Loading...
HomeMy WebLinkAboutMN-CC-1989-08-01COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 7:00 P.M. August 1, 1989 PRESENT: Mayor Gutenberger Alderpersons (9) - Booth, Nichols, Hoffman, Cummings, Lytel, Johnson, Killeen, Schlather, Romanowski (Wool ABSENT: Alderperson Peterson (excused) OTHERS PRESENT: City Clerk - Paolangeli City Controller - Cafferillo Director, Planning & Development - Van Cort Personnel Administrator - Walker Building Commissioner - Datz Oki FIre Chief - Olmstead (� Board of Public Works Commissioner - Reeves i3 Acting Superintendent of Public Works - Fabbroni Youth Bureau Director - Cohen Assistant City Attorney - Beers - Schnock 4Z:�. PLEDGE OF ALLEGIANCE: Mayor Gutenberger led all present in the Pledge of Allegiance to the American flag. MINUTES: Approval of Minutes of the July 5, 1989 Common Council Meeting Alderperson Schlather requested that on page 7, in the fifth paragraph, the word 'do' be changed to 'design'. It should read (woe, as follows: "commissioned to design the renovations.....". Alderperson Schlather stated that on page 34, under "Adjournment ", it should be noted that the meeting was adjourned after the Executive Session at 12:00 midnight. Resolution By Alderperson Booth: Seconded by Alderperson Schlather RESOLVED, That the Minutes of the July 5, 1989 Common Council meeting be approved with the above corrections. Carried (9 -0) ADDITIONS TO THE AGENDA: Budget and Administration Committee Alderperson Schlather requested the addition of two items - 14.12, a resolution for the appointment of an Acting Superintendent of Public Works, and 14.13 an amendment to the authorized equipment list for the Finance Department. Alderperson Schlather stated that there is also a revised copy of the Agreement between the City /Community Recreation Center, Inc. /Ithaca Youth Hockey Association, item 14.2 on the agenda. MAYOR'S APPOINTMENTS: Youth Bureau Advisory Board (awe, Mayor Gutenberger requested approval of Council for the appointment of Than Sun, 520 West Buffalo Street, to the Youth Bureau Advisory Board, with a term to expire December 31, 1991, and Valerie Walker, 63 Sheraton Drive, with a term to expire December 31, 1990. Resolution By Alderperson Booth: RESOLVED, That this 0 and Valerie Walker to to expire December 31, Seconded by Alderperson Killeen 3uncil approves the appointment of Than Sun the Youth Bureau Advisory Board with terms 1991 and December 31, 1990, respectively. Carried (9 -0) W; f ,1 2 August 1, 1989 Tompkins County Youth Bureau Board Mayor Gutenberger requested approval of Council for the appointment of Heather Tallman, 317 Richard Place, and Francis Shattuck, 901 Dryden Road as City Representatives to the Tompkins County Youth Bureau Board with terms to expire December 31, 1991. Resolution By Alderperson Johnson: Seconded by Alderperson Nichols RESOLVED, That this Council approves the appointment of Heather Tallman and Francis Shattuck as City Representatives to the Tompkins County Youth Bureau Board with terms to expire December 31 1991 Carried (9 -0) Board of Public Works Mayor Gutenberger requested approval of Council for the appointment of Joseph Spano, 171 East State Street, to the Board of Public Works with a term to expire December 31, 1989. Resolution By Alderperson Schlather: Seconded by Alderperson Romanowski RESOLVED, That this Council approves the appointment of Joseph Spano to the Board of Public Works with a term to expire December 31, 1989. Carried (9 -0) Purchasing Agent Search Committee Mayor Gutenberger announced that due to the upcoming retirement of John C. Clynes, Purchasing Agent for the City of Ithaca, he has appointed the following persons to serve on the Search Committee for that position: Jean McPheeters Michael Sprague Sheila Ferrari Alderperson Booth Alderperson Schlather Alderperson Killeen a member of the Energy Commission will be announced. Deputy City Clerk Search Committee Mayor Gutenberger announced that due to the resignation of Betty F. Poole as Deputy City Clerk for the City of Ithaca, he has appointed the following persons to serve on the Search Committee for that position: Dominick Cafferillo Callista Paolangeli Debra Parsons Jean Swartwood Alderperson Lytel Alderperson Johnson Alderperson Romanowski Arts and Culture Committee Mayor Gutenberger stated that he has appointed the following persons to serve on the Arts and Culture Committee: Jill Hartz, John Johnson, Jean Deming, and Michael Cannon. A fifth person will be announced at a later date. Capital Review Committee Mayor Gutenberger stated that he has named the following persons to serve on the Capital Review Committee: Larry Fabbroni, Dominick Cafferillo, Thys Van Cort, Raymond Schlather, Susan Cummings, Joseph Daley, Carol Reeves, Susan Blumenthal, Moncrief Cochran, and the Mayor. (f e� 3 August 1, 1989 PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: Hydropower The following persons spoke to Council regarding the Hydropower issue and expressed their reasons for being against the development of hydropower at Ithaca Falls: Sarah Jane Bokaer, Linn Street Lois Darlington, 409 Lake Street Margaret Fabrizio, 213 King Street (4wool Alfredo Rossi, 409 Lake Street Jeanne Fadula, 615 North Aurora Street Second Hockey Rink at Cass Park Doria Higgins, representing 'Citizens to Save Our Parks', stated that before reading her statement this evening she would like to make it clear that their group is not opposed, at this time, to a new hockey rink but they are opposed to the contract that is on the agenda for Council this evening and they are opposed to the proposed location for the new rink. Ms. Higgins read the following statement to Council: "We respectfully ask you to consider the following four points when voting tonight on Item 14.2 - -a contract between the City, the Community Recreational Center, Inc., and the Ithaca Youth Hockey Association, which would commit the City to start building a second hockey rink at Cass Park on the site of the present tennis courts upon payment to the City by CRC of 'at least $550,000.00.' 1. There is no limit set in this contract upon the eventual cost of the hockey rink. Item 10 gives the impression of such a limit but in fact the wording is vague and the intent ambiguous. The item reads "...the City reserves the right to refuse to go (awoe forward... if the total cost... should exceed $1,100,000.00." It says only that the "City reserves the right to refuse to go forward." It does not say the City will refuse to go forward if the cost should exceed $1,100,000.00. Suppose the City has started construction (as the contract says it must on receipt of $550,000.00) and finds after it has already spent $550,000.00 or more that the eventual cost will be two million dollars over the estimated cost. What does the City do then? Stop construction and simply lose whatever it has already spent? 2. The itemization of costs as presented in the agreement are of doubtful accuracy. For instance cost of "Relocation of Tennis Courts" is given as 11$25,000.00." We spoke yesterday to McGuire Bennett who built the new tennis courts at La Tourelle and they said of the cost listed in your proposed contact "It couldn't be done at that price." They said 11$25,000.00 per court was a minimum." Which means the relocation of the four tennis courts would be $100,000.00 at a "minimum" not a mere $25,000.00 as stated. Let us be reminded that the original cost estimate for the administration building of the Youth Bureau was $700,000.00. ce But, in fact, it cost us seven hundred thousand plus one million. What makes this overcharge worse is that while there are a few facilities for youth in that building, it is, as you know, primarily an administration building. 3. The Site Plan Review Committee has not been asked to review the proposed location of the rink. The Conservation Advisory Council has objected to the proposed location of the rink. Citizens to Save Our Parks and others in the community have publicly objected to the proposed location. C ED 4 August 1, 1989 The estimated cost of the new rink is based on its location at the site of the present tennis courts. A 20 foot high building at this site, longer than the present tennis courts, will obtrude unpleasantly on the beauty of the park and most particularly on the comfort and beauty of the Cass Park pool. For you to bypass the newly formed Site Plan Review Committee, expressly created by you to evaluate sitings such as the new rink, and to ignore recommendations from the CAC would seem to indicate a deliberate blindfolding of yourselves in this matter. 4. We think it would be a better priority for the City government, at this time, to complete arrangements to provide GIAC with a decent pool before spending money to construct a second hockey rink." Mr. Paul Sayvetz, 201 Elm Street, stated that he thinks the location of the proposed hockey rink is unwise. He urged Council to delay action on the issue of the second hockey rink. Access Unlimited Larry Roberts, 315 South Albany Street, read the following statement to Council: "I represent Access Unlimited, a group of people interested in disability and access issues in Ithaca and the surrounding areas. We understand that, finally, the City is taking action to make Clinton Hall accessible from the rear. Though we are glad this action is being taken we want to express outrage at longstanding City inaction in failing to enforce its Building Code. We want to make it clear that we are unhappy with rear access, but consider it better than no access. Tonight, we urge your adoption of a policy for the future prohibiting of rear access in City buildings. Such access 4_s insulting and demeaning. It is also problematic in that doors are often locked for security reasons or blocked for deliveries or otherwise commonly obstructed. On July 26, Mayor Gutenberger met with members of Access Unlimited. We discussed a preliminary list of areas of concern to us at that time. For your information and attention, we are passing that list along to you. Please feel free to add to it if you wish. The Mayor expressed some enthusiasm about setting up an advisory panel, with staff assistance assigned, to help the City move forward on issues affecting people with disabilities. We look forward to working with you to lead Ithaca in the direction of becoming barrier - free." Sciencenter on old Sewer Treatment Plant Site Robert Leathers, 99 East Lake Road, Architect for the new Sciencenter, addressed the resolution on tonight's agenda on establishing an Ad Hoc Committee to consider uses for the old Sewage Treatment Plant site. He gave background information on the Sciencenter and stated that since they have been displaced from their location on Tioga Street, they are temporarily located in Center Ithaca. At that time the Sciencenter set up a committee to begin a community volunteer process to design, organize and build a new Sciencenter in Ithaca. The first choice that the committee has for a permanent home is the old Sewage Treatment Plant site. Mr. Leathers stated that they felt that not only would establishing a Sciencenter at that site provide a fun place for the family to visit but in addition, it would provide an educational resource that the neighborhood, the school system, the whole community would be able to use. He said that in l) k August 1, 1989 addition, they plan to build a neighborhood park on that same site, and they feel that the center would be a regional magnet that would attract people from all over the state. Mr. Leathers further stated that the Sciencenter committee welcomes the opportunity to work with the City to set up an agreement whereby they might lease a portion of that site and establish a dynamic, exciting community center here in Ithaca. (00" Plant Closing Legislation Coert Bonthius, 109 West State Street, addressed Council about the resolution that is on tonight's agenda in support of State legislation on plant closings. He stated that the Tompkins County Labor Coalition urges Council to pass the resolution. Mr. Bonthius also spoke regarding the MacCormick Center. Last week 44 employees at the Center received notification that their jobs are being terminated on October 1, 1989. He said that many r:o of these workers live in Tompkins County and have made a commitment to the community. Due to budgetary concerns, the 0) State Division for Youth has decided to terminate the positions and re -hire the same workers at a lower pay grade. While this is .� not the same as a plant closing, it is a mass lay -off. Mr. Bonthius urged Common Council to show support for these workers. Joseph Maratea, 109 West State Street, representing CSEA Local 561 at the MacCormick Center, addressed Council and explained what has happened at the Center. He said that 18 months ago the McCormick Center was changed from a secure facility for juveniles to a limited secure. At that time the NYS Division for Youth gave the 44 employees that worked directly with these youth their word that their salaries would not be reduced due to the changing in the status of the Center. These people were informed on July 25th of a change in their job status. They were given until August 7th to let the state know what their intention is as far as wanting a demotion or taking a lay -off or relocating. The only offer that the state has made regarding the relocating is to a facility that is 150 miles away and they have been given 24 days to make up their minds and report to their new job. Mr. Maratea handed out a resolution that he had drafted and he urged the Council to strongly oppose such action by the State by adopting this resolution. Baling Station Chris Zikakis, 309 Sunnyview Lane, spoke on the issue of the baling station at the Commercial Avenue site. He urged Council not to delay their decision for another month. He asked Council to vote tonight to pass a resolution proclaiming their opposition to the Commercial Avenue site for a baling station. The following persons voiced their concerns regarding a Baling Station at the Commercial Avenue site: Fred Remilard, Elmira Road - Representing McDonald's Restaurant Tim McGuire, Meadow Street - Representing McGuire Ford Steve Homerada, Elmira Road - Representing Southern Tier Pizza Hut Gordon Chambers, Meadow Street - Representing PIP Printing Bruce Abbott, Manager West Village Apartments Jeanne Fadula, North Aurora Street, spoke in support of the plant closing legislation. She also urged Council to renew their commitment to energy conservation and waste reduction. Paul Sayvetz, 201 Elm Street, voiced concerns regarding location of the baling station and also urged Council to delay action on the resolution on tonight's agenda regarding the Hockey Rink at Cass Park. (11 1 6 August 1, 1989 Markles Flat for Day Care David Scovronick, 403 North Plain Street, owner of Ithaca Soyfoods, stated that his business is located in the Markles Flat building and he has grave concerns about the possibility of moving the Day Care Center to that location. He said that at this point having to move his business would incur a severe economic hardship upon him to the extent that there would be the chance that he might not be able to continue in business. He asked that other sites, as well as the Markles Flat building, be considered for day care. Reproductive Choice Shelley Drazen, 118 East Fall Street, representing the Center for Reproductive Choice, urged Council to support the resolution regarding reproductive choice on tonight's agenda. Development of the Treman Marina and Surroundinq Area Rick Bonney, Ornithologist, Barnes Hill, Newfield, read the following statement to Council: "When the first white settlers arrived in the Finger Lakes, the southern end of Cayuga Lake was one vast wetland, teaming with birds, water fowl, and wading birds. These days, after 150 years or so of rather relentless civilization the wetland at the south end of the lake has been reduced to a vestige, a tiny little area, wetland and grassland known as Hogs' Hole. Most of that area is owned by the State and doesn't have a whole lot to do with the people around the table tonight but there is a small part there that is owned by the City. It is called the Festival Land. Andrew Mazzella, Commissioner of Finger Lakes State Parks, has asked that the city transfer the Festival Lands to the State so that the State can develop them by adding to the Marina one more pier, putting in a road and some parking lots. I think it is a terrible idea; I think probably the birds do too and I would really like to present to you the idea that this land should be retained by the City because if it turns into a marina and a road and a parking lot, one of these parking lots is located very, very close to the boundary of the wetland that the State is calling Hogs' Hole. I think it would impact very negatively on the birds that are there. But more than that, that whole area has potential for being restored to one large wetland, much like it used to be 150 years ago. I was talking with some people at DEC today, Mazzella's parent organization. There is money available for municipalities to restore wetlands and it might even be possible to look into the feasibility of cooperating with the State to try to get some money from the State to develop the wetland there which would be much more ecologically advantageous than a picnic ground. In the interest of brevity, I would like to hand out a statement to Council members." RESPONSE TO THE PUBLIC: MacCormick Center Issue Alderperson Lytel stated that he would like to add the resolution to the agenda under New Business that was presented by Joseph Maratea, regarding the MacCormick Center. The resolution was not added to the agenda due to Alderperson Booth's objection. 69 7 August 1, 1989 REPORT OF CITY BOARDS, COMMITTEES AND COMMISSIONS Board of Public Works Commissioner Reeves reported on the following: Traffic Island -- Mitchell and State Streets - On July 26, the Board of Public Works passed a resolution to place a traffic island at the corner of State and Mitchell Streets on a trial basis. Further discussion on this matter will be held at the (00" Committee of the Whole meeting on August 9th to discuss with the Transit Supervisor concerns of unscheduled transit stops in that area. Comm. Reeves stated that one of her concerns is notifiying the residents in the area of the pending change. She asked if the Alderpersons from that area have specific ideas about how to go about notification of the residents in the area, the Board would appreciate their feedback on this. She further remarked that there is a drawing available in the Traffic Engineer's Office showing different proposals. The Board of 00, Public Works favored Plan B -1. Future Use of City Owned Property - Comm. Reeves stated that �lrS in regard to agenda item 16.3, the Board of Public Works and the Department of Public Works are in the process of reviewing the `j operations for a report. Until this review process is complete, the old Sewage Treatment Plant site has not been declared surplus and will not be turned over for general City use until a long - range plan is developed. Privatization Policy for the Wastewater Treatment Plant and Water Filtration Plant Facilities - Comm. Reeves said that in regard to item 14.3 on the agenda, she would like to propose friendly amendments and she handed out copies of the proposed amendments to Council members. She said that the Board of Public (600,01 Works never sought to bypass anyone's protections, breach any promises or good faith or to resolve any problems by looking at privatization. The Board, had it been allowed to look at privatization, wanted to see what opportunities might be available to either the City or to its employees at those facilities. She stated that the negative approach was not the Boards. She urged a positive vote on the amendments that she presented. Aucxust Schedule for the Board of Public Works Meetinas - Comm. Reeves stated that the August schedule for the Board of Public Works has been changed. The meeting on August 2 has been cancelled. The Committee of the Whole will meet on August 9 and August 23, and the Board's regular meetings will be held on August 16 and August 30. Tompkins County Local Emergency Planning Committee Fire Chief Olmstead addressed the Council as the City's representative to the Tompkins County Local Emergency Committee. He handed out information on the committee and explained what the emergency planning effort is. COMMUNICATIONS FROM THE MAYOR: Letter from Board of Representatives (400011 Mayor Gutenberger read the following from James A. Mason, Chairperson, Representatives, dated August 1, 1989, letter that was sent to him Tompkins County Board of into the record: "It is my understanding that a resolution concerning the siting of the Tompkins County Solid Waste Management Center has been placed on the agenda for the August 1 Common Council meeting. I had discussed this matter with the Chair of that Committee last week and it was my understanding that the Committee was not going to bring this resolution forward until they had an opportunity to review the draft Environmental Impact Statement and other data that is to be available within the next two weeks. 70 L-11 Much of the information about presented to the community by the is misleading and erroneous. misunderstanding about what the what it will look like, and what will be. August 1, 1989 the proposed facility being Elmira Road business community There is a very serious facility is, how it operates, its impacts on the environment Since the County had previously agreed to make a presentation to the Planning and Development Committee and other interested Council members on August 23, I would respectfully request that action on the resolution be deferred until your next Common Council meeting. This will provide an opportunity for Council members and the community to hear the facts, review the dEIS, and reach a more informed decision. Thank you for your consideration in this matter." Smoking Regulations Mayor Gutenberger referred to the most recent bulletin that he has received from the New York State Conference of Mayors and said that there is a warning in there which says that only municipalities that have smoking regulations which are more stringent than this legislation shall avoid being pre - empted. He asked Alderperson Booth if his committee has gone through the document to make sure that our local ordinance is more stringent or at least equal to the State's and if not, we should probably do so. Alderperson Booth said that he is reviewing the document now. Our ordinance is stronger in some places and not as strong in others. CITY ATTORNEY'S REPORT: Jason Fane Lawsuit Assistant City Attorney Beers - Schnock reported that the City has received a decision on 705 East Buffalo Street, dated July 31, 1989. Judge Sherman denied the motion to dismiss and the trial is set for August 17, 1989. Fall Creek Designation Alderperson Nichols asked if there could be a report to Council from the City Attorney as to what the City's legal situation is in regard to the Fall Creek designation and the 401C approval. Asst. Atty. Beers - Schnock stated that it is her understanding that the matter has been under consideration by the City Attorney and she will check with him. Mayor Gutenberger said that the requests for answers in writing have been sent out to the Federal and State governments by the City Attorney. To his knowledge, no answers have yet been received. Recess Common Council recessed at 8:40 p.m. and reconvened in regular session at 8:55 p.m. Fall Creek Designation Mayor Gutenberger read the following letter into the record from the Department of Environmental Conservation, date stamped July 14, 1989, which was handed to him during the recess by Assistant City Attorney Beers - Schnock: "Dear Mr. Nash: This is to respond to your letter of April 21, 1989 requesting information on the effect designation of Fall Creek into the New York State Wild, Scenic, and Recreational Rivers System Act, (the Act) with regard to new hydro developments. 71 OJ Designation would preclude State certification for a hydro project Should the department deny a 401, covered by Uniform Procedures Act option for appeal of a denial. August 1, 1989 approval of any new 401 at the Ithaca Falls site. there is an appeal mechanism and an Article 78 is another In response to your numbered questions: 1. Diversion in [6NYCRR Part 666.18(a) (2) (2)] means any physical removal of the river water from the natural stream bed. To draw water from above the dam, run it through a turbine and then release it back into the river would constitute a diversion unless the turbine was located in an existing dam. 2. The reference in 666.4 to past impoundment and or diversion does not preclude designation of river (I segments that are impounded at the time of designation or once were impounded, [(6 NYCRR Sec.666.18(a) (2) (4) ] . 3. Rivers are only designated by legislative amendments of the Act, [ECL 15- 2715]. 4. The Department has an established policy of denying 401 Certificates to hydro projects that would violate the letter and or the purposes and policies of the Act. I refer you to 6 NYCRR, Sec. 608.7 as well. I trust this clarification will allow the City to move forward with confidence. Sincerely, Thomas C. Jorling" Mayor Gutenberger stated that the City Attorney would be going through the communication to determine its meaning. PLANNING AND DEVELOPMENT COMMITTEE: * 16.2 Central Processing Facilitv at Commercial Avenue By Alderperson Cummings: Seconded by Alderperson Lytel WHEREAS, the County's proposed Central Processing Facility at Commercial Avenue would be immediately adjacent to one of Ithaca's major new retail areas, which also include dining establishments, lodgings, and recreational facilities, and WHEREAS, the Central Processing Facility would also impact two neighboring parks, Buttermilk State Park on Route 13 and the proposed City /Town Park along the Cayuga Inlet, and WHEREAS, the City of Ithaca currently has proposed a capital project to plan and design the abutting undeveloped Southwest area as a mixed use residential and commercial neighborhood, providing much needed affordable housing and job opportunities, (4w, and WHEREAS, this location is also a highly visible entry to the city, and WHEREAS, it will not be possible to mitigate all of the negative effects of this facility, including overwhelming size and appearance and possible noise and odor, and WHEREAS, there is not enough space available to adequately separate it from these densely populated retail, residential, and recreational areas, and WHEREAS, there are far more appropriate, compatible, job and tax generating uses competing for this site, and 7? 