HomeMy WebLinkAboutMN-CC-1990-12-05177
COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 7:00 p.m. December 5, 1990
PRESENT:
Mayor Nichols
Alderpersons (10) - Booth, Cummings, Johnson, Blanchard, Hoffman,
Daley, Schroeder, Peterson, Golder,
Romanowski
OTHERS PRESENT:
City Clerk - Paolangeli
City Attorney - Guttman
City Controller - Cafferillo
Deputy City Controller - Thayer
Planning and Development Director - Van Cort
Building Commissioner - Datz
Acting Superintendent of Public Works - Gray
(o Youth Bureau Director - Cohen
M Fire Chief - Olmstead
-� Personnel Administrator - Saul
m City Chamberlain - Parsons
City Prosecutor - Costello
Q Volunteer Coordinator (Fire) - Lynch
Municipal Training Officer (Fire) - Novak
Deputy Fire Chief - Dorman
Deputy Fire Chief - Wilbur
Police Chief - McEwen
Deputy City Clerk - Boyle
Board of Public Works Commissioner - Reeves
PLEDGE OF ALLEGIANCE:
(400,11 Mayor Nichols led all present in the Pledge of Allegiance to the
American flag.
MINUTES:
Approval of Minutes of the November 7, 1990 Common Council
Meeting
Alderperson Hoffman requested that on Page 14, for clarification
purposes, the Amendment to the Substitute Resolution, read as
follows: "RESOLVED, That the first sentence be changed to read:
RESOLVED, That the review committee consist of the Mayor, the
Chair and Vice - Chair, etc....."
Resolution
By Alderperson Golder: seconded by Alderperson Schroeder
RESOLVED, That the Minutes of the November 7, 1990 Common Council
meeting be approved with the clarification as noted by
Alderperson Hoffman.
Carried Unanimously
DELETIONS FROM THE AGENDA:
Human Services Committee
Alderperson Johnson deleted the reports under the Human Services
Committee on Youth Opportunities and Department Head Evaluations.
(4wel New Business
Alderperson Golder moved to delete Item 21.1, a letter to
President Bush in opposition to a military offensive against
Iraq. Instead he will pass the letter around to Council and the
Mayor for anyone's signature who wishes to sign.
COMMUNICATIONS:
Letter re Route 13 Widening
Alderperson Blanchard read a letter from Mrs. Shawn Douglas of
Spencer, N.Y., in support of the Route 13 widening. The letter
is on file in the City Clerk's office.
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December 5, 1990
Letter re Finger Lakes Association
Alderperson Romanowski read a letter from Ralph L. Jordan, County
Counselor to the Finger Lakes Association, in regards to their
request for funding. The letter in on file in the City Clerk's
office.
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
Vehicle Idling Ordinance
Lucy Bergstrom, 104 North Aurora Street, urged Council to pass
the ordinance that is on tonight's agenda regarding Vehicle
Idling.
Postering Ordinance
The following persons spoke to the Council in opposition to the
Posterinq Ordinance that is on tonight's agenda:
Eric Ott
Peter Panek
Francis Vanek
Nancy Lauten
David Galahand
Marnie Lee
Brian Gurgle
Paul Sayvetz
Ken Hallett
#6 Fire Station for Homeless Shelter
Paul Everts, Vice President of the Tompkins County Economic
Opportunity Corporation and Chairman of the sub - committee on the
homeless project, spoke to the Council in favor of the resolution
on tonight's agenda for the use of #6 Fire Station for a homeless
shelter.
Funding for Neighborhood Legal Services
The following persons spoke to Council requesting that the
funding for the Neighborhood Legal Services program be restored:
Myra Malkin -
Alicia Plotkin
Staff Attorney
Services
Staff Attorney
Services
for the Neighborhood Legal
for the Neighborhood Legal
Paul Bennett - Board of Directors of Neighborhood Legal
Services
Widening of Route 13
The following persons spoke to Council in favor of the proposed
widening of Route 13:
William Zikakis
Bill Manos
Mr. Guy Gerard spoke regarding the impact to the City if the
Route 13 widening takes place. He asked that the Council make
sure the voice of the City is heard before the State makes any
decision on this project.
Human Services Coalition
Linda Beins, Director of the Human Services Coalition, stated to
Council that the Coalition appreciates the support that Council
has shown the agency and she asked that Council support the
funding of agencies as requested.
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December 5, 1990
Funding for The Learning Web Program
The following persons spoke to Council regarding the funding for
The Learning Web program:
Jody White
Ann Peters
Michael Koplinka -Loehr
Drop -in Center /Day Care and Child Development Council
(4000, Aileen Wyatt, spoke to the Council regarding the funding for the
drop -in center request for space for licensable child care. She
urged Council to support the Drop -in Center.
RESPONSE TO THE PUBLIC:
Postering Ordinance
Alderperson Romanowski gave background information on the
Postering Ordinance and explained the reasons for having the
ordinance enacted.
co REPORT OF BOARD OF REPRESENTATIVES:
M First Ward Rep Eric Lerner reported on the following matters:
m 1991 County Budget - The County budget has been approved and
Q about $75,000 was added to their budget for human services,
multi - cultural services and new programs.
Televising of Board of Reps Meeting - The Board of Reps approved
televising their meetings at last night's meeting.
Central Processing Facility - There has been lengthy discussion
recently about how to divide up the public sector and private
sector aspects of the facility. Some aspects, particularly the
design and construction, are going to have to be contracted out
to the private sector. There are questions about the operation
of the facility itself and also the marketing aspect of
recyclables. Mr. Lerner said there is a lot of documentation on
that matter and he will get the information to the Council.
Property Value Protection Plan - In regard to the question of
the possibility of a property value protection plan for the
vicinity of the Central Processing Facility site, as Mr. Lerner
understands it, up to now the intent had been not to have any
such plan for the Commercial Avenue neighborhood. He believes
the question is on the agenda for the next meeting of the
Neighborhood Advisory Committee.
Finger Lakes Association
Alderperson Hoffman stated that his understanding is that the
County maintains the contract with this agency and that funding
is directed there from the Room Tax. He said that he hopes that
if the City decides that it is not going to include this item in
its budget, that the County will argue that Finger Lakes
Association should continue to recognize that the City of Ithaca
is a part of Tompkins County and not take the City out of their
book as some Council members have the impression they might do.
F
Mr. Lerner stated that gets into a fairly complex issue in County
Wwoll government, where there has been a running controversy for a
number of years about whether the County's tourism promotion
dollars should go regionally to the Finger Lakes Association or
more locally to the Tompkins County Chamber of Commerce and in
the vote earlier this year, the move is more and more towards the
Chamber of Commerce.
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December 5, 1990
REPORT OF CITY BOARDS, COMMISSIONS AND COMMITTEES:
Board of Public Works
Commissioner Reeves reported on the following items:
Parking Management Committee Report - the report is out in draft
form. It has been sent to the committee members for review and
is to be back to the Superintendent's office by December 10th and
final reports will then be distributed to the Mayor, Board of
Public Works and Council members at that time.
DPW Project List for 1991 - the list has been submitted to the
Board for review and on November 28th the Board passed a
resolution authorizing the Engineering staff to conduct surveys
and prepare preliminary plans for re- paving, rehabilitation,
restoration or reconstruction of certain streets. The list is
available in the Engineer's office if anyone would like a copy.
Alderperson Blanchard's Procedures Committee recommendations for
neighborhood participation in these projects will be the key
element in the completion of any of the projects that are on the
list.
Route 13 Project - was discussed at the Committee of the Whole
meeting today, as well as Item 17.2 on tonight's Council agenda.
The Board felt that the resolution being presented tonight was
inappropriate and premature at this time and requests the Council
table the resolution until after the public meeting next week and
until there is more public opinion on the proposed project.
Superintendent's Position Vacancy - the Board has begun
discussion on the Superintendent's position in addition to the
upper level staffing of the Department of Public Works. The
Board strongly recommends the Council remove the money from
Restricted Contingency for the purpose of hiring a Director of
Water and Sewer and that a search be commenced immediately.
Break Down of Storm and Sanitary Sewer Svstems
Alderperson Cummings reported on a problem in the 300 block of
South Cayuga Street. Raw sewage has been spilling out of the
sanitary system and has flooded a house in that block four times
in the past month. She stated that she has a real concern about
the whole system and she requested that the Board of Public
Works make this a priority and take a look at this problem.
Downtown Parking Fees -
Alderperson Cummings stated that there was discussion with the
Downtown Ithaca Inc. about a brochure to be handed out at the
parking booths regarding the parking system and parking rates in
the City. She remarked that she would be happy to work with the
Board on this.
Procedures for Dealing with City Emergencies
Alderperson Johnson requested that the Board of Public Works work
on a recommendation for a procedure to deal with emergencies such
as the one that occurred on East State Street.
Re- routing of Traffic re East State Street Emergency
Alderperson Booth urged the Board to not allow parking on
Mitchell Street, west of Cornell Street, for the duration of the
emergency on East State Street.
Alderperson Cummings left the meeting at 8:20 p.m.
CITY ATTORNEY'S REPORT:
Central Processing Facility Litigation
City Attorney Guttman reported that
Appellate Division to schedule a hearing
rd
we are waiting for the
on the matter.
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December 5, 1990
Wallace Lawsuit re East State Street Repairs
City Attorney Guttman reported that the City has had a lawsuit
brought against it by Brenda and David Wallace for damages re the
East State Street emergency repairs on the 900 - 1100 block of
that street. A court date has been set for December 7.
CHARTER AND ORDINANCE COMMITTEE:
*16.1 An Ordinance Amending Chapter 65 Entitled 'Public Safety',
Article II Entitled 'Public Conduct' Section 65.22 Entitled 'Bill
Posting of the City of Ithaca Municipal ,Code
Resolution to Refer Back to Committee
By Alderperson Schroeder: Seconded By Alderperson Daley
RESOLVED, That the Postering Ordinance be referred back to the
Charter and Ordinance Committee for further review and
consideration.
Discussion followed on the floor.
Alderperson Schroeder stated that he would be interested in
(D hearing the proposals of the people who spoke on this subject to
see what kind of accommodations might be worked out before the
-� legislation is enacted.
m A vote on the Resolution to Refer to Committee resulted as
Q follows:
Carried (9 -0)
(Alderperson Cummings out of room)
BUDGET AND ADMINISTRATION COMMITTEE:
Mayor Nichols read the following from the City of Ithaca
Administrative Code regarding budget procedures:
"After the conclusion of the public hearing, the Common Council
may strike items of appropriation or anticipated revenues from
the proposed City budget or reduce items therein excepting
appropriations required by law or for debt service. The Council
may add items to or increase items in such budget, provided that
such additions or increases are stated separately and distinctly.
If the budget as passed by the Common Council contains any such
additions, increases and /or decreases, the same shall be
presented by the City Clerk to the Mayor not later than the tenth
of December for his consideration of such additions, increases
and /or decreases. If the Mayor approves all the additions,
increases and /or decreases he shall affix his signature to a
statement thereof and return the budget and such statement to the
City Clerk.
The budget, including the additions, increases and /or decreases,
as part thereof, shall then be deemed adopted. The Mayor may
object to any one or more of such additions, increases and /or
decreases, and in such case shall append to the budget, a
statement of the increases, additions and /or decreases to which
he objects with the reasons for his objections, and shall return
the budget with his objections to the City Clerk who shall
present the same to the Common Council at a meeting to be held
not later than the twentieth day of December. The Common
Council shall there upon enter the objections and proceed to
consider the additions, increases and /or decreases so objected
to. If upon such consideration, two - thirds of the members of the
Common Council, exclusive of the Mayor, vote to approve such
additions, increases and /or decreases, or any of them, the budget
with the additions, increases and /or decreases so approved,
together with any additions, increases and /or decreases not so
objected to by the Mayor, shall be deemed adopted."
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December 5, 1990
Mayor Nichols stated that the budget that the Council will be
acting on tonight includes the expected reduction in State aid
proposed by the Governor, even though the Legislature has not yet
acted on that proposal. He said the City will not be caught
short if the additional 10% cut in State aid proposed by the
Governor is adopted by the Legislature.
