HomeMy WebLinkAboutMN-CC-1988-05-04COMMON COUNCIL PROCEEDINGS 109
CITY OF ITHACA, NEW YORK
Regular Meeting 7:00 P.M. May 4, 1988
PRESENT:
Mayor Gutenberger
Alderpersons (10) - Booth, Cummings, Johnson, Nichols, Hoffman,
Lytel, Killeen, Peterson, Romanowski, Schlather
MINUTES:
Approval. of Minutes of Special Common Council Meeting of
March 23, 1988
By Alderperson Schlather: Seconded by Alderperson Peterson
RESOLVED, That the Minutes of the Special Common Council
meeting of March 23, 1988 be approved as published.
Carried Unanimously
SPECIAL ORDER OF BUSINESS:
Public Hearing - Adopt-ion of a New Cable Franchise Agreement
for the City of Ithaca with American Community Ca levision
Resolution to Open Public Hearing
By Alderperson Lytel: Seconded by Alderperson Nichols
RESOLVED, That the Public Hearing to consider adoption of
a new Cable Franchise Agreement for the City of Ithaca with
American Community Cablevision be declared open.
Carried Unanimously
The following persons spoke to Council regarding the new
Cable Franchise Agreement. They each expressed specific
concerns about community access:
John Efroymson - 420 North Cayuga Street
Gene Ira Katz - 710 North Cayuga Street
George Van Son - 76 Hickory Road
Bill McCormick - 211 Columbia Street
Frances McKenzie - 556 Auburn Road, Groton
Mary Jo Dudley - 409 North Cayuga Street
Paul Sayvetz, 201 Elm Street, urged
in writing concerning the Franchise
(600" Michael Withiam, General Manager of
to attend the negotiating committee
8:00 p.m. to see where ACC stands o
Council to get everything
Agreement with ACC.
ACC, urged Council members
meeting on May 11th at
n the issues.
Resolution to Close Public Hearing
By Alderperson Romanowski: Seconded by Alderperson Lytel
RESOLVED, That the Public Hearing to consider adoption of
a new Cable Franchise Agreement for the City of Ithaca with
Aii;c. ;' "i call ^l?', .. i v e 1 c w i. s l C);-, u.3 ii,= = .. ^. f 0 "1 C I v 3 t "t -
Carried Unanimously
OTHERS PRESENT:
City Attorney - Nash
City Controller - Spano
City Clerk - Paolangeli
(400'e,
Deputy City Controller - Cafferillo
Planning and Development Director -
Van Cort
Personnel Administrator - Baker
Building Commissioner - Hoard
Fire Chief - Olmstead
Police Chief, Acting - Pagliaro
Board of Public Works Commissioner -
Reeves
Neighborhood /Preservation Planner -
Chatterton
Planner II - Jones
Lf1
Community Development Administrator
- Goldwyn
I'
Housing Specialist /Planner - Evans
Lo
PLEDGE OF ALLEGIANCE:
M
Mayor Gutenberger led all present in
the Pledge of Allegiance
to the American flag.
Q
MINUTES:
Approval. of Minutes of Special Common Council Meeting of
March 23, 1988
By Alderperson Schlather: Seconded by Alderperson Peterson
RESOLVED, That the Minutes of the Special Common Council
meeting of March 23, 1988 be approved as published.
Carried Unanimously
SPECIAL ORDER OF BUSINESS:
Public Hearing - Adopt-ion of a New Cable Franchise Agreement
for the City of Ithaca with American Community Ca levision
Resolution to Open Public Hearing
By Alderperson Lytel: Seconded by Alderperson Nichols
RESOLVED, That the Public Hearing to consider adoption of
a new Cable Franchise Agreement for the City of Ithaca with
American Community Cablevision be declared open.
Carried Unanimously
The following persons spoke to Council regarding the new
Cable Franchise Agreement. They each expressed specific
concerns about community access:
John Efroymson - 420 North Cayuga Street
Gene Ira Katz - 710 North Cayuga Street
George Van Son - 76 Hickory Road
Bill McCormick - 211 Columbia Street
Frances McKenzie - 556 Auburn Road, Groton
Mary Jo Dudley - 409 North Cayuga Street
Paul Sayvetz, 201 Elm Street, urged
in writing concerning the Franchise
(600" Michael Withiam, General Manager of
to attend the negotiating committee
8:00 p.m. to see where ACC stands o
Council to get everything
Agreement with ACC.
ACC, urged Council members
meeting on May 11th at
n the issues.
Resolution to Close Public Hearing
By Alderperson Romanowski: Seconded by Alderperson Lytel
RESOLVED, That the Public Hearing to consider adoption of
a new Cable Franchise Agreement for the City of Ithaca with
Aii;c. ;' "i call ^l?', .. i v e 1 c w i. s l C);-, u.3 ii,= = .. ^. f 0 "1 C I v 3 t "t -
Carried Unanimously
IIO -2- May 4, 1988
ADDITIONS TO THE AGENDA:
New Business
Alderperson Hoffman requested the addition of the issue of
trash disposal.
No Council member objected.
Planning and Development Committee
Alderperson Cummings requested the addition of item 17.8;
a report on baling transfer stations.
No Council member objected.
(6000" Report of Special Committees and Council Liaisons
Alderperson Peterson requested the addition of two brief
reports; one from the RSVP Council and one from the Conservation
Advisory Council.
No Council member objected.
Unfinished and Misecellaneous Business
ln..Cej "'Alderperson Killeen requested the addition of a resolution
for the recession of the Grape Boycott resolution.
Alderperson Nichols objected. He suggested that Alderperson
Killeen bring the resolution before the Human Services Committee
before it comes before Council.
The Chair ruled that because there was an objection the item
could not be added to the agenda.
Charter and Ordinance Committee
Alderperson Booth requested t e addition of Item 1S.8; proposed
resolution to modify the license of the Farmers' Market which
was granted before the U.S. Department of the Interior ruled
that the City must revoke this license.
(400" The resolution was added but Alderperson Romanowski reserved
his right to object until he has read the resolution.
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
State Funding for GIAC Pool and Cass Park Hoc ey Rink
Doria Higgins, 2 Hillcrest Drive, spoke to Council regarding
the swimming pool at GIAC and the hockey rink at Cass Park.
She stated that she is concerned that the state might feel
the need to decide between the two. It seems to her that
the swimming pool is a much greater need for the community
than is a second hockey rink at Cass Park.
Housing Affordibility and Mutual Housing Program
Jett Gruber, 109 1lamlon Drive, Odessa, spoke to Council regarding
the Mutual Housing aspect of the Community Development application.
He stated that it is apparent to the INNS that the program
will make an immediate positive impact in terms of providing
a110rdable 11UUSilig 1U1 il.lIUCCt ie5l,u ilt3- 11:; urged Council
to support the Mutual Housing Program.
Because the
Community Recreation Center (Hockey Rink)
agenda item on the
Andrew Sciara ba, 17 Wedgewood Drive, spoke to Council regarding
report, and
the proposed hockey rink at Cass Park. He stated that on
issues has received
an overall basis we are looking at $850,000 for the construction
and in order
of a building which will include a hockey rink facility but
the full Council to
also is a multi- purpose building; it will have a concrete floor
Killeen........"
and a humidification system so it can be used for other purposes.
at 6/8/88 meeting.
He is hopeful that half of the $850,000 will come from the
New York State grant application which will be submitted
this month. The other $425,000 is being raised from corporations
and individuals in the community. To date, the organization
(Woo",
has received pledges in excess of $210,000. The organization
is confident that they will be sucessful in raising the remainder
of the money.
