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HomeMy WebLinkAboutMN-CC-1989-07-05rya COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK MAYOR'S APPOINTMENTS: Conservation Advisory Council Mayor Gutenberger requested Council's approval for the appointment of J. Keith Waldron, 896 Cayuga Heights Road, to the Conservation Advisory Council with a term to expire December 31, 1989. Resolution By Alderperson Peterson: Seconded by Alderperson Killeen RESOLVED, That this Council approves the appointment of J. Keith Waldron to the Conservation Advisory Council with a term to expire December 31, 1989. Carried (9 -0) Planning and Development Board Mayor Gutenberger requested Council's approval for the appointment of David Gooding, 105 Eddy Street, to the Planning and Development Board with a term to expire December 31, 1989, to replace Martin Sampson who has resigned. Regular Meeting 7:00 P.M. July 5, 1989 PRESENT: Mayor Gutenberger Alderpersons (9) - Booth, Cummings, Johnson, Nichols, Hoffman, Killeen, Peterson, Schlather, Romanowski ABSENT: Alderperson Lytel OTHERS PRESENT: City Attorney - Nash City Clerk - Paolangeli City Controller - Cafferillo Director, Planning and Development - Van Cort Deputy Director, Planning and Development - Mazzarella t" Police Chief - McEwen Personnel Administrator - Walker Building Commissioner - Datz Fire Chief - Olmstead Assistant Superintendent of Public Works - Fabbroni Director, Youth Bureau - Cohen Board of Public Works Commissioner - Reeves PLEDGE OF ALLEGIANCE: Mayor Gutenberger led all present in the Pledge of Allegiance to the American flag. MINUTES: Addition to Minutes of June 7, 1989 Common Council Meeting Alderperson Peterson (for Alderperson Lytel) requested that on page 17, under 17.1, Shelter for Homeless, the following be added to the end of the paragraph that begins 'Alderperson Lytel argued': "Work that Kathy Evans is doing is investigatory work leading to a possible application to the State for money for a new shelter. The $3,000 does not buy the City a completed application." of Minutes of June 7, 1989 Common Council Meeting _Approval By Alderperson Schlather: Seconded by Alderperson Booth RESOLVED, That the Minutes of the June 7, 1989 Common Council meeting be approved with the above addition. Carried (9 -0) MAYOR'S APPOINTMENTS: Conservation Advisory Council Mayor Gutenberger requested Council's approval for the appointment of J. Keith Waldron, 896 Cayuga Heights Road, to the Conservation Advisory Council with a term to expire December 31, 1989. Resolution By Alderperson Peterson: Seconded by Alderperson Killeen RESOLVED, That this Council approves the appointment of J. Keith Waldron to the Conservation Advisory Council with a term to expire December 31, 1989. Carried (9 -0) Planning and Development Board Mayor Gutenberger requested Council's approval for the appointment of David Gooding, 105 Eddy Street, to the Planning and Development Board with a term to expire December 31, 1989, to replace Martin Sampson who has resigned. 30 2 July 5, 1989 Resolution By Alderperson Killeen: Seconded by Alderperson Booth RESOLVED, That this Council approves the appointment of David Gooding to the Planning and Development Board with a term to expire December 31, 1989. Carried (9 -0) Mr. Gooding took the oath of office and was sworn in by City Clerk Paolangeli. ADDITIONS TO THE AGENDA: New Business Alderperson Johnson requested that Item 21.3, a resolution regarding the closing of the psychiatric unit at Tompkins Community Hospital, be added to the agenda. No Council member objected. Budget and Administration Committee Alderperson Schlather noted that there is an amendment to Item 16.24, Renewal Contract with Blue Cross /Blue Shield. No Council member objected. Charter and Ordinance Committee Alderperson Booth requested the addition of Items 17.4, Report on City's Environmental Review Ordinance and 17.5, Report on City's Noise Ordinance. No Council member objected. DELETIONS FROM THE AGENDA: Budget and Administration Committee Alderperson Schlather requested the deletion of Item 16.8, Resolution requesting appointment of Engineering Technician. No Council member objected. PETITIONS AND HEARINGS OF PERSONS BEFORE COMMON COUNCIL: GIAC Renovations Diann Sams, 412 Hector Street, addressed the Council and stated that she wanted to clarify the GIAC Board of Directors position on renovations to GIAC. She read the following statement: "We as a Board, as a whole, would like to state that we are all in support of Day Care and recognize the need. We also recognize the need for after - school care programming for children 4 to 12 and 13 to 18. We are saying that if day care expands in the building, as planned, we cannot service these groups in the capacity that we have been. We would have to cut back on program services and the number of children served. Our adult program would be seriously affected also. Our stance is that we recognize the loss that we would have. We had to evaluate the kinds of services we could offer and to whom. Considering this day and age of child abuse, drugs, crime, teen pregnancies, and suicide with confused youngsters we felt we could not afford to offer any less to these children, but really need to offer more. Our question is, if we cannot continue to offer a place for these youngsters to go, where will they go? Does the library, once again, want to assume a place for them? Do our store owners want to see them wandering in and out of their stores? Do our neighbors want to see them walking the streets or become what is now known as 'latch -key children"? We certainly have as much a commitment to children as any. After a child enters a day care center at six months in less than 4 years we see them at GIAC. 3� 3 July 5, 1989 Only if we have space, and we must be allowed to continue to have space, can we continue to accommodate these children. We at GIAC recognize day care but also recognize the needs of all children we serve. I urge you to please re -read your copy of the Memorandum of Understanding between the Drop -in Child Care Center and the GIAC, in regard to the spacing agreement. Also I encourage you to re- read Linda Sterk's extensive report on spacing at GIAC." [•.s. Sams also said that the School District needs to have some kind of information as to whether the City plans on investigating the possibility of using Markles Flats for day care and if so they need to know because they do have tenants in that building. Paul Sayvetz, 201 Elm Street, spoke regarding the Strand Theatre. He said that he thinks there is a strong grass -roots desire for that building to get saved even if it has to be moth- balled for a number of years until we become more enlightened as a community and see the value of the building. He said that he was at both of the inspection tours of the building and he thinks that it is in much better condition than what has been reported. Southwest Park Mr. Sayvetz also spoke of the new 'No Trespassing' signs at Southwest Park. He referred to the Land and Water Conservation Fund Grants Manual and cited that "the facility shall be kept open for public use at reasonable hours and times of the year, according to the type of area or facility ". He said that he thinks the padlock on Southwest Park should be removed and that the signs should be taken down. Housing Issues in the City The following persons spoke to Council regarding housing issues in the City of Ithaca: Valerie MacDougall - 315 South Albany Street John Schroeder - 618 Stewart Avenue Fay Gougakis - 412 Tompkins Street Jeanne Fudala - 615 North Aurora Street RESPONSE TO THE PUBLIC: Shade Tree Committee Alderperson Cummings requested Council to work on the landscape guidelines and the issue of trees on private property. Tree Ordinance Nina Bassuk, 1345 Mecklenburg Road, Chair of the Shade Tree -� Advisory Committee, spoke in support of the Shade Tree Ordinance lD and urged the Council to pass the ordinance. Mayor Gutenberger thanked Nina Bassuk and the Committee for all the work that went into the report and the Ordinance. < Housing Crisis in City John Efroymson, 420 North Cayuga Street, representing an organization called 'The Affordable Housing Agenda', addressed Council. He stated that they have collected over the last couple of months over 200 signatures on a petition which he presented to Mayor Gutenberger. The petition is asking the City to take some real serious steps now. He referred to several points that need to be addressed by the City, such as Building Codes, Certificates of Occupancy,etc. Mr. Efroymson also spoke on rent control and tenants rights. Strand Theatre Joseph Moore, 706 South Plain Street, spoke to Council and urged the preservation of the Strand Theatre as a Performing Arts Center. Paul Sayvetz, 201 Elm Street, spoke regarding the Strand Theatre. He said that he thinks there is a strong grass -roots desire for that building to get saved even if it has to be moth- balled for a number of years until we become more enlightened as a community and see the value of the building. He said that he was at both of the inspection tours of the building and he thinks that it is in much better condition than what has been reported. Southwest Park Mr. Sayvetz also spoke of the new 'No Trespassing' signs at Southwest Park. He referred to the Land and Water Conservation Fund Grants Manual and cited that "the facility shall be kept open for public use at reasonable hours and times of the year, according to the type of area or facility ". He said that he thinks the padlock on Southwest Park should be removed and that the signs should be taken down. Housing Issues in the City The following persons spoke to Council regarding housing issues in the City of Ithaca: Valerie MacDougall - 315 South Albany Street John Schroeder - 618 Stewart Avenue Fay Gougakis - 412 Tompkins Street Jeanne Fudala - 615 North Aurora Street RESPONSE TO THE PUBLIC: Shade Tree Committee Alderperson Cummings requested Council to work on the landscape guidelines and the issue of trees on private property. c 4 July 5, 1989 Alderperson Nichols thanked the Shade Tree Committee and noted that the ordinance comes with the support of the Board of Public Works. On the question of Southwest Park, he thinks the Council needs an answer to Mr. Sayvetz's question. He asked for a report on that issue as soon as possible. Affordable Housing Alderperson Romanowski spoke on the affordable housing issue and asked for clarification as to what the public means when they talk about affordable housing. Maplewood Apartments /Cornell University Mayor Gutenberger stated that he has met with Cornell University regarding the Maplewood Apartments going up at the old Cornell Quarters. He has insisted that Cornell University fulfill its commitment to this community to put graduate student housing in the Maplewood Apartments. REPORT OF CITY BOARDS COMMITTEES AND COMMISSIONS: Rental Housing Task Force Steve Jackson, 142 Giles Street, Chair of the Rental Housing Task Force, presented the final report to the Council from the Rental Housing Task Force. He commented on components of the report. Mayor Gutenberger thanked Mr. Jackson, Alderperson Killeen and members of the committee for all the work that went into this study. Mr. Jackson answered questions from Alderpersons regarding this study. Board of Public Works Commissioner Reeves reported on the following for the Board of Public Works: "No Trespassing" Signs at Southwest Park - Comm. Reeves stated that the reason for the "No Trespassing" signs and the locked gate at Southwest Park was that there was quite a bit of unauthorized dumping of trash in the park by unknown persons. Recycling - Comm. Reeves stated that the City pick up of recyclable materials will be expanded this Fall to include plastics. Lynn Leopold, Recycling Coordinator, is working on the publicity. It will be on a voluntary basis, it will not be part of the mandatory recycling program, at this time. Re- bricking of Stewart Avenue - Comm. Reeves reported that the Streets and Facilities highway crews have been working on the re- bricking of Stewart Avenue. Transit Roadeo - Comm. Reeves reported that the Transit Roadeo was held on June 11th at Cass Park. There were six transit systems involved. The entire Roadeo was a great success. Privatization Issue - Comm. Reeves referred to Item 21.1, under New Business on tonight's agenda. She stated that the Board of Public Works wishes to proceed with the investigation into privatization. She said that the Board had a copy of a letter from Ron Denmark at the Wastewater Treatment Plant to Larry Fabbroni dated July 5, 1989 regarding this subject. The letter reads as follows: "In circumstances such as this there are always a great deal of rumors and I would like to inform you of my position on this matter and hope that you will consider the opinion of the staff at this facility when making a final decision in this matter. I feel strongly that we should discuss the matter with a representative from a contracting firm. I would very much like to hear directly from such a representative as I know some •e� 5 July 5, 1989 operators from privately operated wastewater treatment facilities that speak highly of privatization. After talking with such a representative I would like to request that the City involve the employees in any decision they make and the signatures below represent interest in privatization by allowing a representative to discuss the possibilities ". Comm. Reeves stated that there are 11 signatures on the letter. She said that the employees and staff will be taken into consideration and the Board of Public Works will continue to seek input from all involved. She stated that the Board of Public Works strongly urges Council to vote "No" on Alderperson Nichols' resolution in which he recommends the Board of Public Works be denied the opportunity to investigate the privatization issue. Comm. Reeves answered questions from Council. Discussion followed on the floor regarding the recycling of ,rn plastics and why it is not being made mandatory. Asst. Supt. Fabbroni answered questions from Council on this matter and indicated staff would be studying the matter further. Alderperson Cummings thanked the Board of Public Works and staff for working on the lighting of Council Chambers for the telecasting of Council meetings. Youth Bureau Board Alderperson Booth reported for the Youth Bureau Board that there is a need for people to volunteer to serve on the Youth Bureau Board, to act as policy overseers of the Youth Bureau in its operations. He said that the County Youth Bureau Board is also (tm� in need of members. He urged Council members who have suggestions to make and persons that might be desirous of serving their community in this way to let the Mayor, the Youth Bureau Director Sam Cohen or the County know of their interest. COMMUNICATIONS FROM THE MAYOR: Petition - Banning Cars Mayor Gutenberger stated that there was a petition delivered on June 12 to his office requesting the City of Ithaca to ban all cars from the City. He presented the petition to the City Clerk. Route 96 Update Mayor Gutenberger stated that the report is in its final stage of review and should be received by the end of next week. Community Development Grant Mayor Gutenberger reported that the City of Ithaca was verbally informed that our Community Development Grant application was successful. The grant is for $555,800. CITY ATTORNEY'S REPORT: Sale of the Strand Theater City Attorney Nash reported that the sale of the Strand Theatre which was scheduled for July 7th has been postponed, due to problems meeting all the legal requirements necessary to conduct the sale of that building as they originally envisioned. At this time there is no new date set for the sale. Alderperson Johnson asked if City Attorney Nash could specify what the legal problems are with the sale of the Strand. City Attorney Nash replied that all the owners have not agreed to the sale at this point. Cable Franchise Alderperson Schlather referred to a memo from City Attorney Nash dated June 30, 1989, relative to the cable franchise. He asked about the time frame in regard to approval for the transfer of the franchise to Paramount. The City Attorney said that the time frame is 120 days. Alderperson Schlather requested that the 34 6 July 5, 1989 matter be referred to the Charter and Ordinance Committee and the Cable Commission. Alderperson Schlather asked the following questions of City Attorney Nash: 1. Would he investigate and advise the Council as to whether the City will be able to charge the cost of evaluating the proposed transfer either to ACC or Paramount? 2. Could we also have clarification with respect to the advertising on channel 6, which is now an issue and the question of the franchise fee overpayment, since it appears that we may be running into a potential lawsuit on that issue as well. Alderperson Booth asked if it would be appropriate or feasible for City Attorney Nash and Planning Director Van Cort to scope out what sorts of criteria considerations the City should go through in order to make a judgment as to whether or not we should approve the transfer. Alderperson Cummings wished to clarify that it is not only the advertising on Channel 6 that we are against; it is the whole Channel. Fane Lawsuit Alderperson Killeen referred to the Jason Fane lawsuit regarding 705 East Buffalo Street. He stated that he knows it is working its way through the legal process. He said that he filed a second complaint last week because a new sign has gone up advertising the availability of rooms at that same historic home. He asked City Attorney Nash if there is no way that this matter can be brought to a closure. He asked what is holding up compliance with the 'cease and desist order' that was issued a year ago. City Attorney Nash stated that one of the problems has been the scheduling of a re- inspection of the premises. It was initially inspected in December 1988 to see if it then complied with the applicable codes as a multiple residence and the Building Commissioner took the position that since it seemed to be occupied as a fraternity, which would have different requirements, he did not want to inspect it as a multiple residence. He said that he hopes it will be re- inspected within the next two weeks so at least the City can ascertain whether it now meets Building and Housing Code requirements. City Attorney Nash further stated that the Court case, of course, involves past violations and whether or not it is now legal does not remedy the fact that it once was illegal, as the City contends. The process is long and drawn out. The matter is scheduled to return to Court on July 21st to dispose of the final motions in the case and a trial date will be set at that time. Further discussion followed on the floor between Alderperson Killeen and City Attorney Nash. Building Commissioner Datz answered questions from the floor. HUMAN SERVICES COMMITTEE: GIAC Renovations - City Contract - Report Alderperson Peterson stated that the Human Services Committee voted to proceed on the renovations as long as there was adequate funding set aside through our budget process to cover all the renovations that were necessary for GIAC programs and to provide for expanded day care. The GIAC Board, however, have come up with more concrete figures as to use of space which the committee needs to examine thoroughly. I rn c� :9 7 July 5, 1989 Alderperson Peterson said that she has sent a letter to the School Board and the Board of Representatives asking about the Markles Flats building, both for day care and for GIAC programs. The old jail was also mentioned, as it has been renovated into child care space. She further stated that Meadow House will be vacant because the facility will be moved to the new Mental Health building, so we might want to keep that in mind for child care space. Alderperson Peterson further stated that tied in with the discussion on day care and GIAC renovations, there has been a subcommittee meeting to talk about a contract that would be signed between the City and GIAC. There has been contract proposals for 6 or 7 years and we have never signed one. The final suggested language, with a couple of key questions, has been sent to City Attorney Nash for his review. Alderperson Johnson remarked that as a member of that committee, �.i.i he thinks it is important that it be noted that there were f! several members who were very concerned that we had spent an extensive amount of money on recommendations and an architect's s report and that the concerns for the programs were not taken into account at the time that study was done. Mayor Gutenberger stated that there was a lot of discussion on the programs at GIAC but the space allocation report never got done as it was supposed to. Alderperson Schlather noted that there was a Comprehensive Facilities Committee that had met at GIAC, under Bob Cutia. There were representatives of staff, the Youth Bureau, and the Board of Public Works to discuss the reuse and renovation of that facility. The end;1�esu_�l/t was that architect, Bob Boehlecke, was commissioned to,idt the renovatiOns. It should be understood that at that time the GIAC facility was being used for GIAC purposes only on the first floor. The second floor was being rented out to EOC, and in fact, had only then become vacant. As a consequence there was some discussion by GIAC about moving some of its programs temporarily up to the second floor. Alderperson Schlather further stated that at the time it appeared very reasonable to accommodate the drop -in center as a full time day care center on the first floor provided that we could assure GIAC programs full access to the second floor by means of an elevator. He said that now there is some concern that GIAC programs have expanded significantly but he certainly would not suggest that at the time that the original studies were done, that they were done without adequate information. It was done very comprehensively and there is still some disagreement on the Board as to whether or not we cannot accommodate the drop -in center as a full time program on the first floor. Homeless Shelter - Report Alderperson Peterson reported that the sub - committee on the permanent homeless shelter has been meeting regularly. They expect to have some money from EOC to help defray a substantial portion of the cost of the Southside Shelter for 1989 -90. The sub - committee is also going to look at the usage and client profiles of Southside as compared to the Red Cross Shelter. She said that the sub - committee would also like Southside to approach the Department of Social Services to ask about DSS reimbursements for clients who use Southside as DSS reimburses clients who use Red Cross or the motels. Further discussion followed on the floor on exploring the Markle Flats building as an alternative. Alderperson Peterson remarked that she thinks it space allocation at is now time to GIAC. It may look at Linda Sterk's be time to have an study of architect look at that and see if there is some space that has been overlooked. Homeless Shelter - Report Alderperson Peterson reported that the sub - committee on the permanent homeless shelter has been meeting regularly. They expect to have some money from EOC to help defray a substantial portion of the cost of the Southside Shelter for 1989 -90. The sub - committee is also going to look at the usage and client profiles of Southside as compared to the Red Cross Shelter. She said that the sub - committee would also like Southside to approach the Department of Social Services to ask about DSS reimbursements for clients who use Southside as DSS reimburses clients who use Red Cross or the motels. 