HomeMy WebLinkAboutMN-CC-1990-07-1119
1 July 11, 1990
COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 7:00 p.m. July 11, 1990
PRESENT:
Mayor Nichols
Alderpersons (9) - Romanowski, Johnson, Golder, Cummings, Daley,
(400'el Peterson, Hoffman, Schroeder, Blanchard
*Alderperson Blanchard arrived at the meeting at
9:15 p.m. and Alderperson Cummings left the
meeting at 9:20 p.m.
ABSENT:
Alderperson (1) - Booth (excused)
OTHERS PRESENT:
(� City Clerk - Paolangeli
CD City Attorney - Guttman
City Controller - Cafferillo
Fire Chief - Olmstead
Police Chief - McEwen
co Building Commissioner - Datz
< Superintendent of Public Works - Thadani
Youth Bureau Director - Cohen
Planning and Development Director - Van Cort
City Planner - Foster
Tompkins County Board of Representatives - Lerner
PLEDGE OF ALLEGIANCE:
Mayor Nichols led all present in the Pledge of Allegiance to the
American flag.
MINUTES:
Approval of Minutes of the June 6, 1990 Common Council Meeting
Alderperson Schroeder requested that on page 7, under "Pogo
Parcel ", the word "claimed" be added in the last sentence before
the word "improper ".
Resolution
By Alderperson Hoffman: Seconded by Alderperson Peterson
RESOLVED, That the Minutes of the June 6, 1990 Common Council
meeting be approved with the addition of the word "claimed" on
page 7.
Carried Unanimously
MAYOR'S APPOINTMENTS:
Board of Fire Commissioners
Mayor Nichols requested the approval of Common Council for the
appointment of W. Lyle Neigh, 321 South Titus Avenue, to the
Board of Fire Commissioners for a three year term to expire June
30,- 1993.
Resolution
By Alderperson Peterson: Seconded by Alderperson Hoffman
RESOLVED, That the Council approves the appointment of W. Lyle
(600e- Neigh to the Board of Fire Commissioners with a term to expire
June 30, 1993.
Carried Unanimously
Civil Service Commission
Mayor Nichols reported that he has appointed Vivian Middleton,
408 1/2 Cascadilla Street, to replace Audrey Cooper, whose term
has expired. Ms. Middleton's term will expire May 31, 1996.
Energy Commission
Mayor Nichols reported that he has appointed Jean Fudala, 615
North Aurora Street to the Energy Commission with an indefinite
term.
Pa
July 11, 1990
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
Disability Advisory Council
The following persons spoke to Council in favor of the creation
of a Disability Advisory Council:
Ray Reynolds
Richie Farruggio
Sherry Thurston
Brenda Kuhn
Ceil Blumenstock
Diann Sams
348
317
113
330
507
412
8 Podunk Road, Trumansburg
Cayuga Street
South Parkway, Groton
Elm Street
North Aurora Street
Hector Street
Tompkins County Focus
Karl Mount, Jacksonville, summarized for the Council a report
that was mailed to them from the Care - giving Committee, which is
a sub - committee of the Tompkins County Focus committee. He spoke
on the issue of day care in Tompkins County for both children and
the elderly. He stated that this sub - committee is planning a
Fall Workshop for September and they have asked all volunteer
agencies, the County, City and private businesses to take a look
at their work plan for the next year that involve these areas and
to give the committee some sense when they meet in September as
to what parts of this they can share in. They need a response
from the entire community to work together to make sure the needs
of the elderly and children are being met.
Citizens to Save Our Parks
Doria Higgins, 2 Hillcrest Drive, read a statement to Common
Council which read in part:
"One of the City's most hardworking and dedicated and responsible
committees, the Conservation Advisory Council and the newly
formed Interim Parks Commission have had their motives impugned
by two members of Common Council even though both committees were
merely doing exactly what they had been charged by Common Council
to do.
It is harmful to the public good when members, even only two
members of Common Council, publicly discredit the motives of a
committee which has been as exemplary in the performance of its
duties as has been the CAC."
Sciencenter
The following persons spoke to Council in favor of the sale of
city land to the Sciencenter:
Ilma Levine - 71 Brooktondale Road
Jonathan Peck - 516 Chestnut Street
Martha Oschrin Robertson - 1655 Ellis Hollow Road
Edwina Devereaux - Hawthorne Place
Several hands were raised in the audience when Ms. Levine asked
how many were there in support of the sale of city land to the
Sciencenter.
RESPONSE TO THE PUBLIC:
Doria Higgins Statement
Alderperson Romanowski stated that he thinks that once again
Doria Higgins is trying to impugn the motives of the
representatives of the First Ward. He stated that there never
has been, nor is there going to be any discussion with any
business person in the West End. The disposition of any
alienated lands on Inlet Island is something that is subject to
another long, lengthy process which involves all the members of
Common Council -- not just the representatives from the First
Ward.
Alderperson Romanowski further stated that Mrs. Higgins was
present at a walk- through that Ms. Blanchard and he had on
Fathers Day with a group of about 20 people from CAC and other
D
q
3 July 11, 1990
groups. He said that he will, as long as he is representative for
the First Ward, try to reflect the judgment of the people that he
represents and to use his own judgment. He stated that if to
disagree with an individual or another group makes him a bad
person, then he is going to be a bad person but he is going to
reflect his own judgment and the judgment of the people that he
represents.
Alderperson Romanowski stated that it can be said that his
(400,., judgment is wrong, that he is making mistaken decisions, but do
not impugn his or Ms. Blanchard's motives. They are doing their
job by representing the people in the First Ward and they think
that the groups that are out there, some of them are wrong -- it
is a judgment call.
Tompkins County Focus
Alderperson Peterson stated she wished to re- emphasize the
remarks that Mr. Mount made. She stated that she would like the
Human Services Committee to carefully review the document that
Mr. Mount had presented to the Council.
CJ )
D Doria Higgins Statement
CO Alderperson Schroeder stated that he can understand why
Q Alderpersons Romanowski and Blanchard would not like to have
their motives impugned -- they are trying to do their job -- as
they should. The CAC and the Interim Parks Commission, by trying
to preserve our parks system and to be an advocate for the parks
system and by trying to preserve our environment, are merely
doing their job, as they are supposed to do. They deserve
respect for doing that, for being that watchdog of precious
resources. Alderpersons Romanowski and Blanchard deserve
respect for trying to represent their constituents.
REPORT OF BOARD OF REPRESENTATIVES:
Eric Lerner, 1st Ward Representative of the City of Ithaca on the
Tompkins County Board of Representatives reported on the
following:
Landstrom Landfill - It now appears that it may be possible
to extend the life of Landstrom Landfill for another couple of
years.
Illegal Dumping Law - At the Board of Reps meeting last
evening, they passed a revised version of the Illegal Dumping Law
that was enacted in February 1990. The main change was to make a
first offense a Violation rather than a Misdemeanor. This will
make this law easier to enforce and make the law more effective.
Trash Tags - At the Board of Reps meeting last evening the
Board did expand the Trash Tag Subsidy Program to include more
people. It is now going to be possible for people who get SSI
benefits or who get property tax exemptions as seniors or as
veterans and people who get Section 8 Housing to qualify. People
who have recently been receiving social services benefits but are
no longer receiving benefits, can now keep their free Trash Tags
for the following year.
Property Tax Payers - There is a proposal that has been
working its way through the Board of Reps committees for the last
couple of months which would make it possible for property tax
payers paying their county taxes, to have the same opportunity
that people who pay city property taxes already have, which is to
split their tax payment in half, paying half in January and the
other half in July. There will be a public hearing held on that
proposal at the Board meeting on August 14.
Board of Elections - Apparently there is State law that
requires that the expenses of the County Board of Elections be
pro -rated and billed back to the municipalities in the County.
At the Board meeting last evening, there was a proposal to bill
4 July 111 1990
back to the City and the other Towns and Villages in the County a
pro- ration of the cost of operating the Board of Elections. That
proposal was passed.