10 August 1, 1989 WHEREAS, the location of the Central Processing Facility at the Commercial Avenue site would not be consistent with the City's Master Plan and would be a violation of the City's Zoning Ordinance; now, therefore, be it RESOLVED, That the Common Council of the City of Ithaca strongly requests that the Tompkins County Board of Representatives discontinue consideration of Commercial Avenue as a site for the County Central Processing Facility. Alderperson Cummings urged the Council to vote on the resolution this evening. She referred to the request made by the Tompkins County Board of Representatives to defer action pending additional information to be made available in the dEIS. However, the dEIS is only one of the several factors that the City ought to be considering. She said that we are a community, an urban area, of extremely limited available space. Processing, and compressing of garbage within an urban area is not an appropriate land use, particularly in a community where we don't have the space to adequately buffer and protect surrounding residential and retail facilities. Alderperson Cummings further stated that there is some vacant land available next to this proposed site. However, this is a precious piece of land. It is a resource that we have all looked at and talked about as the site for future affordable housing and for job opportunities for our citizens. She said that these people on the flats have in the past, for many years, dealt with landfill sites next to their homes and their businesses. She reminded Council what the community looked like when landfill was there and she said that this area has indeed done its fair share in accommodating and hosting solid waste materials. Alderperson Cummings said that it is critical that the City send a message to the County that the City believes it is not the best possible location for such a facility. Alderperson Booth stated that he would like to know the meaning of the eighth 'Whereas' clause. He said that he has always understood that this is going to be located in an industrial zone. Discussion followed on the Zoning Ordinance and what uses might be permitted in different zones. Planning Director Van Cort answered questions from Council. Alderperson Schlather suggested that the words 'and it would be a violation of the City's Zoning Ordinance' be stricken from the last 'Whereas' of the resolution. Alderperson Cummings accepted that as a friendly amendment. Amending Resolution By Alderperson Schlather: Seconded by Alderperson Cummings RESOLVED, That there be a second RESOLVED to read as follows: "That the Common Council requests the Board of Representatives to immediately conduct full environmental review, and legal review as necessary, in connection with the so- called Mancini and Airport sites as alternatives to the Commercial Avenue site." Discussion followed as to whether the amendment should be tied into the original resolution or a resolution by itself. Alderperson Schlather stated that the reason he wants to tie 'it into the original resolution is because of the time schedule. He said that it is very clear that notwithstanding the best intentions of the County Board of Representatives, and they have certainly acted in good faith throughout this process, there just will not be enough time to begin serious consideration of alternative sites. The County is on a time track that requires that we have something in place by August 1990 and there is not . It Irn 11 August 1, 1989 enough time for the City to do the full environmental review that is necessary at other sites. The County may, in fact, end up at the Commercial Avenue site not because it is ecologically sound, but simply because time wise it is chronologically expedient. Alderperson Schlather further stated that because the reasons for not locating at that site are so obvious and so significant from (WO." the City's standpoint, we have to take the somewhat unprecedented step of asking the County to abandon this process before we dig the hole any deeper. It seems to him that the die will be cast and we will be stuck with a baling station at this site for lack of a better alternative; we will be stuck with it by default. an alternative resolution to read as follows: "RESOLVED, That (two.' the Intergovernmental Relations Committee and Planning staff give every possible assistance to County officials in the study of alternate sites for the Central Processing Facility." Alderperson Schlather said that his concern with Alderperson Nichols' amendment is he does not think it goes far enough. The County has already done a very exhausted preliminary study as to certain sites. The next step to be taken is to begin the environmental review. Mayor Gutenberger again asked Alderperson Schlather to separate his amendment from the original resolution. Alderperson Schlather asked to hear from other members of Council on the amendment. Alderperson Killeen remarked that he thinks the idea of a baling station at Commercial Avenue is a bad idea. In view of the discussions, the great concerns and his belief that the Commercial Avenue is not good he is increasingly convinced that there is not a site in the City that has been looked at thus far that is acceptable. The whole concept of loading up the County seat with the County's trash is inconceivable to him. He agrees with Alderperson Schlather's amendment. He would specify two sites, but perhaps add the phrasing 'but not be limited to the following sites'. Alderperson Schlather offered the following language for his amendment: "RESOLVED, That the Common Council requests the Board of Representatives to immediately conduct full environmental review, and legal review as necessary, of alternative sites including but not limited the so- called Mancini site and the Airport site." Alderperson Booth stated that thinks for the Common Council County to look at sites that politically not supportable. Further discussion followed on in regard to the amendment he to send a message that urges the are not in the City of Ithaca is the amendment. 73 Discussion continued on the amendment. Alderperson Hoffman said that the City might want to give the -`� County a little more latitude and suggest that at least two alternative sites should be explored economically and environmentally, but he does not feel comfortable suggesting only 13 i these two sites when there may be a third site they find more attractive. Alderperson Nichols stated that he agrees with Alderperson Schlather in regard to the need for speed in this action and the fact that it is vitally important in terms of time that alternate sites be explored immediately. However, if this amendment were adopted he would have questions about voting for the motion. He thinks we should put this amendment aside and argue about the location in another format but include something positive about alternate sites without naming them. He suggested an alternative resolution to read as follows: "RESOLVED, That (two.' the Intergovernmental Relations Committee and Planning staff give every possible assistance to County officials in the study of alternate sites for the Central Processing Facility." Alderperson Schlather said that his concern with Alderperson Nichols' amendment is he does not think it goes far enough. The County has already done a very exhausted preliminary study as to certain sites. The next step to be taken is to begin the environmental review. Mayor Gutenberger again asked Alderperson Schlather to separate his amendment from the original resolution. Alderperson Schlather asked to hear from other members of Council on the amendment. Alderperson Killeen remarked that he thinks the idea of a baling station at Commercial Avenue is a bad idea. In view of the discussions, the great concerns and his belief that the Commercial Avenue is not good he is increasingly convinced that there is not a site in the City that has been looked at thus far that is acceptable. The whole concept of loading up the County seat with the County's trash is inconceivable to him. He agrees with Alderperson Schlather's amendment. He would specify two sites, but perhaps add the phrasing 'but not be limited to the following sites'. Alderperson Schlather offered the following language for his amendment: "RESOLVED, That the Common Council requests the Board of Representatives to immediately conduct full environmental review, and legal review as necessary, of alternative sites including but not limited the so- called Mancini site and the Airport site." Alderperson Booth stated that thinks for the Common Council County to look at sites that politically not supportable. Further discussion followed on in regard to the amendment he to send a message that urges the are not in the City of Ithaca is the amendment. 73 4 12 August 1, 1989 A vote on the amendment resulted as follows: Ayes (8) - Cummings, Nichols, Lytel, Johnson, Schlather, Romanowski, Killeen, Hoffman Nay (1) - Booth Carried (8 -1) Discussion followed on the Resolution as Amended. Y' Alderperson Hoffman suggested friendly amendments to the Resolution and they were accepted by Alderpersons Cummings and Lytel, as makers of the motion. Alderperson Romanowski stated that he has consistently opposed having the Central Processing Facility in this particular area, in fact, anywhere along Route 13 in the City, would not be acceptable to him. Alderperson Johnson stated that he does not think that it is procrastination to get all the information that is available about this; rather it is acting responsibly to get as much information as possible. He personally does not want a Central Processing Facility on Commercial Avenue. He would like to see a resolution to implore the County to do a dEIS on the alternative sites so that they won't be left with just this one. Alderperson Booth stated that while he is not delighted with the Commercial Avenue site he believes that at this stage it is feasible and he is willing to wait for the environmental,,,review. He said the County has been open with the City and A,AAf acted in good faith. The Council should remember that the County has the power to locate this facility where they want to locate it, since it is a governmental facility. The City generates a lot of garbage and he believes it is irresponsible for the City to say we don't want this kind of facility in the City of Ithaca. Alderperson Hoffman remarked that he believes Alderperson Booth's comments are well taken. He believes we should respect the environmental review process and hear what this process has to say. He does not like being asked to vote on this before all the information is in. Alderperson Lytel stated that on the question of whether or not the City is willing to do their part to wrestle with the problem, he thinks that clearly we are. What we have seen in this process is a real escalation in the space demand for this facility to a point where it does not fit this space. Nor does it fit the parcels that remain within the City of Ithaca. What is at issue here is that this is a proposed use that simply is not compatible with urban density. Main Motion As Amended The Main Motion as Amended is as follows: WHEREAS, the County's proposed Central Processing Facility at Commercial Avenue would be immediately adjacent to one of Ithaca's major new retail areas, which also include dining establishments, lodgings, and recreational facilities, and WHEREAS, the Central Processing Facility may also impact two neighboring parks, Buttermilk State Park on Route 13 and the proposed City /Town Park along the Cayuga Inlet, and WHEREAS, there is currently under consideration a proposed capital project to plan and design the abutting undeveloped Southwest area as a mixed use residential and commercial neighborhood, providing much needed affordable housing and job opportunities, and 13 August 1, 1989 WHEREAS, this location is also a highly visible entry to the city, and WHEREAS, it will not be possible to mitigate all of the negative effects of this facility, and WHEREAS, there is not enough space available to adequately separate it from these already developed retail, residential, and recreational areas, and WHEREAS, there are far more appropriate, compatible, job and tax generating uses competing for this site, and WHEREAS, the location of the Central Processing Facility at the Commercial Avenue site would not be consistent with the City's Master Plan; Now, therefore, be it Cki RESOLVED, That the Common Council of the City of Ithaca strongly requests that the Tompkins County Board of Representatives discontinue consideration of Commercial Avenue as a site for the County Central Processing Facility, and be it further as E!j RESOLVED, That the Common Council requests the Board of L Representatives to immediately conduct full environmental review and legal review as necessary of alternative sites, including but not limited to the so- called Mancini site and the Airport site. Alderperson Hoffman asked Mayor Gutenberger if he would support abstentions for lack of information. Mayor Gutenberger responded, no. Unless someone has a personal stake in the financial outcome of this particular resolution, the Mayor would (Woe not accept an abstention. A vote on the Main Motion as Amended resulted as follows: Ayes (6) - Schlather, Nichols, Killeen, Cummings, Lytel, Romanowski Nays (3) - Hoffman, Booth, Johnson Carried (6 -3) Mayor's Veto Message Mayor Gutenberger stated that he has only vetoed, in 5 1/2 years, two resolutions passed by Common Council and those were both on process. First, he is disappointed in the sense that this Common Council has passed numerous rules demanding of the public, that for various actions the public wants to take, they must come forward with projects, and plans well thought out and go through an environmental review process which this City of Ithaca, we as the lawmakers, have set up. We expect the public to go through this whether it is Site Plan Review, Environmental Review or SEQR. We demand the public go through a process before a decision is made to grant a building permit or before a decision is made to reject a building permit or the various types of permits that are required by us, the government. Mayor Gutenberger said that he is very disappointed that with (400", this action on a 6 - 3 vote, this Common Council has pre - judged and ignored the environmental review process. We are in effect saying that we know the answers before the environmental review process is completed. He thinks the Council must be fair to the public when they come forward. We cannot pre -judge any project. We have to abide by the rules that government has established. Mayor Gutenberger further stated he is also disappointed that, as was mentioned earlier, to vote against this was lip service to SEQR. He thinks that voting this in is lip service to the environmental review. You are pre - judging or making judgments and ignoring the environmental review process. You should make judgments based upon information - if you believe in the system. If you believe in the environmental review process, which you 7 f; 14 August 1, 1989 have put in place, then you have to stand ready to decide on the results of that environmental review process, or it is a sham. It was said last night, to not support the rejection of this site, could be harmful to a person's political future. He said he is going to say right now, that the failure to hold ourselves accountable to the laws that we enact is more harmful to the public than any single individual's political future. We have to have faith in our laws, and the public has to have faith in us to make decisions based upon the information and facts. We have not done that tonight. This resolution is hereby vetoed. Alderperson Cummings stated there is an amendment in the form of a 'Resolved' requesting that the County consider additional sites simultaneously. She stated she would like to again put that forward. Mayor Gutenberger stated that the Chair will entertain the re- introduction of that resolution. Resolution By Alderperson Cummings: Seconded by Alderperson Johnson RESOLVED, That the Common Council requests the Board of Representatives to immediately conduct full environmental review, and legal review as necessary, of alternative sites including but not but limited to the so- called Mancini site and the Airport site. Alderperson Cummings pointed out before the Council tonight was issues beyond the subject of specific site. She said the environmental review or just 01 address the much broader issue of in the City. that the resolution which was a resolution which addressed environmental review on that real concern has been that ze site does not allow us to whether such a facility belongs A vote on the resolution resulted as follows: Carried (9 -0) * 16.1a Hydropower - Investigation of Underground Hydro Plant at Ithaca Falls By Alderperson Cummings: Seconded by Alderperson Lytel WHEREAS, the environmental impact of an underground hydropower plant at Ithaca Falls may be significantly less than for an above ground facility; and WHEREAS, Common Council must have additional information and financial estimates in order to determine the desirability and feasibility of proceeding with an underground design; now, therefore, be it RESOLVED, that Common Council directs Planning Department staff to investigate the underground hydro plant concept and to elicit engineering proposals for preliminary designs, for consideration by Common Council at its October 1989 meeting. Discussion followed on the feasibility of an underground hydro plant. Requests for Proposals are being sent out by Planner Helen Jones. Alderperson Killeen asked the location of other underground hydro plants. Alderperson Hoffman replied that Watervliet, New York and Troy, New York both have underground facilities. 77 15 August 1, 1989 A vote on the resolution resulted as follows: Ayes (8) - Nichols, Hoffman, Johnson, Romanowski, Lytel, Cummings, Killeen, Schlather Nay (1) - Booth Carried (8 -1) * 16.1b Hydropower - Van Natta Dam - Request for Supplemental Extension By Alderperson Cummings: Seconded by Alderperson Killeen WHEREAS, negotiations with private developers are currently underway for construction and operation of the Van Natta Dam hydropower project, and WHEREAS, it is possible that as result of said negotiations the Exemption issued by the Federal Energy Regulatory Commission on the project will be transferred to the preferred developer, and WHEREAS, negotiations and finalization of a development agreement are not likely to be completed early enough to permit project construction to be begun prior to the March 1990 deadline; now, �? therefore, be it RESOLVED, That Common Council does hereby direct staff to request a supplemental extension of the deadline for beginning construction on the project. Carried (9 -0) * 16.3 Future Use of City Owned Property By Alderperson Cummings: Seconded by Alderperson Johnson WHEREAS, the City of Ithaca has received several requests for the (Ww", use, sale or lease of property owned by the City of Ithaca, and WHEREAS, one of the properties in question includes the former site of the sewage treatment plant and other adjacent property that is currently being used by the City of Ithaca, and WHEREAS, in order to effectively respond to these requests it will be necessary to resolve such issues as whether the City of Ithaca should continue to use these parcels, what alternate plans must be made to move the current City functions, what other uses are appropriate for these parcels, by what process should they be made available to other users and what compensation the City would expect to receive in return for making them available; now, therefore, be it RESOLVED, That the Mayor is hereby authorized and directed to appoint an ad hoc committee to discuss and make recommendations to the Common Council concerning the future use of the former sewage treatment plant site, the adjacent City -owned lands, and other City parcels that the City may wish to consider selling. These recommendations should address, but not be limited to, the issues raised above, and be it further RESOLVED, That the ad hoc committee shall be composed of members (4010" from each of the following municipal bodies: Common Council (2 members) ( Alderperson Killeen volunteered to serve on committee) Board of Public Works (2 members) Planning and Development Board (1 member) and be it further RESOLVED, That staff services be provided by the Director of Planning and Development, the acting Superintendent of Public Works, and the City Engineer, and be it further 78 16 RESOLVED, That the recommendation of regarding the above issues shall committee as soon as possible. August 1, 1989 the Board of Public Works be given to the ad hoc Carried (9 -0) HUMAN SERVICES COMMITTEE: * 15.5 Clinton Hall Accessibility By Alderperson Lytel: Seconded by Alderperson Killeen WHEREAS, for over two years the Human Services Committee has attempted to resolve handicapped access problems in the Clinton Hall building, and WHEREAS, the Human Services Committee has learned that access for the handicapped is still incomplete, including the locking of the back entrance door through which a handicapped person must enter, and WHEREAS, the failure to provide acceptable and adequate accessibility to Clinton Hall for the handicapped has precluded the issuance of a Certificate of Occupancy for Clinton Hall; now, therefore, be it RESOLVED, That Common Council directs the Building Commissioner and City Attorney to take appropriate legal action to address the violation of occupancy of a building without a proper certificate, which is due to not meeting requirements for handicapped accessibility. Alderperson Lytel referred to a letter from Building Commissioner Datz to Joseph Ciaschi, owner of the building, dated July 27, 1989 directing that the work be done by August 11, 1989. If the order is not followed by that date, the matter will be turned over to the City Attorney for prosecution in City Court. Amending Resolution By Alderperson Nichols: Seconded by Alderperson Killeen RESOLVED, That there be a further RESOLVED to read as follows: That it shall be City policy to make every effort to establish procedures so that a building plan that provides only rear access for physically handicapped persons not be accepted as meeting the requirements for access ". Discussion followed on the amendment. Building Commissioner Datz responded to questions from Council members. A vote on the amending resolution resulted as follows: Carried (9 -0) Main Motion as Amended A vote on the Main Motion as Amended resulted as follows: Carried (9 -0) BUDGET AND ADMINISTRATION COMMITTEE: * 14.2 City /Community Recreation Center, Inc. /Ithaca Youth Hockey Association Second Ice Rink Agreement By Alderperson Schlather: Seconded by Alderperson Killeen RESOLVED, That the Mayor be authorized to execute the agreement between the City and Community Recreation Center, Inc. and Ithaca Youth Hockey Association, Inc., for the construction and operation of an ice rink, related improvements, equipment acquisition and the relocation of tennis courts adjacent to the existing Cass Park Ice Skating Rink. Discussion followed on the agreement. Alderperson Booth stated that he feels the contract is substantially different than what was presented to Council in the beginning. He is also concerned that as site review goes forward this may well result in a negative answer. He is concerned about any food concessions being removed from the City Youth Bureau and fd �7 17 August 1, 1989 he also believes the Youth Bureau Board should be asked to comment on this agreement. Because of these and other concerns he does not feel ready to vote on the resolution tonight. Alderperson Nichols commented that he shares the concerns of Alderperson Booth. He is also concerned because there does not seem to be any commitment beyond the initial $550,000 by the Community Recreational Center. Alderperson Schlather explained that the project, as it is now, is different than when it was originally presented. The bottom line is the cost of the project has gone up substantially and the CRC has raised as much as they can raise. Discussion followed on using a surcharge on the hourly rate for ice time to retire the debt. 0i Alderperson Killeen stated that he is reluctant to use City money to build a second ice rink when we already have an ice rink and GO to there are so many compelling forces for City money. Alderperson Lytel commented that he believes taking advantage of (t.t private fund raising for establishing a permanent facility that will be available to all and will be financed out of a user sur- charge is the sort of thing the City should be encouraging. Alderperson Hoffman said he does not believe it will pay for itself in the way others think it will. He does not like the idea of imposing an increased hourly sur- charge for users of the old rink. (60'e Youth Bureau Director Cohen responded to questions from Council. Further discussion followed. Motion to Table By Alderperson Schlather: Seconded by Alderperson Romanowski RESOLVED, That the City /Community Recreation Center, Inc. /Ithaca Youth Hockey Association Second Ice Rink Agreement be tabled. Ayes (8) - Killeen, Lytel, Nichols, Cummings, Booth, Schlather, Romanowski, Johnson Nay (1) - Hoffman Carried (8 -1) Alderperson Nichols asked that the Youth Bureau Advisory Board give Council a written opinion on this proposal. * 14.1 City Court Facility Plan By Alderperson Schlather: Seconded by Alderperson Romanowski WHEREAS, the Ithaca City Court is currently housed on the fourth floor of the Hall of Justice building, located at 120 East Clinton Street in Ithaca, and WHEREAS, pursuant to Chapter 825 of the Laws of 1987, Representatives of the State Office of Court Administration have (W00.1 identified various deficiencies in the existing City Court Facilities, and WHEREAS, Chapter 825 requires that the City adopt a Court Facility Plan, which addresses various capital improvement options intended to alleviate said deficiencies, no later than August 7, 1989; now, therefore, be it RESOLVED, That the following Court Facility Plan be, and is hereby adopted for submission to the Chief Administrative Judge of the Office of Court Administration, by the aforementioned date. 80 ku August 1, 1989 SECTION VI: ITHACA CITY COURT COURT FACILITY PLAN A. Facilities. Ithaca City Court is currently housed in the Hall of Justice, located at 120 East Clinton Street in Ithaca. This building was constructed in 1936, and was originally built as the headquarters for a private business. The City Court occupies all of the fourth floor of the building, with the exception of one office designated for use by the City Prosecutor. The remainder of the building houses the various offices of the Ithaca City Police Department. B. Existing and Projected Facility Needs: 1. A review of the current court space in light of the facility guidelines reveals the following .existinc{ deficiencies: _ - The Hearing Room is too small ( +179 sq. ft.) , and has heating and cooling system deficiencies. On many mornings the maximum fire capacity of the courtroom is exceeded. The court lacks any attorney /client conference rooms. At least two are needed ( +200 sq. ft.). - The current prisoner holding room is too small ( +23 sq. ft.), and lacks heating, cooling and ventilation. The Judge's Chambers, while 23 sq. ft. less in area than the guidelines would suggest, would otherwise be acceptable were it not for the continual heating and cooling problems. - The Judges and staff lack private rest room facilities ( +250 sq. ft.). - The support staff offices currently lack sufficient public counter and general work area ( +222 sq.ft.). - The Chief Clerk Office is overcrowded, and additional space is required ( +67 sq. ft.). The Court has a serious record storage problem. Because of this, the Jury Room which, other than ventilation problems, would be large enough to be adequate, is the home to numerous file cabinets and storage boxes. Before each jury trial it is necessary to clear adequate access passageways so that jurors may be seated at the table ( +200 sq.ft.). 2. Projected court needs include the following: The long -term need for a secure attorney /client conference room adjacent to the holding facility ( +50 sq. ft.). A public waiting area is needed for the court. Utilization of hallway space for waiting is inappropriate. ( +180 sq.ft.). W_ I Wn 81 19 August 1, 1989 An addition 190 sq. ft. to house the projected additional two staff persons during the planning period. An additional 100 sq. ft. for long -term copy /supply and storage needs. C. Facility Plans: As noted above, the City Court shares the Hall of Justice with the Ithaca Police Department. As with the Court, the Department suffers from a serious lack of needed space. This fact has effectively precluded the City's ability to obtain additional space for the court in the Hall of Justice. The decision has been made, therefore, that any short- and long- term relief for the court must come through either new construction or renovation of another existing facility. The City has limited the options to be considered as noted below: 1. Facility Options The following facility options are to be considered: a. Construction of an addition to the Hall of Justice which will house the City Court facilities. b. Construction of a new City Court facility on the site of a current City -owned parking lot on the corner of West Clinton and Cayuga Streets directly west of the Hall of Justice. As now proposed, this project would be carried out in conjunction with and as a part of the construction of a new multi -level parking ramp. C. Private developer options and proposals will also be considered. For example, private developers have already approached the City with regard to building new or renovating existing space in the City for Court use. Consideration of these three options will take into account the following objectives: - A new or renovated facility will be constructed consistent with the facility guidelines standards. A new or renovated facility will meet all current and projected space needs and will include such additional space as necessary to meet the prospective needs of the court on a long -term basis. A new or renovated facility should be located as closely as practicable to the City Police Department (Hall of Justice). As the distance from the Department increases, so will the costs of transporting and guarding prisoners, of providing security to the court and the logistical difficulties associated with court appearances. 2. Facility Requirements: A new or renovated court building will include, at a minimum, the following facilities: Staff offices for Chief Clerk and a minimum of seven persons (865 s.f.) Adequate space for court records and supplies (410 s.f.) 8 `) 20 August 1, 1989 - A Public Counter to insure proper security to the court and efficient service to the public (100 s.f.) - Chambers for the two Part -time Judges (200 s.f.) Separate secure access rest rooms for court personnel (per code) Main Courtroom (1200 s.f.) - Jury Deliberation Room (200 s.f.) - Two Attorney /Client Conference Rooms (100 s.f. each; 200 s.f. total) One Prisoner Holding Room (120 s.f.) - One Secure Attorney /Client Conference Room adjacent to the Holding Room (50 s.f.) A Public Waiting Room adjacent to the Courtroom ( 180 s.f.) Public Rest Rooms (per code) Handicapped Accessibility throughout Security Station (160 s.f.) City Prosecutor's Office (200 s.f.) 3. Mitigating Measures During the project development period, the following steps will be taken to relieve existing court facility problems to the greatest extent possible: The existing heating, cooling and ventilation deficiencies, which consist mainly of regulation problems, will be addressed and remedied by January 1990. Fire code restrictions regarding the maximum number of persons allowed in the courtroom will be enforced by the court security staff. The court will take advantage of the new court records retention policies (expected to be finalized by Fall, 1989) to eliminate as many old court records as possible. In addition, the City will identify possible alternative remote storage areas for possible court use by December, 1989. D. Project Schedule. The City commits itself to meet the needs identified in the court facility plan in the time period noted below: Budget for Capital Project Planning Approval of Capital Project Planning Capital Project Planning Budget and Site Selection Budget for Capital Project Design and Construction Approval of Capital Project Selection of Project Architect August 1989 December 1989 July 1990 July 1990 December 1990 February 1991 J I V_� I V_t 83 21 August 1, 1989 Develop Project Design and Specifications September 1991 Review Documents November 1991 Open Bids - Award Contracts January 1992 Begin Construction March 1992 Complete Construction November 1992 E. Financing: Because the final project option has not yet been determined, actual cost figures are not yet available. Recognizing our commitment to complete the court facility project within the time frame noted above, the City seeks approval to obtain all appropriate and eligible interest reimbursement for any capital construction bonding issued for this project. In addition the City will pursue the potential !A.