HomeMy WebLinkAboutMN-CC-1991-02-06253
COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 7:00 P.M. February 6, 1991
PRESENT:
Mayor Nichols
Alderpersons (9) - Booth, Peterson, Blanchard, Hoffman, Daley,
(400.", Golder, Schroeder, Romanowski, Cummings,
ABSENT:
Alderperson Johnson (excused)
OTHERS PRESENT:
City Attorney - Guttman
City Controller - Cafferillo
City Clerk - Paolangeli
Deputy City Controller - Thayer
(l— Director of Planning and Development - Van Cort
co Building Commissioner - Datz
M Personnel Administrator - Saul
Fire Chief - Olmstead
Police Chief - McEwen
Board of Public Works Commissioner - Reeves
Q Acting Facilities Maintenance Supervisor - Ferrel
PLEDGE OF ALLEGIANCE:
Mayor Nichols led all present in the Pledge of Allegiance to the
American flag.
MINUTES•
Approval of Minutes of the January 2, 1991 Common Council Meeting
By Alderperson Golder: Seconded by Alderperson Peterson
RESOLVED, That the Minutes of the January 2, 1991 Common Council
meeting be approved as published.
Carried Unanimously
ADDITIONS TO OR DELETIONS FROM THE AGENDA:
Executive Session
Mayor Nichols requested an Executive Session at the end of the
meeting to discuss various potential litigations and property
purchases.
Report of Special Committees and Council Liaisons
Alderperson Peterson stated that she will report for Alderperson
Johnson on Item 20.1 - Construction of Continuation of
Foot /Bikeway Trail (Conservation Advisory Council).
SPECIAL ORDER OF BUSINESS:
Public Hearing on Sale of Fire Station No. 6 - 626 West State
Street
Resolution to Open Public Hearing
By Alderperson Schroeder: Seconded by Alderperson Hoffman
RESOLVED, That the Public Hearing to consider the sale of Fire
Station No. 6 - 626 West State Street be declared open.
Carried Unanimously
City Attorney Guttman explained the procedure for the proposed
contract to sell Fire Station No. 6 to Bang's Ambulance, who was
the highest bidder.
No one appeared to address the Public Hearing.
Resolution to Close Public Hearing
By Alderperson Booth: Seconded by Alderperson Daley
RESOLVED, That the Public Hearing to consider the sale of Fire
Station No. 6 - 626 West State Street be declared closed.
Carried Unanimously
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February 6, 1991
Public Hearing on Sale of Approximately 5,320 sq. ft. at the West
End of Lot 4 of Carpenter Business Park
Resolution to Open Public Hearing
By Alderperson Daley: Seconded by Alderperson Booth
RESOLVED, That the Public Hearing to consider the sale of
approximately 5,320 sq. ft at the west end of Lot 4 of the
Carpenter Business Park be declared open.
Carried Unanimously
City Attorney Guttman explained the proposal to sell a portion of
Lot 4 in the Carpenter Business Park to Vincent Giordano.
No one appeared to address the Public Hearing.
Resolution to Close Public Hearing
By Alderperson Daley: Seconded by Alderperson Booth
RESOLVED, That the Public Hearing to consider the sale of
approximately 5,320 sq. ft. at the west end of Lot 4 of the
Carpenter Business Park be declared closed.
Carried Unanimously
Public Hearing on Execution of an Agreement Between the City and
Trnnir_ -__ Tnn_ for an option to Lease and Ultimatelv Purchase the
4
s
Resolution to Open Public Hearing
By Alderperson Peterson: Seconded by Alderperson Booth
RESOLVED, That the Public Hearing to consider the execution of an
Agreement between the City and Ironics, Inc. for an option to
lease and ultimately purchase the balance of Lot 4 of Carpenter
Business Park be declared open.
Carried Unanimously
City Attorney Guttman explained the proposal between the City and
Ironics, Inc. regarding purchase of Lot #4 in Carpenter Business
Park.
No one appeared to address the Public Hearing.
Resolution to Close Public Hearing
By Alderperson Peterson: Seconded by Alderperson Romanowski
RESOLVED, That the Public Hearing to consider the execution of an
Agreement between the City and Ironics, Inc. for an option to
lease and ultimately purchase the balance of Lot 4 of Carpenter
Business Park be declared closed.
Carried Unanimously
MAYOR'S APPOINTMENTS:
Design Review Board
Mayor Nichols requested approval of Council for the appointment
of Douglas Look, 419 East Buffalo Street to the Design Review
Board for a three -year term to expire December 31, 1993.
Resolution
By Alderperson Daley: Seconded by Alderperson Schroeder
RESOLVED, That this Council approves the appointment of Douglas
Look to the Design Review Board with a term to expire December
31, 1993.
Carried Unanimously
Ithaca Landmarks Preservation Commission
Mayor Nichols requested approval of Council for the appointment
of James Warren, 420 Hook Place to the Ithaca Landmarks
Preservation Commission for a three -year term to expire December
31, 1993.
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255
February 6, 1991
Resolution
By Alderperson Booth: Seconded by Alderperson Cummings
RESOLVED, That this Council approves the appointment of James
Warren to the Ithaca Landmarks Preservation Commission for a term
to expire December 31, 1993.
Carried Unanimously
Commons Advisory Board
Mayor Nichols requested approval of Council for the re-
(tm� of Andrew Gillis, 213 Cascadilla Park, to the Commons
Advisory Board for two -year term to expire December 31, 1992.
Resolution
By Alderperson Golder: Seconded by Alderperson Schroeder
RESOLVED, That this Council approves the re- appointment of Andrew
Gillis to the Commons Advisory Board with a term to expire
December 31, 1992.
Carried Unanimously
co Shade Tree Advisory Committee
M Mayor Nichols requested approval of Council for the appointment
of Mary Ellen Rossiter, 316 North Geneva Street, to the Shade
Tree.Advisory Committee for a three -year term to expire December
Q 31, 1993.
Resolution
By Alderperson Daley: Seconded by Alderperson Cummings
RESOLVED, That this Council approves the appointment of Mary
Ellen Rossiter to the Shade Tree Advisory Committee with a term
to expire December 31, 1993.
Carried Unanimously
Tompkins County Solid Waste Advisory Committee
Mayor Nichols explained that the County is setting up a Solid
Waste Advisory Committee. The City is to recommend three names
and the County will choose one of the three names submitted.
Mayor Nichols stated that he is proposing to submit the names of
Paul Sayvetz, 201 Elm Street; Ernest Bury, 206 Valley Road; and
Judith Jones, 112 East York Street and he asked for endorsement
by the Council of the names to be submitted to the County.
Resolution
By Alderperson Blanchard: Seconded by Alderperson Schroeder
RESOLVED, That this Council endorses the names as above to be
sent to the County to serve on the Tompkins County Solid Waste
Advisory Committee.
Carried Unanimously
Discussion followed regarding the County's selection process for
this committee. Mr. Eric Lerner from County Board of Reps
answered questions from Council regarding this process.
Appointments Not Requiring Council Approval
Mayor Nichols announced that he has made the following
appointments:
City Historian
Mayor Nichols stated that he has appointed Margaret Hobbie as
City Historian for a two -year term to expire December 31, 1992.
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February 6, 1991
Youth Bureau Board
Mayor Nichols stated that he has appointed the following persons
to the Youth Bureau Board:
Heather Tallman -
317 Richard Place for a three -year
term.
(Re- appointment)
Rev. Robert Williams-
206
South Plain Street for a three -
year
term.
Herbert Nelson -
502
South Albany Street for a two-
year
term.
Willard Dickerson III
- 205
South Titus Avenue for a one-
year
term.