36) 0 July 5, 1989 Alderperson Peterson said that there will be additional requests both from the City and County Human Service fundings for emergency shelters. We need to think about what our priorities as a city should be for human services funding. * 14.3 Support for "Housing Now!" By Alderperson Peterson: Seconded by Alderperson Johnson WHEREAS, the City Council has recognized the community's need for available, affordable housing for many sectors of the public, including the most needy and homeless, and WHEREAS, a local effort spearheaded by the "Housing Now!" Coalition is underway to stimulate participation in both national and local efforts to attack the housing crisis, and WHEREAS, Common Council's encouragement of such grass -roots involvement in housing issues is consistent with and beneficial to its own work on affordable housing; now, therefore, be it RESOLVED, That Common Council urges support for the "Housing Now! "Coalition efforts, including participation in their meetings and a special rally to be held September 9, 1989, and be it further RESOLVED, That the "Housing Now!" Coalition be invited to the September 6, 1989 Council meeting to report on its local progress regarding their agenda on tackling the housing crisis. Carried (9 -0) PLANNING AND DEVELOPMENT COMMITTEE: Hydropower - Report Alderperson Cummings reported that they are waiting for the Van Natta Dam proposals to come back. They hope to have a recommendation on Van Natta Dam in time for the August Council meeting. Alderperson Cummings referred to the Fall Creek designation and stated that it appears that the strategy of designating the river as a mechanism to prevent hydropower seems very questionable. She further stated that as a Council we have an obligation to do two things - to make sure that what goes in there is carefully controlled and environmentally compatible and a financial obligation to the city to check out where the negotiations with NYSEG are on this. She asked that if people have concerns and questions they should be directed to Alderperson Hoffman and the Hydropower Commission. Discussion followed on the setting of boundaries for designation of Fall Creek. Alderperson Hoffman remarked that the Citizens Group cannot decide on the boundaries. They can simply make recommendations to the State, as the City can also do. Mayor Gutenberger remarked that the final setting of the boundaries must also go through the Public Hearing process so that everyone has the opportunity to be heard. He further stated that staff is working on many questions at the State and Federal level. Alderperson Cummings requested that we look seriously at the European style Hyrdo - plant. Alderperson Hoffman replied that this is being done. * 15.2 West Hill Master j?-Lan Environmental Review By Alderperson Cummings: Seconded by Alderperson Killeen WHEREAS, the Department of Planning and Development has prepared a new master plan for the West Hill portion of the City of Ithaca, and 0J July 5, 1989 WHEREAS, the State Environmental Quality Review Act and the City of Ithaca's Environmental Quality Review Ordinance require that an environmental review of the West Hill Master Plan be completed before its adoption, and WHEREAS, the Board of Planning and Development has requested that Common Council designate the Planning and Development Board as lead agency for the environmental review of the West Hill Master Plan; now, therefore, be it RESOLVED, That the Board of Planning and Development is hereby designated as the lead agency for the environmental review of the West Hill Master Plan. Alderperson Schlather asked if there was any discussion about dove - tailing this environmental review with the generic environmental review that we were talking about with Mr. Nolan. He said that it seemed to him that a key component of his tom) proposal is exactly that kind of environmental review; a so- called generic environmental review that could be then used as a key document in evaluating development proposals within a master plan area. `{ Deputy Director Mazzarella stated that while we have not come up with the exact subjects on this environmental review for the West Hill Master Plan, he thinks that a lot of the attention will be focused on the impact of roads and traffic, public utilities, emergency vehicle access and similar kinds of subjects which he does not think will be the subject of Mr. Nolan's generic environmental impact statement which will deal primarily with housing development and affordibility of housing. (400.", Alderperson Schlather remarked that another concern of his is the question of lead agency and the question of giving up of a certain amount of authority. He said that it may very well be that as part of the master plan, especially with respect to the lower parts of West Hill, there is going to be a request for rezoning certain areas. He would hate to be in the position of having the Planning Board say to the City 'we will not sign off on this West Hill Master Plan unless you agree to rezone lower parts of West Hill'. He would not want the City to have to do something at the behest of the Planning Board simply because we want to get the Master Plan approved. He thinks Common Council should reserve unto itself that kind of policy making decisions as opposed to the Planning Board. Alderperson Cummings responded that this was discussed and the sense of going with the Planning Board was because it is the agency that has been involved thus far in bringing this project along, and is capable of doing a very close scrutiny in the review. Further discussion followed on the floor. Amending Resolution By Alderperson Schlather: Seconded by Alderperson Romanowski (awel RESOLVED, That the third Whereas be stricken and that the Resolved be changed to read: "RESOLVED, That Common Council be, and it is hereby designated, as the lead agency for the environ- mental review of the West Hill Master Plan." Discussion followed on the amendment. A vote on the amending resolution resulted as follows: Ayes (3) - Schlather, Romanowski, Peterson Nays (6) - Booth, Cummings, Nichols, Johnson, Killeen, Hoffman Motion Defeated (3 -6) q� 10 July 5, 1989 Main Motion A vote on the Main Motion resulted as follows: Ayes (7) - Cummings, Nichols, Johnson, Booth, Hoffman, Peterson, Killeen Nays (2) - Schlather, Romanowski Carried (7 -2) * 15.3 Amendments to Section 30.3 30.21 30.25 and 30.26 of the Zoning Ordinance (R -2c zone) By Alderperson Cummings: Seconded by Alderperson Killeen RESOLVED, That Ordinance Number 89 - entitled "An Ordinance Amending Sections 30.3, 30.21, 30.25 AND 30.26 of Chapter 30 Entitled 'Zoning' of the City of Ithaca Municipal Code" be and it hereby is introduced before the Common Council of the City of Ithaca, New York, and RESOLVED, That the Common Council shall hold a public hearing in the matter of the adoption of the aforesaid ordinance to be held at the Common Council Chambers, City Hall, 108 East Green Street, Ithaca, New York on Tuesday, August 1, 1989 at 7:00 p.m., and RESOLVED, That the City by the publication of specifying the time when will be held, and in ordinance. Such notice days prior to the public Clerk give notice of such public hearing a notice in the official newspaper, and the place where such public hearing general terms describing the proposed shall be published once at least fifteen hearing, and be it further RESOLVED, That the City Clerk shall transmit forthwith to the Board of Planning and Development and the Tompkins County Planning Board a true and exact copy of the proposed ordinance for its report thereon. ORDINANCE NO. 89 - AN ORDINANCE AMENDING SECTIONS 30.3, 30.21, 30.25 AND 30.26 OF CHAPTER 30 ENTITLED 'ZONING' OF THE CITY OF ITHACA MUNICIPAL CODE. BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, New York as follows: SECTION 1. AMENDING SECTION 30.3, DEFINITIONS. 1. That the definition for "Dwelling, one - family" shall be amended to read as follows: "'Dwelling, one - family' shall mean a dwelling unit occupied exclusively for residential purposes by an individual or family and not more than one (1) unrelated individual, or a functional family unit. In the R -1 zones, occupancy by an individual or a family plus not more than two (2) unrelated individuals is permitted if the dwelling is owner - occupied. In the R -2 and R -3 zones, occupancy by an individual or a family plus not more than two (2) unrelated individuals is permitted. A one - family dwelling may be constructed in any of the following configurations, as permitted in specific zoning districts: A. One - family detached dwelling - A building containing not more than one dwelling unit. B. One - family detached dwelling, zero lot line - A building containing not more than one dwelling unit which is sited so that the side of the building is on or near the side property line of the parcel on which it is built. C. One - family semi - detached dwelling - A building containing not more than two one - family dwellings, each lr� r)r/ 11 July 5, 1989 of which shares a party wall or other common structural elements with the other dwelling unit in the building. D. One - family attached dwelling - A building containing three or more one - family dwellings, each of which shares one or more party walls or structural elements with the other one - family dwellings in the building. A maximum of six (6) dwelling units may be attached to form a single building. 2. That a new definition for "Legal Occupant ", be added as follows: 11104. 'Legal Occupant' shall mean a person that is permitted to reside in a dwelling unit or building that contains s habitable space. The minimum amounts of habitable space that are required for legal occupancy by one or more persons are shown in Section 27.9 of the City of Ithaca Municipal Code." r . SECTION 2. AMENDING SECTION 30.21, ESTABLISHMENT OF ZONING DISTRICTS. That Section 30.21, Establishment of Zoning Districts, be amended to add the following new zoning district, to be inserted after the words 11R -2b Residential ": 11R -2c Residential". SECTION 3. AMENDING SECTION 30.25, DISTRICT REGULATIONS (400.1 1. That Section 30.25, District Regulations Chart, be amended as follows: A. Under Column 2, Permitted Primary Uses, for the R -1 districts, change "One- family dwelling" to "One- family detached dwelling ". B. Under Column 2, Permitted Primary Uses, for the R -2 districts, change "One- family dwelling" to "One- family detached or semi - detached dwelling ". C. Under Column 2, Permitted Primary Uses, add the following: 11R -2c only: Single - family detached dwelling, zero -lot line. R -2c only: Single - family attached dwelling." D. Under Column 2, Permitted Primary Uses, for the R -3 districts, change "One- or two- family dwelling" to "One family detached, semi - detached or attached dwelling or two - family dwelling." E. Under Column 2, Permitted Primary Uses, for the R -U (,move, district, change "One- or two - family dwelling" to "One- family detached, semi - detached or attached dwelling or two - family dwelling." F. Under Column 3, Permitted Accessory Uses, for the R -2 districts, add "3. R -2c only; Private garage for not more than six (6) cars per building." G. Under Column 6, Minimum Lot Size, Area in Square Feet change the following: 1. For the R -la zone, change "One- family dwelling" to "One- family detached dwelling." 40 12 July 5, 1989 2. For the R -lb zone, change "One- family dwelling" to "One- family detached dwelling." Column 7, Minimum Lot Size, Width 3. For the R -2a zone, change "One- or two - family dwelling" to "One- family detached or semi - detached dwelling" to dwelling or two - family dwelling ". "One- family detached dwelling ". 4. For the R -2b zone, change "One- or two - family dwelling" to dwelling" to "One- family detached or semi - detached dwelling or two - family dwelling ". For the R -2a zone, change "One- or two - family 5. For the R -3a zone, change "One- or two - family dwelling" to "One- family detached or semi - detached 4. dwelling or two - family dwelling ". 6. For the R -3b zone, change One- or two - family dwelling or two - family dwelling ". dwelling" to "One- family detached or semi - detached dwelling or two - family dwelling ". 7. For the R -U zone, change "One- family dwelling" to "One- family detached dwelling ". 8. For the R -U zone, change "Two- family dwelling" to "One- family semi - detached dwelling or two - family dwelling ". H. Under Column 6, Minimum Lot Size, Area in Square Feet add under the subdistrict heading "R -2c": "1. One - family detached: 2500 for the first legal occupant, plus 500 for each additional legal occupant. 2. One - family semi - detached: 2000 for the first legal occupant in each dwelling unit, plus 400 for each additional legal occupant in each dwelling unit. 3. One - family attached: 1500 for the first legal occupant in each dwelling unit, plus 300 for each additional legal occupant in each dwelling unit, plus 500 for each additional legal occupant in each dwelling unit in excess of five (5) legal occupants. 4. Two - family dwelling: 2000 for the first legal occupant in each dwelling unit, plus 400 for each additional legal occupant in each dwelling unit. 5. Other uses: 400011. I. Under Column 7, Minimum Lot Size, Width in Feet at Street Line, change the following: 1. For the R -la zone, change "One- family dwelling" to "One- family detached dwelling ". 2. For the R -1b zone, change "One- family dwelling" to "One- family detached dwelling ". 3. For the R -2a zone, change "One- or two - family dwelling" to "One- family detached or semi - detached dwelling or two - family dwelling ". 4. For the R -2b zone, change "One- or two - family dwelling" to "One- family detached or semi - detached dwelling or two - family dwelling ". I V& I rn 41 13 July 5, 1989 5. For the R -3a zone, change "One- or two - family dwelling" to "One- family detached or semi - detached dwelling or two - family dwelling ". 6. For the R -3b zone, change "One- or two - family dwelling" to "One- family detached or semi - detached dwelling or two - family dwelling ". (000, 7. For the R -U zone, change "One- family dwelling" to "One- family detached dwelling ". 8. For the R -U zone, change the "Two- family dwelling" to "One- family semi - detached or two - family dwelling ". J. Under Column 7, Minimum Lot Size, Width in Feet at Street Line, add under the subdistrict heading "R- �� 2 c" : 1. One - family detached: 40 s 2. One - family semi - detached: 50 1�) Q:'l° 3. One - family attached: 50 4. Two - family: 50 5. Other Uses: 40 K. Under Column 8, Maximum Building Height, Number of Stories, add under the subdistrict heading "R -2c ": n3". (600" L. Under Column 9, Maximum Building Height, Height in Feet, add under the subdistrict heading "R -2c ": 1135 ". M. Under Column 10, Maximum Percent Lot Coverage By Buildings, add under the subdistrict heading: "R -2c ": 1. One - family detached: 35 2. One - family semi - detached: 40 3. One - family attached: 50 4. Two - family: 40 5. Other Uses: 35 N. Under Column 11, Yard Dimensions, Front, Minimum Required, add under the subdistrict heading "R -2c ": "10". O. Under Column 12, Yard Dimensions, Side, One Side at Least, add under the subdistrict heading "R -2c ": 1. One - family detached: 10 2. One - family detached, zero lot line: 15 3. One - family semi- detached, unattached sides only: 10 4. One - family attached, unattached sides only: 10 5. Two - family: 10 14 July 5, 1989 P. Under Column 13, Yard Dimensions, Side, Other Side at Least, add under the subdistrict heading "R -2c ": 1. One - family detached: 5 2. One- family detached, zero -lot line: 0 3. One - family detached, zero - lot line, on side abutting a non - zero -lot line building: 5 4. One - family semi - detached, attached sides: 0 5. One - family attached, attached sides: 0 6. Two - family: 5 Q. Under Column 14, Yard Dimensions, Rear, Percent of Depth, add under the subdistrict heading "R -2c ": "25". R. Under Column 15, Yard Dimensions, Rear, Maximum Required in Feet, add under the subdistrict heading 11R- 2c ": 115011 SECTION 4. AMENDING SECTION 30.26, STANDARDS FOR SPECIAL CONDITIONS AND SPECIAL PERMITS. 1. That Section 30.26(B), Special Conditions, Group Care Residence, be amended by adding the following under "3. Density controls at individual facility level:" DISTRICT R -2c TOTAL AREA IN SQUARE FEET WIDTH IN FEET AT STREET LINE SIDE YARDS MAXIMUM NUMBER OF RESIDENTS 3,000 for first 6 residents + 1,000 for each add'1 resident 40 10 - 10 10 2. That Section 30.26(C), Special Permits, be amended by adding the following under Paragraph 4 (iv) after the label "R -2b ": "R -2c". SECTION 5. EFFECTIVE DATE. This ordinance shall take effect immediately and in accordance with law upon publication of a notice as provided in Section 3.11(B) of the Ithaca City Charter. Alderperson Cummings gave background information on the amendments and discussion followed on the floor. Deputy Director Mazzarella answered questions from Council members. Motion to Refer to Committee By Alderperson Nichols: Seconded by Alderperson Booth RESOLVED, That the amendments to Sections 30.3, 30.21, 30.25 and 30.26 of the Zoning Ordinance (R -2c zone) be referred to the Charter and Ordinance Committee for review and report back to the Council. Carried (9 -0) 15 July 5, 1989 Finger Lakes Parks Improvements - Report Alderperson Cummings reported that Mr. Andy Mazzella from Finger Lakes Parks came to the Planning and Development Committee meeting to give a comprehensive overview of what projects were being undertaken, including the proposed addition of a pier at the marina. He updated the committee on the additional activities that were taking place including the 30 acres of land acquisition at Treman State Park and enhancement of day use picnic facilities in that area. In addition, the bike paths, phases 1, 2 and 3 were discussed. Mr. Mazzella asked the committee to request Council to move forward on making land available for the additional pier and he updated the committee on the changes in the plans that had happened in that immediate area including the definition of boundaries of Hog's Hole, the expansion of that area to include some additional woodlands, planned enhancements of Hog's Hole by creating additional wetland habitat within the area, and ij relocation and moving of proposed parking areas slightly away r from it. 1 Alderperson Cummings asked the City Attorney about a resolution C. =�i passed at a previous Council meeting directing him to draw up any lz- necessary transfer documents and what form that transfer had to take. The Committee is now requesting that we move expeditiously on this matter. Alderperson Schlather asked City Attorney Nash if he could look into the possibility of the City entering into some kind of a revocable license agreement on the marina which would ultimately result in the transfer of the lands once all the other things (48so" that the State is talking about are done. Alderperson Peterson stated that if the State wants to expand the Marina into our lands she would like some kind of concession from the State regarding Hog's Hole. City Attorney Nash will look into the matter. Recess Common Council recessed at 10:00 p.m. and reconvened in regular session at 10:15 p.m. BUDGET AND ADMINISTRATION COMMITTEE: * 16.1 Police Department Computer Software RFP By Alderperson Schlather: Seconded by Alderperson Romanowski RESOLVED, That the Police Chief is hereby authorized to circulate a request for proposals for the acquisition and installation of a Law Enforcement Software. Carried (9 -0) * 16.2 Youth Bureau Personnel Roster Amendment By Alderperson Schlather: Seconded by Alderperson Booth RESOLVED, That the Youth Bureau Personnel Roster be amended as follows: Delete 1 20 hour per week Youth Worker Delete 1 17.5 hour per week Youth Worker Establish 1 full time Youth Worker Position Carried (9 -0) * 16.3 Youth Bureau Program Budget Amendment By Alderperson Schlather: Seconded by Alderperson Hoffman WHEREAS, The Youth Bureau has received confirmation of a New York State Education Department grant for the establishment of a Youth at Risk and Community Partnership Program, now therefore be it 4R 4 16 July 5, 1989 RESOLVED, That contingent upon actual receipt of said grant, the 1989 Budget appropriations for Youth Bureau purposes be amended as follows: Increase A7310 -120 $5,525 A7310 -440 100 A7310 -445 100 A7310 -460 275 and be it further RESOLVED, That General Fund Estimated Revenues be increased to reflect the anticipated receipt of State Aid (A3820) in the amount of $6,000. Carried (9 -0) * 16.4 Lease of New Fire Stations Sites From Town of Ithaca By Alderperson Schlather: Seconded by Alderperson Killeen RESOLVED, That the Mayor be authorized to sign an agreement with the Town Of Ithaca for the lease of the West Hill and South Hill Fire Station sites, in accordance with terms and conditions as set forth in the 1987 Fire Protection Contract. Carried (9 -0) *16.5 Request to Board of Public Works to Abandon Tioga Street South of Green Street By Alderperson Schlather: Seconded by Alderperson Johnson RESOLVED, That Common Council hereby requests, that the Board of Public Works abandon the roadbed at Tioga Street, south of Green Street, in order to allow steps to be taken to transfer necessary lands to the County as part of its development project, and be it further RESOLVED, That the Common Council requests prompt and complete resolution of outstanding parking issues pertaining to this project. Carried (9 -0) * 16.6 Public Works Employee Salary Adjustment By Alderperson Schlather: Seconded by Alderperson Romano wski RESOLVED, That Lisa Cornell be permanently appointed to the position of Administrative Secretary to the Superintendent of Public Works, and be it further RESOLVED, That her salary be increased by four percent to $17,159, which is Step 2 on the 1989 Compensation Plan for 40 hour confidential employees not covered by a bargaining unit, effective July 10, 1989. Carried (9 -0) * 16.7 Authorization to Expend Capital Reserve Fund Moneys for Purchase of DPW Equipment By Alderperson Schlather: Seconded by Alderperson Nichols RESOLVED, That an amount not to exceed $20,000 be appropriated from Capital Reserve #23 for the acquisition of Department of Public Works equipment relative to in -house sign preparation as follows: A. Sign Machine $12,500 B. Pressure Sensitive Sign Applicator 2,250 C. Graffiti Remover 4,500 D. Pullers and Push Pullers 750 $20,000 Carried (9 -0) 15 * 16.9 Increase Capital P By Alderperson Schlather: RESOLVED, That Capital increased by $64,000 for curbing on Hillview Place further 17 July 5, 1989 ro-ject for Curbing Construction Seconded by Alderperson Booth Project 206 for street curbing be the purpose of constructing granite and upper Mitchell Street, and be it RESOLVED, That $48,000 in available C.H.I.P.S. moneys and $16,000 in encumbered funds be transferred from A690 -2 and A5111- 700 for the purpose of financing said project increase. Carried (9 -0) * 16.10 Fire Department Request to Amend Roster By Alderperson Schlather: Seconded by Alderperson Hoffman WHEREAS, Fire Fighter Juddson Leonard has been placed on a permanent disability status, and has been assigned to a light duty position which involves non -fire fighting duties, now therefore be it t)) RESOLVED, That the Fire Department Roster be increased by one fire fighter position, contingent upon formal approval by the Board of Fire Commissioners, and be it further, -� RESOLVED, That said roster be reduced to its original staffing level should the permanently disabled fire fighter in question retire, and be it finally RESOLVED, That the Town of Ithaca be notified of such roster change in order to permit inclusion inapplicable fire protection contract payments. Alderperson Schlather gave background information on the resolution and discussion followed on the floor. me Mayor Gutenberger was asked to convey the resolution to the Town of Ithaca. A vote on the resolution resulted as follows: Carried (9 -0) * 16.11 Amendments to Fire Department Authorized Equipment List By Alderperson Schlather: Seconded by Alderperson Killeen RESOLVED, That authorized equipment list for the Fire Department be amended as follows: A. 1 Lot of SCBA Equipment $1,386.30 B. 2 Chain Saws 1,626.00 C. 1 Rescue Mannequin 350.00 D. 1 Vacuum Cleaner 663.76 and be it further RESOLVED, That $663.76 be transferred from account A3410 -477, Equipment Parts and Supplies, to account A3410 -225, Other Equipment , with the balance of $3,362.30 to be paid from existing funds available in account A3410 -225, and be it further RESOLVED, That this authorization is contingent upon formal approval by the Board of Fire Commissioners at its next meeting. Carried (9 -0) * 16.12 Health Insurance Premiums for 1987 Retirees By Alderperson Schlather: Seconded by Alderperson