HomeMy WebLinkAboutMN-CC-1990-05-024.5 3
COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 7:00 P.M. May 2, 1990
PRESENT:
Mayor Nichols
Alderpersons (10) Booth, Cummings, Johnson, Hoffman, Peterson,
Schroeder, Golder, Daley, Romanowski,
Blanchard
OTHERS PRESENT:
City Attorney - Guttman
City Clerk - Paolangeli
City Controller - Cafferillo
Planning and Development Director - Van Cort
Police Chief - McEwen
Personnel Administrator - Walker
Building Commissioner - Datz
Fire Chief - Olmstead
Superintendent of Public Works - Thadani
�} City Engineer - Gray
Community Development Administrator - Evans
_y Board of Public Works Commissioners - Reeves, Berg
PLEDGE OF ALLEGIANCE:
Mayor Nichols led all present in the Pledge of Allegiance to the
American flag.
MINUTES•
Approval of Minutes of the March 28, 1990 Special Common Council
Meeting
By Alderperson Blanchard: Seconded by Alderperson Romanowski
RESOLVED, That the Minutes of the March 28, 1990 Special Common
(Woel Council meeting be approved as published.
Carried Unanimously
Approval of Minutes of the April 2, 1990 Special Common Council
Meeting
By Alderperson Romanowski: Seconded by Alderperson Peterson
RESOLVED, That the Minutes of the April 2, 1990 Special Common
Council be approved as published.
Carried Unanimously
Approval of Minutes of the April 4, 1990 Common Council Meeting
By Alderperson Schroeder: Seconded by Alderperson Booth
RESOLVED, That the Minutes of the April 4, 1990 Common Council
meeting be approved with the following corrections:
Alderperson Schroeder asked that in the Hydropower Resolution
the words "facilities-support-related-11 be hyphenated wherever it
appears in the resolution.
Alderperson Booth asked that on page 11 in the amending
resolution in the paragraph that begins "Margaret Fabrizio, etc.
the words 'south boundary' be changed to east boundary.
Alderperson Romanowski requested that on page 12 in the paragraph
that beings, "Alderperson Romanowski asked, etc." the word
discussion be substituted for the word 'decision'.
Alderperson Schroeder noted that on page 10, the last line of the
Resolved paragraph should read: "otherwise be permitted but for
the Recreation River designation."
Carried Unanimously
ADDITIONS TO OR DELETIONS FROM THE AGENDA:
New Business
Alderperson Booth requested an item be added under New Business
to discuss the meeting date for Council in July.
No Council member objected.
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May 2, 1990
Appointments
Alderperson Hoffman requested the addition of appointments to the
Local Assessment Board of Review.
No Council member objected.
Report of City Boards, Commissions and Committees
Alderperson Cummings requested the addition of a Liaison report
on the Central Processing Facility, Citizens Review Group.
No Council member objected.
SPECIAL ORDER OF BUSINESS:
Public Hearing - An Ordinance to Amend Footnote 1 to the "Parking
Space Requirement Chart" of Section 30.37 (A) (4) of Chapter 30
Entitled 'Zoning' of the City of Ithaca Municipal Code
Resolution to Open Public Hearing
By Alderperson Daley: Seconded by Alderperson Schroeder
RESOLVED, That the Public Hearing to consider an ordinance to
amend Footnote 1 to the "Parking Space Requirement Chart" of
Section 30.37 (A)(4) of Chapter 30 Entitled 'Zoning' of the City
of Ithaca Municipal Code be declared open.
Alderperson Peterson explained the amendment that is being
proposed to the Parking Space Requirement Chart.
No one appeared to address the Public Hearing.
Resolution to Close Public Hearing
By Alderperson Daley: Seconded by Alderperson Schroeder
RESOLVED, That the Public Hearing to consider an ordinance to
amend Footnote 1 to the "Parking Space Requirement Chart" of
Section 30.37 (A)(4) of Chapter 30 Entitled 'Zoning' of the City
of Ithaca Municipal Code be declared closed.
Carried Unanimously
Public Hearing - Reprogramming of Community Development Funds
from 1987 Grant from Rehabilitation to New Construction
Resolution to Open Public Hearinq
By Alderperson Peterson: Seconded by Alderperson Daley
RESOLVED, That the Public Hearing to consider reprogramming of
Community Development Funds from 1987 Grant from Rehabilitation
to New Construction be declared open.
Carried Unanimously
Community Development Administrator Evans gave background
information on the reprogramming of 10th year Small Cities funds
from two lines in that grant. One was loans for rental property
and the second was loans for rehabilitation for owner - occupied
properties. These are to be re- programmed into use for
construction of a rooming house for low and moderate income,
individual, single adults. The amount available is $170,000 from
those two previous lines. The boarding house will be constructed
at 322 North Meadow Street. She referred to a packet of
information that had been sent to all Alderpersons that further
explained the project.
Tracy Farrell, 429 West Buffalo Street, read the following
statement to the Council:
"Issues of fairness. Does this proposal result in an equitable
distribution of special needs housing?
Already Red Cross Homeless Shelter is in immediate vicinity.
Also, a group home is located within 1 block, and another is
within 2 blocks. My neighborhood has not been a "NIMBY"
neighborhood. There was no opposition to the Group Homes and
little to the Homeless Shelter. I was a member of the Board of
Zoning Appeals when there was a request for a zoning change for
the second Group Home. Neighbors were a little concerned; they
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3 May 2, 1990
talked it over and decided that people need a place to live, we
can manage and we knew that it was going to be very well
supervised. This facility tonight is somewhat different. But I
feel that we have certainly accepted the responsibility of
housing special needs groups. Now it is time for others to share
the responsibilities.
I sincerely ask that the City prepare a map showing where the
(4WO.", special needs and low income housing are located now so that we
can make sure that responsibilities are shared among
neighborhoods in the future. So if you decide that it is fair to
transfer funds to build the proposed facility in the proposed
location, then I think it is extremely important to ensure that
it be the best neighbor possible. I therefore ask that you:
1. Require a written contract that specifies the type of
tenant that will be welcome to live there and how the
tenants will be selected. I know that Kathe has assured us
that it is not for serious needs people. I would like that
in legal written form to assure that. I feel that is really
iss important because there is minimal supervision for this
facility. There is a Resident Manager but that isn't really
very much if the population is very needy.
2. Add two neighborhood representatives to the proposed tenant
selection /placement committee that will include two
representatives from DSS, one from the Ithaca Housing
Authority, and one from Mental Health. The neighborhood
residents should be regular voting members of the selection
committee. It is desirable for one of the neighborhood
representatives to be from a business in the area and I
feel that the neighborhood should select the two
representatives.
In the past, I don't think DSS has had a very good track
record on visible commitment to housing people in well -
maintained and appropriate buildings. I think that with
neighborhood representation we can help make sure that it
really works. Also the CD funds were originally for
Neighborhood Housing and Neighborhood Housing has always
included neighborhood representation in any project.
3. I would also require that the developer modify the present
plans for the building to include at least one bathroom on
the second floor, and central air conditioning. I feel the
proposed facility and location are not that desirable for
people. I would like to improve it so it is more
comfortable and that tenants do want to live there. Also, I
feel that a lack of bathrooms may create a serious hardship
=or the whole neighborhood.
iclusion, I respectfully request that you incorporate these
ju -Its into any agreement for transfer of funds. I feel that
-h hanges will help ensure that the project succeeds without
r = +- burdening the neighborhood."
Schwartzbach, 107 Park Place, addressed the Council
-c_ng the project and the need for equitable distribution of
i,_ies. He stated that even though most of the facilities in
it✓ at present are in his neighborhood, he is not opposed to
roject. However, he would like some assurances that the
-t will be monitored and he would like the City to make a
.rent to a master plan that applies to private agencies,
agencies and the private sector that will assure
et tc distribution of facilities throughout the City.
Mai Smith, 525 West Buffalo Street, stated that she feels
ver ongly about group homes and about mainstreaming and what
it to this country, not just to the City of Ithaca. She
stat _fiat she is fully in support of this project. However,
45(►
4 May 2, 1990
she feels the 1st Ward is saturated with these kinds of
facilities and she does not feel a rooming house boardering on
Route 13 is the best site for a facility of this kind. She
believes a better use for land in this area would be an emergency
care facility so that people in this area would not need to make
that trip through the Octopus to the hospital. She further
suggested that the V.I.P. Motel could be renovated for this kind
of single adult living arrangement.
Mary Pat Dolan, Commissioner of Social Services, addressed
Council on the continuing need for single room occupancy housing
and the Social Services Department's involvement in this project.
Jane Hartz, Coordinator of the County Mental Health Department's
Case Management Program, encouraged Council to consider
development of this project.
Lucy Brown, Chairperson of the Ithaca Neighborhood Housing,
addressed Council in favor of the Chartwell project.
Mary Shelley, 109 Park Place, stated that she supports the
recommendations for having community representation on the
management committee for the Chartwell project and she supports
Mr. Schwartzbach's comments on this project.
Resolution to Close Public Hearing
By Alderperson Blanchard: Seconded by Alderperson Daley
RESOLVED, That the public hearing to consider reprogramming of
Community Development Funds from 1987 Grant from rehabilitation
to new construction be declared closed.
Carried Unanimously
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
Hudson Street Reconstruction Project
Denise Rusoff, 209 Hudson Street, representing the liaison
committee acting in concert with the Department of Public Works
and the South Hill Civic Association, stated that the South Hill
Civic Association would like to thank the Shade Tree Commission
and the City Forester for the very wonderful presentation that
they gave to the neighborhood. She said that they are currently
at an impasse in the redesign of the upper portion of Hudson
Street. She believes that two of the problems were ironed out
today at the Board of Public Works Committee of the Whole
meeting; there is one problem remaining which is the Therm curve.
Hopefully, that problem will be taken care of at the Tuesday
morning meeting with the Civic Association and staff from the
Department of Public Works. She also thanked the Alderpersons
involved, Common Council, the Mayor and the Board of Public Works
for being supportive of them.
Sally Grubb, Vice -Chair of the Interim Parks Commission, read the
following statement to Council:
"I am speaking on behalf of the Interim Parks Commission
concerning Agenda Item 18.3 - the Planning and Development
Committee resolution to alienate three parcels of land on Inlet
Island.
My first concern is that three separate parcels of land are being
dealt with at the same time - the land around the Station
Restaurant - the alienation required for Route 89 - and a parcel
to the north currently used by Peter de Graff for boat storage.
These are three different situations and should be dealt with
separately. We all understand the need for park land alienation
for the realignment of Route 89. We do not understand the need
for the alienation of the other parcels of land and do not accept
the argument that the alienation of land for Route 89 makes the
rest of the land less useful to the City, and that it should be
therefore be alienated now purely, we understand, for the benefit
of individual businesses without thought for the rest of the
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5 May 2, 1990
community. The northern parcel of land is still highly desirable
waterfront land and its future use should only be decided after
full evaluation and environmental impact study. And this is
where I come to my second concern. The alienation of park land
is a serious issue; and each proposal should receive complete
evaluation by all parties concerned. You have a Parks
Commission, albeit an Interim one. Why wasn't it asked for input
on this subject? The Interim Parks Commission was set up to
(600,11 provide oversight and advice on issues such as this while we
decide on the full Commission's future role. As a member of the
Interim Parks Commission, I find it incomprehensible that the
Common Council has not requested the input of our advisory group;
after all, while you are not bound by our decision, alienation of
park land should be within the purview of an established Parks
Commission. If we are not involved now how can we properly carry
out our mandate?
For now, the Interim Parks Commission urges Common Council to
(\J amend this resolution to approve alienation of only that park
land necessary for realignment of Route 89, and to refer
ti alienation of the other parcels of land back to Planning and
Development for further review,
I would also like to take this opportunity to make comments on
behalf of the Interim Parks Commission on three other resolution
before you tonight. These are:
(1) Agenda Item 15.18 - the Resolution to purchase the Pogo
parcel of land - we are fully in support of this and the
potential development of a Northside park;
(2) Agenda Item 18.2 - The Resolution that Common Council
affirms that it has not made a prior commitment to transfer the
Festival Lands to the State of New York - we fully support this
Resolution and plan to make our recommendations on the Festival
Lands in the near future; and
(3) Agenda Item 18.5 - The Resolution to approve in concept the
idea of having a skateboard facility - we also fully support this
Resolution. I am also pleased to be able to say that this is
the first instance when a City Department has approached the
Commission and asked for our input - Matthys Van Cort asked for
an opportunity to talk to the Commission about Planning
Department plans for this facility. I hope this is the way
things will be in the future and that the Interim Commission
won't have to rely solely on our own detective work to find out
when our input is required."
Doria Higgins, representing Citizens to Save Our Parks, read the
following statement to Council:
"We are opposed to parts of the Inlet Island alienation for a
number of reasons.
1. We do not think that parcel 4, the most northerly parcel of
Inlet Island Park, should be alienated. It is a uniquely sited
(4000, and beautiful piece of waterfront land and should certainly be
retained by the City for waterfront park purposes.
2. We do not think City park land should be alienated to
accommodate a single businessman at the expense of the community
as a whole, which will be the case if parcel 4 is alienated to
accommodate Mr. DeGraff owner of Ithaca Boating Center.
3. We most strongly object to the vague wording of this
resolution -- wording so ambiguous that it conveys the meaning
that the only land being proposed for alienation is the land
connected to the construction of alternate Route 89. If I had
not attended the committee meetings at which this resolution,
written by Mr. Van Cort, was first discussed, there is no way
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6 May 2, 1990
that I could know that the land being alienated was not just the
acreage necessary for the construction of alternate 89 but
included parcel 4 to accommodate Mr. DeGraff and also land
adjacent to the Station Restaurant to accommodate Mr. Ciaschi.