Housing Board of Review
Mayor Nichols stated that he has re- appointed Virginia Canestaro,
201 Linn Street to the Housing Board of Review for a three -year
term to expire December 31, 1993.
Affirmative Action Advisory Committee
Mayor Nichols stated that he has appointed the following persons
to the Affirmative Action Advisory Committee:
Anthony Poole - 107 West Jay Street for a three -year term.
Casandra Nelson - 502 South Albany Street for a three -year
term. (Re- appointment)
Barbara Caldwell - Fire Department, for a one -year term.
Thomas Deis - Fire Department (alternate) for a one -year
term.
County Youth Bureau Board
Mayor Nichols announced that he has re- appointed Thomas Hanna,
210 Eddy Street as a City Representative to the County Youth
Bureau Board.
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
Strand Theatre
The following persons spoke to Council regarding the Strand
Theatre and asked that the City postpone action on the sale of
the Strand until Historic Ithaca receives word on the State's
decision on their grant application.
Doug Reid, 105 Sheldon Road
Lucy Bergstrom, 104 North Aurora
Historic Ithaca,
Ebert)
Timothy Snow, 44 East Miller Road
Jim Blizzard, 44 East Miller Road
Alice Reid, 105 Sheldon Road
Street (representing
read letter from Barbara
Andrea Clardy, 616 Cayuga Heights Road, Board Chair of the Hangar
Theatre, addressed Council on the matter of the Strand Theatre.
She said that knowing what she has learned as a member of the
Hangar Board, by listening to her colleagues on that Board and to
other organizations within the Community Arts partnership, she is
left with real skepticism and concern regarding the future of the
Strand Theatre. Ms. Clardy referred to a statement sent to the
Council by Richard Driscoll from the Community Arts Partnership
that the Hangar Board wholeheartedly endorses.
Ms. Clardy stated that the concluding statement in the Community
Arts Partnership memo reads as follows: "After much
consideration, first within the context of and with much
discussion on the part of each of our Organizations and Boards of
Directors and then as an Arts Community we are not prepared at
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251
February 6, 1991
this point to endorse the Strand Theatre as the solution to the
lack of performing arts space. There is simply too much we do
not know. We have grave reservations concerning the regular use
of the Strand given its size; we have reservations concerning the
current ambiguity regarding management arrangements." She stated
further that she hopes the City will proceed with caution as it
will be very difficult, if not impossible, to operate this
building at a profit and the City may find itself making
difficult choices regarding the kinds of things they cannot do if
the Strand requires continuing support from the city.
Mr. Alan Cohen, 110 North Aurora Street, representing the
Downtown Business Community, referred to a letter sent to the
Mayor regarding the Strand. He urged Council not to extend the
deadline for the sale of the Strand Theatre.
Concerns of Black Community
Mr. Art Watkins, 800 South Plain Street, addressed Council
regarding racial tension between black youths and city Police
Officers. He stated that he is in touch with a lot of members of
the black community and he has heard numerous stories of police
D harassment. He is concerned about the relationship between the
m black community and the Police Department and urged the Mayor and
Q Common Council to look into the allegations.
Mr. Gregory Rolle spoke to Council on the matter of the
relationship between the black community and City Police
Officers. He stated that he feels tension between the Police
Department and the black community is widespread. He feels that
people are very angry and that some blacks may start a class
action suit against the City. He asked that this matter be taken
seriously and a dialogue be started without delay between the
Police and black community.
Pogo Parcel - Mutual Housing Association
The following persons spoke to Council in support of the Mutual
Housing Association proposal to build affordable housing on the
Pogo Parcel:
Jan Douglas
Jeff Greuber
Dorothy Sholeen
Edward Sisson
Diane Sams
Robert Balder
2133 Mecklenburg Road
Pres., Mutual Housing Assoc.
206 N. Titus Avenue
930 Comfort Road, Spencer, NY
30 Renwick Heights Road
Executive Dir., Mutual Housing
Association
Route 13 Widening
Guy Gerard spoke to Council regarding the Route 13 widening
project which is on tonight's agenda (Item 18.1). He thinks the
City should agree to have the abutments removed only after an
agreement that the DoT look favorably upon the decision of the
preference of the City regarding this project.
RESPONSE TO THE PUBLIC:
Black Community Concerns
Alderperson Romanowski stated if there is a problem in the black
community, he is always available to his constituents to discuss
the problem. He referred to his commitment to represent his
Ward and stated that he is always available by phone or in person
when someone needs to talk with him.
Alderperson Cummings stated that she and her colleagues in the
First and Second Wards have worked very hard to represent the
black community in this City. She remarked that for seven and a
half years on Council she has prided herself on representing the
black community and at times has taken considerable "heat" in
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February 6, 1991
doing so when it comes to issues of affordable housing and the
perceived relationships between the minority community and the
Police Department. She further commented that she looks forward
to working with the black community as she always has.
Alderperson Booth asked the Mayor to find the appropriate means
of informing Council as to what the circumstances are and what is
going on in the black community.
Mayor Nichols stated that he would be happy to do that. He said
that the City has an excellent Police Community Board that is
completely wide open to hear complaints and suggestions of anyone
in the community. He stated that he is sure the Police Chief and
the Board are ready, willing, and open to do whatever they can to
meet with the community, to listen, to correct abuses if there
are any, and to establish better relations.
Alderperson Golder stated that there is obviously something going
on between the black community and the Police that the Council
needs to pay attention to and he would like to have the Council
go to the meeting that Mr. Rolle mentioned that will be held on
February 21st at the Southside Center. He also asked that John
Johnson include in the upcoming Human Services agenda a time for
the Departments, including the Police Department to come and
speak with the committee and give a report of problems and
issues.
Alderperson Blanchard stated that she will be following up on the
remarks made by Mr. Watkins and looking into his allegations.
She also stated that a few months ago she met with Mr. Rolle to
clarify some remarks he had made on a TV panel show and he never
mentioned any of these concerns at that time. She also sees him
on the average of three times a week on the street, etc. and he
has never talked with her about any of these problems mentioned
tonight.
Strand Theatre
Alderperson Golder stated that he does not believe there is any
problem in extending the time for the sale of the Strand Theatre
until August. He reminded Council that the grant that Historic
Ithaca applied for was rejected on a technicality.
Mayor Nichols remarked that all the people looking at the issues
concerning the revitalization of downtown, including the Culture
and Arts Committee, are tremendously concerned and recognize the
necessity for space for the performing arts, space for artists,
rehearsal space, etc., as an integral part of downtown
revitalization.
REPORT OF THE BOARD OF REPRESENTATIVES:
Mr. Eric Lerner, First Ward Representative, addressed Council on
the following matters:
Chair of the Board of Reps - Mr. James Mason has been elected as
Chair of the Board of Representatives for 1991.
TV Coverage of the Board of Reps - TV coverage of the Board of
Representatives is set to begin with their next meeting.
Budget Cuts - The County may be losing between $800,000 and $1
million in anticipated State Aid in the 1991 budget.
Mental Health Building - The new Mental Health Building on Green
Street has opened.
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February 6, 1991
Solid Waste Committees - There are two new committees. First,
there is a Standing Committee of the Board of Representatives
which will be the Solid Waste and Resource Management Committee.
That will take over the solid waste related functions that had
been previously in Public Works and Construction Management
Committee. That Committee will be chaired by Beverly Livesay.
The other members will be Barbara Mink, Tom Todd, Mary Call and
Charlie Evans. Secondly, there is a new Solid Waste Management
Advisory Committee, as was mentioned earlier this evening. There
has been developed a rather complex procedure for appointing
people to this committee. Mr. Lerner explained to Council how
the appointments to the committees will be handled by the County.
