
A1450 -435 $5,375
A14SO -440 2S0
Carried Unanimously
Extension of County Tax Warrant
By Alderperson Schlather: Seconded by Alderperson Killeen
RESOLVED, That the City Chamberalin be authorized to request
the County of Tompkins to extend its Warrant for collection
of the 1988 State and County Taxes until June 1, 1988.
Carried Unanimously
City Assessment Roll Corrections
By Alderperson Schlather: Seconded by Alderperson Hoffman
WHEREAS, the 1988 Tax Roll for the City of Ithaca included
property known as Tax Map Number 30- 1 -1.2, owned by Cornell
University, and
iL
Amendment to Youth
Bureau Program Budget
By Alderperson Schlather: Seconded by Alderperson Killeen
WHEREAS, the Youth
Bureau has applied
for funding from the
Ithaca School District
and State of New York for Youth Develop-
ment Grants of $4,200
and $10,000 respectively; now, therefore,
be it
RESOLVED, That the
Youth Development
1988 Adopted Budget
be amended as follows:
Increase in
Revenues
$14,200
Lo
Increase in
Appropriations:
I-
A7310 -110
$1,000
L
A7310 -120
4,200
A7310 -225
4,000
=
A7310 -460
4,600
m
A7310 -470
300
A7310 -445
100
Total
$14,200
Carried Unanimously
Amendment to Finance Department Equipment List
By Alderperson Schlather: Seconded by Alderperson Killeen
RESOLVED, That the 1988 Authorized Equipment List of the
Finance Department be amended to include the purchase of
a personal computer and related software and training for
the City Clerk's Office, at an amount not to exceed $2,500,
and be it further
RESOLVED, That $2,500 be transferred from A1990, Unrestricted
Contingency, to A131S -210, Office Equipment.
Carried Unanimously
Additional Funding of Election Account
By Alderper= Schlather: Seconded by Alderperson Killeen
WHEREAS, th Clerk has been notified that a second Primary
Election wi held during 1988, and
WHEREAS, additional funds will be required to finance such
Primary Day election, and a related Seminar for individuals
who set up voting machines; now, therefore, be it
RESOLVED, That $5,625 be transferred from Unrestrcited Contingency
to the Election Account, as follows:
A1450 -435 $5,375
A14SO -440 2S0
Carried Unanimously
Extension of County Tax Warrant
By Alderperson Schlather: Seconded by Alderperson Killeen
RESOLVED, That the City Chamberalin be authorized to request
the County of Tompkins to extend its Warrant for collection
of the 1988 State and County Taxes until June 1, 1988.
Carried Unanimously
City Assessment Roll Corrections
By Alderperson Schlather: Seconded by Alderperson Hoffman
WHEREAS, the 1988 Tax Roll for the City of Ithaca included
property known as Tax Map Number 30- 1 -1.2, owned by Cornell
University, and
iL
IT
-28- March 2, 1988
WHEREAS, pursuant to Section S54 (sub.4A) of the Real Property
Tax Law the Director of Assessments has investigated an appli-
cation for the correction of an error in essential fact filed
by Cornell University, and
WHEREAS, said investigation revealed that a Court Order dated
October 2, 1987, reduced taxable value to $ -0 -, and
WHEREAS, the Director of Assessments recommends that the
assessed value be changed from $10,000 to $ -0 -; now, therefore,
be it
RESOLVED, That the 1988 Tax Roll for the City of Ithaca be
amended to reduce the assessment of Tax Map Number 30 -1 -1.2
from $10,000 to $ -0 -, and be it further
RESOLVED, That the City Chamberalin be authorized and directed
to make the appropriate changes in the Tax Roll and to prepare
a new tax bill for said property.
Carried Unanimously
Civil Service Agreement with School District
By Alderperson Schlather: Seconded by Alderperson Killeen
RESOLVED, That the Mayor and City Clerk be authorized and
directed to execute an Agreement between the City of Ithaca
and the Ithaca City School District for performance by the
City of services in connection with Civil Service matters,
for the period July 1, 1988, to June 30, 1989, in an amount
of $15,169.64, payable to the City of Ithaca on or before
November 1, 1988.
