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HomeMy WebLinkAboutMN-CC-1990-08-01r� COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 7:00 p.m. August 1, 1990 PRESENT: Mayor Nichols (awo" Alderpersons (9) - Blanchard, Romanowski, Cummings, Daley, Golder, Hoffman, Peterson, Schroeder, Johnson ABSENT: Alderperson Booth (excused) OTHERS PRESENT: City Clerk - Paolangeli City Attorney - Guttman City Controller - Cafferillo City Chamberlain - Parsons Planning and Development Director - Van Cort M Personnel Administrator - Saul Building Commissioner - Datz Police Chief - McEwen (o Superintendent of Public Works - Thadani < City Planner - Foster Board of Public Works Commissioner - Reeves, Berg PLEDGE OF ALLEGIANCE: Mayor Nichols led all present in the Pledge of Allegiance to the American flag. MINUTES• Approval of Minutes of the July 11, 1990 Common Council Meeting By Alderperson Johnson: Seconded by Alderperson Peterson RESOLVED, That the Minutes of the July 11, 1990 Common Council meeting be approved as published. Carried Unanimously ADDITIONS TO OR DELETIONS FROM THE AGENDA: New Business Alderperson Daley requested the addition of a resolution requesting ACC to delay the removal of Channel WVIA. No Council member objected. Budget and Administration Committee Alderperson Peterson requested the addition of Item 15.21, Dryden Road Parking Garage, 24 -Hour Operation. No Council member objected. MAYOR'S APPOINTMENTS: Housing Board of Review Mayor Nichols announced that he has appointed Edward J. Dormady, 638 Stewart Avenue, to the Housing Board of Review, to finish out the term of Marcy Sacks, who resigned, with a term to expire December 31, 1990. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: Community Arts Coalition Paul Hamill, thanked the Council for their support for the process of developing a local Arts agency for Tompkins County. He urged Council to support the funding that is on the agenda for tonight. 1 Ll I; August 1, 1990 Domestic Partnership The following persons spoke in favor of the Domestic Partnership resolution that is on the agenda: Chris Abbuhl 112 W. Marshall Street Judith Van Allen 713 N. Cayuga Street The following person spoke against the Domestic Partnership resolution on the agenda: Wayne Corapi 4 Pheasant Lane Northside Land Tony Petitio, 79 Millard Hill Road, Newfield, owner of the corporation First and Adams that owns the land, building and the lease that the P &C has on Hancock Street spoke to Council. He asked Council that nothing be done to jeopardize his lease with the P &C in regard to the use of the Northside land. He stated that the proposed Lake Avenue closing is going to hamper the trucks access and egress to the P &C. David Norcross, Director of Real Estate, P &C Food Markets, Inc. addressed Council and stated that in general the P &C can support the re- development of the Northside area. They are concerned, however, about their ability to service their facility on an on- going basis in an economic and safe fashion. They would like to be involved in the planning process for this area so that they will continue to have the ability to operate the P &C at this location. Hudson Street Re- landscaping Proiect Jim Houghton, 111 Hudson Street, stated that the re- landscaping of Hudson Street has been very effective and successful. The neighborhood is very pleased with the way in which this project has been handled and he thanked Council. REPORT OF BOARD OF REPRESENTATIVES: Fifth Ward Representative Barbara Mink reported on the following: Tourism Advisory Board - The Tourism Advisory Board has submitted its report to the County Board Planning Committee. A report will be forthcoming to Council members after it has been reviewed by the Board of Reps. County Planning Committee - The Committee has come up with a very preliminary model of what County offices and space needs should be. The subject of bringing all County services and offices back downtown again is one of the items being discussed. Seneca Army Depot - This matter will come before the Public Safety Committee tomorrow and the full Board on August 14th. Discussion followed with County Rep. Mink answering questions from Council members. REPORT OF CITY BOARDS COMMISSIONS AND COMMITTEES: Board of Public Works Commissioner Reeves reported on the following: Trowbridge Consolidation Study - The Board has directed staff to do a thorough review of the study. Space Needs Report - Discussion was held today regarding hiring professionals to do a space analysis report. The object of this is to try to stay at the present DPW site and also include the new Transit Facility. The Mayor is going to appoint a Task Force to prioritize our next steps. 2 4 '7 August 1, 1990 Recycling Drop -off Center - The center is back to a six -day a week operation. Supervision is needed to keep contaminants out of the recycling bins and negotiations with the County on staffing and funding and clarification of the contract are on- going. The hours now are Monday thru Saturday from 7:30 a.m. to 3:30 p.m. and it is closed from 11:00 to 11:30 for lunch. Parking Management Committee - This committee is meeting (400e, regularly as an off -shoot of a resolution passed by the Board. The charge to this committee is establishment of an improved parking management system. Repaving of Seneca and Green Streets - Request to DoT - On June 13th a resolution was passed by the Board with a letter to go to the State Dot requesting the repaving of Seneca and Green Streets. (e- Dryden Road Parking Ramp - 24 hour Attendance - On June 13th a resolution was passed to have a 24 -hour Parking Attendant at the (-) Dryden Road Parking Ramp on a permanent basis. D New Market License Agreement for DeWitt Park - On June 27th the M Board passed a resolution for a license agreement for the New Q Market to be open on Saturdays at DeWitt Park from 9 a.m. to 1 p.m. August Schedule for the Board of Public Works Meetings - The Committee of the Whole meeting was today, the 1st. There will no meeting of the Board on the 8th, the regular Board meeting will be the 15th, Committee of the Whole on the 22nd, and regular Board meeting on the 29th. Alderperson Peterson referred to B &A Item 15.15, Appointment of Engineering Technician and asked Commissioner Reeves to explain the process for that proposed appointment. Commissioner Reeves stated that the matter was tabled at their regular meeting because the Board did not notify the Union of their intent. The Board received permission to have the vote taken at the Committee of the Whole meeting, which was the day after the B &A meeting. Therefore, the B &A Committee met and approved the appointment and.then the Committee of the Whole met and approved it. Alderperson Cummings arrived at the meeting at 7:35 p.m. COMMUNICATIONS FROM THE MAYOR: Petition re. Hudson Street Re- landscaping Project Mayor Nichols stated that he received a petition with 50 signatures from the Hudson Street residents supporting the plan for the re- landscaping project for Hudson Street. Letter re. the Appointment of the Engineering Technician Mayor Nichols referred to a letter from William Baker, President of the CSEA Administrative Unit calling attention to the fact that although they did get their appropriate notice, the (400,4 procedure was reversed because of the meeting of the Budget and Administration Committee preceding the meeting of the Board of Public Works. Mayor Nichols read the following paragraph from the letter: "Once again the City's so- called justification for hiring the Engineering Technician at Step 5 is that they cannot get qualified people at the starting salary. The Union has repeatedly tried to have our low pay scale adjusted on behalf of 3 I ,, , August 1, 1990 all employees not just new hirees. Where is the fairness and equity to present loyal employees in the same job title when new people are hired above them. I request that this be read into the Minutes." CITY ATTORNEY'S REPORT: Fall Creek Designation City Attorney Guttman reported that the Recreational River Designation was signed on July 31 by Governor Cuomo. A written copy will be forthcoming from Albany. CHARTER AND ORDINANCE COMMITTEE: * 17.1 An Ordinance Adding Chapter 7 Entitled 'Domestic Partnerships' to the City of Ithaca Municipal Code By Alderperson Peterson: Seconded by Alderperson Hoffman WHEREAS, the Common Council had been requested to consider an ordinance that would establish a mechanism for recognition of household partnerships created without marriage, and WHEREAS, the Charter and Ordinance Committee recognizes the existence of caring, long -term relationships outside of marriage, and WHEREAS, certain societal privileges are conferred on married partners and denied to other relationships, and WHEREAS, this is considered discrimination against non - married couples by many people; now, therefore, be it RESOLVED, That Common Council adopts the following ordinance entitled "Domestic Partnership Ordinance" to provide the first step in recognition of such partnerships: ORDINANCE NO. 90- AN ORDINANCE ADDING CHAPTER 7 ENTITLED "DOMESTIC PARTNERSHIPS" TO THE CITY OF ITHACA MUNICIPAL CODE. BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, as follows: Section 1. That a new chapter to be known and designated as Chapter 7 entitled "Domestic Partnerships" is hereby added to the City of Ithaca Municipal Code to read as follows: "Chapter 7" Domestic Partnerships Section 7.1. Title. This Chapter shall be known and may be cited as the City of Ithaca Domestic Partnership Ordinance. Section 7.2. Purpose: The City's interest in strengthening and supporting all caring, committed and responsible family forms has led to the definition and recognition of the Domestic Partnership (explained below) as a relationship and family unit that is deserving of official recognition. This ordinance establishes a mechanism for the public expression and documentation of the commitment reflected by the Domestic Partnership, whose members cannot or choose not to marry. 