Killeen WHEREAS, three employees, Robert Breene, James Diamond, and Richard Ellis, had applied for retirement prior to the July 1, 1987 effective date of the Health Insurance Retirement Incentive Program, now therefore, be it 461 M July 5, 1989 RESOLVED, That said employees Health Insurance accounts be credited retroactively with payments made in excess of the fixed incentive program rates, as established in the Health Insurance Retirement Incentive Program which went into effect July 1, 1987. Alderperson Schlather explained that the foregoing resolution is being offered to correct inequities for these three individuals. Carried (9 -0) * 16.13 Recruitment and Selection Procedure for Department Heads and Managerial Personnel By Alderperson Schlather: Seconded by Alderperson Killeen RESOLVED, That Common Council does herewith adopt the following Recruitment and Selection Procedure for Department Heads and Managerial Personnel, effective immediately: RECRUITMENT AND SELECTION PROCEDURE FOR DEPARTMENT HEADS AND MANAGERIAL PERSONNEL I. RECRUITMENT A. Upon notice of a vacancy in any of the positions specified in Section 2.27 of the City Charter, the Personnel Department shall initiate a state -wide recruitment campaign. Newspaper advertisements and job announcements shall be circulated as follows: Newspapers Albany Times -Union Binghamton Press and Sun - Bulletin Buffalo News Cortland Standard Elmira Star - Gazette Ethnic News Ithaca Journal New York Times (if applicable) Syracuse Herald - American Job Announcements All local community outreach agencies All municipal Personnel Departments in New York State All local employment agencies All major College Placement Offices in New York State All Minority Placement Agencies in New York State Professional Journals and Publications Any that are applicable Recruitment campaigns may be extended into national searches, if the position dictates that a national search would be advisable. A minimum of thirty (30) days will be allowed for the submission of applications. If possible, the application period will be extended to sixty (60) days. B. Upon the receipt of a resume, the Personnel Department shall send a blind Equal Employment Opportunity questionnaire to the applicant. The Equal Employment Opportunity questionnaire shall be used for statistical purposes only and shall not contain any information which can be used to identify the candidate. WF r f, 19 July 5, 1989 C. Upon the return of the EEO questionnaire, the Personnel Department shall establish a profile of the applicant pool with respect to sex, race, age, handicapped status and veteran status. D. The Personnel Department shall review all applications and resumes received for the position against the established position qualifications. The Personnel Department shall then prepare a summary of the credentials of the qualified candidates. II. SEARCH COMMITTEE A. A Search Committee for the vacant position shall be established by the Mayor pursuant to Section 2.27 of the City Charter. The Mayor shall then notify the Personnel Department of the composition of the Search If the Search Committee determines that the Applicant Pool Profile reflects an adequate recruitment effort, the Committee shall select approximately six to eight candidates for interviews. D. Prior to conducting the interviews, the Search Committee shall, in consultation with the Mayor, determine the qualities being sought for the position and establish the criteria which shall be used to evaluate the candidates. Once these criteria have been determined, the Search Committee shall develop questions designed to elicit responses which can be used to evaluate candidates against the criteria. III. INTERVIEW PROCESS A. The Personnel Department shall schedule interviews with the candidates selected by the Search Committee. Approximately one (1) hour shall be reserved for each interview. B. Prior to the interviews, the Personnel Department shall prepare an informational packet for each Search Committee member. Said packets shall contain copies of the applications, copies of the interview questions, candidate evaluation sheets, the position job description, relevant salary and benefit information, and relevant information pertaining to the department involved, its organization, its staffing and its responsibilities. The Personnel Department shall also include an informational sheet regarding questions which are prohibited under the New York State Human Rights Law. Committee. B. Following the closing date for the submission of vy applications, the Personnel Department shall organize the initial Search Committee meeting. The Personnel �. Department shall supply each Search Committee member with the summary of candidate credentials, copies of all approved applications, and a copy of the Applicant Pool Profile prior to the initial meeting. The Search Committee members shall independently review the above information prior to meeting, and shall bring their comments and recommendations on the candidate pool to the initial meeting. C. At its initial meeting, the Search Committee shall review the Applicant Pool Profile and determine whether it is necessary to re- advertise the position. If a decision to re- advertise is made, it shall be made in consultation with the Mayor. If the Search Committee determines that the Applicant Pool Profile reflects an adequate recruitment effort, the Committee shall select approximately six to eight candidates for interviews. D. Prior to conducting the interviews, the Search Committee shall, in consultation with the Mayor, determine the qualities being sought for the position and establish the criteria which shall be used to evaluate the candidates. Once these criteria have been determined, the Search Committee shall develop questions designed to elicit responses which can be used to evaluate candidates against the criteria. III. INTERVIEW PROCESS A. The Personnel Department shall schedule interviews with the candidates selected by the Search Committee. Approximately one (1) hour shall be reserved for each interview. B. Prior to the interviews, the Personnel Department shall prepare an informational packet for each Search Committee member. Said packets shall contain copies of the applications, copies of the interview questions, candidate evaluation sheets, the position job description, relevant salary and benefit information, and relevant information pertaining to the department involved, its organization, its staffing and its responsibilities. The Personnel Department shall also include an informational sheet regarding questions which are prohibited under the New York State Human Rights Law. IV. V. VI. 20 July 5, 1989 An information packet shall also be prepared for the Mayor, and the Personnel Department shall invited the Mayor to attend the Search Committee interviews. C. During the interviews, the Search Committee will attempt to ask similar questions of all candidates, so that all candidates are judged by the same standards. It is understood, however, that different follow -up questions will probably be necessitated by the various candidate responses. D. Reasonable travel and interview expenses shall be paid to candidates upon the submission of a City voucher. All efforts shall be made for candidates to use the least expensive mode of transportation to Ithaca, and to avoid the need for lodging expenses unless candidates reside more than four (4) hours from Ithaca. E. Throughout the Search Process, the Personnel Department shall keep candidates apprised of the status of the search. COMMITTEE RECOMMENDATIONS A. Following the candidate interviews, the Search Committee shall discuss and evaluate the candidates. The Search Committee may request that the Personnel Department solicit candidate references prior to making recommendations to the Mayor. After discussion and evaluations, the Committee shall choose the top three candidates and forward their names to the Mayor for consideration, with comments in support of each recommendation. B. It shall be the decision of the Search Committee as to whether the names recommended to the Mayor are or are not ranked. C. At the request of the Search Committee, the Personnel Department shall prepare the Committee's recommendations and forward them to the Mayor. MAYOR'S SELECTION A. The Mayor shall conduct interviews with one or more of the candidates recommended by the Search Committee, at his /her discretion. B. Following the selection of a candidate, the Mayor shall notify the Common Council and the Search Committee of his /her selection and shall forward his /her salary recommendations to the Budget and Administration Committee for their review. C. It shall be the decision of the Mayor as to whether a public announcement of the selection shall be made prior to or following the official appointment of the candidate. D. Once the Mayor has offered the position to a candidate and the candidate has accepted the position, but prior to the public announcement of the selection, the Mayor shall direct the Personnel Department to notify all remaining candidates that a selection has been made. AFFIRMATIVE ACTION A. The City's Affirmative Action Policies will apply in all stages throughout this process. 1 f) 21 July 5, 1989 Discussion followed on the floor on the wording of IIC under the Search Committee heading. Amending Resolution By Alderperson Booth: Seconded by Alderperson Johnson RESOLVED, That under IIC, in the second paragraph, it reads as follows: "If the Search Committee determines that the Applicant Pool Profile reflects an adequate recruitment effort, the Committee shall select an appropriate number of candidates for interviews. Ayes (6) - Johnson, Nichols, Peterson, Hoffman, Booth, Romanowski Nays (3) - Schlather, Cummings, Killeen Carried (6 -3) Main Motion as Amended A vote on the Main Motion as Amended resulted as follows: Carried (9 -0) `) *16.14 Planning Department - Planner II Salary Adjustment i.� By Alderperson Schlather: Seconded by Alderperson Cummings `Y RESOLVED, That the salary of Helen Jones be increased to $26,388, which is Step 7 on the Planner II line of the Administrative Unit Compensation Plan, effective July 10, 1989. Ayes (8) - Booth, Cummings, Nichols, Killeen, Johnson, Hoffman, Peterson, Romanowski Nay (1) - Schlather Carried (8 -1) * 16.15 Planning Department - Planner II Salary Adjustment By Alderperson Schlather: Seconded by Alderperson Cummings RESOLVED, That the salary of Leslie Chatterton be increased to $25,373, which is Step 6 on the Planner II line of the Administrative Unit Compensation Plan, effective July 10,1989. Ayes (8) - Booth, Cummings, Nichols, Killeen, Johnson, Hoffman, Peterson, Romanowski Nay (1) - Schlather Carried (8 -1) * 16.16 Planning Department - Consulting Services/Nolan_ Contract By Alderperson Schlather: Seconded by Alderperson Johnson RESOLVED, That a proposal from Nolan Associates, Inc. be accepted for the provision of consulting services in connection with an Environmental Impact Mitigation program, inclusive of an allowance for reimbursable expense, in an amount not to exceed $13,500, and be it further RESOLVED, That $13,500 be transferred from account A1990, Restricted Contingency, to account A8020 -435, Planning Department Contractual Services. Discussion followed on the floor regarding a schedule and time - frame in regards to Mr. Nolan's contract. A vote on the resolution resulted as follows: Carried (9 -0) * 16.17 Planning Department_ - Hydro RFP Consulting Services By Alderperson Schlather: Seconded by Alderperson Johnson RESOLVED, That an amount not to exceed $2,600 be appropriated for consulting services relative to the review of VanNatta Dam request for proposals expected to be received on or before July 14, 1989, and be it further 50 22 July 5, 1989 RESOLVED, That $2,600 be transferred from A1990, Unrestricted Contingency, to account A8020 -435, Planning Department Contractual Services for such purpose. Carried (9 -0) * 16.18 Bond Resolution - New Fire Stations By Alderperson Schlather: Seconded by Alderperson Killeen RESOLVED, That a resolution authorizing the issuance of $2,185,000 Serial Bonds of the City of Ithaca, Tompkins County, New York, to pay part of the cost of the construction of new City Fire Stations be hereby approved. A RESOLUTION AUTHORIZING THE ISSUANCE OF $2,185,000 SERIAL BONDS OF THE CITY OF ITHACA, TOMPKINS COUNTY, NEW YORK, TO PAY PART OF THE COST OF THE CONSTRUCTION OF NEW CITY FIRE STATIONS. WHEREAS, the capital project hereinafter described has been determined to be an "Unlisted Action" for purposes of the State Environmental Quality Review Act which will not result in any significant environmental effects, and WHEREAS, all conditions precedent to the financing of the capital project hereinafter described, including compliance with the provisions of the State Environmental Quality Review Act, have been performed, and WHEREAS, it is now desired to authorize the financing of such capital project; now, therefore, be it RESOLVED, by the Common Council of the City of Ithaca, Tompkins County, New York, as follows: Section 1. For the specific object or purpose of paying part of the cost of the construction of new City fire stations, one station to be constructed on a parcel of land to be leased from the Town of Ithaca and located on Trumansburg Road on the former Odd Fellows Farm, such fire station to be known as the West Hill Fire Station, and the other fire station to be constructed on a parcel of land to be leased from the Town of Ithaca and located on the southwestern end of the Ithaca College campus on Danby Road, such fire station to be known as South Hill Fire Station, there are hereby authorized to be issued $2,185,000 serial bonds of the City of Ithaca, Tompkins County, New York, pursuant to the provisions of the Local Finance Law. Further details concerning said bonds will be prescribed in a further resolution or resolutions of this Common Council. Section 2. It is hereby determined that the maximum estimated cost of the aforesaid specific object or purpose is $2,300,000 and that the plan for the financing thereof is as follows: a. by the issuance of the $2,185,000 serial bonds of said City authorized to be issued pursuant to the provisions of this resolution; and b. by the expenditure of $115,000 monies of said City, which monies are hereby appropriated therefor and which monies shall constitute the down payment required by Section 107.00 of the Local Finance Law. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is thirty years, pursuant to subdivision 11 (a)(1) of paragraph a of Section 11.00 of the Local Finance Law. Section 4. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of WE I rn 51 Section 6. The validity of such bonds and bond anticipation notes may be contested only if: �S 1 1) Such obligations are authorized for an object or purpose for which said City is not authorized to expend money, or �S. 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with. and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 7. This resolution, which takes effect immediately, shall be published in full in the Ithaca Journal, the official newspaper, together with a notice of the City Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. The question of the adoption of the foregoing resolution was duly put to a vote on roll call which resulted as follows: Aye 23 July 5, 1989 Aye the serial bonds herein authorized, including renewals of such Aye notes, is hereby delegated to the City Controller, the chief Aye fiscal officer. Such notes shall be of such terms, form and Aye contents, and shall be sold in such manner, as may be prescribed Aye by said City Controller, consistent with the provisions of the Aye Local Finance Law. ka"', Section 5. The faith and credit of said City of Ithaca, Aye Tompkins County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such obligations as Ayes (9) the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such obligations becoming due and payable in such year. Section 6. The validity of such bonds and bond anticipation notes may be contested only if: �S 1 1) Such obligations are authorized for an object or purpose for which said City is not authorized to expend money, or �S. 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with. and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 7. This resolution, which takes effect immediately, shall be published in full in the Ithaca Journal, the official newspaper, together with a notice of the City Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. The question of the adoption of the foregoing resolution was duly put to a vote on roll call which resulted as follows: Aye - Romanowski Aye - Schlather Aye - Nichols Aye - Johnson Aye - Cummings Aye - Peterson Aye - Killeen Aye - Hoffman Aye - Booth Ayes (9) Carried * 16.19 Bond Resolution - Fire Station Renovations By Alderperson Schlather: Seconded by Alderperson Killeen RESOLVED, That a resolution authorizing the issuance of $950,000 in Serial Bonds of the City of Ithaca, Tompkins County, New York, to pay part of the cost of reconstruction of City Fire Stations be hereby approved. A RESOLUTION AUTHORIZING THE ISSUANCE OF $950,000 SERIAL BONDS OF THE CITY OF ITHACA, TOMPKINS COUNTY, NEW YORK, TO PAY PART OF THE COST OF THE RECONSTRUCTION OF CITY FIRE STATIONS. WHEREAS, all conditions precedent to the financing of the capital project hereinafter described, including compliance with the provisions of the State Environmental Quality Review Act, have been performed, and WHEREAS, it is now desired to authorize the financing of such capital project; now, therefore, be it 5") 24 July 5, 1989 RESOLVED, by the Common Council of the City of Ithaca, Tompkins County, New York, as follows: Section 1. For the class of objects or purposes of paying part of the cost of the reconstruction of fire stations of the City of Ithaca, Tompkins County, New York, there are hereby authorized to be issued $950,000 serial bonds of the City of Ithaca, Tompkins County, New York, pursuant to the provisions of the Local Finance Law. Further details concerning said bonds will be prescribed in a further resolution or resolutions of this Common Council. Section 2. It is hereby determined that the maximum estimated cost of the aforesaid specific object or purpose is $1,000,000 and that the plan for the financing thereof is as follows: a. by the issuance of the $950,000 serial bonds of said City authorized to be issued pursuant to the provisions of this resolution; and b. by the expenditure of $50,000 monies of said City, which monies are hereby appropriated therefor and which monies shall constitute the down payment required by Section 107.00 of the Local Finance Law. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is twenty years, pursuant to subdivision 12 (a)(1) of paragraph a of Section 11.00 of the Local Finance Law. Section 4. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated to the City Controller, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said City Controller, consistent with the provisions of the Local Finance Law. Section 5. The faith and credit of said City of Ithaca, Tompkins County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such obligations as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such obligations becoming due and payable in such year. Section 6. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said City is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with. and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 7. This resolution, which takes effect immediately, shall be published in full in the Ithaca Journal, the official newspaper, together with a notice of the City Clerk in B 3 25 July 5, 1989 substantially the form provided in Section 81.00 of the Local Finance Law. The question of the adoption of the foregoing resolution was duly put to a vote on roll call which resulted as follows: Aye - Romanowski Aye - Schlather Aye - Nichols Aye - Hoffman Aye - Johnson Aye - Killeen Aye - Booth Aye - Peterson Aye - Cummings Ayes (9) Carried * 16.20 Bond Resolution Reconstruction Stewart Avenue Bridge By Alderperson Schlather: Seconded by Alderperson Peterson RESOLVED, That a resolution authorizing the issuance of $430,000 in Serial Bonds of the City of Ithaca, Tompkins County, New York, to pay part of the cost of reconstruction of the Stewart Avenue Bridge be hereby approved. A RESOLUTION AUTHORIZING THE BONDS OF THE CITY OF ITHACA, PAY PART OF THE COST OF THE AVENUE BRIDGE IN AND FOR SAID ISSUANCE OF $430,000 SERIAL TOMPKINS COUNTY, NEW YORK, TO RECONSTRUCTION OF THE STEWART CITY. WHEREAS, all conditions precedent to the financing of the capital project hereinafter described, including compliance with the provisions of the State Environmental Quality Review Act, have been performed, and WHEREAS, it is now desired to authorize the financing of such capital project; now, therefore, be it RESOLVED, by the Common Council of the City of Ithaca, Tompkins County, New York, as follows: Section 1. For the specific object or purpose of paying part of the cost of the reconstruction of the Stewart Avenue Bridge in and for the City of Ithaca, Tompkins County, New York, there are hereby authorized to be issued $430,000 serial bonds of the City of Ithaca, Tompkins County, New York, pursuant to the provisions of the Local Finance Law. Further details concerning said bonds will be prescribed in a further resolution or resolutions of this Common Council. Section 2. It is hereby determined that the maximum estimated cost of the aforesaid specific object or purpose is $530,000 and that the plan for the financing thereof is as follows: a. by the issuance of the $430,000 serial bonds of said City authorized to be issued pursuant to the provisions of this resolution; and b. by the expenditure of $100,000 monies received by said City from the State Department of Transportation as aid for such project, which monies are hereby appropriated therefor and which monies shall constitute the down payment required by Section 107.00 of the Local Finance Law. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is twenty years, pursuant to subdivision 10 of paragraph a of Section 11.00 of the Local Finance Law. 5:1 511 26 July 5, 1989 Section 4. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated to the City Controller, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said City Controller, consistent with the provisions of the Local Finance Law. Section 5. The faith and credit of said City of Ithaca, Tompkins County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such obligations as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such obligations becoming due and payable in such year. Section 6. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said City is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with. and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 7. This resolution, which takes effect immediately, shall be published in full in the Ithaca Journal, the official newspaper, together with a notice of the City Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. The question of the adoption of the foregoing resolution was duly put to a vote on roll call which resulted as follows: Aye - Schlather Aye - Cummings Aye - Peterson Aye - Nichols Aye - Killeen Ayes (9) * 16.21 Finance Departme By Alderperson Schlather: RESOLVED, That Connie J. Acting Deputy City Clerk 24, 1989. Aye - Booth Aye - Romanowski Aye - Hoffman Aye - Johnson Carried nt Appointment Acting Deputy City Clerk Seconded by Alderperson Romanowski Holcomb be appointed to the position of at a salary of $19,399, effective July Carried (9 -0) * 16.22 Finance Department - Amend Authorized Equipment List By Alderperson Schlather: Seconded by Alderperson Romanowski RESOLVED, That the authorized equipment list for the Finance Department be amended to include one FAX machine at an estimated cost of $1,900 and be it further RESOLVED, That said acquisition be financed by transferring $1,900 to account A1315 -225, Other Equipment, from the following accounts: 0 14 i) 1 27 A1990 Unrestricted Contingency Trust And Agency /Building & Fire Code Enforcement Aid F8311 -425 G8111 -425 J8150 -425 Total July 5, 1989 $700 300 300 300 300 $1,900 Carried (9 -0) * 16.23 Audit By Alderperson Schlather: Seconded by Alderperson Johnson RESOLVED, That bills presented, as listed on Audit Abstract #12/1989, in the total amount of $13,325.58, be approved for payment. Carried (9 -0) * 16.24 Renewal Contract with Blue Cross /Blue Shield (\J By Alderperson Schlather: Seconded by Alderperson Killeen RESOLVED, That the Mayor be authorized to sign the renewal contract with Blue Cross Blue Shield for provision of Health Insurance Services and related stop -loss coverages, for the period July 1, 1989 - December 31, 1990, and be it further RESOLVED, That in lieu of purchase of a surety bond in connection therewith, the City Controller be and is hereby authorized to invest $322,000 of available fund balance in the Tompkins County Trust Company at competitive interest rates as required by the New York State Insurance Department. Carried (9 -0) CHARTER AND ORDINANCE COMMITTEE: * 17.1 An Ordinance Adding a New Chapter 67, Entitled 'Protection and Maintenance of Trees and Shrubs on City Property', to the City of Ithaca Municipal Code By Alderperson Booth: Seconded by Alderperson Cummings WHEREAS, the City of Ithaca enjoys a beautiful and healthy environment in which many persons live and work, and WHEREAS, the protection and maintenance of trees and shrubs on City property are important in preserving the beauty of the City and the integrity and vitality of our urban environment, and WHEREAS, the City of Ithaca wishes to provide for the protection and maintenance of trees and shrubs on City property; now, therefore, be it RESOLVED, That the Common Council of the City of Ithaca does hereby adopt Chapter 67, entitled 'Protection and Maintenance of Trees and Shrubs on City Property' as follows: CHAPTER 67 PROTECTION AND MAINTENANCE OF TREES AND SHRUBS ON CITY PROPERTY 1. BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, County of Tompkins, State of New York. Section 67.1 Purpose This ordinance regulates the planting, maintenance, protection and removal of trees and shrubs on public streets, parks and other city -owned property; provides for a Shade Tree Advisory Committee;,and establishes the office of a City Forester in the Department of Public Works. This ordinance also provides for the issuing of permits for the planting, maintenance, protection and removal of trees and shrubs in city -owned places. RE Section 67.2 Short Title July 5, 1989 This ordinance shall be known and may be cited as the "City Tree Ordinance ". Section 67.3 Definitions The following terms shall have meanings provided in this section, unless their context requires otherwise: 1. "City agency means any department, board, commission, committee, or other entity within the government of the City of Ithaca. 2. "Person" means any corporation, firm, partnership, association, trust, estate, one or more individuals, and any unit of government or agency or subdivision thereof except for a city agency. 3. "Trees and shrubs" means any woody plants which have self- supporting, viable above ground parts which are viable year round. Section 67.4 Authority and Responsibilities 1. The office of the City Forester is hereby established in the Department of Public Works. 2. The City Forester, in consultation with the Shade Tree Advisory Committee (STAC) and the Board of Public Works, shall have the authority to implement and enforce the provisions of this ordinance. 3. In furtherance of the purpose of this ordinance, the Board of Public Works, in consultation with the City Forester and STAC, shall have the authority to adopt rules and regulations regarding arboricultural specifications and standards of practice and such additional rules and regulations as the Board determines are necessary. These regulations shall govern the planting, maintenance, removal, fertilization, pruning and protection of trees and shrubs on public streets, parks or other city property. 4. In the absence of the City Forester, the duties of that office shall be the responsibility of the Supervisor of Parks and Forestry within the Department of Public Works. Section 67.5 Shade Tree Advisory Committee There shall be a Shade Tree Advisory Committee consisting of the following: at least six persons appointed by the Mayor with the consent of Common Council, two - thirds of which must be city residents. Members shall serve terms of three years, with two of the original members serving three years terms beginning in 1989, two of the original members serving two year terms beginning in 1989, and two of the original members serving one year terms beginning in 1989. Members may be reappointed for additional terms. The members of the committee shall pick a chairperson at the first meeting of each year on or following January 1. Section 67.6 Planting, Maintenance, Removal or Replacement 1. No person or city agency shall plant, spray, fertilize, prune, remove, replace, or otherwise disturb any tree or shrub on any public street, park or other city -owned property without first submitting a written request therefor and obtaining written permission from the City Forester. Requests for written permission shall be Jd 29 July 5, 1989 acted on within 5 business days of filing the written request with the City Forester. All work for which such permission is given shall be done in accordance with the Department of Public Works' rules and regulations adopted pursuant to section 67.4 of this ordinance. (4mo", 2. Persons or city agencies conducting regular maintenance work on trees or shrubs may be granted general permits to cover their work on a yearly basis. (6w, 5. Wherever it is necessary to remove a tree or shrub from a public right -of -way in connection with the paving of a sidewalk, or the paving or widening of a street, the city or responsible agency or person shall replant such tree or shrub or replace it. If conditions prevent re- planting in the right -of -way, this requirement may be satisfied by planting on the adjoining property if the property owner agrees. 6. Requests from private citizens that new street trees be planted near their property shall be accommodated in accordance with planting priorities set by the City Forester in consultation with STAC and the Board of Public Works. Section 67.7 Abuse or Mutilation of Public Trees and Shrubs Unless specifically authorized in writing by the City Forester, no person or city agency shall intentionally damage, cut, carve, transplant, or remove any tree or shrub on city owned property; attach any rope, wire, nails, advertising posters, or other contrivance to any such tree or shrub; allow any gas, liquid, or solid substance which is harmful to any such tree or shrub to come in contact with it; or set fire or permit any fire to burn when such fire or heat thereof will injure any portion of any tree or shrub on city property. Written authorizations for any action governed by this section may be obtained in the same manner as provided in section 67.6 of this ordinance. Section 67.8 Protection of Public Trees and Shrubs 1. Without written permission from the City Forester, no person or city agency shall a) undertake any construction or development activity, (including but not limited to the excavation of any ditches, tunnels, or trenches, or the laying of pavement), within the 3. Whenever a person or city agency obtains written permission pursuant to subdivision one of this section to remove a tree or shrub from any city -owned land for the purpose of construction, or for any other reason, such person or agency shall subsequently replace the tree or shrub within one year of the issuance of the tree removal permit. Such replacement shall meet the �j standards of size, species, and placement as provided for in the tree removal permit issued by the City Forester. The permit holder shall bear the cost of - removal and replacement of all trees or shrubs removed F =� j f•.. pursuant to the permit. 4. It is the responsibility of the City Forester to determine if trees or shrubs on city -owned property are hazardous and to remove dead or hazardous trees or shrubs from city -owned property. If replacement is recommended by the City Forester, the city shall replace the tree or shrub within one year of removal. (6w, 5. Wherever it is necessary to remove a tree or shrub from a public right -of -way in connection with the paving of a sidewalk, or the paving or widening of a street, the city or responsible agency or person shall replant such tree or shrub or replace it. If conditions prevent re- planting in the right -of -way, this requirement may be satisfied by planting on the adjoining property if the property owner agrees. 6. Requests from private citizens that new street trees be planted near their property shall be accommodated in accordance with planting priorities set by the City Forester in consultation with STAC and the Board of Public Works. Section 67.7 Abuse or Mutilation of Public Trees and Shrubs Unless specifically authorized in writing by the City Forester, no person or city agency shall intentionally damage, cut, carve, transplant, or remove any tree or shrub on city owned property; attach any rope, wire, nails, advertising posters, or other contrivance to any such tree or shrub; allow any gas, liquid, or solid substance which is harmful to any such tree or shrub to come in contact with it; or set fire or permit any fire to burn when such fire or heat thereof will injure any portion of any tree or shrub on city property. Written authorizations for any action governed by this section may be obtained in the same manner as provided in section 67.6 of this ordinance. Section 67.8 Protection of Public Trees and Shrubs 1. Without written permission from the City Forester, no person or city agency shall a) undertake any construction or development activity, (including but not limited to the excavation of any ditches, tunnels, or trenches, or the laying of pavement), within the 58 30 July 5, 1989 dripline of any city tree or shrub, or b) move or park vehicles associated with any construction or development activity which may affect any tree or shrub on city property. 2. All trees or shrubs on any public street or other city owned property directly impinging on any excavation or construction of any building, structure, or street work, shall be guarded as follows: a) for trees or shrubs with a crown spread of eight feet or less, a substantial fence, frame or box not less than four feet high and eight feet square shall surround the tree or shrub; b) for a tree or shrub with a crown spread over eight feet, a fence not less than 4 feet high shall be placed at least at the tree or shrub's dripline, or at a distance prescribed by the City Forester. All building material, soil, or debris shall be kept outside these barriers. 3. No person or city agency shall deposit, place, store, or maintain upon any public place of the city any stone, brick, sand, concrete, or other materials which may impede the free passage of water, air, and fertilizer to the roots on any tree or shrub growing thereon, except by written permit of the City Forester. 4. Any written permission required by this section may be obtained in the same manner as provided for in section 67.6. Section 67.9 Obstructions Caused by Trees or Shrubs on Property Adjoining Public Streets 1. It shall be the duty of any person owning real property bordering on a public street to ensure that trees and shrubs on that property are pruned in a manner that will not obstruct or shade street lights, obstruct the passage of pedestrians on sidewalks, obstruct vision of traffic signs, or obstruct the view of any street or alley intersection. If trees are interfering with utility wires, it is the obligation of the appropriate utility company to correct the situation. 2. Should any person owning real property bordering on any public street fail to comply as herein above provided, the City Forester shall order the owner to take corrective action within 15 days after receipt of written notice. 3. The order required herein shall be served by mailing a copy of it to the last known address of the property owner. 4. When a person to whom an order is directed shall fail to comply within the specified time, it shall be lawful for the city to prune such trees or shrubs, or to pay for such pruning, and the cost thereof shall be assessed to the owner. Section 67.10 Emergency Work 1. This ordinance shall not govern any emergency activity immediately necessary to protect life, safety or property, or to maintain access to any property. Any such activity shall incorporate reasonable efforts to protect trees and shrubs on city property from unnecessary damage. 11� 31 July 5, 1989 2. Any person or city agency engaged in any action covered by subdivision 1 shall make a reasonable effort to notify the City Forester prior to commencing that action and shall in any event, provide written notice of the emergency and the work done by the City Forester within three calendar days of commencing that work. Section 67.11 Violation and Penalty Any person who violates or fails to comply with any of the provisions of this ordinance shall be guilty of a violation, and upon conviction thereof shall be fined a sum not more than $250 plus the cost of rectifying damage to any tree or shrub on city - owned property. Discussion followed on the floor regarding the City Forester position. Mayor Gutenberger expressed concern that Section 67.6, states that 'action will be taken by the City Forester within 5 business days.' He asked what would happen if the City Forester does not act within that time frame. Alderperson Booth responded that as he understands New York State law a time period is only directory unless it specifically says it is mandatory. He asked that the record reflect that if the City Forester is absent or if there is no City Forester at the time, the matter would be handled by another City official. Further discussion followed on the floor. A vote on the resolution resulted as follows: Carried (9 -0) * 17.2 An Ordinance Amending Section 60.59 of Chapter 60 Entitled 'Traffic and Vehicles' of the City of Ithaca Municipal Code (Parking Meter Violations) By Alderperson Booth: Seconded by Alderperson Schlather AN ORDINANCE AMENDING SECTION 60.59 OF CHAPTER 60 ENTITLED 'TRAFFIC AND VEHICLES' OF THE ITHACA CITY MUNICIPAL CODE BE IT ORDAINED AND ENACTED by the Common Council of the City (400" of Ithaca, New York as follows: Section 1. That Section 60.59 of Chapter 60 entitled 'Traffic and Vehicles' of the Ithaca City Municipal Code be and it is hereby amended to read as follows: Notwithstanding the provisions of Section 60.100 and in full acquittance of any violation for parking for a longer period of time than is permitted, a civil penalty in the sum of [Two Dollars ($2.00)] Three Dollars ($3.00) may be paid if such sum is paid within twenty -four (24) hours of such violation. Section 67.12 Separability Should any section, clause, or provision of this ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the ordinance as a whole, or parts thereof, other than the part so declared to be invalid. 2. This ordinance shall take effect on August 1, 1989 following publication of a notice as provided in Section 3.11(B) of the Ithaca City Charter. Discussion followed on the floor regarding the City Forester position. Mayor Gutenberger expressed concern that Section 67.6, states that 'action will be taken by the City Forester within 5 business days.' He asked what would happen if the City Forester does not act within that time frame. Alderperson Booth responded that as he understands New York State law a time period is only directory unless it specifically says it is mandatory. He asked that the record reflect that if the City Forester is absent or if there is no City Forester at the time, the matter would be handled by another City official. Further discussion followed on the floor. A vote on the resolution resulted as follows: Carried (9 -0) * 17.2 An Ordinance Amending Section 60.59 of Chapter 60 Entitled 'Traffic and Vehicles' of the City of Ithaca Municipal Code (Parking Meter Violations) By Alderperson Booth: Seconded by Alderperson Schlather AN ORDINANCE AMENDING SECTION 60.59 OF CHAPTER 60 ENTITLED 'TRAFFIC AND VEHICLES' OF THE ITHACA CITY MUNICIPAL CODE BE IT ORDAINED AND ENACTED by the Common Council of the City (400" of Ithaca, New York as follows: Section 1. That Section 60.59 of Chapter 60 entitled 'Traffic and Vehicles' of the Ithaca City Municipal Code be and it is hereby amended to read as follows: Notwithstanding the provisions of Section 60.100 and in full acquittance of any violation for parking for a longer period of time than is permitted, a civil penalty in the sum of [Two Dollars ($2.00)] Three Dollars ($3.00) may be paid if such sum is paid within twenty -four (24) hours of such violation. GO 32 July 5, 1989 Section 2. Effective Date. This ordinance shall take effect on August 1, 1989 upon publication of a notice as provided in Section 3.11(B) of the Ithaca City Charter. Alderperson Booth gave background information on the resolution and discussion followed on the floor regarding the raising of parking fines. It was pointed out by Alderperson Schlather that the last time the fine was raised was in 1984. A vote on the resolution resulted as follows: Carried (9 -0) An Ordinance Amending Chapter 31, Entitled 'Subdivision Regulations' of the city of Ithaca Municipal Code (Pertaining to City Exactions of Money for Park Purposes) - Report Alderperson Booth reported that discussions are still ongoing on this subject in the Planning and Development Committee and the Planning and Development Board. When the Charter and ordinance Committee receives a report back, they will bring it back to Council. Amending the City's Environmental Review Ordinance - Report Alderperson Booth reported that the revision on this ordinance is in the Clerk's Office to be re- typed. He will be distributing copies to Council and Department Heads when it is completed. Amending the Noise Ordinance -.Report Alderperson Booth reported that the Noise Ordinance has been revised and is also in the Clerk's Office to be re- typed. He will be distributing copies to Council and Department Heads when it is completed. NEW BUSINESS• Privatization for Public Utilities By Alderperson Nichols: Seconded by Alderperson Johnson WHEREAS, the Board of Public Works has on its Committee of the Whole agenda the subject of "privatization" of the City's water and wastewater treatment plants, and WHEREAS, the provision of services that affect the lives and well -being of our citizens are too important to take any chances with their operation by private parties, and WHEREAS, the device of "privatization" should not be used to bypass the protections provided to our employees by Civil Service Law, and WHEREAS, whatever problems may exist in the present or future operations of the water and wastewater treatment plants should be dealt with directly, within the framework of the City's continued direct control and operation, and WHEREAS, prompt action by Council on the City's policy in regard to privatization could save much time and controversy regarding that possibility, which time would be better spent in planning whatever changes are necessary in the City's operation of the water and wastewater treatment plants; now, therefore, be it RESOLVED, That it is the policy of the City of Ithaca that its public utilities will not be turned over to private operation. Alderperson Nichols stated that it is his firm belief that as a matter of principle, such public functions that are so environmentally significant to the public at large, such as a water plant or a waste water treatment plant, should be carried out as a public function, as a city function. He further believes that the Board of Public Works should be spending more time on issues of re- organization of the Department facilites, 61 33 July 5, 1989 parking, traffic, etc. He believes that if a great deal of time is spent on this question of privatization, valuable time will be lost in studying and working on other very important issues. If it is true, that in the end, members of Council believe in this principle of government operation then the whole discussion will turn out to be fruitless. He believes that Council should set the policy on this question and set it reasonably quickly. However, Alderperson Nichols stated, he understands Council reluctance in taking an action on a motion of this kind without some committee discussion and he would not object to a referral to committee. He did ask that Council move on this and set a policy as quickly as possible. Alderperson Schlather remarked the Alderperson's points are well taken but he did not wish to foreclose discussion on the issue. He therefore recommended it be referred to the Budget and E_E Administration Committee. pi) Motion to Refer to Committee -3 By Alderperson Schlather: Seconded by Alderperson Romanowski RESOLVED, That the matter of privatization be referred to the �..!� Budget and Administration Committee for review. Discussion followed on the floor on whether or not this issue should be referred to the Committee of the Whole. Amending Motion to Refer to Committee By Alderperson Nichols: Seconded by Alderperson Booth RESOLVED, That the motion to refer to committee be amended to read "RESOLVED, That the matter of privatization be referred to the Budget and Administration Committee for review, and be it further RESOLVED, That all members of Council who attend the meeting to discuss this issue shall be entitled to vote at the committee level on that issue." Ayes (5) - Nichols, Johnson, Booth, Hoffman, Peterson Nays (4) - Schlather, Romanowski, Killeen, Cummings Carried (5 -4) Discussion continued regarding referral motion. Main Motion as Amended A Vote on the Main Motion as Amended resulted as follows: Ayes (7) - Schlather, Nichols, Killeen, Booth, Johnson, Peterson, Hoffman Nays (2) - Cummings, Romanowski Carried (7 -2) Extension of Meeting Time By Alderperson Romanowski: Seconded by Alderperson Cummings RESOLVED, That this meeting of Common Council shall be extended to 12:00 midnight. Carried (9 -0) * 21.2 Request for Human Services Committee to Study State Assembly Bill 6731 By Alderperson Nichols: Seconded by Alderperson Schlather WHEREAS, a bill (6731) has been introduced in the State Assembly which would amend the labor law in relation to establishing a job stabilization act; now, therefore, be it RESOLVED, That the Human Services Committee study the proposed bill with a view toward the possible endorsement of such legislation by Common Council, and be it further RESOLVED, That the Human Services Committee study include a review of job stability of the downtown Ithaca Post Office. Carried (9 -0) ),1 34 July 5, 1989 * 21 .3 Tompkins Community Hospital In- patient Psychiatric Service By Alderperson Johnson: Seconded by Alderperson Killeen WHEREAS, the In- patient Psychiatric Unit at Tompkins Community Hospital has been a vital resource to those city and county residents needing comprehensive treatment in a protective hospital setting, and WHEREAS, the proposed closing of the In- patient Psychiatric Unit will leave a serious gap in the services provided to those residents who require periodic hospitalization, and WHEREAS, hospitalization in New York State, and /or private facilities places undue hardships of travel and isolation on patients and their families, and WHEREAS, placement in these out of county facilities makes it extremely difficult, if not impossible, for re- integration of residents into our community; now, therefore, be it RESOLVED, That the Common Council of the City of Ithaca hereby urges the Board of Directors of Tompkins Community Hospital and the hospital managers to do all that is necessary so that we can continue to have this vital service provided in our local community hospital. Carried (9 -0) Executive Session By Alderperson Cummings: Seconded by Alderperson Killeen RESOLVED, That this Council adjourns into Executive Session to discuss proposed land purchase and a possible personnel item. Carried (9 -0) ADJOURNMENT: On a motion the meeting adjourned into Executive Session at 11:30 P.M. Council CamC out of I,RCC(]tiX_C SCSsion and the mCCtiiAacljou1,1100 at 12:00 p.m. C-e/�v Callista F. Paola 'eli ohn C. Gutenberger City Clerk Mayor rya COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK MAYOR'S APPOINTMENTS: Conservation Advisory Council Mayor Gutenberger requested Council's approval for the appointment of J. Keith Waldron, 896 Cayuga Heights Road, to the Conservation Advisory Council with a term to expire December 31, 1989. Resolution By Alderperson Peterson: Seconded by Alderperson Killeen RESOLVED, That this Council approves the appointment of J. Keith Waldron to the Conservation Advisory Council with a term to expire December 31, 1989. Carried (9 -0) Planning and Development Board Mayor Gutenberger requested Council's approval for the appointment of David Gooding, 105 Eddy Street, to the Planning and Development Board with a term to expire December 31, 1989, to replace Martin Sampson who has resigned. Regular Meeting 7:00 P.M. July 5, 1989 PRESENT: Mayor Gutenberger Alderpersons (9) - Booth, Cummings, Johnson, Nichols, Hoffman, Killeen, Peterson, Schlather, Romanowski ABSENT: Alderperson Lytel OTHERS PRESENT: City Attorney - Nash City Clerk - Paolangeli City Controller - Cafferillo Director, Planning and Development - Van Cort Deputy Director, Planning and Development - Mazzarella t" Police Chief - McEwen Personnel Administrator - Walker Building Commissioner - Datz Fire Chief - Olmstead Assistant Superintendent of Public Works - Fabbroni Director, Youth Bureau - Cohen Board of Public Works Commissioner - Reeves PLEDGE OF ALLEGIANCE: Mayor Gutenberger led all present in the Pledge of Allegiance to the American flag. MINUTES: Addition to Minutes of June 7, 1989 Common Council Meeting Alderperson Peterson (for Alderperson Lytel) requested that on page 17, under 17.1, Shelter for Homeless, the following be added to the end of the paragraph that begins 'Alderperson Lytel argued': "Work that Kathy Evans is doing is investigatory work leading to a possible application to the State for money for a new shelter. The $3,000 does not buy the City a completed application." of Minutes of June 7, 1989 Common Council Meeting _Approval By Alderperson Schlather: Seconded by Alderperson Booth RESOLVED, That the Minutes of the June 7, 1989 Common Council meeting be approved with the above addition. Carried (9 -0) MAYOR'S APPOINTMENTS: Conservation Advisory Council Mayor Gutenberger requested Council's approval for the appointment of J. Keith Waldron, 896 Cayuga Heights Road, to the Conservation Advisory Council with a term to expire December 31, 1989. Resolution By Alderperson Peterson: Seconded by Alderperson Killeen RESOLVED, That this Council approves the appointment of J. Keith Waldron to the Conservation Advisory Council with a term to expire December 31, 1989. Carried (9 -0) Planning and Development Board Mayor Gutenberger requested Council's approval for the appointment of David Gooding, 105 Eddy Street, to the Planning and Development Board with a term to expire December 31, 1989, to replace Martin Sampson who has resigned. 