Carried Unanimously
Request to Fill Finance Department Position
By Alderperson Schlather: Seconded by Alderperson Killeen
RESOLVED, That Kathleen Boyd be provisionally appointed to
the position of Senior Account Clerk, at Step 5 on the 1987
C.S.E.A. Administrative Unit Salary Schedule, at an annual
salary of $12,205.
Carried Unanimously
Request to Establish New Finance Department Position
RESOLVED, That a new Account Clerk position be established
in the City Chamberlain's Office of the Finance Department,
subject to approval by the City of Ithaca Civil Service
Commission.
*By Alderperson Schlather: Seconded by Alderpersoiarried Unanimously
Killeen
Request to Contact Bond Counsel
By Alderperson Schlather: Seconded
RESOLVED, That the City Controller
the City's designated Bond Counsel
of the Bond Resolution for construc
fire stations.
by Alderperson Killeen
be empowered to contact
relative to preparation
tion and renovation of
Carried Unanimously
Ithaca Industrial Park - Environmental Review Funding
By Alderperson Schlather: Seconded by Alderperson Romanowski
RESOLVED, That $4,600 be appropriated from Capital Reserve
925 for capital improvements, and transferred to the Planning
Department Budget Account A8020 -430, Fees for Professional
Services, to conduct a full Environmental Review of the Ithaca
Industrial Park, and be it further
RESOLVED, That the cost of such Environmental Review be re-
covered from prospective tenants of the Park.
Carried Unanimously
Ln
Lo
m
a
-29-
March 2, 1988 5')
D.P.W. Request for Two New Part -time Positions
By Alderperson Schlather: Seconded by Alderperson Killeen
WHEREAS, a full -time parking meter checker has requested
and received a three -month medical leave of absence; now,
therefore, be it
RESOLVED, That Common Council amends the Department of Public
Works Roster by adding two temporary part -time meter checkers,
and be it further
RESOLVED, That this Common Council makes the two part -time
meter checker positions permanent effective upon expiration
of the medical leave of absence granted Gordon Welch, and
deletion of the corresponding full -time meter checking position.
Ayes (9) - Schlather, Romanowski, Nichols, Johnson,
Lytel, Cummings, Peterson, Killeen, Booth
Nay (1) - Hoffman
Carried
Fire Department Hazardous Materials Grant
By Alderperson Schlather: Seconded by Alderperson Peterson
WHEREAS, the State Legislature and the Congress of the United
States have recognized that a serious problem exists with
the transportation, storage and use of hazardous materials,
and have addressed this problem with appropriate legislation,
and
WHEREAS, grant funds are available through the New York State
Office of Fie i'revention and Control to assist localities
in hazardous rniaterials planning activites; now, therefore, be it
RESOLVED, That John C. Gutenberger, Mayor of the City of
Ithaca, be authorized and directed to sign such project agree-
ment as may be required to secure such grant funds.
Carried Unanimously
Fire Department Authorized Equipment List From Capital Reserve
By Alderperson Schlather: Seconded by Alderperson Killeen
RESOLVED, That the 1988 Authorized Equipment List of the
Fire Department be amended to include the purchase of light-
weight fire hose for high -rise hose packs, as requested by
the Fire Chief, and be it further
RESOLVED, Thit $3,000 be appropriated from Capital Reserve
#1S, for Fit pparatus, to fund such acquisition.
Carried Unanimously
Fire DepartmenF_ Authorized Equipment List
By Alderperson Schlather: Seconded by Alderperson Killeen
RESOLVED, That the 1988 Authorized Equipment List of the
Fire Department be amended to include the purchase of an
Airway Obstruction Suction Unit, such purchase to be effected
from funds already provided in the 1988 Fire Department Adopted
Budget.
Carried Unanimously
Audit
By Alderperson Schlather: Seconded by Alderperson Killeen
RESOLVED, That the bills presented, as listed on Audit Abstract
(Woo" #4/1988, in the total amount of $20,090.63 be approved for
payment.