Tompkins County Mental Health Facility - The Mental Health
Facility will be opening within several months and that is going
to be the first step toward doing some serious rethinking of how
county offices are distributed around the county. The Planning
Department and the Planning Committee are looking at a number of
options in this regard.
Tompkins County Library - There have been discussions of
the possibility of relocating the County Library outside of the
City and into the Northeast area.
Mayor Nichols stated that in regard to the Board of Elections
billing back costs to the municipalities, City taxpayers have
already paid approximately $15,000 this year. The way it has
worked is that it has been in a line in the budget which is
called Cities and Towns and what it means is that the City
residents have paid a slightly higher County tax to account for
that sum, as has each Village or Town. Now the has to change the procedure and instead of h y ed
e City Board
resiidentsdea ing
it as a part of the County tax, to make it a part of the City
tax, which reflects our tax rate as compared to the County tax
rate. That was $15,000 this year, which is the operating cost.
In addition, the County has now included personnel costs as part
of that cost so that will bean additional sum that the City
taxpayers will be paying.
Mayor Nichols pointed out that the other difference is that we
may benefit a little bit because as he understands it
division of cost among the City and Towns and Villages willtbe
done by registered voters, not by property tax, and that will be
a benefit to the City. However, in any event, it does mean that
the City's budget next year will reflect an additional $30,000 as
part of the City's tax rate.
Alderperson Golder noted that the County has considered a
resolution about possibly defective nuclear weapons at the Seneca
Army Depot and he asked Representative Lerner to address that
matter.
Mr. Lerner stated that the whole matter is very unclear. He said
that he presented a resolution to the Board last evening to call
on our elected representatives in Washington to find out every
thing they can to hopefully reassure us or if the news is not
reassuring, to do what can be done to make the situation safer
than it has been. That resolution was referred to the Board of
Representatives Public Safety Committee which will look at it on
August 2 and hopefully
Representatives it will be back to the Board of
for their August 14 meeting. He presented a
copy of his draft resolution to Council members.
Alderperson Golder suggested that the Council consider a similar
resolution and that it be put on the agenda of one of the
committees.
REFURT OF CITY BOARDS COMMISSIONS AND COMMITTEES:
ConservatbQnAdVisory Council
Sciencenter
Betsy Darlington, Chairwoman of the Conservation Advisory
Council, reported that they have reviewed the EAF for the
Sciencenter and they feel that a negative declaration was
justified which means no significant impact for the sale, with
the understanding that the whole project will have to go through
site plan review and further environmental review when the
Sciencenter has their plans more formalized. Ms. Darlington
stated that she thinks this is a very important project for the
City and a real asset to the community.
23
5 July 11, 1990
Parking Regulations Changes
Ms. Darlington stated that for some time now the CAC has been
receiving EAF's for conversion of backyards into parking lots.
She urged Common Council to move quickly on changing the zoning
so that backyard parking cannot be permitted.
Alienation of Inlet Island
Ms. Darlington stated that the members of the CAC feel that
before the land is finally taken out of park land designation, if
that is what happens, that the City have a very clear plan as to
how those lands will be used, in fact how all of Inlet Island
will be used. There are some really wonderful ideas floating
around about how that land could be used and those should be
considered before the land is taken out of park lands.
Discussion followed on the floor with- Ms. Darlington.
Alderperson Cummings suggested that CAC look at the existing
studies, in particular the Trowbridge Study.
CD Board of Public Works
Superintendent of Public Works Thadani reported for Commissioner
Reeves on the following:
Recycling Center - The Recycling Center had been closed down
d except for Saturdays due to problems of contamination of the
dumpsters. The Recycling Center is now re- opened on a Monday
through Saturday basis from 7 a.m. to 3:30 p.m. The Department
feels that this will let more people utilize it and will avoid
the problems that were occurring due to the traffic congestion by
having it open only one day of the week. Negotiations are
ongoing with the County at this time as to who will be actually
paying for the supervision of the Recycling Center.
Consolidation Study - Trowbridge Associates has completed the
Northside Consolidation Study for the Department of Public Works
to determine how we can consolidate our Water and Sewer
facilities with our Streets and Facilities division at Willow
Avenue and Pier Road. Trowbridge did consider four different
alternatives and what is coming out of the study, is that it is
becoming somewhat apparent that it is going to be extremely
difficult to consolidate both Public Works and the Transit
Facility on the same site. It appears that there is not going to
be enough circulation, there is not going to be enough outside
storage for the bulk materials that we need to have on -site and
it has become a very tight site for us according to the
conclusions of the Trowbridge study.
Rental Housing Commission
John Efroymson reported that the Information Gathering Group for
this Commission will be conducting a pilot Rental Housing survey
in the Southside and explained the purpose and procedure for this
survey.
Questions followed from Council members to Mr. Efyromson and
discussion ensued on how this survey will be conducted.
Alderperson Cummings asked that the committee look at data
gathered by Kathie Evans regarding the non - student market as she
felt this would be helpful to them.
COMMUNICATIONS FROM THE MAYOR:
Intermunicipal Substance Abuse Committee
Mayor Nichols read from a resolution of the Tompkins County
Board of Representatives welcoming the creation of a
Intermunicipal Substance Abuse Committee and encouraging that
committee to conduct research and educational activities and
further that the Board of Representatives invites that
Intermunicipal group to make recommendations to County government
as a result of these activities. Mayor Nichols suggested that
the Human Services Committee might consider bringing a similar
resolution to the Council.
(4 7
( fl
6 July 11, 1990
Alderperson Johnson stated that it will be considered at the next
Human Services Committee meeting.
CITY ATTORNEY'S REPORT:
Inlet Island Property
City Attorney Guttman reported that the Ithaca Boating Center has
been occupying certain property owned by the City which is
supposed to be park land. The City has informed Mr. DeGraff that
he has to vacate that property and we now have in writing a
schedule by which he will vacate it. Mr. DeGraff has to clear
out some other space which he is going to move those activities
to and by the end of September he will have completely vacated
the City property on Inlet Island.
Buildina Code Violations
City Attorney Guttman reported that there are several
prosecutions in the works right now and he expects by next month
to have pleas entered and fines assessed. City Attorney Guttman
also reported on a lawsuit that Mr. Carey has brought against the
Building Commissioner involving Certificate of Compliance fees.
Fall Creek Designation
City Attorney Guttman reported that the designation has been
passed by the Assembly and the Senate and has been sent to the
Governor for his signature.
HUMAN SERVICES COMMITTEE:
* 17.2 Disability Advisory Council
By Alderperson Johnson: Seconded by Alderperson Golder
WHEREAS, in the City of Ithaca there exists a substantial number
of citizens with varying degrees of physical and mental
disabilities, who wish to enjoy the same rights and privileges as
the non - disabled presently possess, and
WHEREAS, it is recognized that most citizens shall probably
acquire some sort of disability, either of a permanent or
temporary nature, at some time in their life, and
WHEREAS, in the City of Ithaca there are presently many
impediments and barriers which effectively prevent disabled
residents and visitors from enjoying the same access to
buildings, communications, education, entertainment, housing,
transportation and other privileges that non - disabled individuals
have, and
WHEREAS, there are presently many federal, state and local laws,
rules, and regulations designed to guarantee various rights and
privileges to citizens with disabilities, and
WHEREAS, there presently exists no one body charged with the
responsibility of advising the Mayor and various offices of the
City of Ithaca as to how best advance and guarantee the rights of
citizens with disabilities, and
WHEREAS, the City of Ithaca, wishes to ensure that all citizens,
regardless of physical or mental disability, shall freely enjoy
all the rights and privileges possessed by citizens without a
disability; now, therefore, be it
RESOLVED, That the Mayor, with the approval of Common Council, is
authorized to appoint a Disability Advisory Council to be
composed of twelve (12) members, including representatives of the
disabled community and organizations serving it, a majority of
the members to be residents of the City of Ithaca and a majority
of the members considered possessing a disability, and be it
further
It
D
7
July 11, 1990
RESOLVED, That, initially, one third of the members of the
Advisory Council shall be appointed for a one year term each, one
third for a two year term each, and one third for a three year
term each, and thereafter all members shall be appointed for a
three year term each, and be it further
RESOLVED, That the Mayor, at the request of the Advisory Council,
is authorized to appoint members of various City departments and
boards, including, but not limited to, the Human Services
Committee, the Planning Board, the Building Department and the
Board of Public Works, as liaison or advisors to the Advisory
Council, and be it further
RESOLVED, That the Disability Advisory Council shall be charged
with the following:
1) to assess the problems in the City of Ithaca that present
the greatest obstacles to equal rights, access and
CD privileges for citizens with disabilities; and
M 2) to determine which problems and needs deserve the highest
D priority as well as those that have the greatest opportunity
(x] to be corrected; and
3) to maintain a regular liaison with the Mayor and appropriate
city boards for the purpose of making recommendations as to
how these problems may best be resolved; and
Amending Resolution
By Alderperson Cummings: Seconded by Alderperson Johnson
RESOLVED, That two - thirds of the membership of the Council shall
be City residents and that this amendment shall take effect on
July 1, 1991.