Mayor Nichols made the following statement:
"The Council and Department Heads have worked hard to reduce
costs and to keep the property tax increase to the minimum
possible consistent with maintaining the necessary physical
infra - structure, providing for the health and safety of our
citizens and providing human services.
It makes no sense to postpone actions which only increase costs
later. Similarly, the investment in human services is not only
the responsibility of government, but it makes the City the kind
of place to live in that we want and will save money for
taxpayers in the long run.
The figures that are being debated at the moment that I will
discuss and others will be discussing center around a proposed
increase in the City Property Tax Rate of 6.42 %. If that rate
is adopted it would mean that for a property now assessed at
$100,000., in the new assessment, the City tax for next year
would be $730.00. The changes we are talking about involve
changes of tenths of a percent. If an item in the budget we
discuss tonight, involved $6,000.00 up or down, that would
represent a tenth of one percent change in the City Tax Rate,
which would be a change of $.73 in the tax for the year for a
property assessed at $100,000.
Mayor Nichols stated that he is proposing that certain deletions
made in the Mayor's budget by the Budget and Administration
Committee of the Whole be reinstated. He said that with the
invaluable help of City Controller Cafferillo, they went through
to see whether there were available increases they could make
that would balance those reinstatements so that at least if these
changes are made there would be no increase ih the City tax rate
as presented. Mayor Nichols proposed reinstating $48,673 to the
budget for the following items:
1. Reinstate Plan Review Officer - Building Department
A3620 -110 $27,013
2. Reinstate Increase from 4/5 time to full time;
Assistant City Attorney -
Attorney A1420 -105 $ 9,000
3. Reinstate Police Department Overtime
Police Department A3120 -125 $ 5,000
4. Reinstate Original Funding Request for
Youth Employment Coordinator
Human Service Agency Funding A1990 -435 $ 6,000
5. Reinstate Increase From 35 to 40 Hours for
Fire Department Account Clerk /Typist Position
Fire Department A3410 -105 $ 1,860
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Total $48,873
December 5, 1990
PROPOSED METHODS OF FUNDING
1. Upon detailed review of the estimated tax rate
presented as an estimate at the conclusion of the
November 28, 1990 Budget and Administration Committee
meeting, it has been determined that a $7.29 tax rate
which represents a 6.4% tax increase will generate
an additional $15,131
2. A tentative agreement with retiring Transit Supervisor
Bernie Carpenter, wherein Bernie would provide continued
supervision, grant administration and report preparation
services by contract, would permit a further adjustment to
the Department of Public Works budget. After allowance
for Bernie's contract salary and final pay -out
consideration, and the proposed amount of the not to exceed
hourly rate contract, $20,000 could then be deducted from
(� the A5630 -105 line, with that amount being subtracted from
co that line $20,000
M 3. A review of Capital Project status and the projection
of additional interest to be earned on Capital Project
m balances invested through December 31, 1990 would permit
Q the transfer from Capital Projects A2803 to be increased by
$13,742 for the payment of General Fund Debt Service
during 1991 $13,742
Total Adjustments $48,873
Mayor Nichols explained to Council his reasons for making these
adjustments to the budget and presented his views for reinstating
the Plan Review Officer in the Building Department.
* 14.1 Adoption of 1991 Budget
By Alderperson Booth: Seconded by Alderperson Hoffman
WHEREAS, this Common Council has reviewed the Executive Budget as
proposed by Mayor Ben Nichols, and the Budget and Administration
Committee recommendations, and
WHEREAS, it is the consensus of this Common Council that the
total appropriations and estimated revenues are adequate for the
operation of the City for 1991; now, therefore, be it
RESOLVED, That the City of Ithaca Budget for 1991, in the total
amount of $29,795,659 be approved, and be it further
RESOLVED, That the following sections of the 1991 Budget be
approved:
(A)
(B)
(C)
(D)
(E)
(F)
(G)
(H)
(I)
(J)
(K)
(L)
(M)
(N)
(0)
(P)
(Q)
General Fund Appropriations
Water Fund Appropriations
Sewer Fund Appropriations
Joint Activity Fund Appropriations
General Fund Revenues
Water Fund Revenues
Sewer Fund Revenues
Joint Activity Fund Revenues
Debt Retirement Schedule
Capital Projects
Schedule of Salaries and Positions -
Schedule of Salaries and Positions -
Schedule of Salaries and Positions
General Fund
Water & Sewer Fund
- Joint Activity
Fund
Authorized
Equipment
- General Fund
Authorized
Equipment
- Water Fund
Authorized
Equipment
- Sewer Fund
Authorized
Equipment
- Joint Activity Fund
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December 5, 1990
Alderperson Booth offered the following Substitute Resolution for
Item 14.1 as the language in this Resolution makes clearer what
it is the Council is adopting tonight:
WHEREAS, this Common Council has reviewed the Executive Budget as
proposed by Mayor Ben Nichols, and the Budget and Administration
Committee's recommendations for amending that proposed Executive
Budget, and
WHEREAS, this Common Council is now considering adoption of the
Amendment Executive Budget for 1991 as approved by the Budget and
Administration Committee, and
WHEREAS, it is the consensus of this Common Council that the
total appropriations and estimated revenues, as set forth in said
Amended Executive Budget for 1991 and as those amounts may be
altered by action of this Common Council at its December 5, 1990
meeting, are adequate for the operation of the City during 1991;
now, therefore, be it
RESOLVED, That this Common Council accepts and approves said
Amended Executive Budget for 1991, together with any additional
changes made in said budget at Council's December 5, 1990 meeting
as the City of Ithaca Budget for 1991 in the total amount of
$29,795,659., and be it further
RESOLVED, That the following sections of the said City of Ithaca
Budget for 1991 be approved:
(A)
(B)
(C)
(D)
(E)
(F)
(G)
(H)
(I)
(J)
(K)
(L)
(M)
(N)
(0)
(P)
(Q)
General Fund Appropriations
Water Fund Appropriations
Sewer Fund Appropriations
Joint Activity Fund Appropriations
General Fund Revenues
Water Fund Revenues
Sewer Fund Revenues
Joint Activity Fund Revenues
Debt Retirement Schedule
Capital Projects
Schedule of Salaries and Positions -
Schedule of Salaries and Positions -
Schedule of Salaries and Positions
Fund
Authorized Equipment - General Fund
Authorized Equipment - Water Fund
Authorized Equipment - Sewer Fund
Authorized Equipment - Joint Activity
General Fund
Water & Sewer Fund
- Joint Activity
Fund
Alderperson Booth thanked the Mayor, the Department Heads and the
City Controller's Office for all their effort and work that has
gone into compiling the City's budget for 1991. He also thanked
the public for their input at the budget meetings.
Alderperson Cummings arrived back at the meeting at 9:00 p.m.
Mayor's Budget Adjustments
By Alderperson Booth: Seconded by
RESOLVED, That the Mayor's various
a further amendment to the Budget
Discussion followed on the floor.
Alderperson Schroeder
budget adjustments be added as
that is before Council.
Amending Resolution
By Alderperson Daley: Seconded by Alderperson Blanchard
RESOLVED, That the items proposed for Reinstatement and the
Proposed Methods of Funding in the Mayor's various budget
adjustments be voted on separately.
E
Carried Unanimously
I rn
December 5, 1990
After discussion, it was the consensus of the Council that each
item of the Mayor's Items for Reinstatement shall be voted on
separately.
Acceptance of Mayor's Proposed Methods of Funding
By Alderperson Schroeder: Seconded by Alderperson Booth
RESOLVED, That the Mayor's Proposed Methods of Funding be
accepted by the Common Council.
Carried Unanimously
Amending Resolution
By Alderperson Daley: Seconded by Alderperson Schroeder
RESOLVED, That this Council reinstates the position of Plan
Review Officer, Line A3620 -110, in the amount of $27,013 in the
1991 City budget.
Ayes (4) -'Peterson, Schroeder, Daley, Golder
�. Nays (6) - Hoffman, Johnson, Romanowski, Blanchard, Booth,
co Cummings
Motion Fails
M
D Amending Resolution
m By Alderperson Booth: Seconded by Alderperson Johnson
'Q RESOLVED, That $9,000., Line A1420 -105, be reinstated in the City
budget for the increase in hours from 4/5 time to full time for
the position of Assistant City Attorney.
Ayes (8) - Booth, Johnson, Romanowski, Golder, Schroeder,
Hoffman, Peterson, Daley
Nays (2) - Blanchard, Cummings
Carried
Amending Resolution
By Alderperson Booth: By Alderperson Johnson
RESOLVED, That $5,000. be reinstated in the City budget for
Police Department overtime, Line A3120 -125.
Ayes (8) - Booth, Johnson, Peterson, Blanchard, Daley,
Golder, Hoffman, Romanowski
Nays (2) - Schroeder, Cummings
Carried
Amending Resolution
By Alderperson Booth: Seconded by Alderperson Schroeder
RESOLVED, That $6,000. be reinstated in the City budget for the
original funding request for Youth Employment Coordinator, Line
A1990, Restricted Contingency.
Ayes (6) - Booth, Schroeder, Daley, Golder, Hoffman,
Johnson
Nays (4) - Cummings, Romanowski, Blanchard, Peterson
Alderperson Booth noted for the record that this is not a City
employee position.
Carried
Amending Resolution
By Alderperson Booth: Seconded by Alderperson Johnson
RESOLVED, That this Council reinstates $1,860 in the City budget
for the increase from 35 to 40 hours for Fire Department Account
Clerk /Typist position, Line 3410 -105.
Ayes (6) - Booth, Johnson, Hoffman, Peterson, Golder,
Romanowski
Nays (4) - Schroeder, Cummings, Daley, Blanchard
Carried
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December 5, 1990
Amending Resolution
By Alderperson Johnson: Seconded by Alderperson Golder
RESOLVED, That $2,771. be reinstated in the budget for the
Neighborhood Legal Services, Line A1011 -435.
Alderperson Booth moved to amend the motion as follows:
Amendment to Amending Resolution
RESOLVED, "That the $2,771 be reinstated for the Neighborhood
Legal Services by reducing the Cornell Cooperative Extension
amount in the proposed budget from $5,000. to $3,000; by reducing
the Human Services Coalition from $9,900. to $9,400; and by
reducing the amount for the Community Arts Coalition from $10,000
to $9,829."
There was no second to Alderperson Booth's motion to amend
Alderperson Johnson's amending resolution.
A vote on the Amending Resolution resulted as follows:
Ayes (6) - Cummings, Johnson, Golder, Schroeder,
Hoffman, Peterson
Nays (4) - Daley, Romanowski, Blanchard, Booth
Carried
Amending Resolution
By Alderperson Cummings: Seconded by Alderperson Johnson
RESOLVED, That $9,000. be reinstated for the Learning Web -
"Homeless Youth Project ", Line A1990 - Restricted Contingency,
contingent upon securing a two -to -one match.
Discussion followed on the floor.
A vote on the amending resolution resulted as follows:
Ayes (7) - Blanchard, Daley, Johnson, Cummings, Golder,
Schroeder, Peterson
Nays (3) - Booth, Romanowski, Hoffman
Carried
Amending Resolution
By Alderperson Romanowski: Seconded by Alderperson Booth
RESOLVED, That $1,207. be added to the budget for the Finger
Lakes Association, Line A1012 -435.
Ayes (4) - Romanowski, Johnson, Booth, Schroeder
Nays (5) - Cummings, Daley, Golder, Hoffman, Peterson
Abstention (1) - Blanchard (conflict of interest)
Motion Fails
Amending Resolution
By Alderperson Golder: Seconded by Alderperson Schroeder
RESOLVED, That $23,000. for a Dump Truck for Cass Park, Line
A7182 -215, be deleted from the budget.
Discussion followed on the floor with Acting Superintendent Gray
answering questions from Council members.
Ayes (6) - Golder, Schroeder, Cummings, Johnson, Hoffman,
Peterson
Nays (4) - Booth, Daley, Romanowski, Blanchard
Carried
Amending Resolution
By Alderperson Daley: Seconded by Alderperson Blanchard
RESOLVED, That $5,000. be added to Cass Park Equipment
Maintenance, Line A7182 -476.
