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HomeMy WebLinkAboutMN-CC-1988-04-06COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 7:30 P.M. April 6, 1988 PRESENT: Mayor Gutenberger (arrived at 10:30 p.m.) Alderpersons (10) - Booth, Cummings, Johnson, Nichols, Hoffman, Killeen, Lytel, Peterson, Romanowski, Schlather In the absence of Mayor Gutenberger, the meeting was chaired by Acting Mayor Killeen until the Mayor's arrival. OTHERS PRESENT: City Attorney - Nash (Arrived at 8:30 p.m.) City Controller - Spano City Clerk - Paolangeli Planning � Development Director - Van Cort Youth Bureau Acting Director - Wilson Personnel Administrator - Baker Personnel Associate - Walker Building Commissioner - Hoard Fire Chief - Olmstead (n Police Chief, Acting - Pagliaro Iq Supt. of Public Works - Dougherty LO City Engineer - Gray Board of Public Works Liaison - Reeves m Tomp. Co. Board of Representatives - Stein Q PLEDGE OF ALLEGIANCE: Acting Mayor Killeen led all present in the Pledge of Allegiance to the American flag. MINUTES; Approval of Minutes of February 3, 1988 Common Council Meeting Alderperson Booth requested that on page 12, following the sentence, "Discussion followed on the floor concerning the meaning of several of the words in the resolution ", the following sentence be added, "Those comments made clear, among other things, that the term park commission may also be read as parks commission." No Council member objected. Resolution By Alderperson Schlather: Seconded by Alderperson Booth RESOLVED, That the Minutes of the February 3, 1988 Common Council meeting be approved as corrected. Carried Unanimously Approval of Minutes of March 2, 1988 Common Council Meeting Alderperson Nichols requested that in paragraph 6, page 13 the last sentence be changed to read, "He does not believe changing the zoning to conditional zoning is spot zoning." Alderperson Booth requested that on page 14, third paragraph, Department of Parks, Recreation and Historic Preservation be changed to "New York State Office of Parks, Recreation and Historic Preservation." Alderperson Booth requested that on page 23, under "Substitute Resolution" the word "accepted" be deleted and the word "intro- duced" be inserted. Alderperson Peterson requested that on page 28, under the heading of "Request to Establish New Finance Department Position," the record reflect the motion was introduced by Alderperson Schlather and seconded by Alderperson Killeen. No Council member objected to these corrections. 75 76) -2- April 6, 1988 Resolution By Alderperson Booth: Seconded by Alderperson Johnson RESOLVED, That the Minutes of the March 2, 1988 Common Council be approved as corrected. Carried Unanimously SPECIAL ORDER OF BUSINESS: Public Hearing - An Ordinance Amending Paragraph A(S) of Section 30.37 of Chapter 30 Entitle 'Zoning' of the Clay of Ithaca Municipal Code (Front Yard Parking) Resolution to Open Public Hearin By Al erperson Schlather: Seconded by Alderperson Johnson RESOLVED, That the Public Hearing to consider an amendment to Paragraph A(S) of Section 30.37 of Chapter 30 entitled 'Zoning' of the City of Ithaca Municipal Code be declared open. Carried Unanimously Alderperson Booth gave background information on the ordinance. No person appeared to address the public hearing. Resolution to Close Public Hearing By Alderperson Romanowski: Seconded by Alder RESOLVED, That the Public Hearing to consider to Paragraph A(S) of Section 30.37 of Chapter 'Zoning' of the City of Ithaca Municipal Code closed. person Peterson an amendment 30 entitled be declared Carried Unanimously ADDITIONS TO THE AGENDA: Planning and Development Committee Alderperson Cummings submitted a substitute resolution for Item 16.2 (Labor Coordinator Proposal). Alderperson Cummings requested that Item 16.9, Solid Waste Disposal resolution be deleted from the agenda and in its place a new 16.9 entitled Hydropower Commission Membership Report and Resolution be added. Alderperson Cummings requested the addition of Item 16.10, Mutual Housing resolution. This item needs to be lifted from the table from the March Common Council meeting. No Council member objected. Human Services Committee Alderperson Peterson requested a change in Item 18.2, Boycott of California Table Grapes, from Possible Resolution to Resolution. No Council member objected. Report of Special Committees and Council Liaisons Alderperson Peterson requested the addition of a report from the Six Mile Creek Committee. No Council member objected. Alderperson Killeen requested the addition of a report from the Intermunicipal Fire Committee and a report from the Senior Citizens Council. No Council member objected. Report of City Boards, Committees and Commissions Alderperson Killeen stated that, he would have a -brief report from the Planning and Development Board, and a brief report from the Ithaca Rental Housing Commission. No Council member objected. -3- April 6, 1988 77 COMMUNICATIONS: East Hill Historic District City Clerk Paolangeli read the following letters: "Dear Members of Common Council: The undersigned respectfully request that the block enclosed by Quarry, East Buffalo, East Seneca and Eddy Street be excluded from the proposed expansion of the East Hill Historic District. Our properties in that block contain no lots, nor buildings of historic significance to our knowledge. The architecture (400.1 is erratic and typical of the rest of the city. The pattern of use of these properties has varied over decades, but has been principally student housing. Iq m Q We oppose, individually and collectively, the imposition of the proposed procedures, delays, obstacles and prohibitions that will impair the rightful uses and modifications to our buildings and properties. The delay alone that these procedures require is a cost that must be reckoned with. No other residential district of the city has the same burden imposed. This new proposed power to prohibit otherwise legitimate, reasonable and realistic improvements to our buildings and properties appears to be an unlawful and unconstitutional taking of our property. No recompense is offered for our cost, our time, our reduced value and our limited choice of alternatives. This historic designation policy has no provisions or adjustment for the economic impact it imposes. The review and appeal process is exclusively political not judicial. The criteria for review are not defined. For all these reasons, we object strenuously to inclusion of our homes, buildings and properties and urge revision 1) of the property lines to exlude our property, and 2) the review process and criteria. Respectfully submitted, Orson Ledger, 192 White Church Road, Brooktondale Gus Lambrou, 405 - 407 - 409 -414 - 306 -31512 Eddy Street Beverly R. Everts, 305 E. Fall Street Ricardo Humerez, 904 Dryden Road Jason Fane, 133 N. Quarry Street" "To the Members of Ithaca Common Council: Regrettably a medical appointment prevents me from attending tonight's meeting to speak in favor of expansion of the designation of the East Hill Historic District. Living on East Hill for the past eighteen years, my family and I have had a strong commitment to the City of Ithaca and to what was once the quite cohesive neighborhood of East Hill. I remember years when neighborhood preservation was an issue in which a healthy balance between the student Population and families, keeping green space, and maintaining the integrity and viability of older, historically valuable residences were emphasized. Change is inevitable, and certainly the closing of the East Hill School had a reverberating if not immediate impact on our section of East Hill. But our experience was that the changes in the past few years drastically altered the quality of our lives, with an intrusive increase in traffic and people noises as well as an increase in vandalism. If extending historic designation will preserve at least what is left of the beautiful East Hill structures, it seems a logical step to take. 78 -q- April 6, 1988 We were privileged to live in what was called the Bostwick House at 705 East Buffalo Street for fifteen years. The house itself is a fine example of the Italianate style of architecture, and has many features which are unlikely ever to be reproduced. It seems necessary for there to be community support to help people treat such a place with the veneration is deserves. Sincerely yours, Louise S. Wilcox" PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: East Hill Historic District The following persons spoke in favor of the expansion of the East Hill Historic District: Stuart Stein - 11 Cornell Walk Barclay Jones - 502 "Turner Place, Chair of ILPC Richard Kinner - 112 Parker Street Mary Tomlan - 200 Delaware Avenue David Johnson - 201 Stewart Avenue Barbara Ebert, Executive Director of Historic Ithaca read the following letter to Council: "The Board of Directors of Historic Ithaca, on behalf of the membership of the organization, support the designation of the entire East Hill National Register district as a local historic district. In October 1986, when we first requested that the Ithaca Landmarks Preservation Commission proceed with this nomination, we stated our firm belief 'the buildings deemed worthy of national recognition are of equal or greater local significance,' therefore this district should receive local designation. We reiterate this claim to you, and request your support in this action. The process of having a district placed on the National Register of Historic Places is a rigorous one, and not - -as one might be led to suspect from a recent Ithaca Journal editorial - -a capricious one. There are a limited number of historic districts which have been approved by the National Register, and no district is designated without meeting or exceeding the standards set forth by the New York State and the National Park Service. Quoting from the Historic Resources Survey Manual published in 1972 by the New Yor State Board for Historic Preservation, preservation today 'focuses upon the desire to preserve the evidence of a region's overall historical development... (on) development patterns, ... agricultural settlements, industrial complexes, residential neighborhoods, and commercial districts.' Furthermore, as the owner of the Clinton House, which is in a local historic district, Historic Ithaca would also like to point out that this designation has in no way interfered with our use or development of this building. We have experienced no 'bureaucratic nuisance,' as alleged by the Journal, nor have our property rights been infringed. Historic Ithaca formally requests the support of Common Council in this effort to expand the boundaries of the East I -Jill Historic District to include all of those,buildings which have already been given landmark distinction through their inclusion in the National Register of Historic Places." Ms. Ebert answered questions from Council members. The following person spoke in opposition to the expansion of the East Hill Historic District: Jason Fane, 133 North Quarry Street -5- April 6, 1988 79 Boycott on California Table Grapes The following persons spoke in favor of the boycott on California table grapes: Martin Dunn - 133 Summit Street #13 Barbara Goldman - 198 Buffalo Hill Road, Brooktondale Susan L. Sosnow - 206 Stewart Avenue Ithaca Festival Perri LOPintO, Festival Coordinator and Susan Gould, Assistant Coordinator of the Ithaca Festival, spoke to Council regarding the Festival. The Festival is progressing nicely. They (4ave, presented packets of information to Council members. The Festival is working very closely with the Ithaca Centennial. Citizens to Save Stewart Park Doria Higgins, 2 Hillcrest Drive, read the following statement to Council on the Festival Lands at Cass Park: "We were surprised that the clear, undeniable, hard facts which were presented to you the Council and the Mayor, in our March 7 memorandum concerning the use of the Festival Land as the substitute acreage required for the alienation d' of Inlet Island :end Southwest Parks have made no difference LO to the City administration in its actions concerning the alienation. M Perhaps some of you have not read our statement or not read Q Mr. Nash's March 1 memorandum about the issue, or perhaps some of you simply don't comprehend the practical importance and significance of the facts. It is difficult to believe that if the facts were understood that the City would not change its course of action. The City is following a no -win, dead -end course which is not only wasting the City's own time but the time of everyone involved. We do not think it is an exaggeration to say that the course the City is on could be viewed by some as an outright scam. Tonight we would like to make our March 7 statement part of the record and make some additions to it in tonight's statement. And we would also like to clarify for you the unavoidable importance of some of the facts involved. First, the Act of the New York State Legislature which empowered the City of Ithaca to alienate Inlet Island and Southwest Parks specifically states that the land offered by the City as the obligatory substitute acreage 'must be used for park purposes by the City.' In other words, the City cannot give the Festival Land to the State Parks as it plans to do and still fulfill its obligation to the State of New York because then the