Discussion followed on the floor on the matter of City a
residency requirement for all Boards, Committees, Commissions and
Councils.
A vote on the Amending Resolution resulted as follows:
Ayes (5) - Cummings, Daley, Hoffman, Schroeder, Romanowski
Nays (3) - Peterson, Johnson, Golder
Carried
Main Motion as Amended
A vote on the Main Motion as Amended resulted as follows:
Carried (8 -0)
(40000, Appointments to the Disability Advisory Council
Mayor Nichols requested approval of Common Council for the
following appointments to the Disability Advisory Council.
Resolution
By Alderperson Daley: Seconded by Alderperson Johnson:
RESOLVED, That Council approves the following appointments as
recommended by the Mayor:
LeMoyne Farrell
4) to meet on a regular basis to review how well problems have
Eastwood Avenue
been resolved and receive input
from the community on new
Brenda Kuhn
problems or potential
problems
affecting the rights and
6/30/93
privileges of disabled
citizens.
Hector Street
(aw."
Alderperson Johnson spoke
on the
resolution and discussion
S. Parkway, Groton
followed on the floor.
6/30/93
Afi Binta -Lloyd
Amending Resolution
By Alderperson Cummings: Seconded by Alderperson Johnson
RESOLVED, That two - thirds of the membership of the Council shall
be City residents and that this amendment shall take effect on
July 1, 1991.
Discussion followed on the floor on the matter of City a
residency requirement for all Boards, Committees, Commissions and
Councils.
A vote on the Amending Resolution resulted as follows:
Ayes (5) - Cummings, Daley, Hoffman, Schroeder, Romanowski
Nays (3) - Peterson, Johnson, Golder
Carried
Main Motion as Amended
A vote on the Main Motion as Amended resulted as follows:
Carried (8 -0)
(40000, Appointments to the Disability Advisory Council
Mayor Nichols requested approval of Common Council for the
following appointments to the Disability Advisory Council.
Resolution
By Alderperson Daley: Seconded by Alderperson Johnson:
RESOLVED, That Council approves the following appointments as
recommended by the Mayor:
LeMoyne Farrell
120
Eastwood Avenue
expiring
6/30/93
Brenda Kuhn
330
Elm Street
expiring
6/30/93
Diann Sams
412
Hector Street
expiring
6/30/93
Sherry Thurston
113.
S. Parkway, Groton
expiring
6/30/93
Afi Binta -Lloyd
201
Cleveland Avenue
expiring
6/30/92
c�
July 11, 1990
Richard Farruggio
317
S. Cayuga Street
expiring
6/30/92
Jon W. Merritt
719
W. Clinton Street
expiring
6/30/92
Ray Reynolds
497
Podunk Road, T'Burg
expiring
6/30/92
David Farmer
85
Drake Road, Lansing
expiring
6/30/91
Carol Franco
845
Auburn Road, Lansing
expiring
6/30/91
Lynn Logan
47
Middaugh Road, B'dale
expiring
6/30/91
Diana Pogson
105
Crescent Place
expiring
6/30/91
Carried
(8 -0)
BUDGET AND ADMINISTRATION COMMITTEE:
* 16.11 Sale of Land to Sciencenter
By Alderperson Peterson: Seconded by Alderperson Daley
WHEREAS, the Science Discovery Center of Tompkins County is
interested in constructing a Sciencenter in the City of Ithaca;
and
WHEREAS, Common Council believes that the existence of such a
Sciencenter within the City of Ithaca will have many benefits to
the City including, but not limited to, providing and improving
cultural and educational benefits for City residents, increasing
tourism within the City, and increasing land values in the
surrounding neighborhoods; and
WHEREAS, the Science Discovery Center of Tompkins County would
like the Sciencenter to be located on an approximately one -acre
parcel of land which previously housed the former sewage
treatment plant; and
WHEREAS, the property has an appraised value, if it was zoned as
B -4, of $159,000; and
WHEREAS, since the property is currently zoned P -1 and is
intended to remain zoned P -1, the value of the property may,
therefore, be less than $159,000; and
WHEREAS, the Science Discovery Center of Tompkins County is
willing to acquire the property with certain restrictions;
NOW, THEREFORE, in consideration of the above factors,
be it
RESOLVED, that the Common Council of the City of Ithaca hereby
determines that considering the zoning of the property and the
deed restrictions which are to be applied to the property, that
the full value of this property is $104,000; and be it
RESOLVED, that the City Attorney is authorized to negotiate and
draft a proposed contract with the Science Discovery Center of
Tompkins County for the transfer of the said property on the
following terms:
1. The City will sell the said property to the Science
Discovery Center of Tompkins County for the price of $104,000 and
convey good and marketable title by bargain and sale deed.
2. The property will be surveyed with the cost of the
survey to be paid by the City of Ithaca.
3. Upon signing the contract, the Science Discovery Center
of Tompkins County will deliver to the City a deposit in the
amount of $25,000. This $25,000 deposit will be non - refundable
unless the City exercises its power of eminent domain to void the
contract and retain ownership of the property.
4. The balance of the purchase price shall be paid to the
City in cash or certified check at time of closing which will be
held on or before December 31, 1991, time being of the essence.
5. The Science Discovery Center of Tompkins County will,
upon signing the contract, proving that they are carrying one
9 July 11, 1990
million dollars of liability insurance naming the City as an
additional insured, and agreeing to indemnify and hold the City
harmless for any liability arising out of this Science Discovery
Center of Tompkins County's use and occupation of the property,
be entitled to occupancy of the property.
6. If, by December 31, 1993, the Sciencenter has not been
constructed and opened to the public, the City shall have the
('0400e option of reacquiring the property for the price of $104,000.
7. There will be a provision in the deed to the effect that
if, for a period of 50 years after closing, the Science Discovery
Center of Tompkins County intends to sell the property, it must
first offer the property to the City of Ithaca for the then -
appraised value of the property including the buildings thereon.
The procedure for this would be that the Science Discovery Center
of Tompkins County would notify the City of its intention to sell
P. the property. The City would then, within a period of 45 days
CO after receiving such notification, determine whether it is
interested in purchasing the property for the appraised value.
If the City is interested in so acquiring the property, it would
notify the Science Discovery Center of Tompkins County. The
(� Science Discovery Center of Tompkins County and the City would
Q then agree on an appraiser to appraise the property. In the
event the Science Discovery Center of Tompkins County and the
City were unable to agree on such an appraiser, the issue would
be resolved by arbitration. The cost of the appraisal would be
split equally between the City and the Science Discovery Center
of Tompkins County. Within 45 days after the appraisal was
completed, the City would have the option of purchasing the
property for the appraised value. In such event, the parties
would immediately enter into a contract for the City to purchase
the property at that price, the closing to take place within
three months after signing of the contract.
In the event the Science Discovery Center of Tompkins County
desired to sell the property and the City did not purchase the
property for the appraised value, and the Science Discovery
Center of Tompkins County received a bona fide offer to purchase
the property which the Science Discovery Center of Tompkins
intended to accept, then the City would have the right of first
refusal to acquire the property under the terms of that offer.