Carried Unanimously
CHARTER AND ORDINANCE COMMITTEE:
Front Yard Parking Regulations - Resolution Calling for Public
Hearing
By Alderperson Booth: Seconded by Alderperson Schlather
61
60
-30-
March 2, 1988
RESOLVED, That Ordinance No. 88 - entitled "An Ordinance
Amending Paragraph A(5) of Section 30.37 of Chapter 30 entitled
'Zoning' of the City of Ithaca Municipal Code" be and it
hereby is introduced before the 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 in the Common Council Chambers, City Hall, 108
East Green Street, Ithaca, New York on Wednesday April 6,
1988 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 news-
paper 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 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. 88 -
AN ORDINANCE AMENDING PARAGRAPH A(5) OF SECTION 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 PARAGRAPH A(5) OF SECTION 30.37
1. That Paragraph A(5) of Section 30.37 is hereby amended
to delete the existing language and diagram of Paragrrph
A(5) and to add the following new language and diagram to
read and provide as follows:
"5. Parking in front yards.
a. In all districts, no parking parallel to the street
is permitted within five (5) feet of the sidewalk edge
farthest from the street, or if no sidewalk exists,
within ten (10) feet of the edge of the street pavement.
b. In all residential districts, parking in the front
yard of lots which have a width at the street line
of fifty (50) feet or less shall be restricted to
parking within a driveway that is perpendicular to
the street and which is not more than twelve (12) feet
wide for the portion that passes through the front
yard.
C. In all residential districts, parking in the front
yard of lots which have a width at the street line
of more than fifty (50) feet shall be restricted to
an area not greater than twenty -five (25) percent of
the total area of the front yard, including turn- around
and other vehicle maneuvering areas and driveways leading
to garages and parking areas.
d. All parking areas, including ancillary driveway and
maneuvering areas, shall have clearly defined boundaries
and shall have adequate provisions to prevent drainage
of surface water onto adjoining property under normal
conditions.
e. No curb cut shall be made unless a permit has first
been obtained from the City Clerk after approval by
the City Engineer.
O
It-
Lo
Iq
LD
m
Q
-31- March 2, 1988
f. Curb cuts on adjacent lots may be side -by -side and
may be combined whenever possible.
g. There shall be no removal of any tree located on City
property unless approval has first been granted by
the Board of Public Works.
h. Any off - street parking area which has been constructed
or is in use without a permit granted in accordance
with Section 30.56 of this ordinance shall be required
to conform to the design standards of this section .
within eighteen (18) months of the date of enactment
of this section."
SECTION 2. EFFECTIVE DATE
This ordinance shall take effect immediately and
with law upon publication of a notice as provided
3 11(B) of the Ithaca City Charter.
Carried Unanimously
in accordance
in Section
Front Yard Parking Regulations
Alderperson Booth reported tha
Short Environmental Assessment
regulations and decided that a
Form needs to be done. Deputy
on that and will bring it back
- Environmental Assessment
L the Committee looked at a
Form on front yard parking
Long Environmental Assessment
Director Mazzarella is working
to Committee at the next meeting.
Environmental Assessment and Finding of Non - significant Impact
- License for Simeon's Restaurant
By Alderperson Boot : Seconde by Alderperson Johnson
WHEREAS, Simeon's Restaurant has made application to the Commons
Advisory Board, the Board of Public Works and the Common
Council of the City of Ithaca for a license agreement for
operation of outdoor dining facilities in connection with
the general operation of Simeon's Restaurant in an area of
approximately 60 square feet on Aurora Street and approximately
147 square feet on the Ithaca Commons and to sell alcoholic
beverages in connection with said outdoor dining, and
WHEREAS, a Short Environmental Assessment Form for this action
was prepared and submitted together with said application,
and
WHEREAS, said Short Environmental Assessment Form has been
reviewed by the Commons Advisor and by the Conservation Advisory
Council an' 'ey have indicated that they find no adverse
environmen ffects associated with said action; now,
therefore, t
RESOLVED, Thai the Common Council does hereby designate itself
as lead agency for environmental review of the application
of Simeon's Restaurant for outdoor dining facilities on city
property, and be it further
RESOLVED, That Common Council hereby finds that the proposed
action is an unlisted action for environmental review purposes
and that the Short Environmental Assessment Form submitted
by the applicant and reviewed by the Commons Advisor and
the Conservation Advisory Council is sufficient to assess
the environmental effects of said action, and be it further
61.