Festival Land would not be City land to be used for park purposes by the City but it would be state park land with use determined by the State. Some have argued that it makes no difference if the land is owned by the City or the State as long as it is park land. But it makes a big difference in that State Parks intends to use the land to enlarge Treman Marina. Marina slots or docks are not routinely available to city residents or to anyone, they are allotted by lottery. It could be the case that all of the new docks were won by people in Alaska, people in Alaska that is rich enough to own boats and to travel to Ithaca. The Festival Land which is now available to all in the community, rich and poor alike, would no longer be available to community residents. That is point number one. Point number two is this: there are strong, solid, legal grounds for thinking that the Festival Land is already park land. The courts of our state have established legal precedents that lands publicly used over a period of time as public park land becomes park land by a process known as 'implied dedication.' Mr. Nash's March 1 memorandum in no way at all resolves this question, even though it addresses it. 80 -6- April 6, 1988 If the Festival Land is park land now, it cannot function as the obligatory sustitute acreage. And the City Administration would be taking away from the community not only an inner City park - -Inlet Island Park - -but would also be taking away what is a most charming and delightful piece of City park land -- the Festival Land. In other words, this City Admin- istration, under the pretense of preserving the status quo, would be depriving its citizens of two parks. This would be a most serious breach of the public trust. We understand that the City is in the process of acquiring new park land at Six Mile Creek and we most heartily support this. It is a splendid idea and you are all to be complimented when it is acquired, but it does not mitigate misuse or abuse of City park land elsewhere in the City. Mr. Nash's memorandum cites three of the court decisions which we had listed in our earlier memorandum to the Mayor and Common Council. If you read his memorandum carefully you will note that there is a, perhaps unwitting, sleight of hand effect in his presentation of those three cases. He presents two of them as though he were presenting them as argument that the Festival Land is not park land. But if you read his wording carefully you will see that those cases, even as discussed by him, support the concept of dedication of park land by the implied dedication of long continued use. In fact, we became aware of those three court cases which we passed on to Mr. Nash, in two memoranda - -.one from New York City Parks Depart- ment and the other from NYS Parks Department, and in both of these memoranda the three cases discussed by Mr. Nash were presented as support of the idea that land which has been long used by a community as park land becomes park land. The only one of the three cases discussed by Mr. Nash in which the court decided that the land in question was not park land was the case of Pearlman v. Anderson. The memorandum sent to us by the New York City Parks Department which discusses this same case, says, 'The result may have been different had there been stronger evidence of continuous public use sufficient to constitute an implied dedication.' And this brings us to the new information we would like to add to our March 7 statement. In that statement we alluded to all the many members of the community who think the Festival Land is part of Cass Park and who have continuously over the years used the Festival Land as park land, including the charming yearly Kite Festival which is held on the Festival Land and is advertised in the local media as being held at Cass Park. But we did not mention the important fact that the Festival Land has been maintained over many years by the City Parks maintenance people as well as by the State Parks maintenance crew. Until about 5 or 6 years ago all of the Festival Land was maintained and mowed by the City Park maintenance crew. At that time a large part of the Festival Land was roughed up by bulldozers and was not subsequently mowed by City Parks crews but the rest of the Festival Land continued to be mowed and maintained by City Parks crews until two years ago, when the State Parks put in their new sixth pier: at that time the State maintenance crew took over the task of mowing and maintaining the Festival Land. So this is point number 3: the Festival Land, either in part or in whole, has been main- tained as park land by either City or State Parks maintenance crews over a number of years and this information came from the people who did the work - the men on the work crews. In closing let me say that we are still blessed with open spaces in the City and still surrounded by hills most of which still have more trees and meadows than houses. Perhaps because of this we do not realize how enormously Irt -7- April 6, 1988 important public open space and public park space will increasingly become as the entire area becomes urbanized and suburbanized. Please do not continue to treat our public open spaces and public parks with the disregard you have manifested toward them over the past few years. Let us guard and preserve and maintain our public parks and let us where possible add to this precious inventory of park land, not diminish it." Ms. Higgins referred to a memorandum that was sent to the Mayor and Alderpersons on March 7th regarding the use of the Festival Lands in the alienation of Inlet Island and Southwest Park. Parks Commission Doria Higgins, representing Citizens to Save Stewart Park read the following statement regarding a Parks Commission: "As those of you who have seen our proposed plan for a Parks Commission know we have in general supported the Trowbridge plan for a Parks Commission. But from the beginning we have felt that the suggested composition of members was way overloaded on the side of science and technology. In view of the two tasks proposed in the resolution LD to be presented to you tonight for an interim parks commission, r we think the proposed composition of members is even more (n of a flaw. Q One of the two tasks proposed for the interim commission is to make recommendations to you concerning the organization, procedures, tasks, responsibilities etc. of the permanent commission. For this reason we think it important that you have more informed generalists on the commission and less techni- cians. We think you should appoint more members to the Commission who are familiar with the park as a park, with the park as it functions in the community, with the park as it functions on gala occasions with thousands of people such as the Ithaca Festival and the park as it functions with only a few. You need a higher proportion of members who have a professional understanding of the overall beauty and overall aesthetics of the park. We hope you can modify tonights proposed resolu- tion to accommodate this suggestion. Thank you." Betsy Darli Conservation Advisory Council Chairperson, spoke to U regarding the resolution on an interim Parks Task Force. recommended to Council that they add another expert; a liniiw iogist. Her reason for this recommendation is because many of the suggestions made in the Stewart Parks foals and Guidelines concern changes which are dramatic to the lagoon, Fall Creek and the duck pond. Nis. Darlington stated that there are really two different roles that this Parks Task Force would serve. One is to advise the Department of Public Works with expert advise on changes which a generalist wouldn't know and the other is to help set up the permanent Parks Commission. Perhaps generalist may be better informed regarding the working of City government. Route 96 Charles Weaver, 221 Linn Street, spoke to Council regarding Route 96 and the railroad crossings on the West End. He urged Council to investigate solutions that can be used for the problems with the train crossings and be prepared to act based upon good information properly developed. M • -8- April 6, 1988 Watts Lot - Re- zoning Marc Finkelstein, 304 East State Street, urged Council to table the resolution to re -zone the Watts Lot to R -2b so that the dialogue may continue regarding this property. He also asked Council to start thinking about what they are going to do in terms of zoning with the adjoining sewage treatment plant site. He believes the neighbors would feel a lot more comfortable if they felt there was not going to be dense development on this site. He feels a good solution can be achieved on the Watts Lot that will satisfy the neighborhood, will be reasonable to him as a developer, and that will be a success story as a case study in cooperation rather than conflict. Suggestions for Changes in Public Portion of Common Council Meetings Alan Cohen, 110 Nort Aurora Street, suggested to Council that they consider for future Council meetings setting a time limit on speakers and subject matter. Residential Parking Permit System David Ruether, 1189 East Shore Drive, spoke to Council regarding the resolution on tonight's agenda concerning the Residential Parking Permit System. He is opposed to this resolution. He also spoke to Council about the speed of trains in the West End. He does not believe that speeding up the trains is a good solution. Cable Franchise John Efroymson, 420 North Cayuga Street, spoke to Council regarding the Cable franchise. He asked Council to take another look at the franchise. He is particularly concerned about the compliance issues with regard to the community access channel. Mutual Housing Development Agreement Dennis Wille, 201 Third Street, spoke to Council regarding the Mutual Housing Development agreement. He thanked the members of Council that helped bring the agreement to this point. RESPONSE TO THE PUBLIC: Alderperson Schlat er stated that under the Landmarks Preser- vation law that we presently have, the Commission must meet within 14 days but it need not act on any given request for 45 days and that 45 day period can be extended to 90 days upon good cause. Alderperson Nichols, in response to the question of the Festival Lands, stated that he would like to have a presentation from the Planning and Development Committee in May to clarify why we are doing what we are doing. Alderperson Cummings stated that she would be delighted to honor Alderperson Nichols' request. It is her understanding that alienation is not proceeding ahead at full tilt on an unaltered course but that indeed there are various alternatives being considered. It has been held up pending seasonal changes so that wetland determinations can be made regarding Southwest Park and until that comes about, the committee will not have any additional information to report but the committee can do some procedural updating on the matter. Alderperson Nichols stated that regarding Marc Finkelstein's remarks, he wanted the media to realize, in the report of last months meeting there was an indication that the majority of Council voted to table the motion to re -zone the Watts Lot. It wasn't very clear that in fact there is a majority on Council that has indicated that it would vote to re -zone if it only took a majority vote but in fact it takes an 8 - 2 vote. Council knew that three members would oppose it, therefore, the rest of Council voted to table. 