Housing Affordibility and Mutual Housing Program
Jett Gruber, 109 1lamlon Drive, Odessa, spoke to Council regarding
the Mutual Housing aspect of the Community Development application.
He stated that it is apparent to the INNS that the program
will make an immediate positive impact in terms of providing
a110rdable 11UUSilig 1U1 il.lIUCCt ie5l,u ilt3- 11:; urged Council
to support the Mutual Housing Program.
Because the
Scheduled
agenda item on the
grape boycott will be a non - discussable
report, and
since this
issues has received
considerable press coverage recently,
and in order
to permit
the full Council to
discuss this important matter, .Alderman
Killeen........"
added
at 6/8/88 meeting.
C. Holcomb
-3- May 4, 1988
Dennis Wille, 201 Third Street, Mutual Housing Coordinator,
referred to a letter from Gwen L.R. Doll, supporting the
Community Development Block application funds that INNS has
requested to develop a Mutual housing Association in Ithaca.
fie urged Council to support the Mutual Housing Program.
Concerns of Spencer Road Residents
Donald C. Enright, 520 Old Spencer Road, spoke to Council
regarding several topics of concern to the residents of Spencer
Road.
Mayor Gutenberger responded that the Building Commissioner
will be in touch with Mr. Enright in regard to these matters.
Funding for Community Development Application
Jan Smith, Executive Director of HOMES, Inc. spoke to Council
regarding the Community Development application. HOMES,
Inc. has requested $45,000 and she urged the Council to support
the application. The money will be used for special equipment
needed for the homeless housing project that is being developed
Ln at 507 -509 West Green Street.
w' Acquisition of City -owned Property
LO Leonard Ferris, Burdett, N.Y., spoke to Council on behalf
of the First Assembly of God Church. He stated that in April
M 1986, as Secretary of the First Assembly of God Church, he
wrote a letter to Council in care of the Mayor initiating
Q a request to the city to acquire the land known as "Titus
Flats" from the City of Ithaca for a church building and
eventually a church owned and operated Christian School.
He wished to reiterate that the church would like a formal
response to their letter from the city.
Farmers' Market
Anna Steinkraus, President of the Ithaca Farmers' Market,
stated that the Market greatly appreciates the support the
city has given to them over the winter and in working out
an agreement for a license for the season, both for Inlet
Island and the Dewitt Park. She gave special thanks for
the help since the federal ruling has come down. She stated
that she thinks the letter the Mayor wrote asking for a waiver
was an excellent letter. She further remarked that the Market
also greatly appreciates Mark Finkelstein and Francis Paolangeli
for coming forward and allowing the Market to use the parcel
in the Northside. She encouraged Council to appeal the federal
ruling on the Farmers' Market site at Inlet Island.
Mutual Housing Association
Tracy Farrell, 429 West Buffalo Street, President of the
Board of Directors of Neighborhood Housing, spoke to the
Council regarding affordable housing in the City of Ithaca.
She urged Council to support the Mutual Housing resolution
in the Community Development application.
Doug Dylla, 109 Auburn Street, Director of INHS, spoke in support
of the Mutual Housing resolution and asked for Council's
support of the Community Development application.
Fire Services Recognition Day
Fire Chief Olmstead state to Council and the public that
Saturday, May 7th, is the annual fire services recognition
day. He listed the itinerary and urged all to attend.
REPORT OF CITY BOARDS, COMMITTEES AND COMMISSIONS:
Board of Public Works
Commissioner Reeves reported on the following:
Posting of Bills on Telephone Poles - The Board has received
several complaints in the past weeks regarding the posting
of bills and circulars on telephone poles. The Board is
in the process of reviewing the local ordinance and have
asked for a legal opinion from the City Attorney.
111
1.12
-4-
May 4, 1988
Recycling Task Force - The Task Force is discussing the upcoming
end to the grace period in regard to the mandatory recycling
ordinance. The grace period ends at the end of May. The
Task Force has scheduled an informational meeting for landlords
on May 12th, at 7:30 p.m., in Common Council Chambers. The
Board urges Council to talk about this important program
in their Wards and the Task Force is asking for political
support as well as Council members being visibly active in
promoting recycling.
Commissioner Reeves answered questions from Council members.
COMMUNICATIONS FROM THE MAYOR:
Update on Route 96
Mayor Gutenberger reported that the Draft Environmental Impact
Statement will not be available until July or August. The
document is finished and it is now in what they call the
"signature stage ", which means that Albany and Washington
both have to sign off on that document for it actually to
go to the printer and be released. A location will be set
up in the community, staffed by the Department of Transporta-
tion, for citizens to look over the maps and documents and
have their questions answered.
Farmers' Market
Mayor Gutenberger stated that he has received a phone call.
from NYS Department of Parks, Recreation and Historic Preser-
vation stating that an extension has been granted for use
of Inlet Island by the Farmers' Market until June 25, 1988.
However, he would prefer to have the letter in hand before
taking an action on it.
Mayor Gutenberger referred to a resolution received from
the Town of Ithaca Planning Board in support of the Farmers'
Market.
Mayor Gutenberger read the following letter from David A.
Dubow, attorney for Francis Paolangeli:
"Dear Mayor Gutenberger:
As you are aware, I represent Francis "Pogo" Paolangeli.
Mr. Paolangeli has requested that I write this letter to
you concerning the use of his property in the city's north
end for the Farmers' Market operations. As I believe you
are aware, Mr. Paolangeli has entered into an agreement with
the Farmers' Market and Mark Finkelstein providing for the
temporary use of the "Pogo Parcel" for Farmer's Market operations
on Saturdays. Subject to certain termination provisions,
the agreement provides for use of this property by the Farmers'
Market for the next several months. Now it appears, however,
that the Farmers' Market may be permitted temporarily to
return to the Inlet Island location. We are not certain
at this point whether the Farmers' Market will choose to
return to its original site or continue to operate from the
"Pogo Parcel ". Therefore, Mr. Paolangeli would like the
City to know that he is willing to continue to make his property
available to the Farmers' Market in the event another move
becomes necessary, provided, of course, that no commitments
for use of the property have been made in the interim which
would preclude the Farmers' Market operations.
In light of the anticipated discussion at the Common
Council meeting scheduled for this evening, we would request
that this letter be distributed to all Common Council members
and be included in the records of Common Council's proceedings.
Please feel free to contact either me or Mr. Paolangeli should
you have any questions.
i c�Yectlally j Sul s ,
David A. Dubow"
-5-
May 4, 1988 113
Common Council Meeting for June
Mayor Gutenberger reminded Council that June 1 is the ceremonial
meeting commemorating the signing of the City Charter and
June 8 will be the official meeting date for Common Council in
June.
Executive Session
Mayor Gutenberger requested an Executive Session at the end
of the meeting to discuss a personnel matter.
Great Ithaca Write -in
Mayor Gutenberger requested Common Council's permission to
(Wo"� have an enclosure in city employee's paychecks for the "Great
Ithaca Write -in" forms.
Resolution
By Alderperson Schlather: Seconded by Alderperson Killeen
RESOLVED, That Common Council gives permission for an enclosure
of forms for the "Great Ithaca Write -in" to be inserted in City of
Ithaca employee's paychecks.
Carried Unanimously
Ln Baling Transfer Station
I' Mayor Gutenberger referred to a letter he had received from
(O Frank Proto regarding the baling transfer station. There
will be a committee meeting on May 6 at 8:30 a.m. in the
m County Administrator's Office and he invited members of Council
to attend.
