Loading...
HomeMy WebLinkAboutMN-CC-1990-06-06COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 7:00 p.m. June 6, 1990 PRESENT: Mayor Nichols Alderpersons (9) - Booth, Romanowski, Daley, Johnson, Golder, Schroeder, Blanchard, Hoffman, Peterson ABSENT: Alderperson Cummings (excused) OTHERS PRESENT: City Clerk - Paolangeli City Attorney - Guttman City Controller - Cafferillo Superintendent of Public Works - Thadani (` Commons Coordinator - Deming (o Deputy Police Chief - Ecklund M Youth Bureau Director - Cohen Assistant Personnel Administrator - Patz Board of Public Works Commissioners - Reeves, Berg m Acting Assistant Facility Supervisor - Ferrel Q Fire Chief - Olmstead Planning and Development Director - Van Cort PLEDGE OF ALLEGIANCE: Mayor Nichols led all present in the Pledge of Allegiance to the American flag. MINUTES• Approval of Minutes of the May Alderperson Booth stated that the Budget and Administration the bridge over Cascadilla incorrectly and the Council amount. The correct total a reflect that correct amount. 2, 1990 Common Council Meeting on pages 13 and 14, ,item 15.8 of Committee agenda (the funding for Creek), the numbers were added voted on that incorrect total mount is $525,000 and the minutes Resolution By Alderperson Hoffman: Seconded by Alderperson Booth RESOLVED, That the Minutes of the May 2, 1990 Common Council meeting be approved as published. Carried Unanimously Approval of Minutes of the May 14, 1990 Special Common Council Meeting By Alderperson Schroeder: Seconded by Alderperson Peterson RESOLVED, That the Minutes of the May 14, 1990 Special Common Council meeting be approved with a minor correction by Alderperson Schroeder. Carried Unanimously ADDITIONS TO THE AGENDA: New Business Alderperson Daley requested the addition of Item 21.31 a resolution on T. J. Tuesdays Restaurant. Alderperson Peterson requested the addition of Item 21.4, a referral resolution to the Planning and Development Committee regarding 6 Mile Creek. No Council member objected. Budget and Administration Committee Alderperson Booth requested the addition of Item 17.15, a report regarding an item in the State budget. 7 No Council member objected. Human Services Committee term Alderperson Johnson requested the addition of Item 14.5, a December report from the Intermunicipal Substance Abuse Committee. 1992 No Council member objected. term MAYOR'S APPOINTMENTS December Board of Fire Commissioners 1992 Mayor Nichols requested approval of Common Council for the term re- appointment of Lyman Baker, on the recommendation of the Town December of Ithaca, for a term to expire on June 30, 1993. 1992 Resolution term By Alderperson Romanowski: Seconded by Alderperson Booth December RESOLVED, That this Common Council approves the re- appointment of 1991 Lyman Baker to the Board of Fire Commissioners with a term to term expire on June 30, 1993. December Carried Unanimously 1991 City Bicycle Advisory Council Mayor Nichols explained that the City Bicycle Advisory Council members are to have three year terms except their initial appointments. Three members will have three year terms, two members will have two year terms and two members will have a one year term. Mayor Nichols requested approval of the following persons to the City Bicycle Advisory Council with terms as follows: Bob Lautenslager term expires December 31, 1992 Carl Lagoze term expires December 31, 1992 Yarrow Nelson term expires December 31, 1992 Andy Jordan term expires December 31, 1991 Karin Limberg term expires December 31, 1991 Dave Streater term expires December 31, 1990 Robin Lamb term expires December 31, 1990 Resolution By Alderperson Schroeder: Seconded by Alderperson Peterson RESOLVED, That this Common Council approves the appointments and terms as listed above for the City Bicycle Advisory Council. Carried Unanimously Mayor Nichols reported that the Liaisons to the City Bicycle Advisory Council will be as follows: City Planning Department - Jon Meigs; City Planning Board - Andy Yale; and Interim Parks Commission - Dave Nutter. COMMUNICATIONS• Letter to Common Council from Sean Killeen City Clerk Paolangeli read the following letter from Mr. Killeen: "Dear Mrs. Paolangeli: I regret I cannot be present tonight to read this to the Common Council, but I ask you to do so at the June 6th meeting. Dear Common Council, As a member of the Board of Directors, Chapter 377, Vietnam Veterans of America, as well as a charter members of the Veterans for Peace, I ask for your continued moral leadership. A few years ago you did the decent thing in declaring Ithaca a sanctuary city. This was an honorable and just gesture, and the community was proud. 3 June 6, 1990 It is now time again to do no less. Be compassionate and humane. Proudly declare Ithaca to be a POW -MIA city, flying the mournful banner in tandem with Old Glory on all municipal buildings (Fire Stations, Police Station, Waterworks, etc.). As we all tied yellow ribbons and kept the vigil a decade ago for the Iran hostages, let's again demonstrate that Ithaca cares to keep alive those still in service to their community and country. Specifically, I ask Mr. Johnson's Human Services Committee during June to produce a resolution making Ithaca a POW -MIA city which can be thereupon affirmed by you all in July. You can help Ithaca be reborn on the 4th of July in 1990." Letter from Alderperson Cummings Mayor Nichols read the following letter from Alderperson Cummings, who was excused from tonight's meeting: co "Josef Pesko Moro (her new child) indicates that he should be excused from attending further Council meetings for a while and says that he is delighted to be able to stay at home, snack, and m watch the event on TV. Q As I will most likely not be attending this evening's meeting I would like my comments on several agenda items read (verbatim) into the record at this point: 14.3 I support the resolution to fly the POW -MIA flag. Flying this flag is an act of faith and enduring hope, a tribute to the persistence of the loving human spirit despite the attendant horrors of war. 15.1 Inlet Island Alienation. I strongly oppose the resolution as it is written. I would support it if Resolved clauses 1 and 2 are deleted and the final resolved is amended to read "to alienate parcels 1, 2, 3, and 4." In other words, I oppose the