HomeMy WebLinkAboutMN-CC-1990-10-03135
COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 7:00 P.M. October 3, 1990
PRESENT:
Mayor Nichols
Alderpersons (10) - Blanchard, Romanowski, Cummings, Daley,
(WW001 Booth, Johnson, Golder, Schroeder, Hoffman,
Peterson
OTHERS PRESENT:
City Clerk - Paolangeli
City Attorney - Guttman
City Controller - Cafferillo
Deputy City Controller - Thayer
Building Commissioner - Datz
Police Chief - McEwen
City Chamberlain - Parsons
co Youth Development Coordinator - Green
(� Board of Public Works Commissioner - Reeves
Tompkins County Board of Representatives - Lerner
co PLEDGE OF ALLEGIANCE
Q Mayor Nichols led all present in the Pledge of Allegiance to the
American flag.
MINUTES:
Approval of Minutes of the September 5, 1990 Common Council
Meeting
By Alderperson Johnson: Seconded by Alderperson Daley
RESOLVED, That the Minutes of the September 5, 1990 Common
Council meeting be approved with corrections as noted by the City
(600,� Clerk and changed in the official Minute Book.
Carried Unanimously
ADDITIONS TO THE AGENDA:
New Business
Alderperson Johnson requested
Council members regarding the
of occupancy be discussed an
for action.
No Council member objected.
that a letter that was received by
change in the fees for certificates
I possibly referred to a committee
Miscellaneous Business
Alderperson Cummings requested discussion of the Ithaca Transit's
survey distribution methodology.
No Council member objected.
Planning and Development Committee
Alderperson Hoffman requested that Council note that there are
two modified resolutions from the Planning and Development
Committee regarding Items 15.2 and 15.3.
Intergovernmental Relations Committee
Mayor Nichols noted that there are new resolutions on the sale of
the City Hall Annex. These resolutions were mailed to Council on
September 28.
Budget and Administration Committee
Alderperson Booth noted that there is a Bond Resolution on the
desks of Council for Item 17.4.
1
3 1f
October 3, 1990
MAYOR'S APPOINTMENTS
Ithaca Housing Authority
Mayor Nichols requested approval of Council for the re-
appointment of John Pirko, 31 Woodcrest Avenue, to the Ithaca
Housing Authority for a term to expire October 17, 1995.
Resolution
By Alderperson Daley: Seconded by Alderperson Romanowski
RESOLVED, That this Council approves the re- appointment of John
Pirko to the Ithaca Housing Authority with a term to expire
October 17, 1995.
Carried Unanimously
Rental Housing Commission
Mayor Nichols requested approval of Council for the appointment
of Valerie Grinston, 305 Fourth Street to the Rental Housing
Commission with a term to expire December 31, 1992, (replacing
Dennis Wille).
Resolution
By Alderperson Romanowski: Seconded by Alderperson Schroeder
RESOLVED, That this Council approves the appointment of Valerie
Grinston to the Rental Housing Commission with a term to expire
December 31, 1992.
Carried Unanimously
Board of Public Works
Mayor Nichols requested approval of Council for the appointment
of Paul Brandford, 104 Brookfield Road to the Board of Public
Works with a term to expire December 31, 1991, (replacing Michael
Sprague).
Resolution
By Alderperson Booth: Seconded by Alderperson Romanowski
RESOLVED, That this Council approves the appointment of Paul
Brandford to the Board of Public Works with a term to expire
December 31, 1991.
Carried Unanimously
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
City of Ithaca Employees Recognition Picnic
Denise Malone, Administrative Secretary, Personnel Department,
thanked Council, the Department Heads and everyone who
participated in the Employees Recognition Picnic held on
September 29th.
Hudson Street Improvements
Vincent Fuchs, Willseyville, thanked Council for the good job
that the City has done with the Hudson Street improvements.
Committee of the Whole Meetings
Guy Gerard addressed Council urging them not to drop the
Committee of the Whole meetings. He also spoke on the need for
the Neighborhood Civic Associations and how these associations
should be structured.
RESPONSE TO THE PUBLIC:
Voter Registration
Alderperson Golder reminded people who may have moved that if
they wish to register by mail the last day to do so is October
9th, in order to vote November 6th.
City Clerk Paolangeli stated that there will be a walk -in
registration day at City Hall on October 13th from 2 p.m. to
9.p.m.
6
October 3, 1990
REPORT OF BOARD OF REPRESENTATIVES:
Mr. Lerner, 1st Ward Rep. reported to Council on the following
matters:
Missing Soil Samples for DR -7 Landfill - One indirect
consequence of this problem is that at future Board of Reps
meetings there is going to be an additional one -half hour added
to the Construction Management and Public Works Committee
reports, specifically to keep the Board of Reps members better
informed on what is happening in the Solid Waste area.
Local Law for Mandating Trash Tagging for 1991_ - This will be
discussed at the next Board of Reps meeting. There will be a
public hearing at the opening of the meeting and then a vote on
the local law. In the draft of the local law there is a section
that refers to allowing municipalities that are trash haulers
themselves to opt out of trash tagging if the municipality so
chooses.
Central Processing Facility - There have been concerns raised
about whether the CPF, when it is built, would be under
government management or private management. He has received
(n some fairly detailed consultant's reports regarding that matter.
Q At this time there has certainly been no formal decision on that
question. Copies of that report have been given to Alderperson
Blanchard to share with other members of City government.
EOC Homeless Shelter Project - The Board of Reps did approve the
EOC proposal for the homeless shelter at their last meeting with
a total budget of $65,000.00. The City and County Human Services
Committees will meet jointly next week to discuss the issue.
Mental Health Building - The building is still projected to be
ready for occupancy by the 1st of January. Parking for that
building and what kinds of payments may be made between the City
and the County to settle the matter of parking are still up in
the air at this time.
Alderperson Blanchard stated that she has followed up on the
material that Mr. Lerner sent her and is attending the the Public
Works and Construction Management Committee meetings so she can
keep Council posted.
Alderperson Romanowski urged Mr. Lerner to make sure the County
looks at other areas of the City for a homeless shelter, not only
the First Ward.
Alderperson Cummings referred to a memo from Peter Weed to
Barbara Eckstrom, dated 10/2/90 asking for copies of the pre -
loading earth work drawings along with the latest site plan
drawings in relation to the CPF. She asked Mr. Lerner if he
knows if these materials have been sent over to the City.
3
Mr. Lerner responded that he does not know if this is being
followed up but he will check and find out.
Alderperson Booth urged Mr. Lerner and the rest of the County
Board to make the tag system applicable to all municipalities.
He stated that in regard to the Central Processing Facility, he
thinks it makes sense to look at questions of whether private
management for certain functions could be utilized. However, he
thinks the critical question is, who's in the business of making
decisions of what the facility receives and he thinks the record
is very clear that that should be a public agency. The handling
of garbage by private contractors, in this country, borders on
the scandalous and he believes that is not a situation we should
pursue in this county.