REPORT OF CITY BOARDS COMMITTEES AND COMMISSIONS:
Board of Public Works
Comm. Reeves reported to the Council on the following matters
from the Board of Public Works:
East State Street Project - The preliminary plans for the
(� landscape restoration on East State Street have been prepared and
they are being reviewed for implementation in the Spring.
Cayuga Street Bridge (over Cascadilla Creek) Replacement Project
- The project will hopefully go to bid in March and work will
Q start in June to completely remove and replace the bridge. The
Board will be working closely with the Department to be sure that
there is a plan for adequate publicity for the project.
DPW Consolidation - Discussions are continuing on the Department
of Public Works consolidation.
Scavenger Day - The Board is discussing the methods that could be
used for a "Scavenger Day" in the City. Comm. Reeves will keep
the Council informed.
Police Department
Black Community Concerns
Police Chief McEwen stated that in regard to the comments made
tonight in the public portion of the meeting, he wished to
emphasize that he is genuinely concerned about the relationship
between the police and the minority communities. He said that
the Police Community Board has been very open to any suggestions
that come to them in regard to problems. It is a well rounded
Board and represents all segments of the community.
Chief McEwen stated that he was not aware that there was any
crisis; nobody has come to him. He urged Mr. Watkins or any one
else to come to the Community Police Board or meet with him with
any problems that may be occurring in the black community.
COMMUNICATIONS FROM THE MAYOR:
Central Processing Facility
Mayor Nichols reported that permit hearings for the Central
Processing Facility on Commercial Avenue will be held at the end
of February. He stated that it is important that the City and
County work together to mitigate potential environmental
problems and any losses in property or taxes that might result
from the placement of that facility.
County Parking for Mental Health Building
Mayor Nichols stated that there is discussion ongoing in regard
to parking for the Mental Health Building. He stated that the
County should be subsidizing, in some way, the additional load on
our parking as a result of the Mental Health Building going into
operation.
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February 6, 1991
Downtown Vision Task Force
Mayor Nichols reported that the Downtown Vision Task Force is
expected to complete its work on February 19th. They will be
meeting on that date and Council members are requested to try to
attend that meeting.
Governor's Proposed Budget
Mayor Nichols stated that if the Governor's proposed budget is
adopted by the Legislature it will have a profound effect on this
year's City budget. In next year's budget it means a one million
dollar cut in State aid.
CITY CONTROLLER'S REPORT:
Budget Cuts
City Controller Cafferillo stated that the amount cut from this
year's City budget, may be three - quarters of a million dollars.
He said that we have already reduced our expected State aid by
ten percent or $250,000.
Mr. Cafferillo stated that as his office receives information
they will be circulating it to Council members and Department
Heads.
CITY ATTORNEY'S REPORT:
Central Processing Facility Case
City Attorney Guttman stated that the lower court decision
.regarding the City's case against the County was upheld by the
Appellate Division in favor of the County.
Hydropower License
City Attorney Guttman reported that the City has received an
order from FERC in which they have accepted the surrender of the
hydropower license for Fall Creek.
Building Code Violations
City Attorney Guttman reported on several Building Code Violation
cases that were heard in Court.
Action Against City, County, and District Attorney Dentes
City Attorney Guttman stated that Warren and Wanda Telfair have
sued the City involving an incident that occurred in September
1988 when City Police Officers seized from the premises at West
Green Street a sum in excess of $1,000 pursuant to a search
warrant issued by Judge Sherman. The issue was the return of
that money.
He said that the matter has been negotiated with the Telfair's
attorney and the case against the City has been dismissed.
Purchase of "Heffron Parcel" at the Water Shed
City Attorney Guttman reported that on January 9, 1991 the City
acquired the Water Shed property known as the "Heffron Parcel"
for an amount of $57,500. It is approximately a 25 acre parcel
of land and the City is now working out the negotiations with the
individual who purchased the other portion of the property to get
a conservation easement for the back 200 feet.
Purchase of Property at 201 -205 East Tompkins Street
City Attorney Guttman reported that the City purchased the
property at 201 -205 East Tompkins Street (the B T Glass Building)
on January 24, 1991 for $163,500. This property is to be
renovated and used for day care.
ACC - Weather Channel
In response to Alderperson Cumming's question regarding the
weather channel being removed from ACC Cablevision, City Attorney
Guttman stated that he will check on the matter.
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261
February 6, 1991
HUMAN SERVICES COMMITTEE:
Homeless Task Force - Report
Alderperson Blanchard reported that the Red Cross Shelters are
working at approximately 92% of capacity. They sheltered 35
adults and 7 children during the month of January for a total of
350 bed nights.
Alderperson Blanchard stated that the Economic Opportunity
Shelter which has been operating out of No. 6 Fire Station had 6
people in total during the month of January for 107 bed nights.
She reported that shelter has obtained a lease agreement on the
Galvin property on the corner of Plain and West State Streets
and they will be moving into that property in April.
Alderperson Blanchard reported that the Task Force for Battered
Women sheltered 6 women and 9 children during January for a total
of 170 bed nights.
The Department of Social Services did not have their numbers
00 totaled for January. However, their hotel usage is up quite a
G) bit from November and December and they have noticed over the
month of January that the number of evictions appears to be up
m and there are a number of new emergency intakes.
Q Chartwell House, our first major SRO is almost completely rented
and seems to be working out very well.
Department Head Evaluations - Report
Alderperson Cummings reported that members have been working to
get additional guidelines together on the evaluations and that
material will be circulated to Council members.
Streamlining Human Service Funding Review Process - Report
Alderperson Cummings stated that the process is being worked on
by the Human Services Coalition and Ms. Beins from the Coalition
will report back to the Committee on the matter.
City Role in Human Service Funding - Report
Alderperson Cummings stated that there has been a memo from the
Mayor to the Committee regarding City funding of Human Services
Grant applications. She said the Committee will be discussing
the matter with individual agencies at their next meeting.
Discussion followed on the floor. Mayor Nichols explained that
what his memo suggested was that agencies who are only going
to the County and the City for funding requests are not being
fair to City taxpayers. If they go to one agency it should be
the County. If they are going to multiple agencies, (Town of
Ithaca, Lansing, etc.) then of course, the City will be willing
to participate.
CHARTER AND ORDINANCE COMMITTEE:
* 16.1 A Local Law Amending Article II, Entitled 'City
Officers'. Section 2.23(1) Entitled 'Assistants and Deputies' and
Section 2.27(l) Entitled 'City Officers Appointed by the Mayor:
Procedure for Appointment and Removal' of the Ithaca City
(4wo., Charter.
By Alderperson Peterson: Seconded by Alderperson Romanowski
LOCAL LAW NO. OF THE YEAR 1991
CITY OF ITHACA
A local law amending Article 2 of the Ithaca City Charter.
BE IT ENACTED by the Common Council of the City of Ithaca,
New York, as follows:
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February 6, 1991
Section 1. Article 2. Section 2.23(1) of the Ithaca City
Charter is hereby amended to read as follows:
"Section 2.23. ASSISTANTS AND DEPUTIES
1. The Common Council may create, establish or abolish the
offices of deputy city controller, deputy city chamberlain,
deputy city clerk, deputy building commissioner, deputy director
of planning and development and deputy fire chief and assistant
superintendent of public works and assistant city attorney. The
assistant city attorney must be a resident of Tompkins County,
New York. It is not necessary that the assistant city attorney
be a resident of the City of Ithaca. Such officers shall
generally assist their superiors in the execution of their powers
and duties and may perform such part or portion of such duties as
designated by such superiors; and in the absence, inability or
temporary vacancy of their respective superiors, to act as such
and when so acting, shall have all the powers of such office.