30 2 July 5, 1989 Resolution By Alderperson Killeen: Seconded by Alderperson Booth RESOLVED, That this Council approves the appointment of David Gooding to the Planning and Development Board with a term to expire December 31, 1989. Carried (9 -0) Mr. Gooding took the oath of office and was sworn in by City Clerk Paolangeli. ADDITIONS TO THE AGENDA: New Business Alderperson Johnson requested that Item 21.3, a resolution regarding the closing of the psychiatric unit at Tompkins Community Hospital, be added to the agenda. No Council member objected. Budget and Administration Committee Alderperson Schlather noted that there is an amendment to Item 16.24, Renewal Contract with Blue Cross /Blue Shield. No Council member objected. Charter and Ordinance Committee Alderperson Booth requested the addition of Items 17.4, Report on City's Environmental Review Ordinance and 17.5, Report on City's Noise Ordinance. No Council member objected. DELETIONS FROM THE AGENDA: Budget and Administration Committee Alderperson Schlather requested the deletion of Item 16.8, Resolution requesting appointment of Engineering Technician. No Council member objected. PETITIONS AND HEARINGS OF PERSONS BEFORE COMMON COUNCIL: GIAC Renovations Diann Sams, 412 Hector Street, addressed the Council and stated that she wanted to clarify the GIAC Board of Directors position on renovations to GIAC. She read the following statement: "We as a Board, as a whole, would like to state that we are all in support of Day Care and recognize the need. We also recognize the need for after - school care programming for children 4 to 12 and 13 to 18. We are saying that if day care expands in the building, as planned, we cannot service these groups in the capacity that we have been. We would have to cut back on program services and the number of children served. Our adult program would be seriously affected also. Our stance is that we recognize the loss that we would have. We had to evaluate the kinds of services we could offer and to whom. Considering this day and age of child abuse, drugs, crime, teen pregnancies, and suicide with confused youngsters we felt we could not afford to offer any less to these children, but really need to offer more. Our question is, if we cannot continue to offer a place for these youngsters to go, where will they go? Does the library, once again, want to assume a place for them? Do our store owners want to see them wandering in and out of their stores? Do our neighbors want to see them walking the streets or become what is now known as 'latch -key children"? We certainly have as much a commitment to children as any. After a child enters a day care center at six months in less than 4 years we see them at GIAC. 3� 3 July 5, 1989 Only if we have space, and we must be allowed to continue to have space, can we continue to accommodate these children. We at GIAC recognize day care but also recognize the needs of all children we serve. I urge you to please re -read your copy of the Memorandum of Understanding between the Drop -in Child Care Center and the GIAC, in regard to the spacing agreement. Also I encourage you to re- read Linda Sterk's extensive report on spacing at GIAC." [•.s. Sams also said that the School District needs to have some kind of information as to whether the City plans on investigating the possibility of using Markles Flats for day care and if so they need to know because they do have tenants in that building. Paul Sayvetz, 201 Elm Street, spoke regarding the Strand Theatre. He said that he thinks there is a strong grass -roots desire for that building to get saved even if it has to be moth- balled for a number of years until we become more enlightened as a community and see the value of the building. He said that he was at both of the inspection tours of the building and he thinks that it is in much better condition than what has been reported. Southwest Park Mr. Sayvetz also spoke of the new 'No Trespassing' signs at Southwest Park. He referred to the Land and Water Conservation Fund Grants Manual and cited that "the facility shall be kept open for public use at reasonable hours and times of the year, according to the type of area or facility ". He said that he thinks the padlock on Southwest Park should be removed and that the signs should be taken down. Housing Issues in the City The following persons spoke to Council regarding housing issues in the City of Ithaca: Valerie MacDougall - 315 South Albany Street John Schroeder - 618 Stewart Avenue Fay Gougakis - 412 Tompkins Street Jeanne Fudala - 615 North Aurora Street RESPONSE TO THE PUBLIC: Shade Tree Committee Alderperson Cummings requested Council to work on the landscape guidelines and the issue of trees on private property. Tree Ordinance Nina Bassuk, 1345 Mecklenburg Road, Chair of the Shade Tree -� Advisory Committee, spoke in support of the Shade Tree Ordinance lD and urged the Council to pass the ordinance. Mayor Gutenberger thanked Nina Bassuk and the Committee for all the work that went into the report and the Ordinance. < Housing Crisis in City John Efroymson, 420 North Cayuga Street, representing an organization called 'The Affordable Housing Agenda', addressed Council. He stated that they have collected over the last couple of months over 200 signatures on a petition which he presented to Mayor Gutenberger. The petition is asking the City to take some real serious steps now. He referred to several points that need to be addressed by the City, such as Building Codes, Certificates of Occupancy,etc. Mr. Efroymson also spoke on rent control and tenants rights. Strand Theatre Joseph Moore, 706 South Plain Street, spoke to Council and urged the preservation of the Strand Theatre as a Performing Arts Center. Paul Sayvetz, 201 Elm Street, spoke regarding the Strand Theatre. He said that he thinks there is a strong grass -roots desire for that building to get saved even if it has to be moth- balled for a number of years until we become more enlightened as a community and see the value of the building. He said that he was at both of the inspection tours of the building and he thinks that it is in much better condition than what has been reported. Southwest Park Mr. Sayvetz also spoke of the new 'No Trespassing' signs at Southwest Park. He referred to the Land and Water Conservation Fund Grants Manual and cited that "the facility shall be kept open for public use at reasonable hours and times of the year, according to the type of area or facility ". He said that he thinks the padlock on Southwest Park should be removed and that the signs should be taken down. Housing Issues in the City The following persons spoke to Council regarding housing issues in the City of Ithaca: Valerie MacDougall - 315 South Albany Street John Schroeder - 618 Stewart Avenue Fay Gougakis - 412 Tompkins Street Jeanne Fudala - 615 North Aurora Street RESPONSE TO THE PUBLIC: Shade Tree Committee Alderperson Cummings requested Council to work on the landscape guidelines and the issue of trees on private property. c 4 July 5, 1989 Alderperson Nichols thanked the Shade Tree Committee and noted that the ordinance comes with the support of the Board of Public Works. On the question of Southwest Park, he thinks the Council needs an answer to Mr. Sayvetz's question. He asked for a report on that issue as soon as possible. Affordable Housing Alderperson Romanowski spoke on the affordable housing issue and asked for clarification as to what the public means when they talk about affordable housing. Maplewood Apartments /Cornell University Mayor Gutenberger stated that he has met with Cornell University regarding the Maplewood Apartments going up at the old Cornell Quarters. He has insisted that Cornell University fulfill its commitment to this community to put graduate student housing in the Maplewood Apartments. REPORT OF CITY BOARDS COMMITTEES AND COMMISSIONS: Rental Housing Task Force Steve Jackson, 142 Giles Street, Chair of the Rental Housing Task Force, presented the final report to the Council from the Rental Housing Task Force. He commented on components of the report. Mayor Gutenberger thanked Mr. Jackson, Alderperson Killeen and members of the committee for all the work that went into this study. Mr. Jackson answered questions from Alderpersons regarding this study. Board of Public Works Commissioner Reeves reported on the following for the Board of Public Works: "No Trespassing" Signs at Southwest Park - Comm. Reeves stated that the reason for the "No Trespassing" signs and the locked gate at Southwest Park was that there was quite a bit of unauthorized dumping of trash in the park by unknown persons. Recycling - Comm. Reeves stated that the City pick up of recyclable materials will be expanded this Fall to include plastics. Lynn Leopold, Recycling Coordinator, is working on the publicity. It will be on a voluntary basis, it will not be part of the mandatory recycling program, at this time. Re- bricking of Stewart Avenue - Comm. Reeves reported that the Streets and Facilities highway crews have been working on the re- bricking of Stewart Avenue. Transit Roadeo - Comm. Reeves reported that the Transit Roadeo was held on June 11th at Cass Park. There were six transit systems involved. The entire Roadeo was a great success. Privatization Issue - Comm. Reeves referred to Item 21.1, under New Business on tonight's agenda. She stated that the Board of Public Works wishes to proceed with the investigation into privatization. She said that the Board had a copy of a letter from Ron Denmark at the Wastewater Treatment Plant to Larry Fabbroni dated July 5, 1989 regarding this subject. The letter reads as follows: "In circumstances such as this there are always a great deal of rumors and I would like to inform you of my position on this matter and hope that you will consider the opinion of the staff at this facility when making a final decision in this matter. I feel strongly that we should discuss the matter with a representative from a contracting firm. I would very much like to hear directly from such a representative as I know some •e� 5 July 5, 1989 operators from privately operated wastewater treatment facilities that speak highly of privatization. After talking with such a representative I would like to request that the City involve the employees in any decision they make and the signatures below represent interest in privatization by allowing a representative to discuss the possibilities ". Comm. Reeves stated that there are 11 signatures on the letter. She said that the employees and staff will be taken into consideration and the Board of Public Works will continue to seek input from all involved. She stated that the Board of Public Works strongly urges Council to vote "No" on Alderperson Nichols' resolution in which he recommends the Board of Public Works be denied the opportunity to investigate the privatization issue. Comm. Reeves answered questions from Council. Discussion followed on the floor regarding the recycling of ,rn plastics and why it is not being made mandatory. Asst. Supt. Fabbroni answered questions from Council on this matter and indicated staff would be studying the matter further. Alderperson Cummings thanked the Board of Public Works and staff for working on the lighting of Council Chambers for the telecasting of Council meetings. Youth Bureau Board Alderperson Booth reported for the Youth Bureau Board that there is a need for people to volunteer to serve on the Youth Bureau Board, to act as policy overseers of the Youth Bureau in its operations. He said that the County Youth Bureau Board is also (tm� in need of members. He urged Council members who have suggestions to make and persons that might be desirous of serving their community in this way to let the Mayor, the Youth Bureau Director Sam Cohen or the County know of their interest. COMMUNICATIONS FROM THE MAYOR: Petition - Banning Cars Mayor Gutenberger stated that there was a petition delivered on June 12 to his office requesting the City of Ithaca to ban all cars from the City. He presented the petition to the City Clerk. Route 96 Update Mayor Gutenberger stated that the report is in its final stage of review and should be received by the end of next week. Community Development Grant Mayor Gutenberger reported that the City of Ithaca was verbally informed that our Community Development Grant application was successful. The grant is for $555,800. CITY ATTORNEY'S REPORT: Sale of the Strand Theater City Attorney Nash reported that the sale of the Strand Theatre which was scheduled for July 7th has been postponed, due to problems meeting all the legal requirements necessary to conduct the sale of that building as they originally envisioned. At this time there is no new date set for the sale. Alderperson Johnson asked if City Attorney Nash could specify what the legal problems are with the sale of the Strand. City Attorney Nash replied that all the owners have not agreed to the sale at this point. Cable Franchise Alderperson Schlather referred to a memo from City Attorney Nash dated June 30, 1989, relative to the cable franchise. He asked about the time frame in regard to approval for the transfer of the franchise to Paramount. The City Attorney said that the time frame is 120 days. Alderperson Schlather requested that the 34 6 July 5, 1989 matter be referred to the Charter and Ordinance Committee and the Cable Commission. Alderperson Schlather asked the following questions of City Attorney Nash: 1. Would he investigate and advise the Council as to whether the City will be able to charge the cost of evaluating the proposed transfer either to ACC or Paramount? 2. Could we also have clarification with respect to the advertising on channel 6, which is now an issue and the question of the franchise fee overpayment, since it appears that we may be running into a potential lawsuit on that issue as well. Alderperson Booth asked if it would be appropriate or feasible for City Attorney Nash and Planning Director Van Cort to scope out what sorts of criteria considerations the City should go through in order to make a judgment as to whether or not we should approve the transfer. Alderperson Cummings wished to clarify that it is not only the advertising on Channel 6 that we are against; it is the whole Channel. Fane Lawsuit Alderperson Killeen referred to the Jason Fane lawsuit regarding 705 East Buffalo Street. He stated that he knows it is working its way through the legal process. He said that he filed a second complaint last week because a new sign has gone up advertising the availability of rooms at that same historic home. He asked City Attorney Nash if there is no way that this matter can be brought to a closure. He asked what is holding up compliance with the 'cease and desist order' that was issued a year ago. City Attorney Nash stated that one of the problems has been the scheduling of a re- inspection of the premises. It was initially inspected in December 1988 to see if it then complied with the applicable codes as a multiple residence and the Building Commissioner took the position that since it seemed to be occupied as a fraternity, which would have different requirements, he did not want to inspect it as a multiple residence. He said that he hopes it will be re- inspected within the next two weeks so at least the City can ascertain whether it now meets Building and Housing Code requirements. City Attorney Nash further stated that the Court case, of course, involves past violations and whether or not it is now legal does not remedy the fact that it once was illegal, as the City contends. The process is long and drawn out. The matter is scheduled to return to Court on July 21st to dispose of the final motions in the case and a trial date will be set at that time. Further discussion followed on the floor between Alderperson Killeen and City Attorney Nash. Building Commissioner Datz answered questions from the floor. HUMAN SERVICES COMMITTEE: GIAC Renovations - City Contract - Report Alderperson Peterson stated that the Human Services Committee voted to proceed on the renovations as long as there was adequate funding set aside through our budget process to cover all the renovations that were necessary for GIAC programs and to provide for expanded day care. The GIAC Board, however, have come up with more concrete figures as to use of space which the committee needs to examine thoroughly. I rn c� :9 7 July 5, 1989 Alderperson Peterson said that she has sent a letter to the School Board and the Board of Representatives asking about the Markles Flats building, both for day care and for GIAC programs. The old jail was also mentioned, as it has been renovated into child care space. She further stated that Meadow House will be vacant because the facility will be moved to the new Mental Health building, so we might want to keep that in mind for child care space. Alderperson Peterson further stated that tied in with the discussion on day care and GIAC renovations, there has been a subcommittee meeting to talk about a contract that would be signed between the City and GIAC. There has been contract proposals for 6 or 7 years and we have never signed one. The final suggested language, with a couple of key questions, has been sent to City Attorney Nash for his review. Alderperson Johnson remarked that as a member of that committee, �.i.i he thinks it is important that it be noted that there were f! several members who were very concerned that we had spent an extensive amount of money on recommendations and an architect's s report and that the concerns for the programs were not taken into account at the time that study was done. Mayor Gutenberger stated that there was a lot of discussion on the programs at GIAC but the space allocation report never got done as it was supposed to. Alderperson Schlather noted that there was a Comprehensive Facilities Committee that had met at GIAC, under Bob Cutia. There were representatives of staff, the Youth Bureau, and the Board of Public Works to discuss the reuse and renovation of that facility. The end;1�esu_�l/t was that architect, Bob Boehlecke, was commissioned to,idt the renovatiOns. It should be understood that at that time the GIAC facility was being used for GIAC purposes only on the first floor. The second floor was being rented out to EOC, and in fact, had only then become vacant. As a consequence there was some discussion by GIAC about moving some of its programs temporarily up to the second floor. Alderperson Schlather further stated that at the time it appeared very reasonable to accommodate the drop -in center as a full time day care center on the first floor provided that we could assure GIAC programs full access to the second floor by means of an elevator. He said that now there is some concern that GIAC programs have expanded significantly but he certainly would not suggest that at the time that the original studies were done, that they were done without adequate information. It was done very comprehensively and there is still some disagreement on the Board as to whether or not we cannot accommodate the drop -in center as a full time program on the first floor. Homeless Shelter - Report Alderperson Peterson reported that the sub - committee on the permanent homeless shelter has been meeting regularly. They expect to have some money from EOC to help defray a substantial portion of the cost of the Southside Shelter for 1989 -90. The sub - committee is also going to look at the usage and client profiles of Southside as compared to the Red Cross Shelter. She said that the sub - committee would also like Southside to approach the Department of Social Services to ask about DSS reimbursements for clients who use Southside as DSS reimburses clients who use Red Cross or the motels. Further discussion followed on the floor on exploring the Markle Flats building as an alternative. Alderperson Peterson remarked that she thinks it space allocation at is now time to GIAC. It may look at Linda Sterk's be time to have an study of architect look at that and see if there is some space that has been overlooked. Homeless Shelter - Report Alderperson Peterson reported that the sub - committee on the permanent homeless shelter has been meeting regularly. They expect to have some money from EOC to help defray a substantial portion of the cost of the Southside Shelter for 1989 -90. The sub - committee is also going to look at the usage and client profiles of Southside as compared to the Red Cross Shelter. She said that the sub - committee would also like Southside to approach the Department of Social Services to ask about DSS reimbursements for clients who use Southside as DSS reimburses clients who use Red Cross or the motels. 