° financing and leasing options presented in Chapter 825 of the Laws of 1987 through the New York State Dormitory Authority. Carried (9 -0) 14.3 Privatization Policy for the Wastewater Treatment Plant and Water Filtration Plant Facilities By Alderperson Schlather: Seconded by Alderperson Killeen 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 RESOLVED, That it is hereby established as the policy of the City of Ithaca that its Wastewater and Water Treatment Plants will not be turned over in their entirety to private operation, and be it further RESOLVED, That the foregoing does not preclude the Board of Public Works from investigating management alternatives for the operation of discreet and specialized aspects of the Wastewater Treatment Plant and Water Filtration Plant operation consistent with the foregoing policy and contractual obligations. Discussion followed on the floor on the substitute resolution that was presented by Board of Public Works Commissioner Reeves. Alderperson Schlather stated that he did not support the substitute resolution. A vote on the original resolution resulted as follows: Carried (9 -0) * 14.4 State and Federal Section 18 Mass Transit Oneratina Assistance Agreement By Alderperson Schlather: Seconded by Alderperson Cummings WHEREAS, the City of Ithaca has submitted a request for a grant of funds to the New York State Department of Transportation and the United States Department of Transportation, pursuant to Section 18 of the Urban Mass Transportation Act of 1964, as amended, for a project to provide operating assistance funds for transportation services within the City of Ithaca and partly in two adjoining municipalities, provided by the City of Ithaca 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 or opportunities 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, if at all possible; now, therefore, be it RESOLVED, That it is hereby established as the policy of the City of Ithaca that its Wastewater and Water Treatment Plants will not be turned over in their entirety to private operation, and be it further RESOLVED, That the foregoing does not preclude the Board of Public Works from investigating management alternatives for the operation of discreet and specialized aspects of the Wastewater Treatment Plant and Water Filtration Plant operation consistent with the foregoing policy and contractual obligations. Discussion followed on the floor on the substitute resolution that was presented by Board of Public Works Commissioner Reeves. Alderperson Schlather stated that he did not support the substitute resolution. A vote on the original resolution resulted as follows: Carried (9 -0) * 14.4 State and Federal Section 18 Mass Transit Oneratina Assistance Agreement By Alderperson Schlather: Seconded by Alderperson Cummings WHEREAS, the City of Ithaca has submitted a request for a grant of funds to the New York State Department of Transportation and the United States Department of Transportation, pursuant to Section 18 of the Urban Mass Transportation Act of 1964, as amended, for a project to provide operating assistance funds for transportation services within the City of Ithaca and partly in two adjoining municipalities, provided by the City of Ithaca a 22 August 1, 1989 Transit System for fixed route, scheduled, open and available to the general public during the period January 1, 1989 to December 31, 1989 (PIN3798.21.406); now, therefore, be it RESOLVED, That Mayor John C. Gutenberger be authorized to sign the agreement(s) between the City of Ithaca and the State of New York for the above named project, and be it further RESOLVED, That Mayor John C. Gutenberger is authorized to act on behalf of the City of Ithaca to proceed and complete this above named project. Carried (9 -0) * 14.5 Architectural Review for Possible Day Care Facility_ in Markles Flats Building By Alderperson Schlather: Seconded by Alderperson Johnson RESOLVED, That an amount not to exceed $3,500 be authorized from Capital Reserve #25 for design of Capital Improvements, for preparation of a preliminary architectural review of available space at the Markles Flats building for Day Care purposes, contingent upon action to be taken by the Ithaca City School District at their August 15, 1989 meeting, and be it further RESOLVED, That the Planning Department conduct the selection process to determine the best qualified architect to perform the aforementioned review. Carried (9 -0) * 14.6 Police Department Request to Appoint the Parking Enforcement Officer By Alderperson Schlather: Seconded by Alderperson Cummings RESOLVED, That Gary Bordoni be appointed to the position of Parking Enforcement Officer at an annual salary of $13,619., which is Grade 7, Step 3 on the CSEA Administrative Unit Compensation Plan, effective August 7, 1989. Carried (9 -0) * 14.7 Personnel Department Request to Appoint the Personnel Associate By Alderperson Schlather: Seconded by Alderperson Cummings RESOLVED, That Christa Carsello be appointed to the position of Personnel Associate at an annual salary of $25,000., effective August 14, 1989. Carried (9 -0) * 14.8 Personnel Department - Contract for Negotiation Services By Alderperson Schlather: Seconded by Alderperson Romanowski RESOLVED, That the City of Ithaca enter into an agreement with James Dennis, to provide professional services in the field of labor negotiations in connection with the negotiation of 1990 collective bargaining agreements (Ithaca Paid Fire Fighters Association Local 737, and CSEA Administrative Unit Local 855), at a cost not to exceed $3,500 and $3,000 respectively. Carried (9 -0) * 14.9 Personnel Department Transfer of Funds By Alderperson Schlather: Seconded by Alderperson Romanowski RESOLVED, That the authorized equipment list for the Personnel Department be amended by adding three filing cabinets, and be it further RESOLVED, That $482 be transferred from line A1430 -425, Office Expense, to A1430 -210, Other Equipment, in order to effect such purchase. Carried (9 -0) r• 23 August 1, 1989 * 14.10 Personnel Department - Dental Program for Executive Unit By Alderperson Schlather: Seconded by Alderperson Killeen RESOLVED, That the members of the City Executive Association and management employees, be allowed to participate in the City Dental Insurance Plan, with the cost of the insurance premium paid by the employee. Carried (9 -0) * 14.11 Audit By Alderperson Schlather: Seconded by Alderperson Hoffman RESOLVED, That bills presented, as listed on Audit Abstract #14/1989, in the total amount of $19,347.88, be approved for payment. Carried (9 -0) * 14.12 Acting Superintendent Appointment By Alderperson Schlather: Seconded by Alderperson Killeen �i WHEREAS, Larry Fabbroni has been appointed to the position of Acting Superintendent of Public Works, effective June 17, 1989; now, therefore, be it a) RESOLVED, That Larry Fabbroni's annual salary be hereby increased to $50,808 retroactive to July 17 1989 until such time as a new Superintendent of Public Works assumes his /her duties. Carried (9 -0) *14.13 Amend Equipment List - Finance Department By Alderperson Schlather: Seconded by Alderperson Romanowski RESOLVED, That the Authorized Equipment List of the Finance Department be amended to replace one chair for $250.00, and be it further (6wo" RESOLVED, That $250.00 be transferred from A1315 -476, Equipment Maintenance to A1315 -225, Other Equipment, to permit said replacement. Carried (9 -0) Alderperson Schlather announced that the Pay Equity Committee has been established and three Common Council members will serve on this committee. They are as follows: Daniel Hoffman representing Budget and Administration Committee; Carolyn Peterson representing the Human Services Committee; Ben Nichols representing the Charter and Ordinance Committee. HUMAN SERVICES COMMITTEE: * 15.1 GIAC /City Contract By Alderperson Lytel: Seconded by Alderperson Nichols THIS AGREEMENT is made the 1st day of August, 1989 between the CITY OF ITHACA and its YOUTH BUREAU and the GREATER ITHACA ACTIVITIES CENTER, hereinafter referred to as "GIAC." WHEREAS, GIAC, a not - for - profit corporation was formed for the purpose of providing a wide variety of educational and recreational and human service programs for the greater Ithaca (400e community, and WHEREAS, the Youth Bureau is the agency of the City of Ithaca formed for the purpose of operating and maintaining recreational and youth service programs for the community, and WHEREAS, the City of Ithaca purchased the former Central School building at 318 North Albany Street, Ithaca, hereinafter referred to as "GIAC building ", for the purpose of continuing to house recreation, youth service, and other community programs, and WHEREAS, the Board of Directors of GIAC and the City of Ithaca and its Youth Bureau share the common objectives of jointly providing these services to the community; 8 (► 24 August 1, 1989 NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, the parties agree as follows: 1. The City of Ithaca and its Youth Bureau: a. to be the employer of record of GIAC employees, abiding by Civil Service rules, the Union contract, issuing pay checks, and maintaining full City benefits; b. to operate and maintain the GIAC building; C. to continue representation on the Board of Directors of GIAC as called for in the Constitution of that organization; d. to accept an assignment of all fees or rental income due GIAC, by reason of any contracts or agreements, or rents concerning the use of the GIAC building. All such sums shall be applied against the sums GIAC agrees to pay the City of Ithaca under Paragraph 2c of this Agreement. The Department of Public Works shall review all contracts for rental income from use of GIAC building; e. to be responsible for handling all operating income and payment of bills, including salaries of employees, in connection with the operation of the GIAC building through normal procedures of the City of Ithaca; f. to meet major facility maintenance and renovation needs of the GIAC building; g. to continue the GIAC building's use as a multi - purpose and multi - cultural center. 2. The GIAC Board: a. to establish policy for the operation of GIAC programs, and to work with the Center Coordinators and Youth Bureau Director in the implementation of the programs. b. to contribute toward annual operations all sums received from the United Way and the New York State Division for Youth, and any other major revenue sources; c. to assign and transfer to the City of Ithaca, all of its rights, title, and interest in and to any and all fees or rental income now due or to become due GIAC by reason of any contracts or agreements which make reference to or concern the use of the facility; d. to continue to solicit funds from the United Way Board and other sources; e. to have a representative of the GIAC Board on the Youth Bureau Board of Advisors; f. to set the fees and dues structure for GIAC activities; g. to set policies for the use of the GIAC building, assignment of space, and rental contracts which shall not be inconsistent with any city policies; h. to prepare and submit annually to the City through City processes, a proposed budget including recommendations for staffing levels. 19, 25 August 1, 1989 3. The City of Ithaca and its Youth Bureau and the GIAC jointly: a. to select, hire and discipline the Coordinator consistent with 1A. b. to operate, administer, and maintain recreation, youth service, multi - cultural, and other community programs in the GIAC building. C. to plan major capital improvement projects involving the GIAC building and grounds, taking into account program continuity. d. to share full use and enjoyment of all equipment owned and controlled by both parties necessary to the operation of the programs. In the event of the termination of this agreement, all equipment purchased by GIAC with non -City funds will remain with GIAC. ti (All other equipment will remain with the City.) ('`' e. to carry out the program as approved in the budget for L�_� the budget year. Any changes desired to be made by $$ffa either party must be approved by both parties. 4. Nothing in the agreement between the Greater Ithaca Activities Center and the City of Ithaca shall be construed to limit the Youth Bureau's mandated obligation to review all expenditures of the Greater Ithaca Activities Center relating to City of Ithaca Funds. 5. This agreement shall be effective until August 1, 1990 and shall automatically be renewed annually thereafter unless (Wool, either party notifies the other in writing of an intention to terminate three months prior to December 31 of that year. 6. The parties hereto agree to comply with all laws, governmental regulations and rules applicable to the use of the premises as described. Mayor Gutenberger stated that City Attorney Nash had a number of concerns that were stated in a memo and he asked if those concerns had been addressed. Alderperson Lytel responded that at the last Human Services Committee meeting, the memo was reviewed by GIAC and the committee. Some minor changes and some clarifications were made. Discussion followed regarding the agreement. Alderperson Hoffman asked that this be tabled until questions concerning this agreement are answered. Alderperson Schlather agreed to review it in the Budget and Administration Committee with further review by the City Attorney. Motion to Refer to Committee By Alderperson Lytel: Seconded by Alderperson Johnson RESOLVED, That the matter of the GIAC /City Contract be referred to the Budget and Administration Committee for review and report back to Common Council at its September meeting. Carried (9 -0) * 15.2 Markles Flats Building for Day Care By Alderperson Lytel: Seconded by Alderperson Johnson WHEREAS, it is advisable to explore all options for day care expansion in the GIAC vicinity, and WHEREAS, additional investigation appears to indicate that day care expansion in GIAC may compromise GIAC programs, and 26 August 1, 1989 WHEREAS, the school district has been approached about the use of the Markles Flats building for day care and initial reaction is generally favorable; now, therefore, be it RESOLVED, That Common Council requests that the School Board formally consider allowing the use of the first floor of the Markles Flats building for day care pending negotiations between the City and School District and day care provider (Drop -in Center) regarding operation and provision of such a facility. Discussion followed on the floor. Alderperson Lytel proposed the following amendment: Amending Resolution By Alderperson Lytel: Seconded by Alderperson Killeen RESOLVED, That a 'be it further Resolved' be added to read as follows: "RESOLVED, That a committee is hereby established to conduct the negotiations which will include a representative of the Human Services Committee, the Director of Planning & Development, one representative each from the Drop -in Center and the Greater Ithaca Activities Center, a representative of the Department of Public Works and the City Controller or Deputy City Controller." Discussion followed on the amendment. Alderperson Cummings stated that at the request of Alderperson Peterson she was proposing the following amending resolution: Amending Resolution By Alderperson Cummings: Seconded by Alderperson Lytel RESOLVED, That the Resolved be changed to read as follows: "RESOLVED, That Common Council requests the School Board formally consider allowing the after hours use of Central School for suitable GIAC programs any'. /or the use of the first floor of the Markles Flats building for day care or other appropriate GIAC uses." Planning and Development Director Van Cort commented that he thinks this is a very good idea. If the City is going to start looking at Markles it may not be the best thing to put the day care in Markles; it may be better to put some other GIAC programs there. He has had an indication that it may be difficult to insure Markles, for a variety of reasons, for day care. He suggested that if we do take this course of action we ask the architect to study the program we are trying to accommodate and see where the program best fits. It is not adequate to just ask if you can put day care in Markles - the answer could be yes - but it might be much more expensive than leaving the day care in GIAC and moving another program like BOCES or a GIAC based program into Markles. you may also want to think about the financial implications for people who have businesses based in Markles. Alderperson Booth remarked that although he is aware of what Alderperson Peterson was trying to do, he is concerned about splitting up any GIAC programs at this stage. Discussion followed on the amendment. A vote on Alderperson Lytel's Amendment resulted as followed: Ayes (4) - Cummings, Lytel, Booth, Johnson Nays (5) - Schlather, Romanowski, Killeen, Nichols, Hoffman Motion Fails (4 -5) ry � 27 August 1, 1989 Main Motion A vote on the Main Motion resulted as follows: Ayes (8) - Schlather, Nichols, Hoffman, Johnson, Lytel, Booth, Killeen, Romanowski Nay (1) - Cummings Carried (9 -1) (4wooll The Amending Resolution proposed by Alderperson Cummings for Alderperson Peterson was withdrawn and not voted on. Motion to Extend Meeting By Alderperson Romanowski: Seconded by Alderperson Cummings RESOLVED, That this Common Council meeting be extended until 12:00 midnight. Carried (9 -0) O01 * 15.3 State Assembly Bill on Job Stabilization By Alderperson Lytel: Seconded by Alderperson Cummings (l) WHEREAS, Bill No. 6731 has been introduced in the New York State 1.", .A Assembly to amend the labor law to "prevent or minimize the .1 harmful economic and social effects on communities... when business concerns undertake to terminate or reduce substantially or relocate business operations. ", and WHEREAS, such an amendment enhances the City's Plant Closing Legislation in that a state -wide law protects all communities equably and prevents businesses from relocating into areas within the state without such legislation; now, therefore, be it RESOLVED, That Common Council notify State Assemblyman Luster, State Senator Seward, and Governor Cuomo of its support for such legislation. we Carried (9 -0) * 15.4 Funding Guideline for Human Services Requests By Alderperson Lytel: Seconded by Alderperson Cummings WHEREAS, the Human Services Committee has been apprised of a more than 50% increase in human services funding requests, and WHEREAS, the Human Services Coalition Review Committee has pared down the requests, and WHEREAS, a more precise guideline from Common Council will enable the Human Services Committee to evaluate these requests; now, therefore, be it RESOLVED, That the City of Ithaca human services funding level be a minimum of $100,248.00 (15% increase over 1989). Alderperson Lytel explained the reasons for this resolution. Discussion followed on the floor regarding the allocation. Alderperson Schlather remarked that he could not support this resolution as it is bad precedent for Council to target the budget ahead of time with respect to any entity and also we have no revenue sharing and we have increased capital expenditures. A vote on the resolution resulted as follows: Ayes (6) - Lytel, Cummings, Booth, Nichols, Johnson, Killeen Nays (3) - Romanowski, Hoffman, Schlather Carried (6 -3) 9 0 W., August 1, 1989 * 15.6 Ad Hoc Youth Services Study Committee Recommendations By Alderperson Romanowski.: Seconded by Alderperson Killeen WHEREAS, an Ad Hoc Youth Services Study Committee was created to propose a solution for an equitable and effective system for provision of youth services in the County and City, and WHEREAS, a number of configurations were proposed, examined, and refined to a single, workable proposal; now, therefore, be it RESOLVED, That the Common Council the Ad Hoc Youth Services Study informs the County of same. endorses the recommendations of Committee as listed below and RECOMMENDATION 1. Defer consideration of recreation programs for now, and refer this to the County Youth Board for a recommendation in 1990. 2. The County should take responsibility for providing and funding youth development programs, to meet needs that are to be addressed by the County Youth Bureau. 3. Both Youth Bureaus should continue to operate with their present governance and administrative structures. 4. The County Youth Bureau should add a programming capability which will be achieved for the present through contracts for which they have determined a priority need in the County in accordance with the comprehensive plan. This is to be a continuation of and improvement on the municipal youth services central program aid begun in this year. Programs provided by the County Youth Bureau with central dollars will not necessarily require a match by the contractor, and will be available to all youth within the County, regardless of the municipality of residence. 5. Because the City has been providing services to non -city residents and has an investment in staff and facilities as well as demonstrated experience, the County Youth Bureau will examine the suitability of City youth development programs for meeting County priorities. Any programs to be contracted for could be modified, expanded or eliminated upon recommendation of the County Youth Bureau. The City and County will work together on the development of contracts between them for programs. The City will have no obligation to develop a county -wide capability where it does not wish to, and the County will not be constrained from contracting with other service providers. 6. The City of Ithaca will have an opportunity to affect the process both through contract negotiations and through its representation on the County Youth Bureau and Board of Representatives. It should fill its seats on the County Youth Board one of which by a member of the City Youth Bureau Board, become an integral part of the County process, and participate fully in the development of the comprehensive plan. The City and County Youth Bureaus should provide non - voting staff and member liaisons to each other's board meetings. 7. The City Youth Bureau will retain its ability to contract for the provision of services to individual municipalities or other entities. 8. Multi -year contracts may be developed by the County Youth Board. 9. The municipal grant program (MYSP local) funded in the County's 1989 budget, should continue. 29 August 1, 1989 10. The County Youth Bureau will establish standards of effectiveness and accountability, propose a method for monitoring and evaluating these programs, and will make a recommendation for needed staff. Amending Resolution By Alderperson Schlather: Seconded by Alderperson Johnson RESOLVED, That the City Controller be and he is hereby directed (two., to notify all interested municipalities in the County as to their anticipated contractual obligation in 1990, using the same formula as for 1989, for recreation programs and those Youth Development and Recreational Mainstreaming programs which are not funded by the County, which notification shall be made in writing no later than September 1, 1989. Discussion followed on the amendment. Alderperson Booth stated that he wished the record to be very clear that the County has only talked about youth services and recreational mainstreaming. He did not want them to be confused that we are now including - recreation with this. That has never been a part of the discussion. A vote on the amending resolution resulted as follows: Carried (9 -0) Main Motion as Amended A vote on the Main Motion as Amended resulted as follows: Carried (9 -0) Weekend Meal Program - Report Alderperson Lytel reported that the weekend meal program is serving 120 people a weekend. A copy of the report has been mailed to the Alderpersons. PLANNING AND DEVELOPMENT COMMITTEE: Subdivision Reciulations Amendments - Cash in Lieu of Park Land Reservation - Report Alderperson Cummings reported that the matter of subdivision regulations amendments have been reviewed by the Planning and Development Committee and they are sending it back to Charter and Ordinance to bring to Council. Downtown Zonina - Buildina Height; Foot of State Street - Report Alderperson Cummings reported that there will be a recommendation from the Planning Department to the Planning and Development Committee next month. They hope to bring some changes to Council to deal with building heights, transitions in the business area and possible mixed use potential at the foot of State Street. Rental Housing Task Force Recommendations - Report Alderperson Cummings reported that the committee hopes to have a resolution for Common Council next month to establish the permanent Rental Housing Task Force to consider the recommendations of the Rental Housing Commission and Task Force. Plannina & Development Department 1990 Work Program - Report Alderperson Cummings reported that the committee is taking another look at the 1989 Work Program and doing some juggling of staffing since Glen Goldwyn has left to take another job. A report to Council will be forthcoming. Postal Service Employment - Report Coert Bonthius spoke to Council regarding the Postal Service workers being emphasize that transferred 44 postal from jobs Ithaca to Elmira. He wished to is essentially the same as the Ithaca Gun closing in terms of money and wages. He urged Council we to continue to press the issue to keep the jobs in Ithaca. Weekend Meal Program - Report Alderperson Lytel reported that the weekend meal program is serving 120 people a weekend. A copy of the report has been mailed to the Alderpersons. PLANNING AND DEVELOPMENT COMMITTEE: Subdivision Reciulations Amendments - Cash in Lieu of Park Land Reservation - Report Alderperson Cummings reported that the matter of subdivision regulations amendments have been reviewed by the Planning and Development Committee and they are sending it back to Charter and Ordinance to bring to Council. Downtown Zonina - Buildina Height; Foot of State Street - Report Alderperson Cummings reported that there will be a recommendation from the Planning Department to the Planning and Development Committee next month. They hope to bring some changes to Council to deal with building heights, transitions in the business area and possible mixed use potential at the foot of State Street. Rental Housing Task Force Recommendations - Report Alderperson Cummings reported that the committee hopes to have a resolution for Common Council next month to establish the permanent Rental Housing Task Force to consider the recommendations of the Rental Housing Commission and Task Force. Plannina & Development Department 1990 Work Program - Report Alderperson Cummings reported that the committee is taking another look at the 1989 Work Program and doing some juggling of staffing since Glen Goldwyn has left to take another job. A report to Council will be forthcoming. 