3
October 3, 1990
There was discussion regarding the raccoon problem in the City of
Ithaca and the County. Alderperson Booth urged the Board of Reps
to adopt a county -wide policy to deal with the problem.
REPORT OF CITY BOARDS, COMMITTEES AND COMMISSIONS•
Board of Public Works
Commissioner Reeves reported on the following:
County Increase of Tipping Fees - The Board of Public Works at
their Committee of the Whole meeting on October 5 began
discussion regarding the County's increase of tipping fees and
how that increase might affect the cost of trash tags. The Board
wants to have more accurate figures from the County before they
discuss any increase.
County Recycling Drop -off Center - The Board is discussing the
pros and cons of continuing the operation of the County Recycling
Drop -off Center on Willow Avenue. The present contract expires
on December 31st and more information will be provided by
Commissioner Reeves at the November Common Council meeting.
Stewart Park Entrance Design - The Board of Public Works approved
plans in August to change the Stewart Park entrance design. The
plans were prepared with the assistance of Dan Schmohe, the City
Forester, the Shade Tree Commission and the Interim Parks
Commission. This is to be funded from monies left over from the
Centennial Commission.
Gas Tank Removal on Linden Avenue - Two or three responses to the
RFP for this project have been received. The cost is in the
neighborhood of $25,000. but the DEC may require that the City
have test wells so that would increase the cost.
Energy Commission - Because most of the energy concerns are
building related, the Commission, after discussion, feels that
they should be under the Board of Public Works. A resolution
was passed at the September 26th meeting placing the Commission
under the Board of Public Works. The Commission asked that an
Energy Coordinator be added to staff. The Board felt that
position was not practicable at this time, but did decide that
serious consideration of energy conservation measures is a good
idea. The consideration of conservation measures will be taken
up at a later date by staff in the Engineering Office.
Increase in Water and Sewer Rates - The Board, at their meeting
today, discussed and contemplated an increase in water and sewer
rates. The reasons for this possible increase are the loss in
State aid in the amount of $100,000., the fact that the last
increase was in 1988 and the increase in sludge disposal has gone
up from 0 to $600,000. The Board will vote at its meeting next
week on the proposed rate increase.
The Mayor emphasized to the public that the increase that is
being discussed is a sizeable increase and there will be an
opportunity for the public to speak for or against the increase
at the next meeting of the Board on October 10th.
1st Hour Free Parking Question - Commissioner Reeves asked
Alderperson Daley if someone from Council is looking into the
restoration of the 1st hour free parking.
Alderperson Daley stated that the subject is back in the
merchant's court. There was a committee meeting that came up
with proposals to do a revenue neutral return of the 1st hour
free but those suggestions were considered not acceptable by the
merchants and the merchants have said that they would come up
with their own proposals and that is where it is now.
4
D
19
139
October 3, 1990
New Bus Route Map - There is a new map that has been developed by
Cornell that shows all of the bus routes in Tompkins County. The
map will be in the stores within the next few days.
Ad Hoc Committee on Public Transportation for the County
Mr. Carl Klapper handed out copies of a paper on "Pedestrian
Planning Zones" for Alderpersons to peruse. Mr. Klapper was
invited to attend the Planning and Development Committee meeting
(6W.1 to further discuss this subject.
COMMUNICATIONS FROM THE MAYOR:
Signing of Contract for Tompkins County Science Discovery Center
Mayor Nichols announced that on Friday, October 5th, at the Water
Plant, where the Science Discovery Center will be located, there
will be an official signing of the contract.
City Prosecutor Report
Alderperson Cummings asked if there could be a report from the
City Prosecutor at Common Council meetings.
City Attorney Guttman stated that he will discuss this with City
Prosecutor Richard John.
Noise Ordinance
City Attorney Guttman stated that he has spoken with Judge
Sherman last week about it. There have been several cases
regarding violations to the noise ordinance. Judge Sherman told
City Attorney Guttman that the average fine is about $200.00 per
violation.
Police Chief McEwen stated that he met with the Ithaca College
Student government last evening regarding the violations of the
noise ordinance that have been occurring. Chief McEwen stated
that it was a very good dialogue and that the IC student
government is looking for ways to work with the Police
Department. Chief McEwen said that he will work with the City
Prosecutor to get a report together if the Council so desires.
HUMAN SERVICES COMMITTEE:
Youth Opportunities - Report
Alderperson Johnson reported that the Human Services Committee
members were very impressed with the report that came out of the
Youth Opportunities sub - committee on "Employment Opportunities"
in the City of Ithaca. He said that there were several
recommendations that were made that the Human Services Committee
is going to be taking up. Alderperson Johnson handed out copies
of the report to Council members who are not members of the
committee.
Alderperson Johnson explained some of the recommendations to the
Council.
EOC Homeless Shelter - Report
Alderperson Johnson reported that the County has extended an
opportunity for the City to take part in this project. He stated
that the City is meeting with the County's Human Services
Committee to discuss what the City's role would be.
5
CITY
ATTORNEY'S REPORT
Polygon
City
/Lower Lawsuit
Attorney Guttman reported
that a decision has been
delivered
from
the Supreme Court in favor
of the Board of Zoning
Appeals.
Ithaca Boating Center
m
City
Attorney Guttman reported
that the Ithaca Boating
Center at
Q
506
Taughannock Boulevard has
vacated the property as
requested
by the
City.
City Prosecutor Report
Alderperson Cummings asked if there could be a report from the
City Prosecutor at Common Council meetings.
City Attorney Guttman stated that he will discuss this with City
Prosecutor Richard John.
Noise Ordinance
City Attorney Guttman stated that he has spoken with Judge
Sherman last week about it. There have been several cases
regarding violations to the noise ordinance. Judge Sherman told
City Attorney Guttman that the average fine is about $200.00 per
violation.
Police Chief McEwen stated that he met with the Ithaca College
Student government last evening regarding the violations of the
noise ordinance that have been occurring. Chief McEwen stated
that it was a very good dialogue and that the IC student
government is looking for ways to work with the Police
Department. Chief McEwen said that he will work with the City
Prosecutor to get a report together if the Council so desires.
HUMAN SERVICES COMMITTEE:
Youth Opportunities - Report
Alderperson Johnson reported that the Human Services Committee
members were very impressed with the report that came out of the
Youth Opportunities sub - committee on "Employment Opportunities"
in the City of Ithaca. He said that there were several
recommendations that were made that the Human Services Committee
is going to be taking up. Alderperson Johnson handed out copies
of the report to Council members who are not members of the
committee.
Alderperson Johnson explained some of the recommendations to the
Council.
EOC Homeless Shelter - Report
Alderperson Johnson reported that the County has extended an
opportunity for the City to take part in this project. He stated
that the City is meeting with the County's Human Services
Committee to discuss what the City's role would be.