36) 0 July 5, 1989 Alderperson Peterson said that there will be additional requests both from the City and County Human Service fundings for emergency shelters. We need to think about what our priorities as a city should be for human services funding. * 14.3 Support for "Housing Now!" By Alderperson Peterson: Seconded by Alderperson Johnson WHEREAS, the City Council has recognized the community's need for available, affordable housing for many sectors of the public, including the most needy and homeless, and WHEREAS, a local effort spearheaded by the "Housing Now!" Coalition is underway to stimulate participation in both national and local efforts to attack the housing crisis, and WHEREAS, Common Council's encouragement of such grass -roots involvement in housing issues is consistent with and beneficial to its own work on affordable housing; now, therefore, be it RESOLVED, That Common Council urges support for the "Housing Now! "Coalition efforts, including participation in their meetings and a special rally to be held September 9, 1989, and be it further RESOLVED, That the "Housing Now!" Coalition be invited to the September 6, 1989 Council meeting to report on its local progress regarding their agenda on tackling the housing crisis. Carried (9 -0) PLANNING AND DEVELOPMENT COMMITTEE: Hydropower - Report Alderperson Cummings reported that they are waiting for the Van Natta Dam proposals to come back. They hope to have a recommendation on Van Natta Dam in time for the August Council meeting. Alderperson Cummings referred to the Fall Creek designation and stated that it appears that the strategy of designating the river as a mechanism to prevent hydropower seems very questionable. She further stated that as a Council we have an obligation to do two things - to make sure that what goes in there is carefully controlled and environmentally compatible and a financial obligation to the city to check out where the negotiations with NYSEG are on this. She asked that if people have concerns and questions they should be directed to Alderperson Hoffman and the Hydropower Commission. Discussion followed on the setting of boundaries for designation of Fall Creek. Alderperson Hoffman remarked that the Citizens Group cannot decide on the boundaries. They can simply make recommendations to the State, as the City can also do. Mayor Gutenberger remarked that the final setting of the boundaries must also go through the Public Hearing process so that everyone has the opportunity to be heard. He further stated that staff is working on many questions at the State and Federal level. Alderperson Cummings requested that we look seriously at the European style Hyrdo - plant. Alderperson Hoffman replied that this is being done. * 15.2 West Hill Master j?-Lan Environmental Review By Alderperson Cummings: Seconded by Alderperson Killeen WHEREAS, the Department of Planning and Development has prepared a new master plan for the West Hill portion of the City of Ithaca, and 0J July 5, 1989 WHEREAS, the State Environmental Quality Review Act and the City of Ithaca's Environmental Quality Review Ordinance require that an environmental review of the West Hill Master Plan be completed before its adoption, and WHEREAS, the Board of Planning and Development has requested that Common Council designate the Planning and Development Board as lead agency for the environmental review of the West Hill Master Plan; now, therefore, be it RESOLVED, That the Board of Planning and Development is hereby designated as the lead agency for the environmental review of the West Hill Master Plan. Alderperson Schlather asked if there was any discussion about dove - tailing this environmental review with the generic environmental review that we were talking about with Mr. Nolan. He said that it seemed to him that a key component of his tom) proposal is exactly that kind of environmental review; a so- called generic environmental review that could be then used as a key document in evaluating development proposals within a master plan area. `{ Deputy Director Mazzarella stated that while we have not come up with the exact subjects on this environmental review for the West Hill Master Plan, he thinks that a lot of the attention will be focused on the impact of roads and traffic, public utilities, emergency vehicle access and similar kinds of subjects which he does not think will be the subject of Mr. Nolan's generic environmental impact statement which will deal primarily with housing development and affordibility of housing. (400.", Alderperson Schlather remarked that another concern of his is the question of lead agency and the question of giving up of a certain amount of authority. He said that it may very well be that as part of the master plan, especially with respect to the lower parts of West Hill, there is going to be a request for rezoning certain areas. He would hate to be in the position of having the Planning Board say to the City 'we will not sign off on this West Hill Master Plan unless you agree to rezone lower parts of West Hill'. He would not want the City to have to do something at the behest of the Planning Board simply because we want to get the Master Plan approved. He thinks Common Council should reserve unto itself that kind of policy making decisions as opposed to the Planning Board. Alderperson Cummings responded that this was discussed and the sense of going with the Planning Board was because it is the agency that has been involved thus far in bringing this project along, and is capable of doing a very close scrutiny in the review. Further discussion followed on the floor. Amending Resolution By Alderperson Schlather: Seconded by Alderperson Romanowski (awel RESOLVED, That the third Whereas be stricken and that the Resolved be changed to read: "RESOLVED, That Common Council be, and it is hereby designated, as the lead agency for the environ- mental review of the West Hill Master Plan." Discussion followed on the amendment. A vote on the amending resolution resulted as follows: Ayes (3) - Schlather, Romanowski, Peterson Nays (6) - Booth, Cummings, Nichols, Johnson, Killeen, Hoffman Motion Defeated (3 -6) q� 10 July 5, 1989 Main Motion A vote on the Main Motion resulted as follows: Ayes (7) - Cummings, Nichols, Johnson, Booth, Hoffman, Peterson, Killeen Nays (2) - Schlather, Romanowski Carried (7 -2) * 15.3 Amendments to Section 30.3 30.21 30.25 and 30.26 of the Zoning Ordinance (R -2c zone) By Alderperson Cummings: Seconded by Alderperson Killeen RESOLVED, That Ordinance Number 89 - entitled "An Ordinance Amending Sections 30.3, 30.21, 30.25 AND 30.26 of Chapter 30 Entitled 'Zoning' of the City of Ithaca Municipal Code" be and it hereby is introduced before the Common Council of the City of Ithaca, New York, and RESOLVED, That the Common Council shall hold a public hearing in the matter of the adoption of the aforesaid ordinance to be held at the Common Council Chambers, City Hall, 108 East Green Street, Ithaca, New York on Tuesday, August 1, 1989 at 7:00 p.m., and RESOLVED, That the City by the publication of specifying the time when will be held, and in ordinance. Such notice days prior to the public Clerk give notice of such public hearing a notice in the official newspaper, and the place where such public hearing general terms describing the proposed shall be published once at least fifteen hearing, and be it further RESOLVED, That the City Clerk shall transmit forthwith to the Board of Planning and Development and the Tompkins County Planning Board a true and exact copy of the proposed ordinance for its report thereon. ORDINANCE NO. 89 - AN ORDINANCE AMENDING SECTIONS 30.3, 30.21, 30.25 AND 30.26 OF CHAPTER 30 ENTITLED 'ZONING' OF THE CITY OF ITHACA MUNICIPAL CODE. BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, New York as follows: SECTION 1. AMENDING SECTION 30.3, DEFINITIONS. 1. That the definition for "Dwelling, one - family" shall be amended to read as follows: "'Dwelling, one - family' shall mean a dwelling unit occupied exclusively for residential purposes by an individual or family and not more than one (1) unrelated individual, or a functional family unit. In the R -1 zones, occupancy by an individual or a family plus not more than two (2) unrelated individuals is permitted if the dwelling is owner - occupied. In the R -2 and R -3 zones, occupancy by an individual or a family plus not more than two (2) unrelated individuals is permitted. A one - family dwelling may be constructed in any of the following configurations, as permitted in specific zoning districts: A. One - family detached dwelling - A building containing not more than one dwelling unit. B. One - family detached dwelling, zero lot line - A building containing not more than one dwelling unit which is sited so that the side of the building is on or near the side property line of the parcel on which it is built. C. One - family semi - detached dwelling - A building containing not more than two one - family dwellings, each lr� r)r/ 11 July 5, 1989 of which shares a party wall or other common structural elements with the other dwelling unit in the building. D. One - family attached dwelling - A building containing three or more one - family dwellings, each of which shares one or more party walls or structural elements with the other one - family dwellings in the building. A maximum of six (6) dwelling units may be attached to form a single building. 2. That a new definition for "Legal Occupant ", be added as follows: 11104. 'Legal Occupant' shall mean a person that is permitted to reside in a dwelling unit or building that contains s habitable space. The minimum amounts of habitable space that are required for legal occupancy by one or more persons are shown in Section 27.9 of the City of Ithaca Municipal Code." r . SECTION 2. AMENDING SECTION 30.21, ESTABLISHMENT OF ZONING DISTRICTS. That Section 30.21, Establishment of Zoning Districts, be amended to add the following new zoning district, to be inserted after the words 11R -2b Residential ": 11R -2c Residential". SECTION 3. AMENDING SECTION 30.25, DISTRICT REGULATIONS (400.1 1. That Section 30.25, District Regulations Chart, be amended as follows: A. Under Column 2, Permitted Primary Uses, for the R -1 districts, change "One- family dwelling" to "One- family detached dwelling ". B. Under Column 2, Permitted Primary Uses, for the R -2 districts, change "One- family dwelling" to "One- family detached or semi - detached dwelling ". C. Under Column 2, Permitted Primary Uses, add the following: 11R -2c only: Single - family detached dwelling, zero -lot line. R -2c only: Single - family attached dwelling." D. Under Column 2, Permitted Primary Uses, for the R -3 districts, change "One- or two- family dwelling" to "One family detached, semi - detached or attached dwelling or two - family dwelling." E. Under Column 2, Permitted Primary Uses, for the R -U (,move, district, change "One- or two - family dwelling" to "One- family detached, semi - detached or attached dwelling or two - family dwelling." F. Under Column 3, Permitted Accessory Uses, for the R -2 districts, add "3. R -2c only; Private garage for not more than six (6) cars per building." G. Under Column 6, Minimum Lot Size, Area in Square Feet change the following: 1. For the R -la zone, change "One- family dwelling" to "One- family detached dwelling." 40 12 July 5, 1989 2. For the R -lb zone, change "One- family dwelling" to "One- family detached dwelling." Column 7, Minimum Lot Size, Width 3. For the R -2a zone, change "One- or two - family dwelling" to "One- family detached or semi - detached dwelling" to dwelling or two - family dwelling ". "One- family detached dwelling ". 4. For the R -2b zone, change "One- or two - family dwelling" to dwelling" to "One- family detached or semi - detached dwelling or two - family dwelling ". For the R -2a zone, change "One- or two - family 5. For the R -3a zone, change "One- or two - family dwelling" to "One- family detached or semi - detached 4. dwelling or two - family dwelling ". 6. For the R -3b zone, change One- or two - family dwelling or two - family dwelling ". dwelling" to "One- family detached or semi - detached dwelling or two - family dwelling ". 7. For the R -U zone, change "One- family dwelling" to "One- family detached dwelling ". 8. For the R -U zone, change "Two- family dwelling" to "One- family semi - detached dwelling or two - family dwelling ". H. Under Column 6, Minimum Lot Size, Area in Square Feet add under the subdistrict heading "R -2c": "1. One - family detached: 2500 for the first legal occupant, plus 500 for each additional legal occupant. 2. One - family semi - detached: 2000 for the first legal occupant in each dwelling unit, plus 400 for each additional legal occupant in each dwelling unit. 3. One - family attached: 1500 for the first legal occupant in each dwelling unit, plus 300 for each additional legal occupant in each dwelling unit, plus 500 for each additional legal occupant in each dwelling unit in excess of five (5) legal occupants. 4. Two - family dwelling: 2000 for the first legal occupant in each dwelling unit, plus 400 for each additional legal occupant in each dwelling unit. 5. Other uses: 400011. I. Under Column 7, Minimum Lot Size, Width in Feet at Street Line, change the following: 1. For the R -la zone, change "One- family dwelling" to "One- family detached dwelling ". 2. For the R -1b zone, change "One- family dwelling" to "One- family detached dwelling ". 3. For the R -2a zone, change "One- or two - family dwelling" to "One- family detached or semi - detached dwelling or two - family dwelling ". 4. For the R -2b zone, change "One- or two - family dwelling" to "One- family detached or semi - detached dwelling or two - family dwelling ". I V& I rn 41 13 July 5, 1989 5. For the R -3a zone, change "One- or two - family dwelling" to "One- family detached or semi - detached dwelling or two - family dwelling ". 6. For the R -3b zone, change "One- or two - family dwelling" to "One- family detached or semi - detached dwelling or two - family dwelling ". (000, 7. For the R -U zone, change "One- family dwelling" to "One- family detached dwelling ". 8. For the R -U zone, change the "Two- family dwelling" to "One- family semi - detached or two - family dwelling ". J. Under Column 7, Minimum Lot Size, Width in Feet at Street Line, add under the subdistrict heading "R- �� 2 c" : 1. One - family detached: 40 s 2. One - family semi - detached: 50 1�) Q:'l° 3. One - family attached: 50 4. Two - family: 50 5. Other Uses: 40 K. Under Column 8, Maximum Building Height, Number of Stories, add under the subdistrict heading "R -2c ": n3". (600" L. Under Column 9, Maximum Building Height, Height in Feet, add under the subdistrict heading "R -2c ": 1135 ". M. Under Column 10, Maximum Percent Lot Coverage By Buildings, add under the subdistrict heading: "R -2c ": 1. One - family detached: 35 2. One - family semi - detached: 40 3. One - family attached: 50 4. Two - family: 40 5. Other Uses: 35 N. Under Column 11, Yard Dimensions, Front, Minimum Required, add under the subdistrict heading "R -2c ": "10". O. Under Column 12, Yard Dimensions, Side, One Side at Least, add under the subdistrict heading "R -2c ": 1. One - family detached: 10 2. One - family detached, zero lot line: 15 3. One - family semi- detached, unattached sides only: 10 4. One - family attached, unattached sides only: 10 5. Two - family: 10 14 July 5, 1989 P. Under Column 13, Yard Dimensions, Side, Other Side at Least, add under the subdistrict heading "R -2c ": 1. One - family detached: 5 2. One- family detached, zero -lot line: 0 3. One - family detached, zero - lot line, on side abutting a non - zero -lot line building: 5 4. One - family semi - detached, attached sides: 0 5. One - family attached, attached sides: 0 6. Two - family: 5 Q. Under Column 14, Yard Dimensions, Rear, Percent of Depth, add under the subdistrict heading "R -2c ": "25". R. Under Column 15, Yard Dimensions, Rear, Maximum Required in Feet, add under the subdistrict heading 11R- 2c ": 115011 SECTION 4. AMENDING SECTION 30.26, STANDARDS FOR SPECIAL CONDITIONS AND SPECIAL PERMITS. 1. That Section 30.26(B), Special Conditions, Group Care Residence, be amended by adding the following under "3. Density controls at individual facility level:" DISTRICT R -2c TOTAL AREA IN SQUARE FEET WIDTH IN FEET AT STREET LINE SIDE YARDS MAXIMUM NUMBER OF RESIDENTS 3,000 for first 6 residents + 1,000 for each add'1 resident 40 10 - 10 10 2. That Section 30.26(C), Special Permits, be amended by adding the following under Paragraph 4 (iv) after the label "R -2b ": "R -2c". SECTION 5. EFFECTIVE DATE. This ordinance shall take effect immediately and in accordance with law upon publication of a notice as provided in Section 3.11(B) of the Ithaca City Charter. Alderperson Cummings gave background information on the amendments and discussion followed on the floor. Deputy Director Mazzarella answered questions from Council members. Motion to Refer to Committee By Alderperson Nichols: Seconded by Alderperson Booth RESOLVED, That the amendments to Sections 30.3, 30.21, 30.25 and 30.26 of the Zoning Ordinance (R -2c zone) be referred to the Charter and Ordinance Committee for review and report back to the Council. Carried (9 -0) 15 July 5, 1989 Finger Lakes Parks Improvements - Report Alderperson Cummings reported that Mr. Andy Mazzella from Finger Lakes Parks came to the Planning and Development Committee meeting to give a comprehensive overview of what projects were being undertaken, including the proposed addition of a pier at the marina. He updated the committee on the additional activities that were taking place including the 30 acres of land acquisition at Treman State Park and enhancement of day use picnic facilities in that area. In addition, the bike paths, phases 1, 2 and 3 were discussed. Mr. Mazzella asked the committee to request Council to move forward on making land available for the additional pier and he updated the committee on the changes in the plans that had happened in that immediate area including the definition of boundaries of Hog's Hole, the expansion of that area to include some additional woodlands, planned enhancements of Hog's Hole by creating additional wetland habitat within the area, and ij relocation and moving of proposed parking areas slightly away r from it. 1 Alderperson Cummings asked the City Attorney about a resolution C. =�i passed at a previous Council meeting directing him to draw up any lz- necessary transfer documents and what form that transfer had to take. The Committee is now requesting that we move expeditiously on this matter. Alderperson Schlather asked City Attorney Nash if he could look into the possibility of the City entering into some kind of a revocable license agreement on the marina which would ultimately result in the transfer of the lands once all the other things (48so" that the State is talking about are done. Alderperson Peterson stated that if the State wants to expand the Marina into our lands she would like some kind of concession from the State regarding Hog's Hole. City Attorney Nash will look into the matter. Recess Common Council recessed at 10:00 p.m. and reconvened in regular session at 10:15 p.m. BUDGET AND ADMINISTRATION COMMITTEE: * 16.1 Police Department Computer Software RFP By Alderperson Schlather: Seconded by Alderperson Romanowski RESOLVED, That the Police Chief is hereby authorized to circulate a request for proposals for the acquisition and installation of a Law Enforcement Software. Carried (9 -0) * 16.2 Youth Bureau Personnel Roster Amendment By Alderperson Schlather: Seconded by Alderperson Booth RESOLVED, That the Youth Bureau Personnel Roster be amended as follows: Delete 1 20 hour per week Youth Worker Delete 1 17.5 hour per week Youth Worker Establish 1 full time Youth Worker Position Carried (9 -0) * 16.3 Youth Bureau Program Budget Amendment By Alderperson Schlather: Seconded by Alderperson Hoffman WHEREAS, The Youth Bureau has received confirmation of a New York State Education Department grant for the establishment of a Youth at Risk and Community Partnership Program, now therefore be it 4R 4 16 July 5, 1989 RESOLVED, That contingent upon actual receipt of said grant, the 1989 Budget appropriations for Youth Bureau purposes be amended as follows: Increase A7310 -120 $5,525 A7310 -440 100 A7310 -445 100 A7310 -460 275 and be it further RESOLVED, That General Fund Estimated Revenues be increased to reflect the anticipated receipt of State Aid (A3820) in the amount of $6,000. Carried (9 -0) * 16.4 Lease of New Fire Stations Sites From Town of Ithaca By Alderperson Schlather: Seconded by Alderperson Killeen RESOLVED, That the Mayor be authorized to sign an agreement with the Town Of Ithaca for the lease of the West Hill and South Hill Fire Station sites, in accordance with terms and conditions as set forth in the 1987 Fire Protection Contract. Carried (9 -0) *16.5 Request to Board of Public Works to Abandon Tioga Street South of Green Street By Alderperson Schlather: Seconded by Alderperson Johnson RESOLVED, That Common Council hereby requests, that the Board of Public Works abandon the roadbed at Tioga Street, south of Green Street, in order to allow steps to be taken to transfer necessary lands to the County as part of its development project, and be it further RESOLVED, That the Common Council requests prompt and complete resolution of outstanding parking issues pertaining to this project. Carried (9 -0) * 16.6 Public Works Employee Salary Adjustment By Alderperson Schlather: Seconded by Alderperson Romano wski RESOLVED, That Lisa Cornell be permanently appointed to the position of Administrative Secretary to the Superintendent of Public Works, and be it further RESOLVED, That her salary be increased by four percent to $17,159, which is Step 2 on the 1989 Compensation Plan for 40 hour confidential employees not covered by a bargaining unit, effective July 10, 1989. Carried (9 -0) * 16.7 Authorization to Expend Capital Reserve Fund Moneys for Purchase of DPW Equipment By Alderperson Schlather: Seconded by Alderperson Nichols RESOLVED, That an amount not to exceed $20,000 be appropriated from Capital Reserve #23 for the acquisition of Department of Public Works equipment relative to in -house sign preparation as follows: A. Sign Machine $12,500 B. Pressure Sensitive Sign Applicator 2,250 C. Graffiti Remover 4,500 D. Pullers and Push Pullers 750 $20,000 Carried (9 -0) 15 * 16.9 Increase Capital P By Alderperson Schlather: RESOLVED, That Capital increased by $64,000 for curbing on Hillview Place further 17 July 5, 1989 ro-ject for Curbing Construction Seconded by Alderperson Booth Project 206 for street curbing be the purpose of constructing granite and upper Mitchell Street, and be it RESOLVED, That $48,000 in available C.H.I.P.S. moneys and $16,000 in encumbered funds be transferred from A690 -2 and A5111- 700 for the purpose of financing said project increase. Carried (9 -0) * 16.10 Fire Department Request to Amend Roster By Alderperson Schlather: Seconded by Alderperson Hoffman WHEREAS, Fire Fighter Juddson Leonard has been placed on a permanent disability status, and has been assigned to a light duty position which involves non -fire fighting duties, now therefore be it t)) RESOLVED, That the Fire Department Roster be increased by one fire fighter position, contingent upon formal approval by the Board of Fire Commissioners, and be it further, -� RESOLVED, That said roster be reduced to its original staffing level should the permanently disabled fire fighter in question retire, and be it finally RESOLVED, That the Town of Ithaca be notified of such roster change in order to permit inclusion inapplicable fire protection contract payments. Alderperson Schlather gave background information on the resolution and discussion followed on the floor. me Mayor Gutenberger was asked to convey the resolution to the Town of Ithaca. A vote on the resolution resulted as follows: Carried (9 -0) * 16.11 Amendments to Fire Department Authorized Equipment List By Alderperson Schlather: Seconded by Alderperson Killeen RESOLVED, That authorized equipment list for the Fire Department be amended as follows: A. 1 Lot of SCBA Equipment $1,386.30 B. 2 Chain Saws 1,626.00 C. 1 Rescue Mannequin 350.00 D. 1 Vacuum Cleaner 663.76 and be it further RESOLVED, That $663.76 be transferred from account A3410 -477, Equipment Parts and Supplies, to account A3410 -225, Other Equipment , with the balance of $3,362.30 to be paid from existing funds available in account A3410 -225, and be it further RESOLVED, That this authorization is contingent upon formal approval by the Board of Fire Commissioners at its next meeting. Carried (9 -0) * 16.12 Health Insurance Premiums for 1987 Retirees By Alderperson Schlather: Seconded by Alderperson Killeen WHEREAS, three employees, Robert