Q
Interim Parke Commission
Mayor Gutenb-.:-ger asked for clarification on the resolution
on the Interim Parks Commission from the April 6 Common Council
meeting. The matter will be discussed at a later date.
MAYOR'S APPOINTMENTS:
Board of Public Works
Mayor Gutenberger requested approval of Common Council for
the appointment of Michael Sprague, 6 Cliff Park Circle to
the Board of Public Works to replace Benjamin Nichols, with
a term to expire December 31, 1989.
Resolution
By Alderperson Schlather: Seconded by Alderperson Romanowski
RESOLVED, That this Common Council approves the appointment
of Michael Sprague to the Board of Public Works with a term
to expire December 31, 1989.
Carried Unanimously
Civil Service Commission
Mayor Gutenberger reported that he has re- appointed Ann Bantuvanis,
203 Ithaca Road, to the Civil Service Commission for a term
to expire May 31, 1994.
CITY ATTORNEY'S REPORT
Alderperson Booth asked City Attorney Nash about two actions
involving the city. One is the Watt Lot and the other is
the enforcement action the city is pursuing where the defendent
has raised the McMinn decision.
City Attorney Nash responded that there is no decision in
(400" either of these cases.
CHARTER AND ORDINANCE COMMITTEE:
Farmers' Market - Effort to Secure Waiver, Extension of Federal
Resolution
By Alderperson Booth: Seconded by Alderperson Johnson
WHEREAS, Common Council has previously voted in favor of
issuing a one -year license to the Farmers' Market to allow
the Market to use the Inlet Island site during 1988, and
15.4
-6- May 4, 1988
WHEREAS, the City has received a determination by the National
Park Service, U.S. Department of the Interior regarding the
Farmers' Market's use of the Inlet Island site (per March 24
1988 letter from Christine McNeil, National Parks Service
to Vincent Stallone, Jr., N.Y.S. Office of Parks, Recreation
and Historic Preservation), and
WHEREAS, the City has received a directive from the N.Y.S.
Office of Parks, Recreation and Historic Preservation pursuant
to the above- mentioned Department of the Interior determination,
which directive requires "...the City of Ithaca to immediately
revoke any lease agreement with the Ithaca Farmers' Market's
for use of this park site" (sic) (see April 8, 1988 letter
from Robert Gonet, Finger Lakes State Parks, Recreation and
Historic Preservation to Mayor John Gutenberger, and
WHEREAS, the receipt of the above- mentioned determination
and directive so close to the beginning of the Farmers' Market's
season at the Inlet Island site has caused serious disruption
in the Market's operations and has seriously jeopardized
the ability of the Market to operate during 1988; now, therefore,
be it
RESOLVED, That Common Council supports and endorses actions
by the Mayor in seeking a further waiver /extension of the
above - mentioned determination and directive in order to permit
the Farmers' Market to utilize the Inlet Island site during
1988. Provided, this resolution does not authorize or endorse
the City's filing of any formal administrative appeal or
any litigation regarding this determination and directive.
Alderperson Hoffman asked if the ruling from the federal
government affects other uses of this land by other parties
and if so should the city be asking for the same treatment
for those users to allow them an extension of time.
City Attorney Nash responded that he sees a distinction between
the Farmers' Market use and other uses. There is an arguable
question as to whether the Market is a public outdoor recreational
activity. The others seem more clearly to be not so by the
terms of the agreement and the use of the property. He does
not believe the extension can be applied to other uses of
the land.
Further discussion followed on the floor.
Amending Resolution
By Alderperson Nichols: Seconded by Alderperson Johnson
RESOLVED, That the last sentence of the Resolved paragraph
read as follows: Provided, this resolution does not authorize
or endorse the expenditure of funds by the city for the filing
of any formal administrative appeal or for any litigation
regarding this determination and directive."
Discussion followed on the floor on the amendment.
A vote on the amending resolution resulted as follows:
Ayes (4)
Nays (6)
- Lytel, Nichols, Killeen, Johnson
- Booth, Schlather, Cummings, Hoffman, Peterson,
Romanowski
Motion Defeated
Discussion followed on the floor on the Main Motion.
A vote on the Main Motion resulted as follows:
Ayes (7) - Hoffman, Lytel, Nichols, Johnson, Booth, Peterson,
Killeen
ivciyS (J)
Carried
-7- May 4, 1988 115
Support Resolution for Farmers' Market
By Alderperson Booth: Seconded by Alderperson Nichols
WHEREAS, Common Council, by resolution dated March 2, 1988
author:izCd the issuance of a revocable license to the Ithaca
Farmers' Market for the use of the city -owned parkland on
the so- called Inlet Island, and
WHEREAS, on April 11, 1988 a determination was received from
the National Park Service of the U.S. Department of Interior
finding the Farmers' Market to be a non - permitted use of
said lands pursuant to the terms and conditions of the grant
agreement governing their use, and ordering the city to dis-
continue all activities not defined as public outdoor recreation,
and
WHEREAS, in response to the city's request for temporary
waiver of the order, the National Park Service has apparently
granted the Market the opportunity to continue its operations
at Inlet Island until the close of business on June 25, 1988;
now, therefore, be it
Ln RESOLVED, That the conditions previously stipulated by Common
Council in the granting of a revocable license to the Farmers'
IKIT Market be amended as follows:
LO
Condition #1 - Assuming a letter is received from the U.S.
M Department of Interior allowing the Farmers' Market use of
Q Inlet Island site until June 25, 1988, the Ithaca Farmers'
Market may operate on any Saturday between May 7, 1988 and
the close of ,isiness on June 25,1988. The Market may use
the site foi aIditional days prior to June 25, 1988 for the
purpose of site improvements.
Condition #4 - No new structure shall be erected on the site.
Condition #5 - Deleted.
Condition #6 - Deleted.
The following condition shall be added to the license: -
The Farmers' Market shall increase its customer parking area
to the greatest extent possible, given the constraints imposed
by this temporary extension. All the other conditions stated in
in Council's March 2, 1988 resolution as amended shall be satisfied.
Discussion followed on the floor. Alderperson Booth stated
for the rec *hat it is his belief that all the other conditions
of the Mar( )88 motion are incorporated, other than
those that feted or changed.
A vote on the resolution resulted as follows:
Ayes (9) - Schlather, Booth, Lytel, Killeen, Johnson,
Hoffman, Peterson, Cummings, Nichols
Nay (1) - Romanowski
Carried
PLANNING AND DEVELOPMENT COMMITTEE:
Environmental Quality Bond Act Funding Application
WY-9--Office of Parks, Recreation and Historic Preservation
Cass Park Skating Rink
By Alderperson Cummings: Seconded by Alderperson Lytel
(600" WHEREAS, many of the city's established skating and hockey
clubs and organizations are forced to travel out of town
for both practice and competition, and
WHEREAS, the Ithaca Youth Hockey Association beginning in
1984 has worked with the city toward finding a way to expand
the city's ice skating facilities, and
WHEREAS, the Environmental Quality Bond Act has made available
funds for reimbursement of fifty percent (500) of eligible
costs, for which construction of a new municipal skating
rink is considered an eligible activity, and
15
17. la:
11 FD
-8-
May 4, 1988
WHEREAS, the Youth Hockey Association agrees to raise all
capital required by the Title 9 provisions of the Act for
the local match, and
WHEREAS, the City of Ithaca has agreed to provide land adjacent
to the Cass Park rink and will accept the facility and operate
it assuming all costs and revenues of such operation with
the intent that operating income will equal expenses, provided
that the same is authorized by law; now, therefore, be it
RESOLVED, That John C. Gutenberger, Mayor of the City of
Ithaca is authorized and directed to file an application
on forms prescribed by the New York State Office of Parks,
Recreation and Historic Preservation for financial assistance
in accordance with the provision of Title 9 of the Environmental
Quality Bond Act of 1986 in an amount not to exceed $900,000
and upon approval of said request to enter into and execute
a project agreement with the State for such financial assistance
to this municipality for construction of the Cass Park skating
rink.