30 August 1, 1989 CHARTER AND ORDINANCE COMMITTEE: Alderperson Booth withdrew reports on Items 17.5, 17.7, 17.8, 17.9, due to the lateness of the hour. * 17.1 An Ordinance Amending Chapter 55 Entitled 'Fire Regulations' of the City of Ithaca Municipal Code By Alderperson Booth: Seconded by Alderperson Schlather FIRE PREVENTION CODE AMENDMENTS The following material provides commentary on the proposed amendments to Chapter 55 of the City of Ithaca Municipal Code. Each item is cross - referenced to the resolution by the letter designated for each amendment. A. Section 55.18 The purpose of fire limits is to establish zones in a community where Type 5 construction, also known as wood frame construction, is not permitted. Fire limits are most often established in the downtown and industrial areas, as is the case in the City of Ithaca. The purpose of this change is to recognize that the 'B -2b', 'B -2c' and 'B -3' areas (the downtown, or "Commons" area, and the "Collegetown" areas) have some of the greatest densities of any in the City. The recent fire at 105 North Aurora Street emphasizes the consequences of wood frame construction in a congested downtown area. The rear wood frame stair enclosure at 105 North Aurora burned with such intensity and speed, that the rear of 306 -8 East State Street was igniting as firefighters arrived on the scene. Adding these two areas to the Fire Limits 'A' designation applies the somewhat stricter requirements for Fire Limits 'A' to the downtown business district and the Collegetown zones. B. Section 55.14.E.16 This amendment legalizes our close regulation of the use of propane in areas where large numbers of people gather, such as on the Commons during the Ithaca Festival or at the Farmer's Market. This close regulation is necessary to insure that the numerous propane users at these events have safe installations. C. Section 55.14E.24 Asphalt kettles represent a significant hazard and some contractors are not intimately familiar with their use or the degree of hazard that comes with them. Requiring permits in this way will insure that proper safeguards will be employed prior to commencement of the work. D. Section 55.14.F The need for permit fees can be related to justification for the building permit fees received by the Building Department. By recognizing the inherent costs in providing the services necessary to adequately safeguard the community from the threat of fire, a fee schedule for permits can be justified as a way of recovering these costs. The fee schedule concept also applies the concept of requiring the user of the service to help support the provision of that service. E Section 55.17 This amendment is necessary consistent with the requirements as referenced above. There i to make the provision for appeal of Part 440 - Boards of Review, s no local authority to waive, W-n 93 31 August 1, 1989 modify or otherwise excuse application of any portion of the New York State Uniform Fire Prevention Code, such authority being reserved for the State Regional Boards of Review. However, for any local ordinance, to which the Uniform Code is silent, a local appeals process may still be valid. (Wwe F. Section 55.22 Lock boxes permit the Fire Department to store building keys in a secure vault on the premises, rather than carrying them aboard command vehicles. The Fire Department is then required only to carry a master key to access the lock boxes. The master key is carried in a vehicle in a locked cylinder that only releases the key upon receipt of the proper coded transmission from dispatch. The officer must call and request dispatch to transmit the release tone when access to the lock box master key is required. In this way, security is established and maintained. The reason building keys are necessary for use by the Fire Department has increased dramatically in recent years. Numerous g =A1 alarms often mean simultaneous, and even triple alarms occurring at the same time. The ability of the Fire Department to wait, sometimes 30 to 45 minutes, for a property owner to show up to allow them into the building has been eliminated. A rapid, safe and nondestructive method of entering buildings from which a fire alarm has been received is a necessity. The lock box provides this. G. Section 55.23 (400" Current fire prevention statutes do not adequately address this particular situation. Over the years, various types of fires and other hazardous Fituations have occurred where occupants of a building have utilized fire escapes, roofs, porches and other locations for their barbecue grills, hibachis and similar appliances. The location alone presents an immediate problem as frequently these devices are placed in the means of egress. Other elements of the problem are related to unattended use, use of too much igniter fuel, faulty appliances, use by inebriated persons and similar situations. H. Section 55.30 Self - explanatory. I. Section 55.25 The sheer volume of fire alarm and detection system being installed now has generated fire alarm volumes that would have been unpredictable just a few years ago. Although existing codes and standards provide for design and installation standards, not all elements of necessary design are provided for. Hence the material proposed above. This will allow the Fire Department to exert more specific supervision over system design, installation and operation, in a manner that should provide greater control over deficient systems and premises. J. Section 55.26 This is a brief indicator of the need for a legislative initiative to address the probability of potentially staggering costs that may be incurred in responding to a hazardous materials incident. wo K. Section 55.27 August 1, 1989 The presence of guard dogs in a building brings several concerns to emergency personnel who may be required to force entry into a building to render aid of some sort. This proposed section is designed to provide advance notice of the presence of these animals so that appropriate plans may be made to deal with the problem ahead of time. WHEREAS, the City of Ithaca wishes to protect the health and safety of its residents, its employees, and other persons, and WHEREAS, Chapter 55 of the City of Ithaca Municipal Code entitled 'Fire Regulations', regulates actions and activities affecting the provision and maintenance of fire safety, and WHEREAS, the existing provisions of Chapter 55 should be amended in order to more fully provide for fire protection; now, therefore, be it RESOLVED, That this Common Council does hereby amend said Chapter 55 as follows: ORDINANCE NO. 89 - Section 1. Amendments to Chapter 55 A. Section 55.18 Fire Limits is hereby amended to read as follows: SECTION 55.18 FIRE LIMITS Fire limits of the City of Ithaca are hereby defined as follows: A. Fire limits 'A': Those areas of the City which are zoned Industrial 'I -1' and Business 'B -2b', 'B -2c' and 'B -3' in the City of Ithaca Zoning Ordinance (Chapter 30 of the Municipal Code). B. Fire limits 'B': Those areas of the City which are zoned Business, 'B -4' or 'B -51, in the City of Ithaca Zoning Ordinance (Chapter 30 of the Municipal Code). B. Paragraph 16 of Subdivision E of Section 55.14 Permits Required is hereby amended to read as follows: SECTION 55.14 PERMITS REQUIRED E. The following permits are required: 16. Liquified Petroleum Gases. Permits and Reports of Installations. a. (1) A permit shall be obtained for each installation of liquefied petroleum gas employing a container or an aggregate of interconnected containers of over 2,000 gallons water capacity. (2) A permit shall be obtained for each temporary or permanent installation of liquefied petroleum gas, irrespective of size of containers, made at buildings or gatherings at which people congregate for civic, political, educational, religious, social or recreational purposes. Such buildings shall include, but not be limited to, schools, churches, health care occupancies, hotels, and restaurants, each having a capacity of 20 or more persons. This section shall not 33 August 1, 1989 apply to one o% two family dwellings utilizing appliances supplied with a single cylinder not exceeding 20 pounds capacity. b. ... through the end of paragraph 16 remains unchanged. C. Subdivision E of Section 55.14 Permits Required is hereby (Wel amended by adding the following new paragraph 24 entitled "Asphalt Kettles ", as follows: 24. Asphalt Kettles. D. Section 55.14 Permits Required is hereby amended by adding a new subdivision F entitled "Permit Fees ", as follows: F. Permit Fees 1. The Fire Chief shall promulgate a permit fee schedule applicable to the permits required herein. Fees established in the fee schedule shall reasonably reflect the cost of receiving, investigating, processing and issuing each of said permits. 2. Such schedule, and any changes proposed thereto, shall be submitted to Common Council for adoption prior to collection of such fees. 3. The fee schedule shall be posted at the Fire Chief's office and distributed to any interested parties. E. Section 55.17 entitled "Appeals from decisions of Chief of Fire Department" is hereby amended as follows: SECTION 55.17 Appeals from decisions of Chief of Fire (400-e Department A. For those elements of Chapter 55 of the City of Ithaca Code, or of Chapter 'C' of the New York State Fire Prevention and Building Code that are addressed by the New York State Uniform Fire Prevention and Building Code, the manner of appeal shall be as specified in Title 19 NYCRR, "Part 440 - Uniform Code: Boards of Review" of the Department of State "Rules and Regulations for Administration and Enforcement of the New York State Uniform Fire Prevention and Building Code ", dated 1/1/85. a. A permit shall be required for asphalt kettles. Such permit shall be obtained prior to issuance of any building permit for the construction or reconstruction of any roof; 4, and, prior to operation of the kettle on the site. b. A permit shall be obtained for each kettle to be used even if more than one will be used at one site. �1 C. Regulations governing operation and use of asphalt kettles shall be as specified in Part 1192 of the New York State Uniform Fire Prevention and Building Code entitled "Flame Producing Devices ", dated 1/1/84. D. Section 55.14 Permits Required is hereby amended by adding a new subdivision F entitled "Permit Fees ", as follows: F. Permit Fees 1. The Fire Chief shall promulgate a permit fee schedule applicable to the permits required herein. Fees established in the fee schedule shall reasonably reflect the cost of receiving, investigating, processing and issuing each of said permits. 2. Such schedule, and any changes proposed thereto, shall be submitted to Common Council for adoption prior to collection of such fees. 3. The fee schedule shall be posted at the Fire Chief's office and distributed to any interested parties. E. Section 55.17 entitled "Appeals from decisions of Chief of Fire Department" is hereby amended as follows: SECTION 55.17 Appeals from decisions of Chief of Fire (400-e Department A. For those elements of Chapter 55 of the City of Ithaca Code, or of Chapter 'C' of the New York State Fire Prevention and Building Code that are addressed by the New York State Uniform Fire Prevention and Building Code, the manner of appeal shall be as specified in Title 19 NYCRR, "Part 440 - Uniform Code: Boards of Review" of the Department of State "Rules and Regulations for Administration and Enforcement of the New York State Uniform Fire Prevention and Building Code ", dated 1/1/85. 34 August 1, 1989 B. 1. This subdivision shall apply only to those elements of Chapter 55 of the City of Ithaca Municipal Code that are not addressed or otherwise covered by the New York State Uniform Fire Prevention and Building Code. 2. Whenever the Chief of the Fire Department shall refuse to grant a permit applied for, or when it is claimed that the provisions of the code do not apply or that the true intent and meaning of the code may have been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the Chief of the Fire Department to the Fire Appeals Board within thirty (30) days from the date of the decision. The Fire Appeals .Board may affirm, modify or reverse any determination of the Chief of the Fire Department made pursuant to the provisions of this Chapter and /or the Fire Prevention Code. F. Chapter 55 is hereby amended to add a new section 55.22 Lock Boxes to read as follows: SECTION 55.22 LOCK BOXES A. A lock box, for storing building keys, shall be obtained and affixed on certain premises as described herein. Such lockbox shall be as prescribed by the Fire Department and shall be obtained in the manner established by the Fire Department. B. Lock boxes shall be required for all new and existing buildings, other than one or two family dwellings, that have fire alarm and /or fire detection systems that are, or will be, inter- connected with the Fire Department. Alarm system interconnects include, but are not limited to, municipal fire alarm, radio, telephone leased line, telephone dialer or central station systems. C. Lock boxes shall be affixed to structures in the manner detailed by the manufacturer and in the location established by the Fire Department. G. Chapter 55 is hereby amended to add a new Section 55.23 entitled "Use of Cooking and /or Heating Appliances ", to read as follows: SECTION 55.23 USE OF COOKING AND /OR HEATING APPLIANCES The use of solid, liquid or gaseous fueled cooking or heating appliances in, or on, buildings or structures is hereby regulated as follows: The use of such appliances is prohibited on porches, roofs, exterior stairs, fire escapes, balconies and similar building structures or appurtenances, where such use will result in exposure of the building or structure to fire, will impede means of egress or where such use will result in unstable or otherwise hazardous operation of such appliances. H. Chapter 55 is hereby amended by amending Section 55.25 "Penalties for Violation of Noncompliance with Article ", as follows: 35 August 1, 1989 SECTION 55.30 PENALTIES... The text of this Section remains unchanged. I. Chapter 55 is hereby amended by adding a new section 55.25 entitled "Fire Alarm and Detection Systems ", to read as follows: SECTION 55.25 FIRE ALARM AND DETECTION SYSTEMS A. Installation Requirements 1. Fire alarm and detection systems shall be installed as per the requirements of the New York State Uniform Fire Prevention and Building Code, dated 1/1/84, and referenced standards therefrom. Y ° =cj 2. Fire alarm and detection systems shall be installed by or under the direct supervision of licensed electricians, licensed by the City of Ithaca, or by those demonstrating equivalent u,5 license reciprocity as provided for in the Municipal Code. 3. The city electrical inspector shall, upon application by the installing electrician or the owner of the premises, make the rough -in inspection of such system as has been installed to insure compliance with the provisions of the National Electrical Code (NFPA 70), the 1987 edition, as it applies to said system. 4. The Fire Department shall, upon application by the installing electrician or the owner of the premises, make the rough -in inspection of such system as has been installed to insure compliance with the provisions of the New York State Uniform Fire Prevention and Building Code, dated 1/1/84, and referenced standards therefrom. 5. Following complete testing of the system by the installer, the installer shall cause a certification of system installation and operation to be executed prior to the Fire Department making observations of acceptance testing. This certification shall be made on forms provided by the Fire Department. 6. The Fire Department shall observe acceptance testing per the provisions of the Uniform Fire Prevention and Building Code, dated 1/1/84, and referenced standards. B. System Design 1. All fire alarm and /or detection systems shall be provided with adequate zone reporting capacity to insure rapid and efficient location of the source of the alarm by the Fire Department. During plan review, the Fire Department shall specify zone reporting assignments for the proposed system. 2. Fire alarm and /or detection system control panels shall be capable of isolating each zone from the panel so that defective or impaired devices or systems causing alarms may be isolated and repaired without requiring the remainder of the system to be shut down. 36 August 1, 1989 3. Required Fire Department interconnects shall be provided either by connection to the municipal alarm system or by installation of a radio transmitter alarm system, approved by the Fire Department. All other fire department interconnects must be approved by the Fire Department prior to installation. C. System Operation 1. Should a fire alarm /detection system cause numerous false alarms in such a way that the safety of the occupants, firefighters, or any other persons or property is imperiled, the Fire Chief is hereby empowered to order disconnection of such alarm system until such time as the problem is resolved. During such time when any required system is disconnected, alternate protection shall be provided, as specified by the Fire Chief, or the building shall be vacated. 2. The owner /operator of any premises with a required fire alarm /detection system must notify the Fire Department whenever the system must be made inoperative for maintenance or repair. The Fire Department must be re- notified when the system is restored. In no event is a required system permitted to be rendered inoperative without alternative means of protection, acceptable to the Fire Department, being provided. J. Chapter 55 in hereby amended by adding a new section 55.26 entitled "Hazardous Materials" to read as follows: SECTION 55.26 HAZARDOUS MATERIALS All costs incurred by the City of Ithaca, as a result of operations of its respective departments in mitigating and /or recovering from a hazardous material spill, discharge, release or other eventuality requiring response and action by the City shall be recoverable by the City of Ithaca. Such costs shall be recoverable from the owner, agent, shipper or other party having responsibility for the material(s) causing the hazardous situation. For the purposes of this section, hazardous materials" shall have the meaning provided for in Part 1174 of the New York State Uniform Fire Prevention and Building Code, dated 1/1/84. K. Chapter 55 is hereby amended by adding a new section 55.27 entitled "Guard Dogs ", to read as follows: SECTION 55.27 GUARD DOGS The owner and /or manager of any non - residential premises using an unattended guard dog to provide security shall register with both the Police and Fire Departments. Such registration shall include the number and breed of dog(s) in use, the days and times such dog(s) is unattended on the premises and the name(s) of the owner(s) and /or handler(s) and methods of contacting them. Additionally, the registration shall include a floor plan of the premises with dog patrol areas designated. The owner /manager of such premises shall file a release that shall indemnify the City of Ithaca from liability for harm or damage to the dogs) or the premises caused by any act or omission on the part of the Police or Fire Department as a result of the presence of guard dogs on the premises. 0 37 August 1, 1989 The owner /manager of such premises shall notify the Police and Fire Departments at such time as a guard dog(s) is no longer employed at, and is removed from, those premises. Section 2. Effective Date. These amendments to Chapter 55 of the City of Ithaca Municipal Code shall take effect immediately upon the publication of a notice as provided in Section 3.11(B) of the Ithaca City Charter. Carried (9 -0) * 17.2 An Ordinance Amendinq Section 30.3(B) Entitled 'Height of Buildina' of Chapter 30 Entitled 'Zoning' of the City of Ithaca 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. Carried (9 -0) AN ORDINANCE AMENDING SECTION 30.3(B) ENTITLED 'HEIGHT OF BUILDING' 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. That Section 30.3(b) entitled 'Height of Building' is amended as follows: 1147. Height of Building 'Height of a building' shall mean the vertical distance measured from average finished grade level to the highest level of a flat or mansard roof, or to the average height of a pitched, gabled, hip or gambrel roof, excluding bulkheads, housing for mechanical equipment, towers, and similar constructions not intended for human occupancy, or necessary equipment carried above roof level. Where a building contains sections of a roof of varying heights, the height of a building shall be measured using that section of the roof that has the highest elevation from the average finished grade level. The average finished grade level shall be determined from a datum established by the average elevation of the finished grade adjoining the exterior walls of the building." Municipal Code - Call for Public Hearing By Alderperson Booth: Seconded by Alderperson Nichols RESOLVED, That Ordinance No. 89 - entitled "An Ordinance ( y Amending Section 30.3(B) of Chapter 30 Entitled 'Zoning' of the City of Ithaca Municipal Code" be and it hereby is introduced before the Common Council of the City of Ithaca, New York, and be it further RESOLVED, That the Common Council shall hold a public hearing in the matter of the adoption of the aforesaid ordinance to be held at the Common Council Chambers, City Hall, 108 East Green Street, Ithaca, New York on Wednesday, September 6, 1989 at 7:00 p.m., and be it further RESOLVED, That the City Clerk give notice of such public hearing by the publication of a notice in the official newspaper, specifying the time when and the place where such public hearing will be held, and in general terms describing the proposed ordinance. Such notice shall be published once at least fifteen days prior to the public hearing, and ha 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. Carried (9 -0) AN ORDINANCE AMENDING SECTION 30.3(B) ENTITLED 'HEIGHT OF BUILDING' 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. That Section 30.3(b) entitled 'Height of Building' is amended as follows: 1147. Height of Building 'Height of a building' shall mean the vertical distance measured from average finished grade level to the highest level of a flat or mansard roof, or to the average height of a pitched, gabled, hip or gambrel roof, excluding bulkheads, housing for mechanical equipment, towers, and similar constructions not intended for human occupancy, or necessary equipment carried above roof level. Where a building contains sections of a roof of varying heights, the height of a building shall be measured using that section of the roof that has the highest elevation from the average finished grade level. The average finished grade level shall be determined from a datum established by the average elevation of the finished grade adjoining the exterior walls of the building." 1_U0 38 August 1, 1989 SECTION 2. EFFECTIVE DATE. This ordinance shall take effect immediately and in accordance with law upon publication of a notice as provided in Section 3.11 (B) of the Ithaca City Charter. * 17 3 An Ordinance Amending Section 30.33(C) Entitled 'Height and Open Space' of Chapter 30 Entitled 'Zoning' of the City of Ithaca Municipal Code - Call for Public Hearing By Alderperson Booth: Seconded by Alderperson Schlather RESOLVED, That Ordinance No. 89 - entitled "An Ordinance Amending Section 30.33(C) of Chapter 30 Entitled 'Zoning' of the City of Ithaca Municipal Code" be and it hereby is introduced before the Common Council of the City of Ithaca, New York, and be it further RESOLVED, That the Common Council shall hold a public hearing in the matter of the adoption of the aforesaid ordinance to be held at the Common Council Chambers, City Hall, 108 East Green Street, Ithaca, New York on Wednesday, September 6, 1989 at 7:00 p.m., and be it further RESOLVED, That the City Clerk give notice of such public hearing by the publication of a notice in the official newspaper, specifying the time when and the place where such public hearing will be held, and in general terms describing the proposed ordinance. Such notice shall be published once at least fifteen days prior to the public hearing, and be it further RESOLVED, That the City Clerk shall transmit forthwith to the Board of Planning and Development and the Tompkins County Planning Board a true and exact copy of the proposed ordinance for its report thereon. Carried (9 -0) AN ORDINANCE AMENDING SECTION 30.33(C) ENTITLED 'HEIGHT AND OPEN SPACE' 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. That Section 30.33(C) entitled 'Height and Open Space' is amended as follows: 1130.33(C). Height and Open Space. In any district, any main building may be erected to a height in excess of that specified for the district, provided: 1) each required front, side and rear yard is increased one foot on the ground for each one foot of such additional height; 2) in all Districts, the number of stories permitted may not be exceeded; and 3) in each district the number of additional feet may not exceed 10% of the maximum building height allowed in that district." SECTION 2. EFFECTIVE DATE. This ordinance shall take effect immediately and in accordance with law upon publication of a notice as provided in Section 3.11(B) of the Ithaca City Charter. * 17.4 Resolution to Combine Public Hearings for Amendments to Section 30.3(B) and 30.33(C) of the Zoning Ordinance By Alderperson Booth: Seconded by Alderperson Cummings RESOLVED, That Common Council hereby directs the City Clerk to schedule one public hearing at its regular September meeting to consider proposed amendments to Sections 30.3(B) and 30.33(C) of the Zoning Ordinance. Carried (9 -0) 0 10 39 August 1, 1989 R -2c Zoning - Report Alderperson Booth reported the Charter and Ordinance Committee has looked at the R -2c Zoning. There appear to be two problems that are going to take longer to work on. The Building Commissioner is concerned about being readily and easily able to provide information to people who ask what can be built on their property. The other problem is what will happen if a room which is not a bedroom becomes a bedroom and thereby makes that building a non - conforming building for all other purposes. (460e Because these things need to be worked on the committee will be meeting with Thys Van Cort and Paul Mazzarella again. recognize the right of the individual, married or single, to be free of unwanted governmental intrusion into matters so private as the decision whether to bear a child. We believe that women, regardless of age or economic, social, or ethnic status, have the right to seek and obtain medically safe, legal abortions under dignified conditions and at a reasonable cost. Moreover, we urge elected officials at all levels of government to support the inalienable and constitutional right of all individuals to decide when, whether, and with whom to have a family. Now, therefore, be it (4wo" RESOLVED, That the statement proposed by the Coalition for Reproductive Choice be referred to the Human Services Committee for study, public input, and possible resolution for Council action. Alderperson Nichols stated that he believes it is up to elected officials to take a stand, even though decisions will be made at the State and Federal levels. He is asking for pubic input on this issue to make sure that when Council makes its recommendations to the State and Federal officials that it comes after wide public debate. He will be asking the Human Services Committee to hold a Public Hearing on this issue. REPORT OF SPECIAL COMMITTEES AND COUNCIL LIAISONS: Local Air Quality Report for Referral to Proper Committee By Alderperson Lytel: Seconded by Alderperson Killeen RESOLVED, That the Local Air Quality report be referred to the Planning and Development Committee for review and report back to Council. ,... Carried (9-0) NEW BUSINESS• for Reproductive Choice _Coalition By Alderperson Nichols: Seconded by Alderperson Schlather WHEREAS, the Coalition for Reproductive Choice represents the views of many residents of the City of Ithaca, and WHEREAS, the Coalition has asked Common Council to urge State and Federal protection of the rights of women to control their own bodies, and WHEREAS, the Coalition has proposed the following statement for adoption by Council: In light of the recent Supreme Court plurality opinion in Webster V. Reproductive Health Services, which threatens the American tradition of civil liberties, we: recognize the right of the individual, married or single, to be free of unwanted governmental intrusion into matters so private as the decision whether to bear a child. We believe that women, regardless of age or economic, social, or ethnic status, have the right to seek and obtain medically safe, legal abortions under dignified conditions and at a reasonable cost. Moreover, we urge elected officials at all levels of government to support the inalienable and constitutional right of all individuals to decide when, whether, and with whom to have a family. Now, therefore, be it (4wo" RESOLVED, That the statement proposed by the Coalition for Reproductive Choice be referred to the Human Services Committee for study, public input, and possible resolution for Council action. Alderperson Nichols stated that he believes it is up to elected officials to take a stand, even though decisions will be made at the State and Federal levels. He is asking for pubic input on this issue to make sure that when Council makes its recommendations to the State and Federal officials that it comes after wide public debate. He will be asking the Human Services Committee to hold a Public Hearing on this issue. 