19 -9- April 6, 1988 Alderperson Booth stated that the points about the Festival Lands are well taken and Council needs to look at it very seriously. He stated that regardless of the legalities of the question, there is a very important public policy Question of the whether the City of Ithaca should give up essentially what is now park land. Alderperson Booth stated that on the various comments regarding the Historic District on East Hill, there are some non - conforming buildings in that district and he has placed on the desks of Council members a proposed amendment to the resolution that is on the agenda which he thinks incorporates the findings of the Landmarks Preservation Commission which should be in our resolution. Alderperson Booth referred to the motion he will make regarding lifting off the table and then re- tabling the Watts Lot resolution. He does not perceive that there are 8 votes to pass the re- zoning and the Charter and Ordinance Committee did not feel that Council should bring this up to a vote if there were not Lo 8 votes that appear to be present. d' REPORT OF BOARD OF REPRESENTATIVES: Joint Meeting Between County and City Alderperson Lytel asked about a joint meeting between the M city and county regarding solid waste disposal. Q County Rep. Stein responded that at the Board of Representatives meeting on Tuesday night, there was discussion about a possible joint meetng between the city and the county on ,'Monday, April 18th. REPORT OF CITY BOARDS, COMMISSIONS AND COMMITTEES: Board of Public Works Commissioner Reeves reported on the following: Interim Parks Task Force - The Board of Public Works (400,� has gone over in detail the proposed resolution of Council and there are a couple of changes that the Board respectfully request that Council take into consideration. One is that the interim task force be appointed for a term of one year and second that this task force make recommendations to the Board of Public Works and the Plaiiaing and Development Committee by February 1,1989 for the permanent Parks Commission. The Board is sr:? ;fled with the proposed membership structure of the Into "arks Commission as proposed by the Planning and Develot ,ommittee. Erectic:. Signs by Service Organizatons - Service organizations in the city have requested permission to erect signs at the entrance of the city. The Board has been grappling with the problem as requests increase. The Board and the department is exploring avenues of where to place signs that will not be unsightly but will benefit the service organizations. Unfortunately, at this time, the Board has not met with much success. The Board is comtemplating not having any of the service organizations signs at the entrance to the city because of size problems and space problems. Other suggestions that the Board has had is to be sure that people coming into this area know to contact the Chamber of Commerce for information regarding service organizations and their meeting times and places. Special Clean -up Day, April 16th - On April 16th, there will be a special clean -up day throughout the city. The city crews will be going around on the 16th to pick up the trash. Commissioner Reeves answered questions from Council members. LOIN �M• -10- April 6, 1988 Planning and Development Board Alderperson Killeen reported that the Board is busy developing language for a new commission; Ithaca Rental Housing Commission, which should reach the Planning and Development Committee and possibly Council by May. REPORT OF CITY CLERK: r�� ion of P olling Places person Booth: Seconded by Alderperson Johnson RESOLVED, That the following be and are hereby designated as polling places in the City of Ithaca, New York, for the year 1988: FIRST WARD 1st District Chestnut Street Alternative Community School, former West Hill School 2nd District 800 S. Plain Street Titus Towers Housing 3rd District 626 W. State Street #6 Fire Station 4th District 300 W. Court Street G.I.A.C. Building Sth District Chesnut Street Alternative Community School, former West Hill School SECOND WARD lst District 300 W. Court Street G.I.A.C. Building 2nd District 310 W. Green Street Central Fire Station 3rd District S20 Hudson Street South Hill School 4th District 310 W. Green Street Central Fire Station Sth District 300 W. Court Street G.I.A.C. Building THIRD WARD lst District 309 College Avenue #9 Fire Station 2nd District Cornell Street Belle Sherman Annex 3rd District Cornell Street Belle Sherman Annex FOURTH WARD lst District 635 Stewart Avenue Noyes Center 2nd District 402 E. State Street Challenge Industries 3rd District 309 College Avenue #9 Fire Station FIFTH WARD 1st District 1012 N. Tioga Street #7 Fire Station 2nd District Corner King & Aurora Streets Fall Creek School 3rd District 309 Highland Road First Congregational Church 4th District Corner King & Aurora Streets Fall Creek School Discussion followed on the floor regarding renovations that will be taking place at Central Fire Station. Chief Olmstead will be meeting with the Alderpersons involved to see what can be worked out during renovations. Carried Unanimously CITY ATTORNEY'S REPORT Watts Lot Tabling Motion Alderperson Booth asked City Attorney Nash the procedure for keeping the re- zoning of the Watts Lot before the Council. City Atty. Nash responded that it would be best to lift the resolution from the table then re -table it again. City Atty. Nash will give Council a definitive answer at next month's Council meeting. Cable Franchise Alderperson Schlather asked City. Atty. Nash if he has received a response from Jean Rice on the letter that he wrote her on the cable franchise. City Atty. Nash responded that he spoke with her on Tuesday. They had a discussion on the language as far as opting out of the agreement and what our understandings were and where we could go on that; nothing conclusive. Hopefully, before the May Council meeting, all the appendices and the technical corrections and modifications will be done. D -11- April 6, 1988 85 Alderperson Lytel asked questions about the cable franchise and requested a meeting of the Cable Negotiating Committee. Strand Theatre Alderperson Schlather asked for an update on the Strand Theatre. City Atty. Nash responded that we are basically trying to come up with an appropriate procedure to sell it to satisfy the outstanding monies owed. The last indication that he had from ARC is that they thought they came before the City and County taxes but his understanding from the agreement S years ago is that the taxes came first. Discussion followed on the floor. City Atty. Nash answered (111cs t ions f rom Counci I III embors . 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) Resolution to Lift From Table LO By Alderperson Booth: Seconded by Alderperson Hoffman RESOLVED, That an ordinance to consider amending the zoning map of Chapter 30 entitled 'Zoning' of the City of Ithaca Municipal Code (re- zoning so- called Watts Lot) be lifted from the table. Q Carried Unanimously 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. 25 -3 -1, thence northeasterly a distance of approxir, 264 feet along the south boundary of the right -of -wa Franklin Street to a point on the northeast corner of tax parcel number 2S -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 2S -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 2S -3 -1. (400", 2. That in accordance herewith the City Clerk is.hereby directed to make or cause to be made the necessary changes on said zoning map. SECTION 2. EFFECTIVE DATE This ordinance shall take effect immediately and in accordance with law upon publication of a notice as provided in Section 3.11(B) of the Ithaca City Charter. 86 -12- April 6, 1983 Tabling Resolution By Alderperson Booth: Seconded by Alderperson Romanowski RESOLVED, That the ordinance to consider amending the zoning map of Chapter 30 entitled 'Zoning' of the City of Ithaca Municipal Code (re- zoning so- called Watts Lot) be tabled. Carried Unanimously HUMAN SERVICES COMMITTEE: Boycott of California Table Grapes By Alderperson Peterson: Seconded by Alderperson Nichols WHEREAS, the Ithaca Grape Boycott Committee has requested the support of the City of Ithaca in a nationwide boycott of California table grapes in order to bring grape growers and farm workers to the bargaining table to resolve three (3) major issues, these being; a ban on S specific pesticides, joint United Farm Workers /Growers testing programs for pesticide residue on grapes sold in the stores, and free and fair elections with good faith bargaining, and WHEREAS, numerous senators, congress members, labor councils, city councils, and other organizations, have endorsed the boycott, and WHEREAS, the City of Ithaca, has in the past, gone on record supporting issues of labor, control of pesticide use, and a healthy environment; now, therefore, be it RESOLVED, That this Common Council hereby endorses the Cali- fornia table grape boycott for its duration, and be it further RESOLVED, That the Council strongly urges the removal of all fresh California table grapes from the Ithaca community during the duration of this boycott, and be it further RESOLVED, That no city department shall purchase California table grapes for its programs, i.e., receptions, lunches, or snacks, during the duration of the boycott. Alderperson Peterson gave background information on the resolution. Discussion followed on the floor. Alderperson Romanowski stated for the record that he believes this is an individual decision. If you agree with it by all means support the resolution to boycott. If you agree with it strongly, by all means urge other people to boycott. However, he does not think it is a decision for Common Council. fie doesn't think it is appropriate to endorse what essentially has a political overtone, a labor /management problem. For this reason and this reason alone, he will not support the resolution. Further discussion followed on the floor. Alderperson Booth stated that he wished to clarify that this resolution applies only to city departments and not to functions like the Ithaca Festival where vendors might be selling grapes. A vote on the resolution resulted as follows: Ayes (9) - Schlather, Hoffman, Nichols, Cummings, Lytel, Killeen, Johnson, Peterson, Booth Nay (1) - Romanowski Carried PLANNING AND DEVELOPMENT COMMITTEE: East Hill Local Historic District - Determination of Non- significance By Alderperson Cummings: Seconded by Alderperson Booth WHEREAS, the matter of local designation of the existing East Hill National Register District has been recommended -13- April 6, 1988 87 by the Landmarks Preservation Commission and is currently under consideration by this Common Council, and WHEREAS, appropriate environmental review has been conducted, including the preparation of the Short Environmental Assessment Form (SEAF) and Long Environmental Assessment Form (LEAF), and WHEREAS, it appears that the proposed action action under the State Environmental Quality including the Part 617 regulations thereunde a Type 1 action under the City Environmental Act (E.Q.R. 36.5(B)(5)), and is an "unlisted" Review Act (SEAR), r, and may be Quality Review WHEREAS, it appears that the proposed action will not have a significant effect on the environment, and will protect positive visual qualities that contribute to the architectural and historic character of the East Hill neighborhood; now, therefore, be it RESOLVED, That this Common Council, as lead agency in this LO matter, be and it hereby does adopt as its own the findings I' and conclusions more fully set forth on the attached SEAF LD and LEAF and be it further RESOLVED, That this Common Council, as lead agency, be and m it hereby does determine that the proposed action at issue Q will not have a significant effect on the environment, and that further environmental review is unnecessary under the circumstances, and be it further RESOLVED, That this resolution shall constitute notice of this negative declaration and the City Clerk be and she is hereby directed to file a copy of the same, together with the attachments, in the City Clerk's Office and forward the same to any other parties as required by law. Discussion followed on the floor regarding the Environmental Assessment Forms. Alderperson Schlather requested that in part 2 of the Environ- mental Review, section 18, page 9 under the section Impact on Growth and Character of Community or Neighborhood, the following ? %,nrds under 'other impacts' be added: "Project may result increased housing costs" and the impact would be 'small lerate, considering the neighborhood.' Alderpersol, h requested that in item 3 on page 2, the question, 'Wilt there be an effect on any site designated as a unique natural area or a critical environmental area by a local or state agency ?', for consistency purposes be marked 'yes' because we have historic areas listed in our SEQR Ordinance as critical areas. Then insert the language 'Historic Districts, see item #12.' Alderperson Schlather asked that on page 10, 'B' be checked as opposed to 'A'. No Council members objected to these changes. A vote on the resolution resulted as follows: Carried Unanimously East Hill Local Historic District By Alderperson Cummings: Seconded by Alderperson Booth WHEREAS, the East Hill neighborhood of the city contains the greatest concentration of historically and architecturally significant residential buildings in Ithaca, and M• -14- April 6, 1988 WHEREAS, designation of the East Hill neighborhood as a local historic district will help protect the positive visual dualities that contribute to the unique character of that neighborhood, and WHEREAS, designation of the East Hill neighborhood as a local historic district will help stabilize that neighborhood and will potentially enhance the value of single family homes in that area, and WHEREAS, designation of the East Hill neighborhood as a local historic district will protect the existing character of that neighborhood, provide support for retention of the existing housing supply, and encourage investment and rehabili- tation of the city's older building stock, and WHEREAS, a number of buildings do exist in the East Hill neighborhood that are not historically or architecturally significant but those buildings do not detract significantly from the overall historical and architectural importance of that neighborhood when considered as a whole, and WHEREAS, the architectural and historic significance of the proposed East Hill Local Historic District was recognized by National Register Listing of the area in 1986, and WHEREAS, there presently exist two local historic districts on East Hill, the East Hill Local Historic District, (1976) and the Fountain Place Historic District (1974), and WHEREAS, following the public hearing held on March 14, 1988, the Ithaca Landmarks Preservation Commission unanimously recommended expansion of the area of East Hill local designa- tion to bring the boundaries of the local district into conformance with the boundaries of the existing East Hill National Register District, and WHEREAS, the Planning and Development Board, at the meeting held on March 22, 1988 voted unanimously to recommend local designation finding that the proposed district does not conflict with the master plan, existing zoning, projected public improve- ments and any plans for renewal of the site and area involved; now, therefore, be it RESOLVED, 'That the City of Ithaca Common Council, in accordance with provisions and procedures set forth in the Landmarks Preservation Ordinance approves local designation of the East Hill Historic District, effective April 6, 1988. Alderperson Cummings gave background information on the resolution. Discussion followed on the floor. Alderperson Schlather asked that the procedures used by the Landmarks Preservation Commission be referred to the Charter and Ordinance Committee to be codified so that there will be a guarantee for future generations and property owners. He asked that the Landmarks Preservation Commission assist Charter and Ordinance in the endeavor. Council members agreed. Alderperson Romanowski stated for the record that he has no quarrel with an individual designation of historical properties. The restoration and preservation of our historical past is an important subject to address. His main concern is the intrusion of a bureaucracy into an individual decision. If people who are included in this blanket resolution want to become involved this is an individual decision on their part. To blanket a whole area because there are a great number of historically significant structures is, in his opinion, taking away the individual's rights who do not wish to be included. 