Environmental Quality Bond Act
NYS Office of Parks, Recreation and Historic Preservation
GIAC In- ground Swimming Pool
By Alderperson Cummings: Seconded by Alderperson Lytel
WHEREAS, the present Greater Ithaca Activities Center Court
Street pool is the only public pool located in the city's
downtown area, and
WHEREAS, the present pool during an average summer served
an estimated 300 youths living in the downtown neighborhoods
and has become a valuable recreational resource during its
eleven years in the Northside /Southside communities, and
WHEREAS, the present pool will not be in functioning condition
this season, and
WHEREAS, the Environmental Quality Bond Act has made available
funds for reimbursement of fifty percent (SO %) of eligible
costs, for which construction of a new municipal swimming
pool is considered an eligible activity, and
WHEREAS, the costs of operating a new in- ground pool will
not be substantially different from those of the existing
pool; now, therefore, be it
RESOLVED, That John C. Gutenberger, Mayor of the City of
Ithaca, is authorized and directed to file an application
on forms prescribed by the New York State Office of Parks,
Recreation and Historic Preservation for financial assistance
in accordance with the provision of Title 9 of the Environ-
mental Quality Bond Act of 1986, in an amount not to exceed
$375,000 and upon approval of said request to enter into
and execute a project agreement with the state for such financial
assistance to this municipality for construction of the GIAC
in- ground swimming pool.
Discussion followed on the floor.
Amending Resolution
By Alderperson Booth: Seconded by Alderperson Hoffman
RESOLVED, That the five WHEREAS clauses in Item 17.1a
(Cass Park Skating Rink) and the five WHEREAS clauses in
Item 17.1b (GIAC In- ground Swimming Pool) be incorporated
and the NOW, THEREFORE, BE IT RESOLVED, clause read as follows:
"That John C. Gutenberger, Mayor of the City of Ithaca is
authorized and directed to file an application on forms prescribed.
by the New York State Office of Parks, Recreation and Historic
Preservation for financial assistance in accordance with
the pruvisioii of i1LIe 9 of t;►e Enviroiimental Quality Bond
I F&
17. lb
J
-9- May 4, 1988 117
Act of 1986 in an amount not to exceed $1,275,000.00 and
upon approval of said request to enter into and execute a
project agreement with the state for such financial assistance
to this municipality for the construction of the Cass Park
Skating Rink and the GIAC In- ground Swimming Pool."
Discussion followed on the floor on the amendment.
Amending Resolution
By Alderperson Schlather: Seconded by Alderperson Killeen
RESOLVED, That the following be added to Alderperson Booth's
amendment: "And be it further RESOLVED, That this application
(600e be tendered to the New York State Office of Parks, Recreation
and Historic Preservation along with separate applications
for the Cass Park Skating Rink project and the GIAC Pool
project with the further provision that not withstanding
the preliminary ranking regionally this combination application
shall be forwarded to Albany for funding consideration.
Resolution as Amended Carried Unanimously
1-0 WHERE AS, many of the city's established skating and hockey
clubs and organizations are forced to travel out of town
Iq for both practice and competition, and
LD
WHEREAS, the Ithaca Youth Hockey Association beginning in
M 1984 has worked with the city toward finding a way to expand
Q the city's skating facilities, and
WHEREAS, the '. nvironmental Quality Bond Act has made available
funds for re::;;;ursement of fifty percent (500) of eligible
costs, for which construction of a new municipal Skating
rink is considered an eligible activity, and
WHEREAS, the Youth Hockey Association agrees to raise all
capital required by the Title 9 provisions of the Act for
the local match, and
WHEREAS, the City of Ithaca has agreed to provide land adjacent
to the Cass Park rink and will accept the facility and operate
it assuming all costs and revenues of such operation with
the intent that operating income will equal expenses, provided
that the same is authorized by law, and
WHEREAS, the present Greater Ithaca Activities Center Court
Street pool the only public pool located in the city's
downtown ar nd
WHEREAS, the _,sent pool during an average summer served
an estimated 300 youths living in the downtown neighborhoods
and has become a valuable recreational resource during its
eleven years in the Northside /Southside communities, and
WHEREAS, the present pool will not be in functioning condition
this season, and
WHEREAS, the Environmental Quality Bond Act has made available
funds for reimbursement of fifty percent (500) of eligible
costs, for which construction of a new municipal swimming
pool is considered an eligible activity, and
C0,11 WHEREAS, the costs of operating a new in- ground pool will
not be substantially different from those of the existing
pool; now, therefore, be it
RESOLVED, That John C. Gutenberger, Mayor of the City of
Ithaca, is authorized and directed to file an application
on forms prescribed by the New York State Office of Parks,
Recreation and Historic Preservation for financial assistance
in accordance with the provision of Title 9 of the Environ-
mental Quality Bond Act of 1986 in -an amount not to exceed
$1,275,000.00 and t,pon approval of said request to enter
_10- May 4, 1988
�.14
into and execute a project agreement with the state for such
financial assistance to this municipality for the construction
of the Cass Park Skating Rink and the GIAC In- ground Swimming
Pool, and be it further
RESOLVED, That this application be tendered to the New York
State Office of Parks, Recreation and Historic Preservation
along with separate applications for the Cass Park Skating
Rink project and the GIAC Pool project with the further provision
that not withstanding the preliminary ranking regionally
this combination application shall be forwarded to Albany
for funding consideration. Carried Unanimously
Recess
Common Council recessed at 9:35 p.m. and reconvened in regular
session at 9:50 P.M.
Cherry Street Industrial Park - Preliminary Lease Approval
for Evaporate Metal Films
By Alderperson Cummings: Seconded by Alderperson Schlather
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, Evaporated Metal Films, Inc. desires to acquire
1.48 + /- acres in the park for construction of new manufacturing
facilities, and
WHEREAS, the qualifications of Evaporated. Metal Films, Inc.
have been examined in accordance with Section 1(c) of the
Land Disposition Procedure, and
WHEREAS, the proposed terms of a
Metal Films have been presented
Council; now,therefore, be it
RESOLVED, That Evaporated Metal
a qualified sponsor for tenancy
Park, and be it further
lease agreement with Evaporated
to and reviewed by Common
Films is hereby designated
in the Cherry Street Industrial
RESOLVED, That Common Council does hereby give preliminary
approval to the proposed terms of this lease agreement.
Alderperson Cummings gave background information on the resolution.
Discussion followed on the floor. Alderperson Cummings pointed
out that the Council's concern regarding re- negotiating rates
for the Industrial Park has been submitted to the Ithaca
Urban Renewal Agency. They will be taking'a look at this and
Alderperson Cummings will report back to Council.
A vote on the resolution resulted as follows:
Ayes (9) - Schlather, Romanowski, Johnson, Killeen, Lytel,
Hoffman, Peterson, Cummings, Nichols
Nay (1) - Booth Carried
S ecial Common Council Meeting
Mayor Guten erger stated that there will be a Special Common
Council meeting on May 2S, 1988 at 7:00 p.m. for final Council
approval of the Cherry Street Industrial Park - Evaporated
Metal Films, Inc. lease.
