Loading...
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 lr� 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 M m d 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