10`' 40 August 1, 1989 Alderperson Cummings asked Human Services Committee to consider economic boycott strategies that are available against entities which fund anti - abortion activities. Alderperson Romanowski read the following statement into the record: "Notwithstanding the statements here tonight there are also City of Ithaca residents who hold opposing views on those held by the Coalition for Reproductive Choice. Common Council has always held its purpose is to enhance and protect the quality of life for its citizens. They are concerned with such things as housing for the homeless, the elderly, the low - income people, they are concerned with child care, meals for the hungry, concerned with fire and police protection, water quality and on and on. All these things are dedicated to the preservation of life. The tragedy of abortion is that it is a life that is lost. There has to be a better way. The outcome of this civil war in the country is that it is going to be fought in the State and Federal Courts and legislative bodies. To inject this highly divisive topic into local political bodies is to dilute our effectiveness on the issues that affect us directly here in the City of Ithaca. It could mean a civil war right in the local bodies. I understand and respect the differences of opinion within society itself on this but I have views directly opposed to those that a lot of people hold. I would like to have people on their own write their representatives, to lobby, to loin groups, whatever their perspective decisions are on this but I can't support this resolution and I urge other people if they have any kind of leaning for not supporting abortion as a viable solution to vote this down also." A vote on the resolution resulted as follows: Ayes (8) - Cummings, Nichols, Booth, Killeen, Lytel, Johnson, Hoffman, Schlather Nay (1) - Romanowski Carried (8 -1) Adjournment On a motion the meeting adjourned at 12:05 a.m. Callista F. Paolangeli City Clerk d John C. Gutenbergei Mayor V 19.1 W_ COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 7:00 P.M. August 1, 1989 PRESENT: Mayor Gutenberger Alderpersons (9) - Booth, Nichols, Hoffman, Cummings, Lytel, Johnson, Killeen, Schlather, Romanowski (Wool ABSENT: Alderperson Peterson (excused) OTHERS PRESENT: City Clerk - Paolangeli City Controller - Cafferillo Director, Planning & Development - Van Cort Personnel Administrator - Walker Building Commissioner - Datz Oki FIre Chief - Olmstead (� Board of Public Works Commissioner - Reeves i3 Acting Superintendent of Public Works - Fabbroni Youth Bureau Director - Cohen Assistant City Attorney - Beers - Schnock 4Z:�. PLEDGE OF ALLEGIANCE: Mayor Gutenberger led all present in the Pledge of Allegiance to the American flag. MINUTES: Approval of Minutes of the July 5, 1989 Common Council Meeting Alderperson Schlather requested that on page 7, in the fifth paragraph, the word 'do' be changed to 'design'. It should read (woe, as follows: "commissioned to design the renovations.....". Alderperson Schlather stated that on page 34, under "Adjournment ", it should be noted that the meeting was adjourned after the Executive Session at 12:00 midnight. Resolution By Alderperson Booth: Seconded by Alderperson Schlather RESOLVED, That the Minutes of the July 5, 1989 Common Council meeting be approved with the above corrections. Carried (9 -0) ADDITIONS TO THE AGENDA: Budget and Administration Committee Alderperson Schlather requested the addition of two items - 14.12, a resolution for the appointment of an Acting Superintendent of Public Works, and 14.13 an amendment to the authorized equipment list for the Finance Department. Alderperson Schlather stated that there is also a revised copy of the Agreement between the City /Community Recreation Center, Inc. /Ithaca Youth Hockey Association, item 14.2 on the agenda. MAYOR'S APPOINTMENTS: Youth Bureau Advisory Board (awe, Mayor Gutenberger requested approval of Council for the appointment of Than Sun, 520 West Buffalo Street, to the Youth Bureau Advisory Board, with a term to expire December 31, 1991, and Valerie Walker, 63 Sheraton Drive, with a term to expire December 31, 1990. Resolution By Alderperson Booth: RESOLVED, That this 0 and Valerie Walker to to expire December 31, Seconded by Alderperson Killeen 3uncil approves the appointment of Than Sun the Youth Bureau Advisory Board with terms 1991 and December 31, 1990, respectively. Carried (9 -0) W; f ,1 2 August 1, 1989 Tompkins County Youth Bureau Board Mayor Gutenberger requested approval of Council for the appointment of Heather Tallman, 317 Richard Place, and Francis Shattuck, 901 Dryden Road as City Representatives to the Tompkins County Youth Bureau Board with terms to expire December 31, 1991. Resolution By Alderperson Johnson: Seconded by Alderperson Nichols RESOLVED, That this Council approves the appointment of Heather Tallman and Francis Shattuck as City Representatives to the Tompkins County Youth Bureau Board with terms to expire December 31 1991 Carried (9 -0) Board of Public Works Mayor Gutenberger requested approval of Council for the appointment of Joseph Spano, 171 East State Street, to the Board of Public Works with a term to expire December 31, 1989. Resolution By Alderperson Schlather: Seconded by Alderperson Romanowski RESOLVED, That this Council approves the appointment of Joseph Spano to the Board of Public Works with a term to expire December 31, 1989. Carried (9 -0) Purchasing Agent Search Committee Mayor Gutenberger announced that due to the upcoming retirement of John C. Clynes, Purchasing Agent for the City of Ithaca, he has appointed the following persons to serve on the Search Committee for that position: Jean McPheeters Michael Sprague Sheila Ferrari Alderperson Booth Alderperson Schlather Alderperson Killeen a member of the Energy Commission will be announced. Deputy City Clerk Search Committee Mayor Gutenberger announced that due to the resignation of Betty F. Poole as Deputy City Clerk for the City of Ithaca, he has appointed the following persons to serve on the Search Committee for that position: Dominick Cafferillo Callista Paolangeli Debra Parsons Jean Swartwood Alderperson Lytel Alderperson Johnson Alderperson Romanowski Arts and Culture Committee Mayor Gutenberger stated that he has appointed the following persons to serve on the Arts and Culture Committee: Jill Hartz, John Johnson, Jean Deming, and Michael Cannon. A fifth person will be announced at a later date. Capital Review Committee Mayor Gutenberger stated that he has named the following persons to serve on the Capital Review Committee: Larry Fabbroni, Dominick Cafferillo, Thys Van Cort, Raymond Schlather, Susan Cummings, Joseph Daley, Carol Reeves, Susan Blumenthal, Moncrief Cochran, and the Mayor. (f e� 3 August 1, 1989 PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: Hydropower The following persons spoke to Council regarding the Hydropower issue and expressed their reasons for being against the development of hydropower at Ithaca Falls: Sarah Jane Bokaer, Linn Street Lois Darlington, 409 Lake Street Margaret Fabrizio, 213 King Street (4wool Alfredo Rossi, 409 Lake Street Jeanne Fadula, 615 North Aurora Street Second Hockey Rink at Cass Park Doria Higgins, representing 'Citizens to Save Our Parks', stated that before reading her statement this evening she would like to make it clear that their group is not opposed, at this time, to a new hockey rink but they are opposed to the contract that is on the agenda for Council this evening and they are opposed to the proposed location for the new rink. Ms. Higgins read the following statement to Council: "We respectfully ask you to consider the following four points when voting tonight on Item 14.2 - -a contract between the City, the Community Recreational Center, Inc., and the Ithaca Youth Hockey Association, which would commit the City to start building a second hockey rink at Cass Park on the site of the present tennis courts upon payment to the City by CRC of 'at least $550,000.00.' 1. There is no limit set in this contract upon the eventual cost of the hockey rink. Item 10 gives the impression of such a limit but in fact the wording is vague and the intent ambiguous. The item reads "...the City reserves the right to refuse to go (awoe forward... if the total cost... should exceed $1,100,000.00." It says only that the "City reserves the right to refuse to go forward." It does not say the City will refuse to go forward if the cost should exceed $1,100,000.00. Suppose the City has started construction (as the contract says it must on receipt of $550,000.00) and finds after it has already spent $550,000.00 or more that the eventual cost will be two million dollars over the estimated cost. What does the City do then? Stop construction and simply lose whatever it has already spent? 2. The itemization of costs as presented in the agreement are of doubtful accuracy. For instance cost of "Relocation of Tennis Courts" is given as 11$25,000.00." We spoke yesterday to McGuire Bennett who built the new tennis courts at La Tourelle and they said of the cost listed in your proposed contact "It couldn't be done at that price." They said 11$25,000.00 per court was a minimum." Which means the relocation of the four tennis courts would be $100,000.00 at a "minimum" not a mere $25,000.00 as stated. Let us be reminded that the original cost estimate for the administration building of the Youth Bureau was $700,000.00. ce But, in fact, it cost us seven hundred thousand plus one million. What makes this overcharge worse is that while there are a few facilities for youth in that building, it is, as you know, primarily an administration building. 3. The Site Plan Review Committee has not been asked to review the proposed location of the rink. The Conservation Advisory Council has objected to the proposed location of the rink. Citizens to Save Our Parks and others in the community have publicly objected to the proposed location. C ED 4 August 1, 1989 The estimated cost of the new rink is based on its location at the site of the present tennis courts. A 20 foot high building at this site, longer than the present tennis courts, will obtrude unpleasantly on the beauty of the park and most particularly on the comfort and beauty of the Cass Park pool. For you to bypass the newly formed Site Plan Review Committee, expressly created by you to evaluate sitings such as the new rink, and to ignore recommendations from the CAC would seem to indicate a deliberate blindfolding of yourselves in this matter. 4. We think it would be a better priority for the City government, at this time, to complete arrangements to provide GIAC with a decent pool before spending money to construct a second hockey rink." Mr. Paul Sayvetz, 201 Elm Street, stated that he thinks the location of the proposed hockey rink is unwise. He urged Council to delay action on the issue of the second hockey rink. Access Unlimited Larry Roberts, 315 South Albany Street, read the following statement to Council: "I represent Access Unlimited, a group of people interested in disability and access issues in Ithaca and the surrounding areas. We understand that, finally, the City is taking action to make Clinton Hall accessible from the rear. Though we are glad this action is being taken we want to express outrage at longstanding City inaction in failing to enforce its Building Code. We want to make it clear that we are unhappy with rear access, but consider it better than no access. Tonight, we urge your adoption of a policy for the future prohibiting of rear access in City buildings. Such access 4_s insulting and demeaning. It is also problematic in that doors are often locked for security reasons or blocked for deliveries or otherwise commonly obstructed. On July 26, Mayor Gutenberger met with members of Access Unlimited. We discussed a preliminary list of areas of concern to us at that time. For your information and attention, we are passing that list along to you. Please feel free to add to it if you wish. The Mayor expressed some enthusiasm about setting up an advisory panel, with staff assistance assigned, to help the City move forward on issues affecting people with disabilities. We look forward to working with you to lead Ithaca in the direction of becoming barrier - free." Sciencenter on old Sewer Treatment Plant Site Robert Leathers, 99 East Lake Road, Architect for the new Sciencenter, addressed the resolution on tonight's agenda on establishing an Ad Hoc Committee to consider uses for the old Sewage Treatment Plant site. He gave background information on the Sciencenter and stated that since they have been displaced from their location on Tioga Street, they are temporarily located in Center Ithaca. At that time the Sciencenter set up a committee to begin a community volunteer process to design, organize and build a new Sciencenter in Ithaca. The first choice that the committee has for a permanent home is the old Sewage Treatment Plant site. Mr. Leathers stated that they felt that not only would establishing a Sciencenter at that site provide a fun place for the family to visit but in addition, it would provide an educational resource that the neighborhood, the school system, the whole community would be able to use. He said that in l) k August 1, 1989 addition, they plan to build a neighborhood park on that same site, and they feel that the center would be a regional magnet that would attract people from all over the state. Mr. Leathers further stated that the Sciencenter committee welcomes the opportunity to work with the City to set up an agreement whereby they might lease a portion of that site and establish a dynamic, exciting community center here in Ithaca. (00" Plant Closing Legislation Coert Bonthius, 109 West State Street, addressed Council about the resolution that is on tonight's agenda in support of State legislation on plant closings. He stated that the Tompkins County Labor Coalition urges Council to pass the resolution. Mr. Bonthius also spoke regarding the MacCormick Center. Last week 44 employees at the Center received notification that their jobs are being terminated on October 1, 1989. He said that many r:o of these workers live in Tompkins County and have made a commitment to the community. Due to budgetary concerns, the 0) State Division for Youth has decided to terminate the positions and re -hire the same workers at a lower pay grade. While this is .� not the same as a plant closing, it is a mass lay -off. Mr. Bonthius urged Common Council to show support for these workers. Joseph Maratea, 109 West State Street, representing CSEA Local 561 at the MacCormick Center, addressed Council and explained what has happened at the Center. He said that 18 months ago the McCormick Center was changed from a secure facility for juveniles to a limited secure. At that time the NYS Division for Youth gave the 44 employees that worked directly with these youth their word that their salaries would not be reduced due to the changing in the status of the Center. These people were informed on July 25th of a change in their job status. They were given until August 7th to let the state know what their intention is as far as wanting a demotion or taking a lay -off or relocating. The only offer that the state has made regarding the relocating is to a facility that is 150 miles away and they have been given 24 days to make up their minds and report to their new job. Mr. Maratea handed out a resolution that he had drafted and he urged the Council to strongly oppose such action by the State by adopting this resolution. Baling Station Chris Zikakis, 309 Sunnyview Lane, spoke on the issue of the baling station at the Commercial Avenue site. He urged Council not to delay their decision for another month. He asked Council to vote tonight to pass a resolution proclaiming their opposition to the Commercial Avenue site for a baling station. The following persons voiced their concerns regarding a Baling Station at the Commercial Avenue site: Fred Remilard, Elmira Road - Representing McDonald's Restaurant Tim McGuire, Meadow Street - Representing McGuire Ford Steve Homerada, Elmira Road - Representing Southern Tier Pizza Hut Gordon Chambers, Meadow Street - Representing PIP Printing Bruce Abbott, Manager West Village Apartments Jeanne Fadula, North Aurora Street, spoke in support of the plant closing legislation. She also urged Council to renew their commitment to energy conservation and waste reduction. Paul Sayvetz, 201 Elm Street, voiced concerns regarding location of the baling station and also urged Council to delay action on the resolution on tonight's agenda regarding the Hockey Rink at Cass Park. (11 1 6 August 1, 1989 Markles Flat for Day Care David Scovronick, 403 North Plain Street, owner of Ithaca Soyfoods, stated that his business is located in the Markles Flat building and he has grave concerns about the possibility of moving the Day Care Center to that location. He said that at this point having to move his business would incur a severe economic hardship upon him to the extent that there would be the chance that he might not be able to continue in business. He asked that other sites, as well as the Markles Flat building, be considered for day care. Reproductive Choice Shelley Drazen, 118 East Fall Street, representing the Center for Reproductive Choice, urged Council to support the resolution regarding reproductive choice on tonight's agenda. Development of the Treman Marina and Surroundinq Area Rick Bonney, Ornithologist, Barnes Hill, Newfield, read the following statement to Council: "When the first white settlers arrived in the Finger Lakes, the southern end of Cayuga Lake was one vast wetland, teaming with birds, water fowl, and wading birds. These days, after 150 years or so of rather relentless civilization the wetland at the south end of the lake has been reduced to a vestige, a tiny little area, wetland and grassland known as Hogs' Hole. Most of that area is owned by the State and doesn't have a whole lot to do with the people around the table tonight but there is a small part there that is owned by the City. It is called the Festival Land. Andrew Mazzella, Commissioner of Finger Lakes State Parks, has asked that the city transfer the Festival Lands to the State so that the State can develop them by adding to the Marina one more pier, putting in a road and some parking lots. I think it is a terrible idea; I think probably the birds do too and I would really like to present to you the idea that this land should be retained by the City because if it turns into a marina and a road and a parking lot, one of these parking lots is located very, very close to the boundary of the wetland that the State is calling Hogs' Hole. I think it would impact very negatively on the birds that are there. But more than that, that whole area has potential for being restored to one large wetland, much like it used to be 150 years ago. I was talking with some people at DEC today, Mazzella's parent organization. There is money available for municipalities to restore wetlands and it might even be possible to look into the feasibility of cooperating with the State to try to get some money from the State to develop the wetland there which would be much more ecologically advantageous than a picnic ground. In the interest of brevity, I would like to hand out a statement to Council members." RESPONSE TO THE PUBLIC: MacCormick Center Issue Alderperson Lytel stated that he would like to add the resolution to the agenda under New Business that was presented by Joseph Maratea, regarding the MacCormick Center. The resolution was not added to the agenda due to Alderperson Booth's objection. 69 7 August 1, 1989 REPORT OF CITY BOARDS, COMMITTEES AND COMMISSIONS Board of Public Works Commissioner Reeves reported on the following: Traffic Island -- Mitchell and State Streets - On July 26, the Board of Public Works passed a resolution to place a traffic island at the corner of State and Mitchell Streets on a trial basis. Further discussion on this matter will be held at the (00" Committee of the Whole meeting on August 9th to discuss with the Transit Supervisor concerns of unscheduled transit stops in that area. Comm. Reeves stated that one of her concerns is notifiying the residents in the area of the pending change. She asked if the Alderpersons from that area have specific ideas about how to go about notification of the residents in the area, the Board would appreciate their feedback on this. She further remarked that there is a drawing available in the Traffic Engineer's Office showing different proposals. The Board of 00, Public Works favored Plan B -1. Future Use of City Owned Property - Comm. Reeves stated that �lrS in regard to agenda item 16.3, the Board of Public Works and the Department of Public Works are in the process of reviewing the `j operations for a report. Until this review process is complete, the old Sewage Treatment Plant site has not been declared surplus and will not be turned over for general City use until a long - range plan is developed. Privatization Policy for the Wastewater Treatment Plant and Water Filtration Plant Facilities - Comm. Reeves said that in regard to item 14.3 on the agenda, she would like to propose friendly amendments and she handed out copies of the proposed amendments to Council members. She said that the Board of Public (600,01 Works never sought to bypass anyone's protections, breach any promises or good faith or to resolve any problems by looking at privatization. The Board, had it been allowed to look at privatization, wanted to see what opportunities might be available to either the City or to its employees at those facilities. She stated that the negative approach was not the Boards. She urged a positive vote on the amendments that she presented. Aucxust Schedule for the Board of Public Works Meetinas - Comm. Reeves stated that the August schedule for the Board of Public Works has been changed. The meeting on August 2 has been cancelled. The Committee of the Whole will meet on August 9 and August 23, and the Board's regular meetings will be held on August 16 and August 30. Tompkins County Local Emergency Planning Committee Fire Chief Olmstead addressed the Council as the City's representative to the Tompkins County Local Emergency Committee. He handed out information on the committee and explained what the emergency planning effort is. COMMUNICATIONS FROM THE MAYOR: Letter from Board of Representatives (400011 Mayor Gutenberger read the following from James A. Mason, Chairperson, Representatives, dated August 1, 1989, letter that was sent to him Tompkins County Board of into the record: "It is my understanding that a resolution concerning the siting of the Tompkins County Solid Waste Management Center has been placed on the agenda for the August 1 Common Council meeting. I had discussed this matter with the Chair of that Committee last week and it was my understanding that the Committee was not going to bring this resolution forward until they had an opportunity to review the draft Environmental Impact Statement and other data that is to be available within the next two weeks. 70 L-11 Much of the information about presented to the community by the is misleading and erroneous. misunderstanding about what the what it will look like, and what will be. August 1, 1989 the proposed facility being Elmira Road business community There is a very serious facility is, how it operates, its impacts on the environment Since the County had previously agreed to make a presentation to the Planning and Development Committee and other interested Council members on August 23, I would respectfully request that action on the resolution be deferred until your next Common Council meeting. This will provide an opportunity for Council members and the community to hear the facts, review the dEIS, and reach a more informed decision. Thank you for your consideration in this matter." Smoking Regulations Mayor Gutenberger referred to the most recent bulletin that he has received from the New York State Conference of Mayors and said that there is a warning in there which says that only municipalities that have smoking regulations which are more stringent than this legislation shall avoid being pre - empted. He asked Alderperson Booth if his committee has gone through the document to make sure that our local ordinance is more stringent or at least equal to the State's and if not, we should probably do so. Alderperson Booth said that he is reviewing the document now. Our ordinance is stronger in some places and not as strong in others. CITY ATTORNEY'S REPORT: Jason Fane Lawsuit Assistant City Attorney Beers - Schnock reported that the City has received a decision on 705 East Buffalo Street, dated July 31, 1989. Judge Sherman denied the motion to dismiss and the trial is set for August 17, 1989. Fall Creek Designation Alderperson Nichols asked if there could be a report to Council from the City Attorney as to what the City's legal situation is in regard to the Fall Creek designation and the 401C approval. Asst. Atty. Beers - Schnock stated that it is her understanding that the matter has been under consideration by the City Attorney and she will check with him. Mayor Gutenberger said that the requests for answers in writing have been sent out to the Federal and State governments by the City Attorney. To his knowledge, no answers have yet been received. Recess Common Council recessed at 8:40 p.m. and reconvened in regular session at 8:55 p.m. Fall Creek Designation Mayor Gutenberger read the following letter into the record from the Department of Environmental Conservation, date stamped July 14, 1989, which was handed to him during the recess by Assistant City Attorney Beers - Schnock: "Dear Mr. Nash: This is to respond to your letter of April 21, 1989 requesting information on the effect designation of Fall Creek into the New York State Wild, Scenic, and Recreational Rivers System Act, (the Act) with regard to new hydro developments. 71 OJ Designation would preclude State certification for a hydro project Should the department deny a 401, covered by Uniform Procedures Act option for appeal of a denial. August 1, 1989 approval of any new 401 at the Ithaca Falls site. there is an appeal mechanism and an Article 78 is another In response to your numbered questions: 1. Diversion in [6NYCRR Part 666.18(a) (2) (2)] means any physical removal of the river water from the natural stream bed. To draw water from above the dam, run it through a turbine and then release it back into the river would constitute a diversion unless the turbine was located in an existing dam. 2. The reference in 666.4 to past impoundment and or diversion does not preclude designation of river (I segments that are impounded at the time of designation or once were impounded, [(6 NYCRR Sec.666.18(a) (2) (4) ] . 3. Rivers are only designated by legislative amendments of the Act, [ECL 15- 2715]. 4. The Department has an established policy of denying 401 Certificates to hydro projects that would violate the letter and or the purposes and policies of the Act. I refer you to 6 NYCRR, Sec. 608.7 as well. I trust this clarification will allow the City to move forward with confidence. Sincerely, Thomas C. Jorling" Mayor Gutenberger stated that the City Attorney would be going through the communication to determine its meaning. PLANNING AND DEVELOPMENT COMMITTEE: * 16.2 Central Processing Facilitv at Commercial Avenue By Alderperson Cummings: Seconded by Alderperson Lytel WHEREAS, the County's proposed Central Processing Facility at Commercial Avenue would be immediately adjacent to one of Ithaca's major new retail areas, which also include dining establishments, lodgings, and recreational facilities, and WHEREAS, the Central Processing Facility would also impact two neighboring parks, Buttermilk State Park on Route 13 and the proposed City /Town Park along the Cayuga Inlet, and WHEREAS, the City of Ithaca currently has proposed a capital project to plan and design the abutting undeveloped Southwest area as a mixed use residential and commercial neighborhood, providing much needed affordable housing and job opportunities, (4w, and WHEREAS, this location is also a highly visible entry to the city, and WHEREAS, it will not be possible to mitigate all of the negative effects of this facility, including overwhelming size and appearance and possible noise and odor, and WHEREAS, there is not enough space available to adequately separate it from these densely populated retail, residential, and recreational areas, and WHEREAS, there are far more appropriate, compatible, job and tax generating uses competing for this site, and 7? 