2. Section 2.27(1) of the Ithaca City Charter shall be
amended to read as follows:
"Section 2.27. CITY OFFICERS APPOINTED BY `THE MAYOR:
PROCEDURE FOR APPOINTMENT AND REMOVAL
1. The following officers of the city shall be appointed by
the mayor in the manner provided herein: superintendent of
public works; fire chief; youth bureau director; building
commissioner; city controller; city clerk; director of planning
and development; city chamberlain; personnel administrator;
assistant city attorney; and purchasing agent.
Section 3. This local shall take effect immediately after
filing with the office of the Secretary of State.
Carried (8 -0)
Alderperson Cummings out of room at time of vote.
* 16.2 A Local Law Amendinq_Article II, Entitled 'City Officers'
Section 2.27(4) Entitled 'City Officers Appointed bV Mayor:
Procedure for Appointment_ and Removal' of the Ithaca City Charter
By Alderperson Peterson: Seconded by Alderperson Romanowski
LOCAL LAW NO. OF THE YEAR 1991
CITY OF ITHACA
A local law amending Article 2 of the Ithaca City Charter
BE IT ENACTED by the Common Council of the City of Ithaca,
New York, as follows:
Section 1. The title to Section 2.27 of the Ithaca City
Charter is hereby amended to read: Section 2.27 City Officers
Appointed by the Mayor and Common Council: Procedure for
Appointment, Discipline, and Removal.
Section 2. Section 2.27(4) of the Ithaca City Charter is
hereby amended to read as follows:
114. Any officer of the City who is appointed as provided
herein, or who is already appointed at this time by any other
appointment method, may be disciplined or removed in accordance
with the following procedure:
a. No permanently appointed officer shall be disciplined
or discharged without just cause.
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February 6, 1991
b. The Mayor shall be vested with the authority, on behalf
of Common Council, to commence disciplinary action against
officers appointed pursuant to this section. In addition, Common
Council, by the affirmative vote of at least two - thirds of its
members (taken in executive session) , may commence the procedure
for the removal of any officer holding permanent appointment
pursuant to this section.
c. The Mayor shall provide an officer against whom
(woe disciplinary action is being commenced with a written notice
which specifies the action being taken and the reason(s) why.
The Mayor shall notify the chairperson of the appropriate Common
Council committee as defined in the department head performance
evaluation procedure, whenever disciplinary action is commenced
pursuant to this section.
d. Any officer holding permanent appointment pursuant to
this section may be removed, following notice as provided herein:
CO 1. By the Common Council by the affirmative vote of at
least two - thirds of its members; or
2. By the Mayor with the approval of a majority vote of
m Common Council.
Q e. An officer may challenge a disciplinary action commenced
pursuant to this section by requesting a due process hearing, in
writing, within ten days of the receipt of the notice that a
disciplinary action is being commenced.
f. Common Council shall commence a due process hearing, if
requested by the officer, within forty -five days of the receipt
of the request. Such due process hearing shall then be conducted
expeditiously. Common Council shall have the authority to
appoint a hearing officer. Common Council may delegate to this
hearing officer the authority to conduct the hearing, make
findings of fact, and /or determine all issues including whether
any disciplinary action should be sustained, rescinded or
modified. Common Council, by the majority vote of its members,
or a hearing officer if appointed and delegated with the
appropriate authority, may sustain, rescind or modify the
disciplinary action. The decision of the majority of Common
Council or the decision of the hearing officer, if appointed,
shall be final and binding on all parties except for the right of
the department head to pursue appeal to the court of appropriate
jurisdiction.
g. Officers appointed pursuant to this section on a
provisional or probationary basis may be removed by the Mayor or
by a vote of two - thirds of the members of Common Council in
accordance with the provisions of the Civil Service Law.
i. An officer has the right to be represented by an
attorney, or other representative of his /her choice, at every
stage of this disciplinary procedure.
j. This procedure shall be used in lieu of Sections 75 and
76 of the Civil Service Law and shall replace the provisions of
said sections.
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h.
No disciplinary action shall be commenced against a city
officer
more than two years after
the occurrence of the alleged
act(s)
for which discipline
is being considered; provided,
however,
that such limitation
shall not apply where the alleged
act(s) would, if proven in a
constitute a criminal offense.
court of appropriate jurisdiction,
i. An officer has the right to be represented by an
attorney, or other representative of his /her choice, at every
stage of this disciplinary procedure.
j. This procedure shall be used in lieu of Sections 75 and
76 of the Civil Service Law and shall replace the provisions of
said sections.
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2 6 1
February 6, 1991
Section 3. Effective date. This local law shall take
effect immediately after filing with the office of the Secretary
of State.
Carried (8 -0)
Alderperson Cummings out of room at time of vote.
RECESS:
Common. Council recessed at 8:50 p.m. and reconvened in regular
session at 9:05 p.m. --,J
BUDGET AND ADMINISTRATION COMMITTEE:
* 17.1 Approval of 1989 City of Ithaca Single Audit Report
By Alderperson Booth: Seconded by Alderperson Peterson
RESOLVED, That the Single Audit Report for the period of January
1, 1989 through December 31, 1989, prepared by the Accounting
Firm of Ciaschi, Dietershagen, Schaufler, and Mickelson C.P.A.'s,
be accepted to comply with all of the City's applicable Federal
Single Audit and Related Audit requirements.
City Controller Cafferillo explained the Single Audit Report that
is required of all municipalities that receive in excess of
$100,000 in Federal Aid in any single or fiscal year.
A vote on the resolution resulted as follows:
Carried (8 -0)
Alderperson Cummings out of room at time of vote.
* 17.2 Request to Release Funds from
Restricted Contingency
By Alderperson Booth:
Seconded by Alderperson Blanchard
RESOLVED, That funds
Contingency Funds for
placed in the
the creation of
Water and Sewer Restricted
an Assistant Superintendent
of Water and Sewer, be
transferred as
follows:
A. Transfer $23,000 from F1990 Restricted Contingency to F8311-
105 Water Fund Administration.
B. Transfer $23,000 from G1990 Restricted Contingency to G8111-
105 Sewer Fund Administration
and be it further
RESOLVED, That the Board of Public Works be authorized to fill
said position at the minimum salary level without review by the
Vacancy Committee established by this Common Council.
Amending Resolution
By Alderperson Booth: Seconded by Alderperson Peterson:
RESOLVED, That the first Resolved Clause read as follows:
"That funds placed in the Water and Sewer Restricted Contingency
Funds for the creation of an Assistant Superintendent of Water
and Sewer, be transferred to the following accounts, subject to
the Department of Public Works' reducing the Department's
expenditures for salaries within a two month period, with the
approval of Common Council, by an amount that equals that amount
that the filling of this Assistant Superintendent position will
impose on the General Fund, such amount to be determined by the
City Controller:" (Remainder of Resolution remains the same).
Alderperson Booth explained the Amending Resolution.
Discussion followed on the amendment with Alderperson Booth and
Vice -Chair of Board of Public Works Reeves answering questions
from Council.
12
265
February 6, 1991
A vote on the Amendment resulted as follows:
Ayes (7) Booth, Peterson, Golder, Romanowski, Blanchard,
Hoffman, Schroeder
Nay (1) Daley
Carried
Alderperson Cummings out of room at time of vote.
(Woo" Main Motion as Amended
A vote on the Main Motion as Amended resulted as follows:
Ayes (8) Booth, Peterson, Golder, Romanowski, Blanchard,
Hoffman, Schroeder, Daley
Carried (8 -0)
Alderperson Cummings out of room at time of vote.