The City would have 45 days after receipt by the City of a copy
of said bona fide offer and notice that the Science Discovery
Center of Tompkins County intended to accept said offer to
exercise its right of first refusal.
If the Science Discovery Center of Tompkins County advised
the City that it intended to sell the property and the City chose
not to have the property appraised (with the City being
responsible for one half of the cost of the appraisal), then the
City of Ithaca's right of first refusal would automatically be
deemed waived.
8. There would be an additional provision in the deed to
the effect that if, for a period of 50 years after closing, the
Science Discovery Center of Tompkins County intends to sell the
property and does not intend to immediately open a new
Sciencenter equivalent in size, scope and activity, at some other
location within the City of Ithaca, the City of Ithaca shall have
the option of purchasing the property at the then - appraised value
of the land alone excluding improvements which have been placed
upon the property. The value of the land would be determined by
appraisal as above provided.
9. There shall be an additional provision in the deed
providing that any buildings constructed on the property shall
not exceed 40 feet in height as such term is defined in Section
30.3(B)(47) of the City of Ithaca Municipal Code.
10
July 11, 1990
10. There shall be an additional provision in the deed
insuring the sharing of parking spaces by the subject premises
and the adjacent premises now owned by the City of Ithaca.
11. There shall be an additional provision in the deed which
would run for a period of 50 years after closing to the effect
that if at any time after the initial construction of the
Sciencenter there shall be any significant exterior renovations
to the buildings on the premises, the plans for such exterior
renovations shall be subject to the approval of the City of
Ithaca.
City Attorney Guttman informed Council that he and Attorney
Stumbar, representing the Sciencenter are discussing a few
changes in the wording of the contract.
Discussion followed regarding 40 versus 50 years in paragraphs #7
and #8 and the matter of environmental assessment.
Postponement of Discussion on Agenda Item 16.11
By Alderperson Daley: Seconded by Alderperson Romanowski
RESOLVED, That discussion of the sale of City land to the
Sciencenter be postponed until later in the meeting after the
environmental issue has been discussed.
Carried (8 -0)
Negative Declaration
By Alderperson Daley: Seconded by Alderperson Romanowski
RESOLVED, That the Council discuss the negative declaration that
was prepared for the sale of City land to the Sciencenter.
Discussion followed on the floor on the Negative Declaration for
the sale of City land to the Sciencenter with opinions being
expressed by several Alderpersons.
A vote on the issue of the Council approving, as Lead Agency, a
Negative Declaration on the matter of the sale of City land to
the Sciencenter resulted as follows:
Carried (8 -0)
Sale of City Land to the Sciencenter
Alderperson Hoffman suggested that under Item #7, in the second
line, words "for all be deleted and the word "during" be inserted.
In Item #8, in the second line, the same change be made. In Item
#9, third line, add the word "currently" before the word defined,
and in Item #10, at the end of the paragraph, add the following
words: "The City of Ithaca shall not be obligated to construct
or maintain such parking spaces."
All of the above changes were accepted by the Council and
therefore incorporated into the resolution.
Alderperson Blanchard arrived at the meeting at 9:15 p.m.
A vote on the motion to sell City land to the Sciencenter
resulted as follows:
Carried (9 -0)
Recess
The Council recessed at 9:20 p.m. and reconvened at 9:35 p.m.
Alderperson Cummings left the meeting at 9:20 p.m.
CHARTER AND ORDINANCE COMMITTEE:
* 14.1 Environmental Review of Footnote 1, Section 30.37 (A)(4)
Determination of Non - significance
By Alderperson Peterson: Seconded by Alderperson Daley
WHEREAS, the matter of amending the regulations pertaining to the
off - street parking requirements for rental dwelling units is
currently being considered by this Common Council, and
„1
11 July 11, 1990
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 SEAF and LEAF-Form dated May 22,
1990, and be it further
RESOLVED, That this Common Council, as lead agency be and it
co hereby does determine that the proposed action will not have a
M significant effect on the environment, and that further
environmental review is unnecessary under the circumstances, and
[Q be it further
Q 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.
Carried (8 -0)
* 14.2 An Ordinance to Amend Footnote 1 to the "Parkins( Space
Requirement Chart" of Section 30.37(A)(4) of Chapter 30 Entitled
'Zoning' of the City of Ithaca Municipal Code
By Alderperson Peterson: Seconded by Alderperson Daley
An Ordinance Amending Footnote 1 to the
"Parking Space Requirements Chart" of Section 30.37(A)(4)
of the Municipal Zoning Ordinance
WHEREAS, footnote 1 to the current "Parking Space Requirements
Chart" of Section 30.37 (A)(4) of the Municipal Zoning Ordinance
directs that parking spaces in rental dwelling units must be
provided by the owner of the units without additional charge to
the tenant, and
WHEREAS, the Common Council of the City of Ithaca wishes to
ensure that the owners of automobiles bear the actual costs of
maintaining such automobiles, and
WHEREAS, it appears that the requirement that owners of rental
dwelling units provide parking spaces for free for their tenants
may have encouraged the practice of raising the rent for all
tenants whether they are car owners or not as a method of
recouping the profits which would have been made by directly
charging tenants with cars for parking spaces, and
WHEREAS, an environmental review of the effects of changing this
ordinance was conducted by the Planning Department and it appears
that the proposed action will not have a significant impact on
the environment, and
WHEREAS, a public hearing on this proposed change to the zoning
ordinance was held at the May 2, 1990 meeting; now, therefore, be
it
12
July 11, 1990
RESOLVED, That footnote 1, to the "Parking Space Requirements
Chart" of Section 30.37 (A)(4) of the Municipal Zoning Ordinance
is hereby amended to remove the sentence which reads: "in the
case of rental dwelling units, the required number of parking
spaces must be provided by the owner without additional charge to
the tenant."
Carried (8 -0)
* 14.3 An Ordinance to Add Section 65.33 to Chapter 65 Entitled
"Public Safety" of the City of Ithaca Municipal Code - Public
Urination
By Alderperson Peterson: Seconded by Alderperson Johnson
ORDINANCE NO. 90
AN ORDINANCE ADDING SECTION 65.33 ENTITLED "PUBLIC URINATION
PROHIBITED" TO CHAPTER 65 ENTITLED "PUBLIC SAFETY" OF THE CITY OF
ITHACA MUNICIPAL CODE.
BE IT ORDAINED AND ENACTED by the Common Council of the City
of Ithaca, New York, as follows:
Section 1. That Chapter 65 of the Municipal Code is hereby
amended to add a new section to be numbered Section 65.33. It
shall provide that:
No person shall urinate or defecate in a public place except
in a restroom facility. For the purpose of this section, public
place shall mean any place to which the public or substantial
group of persons has access and includes, but is not limited to,
highways, pedestrian malls, streets, sidewalks, parking areas,
municipal parking ramps, other transportation facilities, pools,
places of amusement, parks, playgrounds and hallways, lobbies and
other portions of apartment houses and hotels not constituting
rooms or apartments designed for actual residence.
The violation of this section shall be a violation and
punishable by a fine not greater than $250 and /or not more than
15 days in jail.
Section 2. Effective Date.
This ordinance shall take effect immediately and in
accordance with law upon publication of a notice as provided in
Section 3.11(B) of the Ithaca City Charter.
Discussion followed on the floor.