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December 5, 1990
Amendment to Amending Resolution
By Alderperson Schroeder: Seconded by Alderperson Hoffman
RESOLVED, That $3,000. be added to Cass Park Equipment
Maintenance, Line A7182 -476.
Ayes (5) - Booth, Golder, Schroeder, Hoffman, Peterson
Nays (5) - Johnson, Daley, Cummings, Romanowski, Blanchard
Mayor Nichols voted Nay, breaking the tie.
Motion Fails
A vote on the Amending Resolution to add $5,000. resulted as
follows:
Ayes (6) - Blanchard, Romanowski, Daley, Golder, Hoffman,
Peterson
Nays (4) - Schroeder, Booth, Cummings, Johnson
Carried
Amending Resolution
By Alderperson Booth: Seconded by Alderperson Peterson
RESOLVED, That $2,000. be deleted from the Cornell Cooperative
Extension, Line A1012 -435.
Ayes (3) - Booth, Hoffman, Peterson
Nays (7) - Blanchard, Romanowski, Cummings; Daley, Golder,
Schroeder, Johnson
Motion Fails
Amending Resolution
By Alderperson Booth: Seconded by Alderperson Blanchard
RESOLVED, That the new position, Youth Recreation Worker at
GIAC, Line A7311 -110, be deleted from the budget.
Ayes (3) - Blanchard, Booth, Romanowski
Nays (7) - Hoffman, Johnson, Daley, Golder,
Schroeder, Peterson
Motion Fails
Cummings,
Recess
Common Council recessed at 10:00 p.m. and reconvened in regular
session at 10:20 p.m.
Mayor Nichols reiterated what he had read to Council earlier from
the City of Ithaca Administrative Code.
Mayor Nichols stated that he plans to veto the deletion from his
budget of the Plan Review Officer since the Council did not
reinstate that item into the budget. He asked Council if there
were any objection to having a vote now instead of at a later
meeting on or before December 20th.
There was no objection by Council members.
Mayor's Veto
Mayor Nichols informed the Council that he is vetoing the change
in the Executive Budget which deletes the Plan Review Officer at
a sum of $27,013. He stated that he believes, in the interest
of the City and the running of the City, this position is needed
and that the position, if instituted, together with other changes
that he has already talked about, will mean that the City's
economic position will be increased as a result of better and
quicker action in terms of granting Building Permits, etc. He
asked City Controller Cafferillo to explain what the results
would be if Council overrides the veto.
City Controller Cafferillo explained the adjustment that would be
made to the appropriated fund balance.
11
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December 5, 1990
Motion to Override the Mayor's Veto
By Alderperson Romanowski: Seconded by Alderperson Blanchard
RESOLVED, That this Common Council overrides the Mayor's veto in
regard to the position of Plan Review Officer.
Discussion followed on the floor.
A vote on the Motion to Override the Mayor's Veto resulted as
follows:
Ayes (6) - Booth, Blanchard, Romanowski, Cummings, Daley,
Johnson
Nays (4) - Peterson, Hoffman, Schroeder, Golder
Motion Fails
(7 votes needed)
City Controller Cafferillo stated that the new total
appropriation amount, including all the funds, will be
$29,818,303. The new amount to be raised by taxes will be
$6,526,967., the new total amended revenue amount will be
$16,104,760. and the appropriated fund balance will be
$1,000,647. in the General Fund. City Controller Cafferillo
stated that the tax rate will be $7.29 per $1,000.
The Main Motion as Amended shall read as follows:
WHEREAS, this Common Council has reviewed the Executive Budget as
proposed by Mayor Ben Nichols, and the Budget and Administration
Committee's recommendations for amending that proposed Executive
Budget, and
WHEREAS, this Common Council is now considering adoption of
Amended Executive Budget for 1991 as apprpoved by the Budget and
Administration Committee, and
WHEREAS, it is the consensus of this Common
total approrpiations and estimated revenues, as
Amended Executive Budget for 1991 and as tho
altered by action of this Common Council its
meeting, are adequate for the operation of the
now therefore, be it
Council that the
set forth in said
se amounts may be
December 5, 1990
City during 1991;
RESOLVED, That this Common Council accepts and approves said
Amended Executive Budget for 1991, together with any additional
chamges made in said budget at Council's December 5, 1990 meeting
as the City of Ithaca Budget for 1991, in the total amount of
$29,818,303, and be it further
RESOLVED, That the following sections of the 1991 Budget be
approved:
(A)
General Fund Appropriations
(B)
Water Fund Appropriations
(C)
Sewer Fund Appropriations
(D)
Joint Activity Fund Appropriations
(E)
General Fund Revenues
(F)
Water Fund Revenues
(G)
Sewer Fund Revenues
(H)
Joint Activity Fund Revenues
(I)
Debt Retirement Schedule
(J)
Capital Projects
(K)
Schedule of Salaries and Positions - General
Fund
(L)
Schedule of Salaries and Positions - Water &
Sewer Fund
(M)
Schedule of Salaries and Positions - Joint
Activity Fund
(N)
Authorized Equipment - General Fund
12
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December 5, 1990
(0) Authorized Equipment - Water Fund
(p) Authorized Equipment - Sewer Fund
(Q) Authorized Equipment - Joint Activity Fund
Main Motion As Amended
A vote on the amended resolution resulted as follows:
Ayes (9) - Booth, Blanchard, Daley, Golder, Johnson,
Peterson, Cummings, Hoffman, Schroeder,
Nay (1) - Romanowski
Carried (9 -0)
* 14.2 Adoption of 1991 Tax Rate
By Alderperson Booth: Seconded by Alderperson Hoffman
WHEREAS, the 1991 City of Ithaca Budget was approved, adopted and
confirmed in the total amount of $29,818,303 on December 5, 1990,
in accordance with a detailed Budget on file in the Office of the
City Controller, and
co WHEREAS, available and estimated revenues total $23,291,336,
leaving $6,526,967 as the amount to be raised by taxation, and
WHEREAS, the Assessment Roll for 1991, certified and filed by the
Assessment Department of Tompkins County, has been footed and
Q approved and shows the total net taxable valuation as
$895,331,659, and
WHEREAS, under Charter provisions, the tax limit for City
purposes amounts to $12,115,702 for 1991; now, therefore, be it
RESOLVED, That the tax rate for general purposes, for the fiscal
year 1991, be, and the same hereby is, established and fixed at
7.29 per $1,000 of taxable valuation as shown, certified and
(400.11 extended against the respective properties on the 1991 Tax Roll,
thereby making a total tax levy, as near as may be, of
$6,526,967, and be it further
RESOLVED, That the amount of said tax levy be spread, and the
same hereby is levied upon and against the respective properties
shown on said City Tax Roll, in accordance with their respective
net taxable valuation, at the rate of $7.29 per $1,000 of such
taxable valuation, and be it further
RESOLVED, That the City Chamberlain be, and hereby is, directed
to extend and apportion the City Tax as above, and that upon the
completion of the extension of said Roll, the City Clerk shall
prepare a warrant on the City Chamberlain for the collection of
said levy; and the Mayor and the City Clerk hereby are authorized
and directed to sign and affix the corporate seal to such warrant
and forthwith to file the same with said Tax Roll with the City
Chamberlain, and be it further
RESOLVED, That upon the execution and filing of said warrant and
Tax Roll with the City Chamberlain, the amounts of the City Tax
set opposite each and every property shall hereby become liens,
due, payable and collectible in accordance with provisions of the
City Charter and other laws applicable thereto, and be it further
RESOLVED, That the total sum of $29,818,303 be appropriated in
accordance with the Budget adopted, to the respective Boards,
Offices and Departments of the City, for the purposes
respectively set forth therein. The 1991 Assessment Roll has
been completed and approved by the Assessment Department of
Tompkins County and resulted in the following valuation:
Valuation
of
Land
$ 528,349,180
Valuation
of
Buildings
1,568,381,297
13
December 5, 1990
Total Value of Real Property 2,096,730,477
Less: Value of Exempt Property 1,221,481,287 (57.70 %)
875,249,190
Plus: Value of Special Franchises 20,082,469
Net Value of Taxable Property $ 895, 331,659
A vote on the Tax Rate for 1991 resulted as follows:
Ayes (9) - Booth, Johnson, Golder, Hoffman, Cummings,
Peterson, Blanchard, Schroeder, Daley
Nay (1) - Romanowski
Carried
City Controller Cafferillo thanked the Mayor, Common Council,
Department Heads and City employees for their understanding and
open mindedness in recognizing the serious financial position
that the City currently finds itself in. He stated that many of
the problems are passed down and imposed on us but he believes
that the City is making many positive steps to prevent the City
from falling into the same position that the State of New York
and many other municipalities within the State are currently
experiencing.
Mayor Nichols, on behalf of Council, thanked City Controller
Cafferillo for all his work and effort on the budget.
* 14.3 Planning Department - Request to Authorize Contract for
GIAC Renovations Conceptual Alternatives
By Alderperson Booth: Seconded by Alderperson Peterson
WHEREAS, the Sear Brown Group has been selected to perform
engineering and architectural services in connection with
proposed renovations at the GIAC facility; now, therefore, be it
RESOLVED, That the Mayor be authorized to execute an agreement
with the Sear Brown Group to prepare a conceptual design based on
various cost estimates and phased work plans for such proposed
renovation project.
Carried Unanimously
* 14.4 Youth Bureau - Request to Apply for New York State
Division of Youth Grant for Southside Communitv Center
Rehabilitation
By Alderperson Booth: Seconded by Alderperson Johnson
WHEREAS, the New York State Division for Youth has made available
to not - for - profit corporations and municipalities, funds for
projects relating to the rehabilitation, construction and /or
acquisition of Youth Centers directed toward providing community -
based prevention services to at -risk youth, and
WHEREAS, the rehabilitation of the Southside Community Center
building can provide an effective opportunity to support and
expand the organization's programs, particularly those targeted
toward youths who are most at risk, and
WHEREAS, the City owns and maintains the building occupied by the
Southside Community Center, and
WHEREAS, funds are made available on a competitive basis and no
City match is required; now, therefore, be it
RESOLVED, That the Youth Bureau be authorized to apply for funds
to rehabilitate the Southside Community Center.
Carried Unanimously
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* 14.5 Youth Bureau - Request Approval to Continue Ithaca Youth
Bureau Contractual Agreement
By Alderperson Booth: Seconded by Alderperson Golder
WHEREAS, the City of Ithaca is about to submit an application for
continuation of the Youth Bureau project to the New York State
Division for Youth for its approval, and if approved, to apply
subsequently to the State of New York for partial reimbursement
of funds expended on said project as provided by Chapter 556 of
the Laws of 1945, as amended, and
WHEREAS, this Resolution is to include Youth Bureau direct
application, and Tompkins County application for Youth
Initiatives including the continuation of agreements with
Tompkins County Mental Health Services and New York State through
Broome Developmental Services for Recreation Mainstreaming
Services, and
WHEREAS, if agreements are reached, this Resolution will also
include the Town of Ithaca and Village of Lansing, and Tompkins
co County Youth Services, inclusive of the Municipal Youth Services
Plan; now, therefore, be it
RESOLVED, That such application is in all respects approved and
m Benjamin Nichols, Mayor, is hereby directed and authorized to
Q duly execute and present said application to the New York State
Division for Youth for its approval, and be it further
RESOLVED, That this resolution shall take effect January 1, 1991.
Carried Unanimously
* 14.6 DPW Establishment of Capital Project #240 East State
Street Culvert Reconstruction
By Alderperson Booth: Seconded by Alderperson Blanchard
WHEREAS, a severe storm recently caused a large culvert to fail
at 1100 East State Street, thereby creating a public emergency
which seriously threatens the life, health and safety of city
residents and public and private property at said location, and
WHEREAS, the Board of Public Works at its meeting of November 14,
1990 declared a public emergency in accordance with Section 103
of the General Municipal Law, thereby negating the statutory
requirement to bid said project; now, therefore, be it
RESOLVED, That Common Council reaffirms the declaration of the
public emergency created by said storm damage, and be it further
RESOLVED, That a Capital Project #240 be established at an
estimated cost not to exceed $300,000 to reconstruct said
culvert, and to complete the required restoration of the affected
area, and be it further
RESOLVED, That this Capital Project shall be financed from
existing New.York State Consolidated Highway Improvement funds in
the amount of $150,000. and by issuance of Bond Anticipation
Notes in the amount of $150,000. The issuance of Bond
Anticipation Notes would be authorized under an existing Street
Improvement Bond Resolution adopted March 7, 1990.