RESOLVED, That the Common Council hereby determines that
the proposed action will not result in any significant adverse
environmental impacts and does hereby make a negative declaration
of envirommnetal significance for this action, and be it
further
RESOLVED, That Common Council hereby directs the Mayor of
the City of Ithaca to execute the Part 3 determination of
significance on behalf of the Common Council of the City of
L
62
-32- March 2, 1988
Ithaca on the Short Environmental Assessment Form indicating
thereon a determination of no significant adverse environmental
impacts caused by this action.
Carried Unanimously
Revocable License for Simeon's Restaurant
By Al erperson Booth: Seconded y Alder—person Schlather
WHEREAS, in 1987 the City of Ithaca issued a license to Simeon's
Restaurant allowing the restaurant to utilize certain areas
along Aurora Street and on the Ithaca Commons for outdoor -
dining, and
WHEREAS, this use of public property has generally beeil deemed
proper and successful, and
WHEREAS, the City of Ithaca wishes to promote diverse uses
of the Ithaca Commons, including outdoor dining, and
WHEREAS, the Board of Public Works has approved a revocable
license agreement between the City and Simeon's Restaurant
to allow use of this public property for outdoor dining in
1988, and
WHEREAS, it is Common Council's responsibility to determine
whether or not to allow the serving and consumption of alcohol
on the Ithaca Commons, and
WHEREAS, Common Council has determined that the use of this
public property for outdoor dining at Simeon's Restaurant,
including the sale and consumption of alcohol is desirable,
and
WHEREAS, Common Council has determined that any use of this
or similar public property involving the sale and consumption
of alcohol should be covered by a minimum of $300,000 insurance
under the Dram Shop Act; now, therefore, be it
RESOLVED, That Common Council hereby approves a revocable
license agreement between the City and Simeon's Restaurant.
Ayes (9) - Schlather, Nichols, Romanowski, Cummings, Hoffman
Johnson, Lyfel, Peterson, Killeen
Nay (1) - Booth
Carried
Ordinance Amending Chapter S5 Entitled "Fire Regulations"
of — the Municipal Code
By Al erperson Booth: Seconded by Alderperson Schlather
WHEREAS, the City of Ithaca wishes to keep the City's Fire
Regulations consistent with the most up -to -date requirements
of Chapter C. entitled "Fire Prevention ", of the New York
State Uniform Fire Prevention and Building Code and the standards
accompanying that code; now, therefore, be it
RESOLVED, That Common Council approves and hereby adopts
the following ordinance:
ORDINANCE NO. 88 -
AN ORDINANCE AMENDING CHAPTER 55 ENTITLED "FIRE REGULATIONS"
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: 1,40)
Section 1. That Chapter 55 of the Municipal Code of the
City of Ithaca, entitled "Fire Regulations ", Article II,
Section 55.11, 'thereof, entitled "Adoption of Fire Prevention
Code" is hereby amended to read as follows:
-35- March 2, 1988
8. develop an improved system for city departments to
respond to complaints and requests from neighborhood
residents,
9. develop a program of improved enforcement of the City
of Ithaca's existing parking and traffic regulations,
10. revise the City of Ithaca's existing alternate side
of the street parking regulations,
11. investigate various strategies for stabilizing rent,
including the encouragement of mutual housing program
as well as city -wide regulation of rental rates and
(U00" conditions,
12. strengthen the role of citizens and neighborhood groups
in the city's planning and policy- making process,
and be it further
"RESOLVED, That endorsement of the actions listed above constitutes
a commitment to investigate and refine the concepts behind
each action, and that each action shall be brought before
LoCommon Council for review and approval prior to implementation,
Iq and that the actions are not necessarily listed in order of
LO priority, and be it further
RESOLVED, That Common Council hereby endorses the concept
(n of the development of a Housing Commission for the City of
Q Ithaca for the purpose of providing a focus for the continued
discussion and resolution of housing concerns in the City
of Ithaca.