A vote on the resolution resulted as follows:
Carried (8 -0)
* 14.4 Administration of Recreational River Designation
By Alderperson Peterson: Seconded by Alderperson Schroeder
WHEREAS, that Common Council has endorsed the designation of
Fall Creek as a recreational river and has requested Assemblyman
Luster and Senator James Seward to develop appropriate
legislation to facilitate the timely designation of Fall Creek
within the City of Ithaca; and
WHEREAS, such legislation has been approved by both Houses of the
State Legislature and is currently awaiting signature by the
Governor, and
WHEREAS, Common Council has requested that the responsibility for
the administration of the designated area be delegated to an
appropriate agency of government of the City of Ithaca; and
31
13 July 11, 1990
WHEREAS, the proposed legislation specifically provides that
responsibility for the administration of the area designated
therein be delegated to the City of Ithaca pursuant to the
appropriate regulations; and
WHEREAS, Section 666.5 of the Regulations for Administration and
Management of the Wild, Scenic and Recreational Rivers System in
New York State specifically provides that the Department of
Environmental Conservation shall encourage participation by local
governments and that pursuant to Section 3- 0301(2) (p) of the
Environmental Conservation Law, the Commissioner of the
Department of Environmental Conservation may delegate to a local
government powers, functions and responsibilities for
administration of designated river areas which it deems proper
upon determining that such local government has adequate legal
authority, expertise, staff, funding and such-other capabilities
as the Commissioner may prescribe as being necessary to fully
carry out such powers, functions and responsibilities in place of
the Department and in a manner consistent with the act; and
WHEREAS, in the event the proposed legislation is adopted, the
City of Ithaca must be ready to accept the responsibility of
m administering this project; now, therefore, be it
RESOLVED, that the Zoning Board of Appeals is hereby designated
as the agency responsible for administering Fall Creek as a
recreational river and for granting necessary and appropriate
permits and variances in accordance with Part 666 of the New York
Code, Rules and Regulations.
Amending Resolution
By Alderperson Schroeder: Seconded by Alderperson Johnson
RESOLVED, That in the Resolved Clause the Zoning Board of Appeals
be changed to read the Planning and Development Board.
Extensive discussion followed regarding the amending resolution.
A vote on the Amending Resolution resulted as follows:
Ayes (5) - Johnson, Golder, Peterson, Daley, Schroeder
Nays (3) - Romanowski, Blanchard, Hoffman
Carried
Main Motion as Amended
A vote on the Main Motion as Amended resulted as follows:
Carried (8 -0)
* 14.5 Determination of Significance for CEQR Revisions
(Referral to Planning and Development Department)
By Alderperson Peterson: Seconded by Alderperson Johnson
WHEREAS, Common Council of the City of Ithaca wishes to
incorporate, in an orderly fashion, environmental factors into
the existing planning and decision - making processes of the City,
and
WHEREAS, Common Council of the City of Ithaca wishes to
integrate the City Environmental Quality Review Ordinance with
the State Environmental Quality Review Ordinance; now, therefore,
be it
RESOLVED, that Common Council does hereby approve in concept the
proposed City Environmental Quality Review Ordinance, subject to
environmental review of this ordinance; and be it further
RESOLVED, that the Planning Department is directed to prepare
appropriate environmental review of the adoption of this
ordinance and report back to Common Council, as lead agency, its
findings.
Carried (8 -0)
ray.
14 July 11, 1990
* 14.6 Municipal Code Renumbering
By Alderperson Peterson: Seconded by Alderperson Schroeder
WHEREAS, it has come to the attention of the Charter and
Ordinance Committee that the Regulation of Smoking Ordinance and
Maintenance of City Trees Ordinance have both been numbered
Chapter 67 in the City Charter; now, therefore, be it
RESOLVED, That the Regulation of Smoking Ordinance be Chapter 67
and the Maintenance of Street Trees be Chapter 71.
Carried (8 -0)
Shade Tree Ordinance - Report
Alderperson Peterson reported that the City Forester presented
the Charter and Ordinance Committee with three amendments that
he would like the Committee to look at. The Committee has sent
these amendments back to the Shade Tree Committee with several
suggestions. She reminded Council that this is the time to look
at trees on private property. It will be back to Council in the
next month or two.
Section 27.9 of the Housing Code - Report
Alderperson Peterson stated that regarding the issue of Maximum
Occupancy that was discussed at the Committee of the Whole, there
has since been a meeting with the Chuck Guttman, Eric Datz, Brian
Wilbur, Mary Louise Battisti, Barbara Blanchard and herself. The
City Attorney has drafted a different version of the Maximum
Occupancy that will be discussed at the Charter and Ordinance
Committee on July 17th.
PLANNING AND DEVELOPMENT COMMITTEE:
* 15.1 Hydropower Development at Ithaca Falls
By Alderperson Hoffman: Seconded by Alderperson Peterson
WHEREAS, the Hydropower Commission has thoroughly considered all
aspects of hydropower development at Ithaca Falls, and, 11""d
WHEREAS, the Commission has determined that the development of a
hydropower facility by the City of Ithaca is economically
unattractive, based on present cost and revenue projections,
and,
WHEREAS, there remain many unresolved issues related to the
City's development of a hydropower facility, including the legal
authority of the City to sell power and the price for which the
power might be sold, and,
WHEREAS, there is significant citizen opposition to the
development of a hydropower facility at Ithaca Falls, and,
WHEREAS, the City of Ithaca has supported the designation of Fall
Creek as a recreational river, in part because such designation
would prohibit hydropower development, and,
WHEREAS, a designation of Fall Creek as a recreational river has
been approved by both Houses of the Legislature and is awaiting
the signature of the Governor, and
WHEREAS, the Commission believes that should another party
pursue the development of hydropower at Ithaca Falls, the City
would be in a better position than it was previously to exercise
control. over possible negative impacts to Fall Creek and the
surrounding landscape, and,
WHEREAS, the further development of a hydropower facility would
require large amounts of staff time and would require the
expenditure of funds for consulting engineers, and,
WHEREAS, the Commission recommends that the pursuit of energy
conservation is a better alternative to the development of new
power generating facilities, and
(S 1�
15 July 11, 1990
WHEREAS, the Commission has determined that there are
unavoidable and unacceptable negative environmental impacts that
would result from any hydropower facility at Ithaca Falls, and
WHEREAS, that the Hydropower Commission has recommended that the
City of Ithaca cease development of a city -owned hydropower
facility at Ithaca Falls; now, therefore, be it
RESOLVED, that the Common Council directs -the Department of
(44� Planning and Development to commence the process of surrendering
the city's license to build a hydropower facility at Ithaca
Falls, and be it further
RESOLVED, that the Hydropower Commission is hereby thanked for
its extensive efforts in reviewing and making recommendations
regarding hydropower development in Ithaca, and be it further
RESOLVED, that the Hydropower Commission is hereby dissolved.
Co Alderperson Hoffman gave Council background information on the
M resolution.
D
(xj A vote on the resolution resulted as follows:
Carried (8 -0)
*
15.2 Route 96 Improvement Project; Traffic Mitigation Measures
By Alderperson Hoffman: Seconded by Alderperson Johnson
WHEREAS, the construction phase of the Rt. 96 improvement project
will create serious traffic problems in the already congested
western portion of the City, and
WHEREAS, the establishment of park- and -ride lots, a coordinated
carpooling system, and other traffic mitigation measures would
help alleviate some of these problems, and
WHEREAS, it will be necessary to put these measures in place well
before the actual construction phase begins, and
WHEREAS, it is the City's understanding that funds to establish
peripheral lots, a carpooling system, and similar traffic
mitigation measures can be incorporated into the project budget
for the Rt. 96 Project; now, therefore, be it
RESOLVED, that the City requests that the New York State
Department of Transportation include sufficient funds in the Rt.
96 project budget to implement traffic impact mitigation measures
prior to and during the construction phase of the project.
Alderperson Blanchard suggested that the Resolved Clause read as
follows:
"Resolved, that the City requests that the New York State
Department of Transportation work with the City to develop
traffic impact mitigation measures and include sufficient funds
in the Rt. 96 project to implement such measures ....etc."
(600e, It was agreed by the Council that this wording be included in the
resolution.
Alderperson Peterson commented on the matter of signalization at
the Octopus. She requested that the Mayor pursue that question
with Mr. Simberg when this resolution is conveyed to the State
DoT.