Alderperson Hoffman stated that he would like to know what the
scope of the project is as approved by the Board of Public
Works.
City Attorney Guttman responded that due to the litigation
pending in regards to this project, any discussion on this matter
should be done in executive session.
15
19
December 5, 1990
Alderperson Booth suggested that an executive session on this
matter be held at the end of the meeting.
There were no objections from Council members, therefore, the
matter was deferred until after the executive session at the end
of the meeting.
* 14.7 DPW - Establishment of 1991 Trash Tag Program
By Alderperson Booth: Seconded by Alderperson Blanchard
WHEREAS, the City established a trash tag program in 1990 based
on a County landfill tipping fee of $40.00 per ton, which
resulted in 35 pound trash tags being sold at $10.00 per sheet
of 12 stickers and 17 1/2 pound trash tags being sold at $5.00
per sheet of 12 stickers, and
WHEREAS, the County has established a 1991 landfill tipping fee
at $62.00 per ton, and
WHEREAS, the Mayor's Budget recommends that the entire cost of
operating the City's refuse collection and disposal program be
funded through the sale of trash tags; now, therefore, be it
RESOLVED, That the 17 1/2 pound trash tags be replaced with a 20
pound trash tag to more adequately accommodate smaller
households, and be it further
RESOLVED, That the cost of the 1991 trash tags be established at
$13.00 per sheet of twelve - 35 pound trash tags and $7.00 per
sheet of twelve - 20 pound trash tags, thus, reflecting the
County's increase in landfill tipping fees from $40.00 to $62.00
per ton, the City's costs of refuse collection, and the City's
cost of program administration, and be it further
RESOLVED, That 1991 trash tags shall be sold beginning on
December 20, 1990, and that 1990 trash tags shall be sold only
until December 20, 1990 after which time 1990 trash tags may be
exchanged for credit against the acquisition of 1991 trash tags,
and be it further
RESOLVED, That bags and cans with 1990 trash tags will be
accepted up to, but no later than January 6, 1991.
Discussion followed on the floor with Alderperson Booth
explaining and giving background information on the resolution.
A vote on the resolution resulted as follows:
Carried Unanimously
* 14.8 Fire Department - Request to Purchase Equipment from
State Aid for Code Enforcement Funds
By Alderperson Booth: Seconded by Alderperson Schroeder
RESOLVED, That the authorized equipment list of the Fire
Department be amended to include one IBM Laser Printer at a cost
not to exceed $2,442., and be it further
RESOLVED, That this acquisition of equipment and the balance
required to complete modifications to existing data
communications equipment be funded by transferring $2,765.49 from
1990 New York State Building and Fire Code Aid currently held in
Account A690 -6.
Carried Unanimously
* 14.9 City Attorney - Request to Approve Contract for New York
State Alternative Energy Development Grant
By Alderperson Booth: Seconded by Alderperson Johnson
WHEREAS, the City of Ithaca has submitted to the New York State
Energy Research and Development Authority a proposal for the New
York State Energy and Research Development Authority to
contribute 50 percent funding toward a $50,000. study of an
16
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December 5, 1990
alternative energy development program with the City's 50 percent
contribution ($25,000.) to come from in -kind services, and
WHEREAS, the New York State Energy Research and Development
Authority has selected the City to receive funding; now,
therefore, be it
RESOLVED,
necessary
carry out
Discussio]
questions
A vote on
That the Mayor is hereby authorized to execute all
and appropriate documents to obtain such funding to
such project.
Z followed on the floor with Mayor Nichols answering
regarding the project.
the resolution resulted as follows:
Carried Unanimously
* 14 10 Finance Department - Request to Allow Tompxi.ns c;ounzy
Social Services to Purchase Trash Tags
co By Alderperson Booth: Seconded by Alderperson Johnson
WHEREAS, the Tompkins County Department of Social Services has
established a program to subsidize the sale of trash tags to low
D income residents; now, therefore, be it
m RESOLVED, That the City Chamberlain is authorized to sell 100
sheets of City trash tags (35 pound tags) to the Tompkins County
Department of Social Services for the base tipping fee cost of
$8.40 per sheet; until December 31, 1990, and be it further
RESOLVED, That Common Council reaffirms its procedure that if the
Tompkins County Department of Social Services has trash tags
remaining at December 31, 1990 that those tags must be returned
to the City Chamberlain's Office, and be it further
RESOLVED, That Common Council reserves determination of future
City participation in this program, subject to an evaluation of
criteria established by the County for the distribution of such
tags by Social Services.
Ayes (9) - Booth, Johnson, Romanowski, Golder, Hoffman,
Peterson, Cummings, Blanchard, Schroeder
Nay (1) - Daley
Carried
* 14.11 Finance Department - Request the Addition of Delinquent
Taxes to 1991 City Tax
By Alderperson Booth: Seconded by Alderperson Hoffman
WHEREAS, the notice of tax sale, as required by City Charter, was
not published for 805 East Seneca Street, and
WHEREAS, the lien of this property was not sold at the 1990 City
Tax sale since proper notice had not been given, and
WHEREAS, taxes on this property remain unpaid, and
WHEREAS, Section 4.11 of the City Charter allows addition of
these taxes to the next tax levy; now, therefore, be it
(40001, RESOLVED, That Common Council hereby authorizes the addition of
these 1990 taxes and any appropriate penalties to the 1991 City
Tax levy.
Carried Unanimously
17
December 5, 1990
* 14.12 Finance Department - Approval of Civil Service Agreement
By Alderperson Booth: Seconded by Alderperson Golder
RESOLVED, That the Mayor and City Clerk be authorized and
directed to execute an agreement between the City of Ithaca and
the Ithaca City School District for performance by the City for
services in connection with Civil Service matters, for the period
July 1, 1990 to June 30, 1991, in an amount of $17,315.40,
payable to the City of Ithaca on or before November 11 1990.
Carried Unanimously
* 14.13 Bond Resolution - Green Street Ramp Reconstruction
By Alderperson Booth: Seconded by Alderperson Schroeder
A RESOLUTION AUTHORIZING THE ISSUANCE OF $1,187,500 SERIAL
BOND OF THE CITY OF ITHACA, TOMPKINS COUNTY, NEW YORK, AND
THE EXPENDITURE OF $62,500 MONIES FROM THE PARKING RESERVE
FUND OF SAID CITY, TO PAY THE COST OF THE RECONSTRUCTION OF
THE GREEN STREET PARKING GARAGE OF AND FOR SAID CITY.
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 part of
the cost of the reconstruction of the Green Street Parking
Garage, in and for the City of Ithaca, Tompkins County, New York,
there are hereby authorized to be issued $1,187,500 serial bonds
of said City pursuant to the provisions of the Local Finance Law.
Section 2. It is hereby determined that the maximum estimated
cost of the aforesaid reconstruction is $1,250,000., and that the
plan for the financing thereof is as follows:
a. By the issuance of the $1,187,500. 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; and
b. By the expenditure of $62,500 monies from the Parking
Reserve Fund of said City, which monies are hereby appropriated
therefor, and which monies shall constitute the down payment
required pursuant to Section 107.00 of the Local Finance Law.
Section 3. It is hereby determined that the period of probable
usefulness of the aforesaid specific object or purpose is twenty
years, pursuant to subdivision 12(a)(1) of paragraph a of Section
11.00 of the Local Finance Law.
Section 4. 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 bonds 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 bonds becoming due and payable in such year.
There shall annually be levied on all the taxable real property
in said City a tax sufficient to pay the principal of and
interest on such bonds as the same become due and payable.
18
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December 5, 1990
Section 5. 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 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
2) The provisions of law which should be complied with at
the date of publication of this resolution are not substantially
co complied with, and an action, suit, or proceeding contesting
such validity is commenced within twenty days after the date of
such publication, or
(^D 3) Such obligations are authorized in violation of the
Q provisions of the Constitution.
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.
A roll call vote on the foregoing resolution resulted as follows:
Cummings - Aye Peterson - Aye
Johnson - Aye Booth - Aye
Blanchard - Aye Daley - Aye
Schroeder - Aye Romanowski - Aye
Hoffman - A
Golder - Aye e
carried unanimously
* 14.14 DPW - Request for Salary Increase
By Alderperson Booth: Seconded by Alderperson Blanchard
RESOLVED, That William Gray be and hereby is appointed to serve
as Acting Superintendent of Public Works, with a temporary ten
(10 %) percent increase in base salary, retroactive to October 18,
1990.
Carried Unanimously
* 14.15 Finance Department - Request to Hire Above Minimum
Salary
By Alderperson Booth: Seconded by Alderperson Cummings
RESOLVED, That Barbara Mateson be appointed to the position of
Account Clerk /Typist in the Finance Department at an annual
salary of $12,923., that being Step 4 on the 1990 CSEA
Administrative Unit Compensation Plan, effective December 17,
1990.
Ayes (9) - Booth, Cummings, Johnson, Daley, Hoffman,
Romanowski, Peterson, Blanchard, Schroeder
Nay (1) - Golder
Carried
* 14.16 Audit
By Alderperson Booth: Seconded by Alderperson Johnson
RESOLVED, That the bills presented, as listed on Audit Abstract
#21/1990 in the total amount of $43,969.76., be approved for
payment.
Carried Unanimously
19
19 (►
December 5, 1990
* 14.17 Planning Department - Appointment of Deputy Director of
Planning and Development
By Alderperson Booth: Seconded by Alderperson Schroeder
RESOLVED, That Herman Sieverding be appointed to the position of
Deputy Director of Planning and Development at an annual salary
of $42,800 for 1990, effective December 31, 1990.
Discussion followed on the floor.
A vote on the resolution resulted as follows: ".40)
Carried Unanimously
* 14.18 City Attorney - Purchase of Property
By Alderperson Booth: Seconded by Alderperson Johnson
RESOLVED, That the City purchase for the cost of $163,500 plus
closing costs the property known as the B T Glass property
situate at 201 -205 East Tompkins Street, City of Ithaca on the
terms of the purchase offer dated November 20, 1990 and the
attached addendum with the following modifications:
1. The addendum would be modified to allow seller to remain in
possession until February 28, 1991 instead of March 1, 1991.
2. That this contract would be conditioned and contingent upon
the satisfactory environmental assessment of the site to be
completed by the City, at the City's expense, on or before
December 31, 1990, and be it further
RESOLVED, That the City Controller is hereby authorized to
advance available General Fund monies to temporarily pay the cost
of said acquisition, pending the issuance of bond anticipation .
notes to be authorized for such purpose, and be it further
RESOLVED, That the Mayor and the City Attorney are hereby
authorized to take all appropriate steps to effectuate the
purchase of such property.
Alderperson Booth explained the resolution and Mayor Nichols
explained the reasons the City is interested in buying this
property.
Amending Resolution
By Alderperson Booth: Seconded by Alderperson Romanowski
RESOLVED, That there be a further Resolved clause added to read
as follows:
"RESOLVED, That the Mayor is hereby directed to begin taking
those steps necessary to effect the use of this property for
child day care purposes, such steps to be subject to approval by
this Common Council."
Discussion followed with City Attorney Guttman answering
questions from Council members.
A vote on the Amending Resolution resulted as follows:
Carried Unanimously
Main Motion as Amended
A vote on the Main Motion as Amended resulted as follows:
Carried Unanimously
CHARTER AND ORDINANCE COMMITTEE:
* 16.2 An Ordinance Amending Chanter 60 Entitled 'Traffic and
Vehicles' by Addinct Section 60.66 Entitled 'Vehicle Idlina' of
the City of Ithaca Municipal Code
By Alderperson Peterson: Seconded by Alderperson Schroeder
WHEREAS, it is in the interests of the City of Ithaca to protect
its air quality; and
20
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December 5, 1990
WHEREAS, it is also in the interests of the City of Ithaca to
avoid over consumption of fossil fuels;
NOW, THEREFORE, the following ordinance is hereby adopted:
ORDINANCE NO. 90-
AN ORDINANCE AMENDING CHAPTER 60 ENTITLED "TRAFFIC AND VEHICLES"
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 60 entitled "Traffic and Vehicles" of
the City of Ithaca Municipal Code is hereby amended as follows:
1. A new section to be known and designated as Section
(�- 60.66 under Article 6 entitled Vehicle Idling is hereby added to
co said chapter to read as follows:
M "Section 60.66 Vehicle Idling
(� A. Applicability.