4 D Y August 1, 1990 It is appropriate and fair that certain of the societal privileges and benefits now accorded to members of a marriage be extended to those who meet the qualifications of Domestic Partnership. The mechanism established by this ordinance will facilitate the definition of those entitled to such privileges. Section 7.3. Definition of a domestic partnership: A domestic (6000e partnership shall exist between two persons if the following is true: A. The persons are not related by blood closer than would bar marriage in the State of New York. B. Neither person is married. C. The persons are 18 years of age or older. (� D. The persons are competent to enter into a contract. CO E. The persons declare that they are each other's sole -� domestic partner. m F. The persons currently share a primary residence and declare that they intend to continue to do so for the indefinite future. G. The persons declare that they are in a relationship of mutual support, caring and commitment and are responsible for each other's welfare. For these purposes, mutual support means that they contribute mutually to each other's maintenance and support. H. The persons agree to notify the City of any change in the status of their domestic partnership. I. The persons file a statement of domestic partnership as set forth in Section 7.4. 7.4. Statement of domestic partnership. A. Contents. Domestic partners may make an official record of their domestic partnership by completing, signing and submitting to the City Clerk a statement of domestic partnership. The statement shall be signed under penalty of perjury and shall include the date on which the persons became each other's domestic partners and the address of both partners. The domestic partnership statement shall further state that the domestic partners comply with the requirements of Section 7.3 of this ordinance. B. Amendment of Domestic Partner Statement. Partners may amend the statement at any time in order to change an address by filing an amended statement. C. Termination of Domestic Partnership. Either member of a domestic partnership may terminate the domestic partnership by filing a termination statement with the City Clerk. The person filing the termination statement must declare, under penalty of perjury: 1) The domestic partnership is terminated; and 2) that a copy of the termination statement has been mailed to the other domestic part ner . D. Bew statements of domestic partnership. No person who has filed a statement of domestic partnership may file another statement of domestic partnership until six months after a termination statement of a previous partnership has been filed with the City Clerk. 5 155-0 August 1, 1990 Section 7.5. Filing of statements. Anyone who has signed a statement of domestic partnership may file it with the City Clerk. The statement of domestic partnership, termination statement or amendment of domestic partnership statement shall not be deemed effective until filed with the City Clerk according to the provisions of this ordinance. A. Form of statements. All statements relating to domestic partnership shall be notarized and executed as a declaration made under penalty of perjury. The City. Clerk shall provide forms as necessary to interested individuals. B. Fees for statements. The City Clerk shall charge a fee of $15.00 for the filing of a domestic partnership statement, and a fee of $5.00 for filing of a termination statement. The payment of the above fee entitles the person filing a statement on behalf of the Domestic Partnership to two copies of the statement certified by the City Clerk. Certification of additional copies at that time or at any other time shall cost $1.00 per copy. Section 7.6. City Clerk's records. The City Clerk shall maintain adequate records of domestic partnership statements showing which domestic partnerships have been created, terminated or amended. Section 7.7. Limited effect. This chapter is not intended to and does not make the New York Partnership Law applicable to domestic partnerships. Section 7.8. Civil actions. Any person defrauded by a false statement contained in a statement of domestic partnership, termination statement or amendment statement may bring a civil action for fraud to recover his /her losses. 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. Alderperson Peterson spoke on the ordinance and discussion followed on the floor. Amending Resolution By Alderperson Blanchard: Seconded by Alderperson Johnson RESOLVED, That in Section 7.5, subdivision B. Fees for Statements, the amount of the filing fee shall be $20.00. Discussion followed on the floor. A vote on the Amending Resolution resulted as follows: Ayes (5) - Romanowski, Blanchard, Cummings, Johnson, Hoffman Nays (4) - Daley, Golder, Peterson, Schroeder Carried Legal questions were asked by Alderpersons Daley and Johnson and City Attorney Guttman responded. Alderperson Romanowski, for the record, stated that he is voting against this ordinance because he thinks this type of legislation is more or less equated with marriage, which it is not. He also feels that the provisions in the ordinance are covered by both zoning and the fair practices ordinance that the City already has and he sees no need to single out individual groups whether they are homosexual couples or unmarried couples, 0 51 August 1, 1990 when under New York State and Federal law they will not be receiving any benefits from a particular type of ordinance such as this. Several Alderpersons and Mayor Nichols spoke in favor of the ordinance and Alderperson Cummings expressed her reason for not supporting this legislation in that it includes provisions for (400.1 couples of the opposite sex. Main Motion as Amended A vote on the Main Motion as Amended resulted as follows: Ayes (7) - Blanchard, Daley, Johnson, Golder, Hoffman, Peterson, Schroeder Nays (2) - Cummings, Romanowski Carried (j BUDGET AND ADMINISTRATION COMMITTEE: * 15.8 DPW - Request to Amend Hudson Street Reconstruction— Capital Project #225 (� By Alderperson Peterson: Seconded by Alderperson Schroeder WHEREAS, the Common Council resolution of April 2, 1990 has Cfj directed that "substantial additional landscaping shall be implemented under the auspices of the Parks Commission, Shade Tree Commission, and the City Forester working with individual residents ... ", and WHEREAS, the Board of Public Works has determined that there is not sufficient funding currently available within Capital Project #225 for the reconstruction of Hudson Street to complete the proposed amended landscaping plan; now, therefore, be it RESOLVED, That Capital Project #225 for the reconstruction of Hudson Street be hereby increased by $35,000, from a maximum authorized cost of $1,500,000 to a revised maximum authorized cost of $1,535,000, and be it further RESOLVED, That the financing plan for said project be amended by transferring the statutory five percent (5 %) down payment of $1,750 from Account A1990 Unrestricted Contingency to Capital Project #225, and by increasing the existing Bond Resolution for such project by the remaining balance of $33,250. Discussion followed regarding costs, overruns, etc. on the project with City Controller Cafferillo answering questions from Alderpersons. Mayor Nichols pointed out that the additional authorization is necessary to purchase materials now, but that it is possible that the entire project as revised, may cost less than $1,500,000. A vote on the resolution resulted as follows: Carried (9-0) PLANNING AND DEVELOPMENT COMMITTEE: * 14.1a Central Business District Parking Study: Establishment of Ad Hoc Committee (from P &D Committee) (400.01 By Alderperson Hoffman: Seconded by Alderperson Daley WHEREAS, the City of Ithaca commissioned a comprehensive study of parking in the Central Business District and appointed an ad hoc committee to oversee the study, and WHEREAS, the