A vote on the resolution resulted as follows:
Carried (8 -0)
16
July 11, 1990
* 15.3 Guide for Zoning Ordinance Amendments
By Alderperson Hoffman: Seconded by Alderperson Johnson
WHEREAS, there is a need for a clear process to guide the
development and review of amendments to the Zoning Ordinance and
Official Map; and
WHEREAS, a draft guide for Zoning Ordinance Amendments has been
developed and reviewed by both the Planning Board and Planning
and Development Committee; now, therefore, be it
RESOLVED, that the Guide for Zoning Ordinance Amendments dated
June 11, 1990 is hereby adopted by Common Council to serve as a
procedural guide for the consideration of proposed amendments to
the Zoning Ordinance; and be it further
RESOLVED, that the adoption of this guide shall not in any way
substitute for or obviate the need for strict compliance with the
procedural requirements for zoning ordinance amendments contained
in state or local laws; and be it further
RESOLVED, that the adoption of this guide shall not constitute a
new set of binding procedural requirements for the amendment of
the Zoning Ordinance, and that failure to follow the procedural
suggestions in this guide shall not cause a defect in the
approval of a zoning ordinance amendment, provided all legal
requirements are met.
Discussion followed on the floor regarding review by the Planning
and Development Board.
Resolution to Table
By Alderperson Schroeder: Seconded by Alderperson Daley
RESOLVED, That the matter of a Guide for Zoning Ordinance
Amendments be tabled.
Carried (8 -0)
Inlet Island Alienation - Report
Alderperson Hoffman reported that the Committee agreed that it
would consider the resolution to begin the alienation process for
various City -owned parcels on Inlet Island. There is some
disagreement whether the next step should be alienation or the
next step should be some kind of a master plan for Inlet Island
that first define what sort of open space or park would remain
there. This matter will be discussed at the Planning and
Development meeting next week.
Public Transportation /Downtown Parking - Report
Alderperson Hoffman reported that the committee began discussion
on the report for downtown parking measures considering the study
by the consultant and the ad hoc committee recommendations.
Since then the committee has received recommendations from the
Planning Board which suggests in addition to consideration of
changes to the parking system, that promotion of public
transportation and other design considerations for downtown be
considered at the same time.
EQBA Grant Application
Alderperson Hoffman stated that the deadline for submitting this
grant is September 15th. The committee has been looking at two
possibilities. One is the new Northside Park on the former Pogo
Parcel and the second would be acquisition of lands in the Six
Mile Creek area. He stated that there is a meeting with Bob
Gonet of State Parks on Friday morning in which we will try to
rate the possible projects to determine which one has a better
chance of approval. Council will have to act at its August
meeting to decide whether it wants to submit such grant.
Discussion followed with Planning and Development Director Van
Cort answering questions from Council members.
IR
35
17
July 11, 1990
Mayor Nichols stated, for the record, that we do have a waiver on
the Pogo Parcel that if the City were to receive a EQBA Grant, we
could use the money against the purchase we have already made.
BUDGET AND ADMINISTRATION COMMITTEE:
* 16.1 Planning Department - Capital Budget Review Process
By Alderperson Peterson: Seconded by Alderperson Schroeder
WHEREAS, the City's Capital Budget Review Process as it presently
exists has been lengthy and unstructured, and
WHEREAS, the existing Capital Budget Review Process has not
provided the City government sufficiently detailed evaluations of
proposed capital projects to allow the City to reach timely and
adequately informed decisions regarding the priority and funding
of capital projects; now, therefore be it
RESOLVED, That Common Council endorses the following general
�. framework for a revised Capital Budget Review Process:
CD 1. There shall be a Capital Budget Review Process Committee
M (the Committee) consisting of the following members: the
D chairpersons of the Budget and Administrative Committee and the
M Planning and Development Committee; two persons from the Board of
d Public Works and two persons from the Planning and Development
Board, as those boards shall determine; the Director of the
Planning and Development; the Superintendent of Public Works; and
the City Controller. Each member of the Committee may designate
an alternate, as he /she desires, and that alternate may act in
whatever capacity the committee member determines is appropriate.
The Mayor shall not be a member of the Committee but shall
participate in its deliberations to whatever extent the Mayor
determines is feasible and desirable.
2. The Committee shall be chaired by the Director of
Planning and Development, and the Director shall be responsible
for calling the meetings of the Committee.
3. The Capital Budget Review Process shall operate on the
following general schedule:
a) by April 15th of each year the Director of Planning and
Development shall solicit requests for capital projects in
the following year;
b) project requests shall be turned in to the Director by
June 15th;
c) by June 30th, the Director of Planning and Development,
the Superintendent of Public Works, and the City Controller
(or their designees) shall review each capital project
request for factual accuracy and shall request modified or
additional information from the entity or person submitting
that request necessary for the Committee to conduct its
review;
d) the Committee shall conduct its review of all the
proposed capital projects during July and August and
complete that review by August 31st;
e) upon completion of review the Committee shall submit its
recommendations regarding capital projects to the Mayor, so
that he /she may consider them in preparing the Mayor's
proposed budget for the following year, and to the Budget
and Administration Committee (and a copy of these
recommendations shall be sent to each City department head).
4. In conducting its review and making its recommendations,
the Committee shall be responsible for:
M
July 11, 1990
a) reviewing in detail the proposed capital projects and
ranking all these projects in terms of their importance to
the City;
b) determining which capital projects the Committee
believes should be undertaken in the following year
(referred to hereafter as "recommended capital projects ")
and which projects should be included in the City's five
year Capital Improvement Program;
C) ranking the recommended capital projects in terms of
their funding priority for the following years;
d) indicating the schedule for design and construction of
the recommended capital projects; and
e) stating the alternatives available to the City for
funding each recommended capital project on a year by year
basis.
5. In order that the Committee is fully informed about the
nature, need, and expense associated with proposed capital
projects and in order that City departments are informed about
the Committee's deliberations, the Committee shall be responsible
for meeting and communicating with the appropriate department
heads regarding the project proposals. The Committee shall also
be responsible for meeting and communicating with such other
persons as it determines is necessary and appropriate in order
for it to complete its review and recommendations.
6. No capital project proposed in a previous year shall be
reviewed by the Committee unless an updated proposal for that
project is resubmitted for the Committee's review during the
current year. This provision shall apply to both proposed
projects that were funded and those that were not funded in
previous years.
7. All capital project requests shall be typed and
submitted in such form as the Committee determines is
appropriate; and be it further
RESOLVED, That in order to facilitate the Capital Budget Review
Process in future years, the Board of Public Works shall take
those steps necessary to develop, maintain, and update on a
continuous basis repair and replacement schedules for all major
infrastructure elements in the City (e.g., roads, bridges, sewer
pipes, storm drains, and water supply pipes), such schedules to
provide forecasts for repairs and replacements needed over five,
ten, fifteen, and twenty year periods (or such other periods as
the Board determines are appropriate), and be it further
RESOLVED, That Common Council requests that the Board of Public
Works, working with the appropriate City departments and boards,
develop and implement viable processes for creating public
dialogue and obtaining public input with respect to capital
projects that may be controversial, before those projects are
funded and /or plans for those projects are finalized.
Mayor Nichols stated, for the record, that the Board has set up a
committee to prepare a plan to comply with the last Resolved.
Discussion followed on the floor.
A vote on the resolution resulted as follows:
Carried (8 -0)
D
co
M
Q
19 July 11, 1990
* 16 .2 Planning Department - GIAC Pool Amend Architectural
Design Contract
By Alderperson Peterson: Seconded by Alderperson Romanowski
WHEREAS, HOLT Architects has provided services to the City
relative to the New York State Electric and Gas investigation of
contaminated materials discovered on the proposed GIAC Pool
construction site, and
WHEREAS, in view of the fact that this was an unforeseen issue
when the original agreement was prepared, and
WHEREAS, the Planning Department has recommended that the
involvement of HOLT Architects in discussions relating to the
handling of such contaminants is imperative to permit the proper
design of the GIAC Pool; now, therefore, be it
RESOLVED, That the agreement between the
be amended to provide for up to $2,746.
already provided and additional services
contaminated material, such services to
existing Capital Project authorization.