Q This section shall apply to all motor vehicles defined in
Article 1 of the Vehicle and Traffic Law of the State of New
York.
B. No person who owns, operates or leases a motor vehicle
or who owns, leases or occupies land and has the actual or
apparent dominion or control over the operation of a motor
vehicle on such land shall allow or permit the engine of such
motor vehicle to idle for more than five consecutive minutes when
the motor vehicle is not in motion, except as otherwise permitted
by subdivision C of this Section.
Any person who violates the provisions of this section shall
be guilty of a violation and upon conviction thereof shall be
punishable by a fine not to exceed two hundred and fifty dollars
($250.00) or imprisonment of not more than fifteen (15) days, or
both such fine and imprisonment.
21
C. Exceptions.
The prohibitions of subdivision B of this section shall not
apply
when:
1.
The motor vehicle is forced to remain motionless because of
traffic conditions over which the operator thereof has no
control.
2.
Regulations adopted by federal, state or local agencies
having jurisdiction require the maintenance of a specific
temperature for passenger comfort. The idling time
specified in subdivision B of this section may be
increased, but only to the extent necessary to comply with
such regulations.
3.
The engine is being used to provide power for an auxiliary
purpose such as loading, discharging, mixing or processing
cargo; controlling cargo temperature; construction; farming;
or operation of the engine is required for the purpose of
maintenance.
4.
Fire, police and public utility trucks or other vehicles are
actually performing emergency services.
D.
Penalties for violation.
Any person who violates the provisions of this section shall
be guilty of a violation and upon conviction thereof shall be
punishable by a fine not to exceed two hundred and fifty dollars
($250.00) or imprisonment of not more than fifteen (15) days, or
both such fine and imprisonment.
21
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December 5, 1990
Section 2. This ordinance shall take effect immediately in
accordance with law upon publication of a notice as provided in
Section 3.11(B) of the Ithaca City Charter. (Effective December
21, 1990)
Discussion followed on the floor.
A vote on the resolution resulted as follows:
Ayes (8) - Booth, Johnson, Cummings, Daley, Romanowski,
Peterson, Hoffman, Schroeder
Nay (1) - Blanchard
Carried (8 -1)
Alderperson Golder was out of room at time of vote.
* 16.3 An Ordinance Amending Chapter 39, Entitled 'Site
Development Plan Review', Section 39.5 (D)(1)(a)(xv) Entitled
'Preliminary Site Development Plan Review' and Section 39.6(G)
Entitled 'Review Criteria' of the City of Ithaca Municipal Code
By Alderperson Peterson: Seconded by Alderperson Hoffman
ORDINANCE NO. 90 -
AN ORDINANCE AMENDING CHAPTER 39, ENTITLED 'SITE DEVELOPMENT
PLAN REVIEW', SECTION 39.5 (D)(1)(a)(xv) ENTITLED 'PRELIMINARY
SITE DEVELOPMENT PLAN REVIEW' AND SECTION 39.6 (G) ENTITLED
'REVIEW CRITERIA' 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 Section 39.5 (D)(1)(a)(xv) of the City of
Ithaca Municipal Code be amended to read as follows:
"type and location of existing vegetation on the site and
information as to any trees on the site which are to be removed."
Section 2. That Section 39.6(G) of the City of Ithaca
Municipal Code be amended to read as follows:
"The project shall provide for adequate types and
arrangements of landscaping, both to enhance the site and to
complement the architectural components of the development, and
to screen or buffer adjacent uses in public ways. Where possible
and reasonable, trees shall be planted in a strip adjacent to the
road. The City Forester shall, when appropriate, be consulted
regarding specifications governing tree species, size, spacing
and method location of planting. Appropriate guarantees for
tree health may be required. Where possible and reasonable, any
trees greater than ten inches (1011) DBH of desirable species and
in good health and sound structure, as determined by the City
Forester, should be retained on the site and protected during
development per the requirements of Section 71.8(2) of the City
Tree Ordinance."
Section 3. Effective date.
This ordinance shall take effect immediately in accordance
with law upon publication of a notice as provided in Section
3.11(B) of the Ithaca City Charter. (Effective date December 21,
1990)
22
Carried Unanimously
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December 5, 1990
* 16.4 An Ordinance Amending Chapter 31 Entitled 'Subdivision
Regulations', Section _31.3 (B) (8) Entitled 'Shade Trees' of the
City of Ithaca Municipal Code
By Alderperson Peterson: Seconded by Alderperson Johnson
ORDINANCE NO. 90-
AN ORDINANCE AMENDING CHAPTER 31 ENTITLED "SUBDIVISION
(600" REGULATIONS ", SECTION 31.3(B)(8) ENTITLED 'SHADE TREES' 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:
That Section 31.3(B)(8) of the City of Ithaca Municipal Code
shall be amended to read:
118. Shade trees.
The Board of Planning and Development may require the
planting of trees within the space between the pavement and the
edge of the right -of -way of any new subdivision, street or
m portion thereof. Tree species, size, spacing and method and
Q location of planting shall be as directed or approved by the
Board in consultation with the City Forester and shall conform
with the guidelines and specifications of the City's Tree
Ordinance, if any. Appropriate guarantees for tree health may be
required. If appropriate, existing trees may be utilized."
Section 2. This ordinance shall take effect immediately in
accordance with law upon publication of a notice as provided in
Section 3.11(B) of the Ithaca City Charter. (Effective December
21, 1990)
Alderperson Booth suggested that the word "Shade" be deleted from
the title of the ordinance.
There was no objection from Council members, therefore, the word
"shade" will be deleted when the Ordinance is published.
A vote on the resolution resulted as follows:
Carried Unanimously
* 16.5 An Ordinance Amending Chapter 71 Entitled 'Protection and
Maintenance of Trees and Shrubs on City Property' of the City of
Ithaca Municipal Code
By Alderperson Peterson: Seconded by Alderperson Schroeder
WHEREAS, the City of Ithaca enjoys a beautiful and healthy
environment in which many persons live and work, and
WHEREAS, the protection, maintenance and planting of trees and
shrubs on City property are important in order to:
A. Aid in stabilizing the environment's ecological balance
by contributing to the processes of air purification, oxygen
regeneration, groundwater recharge and storm -water runoff
retardation;
B. Conserve energy by shading and wind abatement;
C. Contribute to the reduction of noise and glare;
D. Provide habitats for birds that might not otherwise be
found in urban and suburban environs;
E. Provide visual buffering and enhance the beautification
of the City of Ithaca;
23
;00
December 5, 1990
F.Preserve, protect and restore the unique identity and
environment of the City of Ithaca and preserve the economic
base attracted to Ithaca by such factors, and
WHEREAS, the City of Ithaca wishes to provide for the protection
and maintenance of trees and shrubs on City property; now,
therefore, the following ordinance is hereby amended:
ORDINANCE NO. 90-
AN ORDINANCE AMENDING CHAPTER 71 ENTITLED "PROTECTION AND
MAINTENANCE OF TREES AND SHRUBS" 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 71 entitled "Protection and
Maintenance of Trees and Shrubs" is hereby amended to read as
follows:
CHAPTER 71
PROTECTION AND MAINTENANCE OF
TREES AND SHRUBS
Section 71.1 Purpose
This ordinance regulates the planting, maintenance,
protection and removal of trees and shrubs on public streets,
parks and other city -owned property; provides for a Shade Tree
Advisory Committee; and establishes the office of a City Forester
in the Department of Public Works. This ordinance also provides
for the issuing of permits for the planting, maintenance,
protection and removal of trees and shrubs in city -owned places.
Section 71.2 Short Title
This ordinance shall be known and may be cited as the "City
Tree Ordinance."
Section 71.3 Definitions
The following terms shall have meanings provided in this
section, unless their context requires otherwise;
1. "City agency" means any department, board, commission,
committee, or other entity within the government of the City of
Ithaca.
2. "Person" means any corporation, firm, partnership,
association, trust, estate, one or more individuals, and any unit
of government or agency or subdivision thereof except for a city
agency.
3. "Trees and shrubs" means any woody plants which have
self - supporting, above - ground parts which are viable year round.
4. "DBH" (Diameter Breast Height) means the diameter of
tree trunks at a height of 416" from the finished grade at the
base of the tree.
5. "Caliper inch" means the diameter in inches of the tree
trunk 12" above the base of the tree.
24
201
December 5, 1990
Section 71.4 Authority and Responsibilities
1. The office of the City Forester is hereby established in
the Department of Public Works.
2. The City Forester, in consultation with the Shade Tree
Advisory Committee (STAC) and the Board of Public Works, shall
have the authority to implement and enforce the provisions of
this ordinance.
3. In furtherance of the purpose of this ordinance, the
Board of Public Works, in consultation with the City Forester and
STAC, shall have the authority to adopt rules and regulations
regarding arboricultural specifications and standards of practice
and such additional rules and regulations as the Board determines
are necessary. These regulations shall govern the planting,
maintenance, removal, fertilization, pruning and protection of
trees and shrubs on public streets, parks or other city property.
CD 4. In the absence of the City Forester, the duties of that
M office shall be the responsibility of the Supervisor of Parks and
Forestry within the Department of Public Works.
m Section 71.5 Shade Tree Advisory Committee
a
There shall be a Shade Tree Advisory Committee consisting of the
following: at least six persons appointed by the Mayor with the
consent of Common Council, two - thirds of whom must be city
residents. Members shall serve terms of three years, with two of
the original members serving three -year terms beginning in 1989,
two of the original members serving two -year terms beginning in
1989, and two of the original members serving one -year terms
beginning in 1989. Members may be reappointed for additional
terms. The members of the committee shall pick a chairperson at
the first meeting of each year on or following January 1.
Section 71.6 Planting, Maintenance, Removal or Replacement
1. No person or city agency shall plant, spray, fertilize,
prune, remove, replace, or otherwise disturb any tree or shrub on
any public street, park or other city -owned property without
first submitting a written request therefor and obtaining written
permission from the City Forester. Requests for written
permission shall be acted on within five (5) business days of
filing the written request with the City Forester. All work for
which such permission is given shall be done in accordance with
the Department of Public Works' rules and regulations adopted
pursuant to Section 71.4 of this ordinance.
2. Persons or city agencies conducting regular maintenance
work on trees or shrubs may be granted general permits to cover
their work on a yearly basis.
3. Except as provided in subdivision 4, whenever a person
or city agency obtains written permission pursuant to
Subdivision one of this Section to remove a tree or shrub from
any city -owned land for the purpose of construction, or for any
other reason, such person or agency shall subsequently replace
the tree or shrub within one year of the issuance of the tree
removal permit in a location to be determined by the City
Forester somewhere in the city or have the city replace such
tree or shrub at the expense of the person who obtained such
permission. Such replacement shall meet the standards of size,
species, and placement as provided for in the tree removal permit
issued by the City Forester. Unless the City Forester, for good
cause, determines otherwise, trees shall be replaced by the
25
20?
December 5, 1990
caliper inch, such that for every inch diameter (DBH) removed an
equal number of caliper inches shall be replaced. (e.g. the
removal of one 12" DBH tree shall necessitate the planting of six
2" caliper trees or four 3" caliper trees, etc.).
4. It is the responsibility of the City Forester to
determine if trees or shrubs on city -owned property are
hazardous and to remove dead or hazardous trees or shrubs from
city -owned property. If replacement is recommended by the City
Forester, the city shall replace the tree or shrub within one
year of removal.
5. Wherever it is necessary to remove a tree or shrub from
a public right -of -way in connection with the paving of a
sidewalk, or the paving or widening of a street, the city or
responsible agency or person shall replant such tree or shrub or
replace it. If conditions prevent planting in the right -of -way,
this requirement may be satisfied by planting on the adjoining
property if the property owner agrees.