* 17.3 Request for Revision of Assistant City Attorney Position
By Alderperson Booth: Seconded by Alderperson Golder
co RESOLVED, That the position of Assistant City Attorney be
M assigned to the City of Ithaca Managerial Compensation Plan at a
-� 1991 salary range of $34,601 - $54,930, and be it further
co RESOLVED, That the Personnel Administrator be authorized and
Q directed to file a petition with the Public Employment Relations
Board to designate the position of Assistant City Attorney as a
managerial position pursuant to Section 201.7(a) of the New York
State Civil Service Law.
Carried (8 -0)
Alderperson Cummings out of room at time of vote.
* 17.4 Request to Hire Architect for City Court Facility Program
and Site Evaluation Analysis
By Alderperson Booth: Seconded by Alderperson Daley
WHEREAS, the City Court Review Committee has been directed by the
Mayor and Common Council to select an architectural firm to
provide architectural services for the Court Facility Plan
adopted by Council on August 3, 1989, and
WHEREAS, the Review Committee issued a Request for Proposals to a
number of architectural firms, evaluated those proposals,
interviewed three architectural firms and, as a result,
recommended Perkins, Geddis, Eastman Architects for this project;
now, therefore, be it
RESOLVED, That Perkins, Geddis, Eastman Architects be retained by
the City to provide architectural services for the program and
site evaluation analysis for the City Court and Police
Department, which constitutes the first phase of work for this
project, and be it further
RESOLVED, That the Mayor, upon the recommendation of the City
Attorney be authorized to execute a contract with Perkins,
Geddis, Eastman for this first phase of work for a contract
amount not to exceed $16,200.
Carried (8 -0)
Alderperson Cummings out of room at time of vote.
* 17.5 Request to Increase Authorization for City Court Facility
Capital Pro-iect #242
By Alderperson Booth: Seconded by Alderperson Daley
WHEREAS, the architectural firm of Perkins, Geddis and Eastman
has been engaged to perform a program and site evaluation
analysis for the City Court and Police Department, and
13
February 6, 1991
WHEREAS, a preliminary review of the existing Hall of Justice
indicates that significant improvements in energy conservation,
staff efficiency and economies of scale during construction may
be gained by renovating the Police Department space in
conjunction with the City Court expansion; now, therefore, be it
RESOLVED, That Capital Project #242 for the construction and /or
reconstruction of a City Court Facility be increased from
$1,3000,000 to $2,000,000., and be it further
RESOLVED, That the additional financing for said project be
provided by appropriating the required down payment of $35,000
from Capital Reserve #24 for energy conservation improvements and
by the issuance of serial bonds in the amount of $665,000.
Carried (8 -0)
Alderperson Cummings out of room at time of vote.
* 17.6 Authorize Mayor to Execute Sale of Fire Station No. 6
By Alderperson Booth: Seconded by Alderperson Romanowski
WHEREAS, this Common Council, by resolution duly adopted at its
regular meeting on May 2, 1990, declared that as soon as Fire
Station No. 6 located at 626 West State Street is vacated by the
Fire Department the property will no longer be needed for
general City purposes and will be surplus property, and
authorized the City Attorney to initiate the procedure for sale
of such property, and
WHEREAS, the Board of Fire Commissioners, at its regular meeting
on December 11, 1990, declared that effective December 12, 1990,
Fire Station No. 6 is vacated and no longer needed for Fire
Department purposes , and
WHEREAS, this Common Council, by resolution duly adopted at its
regular meeting on November 7, 1990, directed the City Attorney
to take all necessary steps to sell Fire Station No. 6 to the
highest bidder by receiving sealed bids subject to the condition
that this Council, by majority vote, reserved the right to reject
any bid under $210,000., and
WHEREAS, the sale of the property by sealed bids has been duly
advertised and sealed bids have been received and reviewed, and
WHEREAS, the highest bid received was the bid from Bangs
Ambulance, Inc., in the amount of $225,666.00., and
WHEREAS, this Council, by resolution duly adopted at its regular
meeting on January 2, 1991, accepted the offer from Bangs
Ambulance, Inc. and directed the City Attorney to negotiate a
contract for the transfer of the said property, and
WHEREAS, the City Clerk has given the appropriate public notice
that this Council shall consider the approval of this contract at
this meeting; now, therefore, be it
RESOLVED, That the Mayor is hereby authorized to enter into the
contract with Bangs Ambulance, Inc. for the transfer of said
property and that he is further authorized to execute and deliver
all necessary and appropriate documents to consummate the
transfer of this property.
Carried (8 -0)
Alderperson Cummings out of room at time of vote.
14
J
267
February 6, 1991
* 17.7 Authorize Mayor to Execute Ironics, Inc. /Option Agreement
By Alderperson Booth: Seconded by Alderperson Blanchard .
WHEREAS, City staff has been negotiating the sale of
approximately 5,300 sq. ft. of land in Carpenter Business Park to
V. Giordano, landlord to Ironics, Inc. to allow the construction
of a 3,000 sq. ft. addition to a building leased to Ironics, and
WHEREAS, this sale is important, in retaining Ironics, Inc. in
the City and adding ten to twelve new jobs during the next
twenty -four months, and
WHEREAS, city staff has also negotiated an option agreement with
Ironics, Inc. for a 2.6 acre site within Carpenter Business Park,
and
WHEREAS, this option agreement provides the City with the first
opportunity to retain Ironics in the City over the long term,
thereby fulfilling the goals of job retention and creation as
described to the Federal funding agencies participating in the
(� development of Carpenter Business Park, and
WHEREAS, execution of the sale and option agreement will be
essential to persuading one of these agencies to remain involved
in this project; now, therefore, be it
Q RESOLVED, That the Mayor, subject to the review of the City
Attorney be authorized to execute the necessary legal documents
to finalize the sale and option agreements in accordance with the
following terms and conditions:
1. Sale of approximately 5,320 sq. ft. of land in Carpenter
Business Park
Price: $ 1.04 /sq. ft. or $5,532.80 based on the
approximate square footage above.
Terms: Certified check at closing
Title: Bargain and Sale Deed
Seller to convey a marketable title. City to have an
easement for ingress /egress over the approximate ten foot
strip of land to be conveyed.
2. Option Agreement for 2.6 acre site in Carpenter Park
a. Option Term: 2 years
b. Option Fee: $1,500 per year for entire 2.6
acre site
3. Should Ironics elect to exercise the option, one -half of the
option fee will be applied to the first year's lease
payment.
4. If the City locates a tenant interested in this particular
site, Ironics will have a 30 -day notice to decide to
exercise the option. If Ironics decides not to exercise the
option, all option fees will be returned to Ironics and the
City will regain full control of the site.
Discussion followed on the floor.
Alderperson Cummings returned to meeting at 9:35 p.m.
Alderperson Hoffman explained that although he was in favor of
selling the land, he objects to the terms. The proposed price
reflects the federal subsidy; he opposes granting that subsidy in
this case because the City is not receiving the same kinds of
commitments that other tenant /purchasers must make, such as the
employment maintenance policy.
15
February 6, 1991
A vote on the resolution resulted as follows:
Ayes (8) - Booth, Romanowski, Blanchard, Peterson, Daley,
Cummings, Schroeder, Golder
Nay (1) - Hoffman
Carried (8 -1)
* 17.8 Request for Extension of GIAC Pool Contract
By Alderperson Booth: Seconded by Alderperson Peterson
WHEREAS, on September 27, 1989 an agreement was executed between
the City of Ithaca and Hoffman, O'Brien, Look & Taube, PC, for
schematic design phase services for the GIAC pool, and
WHEREAS, the time period of the original agreement has expired,
and
WHEREAS! HOLT has proposed an amendment to extend the original
agreement, and
WHEREAS, the amendment specifies higher hourly rates for
architectural and consultant services but states that the NOT -to
Exceed Fee Limit shall be maintained, and
WHEREAS, the current amendment cancels a previous amendment
increasing HOLT's services and fees for the site plan review
process in anticipation that site plan review for this project
may ultimately be undertaken by staff in the Department of
Planning and Development; now, therefore, be it
RESOLVED, That the Common Council approves Amendment No. 89043C
dated February 6, 1991, as proposed by the architectural firm of
Hoffman, O'Brien, Look & Taube.