City and HOLT Architects
to cover both services
related to the issue of
be provided within the
Carried (8 -0)
* 16.3 Planning Department - Request to Transfer Funds to
Purchase Computer Equipment
By Alderperson Peterson: seconded by Alderperson Daley
WHEREAS, the Planning Department has requested additional
computer hardware and software items to meet current operational
needs; now, therefore, be it
RESOLVED, That the authorized equipment list of the Planning
Department be amended as follows:
one IBM Compatible
Two IBM Compatible
AutoCAD CAD
One Laser Printer
and be it further
Computer Unit 3,900
Computer Units 2,900
Software 2,200
3,000
RESOLVED, That the acquisition of such hardware and software
items shall be funded by the following transfers within existing
Planning Department budget appropriations:
A. Transfer $4,000 from Account A8020 -105 Administrative
Salaries to Account A8020 -210 Office Equipment.
B. Transfer $4,000 from Account A8020 -425 Office Expenses
to Account A8020 -210 Office Equipment.
C. Transfer $4,000 from Account A8020 -435 Contractual
Services to Account A8020 -210 Office Equipment.
Carried (8 -0)
*
16.4 Youth Bureau - Request to Amend 1990 Budget (Adult
Program)
By Alderperson Peterson: Seconded by Alderperson Schroeder
RESOLVED, That the 1990 budget be amended by increasing Account
A7311 -460, GIAC Program Supplies by $250., and be it further
RESOLVED, That Account A2070 Contributions for Youth be
conversely increased by $250 to reflect a fund raising effort for
such purposes.
Carried (8 -0)
') I
20 July 11, 1990
* 16.5 Youth Bureau Request to Amend 1990 Budget-
(Bottomline /REACH Program)
By Alderperson Peterson: Seconded by Alderperson Johnson
WHEREAS, GIAC has secured a Grant from Cornell University of
$1,000 to fund the establishment of a summer Vocational Education
Program; now, therefore, be it
RESOLVED, That Account A2070 be increased by $1,000 to reflect
the receipt of this Grant, and be it further
RESOLVED, That the 1990 budget for GIAC be amended as follows to
implement said Program:
A. Transfer $1,000 from Account A7311 -120, Part /time
Seasonal Salaries to Account A7311 -435, GIAC
Contractual Services in the amount- of $850, and the
balance of $150 to Account A7311 -445, GIAC Travel and
Mileage, and
B. Increase Account A7311 -445, Travel and Mileage, by $475
and Account A7311 -460, GIAC Program Supplies, by $525
as a result of the receipt of the aforementioned Grant.
Carried (8 -0)
* 16.6 GIAC - Request to Amend 1990 Equipment List
By Alderperson Peterson: Seconded by Alderperson Johnson
RESOLVED, That subject to availability, one surplus automobile
shall be transferred from the Department of Public Works to GIAC
for program use, and be it further
RESOLVED, That GIAC staff shall allocate the required operation
and maintenance costs of said additional vehicle within existing
budget appropriations for the balance of the 1990 fiscal year.
Carried (8 -0)
* 16.7 Youth Bureau - Transfer of Funds to Purchase Copy Machine
(Cass Park)
By Alderperson Peterson: Seconded by Alderperson Golder
RESOLVED, That the authorized equipment list of the Youth Bureau
be amended to include one copy machine at an amount not to exceed
$1,395., and be it further
RESOLVED, That the following transfers be made from existing
appropriations for such purpose:
Increase Account A7310 -210 Office Equipment $1,395
Decrease Account A7310 -225 Other Equipment (622)
Decrease Account A7310 -440 Staff Development (500)
Decrease Account A7310 -460 Program Supplies (273
* 16.8 Youth Bureau - Request to Amend
By Alderperson Peterson: Seconded by A
WHEREAS, the Youth Bureau has secured a
University Office of Equal Opportunity
four -week summer project within the
Program; now, therefore,, be it
Total $1,395
Carried (8 -0)
1990 Budget
Lderperson Schroeder
$2,000 Grant from Cornell
for the development of a
Paul Schreurs Memorial
RESOLVED, That Account A2070, Contributions for Youth, be
increased by $2,000 to reflect the receipt of such Grant, and be
it further
3!)
21
July 11, 1990
RESOLVED,
That
the 1990
budget for Youth Bureau purposes be
amended as
follows:
Increase
Account
A7310 -435
Contractual Services
$1,000
Increase
Account
A7310 -470
Rental of Equipment
960
Increase
Account
A7310 -460
Program Supplies
40
Carried (8 -0)
* 16.9 Youth Bureau - Request to Amend 1990 Budget
(400".1 By Alderperson Peterson: Seconded by Alderperson Schroeder
WHEREAS, the Youth Bureau has received confirmation of a $3,000
Grant from the New York State Education Department for expansion
of the Access to College Educations (A.C.E.) Program; now,
therefore, be it
RESOLVED, That the 1990 budget be amended as follows:
A. Increase Estimated Revenues, Account A3820, State Aid
(o for Youth Programming by $3,000.
M B. Increase Appropriations Account A7310 -120, Part -time
D Seasonal Salaries, and A7310 -460, Program Supplies, by
[n $2,000 and $1,000 respectively.
Q Carried (8 -0)
* 16.10 GIAC - Appointment of Senior Steno
By Alderperson Peterson: Seconded by Alderperson Johnson
RESOLVED, That Julia Ortiz be provisionally appointed to the
position of Senior Stenographer at GIAC, at an annual salary of
$14,504, which is Grade 9 /Step 3 on the 1990 CSEA Administrative
Unit Compensation Plan for 35 hour per week employees.
Carried (8 -0)
* 16.12 D.P.W. - Request to Amend 1990 Wastewater Treatment
Plant Budget and Equipment List
By Alderperson Peterson: Seconded by Alderperson Schroeder
RESOLVED, That the authorized equipment list for the Ithaca Area
Wastewater Treatment Plant, covered by the Joint Activity Fund,
be amended as follows:
Add one Computer and Plotter $ 4,415
Add one Refrigerator (with locking
mechanism) 1,600
Add one Ice Maker (for Lab Analysis) 1,900
Add one ISCO Flow Meter 4,000
Total $11,915
and be it further
RESOLVED, That $11,915 be transferred from Account J8150 -496,
Laboratory Supplies to Account J8150 -225, Other Equipment, to
finance such acquisitions.
Carried (8 -0)
* 16.13 D.P.W. - Request to Establish Temporary Position in the
Water and Sewer Department
By Alderperson Peterson: Seconded by Alderperson Schroeder
WHEREAS, Bill Riker will be retiring from his position of
Principal Account Clerk within the Water and Sewer Division of
the Department of Public Works on August 4, 1990, and
WHEREAS, the City Engineer has requested that a replacement be
hired prior to Mr. Riker's effective retirement date, in order to
allow a one month training and transitional period; now,
therefore, be it
RESOLVED, That the authorized position roster of the Water and
Sewer Division of the Department of Public Works be temporarily
increased to reflect one additional Principal Account Clerk
position, and be it further
,7,()
22 July 11, 1990
RESOLVED, That said roster shall revert back to its original
staffing level subsequent to Mr. Riker's retirement.
Carried (8 -0)
* 16.14 D.P.W. - Request to Transfer Funds for Purchase of Air
Breathing Pump
By Alderperson Peterson: Seconded by Alderperson Golder
WHEREAS, during a recent safety inspection by the New York State
Department of Labor, Division of Safety and Health, the
Department of Public Works was informed that equipment used by
employees involved in the maintenance of bridges was not in
compliance with revised OSHA standards, and
WHEREAS, the Board of Public Works wishes to ensure that the
Bridge Maintenance Program is in compliance in all respects with
OSHA standards; now, therefore, be it
RESOLVED, That the authorized equipment list of the Department of
Public Works be amended to include one air breathing pump, the
acquisition of which shall be made within existing departmental
appropriations (at an approximate cost of $1,880.)