6. Requests from private citizens that new street trees be
planted near their property shall be accommodated in accordance
with planting priorities set by the City Forester in consultation
with STAC and the Board of Public Works.
7. Specifications governing tree species, size, spacing and
method and location of planting shall be approved by the City
Forester. Inspection of the trees by the City Forester shall be
carried out, whenever possible, prior to planting in order to
ensure tree health and quality. Whenever any person is required
to replace a tree pursuant to this ordinance, a one -year
guarantee of the tree's health shall be provided for such
replacement trees.
8. Excavation within the street right -of -way for the
purpose of compliance with this section shall not be undertaken
without a permit from the City Engineer.
Section 71.7 Abuse or Mutilation of Public Trees and Shrubs
Unless specifically authorized in writing by the City
Forester, no person or city agency shall intentionally damage,
cut, carve, transplant, or remove any tree or shrub on city -owned
property; attach any rope, wire, nails, advertising posters, or
other contrivance to any such tree or shrub; allow any gas,
liquid, or solid substance which is harmful to any such tree or
shrub to come in contact with it; or set fire or permit any fire
to burn when such fire or heat thereof will injure any portion of
any tree or shrub on city property. Written authorizations for
any action governed by this section may be obtained in the same
manner as provided in Section 71.6 of this ordinance.
Section 71.8 Protection of Public Trees and Shrubs
1. Without written permission from the City Forester, no
person or city agency shall a) undertake any construction or
development activity, (including but not limited to the
excavation of any ditches, tunnels, or trenches, or the laying of
pavement), within the dripline of any city tree or shrub, or b)
move or park vehicles associated with any construction or
development activity which may affect any tree or shrub on city
property.
2. Unless the City Forester, for good cause, determines
otherwise, all trees or shrubs on any public street or other
city -owned property directly impinging on any excavation or
construction of any building, structure, or street work, shall be
guarded as follows: a) for trees or shrubs with a crown spread
26
0
December 5, 1990
of eight feet or less, a substantial fence, frame or box not less
than four feet high and eight feet square shall surround the tree
or shrub; b) for a tree or shrub with a crown spread over eight
feet, a fence not less than 4 feet high shall be placed at least
at the tree or shrub's dripline or at a distance prescribed by
the City Forester. All building material, soil, or debris shall
be kept outside these barriers.
(600.1 3. No person or city
maintain upon any public
sand, concrete, or other
passage of water, air, and
shrub growing thereon, e
Forester.
CO
CO
agency shall deposit, place, store, or
place of the city any stone, brick,
materials which may impede the free
fertilizer to the roots on any tree or
xcept by written permit of the City
4. Any written permission required by this section may be
obtained in the same manner as provided for in Section 71.6.
Section 71.9 Obstructions Caused by Trees or Shrubs on
Property Ad-ioining Public Streets
1. It shall be the duty of any person owning real property
bordering on a public street to ensure that trees and shrubs on
that property are pruned in a manner that will not obstruct or
shade street lights, obstruct the passage of pedestrians on
sidewalks, obstruct vision of traffic signs, or obstruct the view
of any street or alley intersection. If trees are interfering
with utility wires, it is the obligation of the appropriate
utility company to correct the situation.
2. Should any person owning real property bordering on any
public street fail to comply as herein above provided, the City
Forester shall order the owner to take corrective action within
15 days after receipt of written notice.
3. The order required herein shall be served by mailing a
copy of it to the last known address of the property owner.
4. When a person to whom an order is directed shall fail to
comply within the specified time, it shall be lawful for the
city to prune such trees or shrubs, or to pay for such pruning,
and the cost thereof shall be assessed to the owner.
Section 71.10 Coordination of Review
1. When plantings are to be done on projects that also
require site development plan review (ch.39), the City Forester
and Site Development Plan Review officer shall coordinate review
of the proposed planting plan.
Section 71.11 Emergency Work
1. This ordinance shall not govern any emergency activity
immediately necessary to protect life, safety or property, or to
maintain access to any property. Any such activity shall
incorporate reasonable efforts to protect trees and shrubs on
city property from unnecessary damage.
2. Any person or city agency engaged in any action covered
by subdivision 1 shall make a reasonable effort to notify the
City Forester prior to commencing that action and shall in any
event, provide written notice of the emergency and the work done
by the City Forester within three calendar days of commencing
that work.
27
20
;� () I
December 5, 1990
Section 71.12 Appeal Process
Should a dispute arise in the administering of this
ordinance, an appeal can be requested by petitioning in writing
the City Forester. The City Forester will have five (5) working
days to reply in writing. Should this provide an unsatisfactory
resolution, a second appeal can be requested by petitioning the
Superintendent of Public Works. In such event, the
Superintendent of Public Works shall consult with the City
Forester. The Superintendent will have ten (10) working days
from the filing of the second appeal to reply in writing. Should
this also provide an unsatisfactory resolution, a third appeal
can be requested by petitioning the Board of Public Works. The
Board of Public Works will act upon the petition within thirty
(30) days from the date of receiving the petition.
Section 71.13 Violation and Penalty
Any person who violates or fails to comply with any of the
provisions of this ordinance shall be guilty of a violation, and
upon conviction thereof shall be fined a sum not more than $250
plus the cost of rectifying damage to any tree or shrub on city -
owned property.
Section 71.14 Separability
1. Should any section, clause, or provision of this
ordinance be declared by a court of competent jurisdiction to be
invalid, the same shall not affect the validity of the ordinance
as a whole, or parts thereof, other than the part so declared to
be invalid.
Section 2. Effective Date.
This ordinance shall take effect upon publication of a notice as
provided in Section 3.11(B) of the Ithaca City Charter.
(Effective date December 21, 1990)
Discussion followed on the floor.
Amending Resolution
By Alderperson Booth: Seconded by Alderperson Blanchard
RESOLVED, That Section 71.6, subdivision 3, shall remain as it
currently exists.
Ayes (3) - Booth, Blanchard, Romanowski
Nays (7) - Cummings, Daley, Golder, Johnson, Peterson,
Hoffman, Schroeder
Motion Fails
Main Motion
A vote on the Main Motion resulted as follows:
Ayes (7) - Peterson, Hoffman, Daley, Cummings, Schroeder,
Johnson, Golder
Nays (3) - Blanchard, Booth, Romanowski
Carried
* 16.6 An Ordinance Amending Chapter 30 Entitled 'Zoning',
Sections 30.37 (B) (1) (c) (3) and 30.37 (B) (2) (c) , Entitled
'Screening' of the City of Ithaca Municipal Code - Call for
Public Hearing
By Alderperson Peterson: Seconded by Alderperson Golder
RESOLVED, That Ordinance No. 90 - entitled "An Ordinance
Amending Chapter 30 Entitled 'Zoning' of the City of Ithaca
Municipal Code" is hereby introduced before the Common Council of
the City of Ithaca, New York, and be it further
F-3
19,
X115
RESOLVED, That the Common Council
the matter of the adoption of the
in the Common Council Chambers,
Street in the City of Ithaca, New
of January 1991, at 7:00 P.M. in
it further
December 5, 1990
shall hold a public hearing in
aforesaid ordinance to be held
City Hall, at 108 East Green
York on Wednesday, the 2nd day
the evening of that day, and be
RESOLVED, That the City Clerk give notice of such public hearing
by the publication of a notice in the official newspaper,
(Worl 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 fifteen
(15) days prior to the public hearing.
ORDINANCE NO. 90-
AN ORDINANCE AMENDING CHAPTER 30 ENTITLED "ZONING"',
OF THE CITY OF ITHACA MUNICIPAL CODE.
CD BE IT ORDAINED AND ENACTED by the Common Council of the City
M of Ithaca, New York, as follows:
m Section 1. That Chapter 30.37 (B) (1) (c) (3) ,
entitled
d 'Screening' shall be amended to read: The entire parking area
(except for entrances or exits) must be enclosed with landscaping
or other safe and attractive barrier, kept to a minimum height of
four (4) feet in order to protect adjacent uses from emissions,
light or glare from the parking area. Where appropriate,
plantings within the lot may be required. The parking area also
must be kept free of refuse."
Section 2. That Chapter 30.37(B)(2)(c), entitled
'Screening' shall be amended to read: The entire parking area
(except for entrances or exits) must be enclosed with landscaping
or other safe and attractive barrier, kept to a minimum height of
four (4) feet in order to protect adjacent uses from emissions,
light or glare from the parking area. Where appropriate,
plantings within the lot may be required. The parking area also
must be kept free of refuse."
Section 3. A new section to be known and designated as
Section 30.37(C) (5) shall be added to said chapter to read as
follows: 5. "Screening The entire parking area (except_ for
entrances or exits) should, where appropriate, be enclosed with
landscaping or other safe and attractive barriers, kept to a
minimum height of 41, in order to protect adjacent uses from
emissions, light or glare from the parking area. Where
appropriate, plantings within the lot may be required. "The
parking area also must be kept free of refuse.
Section 4. A new section to be known and designated as
Section 30.37(D) shall be added to said chapter to read as
follows: "D Planting of parking areas.
In determining the planting or screening requirements of
parking areas, the following guidelines shall be considered:
1 Peripheral planting.
a) Most parking spaces or lots within visual
access to the street right -of -way should have a visually
modifying screen composed of vegetation or a berm or fence
and vegetation combination After three years the screen
should occupy 75% of a vertical rectangular plane at least
316" high from the periphery of the parking area that is
seen from the right -of -way. The planting area should be a
minimum of 5' wide and 10' long. All plant materials should
be a minimum of 18" when planted.
29
December 5, 1990
b) All planting strips should be excavated to 3'
and either existing or new soil worked to a good planting
tilth as determined by the Citv Forester.
2. Planting within the lot.
In addition to the peripheral planting suggested above for
all parkinq areas of 10,000 square feet or 40 or more
parking spaces, a minimum of 5% of the interior should also
be planted with trees. Planting areas should be a minimum
of 300 square feet with a minimum dimension of 5' Every
effort should be made to have the planting areas located so
as to afford shade to parking spaces. Soil should be
properly excavated and prepared. Standard or multi - stemmed
trees, spaced 15' to 40' apart, depending on tree species,
should be planted. When feasible, shrubs should also be
incorporated into the planting bed to provide a dense
vegetation buffer. Curbs or bollards should also be used so
as to protect trees from damage caused by vehicles
Planting areas should be mulched with 3" of shredded bark or
other materials acceptable to the City Forester.
3. Preservation of existing trees on site.
Existing trees may be used to fulfill the above auidelines
and additional credit given to them according to the
following schedule, provided they are in good health and
have been adequately protected during construction as
determined by the City Forester:
Existing Size
2" - 4" caliper tree
5" - 8" caliper tree
9" - 12" caliper tree
12" - 18" caliper tree
Greater than 18" caliper tree
Credit toward required
planting area
Same as for planted tree of
same size
600 square feet
750 square feet
900 square feet
1,000 square feet
Section 5. Effective date. This ordinance shall take
effect immediately in accordance with law upon publication of a
notice as provided in Section 3.11(B) of the Ithaca City Charter.
Lengthy discussion followed on the floor with Alderpersons
speaking for and against enactment of this ordinance.
Motion to Refer Back to Committee
By Alderperson Booth: Seconded by Alderperson Romanowski
RESOLVED, That Chapter 3 0. 3 7 (B) (1) (c) (3 ) and Chapter
30.37(B)(2)(c) entitled 'Screening' be referred back to Committee
for further consideration and review. .Ili
Carried Unanimously
it
D
* 16.7 An Ordinance_Amendinq Chapter 81 Entitled 'Partial Tax
Exemption' City of Ithaca Municipal Code - Call for Public
Hearing
By Alderperson Peterson: Seconded by Alderperson Johnson
RESOLVED, That Ordinance No. 90 - entitled "An Ordinance
Amending Chapter 81 Entitled 'Partial Tax Exemption' of the City
of Ithaca Municipal Code" is hereby introduced before the Common
Council of the City of Ithaca, New York, and be it further
30
RESOLVED, That the Common Council
the matter of the adoption of the
in the Common Council Chambers,
Street in the City of Ithaca, New
of January 1991, at 7:00 p.m. in
it further
December 5, 1990
shall hold a public hearing in
aforesaid ordinance to be held
City Hall, at 108 East Green
York on Wednesday, the 2nd day
the evening of that day, and be
RESOLVED, That the City Clerk give notice of such public hearing
by the publication of a notice in the official newspaper,
(4s000ll 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 fifteen
(15) days prior to the public hearing.