Ad Hoc Central Business District Parking Committee has prepared a report with findings and recommendations for parking improvements in the Central Business District, and WHEREAS, further work on CBD parking system improvements will require action by both the Common Council and the Board of Public Works; now, therefore, be it 7 c c August 1, 1990 RESOLVED, that the Common Council does hereby endorse further serious study of the concepts for improvements contained in the Ad Hoc Central Business District Parking Committee's March, 1990 report, and be it further RESOLVED, that further refinement of the concepts should be immediately initiated in order to achieve consensus and implementation as soon as possible, and be it further RESOLVED, further development of the siting, financing and design including feasibility of ground floor space for commercial or public use of an additional parking structure in the Central Business District should be undertaken by an ad hoc committee that is charged specifically with the evaluation of various alternatives related to a new garage, and be it further RESOLVED, that the Ad Hoc CBD Parking Structure Committee should be composed of the following members and should report back to the Planning and Development Committee on a regular basis: One Ward Representative One member of the Downtown Vision Task Force One resident of the West State Street area One member of the Planning and Development Committee One member of the Budget and Administration Committee One member of the Board of Public Works One member of the Board of Planning and Development Two business members from West State Street Two members of Downtown Ithaca, Inc. One member of the Ithaca Landmarks Preservation Commission One member of the Conservation Advisory Council Director of Planning and Development City Engineer City Controller Substitute Resolution, Item 14.1b (from Committee of the Whole) By Alderperson Hoffman: Seconded by Alderperson Blanchard WHEREAS, the City of Ithaca commissioned a comprehensive study of parking in the Central Business District and appointed an ad hoc committee to oversee the study, and WHEREAS, the Ad Hoc Central Business District Parking Committee has prepared a report with findings and recommendations for parking improvements in the Central Business District, and WHEREAS, further work on CBD parking system improvements will require action by both the Common Council and the Board of Public Works; now, therefore, be it RESOLVED, that the Common Council does hereby endorse further serious study of the concepts for improvements contained in the Ad Hoc Central Business District Parking Committee's March, 1990 report, and be it further RESOLVED, that further consideration and research of the concepts should be immediately initiated in order to achieve consensus on their feasibility and desirability as soon as possible, and be it further RESOLVED, that Common Council recommends that the Downtown Vision Task Force create a Central Business District Parking Subcommittee, to be charged with: 1) Further refining the anticipated need for parking, in light of possible zoning changes in the downtown area as well as increased public transportation initiatives. J I Ft August 1, 1990 2) Evaluating alternative sites for the proposed new parking facility, including environmental and economic impacts. 3) Refining cost estimates for a new parking structure. 4) Proposing and evaluating alternative methods of financing a new parking structure, including a benefit assessment district. 5) Evaluating possible components of a new parking structure, including feasibility of ground floor space for commercial or public use, and be it further RESOLVED, That Common Council suggests that the composition of ((� the Subcommittee be as follows: M One Ward Representative CD One member of the Downtown Vision Task Force rn- One resident of the West State Street area One member of the Planning and Development Committee One member of the Budget and Administration Committee One member of the Board of Public Works One member of the Board of Planning and Development Two business members from West State Street Two members of Downtown Ithaca, Inc. One member of the Ithaca Landmarks Preservation Commission One member of the Conservation Advisory Council Director of Planning and Development City Engineer City Controller and be it further RESOLVED, that Common Council requests that the Subcommittee and /or the Downtown Vision Task Force report to the Planning and Development Committee on a regular basis, on the issue of parking for the Central Business District. Alderperson Hoffman explained the differences in the resolutions. Discussion followed on the floor. A vote to accept the Substitute Resolution resulted as follows: Carried (9 -0) Substitute Resolution Discussion followed on the Substitute Resolution with comments from several Alderpersons. A vote on the Substitute Resolution resulted as follows: Carried (9 -0) * 14.2a Public Transportation Initiatives: Establishment of Ad Hoc Committee By Alderperson Hoffman: Seconded by Alderperson Schroeder WHEREAS, the increased use of mass transportation offers numerous public benefits, including a cleaner environment, reduced traffic congestion, quieter neighborhoods and more efficient movement of people to and from school, work places and shopping districts, and 01 August 1, 1990 WHEREAS, parking shortages in the Central Business District and elsewhere in the City can be alleviated not only by building more parking spaces, but also by freeing existing spaces through increased public transportation use, and WHEREAS, various new public transportation proposals -- such as park and ride lots, shuttle buses, co- ordinated car - pooling systems and employee incentive programs -- merit immediate, focused study, and WHEREAS, such study will require coordination between the City of Ithaca, Cornell University, Ithaca College, Tompkins County, the Town of Ithaca and other municipalities within the County and downtown business leaders; now, therefore, be it RESOLVED, that a Public Transportation Initiatives Committee be formed, to be charged with: 1) Identifying the factors that contribute to greater use of public transportation and the extent to which those factors do and /or could exist in Ithaca. 2) Making specific recommendations for the siting, funding and operation of peripheral park & ride lots on all sides of the City, with shuttle bus connections to the Central Business District, Cornell and any other appropriate destinations. 3) Proposing, if feasible, a specific route, timetable, funding method and (possibly) promotional image (i.e., special logo or bus color) for an East Hill shuttle bus that would make continuous uphill- downhill trips between the Central Business District and Collegetown /Cornell with the greatest possible frequency. 4) Encouraging both public and private sector employers to offer incentives for car - pooling and public transit use (for example, through the establishment of a coordinated car - pooling system for the Central Business District, or by offering individual employees free bus tickets in exchange for their free parking spaces. etc.). 5) Investigating and proposing any other public transportation initiatives that could ameliorate traffic and parking problems in the Central Business District and elsewhere in the City including incentive permitting such as minimum occupancy for preferential parking permits. 6) Maintaining frequent communication with the NYS Department of Transportation to encourage early State funding of traffic mitigation measures designed to ease the impact of Route 96 construction. Such funding might help support some of the above proposals, and be it further RESOLVED, That the Public Transportation Initiatives Committee should be composed of the following members and should report back to the Planning and Development Committee on a regular basis: 10 55 August 1, 1990 The City of Ithaca Transportation Manager One Tompkins County Senior Planner One Town of Ithaca Government representative and other such municipal representatives as may be appropriate The Cornell University Director of Transportation One member of the Planning and Development Committee One member of the Planning and Development Board One mass transit user (6000, One member of the Budget and Administration Committee One member of the Conservation Advisory Council One member of the Board of Public Works One member of the Downtown Vision Task Force Two members of Downtown Ithaca, Inc. Director of Planning and Development Substitute Resolution Item 14.2b By Alderperson Hoffman: Seconded by Alderperson Schroeder WHEREAS, the increased use of mass transportation offers numerous () ") public benefits, including a cleaner environment, reduced X16 traffic congestion, quieter neighborhoods and more efficient movement of people to and from school, work places and shopping districts, and WHEREAS, parking shortages in the Central Business District and elsewhere in the City can be alleviated not only by building more parking spaces but also by freeing existing spaces through increased public transportation use, and WHEREAS, various new public transportation proposals -- such as park and ride lots, shuttle buses, co- ordinated car - pooling systems and employee incentive programs -- merit immediate, focused study, and me WHEREAS, such study will require coordination between the City of Ithaca, Cornell University, Ithaca College, Tompkins County, the Town of Ithaca and other municipalities within the County and downtown business leaders; now, therefore, be it RESOLVED, That Common Council recommends that the Downtown Vision Task Force create a Public Transportation Initiatives Subcommittee, to be charged with: 1) Identifying the factors that contribute to greater use of public transportation and the extent to which those factors do and /or could exist in Ithaca. 