10 August 1, 1989 WHEREAS, the location of the Central Processing Facility at the Commercial Avenue site would not be consistent with the City's Master Plan and would be a violation of the City's Zoning Ordinance; now, therefore, be it RESOLVED, That the Common Council of the City of Ithaca strongly requests that the Tompkins County Board of Representatives discontinue consideration of Commercial Avenue as a site for the County Central Processing Facility. Alderperson Cummings urged the Council to vote on the resolution this evening. She referred to the request made by the Tompkins County Board of Representatives to defer action pending additional information to be made available in the dEIS. However, the dEIS is only one of the several factors that the City ought to be considering. She said that we are a community, an urban area, of extremely limited available space. Processing, and compressing of garbage within an urban area is not an appropriate land use, particularly in a community where we don't have the space to adequately buffer and protect surrounding residential and retail facilities. Alderperson Cummings further stated that there is some vacant land available next to this proposed site. However, this is a precious piece of land. It is a resource that we have all looked at and talked about as the site for future affordable housing and for job opportunities for our citizens. She said that these people on the flats have in the past, for many years, dealt with landfill sites next to their homes and their businesses. She reminded Council what the community looked like when landfill was there and she said that this area has indeed done its fair share in accommodating and hosting solid waste materials. Alderperson Cummings said that it is critical that the City send a message to the County that the City believes it is not the best possible location for such a facility. Alderperson Booth stated that he would like to know the meaning of the eighth 'Whereas' clause. He said that he has always understood that this is going to be located in an industrial zone. Discussion followed on the Zoning Ordinance and what uses might be permitted in different zones. Planning Director Van Cort answered questions from Council. Alderperson Schlather suggested that the words 'and it would be a violation of the City's Zoning Ordinance' be stricken from the last 'Whereas' of the resolution. Alderperson Cummings accepted that as a friendly amendment. Amending Resolution By Alderperson Schlather: Seconded by Alderperson Cummings RESOLVED, That there be a second RESOLVED to read as follows: "That the Common Council requests the Board of Representatives to immediately conduct full environmental review, and legal review as necessary, in connection with the so- called Mancini and Airport sites as alternatives to the Commercial Avenue site." Discussion followed as to whether the amendment should be tied into the original resolution or a resolution by itself. Alderperson Schlather stated that the reason he wants to tie 'it into the original resolution is because of the time schedule. He said that it is very clear that notwithstanding the best intentions of the County Board of Representatives, and they have certainly acted in good faith throughout this process, there just will not be enough time to begin serious consideration of alternative sites. The County is on a time track that requires that we have something in place by August 1990 and there is not . It Irn 11 August 1, 1989 enough time for the City to do the full environmental review that is necessary at other sites. The County may, in fact, end up at the Commercial Avenue site not because it is ecologically sound, but simply because time wise it is chronologically expedient. Alderperson Schlather further stated that because the reasons for not locating at that site are so obvious and so significant from (WO." the City's standpoint, we have to take the somewhat unprecedented step of asking the County to abandon this process before we dig the hole any deeper. It seems to him that the die will be cast and we will be stuck with a baling station at this site for lack of a better alternative; we will be stuck with it by default. an alternative resolution to read as follows: "RESOLVED, That (two.' the Intergovernmental Relations Committee and Planning staff give every possible assistance to County officials in the study of alternate sites for the Central Processing Facility." Alderperson Schlather said that his concern with Alderperson Nichols' amendment is he does not think it goes far enough. The County has already done a very exhausted preliminary study as to certain sites. The next step to be taken is to begin the environmental review. Mayor Gutenberger again asked Alderperson Schlather to separate his amendment from the original resolution. Alderperson Schlather asked to hear from other members of Council on the amendment. Alderperson Killeen remarked that he thinks the idea of a baling station at Commercial Avenue is a bad idea. In view of the discussions, the great concerns and his belief that the Commercial Avenue is not good he is increasingly convinced that there is not a site in the City that has been looked at thus far that is acceptable. The whole concept of loading up the County seat with the County's trash is inconceivable to him. He agrees with Alderperson Schlather's amendment. He would specify two sites, but perhaps add the phrasing 'but not be limited to the following sites'. Alderperson Schlather offered the following language for his amendment: "RESOLVED, That the Common Council requests the Board of Representatives to immediately conduct full environmental review, and legal review as necessary, of alternative sites including but not limited the so- called Mancini site and the Airport site." Alderperson Booth stated that thinks for the Common Council County to look at sites that politically not supportable. Further discussion followed on in regard to the amendment he to send a message that urges the are not in the City of Ithaca is the amendment. 73 Discussion continued on the amendment. Alderperson Hoffman said that the City might want to give the -`� County a little more latitude and suggest that at least two alternative sites should be explored economically and environmentally, but he does not feel comfortable suggesting only 13 i these two sites when there may be a third site they find more attractive. Alderperson Nichols stated that he agrees with Alderperson Schlather in regard to the need for speed in this action and the fact that it is vitally important in terms of time that alternate sites be explored immediately. However, if this amendment were adopted he would have questions about voting for the motion. He thinks we should put this amendment aside and argue about the location in another format but include something positive about alternate sites without naming them. He suggested an alternative resolution to read as follows: "RESOLVED, That (two.' the Intergovernmental Relations Committee and Planning staff give every possible assistance to County officials in the study of alternate sites for the Central Processing Facility." Alderperson Schlather said that his concern with Alderperson Nichols' amendment is he does not think it goes far enough. The County has already done a very exhausted preliminary study as to certain sites. The next step to be taken is to begin the environmental review. Mayor Gutenberger again asked Alderperson Schlather to separate his amendment from the original resolution. Alderperson Schlather asked to hear from other members of Council on the amendment. Alderperson Killeen remarked that he thinks the idea of a baling station at Commercial Avenue is a bad idea. In view of the discussions, the great concerns and his belief that the Commercial Avenue is not good he is increasingly convinced that there is not a site in the City that has been looked at thus far that is acceptable. The whole concept of loading up the County seat with the County's trash is inconceivable to him. He agrees with Alderperson Schlather's amendment. He would specify two sites, but perhaps add the phrasing 'but not be limited to the following sites'. Alderperson Schlather offered the following language for his amendment: "RESOLVED, That the Common Council requests the Board of Representatives to immediately conduct full environmental review, and legal review as necessary, of alternative sites including but not limited the so- called Mancini site and the Airport site." Alderperson Booth stated that thinks for the Common Council County to look at sites that politically not supportable. Further discussion followed on in regard to the amendment he to send a message that urges the are not in the City of Ithaca is the amendment. 73 4 12 August 1, 1989 A vote on the amendment resulted as follows: Ayes (8) - Cummings, Nichols, Lytel, Johnson, Schlather, Romanowski, Killeen, Hoffman Nay (1) - Booth Carried (8 -1) Discussion followed on the Resolution as Amended. Y' Alderperson Hoffman suggested friendly amendments to the Resolution and they were accepted by Alderpersons Cummings and Lytel, as makers of the motion. Alderperson Romanowski stated that he has consistently opposed having the Central Processing Facility in this particular area, in fact, anywhere along Route 13 in the City, would not be acceptable to him. Alderperson Johnson stated that he does not think that it is procrastination to get all the information that is available about this; rather it is acting responsibly to get as much information as possible. He personally does not want a Central Processing Facility on Commercial Avenue. He would like to see a resolution to implore the County to do a dEIS on the alternative sites so that they won't be left with just this one. Alderperson Booth stated that while he is not delighted with the Commercial Avenue site he believes that at this stage it is feasible and he is willing to wait for the environmental,,,review. He said the County has been open with the City and A,AAf acted in good faith. The Council should remember that the County has the power to locate this facility where they want to locate it, since it is a governmental facility. The City generates a lot of garbage and he believes it is irresponsible for the City to say we don't want this kind of facility in the City of Ithaca. Alderperson Hoffman remarked that he believes Alderperson Booth's comments are well taken. He believes we should respect the environmental review process and hear what this process has to say. He does not like being asked to vote on this before all the information is in. Alderperson Lytel stated that on the question of whether or not the City is willing to do their part to wrestle with the problem, he thinks that clearly we are. What we have seen in this process is a real escalation in the space demand for this facility to a point where it does not fit this space. Nor does it fit the parcels that remain within the City of Ithaca. What is at issue here is that this is a proposed use that simply is not compatible with urban density. Main Motion As Amended The Main Motion as Amended is as follows: WHEREAS, the County's proposed Central Processing Facility at Commercial Avenue would be immediately adjacent to one of Ithaca's major new retail areas, which also include dining establishments, lodgings, and recreational facilities, and WHEREAS, the Central Processing Facility may also impact two neighboring parks, Buttermilk State Park on Route 13 and the proposed City /Town Park along the Cayuga Inlet, and WHEREAS, there is currently under consideration a proposed capital project to plan and design the abutting undeveloped Southwest area as a mixed use residential and commercial neighborhood, providing much needed affordable housing and job opportunities, and 13 August 1, 1989 WHEREAS, this location is also a highly visible entry to the city, and WHEREAS, it will not be possible to mitigate all of the negative effects of this facility, and WHEREAS, there is not enough space available to adequately separate it from these already developed retail, residential, and recreational areas, and WHEREAS, there are far more appropriate, compatible, job and tax generating uses competing for this site, and WHEREAS, the location of the Central Processing Facility at the Commercial Avenue site would not be consistent with the City's Master Plan; Now, therefore, be it Cki RESOLVED, That the Common Council of the City of Ithaca strongly requests that the Tompkins County Board of Representatives discontinue consideration of Commercial Avenue as a site for the County Central Processing Facility, and be it further as E!j RESOLVED, That the Common Council requests the Board of L Representatives to immediately conduct full environmental review and legal review as necessary of alternative sites, including but not limited to the so- called Mancini site and the Airport site. Alderperson Hoffman asked Mayor Gutenberger if he would support abstentions for lack of information. Mayor Gutenberger responded, no. Unless someone has a personal stake in the financial outcome of this particular resolution, the Mayor would (Woe not accept an abstention. A vote on the Main Motion as Amended resulted as follows: Ayes (6) - Schlather, Nichols, Killeen, Cummings, Lytel, Romanowski Nays (3) - Hoffman, Booth, Johnson Carried (6 -3) Mayor's Veto Message Mayor Gutenberger stated that he has only vetoed, in 5 1/2 years, two resolutions passed by Common Council and those were both on process. First, he is disappointed in the sense that this Common Council has passed numerous rules demanding of the public, that for various actions the public wants to take, they must come forward with projects, and plans well thought out and go through an environmental review process which this City of Ithaca, we as the lawmakers, have set up. We expect the public to go through this whether it is Site Plan Review, Environmental Review or SEQR. We demand the public go through a process before a decision is made to grant a building permit or before a decision is made to reject a building permit or the various types of permits that are required by us, the government. Mayor Gutenberger said that he is very disappointed that with (400", this action on a 6 - 3 vote, this Common Council has pre - judged and ignored the environmental review process. We are in effect saying that we know the answers before the environmental review process is completed. He thinks the Council must be fair to the public when they come forward. We cannot pre -judge any project. We have to abide by the rules that government has established. Mayor Gutenberger further stated he is also disappointed that, as was mentioned earlier, to vote against this was lip service to SEQR. He thinks that voting this in is lip service to the environmental review. You are pre - judging or making judgments and ignoring the environmental review process. You should make judgments based upon information - if you believe in the system. If you believe in the environmental review process, which you 7 f; 14 August 1, 1989 have put in place, then you have to stand ready to decide on the results of that environmental review process, or it is a sham. It was said last night, to not support the rejection of this site, could be harmful to a person's political future. He said he is going to say right now, that the failure to hold ourselves accountable to the laws that we enact is more harmful to the public than any single individual's political future. We have to have faith in our laws, and the public has to have faith in us to make decisions based upon the information and facts. We have not done that tonight. This resolution is hereby vetoed. Alderperson Cummings stated there is an amendment in the form of a 'Resolved' requesting that the County consider additional sites simultaneously. She stated she would like to again put that forward. Mayor Gutenberger stated that the Chair will entertain the re- introduction of that resolution. Resolution By Alderperson Cummings: Seconded by Alderperson Johnson RESOLVED, That the Common Council requests the Board of Representatives to immediately conduct full environmental review, and legal review as necessary, of alternative sites including but not but limited to the so- called Mancini site and the Airport site. Alderperson Cummings pointed out before the Council tonight was issues beyond the subject of specific site. She said the environmental review or just 01 address the much broader issue of in the City. that the resolution which was a resolution which addressed environmental review on that real concern has been that ze site does not allow us to whether such a facility belongs A vote on the resolution resulted as follows: Carried (9 -0) * 16.1a Hydropower - Investigation of Underground Hydro Plant at Ithaca Falls By Alderperson Cummings: Seconded by Alderperson Lytel WHEREAS, the environmental impact of an underground hydropower plant at Ithaca Falls may be significantly less than for an above ground facility; and WHEREAS, Common Council must have additional information and financial estimates in order to determine the desirability and feasibility of proceeding with an underground design; now, therefore, be it RESOLVED, that Common Council directs Planning Department staff to investigate the underground hydro plant concept and to elicit engineering proposals for preliminary designs, for consideration by Common Council at its October 1989 meeting. Discussion followed on the feasibility of an underground hydro plant. Requests for Proposals are being sent out by Planner Helen Jones. Alderperson Killeen asked the location of other underground hydro plants. Alderperson Hoffman replied that Watervliet, New York and Troy, New York both have underground facilities. 77 15 August 1, 1989 A vote on the resolution resulted as follows: Ayes (8) - Nichols, Hoffman, Johnson, Romanowski, Lytel, Cummings, Killeen, Schlather Nay (1) - Booth Carried (8 -1) * 16.1b Hydropower - Van Natta Dam - Request for Supplemental Extension By Alderperson Cummings: Seconded by Alderperson Killeen WHEREAS, negotiations with private developers are currently underway for construction and operation of the Van Natta Dam hydropower project, and WHEREAS, it is possible that as result of said negotiations the Exemption issued by the Federal Energy Regulatory Commission on the project will be transferred to the preferred developer, and WHEREAS, negotiations and finalization of a development agreement are not likely to be completed early enough to permit project construction to be begun prior to the March 1990 deadline; now, �? therefore, be it RESOLVED, That Common Council does hereby direct staff to request a supplemental extension of the deadline for beginning construction on the project. Carried (9 -0) * 16.3 Future Use of City Owned Property By Alderperson Cummings: Seconded by Alderperson Johnson WHEREAS, the City of Ithaca has received several requests for the (Ww", use, sale or lease of property owned by the City of Ithaca, and WHEREAS, one of the properties in question includes the former site of the sewage treatment plant and other adjacent property that is currently being used by the City of Ithaca, and WHEREAS, in order to effectively respond to these requests it will be necessary to resolve such issues as whether the City of Ithaca should continue to use these parcels, what alternate plans must be made to move the current City functions, what other uses are appropriate for these parcels, by what process should they be made available to other users and what compensation the City would expect to receive in return for making them available; now, therefore, be it RESOLVED, That the Mayor is hereby authorized and directed to appoint an ad hoc committee to discuss and make recommendations to the Common Council concerning the future use of the former sewage treatment plant site, the adjacent City -owned lands, and other City parcels that the City may wish to consider selling. These recommendations should address, but not be limited to, the issues raised above, and be it further RESOLVED, That the ad hoc committee shall be composed of members (4010" from each of the following municipal bodies: Common Council (2 members) ( Alderperson Killeen volunteered to serve on committee) Board of Public Works (2 members) Planning and Development Board (1 member) and be it further RESOLVED, That staff services be provided by the Director of Planning and Development, the acting Superintendent of Public Works, and the City Engineer, and be it further 78 16 RESOLVED, That the recommendation of regarding the above issues shall committee as soon as possible. August 1, 1989 the Board of Public Works be given to the ad hoc Carried (9 -0) HUMAN SERVICES COMMITTEE: * 15.5 Clinton Hall Accessibility By Alderperson Lytel: Seconded by Alderperson Killeen WHEREAS, for over two years the Human Services Committee has attempted to resolve handicapped access problems in the Clinton Hall building, and WHEREAS, the Human Services Committee has learned that access for the handicapped is still incomplete, including the locking of the back entrance door through which a handicapped person must enter, and WHEREAS, the failure to provide acceptable and adequate accessibility to Clinton Hall for the handicapped has precluded the issuance of a Certificate of Occupancy for Clinton Hall; now, therefore, be it RESOLVED, That Common Council directs the Building Commissioner and City Attorney to take appropriate legal action to address the violation of occupancy of a building without a proper certificate, which is due to not meeting requirements for handicapped accessibility. Alderperson Lytel referred to a letter from Building Commissioner Datz to Joseph Ciaschi, owner of the building, dated July 27, 1989 directing that the work be done by August 11, 1989. If the order is not followed by that date, the matter will be turned over to the City Attorney for prosecution in City Court. Amending Resolution By Alderperson Nichols: Seconded by Alderperson Killeen RESOLVED, That there be a further RESOLVED to read as follows: That it shall be City policy to make every effort to establish procedures so that a building plan that provides only rear access for physically handicapped persons not be accepted as meeting the requirements for access ". Discussion followed on the amendment. Building Commissioner Datz responded to questions from Council members. A vote on the amending resolution resulted as follows: Carried (9 -0) Main Motion as Amended A vote on the Main Motion as Amended resulted as follows: Carried (9 -0) BUDGET AND ADMINISTRATION COMMITTEE: * 14.2 City /Community Recreation Center, Inc. /Ithaca Youth Hockey Association Second Ice Rink Agreement By Alderperson Schlather: Seconded by Alderperson Killeen RESOLVED, That the Mayor be authorized to execute the agreement between the City and Community Recreation Center, Inc. and Ithaca Youth Hockey Association, Inc., for the construction and operation of an ice rink, related improvements, equipment acquisition and the relocation of tennis courts adjacent to the existing Cass Park Ice Skating Rink. Discussion followed on the agreement. Alderperson Booth stated that he feels the contract is substantially different than what was presented to Council in the beginning. He is also concerned that as site review goes forward this may well result in a negative answer. He is concerned about any food concessions being removed from the City Youth Bureau and fd �7 17 August 1, 1989 he also believes the Youth Bureau Board should be asked to comment on this agreement. Because of these and other concerns he does not feel ready to vote on the resolution tonight. Alderperson Nichols commented that he shares the concerns of Alderperson Booth. He is also concerned because there does not seem to be any commitment beyond the initial $550,000 by the Community Recreational Center. Alderperson Schlather explained that the project, as it is now, is different than when it was originally presented. The bottom line is the cost of the project has gone up substantially and the CRC has raised as much as they can raise. Discussion followed on using a surcharge on the hourly rate for ice time to retire the debt. 0i Alderperson Killeen stated that he is reluctant to use City money to build a second ice rink when we already have an ice rink and GO to there are so many compelling forces for City money. Alderperson Lytel commented that he believes taking advantage of (t.t private fund raising for establishing a permanent facility that will be available to all and will be financed out of a user sur- charge is the sort of thing the City should be encouraging. Alderperson Hoffman said he does not believe it will pay for itself in the way others think it will. He does not like the idea of imposing an increased hourly sur- charge for users of the old rink. (60'e Youth Bureau Director Cohen responded to questions from Council. Further discussion followed. Motion to Table By Alderperson Schlather: Seconded by Alderperson Romanowski RESOLVED, That the City /Community Recreation Center, Inc. /Ithaca Youth Hockey Association Second Ice Rink Agreement be tabled. Ayes (8) - Killeen, Lytel, Nichols, Cummings, Booth, Schlather, Romanowski, Johnson Nay (1) - Hoffman Carried (8 -1) Alderperson Nichols asked that the Youth Bureau Advisory Board give Council a written opinion on this proposal. * 14.1 City Court Facility Plan By Alderperson Schlather: Seconded by Alderperson Romanowski WHEREAS, the Ithaca City Court is currently housed on the fourth floor of the Hall of Justice building, located at 120 East Clinton Street in Ithaca, and WHEREAS, pursuant to Chapter 825 of the Laws of 1987, Representatives of the State Office of Court Administration have (W00.1 identified various deficiencies in the existing City Court Facilities, and WHEREAS, Chapter 825 requires that the City adopt a Court Facility Plan, which addresses various capital improvement options intended to alleviate said deficiencies, no later than August 7, 1989; now, therefore, be it RESOLVED, That the following Court Facility Plan be, and is hereby adopted for submission to the Chief Administrative Judge of the Office of Court Administration, by the aforementioned date. 80 ku August 1, 1989 SECTION VI: ITHACA CITY COURT COURT FACILITY PLAN A. Facilities. Ithaca City Court is currently housed in the Hall of Justice, located at 120 East Clinton Street in Ithaca. This building was constructed in 1936, and was originally built as the headquarters for a private business. The City Court occupies all of the fourth floor of the building, with the exception of one office designated for use by the City Prosecutor. The remainder of the building houses the various offices of the Ithaca City Police Department. B. Existing and Projected Facility Needs: 1. A review of the current court space in light of the facility guidelines reveals the following .existinc{ deficiencies: _ - The Hearing Room is too small ( +179 sq. ft.) , and has heating and cooling system deficiencies. On many mornings the maximum fire capacity of the courtroom is exceeded. The court lacks any attorney /client conference rooms. At least two are needed ( +200 sq. ft.). - The current prisoner holding room is too small ( +23 sq. ft.), and lacks heating, cooling and ventilation. The Judge's Chambers, while 23 sq. ft. less in area than the guidelines would suggest, would otherwise be acceptable were it not for the continual heating and cooling problems. - The Judges and staff lack private rest room facilities ( +250 sq. ft.). - The support staff offices currently lack sufficient public counter and general work area ( +222 sq.ft.). - The Chief Clerk Office is overcrowded, and additional space is required ( +67 sq. ft.). The Court has a serious record storage problem. Because of this, the Jury Room which, other than ventilation problems, would be large enough to be adequate, is the home to numerous file cabinets and storage boxes. Before each jury trial it is necessary to clear adequate access passageways so that jurors may be seated at the table ( +200 sq.ft.). 2. Projected court needs include the following: The long -term need for a secure attorney /client conference room adjacent to the holding facility ( +50 sq. ft.). A public waiting area is needed for the court. Utilization of hallway space for waiting is inappropriate. ( +180 sq.ft.). W_ I Wn 81 19 August 1, 1989 An addition 190 sq. ft. to house the projected additional two staff persons during the planning period. An additional 100 sq. ft. for long -term copy /supply and storage needs. C. Facility Plans: As noted above, the City Court shares the Hall of Justice with the Ithaca Police Department. As with the Court, the Department suffers from a serious lack of needed space. This fact has effectively precluded the City's ability to obtain additional space for the court in the Hall of Justice. The decision has been made, therefore, that any short- and long- term relief for the court must come through either new construction or renovation of another existing facility. The City has limited the options to be considered as noted below: 1. Facility Options The following facility options are to be considered: a. Construction of an addition to the Hall of Justice which will house the City Court facilities. b. Construction of a new City Court facility on the site of a current City -owned parking lot on the corner of West Clinton and Cayuga Streets directly west of the Hall of Justice. As now proposed, this project would be carried out in conjunction with and as a part of the construction of a new multi -level parking ramp. C. Private developer options and proposals will also be considered. For example, private developers have already approached the City with regard to building new or renovating existing space in the City for Court use. Consideration of these three options will take into account the following objectives: - A new or renovated facility will be constructed consistent with the facility guidelines standards. A new or renovated facility will meet all current and projected space needs and will include such additional space as necessary to meet the prospective needs of the court on a long -term basis. A new or renovated facility should be located as closely as practicable to the City Police Department (Hall of Justice). As the distance from the Department increases, so will the costs of transporting and guarding prisoners, of providing security to the court and the logistical difficulties associated with court appearances. 2. Facility Requirements: A new or renovated court building will include, at a minimum, the following facilities: Staff offices for Chief Clerk and a minimum of seven persons (865 s.f.) Adequate space for court records and supplies (410 s.f.) 8 `) 20 August 1, 1989 - A Public Counter to insure proper security to the court and efficient service to the public (100 s.f.) - Chambers for the two Part -time Judges (200 s.f.) Separate secure access rest rooms for court personnel (per code) Main Courtroom (1200 s.f.) - Jury Deliberation Room (200 s.f.) - Two Attorney /Client Conference Rooms (100 s.f. each; 200 s.f. total) One Prisoner Holding Room (120 s.f.) - One Secure Attorney /Client Conference Room adjacent to the Holding Room (50 s.f.) A Public Waiting Room adjacent to the Courtroom ( 180 s.f.) Public Rest Rooms (per code) Handicapped Accessibility throughout Security Station (160 s.f.) City Prosecutor's Office (200 s.f.) 3. Mitigating Measures During the project development period, the following steps will be taken to relieve existing court facility problems to the greatest extent possible: The existing heating, cooling and ventilation deficiencies, which consist mainly of regulation problems, will be addressed and remedied by January 1990. Fire code restrictions regarding the maximum number of persons allowed in the courtroom will be enforced by the court security staff. The court will take advantage of the new court records retention policies (expected to be finalized by Fall, 1989) to eliminate as many old court records as possible. In addition, the City will identify possible alternative remote storage areas for possible court use by December, 1989. D. Project Schedule. The City commits itself to meet the needs identified in the court facility plan in the time period noted below: Budget for Capital Project Planning Approval of Capital Project Planning Capital Project Planning Budget and Site Selection Budget for Capital Project Design and Construction Approval of Capital Project Selection of Project Architect August 1989 December 1989 July 1990 July 1990 December 1990 February 1991 J I V_� I V_t 83 21 August 1, 1989 Develop Project Design and Specifications September 1991 Review Documents November 1991 Open Bids - Award Contracts January 1992 Begin Construction March 1992 Complete Construction November 1992 E. Financing: Because the final project option has not yet been determined, actual cost figures are not yet available. Recognizing our commitment to complete the court facility project within the time frame noted above, the City seeks approval to obtain all appropriate and eligible interest reimbursement for any capital construction bonding issued for this project. In addition the City will pursue the potential !A.