Community Development Block Grant Application
By Alderperson Cummings: Seconded by Alderperson Killeen
WHEREAS, Common Council recognizes the need to continue efforts
wi11C11 elllla,p_e and preserve residential neighuorhoods, prOTivic
job creation and retention, and improve community facilities,
and
17.2
J
17. �>
3
-11- May 4, 1988
WHEREAS, the Planning and Development Committee has reviewed
the proposed Community Development Grant application as adopted
by the Ithaca Urban Renewal /Community Development Agency
and endorsed by Planning and Development Board and the Planning
and Development Committee of Common Council; now, therefore,
be it
RESOLVED, That the Common Council approve the 1988 -1989
Community Development Block Grant Small Cities budget and
programs as recommended by the Ithaca Urban Renewal /Community
Development Agency, and be it further
RESOLVED, That the Mayor be and hereby is directed and authorized
%6011� to sign upon advice of the City Attorney and the Director
of Planning and Development any and all instruments necessary
to submit the City's 1988 -1989 Community Development application
to the United States Department of Housing and Urban Development.
Discussion followed on the floor regarding the Excel, Electronics
Assembly portion of the application with regards to giving
notice of any proposed reduction in their work force.
L0 Amending Resolution
Iq By Alderperson Nichols: Seconded by Alderperson Hoffman
LO RESOLVED, That the Excel, Electronics Assembly be deleted
from the proposed Community Development application.
M Discussion followed on the floor on the amendment.
Q
A vote on tL amending resolution resulted as follows:
Ayes (2) - Nichols, Booth
Nays (8) - Schlather, Romanowski, Cummings, Lytel, Peterson,
Johnson, Killeen, Hoffman
Motion Defeated
Main Motion
Further discussion followed on the floor on the Main Motion.
Alderperson Hoffman read the following statement into the
record on the 1988 Community Development Grant application:
"In the seven years I have been on Common Council, I have
on several occasions voted against the City's annual application
for Community Development funds. My opposition was based
not on the gists for housing programs or for community
facilities, solely on the economic development portion
of the app] ion.
I stated at the time my opinion that the public funds used
in Community Development grants should be reserved for areas
of greatest need, particularly low - income housing, and that
a portion should not be siphoned off to assist private, profit -
making businesses. Although I was sorry to vote against
an application that included funds for Ithaca Neighborhood
Housing Services, I did cast what I called a "symbolic" vote
against several proposals which included economic development
subsidies, to protest what I considered wrong- headed priorities
in federal policy.
Last year, my position on this issue became a matter of wide-
spread debate, and it became apparent to me that many people
interpreted my action as a lack of support for INHS and low -
income housing programs. A symbolic gesture is hardly worth-
while if its message is misinterpreted, and I want to make
sure that such a mistake is not repeated.
The opportunity to hear the opinions of so many people on
this issue has convinced me that the benefits of INHS' widely
supported programs outweigh the philosophical reservations
I have about public subsidies for private businesses (which
are, in fact, a much smaller portion of the CD grant).
119
120
-12- May 4, 1988
My approach, therefore, has changed. I have applied, and
will continue to apply my concerns in this area to the process
of preparing and evaluating the application, in an attempt
to maximize the public benefit from the economic development
projects, but I will not oppose the submission of the grant
itself simply because of their inclusion.
The Mutual Housing
is one of the most
of housing affordat
be able to vote in
HOMES.
A vote on the Main
concept that is
exciting approa,
)ility, and I am
favor of it, as
Motion resulted
pioneered in this application
lies I've seen to the problem
very, very pleased to
well as the proposal from
as follows:
Carried Unanimously
Disposition of Surplus Land on Floral Avenue
By Alderperson Cummings: Seconded by Alderperson Killeen
WHEREAS, Ithaca Neighborhood Housing Services, Inc. has requested
that the City make available to it a parcel of land now owned
by the City of Ithaca for the purposes of assembling a site
to serve as low and moderate income housing, and
WHEREAS, the parcel in question identified as Tax Map Parcel
number 77 -2 -6 assessed at $11,800 for .94 acres is not required
for any present or anticipated future municipal purpose,
and
WHEREAS, the City of Ithaca supports the objective of increasing
the City's housing stock to be made available for low and
moderate income residents; now, therefore, be it
RESOLVED, That the City of Ithaca hereby declares the Floral
Avenue property known as Tax Map Parcel 77 -2 -6 to be surplus,
and approves its transfer to the Ithaca Urban Renewal Agency
for the sum of $1, and be it further
RESOLVED, That the Ithaca Urban Renewal Agency is directed
to transfer said property to Ithaca Neighborhood Housing
Services, Inc. through its land disposition procedures adopted
October 22, 1984.
Discussion followed on the floor regarding the terms of the
transfer and the procedures followed.
Amending Resolution
By Alderperson Schlather: Seconded by Alderperson Booth
RESOLVED, That the first Resolved read as follows: "That
the City of Ithaca hereby declares the Floral Avenue property
known as Tax Map Parcel number 77 -2 -6 to be surplus, and
authorizes the IURA to begin negotiations with INHS for transfer
of the same to INNS upon terms to be reviewed by and subject
to approval of Common Council ". And that the last 'Be it
Further Resolved' paragraph be deleted.
Discussion followed on the floor on the amendment.
A vote on the amending resolution resulted as follows:
Ayes (8) - Booth, Schlather, Nichols, Killeen, Johnson,
Hoffman, Peterson, Romanowski
Nays (2) - Lytel, Cummings
Carried
Main Motion as Amended
A vote on t e Main Motion as amended resulted as follows:
Carried Unanimously
-13- May 4, 1988
121
Strategic Housing and Neighborhoods Plan - Adoption of Plan
and Supporting Documents
By Alderperson Cummings: Seconded by Alderperson Killeen
WHEREAS, the Common Council in December 1983 passed a resolution
asking the Planning and Development Board to begin development
of a housing and neighborhoods plan, and
WHEREAS, the Planning and Development Board recommended the
creation of an ad hoc working committee (the Housing and Neigh-
borhoods Technical Advisory Committee) to allow for citizen
participation of major interest groups in the areas of housing
and neighborhoods, and
WHEREAS, the Housing and Neighborhood Technical Advisory Committee
and the Planning and Development Board have participated in
developing studies and recommendations for the Strategic Housing
and Neighborhoods Plan (published in December 1987), and
WHEREAS, Common Council has reviewed these studies and documents
and voted affirmatively on March 2, 1988 to explore and implement
thirteen actions geared toward neighborhood and housing
LO improvement, and
Iq WHEREAS, a full understanding of Ithaca's housing and neigh-
LO borhood situation (including number, type and tenure of housing;
community needs; and the impact of recent and future development
m on neighborhoods, housing availability and affordability)
is needed in order to develop a framework for zoning changes,
Q site plan review, further development of housing trust fund
alternatives, grant applications, and enforcement activities;
now, therefore, be it
RESOLVED, That the Common Council accepts and adopts the following
reports: Supply, Demand and Affordability of Housing (May
1987), Recommendations of the Technical Advisory Committee
(April 1987), and the Strategic Housing 'and Nei bor oo s
Plan (December 1987), Tand directs planning staff to use these
reports as resources, reviewing and updating them as the
(Wwoo" exploration and implementation of the thirteen actions adopted
in March 1988 occur, and to continue to explore various revenue
sources for sousing trust fund (including developer exactions,
linkages and using production requirements), zoning options,
project revi procedures, and enforcement alternatives.