separation of the parcels. While there may be some doubts about the necessary environmental review procedures, there is no doubt that the action which the city is considering is the same for all four parcels. That action is alienation. Review it for one, review it for all, in the same fashion at the same time. The impacts of a proposed highway across parcel 3 are hardly environmentally inconsequential and merit the same scrutiny as the possible use of waterfront municipal lands for marine related uses, marine uses consistent with our long term master plan for that area. As to the possible use of parcel 4, I would much rather do a project specific environmental review when we have it before us rather than one of these amorphous generic reviews, which would be the case should we choose to review "alienation" rather than specific future use. Generic reviews, as in, for instance, the case of zoning changes, have proven to be very problematic, even according to the CAC. I am confident that through environmental review of marine commercial (boat handling), at the old Agway facility, never a park land /open space preserve, will yield a negative declaration. We have had a boat yard on Taughannock Boulevard since 1935. We are a waterway community, not merely a water view community. All public lands need not be open space - passive recreation. Let's get off our asses and binoculars and allow for some active recreation support facilities in this town. Let's keep our boat yard in business; let's keep us an active part of the N.Y.S. Barge Canal waterways system. Let's move to alienate all 4 parcels now, this season; do not vote to separate." 4 June 6, 1990 PETITIONS AND HEARINGS OF PERSONS BEFORE COMMON COUNCIL: POW -MIA Flag Flying The following persons spoke in favor of the POW -MIA flag flying on City buildings: Wilson V. Kone 36 Speed Hill Road, Brooktondale Holly Hollingworth 151 Chestnut Street Harvey Baker 670 Peru Road, Groton Clayton R. Smith Rt. 3 Willow Creek Danny Baker Lansing Fred Wilcox Trumansburg Paul Marion 1057 Coddington Road Sargeant Walker Ithaca, New York Mr. John Milich, Ithaca, addressed the Council in opposition to the POW -MIA flag flying on City buildings. Sciencenter Martha Robertson, Ithaca, stated to Council that the Sciencenter volunteers and Bob Leathers, the architect, have developed their plans for the new Sciencenter to a point where they are prepared to unveil the design for the new center that is planned for Tompkins County. Inlet Island Alienation Betsy Darlington, Chair of the Conservation Advisory Council, urged Council not to alienate parcels 2 and 4 at Inlet Island at this time. She asked that Council give the CAC and the Interim Parks Commission the chance to give their comments regarding these parcels. ACC Franchise Bill McCormick, 211 Columbia Street, addressed Council regarding problems with the ACC Franchise and in particular with the Senior Citizens discount which is not yet in place. Inlet Island Alienation David Nutter, member of the Interim Parks Commission, spoke to Council on the matter of the alienation of the Inlet Island. He urged Council to separate parcels 1 and 3 from 2 and 4. Hydropower License Alfredo Rossi, 409 Lake Street, urged Council to hold off making the decision to let the hydropower license lapse at this time. Inlet Island Alienation Steve DeGraff, representing Ithaca Boating Center, spoke to Council regarding the alienation of parcel 4 at the Inlet Island. He gave background information on the parcel in question. He urged Council to start a dialogue between the City and the private businesses involved in this issue to find out what the practical use of this property is and what is the most economically beneficial for all involved. Doria Higgins, representing Citizens to Save our Parks, spoke to Council on the matter of alienation of parcels 1 - 4 at the Inlet Island. She asked that the issue be referred to the committees that have been formed to examine it and then make the decision after considering what recommendations they make. RESPONSE TO THE PUBLIC: ACC Cable Franchise Alderperson Johnson stated, in response to Mr. McCormick's statement regarding the ACC Franchise, that the Human Services Committee has the matter as an agenda item for the committee to look at during this year. CO M M 5 June 6, 1990 REPORT OF BOARD OF REPRESENTATIVES: Eric Lerner, 1st Ward Representative reported to Council on the following items: Human Services Agency Grants - Both the City and the County Human Services Committees have been involved in trying to reduce some of the red tape in the funding process for local Human Service agencies. The County Youth Bureau has just worked out a way of not requiring every agency to repeat all the same paper work every year in order to get the same grant they received the previous year, so that is a real step forward in that particular area. Substance Abuse Council - A final report of the ad -hoc committee was submitted to the Board of Reps last night and Alderperson Johnson will present that report to Common Council tonight. Child Protective Unit Positions to add 3 plus staff positions to Social Services Department. - It was approved by the Board the Child Protective Unit at the Job Reclassification - This project should come together during the summer and will look at jobs typically held by women in regards to pay rates. The State of New York has created a program to run a pilot study in a couple of New York counties on how it is possible to implement comparable worth pay equity for County employees and Tompkins County is one of the pilot counties. Tompkins County, hopefully, this summer will be one of the first ones to implement a comparable worth pay equity plan into the County Personnel Department. Siting of Baling Station on Commercial Avenue - The County Board of Representatives, at a meeting last night, decided to go ahead and close a purchase agreement for the land on Commercial Avenue that is intended for the Central Processing Facility. Shipping of Garbage out of County - The Landstrom Landfill is going to close soon and we are not going to have any place to put the garbage. Even if we clear away all the court proceedings and confusion about whether or not it is environmentally safe to build a landfill at DR -7 in Dryden, there is going