Carried Unanimously
WHEREAS, during its 1990 session the New York State Legislature
amended Section 467.3(a) of the New York State Real Property Tax
Law to permit local tax levying bodies to raise the upper income
level from $12,025 to $15,000 for homeowners 65 years of age and
co older who qualify for the 50 percent property tax exemption, now,
Q7 therefore, the following ordinance is hereby ordained and
enacted:
co ORDINANCE NO. 90-
Q
AN ORDINANCE AMENDING CHAPTER 81 ENTITLED "PARTIAL TAX EXEMPTION"
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 subdivision A of Section 81.1 entitled
"Partial tax exemption for certain persons over 65 years of age"
of the City of Ithaca Municipal Code, is hereby amended as
follows:
Section 81.1 Partial tax exemption for certain persons over
65 years of aqe
A. Pursuant to the provisions of Section 467 of the Real
Property Tax Law of the State of New York, real property in the
City of Ithaca owned by one or more persons, each of whom is 65
years of age or over, or real property owned by husband and wife,
one of whom is 65 years of age or over, shall be partially exempt
from taxation by the City based upon the income of the owner or
the combined incomes of the owners. Such partial exemption shall
be to the extent set forth in the schedule following:
PERCENTAGE
ANNUAL INCOME OF OWNER ASSESSED VALUATION
COMBINED ANNUAL INCOME OF OWNERS EXEMPT FROM TAXATION
31
Up to [$12,025] $15,00.0
500
More than [$12,025] jj5. 000 but
less
than [$12,525] $15,600.
45%
[$12,525] $15,600. or more, but
less than
40%
[$13,025] 16 200
[$13,025] jj6 200 or more, but
less than
[$13,525] 16 800
35%
[$13,525] $16,800 or more, but
less than
[$14,025] 17 400
30%
[$14,025] $17,400 or more, but
less than
[$14,525] $18,000
25%
31
U11,11
December 5, 1990
[$14,525] $18,000 or more, but less than
[$15,025] $18,600 200
The partial exemption provided by this law shall, however,
be limited to such property and persons as meet the conditions,
exclusions and limitations set forth in Section 467 of the Real
Property Tax Law of the State of New York.
B. Same
Section 2. That Subdivision A of Section 81.2 entitled
"Limitations on Exemptions" of the City of Ithaca Municipal Code
is hereby amended as follows:
Section 81.2 Limitations on exemption
No exemptions shall be granted:
A. If the income of the owner or the combined income of the
owners of the property exceeds the sum of [Fifteen Thousand
Twenty -Four dollars and Ninety -nine cents ($15,024.99)] Eighteen
Thousand Five Hundred Ninety -nine dollars and Ninety -nine cents
($18,599.99) for the income tax year immediately preceding the
date of making application for exemption as consistent with the
schedule provided in S 81.1(A). Income tax year shall mean a
twelve (12) month period for which the owner or owners filed a
federal personal income tax return, or if no such return is filed
the calendar year. Where title is vested in either the husband
or the wife, their combined income may not exceed such sum. Such
income shall include social security and retirement benefits,
interest, dividends, total gain from the sale or exchange of a
capital asset in the same income tax year, net rental income,
salary or earnings, and net income from self - employment, but
shall not include a return of capital, gifts or inheritances. In
computing net rental income and net income from self employment
no depreciation deduction shall be allowed for the exhaustion,
wear and tear of real or personal property held for the
production of income. [Subd. A last amended, Ord. 87 -1, 2/4/87]
B. Same
C. Same
D. Same
Section 3. 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 Extend Meeting Time
By Alderperson Johnson: Seconded by Alderperson Cummings
RESOLVED, That the Common Council meeting be extended to 12:15
a.m. to complete the agenda items.
Carried Unanimously
PLANNING AND DEVELOPMENT COMMITTEE:
* 17.1 Carpenter Business Park - Leasing
By Alderperson Hoffman: Seconded by Alderperson Daley
WHEREAS, the City of Ithaca has finished construction of the
Carpenter Business Park (CBP) at Route 13 and Third Street which
has four lots equalling 5.5 acres; and
WHEREAS, Common Council on May 17, 1986 adopted a leasing policy
for its industrial parks; and
32
wi)�l
December 5, 1990
WHEREAS, the cost to the City to construct Carpenter Business
Park, subtracting federal grants, equals $45,475 per acre; now
therefore, be it
RESOLVED that Common Council authorizes the Department of
Planning and Development to lease the said 5.5 acres at the
Carpenter Business Park; and be it further
RESOLVED that the Planning and Development Department may
negotiate terms for a lease with an option to buy with a present
value of $45,475 per acre, with a minimum annual payment of
$3,000 per year per acre; all other terms to be in accordance
with the standard lease policy for City -owned industrial parks,
including the employment Maintenance Policy adopted by Common
Council on February 3, 1988.
Discussion followed on the floor.
co
A vote on the resolution resulted as follows:
M Ayes (8) - Johnson, Cummings, Daley, Peterson, Golder,
Romanowski, Blanchard, Schroeder
[�] Nays (2) - Booth, Hoffman
Q Carried
* 17.2 Route 13 Widening /Bridge Repair
By Alderperson Hoffman: Seconded by Alderperson Cummings
WHEREAS, Common Council of the city of Ithaca is in favor of
having the New York State Department of Transportation replace
the two bridges along Rt. 13 just south of the city line, and
WHEREAS, it is important to Common Council that the rural
character of the approach to the city from the south be
maintained, and that Buttermilk State Park and its surroundings
be protected, and
WHEREAS, replacement of the two bridges with four -lane bridges,
replacement of the current roadway with one that is four lanes as
far as Rt. 13A, and relocation of the roadway to the east could
harm the rural character of this important approach to the city,
and
WHEREAS, said changes could seriously affect the wetland in the
area, as well as Buttermilk State Park and its setting, and
WHEREAS, the priority for State transportation expenditures
should be for improved mass transit, not for expanded highways;
now, therefore, be it
RESOLVED, That Common Council urges the New York State Department
of Transportation to retain the existing two -lane width of Rt. 13
as it proceeds south from the City, to replace the bridges with
two -lane bridges, and to incorporate into the design of the
project a grade- separated crossing of Rt. 13 by the Cayuga Inlet
bicycle /pedestrian trail, possibly by means of a
pedestrian /bicycle bridge using the existing railroad right -of-
way at the City line, and be it further
RESOLVED, That Common Council urges the New York State Department
of Transportation to comply with the New York State Environmental
Quality Review Act in all respects with respect to this project,
including, if necessary, the preparation of a full environmental
impact statement, and be it further
33
Pi()
December 5, 1990
RESOLVED, That Common Council urges that another public meeting
be held sponsored by the New York State Department of
Transportation so that the public, the City of Ithaca, and
various governmental entities can ask questions about the
project.
Alderperson Hoffman gave background information on the
resolution and the scope of the project.
Amending Resolution
By Alderperson Hoffman: Seconded by Alderperson Daley
RESOLVED, That the 3rd Resolved Clause be replaced with the
following wording:
"RESOLVED! That the Common Council appreciates the Department of
Transportation's decision to schedule another public meeting on
this subject and asks that the DoT consider further comment by
the City following that meeting."
No objections were raised, therefore, the Amending Resolution
replaces the Third Resolved Clause.
Amending Resolution
By Alderperson Booth: Seconded by Alderperson Cummings
RESOLVED, That the First Resolved Clause shall read as follows:
"RESOLVED, That Common Council urges the New York State
Department of Transportation to retain the existing two -lane
width of Route 13 in this project, to replace the bridges with
two -lane bridges, and to ...etc...."
Ayes (8) - Booth, Cummings, Johnson, Peterson, Golder,
Daley, Schroeder, Hoffman
Nays (2) - Blanchard, Romanowski _sj
Carried
Motion to Table
By Alderperson Blanchard: Seconded by Alderperson Romanowski
RESOLVED, That the matter of the Route 13 Widening /Bridge Repair
be tabled.
Ayes - (3) Blanchard, Romanowski, Daley
Nays - (7) Booth, Johnson, Schroeder, Golder, Hoffman,
Peterson, Cummings
Motion Fails
Amending Resolution
By Alderperson Blanchard: Seconded by Alderperson Romanowski
RESOLVED, That the First Resolved Clause be changed to read as
follows:
"RESOLVED, That Common Council urges the New York State
Department of Transportation to consider all of these concerns as
noted as a preferred alternative is developed and to ensure that
a grade separated Cayuga Inlet bicycle /pedestrian trail is
incorporated into the project."
Discussion followed on the floor.
A vote on the Amending Resolution resulted as follows:
Ayes (2) - Blanchard, Romanowski
Nays (8) - Booth, Cummings, Peterson, Daley, Golder,
Hoffman, Johnson, Schroeder
34
Motion Fails
21t
December 5, 1990
Amending Resolution
By Alderperson Blanchard: Seconded by Alderperson Romanowski
RESOLVED, That the Fifth Whereas Clause be deleted from the
resolution.
Ayes (3) - Blanchard, Romanowski, Booth
Nays (7) - Johnson, Golder, Peterson, Hoffman, Daley,
Cummings, Schroeder
Motion Fails
Amending Resolution
By Alderperson Hoffman: Seconded by Alderperson Peterson
RESOLVED, That there be a further Resolved Clause to read as
follows:
"RESOLVED, That the City Clerk be directed to forward a copy of
this resolution to the New York State Department of
(` Transportation."
Carried Unanimously
co
Amending Resolution
By Alderperson Cummings: Seconded by Alderperson Daley
m RESOLVED, That a further Whereas Clause be added to the
< resolution after the Third Whereas to read as follows:
"WHEREAS, the City of Ithaca considers the widening of the Route
13 Bridge over Six Mile Creek to be a higher priority for the
City's concerns."
Carried Unanimously
The Main Motion as Amended shall read as follows:
(Ww"
WHEREAS, Common
Council of
York State
the city
Department
of Ithaca is in favor of
of Transportation replace
having the New
the two bridges
along Rt. 13
just south
of the city line, and
WHEREAS, it is
important
to Common
Council that the rural
character of the
approach
to the
city from the south be
maintained, and
that Buttermilk State
Park and its surroundings
be protected, and
WHEREAS, replacement of the two bridges with four -lane bridges,
replacement of the current roadway with one that is four lanes as
far as Route 13A, and relocation of the roadway to the east could
harm the rural character of this important approach to the City,
and
WHEREAS, the City of Ithaca considers the widening of the Route
13 Bridge over Six Mile Creek to be a higher priority for the
City's concerns, and
WHEREAS, said changes could seriously affect the wetland in the
area, as well as Buttermilk State Park and its setting, and
WHEREAS, the priority for State transportation expenditures
should be for improved mass transit, not for expanded highways;
now, therefore, be it
RESOLVED, That Common Council urges the New York State Department
of Transportation to retain the existing two -lane width of Rt. 13
in this project, to replace the bridges with two -lane bridges,
and to incorporate into the design of the project a grade -
separated crossing of Rt. 13 by the Cayuga Inlet bicycle/
pedestrian trail, possibly by means of a pedestrian /bicycle
bridge using the existing railroad right -of -way at the City line,
and be it further
35
December 5, 1990
RESOLVED, That Common Council urges the New York State Department
of Transportation to comply with the New York State Environmental
Quality Review Act in all respects with respect to this project,
including, if necessary, the preparation of a full environmental
impact statement, and be it further
RESOLVED, That the Common Council appreciates the Department of
Transportation's decision to schedule another public meeting on
this subject and asks that the DoT consider further comment by
the City following that meeting, and SJ
RESOLVED, That the City Clerk be directed to forward a copy of
this resolution to the New York State Department of
Transportation.