2) Making specific recommendation for the siting, funding and operation of peripheral park & ride lots on all sides of the City, with shuttle bus connections to the Central Business District, Cornell and any other appropriate destination. 3) Proposing, if feasible, a specific route, timetable, funding method and (possibly) promotional image (i.e., special logo or bus color) for an East Hill shuttle bus that would make continuous uphill - downhill trips between the Central Business District and Collegetown /Cornell with the greatest possible frequency. 4) Encouraging both public and private sector employers to offer incentives for car - pooling and public transit use (for example, through the establishment of a coordinated car - pooling system for the Central Business District, or by offering individual employees free bus tickets in exchange for their free parking spaces, etc.). 11 56 August 1, 1990 5) Investigating and proposing any other public transportation initiatives that could ameliorate traffic and parking problems in the Central Business District and elsewhere in the City, including incentive permitting such as minimum occupancy for preferential parking permits. 6) Maintaining frequent communication with the NYS Department of Transportation to encourage early State funding of traffic mitigation measures designed to ease the impact of Route 96 construction. Such funding might help support some of the above proposals, and be it further RESOLVED, That Common council suggests that the composition of the Subcommittee be as follows: The City of Ithaca Transportation Manager One Tompkins County Senior Planner One Town of Ithaca Government Representative and other such municipal representatives as may be appropriate The Cornell University Director of Transportation One member of the Planning and Development Committee One mass transit user One member of the Planning and Development Board One member of the Budget and Administration Committee One member of the Conservation Advisory Council One member of the Board of Public Works One member of the Downtown Vision Task Force Two members of Downtown Ithaca, Inc. Director of Planning and Development and be it further RESOLVED, That Common Council requests that the Subcommittee and /or the Downtown Vision Task Force report to the Planning and Development Committee on a regular basis, on the issue of public transportation initiatives. Discussion followed on the Substitute Resolution. A vote on accepting Substitute Resolution 14.2b was as follows: Carried (9 -0) Substitute Resolution Discussion followed on the floor. A vote on the Substitute Resolution resulted as follows: Carried (9 -0) * 14.3 Northside Park - Conceptual Approval of Site, Includin Conversion of Portions of Lake Avenue to Park Land (in preparation for EQBA grant application) By Alderperson Hoffman: Seconded by Alderperson Schroeder WHEREAS, the Northside Study Land Use Committee has been established to study an area of the city bounded roughly by Cascadilla Creek, Hancock Street, and Route 13, and WHEREAS, there is a desire to create a greater access to Cascadilla Creek, and 12 5'7 August 1, 1990 WHEREAS, this goal could be served by abandoning Lake Avenue and establishing a creek side park along part of its shore; now, therefore, be it RESOLVED, That Common Council gives conceptual approval to the closing of Lake Avenue between Hancock Street and Route 13, and be it further RESOLVED, That conceptual approval is given for the creation of a park using that third of the "Pogo Parcel" closest to Cascadilla we Creek, and be it further RESOLVED, That these concepts be referred to the Conservation Advisory Council, the Board of Public Works, the Interim Parks Commission, and the Board of Planning and Development for their earliest possible consideration, and be it further CD RESOLVED, That any comments from these bodies be received no later than August 15, 1990 so that they may be discussed at the Planning and Development Committee meeting on August 20th. !� Alderperson Hoffman explained the reason for the resolution. The City is interested in applying for a grant from the Environmental Quality Bond Act and the deadline to submit the application is September 14th. If the City were successful, we could receive funds to reimburse us for purchase of park land and development of the park. Discussion followed on the floor with Planning and Development Director Van Cort answering questions from Council members. There was no opposition to the combining of the two resolved clauses. Therefore, the resolution was amended to reflect that change. Alderperson Hoffman suggested that the final Whereas clause read as follows: "WHEREAS, this goal could be served by abandoning a portion of Lake Avenue and establishing a creek side park along part of its bank, ". This change was also accepted by Council members. A vote on the resolution resulted as follows: Carried (9 -0) The Resolution with the changes as accepted shall read as we follows: WHEREAS, the Northside Study Land Use Committee has been established to study an area of the city bounded roughly by Cascadilla Creek, Hancock Street, and Route 13, and WHEREAS, there is a desire to create a greater access to Cascadilla Creek, and 13 Alderperson Hoffman suggested that the first and second Resolved clauses be combined to read as follows: "RESOLVED, That Common Council directs the Department of Planning and Development to draft an application for EQBA funding for the Northside Park based on the possible closing of portions of Lake Avenue and the creation of a park using that third of the Pogo Parcel closest to Cascadilla Creek ". There was no opposition to the combining of the two resolved clauses. Therefore, the resolution was amended to reflect that change. Alderperson Hoffman suggested that the final Whereas clause read as follows: "WHEREAS, this goal could be served by abandoning a portion of Lake Avenue and establishing a creek side park along part of its bank, ". This change was also accepted by Council members. A vote on the resolution resulted as follows: Carried (9 -0) The Resolution with the changes as accepted shall read as we follows: WHEREAS, the Northside Study Land Use Committee has been established to study an area of the city bounded roughly by Cascadilla Creek, Hancock Street, and Route 13, and WHEREAS, there is a desire to create a greater access to Cascadilla Creek, and 13 58 August 1, 1990 WHEREAS, this goal could be served by abandoning a portion of Lake Avenue and establishing a creek side park along part of its banks; now, therefore, be it RESOLVED, That Common Council directs the Planning and Development Department to draft an application for EQBA funding for the Northside Park based on the possible closing of portions of Lake Avenue and the creation of a park using that third of the Pogo Parcel closest to Cascadilla Creek, and be it further RESOLVED, That these concepts be referred to the Conservation Advisory Council, the Board of Public Works, the Interim Parks Commission, and the Board of Planning and Development for their earliest possible consideration, and be it further RESOLVED, That any comments from these bodies be received no later than August 15, 1990 so that they may be discussed at the Planning and Development Committee meeting on August 20th. * 14.4 Creation of Inlet Island Use Committee By Alderperson Hoffman: Seconded by Alderperson Schroeder WHEREAS, the City of Ithaca wishes to take full advantage of Inlet Island's waterfront location by promoting a development plan that enhances public and private uses, including some park land, and WHEREAS, the current specific configuration of public and private land on Inlet Island may not be the most beneficial and logical arrangement, and WHEREAS, the recent final determination of where the Route 96 project corridors will be located has produced new planning problems and opportunities on Inlet Island, and WHEREAS, any decision about the alienation /conversion of Inlet Island park land outside the Route 96 project corridors should be based upon a well - conceived land use plan for the island, that has been accepted by Planning and Development Board and Common Council; now, therefore, be it RESOLVED, That the Mayor shall appoint, with Common Council approval, an Inlet Island Land Use Committee consisting of: Two owners of Inlet Island businesses Two members of the Interim Parks Commission One First Ward Alderperson One member of the Conservation Advisory Council One member of the Planning and Development Board One member of the Planning and Development Committee (who represents one of the other four wards of the city) Board of Public Works Commissioner for Creeks, Bridges and Parks One resident of the immediate Inlet Island vicinity and be it further RESOLVED, That the Inlet Island Land Use Committee shall be charged with recommending to Common Council, within four months of its creation, a conceptual Inlet Island land use plan which combines public land (including some park land) and private land (including some commercial land) in a compatible and mutually - beneficial manner. The committee should consider, where it seems reasonable and appropriate, whether certain areas now designated as park land should be alienated /converted to other appropriate uses, and whether other areas now privately owned should become park land. The committee's goal should be to foster an attractive and unifying waterfront atmosphere that will simultaneously benefit the city park system and Inlet Island 14 J 0 59 August 1, 1990 commercial areas. If the committee recommends the alienation /conversion of any current Inlet Island park land, the committee should recommend a specific location for substitute park land, whether this be on Inlet Island or elsewhere in the city. Extensive discussion followed on the floor regarding the make -up of the committee. Mayor Nichols requested that two volunteers help him assemble the names of individuals to serve on this committee. Amending Resolution By Alderperson Blanchard: Seconded by Alderperson Romanowski RESOLVED, That there be one member from the Interim Parks Commission on the Committee instead of two. Discussion followed on the amending resolution regarding the CC) composition of the committee. cx) U� A vote on the Amending Resolution resulted as follows: Ayes (4) - Blanchard, Romanowski, Daley, Cummings (1� Nays (5) - Johnson, Hoffman, Peterson, Golder, Schroeder Motion Fails Further discussion ensued on the main motion regarding the committee's make up and its charges. Alderperson Blanchard suggested that the membership from the Interim Parks Commission be changed to one member from that commission and the other member be a professional consultant to (two" the Interim Parks Commission. It was agreed by the Council that that was acceptable, therefore the membership to the Inlet Island Land Use Committee shall include a professional consultant as one of two members from the Interim Parks Commission. A vote on the Resolution resulted as follows: Carried (9 -0) 1990 Work Plan Modifications - Report Alderperson Hoffman reported that a memo has been distributed by Planning Director Van Cort to Council members changing the remainder of the 1990 Work Program because of the resignation of the Deputy Director of Planning and Development. He asked that Council members look this over and make any suggestions they feel appropriate. Recess Common Council recessed at 9:20 p.m. and reconvened at 9:40 p.m. BUDGET AND ADMINISTRATION COMMITTEE: * 15.1 Arts Fund - Appropriation of Funds for the Arts Services Organization By Alderperson Peterson: Seconded by Alderperson Cummings (400e WHEREAS, the Human Services Committee has reviewed and recommended approval of a request for funding presented by the newly established Arts Service Organization (ASO); now, therefore, be it RESOLVED, That $5,000 be transferred from Account A1990 Restricted Contingency to Account A1010 -435 Legislative Contractual Services, in support of the Phase II program to be orchestrated by said Arts Services Organization (ASO). Carried (9 -0) 15 60 August 1, 1990 * 15.2 An Ordinance Amending Section 26.24(C) of Chapter 26 Entitled 'Building Code Enforcement' of the City of Ithaca Municipal Code By Alderperson Peterson: Seconded by Alderperson Schroeder ORDINANCE NO. 90 - AN ORDINANCE AMENDING SECTION 26.24 (C) OF CHAPTER 26 ENTITLED "BUILDING CODE ENFORCEMENT" 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: 1. That Section 26.24 (C) of the City of Ithaca Municipal Code entitled "Building Permits" be and the same is hereby amended to read as follows: C. Application for permit. Every application for a permit shall be in writing on approved form and shall be signed by the owner or his authorized agent. In his discretion the Building Commissioner may require sealed plans from an architect or engineer registered to practice in the State of New York for structural or other work, even though the cost of the work may be below the minimum requirement of the State Education Law, and may also require a property survey of the lot or lots concerned in any proposed building operation. Permit fees shall be paid before permit review can commence according to the following schedule: Where the total valuation of the work is: 1. $2,000.00 or less 2. From $2,001 to $25,000. None $6.00 for each $1,000. or fraction thereof to and including $25,000. 3. Over $25,000. $150. for the first $25,000. plus $4.00 for each additional $1,000. or fraction thereof. Other inspections and fees related to building construction: Requested inspections outside normal business hours (minimum charge; two hours in addition to the permit fee) Plan review for projects exceeding $5,000. (where no permit is requested) Additional plan review required by changes, additions or revisions to approved plans. Building Permit Renewal 16 $28.00 per hour 50% of permit fee schedule (amount to be applied to permit fee) $28.00 per hour $25.00 or 10% of the original building permit fee, whichever is larger 6.1-9 Q Certificate of Occupancy Temporary Certificates of Occupancy Demolition work Up to $1,000.00 $1,001.00 to $5,000.00 $5,001.00 and up August 1, 1990 No charge if building permit is in effect; otherwise $25.00 for one- and two - family dwellings; $50.00 for all others $100.00 plus 25% of building permit fee $12.00 $25.00 $25.00 plus $4.00 for each $1,000.00 or fraction thereof over $5,000.00 In the event that an application for a building permit is not approved, the applicant shall be entitled to a refund of fifty (50 %) of the fee paid, provided no work has commenced. If construction work has been started and the application is not approved, no part of the fees paid shall be refunded. Any amendment to the application or the plans and specifications upon which the building permit has been issued may be filed at any time prior to the completion of the work. If there is an increase in the value of the project as a result of the amendment, an additional fee shall be paid for that increase, based on the fee schedule above. If there is no increase in the value of the project as a result of the amendment, but additional plan review time is incurred, an additional fee of $28.00 per hour shall be paid for the additional plan review time. During the period of time which the building permit displayed on the property readily visible from the 2. Effective immediately and in notice as provided Charter. Date. This accordance in Section that the work is going on for is issued, said permit shall be in such a location that.it is nearest street. Ordinance shall take effect with law upon publication of a 3.11(B) of the Ithaca City Carried (9 -0) * 15.3 An Ordinance Amending Section 27.45 (D) of Chapter 27 Entitled 'Housing Code' of the City of Ithaca Municipal Code By Alderperson Peterson: Seconded by Alderperson Cummings ORDINANCE NO. 90 - AN ORDINANCE AMENDING SECTION 27.45(D) OF CHAPTER 27 ENTITLED "HOUSING CODE" 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: 1. That Section 27.45(D) of the City of Ithaca Municipal Code entitled "Certificate of Compliance" be and the same is hereby amended to read as follows: (D. A fee of $25.00 per rental dwelling unit up to two bedrooms plus $15.00 for each additional bedroom shall be paid to the Building Department before a Certificate of Compliance can be issued.] 17 61 August 1, 1990 D. Before a Certificate of Compliance can be issued there shall be paid to the Building Department a fee equal to $28.00 per hour for all time spent by the Housing Inspector regarding the premises including, but not limited to, time spent in correspondence, review of the appropriate files, transportation and actual inspections of the Drouerty. 