5
October 3, 1990
Day Care - Report
Alderperson Johnson reported that the Human Services Committee
members have recently received a very lengthy, revised Drop -in
Children's Center proposal for a licensable location. A
committee has been looking at the possibility of what might be
able to be worked out on the Elmira Road site. He stated that at
this point that location is still uncertain but the Committee
will be looking at the revised proposal and will be working with
the Day Care Council to see what the possibilities of doing this
revised proposal might be.
PLANNING AND DEVELOPMENT COMMITTEE:
15.1 Ithaca Energy Commission
By Alderperson Hoffman: Seconded by Alderperson Daley
WHEREAS, the Energy Commission has requested that its By Laws be
amended to allow it to report to the Board of Public Works; now,
therefore, be it
RESOLVED, That upon the recommendation of the Planning and
Development Committee, the Ithaca Energy Commission By Laws
dated 9/21/90 which provide for the Commission to report to the
Board of Public Works be approved.
Resolution to Amend By -Laws
By Alderperson Daley: Seconded by Alderperson
RESOLVED, That Article III (Members) of th
Ithaca Energy Commission be amended to include
1991, at least two - thirds of the membership
of the City of Ithaca.
A vote on the resolution resulted as follows:
Romanowski
e By Laws for the
that by the end of
shall be residents
Carried Unanimously
Carried Unanimously
* 15.2 Environmental Quality Bond Act Application /Northside Park
By Alderperson Hoffman: Seconded by Alderperson Daley
RESOLVED, that Benjamin Nichols, Mayor of the City of Ithaca is
authorized and directed to file an application on forms
prescribed by the New York State Office of Parks, Recreation and
Historic Preservation for financial assistance in accordance with
the provision of Title 9 of the Environmental Quality Bond Act of
1986, in an amount not to exceed $108,613 and upon approval of
said request to enter into and execute a project agreement with
the State for such financial assistance to this municipality for
the creation of a park in the Northside Neighborhood.
Alderperson Hoffman explained the application process and
extensive discussion followed on the floor.
A vote on the resolution resulted as follows:
Ayes (8) - Johnson, Blanchard, Hoffman, Golder, Daley,
Peterson, Schroeder, Booth
Nays (2) - Romanowski, Cummings
Carried
* 15.3 Guide for Zoning Ordinance Amendments
By Alderperson Hoffman: Seconded by Alderperson Daley
WHEREAS, there is a need for a clear process to guide the
development and review of amendments to the Zoning Ordinance and
Official Map, and
WHEREAS, a draft guide for Zoning Ordinance Amendments has been
developed and reviewed by both the Planning Board and Planning
and Development Committee; now, therefore, be it
October 3, 1990
RESOLVED, That the Guide for Zoning Ordinance Amendments dated
October 3,1990 is hereby adopted by Common Council to serve as a
procedural guide for the consideration of proposed amendments to
the Zoning Ordinance, and be it further
RESOLVED, That the adoption of this guide shall not in any way
substitute for or obviate the need for strict compliance with the
procedural requirements for zoning ordinance amendments contained
in state or local laws, and be it further
RESOLVED, That the adoption of this guide shall not constitute a
new set of binding procedural requirements for the amendment of
the Zoning Ordinance, and that failure to follow the procedural
suggestions in this guide shall not cause a defect in the
approval of a zoning ordinance amendment, provided all legal
requirements are met.
B. Concept Memo: Planning and Development Committee
directs Planning and Development staff to draft
memorandum explaining the concept of the proposed
zoning change. Memorandum is referred to Planning and
Development Board for review and comment. If, in the
opinion of the Planning and Development Committee, the
concept does not require drafting of a concept
memorandum, the proposed concept may be referred orally
to the Planning and Development Board by the liaison to
the Board.
C. Comments Received: Comments on the proposed change are
brought back to the Planning and Development Committee
through an oral report from the liaison. Comments may
also be referred in writing. Planning and Development
Committee may advance the proposed amendment, modify
it, request more information, or terminate
consideration. The Planning and Development Committee
may request that the Planning and Development Board
take a lead role in drafting a zoning amendment.
D. Amendment First Draft: Planning and Development
Committee directs Planning and Development staff in
conjunction with City Attorney to draft proposed
change. Environmental review is initiated. If
possible, Planning and Development Committee chair
reviews draft. Draft, edited by Chair, is circulated
to Attorney, Building Commissioner, Engineering,
Conservation Advisory Council and Planning and
Development Board.
7
GUIDE FOR ZONING ORDINANCE AMENDMENTS
co
This guide for the review of zoning ordinance amendments is
designed to accommodate three different types of situations. The
procedure used would depend on the complexity of the zoning
�]
amendment being considered. The Planning and Development
Committee would determine which procedure is appropriate. The
steps outlined are intended as a guide, not as rigid
requirements.
The three different procedures are as follows:
I. EXPEDITED ZONING ORDINANCE AMENDMENT (minor word or number
change which only modifies the existing zoning concept).
(400"
A. Referral: The Planning and Development Board or Common
Council refers a zoning issue to the Planning and
Development Committee. Changes may also be undertaken
by Planning and Development Committee without referral.
B. Concept Memo: Planning and Development Committee
directs Planning and Development staff to draft
memorandum explaining the concept of the proposed
zoning change. Memorandum is referred to Planning and
Development Board for review and comment. If, in the
opinion of the Planning and Development Committee, the
concept does not require drafting of a concept
memorandum, the proposed concept may be referred orally
to the Planning and Development Board by the liaison to
the Board.
C. Comments Received: Comments on the proposed change are
brought back to the Planning and Development Committee
through an oral report from the liaison. Comments may
also be referred in writing. Planning and Development
Committee may advance the proposed amendment, modify
it, request more information, or terminate
consideration. The Planning and Development Committee
may request that the Planning and Development Board
take a lead role in drafting a zoning amendment.
D. Amendment First Draft: Planning and Development
Committee directs Planning and Development staff in
conjunction with City Attorney to draft proposed
change. Environmental review is initiated. If
possible, Planning and Development Committee chair
reviews draft. Draft, edited by Chair, is circulated
to Attorney, Building Commissioner, Engineering,
Conservation Advisory Council and Planning and
Development Board.
7
October 3, 1990
E. Referral to Committee of the Whole (or a combined
meeting of the affected committees or boards):
Planning and Development Committee receives comments on
draft and directs Planning and Development staff to
make appropriate modifications to the amendment.
Modified amendment is referred by the Planning and
Development Committee to the Committee of the Whole (or
a combined meeting of the affected committees or
boards). Committee of the Whole refers amended draft
to Common Council.
F. Public Hearing: Common Council calls for public
hearing and directs that change be advertised.
G. Council Action: Common Council votes on proposed
amendment.
II. COMPLEX ZONING ORDINANCE AMENDMENTS (extensive changes to
the rules for a zoning district, a map change or similar
major modification to the Zoning Ordinance).