19, -15- April 6, 1988 g') Alderperson Romanowski further stated that the Commission we have now is extremely sensitive and hard working. They understand the ramifications of the bureaucracy that can become involved in this. He does not know what is going to happen with future Commissions and this might be a real hang -up for someone wishing to do something in that particular area with private property. Because of the individual intrusion, he cannot support this resolution. A vote on the resolution resulted as follows: Ayes (9) - Hoffman, Killeen, Lytel, Peterson, Booth, (400'e, Schlather, Cummings, Nichols, Johnson Nay (1) - Romanowski Carried Interim Parks Task Force By Alderperson Cummings: Seconded by Alderperson Nichols WHEREAS, the Stewart Park 1987 Preservation Goals and Guide- lines call for the establishment of a city -wide Parks Ln Commission, and d' WHEREAS, the Board of Public Works and Department of Public (� Works have made recommendations regarding the establishment = of a Parks Commission, and m WHEREAS, there are certain tasks in Stewart Park requiring Q immediate attention; now, therefore, be it RESOLVED, That the Mayor is hereby authorized and directed to appoint upon approval of Common Council an Interim Park Task Force for a term of no more than 1 year which is to be composed of five experts in such areas as landscape archi- tecture, limnology, horticulture, historic preservation, hydrological engineering, ornithology, and ecology; two at (woe large representatives, one Department of Public Works staff member and one Board of Public Works member, and be it further RESOLVED, That the Task Force is to serve until a permanent Parks Commission is appointed; and shall be charged with the following: 1) To advise the Department of Public Works in (__.,:Tying out work items specified on pages 17 and I the Stewart Park Preservation Goals and Guide- and in planning for future activities as described is Goals and Guidelines. 2) To maize recommendations to Common Council within six months, if possible, on a permanent Parks Commission for the City of Ithaca -- the recommendations to include membership, terms of office, relationship to existing Boards and departments, powers, tasks, appointment procedures, and other areas as they see fit. Discussion followed on the floor. Amending Resolution By Alderperson Nichols: Seconded by Alderperson Johnson (600.1 RESOLVED, That item #2 of the resolution read as follows: "To make recommendations to the Board of Public Works and the Planning and Development Committee of Common Council by February 1, 1989, on a permanent Parks Commission, etc..." Discussion followed on the floor on the amendment. A vote on the amendment resulted as follows: Carried Unanimously -16- April 6, 1988 90 Discussion on the Main Motion continued on the floor. Amending Resolution By Al erperson Schlather: Seconded by Alderperson Romanowski RESOLVED, That at the end of the first Resolved the following words be added, "Seven of these nine appointees shall reside in the City of Ithaca, and be it further" Discussion followed on the floor on the amendment. A vote on the amendment resulted as follows: Ayes (5) - Schlather, Romanowski, Cummings, Booth, Hoffman Nays (5) - Killeen, Lytel, Peterson, Johnson, Nichols Motion Fails Amending Resolution By Alderperson Nic}iols: Seconded by Alderperson Cummings RESOLVED, That at the end of the first Resolved, the following words be added, "Five of these nine appointees shall reside in the City of Ithaca, and be it further" A vote on the amendment resulted as follows: Ayes (8) - Cummings, Nichols, Peterson, Johnson, Booth, Hoffman, Killeen, Lytel Nays (2) - Romanowski, Schlather Carried Amending Resolution By Alderperson Hoffman: Seconded by Alderperson Booth RESOLVED, That the number of experts in the first Resolved be four, and that the number of at -large representatives be four. A vote on the amendment resulted as follows: Ayes (7) - Lytel, Cummings, Nichols, Booth, Hoffman, Peterson, Johnson Nays (3) - Killeen, Schlather, Romanowski Carried Main Motion as Amended A vote on the Main Motion as amended resulted as follows: Carried Unanimously Recess Common Council recessed at 10:45 p.m. and reconvened in Regular Session at 11:05 p.m. Disposition of Annex and Fire Station #S By Alderperson Cummings: Seconded by Alderperson Killeen WHEREAS, the Common Council of the City of Ithaca by resolution duly adopted at its regular meeting on October 7, 1987, did declare the City Hall Annex at the corner of Cayuga and Green Streets and Fire Station #5 on East State Street as surplus property; and did authorize the Ithaca Urban Renewal Agency and its Executive Director to solicit proposals for the sale of the Annex and Fire Station #S, to evaluate said proposals according to stated criteria of purchase price, proposed reuse and appropriateness of any planned alterations to the exterior of the structures and recommend to Common Council its selection of purchaser for Council's review and action, and WHEREAS, the Ithaca Urban Renewal Agency did duly solicit and evaluate proposals for the sale of the Annex and Fire Station #5 and did recommend the sale of the City Hall Annex -17- April 6, 1988 91 to Charles Schlough for the sum of $215,000.00, according to the terms and conditions of his proposal dated February 1, 1988, and did recommend the sale of Fire Station #S to Harvey Ferdschneider and Anne Trovinger for the sum of $80,000.00, according to the terms and conditions of their proposal dated February 1, 1988, and WHEREAS, the full value of Fire Station #5 is $76,000.00 and the full value of the City Hall Anex is $210,000.00, both values having been determined by appraisals prepared for the City; now, therefore, be it RESOLVED, That the Common Council of the City of Ithaca hereby accepts the recommendations of the Ithaca Urban Renewal Agency and its Executive Director and directs that appropriate notification of the proposed sale of said properties be made in compliance with City Charter Section 3.10(40) so that Common Council can consider actual sale of the City Hall Annex and Fire Station #5 to the persons and upon the conditions as noted at its regular meeting on June 8, 1988. LD Alderperson Cummings gave background information on the resolution and explained the interview process and the criteria for selection of a buyer. Director of Planning and Development Van Cort responded to M questions from Council members. Q Resolution to Table By Alderperson Booth: Seconded by Alderperson Schlather RESOLVED, That the resolution on the disposition of the City Hall Annex and Fire Station #S be tabled to give the Ithaca Urban Renewal Agency time to provide greater justification for the differences in the bid amount. Ayes (3) Schlather, Romanowski, Booth (moo" Nays (7) I,ytel, Hoffman, Killeen, Peterson, Cummings, Nichols, Johnson Motion Defeated Further discussion followed on the floor. Michael Pichel, Attorney for Mr. William Lower, spoke to Council on 1,ehalf of his client and responded to questions from Counci Alderperson )Is wished to clarify for the record that he thinks ti iposals were dealt with fairly and he is prepared to support the resolution. Alderperson Schlather stated that his opposition to this proposal is not a reflection on the quality of the proceedings that preceeded it, but he thinks that as a matter of policy, and a matter of what is good for the city, that the proposal that is being recommended is not the sensible and prudent one. He therefore will not support the resolution. Main Motion A vote on the Main Motion resulted as follows: (44� Ayes (7) - Nichols, Johnson, Cummings, Peterson, Hoffman, L Killeen Nays (3) - Schlather, Romanowski, Booth Carried INHS Mutual Housing Development Agreement Resolution to Lift From Table By Alderperson Cummings: Seconded by Alderperson Schlather RESOLVED, That the resolution on the INHS Mutual Housing Development Agreement be lifted from the table. Carried Unanimously 92 -15- April 6, 1988 WHEREAS, the City of Ithaca and Ithaca Neighborhood Housing Services, Inc. (INNS) have cooperatively engaged in programs to improve housing conditions and housing affordability in the City of Ithaca, and WHEREAS, INNS 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 INNS to further the development of affordable housing, and WHEREAS, INNS 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 explained that the proposal had been sent back to IURA. After lengthy discussion their questions were answered. Discussion followed on the floor. A vote on the resolution resulted as follows: Carried Unanimously BUDGET AND ADMINISTRATION COMMITTEE: Recycling Education Coordinator Travel Funds By Alderperson Schlather: Seconded by Alderperson Hoffman RESOLVED, That this Common Council approves the request of the Recycling Education Coordinator to attend the North American 88 Conference, to be held in Toronto, Ontario, April 27 -29, and be it further RESOLVED, That $48S be transferred to the Recycling Account A8161 -440, cover the necessary expenses. from Account A1990, Contingency, Staff Development, to Carried Unanimously Cass Park Petty Cash By Alderperson Schlather: Seconded by Alderperson Hoffman RESOLVED, That the Cass Park Petty Cash Fund be increased from $200 to $300, as requested by the Acting Youth Bureau Director. Carried Unanimously Bus Operating Assistance By Alderperson Schlather: Seconded by Alderperson Romanowski WHEREAS, the City of Ithaca has submitted a request for a grant of funds to the New York State Department of Transportation and the United States Department of Transportation, pursuant to Section 18 of the Urban Mass Transportation Act of 1964, as amended, for a project to provide operating assistance funds for transportation services within the City of Ithaca and partly in two adjoining municipalities, provided by the City of Ithaca Transit System for fixed route, scheduled, open and available to the general public during the period January 1, 1988 to December 31, 1988 (PIN 3797.20.406); now, therefore, be it i -19- April 6, 1988 RESOLVED, That Mayor John C. Gutenberger be authorized to sign the Agreement between the City of Ithaca and the State of New York for the above named project, and be it further RESOLVED, That Mayor John C. Gutenberger is authorized to act on behalf of the City of Ithaca to progress and complete this above named project. Carried Unanimously Acting Police Chief By Alderperson Schlather: Seconded by Alderperson Romanowski RESOLVED, That this Common Council approve the appointment of Walter Pagliaro as Acting Police Chief, effective March 28, 1988, with a ten percent increase in salary, on top of me his base pay, during the time that he is Acting Police Chief. Carried Unanimously D.P.W. Personnel Roster By Alderperson Schlather: Seconded by Alderperson Booth RESOLVED, That the 1988 Authorized Personnel Roster of the Department of Public Works be amended as follows: Lo Add - one Senior Typist Position - 40 hours - one Working Supervisor Position - 40 hours Delete - one Senior Stenographer Position - 35 hours - one Working Supervisor Position - Part Time (o Carried Unanimously d File Cabinet For Alderpersons By Alderperson Schlather: Seconded by Alderperson Johnson RESOLVED, That one legal size, five - drawer file cabinet be purchased for use by all Alderpersons, at a cost not to exceed $100. Amending Resolution By Alderperson Nichols: Seconded by Alderperson Hoffman RESOLVED, That the amount for the filing cabinet be changed from $100. to $200. Discussion followed on the floor. A vote on the amendment resulted as follows: Ayes (6) - Killeen, Lytel, Nichols, Johnson, Booth, Hoffman Nays + Cummings, Peterson, Schlather, Romanowski Carried Main Motion Amended A vote on the Main Motion as Amended resulted as follows: Ayes (6) - Killeen, Lytel, Nichols, Johnson, Booth, Hoffman Nays (4) - Cummings, Peterson, Schlather, Romanowski Carried Audit By Alderperson Schlather: Seconded by Alderperson Killeen