to be a period of time where we are simply not going to have a local landfill and it looks like we are going to have to pay to ship garbage out of the county. There are no set figures for that yet, but it is going to be tremendously expensive, somewhere in the neighborhood of $500,000 a month. Alderperson Daley stated that the Board of Public Works, at a meeting this afternoon, discussed coordinating the recycling effort that has been going on involving the County. Unfortunately, due to a vague contract with the County, we are having a lot of problems in implementing this most efficiently and with the least hassles. He suggested that the City get together with the County and he urged Mr. Lerner to ask the County Reps that are in the appropriate positions to respond quickly to the City's request for a meeting. Alderperson Booth asked Mr. Lerner about the proposed resolution that is on the agenda (17.9) that deals with a proposed County law which would provide for paying for County taxes in two installments. Mr. Lerner stated that he is not on the committee that is studying this but he believes that this proposal has been working its way through the County bureaucracy and has made it to the Budget Committee where the question was raised about how City, Town and Village governments feel about this. He thinks it has been tabled until the County has received responses from the municipalities. 6 June 6, 1990 Discussion followed on the floor between Alderpersons and County Rep Lerner. REPORT OF CITY BOARDS COMMISSIONS AND COMMITTEES: Interim Parks Commission Sally Grubb, member of the Interim Parks Commission, spoke to Council regarding the alienation of the parcels at Inlet Island. She stated that the Interim Parks Committee fully supports the resolution that parcels 2 and 4 should be separated from those required for the realignment of Route 89 and be considered separately. Consideration of the alienation of parcels 2 and 4 should be referred to the Conservation Advisory Council and to the Interim Parks Commission for review and comment. She urged the Council to vote for the resolution on the Planning and Development Committee agenda this evening (Item 15.1). Ms. Grubb further stated that the Interim Parks Committee also fully supports Item 19.1 on the agenda, a resolution from the Conservation Advisory Council regarding the alienation of Inlet Island. Board of Public Works Commissioner Reeves reported to the Council on the following: Dryden Road Parking Garage - Copies have been distributed of the most recent report of the trial period which ended May 31st. There was also a report distributed regarding the free Sunday hours. At the Board meeting on June 13, there will be two resolutions on the agenda regarding the garage. One will be to keep the garage open 24 hours for an additional trial period of 3 months (June, July and August). The second resolution is going to be to rescind the free Sunday parking. Recycling Drop Off Center - A copy of a memo has been received by the Board from Barbara Eckstrom, Solid Waste Manager, to Bill Mobbs regarding the fact that some of the recyclables are unacceptable and some loads have to be rejected because of contaminants. In reviewing the contract there are some questions that were raised as to who is doing the operations and who is supposed to help with the operations and the fact that we are supposed to be maintaining a 24 -hour drop off center. Hopefully, next week the City will be getting together with Council Representatives as well as the City Attorney to go over this contract. Ithaca Green Market - The Board was given the "power to act" and they passed a resolution granting the Ithaca Green Market permission to hold a Saturday market at Dewitt Park between the hours of 8 a.m. and 2 p.m. Staff will work up a contract for that agreement. Commissioner Reeves answered questions from Council members regarding recycling at the Drop -Off Center. CITY ATTORNEY'S REPORT: Baling Station - Commercial Avenue City Attorney Guttman reported that the suit by the City against the County was argued on Tuesday morning in Elmira. It could take up to 4 - 6 weeks for a decision. Lawsuits /Board of Zoning Appeals City Attorney Guttman reported on two lawsuits regarding Board of Zoning Appeals decisions in regard to the Red Cross and Polygon Associates. Housing Code Violations City Attorney Guttman reported that there are five different cases that are either in progress now or have been resolved and he updated Council on these procedures. 7 7 June 6, 1990 "Pogo Parcel" City Attorney Guttman stated that the City has purchased the "Pogo" parcel. As part of the purchase of that property, the suit by Mr. Paolangeli against the City with regard to the improper zoning has been withdrawn. Sale of Parcels to Ithaco City Attorney Guttman reported that in February 1990, the City approved a resolution authorizing the sale to Ithaco of two small parcels in the Cherry Street Industrial Park for the price of $31900. This sale has been finalized and the check has been received. Designation of Fall Creek City Attorney Guttman reported that the legislation on this matter is going ahead in the Assembly and the Senate. He reported on a meeting that was held this afternoon with Mr. Husek from the NYSDEC. Mr. Husek has asked the City to add co certain parcels, including the City Golf Course, the entire site of the Department of Public Works and some homes along Fall Street and York Street. Mr. Luster has said that he will revise the proposed legislation only if there is a resolution from m Council requesting revision. City Attorney Guttman stated that he has maps from Mr. Husek if Council wishes to discuss this in more detail. Discussion followed on the floor regarding this designation. Alderperson Booth stated that he believes City Attorney Guttman should inform Mr. Luster and Mr. Seward that the City did this on (woo., a considered basis and this is our best judgment and we wish to go with it as is. HUMAN SERVICES COMMITTEE: Drop -in Center /Day Care Report Alderperson Blanchard reported that the Committee heard a report from Day Care Council and Drop In Center representatives regarding the search for space for a relocated day care center. Propsects are not encouraging at this point but the group will continue to work with