A. Referral: The Planning and Development Board or Common
Council refers a zoning issue to the Planning and
Development Committee. Changes may also be undertaken
by Planning and Development Committee without referral.
B. Concept Memo: Planning and Development Committee
directs Planning and Development staff to draft
memorandum explaining the concept of the proposed
zoning change. Memorandum is referred to Planning and
Development Board, Conservation Advisory Council, City
Attorney, Building Commissioner, City Engineer, and
Director of Planning and Development for review and
comment.
C. Comments Received: Planning and Development Department
receives and compiles comments for consideration by
Planning and Development Committee. Written comments
are preferred. Planning and Development Committee may
advance the proposed amendment, modify it, request more
information, or terminate consideration. The Planning
and Development Committee may request that the Planning
and Development Board take a lead role in drafting a
zoning amendment.
D. Amendment First Draft: Planning and Development
Committee directs Planning and Development staff in
conjunction with City Attorney to draft proposed
change. Environmental review is initiated. If
possible, Planning and Development Committee Chair
reviews draft. Draft, edited by Chair is circulated to
Attorney, Building Commissioner, Engineering,
Conservation Advisory Council and Planning and
Development Board.
E. Referral to Committee of the Whole (or a combined
meeting of the affected committees or boards):
Planning and Development Committee receives comments on
draft and directs Planning and Development staff to
make appropriate modifications to the amendment.
Modified amendment is referred by the Planning and
Development Committee to the Committee of the Whole (or
a combined meeting of the affected committees or
boards). Committee of the Whole refers amended draft
to Common Council.
J
October 3, 1990
F. Public Hearing: Common Council calls for public
hearing and directs that change be advertised.
G. Council Action: Common Council votes on proposed
amendment.
(wwe,
III. EXTENSIVE ZONING ORDINANCE AMENDMENTS (development of a
zoning district, ordinance section or extensive
new
map
changes).
Same as II above,
except that the draft amendments may be
referred back to
the various boards and committees
for
comments. Several
drafts of the ordinance will likely
need
to be prepared.
r,'- Discussion followed on the floor.
A vote on the resolution resulted as follows:
Ayes (9) - Hoffman, Johnson, Romanowski, Golder, Daley,
Blanchard, Peterson, Booth, Schroeder
Nay (1) - Cummings
Carried
Cornell Campus Plan - Report
Alderperson Hoffman reported that Cornell University does have a
campus plan which was discussed with the Planning and
Development Committee last month. He stated that there were
concerns raised about the number of new structures that are
planned, about some changes proposed for the Cornell Heights
neighborhood, about relocation of roadways and appearance of
substantial new buildings in the historic district, about parking
and traffic. He said there will be more meetings with Cornell
forthcoming to discuss specific ideas that impact the City and
the representatives from Cornell said that it was not adopted
formally by the Board of Trustees and that there is room for
negotiations.
Parking Space Size - Report
Alderperson Hoffman reported that the committee is in the process
of coming up with a proposal for a reduced minimum parking space
size that would allow for smaller lots or fit more cars into
same size parking lots and they are also looking at proposing
regulations for parking in yards.
Neighborhood Planning and Citizens Involvement
The Committee heard a report from Planning staff on citizen
participation in decision making and the planning process for
City projects. Reports were received from other cities that seem
to be much better organized. More research on some of these
concepts will be incorporated in the 1991 work plan.
CHARTER AND ORDINANCE COMMITTEE:
* 16.1 A Local Law Amending the Ithaca City Charter, Article 4,
Entitled 'Taxation and Assessments', of Section 4.7, Entitled
"Collection of County Taxes"
By Alderperson Peterson: Seconded by Alderperson Golder
LOCAL LAW NO. OF THE YEAR 1990
A LOCAL LAW AMENDING THE ITHACA CITY CHARTER, ARTICLE 4,
ENTITLED 'TAXATION AND ASSESSMENTS', SECTION 4.17 ENTITLED
"COLLECTION OF COUNTY TAXES"
BE IT ENACTED by the Common Council of the City of Ithaca,
New York, as follows:
9
October 3, 1990
Section 1. Section 4.17 of Article 4 of the Ithaca City
Charter, as follows, is hereby repealed.
[The City Chamberlain is hereby authorized to receive the warrant
issued by the Board of Representatives of Tompkins County, and
to collect the tax levied by them, and the additional per centum,
the same in all respect as a Town collector, and the Board of
Representatives of Tompkins County are directed to issue their
warrant to the said City Chamberlain for the collection of said
tax.]
Section 2. Effective Date.
This Local Law shall take effect immediately after filing
with the Office of the Secretary of State.
City Controller Cafferillo addressed Council in opposition to
the Local Law and answered questions from Council members.
City Chamberlain Parsons explained to the Council how the
collection of taxes affects her staff and why she thinks the
Local Law should be passed.
Discussion followed on the floor.
A vote on the resolution resulted as follows:
Ayes (3) - Daley, Golder, Peterson
Nays (6) - Romanowski, Blanchard, Booth, Hoffman, Johnson,
Schroeder
Alderperson Cummings out of room at time of vote.
Motion Defeated
Shade Tree Ordinance - Report
Alderperson Peterson reported that the first half of the
ordinance has been reviewed by City Attorney Guttman, a sub-
committee of the Shade Tree Committee and herself. There are
several changes and the Committee will be looking at two new
sections at their next meeting.
Transient Vendors Ordinance - Report
Alderperson Peterson reported that the Committee is studying the
ordinance and the City Attorney is doing research at this time.
Vehicle Emissions Ordinance - Report
Alderperson Peterson reported that the Committee will make a
determination at their next meeting as to whether the City should
enforce the State laws or write their own laws, as New York City
has done, regarding vehicle emissions.
A77( VQQ •
The Common Council recessed at 8:45 p.m. and reconvened in
regular session at 9:00 p.m.
BUDGET AND ADMINISTRATION COMMITTEE:
* 17.1 Police Department - Request Authorization to Provide
Traffic Control Assistance to School District
By Alderperson Booth: Seconded by Alderperson Peterson
RESOLVED, That the Police Chief is hereby authorized to provide
traffic control assistance to the Ithaca City School District at
a composite hourly rate of $28.50.
Police Chief McEwen answered questions from Council members.
A vote on the resolution resulted as follows:
10
Carried Unanimously
19
October 3, 1990
* 17.2 Youth Bureau - Request Authorization to Transfer Funds to
Resurface Tennis Courts and Basketball Court
By Alderperson Booth: Seconded by Alderperson Peterson
WHEREAS, the Department of Public Works has proposed resurfacing
the tennis courts at Cass Park and the basketball court at GIAC,
within existing departmental appropriations; now, therefore, be
it
RESOLVED, That $5,838 be transferred from account A7182 -477, Cass
Park Equipment Parts and Supplies, to account A7182 -435, Cass
Park Contractual Services, for the resurfacing of four tennis
courts, and that $1,800 be transferred from account A7182 -477,
Cass Park Equipment Parts and Supplies to account A1626 -435, GIAC
Facility Contractual Services for resurfacing of the basketball
court.