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. Alderperson Peterson offered the following Substitute Resolution: * 15.3A An Ordinance Amending Section 27.45(D) of Chapter 27 Entitled 'Housing Code' of the City of Ithaca Municipal Code - Substitute Resolution By Alderperson Peterson: Seconded by Alderperson Cummings: ORDINANCE NO. 90 - AN ORDINANCE AMENDING SECTION 27.45(D) OF CHAPTER 27 ENTITLED "HOUSING CODE" 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: 1. That Section 27.45(D) of the City of Ithaca Municipal Code entitled "Certificate of Compliance" be and the same is hereby amended to read as follows: [D. A fee of $25.00 per rental dwelling unit up to two bedrooms plus $15.00 for each additional bedroom shall be paid to the Building Department before a Certificate of Compliance can be issued.] D. Before a Certificate of Compliance can be issued there shall be paid to the Buildina Department a fee eaual to the followin i. $40.00 plus $28.00 per hour for the time spent by the Housing Inspector at the premises doing the initial inspection to determine whether the premises are in compliance with the Housing Code, plus ii. If, at the time the initial inspection is done the premises are not in compliance with the Housing Code, $28.00 per hour for all time spent by the Housing Inspector regarding the premises after such initial inspection, including but not limited to time spent in correspondence, review of the appropriate files, transportation and further inspections. 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. Motion to Refer to Committee By Alderperson Cummings: Seconded by Alderperson Daley ",a) RESOLVED, That both Items 15.3 and 15.3A be referred back to committee for further review and study and report back to Common Council. Carried (9 -0) 18 August 1, 1990 * 15.4 Attorney - Funding for Litigation By Alderperson Peterson: Seconded by Alderperson Cummings RESOLVED, That an amount not to exceed $7,000 be transferred from Account A1990 Unrestricted Contingency to Account A1420 -430 Fees for Professional Services, in order to pay the final bill for legal services and related expenses in connection with the Central Processing Facility lawsuit. Carried (9 -0) * 15.5 Building Department - Request to Purchase Computers with Building and Fire Code Aid By Alderperson Peterson: Seconded by Alderperson Schroeder RESOLVED, That the authorized equipment list of the Building Department be amended to include one Everex 386sx computer to be purchased at an amount not to exceed $6,685., and it further RESOLVED, That upon receipt of the 1990 allocation of State �. Building and Fire Code Aid funding, such $6,685 shall be transferred from Account A690 -10 Building and Fire Code Aid for rn 1990 to Account A3620 -210 Building Department Office Equipment. Carried (9 -0) * 15.6 Police Department - Request to Transfer Funds �( By Alderperson Peterson: Seconded by Alderperson Romanowski WHEREAS, the Police Department has received to date $4,890.90 from the Federal Bureau of Investigation to enhance the Department's Drug Investigation Program; now, therefore, be it RESOLVED, That $3,746.00 be transferred from Account A690 -8 Drug Seizure Moneys, to the following line items which the Police Department budget: A3120 -210 Office Equipment A3120 -460 Program Supplies A3120 -470 Rental of Equipment Total $1,776.00 1,500.00 470.00 $3,746.00 Carried (9 -0) * 15.7 DPW - Request to Hire Enqineer for Asbestos Removal - Capital Project #231 By Alderperson Peterson: Seconded by Alderperson Johnson WHEREAS, the Board of Public Works and Department of Public Works personnel have reviewed three proposals for engineering services relative to the removal of asbestos from various city buildings; now, therefore, be it RESOLVED, That the Superintendent of Public Works is hereby authorized to execute an agreement with Buck Laboratories of Cortland, New York, for the provision of design, construction supervision and post construction reporting services, at an amount not to exceed $14,000; the funding for which has previously been authorized within Capital Project #231 /Asbestos Removal. Carried (9 -0) * 15.9 Finance Department - Objection to County Tax Installment Plan By Alderperson Peterson: Seconded by Alderperson Cummings WHEREAS, the Tompkins County Board of Representatives has requested that the City re- consider its resolution of June 6, 1990, whereby Common Council chose not to endorse the County's proposed Local Law to collect county taxes in two installments; now, therefore, be it 19 August 1, 1990 RESOLVED, That the Common Council of the City of Ithaca hereby reaffirms its opposition to said Local Law #5, and be it further RESOLVED, That should Tompkins County Board of Representatives nonetheless enact such Local Law permitting a two installment collection procedure, the City of Ithaca shall take the necessary steps required to amend the City Charter, thereby reverting the responsibility for the collection of Tompkins County taxes to the County. Discussion followed on the floor with City Chamberlain Parsons and City Controller Cafferillo answering questions from Council members. Substitute Resolution By Alderperson Schroeder: Seconded by Alderperson Golder RESOLVED, That the first Resolved be removed and the second Resolved clause read as follows: "RESOLVED, That the Common Council of the City of Ithaca does not oppose this Local Law but if it is passed, the City of Ithaca shall take the necessary steps required to amend the City Charter, thereby reverting the responsibility for the collection of Tompkins County taxes to the County." Discussion followed on the substitute resolution. A vote on the substitute resolution resulted as follows: Ayes (3) - Schroeder, Golder, Hoffman Nays (6) - Johnson, Peterson, Cummings, Daley, Blanchard, Romanowski Motion Fails Further discussion followed on the Main Motion. Alderpersons Blanchard and Romanowski offered the following wording for the first Resolved clause: "RESOLVED, That the Common Council of the City of Ithaca hereby reaffirms its opposition to said Local Law #5 in its present form because City tax payers will be charged a service charge on the unpaid balance and because there is no provision for a second notice." After further discussion the change in the resolution was accepted by the Council. Main Motion as Amended A vote on the Main Motion as Amended resulted as follows: Carried (9 -0) * 15.10 Attorney - Request to Post Notice of Sale of Land to Science Discovery Center By Alderperson Peterson: Seconded by Alderperson Daley RESOLVED, That the City Clerk give public notice of the proposed sale of an approximately one -acre parcel of land, tax parcel 25- 2-1, to the Science Discovery Center of Tompkins County, Inc. pursuant to the proposed purchase agreement. Discussion followed regarding modifications to the purchase agreement. City Attorney Guttman reviewed certain changes with Council and explained how these would affect the agreement. A vote on the resolution resulted as follows: 20 Carried (9 -0) D 61 August 1, 1990 * 15.11 DPW - Request to Amend 1990 DPW Equipment List By Alderperson Peterson: Seconded by Alderperson Cummings RESOLVED, That the authorized equipment list of the Department of Public Works be amended to include one 5500 watt generator at a net cost of $1,575, and delete one 2200 watt generator valued at $875.; the net difference of $700. shall be funded within existing Department of Public Works available appropriations. * 15.13 DPW - Request to Amend 1990 Personnel Roster By Alderperson Peterson: Seconded by Alderperson Cummings RESOLVED, That the Personnel Roster of the Department of Public Works be amended as follows: Add: One (1) Junior Engineer Delete: One (1) Engineering Technician Carried (9 -0) * 15.14 DPW - Request for Salary Increase By Alderperson Peterson: Seconded by Alderperson Cummings WHEREAS, the duties and responsibilities of the Building Systems Supervisor have been permanently increased by the placement of two additional divisions (Parking Meters and City Electrician) under his supervision; now, therefore, be it RESOLVED, That the salary James Miller be increased by ten (10 %) percent to $32,980 effective June 22, 1990, to reflect the addition of these responsibilities. Carried (9 -0) Carried (9 -0) By Alderperson Peterson: Seconded by * 15.12 DPW - Request to Amend 1990 Water Filtration Budget RESOLVED, That Raymond Benjamin be provisionally By Alderperson Peterson: Seconded by Alderperson Cummings RESOLVED, That the 1990 Budget for the Water Fund be amended by transferring $19,520 from Account A1990 Unrestricted Contingency to the following appropriation accounts as requested by the Chief Plant Operator and recommended to Common Council by the Board of Public Works: would be taken. (11- F8330 -225 Other Equipment $7,920 co F8330 -476 Equipment Maintenance 2,300 M F8330 -477 Equipment Parts and Supplies 8,000 .