Breene, James Diamond, and Richard Ellis, had applied for retirement prior to the July 1, 1987 effective date of the Health Insurance Retirement Incentive Program, now therefore, be it 461 M July 5, 1989 RESOLVED, That said employees Health Insurance accounts be credited retroactively with payments made in excess of the fixed incentive program rates, as established in the Health Insurance Retirement Incentive Program which went into effect July 1, 1987. Alderperson Schlather explained that the foregoing resolution is being offered to correct inequities for these three individuals. Carried (9 -0) * 16.13 Recruitment and Selection Procedure for Department Heads and Managerial Personnel By Alderperson Schlather: Seconded by Alderperson Killeen RESOLVED, That Common Council does herewith adopt the following Recruitment and Selection Procedure for Department Heads and Managerial Personnel, effective immediately: RECRUITMENT AND SELECTION PROCEDURE FOR DEPARTMENT HEADS AND MANAGERIAL PERSONNEL I. RECRUITMENT A. Upon notice of a vacancy in any of the positions specified in Section 2.27 of the City Charter, the Personnel Department shall initiate a state -wide recruitment campaign. Newspaper advertisements and job announcements shall be circulated as follows: Newspapers Albany Times -Union Binghamton Press and Sun - Bulletin Buffalo News Cortland Standard Elmira Star - Gazette Ethnic News Ithaca Journal New York Times (if applicable) Syracuse Herald - American Job Announcements All local community outreach agencies All municipal Personnel Departments in New York State All local employment agencies All major College Placement Offices in New York State All Minority Placement Agencies in New York State Professional Journals and Publications Any that are applicable Recruitment campaigns may be extended into national searches, if the position dictates that a national search would be advisable. A minimum of thirty (30) days will be allowed for the submission of applications. If possible, the application period will be extended to sixty (60) days. B. Upon the receipt of a resume, the Personnel Department shall send a blind Equal Employment Opportunity questionnaire to the applicant. The Equal Employment Opportunity questionnaire shall be used for statistical purposes only and shall not contain any information which can be used to identify the candidate. WF r f, 19 July 5, 1989 C. Upon the return of the EEO questionnaire, the Personnel Department shall establish a profile of the applicant pool with respect to sex, race, age, handicapped status and veteran status. D. The Personnel Department shall review all applications and resumes received for the position against the established position qualifications. The Personnel Department shall then prepare a summary of the credentials of the qualified candidates. II. SEARCH COMMITTEE A. A Search Committee for the vacant position shall be established by the Mayor pursuant to Section 2.27 of the City Charter. The Mayor shall then notify the Personnel Department of the composition of the Search If the Search Committee determines that the Applicant Pool Profile reflects an adequate recruitment effort, the Committee shall select approximately six to eight candidates for interviews. D. Prior to conducting the interviews, the Search Committee shall, in consultation with the Mayor, determine the qualities being sought for the position and establish the criteria which shall be used to evaluate the candidates. Once these criteria have been determined, the Search Committee shall develop questions designed to elicit responses which can be used to evaluate candidates against the criteria. III. INTERVIEW PROCESS A. The Personnel Department shall schedule interviews with the candidates selected by the Search Committee. Approximately one (1) hour shall be reserved for each interview. B. Prior to the interviews, the Personnel Department shall prepare an informational packet for each Search Committee member. Said packets shall contain copies of the applications, copies of the interview questions, candidate evaluation sheets, the position job description, relevant salary and benefit information, and relevant information pertaining to the department involved, its organization, its staffing and its responsibilities. The Personnel Department shall also include an informational sheet regarding questions which are prohibited under the New York State Human Rights Law. Committee. B. Following the closing date for the submission of vy applications, the Personnel Department shall organize the initial Search Committee meeting. The Personnel �. Department shall supply each Search Committee member with the summary of candidate credentials, copies of all approved applications, and a copy of the Applicant Pool Profile prior to the initial meeting. The Search Committee members shall independently review the above information prior to meeting, and shall bring their comments and recommendations on the candidate pool to the initial meeting. C. At its initial meeting, the Search Committee shall review the Applicant Pool Profile and determine whether it is necessary to re- advertise the position. If a decision to re- advertise is made, it shall be made in consultation with the Mayor. If the Search Committee determines that the Applicant Pool Profile reflects an adequate recruitment effort, the Committee shall select approximately six to eight candidates for interviews. D. Prior to conducting the interviews, the Search Committee shall, in consultation with the Mayor, determine the qualities being sought for the position and establish the criteria which shall be used to evaluate the candidates. Once these criteria have been determined, the Search Committee shall develop questions designed to elicit responses which can be used to evaluate candidates against the criteria. III. INTERVIEW PROCESS A. The Personnel Department shall schedule interviews with the candidates selected by the Search Committee. Approximately one (1) hour shall be reserved for each interview. B. Prior to the interviews, the Personnel Department shall prepare an informational packet for each Search Committee member. Said packets shall contain copies of the applications, copies of the interview questions, candidate evaluation sheets, the position job description, relevant salary and benefit information, and relevant information pertaining to the department involved, its organization, its staffing and its responsibilities. The Personnel Department shall also include an informational sheet regarding questions which are prohibited under the New York State Human Rights Law. IV. V. VI. 20 July 5, 1989 An information packet shall also be prepared for the Mayor, and the Personnel Department shall invited the Mayor to attend the Search Committee interviews. C. During the interviews, the Search Committee will attempt to ask similar questions of all candidates, so that all candidates are judged by the same standards. It is understood, however, that different follow -up questions will probably be necessitated by the various candidate responses. D. Reasonable travel and interview expenses shall be paid to candidates upon the submission of a City voucher. All efforts shall be made for candidates to use the least expensive mode of transportation to Ithaca, and to avoid the need for lodging expenses unless candidates reside more than four (4) hours from Ithaca. E. Throughout the Search Process, the Personnel Department shall keep candidates apprised of the status of the search. COMMITTEE RECOMMENDATIONS A. Following the candidate interviews, the Search Committee shall discuss and evaluate the candidates. The Search Committee may request that the Personnel Department solicit candidate references prior to making recommendations to the Mayor. After discussion and evaluations, the Committee shall choose the top three candidates and forward their names to the Mayor for consideration, with comments in support of each recommendation. B. It shall be the decision of the Search Committee as to whether the names recommended to the Mayor are or are not ranked. C. At the request of the Search Committee, the Personnel Department shall prepare the Committee's recommendations and forward them to the Mayor. MAYOR'S SELECTION A. The Mayor shall conduct interviews with one or more of the candidates recommended by the Search Committee, at his /her discretion. B. Following the selection of a candidate, the Mayor shall notify the Common Council and the Search Committee of his /her selection and shall forward his /her salary recommendations to the Budget and Administration Committee for their review. C. It shall be the decision of the Mayor as to whether a public announcement of the selection shall be made prior to or following the official appointment of the candidate. D. Once the Mayor has offered the position to a candidate and the candidate has accepted the position, but prior to the public announcement of the selection, the Mayor shall direct the Personnel Department to notify all remaining candidates that a selection has been made. AFFIRMATIVE ACTION A. The City's Affirmative Action Policies will apply in all stages throughout this process. 1 f) 21 July 5, 1989 Discussion followed on the floor on the wording of IIC under the Search Committee heading. Amending Resolution By Alderperson Booth: Seconded by Alderperson Johnson RESOLVED, That under IIC, in the second paragraph, it reads as follows: "If the Search Committee determines that the Applicant Pool Profile reflects an adequate recruitment effort, the Committee shall select an appropriate number of candidates for interviews. Ayes (6) - Johnson, Nichols, Peterson, Hoffman, Booth, Romanowski Nays (3) - Schlather, Cummings, Killeen Carried (6 -3) Main Motion as Amended A vote on the Main Motion as Amended resulted as follows: Carried (9 -0) `) *16.14 Planning Department - Planner II Salary Adjustment i.� By Alderperson Schlather: Seconded by Alderperson Cummings `Y RESOLVED, That the salary of Helen Jones be increased to $26,388, which is Step 7 on the Planner II line of the Administrative Unit Compensation Plan, effective July 10, 1989. Ayes (8) - Booth, Cummings, Nichols, Killeen, Johnson, Hoffman, Peterson, Romanowski Nay (1) - Schlather Carried (8 -1) * 16.15 Planning Department - Planner II Salary Adjustment By Alderperson Schlather: Seconded by Alderperson Cummings RESOLVED, That the salary of Leslie Chatterton be increased to $25,373, which is Step 6 on the Planner II line of the Administrative Unit Compensation Plan, effective July 10,1989. Ayes (8) - Booth, Cummings, Nichols, Killeen, Johnson, Hoffman, Peterson, Romanowski Nay (1) - Schlather Carried (8 -1) * 16.16 Planning Department - Consulting Services/Nolan_ Contract By Alderperson Schlather: Seconded by Alderperson Johnson RESOLVED, That a proposal from Nolan Associates, Inc. be accepted for the provision of consulting services in connection with an Environmental Impact Mitigation program, inclusive of an allowance for reimbursable expense, in an amount not to exceed $13,500, and be it further RESOLVED, That $13,500 be transferred from account A1990, Restricted Contingency, to account A8020 -435, Planning Department Contractual Services. Discussion followed on the floor regarding a schedule and time - frame in regards to Mr. Nolan's contract. A vote on the resolution resulted as follows: Carried (9 -0) * 16.17 Planning Department_ - Hydro RFP Consulting Services By Alderperson Schlather: Seconded by Alderperson Johnson RESOLVED, That an amount not to exceed $2,600 be appropriated for consulting services relative to the review of VanNatta Dam request for proposals expected to be received on or before July 14, 1989, and be it further 50 22 July 5, 1989 RESOLVED, That $2,600 be transferred from A1990, Unrestricted Contingency, to account A8020 -435, Planning Department Contractual Services for such purpose. Carried (9 -0) * 16.18 Bond Resolution - New Fire Stations By Alderperson Schlather: Seconded by Alderperson Killeen RESOLVED, That a resolution authorizing the issuance of $2,185,000 Serial Bonds of the City of Ithaca, Tompkins County, New York, to pay part of the cost of the construction of new City Fire Stations be hereby approved. A RESOLUTION AUTHORIZING THE ISSUANCE OF $2,185,000 SERIAL BONDS OF THE CITY OF ITHACA, TOMPKINS COUNTY, NEW YORK, TO PAY PART OF THE COST OF THE CONSTRUCTION OF NEW CITY FIRE STATIONS. WHEREAS, the capital project hereinafter described has been determined to be an "Unlisted Action" for purposes of the State Environmental Quality Review Act which will not result in any significant environmental effects, and WHEREAS, all conditions precedent to the financing of the capital project hereinafter described, including compliance with the provisions of the State Environmental Quality Review Act, have been performed, and WHEREAS, it is now desired to authorize the financing of such capital project; now, therefore, be it RESOLVED, by the Common Council of the City of Ithaca, Tompkins County, New York, as follows: Section 1. For the specific object or purpose of paying part of the cost of the construction of new City fire stations, one station to be constructed on a parcel of land to be leased from the Town of Ithaca and located on Trumansburg Road on the former Odd Fellows Farm, such fire station to be known as the West Hill Fire Station, and the other fire station to be constructed on a parcel of land to be leased from the Town of Ithaca and located on the southwestern end of the Ithaca College campus on Danby Road, such fire station to be known as South Hill Fire Station, there are hereby authorized to be issued $2,185,000 serial bonds of the City of Ithaca, Tompkins County, New York, pursuant to the provisions of the Local Finance Law. Further details concerning said bonds will be prescribed in a further resolution or resolutions of this Common Council. Section 2. It is hereby determined that the maximum estimated cost of the aforesaid specific object or purpose is $2,300,000 and that the plan for the financing thereof is as follows: a. by the issuance of the $2,185,000 serial bonds of said City authorized to be issued pursuant to the provisions of this resolution; and b. by the expenditure of $115,000 monies of said City, which monies are hereby appropriated therefor and which monies shall constitute the down payment required by Section 107.00 of the Local Finance Law. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is thirty years, pursuant to subdivision 11 (a)(1) of paragraph a of Section 11.00 of the Local Finance Law. Section 4. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of WE I rn 51 Section 6. The validity of such bonds and bond anticipation notes may be contested only if: �S 1 1) Such obligations are authorized for an object or purpose for which said City is not authorized to expend money, or �S. 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with. and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 7. This resolution, which takes effect immediately, shall be published in full in the Ithaca Journal, the official newspaper, together with a notice of the City Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. The question of the adoption of the foregoing resolution was duly put to a vote on roll call which resulted as follows: Aye 23 July 5, 1989 Aye the serial bonds herein authorized, including renewals of such Aye notes, is hereby delegated to the City Controller, the chief Aye fiscal officer. Such notes shall be of such terms, form and Aye contents, and shall be sold in such manner, as may be prescribed Aye by said City Controller, consistent with the provisions of the Aye Local Finance Law. ka"', Section 5. The faith and credit of said City of Ithaca, Aye Tompkins County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such obligations as Ayes (9) the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such obligations becoming due and payable in such year. Section 6. The validity of such bonds and bond anticipation notes may be contested only if: �S 1 1) Such obligations are authorized for an object or purpose for which said City is not authorized to expend money, or �S. 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with. and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 7. This resolution, which takes effect immediately, shall be published in full in the Ithaca Journal, the official newspaper, together with a notice of the City Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. The question of the adoption of the foregoing resolution was duly put to a vote on roll call which resulted as follows: Aye - Romanowski Aye - Schlather Aye - Nichols Aye - Johnson Aye - Cummings Aye - Peterson Aye - Killeen Aye - Hoffman Aye - Booth Ayes (9) Carried * 16.19 Bond Resolution - Fire Station Renovations By Alderperson Schlather: Seconded by Alderperson Killeen RESOLVED, That a resolution authorizing the issuance of $950,000 in Serial Bonds of the City of Ithaca, Tompkins County, New York, to pay part of the cost of reconstruction of City Fire Stations be hereby approved. A RESOLUTION AUTHORIZING THE ISSUANCE OF $950,000 SERIAL BONDS OF THE CITY OF ITHACA, TOMPKINS COUNTY, NEW YORK, TO PAY PART OF THE COST OF THE RECONSTRUCTION OF CITY FIRE STATIONS. WHEREAS, all conditions precedent to the financing of the capital project hereinafter described, including compliance with the provisions of the State Environmental Quality Review Act, have been performed, and WHEREAS, it is now desired to authorize the financing of such capital project; now, therefore, be it 5") 24 July 5, 1989 RESOLVED, by the Common Council of the City of Ithaca, Tompkins County, New York, as follows: Section 1. For the class of objects or purposes of paying part of the cost of the reconstruction of fire stations of the City of Ithaca, Tompkins County, New York, there are hereby authorized to be issued $950,000 serial bonds of the City of Ithaca, Tompkins County, New York, pursuant to the provisions of the Local Finance Law. Further details concerning said bonds will be prescribed in a further resolution or resolutions of this Common Council. Section 2. It is hereby determined that the maximum estimated cost of the aforesaid specific object or purpose is $1,000,000 and that the plan for the financing thereof is as follows: a. by the issuance of the $950,000 serial bonds of said City authorized to be issued pursuant to the provisions of this resolution; and b. by the expenditure of $50,000 monies of said City, which monies are hereby appropriated therefor and which monies shall constitute the down payment required by Section 107.00 of the Local Finance Law. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is twenty years, pursuant to subdivision 12 (a)(1) of paragraph a of Section 11.00 of the Local Finance Law. Section 4. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated to the City Controller, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said City Controller, consistent with the provisions of the Local Finance Law. Section 5. The faith and credit of said City of Ithaca, Tompkins County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such obligations as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such obligations becoming due and payable in such year. Section 6. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said City is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with. and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 7. This resolution, which takes effect immediately, shall be published in full in the Ithaca Journal, the official newspaper, together with a notice of the City Clerk in B 3 25 July 5, 1989 substantially the form provided in Section 81.00 of the Local Finance Law. The question of the adoption of the foregoing resolution was duly put to a vote on roll call which resulted as follows: Aye - Romanowski Aye - Schlather Aye - Nichols Aye - Hoffman Aye - Johnson Aye - Killeen Aye - Booth Aye - Peterson Aye - Cummings Ayes (9) Carried * 16.20 Bond Resolution Reconstruction Stewart Avenue Bridge By Alderperson Schlather: Seconded by Alderperson Peterson RESOLVED, That a resolution authorizing the issuance of $430,000 in Serial Bonds of the City of Ithaca, Tompkins County, New York, to pay part of the cost of reconstruction of the Stewart Avenue Bridge be hereby approved. A RESOLUTION AUTHORIZING THE BONDS OF THE CITY OF ITHACA, PAY PART OF THE COST OF THE AVENUE BRIDGE IN AND FOR SAID ISSUANCE OF $430,000 SERIAL TOMPKINS COUNTY, NEW YORK, TO RECONSTRUCTION OF THE STEWART CITY. WHEREAS, all conditions precedent to the financing of the capital project hereinafter described, including compliance with the provisions of the State Environmental Quality Review Act, have been performed, and WHEREAS, it is now desired to authorize the financing of such capital project; now, therefore, be it RESOLVED, by the Common Council of the City of Ithaca, Tompkins County, New York, as follows: Section 1. For the specific object or purpose of paying part of the cost of the reconstruction of the Stewart Avenue Bridge in and for the City of Ithaca, Tompkins County, New York, there are hereby authorized to be issued $430,000 serial bonds of the City of Ithaca, Tompkins County, New York, pursuant to the provisions of the Local Finance Law. Further details concerning said bonds will be prescribed in a further resolution or resolutions of this Common Council. Section 2. It is hereby determined that the maximum estimated cost of the aforesaid specific object or purpose is $530,000 and that the plan for the financing thereof is as follows: a. by the issuance of the $430,000 serial bonds of said City authorized to be issued pursuant to the provisions of this resolution; and b. by the expenditure of $100,000 monies received by said City from the State Department of Transportation as aid for such project, which monies are hereby appropriated therefor and which monies shall constitute the down payment required by Section 107.00 of the Local Finance Law. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is twenty years, pursuant to subdivision 10 of paragraph a of Section 11.00 of the Local Finance Law. 5:1 511 26 July 5, 1989 Section 4. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated to the City Controller, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said City Controller, consistent with the provisions of the Local Finance Law. Section 5. The faith and credit of said City of Ithaca, Tompkins County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such obligations as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such obligations becoming due and payable in such year. Section 6. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said City is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with. and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 7. This resolution, which takes effect immediately, shall be published in full in the Ithaca Journal, the official newspaper, together with a notice of the City Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. The question of the adoption of the foregoing resolution was duly put to a vote on roll call which resulted as follows: Aye - Schlather Aye - Cummings Aye - Peterson Aye - Nichols Aye - Killeen Ayes (9) * 16.21 Finance Departme By Alderperson Schlather: RESOLVED, That Connie J. Acting Deputy City Clerk 24, 1989. Aye - Booth Aye - Romanowski Aye - Hoffman Aye - Johnson Carried nt Appointment Acting Deputy City Clerk Seconded by Alderperson Romanowski Holcomb be appointed to the position of at a salary of $19,399, effective July Carried (9 -0) * 16.22 Finance Department - Amend Authorized Equipment List By Alderperson Schlather: Seconded by Alderperson Romanowski RESOLVED, That the authorized equipment list for the Finance Department be amended to include one FAX machine at an estimated cost of $1,900 and be it further RESOLVED, That said acquisition be financed by transferring $1,900 to account A1315 -225, Other Equipment, from the following accounts: 0 14 i) 1 27 A1990 Unrestricted Contingency Trust And Agency /Building & Fire Code Enforcement Aid F8311 -425 G8111 -425 J8150 -425 Total July 5, 1989 $700 300 300 300 300 $1,900 Carried (9 -0) * 16.23 Audit By Alderperson Schlather: Seconded by Alderperson Johnson RESOLVED, That bills presented, as listed on Audit Abstract #12/1989, in the total amount of $13,325.58, be approved for payment. Carried (9 -0) * 16.24 Renewal Contract with Blue Cross /Blue Shield (\J By Alderperson Schlather: Seconded by Alderperson Killeen RESOLVED, That the Mayor be authorized to sign the renewal contract with Blue Cross Blue Shield for provision of Health Insurance Services and related stop -loss coverages, for the period July 1, 1989 - December 31, 1990, and be it further RESOLVED, That in lieu of purchase of a surety bond in connection therewith, the City Controller be and is hereby authorized to invest $322,000 of available fund balance in the Tompkins County Trust Company at competitive interest rates as required by the New York State Insurance Department. Carried (9 -0) CHARTER AND ORDINANCE COMMITTEE: * 17.1 An Ordinance Adding a New Chapter 67, Entitled 'Protection and Maintenance of Trees and Shrubs on City Property', to the City of Ithaca Municipal Code By Alderperson Booth: Seconded by Alderperson Cummings WHEREAS, the City of Ithaca enjoys a beautiful and healthy environment in which many persons live and work, and WHEREAS, the protection and maintenance of trees and shrubs on City property are important in preserving the beauty of the City and the integrity and vitality of our urban environment, and WHEREAS, the City of Ithaca wishes to provide for the protection and maintenance of trees and shrubs on City property; now, therefore, be it RESOLVED, That the Common Council of the City of Ithaca does hereby adopt Chapter 67, entitled 'Protection and Maintenance of Trees and Shrubs on City Property' as follows: CHAPTER 67 PROTECTION AND MAINTENANCE OF TREES AND SHRUBS ON CITY PROPERTY 1. BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, County of Tompkins, State of New York. Section 67.1 Purpose This ordinance regulates the planting, maintenance, protection and removal of trees and shrubs on public streets, parks and other city -owned property; provides for a Shade Tree Advisory Committee;,and establishes the office of a City Forester in the Department of Public Works. This ordinance also provides for the issuing of permits for the planting, maintenance, protection and removal of trees and shrubs in city -owned places. RE Section 67.2 Short Title July 5, 1989 This ordinance shall be known and may be cited as the "City Tree Ordinance ". Section 67.3 Definitions The following terms shall have meanings provided in this section, unless their context requires otherwise: 1. "City agency means any department, board, commission, committee, or other entity within the government of the City of Ithaca. 2. "Person" means any corporation, firm, partnership, association, trust, estate, one or more individuals, and any unit of government or agency or subdivision thereof except for a city agency. 3. "Trees and shrubs" means any woody plants which have self- supporting, viable above ground parts which are viable year round. Section 67.4 Authority and Responsibilities 1. The office of the City Forester is hereby established in the Department of Public Works. 2. The City Forester, in consultation with the Shade Tree Advisory Committee (STAC) and the Board of Public Works, shall have the authority to implement and enforce the provisions of this ordinance. 3. In furtherance of the purpose of this ordinance, the Board of Public Works, in consultation with the City Forester and STAC, shall have the authority to adopt rules and regulations regarding arboricultural specifications and standards of practice and such additional rules and regulations as the Board determines are necessary. These regulations shall govern the planting, maintenance, removal, fertilization, pruning and protection of trees and shrubs on public streets, parks or other city property. 4. In the absence of the City Forester, the duties of that office shall be the responsibility of the Supervisor of Parks and Forestry within the Department of Public Works. Section 67.5 Shade Tree Advisory Committee There shall be a Shade Tree Advisory Committee consisting of the following: at least six persons appointed by the Mayor with the consent of Common Council, two - thirds of which must be city residents. Members shall serve terms of three years, with two of the original members serving three years terms beginning in 1989, two of the original members serving two year terms beginning in 1989, and two of the original members serving one year terms beginning in 1989. Members may be reappointed for additional terms. The members of the committee shall pick a chairperson at the first meeting of each year on or following January 1. Section 67.6 Planting, Maintenance, Removal or Replacement 1. No person or city agency shall plant, spray, fertilize, prune, remove, replace, or otherwise disturb any tree or shrub on any public street, park or other city -owned property without first submitting a written request therefor and obtaining written permission from the City Forester. Requests for written permission shall be Jd 29 July 5, 1989 acted on within 5 business days of filing the written request with the City Forester. All work for which such permission is given shall be done in accordance with the Department of Public Works' rules and regulations adopted pursuant to section 67.4 of this ordinance. (4mo", 2. Persons or city agencies conducting regular maintenance work on trees or shrubs may be granted general permits to cover their work on a yearly basis. (6w, 5. Wherever it is necessary to remove a tree or shrub from a public right -of -way in connection with the paving of a sidewalk, or the paving or widening of a street, the city or responsible agency or person shall replant such tree or shrub or replace it. If conditions prevent re- planting in the right -of -way, this requirement may be satisfied by planting on the adjoining property if the property owner agrees. 6. Requests from private citizens that new street trees be planted near their property shall be accommodated in accordance with planting priorities set by the City Forester in consultation with STAC and the Board of Public Works. Section 67.7 Abuse or Mutilation of Public Trees and Shrubs Unless specifically authorized in writing by the City Forester, no person or city agency shall intentionally damage, cut, carve, transplant, or remove any tree or shrub on city owned property; attach any rope, wire, nails, advertising posters, or other contrivance to any such tree or shrub; allow any gas, liquid, or solid substance which is harmful to any such tree or shrub to come in contact with it; or set fire or permit any fire to burn when such fire or heat thereof will injure any portion of any tree or shrub on city property. Written authorizations for any action governed by this section may be obtained in the same manner as provided in section 67.6 of this ordinance. Section 67.8 Protection of Public Trees and Shrubs 1. Without written permission from the City Forester, no person or city agency shall a) undertake any construction or development activity, (including but not limited to the excavation of any ditches, tunnels, or trenches, or the laying of pavement), within the 3. Whenever a person or city agency obtains written permission pursuant to subdivision one of this section to remove a tree or shrub from any city -owned land for the purpose of construction, or for any other reason, such person or agency shall subsequently replace the tree or shrub within one year of the issuance of the tree removal permit. Such replacement shall meet the �j standards of size, species, and placement as provided for in the tree removal permit issued by the City Forester. The permit holder shall bear the cost of - removal and replacement of all trees or shrubs removed F =� j f•.. pursuant to the permit. 4. It is the responsibility of the City Forester to determine if trees or shrubs on city -owned property are hazardous and to remove dead or hazardous trees or shrubs from city -owned property. If replacement is recommended by the City Forester, the city shall replace the tree or shrub within one year of removal. (6w, 5. Wherever it is necessary to remove a tree or shrub from a public right -of -way in connection with the paving of a sidewalk, or the paving or widening of a street, the city or responsible agency or person shall replant such tree or shrub or replace it. If conditions prevent re- planting in the right -of -way, this requirement may be satisfied by planting on the adjoining property if the property owner agrees. 6. Requests from private citizens that new street trees be planted near their property shall be accommodated in accordance with planting priorities set by the City Forester in consultation with STAC and the Board of Public Works. Section 67.7 Abuse or Mutilation of Public Trees and Shrubs Unless specifically authorized in writing by the City Forester, no person or city agency shall intentionally damage, cut, carve, transplant, or remove any tree or shrub on city owned property; attach any rope, wire, nails, advertising posters, or other contrivance to any such tree or shrub; allow any gas, liquid, or solid substance which is harmful to any such tree or shrub to come in contact with it; or set fire or permit any fire to burn when such fire or heat thereof will injure any portion of any tree or shrub on city property. Written authorizations for any action governed by this section may be obtained in the same manner as provided in section 67.6 of this ordinance. Section 67.8 Protection of Public Trees and Shrubs 1. Without written permission from the City Forester, no person or city agency shall a) undertake any construction or development activity, (including but not limited to the excavation of any ditches, tunnels, or trenches, or the laying of pavement), within the 58 30 July 5, 1989 dripline of any city tree or shrub, or b) move or park vehicles associated with any construction or development activity which may affect any tree or shrub on city property. 2. All trees or shrubs on any public street or other city owned property directly impinging on any excavation or construction of any building, structure, or street work, shall be guarded as follows: a) for trees or shrubs with a crown spread of eight feet or less, a substantial fence, frame or box not less than four feet high and eight feet square shall surround the tree or shrub; b) for a tree or shrub with a crown spread over eight feet, a fence not less than 4 feet high shall be placed at least at the tree or shrub's dripline, or at a distance prescribed by the City Forester. All building material, soil, or debris shall be kept outside these barriers. 3. No person or city agency shall deposit, place, store, or maintain upon any public place of the city any stone, brick, sand, concrete, or other materials which may impede the free passage of water, air, and fertilizer to the roots on any tree or shrub growing thereon, except by written permit of the City Forester. 4. Any written permission required by this section may be obtained in the same manner as provided for in section 67.6. Section 67.9 Obstructions Caused by Trees or Shrubs on Property Adjoining Public Streets 1. It shall be the duty of any person owning real property bordering on a public street to ensure that trees and shrubs on that property are pruned in a manner that will not obstruct or shade street lights, obstruct the passage of pedestrians on sidewalks, obstruct vision of traffic signs, or obstruct the view of any street or alley intersection. If trees are interfering with utility wires, it is the obligation of the appropriate utility company to correct the situation. 2. Should any person owning real property bordering on any public street fail to comply as herein above provided, the City Forester shall order the owner to take corrective action within 15 days after receipt of written notice. 3. The order required herein shall be served by mailing a copy of it to the last known address of the property owner. 4. When a person to whom an order is directed shall fail to comply within the specified time, it shall be lawful for the city to prune such trees or shrubs, or to pay for such pruning, and the cost thereof shall be assessed to the owner. Section 67.10 Emergency Work 1. This ordinance shall not govern any emergency activity immediately necessary to protect life, safety or property, or to maintain access to any property. Any such activity shall incorporate reasonable efforts to protect trees and shrubs on city property from unnecessary damage. 11� 31 July 5, 1989 2. Any person or city agency engaged in any action covered by subdivision 1 shall make a reasonable effort to notify the City Forester prior to commencing that action and shall in any event, provide written notice of the emergency and the work done by the City Forester within three calendar days of commencing that work. Section 67.11 Violation and Penalty Any person who violates or fails to comply with any of the provisions of this ordinance shall be guilty of a violation, and upon conviction thereof shall be fined a sum not more than $250 plus the cost of rectifying damage to any tree or shrub on city - owned property. Discussion followed on the floor regarding the City Forester position. Mayor Gutenberger expressed concern that Section 67.6, states that 'action will be taken by the City Forester within 5 business days.' He asked what would happen if the City Forester does not act within that time frame. Alderperson Booth responded that as he understands New York State law a time period is only directory unless it specifically says it is mandatory. He asked that the record reflect that if the City Forester is absent or if there is no City Forester at the time, the matter would be handled by another City official. Further discussion followed on the floor. A vote on the resolution resulted as follows: Carried (9 -0) * 17.2 An Ordinance Amending Section 60.59 of Chapter 60 Entitled 'Traffic and Vehicles' of the City of Ithaca Municipal Code (Parking Meter Violations) By Alderperson Booth: Seconded by Alderperson Schlather AN ORDINANCE AMENDING SECTION 60.59 OF CHAPTER 60 ENTITLED 'TRAFFIC AND VEHICLES' OF THE ITHACA CITY MUNICIPAL CODE BE IT ORDAINED AND ENACTED by the Common Council of the City (400" of Ithaca, New York as follows: Section 1. That Section 60.59 of Chapter 60 entitled 'Traffic and Vehicles' of the Ithaca City Municipal Code be and it is hereby amended to read as follows: Notwithstanding the provisions of Section 60.100 and in full acquittance of any violation for parking for a longer period of time than is permitted, a civil penalty in the sum of [Two Dollars ($2.00)] Three Dollars ($3.00) may be paid if such sum is paid within twenty -four (24) hours of such violation. Section 67.12 Separability Should any section, clause, or provision of this ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the ordinance as a whole, or parts thereof, other than the part so declared to be invalid. 2. This ordinance shall take effect on August 1, 1989 following publication of a notice as provided in Section 3.11(B) of the Ithaca City Charter. Discussion followed on the floor regarding the City Forester position. Mayor Gutenberger expressed concern that Section 67.6, states that 'action will be taken by the City Forester within 5 business days.' He asked what would happen if the City Forester does not act within that time frame. Alderperson Booth responded that as he understands New York State law a time period is only directory unless it specifically says it is mandatory. He asked that the record reflect that if the City Forester is absent or if there is no City Forester at the time, the matter would be handled by another City official. Further discussion followed on the floor. A vote on the resolution resulted as follows: Carried (9 -0) * 17.2 An Ordinance Amending Section 60.59 of Chapter 60 Entitled 'Traffic and Vehicles' of the City of Ithaca Municipal Code (Parking Meter Violations) By Alderperson Booth: Seconded by Alderperson Schlather AN ORDINANCE AMENDING SECTION 60.59 OF CHAPTER 60 ENTITLED 'TRAFFIC AND VEHICLES' OF THE ITHACA CITY MUNICIPAL CODE BE IT ORDAINED AND ENACTED by the Common Council of the City (400" of Ithaca, New York as follows: Section 1. That Section 60.59 of Chapter 60 entitled 'Traffic and Vehicles' of the Ithaca City Municipal Code be and it is hereby amended to read as follows: Notwithstanding the provisions of Section 60.100 and in full acquittance of any violation for parking for a longer period of time than is permitted, a civil penalty in the sum of [Two Dollars ($2.00)] Three Dollars ($3.00) may be paid if such sum is paid within twenty -four (24) hours of such violation. GO 32 July 5, 1989 Section 2. Effective Date. This ordinance shall take effect on August 1, 1989 upon publication of a notice as provided in Section 3.11(B) of the Ithaca City Charter. Alderperson Booth gave background information on the resolution and discussion followed on the floor regarding the raising of parking fines. It was pointed out by Alderperson Schlather that the last time the fine was raised was in 1984. A vote on the resolution resulted as follows: Carried (9 -0) An Ordinance Amending Chapter 31, Entitled 'Subdivision Regulations' of the city of Ithaca Municipal Code (Pertaining to City Exactions of Money for Park Purposes) - Report Alderperson Booth reported that discussions are still ongoing on this subject in the Planning and Development Committee and the Planning and Development Board. When the Charter and ordinance Committee receives a report back, they will bring it back to Council. Amending the City's Environmental Review Ordinance - Report Alderperson Booth reported that the revision on this ordinance is in the Clerk's Office to be re- typed. He will be distributing copies to Council and Department Heads when it is completed. Amending the Noise Ordinance -.Report Alderperson Booth reported that the Noise Ordinance has been revised and is also in the Clerk's Office to be re- typed. He will be distributing copies to Council and Department Heads when it is completed. NEW BUSINESS• Privatization for Public Utilities By Alderperson Nichols: Seconded by Alderperson Johnson WHEREAS, the Board of Public Works has on its Committee of the Whole agenda the subject of "privatization" of the City's water and wastewater treatment plants, and WHEREAS, the provision of services that affect the lives and well -being of our citizens are too important to take any chances with their operation by private parties, and WHEREAS, the device of "privatization" should not be used to bypass the protections provided to our employees by Civil Service Law, and WHEREAS, whatever problems may exist in the present or future operations of the water and wastewater treatment plants should be dealt with directly, within the framework of the City's continued direct control and operation, and WHEREAS, prompt action by Council on the City's policy in regard to privatization could save much time and controversy regarding that possibility, which time would be better spent in planning whatever changes are necessary in the City's operation of the water and wastewater treatment plants; now, therefore, be it RESOLVED, That it is the policy of the City of Ithaca that its public utilities will not be turned over to private operation. Alderperson Nichols stated that it is his firm belief that as a matter of principle, such public functions that are so environmentally significant to the public at large, such as a water plant or a waste water treatment plant, should be carried out as a public function, as a city function. He further believes that the Board of Public Works should be spending more time on issues of re- organization of the Department facilites, 61 33 July 5, 1989 parking, traffic, etc. He believes that if a great deal of time is spent on this question of privatization, valuable time will be lost in studying and working on other very important issues. If it is true, that in the end, members of Council believe in this principle of government operation then the whole discussion will turn out to be fruitless. He believes that Council should set the policy on this question and set it reasonably quickly. However, Alderperson Nichols stated, he understands Council reluctance in taking an action on a motion of this kind without some committee discussion and he would not object to a referral to committee. He did ask that Council move on this and set a policy as quickly as possible. Alderperson Schlather remarked the Alderperson's points are well taken but he did not wish to foreclose discussion on the issue. He therefore recommended it be referred to the Budget and E_E Administration Committee. pi) Motion to Refer to Committee -3 By Alderperson Schlather: Seconded by Alderperson Romanowski RESOLVED, That the matter of privatization be referred to the �..!� Budget and Administration Committee for review. Discussion followed on the floor on whether or not this issue should be referred to the Committee of the Whole. Amending Motion to Refer to Committee By Alderperson Nichols: Seconded by Alderperson Booth RESOLVED, That the motion to refer to committee be amended to read "RESOLVED, That the matter of privatization be referred to the Budget and Administration Committee for review, and be it further RESOLVED, That all members of Council who attend the meeting to discuss this issue shall be entitled to vote at the committee level on that issue." Ayes (5) - Nichols, Johnson, Booth, Hoffman, Peterson Nays (4) - Schlather, Romanowski, Killeen, Cummings Carried (5 -4) Discussion continued regarding referral motion. Main Motion as Amended A Vote on the Main Motion as Amended resulted as follows: Ayes (7) - Schlather, Nichols, Killeen, Booth, Johnson, Peterson, Hoffman Nays (2) - Cummings, Romanowski Carried (7 -2) Extension of Meeting Time By Alderperson Romanowski: Seconded by Alderperson Cummings RESOLVED, That this meeting of Common Council shall be extended to 12:00 midnight. Carried (9 -0) * 21.2 Request for Human Services Committee to Study State Assembly Bill 6731 By Alderperson Nichols: Seconded by Alderperson Schlather WHEREAS, a bill (6731) has been introduced in the State Assembly which would amend the labor law in relation to establishing a job stabilization act; now, therefore, be it RESOLVED, That the Human Services Committee study the proposed bill with a view toward the possible endorsement of such legislation by Common Council, and be it further RESOLVED, That the Human Services Committee study include a review of job stability of the downtown Ithaca Post Office. Carried (9 -0) ),1 34 July 5, 1989 * 21 .3 Tompkins Community Hospital In- patient Psychiatric Service By Alderperson Johnson: Seconded by Alderperson Killeen WHEREAS, the In- patient Psychiatric Unit at Tompkins Community Hospital has been a vital resource to those city and county residents needing comprehensive treatment in a protective hospital setting, and WHEREAS, the proposed closing of the In- patient Psychiatric Unit will leave a serious gap in the services provided to those residents who require periodic hospitalization, and WHEREAS, hospitalization in New York State, and /or private facilities places undue hardships of travel and isolation on patients and their families, and WHEREAS, placement in these out of county facilities makes it extremely difficult, if not impossible, for re- integration of residents into our community; now, therefore, be it RESOLVED, That the Common Council of the City of Ithaca hereby urges the Board of Directors of Tompkins Community Hospital and the hospital managers to do all that is necessary so that we can continue to have this vital service provided in our local community hospital. Carried (9 -0) Executive Session By Alderperson Cummings: Seconded by Alderperson Killeen RESOLVED, That this Council adjourns into Executive Session to discuss proposed land purchase and a possible personnel item. Carried (9 -0) ADJOURNMENT: On a motion the meeting adjourned into Executive Session at 11:30 P.M. Council CamC out of I,RCC(]tiX_C SCSsion and the mCCtiiAacljou1,1100 at 12:00 p.m. C-e/�v Callista F. Paola 'eli ohn C. Gutenberger City Clerk Mayor