Amending Resolution
By Alderperson Peterson: Seconded by Alderperson Schlather
RESOLVED, That the first report "Supply, Demand and Affordability
of Housing" be deleted from the first Resolved a new Be
it Further Resolved be added to read to follows: "That a
third report, "Su ply, Demand and Affordability of Housing"
(May 1987) be accepted with t e un erstan ing that the document
is a working document which facts and data are used in the
housing plan but which conclusions and opinions are being
developed on an ongoing basis in conjunction with the other
above reports and the thirteen adopted actions.
Alderperson Peterson explained her reasons for separating
out the Supply, Demand and Affordability of Housing report.
She is concerned with the conclusions reached in t e report,
although she does believe it can be used as a working document.
After further discussion, Mayor Gutenberger suggested that
(400e, the resolution and amendment be tabled for further study and
clarification.
Resolution to Table
By Alderperson Schlather: Seconded by Alderperson Romanowski
RESOLVED, That the resolution Strategic Housing and Neighborhoods
Plan - Adoption of Plan and Supporting Documents be tabled.
Ayes (S) - Schlather, Romanowski, Booth, Nichols, Johnson
Nays (S) - Lytel, Cummings, Peterson, Hoffman, Killeen
Mayor Gutenberger voted Aye, breaking the tie.
Carried
122
-14- May 4, 19 88
Six Mile Creek Report
Alderperson Cummings reported that there is a Six Mile Creek
study going on. the group is undertaking mechanisms to protect
our watersheds, both by land acquisition in the immediate
vicinity and to establish a intermunicipal group to talk about
broader watershed protection areas.
Integrated Communications System Demonstration Project
Al erperson Lytel reported on talks with NYNEX and Cornell
University on the Integrated Communications System Demonstration
project. There is nothing that will be happening oil this
nths�`but Alderperson Lytel will keep the
in the next few mo
Council informed.
Baling Transfer Station
Al erperson Cummings asked that the Minutes reflect that the
city is very anxious to cooperate with the county to gather any
additional information needed on the remaining sites under
consideration. She stated that the resources of our Public
Works and Planning Department are available for evaluating
those sites.
CHARTER AND ORDINANCE COMMITTEE:
An Ordinance Amending t e Zoning
'Zoning' or t e City o Ithaca M
Watts Lot
'ft F om Table
Map of Chapter 30 Entitled
alled
unicipal Code (Re- zoning so- c
Resolution to Li r
By Al erperson Boot : Secon ed by Alderperson Schlaof C
RESOLVED, That an ordinance to amend the zoning map of Chapter
30 entitled 'Zoning' of the City of Ithaca Municipal Code
(re- zoning so- called Watts Lot) be lifted from Cathe table. Unanimously
It
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 I. AMENDING ZONING MAP
1. That the "Official Zoning Map of the City of Ithaca,
New York ", as last amended, is hereby amended and changed
so that all that tract or parcel of land within the following
described area presently located in the B -2a, Business District
is reclassified and changed to the R -2b, Residential District.
A. Beginning at a point on the northwest corner of tax
parcel number 25 -3 -1, thence northeasterly a distance of approxi-
mately 264 feet along the tsoltthe °IOdtheast corner of tax
of
Franklin Street to a poi
parcel number 25 -3 -1, thence southeasterly a distance of approxi-
mately 32S feet along the west boundary of the right -of -way
of Lake Avenue to a point on the southeast corner of tax parcel
number 25 -3 -1, thence southwesterly a distance of approximately
269 feet along the north boundary of the right -of -way of Adams
Street to a point on the southwest corner of tax parcel number
25 -3 -1, thence northwesterly a distance of approximately 330 r
feet along the east boundary of the right -of -way of First
Street to the point of beginning. The above described area
includes all of tax parcel number 25 -3 -1.
2. That in accordance herewith the City Clerk is hereby
directed to make or cause to be made the necessary changes
on said zoning map.
SECTION 2. EFFECTIVE DATE.
This ordinance shah 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.
-15- May 4, 1988 123
Discussion followed on the floor on the legal questions of
tabling again.
City Attorney Nash stated that if the motion is tabled again,
it should be brought back to Council as a new issue with a
new public hearing.
Tabling Resolution
By Al erperson Sc lather: Seconded by Alderperson Booth
RESOLVED, That an ordinance to amend the zoning map of Chapter
30 entitled 'Zoning' of the City of Ithaca Municipal Code
(re- zoning of so- called Watts Lot) be tabled and that the
City Clerk re- advertise for a public hearing to be held on
June 8, 1988 on this matter.
Carried Unanimously
Authorization for Commons Advisory Board to Grant Waivers
to Commons Rules and Regulations for Activities Connecte
with the Ithaca Centennial Celebration
By Alderperson Booth: Seconded by Alderperson Schlather
RESOLVED, That following review by the Department of Public
LO Works, the Fire Chief, or the Police Chief, as appropriate,
Iq the Common Advisory Board is hereby authorized to grant waivers
of the Commons Rules and Regulations for purposes of the events
LD in connection with the 1988 Ithaca Centennial Celebration
= and events related thereto. This authorization is limited
m solely to the events of the 1988 Ithaca Centennial Celebration
Q and related events.
Carried Unanimously
Smoking Ord:... _:ice - Report
Alderperson Booth stated that on May 19 the Conservation Advisory
Council and the Charter and Ordinance Committee will be holding
a joint meeting to discuss the proposed smoking ordinance.
(Woo, ACC Cable Franchise - Report
Alderperson Booth stated that the Charter and Ordinance Committee
discussed a number of the provisions of the Cable Franchise
at their last meeting. The complete package of the ACC Cable
Franchise Agreement will be discussed at the Charter and Ordinance
Committee meeting in May.
ACC Cable Franchise - Resolution Calling for Public Hearing
By Alderperson Booth: Seconded by Alderperson Sc lat er
RESOLVED, That the City Clerk shall publish notice of a public
hearing to '—ld at the June 8, 1988 Common Council meeting
regarding i, )posed Franchise Agreement for a cable television
franchise t the City of Ithaca and American Community
Cablevision. .:;it notice shall specify where a complete copy
of the proposed Franchise Agreement will be available for
public review prior to the public hearing.
Alderperson Romanowski asked City Attorney Nash if he felt
there was a conflict of interest if he were to vote for the
resolution calling for a public hearing on the ACC Cable Fran-
chise and the resolution extending the Agreement in Principle
with ACC.
City Attorney Nash responded that he did not see a conflict.
A vote on the resolution resulted as follows:
Carried Unanimously
ACC Cable Franchise - Resolution Extending Agreement in Principle
By Alderperson Booth: Seconded by Alderperson Sc lat er
WHEREAS, the City of Ithaca and the American Television and
Communications Corporation (ATC) did execute an "Agreement
in Principle" regarding the delivery of future cable television
services on December 2, 1987, and
15.2
15.6
15.7
124
-16- May 4, 1988
WHEREAS, such agreement was to terminate on April 30, 1988,
and the City of Ithaca is desirous of extending the terms
of said agreement to allow the parties thereto further time
in which to complete final action on a new cable television
franchise agreement; now, therefore, be it
RESOLVED, That the "Agreement in Principle" between the City
of Ithaca and ATC dated December 2, 1987 should not terminate
on April 30, 1988 but should be extended to Friday, July 8,
1988, and the City's non - waiver of its rights under the Cable
Act to hold an administrative hearing pursuant to Section
626 should likewise be extended through Friday, July 8, and
be it further
RESOLVED, That the Common Council directs the Mayor and City
Attorney to take appropriate steps to implement the position
of Common Council as stated in the previous clause.
Discussion followed on the floor.