RESOLVED, That the bills presented, as listed on Audit Abstract #6/1988, in the total amount of $31,045.71, be approved for (6woel payment. Carried Unanimously Assessment Roll Correction By Alderperson Schlather: Seconded by Alderperson Killeen WHEREAS, the 1988 Tax Roll for the City of Ithaca included property known as Tax Map Number 64 -2 -31, owned by Student Agencies Property, Inc., and 93 94 -20- April 6, 1988 WHEREAS, pursuant to Section SS4 (sub.4A), of the Real Property Tax Law, the Director of Assessments has investigated an application for the correction of an error in essential fact filed by Student Agencies Property, Inc., and WHEREAS, said investigation revealed that the building was demolished prior to March 1, 1987, and WHEREAS, the Director of Assessments recommends that the assessed value be reduced from $125,600 to $30,500; now, therefore, be it RESOLVED, That the 1988 Tax Roll for the City of Ithaca be Number 64 -2 -31 amended to reduce the assessment of Tax Map from $125,600 to $30,500, and be it further RESOLVED, That the City Chamberlain 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 Finance Department Principal Account Clerk By Alderperson Schlather: Seconded by Alderperson Killeen WHEREAS, the Finance Department has reviewed and updated the job description of the position of one Senior Account Clerk, and WHEREAS, the Civil Service Commission has been requested to review and approve the Position Duty Statement to be appro- priate for the title of Principal Account Clerk (Payroll), and WHEREAS, Ms. Roxie Hubbard, the incumbent Senior Account Clerk has passed the required Civil Service testing and is qualified to fill the position of Principal Account Clerk (payroll); now, therefore, be it RESOLVED, That the position of one Senior Account Clerk in the Finance Department be designated as Principal Account Clerk (Payroll), and be it further RESOLVED, That Ms. Roxie Hubbard be promoted to the title of Principal Account Clerk (Payroll), with an annual salary of $16,920, that being Step 10 on the 1987 C.S.E.A.- Adminis- trative Unit Contract, effective April 11, 1988, subject to approval by the Civil Service Commission of the Position Duty Statement. Carried Unanimously Cass Park Pool By Alderperson Schlather: Seconded by Alderperson Johnson RESOLVED, That this Common Council approves the request of the Acting Youth Bureau Director for equipment and personnel needed as a result of New York State Mandated Regulations governing the operation of a swimming pool, and be it further RESOLVED, That $6,935 be transferred from Account A1990, Contingency, to the Youth Bureau Account A7310 -120, Seasonal Labor, for $5,490, and A7310 -225, Other Equipment, for $1,465, and be it further RESOLVED, That the City Attorney review the State Mandated Regulations and appeal process prior to transfer of these funds. Youth Bureau Personnel Roster By Alderperson Schlather: Seconded by Alderperson Killeen RESOLVED, That the 1988 Authorized Personnel Roster of the Youth Bureau be amended as follows: RESOLVED, i amount not to exceed $2,000 be transferred within the Anel Department Budget from Account A1430 -430, Fees for Prot..,ional Services, to Account A1430 -210, Office Equipment. Carried Unanimously Labor Negotiator Agreement By Alderperson Schlather: Seconded by Alderperson Hoffman RESOLVED, That the Agreement between the City of Ithaca and William Stratton, for professional services in the field of labor negotiations (Chief Officer's Association), arbitration and other assistance, be approved for the period June 1, 1988 to December 31, 1988, at a cost not to excced $2,500, and be it further RESOLVED, That the Mayor and City Clerk be authorized to sign such Agreement on behalf of the City, subject to review by the City Attorney as to form and content. Carried Unanimously 95 -21- April 6, 1988 Add - one Administrative Assistant Position (Financial Management) - 35 Hours - one Senior Stenographer Position - 35 Hours - one Assistant Recreation Supervisor Position - 40 Hours Delete - one Administrative Secretary Position - 35 Hours - one Principal Account Clerk Position - 35 Hours one Recreation Leader Position - 40 Hours and be it further RESOLVED, That the Assistant Recreation Supervisor Position be added to the 1988 C.S.E.A. - Administrative Unit Compensation Plan, at $16,101 - $21,188, and be it further RESOLVED, That the Administrative Assistant Position be added to the 1988 C.E.S.A. - Administrative Unit Compensation Plan, at $13,574 - $17,863. Carried Unanimously Cliff Street Rehabilitation By Alderperson Schlather: Seconded by Alderperson Romanowski WHEREAS, a preliminary plan for the rehabilitation of Cliff LO Street has been presented and accepted by the Board of Public d- Works, and LD T WHEREAS, funding for this project was approved and placed in Restrictive Contingency in the 1988 Budget; now, therefore, M be it Q RESOLVED, That this Common Council approves the release of $150,000 from Account A1990, Contingency, and that $100,000 be transferred to Highway Account A5111 -487, Machine Paving, and $50,000 to A5111 -488, Gravel Basing, and be it further RESOLVED, That the question of sidewalk charges to abutting property owners be referred to the Charter and Ordinance Committee. Carried Unanimously Personnel Department Equipment By Alderperson Schlather: Seconded by Alderperson Killeen RESOLVED, That the 1988 Authorized Equipment List of the Personnel Department be amended to include the purchase of an Olivetti Secretarial Work Station, at a cost not to exceed $2,000, as requested by the Personnel Administrator, and be it furt h..- - RESOLVED, i amount not to exceed $2,000 be transferred within the Anel Department Budget from Account A1430 -430, Fees for Prot..,ional Services, to Account A1430 -210, Office Equipment. Carried Unanimously Labor Negotiator Agreement By Alderperson Schlather: Seconded by Alderperson Hoffman RESOLVED, That the Agreement between the City of Ithaca and William Stratton, for professional services in the field of labor negotiations (Chief Officer's Association), arbitration and other assistance, be approved for the period June 1, 1988 to December 31, 1988, at a cost not to excced $2,500, and be it further RESOLVED, That the Mayor and City Clerk be authorized to sign such Agreement on behalf of the City, subject to review by the City Attorney as to form and content. Carried Unanimously 95 9 E► -22- April 6, 1988 Water Capital Project By Alderperson Schlather: Seconded by Alderperson Nichols RESOLVED, That this Common Council hereby establishes a Capital Project, to be known as "Water Supply System Improvements ", at a cost of $1,000,000, as requested by the City Engineer. Carried Unanimously Tompkins County Dispatch Operations By Alderperson Schlather: Seconded by Alderperson Killeen RESOLVED, That this Common Council reaffirms its commitment to provide space and utilities for the operation of the County- wide Emergency Control Center at Central Fire Station. Carried Unanimously Cable Franchise Agreement Public Hearing By Alderperson Schlather: Seconded by Alderperson Romanowski RESOLVED, That the City Clerk be authorized and directed to advertise for a Public Hearing on the proposed Cable Franchise Agreement to be held by Common Council on May 4, 1988, at 7:00 p.m., in the Common Council Chambers, 108 East Green Street, Ithaca, New York. Discussion followed on the floor. Council members asked that Attorney Nash provide a summary of the Agreement for the public. Alderperson Lytel asked that the Council be invited to meet with the Cable Negotiating 'Team in the next few weeks to try and iron out any problems with the franchise. It was further suggested that per s.the public c-puhd be invited to that meeting for their input. A vote on the resolution resulted as follows: Carried Unanimously C.S.E.A. Administrative Unit Agreement By Alderperson Schlather: Seconded by Alderperson Killeen RESOLVED, That the Agreement between the City of Ithaca and the Ithaca Unit of the Civil Service Employees Association, Inc. - Administrative Unit, for a new two -year contract, commencing January 1, 1988 and expiring December 31, 1989, 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 C.S.E.A. D.P.W. Agreement By Alderperson Schlather: Seconded by Alderperson Killeen RESOLVED, That the Agreement between the City of Ithaca and the Ithaca Unit of the Civil Service Employees Association, Inc.- D.P.W. Unit, for a new three -year contract, commencing January 1, 1988 and expiring December 31, 1990, 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 Paid Firefighter's Association Agreement By Alderperson Schlather: Seconded by Alderperson Johnson RESOLVED, That the Agreement between the City of Ithaca and the Paid Firefighter's Association, Local 737, for a new two -year contract, commencing January 1, 1988 and expiring December 31, 1989, 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 O -23- April 6, 1988 Employees Not Covered by Contract By Alderperson Schlather: Seconded by Alderperson Romanowski RESOLVED, That all City employees not covered by a formal contract, excluding positions designated as management, be granted increases and fringe benefits in accordance with the following: Positions designated as confidential and the unrepresented titles of Administrative Assistant to the Mayor, Administrative Secretaries, Golf Course Manager, Ithaca Activities Cultural Coordinator, Senior Stenographer (Personnel Office) and the Confidential Secretary to the City Attorney shall be treated as if they were members of the C.S.E.A. - Administrative Unit. Carried Unanimously Carried Unanimously Youth Bureau Administrative Assistant By Alderperc�!, Schlather: Seconded by Alderperson Killeen RESOLVED, )bin Meskimen be provisionally appointed to the pos. f Administrative Assistant - Financial Manage- ment, with :ry of $15,880, that being Step 5 on the 1988 C.S.E.1_ administrative Unit Compensation Plan, effective April 11, 1988. Carried Unanimously Police Department Senior Account Clerk Typist By Alderperson Schlather: Seconded by Alderperson Romanowski RESOLVED, That Karen Fowler be appointed to the position of Senior Account Clerk Typist in the Police Department, with a salary of $14,192, that being Step 3 on the 1988 C.S.E.A. Administrative Unit Compensation Plan, effective April 11, 1988. PLANNING AND DEVELOPMENT COMMITTEE: Carried Unanimously (400", Labor Coordinator Proposal By Alderperson Cummings: Seconded by Alderperson Killeen WHEREAS, the City of Ithaca has set aside funds in its 1988 budget to contract for the services of a Labor Coordinator, and WHEREAS, the Tompkins - Cortland Labor Coalition has submitted a proposal which specifies the proposed duties and qualifications for the Labor Coordinator. and 9'7 Management Employee Compensation By Alderperson Schlather: Seconded by Alderperson Hoffman RESOLVED, That management employees not covered by a formal contract, including the City Attorney, Assistant City Attorney (n and City Prosecutor, be granted a 51% increase across the I. board over their 1987 salary for the year 1988, effective LD with the first pay period of 1988. Carried Unanimously Executive Association Representation Q By Alderperson Schlather: Seconded by Alderperson Hoffman RESOLVED, That the position of Deputy Building Commissioner be added to the Executive Compensation Plan at Grade 2 ($28,970 - $36,569) and be afforded all the rights and privi- leges of representation by the City Executive Association. Carried Unanimously Executive Association Representation By Alderperson Schlather: Seconded by Alderperson Hoffman RESOLVED, That the position of Chief Water Treatment Plant Operator (Type IA Plant) be added to the Executive Compensa- tion Plan at Grade 1 ($26,937 - $32,833) and be afforded all the rights and privileges of representation by the City Executive Association. Carried Unanimously Youth Bureau Administrative Assistant By Alderperc�!, Schlather: Seconded by Alderperson Killeen RESOLVED, )bin Meskimen be provisionally appointed to the pos. f Administrative Assistant - Financial Manage- ment, with :ry of $15,880, that being Step 5 on the 1988 C.S.E.1_ administrative Unit Compensation Plan, effective April 11, 1988. Carried Unanimously Police Department Senior Account Clerk Typist By Alderperson Schlather: Seconded by Alderperson Romanowski RESOLVED, That Karen Fowler be appointed to the position of Senior Account Clerk Typist in the Police Department, with a salary of $14,192, that being Step 3 on the 1988 C.S.E.A. Administrative Unit Compensation Plan, effective April 11, 1988. PLANNING AND DEVELOPMENT COMMITTEE: Carried Unanimously (400", Labor Coordinator Proposal By Alderperson Cummings: Seconded by Alderperson Killeen WHEREAS, the City of Ithaca has set aside funds in its 1988 budget to contract for the services of a Labor Coordinator, and WHEREAS, the Tompkins - Cortland Labor Coalition has submitted a proposal which specifies the proposed duties and qualifications for the Labor Coordinator. and 9'7 tiR -24- April 6, 1988 WHEREAS, the Tompkins- Cortland Labor Coalition has offered to hire and supervise the Labor Coordinator; now, therefore, be it RESOLVED, That the City of Ithaca does hereby accept the proposal (attached to Minute Book) for the position of Labor Coorindator Services that has been submitted by the Tompkins - Cortland