I-"- Discussion followed on the floor with Alderperson Booth
(0 explaining that the basketball court can be done with a hard
(T) macadam type surface as opposed to a composite type surface
which is quite a bit more expensive.
Amending Resolution
By Alderperson Booth: Seconded by Alderperson Blanchard
RESOLVED, That the $1,800 be stricken from the Resolved Clause.
Discussion followed on the floor.
D
A vote on the amendment resulted as follows:
Ayes (2) -
Nays ( 7 ) -
Alderperson
Booth, Blanchard
Hoffman, Romanowski, Golder, Schroeder, Peterson,
Daley, Johnson
Cummings out of room at time of vote.
Motion Defeated
Main Motion
A vote on the Main Motion resulted as follows:
Carried Unanimously
* 17.3 DPW - Request Additional Allocations of Funds For
Revision of the Industrial Pretreatment Ordinance
By Alderperson Booth: Seconded by Alderperson Blanchard
WHEREAS, the Chief Plant Operator of the Ithaca Area Wastewater
Treatment Plant has proposed a revision of the existing
Industrial Pretreatment Ordinance, and
WHEREAS, the Chief Operator has requested an additional
allocation of funds for testing and enforcement relative to the
existing Industrial Pretreatment Program, and
WHEREAS, the Special Joint Subcommittee of the Ithaca Area Waste-
water Treatment Plant has reviewed a proposal from Susan Hajda
Brock of the firm of True, Walsh and Miller for the provision of
legal services in connection therewith, and
WHEREAS, the Special Joint Subcommittee and the Board of Public
Works has recommended that $9,500 be approved for the revision of
the Industrial Pretreatment Ordinance on behalf of the joint
owners, and that $10,000 be authorized for additional industrial
pretreatment testing and enforcement; now, therefore, be it
RESOLVED, That an amount not to exceed $19,500 be transferred
from account J1990, Restricted Contingency, to account J8150 -435,
Joint Activity Contractual Services for such purpose.
Carried Unanimously
11
October 3, 1990
A RESOLUTION AUTHORIZING THE ISSUANCE OF $100,000 SERIAL BONDS OF
THE CITY OF ITHACA, TOMPKINS COUNTY, NEW YORK, TO PAY THE COST OF
THE EXCAVATION AND REMOVAL OF UNDERGROUND FUEL TANKS ON CITY
PROPERTY IN AND FOR SAID CITY.
By Alderperson Booth: Seconded by Alderperson Blanchard
WHEREAS, all conditions precedent to the financing of the capital
project hereinafter described, including compliance with the
provisions of the State Environmental Quality Review Act, have
been performed, and
WHEREAS, it is now desired to authorize the financing of such
capital project; now, therefore, be it
RESOLVED, by the Common Council of the City of Ithaca, Tompkins
County, New York, as follows:
Section 1. For the specific object or purpose of paying the
cost of the excavation and removal of underground fuel tanks on
City property in and for the City of Ithaca, Tompkins County, New
York, there are hereby authorized to be issued $100,000 serial
bonds of the City of Ithaca, Tompkins County, New York pursuant
to the provisions of the Local Finance Law.
Section 2. It is hereby determined that the maximum
estimated cost of the aforesaid specific object or purpose is
$100,000 and that the plan for the financing thereof is by the
issuance of the $100,000 serial bonds of said City authorized to
be issued pursuant to this bond resolution. Further details
concerning said bonds will be prescribed in a further resolution
or resolutions of this Common Council.
Section 3. It is hereby determined that the period of
probable usefulness of the aforesaid specific object or purpose
is five years, pursuant to subdivision 88(b) of paragraph a of
Section 11.00 of the Local Finance Law.
Section 4. Subject to the provisions of the Local Finance
Law, the power to authorize the issuance of and to sell bond
anticipation notes in anticipation of the issuance and sale of
the serial bonds herein authorized, including renewals of such
notes, is hereby delegated to the City Controller, the chief
fiscal officer. Such notes shall be of such terms, form and
contents, and shall be sold in such manner, as may be prescribed
by said City Controller, consistent with the provisions of the
Local Finance Law.
Section 5. The faith and credit of said City of Ithaca,
Tompkins County, New York, are hereby irrevocably pledged for
the payment of the principal of and interest on such obligations
as the same respectively become due and payable. An annual
appropriation shall be made in each year sufficient to pay the
principal of and interest on such obligations becoming due and
payable in such year. There shall annually be levied on all the
taxable real property of said City, a tax sufficient to pay the
principal of and interest on such obligations as the same become
due and payable.
Section 6. The validity of such bonds and bond anticipation
notes may be contested only if:
1) Such obligations are authorized for an object or
purpose for which said City is not authorized to expend
money, or
12
J
14 ;'
October 3, 1990
2) The provisions of law which should be complied with at
the date of publication of this resolution are not
substantially complied with,
and an action, suit or proceeding contesting such validity is
commenced within twenty days after the date of such publication,
or
3) Such obligations are authorized in violation of the
provisions of the Constitution.
Carried
Section 7. This
resolution, which takes
effect immediately,
shall be published in
full in the Ithaca Journal,
the official
newspaper, together
with a notice of the
City Clerk in
substantially the form
provided in Section
81.00 of the Local
Finance Law.
and safety threat, and
CD
The question of the adoption
of the foregoing
resolution was duly
()
put to a vote on roll
call, which resulted as
follows:
D
Works, Capital Project #239 shall be established at a maximum
estimated cost of $100,000 to dispose of said contaminated tanks
Romanowski - Aye
Daley
- Aye
,Q
Hoffman - Aye
Blanchard
- Aye
Johnson - Aye
Peterson
- Aye
Golder - Aye
Schroeder
- Aye
Booth - Aye
Cummings
- Out of room
at time of
vote
Carried
Alderperson Cummings returned to the meeting at 9:20 p.m.
13
* 17 4 DPW - Request to Establish Capital Project #239 Pending
the Ultimate Determination of Responsibility for Removal of
Buried Tanks at 227 Linden Avenue
By Alderperson Booth: Seconded by Alderperson Hoffman
WHEREAS, two contaminated tanks were found buried in front of 227
Linden Avenue, on land apparently owned by the City of Ithaca,
and
WHEREAS, these tanks were tested and found to contain high levels
of gasoline, which, if left intact, could pose a serious health
and safety threat, and
WHEREAS, under applicable State law the City may be responsible
for removing these tanks even though the City did not install
them; now, therefore, be it
RESOLVED, That based on a recommendation of the Board of Public
Works, Capital Project #239 shall be established at a maximum
estimated cost of $100,000 to dispose of said contaminated tanks
on Linden Avenue, and be it further
RESOLVED, That $40,000 be advanced from the General Fund to
Capital Project #239 for such purpose, pending the ultimate
determination of responsibility by the City Attorney.