Main Motion as Amended
A vote on the Main Motion as Amended resulted as follows:
Ayes (8) - Booth, Johnson, Golder, Schroeder, Cummings,
Peterson, Hoffman, Daley
Nays (2) - Romanowski, Blanchard
Carried
* 17.3(a) Zoning Ordinance Amendment - Introducing Proposed
Changes to the Zoning Ordinance ( "Minimum Parking Space Size ")
By Alderperson Hoffman: Seconded by Alderperson Schroeder
RESOLUTION OF COMMON COUNCIL INTRODUCING PROPOSED CHANGES
TO THE ZONING ORDINANCE ( "MINIMUM PARKING SPACE SIZE ") AND
PROVIDING FOR PUBLIC NOTICE AND PUBLIC HEARING
RESOLVED, That Ordinance No. 90- entitled "An Ordinance
Amending Section 30.37 -A.2 of Chapter 30 Entitled 'Zoning' of the
City of Ithaca Municipal Code" be and it hereby is introduced
before the Common Council of the City of Ithaca, New York, and be
it further
RESOLVED, That the 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,
Ithaca, New York on Wednesday, January 2, 1991, at 7:00 p.m., and
be it further
RESOLVED, That the City Clerk give notice of such public hearing
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 fifteen
days prior to the public hearing, 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 Unanimously
ORDINANCE NO. 90-
AN ORDINANCE AMENDING SUBDIVISION A -2 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. AMENDING SUBDIVISION A -2 of Section 30.37.
That Subdivision A -2 of Section 30.37 is hereby amended to
read as follows:
36
213
December 5, 1990
Parking Space Size:
a. For parking areas containing 1 to 9 cars, a parking space
size shall have a minimum area of 153 square feet, exclusive
of passageways, maneuvering space and driveways appurtenant
thereto and giving access thereto.
b. For parking areas containing 10 or more cars, the following
shall apply:
(1) Standard parking stalls shall be 816" wide minimum.
(2) Handicap parking arrangements shall be as specified by
current applicable codes.
(3) For angle or perpendicular parking, a parking space
size shall have a minimum area of 255 square feet, as measured
�. from the outermost line of the stall to the center -line of the
driveway aisle giving access thereto. The actual edge of
rn parking space pavement may be up to 2' -0" inside the outermost
line of the parking stall, where unobstructed vehicle- overhang is
available to that dimension. The overhang area may or may not be
(o a paved area.
Q (4) For parallel parking, a parking space size shall have a
minimum area of 290 square feet, as measured from the outermost
edge of the stall to the center -line of the driveway aisle giving
access thereto.
(5) The minimum parking space size may be reduced down to
238 square feet, and /or may be increased in order to insure
functional use, as determined by the Board of Planning and
(twor, Development under Chapter 39, Site Development Plan review
(SDPR).
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.
* 17.3(c) Environmental Review for Zoning Amendment Change_ in
Parking Space Size Requirements - Negative Declaration
By Alderperson Hoffman: Seconded by Alderperson Schroeder
ENVIRONMENTAL REVIEW FOR ZONING AMENDMENT
CHANGE IN PARKING SPACE SIZE REQUIREMENTS
NEGATIVE DECLARATION
WHEREAS, the matter of amending Chapter 30 of the Municipal Code
for the purpose of changing the parking space size requirements
is currently being considered by this Common Council, and
WHEREAS, appropriate environmental review has been conducted
including the preparation of a Short Environmental Assessment
form (SEAF), and
WHEREAS, it appears that the proposed action is a Type I action
under the City Environmental Quality Review Act (EQR Section 36.5
(B) (5)), and
WHEREAS, it appears that the proposed action will not have a
significant effect on the environment; now, therefore, be it
RESOLVED, That this Common Council, as lead agency in this
matter, hereby adopts as its own the findings and conclusions as
set forth on the Short Environmental Assessment form dated
September 18, 1990, and be it further
37
21 1
December 5, 1990
RESOLVED, That this Common Council, as lead agency, does
determine that the proposed action will not have a significant
effect on the environment, and that further environmental review
is unnecessary under the circumstances, and be it further
RESOLVED, That this resolution shall constitute notice of this
negative declaration and the City Clerk be and she is hereby
directed to file a copy of the same, together with the
attachment, in the City Clerk's Office and forward the same to
any other parties as required by law.
Carried Unanimously
Motion to Extend Meeting
By Alderperson Johnson: Seconded by Alderperson Romanowski
RESOLVED, That the meeting be extended until 12:30 a.m.
Carried Unanimously
NEW BUSINESS•
Authorization to Use Fire Station #6 As a Temporary Emergency
Shelter
By Alderperson Johnson: Seconded by Alderperson Golder
WHEREAS, the City of Ithaca is concerned about the plight of its
homeless residents and this Council hereby determines that it is
in the City's interest to provide emergency shelter for homeless
individuals; and
WHEREAS, the Tompkins County Economic Opportunity Corporation
( TCEOC) has obtained funding from Tompkins County to operate a
program providing shelter for the homeless; and
WHEREAS,
this Council, by resolution duly
adopted at its regular
meeting
on May 2, 1990, declared that as
soon as Fire Station #6
located
at 626 West State Street is
vacated by the Fire
Department
that the property will no
longer be needed for
general
City purposes and will be surplus
property; and
'j
WHEREAS, it is expected that the Board of Fire Commissioners will
declare that effective December 12, 1990, Fire Station #6 is
vacated and no longer needed for Fire Department purposes; now
therefore, be it
RESOLVED, that the Mayor is hereby authorized to enter into an
agreement with the TCEOC providing for the following:
1. That TCEOC shall have the use of the property commencing
9:00 a.m. on Wednesday, December 12, 1990, or as soon thereafter
as the Board of Fire Commissioners has determined that it no
longer needs the premises for Fire Department purposes. The
TCEOC shall have the right to continue to use the premises for
providing shelter to the homeless until May 1, 1991 provided that
the City may terminate their right of occupancy of the building
at any time on 30 days notice to the TCEOC and TCEOC may
terminate its right of occupancy of the building at any time on
15 days notice to the City.
2. TCEOC shall not be responsible for paying any funds to
the City for the use of the building but shall be responsible for
utilities used on the premises during the period of occupancy.
3. Neither the City nor TCEOC shall have any responsibility
to maintain the premises except TCEOC shall be responsible for
any damage to the premises due to the fault or neglect of TCEOC,
its agents, employees and invitees and further provided that if
damage occurs to the premises which damage interferes with the
habitability of the premises that the City shall have the right
to immediately terminate TCEOC's occupancy of the premises.
um
December 5, 1990
4. TCEOC shall defend, indemnify and hold the City harmless
to any claim against the City arising from TCEOC's use and
occupancy of the building. TCEOC shall maintain at all times
during its use and occupancy of the building liability insurance
in the minimum amount of one million dollars ($1,000,000).
5. It is understood and agreed that the City is currently
attempting to sell the premises. At all times during TCEOC's use
and occupancy of the building the City or any prospective
purchaser of the building shall have the right, upon reasonable
notice, to enter upon the premises for the purpose of inspecting
the building and preparing appropriate architectural or building
plans.
6. TCEOC agrees that at the end of TCEOC's period of
occupancy the building will be returned to the City in broom
clean condition and in as good order and repair as at the
commencement of its occupancy.
co Mayor Nichols emphasized that what the Council is talking about
M is the use of a building that the Fire Commissioners will be
D declaring surplus property as of December 11, 1990 and unless we
m allow it to be used as a temporary emergency shelter it would
Q remain empty and essentially unused until it is sold and occupied
by a new owner.
Mayor Nichols further stated that the use by the emergency
shelter will be at no cost to the City. The understanding is
that the City will proceed as rapidly as possible to sell that
building and when there is a new owner to take possession the EOC
will be given thirty days notice to vacate.
Fire Chief Olmstead stated that this is not a straight forward
situation and there are He °said things
that it that
needs need to obe be clear as to
fairly timely manner.
who is going to take over the cost and responsiblity and pay the
utilities bills for the temporary emergency shelter.
Mayor Nichols stated that as soon as the EOC is housed in #6 Fire
Station as an emergency shelter, they will be responsible to pay
the utility bills.
Further discussion followed on the floor with Director Audrey
Cooper answering questions from Council members.
Amending Resolution
By Alderperson Cummings: Seconded by Alderperson Johnson
RESOLVED, That the First Whereas Clause read as follows:
"WHEREAS, the City of Ithaca is concerned about the plight of its
hardest to serve homeless residents and this Council hereby
determines that it is in the City's interest to assist in the
provision of a temporary emergency shelter of last resort for
such homeless individuals." Carried Unanimously
Alderpersons Blanchard and Romanowski expressed their anger and
dismay that no one had informed them, as Representatives from the
First Ward, that this project was going to take place.
Further discussion followed on the floor with Audrey Cooper
continuing to answer questions from Council members.
Amending Resolution
By Alderperson Booth: Seconded by Alderperson Johnson
RESOLVED, That under #1, in the 7th line, the words "the City
may" be stricken and the words the Mayor shall have the authority
to be substituted.
Carried Unanimously
39
c�
December 5, 1990
Amending Resolution
By Alderperson Booth: Seconded by Alderperson Romanowski
RESOLVED, That in #1, in the 8th line, the words 1130 days notice"
be deleted and the words 15 days notice be substituted.
Carried Unanimously
Amending Resolution
By Alderperson Hoffman: Seconded by Alderperson Peterson
RESOLVED, That #3 shall read as follows:
"The City shall not be responsible for maintaining the premises.
TCEOC shall be responsible for any damage to the premises,
etc..."
Carried Unanimously
Alderperson Hoffman stated that he thinks that the First Ward
Representatives have very legitimate concerns regarding the
procedures that were followed for this proposal. Therefore, he
feels that he will have to vote "no" on the resolution.
Alderperson Romanowski stressed to Audrey Cooper, Director of the
Homeless Shelter, that he is not against the homeless shelter; he
is angry at the procedure that was followed.
Main Motion as Amended
A vote on the Main Motion as Amended resulted as follows:
Ayes (7)
Nays (3)
Motion to Exte
By Alderperson
RESOLVED, That
Booth, Johnson, Cummin
Schroeder, Peterson
- Romanowski, Blanchard,
nd Meeting
Blanchard: Seconded by
the meeting be extended
gs, Daley, Golder,
Hoffman
Carried
Alderperson Johnson
to 1:00 a.m.
Carried Unanimously
Executive Session
On a motion the Council adjourned into Executive Session at 12:42
a.m. to discuss the establishment of Capital Project #240 for
East State Street Culvert Reconstruction and reconvened in
regular session at 12:58 a.m. and presented the following:
Resolution (Budget and Administration Committee - Item 14.6)
By Alderperson Booth: Seconded by Alderperson Johnson
WHEREAS, a severe storm recently caused a large culvert to fail
at 1100 East State Street, thereby creating a public emergency
which seriously threatens the life, health and safety of city
residents and public and private property at said location, and
WHEREAS, the Board of Public Works at its meeting of November 14,
1990 declared a public emergency in accordance with Section 103
of the General Municipal Law, thereby negating the statutory
requirement to bid said project; now, therefore, be it
RESOLVED, That Common Council reaffirms the declaration of the
public emergency created by said storm damage, and be it further
RESOLVED, That a Capital Project #240 be established at an
estimated cost not to exceed $300,000 to reconstruct said
culvert, and to complete the required restoration of the affected
area, and be it further
40
.J
CO
m
d
December 5, 1990
RESOLVED, That this Capital Project shall be financed from
existing New York State Consolidated Highway Improvement funds in
the amount of $150,000.00 and by issuance of Bond Anticipation
Notes in the amount of $150,000.00. The issuance of Bond
Anticipation Notes would be authorized under an existing Street
Improvement Bond Resolution adopted March 7, 1990.
Ayes (9) - Booth, Johnson, Peterson, Daley, Golder,
Cummings, Romanowski, Blanchard, Schroeder
Nay (1) - Hoffman
Carried
Adjournment
On a motion the meeting adjourned at 1:00 a.m.
a ista F. Paolang6li
City Clerk
41
G�
Benjamin Nichols
Mayor
214