Maps identifying the land to be alienated were attached to the
agendas given to Common Council but not to the agendas given the
public - -not even to the agenda given the chair of the Planning
and Development Board and as you have just heard, the newly
appointed Interim Parks Commission knew nothing at all about this
matter.
The alienation of City park land is a matter of concern for the
community and should be done publicly so that the community is
aware of what is happening. Alienation of City park land should
not be slipped unidentified into a resolution so vaguely worded
that the proposed alienation is not made apparent.
Citizens to Save Our Parks is not opposed to the alienation of
the slips of land contiguous to the Station Restaurant if a fair
trade is involved. For every square foot of City park land
acquired by Mr. Ciaschi we think he should give the City a square
foot of his more northerly Inlet Island land which is contiguous
to City park land not included in the alienation proposal. That
seems fair to us and a good deal for both sides.
But we do not think parcel 4 should be alienated by the City to
be sold to Mr. DeGraff. This is uniquely sited City land and
will undoubtedly grow in value. You should not think of it as
something useless to be discarded as at least one of you has
referred to it in speaking to me. Another member of Common
Council, Barbara Blanchard, has said to us that the alienation of
parcel 4 will help one of her constituents -- she intends to
fight for him. We think she should remember that he is only one
of her constituents and she should not sacrifice the interests of
her others just to support him. Certainly the City of Ithaca
will attract more business and tourists if its waterfront is
beautiful park land available to all instead of a storage space
for plastic covered boats. Mr. DeGraff has been there five years
now and we truly wish him well, but we do not think the City
should underwrite his business at the expense of the community.
And one last word on the current assessed value of parcel 4 which
you are planning to alienate to sell to Mr. DeGraff. As you know
from the chart we gave you March 19 it has been given a 1990
assessed value significantly below that of nearby parcels -- so
low in fact that one person at the tax assessors office thought
it might be typographical error. If you do go ahead with this
unfortunate proposal to alienate parcel 4 at least make sure you
get fair value and that we do not have a repetition of the 1985
City appraisal of $77,000 for Inlet Island Park when its true
value was closer to $770,000."
Susan Titus, 208 The Commons, read the following statement to
Council:
"I am a member of Citizens to Save Our Parks and a local artist.
I have a gallery and a studio here in Town and I spend a lot in
City parks and outlying areas painting and drawing.
I am also a member of the Farmers' Market and when it was held at
Inlet Island Park I had a good opportunity to appreciate to the
beauty of that site. It seemed to me a shame that this beautiful
waterfront site wasn't more properly developed as a park, but I
and others of us assumed that in time this would happen.
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7 May 2, 1990
Now we learn that the northern parcel of Inlet Island Park which
has been used to store boats for quite some time is included in
resolution 18.3 as some of the City park land to be alienated.
This northern parcel, as you know, is not being alienated for the
siting of alternate Route 89. It is completely separate from the
plans for alternate 89 and considerably north of those plans.
We had accepted the inappropriate use of some of the City's most
beautiful waterfront property for boat storage because we thought
it was only temporary. In recent years other cities throughout
the country have been spending millions of dollars to reclaim
waterfront land for public park purposes. We think it is
wasteful and wrong for this city to alienate public park land
which could be a marvelous asset to the entire community just so
that it can be used to store boats. Why should you accommodate
one individual businessman in an inappropriate use of City park
land at the expense of the entire community? This uniquely
beautiful land should be kept as a park land for the greater
public good."
t1
RESPONSE TO THE PUBLIC:
Hudson Street Reconstruction Proiect
Alderperson Cummings asked if any action is needed at this
Council meeting in regard to the Hudson Street Reconstruction
project and the discussion that took place today at the Board of
Public Works Committee of the Whole Meeting.
Mayor Nichols stated that he does not think so. He said that it
is possible that it may come back to Council but he thinks the
Council should let the process work its way through first.
Inlet Island Alienation
Alderperson Hoffman wished to make it known that as of now, the
decision that Common Council has made is to alienate all the park
land on Inlet Island. He said that resolution was passed years
ago and sent to the State Legislature and he believes passed by
the State Legislature but it has not yet been enacted. A
resolution such as the one the Planning Committee recommended be
adopted would reduce the amount of land to be alienated.
REPORT OF CITY BOARDS. COMMISSIONS AND COMMITTEES
Citizens Advisory Committee for the Sitina of the Central
Processing Facility
Alderperson Cummings stated that the advisory committee has been
meeting on the third Thursday of each month and she thought she
should bring Council up to date because it is a process that is
moving quite rapidly. She reported that the County has indicated
that they intend to apply for their permit to start building this
facility by September 1.
Alderperson Cummings expressed her concern about the Citizens
Advisory Group. At this point there has not been representation
by the Elmira Road merchants for which there is two slots. There
is supposed to be two slots for residents; one of ,those is a
Spencer Road resident who has attended public meetings. The
other is one of the few Elmira Road business owners who actually
(400e supports the Central Processing Facility at that site and does
live there. The at -large representative is the Chair of the
Dryden Landfill Citizens Advisory Group. She stated that they do
not exactly have a majority who are real concerned about putting
the facility at that location. She stated that they do not have
a representative from the City of Ithaca serving as a liaison,
although they do have a representative from the northern part of
the county.
460
g May 2, 1990
Alderperson Cummings stressed that they need someone on this
committee who can ask the hard questions and be aggressive. She
said that the Council should know that this site is the County
selected site for their hazardous waste collection as well. The
County is now in the process of designating this site and
designing it as such. The matter of "privitization" is also
being discussed.
Board of Public Works
Commissioner Reeves reported on the following:
Lutheran Church Request - The Board of Public Works reconsidered
the free parking on Sundays at the Dryden Road Parking Garage and
at the meeting April 25, a resolution was passed to have free
parking at the Dryden Road Garage between the hours of 9 a.m. and
1 p.m. on Sundays.
Half -tags Garbage Tags - A resolution was passed on the 25th of
April regarding half -tags. The cost is $5.00 for a sheet of 12
to be used on garbage bags weighing 17 1/2 pounds or less.
Thurston Avenue Bridge Rehabilitation Bid - The bid was awarded
by resolution passed on April 25th. The rehab is scheduled to
begin June 11th and the bridge is scheduled to be closed until
mid - September.
Stewart Avenue Re- bricking Proiect - Due to the closing of the
Thurston Avenue Bridge we will not be working on the Stewart
Avenue re- bricking project until early Fall.
Update on Costs Involved with the Delay of the Hudson Street
Project - Commissioner Reeves read the following from a letter
from the contractor:
"The redesign of the project from 30 feet to 27 feet now being
contemplated will increase the cost of the project by a minimum
of between 30 and 35 percent and most likely the increase will
exceed that margin."
Commissioner Reeves stated that the initial two week delay is an
estimated $41,000 and there are several other items that are
listed in the letter that are estimates. The total cost at this
time is $155,000. over budget and it could double with what we
are doing now. She said that not only is this project costing
the City a great deal of money to the contractor but we are also
losing many staff hours with this project and the Board of
Public Works is getting badly behind on work it has to do.
Alderperson Johnson asked about the decision to grant free
parking at the Dryden Road Parking Garage for the Lutheran
Church.
Alderperson Booth asked the Board to reconsider that decision for
free parking at the Dryden Road Parking Garage.
Commissioner Reeves pointed out that this is on a temporary,
experimental basis until the end of May at which time it will be
re- evaluated.
Alderperson Hoffman asked what our options are at this point for
the Hudson Street Reconstruction project in regard to the
contractors additional costs.
City Attorney Guttman stated that the way the contract is
written, the contractor has the obligation periodically to notify
the City of changes in the contract that he feels are resulting
from our change orders. Every time the City revises the project,
which is a change order, he has the obligation to give us his
opinion as to what it is going to cost the City. City Attorney
Guttman stated that realistically what happens is that these get
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9 May 2, 1990
held until the project is completed. At that point there will be
negotiation as to whether or not we can agree on reasonable
values and the contractor has the obligation of justifying that
what he's claiming are reasonable values. At that time if it is
agreed upon between the contractor and the City, then it is fine.
Otherwise it then goes to arbitration.
Alderperson Booth asked Commissioner Reeves what is being done
(twow, with respect to the closing of the Thurston Avenue Bridge, if it
continues in the Fall. Are plans to move people back and forth
across that gorge?
Supt. Thadani answered that there is a meeting scheduled with
Police Chief McEwen and the Traffic Engineer to discuss the re-
routing possibilities.
Discussion followed on the floor. Alderperson Schroeder stated
that Cornell will have two shuttle buses available when the
tY� bridge cannot be used.
Board of Fire Commissioners
_ David Cornelius, Chair of the Board of Fire Commissioners,
reported that the Board had a special meeting last week which 3
Cil of the commissioners attended. He read to the Council the
<f following resolution that was passed unanimously by the 3 Fire
Commissioners present at that meeting:
"WHEREAS, the Fire Department's efforts to deal with the future
use of Fire Station #6 have been conducted pursuant to the City
Charter and the budget practices of the City, and
WHEREAS, the Board of Fire Commissioners and the members of the
Fire Department have acted in good faith to try to protect the
City's interest and investments; now, therefore, be it
RESOLVED, That the Board of Fire Commissioners will declare Fire
Station #6 to be surplus when use by the Fire Department as an
active Fire Station is no longer necessary and that it is
understood that even after the fire apparatus is relocated to the
new station, the Fire Department will need a couple of months to
completely move out of the building, including the securing of
temporary storage space, and be it further
RESOLVED, That the Board of Fire Commissioners will cooperate
fully with the City in attempting to sell the building, and be it
further
RESOLVED, That this resolution is contingent on the following:
a. No attempt will be made by the City of Ithaca to diminish the
powers of the Board of Fire Commissioners with respect to the
Board's control of real and personal property held by the Fire
Department;
b. An amount not to exceed $5,000. will be approved for a space
needs study for the Fire Department that will include office,
storage, program and training needs. Funding for this study will
come from a transfer of unused salary monies in the A3410 -105
account to the A3410 -435 account of the 1990 budget;
C. The Mayor and Common Council agree to make every effort
possible to secure the necessary funds for additional Fire
Department space should the study establish the need; and
d. No potential sale of the building will interfere with the
operational activities of the Fire Department."
10 May 2, 1990
Discussion followed on the floor with Chairperson Cornelius
answering questions from Council members. Mr. Cornelius stated
that if the Council passes a resolution on this matter, the above
language needs to be incorporated into that resolution or the
Board of Fire Commissioners will not be able to support it.
CITY CLERK'S REPORT:
*
12.1 Designation. of Polling Places for 1990
By Alderperson Daley: Seconded by Alderperson Romanowski
RESOLVED, That the following be and are hereby designated as
polling places in the City of Ithaca, New York, for the year
1990:
FIRST WARD
SECOND WARD
1st District Chestnut Street
2nd District 800 S. Plain St.
3rd District
4th District 300 W. Court St.
5th District Chestnut Street
1st District
2nd District
3rd District
4th District
5th District
300 W. Court St.
310 W. Green St.
310 W. Green St.
300 W. Court St.
THIRD WARD 1st District Cornell Campus
Central Avenue
2nd District Cornell Street
3rd District Cornell Street
FOURTH WARD
FIFTH WARD
1st District 635 Stewart Ave.
2nd District 402 E. State St.
3rd District
1st District
2nd District
3rd District
4th District
309 College Avenue
Alternative
Community School,
former West Hill
School
Titus Towers
Housing
To be Announced
G.I.A.C. Building
Alternative
Community School,
former West Hill
School
G.I.A.C. Building
Central Fire Sta.
To be Announced
Central Fire Sta.
G.I.A.C. Building
Willard Straight
Hall
Belle Sherman
Annex
Belle Sherman
Annex
Noyes Center
Challenge
Industries
#9 Fire Station
1012 N. Tioga St. #7 Fire Station
Corner King & Fall Creek School
Aurora Streets
309 Highland Road 1st Congregational
Church
Corner King & Fall Creek School
Aurora Streets
Carried Unanimously
CITY ATTORNEY'S REPORT:
Central Processing Facility Litigation
City Attorney Guttman stated the litigation has been commenced by
the City against the Board of Representatives with regard to the
Central Processing Facility.
Wild, Scenic and Recreational River Designation - Fall Creek
City Attorney Guttman reported that Assemblyman Luster has a
preliminary draft of the legislation. Attorney Guttman received
a copy of it and sent back to Assemblyman Luster some
modifications of that and he understands that this will be
presented in the near future in Albany for legislative action.
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4 61: )
11
Sale of Land on Floral Avenue
City Attorney Guttman stated that
sell Tax Parcel No. 77 -2 -6, whic
parcel on Floral Avenue to Ithaca
He stated that the closing was
City received $18,000. and those
City Controller.
May 2, 1990
last April Council resolved to
h is approximately a one acre
Neighborhood Housing Services.
completed on April 23rd. The
funds were transferred to the
Disciplinary Hearings
City Attorney Guttman reported that in the last month there have
been three Section 75, "Misconduct Disciplinary Hearings" on Fire
Department employees and those have been completed and his office
is awaiting a decision on those.
City Court Proceedings
City Attorney Guttman reported on the cases that the City has
pursued.
Department Heads Attendance at Council Meetings
W Mayor Nichols stated that has been a cable connection installed
i� in the Second Floor Conference Room and the Department Heads will
be located there during Common Council meetings in case they are
needed to answer questions from Council members.