� F8330 -480 Building Supplies 500 F8330 -481 Small Tools 800 [� $19,520 Carried (9 -0) * 15.13 DPW - Request to Amend 1990 Personnel Roster By Alderperson Peterson: Seconded by Alderperson Cummings RESOLVED, That the Personnel Roster of the Department of Public Works be amended as follows: Add: One (1) Junior Engineer Delete: One (1) Engineering Technician Carried (9 -0) * 15.14 DPW - Request for Salary Increase By Alderperson Peterson: Seconded by Alderperson Cummings WHEREAS, the duties and responsibilities of the Building Systems Supervisor have been permanently increased by the placement of two additional divisions (Parking Meters and City Electrician) under his supervision; now, therefore, be it RESOLVED, That the salary James Miller be increased by ten (10 %) percent to $32,980 effective June 22, 1990, to reflect the addition of these responsibilities. Carried (9 -0) 21 * 15.15 DPW - Appointment of Engineering Technician By Alderperson Peterson: Seconded by Alderperson Cummings RESOLVED, That Raymond Benjamin be provisionally appointed to the position of Engineering Technician at an annual salary of $22,077, that being Step 5 on the 1990 CSEA Administrative Unit Compensation Plan, effective August 6, 1990. Mayor Nichols stated, for the record, that the Union has now had about 2 weeks notice that this action would be taken. Discussion followed on the floor with Personnel Administrator Saul answering questions from Council members. 21 August 1, 1990 Motion to Table By Alderperson Golder: Seconded by Alderperson Hoffman RESOLVED, That the appointment of an Engineering Technician be tabled until the September meeting because of procedural irregularities. Ayes (2) - Golder, Hoffman Nays (7) - Johnson, Cummings, Blanchard, Daley, Peterson, Romanowski, Schroeder Motion Fails Main Motion A vote on the Main Motion resulted as follows: Ayes (7) - Johnson, Blanchard, Romanowski, Cummings, Daley, Peterson, Schroeder Nays (2) - Golder, Hoffman Carried * 15.16 DPW - Request for Employee Incentive Award (IAWWTP) By Alderperson Peterson: Seconded by Alderperson Cummings WHEREAS, the Chief Wastewater Treatment Plant Operator has recommended Jeffrey Soule for an Employee Incentive Award pursuant to the terms of the CSEA Administrative Unit Contract, and WHEREAS, the Chief Wastewater Treatment Plant Operator has provided the Budget and Administration Committee with substantial justification for granting this Employee Incentive Award, and WHEREAS, the Chief Wastewater Treatment Plant Operator's recommendation complies with the procedure and guidelines outlined in the CSEA Administrative Unit Contract; now, therefore, be it RESOLVED, That Jeffrey Soule's salary be increased by eight (8 %) percent to an annual salary of $24,876 effective April 23, 1990. Discussion followed on the floor with the Personnel Administrator answering questions from Council members. A vote on the resolution resulted as follows: Ayes (8) - Cummings, Peterson, Romanowski, Blanchard, Daley, Hoffman, Johnson, Schroeder Nay (1) - Golder Carried * 15.17 Planninq Department - Request for Employee Incentive Award By Alderperson Peterson: Seconded by Alderperson Romanowski WHEREAS, the Director of Planning and Development has recommended Administrative Secretary Marie Corina for an Employee Incentive Award pursuant to the policy and procedures established by the Budget and Administration Committee, and WHEREAS, the Director of Planning and Development has provided the Budget and Administration Committee with substantial justification for granting this Employee Incentive Award, and WHEREAS, the Director of Planning and Development's recommendation complies with the policy and procedures established by the Budget and Administration Committee; now, therefore, be it 22 F" CC) (T) C� O August 1, 1990 RESOLVED, That Marie Corina's salary be increase by eight (8 %) percent to an annual salary of $24,316 effective July 2, 1990. Ayes (8) - Johnson, Daley, Peterson, Hoffman, Romanowski, Cummings, Blanchard, Schroeder Nay (1) - Golder Carried * 15.18 Planning Department - Request to Establish Temporary Planner II Position By Alderperson Peterson: Seconded by Alderperson Blanchard RESOLVED, That the Personnel Roster of the Planning Department be temporarily amended as follows: Add: One (1) Planner II and be it further RESOLVED, That this temporary position shall terminate one (1) month after the appointment of a new Deputy Director of Planning and Development. Carried (9 -0) * 15.19 Finance Department - Request to Hire Neqotiator By Alderperson Peterson: Seconded by Alderperson Daley RESOLVED, That the City of Ithaca enter into an agreement with James P. Dennis, to provide professional services in the field of labor negotiations in connection with the negotiation of the 1991 CSEA DPW Unit and Chief Officers Unit labor contract, at a cost not to exceed $,4000 and $3,000 respectively. Carried (9 -0) * 15.20 Audit By Alderperson Peterson: Seconded by Alderperson Hoffman RESOLVED, That the bills presented, as listed on Audit Abstract #13/1990 in the total amount of $57,548.69, be approved for payment. Carried (9 -0) * 15.21 Drvden Road Parkinq Garage 24 -Hour Operation By Alderperson Peterson: Seconded by Alderperson Golder WHEREAS, the Board of Public Works authorized 24 hour staffed operation and fee collection of the Dryden Road Parking Garage permanently, with reviews in September 1990 and April 1991, and WHEREAS, to staff the Garage on a 24 -hour basis will require the Department of Public Works personnel complement to be increased by two (2) parking lot attendant positions, and WHEREAS, funds were not appropriated in the 1990 budget for these two (2) additional positions; now, therefore, be it RESOLVED, That the Department of Public Works personnel complement be increased by two (2) parking lot attendant positions, and be it further RESOLVED, That the City Controller be authorized to transfer $12,000 from Account A205- 5132 -115 (Garage Account) to A20 -5654- 115 (Dryden Road Ramp Account) to fund these positions. Carried (9 -0) HUMAN SERVICES COMMITTEE: * 16.1 Creation of the Intermunicipal Substance Abuse Committee By Alderperson Johnson: Seconded by Alderperson Peterson WHEREAS, the City of Ithaca faces a broad array of community problems linked to abuse of both legal and illegal substances, and 23 August 1, 1990 WHEREAS, Tompkins County Focus has identified substance abuse as one of five most urgent human service needs in Tompkins County, and WHEREAS, the Ad Hoc Intermunicipal Substance Abuse Committee included representatives of Tompkins County government, City of Ithaca government, and the Ithaca City School District, has explored the problems created by substance abuse in our community, and has made the following recommendations: That new steps in the substance abuse field should be based on and coordinated with existing efforts, and That there should be better coordination among service networks working in the substance abuse area, and That a broad assessment of service needs is desirable to identify what further steps are needed, and That additional programming may be needed in the areas of substance abuse prevention, education, counseling and treatment, and That there is a need for a community based organization to explore these issues in greater depth, and to advocate for an enhanced community response to substance abuse, and WHEREAS, Walter Poland and Clarence Reed proposed to form a citizen's organization to be known as the Intermunicipal Substance Abuse Committee (ISAC), to research community needs in the substance abuse area, to educate the public about substance abuse, to foster better service coordination among organizations concerned with substance abuse, and to make recommendations to local government and service providers on how to improve local services; now, therefore, be it RESOLVED, That the Common Council of the City of Ithaca welcomes the creation of the Intermunicipal Substance Abuse Committee, and encourages ISAC to conduct research and educational activities on any and all community problems involving substance abuse, and be it further RESOLVED, That the Common Council of the City of Ithaca encourages city staff to cooperate with ISAC in its efforts to improve substance abuse services in the City. Carried (9 -0) * 16.2 Callinq for Information about Reported Storaqe of Danaerouslv Defective Nuclear Weapons at the Seneca_ Army and Calling for Appropriate Safety Measures By Alderperson Johnson: Seconded by Alderperson Golder WHEREAS, it was reported in the Washington Post that the Department of Defense has removed W -70 nuclear artillery shells from the territory of America's NATO allies due to potentially dangerous defects in the detonating mechanisms, (Post, May 23, 1990), and that these dangerously defective weapons have been "immobilized at their storage sites," including Seneca Army Depot, (Post, May 23 and 24 1990), and -j WHEREAS, it was reported that Defense Secretary Richard Cheney has ordered similarly defective W -69 SRAM -A nuclear warheads to be "removed from strategic aircraft on war 'alert', pending completion of a special inquiry into risks that the weapons could