Carried (8 -0)
* 16.15 Attornev - Request to Transfer Funds to fund Balincx
Station Litigation
By Alderperson Peterson: Seconded by Alderperson Schroeder
WHEREAS, the cost to date of litigation relative to the County
proposal to construct and operate a Baling Transfer Station in
the City of Ithaca at the Commercial Avenue site has exceeded the
original allocation by approximately $3,000.; now, therefore, be
it
RESOLVED, That an additional $3,000 be transferred from Account
A1990, Unrestricted Contingency, to Account A1420 -430, Fees for
Professional Services, for such purpose.
Discussion followed on the floor with City Attorney Guttman
answering questions from Council members regarding the change
from the original allocation.
A vote on the resolution resulted as follows:
Carried (8 -0)
* 16.16 Finance Department - Request to Charqe Sales Tax on
Parking Lots and Ramps
By Alderperson Peterson: Seconded by Alderperson Romanowski
WHEREAS, Legislation recently enacted by the State of New York in
conjunction with the adoption of the 1990 -91 State budget now
requires that sales tax be charged on all off - street parking
fees, retroactive to June 1, 1990, and
WHEREAS, even though the Mayor has joined Municipalities across
the State voicing opposition to said enactment, and
WHEREAS, at this point in time it is unknown as to whether a
delay until January 1, 1991, or an eventual repeal of such
legislation can be won at the State level, and
WHEREAS, to avoid a significant shortfall in our 1990 revenue
estimated to be derived from off - street parking, the Budget and
Administration Committee in conjunction with the City Controller
have recommended that sales tax be collected where practicable,
effective as soon as possible; now, therefore, be it
RESOLVED, That sales tax be collected at all City operated
parking lots and ramps, and that such applicable tax be added to
all parking permits issued for the month of August and
thereafter, and be it further
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23
July 11, 1990
RESOLVED, That the Board of Public Works be asked to evaluate the
possibility of adjusting parking meters utilized in certain off -
street lots to off -set the City's obligation to report and
transmit sales tax revenue to the State.
Extensive discussion followed on the floor by the Alderpersons
regarding the matter of sales tax being charged on parking lots
and ramps.
Amending Resolution
By Alderperson Schroeder: Seconded by Alderperson Johnson
RESOLVED, That there be a further Resolved Clause added to the
resolution to read as follows: "RESOLVED, That the Common
Council request the State Legislature to stop charging sales tax
on off - street parking fees for municipalities."
Carried (8 -0)
Amending Resolution
CD By Alderperson Johnson: Seconded by Alderperson Peterson
RESOLVED, That there be a further Resolved Clause added to the
M resolution to read as follows: "RESOLVED, That the City post a
notice at the collection booths that there is a 7% increase
[n because of State taxation."
Carried (8 -0)
Main Motion as Amended
A vote on the Main Motion as Amended resulted as follows:
Ayes (6) - Johnson, Romanowski, Golder, Schroeder, Hoffman,
Peterson
Nays (2) - Daley, Blanchard
Carried
(Wo'el *
16.17 Finance Department - Amend Capital Project #232 - City
Hall Telephone System
By Alderperson Peterson: Seconded by Alderperson Schroeder
WHEREAS, the low bid received on May 18, 1990 for the purchase,
installation and operational training relative to the replacement
of the City Hall Telephone System, exceeded the original project
estimate of $50,000., by $2,686., and
WHEREAS, a Committee comprised of all Department Heads served by
the proposed system, has recommended that the contract for said
system, inclusive of alternates 1 and 2, be awarded to the low
bidder, All -Mode Communications; now, therefore, be it
RESOLVED, That Capital Project #232 for the purchase and
installation of a City Hall Telephone System be increased by
$10,000 to an amended maximum authorization of $60,000., which
amount shall permit the award of the base bid of $52,686.,
alternates 1 and 2, totaling $4,896., and an equipment and /or
installation contingency of $2,418., and be it further
RESOLVED, That the Mayor be authorized to execute a contract with
the low bidder, All -Mode Communications, for the purchase of
equipment, installation and training consistent with such amended
(400e project budget, and be it further
RESOLVED, That the City Controller be authorized to advance said
$10,000 from available general fund moneys to Capital Budget #232
pending the issuance of an additional $10,000 in Bond
Anticipation Notes at the time the existing project financing is
renewed.
Ayes (7) - Peterson, Daley,
Schroeder, Golder
Abstention (1) - Romanowski
Johnson, Blanchard, Hoffman,
(conflict of interest)
Carried
41
r,
24 July 11, 1990
* 16.18 Finance Department - Request to Allow City Controller to
Make Appropriate 1990 Budget Amendments
By Alderperson Peterson: Seconded by Alderperson Schroeder
WHEREAS, the City Controller has proposed a revised system of
amending Departmental Budget Appropriations up to $5,000. per
instance, and within existing funding levels, without the
currently required actions by the Budget and Administration
Committee and Common Council; now, therefore, be it
RESOLVED, That the City Controller be and is hereby authorized to
make requested budget transfers and amendments up to a maximum of
$5,000. per instance based on written supportive departmental
documentation provided; that at the Controller's discretion, any
such departmental request may be subjected to B &A and Council
action; and further provided that the City Controller shall
report in writing each month to the B &A Committee regarding the
nature and magnitude of all transfers that have been made during
that period. This authority shall lapse on December 31, 1990 and
is subject to review.
Discussion followed on the floor with City Controller Cafferillo
answering questions from Council members.
A vote on the resolution resulted as follows:
Carried (8 -0)
Arts Fund - Report
Alderperson Peterson reported that this matter was tabled at the
Budget and Administration Committee meeting as the Arts Council
could not attend.
* 16.20 Audit
By Alderperson Peterson: Seconded by Alderperson Johnson
RESOLVED, That the bills presented, as listed on Audit Abstract
#12/1990 in the total amount of $84,987.10, be approved for
payment.
Carried (8 -0)
HUMAN SERVICES COMMITTEE:
Day Care - Report
Alderperson Johnson reported that the Day Care Council, the
Planning Department, Mayor Nichols and members of the Human
Services Committee have been looking at alternative sites and
they may have some recommendations for some sites and an idea of
expenses and what the City's role may be in facilitating this
effort at the August meeting of the Human Services Committee.
* 17.3 Two -Third Residency Requirement On All City Boards,
Commissions, Committees and Councils
By Alderperson Johnson: Seconded by Alderperson Hoffman
WHEREAS, several members of Common Council at the June Committee
meeting of the Whole, suggested that at least two - thirds of the
people serving on City Committees, Commissions, Councils and
Boards be City residents; now, therefore, be it
RESOLVED, That the Charter and Ordinance Committee review all
City Boards, Committees, Councils and Commissions to ensure that
at least two - thirds of their members are City residents.
Amending Resolution
By Alderperson Daley: Seconded by Alderperson Blanchard
RESOLVED, That in the Resolved Clause, the last line read as
follows: "at least two - thirds of their members and all officers,
such as Chair, Vice - chair, etc. are City residents."
Discussion followed on the pros and cons of this amending
resolution.
Alderperson Romanowski suggested a further Resolved Clause to
read as follows:
0
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25 July 11, 1990
"RESOLVED, That the Charter and Ordinance Committee review the
membership requirements for all City Boards, Commissions,
Committees, and Councils and their Chairs, and where legally
possible, change membership requirements to ensure that at least
two - thirds of their members are City residents."
After further discussion it was agreed that the Charter and
Ordinance Committee would consider the proposed amendments in its
review.
A vote on the original resolution resulted as follows:
Carried (8 -0)
REPORT OF SPECIAL COMMITTEES, COUNCILS AND COMMISSIONS:
Cable Commission - Senior Discount
Mayor Nichols, as Council Liaison to the TV Cable Commission,
reported that the Committee finally reached an agreement with ACC
on the Senior Citizens Discount that would apply to all senior
citizens, subject to the income levels that apply to property tax
exemptions but this will also apply to tenants. ACC agreed to
make the discounts retroactive to February 1988.
ADJOURNMENT .
On a motion the meeting adjourned at 11:20 p.m.
Callista F. Paolang i
City Clerk
/1�� A -
B6njardin Nichols
Mayor
43