° financing and leasing options presented in Chapter 825 of the Laws of 1987 through the New York State Dormitory Authority. Carried (9 -0) 14.3 Privatization Policy for the Wastewater Treatment Plant and Water Filtration Plant Facilities By Alderperson Schlather: Seconded by Alderperson Killeen 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 RESOLVED, That it is hereby established as the policy of the City of Ithaca that its Wastewater and Water Treatment Plants will not be turned over in their entirety to private operation, and be it further RESOLVED, That the foregoing does not preclude the Board of Public Works from investigating management alternatives for the operation of discreet and specialized aspects of the Wastewater Treatment Plant and Water Filtration Plant operation consistent with the foregoing policy and contractual obligations. Discussion followed on the floor on the substitute resolution that was presented by Board of Public Works Commissioner Reeves. Alderperson Schlather stated that he did not support the substitute resolution. A vote on the original resolution resulted as follows: Carried (9 -0) * 14.4 State and Federal Section 18 Mass Transit Oneratina Assistance Agreement By Alderperson Schlather: Seconded by Alderperson Cummings WHEREAS, the City of Ithaca has submitted a request for a grant of funds to the New York State Department of Transportation and the United States Department of Transportation, pursuant to Section 18 of the Urban Mass Transportation Act of 1964, as amended, for a project to provide operating assistance funds for transportation services within the City of Ithaca and partly in two adjoining municipalities, provided by the City of Ithaca 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 or opportunities 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, if at all possible; now, therefore, be it RESOLVED, That it is hereby established as the policy of the City of Ithaca that its Wastewater and Water Treatment Plants will not be turned over in their entirety to private operation, and be it further RESOLVED, That the foregoing does not preclude the Board of Public Works from investigating management alternatives for the operation of discreet and specialized aspects of the Wastewater Treatment Plant and Water Filtration Plant operation consistent with the foregoing policy and contractual obligations. Discussion followed on the floor on the substitute resolution that was presented by Board of Public Works Commissioner Reeves. Alderperson Schlather stated that he did not support the substitute resolution. A vote on the original resolution resulted as follows: Carried (9 -0) * 14.4 State and Federal Section 18 Mass Transit Oneratina Assistance Agreement By Alderperson Schlather: Seconded by Alderperson Cummings WHEREAS, the City of Ithaca has submitted a request for a grant of funds to the New York State Department of Transportation and the United States Department of Transportation, pursuant to Section 18 of the Urban Mass Transportation Act of 1964, as amended, for a project to provide operating assistance funds for transportation services within the City of Ithaca and partly in two adjoining municipalities, provided by the City of Ithaca a 22 August 1, 1989 Transit System for fixed route, scheduled, open and available to the general public during the period January 1, 1989 to December 31, 1989 (PIN3798.21.406); now, therefore, be it RESOLVED, That Mayor John C. Gutenberger be authorized to sign the agreement(s) between the City of Ithaca and the State of New York for the above named project, and be it further RESOLVED, That Mayor John C. Gutenberger is authorized to act on behalf of the City of Ithaca to proceed and complete this above named project. Carried (9 -0) * 14.5 Architectural Review for Possible Day Care Facility_ in Markles Flats Building By Alderperson Schlather: Seconded by Alderperson Johnson RESOLVED, That an amount not to exceed $3,500 be authorized from Capital Reserve #25 for design of Capital Improvements, for preparation of a preliminary architectural review of available space at the Markles Flats building for Day Care purposes, contingent upon action to be taken by the Ithaca City School District at their August 15, 1989 meeting, and be it further RESOLVED, That the Planning Department conduct the selection process to determine the best qualified architect to perform the aforementioned review. Carried (9 -0) * 14.6 Police Department Request to Appoint the Parking Enforcement Officer By Alderperson Schlather: Seconded by Alderperson Cummings RESOLVED, That Gary Bordoni be appointed to the position of Parking Enforcement Officer at an annual salary of $13,619., which is Grade 7, Step 3 on the CSEA Administrative Unit Compensation Plan, effective August 7, 1989. Carried (9 -0) * 14.7 Personnel Department Request to Appoint the Personnel Associate By Alderperson Schlather: Seconded by Alderperson Cummings RESOLVED, That Christa Carsello be appointed to the position of Personnel Associate at an annual salary of $25,000., effective August 14, 1989. Carried (9 -0) * 14.8 Personnel Department - Contract for Negotiation Services By Alderperson Schlather: Seconded by Alderperson Romanowski RESOLVED, That the City of Ithaca enter into an agreement with James Dennis, to provide professional services in the field of labor negotiations in connection with the negotiation of 1990 collective bargaining agreements (Ithaca Paid Fire Fighters Association Local 737, and CSEA Administrative Unit Local 855), at a cost not to exceed $3,500 and $3,000 respectively. Carried (9 -0) * 14.9 Personnel Department Transfer of Funds By Alderperson Schlather: Seconded by Alderperson Romanowski RESOLVED, That the authorized equipment list for the Personnel Department be amended by adding three filing cabinets, and be it further RESOLVED, That $482 be transferred from line A1430 -425, Office Expense, to A1430 -210, Other Equipment, in order to effect such purchase. Carried (9 -0) r• 23 August 1, 1989 * 14.10 Personnel Department - Dental Program for Executive Unit By Alderperson Schlather: Seconded by Alderperson Killeen RESOLVED, That the members of the City Executive Association and management employees, be allowed to participate in the City Dental Insurance Plan, with the cost of the insurance premium paid by the employee. Carried (9 -0) * 14.11 Audit By Alderperson Schlather: Seconded by Alderperson Hoffman RESOLVED, That bills presented, as listed on Audit Abstract #14/1989, in the total amount of $19,347.88, be approved for payment. Carried (9 -0) * 14.12 Acting Superintendent Appointment By Alderperson Schlather: Seconded by Alderperson Killeen �i WHEREAS, Larry Fabbroni has been appointed to the position of Acting Superintendent of Public Works, effective June 17, 1989; now, therefore, be it a) RESOLVED, That Larry Fabbroni's annual salary be hereby increased to $50,808 retroactive to July 17 1989 until such time as a new Superintendent of Public Works assumes his /her duties. Carried (9 -0) *14.13 Amend Equipment List - Finance Department By Alderperson Schlather: Seconded by Alderperson Romanowski RESOLVED, That the Authorized Equipment List of the Finance Department be amended to replace one chair for $250.00, and be it further (6wo" RESOLVED, That $250.00 be transferred from A1315 -476, Equipment Maintenance to A1315 -225, Other Equipment, to permit said replacement. Carried (9 -0) Alderperson Schlather announced that the Pay Equity Committee has been established and three Common Council members will serve on this committee. They are as follows: Daniel Hoffman representing Budget and Administration Committee; Carolyn Peterson representing the Human Services Committee; Ben Nichols representing the Charter and Ordinance Committee. HUMAN SERVICES COMMITTEE: * 15.1 GIAC /City Contract By Alderperson Lytel: Seconded by Alderperson Nichols THIS AGREEMENT is made the 1st day of August, 1989 between the CITY OF ITHACA and its YOUTH BUREAU and the GREATER ITHACA ACTIVITIES CENTER, hereinafter referred to as "GIAC." WHEREAS, GIAC, a not - for - profit corporation was formed for the purpose of providing a wide variety of educational and recreational and human service programs for the greater Ithaca (400e community, and WHEREAS, the Youth Bureau is the agency of the City of Ithaca formed for the purpose of operating and maintaining recreational and youth service programs for the community, and WHEREAS, the City of Ithaca purchased the former Central School building at 318 North Albany Street, Ithaca, hereinafter referred to as "GIAC building ", for the purpose of continuing to house recreation, youth service, and other community programs, and WHEREAS, the Board of Directors of GIAC and the City of Ithaca and its Youth Bureau share the common objectives of jointly providing these services to the community; 8 (► 24 August 1, 1989 NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, the parties agree as follows: 1. The City of Ithaca and its Youth Bureau: a. to be the employer of record of GIAC employees, abiding by Civil Service rules, the Union contract, issuing pay checks, and maintaining full City benefits; b. to operate and maintain the GIAC building; C. to continue representation on the Board of Directors of GIAC as called for in the Constitution of that organization; d. to accept an assignment of all fees or rental income due GIAC, by reason of any contracts or agreements, or rents concerning the use of the GIAC building. All such sums shall be applied against the sums GIAC agrees to pay the City of Ithaca under Paragraph 2c of this Agreement. The Department of Public Works shall review all contracts for rental income from use of GIAC building; e. to be responsible for handling all operating income and payment of bills, including salaries of employees, in connection with the operation of the GIAC building through normal procedures of the City of Ithaca; f. to meet major facility maintenance and renovation needs of the GIAC building; g. to continue the GIAC building's use as a multi - purpose and multi - cultural center. 2. The GIAC Board: a. to establish policy for the operation of GIAC programs, and to work with the Center Coordinators and Youth Bureau Director in the implementation of the programs. b. to contribute toward annual operations all sums received from the United Way and the New York State Division for Youth, and any other major revenue sources; c. to assign and transfer to the City of Ithaca, all of its rights, title, and interest in and to any and all fees or rental income now due or to become due GIAC by reason of any contracts or agreements which make reference to or concern the use of the facility; d. to continue to solicit funds from the United Way Board and other sources; e. to have a representative of the GIAC Board on the Youth Bureau Board of Advisors; f. to set the fees and dues structure for GIAC activities; g. to set policies for the use of the GIAC building, assignment of space, and rental contracts which shall not be inconsistent with any city policies; h. to prepare and submit annually to the City through City processes, a proposed budget including recommendations for staffing levels. 19, 25 August 1, 1989 3. The City of Ithaca and its Youth Bureau and the GIAC jointly: a. to select, hire and discipline the Coordinator consistent with 1A. b. to operate, administer, and maintain recreation, youth service, multi - cultural, and other community programs in the GIAC building. C. to plan major capital improvement projects involving the GIAC building and grounds, taking into account program continuity. d. to share full use and enjoyment of all equipment owned and controlled by both parties necessary to the operation of the programs. In the event of the termination of this agreement, all equipment purchased by GIAC with non -City funds will remain with GIAC. ti (All other equipment will remain with the City.) ('`' e. to carry out the program as approved in the budget for L�_� the budget year. Any changes desired to be made by $$ffa either party must be approved by both parties. 4. Nothing in the agreement between the Greater Ithaca Activities Center and the City of Ithaca shall be construed to limit the Youth Bureau's mandated obligation to review all expenditures of the Greater Ithaca Activities Center relating to City of Ithaca Funds. 5. This agreement shall be effective until August 1, 1990 and shall automatically be renewed annually thereafter unless (Wool, either party notifies the other in writing of an intention to terminate three months prior to December 31 of that year. 6. The parties hereto agree to comply with all laws, governmental regulations and rules applicable to the use of the premises as described. Mayor Gutenberger stated that City Attorney Nash had a number of concerns that were stated in a memo and he asked if those concerns had been addressed. Alderperson Lytel responded that at the last Human Services Committee meeting, the memo was reviewed by GIAC and the committee. Some minor changes and some clarifications were made. Discussion followed regarding the agreement. Alderperson Hoffman asked that this be tabled until questions concerning this agreement are answered. Alderperson Schlather agreed to review it in the Budget and Administration Committee with further review by the City Attorney. Motion to Refer to Committee By Alderperson Lytel: Seconded by Alderperson Johnson RESOLVED, That the matter of the GIAC /City Contract be referred to the Budget and Administration Committee for review and report back to Common Council at its September meeting. Carried (9 -0) * 15.2 Markles Flats Building for Day Care By Alderperson Lytel: Seconded by Alderperson Johnson WHEREAS, it is advisable to explore all options for day care expansion in the GIAC vicinity, and WHEREAS, additional investigation appears to indicate that day care expansion in GIAC may compromise GIAC programs, and 26 August 1, 1989 WHEREAS, the school district has been approached about the use of the Markles Flats building for day care and initial reaction is generally favorable; now, therefore, be it RESOLVED, That Common Council requests that the School Board formally consider allowing the use of the first floor of the Markles Flats building for day care pending negotiations between the City and School District and day care provider (Drop -in Center) regarding operation and provision of such a facility. Discussion followed on the floor. Alderperson Lytel proposed the following amendment: Amending Resolution By Alderperson Lytel: Seconded by Alderperson Killeen RESOLVED, That a 'be it further Resolved' be added to read as follows: "RESOLVED, That a committee is hereby established to conduct the negotiations which will include a representative of the Human Services Committee, the Director of Planning & Development, one representative each from the Drop -in Center and the Greater Ithaca Activities Center, a representative of the Department of Public Works and the City Controller or Deputy City Controller." Discussion followed on the amendment. Alderperson Cummings stated that at the request of Alderperson Peterson she was proposing the following amending resolution: Amending Resolution By Alderperson Cummings: Seconded by Alderperson Lytel RESOLVED, That the Resolved be changed to read as follows: "RESOLVED, That Common Council requests the School Board formally consider allowing the after hours use of Central School for suitable GIAC programs any'. /or the use of the first floor of the Markles Flats building for day care or other appropriate GIAC uses." Planning and Development Director Van Cort commented that he thinks this is a very good idea. If the City is going to start looking at Markles it may not be the best thing to put the day care in Markles; it may be better to put some other GIAC programs there. He has had an indication that it may be difficult to insure Markles, for a variety of reasons, for day care. He suggested that if we do take this course of action we ask the architect to study the program we are trying to accommodate and see where the program best fits. It is not adequate to just ask if you can put day care in Markles - the answer could be yes - but it might be much more expensive than leaving the day care in GIAC and moving another program like BOCES or a GIAC based program into Markles. you may also want to think about the financial implications for people who have businesses based in Markles. Alderperson Booth remarked that although he is aware of what Alderperson Peterson was trying to do, he is concerned about splitting up any GIAC programs at this stage. Discussion followed on the amendment. A vote on Alderperson Lytel's Amendment resulted as followed: Ayes (4) - Cummings, Lytel, Booth, Johnson Nays (5) - Schlather, Romanowski, Killeen, Nichols, Hoffman Motion Fails (4 -5) ry � 27 August 1, 1989 Main Motion A vote on the Main Motion resulted as follows: Ayes (8) - Schlather, Nichols, Hoffman, Johnson, Lytel, Booth, Killeen, Romanowski Nay (1) - Cummings Carried (9 -1) (4wooll The Amending Resolution proposed by Alderperson Cummings for Alderperson Peterson was withdrawn and not voted on. Motion to Extend Meeting By Alderperson Romanowski: Seconded by Alderperson Cummings RESOLVED, That this Common Council meeting be extended until 12:00 midnight. Carried (9 -0) O01 * 15.3 State Assembly Bill on Job Stabilization By Alderperson Lytel: Seconded by Alderperson Cummings (l) WHEREAS, Bill No. 6731 has been introduced in the New York State 1.", .A Assembly to amend the labor law to "prevent or minimize the .1 harmful economic and social effects on communities... when business concerns undertake to terminate or reduce substantially or relocate business operations. ", and WHEREAS, such an amendment enhances the City's Plant Closing Legislation in that a state -wide law protects all communities equably and prevents businesses from relocating into areas within the state without such legislation; now, therefore, be it RESOLVED, That Common Council notify State Assemblyman Luster, State Senator Seward, and Governor Cuomo of its support for such legislation. we Carried (9 -0) * 15.4 Funding Guideline for Human Services Requests By Alderperson Lytel: Seconded by Alderperson Cummings WHEREAS, the Human Services Committee has been apprised of a more than 50% increase in human services funding requests, and WHEREAS, the Human Services Coalition Review Committee has pared down the requests, and WHEREAS, a more precise guideline from Common Council will enable the Human Services Committee to evaluate these requests; now, therefore, be it RESOLVED, That the City of Ithaca human services funding level be a minimum of $100,248.00 (15% increase over 1989). Alderperson Lytel explained the reasons for this resolution. Discussion followed on the floor regarding the allocation. Alderperson Schlather remarked that he could not support this resolution as it is bad precedent for Council to target the budget ahead of time with respect to any entity and also we have no revenue sharing and we have increased capital expenditures. A vote on the resolution resulted as follows: Ayes (6) - Lytel, Cummings, Booth, Nichols, Johnson, Killeen Nays (3) - Romanowski, Hoffman, Schlather Carried (6 -3) 9 0 W., August 1, 1989 * 15.6 Ad Hoc Youth Services Study Committee Recommendations By Alderperson Romanowski.: Seconded by Alderperson Killeen WHEREAS, an Ad Hoc Youth Services Study Committee was created to propose a solution for an equitable and effective system for provision of youth services in the County and City, and WHEREAS, a number of configurations were proposed, examined, and refined to a single, workable proposal; now, therefore, be it RESOLVED, That the Common Council the Ad Hoc Youth Services Study informs the County of same. endorses the recommendations of Committee as listed below and RECOMMENDATION 1. Defer consideration of recreation programs for now, and refer this to the County Youth Board for a recommendation in 1990. 2. The County should take responsibility for providing and funding youth development programs, to meet needs that are to be addressed by the County Youth Bureau. 3. Both Youth Bureaus should continue to operate with their present governance and administrative structures. 4. The County Youth Bureau should add a programming capability which will be achieved for the present through contracts for which they have determined a priority need in the County in accordance with the comprehensive plan. This is to be a continuation of and improvement on the municipal youth services central program aid begun in this year. Programs provided by the County Youth Bureau with central dollars will not necessarily require a match by the contractor, and will be available to all youth within the County, regardless of the municipality of residence. 5. Because the City has been providing services to non -city residents and has an investment in staff and facilities as well as demonstrated experience, the County Youth Bureau will examine the suitability of City youth development programs for meeting County priorities. Any programs to be contracted for could be modified, expanded or eliminated upon recommendation of the County Youth Bureau. The City and County will work together on the development of contracts between them for programs. The City will have no obligation to develop a county -wide capability where it does not wish to, and the County will not be constrained from contracting with other service providers. 6. The City of Ithaca will have an opportunity to affect the process both through contract negotiations and through its representation on the County Youth Bureau and Board of Representatives. It should fill its seats on the County Youth Board one of which by a member of the City Youth Bureau Board, become an integral part of the County process, and participate fully in the development of the comprehensive plan. The City and County Youth Bureaus should provide non - voting staff and member liaisons to each other's board meetings. 7. The City Youth Bureau will retain its ability to contract for the provision of services to individual municipalities or other entities. 8. Multi -year contracts may be developed by the County Youth Board. 9. The municipal grant program (MYSP local) funded in the County's 1989 budget, should continue. 29 August 1, 1989 10. The County Youth Bureau will establish standards of effectiveness and accountability, propose a method for monitoring and evaluating these programs, and will make a recommendation for needed staff. Amending Resolution By Alderperson Schlather: Seconded by Alderperson Johnson RESOLVED, That the City Controller be and he is hereby directed (two., to notify all interested municipalities in the County as to their anticipated contractual obligation in 1990, using the same formula as for 1989, for recreation programs and those Youth Development and Recreational Mainstreaming programs which are not funded by the County, which notification shall be made in writing no later than September 1, 1989. Discussion followed on the amendment. Alderperson Booth stated that he wished the record to be very clear that the County has only talked about youth services and recreational mainstreaming. He did not want them to be confused that we are now including - recreation with this. That has never been a part of the discussion. A vote on the amending resolution resulted as follows: Carried (9 -0) Main Motion as Amended A vote on the Main Motion as Amended resulted as follows: Carried (9 -0) Weekend Meal Program - Report Alderperson Lytel reported that the weekend meal program is serving 120 people a weekend. A copy of the report has been mailed to the Alderpersons. PLANNING AND DEVELOPMENT COMMITTEE: Subdivision Reciulations Amendments - Cash in Lieu of Park Land Reservation - Report Alderperson Cummings reported that the matter of subdivision regulations amendments have been reviewed by the Planning and Development Committee and they are sending it back to Charter and Ordinance to bring to Council. Downtown Zonina - Buildina Height; Foot of State Street - Report Alderperson Cummings reported that there will be a recommendation from the Planning Department to the Planning and Development Committee next month. They hope to bring some changes to Council to deal with building heights, transitions in the business area and possible mixed use potential at the foot of State Street. Rental Housing Task Force Recommendations - Report Alderperson Cummings reported that the committee hopes to have a resolution for Common Council next month to establish the permanent Rental Housing Task Force to consider the recommendations of the Rental Housing Commission and Task Force. Plannina & Development Department 1990 Work Program - Report Alderperson Cummings reported that the committee is taking another look at the 1989 Work Program and doing some juggling of staffing since Glen Goldwyn has left to take another job. A report to Council will be forthcoming. Postal Service Employment - Report Coert Bonthius spoke to Council regarding the Postal Service workers being emphasize that transferred 44 postal from jobs Ithaca to Elmira. He wished to is essentially the same as the Ithaca Gun closing in terms of money and wages. He urged Council we to continue to press the issue to keep the jobs in Ithaca. Weekend Meal Program - Report Alderperson Lytel reported that the weekend meal program is serving 120 people a weekend. A copy of the report has been mailed to the Alderpersons. PLANNING AND DEVELOPMENT COMMITTEE: Subdivision Reciulations Amendments - Cash in Lieu of Park Land Reservation - Report Alderperson Cummings reported that the matter of subdivision regulations amendments have been reviewed by the Planning and Development Committee and they are sending it back to Charter and Ordinance to bring to Council. Downtown Zonina - Buildina Height; Foot of State Street - Report Alderperson Cummings reported that there will be a recommendation from the Planning Department to the Planning and Development Committee next month. They hope to bring some changes to Council to deal with building heights, transitions in the business area and possible mixed use potential at the foot of State Street. Rental Housing Task Force Recommendations - Report Alderperson Cummings reported that the committee hopes to have a resolution for Common Council next month to establish the permanent Rental Housing Task Force to consider the recommendations of the Rental Housing Commission and Task Force. Plannina & Development Department 1990 Work Program - Report Alderperson Cummings reported that the committee is taking another look at the 1989 Work Program and doing some juggling of staffing since Glen Goldwyn has left to take another job. A report to Council will be forthcoming. 