City staff, including Fire and Building Departments, and will pull together information obtained in last years search for space. Access Unlimited Disability Advisory Council Report Alderperson Blanchard reported that Brenda Kuhn, Fingerlakes Independence Center, informed the Committee of plans to form an advisory group (sponsored by Access Unlimited, an advocacy organization for the disabled) that can advise the City on needs of the disabled community and help with compliance with the recently- enacted federal civil rights that greatly expands opportunities for disabled individuals. More information and a request for formation on the advisory group will be presented at the June meeting of the Human Services Committee. * 14.3 POW - MIA Flag (4wo" By Alderperson Johnson: Seconded by Alderperson Blanchard WHEREAS, over 53,000 service men and women who served their country during World War II and the Korean and Vietnam Conflicts have been listed as Prisoners of War or Missing in Action, and WHEREAS, the POW -MIA flag has flown on the mast of City Hall on various appropriate occasions since 1985, and WHEREAS, the display of said flag pays honor and respect to those unaccounted for military personnel, their families and loved ones, especially those who reside in New York State and the Greater Ithaca area; now, therefore, be it 8 June 6, 1990 RESOLVED, That the Common Council of the City of Ithaca deems it appropriate to formally recognize those men and women listed as Prisoners of War or Missing in Action, and directs that the POW - MIA flag be flown with the American flag on City Hall on Memorial Day, Flag Day, Independence Day, Veterans Day and during National POW -MIA Recognition Week. Alderperson Blanchard gave background information on the matter of the POW -MIA flag flying on City Hall. City Attorney Guttman advised Council that irrelevant to what flag or what issue it is, if the City chooses to fly a flag, there may be some consequences to the City. He thinks that if Council makes the decision to fly any flag on City property, it may be creating a public forum for speech. He stated that by law, when a public forum has been created by permitting constitutionally protected speeches of one sort, local government may not favor certain kinds of messages over others. If you open up the flag pole to one flag then the flag pole must be opened up to other messages. Alderperson Cummings arrived at the meeting at 9:05 p.m. After lengthy discussion on the floor Alderperson Golder offered the following substitute resolution: Substitute Resolution By Alderperson Golder: Seconded by Alderperson Hoffman WHEREAS, more than 58,000 men and women have died serving their country in the Vietnam War, and WHEREAS, those men and women have never been adequately acknowledged, nor have the surviving soldiers received the honor and respect that they deserve, and WHEREAS, the U.S. government has never given an open and full accounting of the fate of U.S. soldiers missing in action in Vietnam, and WHEREAS, the City of Ithaca wishes to acknowledge those soldiers who fought for noble ideals, and WHEREAS, the City of Ithaca wishes to aid families and friends of soldiers missing in Vietnam to determine the fate of their loved ones, and WHEREAS, the City of Ithaca wishes to help heal the wounds of that war, and WHEREAS, the City of Ithaca supports increased assistance to surviving veterans of the Vietnam war, especially to those who are imprisoned and /or mentally or physically incapacitated; now, therefore, be it RESOLVED, That in recognition of the soldiers who have died and who are missing in action, and as a reminder that the U.S. government needs to determine the fate of those missing soldiers, the City of Ithaca shall fly a flag symbolizing concern for soldiers missing in action with the American flag on City Hall on Memorial Day, Flag Day, Independence Day, Veterans Day, and during POW -MIA Recognition Week, and it further RESOLVED, That the Common Council of the City of Ithaca urge our elected officials in Washington to support bills in the House and Senate, including HR3037 and 3004, that would aid veterans suffering from Agent Orange related illness and Post Traumatic Stress disorder, and be it further Irn i� 9 June 6, 1990 RESOLVED, That the Common Council of the City of Ithaca urge our elected officials in Washington to petition the President of the United States to normalize relations with the Republic of Vietnam to facilitate proper investigation of the fate of those American soldiers missing in action, and be it further RESOLVED, That the Common Council of the City of Ithaca urge our elected representatives in Washington to do whatever is necessary (400", to ensure that the U.S. government fully cooperate with families who are trying to determine the fate of missing relatives and that our government give a full accounting of all necessary information regarding missing soldiers. (This information should come from the State Department, Department of Defense, Central Intelligence Agency and any other relevant intelligence agencies). Alderperson Golder explained his reasons for the substitute [�- resolution and further lengthy discussion followed. co M The vote on the Motion to Substitute resulted as follows: Ayes (3) - Golder, Hoffman, Peterson Nays (7) - Blanchard, Romanowski, Schroeder, Daley, Johnson, Q Booth, Cummings Motion Defeated Main Motion A vote on the Main Motion resulted as follows: Ayes (7) - Blanchard, Romanowski, Schroeder, Daley, Johnson, Cummings, Booth Nays (3) - Golder, Peterson, Hoffman Carried Alderperson Cummings left the meeting at 9:20 p.m. Recess The Common Council recessed at 9:20 p.m. and reconvened in regular session at 9:30 p.m. * 14.4 Mid -year Funding Request for the Community Arts Coalition By Alderperson Johnson: Seconded by Alderperson Daley WHEREAS, the Common Council appropriated $5,000 from contingency funds in the 1989 budget in partial support of the first phase of the work of the Tompkins County Task Force for Cultural Resources /Community Arts Coalition consisting of a study of the state of the arts in Tompkins County, and WHEREAS, that study has been completed and the results reported to the Human Services Committee of the Common Council, and WHEREAS, a major recommendation of the study was the establishment