� BUDGET AND ADMINISTRATION COMMITTEE:
* 15.1 Youth Bureau Request to Amend the Authorized Equipment
List
By Alderperson Booth: Seconded by Alderperson Peterson
RESOLVED, That the authorized equipment list for the Youth Bureau
be amended by adding a Computer Registration Software Program for
Pool and Rink scheduling purposes in the amount of $1,595. to
Account A7310 -210, Office Equipment, and by deleting an Instant
Burger Machine (Hamburger Grill) budgeted for $1,595. from
Account A7310 -225, Other Equipment.
Carried Unanimously
* 15.2 Youth Bureau Request to Amend 1990 Budaet to Include a
Grant from Cornell University
By Alderperson Booth: Seconded by Alderperson Johnson
WHEREAS, Cornell University has agreed to provide a $12,600.
Grant for the establishment of a new summer jobs program
targeted toward ten to twelve minority and female students, to be
known as the ON TOP Program; now, therefore, be it
RESOLVED, That the 1990 Youth Bureau budget be amended as
follows:
Increase Revenue Account A2070 Contributions for
Youth Services $121600
Increase Appropriations Accounts
A7310 -120
A7310 -125
A7310 -445
(boo", A7310 -460
A7310 -440
Part -time Seasonal Salaries 11,000
Overtime 500
Travel and Mileage 200
Program Supplies 500
Staff Development 400
Total $12,600
Carried Unanimously
* 15.3 Youth Bureau Request to Amend 1990 Budaet
By Alderperson Booth: Seconded by Alderperson Schroeder
WHEREAS, the Youth Bureau has been able to reduce projected cost
of acquiring a Fifteen - Passenger Van by $2,837., by utilization
of available New York State Contract pricing, and
WHEREAS, the Ithaca City School District, the funding agency of
the applicable van acquired by contract, has agreed to allow a
reallocation of the said $2,837.; now, therefore, be it
4611
12 May 2, 1990
RESOLVED, That the 1990 operating budget of the Youth Bureau be
amended as follows:
Reduce A7310 -215 Motor Vehicle Equipment $2,837
Increase A7310 -425
Office Expense
150
A7310 -435
Contractual Services
150
A7310 -440
Staff Development
500
A7310 -445
Travel and Mileage
450
A7310 -460
Program Supplies
1587
Total
2,837
Carried Unanimously
* 15.4 Request Funding to Pay the State DEC for Unused Monies
From the Aquatic Weeds Project
By Alderperson Booth: Seconded by Alderperson Peterson
WHEREAS, the City of Ithaca received a $33,250 Grant from the
State Department of Environmental Conservation to fund an Aquatic
Weed Control project in Cayuga Lake, and i
WHEREAS, the project was successfully completed for $32,910.,
leaving an unexpended balance of $340., and
WHEREAS, the State requires that all interest earned on Grant
funds during the operation of said project be refunded to DEC;
now, therefore, be it
RESOLVED, That the City Controller transmit the unexpended Grant
balance of $340. and interest earnings of $1,758. to the State
Department of Environmental Conservation as required by the
related Grant Agreement.
Carried Unanimously
* 15.5 Request Funding for Revised Appraisal of City Hall Annex
By Alderperson Booth: Seconded by Alderperson Schroeder
WHEREAS, the Intergovernmental Relations Committee of Common
Council has determined that a revised appraisal of the City Hall
Annex property is required; now, therefore, be it
RESOLVED, That the Director of Planning and Development be
authorized to enter into an agreement with Francis and Company to
provide an appraisal of the City Hall Annex property for an
amount not to exceed $2,925., and be it further
RESOLVED, That the appraisal include two separate sets of
assumptions:
A. The following conditions for development:
1. That any exterior changes be made subject to
review by the Design Review Board and the
Landmarks Commission (Facade control)
2. That the first floor be utilized for retail space
3. That the ramps between City Hall and the Annex
property be removed at the Buyer's expense
B. That the appraised value be based on no conditions,
except for applicable law. (Land value only, or utilization of
the building without restrictions)
and be it further
RESOLVED, That an amount not to exceed $2,925 be transferred from
Account A1990 Unrestricted Contingency to Account A8020 -435
Planning Department Contractual Services for such purpose.
Carried Unanimously
465
13 May 2, 1990
* 15.6 Standardization of Elevator Equipment
By Alderperson Booth: Seconded by Alderperson Peterson
WHEREAS, this Common Council has been requested by the Department
of Public Works to standardize on United Technologies Otis
Elevator equipment as the type of elevator equipment to be used
in the Seneca Street Parking Garage, and
WHEREAS, it is deemed to be in the best interest of the City for
reasons of efficiency, compatibility, and economics to approve
such standardization for the following reasons:
1. The City of Ithaca Seneca Street Ramp presently has all
Otis Elevator equipment.
2. Replacement after over fifteen years of service is not
necessary but overhaul by Otis who has continuously
serviced the units is appropriate with the general
garage rehabilitation.
(0 3. The cost of maintenance, parts and service will be less
�g) than if different types of equipment were being used;
now, therefore, be it
RESOLVED, That pursuant to Section 103, Subdivision 5 of the
General Municipal Law of the State of New York, this Common
Council hereby authorizes the standardization of United
Technologies Otis Elevator equipment as the type of equipment to
be used and purchased by the Department of Public Works for the
maintenance and rehabilitation of the Seneca Street Parking
Garage Elevator equipment during the year 1990.
Carried Unanimously
* 15.7 Request Authorization to Participate in the State Aid for
Local Bridge Program
By Alderperson Booth: Seconded by Alderperson Johnson
WHEREAS, pursuant to Chapter 261 of the Laws of 1988 and Article
20 of the Transportation Law, the New York State Legislature has
authorized and appropriated funds for a State Aid Local Bridge
Program to be administered by the New York State Department of
Transportation, and
WHEREAS, the City of Ithaca desires to participate in such
Program; now, therefore, be it
RESOLVED, That the City shall participate in the State Aid Local
Bridge Program, pursuant to the terms of the Bond Act, the
Program Guidelines and State /Applicant Agreement which the
municipality ratifies and affirms, and be it further
RESOLVED, That the accomplishment of all State Aid Local Bridge
Projects authorized under the State Aid Local Bridge Program
shall be by Municipal forces or by competitively let contract
with oversight by the City, and be it further
RESOLVED, That the Mayor of the City be and is hereby authorized
to execute all necessary agreements and documents on behalf of
the City of Ithaca required by the New York State Department of
Transportation for participation in its State Aid Local Bridge
Program.
Carried Unanimously
* 15.8 Request to Amend Capital Project #234
By Alderperson Booth: Seconded by Alderperson Johnson
WHEREAS, the Department of Public Works has received approval
from the State Department of Transportation for funding under the
State Aid to Local Bridge Program (1988 Bond) S.A.L.B., and
�filfl
14
May 2, 1990
WHEREAS, the replacement of the North Cayuga Street Bridge at
Cascadilla Creek has been designated for funding under said
Program, and
WHEREAS, a Capital Project #234 has already been established for
such purpose; now, therefore, be it
RESOLVED, That Capital Project #234 for the replacement of the
North Cayuga Street Bridge at Cascadilla Creek be amended as
follows:
A. The maximum authorization of such project shall be
increased from $380,000 to $525,000.
B. The financial plan shall be redefined, to include
$420,000 in State funding from the State Aid to Local
Bridge Program (1988 Bond), and the balance of $105,000
to be appropriated from New York State Consolidated
Highway Improvement Program funds (C.H.I.P.S.) received
in 1989.
Carried Unanimously
* 15.9 Request for Full Time Inspection and Contract
Administration During Construction of Rt. 13 Industrial Park
By Alderperson Booth: Seconded by Alderperson Schroeder
WHEREAS, the City Engineer has recommended that an outside
Engineering firm be engaged to provide full -time inspection and
contract administration during construction of the Route 13
Industrial Park, and
WHEREAS, the Board of Public Works has reviewed proposals from
prospective engineering firms and has recommended the firm of
Novelli and Co. to perform such services, and
WHEREAS, the proposed contract not to exceed $50,000 is provided
for within the existing capital project authorization; now,
therefore, be it
RESOLVED, That the Mayor be authorized to execute an agreement
for professional Engineering Services to be provided during the
construction of the Route 13 Industrial Park Construction
Project, for an amount not to exceed $50,000.
Discussion followed on the floor with City Engineer Gray
responding to questions.
A vote on the resolution resulted as follows:
Carried Unanimously
* 15.10 Police Department Request to Amend Authorized Equipment
List
By Alderperson Booth: Seconded by Alderperson Romanowski
RESOLVED, That the Authorized Equipment List for the Police
Department be amended to include one computer room air
conditioner at a cost not to exceed $3,500, and be it further
RESOLVED, That $1,500 be transferred from Account A3120 -215,
Equipment /Motor Vehicles, and $2,000 from Account A1990,
Unrestricted Contingency to Account A3120 -225, Police Department
Other Equipment, for such purpose.
Carried Unanimously
* 15.11 Equalization Rate
By Alderperson Booth: Seconded by Alderperson Romanowski
WHEREAS, it has been determined that the use of County
Equalization Rates for the distribution of Ithaca School
District Taxes within Tompkins County would provide a more
equitable apportionment thereof, and
19-1
I Ft
15
May 2, 1990
WHEREAS, approximately ninety -nine point nine three percent
(99.93 %) of the taxable property which comprises the Ithaca City
School District is located within Tompkins County, and
WHEREAS, the Tompkins County Division of Assessment has recently
completed a revaluation of all properties located within Tompkins
County to establish current full market value, and
(00"" WHEREAS, Real Property Tax Law Section 1315 currently permits a
school district an option, whereby County equalization rates may
be utilized for apportionment purposes, but only in those
instances where each municipality within a given school district
completes a revaluation in the same year, and
WHEREAS, the Ithaca City School District includes properties in
the Towns of Richford and Candor located in Tioga County, which
have not completed a revaluation in the same year as the Tompkins
County revaluation, thereby negating any opportunity to utilize
the existing provisions of Sections 1315; now, therefore, be it
RESOLVED, That the City of Ithaca Common Council hereby
`�LL) respectfully requests that State Senator James Seward and State
Assemblyman Martin Luster present on behalf of Tompkins County,
�.I a special legislative bill amending Section 1315 of the Real
Property Tax Law as follows:
That current paragraph 3 of Section 1315 shall be renumbered
paragraph 3a, and that there shall be a new paragraph 3b
which shall read as follows:
3b. With respect to the Ithaca City School District,
Alderperson Booth explained the resolution and stated that the
City is urging the County Board and the School Board to adopt a
similar resolution.
A vote on the resolution resulted as follows:
Carried Unanimously
* 15.12 Request to Reduce Length and Number of Photo - copies
By Alderperson Booth: Seconded by Alderperson Johnson
RESOLVED, That Common Council hereby establishes the following
policy, relative to the reduction in the length and number of
photo- copies of Council Agenda and Minutes being produced and
distributed by the City Clerk:
DISTRIBUTION OF COUNCIL AGENDA AND MINUTES -- POLICY
Working from a current list the City Clerk's Office distributes
approximately 75 copies of the full agenda (with back -up
material, resolutions, etc.) which runs between 45 -50 pages for
an average month. Of these 75 copies, 15 copies of the full
agenda are being mailed and the remainder are distributed through
inter - office mail.
75 copies x 50 pages = 3,750 pages
wherein in excess of ninety -nine percent of the
property within the district has been revalued in the
same year, Ithaca City School District authorities may
apply to the State Board for Certification as a
"Certified School District ", as provided above. Upon
receiving certification, the School District shall
utilize the Tompkins County Equalization Rate to
apportion its tax levy in proportion to the taxable
assessed value of real property in each City, Town or
part thereof, which has been revalued at full market
value and shall use the appropriate State Equalization
Rates for those properties which have not been so
revalued.
Alderperson Booth explained the resolution and stated that the
City is urging the County Board and the School Board to adopt a
similar resolution.
A vote on the resolution resulted as follows:
Carried Unanimously
* 15.12 Request to Reduce Length and Number of Photo - copies
By Alderperson Booth: Seconded by Alderperson Johnson
RESOLVED, That Common Council hereby establishes the following
policy, relative to the reduction in the length and number of
photo- copies of Council Agenda and Minutes being produced and
distributed by the City Clerk:
DISTRIBUTION OF COUNCIL AGENDA AND MINUTES -- POLICY
Working from a current list the City Clerk's Office distributes
approximately 75 copies of the full agenda (with back -up
material, resolutions, etc.) which runs between 45 -50 pages for
an average month. Of these 75 copies, 15 copies of the full
agenda are being mailed and the remainder are distributed through
inter - office mail.
75 copies x 50 pages = 3,750 pages
`68
16 May 2, 1990
The City Clerk believes this number could be cut considerably by
distributing the full agenda only to Alderpersons, Board of
Public Works Commissioners, Department Heads, Deputies, and
Chairs of major Boards and Committees. Thus, the number of full
agendas would be reduced from 75 to approximately 35.
35 copies x 50 pages = 1,750 pages
This results in a saving of 2,000 pages per month.
The agenda (without back -up) will be sent to the remaining
current mailing list and would inform those people that if there
is a certain item on the agenda that is needed, it can be
obtained from the City Clerk's Office by request. This policy
would not be deemed to prevent an individual who needs a copy of
a full Common Council Agenda from,obtaining it from the Clerk's
Office.
Carried Unanimously
Alderperson Golder asked that a full agenda also be sent to the
Public Library.