Alderperson Booth explained the resolution and City Controller
Cafferillo addressed Council on the subject of the Bond
Resolution.
Carried Unanimously
Alderperson Cummings returned to the meeting at 9:20 p.m.
13
E
October 3, 1990
* 17.5 Request to Encumber Volunteer Fire Fighter Service Awards
Program Funds
By Alderperson Booth: Seconded by Alderperson Peterson
RESOLVED, That $30,000 appropriated in the 1990 General Fund
Budget for the establishment of a Service Awards Program for
Volunteer Fire Fighters, shall be encumbered for the purpose of
enhancing this program in future fiscal periods.
Carried Unanimously
* 17.6 Amendment of Personnel Roster - Youth Bureau
By Alderperson Booth: Seconded by Alderperson Daley
RESOLVED, That the Personnel Roster of the Youth Bureau be
amended as follows:
Delete: One (1) Youth Worker - Grade 18
Add One (1) Youth Development Program Leader (Outing
Program) - Grade 18
Carried Unanimously
* 17.7 Amendment of Personnel Roster - Finance Department
By Alderperson Booth: Seconded by Alderperson Daley
RESOLVED, That the Personnel Roster of the Finance Department be
amended as follows:
Delete: One (1) Senior Account Clerk - Grade 6
Add One (1) Senior Account Clerk /Typist - Grade 6
Carried Unanimously
* 17.8 Employee Incentive Award - Youth Bureau
By Alderperson Booth: Seconded by Alderperson Peterson
WHEREAS, the Youth Bureau Director has recommended Youth Program
Coordinator John Bailey for an Employee Incentive Award pursuant
to the terms of the CSEA Administrative Unit contract, and
WHEREAS, the Youth Bureau Director has provided the Budget and
Administration Committee with substantial justification for
granting this Employee Incentive Award, and
WHEREAS, the Youth Bureau Director's recommendation complies with
the procedure and guidelines outlined in the CSEA Administrative
Unit Contract; now, therefore, be it
RESOLVED, That John Bailey's salary be increased by eight (8 %)
percent to an annual salary of $21,288 effective September 19,
1990.
Ayes (9) - Booth, Johnson, Blanchard, Schroeder, Hoffman,
Peterson, Daley, Cummings, Romanowski
Nay (1) - Golder
Carried
* 17.9 Employee Incentive Award - Youth Bureau
By Alderperson Booth: Seconded by Alderperson Schroeder
WHEREAS, the Youth Bureau Director has recommended Office Manager
Carol Wilson for an Employee Incentive Award pursuant to the
terms of the CSEA Administrative Unit contract, and
WHEREAS, the Youth Bureau Director has provided the Budget and
Administration Committee with substantial justification for
granting this Employee Incentive Award, and
WHEREAS, the Youth Bureau Director's recommendation complies with
the procedure and guidelines outlined in the CSEA Administration
Unit contract; now, therefore, be it
14
0
149
October 3, 1990
RESOLVED, That Carol Wilson's salary be increased by eight (8 %)
percent to an annual salary of $24,396, effective September 19,
1990.
Ayes (9) - Peterson, Booth, Hoffman, Romanowski, Daley,
Blanchard, Schroeder, Johnson, Cummings
Nay (1) - Golder
Carried
*
17.10 Employee Incentive Award - Youth Bureau
By Alderperson Booth: Seconded by Alderperson Peterson
WHEREAS, the Youth Bureau Director has recommended Recreation
Supervisor John Doyle for an Employee Incentive Award pursuant to
the terms of the CSEA Administrative Unit contract, and
WHEREAS, the Youth Bureau Director has provided the Budget and
Administration Committee with substantial justification for
co granting this Employee Incentive Award, and
CD
WHEREAS, the Youth Bureau Director's recommendation complies
with the procedure and guidelines outlined in the CSEA
Administrative Unit Contract; now, therefore, be it
RESOLVED,
percent to
1990.
Ayes (9) - Booth, Peterson, Cummings, Daley, Hoffman,
Schroeder, Hoffman, Blanchard, Romanowski
Nay (1) - Golder
Carried
That John Doyle's salary be increased by eight (8 %)
an annual salary of $30,535, effective September 19,
* 17 11 Request Authorization to Recodify the City Code and
Charter
By Alderperson Booth: Seconded by Alderperson Schroeder
RESOLVED, That the Mayor is authorized to enter into a contract
with General Code Publishers Corp. for the purpose of recodifying
and republishing the City of Ithaca Charter and Municipal Code.
The terms of the contract are that the City shall pay to General
Code Publishers Corp. a base price of $26,000 plus additional
amounts for. new subject matter and substantial additions added to
the Code after September 1, 1990, inclusion of specially composed
or duplicated matter, preparation of pamphlets containing
portions of the Code, additional volumes of the Code above the
100 copies which shall be provided for the base price and
appendix material. Not more than one half the cost shall be paid
in calendar year 1991 with the balance of the cost to be paid in
calendar year 1992. The form of the contract shall be approved
by the City Attorney, and be it further
RESOLVED, That the Mayor is further authorized to take all
appropriate steps to determine the City's arrangements with
Municipal Consultants and Publishers, Inc.
Carried Unanimously
Capital Projects Review - Report
Alderperson Booth reported that the Capital Projects Review
Committee has distributed a memo with its recommendations to the
Mayor and Council members. He stated that the memo is the result
of extensive meetings by the committee in August and September.
Alderperson Booth stated that there will be a public meeting
regarding the proposed funding decisions on October 17th at 8:00
p.m. He said that copies of the memo are available in the City
Clerk's Office.
15
Domestic Partnership - Report
Alderperson Booth reported that the
Domestic Partnership issue. The
proposed resolution which will be
November dealing with sick leave
domestic partnerships.
October 3, 1990
Committee has discussed the
City Attorney is drafting a
brought to the Council in
and bereavement days for
Alderperson Booth stated that the Committee's basic conclusion is
that that is the only area under existing law in which the City
has any real flexibility to provide a benefit to our employees.
Trash Tags - Report
Alderperson Booth stated that there will be a meeting to hear
comments from the public regarding the trash tag system on
October 17th at 7:00 p.m.
* 17.15 Audit
By Alderperson Booth: Seconded by Alderperson Peterson
RESOLVED, That the bills presented, as listed on Audit Abstract
,#17/1990 in the total amount of $59,837.21 be approved for
payment.
Carried Unanimously
INTERGOVERNMENTAL RELATIONS COMMITTEE:
Sale of City Hall Annex Procedure
By Alderperson Johnson: Seconded by Alderperson Schroeder
WHEREAS, the Common Council of the City of Ithaca by resolution
duly adopted at its regular meeting on October 7, 1987 declared
the City Hall Annex, tax map number 70 -5 -24, 123 South Cayuga
Street, surplus property, and
WHEREAS, the property has been vacant for some time; now,
therefore, be it
RESOLVED, That the said property be sold pursuant to procedures
to be adopted by this Council.