of an Arts Service Organization (ASO) to be responsible for a number of activities as outlined in the Proposal for Phase II Support dated 29 May 1990, a summary which is made a part of this resolution, and WHEREAS, the Human Services Committee has reviewed the proposal and supports the requests for $5,000 to partially fund the program to be undertaken by ASO, and WHEREAS, Tompkins County has appropriated $15,000 and local businesses have pledged $5,000 in support of the Phase II program; now, therefore, be it RESOLVED, That this request be referred to the Budget and Administration Committee of Council for review and that a recommendation for further action be returned to Council at 11 July 1990 meeting. Carried Unanimously 10 June 6, 1990 Summary of Proposed Phase II Activities Task Force for Cultural Resources /Community Arts Coalition The time frame for Phase II is six months. Working under the guidance of a Steering Committee, the emerging Arts Service Organization will complete the following activities during this time period. - Secure non - profit status under the IRS 501(c) 3 provision, -- file all required documents with New York State, arrange for operating space and equipment, pursue funding requests already submitted to the NYS Council on the Arts and develop additional requests for private sector and foundation funding, - establish formal networks between the arts, government, business and the community -at -large through a series of work groups and committees, - initiate a study for re- implementation of a consolidated arts fund, - define services that can reasonably be delivered to individual artists, - initiate a campaign for membership in the ASO, - develop a data base to be used as a resource by the ASO and the arts community. A staff of one will be maintained at half -time for the first four months of Phase II, shifting into full -time with one half -time position added in the final two months of Phase II. Ad Hoc Intermunicipal Substance Abuse Committee - Report Alderperson Johnson reported to the Council on the Ad Hoc Intermunicipal Substance Abuse Committee and the work that the committee has done to date. He stated that the committee has recommended that a private citizens group be created to hold a meeting in June and invite all people in the county for a public discussion about the issue of substance abuse and to improve the existing service system. A resolution will be coming to the Council and the County Board of Reps requesting that resolutions be passed to create the private citizens group to study the issue more in depth and make specific recommendations. Motion to Refer to Committee By Alderperson Johnson: Seconded by Alderperson Romanowski RESOLVED, That the Ad Hoc Intermunicipal Substance Abuse Committee report be referred to the Human Services Committee for action. Carried Unanimously PLANNING AND DEVELOPMENT COMMITTEE: * 15.1 Inlet Island Alienation By Alderperson Hoffman: Seconded by Alderperson Schroeder WHEREAS, Common Council passed a resolution regarding the alienation of certain lands on Inlet Island on May 2, 1990, (designated parcels 1 and 3 on the map attached to the resolution of May 2, 1990), and WHEREAS, some of those lands approved for alienation are needed for the right -of -way of the proposed realignment of Route 89, and WHEREAS, other parcels of those lands approved for alienation are not needed for the proposed realignment of Route 89, and their future uses are at this time undetermined, and WHEREAS, the process for evaluating the future uses of the parcels not needed for the realignment of Route 89 is unclear at this time, including environmental review as required under the City of Ithaca's Environmental Quality Review ordinance; now, therefore, be it 11 June 6, 1990 RESOLVED, that parcels two and four, as designated on the map attached to the Inlet Island alienation resolution dated May 2, 1990 are hereby separated from the other parcels required for the realignment of Route 89 and are to be considered separately, and be it further RESOLVED, that consideration of the alienation of parcels two and four be referred to the Conservation Advisory Council and the Interim Parks Commission for review and comment, and be it further RESOLVED, that the City Attorney shall investigate and report on the proper steps needed to complete the environmental review of all the parcels on Inlet Island that are proposed for alienation, and be it further RESOLVED, that the Common Council does hereby reaffirm its intent (� to alienate parcels 1 and 3. CD Alderperson Hoffman gave background information on the M resolution. City Attorney Guttman, for clarification, stated that there is no < question that if the City is going to alienate any of these parcels and use it for other than park land, an environmental review must be done. The question appears to be whether environmental review must take place at this time or some later time. He said that there are two issues involved here, both of which lead him to believe that environmental review is not necessary at this time. The City is not really doing anything other than recommending eventually that the State Legislature take an action. Looking at it from a more specific point of (400", view, if you look at the State SEQR regulations (specifically the definition of the word "action "), SEQR only comes into play if you have an action. City Attorney Guttman explained the definitions of "action ". Discussion followed on the floor with comments being made by several Alderpersons. Alderperson Booth proposed the following substitute resolution. Substitute Resolution By Alderperson Booth: Seconded by Alderperson Johnson RESOLVED, That Resolution 18.3 "Inlet Island Alienation" passed at the Common Council meeting of May 2, 1990 be rescinded, and be it further RESOLVED, That this May 2, 1990 Resolution be referred to the Interim Parks Commission, Conservation Advisory Council and to the Planning and Development Board for review and comments and report back to Common Council by July 11, 1990. Discussion followed on the floor. Resolution to Substitute A vote on the motion to substitute was Carried 9 -0. Further discussion followed on the floor. Mayor Nichols stated, for the record, that it should be clear that Council has adopted a motion which says that