Labor Coalition, and be it further RESOLVED, That the Mayor is hereby authorized and directed to enter into a contract with the Tompkins - Cortland Labor Coalition to hire and supervise the Labor Coordinator in accordance with the terms of the proposal submitted by the Labor Coalition. Discussion followed on the floor. Amending Resolution By Alderperson Booth: Seconded by Alderperson Killeen RESOLVED, That the third objective and the tasks that go with it be striken. Ayes (4) - Schlather, Romanowski, Booth, Hoffman Nays (6) - Nichols, Johnson, Peterson, Cummings, Lytel, Killeen Motion Defeated Main Motion A vote on the Main Motion resulted as follows: Ayes (7) - Nichols, Johnson, Hoffman, Peterson, Lytel, Killeen, Cummings Nays (3) - Schlather, Booth, Romanowski Carried Cherry Street Industrial Park, Final Lease Approval, Precision Filters By Alderperson Cummings: Seconded by Alderperson Killeen WHEREAS, pursuant to Section 1(b) of the Urban Renewal Land Disposition Procedure, the Ithaca Urban Renewal Agency has followed an accepted method of solicitation of sponsors for tenancy in the Cherry Street Industrial Park, and WHEREAS, the qualifications of respondents have been examined pursuant to Section 1(c) of said procedure, and WHEREAS, the Cherry Street to encourage the retention industries, and Industrial Park was developed and expansion of local area WHEREAS, Precision Filters, Inc. is at present a tenant of the Cherry Street Industrial Park and desires to acquire an additional parcel of 2.0 +1- acres on the east side of the park to accommodate its expansion needs, and WHEREAS, said 2.0 +/- acre parcel shall replace the +/ -.8 acre parcel approved by Common Council for lease to Precision Filters on May 1, 1985, with said +/.8 acre parcel made available for lease to another firm, and WHEREAS, the Ithaca Urban Renewal Agency and Common Council have reviewed the terms of the proposed lease /sale agreement; now, therefore, be it RESOLVED, That Common Council does hereby concur with the designation of Precision Filters as a qualified sponsor for an additional 2.0 +1- acres in the Cherry Street Industrial Park and does accept the terms of the proposed lease /sale agreement, and be it further I WE -2S- April 6, 1988 99 RESOLVED, That this disposition is in accordance with applicable state law and with the city's Urban Renewal Land Disposition Procedure, and in accordance with the terms specified is in furtherance of the Urban Renewal Plan and in the best interest of the City of Ithaca, and be it further RESOLVED, That the Mayor be and hereby is authorized and directed, upon advice of the City Attorney to execute for the City of Ithaca any and all instruments necessary for the effectuation of this land disposition. Discussion followed on the floor. A vote on the resolution resulted as follows: Ayes (8) - Schlather, Romanowski, Cummings, Lytel, Hoffman, Peterson, Johnson, Killeen Nays (2) - Booth, Nichols Carried Cherry Street Industrial Park, Final Lease Approval, Vector L0 Magnetics I. By Alderperson Cummings: Seconded by Alderperson Killeen LD WHEREAS, pursuant to Section 1(b) of the Urban Renewal Land Disposition Procedure, the Ithaca Urban Renewal Agency has followed an accepted method of solicitation of sponsors for (� tenancy in the Cherry Street Industrial Park, and Q WHEREAS, the Ithaca Urban Renewal Agency has examined the qualifications of respondents and evaluated their responses per Section 1(c) of said procedure, and WHEREAS, the Urban Renewal Agency has establised the eligibility of Vector Magnetics for tenancy in the Park and has designated them a preferred sponsor, and WHEREAS, The Agency and Planning and Development Committee has reviewed the terms of the proposed lease /sale agreement; now,. there Fore, be it RESOLVED, That Common Council does hereby concur with the designation of Vector Magnetics as a qualified sponsor for +/ -.8 acres in the Cherry Street Industrial Park, and gives final approval to the terms of the proposed lease /sale agree- ment, and be it further RESOLVED, That this disposition is in accordance with applicable state law and with the City's Urban Renewal Land Disposition Procedure, and in accordance with the terms specified, is in furtherance of the Urban Renewal Plan and is in the best interest of the City of Ithaca, and be it further (600" RESOLVED, That the Mayor be and hereby is authorized and directed, upon advice of the City Attorney and Director of Planning and Development, to execute for the City of Ithaca any and all instruments necessary for effectuation of this land disposition. Discussion followed on the floor. A vote on the resolution resulted as follows: WHEREAS, the Cherry Street Industrial Park was developed to encourage the retention and expansion of local area indus- tries, and WHEREAS, Vector Magnatics, Inc. desires to acquire a parcel of +/ -.8 acres on the west side of the park to accommodate its expansion needs, and WHEREAS, the Urban Renewal Agency has establised the eligibility of Vector Magnetics for tenancy in the Park and has designated them a preferred sponsor, and WHEREAS, The Agency and Planning and Development Committee has reviewed the terms of the proposed lease /sale agreement; now,. there Fore, be it RESOLVED, That Common Council does hereby concur with the designation of Vector Magnetics as a qualified sponsor for +/ -.8 acres in the Cherry Street Industrial Park, and gives final approval to the terms of the proposed lease /sale agree- ment, and be it further RESOLVED, That this disposition is in accordance with applicable state law and with the City's Urban Renewal Land Disposition Procedure, and in accordance with the terms specified, is in furtherance of the Urban Renewal Plan and is in the best interest of the City of Ithaca, and be it further (600" RESOLVED, That the Mayor be and hereby is authorized and directed, upon advice of the City Attorney and Director of Planning and Development, to execute for the City of Ithaca any and all instruments necessary for effectuation of this land disposition. Discussion followed on the floor. A vote on the resolution resulted as follows: -26- April 6, 1988 100 Ayes (9) - Booth, Schlather, Killeen, Peterson, Lytel, Hoffman, Cummings, Romanowski, Johnson Nay (1) - Nichols Carried Residential Parking Permit System Enabling Legislation, Home Rule Message By Alderperson Cummings: Seconded by Alderperson Johnson WHEREAS, The Common Council of the City of Ithaca has determined that the implementation of a Residential Parking Permit System is an important step toward the resolution of parking and traffic congestion problems in the City of Ithaca, and WHEREAS, the Common Council has authorized the preparation and submission of proposed legislation that will give the City of Ithaca the authority to implement a Residential Parking Permit System, and WHEREAS, a bill to provide for the implementation of a Residential Parking Permit System has been drafted by the Planning and Development staff and the City Attorney, and WHEREAS, said bills has been introduced in the Assembly and in the Senate; now, therefore, be it RESOLVED, That Common Council does hereby affirm its approval and support for State Assembly Bill Number A3976 and State Senate Bill Number S2923, and be it further RESOLVED, That Common Council does hereby request the approval of said bills by the New York State Legislature, and be it further RESOLVED, That the Mayor and City Clerk are authorized to prepare and forward the necessary Home Rule Message to the Legislature. Discussion followed on the floor. A vote on the resolution resulted as follows: Ayes (9) - Romanowski, Lytel, Hoffman, Peterson, Nay (1) - Nichols Killeen, Cummings, Schlather, Johnson, Booth Carried Alderperson Nichols remarked for the record that he voted against the resolution as he has seen no practical plan that would work in the East Hill area. Hydropower Commission Membership Appointment to Commission By Alderperson Hoffman: Seconded by Alderperson Cummings RESOLVED, That Theresa Araneo and James P. Dennis be appointed as Community -At -Large members to the Hydropower Commission, as recommended by the Chairperson of the Planning and Development Committee. Discussion followed on the floor regarding the Hydropower Commission and the goals of this commission. A vote on the resolution resulted as follows: Carried Unanimously CHARTER AND ORDINANCE COMMITTEE: Environmental Assessment for Front Yard Parking Regulations By Alderperson Booth: Seconded by Alderperson Schlather WHEREAS, the matter of amending the Zoning Ordinance so as to change the regulations for front yard parking are currently under consideration by this Common Council, and -27- April 6, 1988 101 WHEREAS, appropriate environmental review has been conducted, including the preparation of a Short Environmental Assessment Form (SEAF) and Long Environmental Assessment Form (LEAF), and WHEREAS, it appears that the proposed action is an "unlisted" action under the State Environmental Qaulity Review Act (SEAR), including the Part 617 regulations thereunder, and may be a Type 1 action under the City Environmental Quality Review Act (E.Q.R. §36.5(B)(S)), and WHEREAS, it appears that the proposed action will not have a significant effect on the environment, and will promote better control of parking in the front yards of residences and businesses, now, therefore, be it RESOLVED, That this Common Council, as lead agency in this matter, be and it hereby does adopt as its own the findings and conclusions more fully set forth on the SEAF and LEAF, and be it further (O RESOLVED, That this Common Council, as lead agency, be and NT it hereby does determine that the proposed action at issue LO will not have a significant effect on the environment, and that further environmental review is unnecessary under the circumstances, and be it further m Q RESOLVED, That this resolution shall constitute notice of this negative declaration and the City Clerk be and she is hereby directed to file a copy of the same, together with the attachments, in the City Clerk's Office and forward the same to any other parties as required by law. Carried Unanimously Front Yard Parking Regulations By Alderperson Booth: Seconded by Alderperson Schlather WHEREAS, the Common Council of the City of Ithaca desires to maintain the aesthetic quality of residential neighborhoods while at the same time providing for the development of adequate off - street parking areas, and WHEREAS, existing off - street parking conditions in parts of the City of Ithaca demand that the design of off- street parking areas be better regulated, and WHEREAS, t' the City' design stai . now, therefore, RESOLVED, That nance number 88 in front yards. ter and Ordinance Committee has evaluated For off - street parking, examined different And heard comments from concerned citizens; be it this Common Council does hereby approve ordi- amending regulations governing parking ORDINANCE NO. 88 - AN ORDINANCE AMENDING PARAGRAPH A(S) OF SECTION 30.37 OF CHAPTER 30 ENTITLED 'ZONING' OF THE CITY OF ITHACA MUNICIPAL CODE. (Woel BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, New York, as follows: SECTION 1. AMENDING PARAGRAPH A(S) OF SECTION 30.37. 1. That Paragraph A(S) of Section 30.37 is hereby amended to delete the existing language and diagram of Paragraph A(S) and to add the following new language and diagram to read and provide as follows: 1.0 2 -28- April 6, 1988 "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 drive- ways leading to garages and parking areas. d. All parking areas, incuding 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 cuts shall be made unless a permit has first been obtained from the City Clerk after approval by the City Engineer. 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 in accordance with law upon publication of a notice as provided in Section 3.11(B) of the Ithaca City Charter. Carried Unanimously * SEE NEXT PAGE FOR DIAGRAM (PARKING IN FRONT YARDS) -29- I � j I - I I � I � Lf) 2 I (� i i i i I I I a I I IN ALL RESIDENT_IA_L- -- - DISTRICTS IF LOT WIDTH IS 50 FEET OR LESS, PARKING IN FRONT YARD PERMITTED ONLY IN A DRIVEWAY NOT MORE THAN 12 FEET WIDE. SEE SECTION 30.37 (A) (S) (b) . April 6, 1988 103 NO PARKING PARALLEL TO THE STREET PERMITTED WITHIN 5 FEET OF SIDE- WALK EDGE OR 10 FEET OF STREET EDGE. IN ALL RESIDENTIAL DISTRICTS IF LOT WIDTH IS GREATER THAN 50 FEET, PARKING IN FRONT YARD MAY NOT COVER MORE THAN 2S% OF THE TOTAL AREA OF THE FRONT YARD. SEE SECTION 30.37(A)(5)(c). ILLUSTRATION XVII PARKING IN FRONT YARDS 104 -30- April 6, 1988 An Ordinance Regulating Smoking in Public Places and Work Places Alderperson Booth reported that bills have been introduced in both Houses of Legislature dealing with smoking. They do not agree with each other and there are some significant differences. It is not clear if the State Legislature will reach closure on this issue this year. Alderperson Booth stated that the City's schedule is to hold a public meeting in May regarding the issue. Non -Park Uses of City Park Lands Alderperson Booth stated that the Charter and Ordinance Committee has asked the Board of Public Works to prepare a listing of non -park uses of city park land and the committee will be reporting back to Council on that matter. Rules of Procedure Governing the Mayor's Appointments to Any Office, Board, Commission, or Committee for Which Common Council Approval is Required By Alderperson Booth: Seconded by Alderperson Nichols RESOLVED, That the procedure for making appointments to any office, board, commission, or committee for which the approval of the Common Council is required or sought shall be as follows: 1. The Mayor shall give written notice of the proposed appointment to the members of the Common Council at least seven (7) days in advance of the Council meeting at which Council action is requested. 