Discussion followed on the floor regarding the procedure being
followed and the number of votes needed to pass the resolution.
Comments were made by several Alderpersons and questions answered
by City Attorney Guttman.
Ayes (7) - Blanchard, Romanowski, Cummings, Daley,
Schroeder, Hoffman, Peterson
Nays (3) - Johnson, Golder, Booth
Motion Fails
(Super Majority Needed)
Mayor Nichols stated that at the Committee of the Whole meeting
it was agreed that the motion that would be presented as the Main
Motion would be the one transferring it to the IURA and that
presumably a substitute motion would then be proposed as a second
motion.
The IURA resolution was put on the floor as follows:
By Alderperson Schroeder: Seconded by Alderperson Cummings
WHEREAS, Common Council of the City of Ithaca has resolved to
sell the City Hall Annex property, tax map no. 70 -5 -24, 123 South
Cayuga Street; now, therefore, be it
RESOLVED, That the Ithaca Urban Renewal
Director be and are hereby authorized
Attorney for the agency to dispose of
with the process set forth in applicabl,
regulations including the IURA "Land
dated 10/22/84, and be it further
Agency and its Executive
upon advice of the City
the Annex in accordance
a State and local law and
Disposition Procedures"
0
19
f:f
October 3, 1990
RESOLVED, That in determining the best proposal for the Annex,
the IURA and its Executive Director shall consider the price
offered for the premises and the effect that the proposed use of
the premises will have on the general welfare of the community
and the revitalization of the area surrounding the Annex, and be
it further
RESOLVED, That in accordance with the requirements of the IURA
"Land Disposition Procedures" no such disposition shall be
approved or executed without the express approval of a majority
of the Common Council, and be it further
RESOLVED, That any disposition will be subject to the following
conditions:
1. That the property will be sold subject to binding
review by the Ithaca Landmarks Preservation Commission
for any changes to the exterior of the building; and
co 2. The bridge between the Annex and City Hall will be a
M part of this property but the entrance to City Hall
from the bridge will be eliminated.
CQ The Substitute Resolution was placed on the floor as follows so
that both resolution could be debated.
By Alderperson Hoffman: Seconded by Alderperson Booth
WHEREAS, Common Council of the City of Ithaca has resolved to
sell the City Hall Annex property, tax map no. 70 -5 -24, 123 South
Cayuga Street; now, therefore, be it
RESOLVED, That the City Attorney is hereby directed to undertake
all necessary steps to sell the City Hall Annex to the highest
bidder by receiving sealed bids, subject to the following terms
or conditions:
1. The property will be sold subject to binding review by
the Ithaca Landmarks Preservation Commission of any
changes to the exterior of the building;
2. The bridge between the Annex and City Hall will be part
.of this property but the entrance to City Hall from the
bridge will be eliminated;
and be it further
RESOLVED, That this Council, by majority vote, shall reserve the
right to reject any bid under $225,000.00.
Discussion followed on the merits of these resolutions.
Amendment
By Alderperson Golder: Seconded by Alderperson Hoffman
RESOLVED, That there will be a further condition added to the
IURA resolution as follows: "That final approval by Common
Council will be by Super_ Majority ".
Ayes (2) - Golder, Hoffman
Nays (8) - Booth, Daley, Cummings, Peterson, Romanowski,
Blanchard, Golder, Johnson
Motion Fails
Alderperson Peterson suggested that in the Second Resolved of the
IURA Resolution, the following be added in the third line, after
the word premises, "the capability of the proposed purchaser to
rehabilitate and develop the property ", and the effect .....etc.
Alderperson Peterson's wording for the Second Resolved of the
IURA Resolution was accepted and therefore added to the
resolution.
17
October 3, 1990
Extensive discussion followed on the floor, with City Attorney
Guttman answering questions from Council members.
Amending Resolution
By Alderperson Daley: Seconded by Alderperson Johnson
RESOLVED, That in the Second Resolved of the IURA Resolution, the
following be added after the words develop the property, "and
possibly the requirement of sufficient funds in escrow to
guarantee such rehabilitation and development ", and the
effect .... etc.
Carried Unanimously
Amending Resolution
By Alderperson Daley: Seconded by Alderperson Cummings
RESOLVED, That at the end of the Second Resolved of the IURA
Resolution, the following wording shall be added: "in
prioritizing proposals one favorable consideration shall be a
proposal in which the premises shall be owner occupied ", and be
it further...
Ayes (6) - Schroeder, Johnson, Cummings, Daley, Golder,
Mayor Nichols
Nays (5) - Blanchard, Romanowski, Hoffman, Booth, Peterson
Carried
Further discussion followed on the floor regarding the value and
the cost of the Annex.
Amending Resolution
By Alderperson Hoffman: Seconded by Alderperson Romanowski
RESOLVED, That there be an additional Resolved Clause to read as
follows: "That Common Council recommends that the IURA only
consider proposals at or above the appraised value ".
Ayes (2) - Hoffman, Romanowski
Nays (8) - Blanchard, Johnson, Daley, Cummings, Peterson,
Golder, Schroeder, Booth
Motion Fails
Amending Resolution
By Alderperson Hoffman: Seconded by Alderperson Booth
RESOLVED, That the 'Terms and Conditions for Sale of Annex' be
attached to the resolution and recommended to the IURA.
Carried Unanimously
After further discussion, it was acceptable to the Council to
change the date in #3 of the 'Terms and Conditions for Sale of
Annex' to December 15, 1990.
Alderperson Romanowski, for the record, stated that he has
listened tonight, he has been through this before, and he
understands now why the sale failed. He said that there is a
building exactly one block away that is smaller and sold for
twice the price of this one that was done by private developers.
It houses a newspaper, has housing, has other business going on
and the City did not interfere a bit with it and it is still a
viable part of the downtown.
Alderperson Romanowski stated that he was almost convinced to go
with the IURA but after listening to the arguments tonight and
condition upon condition being piled upon the sale of this
building, which will probably not be followed, he thinks the City
is asking for a disaster again and he thinks Alderperson Hoffman
is correct. The City should do a clean sale on this - let the
private developer get to it because he has seen private
development that does do a good job downtown. He said if the
Council is so worried about what is going to happen, then the
18
�1-4
co
M
Q
October 3, 1990
Building Department and the Building Department procedures are
the way to make sure what goes into that building is a credit to
the City.
Mayor Nichols explained that the motion to be voted on is the
motion to substitute. If the Council votes yes, they will be
moving to substitute the sealed bid mechanism for the proposed
IURA mechanism. He said that the IURA mechanism includes all the
amendments that have so far been adopted.
Resolution to Substitute (Sealed bids)
RESOLVED, That the Common Council accepts the substitute
resolution for the sale of the City Hall Annex.
