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
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Benja in Nichols
Mayor
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