Carried Unanimously
* 17.9 Request to Increase Authorization for Computer
Acquisition Capital Project #211
By Alderperson Booth: Seconded by Alderperson Peterson
WHEREAS, the Finance Department, the Police Department, and the
Parking Meter Division of the Department of Public Works have
recommended that Hand Held Computers and related Hardware and
Software be acquired to improve the efficiency of the City's
Traffic Violations Enforcement System, and
WHEREAS, the implementation of this system will decrease the
input component of traffic violations significantly, thereby
permitting the elimination of a vacant position within the
Finance Department, and
WHEREAS, the timely recording of unpaid tickets will increase the
collectibility of our outstanding fines; now, therefore, be it
RESOLVED, That Capital Project #211 Computer Acquisition be
increased by $75,000., to acquire ten Hand Held Computer Systems,
and related Hardware and Software required to upgrade our
existing traffic violation system, and be it further
RESOLVED, That the financing for such acquisition shall be
derived from the issuance of Bond Anticipation Notes to be
amortized over a five year period.
Carried Unanimously
* 17.10 Bond Resolution - Various 1991 Capital Projects
By Alderperson Booth: Seconded by Alderperson Peterson
BOND RESOLUTION DATED FEBRUARY 6, 1991.
y
A RESOLUTION AUTHORIZING THE ISSUANCE OF $2,847,720 SERIAL BONDS
AND THE APPROPRIATION AND EXPENDITURE OF $132,650 MONIES OF TIDE
CITY OF ITHACA, NEW YORK, TO PAY THE COST OF VARIOUS CAPITAL
IMPROVEMENTS FOR SAID CITY.
-1F.
261
February 6, 1991
WHEREAS, all conditions precedent to the financing of the capital
improvements 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 improvements; now, therefore, be it
(moo" RESOLVED, By the Common Council of the City of Ithaca, Tompkins
County, New York, as follows:
Section 1. For the specific objects or purposes or classes
of objects or purposes of paying costs of the capital
improvements specified in Section 2 hereof, there are hereby
authorized to be issued $2,847,720 serial bonds pursuant to the
provisions of the Local Finance Law, and there are hereby
authorized to be expended $132,650 current funds or reserve funds
of said City, which current funds or reserve funds are hereby
appropriated therefor.
co
Section 2. The capital improvements in and for the City of
Ithaca, Tompkins County, New York, for which such serial bonds,
bond anticipation notes, current funds and reserve funds, shall
be expended, whether a capital improvement is a specific object
or purpose or class of objects or purposes and the maximum
estimated cost of each of such capital improvements are as
follows:
a. The construction of a new Court Facility or the
reconstruction of the existing Hall of Justice, a specific object
or purpose, at a maximum estimated cost of $2,000,000;
b. The reconstruction of the State Street Pedestrian Mall,
a specific object or purpose, at a maximum estimated cost of
$158,250;
C. The reconstruction of the Youth Bureau Facility, a
specific object or purpose, at a maximum estimated cost of
$80,000;
d. The reconstruction of various fire stations, a class of
objects or purposes, at a maximum estimated cost of $84,000;
e. The installation of new heating and cooling systems in
City Hall, a specific object or purpose, at a maximum estimated
cost of $150,000;
f. The reconstruction of various sidewalks throughout the
City, a class of objects or purposes, at a maximum estimated cost
of $90,000;
g. The purchase of a street sweeper for the Department of
Public Works, a specific object or purpose, at a maximum
estimated cost of $92,000;
h. The reconstruction of various sewer lines, a class of
objects or purposes, at a maximum estimated cost of $120,000;
i. The purchase of a sewer cleaner, a specific object or
purpose, at a maximum estimated cost of $131,120; and
j. The payment of cost of computer equipment in connection
with the upgrading of various computer systems of said City, a
class of objects or purposes, at a maximum estimated cost of
$75,000.
17
February 6, 1991
Section 3. The plan for the financing of each of the
specific objects or purposes or classes of objects or purposes
set forth in Section 2 hereof shall consist of the issuance of
the serial bonds and bond anticipation notes, the expenditure of
current funds and the expenditure of monies from the Capital
Reserve Fund for Energy Improvements and from its Capital Reserve
Fund for Department of Public Works Equipment, which serial bonds
and monies shall be allocated as follows:
a. $1,900,000 serial bonds, $65,000 current funds and
$351000 monies from the Capital Reserve Fund for Energy
Improvements shall be allocated to pay the cost of the
construction of a new Court Facility or the reconstruction of the
existing Hall of Justice described in subdivision a of Section 2
hereof;
b. $150,400 serial bonds and $7,850 current funds to pay
the cost of the reconstruction of the State Street Pedestrian
Mall described in subdivision b of Section 2 hereof;
C. $76,000 serial bonds and $4,200 current funds to pay the
cost of the reconstruction of the Youth Bureau Facility described
in subdivision c of Section 2 hereof;
d. $79,800 serial bonds and $4,200 current funds to pay the
cost of the reconstruction of various fire stations described in
subdivision d of Section 2 hereof;
e. $142,500 serial bonds and $7,500 current funds to pay
the cost of the installation of new heating and cooling systems
in City Hall described in subdivision e of Section 2 hereof;
f. $85,500 serial bonds and $4,500 current funds to pay the
cost of the reconstruction of various sidewalks throughout the
City described in subdivision f of Section 2 hereof;
g. $87,400 serial bonds and $4,600 moneys from the Capital
Reserve Fund for Department of Public Works Equipment to pay the
cost of the purchase of a street sweeper for the Department of
Public Works described in subdivision g of Section 2 hereof;
h. $120,000 serial bonds to pay the cost of the
reconstruction of various sewer lines described in subdivision h
of Section 2 hereof; and
i. $131,120 serial bonds to pay the cost of the purchase of
a sewer cleaner described in subdivision i of Section 2 hereof;
and
j. $75,000 serial bonds to pay the cost of computer
equipment described in subdivision j of Section 2 hereof.
Section 4. It is hereby determined that the period of
probable usefulness of the specific objects or purposes or
classes of objects or purposes set forth in Section 2 hereof are
as follows:
a. the period of probable usefulness of the aforesaid new
Court Facility or the reconstruction of the existing Hall of
Justice is twenty years, pursuant to subdivision 12(a)(1) of
paragraph a of Section 11.00 of the Local Finance Law;
b. the period of probable usefulness of the reconstruction
of the State Street Pedestrian Mall is twenty years, pursuant to
subdivision 80 of paragraph a of Section 11.00 of the Local
Finance Law;
W—*
February 6, 1991
C. the period of probable usefulness of the aforesaid
reconstruction of the Youth Bureau Facility is twenty years,
pursuant to subdivision 12(a)(1) of paragraph a of Section 11.00
of the Local Finance Law.
d. the period of probable usefulness of the aforesaid
reconstruction of various fire stations is twenty years, pursuant
to subdivision 12(a)(1) of paragraph a of Section 11.00 of the
Local Finance Law.
e. the period of probable usefulness of the aforesaid
installation of new heating and cooling systems is ten years,
pursuant to subdivision 13 of paragraph a of Section 11.00 of the
Local Finance Law.
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 faith and credit of said City of Ithaca,
Tompkins County, New York, are hereby irrevocably pledged for the
payment of the principal of and interest on such obligations as
the same respectively become due and payable. An annual
appropriation shall be made in each year sufficient to pay the
principal of and interest on such obligations becoming due and
payable in such year.