2. The written notice shall include reasonably sufficient information about the nominee to justify the proposed appointment. 3. If procedures (1) and (2) above are not followed, the objection of any one Council member, who shall not be required to offer any reason or explanation for the objection, shall cause the proposed appoint- ment to be tabled until the next meeting of the Common Council. 4. Upon the unanimous consent of the entire Common Council, the procedure specified in 1, 2, and 3 above may be waived in any particular instance. Discussion followed on the floor. A vote on the resolution resulted as follows: Carried Unanimously Rules of Procedure Governing Common Council Meetings By Alderperson Booth: Seconded by Alderperson Nichols RESOLVED, That the regular meetings of Common Council shall recess at 11:30 p.m. until 7:30 p.m. of the following day. At any time after 11:15 p.m. a motion to extend the time for recess shall be in order. Such a motion must specify the new time for recess. Discussion followed on the floor. Amending Resolution By Alderperson Lytel: Seconded by Alderperson RESOLVED, That the recess time be changed from to 12:00 midnight and the time for a motion to time be changed from 11:15 to 11:45 p.m. Ayes (6) - Lytel, Nichols, Booth, Killeen, Nays (4) - Schlather, Johnson, Cummings, P Hoffman 11:30 p.m. extend the recess Hoffman, Romanowski eterson Carried -31- April 6, 1988 105 Amending Resolution By Alderperson Romanowski: Seconded by Alderperson Killeen RESOLVED, That the starting time for Common Council meetings be changed from 7:30 p.m. to 7:00 p.m. Carried Unanimously Main Motion as Amended A vote on the Main Motion as Amended resulted as follows: Ayes (S) - Nichols, Booth, Killeen, Peterson, Hoffman Nays (S) - Schlather, Romanowski, Johnson, Lytel, Cummings Ce Mayor Gutenberger voted Aye, breaking the tie. Carried Designation of Official Meeting Dates for Common Council - Resolution in Anticipation of Formal Proposal for Common Council Consideration at its May 1988 Meeting By Alderperson Schlather: Seconded by Alderperson Johnson RESOLVED, That the official meetings of Common Council shall be held on the first Wednesday and the following Thursday of each month, and the City Clerk, in consultation with the Ln Mayor, shall divide the business of Common Council into two I- agendas of approximately equal length, combining subject LO matters where appropriate. Discussion followed on the floor. m < A vote on the resolution resulted as follows: Ayes (4) - Schlather, Cummings, Killeen, Johnson Nays (6) - Booth, Nichols, Peterson, Hoffman, Lytel, Romanowski Motion Defeated HUMAN SERVICES COMMITTEE: Criteria for Funding for Agencies Other Than Human Services (600" By Alderperson Peterson: Seconded by Alderperson Booth WHEREAS, the City of Ithaca has in the past appropriated funds to private agencies for cultural enrichment, economic promotion, and other purposes aside from human services, and WHEREAS, the Common Council intends that all such requests be subject to a standardized review process; now, therefore, be it RESOLVED, T review committee consisting of three Common Council mc: ppointed by the Mayor and assisted by the staff of ti ning Department and Finance Department, be establish,-Li i review all private 1989 requests for non - mandated City funding that are not subject to Human Services Coalition review, and be it further RESOLVED, That the following requirement and criteria shall be applied to all such requests: Requirements 1. All applications for 1989 funding must be submitted in writing to the City Controller by May 29, 1988. 2. An application may be reviewed either through the Human Services coalition review for human services proposals, or through the process described here for other proposals; but not both. 3. Each application must include a statement that explains how the activity proposed for City funding will benefit the social, cultural, economic and /or environmental well- being of City residents, in terms as specific as possible: what groups will be served; how many people will be benefited; what will be the duration of the benefit. 106 -32- April 6, 1988 4. If more than So of those served by the proposed activity are not City residents, the applicant must also request funding from the County and /or appropriate towns. S. Each application must include: budgets for 1988 and 1989; financial reports from 1986 and 1987; enumeration of other funding sources. Criteria The review committee shall award points for the degree to which the proposed use of City funds meets each of the following criteria. If the applicant does not supply suffi- cient information for the committee to make a judgment, the proposal shall receive zero points in each such case. 1. The proposed activity will benefit the social, cultural, economic and /or environmental well -being of residents of the City of Ithaca. 1 - 10 points 2. The proposal will serve City residents in proportion to City funding requested compared to the total program budget. 1 - 5 points 3. The proposal will serve an identified need and does not duplicate another service, with higher points allocated in proportion to the extent of the need in the City. 1 -S points 4. The proposal is designed to effectively meet the needs of those to be benefited; and the proposal includes measur- able objectives. 1 - 5 points S. The applicant demonstrates sound management practices. 1 - S points. 6. The proposed activity will especially benefit a population in financial need (i.e., below federal poverty guidelines) or the handicapped. 1 - 5 oints P 7. The proposal will produce a long -term benefit (e.g., one that is physically permanent). 1 - 5 points 8. The funding requested of the County shall be at least twice as great as the City request, and be it further RESOLVED, That the review committee shall, by August 15, 1988 recommend to the Human Services Committee of Common Council whether each request should be funded, in part or in full, and shall inform the applicants of its recommendations, and be it further RESOLVED, That the Human Services Committee shall make its own recommendations to the Mayor for consideration in the 1989 budget by September 1, 1988. Discussion followed on the floor. A vote on the resolution resulted as follows: Ayes (9) - Booth, Nichols, Johnson, Lytel, Schlather, Hoffman, Peterson, Romanowski, Killeen Nay (1) - Cummings Carried Mayor Gutenberger asked for three volunteers from Common Council to serve on the committee to review all private 1989 requests for non- mandated City funding that are not subject to Human Services review. The Committee members will be Alderpersons Schlather, Nichols, and Johnson. -33- April 6, 1988 107 Homelessness Report Alderperson Peterson reported that the emergency shelter will remain open until April 22nd. There is information being given out to the homeless on how to find food and other services. The needs assessment program is proceeding. Southside Community Center Alderperson Peterson reported that there was a 45 minute presentation to the Human Services Committee on the programs being offered at the Southside Community Center. It was suggested that a long -range plan of facility upgrade be developed by the Board. INTERGOVERNMENTAL RELATIONS COMMITTEE: Mayor Gutenberger reported that they have started the process of doing the master planning for youth services county -wide. REPORT OF SPECIAL COMMITTEES AND COUNCIL LIAISONS: New Fire Stations Committee Alderperson Killeen reported that in order to aid communication and build consensus on cost - sharing, he, Alderperson Romanowski, LO with Chief Olmstead will brief the Town of Ithaca Board, at Iq their April 11th meeting on proposed IFD personnel increases, LD and equipment acquisition and replacement. The Town Board will be invited to the April 28th Budget and Administration Committee meeting where this topic will be deliberated. M Q Senior Citizens Council Alderperson Filleen reported that the Senior Citizens Council will hold tl,,.ir annual meeting on May 4th at 2 - 4 p.m. featuring a talk by orne of Ithaca's finest, Bill Cornell on "Is It Safe to Walk on Ithaca's Streets ?" ADJOURNMENT: On a motion the meeting adjourned at 1:4S a.m. Callista F City Clerk Paolangeli 14 March 7, 1988 2 Hillcrest Drive Ithaca, N.Y. 14850 The Honorable John C. Gutenberger and Members of Common Council City Hall Ithaca, N.Y. 14850 Dear Mr. Mayor and Aldermen; Attached is a statement by Citizens to Save Stewart Park about the use of the Festival Lands in the alienation of Inlet Island and Southwest Parks. We hope this statement can be useful to you in dealing with this problem. cc Blumenthal, Chair P &D Board Jones, P &D Dept Darlington, Chair CAC Nash, City Attorney Sincerely, Doria Higgins for Citizens to Save Stewart Park" March 7, 1988 Ithaca, New York Statement of Citizens to Save Stewart Park Concerning the Legality of Using the Festival Lands as Alternate Acreage in the Alienation of Inlet Island and Southwest Parks: And Also Concerning the March 1, 1988 Memo of the City Attorney on the Designation of the Festival Lands as Park Land (By Doria Higgins) The important question of whether the Festival Lands at Cass Park can legitimately serve as the obligatory substitute acreage required for the alienation of Inlet Island and Southwest Parks has remained unanswered, but the data indicating the Festival Land is not a proper swap continues to accumulate. We think the City has the choice of discontinuing the alienation of Inlet Island and Southwest Parks or of finding land other than the Festival Lands to serve as the substitute acreage. The March 1, 1988 Memorandum of the City Attorney to the Planning and.Development Department addresses the question of whether or not the Festival Lands can be considered as park lands now, in which case they would not qualify as the required substitue acreage. However, that memorandum is confusing in that some of the conclusions presented are not consistent with the data presented. We will call attention to those items later in this statement. But in any event the memorandum does not pretend to address some of the other issues which are crucial to the matter. We think one of the most important issues involved is the City's intent to fulfill or not to fulfull its agreement with the State. The Legislative Act of the State Legislature which empowered the City to alienate Inlet Island and Southwest Parks (officially introduced on March 26, 1985 and signed into law August 19 1985) specifically states that the land acquired "by the city (the land offered by the city as the obligatory substitute land for the parkland to be alienated) "shall be used for park purposes by such city." (underlining I F& 2 Festival lands added). The State Legislature vote of approval of alienation was contingent on the Festival Lands (legally described in the bill) being part of the required substitute acreage. But City actions over the past few years would seem to indicate that the City does not intend to abide by the conditions of its agreement with the State Legislature. City and NYS Park documents show the City does not intend to keep the Festival Lands as city park lands, but intends to give title of the Festival Lands to the Finger Lakes Region of the NYS Department of Parks and Recreation and Historic Preservaticr." who plan to use it to enlarge the marina at Treman State Park. On March 21, 1985, a mere six weeks after the Mayor had sent State Assemblyman MacNeil on February 7 a packet promising the Festival Lands as the substitute acreage in the proposed alienation, the Mayor signed an agreement with the Finger Lakes Region of NYS Parks to give them title to the Festival Lands in exchange for the right to lease the State Park ball fields at Buttermilk Falls for five.years. At a later date, however, the State Park officials at Albany decided their Regional Director did not have authority "to accept gifts" and the March 21 agreement is now null and void. However, the City's intent to convey the Festival Lands to Treman State Park to enlarge their marina continues. This is documented by a series of State Park Finger Lakes Region memoranda concerning communication with the Ithaca City Department of Planning and Development about the transfer of the Festival Lands to the Finger Lakes Parks. The latest memorandum we have in hand is dated September 14, 1987. A recent telephone call to Finger Lakes Parks indicates they still expect to receive the Festival Lands. It seems to us that if the City of Ithaca does not abide by the conditions of its agreement with the State Legislature that the Legislative Act would be invalidated and so also would the entire alienation process be invalidated. 