any plan for the Inlet Island should not be as intensive as described in the document of 1982. Substitute Resolution A vote on the Substitute Resolution resulted as follows: Carried (9 -0) 12 June 6, 1990 * 15.2 Demolition of Roberts and East Roberts Hall at Cornell University By Alderperson Hoffman: Seconded by Alderperson Schroeder WHEREAS, Roberts and East Roberts Halls on the Cornell University campus are proposed for demolition, and WHEREAS, these buildings have been listed on the State and National Registers of Historic Places, and WHEREAS, these buildings are locally designated landmarks under the Ithaca Landmarks Preservation Ordinance, Chapter 32, Municipal Code, and WHEREAS, these buildings represent an important part of this community's development history and are part of the collective experiences of thousands upon thousands of students, teachers, researchers, staff and city residents, and WHEREAS, the loss of these buildings will destroy a significant element of the built environment of this community, and WHEREAS, the New York State Office of Parks, Recreation and Historic Preservation (OPRHP), which is charged with the protection of the historic resources of the State, has claimed that these buildings can be saved and that they can be "mothballed" for future productive use; now, therefore, be it RESOLVED, that this Common Council expresses its deep concern over the proposed action by Cornell University and the State University Construction Fund to demolish Roberts and East Roberts Halls, and urges serious reconsideration of the OPRHP's recommendation to preserve these buildings. Alderperson Romanowski suggested that a further Resolved clause be added to the resolution as follows: "RESOLVED, That those elements of Roberts and East Roberts Halls, such as the Seal of New York Statuary and any other elements so designated by the local historical preservationists, be protected and preserved in the event of demolition and reused as appropriate in future buildings." There was no objection to the addition of the Resolved clause, therefore, it was added to the resolution. A vote on the resolution resulted as follows: Carried (9 -0) Impact Mitigation Program - Report Alderperson Hoffman reported that the City hired a consultant to devise a program to mitigate the impact of new development on affordable housing which would allow the City to collect revenue when a project was deemed to be negatively affecting the provision or supply of affordable housing. The City received the report from the consultants last Fall. The Committee has reviewed the report and formed a sub - committee that is going to propose the next round of questions for the consultant, possibly in July, and he hopes that more of Council will be able to meet with the consultant in order to understand what the issues are and what the steps will be if the City wants to pursue this course. R -2c Zoning - Report Alderperson Hoffman reported that the R -2c zoning has not been placed on the zoning map as yet and the committee is making progress in an effort to find locations for the R -2c zoning designation. it- 13 13 June 6, 1990 Ithaca Falls Hydropower License Alderperson Hoffman reported that at the Committee of the Whole meeting the majority sentiment was to defer or table this issue for at least a month to see whether the designation is approved by the State. That is why the resolution is not on the agenda tonight. The issue of what to do with the license will probably come back in a month or two regardless of what happens at the (400" State level. CHARTER AND ORDINANCE COMMITTEE: Seating Capacity and Parking Regulations - Report Alderperson Peterson reported that the City Attorney is drafting language to address seating capacity and parking regulations in regard to areas where parking requirements are directly linked to the number of seats in an establishment. * 16.2a Environmental Review of Footnote 1, Section 30.37(A)(4)- [�- Determination of Non - significance (o By Alderperson Peterson: Seconded by Alderperson Hoffman M WHEREAS, the matter of amending the regulations pertaining to the .� off - street parking requirements for rental dwelling units is ED currently being considered by this Common Council, and C� WHEREAS, appropriate environmental- review has been conducted, including the preparation of a Short Environmental Assessment Form (SEAF) and Long Environmental Assessment Form (LEAF), and WHEREAS, it appears that the proposed action is an "unlisted" action under the State Environmental Quality Review Act (SEQR) , including the Part 617 regulations thereunder, and may be a Type I action under the City Environmental Quality Review Act (EQR Section 36.5 (B)(5)), and WHEREAS, it appears that the proposed action will not have a significant effect on the environment; now, therefore, be it RESOLVED, That this Common Council, as lead agency in this matter, be and it hereby does adopt as its own the findings and conclusions as set forth on the attached SEAF and LEAF Form dated May 22, 1990, and be it further RESOLVED, That this Common Council, as lead agency be and it hereby does determine that the proposed action will not have a significant effect on the environment, and that further environmental review is unnecessary under the circumstances, and be it further RESOLVED, That this resolution shall constitute notice of this negative declaration and the City Clerk be and she is hereby directed to file a copy of the same, together with the attachment, in the City Clerk's Office and forward the same to any other parties as required by law. Alderperson Peterson commented that in speaking with the Chair of the Conservation Advisory Council, this SEAF and LEAF has not been to CAC. It was the consensus of Council that this SEAF and LEAF should be reviewed by the Conservation Advisory Council. Motion to Table and Refer to Committee By Alderperson Romanowski: Seconded by Alderperson Daley RESOLVED, That the items 16.2a, 2b, and 2c, "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 tabled and referred to the Board of Public Works and the Conservation Advisory Council for review and comment and report back to Common Council at the July meeting. Carried (9 -0) 14 June 6, 1990 BUDGET AND ADMINISTRATION COMMITTEE: *17.1 Amend 1990 DPW Budget for Haller Boulevard