Amending Resolution
By Alderperson Schlather: Seconded by Alderperson Romanowski
RESOLVED, That the words "regulation of rental rates and
conditions" be deleted from Item #11.
Discussion followed on the floor on the amendment.
A vote on the amendment resulted as follows:
Ayes (2) Schlather, Romanowski
Nays (8) Booth, Killeen, Hoffman, Nichols, Cummings, Peterson,
Lytel, Johnson
Motion Defeated
Main Motio.
A vote on tin Motion resulted as follows:
Ayes (9) - �-hlather, Booth, Nichols, Hoffman, Lytel, Johnson,
Cummings, Peterson, Killeen
Nay (1) - Romanowski
Carried
De artment of Plannin and Development 1988 Work Program
By Al erperson Cummings: Secondea by Al erperson Killeen
WHEREAS, the Ithaca City Charter requires that the Department
of Planning and Development submit for approval a work program
showing planned activities for each calendar year, and
WHEREAS, the Board of Planning and Development has reviewed
and approved the Department's proposed 1988 Work Program,
and
WHEREAS, the Department's proposed 1988 Work Program has
been reviewed and amended by the Planning and Development
Committee; now, therefore, be it
RESOLVED, That the Common Council hereby approves the Depart-
ment of Planning and Development's 1988 Work Program.
65
sf) -36- March 2, 1.988
Alderperson Cummings gave background information on the resolution.
Discussion followed on the floor.
A vote on the resolution resulted as follows:
Carried Unanimously
Nomination of Cornell Heights to National Register
By Alderperson Cummings: Seconded by Al erperson Schlather
WHEREAS, the Common Council of the City of Ithaca gave author-
ization to the Department of Planning and Development to
submit a Certified Local Government Subgrant application
for the purpose of conducting an in depth historic and architec-
tural resources survey of Cornell Heights and to prepare
a National Register nomination, and
WHEREAS, upon consultation between staff from the New York
State Office of Parks, Recreation and Historic Preservation
-and the City of Ithaca Department of Planning and Development
it was determined that the proposed Cornell Heights District
is of sufficient significance and integrity to warrant nomina-
tion to the State and National Registers of Historic Places, and
WHEREAS, the majority of property owners in Cornell Heights
favor listing on the State and National Registers at the
soonest possible date, and
WHEREAS, Cornell Heights is a sensitive neighborhood and
one particularly vulnerable to building activity; now, therefore,
be it
RESOLVED, That the City of Ithaca - Common Council strongly
supports listing of Cornell Heights on the State and National
Registers and urges the Commissioner and the Committee to
sign and forward the nomination to the Keeper of the National
Register.
Carried Unanimously
INHS Mutual Housing Development Agreement 1va)
By Al erperson Cummings: Seconded by Alderperson Schlather
WHEREAS, the City of Ithaca and Ithaca Neighborhood Housing
Services, Inc. (INHS) have cooperatively engaged in programs
to improve housing conditions and housing affordability in
the City 6f Ithaca, and
WHEREAS, INHS is pursuing a proposal to develop a mutual
housing association in the City of Ithaca, and
WHEREAS, the City of Ithaca's 1987 -88 Community Development
Block Grant program contains funds which are designated to
be used by INHS to further the development of affordable
housing, and
WHEREAS, INHS has proposed an agreement between the City
of Ithaca, the Neighborhood Reinvestment Corporation and
INHS that would provide funding for the organization and
development of a mutual housing association; now, therefore
be it
RESOLVED, That the Common Council hereby endorses the develop-
ment of a mutual association in the City of Ithaca, and be
it further
RESOLVED, That the Common Council hereby authorizes and directs
the Mayor to sign the Development Agreement between INHS,
the Neighborhood Reinvestment Corporation and the City of
Ithaca.
Alderperson Cummings gave background information oh the
resolution. In order to give all participants time to look
this over and have their questions answered Alderperson Cummings
-33- March 2, 1988
Section 55.11 Adoption of Fire Prevention Code
There is hereby adopted by the Common Council of the City
of Ithaca of the County of Tompkins and State of New York,
for the purpose of prescribing regulations governing conditions
hazardous to life and property from fire or explosion, that
version of a certain code in effect on October 31, 1987 known
as Chapter C entitled "Fire Prevention" of the New York State
Uniform Fire Prevention and Building Code and the version
of the accompanying standards of the code in effect on October
31, 1987, the provisions of which shall be controlling within
the limits of the City of Ithaca and shall apply regardless
of the date of construction of any such building affected
thereby.