* 15.13 Building Department Employee Salary Adjustment
By Alderperson Booth: Seconded by Alderperson Daley
WHEREAS, the Building Commissioner has recommended Housing
Inspector Michael Dickerson for an Employee Incentive Award
pursuant to the terms of the CSEA Administrative Unit contract,
and
WHEREAS, the Building Commissioner has provided the Budget and
Administration Committee with substantial justification for
granting the Employee Incentive Award, and
WHEREAS, the Building Commissioner's recommendation complies with
the procedure and guidelines outlined in the CSEA Administrative
Unit contract; now, therefore, be it
RESOLVED, That Michael Dickerson's salary be increased by eight
(8) percent to an annual salary of $27,226, retroactive to April
13, 1990.
Discussion followed on the floor with Alderperson Golder stating
his reasons for opposition to the system of merit pay as a means
of raising an employee's salary.
Alderperson Cummings spoke in favor of incentive awards for
employees.
A vote on the resolution resulted as follows:
Ayes (9) - Booth, Romanowski, Blanchard, Schroeder, Daley,
Cummings, Johnson, Hoffman, Peterson
Nay (1) - Golder
Carried
* 15.14 Appointment of Acting Assistant Superintendent of Public
Works
By Alderperson Booth: Seconded by Alderperson Daley
RESOLVED, That Bernard Carpenter be and hereby is appointed to
serve as Acting Assistant Superintendent of Public Works, with a
ten (100) percent increase in base salary, from April 5, 1990
until a permanent Assistant Superintendent of Public Works is
appointed.
Carried Unanimously
17 May 2, 1990
* 15.15 Appointment of Acting Facilities Maintenance Supervisor
By Alderperson Booth: Seconded by Alderperson Daley
RESOLVED, That Richard Ferrel be assigned to serve as Acting
Facilities Maintenance Supervisor with a ten (10 %) percent
increase in base salary, from April 5, 1990 until a permanent
Assistant Superintendent of Public Works is appointed.
Carried Unanimously
* 15.16 Contract for Pay Equity Study
(4we, By Alderperson Booth: Seconded by Alderperson Johnson
WHEREAS, pursuant to the Agreement between the City of Ithaca and
the CSEA Administrative Unit, the City of Ithaca and CSEA have
agreed to conduct a study to review alleged salary inequities
within the bargaining unit, and
WHEREAS, the City of Ithaca Pay Equity Committee has reviewed the
proposals submitted by potential consultants and recommended that
V.E. Orlop and Associates be hired to conduct the study; now,
..� therefore, be it
4 RESOLVED, That the City of Ithaca enter into a contract with V.E.
-•k, Orlop and Associates, to conduct a Pay Equity Study of CSEA
Administrative Unit positions and the Confidential positions not
covered by a bargaining unit, at a cost not to exceed $17,000.,
and be it further
RESOLVED, That an amount not to exceed $17,000 be transferred
from A1990 Unrestricted Contingency to A1430 -435 •Personnel
Department Contractual Service, to cover the cost of the Pay
Equity Study.
Carried Unanimously
* 15.17 Amendment to Personnel Roster - Wastewater Treatment
Plant
By Alderperson Booth: Seconded by Alderperson Peterson
RESOLVED, That the Personnel Roster of the Wastewater Treatment
Facility be amended as follows:
Delete: One (1) Maintainer - 40 hours /week
Add One (1) Custodial Worker - 20 hours /week
Carried Unanimously
* 15.18 Reauest for Authorization to Purchase Property
By Alderperson Booth: Seconded by Alderperson Schroeder
RESOLVED, That the property known as the "Pogo Parcel" of
approximately 2 acres of land located at 515 First Street in the
City be purchased at a cost of $297,000 plus closing costs, and
be it further
RESOLVED, That the City Controller is hereby authorized to
advance available General Fund moneys to temporarily pay the cost
of said acquisition, pending the issuance of Bond Anticipation
Notes to be authorized for such purpose.
Discussion followed on the floor.
Alderperson Daley stated that he would like to see a contingency
in the purchase contract for that parcel regarding toxic
we substance.
Alderperson Romanowski stated, for the record, his reasons for
opposing this property purchase. He stated that he thinks the
public is better served by these lands staying in private hands.
To have the City take over this particular parcel, after hearing
what is proposed for it, does not seem to be a prudent use for
this land.
Alderperson Peterson asked about EQBA moneys and if we will still
be applying for these funds.
470
HE
May 2, 1990
Mayor Nichols stated that we have no assurance but we do have,
from the Finger Lakes State Park Commission, a formal waiver
which says that if we get the grant to develop a portion of that
parcel as a park, that we can use that against the purchase
price.
Alderperson Cummings asked if we are asking for EQBA money out of
the existing funds and do we know how competitive that is? We
have applied for EQBA money for a number of projects in the City
and been turned down.
Mayor Nichols stated that the rating is done by Finger Lakes,
particularly Bob Gonet. We discussed the application with him
and asked him to compare how this would rate compared to the
City's previous applications. Mr. Gonet feels that this would
rate far higher.
Discussion followed regarding the rating process and how it
works.
Alderperson Cummings stated that she wants to make sure that we
are not paying a fortune out of City dollars for park land that
we don't need as park land in this area. We need housing, we
need the Senior Citizens Center, we need the Sciencenter at this
location.
Mayor Nichols stated that this plan has been developed by the
Northside Planning Committee and it shows that two - thirds of
that parcel is being used for housing.
Alderperson Cummings made further comments about the shortage of
dollars for housing and stated her concerns regarding this
matter.
Alderperson Daley stated that as a member of the committee, he
felt that not only will we get housing there but we will get a
lot better housing.
Alderperson Blanchard stated her reason for supporting this
resolution. She thinks it is one of the major keys to pulling
the whole Northside plan together. She stated that she feels
very strongly that this entire site should not be developed as
park. She does, however, support the limited park proposal that
the Northside plan includes at this time.
Alderperson Johnson stated that he supports the idea of the
Northside study and the crucial piece for him is that it will
include a lot of affordable housing with the park and other
agencies included.
Alderperson Booth referred to the question of toxic materials on
this parcel of land. He stated this is a large piece of land and
it has had a varied history. H,,,�((r�co,�menc ee tjo the City Attorney
that something be put inthat - if a s�nificant problem is
identified, the contract will not go through.
City Attorney Guttman stated that his understanding was that if
the Council passes this resolution, a closing will happen in the
immediate future. He understood from the negotiations with Mr.
Paolangeli, that if the closing is delayed to have that study
done, his offer to sell the property under these terms, is not
going to continue.
Further discussion followed on the floor regarding previous uses
of this land. Alderperson Booth stated that the way to deal with
the problem is to have an environmental audit done. Whether,,'_
,,__# -_pre- closing or post - closing, he is willing to leave that to
,V(Ithe City Attorney to determine. He does not want the City to
have a piece of property on its hands with a major problem.
19
471
19 May 2, 1990
Alderperson Booth further stated th
review done of this acquisition.
staff completed it and recommended
stated that he supposes that if the
that and the Council is cognizant
meets the requirements of SEQR.
at there was an environmental
Jon Meigs from the Planning
a negative declaration. He
Planning Department has done
of that fact, that probably
City Attorney Guttman stated that he has seen an environmental
assessment form which came from the Planning Department.
Basically, the essence of it was the purchase of the property
itself did not have significant environmental effects. He stated
that he has discussed this with both Mr. Van Cort and Mr. Meigs
and the understanding with which they prepared that form was when
the City got around to deciding what to do with the property a
separate SEQR evaluation would have to be done. The
environmental effects, which are likely to be significant, is not
the purchase of the property but the use of the property.
Alderperson Booth stated that he is going to vote against the
resolution. He stated that he does not think the City should
�7 spend this amount of money, for this piece of land, at this time.
Alderperson Booth said that he thinks that it is important to
E °r~ note that there is no commitment established by this vote in
terms of any particular use of this property; that remains for 4-
decision making. G�)
Further comments followed by several Alderpersons stating their
reasons for supporting this resolution.
A vote on the resolution resulted as follows:
Ayes (8) - Peterson, Hoffman, Daley, Golder, Blanchard,
Cummings, Schroeder, Johnson
Nays (2) - Booth, Romanowski
Carried
* 15.19 Bond Resolution for the Acquisition of Property
By Alderperson Booth: Seconded by Alderperson Daley
A RESOLUTION AUTHORIZING THE ISSUANCE OF $300,000 SERIAL BONDS OF
THE CITY OF ITHACA, TOMPKINS COUNTY, NEW YORK, TO PAY THE COST OF
THE PURCHASE OF A PARCEL OF LAND OF APPROXIMATELY 2 ACRES LOCATED
AT 515 FIRST STREET IN AND FOR SAID CITY.
WHEREAS, the capital project hereinafter described has been
determined to be an Unlisted Action pursuant to the regulations
of the New York State Department of Environmental Conservation
promulgated pursuant to the State Environmental Quality Review
Act, the implementation of which as proposed, the Common Council
of the City has determined will not result in any significant
environmental effects, and
WHEREAS, it is now desired to authorize the financing of such
capital project; now, therefore, be it
RESOLVED, by the Common Council of the City of Ithaca, Tompkins
County, New York, as follows:
Section 1. For the specific object or purpose of paying the
cost of the purchase of a parcel of land of approximately 2 acres
located at 515 First Street in the City of Ithaca, Tompkins
County, New York, for general municipal purposes in and for said
City, there are hereby authorized to be issued $300,000 serial
bonds of the City of Ithaca, Tompkins County, New York pursuant
to the provisions of the Local Finance Law.
J79
t.
20 May 2, 1990
Section 2. It is hereby determined that the maximum
estimated cost of the aforesaid specific object or purpose is
$300,000 and that the plan for the financing thereof is by the
issuance of the $300,000 serial bonds of said City authorized to
be issued pursuant to this bond resolution. Further details
concerning said bonds will be prescribed in a further resolution
or resolutions of this Common Council.
Section 3. It is hereby determined that the period of
probable usefulness of the aforesaid specific object or purpose
is thirty years, pursuant to subdivision 21 of paragraph a of
Section 11.00 of the Local Finance Law; provided, however, that
the maximum maturity of the serial bonds herein authorized shall
not exceed fifteen years, and therefore, pursuant to Section
107.00(d)(4) of the Local Finance Law, no down payment is
required in connection herewith.
Section 4. Subject to the provisions of the Local Finance
Law, the power to authorize the issuance of and to sell bond
anticipation notes in anticipation of the issuance and sale of
the serial bonds herein authorized, including renewals of such
notes, is hereby delegated to the City Controller, the chief
fiscal officer. Such notes shall be of such terms, form and
contents, and shall be sold in such manner, as may be prescribed
by said City Controller, consistent with the provisions of the
Local Finance Law.
Section 5. The faith and credit of said City of Ithaca,
Tompkins County, New York, are hereby irrevocably pledged for
the payment of the principal of and interest on such obligations
as the same respectively become due and payable. An annual
appropriation shall be made in each year sufficient to pay the
principal of and interest on such obligations becoming due and
payable in such year. There shall annually be levied on all the
taxable real property of said City, a tax sufficient to pay the
principal of and interest on such obligations as the same become
due and payable.
Section 6. The validity of such bonds and bond anticipation
notes may be contested only if:
1) Such obligations are authorized for an object or
purpose for which said City is not authorized to expend
money, or
2) The provisions of law which should be complied with at
the date of publication of this resolution are not
substantially complied with,
and an action, suit or proceeding contesting such validity is
commenced within twenty days after the date of such publication,
or
3) Such obligations are authorized in violation of the
provisions of the Constitution.
Section 7. This resolution, which take effect immediately,
shall be published in full in the Ithaca Journal, the official
newspaper, together with a notice of the City Clerk in
substantially the form provided in Section 81.00 of the Local
Finance Law.
J
J
473
21 May 2, 1990
The question of the adoption of the foregoing resolution was duly
put to a vote on roll call, which resulted as follows:
Cummings - Aye Peterson - Aye
Johnson - Aye Booth - Aye
Blanchard - Aye Daley - Aye
Schroeder - Aye Romanowski - Nay
Golder - Aye Hoffman - Aye
(400", Ayes (9)
Nay (1)
Carried
* 15.20 Audit
By Alderperson Booth: Seconded by Alderperson Peterson
RESOLVED, That the bills presented, as listed on Audit Abstract
#8/1990, in the total amount of $18,893.60, be approved for
payment.
�.� Carried Unanimously
15.21 Authorization for Consulting Services to Perform Needs
Assessment for Fire Department
[I�d By Alderperson Booth: Seconded by Alderperson Daley
<4. RESOLVED, That the Mayor be authorized to enter into an agreement
with a professional consulting firm for an amount not to exceed
$5,000. to perform a space needs assessment for the Fire
Department, and be it further
RESOLVED, That the 1990 Operating Budget of the Fire Department
be amended, by decreasing Account A3410 -105 Administrative
Salaries by $5,000. and by increasing Account A3410 -435
Contractual Services by $5,000., to fund the cost of the study.