Water Tank By Alderperson Booth: Seconded by Alderperson Blanchard WHEREAS, the 1990 Water Fund Budget line item F8344 -475 Standpipe Maintenance included $120,000, which in part had been allocated to repair the Haller Boulevard Water Tank, and WHEREAS, the Department of Public Works has determined that it would not be cost effective to repair the Haller Boulevard Water Tank, and has instead recommended that said tank be replaced; now, therefore, be it RESOLVED, That the 1990 Water Fund Budget be amended by transferring $80,000 from Account F8341 -435 General Maintenance Contractual Services, to Account F8344 -475 Standpipe Maintenance, to fund the differential cost of replacing such Water Tank. Carried (9 -0) * 17 2 Authorization for Ithaca Transit Operating Assistance Funds By Alderperson Booth: Seconded by Alderperson Schroeder WHEREAS, the City of Ithaca has submitted a request for a grant of funds to the New York State Department of Transportation and the United States Department of_ Transportation, pursuant to Section 18 of the Urban Mass Transportation Act of 1964, as amended, for a project to provide operating assistance funds for transportation services within the City of Ithaca and partly in two adjoining municipalities, provided by the City of Ithaca Transit for fixed routes that are scheduled, open and available to the general public during the period January 1, 1990 to December 31, 1990 (PIN3798.21.406); now, therefore, be it RESOLVED, That Mayor Benjamin Nichols be authorized to sign the agreement(s) between the City of Ithaca and the State of New York for the above named project, and be it further RESOLVED, That Mayor Benjamin Nichols is authorized to act on behalf of the City of Ithaca to proceed and complete this above named project. Carried (9 -0) * 17.3 DPW - Establish City Forester Position By Alderperson Booth: Seconded by Alderperson Schroeder RESOLVED, that the Personnel Roster of the Department of Public Works be amended by adding the position of City Forester, and be it further RESOLVED, That the position of City Forester be assigned to the City Executive Association at a 1990 salary range of $32,244 - $40,702 (Grade 2). Discussion followed on the floor regarding the responsibilities of the City Forester. A vote on the resolution resulted as follows: Carried (9 -0) * 17.4 DPW - Merit Raise for DPW Employee By Alderperson Booth: Seconded by Alderperson Peterson WHEREAS, the Superintendent of Public Works has recommended Peter Albertsman for an Employee Incentive Award pursuant to the terms of the CSEA Administrative Unit contract, and WHEREAS, the Superintendent of Public Works has provided the Budget and Administration Committee with substantial justification for granting this Employee Incentive Award, and WHEREAS, the Superintendent of Public Works' recommendation complies with the procedure and guidelines outlined in the CSEA Administrative Unit Contract; now, therefore, be it 15 15 June 6, 1990 RESOLVED, That Peter Albertsman's salary be increased by eight (8) percent to an annual salary of $23,066 effective June 8, 1990. Ayes (8) - Booth, Peterson, Hoffman, Blanchard, Daley, Schroeder, Johnson, Romanowski Nay (1) - Golder Carried * 17.5 Youth Bureau -Transfer of Funds to Purchase Computer Equipment By Alderperson Booth: Seconded by Alderperson Johnson RESOLVED, That the authorized equipment list for the Youth Bureau be amended to include a computer system and related software for the Y.E.S. Program, and be it further RESOLVED, That the acquisition of said equipment is authorized to (� be made within the existing Youth Bureau operating budget, by (o transferring $2,500 from Account A7310 -120, Part Time Seasonal (� Salaries, to Account A7310 -210, Office Equipment. ..� Carried (9 -0) c * 17.6 Fire Department - Amend Contract Line for Radio Equipment Q By Alderperson Booth: Seconded by Alderperson Peterson RESOLVED, That the authorized equipment list for the Fire Department be amended to include the replacement of one portable two -way radio for $882., and be it further RESOLVED, That said acquisition shall be off -set indirectly by insurance recoveries received from our Insurance Carrier. Carried (9 -0) (4wo"_ * 17.7 Fire Department - Request to Amend Personnel Roster BY Alderperson Booth: Seconded by Alderperson Romanowski RESOLVED, That the Personnel Roster of the Fire Department be temporarily increased by one (1) fire fighter position, to allow for the hiring and training of a new fire fighter in conjunction with the anticipated retirement of a current fire fighter, and be it further RESOLVED, That said roster shall be reduced to its original staffing level upon the retirement of the current fire fighter, and be it further RESOLVED, That should the current fire fighter not retire, this authorization to hire a new fire fighter shall be revoked. Carried (9 -0) * 17.8 Fire Department - Personnel Item By Alderperson Booth: Seconded by Alderperson Romanowski RESOLVED, That Randal E. Novak be appointed to the position of Municipal Training Officer for the Ithaca Fire Department at an annual salary of $42,496. (1990 Management Compensation Plan) effective July 9, 1990. Carried (9 -0) * 17.9 Finance Department - County Tax in Two Installments By Alderperson Booth: Seconded by Alderperson Peterson WHEREAS, Tompkins County is considering a Local Law that would allow County Taxes to be paid in two installments, and WHEREAS, the Tompkins County Board of Representatives has requested Common Council to express an opinion regarding said Local Law, and 16 June 6, 1990 WHEREAS, while sensitive to the intent of the Tompkins County Board of Representatives to afford taxpayers an opportunity to pay taxes in two installments, the issuance of County installment tax bills and City installment tax bills with different due dates, different bill arrangements, and different penalty structures increases the probability of payment errors leading to penalties for taxpayers and poses an extreme administrative problem for the Chamberlain's office during the peak tax collection period; now, therefore, be it RESOLVED, That the Common Council of the City of Ithaca does not endorse Tompkins County Proposed Local Law No. 5 in its present form as of June 6, 1990, and urges the Tompkins County Board of Representatives not to adopt