A vote on the resolution resulted as follows: Carried Unanimously
HUMAN SERVICES COMMITTEE:
Playgroun Camp at Nort east School
By Al erperson Peterson: Second by Alderperson n funding
WHEREAS, the Town of Ithaca is not participating in funding
for the Youth Bureau in 1988, and
WHEREAS, the Youth Bureau, in the past, has held a summer
playground camp in the Town of Ithaca, and
WHEREAS, Youth Bureau staff has requested a Common Council
decision on the continuence of this program; now, therefore,
be it
RESOLVED, That the Northeast School playground summer program
be held under the following conditions:
1. The Youth Bureau staff and Advisory Board decide
that they wish to conduct the program,
2. Participants pay the triple rates if they are not
City residents, and
3. The Town of Ithaca agrees to cover any deficit costs
not covered by program fees as determined by the City
Controller.
Discussion followed on the floor.
A vote on the resolution resulted as follows:
Carried Unanimously
California Grape Boycott - Report
Alderperson Peterson reportea t at the committee has met with
a grape shipper and a grape grower. The committee reaffirmed
the stand that was taken at Council last month, reaffirmed
their support of New York grapes and stressed that the boycott
in not on New York grapes. If anyone wants more information
she asked them to meet with her.
Homeless Task Force
Al erperson Lytel stated that on May 2S there will be a meeting
for everyone who has anything at all to do with homelessness in
Ithaca. He asked that a representative from Council attend
this meeting. Information will be forthcoming regarding the
time and place. Alderperson Booth indicated he would attend
the meeting.
16.1
-17- May 4, 1988
BUDGET AND ADMINISTRATION COMMITTEE: 125
Finance Department Annual Report 18.1
By Alderperson Schlather: Seconded by Alderperson Killeen
RESOLVED, That this Common Council acknowledges the receipt of the
1987 Finance Department Annual Report.
Carried Unanimously
Audit
By Alderperson Schlather: Seconded by Alderperson Killeen 182
RESOLVED, That the bills presented as listed on Audit Abstract
#8/1988, in the total amount of $46,453.69, be approved for payment.
Carried Unanimously
City Tax Bill Enclosure 18.3
By Alderperson Schlather: Seconded by Alderperson Nichols
WHEREAS, the Recycling Education Coordinator has requested
permission to enclose an informational flyer with the second
installment of the 1988 City Tax bill, and
WHEREAS, it is necessary for Common Council to approve all
enclosures; now, therefore, be it
LO RESOLVED, That this Common Council approves and authorizes the
�. enclosure of an informational flyer with the second installment of
the 1988 City Tax bill, as requested by the Recycling Education
LO Coordinator.
Carried Unanimously
M
Q Light Rescue Vehicle Bid 18.4
By Alderperson Schlather: Seconded by Alderperson Johnson
WHEREAS, the Board of Fire Commissioners of the City of Ithaca has
received bids for furnishing a light rescue vehicle, including
equipment for delivery in 1988, and
WHEREAS, the Board of Fire Commissioners has reviewed the bids for
compliance with specifications and recommends acceptance of the
bid received from Saulsbury Fire Apparatus of Tully, New York, in
the net amount of $99,248; now, therefore, be it
RESOLVED, That Saulsbury Fire Apparatus of Tully,-New York be
awarded the contract for furnishing a light rescue vehicle,
including equipment, for its net bid of $99,248, and be it further
RESOLVED, That payment for this vehicle, including equipment,
be made from Capital Reserve #15 - Fire Engines.
Carried Unanimously
Renovatons e Engines Bid 18.5
By Alderper blather: Seconded by Alderperson Johnson
WHEREAS, thy: d of Fire Commissioners of the City of Ithaca
has received bids for renovations to Engine 909 and Ladder Truck
933, and
WHEREAS, the Board of Fire Commissioners has reviewed the bids
for compliance with specifications and recommends acceptance
of the bids received from Nuttall Equipment Company of Sherman,
New York, for renovations to Engine 909, in the amount of
$34,782 and Ladder Truck 933, in the amount of $34,948; now,
therefore, be it
RESOLVED, That Nuttall Equipment Company of Sherman, New York,
be awarded the contract for providing renovations to Engine 909,
(600,11 in the amount of $34,782, and Ladder Truck 933, in the amount of
$34,948, and be it further
RESOLVED, That payment for these renovations be made from Capital
Reserve #15 - Fire Engines.
Carried Unanimously
1. 2 f►
-lg- May 4, 1988
Request to Bid Fire Vehicles 18.0
By Alderperson Sc lat er- Seconded by Alderperson Johnson
RESOLVED, That this Common Council authorizes the Board of
Fire Commissioners to seek bids for the following vehicles,
in accordance with the Fleet Replacement Schedule as proposed
by the City Controller:
1. Heavy Rescue Vehicle to replace present 1981
Engine 901.
2. Pumper to replace present 1971 Engine 905.
3. Pumper to replace present 1968 Engine 906.
Carried Unanimously
Request to Bid Construction of 2 New Fire Stations l�
By Alderperson Sc latter: Secon ed by —Alderperson Johnson
RESOLVED, That this Common Council authorizes the Board of
Public Works to seek bids for the construction of two new
fire resistent stations.
Carried Unanimously
Request to Bid Renovations to Existing Fire Stations 18.8
By Alderperson Sc lat er: Secon ed y Al erperson Johnson
RESOLVED, That this Common Council authorizes the Board of
Public Works to seek bids for renovations to Central, Number
9 and Number 7 Fire Stations.
Carried Unanimously
Youth Bureau Authorized Equipment List 18.9
By Alderperson Schlat er: Seconded by Alderperson Cummings
RESOLVED, That the 1988 Authorized Equipment List for the
Youth Bureau be amended to include the purchase of one IBM
Wheelwriter Typewriter, at a cost not to exceed $824, as requested
by the Acting Youth Bureau Director, and be it further
RESOLVED, That an amount not to exceed $824 be transferred
within the Youth Bureau Budget from Account A7310 -110, Staff
Salaries, to Account A7310 -210, Office Equipment.
Carried Unanimously
Maintenance of Sidewalks 18.10
By Al erperson Sc lat er: Seconded by Alderperson Cummings
WHEREAS, the New York State Department of Transportation proposes
the construction of Route 13, Meadow Street, S.H. C64 -10,
S.H. C64 -11 and S.H. C58 -03 in the City of Ithaca, and
WHEREAS, the State will include as part of the construction,
reconstruction or improvement of the above mentioned project
the construction of sidewalks, pursuant to Section 10, subdivision
22, of the Highway Law, as shown on the contract plans relating
to the project, and
WHEREAS, the service life of the relocated and /or replaced
utilities has not been extended, and
WHEREAS, the State will provide for the reconstruction of
the above mentioned work, as shown on the contract plans relating
to the project; now, therefore, be it
RESOLVED, That the City of Ithaca approves the construction
of such existing sidewalks and the above mentioned work performed
on the project and shown on the contract plans relating to
the project, and that the City of Ithaca will maintain or
cause to be maintained the newly constructed or reconstructed
sidewalks performed as above stated and as shown on the contract
plans, including the control of snow and ice, and be it further
RESOLVED, That this construction and reconstrution comply
with the City policy for handicapped arc— s-i.bil -ity and be
it further
-19- May 4, 1988 127
RESOLVED, That the Clerk of this Council is hereby directed
to transmit two (2) certified copies of the foregoing resolution
to the State Department of Transportation.