(awoe Substitute Resolution
By Alderperson Booth: Seconded by Alderperson Schroeder
WHEREAS, the City's 1990 operating budget for General Fund
purposes includes estimated revenue to be derived from the
disposition of Fire Station #6, and
WHEREAS, Common Council has determined that once vacated by the
Fire Department, this property will no longer be needed for
general City purposes, and
WHEREAS, the construction of two new fire stations, one to be
located on West Hill and the other on South Hill, is nearly
complete, and
WHEREAS, the Common Council understands that the Board of Fire
Commissioners will declare Fire Station #6 to be surplus when its
use by the Fire Department as an active fire station is no longer
necessary, and
WHEREAS, with respect to the future sale of Fire Station #6 this
Common Council understands that: a) even after fire apparatus is
relocated to the new stations, the Fire Department will need
approximately two months to complete its move out of Fire Station
#6; b) the Fire Department may have temporary storage needs
arising as part of the process of moving out of Fire Station #6
and into the new fire stations, and c) the potential sale of Fire
Station #6 must not be allowed to interfere with the Fire
Department's operational activities while it still occupies that
station, and
cry) �
WHEREAS, the 1989 request made/,the Board of Fire Commissioners
and the Fire Chief to hire a consultant to review and analyze
current and future space needs for the Fire Department was not
funded, and
WHEREAS, this Common Council now desires to have a study
completed regarding the Fire Department's current and future
471
22 May 2, 1990
space needs, including office, storage, program, and training
needs, and
WHEREAS, this Common Council intends to make every reasonable
effort to meet the Fire Department's needs for additional space
that may be established by the above - mentioned space study; now,
therefore, be it
RESOLVED, That in accord with established City practices the
Fire Chief be authorized to enter into an agreement with a
professional consulting firm for an amount not to exceed
$5,000.00 to perform a space needs assessment for the Fire
Department, and be it further
RESOLVED, That the 1990 operating budget of the Fire Department
be amended, by decreasing Account A3410 -105, Administrative
Salaries by $5,000.00 and by increasing Account A3410 -435
Contractual Services by $5,000.00 to fund the cost of said study,
and be it further
RESOLVED, That the City Attorney is hereby directed to prepare a
Notice of Sale, and cause Fire Station #6 and the property
associated with that station to be advertised for public sale,
with a closing to be scheduled subsequent to the final completion
of the new fire stations, the completion of the Fire
Department's relocation into those new fire station facilities,
and the completion of the steps needed for legal authority for
Council to complete the sale.
Alderperson Booth stated that the above substitute resolution
takes into account what the Human Services Committee had done
(Agenda Item 16.5) and also takes into account what the Board of
Fire Commissioners has recently adopted. It also takes into
account the substance of the original motion and of the item
under New Business Agenda (Item 22.4).
Discussion followed regarding the different resolutions and which
resolutions should be considered in what order.
Alderperson Booth explained the differences in the resolutions to
be discussed.
Alderperson Booth explained that the substitute resolution
contains the substance of the original motion with two changes:
the account numbers have been corrected; second, the Substitute
Resolution would authorize the Fire Chief to sign this contract
consistent with established City practices.
Alderperson Booth stated that the resolution that is under New
Business directing the City Attorney to proceed with the bidding
process, is essentially covered by the Substitute Resolution,
although the Substitute Resolution includes some qualifying
language in terms of making sure the Fire Department completes
its relocation before the closing actually occurs.
Alderperson Booth further explained that in respect to the Human
Services Committee Agenda Item, the Substitute Resolution
includes the $5,000.00 study, although the payment mechanism is
now entirely out of the Fire Department budget. The Substitute
Resolution does not include the establishment of a committee to
look at a number of factors.
Finally, in regard to the resolution adopted by the Board of Fire
Commissioners, the Substitute Resolution does not contain certain
Whereas clauses from the Board because those are statements by
the Board of Fire Commissioners; they stand on their own merits;
and they are not necessary to Council's resolution. Alderperson
Booth stated that the Substitute Resolution incorporates the
first Resolved from the Board's resolution to the effect that
there will be two months needed to completely move out of Fire
47 1)
23 May 2, 1990
Station #6 and that there may be a need to secure temporary
storage space during the relocation. The Substitue Resolution
does not include the Resolved statement by the Board of Fire
Commissioners about their cooperating fully. With regard to the
four contingencies that are at the bottom of the Board's
resolution, the Substitute Resolution includes contingency (d);
it substantially includes contingency (c) although the Substitute
Resolution includes somewhat different language; it includes
contingency (b) which is the $5,000.00 study being paid out of
the Fire Department budget; it does not include contingency (a).
Alderperson Booth stated that the reason he did not include
contingency (a) in the Substitute Resolution is because he does
not think the Council can bind this Council or any future
Council regarding amendments to the City Charter.
Alderperson Romanowski stated that there is a Town and City
contract and he asked how that binds Charter provisions at least
�! while the contract is still in force. He stated that there might
�� -� very well be a legal status which very much impacts on what we
i..ti try to do with the Charter at least for the amount of time this
My➢ contract runs.
[T] City Attorney Guttman stated that he has looked at the contract
that was entered into by the City and the Town and he thinks
there are a few important points to note. First, given the way
the contract is written, the party of the first part is
collectively referred to as the City of Ithaca and the Board of
Fire Commissioners. He thinks that a very strong argument can be
made that the Town in entering into a contract under those terms
was acknowledging the Board of Fire Commissioners as not a
separate entity from the City of Ithaca but as a portion of the
City of Ithaca�Wthat the Town was not intending to enter into a
three party agreement. He felt the contract was clearly
designated as a two party agreement. Second, one of the
conditions of that contract was that the Ithaca City Council was
to revise the Charter with respect to the Board of Fire
Commissioners: namely, to increase the Board of Fire
Commissioners by two members, which would be Town members. City
Attorney Guttman stated that by putting that into the contract,
there is an explicit recognition by the Town that the Ithaca City
Council has the right, at that time, and obviously in the future,
to change the Charter. That is a power that is vested in the
City Council and by having that spelled out right in the
contract, he thinks it eliminates any argument the Town could
make that the City Council does not have the authority to change
the Charter. As a matter of fact, in that contract, the Town is
saying 'we want you to change the Charter'.
City Attorney Guttman said that the final point is that it is
clear under the law, historically, and under the authority of the
City Council that Council does have the power to amend the City
Charter. At this point, the communications we have received from
the Town are simply to the effect of 'if you are going to move in
that direction, please keep us informed'. He thinks there is an
implied understanding in that contract that the City has an
obligation to keep an effective Fire Department operating. If
(400" the City were to take steps which could be judicially determined
to prevent the Fire Department from operating effectively, the
Town could say that was a basic underlying assumption of the
contract.
City Attorney Guttman stated that his position, at this point, is
that Council has the authority, the power, to change the Charter
and use of that power does not abrogate the contract.
Further discussion followed on the floor in regard to the City
Charter.
476
24
May 2, 1990
Amendment to Substitute Resolution
By Alderperson Daley: Seconded by Alderperson Romanowski
RESOLVED, That there be a further Resolved clause added to the
resolution that reads: "RESOLVED, That the Common Council is not
now considering a change in the City Charter with regards to the
powers of the Board of Fire Commissioners."
Alderperson Booth asked the City Attorney if it makes any
difference whether this recommendation that Alderperson Daley has
made is a Resolved clause as opposed to a Whereas clause.
City Attorney Guttman stated that as far as he is concerned, he
agrees with Alderperson Booth's prior statement, that Council is
incapable of binding future Councils. Based on that, he does not
think it makes a difference whether it is a Resolved or a
Whereas.
Alderperson Booth asked Attorney Guttman, if he is clear as the
City Attorney, that this statement would not limit the powers of
this Common Council.
City Attorney Guttman responded that he- does not think the
Council has the authority to limit its powers in a future
meeting. He thinks it would be unconstitutional to do so.
Alderperson Romanowski stated that should be included because of
the spirit it would provide to the entire Substitute Resolution.
This further Resolved clause would not be binding because
circumstances can change and people fully understand that this is
a possibility. At this point in time, for this particular
resolution, at least this further Resolved clause would provide
some reassurance for people who are very concerned about what is
going on.
Board of Fire Commissioners Chairperson Cornelius, referred to
Section 3.8 of the City Charter which describes the power of the
Common Council. He said that the Board of Fire Commissioner's
interpretation of that section is that the Common Council does
not have the power under local law to change the powers of
departments or boards.
Alderperson Booth clarified this discussion by reading the
following from Section 3.8 of the Charter: "It shall also have
such powers of legislation by ordinance or resolution as are
conferred upon it by this Charter or any other provision of law
affecting the City not inconsistent with this Charter except such
as are specifically conferred by this Charter upon any separate
department or board of the City government."
Alderperson Booth stated that he believes what that means is when
the Charter assigns some duty to some other board, that board has
the responsibility to fulfill that duty, but he does not believe
that that language says Council is without the authority to amend
the City Charter.
City Attorney Guttman stated that you have to read that in
connection with the first sentence of that section of the
Charter, which says "The legislative power of the City is vested
in the Common Council and it has power to enact and enforce any
ordinance or resolution not repugnant to the Constitution or
laws of this State." He said that if you read those two
together, he agrees with Alderperson Booth's reading. He said
that while specific power is conferred on a department or a
board, that department or board exercises that power; everything
not delegated, automatically falls to Council. The Section goes
on to say "It shall also have such powers of legislation" and the
word "also" there would be in addition to its general legislative
power which includes the power to amend the Charter.
4,'#, 7
25 May 2, 1990
City Attorney Guttman further stated that if Council is rewriting
the Charter with respect to changing the way in which real
property is conveyed, there are permissive referendum provisions
in the Municipal Home Rule Law. That is not covered by this.
That does not mean that the Council does not have the authority
to change the Charter.
Mayor Nichols, for clarification, stated that the Council could
not simply pass by resolution a change in the powers of the Fire
Commissioners. The Council could not adopt a resolution to sell
#6 which under present Charter now says "requires the approval of
the Fire Commissioners ". We cannot do that because under the
current Charter, the Fire Commissioners have that power, but that
does not forbid Council from changing the Charter in any form by
proper procedures.
A vote on Alderperson Daley's amendment to the substitute
resolution resulted as follows:
(() Ayes (9) - Blanchard, Romanowski, Daley, Johnson, Peterson,
Hoffman, Schroeder, Golder, Booth
Nay (1) - Cummings
Carried
Mayor Nichols asked if there was any objection to the substitute
resolution being accepted. There was no objection. Therefore,
the substitute resolution as amended is the motion on the floor
for consideration.
Alderperson Booth stated that the Substitute Resolution
authorizes the Fire Chief to sign that contract consistent with
City policy, which as he understands it, would require the
signature of the City Attorney, and the City Controller and
himself as Chairperson of the Budget and Administration.
Committee.
Alderperson Booth further stated that Chief Olmstead has told him
that this was an important matter to the Board of Fire
Commissioners: i.e., that it was important that the Chief have
the authority to sign the contract.
Amending Resolution
By Alderperson Daley: Seconded by Alderperson Johnson
RESOLVED, That there be a further Resolved added to read as
follows: "RESOLVED, That a selection committee(y)
consisting of two (2) commissioners, one of which should be from
the Town of Ithaca, two (2) Common Council members, one of which
would be the liaison to the Fire Commissioners, the Fire Chief
and the Mayor be formed to choose the consultant to perform these
services."
carried Unanimously
Alderperson Schroeder stated that he would like some indication
from the Fire Commissioners whether the first language that
Alderperson Daley added to the resolution is sufficient to the
degree that the Fire Commissioners would still be willing to
bless the sale of the fire station.
Mayor Nichols clarified that the question basically is, whether
the motion in its present form, meets the conditions that the
Fire Commissioners have set in their motion and whether they
would be prepared to declare Station #6 surplus at the time when
it is actually not needed for operations.
Further discussion
followed on the floor on the amended
substitute resolution.
Mayor Nichols stated
that as he
reads the substitute resolution
now, the entire authority
to decide
the professional consulting
firm to be hired and
the terms
of that contract lies with the
Fire Chief. He asked
Alderperson
Booth if that is his intent.
Alderperson Booth stated that the Substitute Resolution
authorizes the Fire Chief to sign that contract consistent with
City policy, which as he understands it, would require the
signature of the City Attorney, and the City Controller and
himself as Chairperson of the Budget and Administration.
Committee.
Alderperson Booth further stated that Chief Olmstead has told him
that this was an important matter to the Board of Fire
Commissioners: i.e., that it was important that the Chief have
the authority to sign the contract.
Amending Resolution
By Alderperson Daley: Seconded by Alderperson Johnson
RESOLVED, That there be a further Resolved added to read as
follows: "RESOLVED, That a selection committee(y)
consisting of two (2) commissioners, one of which should be from
the Town of Ithaca, two (2) Common Council members, one of which
would be the liaison to the Fire Commissioners, the Fire Chief
and the Mayor be formed to choose the consultant to perform these
services."
carried Unanimously
Alderperson Schroeder stated that he would like some indication
from the Fire Commissioners whether the first language that
Alderperson Daley added to the resolution is sufficient to the
degree that the Fire Commissioners would still be willing to
bless the sale of the fire station.
Mayor Nichols clarified that the question basically is, whether
the motion in its present form, meets the conditions that the
Fire Commissioners have set in their motion and whether they
would be prepared to declare Station #6 surplus at the time when
it is actually not needed for operations.
26 May 2, 1990
Mayor Nichols stated that since the amending resolution does not
assert who the other Council member would be, it would be the
Chair of the Human Services Committee (the other member to serve
on the selection committee would be Alderperson Daley, as
Liaison to the Board of Fire Commissioners).
Alderperson Hoffman commented that he assumes other Council
members also want it to be understood that if major new
investments are considered or recommended for space needs, that
the Town should participate. He asked if the eighth Whereas
clause implies support from the Town in some way.
Alderperson Booth responded that he tried not to address that
question and he spoke with Chief Olmstead about this. He stated
that his understanding of this commitment is,,�&hat if we adopt
this resolution, we would take the study as ^is completed; we
would look at it honestlyv 'If it determined that there were
needs we would try to meet those needs; but this resolution does
not guarantee any set of conclusions about what Council will do.