Section 7. 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
19
f. the
period of probable
usefulness of
the aforesaid
reconstruction
of various sidewalks
is ten years,
pursuant to
subdivision 24
of paragraph a of
Section 11.00
of the Local
(D
Finance Law.
g. the
period of probable
usefulness of
the aforesaid
m
purchase of a
street sweeper is
fifteen years,
pursuant to
the Local
subdivision 28
of paragraph a of
Section 11.00
of
Q
Finance Law.
h. the
period of probable
usefulness of
the aforesaid
reconstruction
of various sewer lines is forty years,
pursuant to
subdivision 4
of paragraph a of
Section 11.00
of the Local
Finance Law.
i. the
period of probable
usefulness of
the aforesaid
purchase of a sewer cleaner is
thirty years,
pursuant to
subdivision 4
of paragraph a of
Section 11.00
of the Local
Finance Law; and
j. the
period of probable
usefulness of
the aforesaid
purchase of computer
equipment in
connection with
the upgrading
of various computer systems is
five years,
pursuant to
subdivision 32
of paragraph a of
Section 11.00
of the Local
Finance Law.
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 faith and credit of said City of Ithaca,
Tompkins County, New York, are hereby irrevocably pledged for the
payment of the principal of and interest on such obligations as
the same respectively become due and payable. An annual
appropriation shall be made in each year sufficient to pay the
principal of and interest on such obligations becoming due and
payable in such year.
Section 7. 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
19
February 6, 1991
2) The provisions of law which should be complied with at
the date of publication of this resolution are not substantially
complied with,
and an action, suit or proceeding contesting such validity is
commenced within twenty days after the date of such publication,
or
3) Such obligations are authorized in violation of the
provisions of the Constitution.
Section 8. 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.
City Controller Cafferillo explained the Bond Resolution.
A roll call vote on the foregoing resolution resulted as follows:
Aye
- Romanowski
Aye -
Blanchard
Aye
- Cummings
Aye -
Hoffman
Aye
- Peterson
Aye -
Daley
Aye
- Golder
Aye -
Schroeder
Aye
- Booth
Absent
- Johnson
Carried
* 17.11 Request for Extension of Time Frame for Vacancv
Committee Recommendation
By Alderperson Booth: Seconded by Alderperson Hoffman
WHEREAS, the Vacancy Review Committee was established by Common
Council at its meeting of November 7, 1990, "effective
immediately and authorized to operate until February 6, 199111,
and
WHEREAS, the need for an in depth review of all vacant positions
within City Government continues to exist; now, therefore, be it
RESOLVED, That the Review Committee, consisting of the Mayor and
the Chair and Vice -Chair of the Budget and Administration
Committee, working in consultation with the City Controller and
the appropriate Department Head, be authorized to continue
through December 31, 1991.
Ayes (8) - Booth, Hoffman, Peterson, Cummings, Golder
Romanowski, Blanchard, Schroeder
Nay (1) - Daley
Carried
* 17.12 Request for Employee Incentive Award
By Alderperson Booth: Seconded by Alderperson Daley
WHEREAS, the City Controller and City Chamberlain have
recommended Office Manager Joyce Day for an employee incentive
aware pursuant to the terms of the CSEA Administrative Contract,
and
WHEREAS, the City Controller and City Chamberlain have provided
the Budget and Administration Committee with substantial
justification for granting this Employee Incentive Award, and
WHEREAS, the City Controller and City Chamberlain's
recommendation complies with the procedures and guidelines
outlined in the CSEA Administrative Unit Contract; now,
therefore, be it
20
19
4,7;
February 6, 1991
Alderperson Golder said that besides his other arguments about
how merit pay is not a fair way to go, and it is not available to
all employees equally, he does not think merit should be used in
the process of changing the department. Therefore, he will be
voting against the merit increases and will be voting for the
other salary adjustments because those people are not covered by
co
co the contract.
D Discussion followed on the floor.
m A vote on the resolution resulted as follows:
Ayes (8) - Booth, Romanowski, Peterson, Cummings, Daley,
Hoffman, Schroeder, Blanchard
Nay (1) - Golder
Carried
* 17.13 Finance - Request for Employee Incentive Award
By Alderperson Booth: Seconded by Alderperson Peterson
WHEREAS, the City Controller and City Chamberlain have
recommended Principal Account Clerk Marna McNeal for an employee
incentive award pursuant to the terms of the CSEA Administrative
Contract, and
WHEREAS, the City Controller and City Chamberlain have provided
the Budget and Administration Committee with substantial
justification for granting this Employee Incentive Award, and
WHEREAS, the City Controller and City Chamberlain's
recommendation complies with the procedures and guidelines
outlined in the CSEA Administrative Unit Contract; now,
therefore, be it
RESOLVED, That Marna McNeal's salary be increased by eight (8 %)
percent to an annual salary of $27,956., effective January 10,
1991.
Ayes (8) - Booth, Romanowski, Cummings, Daley, Schroeder,
Blanchard, Hoffman, Peterson
Nay (1) - Golder
Carried
* 17.14 Request to Adjust Employee Salary and Hours
By Alderperson Booth: Seconded by Alderperson Schroeder
WHEREAS, the elimination of an account clerk typist position
within the Finance Department will adversely affect the City
Chamberlain's ability to schedule office personnel; now,
therefore, be it
RESOLVED, That in the interest of providing the City Chamberlain
additional flexibility in the scheduling of officer personnel,
the established work week of Senior Account Clerk Deborah Griffen
be increased from 35 hours to 40 hours per week, and be it
further
21
RESOLVED, That
Joyce Day's salary be increased by
eight (8 %)
percent to an
annual salary of $29,029., effective
January 10,
1991.
Alderperson Golder stated, for the record, that he
is going to
find himself in
the position of voting against some
pay raises
but in favor of others. He said that obviously he
wants City
employees who
are very hard working to make better
and better
(40000,
pay. The two
with a certain
merit increases on the agenda are in conjunction
restructuring of the department; basically there
will be fewer
people doing more work and of course these people
should be paid
more.
Alderperson Golder said that besides his other arguments about
how merit pay is not a fair way to go, and it is not available to
all employees equally, he does not think merit should be used in
the process of changing the department. Therefore, he will be
voting against the merit increases and will be voting for the
other salary adjustments because those people are not covered by
co
co the contract.
D Discussion followed on the floor.
m A vote on the resolution resulted as follows:
Ayes (8) - Booth, Romanowski, Peterson, Cummings, Daley,
Hoffman, Schroeder, Blanchard
Nay (1) - Golder
Carried
* 17.13 Finance - Request for Employee Incentive Award
By Alderperson Booth: Seconded by Alderperson Peterson
WHEREAS, the City Controller and City Chamberlain have
recommended Principal Account Clerk Marna McNeal for an employee
incentive award pursuant to the terms of the CSEA Administrative
Contract, and
WHEREAS, the City Controller and City Chamberlain have provided
the Budget and Administration Committee with substantial
justification for granting this Employee Incentive Award, and
WHEREAS, the City Controller and City Chamberlain's
recommendation complies with the procedures and guidelines
outlined in the CSEA Administrative Unit Contract; now,
therefore, be it
RESOLVED, That Marna McNeal's salary be increased by eight (8 %)
percent to an annual salary of $27,956., effective January 10,
1991.