Section 2. The City Clerk is directed to keep on file
in the City Clerk's Office at least one copy of such code
and a copy of such code shall be made part of the Official
"Record filed in the City Clerk's Office.
Section 3. The Mayor of the City of Ithaca shall notify
LO the New York State Fire Prevention and Building Code Council
within thirty (!.Ys of the effective date of this ordinance
NZIr of its enactni,:. pursuant to New York Executive Law Section
Lo 379.
Section 4. This ordinance shall take effect immediately
and in accordance with law upon publication of a notice as
Q provided in Section 3.11(B) of the Ithaca City Charter.
Carried Unanimously
Ordinance Amending Chapter 55 Entitled "Fire Regulations"
of the Municipal Code
By Al erperson Booth: Seconded by Alderperson Schlather
WHEREAS, Common Council has identified an error in Section
SS.14(E)(10)(a) of the Municipal Code; now, therefore, be it
RESOLVED, That Common Council does hereby approve and adopt
the following ordinance:
ORDINANCE NO. 88 -
AN ORDINANCE AMENDING CHAPTER 55 ENTITLED - "FIRE REGULATIONS"
OF THE CITY OF ITHACA MUNICIPAL CODE.
BE IT ORDA 'i AND ENACTED by the Common Council of the
City of Itha Vew York as follows:
Section 1. That Chapter 55 of the Municipal Code of the
City of Ithaca, entitled "Fire Regulations ", Article II,
Section 55.14, thereof, entitled "Permits Required "; subdivision
(E)(10)(a) thereof is hereby amended to read as follows:
a. Storage, handling, or use of Class I liquids in excess
of 10 gallons inside of any buildings or in excess
of 10 gallons outside of any building, as set forth in
NFPA 31 ,1979, except that no permit shall be required
for the following:
1. For the storage or use of flammable or combustible
liquids in the fuel tank of a motor vehicle, air-
craft, portable or stationary engine, boat, or
portable heating plant.
2. For the storage or use of paints, oils, varnishes,
or similar flammable mixtures when such liquids
are stored for maintenance, painting, or similar
purposes for a period of not more than 30 days.
63
a.
X
-34- March 2, 1988
Section 2. 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
Procedure to Govern Mayor's Submission of Nominations for
Common Council Review and Approval
Al erperson Booth reported that the Committee discussed creating
a procedure to govern the Mayor's submission of nominations
to Common Council. The Committee will be looking at a draft
resolution at the next meeting.
Ordinance Regulating Smoking in Public Places and Workplaces
Al erperson Booth reported that the Committee discussed the
possibility of adopting an ordinance regulating smoking in
public places and workplaces. There will be a draft ordinance
to discuss at the next Charter and Ordinance Committee.
_PLANNING AND DEVELOPMENT COMMITTEE:
Strategic Housing an Neig bor oo s Plan
Lift From Ta le
By Al erperson Cummings: Seconded by Alderperson Booth
RESOLVED, That Strategic Housing and Neighborhoods Plan be
lifted from the table.