Alderperson Booth stated that he would prefer at this stage not
to say what the Town might or might not do. He thinks those
decisions are subject to future discussions and negotiations and
he thinks those are all possible under this contract. CY)
Mayor Nichols asked City Controller Cafferillo to explain the
Town's role in this if the Council did decide to go ahead with
new space needs.
City Controller Cafferillo stated that according to the contract,
if the magnitude of the investment for renovation and
construction exceeds $100,000 or $200,000 in any one year, the
Town Board has to approve that expenditure or they do not
participate. The Common Council always has the option of paying
the full consideration, but if the Town is going to participate
at 27 percent in one of the stations within the City or 70
percent in one of the stations which is located within the Town,
then the Town Board would have to approve the expenditure if it
exceeds those limits.
Alderperson Booth asked Alderperson Hoffman if he is troubled by
the language that is here.
Alderperson Hoffman said that as long as it is understood that
this is not a guarantee that Council is committing itself to
approving any investments in fire facilities, he is willing to
agree. This is fairly strong language and for himself he would
want the Town to agree and to participate in any major new
investments that may be necessary.
Mr. Cornelius stated that the Fire Commissioners, by a vote of
two to one in a caucus that they just held, thought they could go
along with this. He stated that the Fire Commissioners have no
illusions that the one whereas that states "Common Council
intends to make every reasonable effort ", means that Council is
saying that they are going to do it. Everything depends on how
much money and where things are and what can be done. He said
that the Fire Department is not getting an awful lot out of this.
They are paying for the study, they are losing a fire station,
they are keeping their powers temporarily. They have given in to
selling the station and he thinks the general consensus is that
rather than create any additional problem, this is the best
solution at this time.
'179
27 May 2, 1990
Alderperson Romanowski stated that it is a separate question of
what happens after the study. It is a matter of establishing
priorities and what Council thinks is more important -- whether
we give money away to something else or give it to the Fire
Department or Police Department or whatever it is. Once a study
is made and a needs assessment is made, what has to happen next
is a commitment and a priority for doing or not doing what comes
out of a study such as this.
Substitute Resolution as Amended
A vote on the Substitute Resolution as Amended resulted as
follows:
Carried Unanimously
Recess
Common Council recessed at 10:10 p.m. and reconvened in regular
session at 10:25 p.m.
HUMAN SERVICES COMMITTEE:
(A) * 16.1 Criteria for Funding Human Services Agencies
If3 By Alderperson Johnson: Seconded by Alderperson Blanchard
`- WHEREAS, the City of Ithaca will consider appropriating a portion
of its 1990 general operating funds for support of local human
service agencies, and
WHEREAS, the Human Services Coalition is funded in part by the
City of Ithaca to provide an objective overview of human service
needs and provision, and to evaluate requests for City support;
now, therefore, be it
RESOLVED, That all 1991 requests for city
agencies seeking to provide non - mandated hu
submitted to the Human Services Coalition
time deadlines, and be it further
RESOLVED, That the Coalition shall report
Human Services Committee of Common Council
and be it further
funding from private
man services shall be
for review by their
its findings to the
by August 15, 1990,
RESOLVED, That the following criteria shall be used by the
Coalition in its review of requests:
A -1. The application shall be received by the Human Services
Coalition by Friday, May 25, 1990 and the applicant
must complete the Human Services Coalition review
process in a timely manner.
A -2. An application may be reviewed either through the Human
Services Coalition review for human services proposals,
or through the process review for other types of
proposals, but not both.
A -5. If the applicant received city funds in 1990, the
applicant shall have demonstrated that they performed
effectively under the contract.
B. The Coalition shall award points for the degree to which
the proposal meets the following criteria, on a scale of 1 to 5,
5 being the most desirable rating, for each criterion; if
applicant does not supply sufficient information for Coalition to
make a judgment, the proposal receives zero points in each such
case.
A -3. The applicant must
also request funding from the County
and /or appropriate
town(s) if more than 5%
of those
served by the proposal are not city residents.
A -4 Applicant must submit the following materials:
budgets
for 1990 and 1991,
financial reports for 1988
and 1989,
we
and enumeration of
other funding sources.
A -5. If the applicant received city funds in 1990, the
applicant shall have demonstrated that they performed
effectively under the contract.
B. The Coalition shall award points for the degree to which
the proposal meets the following criteria, on a scale of 1 to 5,
5 being the most desirable rating, for each criterion; if
applicant does not supply sufficient information for Coalition to
make a judgment, the proposal receives zero points in each such
case.
4.80
►:
May 2, 1990
B -1. Proposal will serve city residents in proportion to
city funding requested compared to total program
budget.
B -2. The proposal will serve an identified need which does
not duplicate another service, with higher points
allocated in proportion to the severity of the problem
in the city.
B -3. Points will be allocated in proportion to the severity
of the effect on or demand for services from city
departments and /or other human service providers if
this proposal is not funded by the city.
B -4. The proposal is designed to effectively meet the needs
of its clients; proposal includes measurable
objectives.
B -5. The agency has been effective in securing and managing
needed fiscal resources, e.g., developed internal
controls, sought other funds, invested reserves.....
B -6. Population to be served by proposal can be shown to be
a population in financial need (i.e. federal poverty
guidelines).
B -7. Agency has thoroughly sought other sources of funding.
B -8. Agency has demonstrated extreme financial need for
itself due to increased case load or loss of funding or
extreme financial need on the part of the clients it
serves - up to 3 points.
din
B-9. The request for city funding is less than half of that
requested for County funding,
and be it further
RESOLVED, That the Human Services Coalition shall review all
proposals that meet criteria A -1 through A -4, shall recommend
whether each request should be fully or partially funded, and
shall consider both new and previously funded agencies, and shall
inform the applicant of the Coalition's recommendation and make a
copy of such report available to the applicant, and be it further
RESOLVED, That the Human Services Coalition devise a plan, the
goal of which is to reduce by 25% the total time and money
agencies must spend on local review by funders for the 1992
funding cycle and by 25% for the 1993 funding cycle.
Carried Unanimously
* 16.2 Funding Guidelines
By Alderperson Johnson: Seconded by Alderperson Daley
WHEREAS, the City of Ithaca recognizes its commitment to
supporting human services delivery for its citizens, and
WHEREAS, an indication of the financial level of support assists
the Human Services Coalition in recommending dollar amounts for
each agency; now, therefore, be it
RESOLVED, That the city will make every effort to meet, at least,
the amount of 1990 human services funding ($104,667).
Discussion followed on the floor.
A vote on the resolution resulted as follows:
Ayes (8) - Peterson, Johnson, Booth, Daley, Golder,
Blanchard, Cummings, Schroeder
Nays (2) - Hoffman, Romanowski
Carried
181
W
May 2, 1990
Committee to Review Other Service Agencies
Mayor Nichols appointed Alderpersons Daley, Booth, and Golder to
serve on a committee with the City Controller to review other
service agency requests.
* 16.3 Domestic Partnership
By Alderperson Johnson: Seconded by Alderperson Golder
WHEREAS, Common Council has been requested to consider a domestic
partnership ordinance that provides unmarried couples and
dependents with the opportunity to enjoy some of the benefits
given to married couples and dependents within the areas of
health and other insurance benefits, next -of -kin visitation
rights, bereavement and parental leave and zoning; now,
therefore, be it
RESOLVED, That the Charter and Ordinance Committee draft an
ordinance that would extend such aforementioned benefits, and
RI be it further
«j RESOLVED, that Common Council delegate to the Budget and
Administration Committee the responsibility of exploring the cost
of extending the aforementioned benefits under several
alternative employee benefit packages, and be it further
<' RESOLVED, That both of these committees complete the necessary
work and present this information and ordinance to the Human
Services Committee.
Alderperson Golder stated that he has spoken with the City
Attorney regarding this resolution and he needs to make a
disclosure. His domestic partner stands to benefit if it is
passed, however, that does not mean that he needs to abstain or
can't discuss anything about this resolution.
Discussion followed on the floor regarding the proper committees
to handle this resolution.
Amending Resolution
By Alderperson Golder: Seconded by Alderperson Blanchard
RESOLVED, That in the first Resolved Clause, the words "extend
such aforementioned benefits" be stricken and the following words
be inserted in their place: "create a legal domestic partnership
status ".
A vote on the amendment resulted as follows:
Ayes (7) - Johnson, Golder, Blanchard, Peterson, Hoffman,
Schroeder, Daley
Nays (3) - Cummings, Romanowski, Booth
Carried
Discussion followed on the floor with several of the
Alderpersons expressing their opinions for and against this
legislation.
Amending Resolution
By Alderperson Booth: Seconded by Alderperson Blanchard
RESOLVED, That the three Resolved Clauses be deleted and the
following Resolved clauses be inserted in their place:
"RESOLVED, That Common Council refers this matter to the Charter
and Ordinance and Budget and Administration Committees to
consider the legal and budget implications of this proposal and
to prepare such proposals as those committees determine
appropriate, and be it further RESOLVED, That both of these
committees complete their necessary work and present the
information they develop to the Human Services Committee."
4892
30
Discussion followed on the Amending Resolution.
Ayes (4)
Nays (6)
May 2, 1990
- Booth, Blanchard, Romanowski, Cummings
- Johnson, Daley, Golder, Schroeder, Hoffman,
Peterson
Motion Fails
Amending Resolution
By Alderperson Daley: Seconded by Alderperson Golder
RESOLVED, That the last Resolved Clause shall be changed to read
as follows:
"RESOLVED, That both of these committees complete the necessary
work and report their recommendations back to Council.
Ayes (6) - Daley, Golder, Cummings, Blanchard, Romanowski,
Peterson
Nays (4) - Booth, Johnson, Hoffman, Schroeder
Carried
Amending Resolution
By Alderperson Cummings: Seconded by Alderperson Johnson
RESOLVED, That the first Whereas shall read as follows:
"WHEREAS, Common Council is considering a domestic partnership
ordinance that provides those unmarried couples who do not have
leaal access marriage and their dependents with the
opportunity... etc."
Ayes (2) - Cummings, Johnson
Nays (8) - Romanowski, Blanchard, Daley, Golder, Schroeder,
Hoffman, Peterson, Booth
Motion Fails
Amending Resolution
By Alderperson Booth: Seconded by Alderperson Daley
RESOLVED, That in the first Whereas Clause, the term "zoning" be
deleted.
Ayes (6) - Booth, Hoffman, Peterson, Cummings,
Romanowski, Blanchard,
Nays (4) - Golder, Schroeder, Daley, Johnson
Carried
Amending Resolution
By Alderperson Golder: Seconded by Alderperson Hoffman
RESOLVED, That a Whereas Clause be added to read as follows:
"WHEREAS, discrimination based on marital status, although
outlawed by Federal, State and City legislation, is still
practiced"
Discussion followed on the floor on whether or not this was a
true statement.
Alderperson Golder's amending resolution was withdrawn at the
suggestion of Mayor Nichols who noted that all we are doing is
trying to get Committees to look into this subject and spending
all this time getting exact wording for a referral resolution was
not necessary.
Main Motion as Amended
A vote on the Main Motion as Amended resulted as follows:
Ayes (7) - Johnson, Daley, Blanchard, Peterson, Hoffman,
Schroeder, Golder
Nays (3) - Booth, Romanowski, Cummings
Carried
W�
`1 8 3
31 May 2, 1990
The Main Motion as Amended shall read as follows:
WHEREAS, Common Council has been requested to consider a domestic
partnership ordinance that provides unmarried couples and
dependents with the opportunity to enjoy some of the benefits
given to married couples and dependents within the areas of
health and other insurance benefits, next -of -kin visitation
rights, and bereavement and parental leave; now, therefore, be
it
RESOLVED, That the Charter and Ordinance Committee draft an
ordinance that would create a legal domestic partnership status,
and be it further
RESOLVED, that Common Council delegate to the Budget and
Administration Committee the responsibility of exploring the cost
of extending the aforementioned benefits under several
alternative employee benefit packages, and be it further
(eta RESOLVED, That both of these committees complete the necessary
I.�Vf work and report their recommendations back to Common Council.
GIAC Renovations
By Alderperson Johnson: Seconded by Alderperson Daley
WHEREAS, Common Council has authorized the preparation of a
schematic design of renovation at GIAC, by an architectural firm
to be selected; now, therefore, be it
RESOLVED, That Common Council authorizes a design of renovations
at GIAC that does not include a licensable Day Care Center, and
be it further
(400", RESOLVED, That subject to guidelines specified by the Budget and
Administration Committee, the Planning staff shall solicit
interested architects to present their qualifications and
proposals to design the renovations, and be it further
RESOLVED, That the choice of an architect be reviewed by the
committee previously established for review of architects for the
GIAC pool, and be it further
RESOLVED, That the Budget and Administration Committee is
authorized to approve the contract with an architect, and be it
further
RESOLVED, That the Planning staff, in consultation with the Drop -
in Center and Day Care Council prepare a list of Day Care Program
alternate licensable sites for a Day Care Center, and be it
further
RESOLVED, That the Human Services Committee shall, within 60
days, make a viable site recommendation to Common Council.