Carried Unanimously
Building Department Personnel Roster
By Alderperson Schlat er: Seconde by Alderperson Cummings
RESOLVED, That the Building Commissioner be authorized to
hire one (1) Building Inspector and one (1) Housing Inspector
as replacements for two (2) retirements that will take place
this Fall, and be it further
RESOLVED, That $15,000 be transferred from A1990, Restricted
we Contingency, to Building Department Account A3620 -110, Staff
Salaries.
Carried Unanimously
REPORT OF SPECIAL COMMITTEES AND COUNCIL LIAISONS:
T It
Alderperson Peterson reminded Council members to submit recipes
for the RSVP Centennial Cookbook.
M Conservation Advisory Council
Iq Alderperson Peterson presented the following resolution on
LD Southwest Park from the Conservation Advisory Council:
M "WHEREAS, no official decision has been reached regarding
Q the fate of Southwest Park, and
WHEREAS, the Department of Public Works is using the northern
portion of the park as a dump for public works refuse, and
WHEREAS, the Department of Public Works believes that the
purpose of this dumping is to save money and to raise the
level of the park for possible future use as a park, and
(4000" WHEREAS, the City is fairly well- endowed with grassy parks
but not with woodlands, and
WHEREAS, the trees in the southern portion of the park are
being knocker? :own to accommodate the refuse, and
WHEREAS, the Liepartment of Public Works cannot restrict its
operations to the central portion of the dump area (thus saving
the woods) without being directed to do so by Common Council;
now, therefore, be it
RESOLVED, That Common Council direct the Department of Public
Works to confine its activities to the central portion of
the dump area and discontinue pushing back the edge of the
woods, and be it further
RESOLVED, That Common Council direct the Department of Public
Works to avoid dumping in areas of the park that have recovered
to a natural state.
Discussion followed on the floor. It was noted that the area
just inside the park entrance where gravel is being stored
and where street - cleaning trucks dump their loads perhaps
could continue to be used in this way as long as no more trees
are knocked down.
Resolution to Refer to Committee
By Alderperson Peterson: Secon ed by Alderperson Johnson
RESOLVED, That the resolution from the Conservation Advisory
Council. regarding the Southwest Park be referred to the Planning
and Development Committee for review and report back to Council.
Ayes (9) - Booth, Cummings, Lytel, Nichols, Kileen, Peterson,
Johnson, Romanowski, Hoffman
Nay (1) - Schlather
Carried
18.11
20.1
-20- May 4, 1988
128
NEW BUSINESS:
Lan strom Landfill
Al erperson Ho man stated that he would like the city to
start the process of investigating what legal alternatives
the city would have if the Landstrom Landfill closes in June.
Resolution
By Alderperson Hoffman: Seconded by Alderperson Nichols
RESOLVED, That the matter of investigating legal alternatives
for disposal of city municipal solid waste in the event that
Landstrom Landfill is closed be referred to the Department
of Public Works and Board of Public Works. Carried Unanimously
Executive Session
By Al erperson Booth: Seconded by Alderperson Schlather
RESOLVED, That the Common Council adjourn into Executive Session
to discuss a personnel matter. Carried Unanimously
ADJOURNMENT:
Council adjourned into Executive Session at 11:35 p.m.
6mllista F. Paolange; i
City Clerk
J
129
COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Special Meeting 7:00 P.M. May 25, 1988
PRESENT:
Mayor Gutenberger
Alderpersons (9) - Booth, Cummings, Hoffman, Johnson, Killeen,
Lytel, Nichols, Romanowski, Schlather
ABSENT:
Alderperson Peterson (excused)
OTHERS PRESENT.
City Attorney Nash
Planning and Development Director - Van Cort
City Clerk.- Paolangeli
Planning and Development Deputy Director - Mazzarella
City.-Planner - Jones,
LO
PLEDGE OF ALLEGIANCE:
Mayor Gutenberger led all
� Y g present iTF=the Pledge of Allegiance to
the American flag,
m ADDITIONS TO THE AGENDA:
Executive Session
Mayor- ,Gutenberger requested the addition of an Executive Session
at the end of the meeting to discuss_ a personnel matter and a
possible contract for purchase of property.
No Council member objected.
COMMUNICATIONS FROM THE MAYOR:
Centennial
Mayor Gutenberger reported that he has been. going around to the
Towns 'and Villages in the County with Centennial trees. He
stated- that there was a very nice reception and resolution from
Dryden. Copies of that resolution have been sent on to the
Alderpersons. He read the following excerpt from 'a resolution
that was received from the Freeville Village Board:
"RESOLVED, That the Board of Trustees on behalf of the residents
of the Village of Freeville hereby extends congratulations.to the
people of the City of Ithaca on the occasion of their Centennial
Celebration and extend warmest wishes for their continued
prosperity and success, and be it further
RESOLVED, That June 1, 1988 be proclaimed "Ithaca Centennial Day"
in the Village of Freeville and that the citizens of Freeville
be urged to pause on that day and join our sister municipality in
their celebration and join in the community spirit that has made
Ithaca the great cultural and commercial center of our county."
Mayor Gutenberger further stated that as these communications
come in from the Towns and Villages in the County that he would
like to have them framed and displayed in Council Chambers. He
also asked Council members to assemble at 6:45 p.m. on June 8th
for a group picture to be placed next to the portrait of the
Council of 1888.
SPECIAL ORDER OF BUSINESS:
Cherry Street Industrial Park - Evaporated Metal Films, Inc
Lease /Sale Agreement
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 Ithaca Urban Renewal Agency has examined the
qualifications of respondents and evaluated their responses per
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Section 1(c) of said procedure, and
WHEREAS, the Cherry Street Industrial' Park was developed to
encourage the retention and expansion of local area industries,
and
WHEREAS, Evaporated Metal Films, Inc. desires to acquire 1.48+/ -
acres. on the east side of the park to accommodate its expansion
needs, and
WHEREAS, the Urban Renewal Agency and Common Council have
reviewed the terms of the proposed lease /sale agreement, and a
public - hearing pursuant to said agreement has been held; now,
therefore, be it
RESOLVED, That Common Council does hereby designated Evaporated
Metal Films a. qualified sponsor for 1.48+/- acres in the Cherry
Street Industrial Park, and does accept the terms of the proposed
Tease /sale agreement, 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 withhe 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 Chair of the Ithaca Urban Renewal Agency be
and hereby is authorized and directed upon. advice of the City
Attorney and Director of Planning and Development to execute all
instruments necessary for effectuation of this land disposition.
Discussion followed on the tloor.
Alderperson Schlather referred to the liability insurance clause
in the agreement. He stated that the amount of the liability is
a good figure for today but he wondered if there was a mechanism
to adjust that figure upward in the future.
City Attorney Nash replied that no provision has been made for
such an adjustment at a future date.
Alderperson Schlather asked that the Ithaca Urban Renewal Agency,
in future leases for Industrial Parks, figure out a way to adjust
the liability insurance.
Alderperson .Booth stated that -he cannot support the resolution.
He stated that he thinks the terms of these leases are very
disadvantageous to the city in the long term. Although he
supports what Evaporated Metal Films intends to do he cannot
vote.in favor the resolution.
A vote on the resolution resulted as follows:
Ayes (8) - Schlather, Nichols, Johnson, Lytel, Cummings,
Hoffman, Romanowski, Killeen
Nay (1) - Booth
Carried
EXECUTIVE SESSION
By Alderperson Schlather: Seconded by Alderperson Johnson
RESOLVED, That this Council adjourn into Executive Session to
discuss a personnel matter and a possible contract for property
purchase.
Carried
ADJOURNMENT
Council adjourned into Executive Session
Callista Paolangel
City Clerk