Carried Unanimously
WHEREAS, the issues of neighborhood stability, housing cost,
housing conditions, parking and traffic have been of concern
to many Ithaca residents in recent years, and
WHEREAS, the Common Council has authorized the preparation
of a strategic plan to address housing and neighborhood issues,
and
WHEREAS, the Board of Planning and Development has completed
a broad study of housing and neighborhood issues, developed
goals and objectives for housing and neighborhood concerns
and identified a series of actions that are designed to address
housing and neighborhood problems, and
WHEREAS, the strategic planning process undertaken by the
Board of Planning and Development included extensive partici-
pation by the public; now, therefore, be it
RESOLVED, That this Common Council does hereby endorse the
following recommended actions as a means of addressing Ithaca's
critical housing and neighborhood concerns:
1. develop a housing trust fund,
2. actively seek out, publicize, and consider available
federal and state programs that subsidize affordable
housing,
3. support the retention and rehabilitation of existing
housing units through financial and in -kind support,
4. develop new project review procedures that provide
more discretionary review by the city, more flexibility
in project design and full protection against out -6f -scale
projects,
S. develop new responses to problems that originate from
"lifestyle" differences within neighborhoods,
6. establish on -going working groups among Cornell, Ithaca
College, neighborhood residents and city officials
to develop solutions to neighborhood problems caused
by Cornell and Ithaca College, including the development
of on- campus housing where appropriate,
7. develop performance standards to regulate the maintenance
of buildings and grounds and new procedures for the
enforcement of those standards,
D
-37-
March 2, 1988
requested that the resolution be tabled. It will be re- introduced
at the April Council meeting for action.
Tabling Motion
By Al erperson Cummings: Seconded by Alderperson Schlather
RESOLVED, That the matter of the INNS Mutual Housing Development
Agreement be tabled.
Carried Unanimously
Establishment of a Weekly Listing of Building Permit Applications
By Al erperson Cummings: Seconded by Al erperson Killeen
WHEREAS, Common Council desires to provide the community
(4mwel with more information, at an early stage, about proposed
new building construction, demolition, conversion or expansion
of existing buildings; now, therefore, be it
RESOLVED, That the City Building Department is directed to
prepare and distribute a current list and description of
all applications for City of Ithaca building permits as des-
cribed below, to all alderpersons and the Mayor, on a weekly
basis, and be it further
LO RESOLVED, That said list be prepared and distributed according
Iq to the following conditions:
Lo 1. A proposal shall appear on the list when the applicant
files a request for a building permit.
m 2. The following information shall be included in the
Q description of each project that appears on the list:
6'7
a. Property address
b. Property owner (name � address) and applicant
(name & address) if other than owner
C. Type of project (new construction, conversion,
repair), approximate size of building, footprint
and total square feet of floor area
d. Approximate siting of buildings on property including
accessory structures
e. Number of bedrooms and dwelling units and /or square
footage of new or renovated non - residential construction
f. Number of stories and height
g. Number of parking spaces /existing or proposed
h. Cost of project
i. Whether any demolition of existing structures is
involved.
In th,_ -ise of renovation, the size of the existing
struc'L as well as the proposed renovation should
be spc ied.
3. The following projects shall be excluded from the list:
a. A project which involves only interior work and
no change in current use
b. Repairs, additions or construction of a one or
two- family residence
C. Projects involving only repair and maintenance
work and no change in use
d. Projects for which confidentiality must be main-
tained in order to protect the physical safety
of those involved (e.g., a shelter for battered
women)
e. Emergency repair work
4. In the event that an application has been excluded
from the list due to confidentiality, the Building
Department shall note on the list that such an exclusion
has occurred.
CL
68
MTN
March 2, 1988
S. The list shall be printed by Tuesday noon of each week
(and so dated) and shall be immediately distributed
to all alderpersons and the Mayor, by placing it in
the recipient's City Hall mailbox or by mailing it
to the recipient's home address, according to the wish
of each recipient.
6. Each list shall be available to the media, upon request,
and be it further
RESOLVED, That no application for a building permit which
is required to appear on said weekly list shall be approved
until at least one week (7 calendar days) after the distri-
bution of the list.
Discussion followed on the floor.
A vote on the resolution resulted as follows:
Carried Unanimously
Improper Use of State Aid for Local Economic Development
By Al erperson Cummings: Seconded y Sc lat er
WHEREAS, the purpose of state support for local economic
development is to aid new or expanding businesses or to
attract businesses from out of state, and
WHEREAS, other New York State communities have attempted
to use JDA, IDA, and other state - authorized economic develop-
ment funding to lure Ithaca Acquisition Corporation (Ithaca
Gun) away from the community that shares its name, and
WHEREAS, these actions appear to this Common Council to be
in violation of the purposes for which these funding mechanisms
were established; now, therefore, be it
RESOLVED, That the Common Council of the City of Ithaca wishes
to state its oppositioii to this abuse of state support for
economic development, and that a copy of this Resolution
be sent to Governor Mario Cuomo, Director of New York State
Economic Development Vincent Tese, and our representatives
in the New York State Senate and Assembly.