Ayes (4) - Booth, Hoffman,
Nays (6) - Johnson, Golder,
Schroeder
Romanowski, Blanchard
Peterson, Cummings, Daley,
Motion Fails
Further discussion followed on the procedures for the sale of the
Annex.
Resolution (Transfer to IURA)
The resolution with amendments will read as follows:
WHEREAS, Common Council of the City of Ithaca has resolved to
sell the City Hall Annex property, tax map no. 70 -5 -24, 123 South
Cayuga Street; now, therefore, be it
RESOLVED, That the Ithaca Urban Renewal
Director be and are hereby authorized
Attorney for the agency to dispose of
with the process set forth in applicabl
regulations including the IURA "Land
dated 10/22/84, and be it further
Agency and its Executive
upon advice of the City
the Annex in accordance
e State and local law and
Disposition Procedures"
i 5:1
RESOLVED, That in determining the best proposal for the Annex,
the IURA and its Executive Director shall consider the price
offered for the premises, the capability of the proposed
purchaser to rehabilitate and develop the property, possibly the
requirement of sufficient funds in escrow to guarantee such
rehabilitation and development, the effect that the proposed use
of the premises will have on the general welfare of the
community and the revitalization of the area surrounding the
Annex, and in prioritizing proposals one favorable consideration
shall be a proposal in which the premises shall be owner
occupied, and be it further
RESOLVED, That in accordance with the requirements of the IURA
"Land Disposition Procedures" no such disposition shall be
approved or executed without the express approval of a majority
of the Common Council, and be it further
RESOLVED, That any disposition will be subject to the following
conditions:
1. That the property will be sold subject to binding
review by the City for any changes to the exterior of
the building; and
2. The bridge between the Annex and City Hall will be a
part of this property but the entrance to City Hall
from the bridge will be eliminated.
19
October 3, 1990
TERMS AND CONDITIONS FOR SALE OF ANNEX
1. Property shall be conveyed in its "as is" condition.
2. Property shall be conveyed by bargain and sale deed.
3. Proposals to the IURA or sealed bids shall be received by
December 15, 1990.
4. Buyer shall post a non - refundable ten percent deposit at
time of acceptance of bid or proposal by the City.
5. Closing shall take place within 60 days after acceptance of
bid or proposal.
6. Balance of the purchase price shall be paid in cash or
certified check.
7. Closing shall take place in City Hall.
8. City shall provide an abstract showing good and marketable
title.
The vote on the resolution was as follows:
Ayes (6) - Peterson, Schroeder, Golder, Cummings, Daley
Johnson
Nays (4) - Booth, Hoffman, Romanowski, Blanchard
Carried
Sale-of Citv Hall Annex Procedures
By Alderperson Golder: Seconded by Alderperson Peterson
WHEREAS, the Common Council of the City of Ithaca by resolution
duly adopted at its regular meeting on October 7, 1987 declared
the City Hall Annex, tax map number 70 -5 -24, 123 South Cayuga
Street, surplus property, and
WHEREAS, the property has been vacant for some time; now,
therefore, be it
RESOLVED, That the said property be sold pursuant to procedures
adopted by this Council.
Ayes (9) - Booth, Golder, Romanowski, Blanchard, Cummings,
Daley, Peterson, Johnson, Schroeder
Nay (1) - Hoffman
Carried
UNFINISHED AND MISCELLANEOUS BUSINESS:
Ithaca Transit Survey
Alderperson Cummings stated that she is concerned about the
methodology that is proposed to be used for the Ithaca Transit
survey. She does not believe Council members can be expected to
distribute the surveys to the residents.
Discussion followed on the floor on what would be a better method
for distribution.
Motion to Refer to Committee
By Alderperson Daley: Seconded by Alderperson Schroeder
RESOLVED, That the matter of the Ithaca Transit Survey be
referred to the Board of Public Works for review and a different
method of distribution be pursued.
Carried Unanimously
M
155
October 3, 1990
NEW BUSINESS-
* 21.1 Appointment of Carolyn Peterson as Marriage Officer for
the City of Ithaca
By Alderperson Hoffman: Seconded by Alderperson Daley
WHEREAS, pursuant to Section 11 of the Domestic Relations Law,
the Mayor is authorized to solemnize marriages, and
WHEREAS, pursuant to Section 3.6 of the Ithaca City Charter the
Acting Mayor is only authorized to act as Mayor when the Mayor is
(Woo", unable to perform the duties of his office in consequence of
sickness or absence from the City or if there shall be a vacancy
in the office, and
WHEREAS, as a result of the Mayor's schedule, occasions arise
when the Mayor is requested to solemnize a marriage but is unable
to do so, and
WHEREAS, pursuant to Section 11 -c of the Domestic Relations Law,
Common Council is authorized to appoint one or more marriage
officers who shall have the authority to solemnize a marriage;
now, therefore, be it
RESOLVED, That Carolyn Peterson is hereby appointed Marriage
Officer for the City of Ithaca, effective immediately, for a term
d to expire on December 31, 1991, to serve in such capacity without
compensation.
Carried Unanimously
* 21.2 Compliance Fees
Alderperson Johnson read the following letter to the Council from
Neal Howard, President of the Tompkins County Rental Housing
Association, dated October 1, 1990:
"We are writing in regard to the change in fees for Certificates
of Occupancy obtained through the Building Department. We as a
group appreciate the fact that the ordinance has been changed to
a more reasonable rate structure. However this also raises
questions as to the status of previously paid fees.
Many members of our association have paid excessive fees for
Certificates during the past year. What will the City's policy
be for refunds of these fees? Please clarify your position for
US. Thank you."
Resolution
By Alderperson Booth: Seconded by Alderperson Cummings
RESOLVED, That the matter of refunds for Compliance Fees not be
considered by the Common Council, and the City Attorney is
instructed to reply to Mr. Howard in such fashion.
Discussion followed on the floor. Alderperson Johnson stated
that if the City had a policy that for some reason was deemed
inequitable or exorbitant, he does not think the Council should
say we are locked into that. He feels the Council should look
into some procedure for it to be an equitable process.
Alderperson Booth stated that he does not think the Council
decided these fees were inequitable. The Building Commissioner
and City Attorney recommended a better system and we adopted it.
City Attorney Guttman, for the record, stated that the Council
should make it very clear that there was careful discussion and
at no time did the City make any decision that the prior fees
were inequitable or exorbitant.
21
fir;
October 3, 1990
A vote on the motion resulted as follows:
Ayes (7) - Booth, Golder, Schroeder, Peterson, Blanchard,
Romanowski, Cummings
Nays (3) - Daley, Hoffman, Johnson
Carried
ADJOURNMENT:
On a motion the meeting adjourned at 10:50 p.m.
a o,/z C
Callista F. Paolange-Al
City Clerk
22
Benjamin Nichols
Mayor