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