this proposed Local Law. Carried (9 -0) * 17.10 Personnel Department - Amendment to Personnel Roster By Alderperson Booth: Seconded by Alderperson Romanowski RESOLVED, That the Personnel Roster of the Personnel Department be amended as follows: Delete - One (1) Senior Stenographer Add - One (1) Administrative Secretary and be it further RESOLVED, That S. Denise Malone be permanently appointed to the position of Administrative Secretary at an annual salary of $19;085 effective June 11, 1990. Carried (9 -0) Report on Domestic Partnership Issue Alderperson Booth reported that the Budget and Administration committee has asked the City Controller to investigate the fiscal implications of enacting an ordinance of this nature. Mr. Cafferillo will look at any liabilities that this might create for the City and look at what implications there are if we do this outside of contract negotiations with the City unions. Mr. Cafferillo will be reporting back to the committee when he has the appropriate information. Discussion followed on the floor with City Controller explaining what information he has received, thus far, regarding this issue. Report on Traffic Enforcement Officer Alderperson Booth reported that the committee has decided that this issue would best be looked at in September after the committee sees what the Police Department requests are for 1991. * 17.13 1989 Annual Report By Alderperson Booth: Seconded by Alderperson Daley RESOLVED, That this Common Council acknowledges the receipt of the 1989 Finance Department Annual Report. Carried (9 -0) * 17.14 Audit By Alderperson Booth: Seconded by Alderperson Peterson RESOLVED, That the bills presented, as listed on Audit Abstract #10/1990 in the total amount of $49,665.82, be approved for payment. Carried (9 -0) State Budget Report City Controller Cafferillo reported that the Mayor has received information from the Conference of Mayors relating to sales tax being charged on off - street parking; both meter, ramp and open lot parking as long as it is of an off - street arrangement. J i� 17 June 6, 1990 City Controller Cafferillo stated that the B &A Committee and the Board of Public Works are going to be asked to begin thinking about the way in which the City will address this. It is being attached retroactive to June 1 so we will have to address this either under existing rate structures, adjusting rate structures, or adding sales tax at the gate where applicable or just paying it on the meter. (4moe City Controller Cafferillo further commented that he has received additional conflicting information about the effects of the retirement system changes. As soon as we get something formulated and in writing he will distribute it as it will be very important in our budget deliberations. Further discussion followed on the floor. Mr. Cafferillo reported that the Tompkins County Board of (� Representatives did act on the Equalization Rate resolution as presented at their last meeting. He stated that he has made a request to the School Board to make a presentation at their next meeting and it has been included on their B &A agenda for June 26th. Mr. Cafferillo said that due to the fact that the State (n Legislature is going to adjourn before the end of June we have Q asked that the Legislation be put on the floor of the State Senate and the State Assembly before they adjourn and there is an attempt being made to do that. NEW BUSINESS• * 21.2 Transfer of Funds - Engineering Department By Alderperson Booth: Seconded by Alderperson Johnson WHEREAS, the City Engineer has an opportunity to hire two Cornell Students as summer Engineering Aides, to assist the Engineering Department in the completion of their extensive work load; now, therefore, be it RESOLVED, That $4,000 be transferred from Account A1440 -110 Engineering Staff Salaries to Account A1440 -120 Engineering Part - time Hourly Salaries for such purpose. Carried (9 -0) REPORT OF SPECIAL COMMITTEES AND COUNCIL LIAISONS Alienation of Lands on Inlet Island Alderperson Johnson withdrew this item from the agenda as it was covered under the Planning and Development Committee agenda. 19.2 Resolution to Common Council Reqardinq Buildinq Alon Waterways and in Flood Hazard Zones (Presented by Alderperson Johnson for the Conservation Advisory Council) WHEREAS, Conservation Overlay Zoning is not yet in place in the City, and WHEREAS, our waterways are critical City resources, and WHEREAS, building in flood zones can have serious consequences; now, therefore, be it (Wwo�' RESOLVED, That Common Council include under Site Plan Review any construction within the 100 -year flood hazard zone or within 200 feet of the center of any stream. Discussion followed on the floor. Motion to Refer to Committee By Alderperson Johnson: Seconded by Alderperson Schroeder RESOLVED, That the resolution regarding building along waterways and in flood hazard zones be referred to the Planning and Development Committee for review and report back to Common Council. Carried (9 -0) 18 June 6, 1990 NEW BUSINESS: * 21.1 Development of Parking Spaces in Residential Areas - Referral to Committee By Alderperson Booth: Seconded by Alderperson Golder WHEREAS, Ithaca is now seeing more and more development of parking spaces in residential front yards, side yards, and back yards, and WHEREAS, the development of parking spaces in residential areas can consume green spaces and spur the deterioration of neighborhood character, and WHEREAS, it is likely that Ithaca will see even more of this type of development in the future because of increasing numbers of automobiles in this community, and WHEREAS, the City's existing ordinances do not deal comprehensively with the development of parking spaces in residential areas; now, therefore, be it RESOLVED, That the issue of whether the City should expand its existing regulations governing the development of new off - street parking spaces in residential districts be referred to the Planning and Development Committee --and the Charter and Ordinance Committee in order for those committees to determine what action(s) regarding this matter, if any, they will recommend to Common Council. Carried (9 -0) Adjournment On a motion the meeting adjourned at 11:15 p.m. � A- zl�__ 4_44�_,L_ Callist F. Paolan eli City Clerk Y ` Benja in Nichols Mayor lr_� J