accidentally explode," (Post, June 9, 1990), and that these weapons too are "stockpiled at an Army depot in New York State ", (Post, May 24, 1990), and 24 BE August 1, 1990 WHEREAS, it was reported that the United States Department of Energy is now conducting "an independent scientific inquiry into the possibility that a nuclear warhead... could be detonated in a possible missile - handling accident," (Post, May 23, 1990), and WHEREAS, these reports raise the possibility that extraordinary risks have been taken at Seneca Army Depot by storing and repairing nuclear weapons that responsible authorities have judged to be too dangerous to hold at other military facilities, and WHEREAS, Seneca Army Depot is just twenty miles north of the Tompkins County border, and WHEREAS, the accidental detonation of just one of these weapons could make the surrounding area, including Ithaca, uninhabitable; now, therefore, be it (� RESOLVED, That the Common Council of the City of Ithaca rn expresses its profound concern at the possibility that -� unreasonable risks have been taken or are being taken with the health and safety of residents of the Finger Lakes region, and of Ithaca, and be it further Q RESOLVED, That the Common Council of the City of Ithaca calls on the elected officials who represent Tompkins and Seneca Counties to obtain all available factual material on these reports, and be it further RESOLVED, That the Common Council of the City of Ithaca calls on those elected officials to ascertain what risks, if any, have been taken with the health and safety of residents of the area, and be it further RESOLVED, That the Common Council of the City of Ithaca calls on those elected officials to promote whatever actions by the Federal Government are necessary to ensure that the safety of local residents is not threatened by the presence of dangerously defective nuclear weapons, and be it further RESOLVED, That Mayor Nichols shall send copies of this resolution and the accompanying documentation to Senator Daniel Patrick Moynihan, Senator Alfonso D'Amato, Governor Mario Cuomo, and Representative Matthew McHugh, Representative Frank Horton and the Seneca County Board of Supervisors. Discussion followed on the floor. Alderperson Cummings left the meeting at 10:45 p.m. A vote on the resolution resulted as follows: Carried (8 -0) Ithaca Postal Workers - Report Alderperson Johnson updated the Council on the matter of the Ithaca Postal Workers being moved to Elmira. It appears that the plan is no longer to move the 42 positions to Elmira. He thinks the situation has been settled and these positions are now protected and will stay in Ithaca. Youth Opportunities - Report Alderperson Johnson reported that the committee decided to break up into two sub - commissions; one to address recreation and one to address the employment needs. He reported on the findings of those sub - commissions. A report will be forthcoming next month from this committee. 25 August 1, 1990 Day Care /Drop -in Center - Report Alderperson Johnson stated the they are still exploring sites for a Day Care /Drop -in Center. He announced the award of a $120,000 start -up grant for family day care programs that the Day Care Council has been able to secure. CHARTER AND ORDINANCE COMMITTEE: * 17.2 An Ordinance Amending Section 27.9 Entitled 'Maximum Occupancy' of Chapter 27 Entitled "Housing Code" of the City of Ithaca Municipal Code By Alderperson Peterson: Seconded by Alderperson Johnson WHEREAS, the Common Council has been informed by the Director of the Ithaca Housing Authority that periodically it is difficult, if not impossible, to house large families who are in need, and WHEREAS, Common Council is interested in helping such families within a safe housing situation; now, therefore, be it RESOLVED, That the following ordinance be adopted to alleviate this problem: ORDINANCE NO. 90 - AN ORDINANCE AMENDING SECTION 27.9 ENTITLED "MAXIMUM OCCUPANCY" OF CHAPTER 27 ENTITLED 'HOUSING CODE' 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 27.9 of the Municipal Code is hereby amended to add a new section to be numbered 27.9(D). It shall provide that: "D. The Building Commissioner shall, after consultation with the appropriate representatives of the Ithaca Fire Department, have the authority to grant a temporary variance to the requirements of this section. In considering whether to grant such a variance, the Building Commissioner shall consider the following factors: 1. Whether the granting of such variance would adversely affect the health or safety of the occupants of the premises or the occupants of adjacent premises; 2. Whether the premises comply with any other recognized occupancy standards; 3. The hardship which would be imposed on the owner of the premises and /or the prospective occupants of the premises if the variance were not granted; and 4. The inability of the owner of the premises to have the decision as to whether a variance should be granted decided in a timely manner by the Housing Board of Review. Any variance granted under this section shall be valid only for a period of two months after this grant. Section 2. Effective Date. This ordinance shall take effect immediately. Carried (8 -0) 26 August 1, 1990 * 17.3 An Ordinance Amending Section 30.37 Entitled 'Off- Street Parking' of Chapter 30 Entitled "Zoning" of the City of Ithaca Municipal Code - Call for Public Hearing By Alderperson Peterson: Seconded by Alderperson Romanowski RESOLUTION OF COMMON COUNCIL INTRODUCING PROPOSED CHANGES TO THE ZONING ORDINANCE AND PROVIDING FOR PUBLIC NOTICE AND PUBLIC HEARING RESOLVED, That Ordinance No. 90 - entitled "An Ordinance Amending Section 30.37 Entitled 'Off- street Parking' to Chapter 30 Entitled 'Zoning' of the City of Ithaca Municipal Code" be and it hereby is introduced before Common Council of the City of Ithaca, New York, and be it further RESOLVED, That Common Council shall hold a public hearing in the matter of the adoption of the aforesaid Ordinance to be held at (� the Common Council Chambers, City Hall, 108 East Green Street, co Ithaca, New York, on Wednesday, September 5, 1990 at 7:00 p.m., and be it further RESOLVED, That the City Clerk give notice of such public hearing m by the publication of a notice in the official newspaper < specifying the time when and the place where such public hearing will be held, and in general terms describing the proposed Ordinance. Such notice shall be published once at least 15 days prior to the public notice, and be it further RESOLVED, That the City Clerk shall transmit forthwith to the Board of Planning and Development and the Tompkins County Planning Board a true and exact copy of the proposed Ordinance for its report thereon. Carried (8 -0) ORDINANCE NO. 90 - AN ORDINANCE AMENDING SECTION 30.37 ENTITLED 'OFF - STREET PARKING' OF CHAPTER 30 ENTITLED 'ZONING' 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. Chapter 30.37(A)(4) of the Municipal Code is hereby amended as follows: That portion of the said section reading: Auditorium, theatre, bar, 1 five seats tavern, restaurant is hereby deleted and replaced with the following: Auditorium, theatre Bar, tavern and restaurant Section 2. Effective Date. 1 five seats 1 fifty square feet of net floor area of the assembly space This Ordinance shall take effect immediately and in accordance with law upon publication and notice as provided in Section 3.11(B) of the Ithaca City Charter. 27 71 August 1, 1990 _Revision of the City Code and Charter Books - Report Alderperson Peterson reported that the committee is presently discussing the problems we have with the current Code and the matter will be going to the Budget and Administration Committee for review in August. A presentation will be made by General Code Publishers at the Committee of the Whole meeting in August. REPORT ON SPECIAL COMMITTEES AND COUNCIL LIAISONS: Energy Commission Alderperson Romanowski stated that he is going to make copies of the last meeting and distribute them to Council members. He reported on the issues that were discussed at that meeting. NEW BUSINESS• Removal of Channel WVIA from Cable TV By Alderperson Daley: Seconded by Alderperson Johnson WHEREAS, Cable station WVIA has been a valued station for many years, and WHEREAS, many people have not been aware of or had time to comment on the impending removal of this station from the ACC cable service; therefore, be it RESOLVED, That the Ithaca Common Council through the Mayor request that ACC delay any decision to remove the station from the air until such time as the public has had adequate time to respond to this proposal. Alderperson Daley and Mayor Nichols gave background information on this matter and it was noted that this has been discussed at the Cable Commission meeting. A vote on the resolution resulted as follows: Carried (8 -0) ADJOURNMENT On a motion the meeting adjourned at 11:20 p.m. Callista F. Paolang i City Clerk WN Benjamin Nichols Mayor It