Alderperson Hoffman stated that he has proposed some amendments
in a resolution that he passed out to Council that reads as
follows:
"WHEREAS, Common Council has established a capital project for
the purpose of renovating the Greater Activites Center building;
now, therefore, be it
RESOLVED, That Common Council authorizes a design a renovations
at GIAC that is based generally on "Scheme 2" as described by
Robert Boehlecke, an architect hired by the City, in a report
dated 9- 30 -87; said design to include an elevator but not to
include expanded, licensable daycare facilities at GIAC, and be
it further
491
32 May 2, 1990
RESOLVED, That subject to guidelines specified by the Budget and
Administration Committee, the Director of Planning and
Development shall solicit interested architects to present their
qualifications and proposals to design the renovations, and be it
further
RESOLVED, That Common Council authorizes the establishment of a
GIAC Renovatins Client Commikttee, to review and make a
recommendation on the choice of an architect; said committee to
include representatives from the staff of the Youth Bureau, GIAC,
the Department of Public Works, and the Planning and Development
Department, one representative from the GIAC Board of Directors,
and two representatives from the Common Council, and be it
further
RESOLVED, That the Budget and Administration Committee is
directed to make a recommendation on a contact with an architect
to Common Council."
Discussion followed on Alderperson Hoffman's "Whereas" Clause.
City Controller Cafferillo stated that there was a resolution
presented to Council in November of 1989 and in that resolution
there was language that would have included a capital project.
That resolution was amended by Council appropriating $10,000 to
do a schemactic design and not establishing a capital project at
that point in time.
Alderperson Hoffman withdrew the "Whereas" from his amended
resolution.
Alderperson Hoffman explained his reasoning for his amended
resolution and discussion followed on the floor with comments
being made by GIAC staff persons, Alderpersons Booth, Blanchard
and Romanowski.
Alderperson Hoffman withdrew the first Resolved clause from his
amended resolution.
Motion to Extend Meeting
By Alderperson Romanowski: Seconded by Alderperson Blanchard
RESOLVED, That this Common Council meeting be extended one -half
hour.
Ayes (8) - Golder, Johnson, Schroeder, Booth, Blanchard,
Romanowski, Cummings, Hoffman
Nays (2) - Daley, Peterson
Carried
Motion to Refer to Committee
By Alderperson Schroeder: Seconded by Alderperson Booth
RESOLVED, That the GIAC renovations Resolution be referred back
to the Human Services Committee to determine precise wording and
consideration of all the concerns expressed at tonight's meeting.
Ayes (3) - Schroeder, Booth, Peterson
Nays (6) - Daley, Johnson, Hoffman, Romanowski, Blanchard,
Golder t`j
Alderperson Cummings was out of the room when vote was
taken.
Motion Fails
Amending Resolution
By Alderperson Hoffman: Seconded by Alderperson Daley
RESOLVED, That the Fourth and Fifth Resolved Clauses from the
original Resolution be deleted and the two Resolved Clauses from
Alderperson Hoffman's amended resolution be inserted.
No Council member objected. Therefore, the change was made.
485
33
May 2, 1990
Alderperson Peterson suggested that the word "viable" be stricken
from the last Resolved. No Council member objected. Therefore,
the word was stricken.
Further discussion followed on the floor with regards to a
daycare site. It was agreed that every possible effort will be
made to locate an alternate licensable site.
(Woo" Main Motion as Amended
A vote on the Main Motion as Amended resulted as follows:
Ayes (8) - Romanowski, Daley, Hoffman, Johnson, Peterson,
Golder, Schroeder, Blanchard
Nay (1) - Booth
Alderperson Cummings was out of the room when the vote
was taken.
Carried
The Main Motion as Amended shall read as follows:
lg.
r'
WHEREAS, Common Council has authorized the preparation of a
�j schematic design of renovation at GIAC, by an architectural firm
to be selected; now, therefore, be it
RESOLVED, That Common Council authorizes a design of renovations
at GIAC that does not include a licensable Day Care Center, and
be it further
RESOLVED, That subject to guidelines specified by the Budget and
Administration Committee, the Director of Planning and
Development shall solicit interested architects to present their
qualifications and proposals to design the renovations, and be it
further
RESOLVED, That Common Council authorizes the establishment of a
GIAC Renovations Client Committee, to review and make a
recommendation on the choice of an architect; said committee to
include representatives from the staff of the Youth Bureau,
GIAC, the Department of Public Works, and the Planning and
Development Department, one representative from the GIAC Board of
Directors, and two representatives from the Common Council, and
be it further
RESOLVED, That the Budget and Administration Committee is
directed to make a recommendation on a contract with an architect
to Common Council, and be it further
RESOLVED, That the Planning staff, in consultation with the Drop -
in Center and Day Care Council prepare a list of Day Care Program
alternate licensable sites for a Day Care Center, and be it
further
RESOLVED, That the Human Services Committee shall, within 60
days, make a site recommendation to Common Council.
* 16.5 Fire Department Space Needs Study
This item was withdrawn from the Agenda.
44600, * 16.6 Small Cities Housing Fund
By Alderperson Johnson: Seconded by Alderperson Blanchard
WHEREAS, the Human Services Committee and the IURA /CDA have
discussed utilization of 1987 CDBG Small Cities Grant Funds (10th
year S.C.) and the lack of requests from property owners for
loans for rental units and owner occupied units, and
WHEREAS, the Human Services Committee is in support of replacing
lost rooming units for single individuals with fireproof, decent,
safe, standard, handicapped accessible rooming units, and
860
34 May 2, 1990
WHEREAS, the private developer, Chartwell Associates is in need
of a matching loan at below market rates of $170,000 for this
$340,000 newly constructed Group Home for 16 very low income
single adults to be located at 322 North Meadow Street, and
WHEREAS, INHS and the IURA /CDA has voted affirmatively to make a
loan of $170,000 at 05% for 15 years to Chartwell Associates and
have completed final loan commitment documents, and
WHEREAS, development of his housing facility represents a unique
combination of public and private agencies cooperating in support
of this project; now, therefore, be it
RESOLVED, That the Human Services Committee supports the
reprogramming and recommends the Common Council hold the
requisite public hearing and support this reprogramming on May 2,
1990.
Alderperson Romanowski, for the record, stated that he has
canvassed the neighborhood quite extensively and people have
called him. The Council has heard tonight some of the
neighborhood concerns. We are talking about the First Ward and
our commitment to housing for low - income people, moderate - income
people, people with handicaps, etc.
Alderperson Romanowski read the following list of housing
projects in the First Ward: 143 Chestnut Street, 149 Chestnut
Street, 209 Elm Street, 129 Park Place, 320 Washington Street,
502 West Court, Landmark Square, West Village, Chestnut
Apartments, the Hancock Street project. We have a group home on
Floral Avenue, a group home in the 500 block of West Buffalo
Street, the Red Cross Shelter on West Court Street. For single
room occupancy we have the V.I.P. Motel, a HOMES, Inc. facility
on West Green Street that is going to be coming on line, the
Union Hall Tavern which has single room occupancy on West State,
J &B Tavern on West Seneca Street, the Farmers and Shippers, etc.
He said that he could go on and on.
Alderperson Romanowski said that if Council approves this
tonight, this is it for the First Ward. He stated to Council
that if they have a commitment for people and housing, and all
that is associated with it, they should start taking their share.
He thinks the First Ward has more than enough.
Alderperson Blanchard stated that Alderperson Romanowski,
Alderperson Golder and she met with the project developer that
represented Chartwell, the County Housing Coordinator and
representatives of the Planning staff. She said that they talked
about management issues and design considerations. There was an
agreement reached with the developer and with the County Housing
Coordinator who is responsible for seeing that the management of
this project works. They discussed some design recommendations
and on the basis of those things they have developed the
amendment that was placed on the Alderperson's desks this
evening.
Alderperson Blanchard stated that as First Ward representatives,
Alderperson Romanowski and she have concluded that if the Council
can live with these conditions, they can accept this project.
Therefore, she is offering the following Resolved with the
conditions as an amendment to the Resolution.
Amending Resolution
By Alderperson Blanchard: Seconded by Alderperson Schroeder
Following the last Whereas:
RESOLVED, That the Common Council approves the reprogramming of
1987 CDBG funds to support the above - described project subject to
the following conditions:
K"
35 May 2, 1990
1. That Chartwell Associates, in cooperation with the County
Housing Coordinator, establish a Management Oversight
Committee by 1 June .1990 to be comprised of the County
Housing Coordinator, one additional representative from the
Department of Social Services, one representative from
Mental Health Community Support Services, one representative
from the Ithaca Housing Authority and two representatives
from the neighboring community (preferably one business and
one resident representative).
2. That the Management Oversight Committee establish and adopt
(1) criteria and a mechanism for the selection of tenants,
and (2) rules and regulations for the operation and
maintenance of the SRO facility, and that such criteria,
rules and regulations be in place by 1 July 1990.
3. That the Management Oversight Committee be expanded to
C\j include the Resident Manager of the facility and two tenants
at such time as the facility is completed and occupied.
�) 4. That Chartwell Associates redesign the facility to include a
y) second floor bathroom that includes, at a minimum, a water
�f?�l closet and sink, and
5. That Chartwell Associates continue to work cooperatively
with the City Planning Department staff on exterior
materials and landscaping of the facility.
Discussion followed on the floor with Community Development
Administrator Evans answering questions from Council members.
(400."
A vote on the Amendment resulted as follows:
Carried Unanimously
Motion to Extend Meeting
By Alderperson Johnson: Seconded by Alderperson Cummings
RESOLVED, That this Council meeting be extended five minutes to
finish discussion of this item.
Carried Unanimously
Further discussion followed on the floor on the Main Motion as
Amended.
Main Motion as Amended
A vote on the Main Motion as Amended resulted as follows:
Carried Unanimously
Motion to Extend Meeting
By Alderperson Schroeder: Seconded by Alderperson Johnson
RESOLVED, That this Council meeting be extended for one -half
hour.
Ayes (7) - Hoffman, Johnson, Schroeder, Booth, Cummings,
Romanowski, Blanchard
Nays (3) - Peterson, Daley, Golder
Carried
(600" Arts Coalition - Report
Alderperson Johnson withdrew his report on the Arts Coalition.
488
36 May 2, 1990
CHARTER AND ORDINANCE COMMITTEE:
* 17 1 A Local Law Amending Ithaca City Charter Article II
Entitled 'City Officers', Section 2.13 Entitled 'Community
Police Board' and Section 2.15 Entitled 'Selection of Members of
Police Department; Compensation, Duties of Policemen and Special
Policemen'
By Alderperson Peterson: Seconded by Alderperson Hoffman
LOCAL LAW OF THE YEAR 1990
A LOCAL LAW AMENDING ITHACA CITY CHARTER, ARTICLE II ENTITLED
'CITY OFFICERS, SECTION 2.13 ENTITLED 'COMMUNITY POLICE BOARD'
AND SECTION 2.15 ENTITLED 'SELECTION OF MEMBERS OF POLICE
DEPARTMENT; COMPENSATION DUTIES OF POLICEMEN AND SPECIAL
POLICEMEN'
BE IT ENACTED by the Common Council of the City of Ithaca,
New York as follows:
SECTION 1. AMENDING ARTICLE II, SECTION 2.13 THEREOF
Section 2.13 of Article II of the Ithaca City Charter is
hereby amended to read as follows:
Section 2.13 Community Police Board
The Mayor shall appoint a Community Police Board, subject to the
approval of Common Council. The Community Police Board shall
consist of five commissioners, no more than two residing in any
one ward of the City. The term of office of each commissioner
shall be three years, commencing on the first day of January. No
more than two commissioners shall be appointed in any one year.
The terms of the three existing commissioners shall continue
unchanged. No elected City official shall be a member of the
Community Police Board. A commissioner shall hold office until
his /her successor shall have been chosen and qualified. A
vacancy for an unexpired term may be filled in the manner set
forth under this Charter, except that the limitation on the
number of appointments per year shall not apply. All
commissioners shall be duly qualified electors of the City of
Ithaca for at least two years immediately preceding their
appointment. All commissioners shall serve without salary.
The Community Police Board may recommend rules, by -laws and
regulations for the government of the Police Department of the
City, not inconsistent with the laws of this State, which may be
promulgated through the Chief of Police to the whole force. The
Chief of Police shall have the immediate direction and control of
the police in the administration of the rules, bylaws and
regulations of the Department.
The Community Police Board shall act as community liaison to the
Police Department, actively fostering positive communication
between the police and all segments of the community; it shall
make provisions for resolving complaints by the citizenry related
to the delivery of police services; using established procedures,
it may recommend action against any member of the Police
Department; it shall recommend on its own initiative or at the
request of the Mayor, Common Council or the Police Chief on any
matter affecting the policy or performance of the Police
Department, including finances and budget; it shall perform such
other related duties as requested by the Mayor or Common
Council.
489
37 May 2, 1990
SECTION 2. AMENDING ARTICLE II, SECTION 2.15 THEREOF
Section 2.15 of Article II of the Ithaca City Charter is
hereby amended to read as follows:
Section 2.15 Selection of members of Police Department;
Compensation, duties of Police Officers
1. The Mayor shall appoint all members of the police department.
The mayor may appoint the chief of police, a deputy chief of
police, and such captains, lieutenants and sergeants as
authorized by the Common Council. The chief of police, staff
officers, and police officers shall receive for their services
such compensation as shall be fixed by the common council.
The chief of police, staff officers, and police officers shall
severally possess the powers and authority provided in the
Criminal Procedure Law and under all other applicable statutes of
this state, other than in civil actions or proceedings. They
shall also perform such duties as shall be prescribed by this
Charter and the police commissioners for the preservation of the
public peace, the care of the city property, and the enforcement
of the police regulations and municipal ordinances of the city.