30 August 1, 1989 CHARTER AND ORDINANCE COMMITTEE: Alderperson Booth withdrew reports on Items 17.5, 17.7, 17.8, 17.9, due to the lateness of the hour. * 17.1 An Ordinance Amending Chapter 55 Entitled 'Fire Regulations' of the City of Ithaca Municipal Code By Alderperson Booth: Seconded by Alderperson Schlather FIRE PREVENTION CODE AMENDMENTS The following material provides commentary on the proposed amendments to Chapter 55 of the City of Ithaca Municipal Code. Each item is cross - referenced to the resolution by the letter designated for each amendment. A. Section 55.18 The purpose of fire limits is to establish zones in a community where Type 5 construction, also known as wood frame construction, is not permitted. Fire limits are most often established in the downtown and industrial areas, as is the case in the City of Ithaca. The purpose of this change is to recognize that the 'B -2b', 'B -2c' and 'B -3' areas (the downtown, or "Commons" area, and the "Collegetown" areas) have some of the greatest densities of any in the City. The recent fire at 105 North Aurora Street emphasizes the consequences of wood frame construction in a congested downtown area. The rear wood frame stair enclosure at 105 North Aurora burned with such intensity and speed, that the rear of 306 -8 East State Street was igniting as firefighters arrived on the scene. Adding these two areas to the Fire Limits 'A' designation applies the somewhat stricter requirements for Fire Limits 'A' to the downtown business district and the Collegetown zones. B. Section 55.14.E.16 This amendment legalizes our close regulation of the use of propane in areas where large numbers of people gather, such as on the Commons during the Ithaca Festival or at the Farmer's Market. This close regulation is necessary to insure that the numerous propane users at these events have safe installations. C. Section 55.14E.24 Asphalt kettles represent a significant hazard and some contractors are not intimately familiar with their use or the degree of hazard that comes with them. Requiring permits in this way will insure that proper safeguards will be employed prior to commencement of the work. D. Section 55.14.F The need for permit fees can be related to justification for the building permit fees received by the Building Department. By recognizing the inherent costs in providing the services necessary to adequately safeguard the community from the threat of fire, a fee schedule for permits can be justified as a way of recovering these costs. The fee schedule concept also applies the concept of requiring the user of the service to help support the provision of that service. E Section 55.17 This amendment is necessary consistent with the requirements as referenced above. There i to make the provision for appeal of Part 440 - Boards of Review, s no local authority to waive, W-n 93 31 August 1, 1989 modify or otherwise excuse application of any portion of the New York State Uniform Fire Prevention Code, such authority being reserved for the State Regional Boards of Review. However, for any local ordinance, to which the Uniform Code is silent, a local appeals process may still be valid. (Wwe F. Section 55.22 Lock boxes permit the Fire Department to store building keys in a secure vault on the premises, rather than carrying them aboard command vehicles. The Fire Department is then required only to carry a master key to access the lock boxes. The master key is carried in a vehicle in a locked cylinder that only releases the key upon receipt of the proper coded transmission from dispatch. The officer must call and request dispatch to transmit the release tone when access to the lock box master key is required. In this way, security is established and maintained. The reason building keys are necessary for use by the Fire Department has increased dramatically in recent years. Numerous g =A1 alarms often mean simultaneous, and even triple alarms occurring at the same time. The ability of the Fire Department to wait, sometimes 30 to 45 minutes, for a property owner to show up to allow them into the building has been eliminated. A rapid, safe and nondestructive method of entering buildings from which a fire alarm has been received is a necessity. The lock box provides this. G. Section 55.23 (400" Current fire prevention statutes do not adequately address this particular situation. Over the years, various types of fires and other hazardous Fituations have occurred where occupants of a building have utilized fire escapes, roofs, porches and other locations for their barbecue grills, hibachis and similar appliances. The location alone presents an immediate problem as frequently these devices are placed in the means of egress. Other elements of the problem are related to unattended use, use of too much igniter fuel, faulty appliances, use by inebriated persons and similar situations. H. Section 55.30 Self - explanatory. I. Section 55.25 The sheer volume of fire alarm and detection system being installed now has generated fire alarm volumes that would have been unpredictable just a few years ago. Although existing codes and standards provide for design and installation standards, not all elements of necessary design are provided for. Hence the material proposed above. This will allow the Fire Department to exert more specific supervision over system design, installation and operation, in a manner that should provide greater control over deficient systems and premises. J. Section 55.26 This is a brief indicator of the need for a legislative initiative to address the probability of potentially staggering costs that may be incurred in responding to a hazardous materials incident. wo K. Section 55.27 August 1, 1989 The presence of guard dogs in a building brings several concerns to emergency personnel who may be required to force entry into a building to render aid of some sort. This proposed section is designed to provide advance notice of the presence of these animals so that appropriate plans may be made to deal with the problem ahead of time. WHEREAS, the City of Ithaca wishes to protect the health and safety of its residents, its employees, and other persons, and WHEREAS, Chapter 55 of the City of Ithaca Municipal Code entitled 'Fire Regulations', regulates actions and activities affecting the provision and maintenance of fire safety, and WHEREAS, the existing provisions of Chapter 55 should be amended in order to more fully provide for fire protection; now, therefore, be it RESOLVED, That this Common Council does hereby amend said Chapter 55 as follows: ORDINANCE NO. 89 - Section 1. Amendments to Chapter 55 A. Section 55.18 Fire Limits is hereby amended to read as follows: SECTION 55.18 FIRE LIMITS Fire limits of the City of Ithaca are hereby defined as follows: A. Fire limits 'A': Those areas of the City which are zoned Industrial 'I -1' and Business 'B -2b', 'B -2c' and 'B -3' in the City of Ithaca Zoning Ordinance (Chapter 30 of the Municipal Code). B. Fire limits 'B': Those areas of the City which are zoned Business, 'B -4' or 'B -51, in the City of Ithaca Zoning Ordinance (Chapter 30 of the Municipal Code). B. Paragraph 16 of Subdivision E of Section 55.14 Permits Required is hereby amended to read as follows: SECTION 55.14 PERMITS REQUIRED E. The following permits are required: 16. Liquified Petroleum Gases. Permits and Reports of Installations. a. (1) A permit shall be obtained for each installation of liquefied petroleum gas employing a container or an aggregate of interconnected containers of over 2,000 gallons water capacity. (2) A permit shall be obtained for each temporary or permanent installation of liquefied petroleum gas, irrespective of size of containers, made at buildings or gatherings at which people congregate for civic, political, educational, religious, social or recreational purposes. Such buildings shall include, but not be limited to, schools, churches, health care occupancies, hotels, and restaurants, each having a capacity of 20 or more persons. This section shall not 33 August 1, 1989 apply to one o% two family dwellings utilizing appliances supplied with a single cylinder not exceeding 20 pounds capacity. b. ... through the end of paragraph 16 remains unchanged. C. Subdivision E of Section 55.14 Permits Required is hereby (Wel amended by adding the following new paragraph 24 entitled "Asphalt Kettles ", as follows: 24. Asphalt Kettles. D. Section 55.14 Permits Required is hereby amended by adding a new subdivision F entitled "Permit Fees ", as follows: F. Permit Fees 1. The Fire Chief shall promulgate a permit fee schedule applicable to the permits required herein. Fees established in the fee schedule shall reasonably reflect the cost of receiving, investigating, processing and issuing each of said permits. 2. Such schedule, and any changes proposed thereto, shall be submitted to Common Council for adoption prior to collection of such fees. 3. The fee schedule shall be posted at the Fire Chief's office and distributed to any interested parties. E. Section 55.17 entitled "Appeals from decisions of Chief of Fire Department" is hereby amended as follows: SECTION 55.17 Appeals from decisions of Chief of Fire (400-e Department A. For those elements of Chapter 55 of the City of Ithaca Code, or of Chapter 'C' of the New York State Fire Prevention and Building Code that are addressed by the New York State Uniform Fire Prevention and Building Code, the manner of appeal shall be as specified in Title 19 NYCRR, "Part 440 - Uniform Code: Boards of Review" of the Department of State "Rules and Regulations for Administration and Enforcement of the New York State Uniform Fire Prevention and Building Code ", dated 1/1/85. a. A permit shall be required for asphalt kettles. Such permit shall be obtained prior to issuance of any building permit for the construction or reconstruction of any roof; 4, and, prior to operation of the kettle on the site. b. A permit shall be obtained for each kettle to be used even if more than one will be used at one site. �1 C. Regulations governing operation and use of asphalt kettles shall be as specified in Part 1192 of the New York State Uniform Fire Prevention and Building Code entitled "Flame Producing Devices ", dated 1/1/84. D. Section 55.14 Permits Required is hereby amended by adding a new subdivision F entitled "Permit Fees ", as follows: F. Permit Fees 1. The Fire Chief shall promulgate a permit fee schedule applicable to the permits required herein. Fees established in the fee schedule shall reasonably reflect the cost of receiving, investigating, processing and issuing each of said permits. 2. Such schedule, and any changes proposed thereto, shall be submitted to Common Council for adoption prior to collection of such fees. 3. The fee schedule shall be posted at the Fire Chief's office and distributed to any interested parties. E. Section 55.17 entitled "Appeals from decisions of Chief of Fire Department" is hereby amended as follows: SECTION 55.17 Appeals from decisions of Chief of Fire (400-e Department A. For those elements of Chapter 55 of the City of Ithaca Code, or of Chapter 'C' of the New York State Fire Prevention and Building Code that are addressed by the New York State Uniform Fire Prevention and Building Code, the manner of appeal shall be as specified in Title 19 NYCRR, "Part 440 - Uniform Code: Boards of Review" of the Department of State "Rules and Regulations for Administration and Enforcement of the New York State Uniform Fire Prevention and Building Code ", dated 1/1/85. 34 August 1, 1989 B. 1. This subdivision shall apply only to those elements of Chapter 55 of the City of Ithaca Municipal Code that are not addressed or otherwise covered by the New York State Uniform Fire Prevention and Building Code. 2. Whenever the Chief of the Fire Department shall refuse to grant a permit applied for, or when it is claimed that the provisions of the code do not apply or that the true intent and meaning of the code may have been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the Chief of the Fire Department to the Fire Appeals Board within thirty (30) days from the date of the decision. The Fire Appeals .Board may affirm, modify or reverse any determination of the Chief of the Fire Department made pursuant to the provisions of this Chapter and /or the Fire Prevention Code. F. Chapter 55 is hereby amended to add a new section 55.22 Lock Boxes to read as follows: SECTION 55.22 LOCK BOXES A. A lock box, for storing building keys, shall be obtained and affixed on certain premises as described herein. Such lockbox shall be as prescribed by the Fire Department and shall be obtained in the manner established by the Fire Department. B. Lock boxes shall be required for all new and existing buildings, other than one or two family dwellings, that have fire alarm and /or fire detection systems that are, or will be, inter- connected with the Fire Department. Alarm system interconnects include, but are not limited to, municipal fire alarm, radio, telephone leased line, telephone dialer or central station systems. C. Lock boxes shall be affixed to structures in the manner detailed by the manufacturer and in the location established by the Fire Department. G. Chapter 55 is hereby amended to add a new Section 55.23 entitled "Use of Cooking and /or Heating Appliances ", to read as follows: SECTION 55.23 USE OF COOKING AND /OR HEATING APPLIANCES The use of solid, liquid or gaseous fueled cooking or heating appliances in, or on, buildings or structures is hereby regulated as follows: The use of such appliances is prohibited on porches, roofs, exterior stairs, fire escapes, balconies and similar building structures or appurtenances, where such use will result in exposure of the building or structure to fire, will impede means of egress or where such use will result in unstable or otherwise hazardous operation of such appliances. H. Chapter 55 is hereby amended by amending Section 55.25 "Penalties for Violation of Noncompliance with Article ", as follows: 35 August 1, 1989 SECTION 55.30 PENALTIES... The text of this Section remains unchanged. I. Chapter 55 is hereby amended by adding a new section 55.25 entitled "Fire Alarm and Detection Systems ", to read as follows: SECTION 55.25 FIRE ALARM AND DETECTION SYSTEMS A. Installation Requirements 1. Fire alarm and detection systems shall be installed as per the requirements of the New York State Uniform Fire Prevention and Building Code, dated 1/1/84, and referenced standards therefrom. Y ° =cj 2. Fire alarm and detection systems shall be installed by or under the direct supervision of licensed electricians, licensed by the City of Ithaca, or by those demonstrating equivalent u,5 license reciprocity as provided for in the Municipal Code. 3. The city electrical inspector shall, upon application by the installing electrician or the owner of the premises, make the rough -in inspection of such system as has been installed to insure compliance with the provisions of the National Electrical Code (NFPA 70), the 1987 edition, as it applies to said system. 4. The Fire Department shall, upon application by the installing electrician or the owner of the premises, make the rough -in inspection of such system as has been installed to insure compliance with the provisions of the New York State Uniform Fire Prevention and Building Code, dated 1/1/84, and referenced standards therefrom. 5. Following complete testing of the system by the installer, the installer shall cause a certification of system installation and operation to be executed prior to the Fire Department making observations of acceptance testing. This certification shall be made on forms provided by the Fire Department. 6. The Fire Department shall observe acceptance testing per the provisions of the Uniform Fire Prevention and Building Code, dated 1/1/84, and referenced standards. B. System Design 1. All fire alarm and /or detection systems shall be provided with adequate zone reporting capacity to insure rapid and efficient location of the source of the alarm by the Fire Department. During plan review, the Fire Department shall specify zone reporting assignments for the proposed system. 2. Fire alarm and /or detection system control panels shall be capable of isolating each zone from the panel so that defective or impaired devices or systems causing alarms may be isolated and repaired without requiring the remainder of the system to be shut down. 36 August 1, 1989 3. Required Fire Department interconnects shall be provided either by connection to the municipal alarm system or by installation of a radio transmitter alarm system, approved by the Fire Department. All other fire department interconnects must be approved by the Fire Department prior to installation. C. System Operation 1. Should a fire alarm /detection system cause numerous false alarms in such a way that the safety of the occupants, firefighters, or any other persons or property is imperiled, the Fire Chief is hereby empowered to order disconnection of such alarm system until such time as the problem is resolved. During such time when any required system is disconnected, alternate protection shall be provided, as specified by the Fire Chief, or the building shall be vacated. 2. The owner /operator of any premises with a required fire alarm /detection system must notify the Fire Department whenever the system must be made inoperative for maintenance or repair. The Fire Department must be re- notified when the system is restored. In no event is a required system permitted to be rendered inoperative without alternative means of protection, acceptable to the Fire Department, being provided. J. Chapter 55 in hereby amended by adding a new section 55.26 entitled "Hazardous Materials" to read as follows: SECTION 55.26 HAZARDOUS MATERIALS All costs incurred by the City of Ithaca, as a result of operations of its respective departments in mitigating and /or recovering from a hazardous material spill, discharge, release or other eventuality requiring response and action by the City shall be recoverable by the City of Ithaca. Such costs shall be recoverable from the owner, agent, shipper or other party having responsibility for the material(s) causing the hazardous situation. For the purposes of this section, hazardous materials" shall have the meaning provided for in Part 1174 of the New York State Uniform Fire Prevention and Building Code, dated 1/1/84. K. Chapter 55 is hereby amended by adding a new section 55.27 entitled "Guard Dogs ", to read as follows: SECTION 55.27 GUARD DOGS The owner and /or manager of any non - residential premises using an unattended guard dog to provide security shall register with both the Police and Fire Departments. Such registration shall include the number and breed of dog(s) in use, the days and times such dog(s) is unattended on the premises and the name(s) of the owner(s) and /or handler(s) and methods of contacting them. Additionally, the registration shall include a floor plan of the premises with dog patrol areas designated. The owner /manager of such premises shall file a release that shall indemnify the City of Ithaca from liability for harm or damage to the dogs) or the premises caused by any act or omission on the part of the Police or Fire Department as a result of the presence of guard dogs on the premises. 0 37 August 1, 1989 The owner /manager of such premises shall notify the Police and Fire Departments at such time as a guard dog(s) is no longer employed at, and is removed from, those premises. Section 2. Effective Date. These amendments to Chapter 55 of the City of Ithaca Municipal Code shall take effect immediately upon the publication of a notice as provided in Section 3.11(B) of the Ithaca City Charter. Carried (9 -0) * 17.2 An Ordinance Amendinq Section 30.3(B) Entitled 'Height of Buildina' of Chapter 30 Entitled 'Zoning' of the City of Ithaca 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. Carried (9 -0) AN ORDINANCE AMENDING SECTION 30.3(B) ENTITLED 'HEIGHT OF BUILDING' 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. That Section 30.3(b) entitled 'Height of Building' is amended as follows: 1147. Height of Building 'Height of a building' shall mean the vertical distance measured from average finished grade level to the highest level of a flat or mansard roof, or to the average height of a pitched, gabled, hip or gambrel roof, excluding bulkheads, housing for mechanical equipment, towers, and similar constructions not intended for human occupancy, or necessary equipment carried above roof level. Where a building contains sections of a roof of varying heights, the height of a building shall be measured using that section of the roof that has the highest elevation from the average finished grade level. The average finished grade level shall be determined from a datum established by the average elevation of the finished grade adjoining the exterior walls of the building." Municipal Code - Call for Public Hearing By Alderperson Booth: Seconded by Alderperson Nichols RESOLVED, That Ordinance No. 89 - entitled "An Ordinance ( y Amending Section 30.3(B) of Chapter 30 Entitled 'Zoning' of the City of Ithaca Municipal Code" be and it hereby is introduced before the Common Council of the City of Ithaca, New York, and be it further RESOLVED, That the Common Council shall hold a public hearing in the matter of the adoption of the aforesaid ordinance to be held at the Common Council Chambers, City Hall, 108 East Green Street, Ithaca, New York on Wednesday, September 6, 1989 at 7:00 p.m., and be it further RESOLVED, That the City Clerk give notice of such public hearing by the publication of a notice in the official newspaper, specifying the time when and the place where such public hearing will be held, and in general terms describing the proposed ordinance. Such notice shall be published once at least fifteen days prior to the public hearing, and ha 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. Carried (9 -0) AN ORDINANCE AMENDING SECTION 30.3(B) ENTITLED 'HEIGHT OF BUILDING' 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. That Section 30.3(b) entitled 'Height of Building' is amended as follows: 1147. Height of Building 'Height of a building' shall mean the vertical distance measured from average finished grade level to the highest level of a flat or mansard roof, or to the average height of a pitched, gabled, hip or gambrel roof, excluding bulkheads, housing for mechanical equipment, towers, and similar constructions not intended for human occupancy, or necessary equipment carried above roof level. Where a building contains sections of a roof of varying heights, the height of a building shall be measured using that section of the roof that has the highest elevation from the average finished grade level. The average finished grade level shall be determined from a datum established by the average elevation of the finished grade adjoining the exterior walls of the building." 1_U0 38 August 1, 1989 SECTION 2. EFFECTIVE DATE. This ordinance shall take effect immediately and in accordance with law upon publication of a notice as provided in Section 3.11 (B) of the Ithaca City Charter. * 17 3 An Ordinance Amending Section 30.33(C) Entitled 'Height and Open Space' of Chapter 30 Entitled 'Zoning' of the City of Ithaca Municipal Code - Call for Public Hearing By Alderperson Booth: Seconded by Alderperson Schlather RESOLVED, That Ordinance No. 89 - entitled "An Ordinance Amending Section 30.33(C) of Chapter 30 Entitled 'Zoning' of the City of Ithaca Municipal Code" be and it hereby is introduced before the Common Council of the City of Ithaca, New York, and be it further RESOLVED, That the Common Council shall hold a public hearing in the matter of the adoption of the aforesaid ordinance to be held at the Common Council Chambers, City Hall, 108 East Green Street, Ithaca, New York on Wednesday, September 6, 1989 at 7:00 p.m., and be it further RESOLVED, That the City Clerk give notice of such public hearing by the publication of a notice in the official newspaper, specifying the time when and the place where such public hearing will be held, and in general terms describing the proposed ordinance. Such notice shall be published once at least fifteen days prior to the public hearing, and be it further RESOLVED, That the City Clerk shall transmit forthwith to the Board of Planning and Development and the Tompkins County Planning Board a true and exact copy of the proposed ordinance for its report thereon. Carried (9 -0) AN ORDINANCE AMENDING SECTION 30.33(C) ENTITLED 'HEIGHT AND OPEN SPACE' 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. That Section 30.33(C) entitled 'Height and Open Space' is amended as follows: 1130.33(C). Height and Open Space. In any district, any main building may be erected to a height in excess of that specified for the district, provided: 1) each required front, side and rear yard is increased one foot on the ground for each one foot of such additional height; 2) in all Districts, the number of stories permitted may not be exceeded; and 3) in each district the number of additional feet may not exceed 10% of the maximum building height allowed in that district." SECTION 2. EFFECTIVE DATE. This ordinance shall take effect immediately and in accordance with law upon publication of a notice as provided in Section 3.11(B) of the Ithaca City Charter. * 17.4 Resolution to Combine Public Hearings for Amendments to Section 30.3(B) and 30.33(C) of the Zoning Ordinance By Alderperson Booth: Seconded by Alderperson Cummings RESOLVED, That Common Council hereby directs the City Clerk to schedule one public hearing at its regular September meeting to consider proposed amendments to Sections 30.3(B) and 30.33(C) of the Zoning Ordinance. Carried (9 -0) 0 10 39 August 1, 1989 R -2c Zoning - Report Alderperson Booth reported the Charter and Ordinance Committee has looked at the R -2c Zoning. There appear to be two problems that are going to take longer to work on. The Building Commissioner is concerned about being readily and easily able to provide information to people who ask what can be built on their property. The other problem is what will happen if a room which is not a bedroom becomes a bedroom and thereby makes that building a non - conforming building for all other purposes. (460e Because these things need to be worked on the committee will be meeting with Thys Van Cort and Paul Mazzarella again. recognize the right of the individual, married or single, to be free of unwanted governmental intrusion into matters so private as the decision whether to bear a child. We believe that women, regardless of age or economic, social, or ethnic status, have the right to seek and obtain medically safe, legal abortions under dignified conditions and at a reasonable cost. Moreover, we urge elected officials at all levels of government to support the inalienable and constitutional right of all individuals to decide when, whether, and with whom to have a family. Now, therefore, be it (4wo" RESOLVED, That the statement proposed by the Coalition for Reproductive Choice be referred to the Human Services Committee for study, public input, and possible resolution for Council action. Alderperson Nichols stated that he believes it is up to elected officials to take a stand, even though decisions will be made at the State and Federal levels. He is asking for pubic input on this issue to make sure that when Council makes its recommendations to the State and Federal officials that it comes after wide public debate. He will be asking the Human Services Committee to hold a Public Hearing on this issue. REPORT OF SPECIAL COMMITTEES AND COUNCIL LIAISONS: Local Air Quality Report for Referral to Proper Committee By Alderperson Lytel: Seconded by Alderperson Killeen RESOLVED, That the Local Air Quality report be referred to the Planning and Development Committee for review and report back to Council. ,... Carried (9-0) NEW BUSINESS• for Reproductive Choice _Coalition By Alderperson Nichols: Seconded by Alderperson Schlather WHEREAS, the Coalition for Reproductive Choice represents the views of many residents of the City of Ithaca, and WHEREAS, the Coalition has asked Common Council to urge State and Federal protection of the rights of women to control their own bodies, and WHEREAS, the Coalition has proposed the following statement for adoption by Council: In light of the recent Supreme Court plurality opinion in Webster V. Reproductive Health Services, which threatens the American tradition of civil liberties, we: recognize the right of the individual, married or single, to be free of unwanted governmental intrusion into matters so private as the decision whether to bear a child. We believe that women, regardless of age or economic, social, or ethnic status, have the right to seek and obtain medically safe, legal abortions under dignified conditions and at a reasonable cost. Moreover, we urge elected officials at all levels of government to support the inalienable and constitutional right of all individuals to decide when, whether, and with whom to have a family. Now, therefore, be it (4wo" RESOLVED, That the statement proposed by the Coalition for Reproductive Choice be referred to the Human Services Committee for study, public input, and possible resolution for Council action. Alderperson Nichols stated that he believes it is up to elected officials to take a stand, even though decisions will be made at the State and Federal levels. He is asking for pubic input on this issue to make sure that when Council makes its recommendations to the State and Federal officials that it comes after wide public debate. He will be asking the Human Services Committee to hold a Public Hearing on this issue. 10`' 40 August 1, 1989 Alderperson Cummings asked Human Services Committee to consider economic boycott strategies that are available against entities which fund anti - abortion activities. Alderperson Romanowski read the following statement into the record: "Notwithstanding the statements here tonight there are also City of Ithaca residents who hold opposing views on those held by the Coalition for Reproductive Choice. Common Council has always held its purpose is to enhance and protect the quality of life for its citizens. They are concerned with such things as housing for the homeless, the elderly, the low - income people, they are concerned with child care, meals for the hungry, concerned with fire and police protection, water quality and on and on. All these things are dedicated to the preservation of life. The tragedy of abortion is that it is a life that is lost. There has to be a better way. The outcome of this civil war in the country is that it is going to be fought in the State and Federal Courts and legislative bodies. To inject this highly divisive topic into local political bodies is to dilute our effectiveness on the issues that affect us directly here in the City of Ithaca. It could mean a civil war right in the local bodies. I understand and respect the differences of opinion within society itself on this but I have views directly opposed to those that a lot of people hold. I would like to have people on their own write their representatives, to lobby, to loin groups, whatever their perspective decisions are on this but I can't support this resolution and I urge other people if they have any kind of leaning for not supporting abortion as a viable solution to vote this down also." A vote on the resolution resulted as follows: Ayes (8) - Cummings, Nichols, Booth, Killeen, Lytel, Johnson, Hoffman, Schlather Nay (1) - Romanowski Carried (8 -1) Adjournment On a motion the meeting adjourned at 12:05 a.m. Callista F. Paolangeli City Clerk d John C. Gutenbergei Mayor V 19.1 W_