Carried Unanimously
Hydropower Commission
Alderperson Cummings reported that the Hydropower Commission
has met and discussed a referdum for this Fall. Membership
is needed on the Commission and we need to recompute the
figures on the cost benefits of the Ithaca Falls plant. City
Planner Jones is working on this.
Alderperson Hoffman, Liaison from the Planning and Development
Committee, stated that there seems to be four Hydropower
Commission members who are still active. Originally it was
a 13 member Commission. We need to bolster its membership
for the Comminssion to be able to do its work.
Alderperson Booth stated that the Council might want to look
at the possibility of creating an Environmental Commission.
Alderperson Nichols stated that he would like the Committee
to look into what an appropriate Hydropower Commission would
be now as opposed to what it was 4 or S years ago.
Community Development Application Process
Alderperson Cummings reported that she has distributed the
Community Development Application calendar. At the April
Common Council meeting the Community Development Budget will
be acted upon.
F-5
-39-
March 2, 1988 69
REPORT OF SPECIAL COMMITTTEES AND COUNCIL LIAISONS
Ithaca Landmarks Preservation Commission
Alderperson Hoffman reporte t at the PC will conduct a
hearing on the expanded East Hill Historic District on March
14th at 7:00 P.M. in the Council Chambers.
New Fire Stations Committee
Alderperson Killeen reported that on March 1 the Town Planning
Board unanimously passed final site plan approval for both
South and West Hill locations.
At the next New Fire Stations meeting on March 8, the committee
will recommend the Town act as Lead Agency in needed environ-
mental review for new stations.
Stewart Park Advisory Group
Alderperson Killeen reported that the resolution to form
a Parks Commission for Stewart Park is being explored by
-a sub group of the Planning and Development Committee, by
a staff group in the Department of Public Works, and by
members of the Six Mile Gorge Overseer Committee with parti-
LOcllar concern for a natural areas commission. All organiza-
Iq tional ideas will be evaluated and coalesced in coining months.
Lo Commons Advisory Board
Alderperson Cummings distributed a schedule of events for
M the Ithaca Festival which is scheduled for June 1 -S.
Q NEW BUSINESS
ACC's Voluntary Suspension in Cable TV Rate Increases
By Alderperson Killeen: Seconded by Alderperson Jo nson
WHEREAS, ACC has been announcing for many weeks its intention
to raise rates for Cable TV service in the City of Ithaca,
effective March 1, 1988, and
WHEREAS, ACC and the City have been engaged in new franchise
negotiations for many months with clear and positive resolution
in probable sight, and
WHEREAS, these negotiations have covered rates, length of
franchise, discounts for senior citizens, and other elements,
and
WHEREAS, a formal new franchise agreement has not been approved
by the City, or perhaps not even by ACC corporate headquarters,
and
WHEREAS, a mutually agreeable basis for raising rates, con-
sistent with standard commercial and legal practice, does
not now exist; therefore, be it
RESOLVED, That in fairness to the citizens of Ithaca and
particularly those who are ACC customers, this Common Council
calls upon ACC to voluntarily suspend the rate increases
imposed on March 1, 1988 until such time as mutual agreement
is fully obtained, and be it further
RESOLVED, That failing ACC's voluntary suspension of rate
increases, this Common Council directs the City Attorney
to proceed with appropriate legal action to secure prompt
approval and execution of the new franchise agreement to
protect the interest of the TV Cable subscribing citizens
of Ithaca.
Discussion followed on the floor.
A vote on the resolution resulted as- follows:
Ayes (8) - Schlahter, Lytel, Cummings, Killeen, Peterson,
Hoffman, Johnson, Booth
Abstentions (2) - Romanowski (conflict of in
Nichols (unspecified)
Carried
70
-40- March 2, 1988
ADJOURNMENT:
On a motion the meeting adjourned at 1:20 a.m.
Connie Holcom
Acting Deputy City Clerk
D
D