3 Festival lands But even if the City should decide not to transfer title of the Festival Lands to State Parks, other problems would remain. Most of them are concerned with whether or not the Festival Lands should now be considered park land which would make them ineligible for substitute acreage. We do not think Mr. Nash's memorandum has solved these problems. The City Charter in the Section "Public Parks" read. "The word 'parks' is hereby defined to include all public grounds and places, except cemetaries." This definition, in which we think "places" should sensibly be interpreted as "open spaces" would designate the Festival Lands as park land and therefore as ineligible as "swap" land. Mr. Nash's interpretation of the City Charter definition of "Public Parks" makes it, we think, essentially meaningless. He first says that the definition could mean that all city lands and buildings are park land a definition he dismisses as "unbelieveable." We agree. It would be absurd to reason that the writers of the City Charter would include City Hall and every fire station in town as park land. Let us credit them with more intelligence and scholarship than that. Mr. Nash goes on to say, "I believe that the meaning of this paragraph is to provide that all public grounds and places are under the supervision of the Board of Public Works." But everything owned by the City is under the maintenance supervision of the BPW. We find this "meaning" meaningless because, remember, we are discussing a definition of "Public Parks 1' in the City Charter. We looked up the word "place" in both Bouviers Law Dictionary - Rawles Revision and in Black's Law Dictionary. Black's said, "This word is a very indefinite term ...(and) the extent of the locality designated by it must generally be determined by the connection in which it is used." Bouviers said the same, word for word. So we then lookd up the word "place" in the Oxford English Dictionary whose 12 volumnes are the definitive �1�q- 4 Festival Lands dictionary of the English language, and the first definition given was "an open space in a city; a square, a market place." Websters Third International Dictionary gives as the origin of the word "an open space in a city." We think it quite clear from the context of the word "place" in the City Charter that the definition of "Public Parks" means "all public grounds and open spaces, except cemetaries." This interpretation makes sense and credits the writer of the Section with some knowledge of the English language. We have come across a number of .instances in which the word "place" was legally used with this meaning. For instance, a Memorandum from the Assistant Counsel for the City of New York Department of Parks and Recreation concerning alienation of parks says that 1120 subd. 7 of the General City Law 'empowers the City to lay out, establish, construct, maintain and operate markets, parks, playgrounds and public places...'" The meaning here is clearly "open spaces." Mr. Nash defends his interpretation of the City Charter definition by noting that the 1965 agreement between the City and the Ithaca Festival of the Classics, Inc. specifically spelled out that although all lands surrounding the buildings would be used for recreational purposes that they should not therefore be considered parkland. We argue that this specificity most exactly confirms our interpretation. It was necessary to exclude that land from designation as parkland, if that was their intent, because otherwise,under the the terms of the City Charter, the land would have been considered parkland. In any event, that agreement, though now superseded, clearly established the intent that the grounds be used for recreational purposes. Among other items which support the contention that the Festival Lands are already park lands is Section 2 of the July 13, 1967 tri- partite agreement between the City, the 5. Festival Lands State of New York and the Center for the Arts at Ithaca, Inc. which reads "The City shall retain and develop for park and recreation purposes that portion of Cass Park and Old Municipal Airport property, designated on said Master Site Plan, not conveyed to the State or leased to the Center." 4dd ed� Since the land to be leased to the Center was the "Festival Lands" and since that land is not now leased to the Center, we think the argument could be made that the City should develop it "for park and recreation purposes." In his memorandum Mr. Nash cites three New York Court decisions: Croton -on Hudson v. Westchester County; Gewirtz v. City of Long Beach; and Pearlman v. Anderson. All three of these cases are discussed in a TIPS Parks memorandum on alienation of parks. That memo and also another memo from the NY City Department of Parks contradict Mr. Nash's interpretation of Croton and Gewirtz. Those memos discuss Croton and Gewirtz as Court decisions which assert that "long continued use (of land) as a park constituted an implied dedication and acceptance." In other words those two court decisions support the contention,(according to NYS Parks and NYC Parks) that the Festival Lands are park lands by implied dedication. The NYS Parks memo in discussing Pearlman v. Anderson says that the Court found there was no implied dedication but that "the result may have been different had there been stronger evidence of continuous public use sufficient to constitute an implied dedication and acceptance." Those of us who use Cass Park almost daily know that there is continuing public use of the Festival Lands. Under the label "Conclusion" the NYS Parks memo says, "As the above discussion indicates park property may never be alienated without legislative approval if: ... (c) the property was used as a park for a long period of time." All the people who for many years have walked or jogged or flown their kites on the Festival Lands can truly testify that those lands have been used as a park "for a long time "and most of them think that land is part of Cass Park. We think the City should disengage itself from this anomalous situation and either end the alienation process or find other substitute acreage. Addendum to Labor Position Proposal: As a result of last week's Planning and Development Committee meeting the Labor Coalition has attempted to address some of the questions raised about it's proposal for the city funded "labor position." As outlined in our initial proposal the employee would (1) act as an information resource, () work with local businesses to maintain employment levels, and (3) act as a communication network within the labor community (both organized and unorganized). These three goals are defined more fully in the initial proposal but serve here as a backdrop for understanding the specific objectives and tasks which the employee would undertake. In order to clarify the timelines within which the following F-lork will be accomplished we will assume that the employee will be hired by May 1, 1986 and be funded theough December ?1, 1988 ( B months). The position will be half time and the employee will be expected to be flexible as to when his /hey- work will be accomplished. That is, times of the month, days of the week, and hours of the day during which the word; can most effectively be accomplished will have to remain open ended. That said, it will be easier to understand that the work outlined below will not be accomplished in a E -12 job 5 days a week. I. The Job Description In pursuit of the first goal, to "act as an information resource . . . on various community based services available . for displaced workers," the employee will attempt to achieve the following objective and perform the following tasks. OBJECTIVE: To identify what resources are available in the city of Ithaca for displaced and unemployed workers and make that information more available to the organizations and institutions which come in contact with those workers. TASKS: (1) Contact and meet with the Directors of at least 10 community based services. (2") Synthesize the information garnered from these meetings into a written format which would be particularly useful to displaced and unemployed workers and can be disseminated in appropriate places. Q-.) Investigate and research state and federal programs which can aid displaced workers. (4) Contact and utilize the resources of at least 3 other groups outside the city of Ithaca which have or are attempting to do similar work. Incorporate this information into a written plan for dissemination of the information. (5) Present the information to at least 15 area unions, organizations or institutions whose membership or clientele wort: or live in or around the Ithaca area. 1-0 accomplish the second goal, to "assist businesses considerinq workforce reductions . . to retain the same level of employment . . . through the cooperative efforts of all parties, will require the goodwill of both business and labor. However, recognizing that it is often considered "good management for a company to conceal it's intent to shut down a facility until the latest possible date, reaching this goal will require ingenuity, creativity and perseverance. To realize this goal the employee will pursue the following objectives and perform the following tasks. OBJECTIVE: TO attempt to determine if any Ithaca area business is considering a plant shutdown or sudden "major" workforce reduction within the next 1 -5 years. TASI;:S: (1) Contact organizations such as the Midwest Center for Labor Research, New York State AFL -CIO Community Services Department and Cornell's I.L.R. Extension Center and use them as a resource for setting up a program for the "early detection" of plant shutdowns or sudden workforce reductions. () Contact at least 10 of the larger Ithaca area businesses and meet with one or more of their representatives to discuss the importance to the community of early notification of possible plant closings or sudden "major" workforce reductions. Through these meetings try to determine if any of these are contemplating such action. (3) In cases where the above employers are unionized, meet with the labor union representatives and some of the worl::ers to initiate i of ormati on gathering to analyze their employer's employment future and stability. This would involve research through a raft of sources including company annual reports, trade journals, business publications, trade associations, investor reports, university research groups and more. (4.) In cases where the above employers are not unionized and the employee would initiate this information gathering research on his /her own. (5) The employee will compile what information has been uncovered and make regular (twice monthly) reports to the Labor Coalition regarding the employment prospects for those businesses contacted. If there is any imminent community concern the employee and the Labor Coalition will report immediately to Common Council and the Mayor's Office. The third and final goal of the "labor position" for the first year will be, "to enhance contacts and communications within the local labor community and promote better understanding in the community of the interests of working people." This will be met through the following objectives and tasks. OBJECTIVE: To increase the level of written and verbal communication between area labor unions and unorganized workers, while simultaneously making more public the issues which are important to labor- organizations and working people in general. TASt::S: (1) Create and distribute an up to date Directory of local labor union=_. (2) Increase the written contributions of local labor unions to the Labor Coalition newspaper The Working Press and attempt-to increase its distribution from 5,000 to 8,000. (_) Act as a clearinghouse for area unions to help area unions more effectively share resources on such ma'_ters as contract language, arbitration, state and fedr_ral laws, health and safety and administration. (4) Include in The Working Press a regular column dealing with services to the unemployed and displaced worker. (5) Contp.ct and meet with the officials of at least 15 local labor unions to solicit ideas and gain input into how the Labor Coalition can be more useful in promoting what is important to their workers. (5) Promote and organize a celebration of Labor Day to help publicize the specific and significant contributions working people and their unions have made to Tompkins County and the city of Ithaca. II. The Employee Dualifications This "labor position" presents a new opportunity for the labor community to play a greater part in the future of the economic development of Ithaca and Tompkins County. It is not simple job, but one which requires initiative, self - direction, intelligence and diplomacy. Are a.ppl i cant for this position must meet most of the following qualifications: (1) Have a college diploma. Some formal education in economics, labor history, labor law and /or political science is required. (2) Past life experience, must include some work with labor union. Work with labor - community coalitions, community - economic development, or community organizing would be additionally helpful. (_) Reside in or around the Ithaca area and have some familiarity with the economic and social issues effecting the city. (4) Must be able to communicate effectively in written and oral form on an individual as well as group level. A writing sample must be submitted. (5) Must show some history of interest in, and Participation in labor and workplace issues.