4 It shall be the duty of the chief of police to keep a record of
all arrests and of all services performed by the Police
Department and keep a record of all articles taken from persons
arrested or seized on warrant or otherwise, together with the
disposition made thereof. The Chief of Police shall, upon
request of the police commissioners, make a report as to the
condition of the department, and whether any member of the force
is delinquent in the performance of the rules and regulations
prescribed for the control and conduct of the police officers,
and of the directions given by the mayor or common council in
relation thereto.
SECTION 3. EFFECTIVE DATE.
This Local Law shall take effect immediately after filing in
the Office of the Secretary of State.
Carried Unanimously
* 17.2 An Ordinance Amending Section 55.25 Entitled 'Penalties
for Violation of Noncompliance with Article' of Chapter 55
Entitled 'Fire Regulations' of the City of Ithaca Municipal Code
By Alderperson Peterson: Seconded by Alderperson Daley
ORDINANCE NO. 90 -
AN ORDINANCE AMENDING SECTION 55.25 ENTITLED 'PENALTIES FOR
VIOLATION OF NONCOMPLIANCE WITH ARTICLE' OF CHAPTER 55 ENTITLED
'FIRE REGULATIONS' OF THE CITY OF ITHACA MUNICIPAL CODE.
BE IT ORDAINED AND ENACTED by the Common Council of the City
of Ithaca, New York, that an ordinance amending Section 55.25,
entitled 'Penalties for violation of noncompliance with Article'
(400." of Chapter 55 entitled 'Fire Regulations' be amended to read as
follows:
SECTION 1. AMENDING SECTION 55.25, PENALTIES FOR VIOLATION
OF NONCOMPLIANCE WITH ARTICLE
4()()
38 May 2, 1990
Section 55.25 Penalties for Violation of Noncompliance with
Article
A. There shall be three categories of penalties for violations
of the Municipal Fire Prevention Code or for violations within
the City of Ithaca of those portions of the NYS Uniform Fire
Prevention and Building Code which pertain to fire safety or
prevention. The categories shall be: (1) violations with
discretionary fines; (2) violations with mandatory fines and
sentences; and (3) misdemeanors.
1. VIOLATION WITH DISCRETIONARY FINES: Any person who
shall violate any provision of the Municipal Fire Prevention or
Safety Codes or those portions of the NYS Uniform Fire Prevention
and Building Code which apply to fire safety or prevention shall
be guilty of a violation as that is defined in Article 10 of the
Penal Law. The maximum penalty shall be a $250 dollar fine for
each section of the Code which is violated and for each day on
which the violation exists. Each day on which a person
continues to violate said codes is considered a separate
violation.
2. VIOLATION WITH MANDATORY FINE: Any person who shall
violate or fail to comply with any order of the Fire Chief or the
designated Fire Code Enforcement Officer shall be guilty of a
violation as that is defined in Article 10 of the Penal Law,
punishable by a fine of not less that $250 for each day on which
the violation exists and not more than $500 for each day on which
the violation exists or a sentence of imprisonment not to exceed
15 days. Each day on which a person continues to violate said
orders is considered a separate violation.
3. MISDEMEANORS: If injury occurs to any person or to
the
property as the result of any violation of any provision of
Municipal Fire Prevention or Safety Code or those portions of the
NYS Uniform Fire Prevention and Building Code which apply to fire
safety or prevention, the person who violated the provision of
the Codes shall be guilty of a misdemeanor, punishable by a fine
of not less that $500 and not more than $1000 for each separate
violation of the codes and for each day on which the violation
exists and further punishable by imprisonment for not more than
one year. Each day on which a person continues to violate the
Codes is considered a separate violation.
B. The imposition of a penalty any violation of the Fire
Codes shall not excuse the violation or permit it to continue,
nor shall the imposition of a penalty prevent the enforced
removal of prohibited conditions.
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.
City Attorney Guttman gave background information on the
ordinance and discussion followed on the floor.
A vote on the resolution resulted as follows:
Carried Unanimously
Refuse Containers in Front Yards - Report
Alderperson Peterson withdrew the report from the agenda.
_Provision of Free Parking by Landlords (Footnote 1, Section
30 37, Zoning) - Report
Alderperson Peterson stated that although the public hearing was
held this evening on this matter, environmental review still
needs to be done before it comes to Council for a vote.
(Ai
f �)
39 May 2, 1990
City Attorney Guttman stated that he has spoken with Jon Meigs
and asked him to begin the environmental review. He stated that
basically it is not a simple question of environmental review
because it entails the whole question of traffic within the City.
The question now for Council is to what extent do they want
environmental review done and whether they want it done in -house
or by outside consultants.
Planning and Development Director Van Cort stated that he wanted
some direction from the Council regarding the degree of detail
they desire in the environmental review.
Alderperson Schroeder stated that he does not think a very
complicated analysis would be necessary because, in effect, this
Footnote has not really been enforced.
Ddiscussion followed on the floor.
Mr. Van Cort stated that it is worth noting at this point, that
the long form works very poorly for zoning changes.
Mr. Van Cort was directed to prepare a short and long form with
supplementary explanation as appropriate.
PLANNING AND DEVELOPMENT COMMITTEE:
1990 Zoning Ordinance Work Plan - Report
Alderperson Hoffman reported that the committee discussed the
various zoning projects that are in the Work Plan for 1990. He
stated that the Mayor was present at that meeting and suggested
that the committee look at the parking requirement for West State
Street with regards to the possibility of relaxing it to
encourage more commercial development in that area. In reaction
to that the committee has asked the Planning Department to expand
its consideration of downtown rezoning to include modification of
the parking requirement for West State Street, to also look at
minimum height and continue to look at possible changes in the
maximum height for possibly a different area than what was being
considered a couple of months ago. Alderperson Hoffman stated
that will add some time to the work plan. The committee
suggested that time be taken away from the P -1 rezoning effort
and that be deferred until 1991. The committee wants the staff
to continue to work on R -2c but to concentrate on areas where
significant neighborhood impacts might be occurring if R -3
development took place in those areas.
* 18.2 Festival Lands
By Alderperson Hoffman: Seconded by Alderperson Peterson
WHEREAS, the question continues to be raised as to whether or not
the Common Council has decided to transfer the city -owned
Festival Lands to the State of New York; now, therefore, be it
RESOLVED, that the Common Council affirms that it has not made a
prior commitment to transfer the Festival Lands to the State of
New York.
Carried Unanimously
* 18.3 Inlet Island Alienation
By Alderperson Hoffman: Seconded by Alderperson Daley
WHEREAS, certain lands located on Inlet Island west of
Taughannock Boulevard were acquired by the city using, in part,
funds received from the federal government's Land and Water
Conservation Trust Fund, and
WHEREAS, such lands cannot be alienated, without the approval of
the State of New York and the U. S. Department of the Interior,
and
n�
40 May 2, 1990
WHEREAS, part of these holdings is required for the Route 89
right -of -way under the proposed Route 96 Octopus improvement
which have previously been approved by New York State Department
of Transportation and the City of Ithaca, and
WHEREAS, the construction of the optional 89 alignment will
render certain remaining parcels less useful to the city; now,
therefore, be it
RESOLVED, that the Common Council does approve the alienation of
park lands on the Inlet Island as described on the attached map,
(map attached to Minute Book), and be it further
RESOLVED, that the City Attorney is hereby directed to prepare
the appropriate instruments for alienation of said parcels, and
be it further
RESOLVED, that the Director of Planning and Development in
cooperation with the City Attorney and other appropriate city
staff be directed to identify parcels suitable for substitution
for these lands, and be it further
RESOLVED, that the Mayor is authorized to sign any and all
instruments to effectuate such alienation.
Amending Resolution
By Alderperson Booth: Seconded by Alderperson Peterson
RESOLVED, That parcels 2 and 4 on the map be deleted and that in
the second Resolved it be noted that it is parcels 1 and 3 that
are being alienated and that the fourth Whereas be deleted from
the resolution.
Discussion followed on the floor with arguments for and against
the merits of deleting parcels 2 and 4.
A vote on the Amending Resolution resulted as follows:
Ayes (5) - Booth, Golder, Hoffman, Peterson, Johnson
Nays (5) - Romanowski, Blanchard, Schroeder, Cummings,
Daley
Mayor Nichols voted Nay, breaking the tie.
Motion Fails
Discussion followed on the Main Motion.
Alderperson Booth stated that the motion should refer to parcels
1 -4 as designated on the map. Therefore, the second Resolved,
should read as follows:
Amending Resolution
"Resolved, that the City Attorney is hereby directed to prepare
the appropriate instruments for alienation of parcels 1_.- 4 as
designated on the map, and be it further"
No Council member objected and the language was therefore added
to the resolution.
Further discussion followed on the floor with City Attorney
Guttman answering questions from Council members.
Amending Resolution
By Alderperson Hoffman: Seconded by Alderperson Peterson
RESOLVED, That the last Whereas of the resolution be Unanimously
,'! 3
41 May 2, 1990
Main Motion as Amended
A vote on the Main Motion as Amended resulted as follows:
Ayes (7) - Booth, Schroeder, Blanchard, Johnson, Cummings,
Daley, Romanowski
Nays (3) - Golder, Hoffman, Peterson
Carried
Substitute Park Lands - Report
Alderperson Hoffman withdrew the report on the Substitute Park
Lands.
* 18.5 Skateboard Facility Proposal
By Alderperson Hoffman: Seconded by Alderperson Peterson
WHEREAS, there are many young people in the City of Ithaca who
enjoy skateboarding, and
a�3 WHEREAS, no formal facility exists for such activity, and
WHEREAS, an ad hoc group of skateboard enthusiasts and city
staff have investigated several alternative skateboarding
locations and prepared preliminary cost estimates indicating
that such a facility could be financially self - supporting; now,
therefore be it
RESOLVED, that the city commends their efforts to date and
directs that further research be performed by city staff and a
volunteer committee into possible locations, design, and cost of
a skateboard facility, and be it further
RESOLVED, that Common Council does approve in concept the idea of
having a skateboard facility in the City of Ithaca.
(MOO." Alderperson Romanowski asked if there is any legislation that
restricts skateboarding in any areas of the City. He remarked
that if skateboarding is free then who would use a facility where
there will be a charge for it.
Alderperson Hoffman stated that he thinks there is support for
the type of legislation that restricts skateboarding about but
right now that is not in the resolution.
Alderperson Booth stated that the record should reflect that he
thinks that where skateboards are allowable is what the Council
has to wrestle with.
A vote on the resolution resulted as follows:
Ayes (8) - Cummings, Peterson, Johnson, Hoffman, Daley,
Golder, Schroeder, Booth
Nays (2) - Romanowski, Blanchard
Carried
NEW BUSINESS:
* 22.1 Housinq Code Section 27.9 - Referral Resolution
By Alderperson Blanchard: Seconded by Alderperson Booth
WHEREAS, application of Section 27.9 Maximum Occupancy of the
(awo" City of Ithaca Housing Code, as now written, may be having a
deleterious effect on administration of Section 8 Rental Housing
Assistance Certificates; now, therefore, be it
RESOLVED, That this section of the Code is referred to the
Charter and Ordinance Committee and the Planning and Development
Committee for review and consideration of its effect upon low
moderate income families in the City of Ithaca.
Carried Unanimously
42 May 2, 1990
* 22 .2 Amendment of 1990 General Fund Budget
By Alderperson Booth: Seconded by Alderperson Daley
WHEREAS, the City has received a $11,200.00 grant from the N.Y.
State Energy Office to perform a traffic signal optimization
study; now, therefore, be it
RESOLVED, That the 1990 General Fund Budget be amended as
follows:
A. Increase Account A3510, State aid for highway safety by
$11,200, to reflect the State grant.
B. Increase Account A1440 -435 Engineering Contractual
Services by $9,407. and Account A1440 -425 Engineering
Office Expense by $1,793. for the performance of such
study,
and be it further
RESOLVED, That the Superintendent of Public Works be authorized
to execute an agreement with the Rensselaer Polytechnic Institute
for an amount not to exceed $9,407. for preparation of a portion
of said study.
Carried Unanimously
* 22.3 Increase Authorization for the Thurston Avenue Bridge
Reconstruction Capital Project
By Alderperson Booth: Seconded by Alderperson Romanowski
WHEREAS, the bids have been received for reconstruction of the
Thurston Avenue Bridge over Fall Creek, and
WHEREAS, the Board of Public Works has recommended that the
contract be awarded to Vector Construction Inc., for $273,448.,
and
WHEREAS, the recommended contract award of $273,448. plus
required quality assurance control and contingency funding of
$16,552., totaling $290,000., exceeds the available authorization
of $265,000. by $25,000.; now, therefore, be it
RESOLVED, That Capital Project #222 for the reconstruction of the
Thurston Avenue Bridge over Fall Creek be increased by $25,000.
to a maximum authorization of $290,000., and be it further
RESOLVED, That the financing plan for such project be amended by
increasing the required statutory down payment allocated from
Capital Reserve #4 for Bridges by $1,250. to $14,500 and by
increasing the amount to be derived from the issuance of serial
bonds by $23,750. to $253,000. Carried Unanimously
*Change of Date for July Council Meeting
By Alderperson Johnson: Seconded by Alderperson Booth
RESOLVED, That the date for the July 1990 Common Council meeting
be July 11, 1990-
Carried Unanimously
Local Advisor Board of Assessment Review
By Alderperson Daley: Seconded by Alderp(
RESOLVED, That John Russell and Martha K.
to serve on the Local Advisory Board of
terms to expire December 31, 1990.
- Appointments
arson Romanowski
Preston be re- appointed
Assessment Review with
Carried Unanimously
Adjournment
On a motion the meeting adjourned at 12:45 a.m.
���, May M 1 ••
Ca -ista F. Paolang i min Nichols
City Clerk Mayor
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