Ayes (8) - Booth, Romanowski, Cummings, Daley, Schroeder,
Blanchard, Hoffman, Peterson
Nay (1) - Golder
Carried
* 17.14 Request to Adjust Employee Salary and Hours
By Alderperson Booth: Seconded by Alderperson Schroeder
WHEREAS, the elimination of an account clerk typist position
within the Finance Department will adversely affect the City
Chamberlain's ability to schedule office personnel; now,
therefore, be it
RESOLVED, That in the interest of providing the City Chamberlain
additional flexibility in the scheduling of officer personnel,
the established work week of Senior Account Clerk Deborah Griffen
be increased from 35 hours to 40 hours per week, and be it
further
21
�- Tl
February 6, 1991
RESOLVED, That Deborah Griffen's 1991 salary be increased to
$15,776., effective February 11, 1991, and be it further
RESOLVED, That this authorized increase in the number of hours
to
be worked by Deborah Griffen
shall be subject to
her
determination that she has been able to find satisfactory
day
care services for her children.
Carried Unanimously
* 17.15 Request for Employee Salary
Adjustment
By Alderperson Booth: Seconded by
Alderperson Schroeder
WHEREAS, increased responsibility,
including administration
of
the trash tag system and of the
dual installment county
tax
system, coupled with the reduction
in staff in the office of
the
City Chamberlain has significantly
increased the workload for
the
City Chamberlain, and
WHEREAS, Debra Parsons has accepted and performed all the
additional responsibilities imposed upon that office efficiently
and admirably, and
WHEREAS, based on the effective performance of City Chamberlain
Debra Parsons, the City Controller, as immediate Supervisor, and
the Mayor, as appointing Officer, have recommended a salary
increase; now, therefore, be it
RESOLVED, That Debra Parson's 1991 annual salary be increased to
$37,419, effective February 11, 1991.
Carried Unanimously
* 17.16 Request for Employee Salary Adiustment
By Alderperson Booth: Seconded by Alderperson Peterson
WHEREAS, the total staff within the Office of the City Clerk was
reduced from four to three individuals during 1990, and
WHEREAS, City Clerk Callista Paolangeli has accepted additional
duties in spite of such staff reduction,. including administrative
direction over the State Mandated Records Management System, and
the generation of minutes of various new boards and commissions,
and
WHEREAS, City Clerk Paolangeli has accepted all additional
responsibilities willingly and performed said duties effectively
and admirably, and
WHEREAS, as based on said performance, the City Controller, as
immediate Supervisor and the Mayor, as appointing Officer, have
recommended a salary increase; now, therefore, be it
RESOLVED, That Callista Paolangeli's 1991 annual salary be
increased to $38,112., effective February 11, 1991.
Carried Unanimously
* 17.17 Request for Relocation Expenses for Deputy City Clerk
By Alderperson Booth: Seconded by Alderperson Hoffman
RESOLVED, That the relocation moving expenses of Deputy Clerk ,
x
Julie Boyle be paid up to an amount not to exceed $800.
Carried Unanimously
* 17.18 Deletion of Account Clerk /Typist Position
By Alderperson Booth: Seconded by Alderperson Hoffman
WHEREAS, the Finance Department is revising the existing traffic
violations process under the immediate supervision of the City
Chamberlain, and
WHEREAS, the use of the Hand Held Computer Systems for the
issuance of traffic violation tickets shall reduce the amount of
repetitive input required by existing personnel, and
22
2ir,
February 6, 1991
WHEREAS, other adjustments in operations are currently being
implemented elsewhere within the Chamberlain's office in the
interest of reducing the existing personnel level; now,
therefore, be it
RESOLVED, That a vacant account clerk /typist position, which is
currently funded in the Chamberlain's Office at an annual salary
of $12,902 shall be deleted.
Carried Unanimously
* 17.19 Audit
By Alderperson Booth: Seconded by Alderperson Peterson
RESOLVED, That the bills presented, as listed on Audit Abstract
2/1991 in the total amount of $46,010.58 be approved for payment.
Carried Unanimously
* 17.20 Transfer of Carpenter Business Park from City of Ithaca
to Ithaca Urban Renewal Agency
By Alderperson Booth: Seconded by Alderperson Peterson
CO WHEREAS, the City of Ithaca has set aside City -owned land for use
M as a business park to be known as Carpenter Business Park, and
M WHEREAS, an administrative and managerial entity is required to
Q
oversee the leasing of sites in the facility, and
WHEREAS, the Common Council has established leasing guidelines
for the leasing of these sites, and
WHEREAS, the Ithaca Urban Renewal Agency has indicated a
willingness to assume a lead role in this project, and
WHEREAS, transfer of ownership of the premises to the Ithaca
Coo, Urban Renewal Agency will expedite all facets of development and
leasing of the business park, and
WHEREAS, federal agencies involved in the financing of the
project are agreeable to said transfer from the City of Ithaca to
the Ithaca Urban Renewal Agency; now, therefore, be it
RESOLVED, That the Mayor is directed, upon the advice of the City
Attorney and 'the Director of Planning and Development, to
effectuate the transfer of ownership of the premises to be used
as the Carpenter Business Park, or any part thereof to the Ithaca
Urban Renewal Agency.
City Attorney Guttman explained to Council the advantages of
transferring this property to the IURA. He stated that the
streets, the parking area and the Community Gardens will not be
transferred to the IURA.
Further discussion followed on the floor.
A vote on the resolution resulted as follows:
Ayes (8) - Booth, Romanowski, Peterson, Daley, Golder,
Cummings, Schroeder, Blanchard
Nay (1) - Hoffman
Carried
PLANNING AND DEVELOPMENT COMMITTEE:
*18.1 Route 13 Bridge Replacement Project
By Alderperson Hoffman: Seconded by Alderperson Daley
WHEREAS, Common Council by resolution on December 5, 1990 urged
the Department of Transportation to replace the deteriorated
bridges on Route 13 south of the City, and to retain the existing
two -lane width for Route 13, and
23
f 1
February 6, 1991
WHEREAS, the Department of Transportation on December 12, 1990
presented two new design alternatives for the Route 13 project-
- Plan 1C and Plan 2C -- both of which retain the existing two -
lane width of Route 13, and
WHEREAS, at the December 12 public information meeting, the
Department of Transportation received more comments and concerns
about the Route 13 project and its implications for traffic
safety; now therefore, be it
RESOLVED, That Common Council reaffirms its support for
replacement of the deteriorated bridges and for a project that
has basically the same two -lane width as the existing road; more
specifically, Common Council prefers Alternatives 1C and 2C over
the earlier design concepts, and be it further
RESOLVED, That Common Council's support of Alternative 1C or 2C
is not intended to oppose the inclusion of a third lane where
needed for turning, for example to provide safer access to the
proposed Zikakis Shopping Center, to the Gentle Touch Center for
Children, and at the intersections with Buttermilk Falls Road and
Sandbank Road, and be it further
RESOLVED, That while Common Council desires that a physical
demarcation remain between the City and the Town, the Council
does not oppose a modest "trimming back" of the western railroad
abutment to improve visibility, provided that such action does
not interfere with the feasibility of a grade separated crossing
of Route 13 by the Cayuga Inlet pedestrian /bicycle trail planned
by the City of Ithaca and Finger Lakes State Parks.
Alderperson Hoffman explained why the resolution was back before
Council and discussion followed on the floor.
Amending Resolution
By Alderperson Romanowski: Seconded by Alderperson Daley
RESOLVED, That in the last Resolved Clause, the words "a modest
'trimming back' of the western railroad abutment" be deleted, and
the words "the removal of the railroad abutments" be inserted in
its place.
Alderperson Romanowski explained his amendment and extensive
discussion followed on the floor.
Amending Resolution
Alderperson Schroeder offered the following amendment to the last
Resolved Clause:
RESOLVED, That the words "does not oppose a modest 'trimming
back' of the western railroad abutment" be deleted and the words
"supports the trimming back of the railroad abutments" be
inserted.
There was no second to Alderperson Schroeder's amendment.
Further discussion followed on Alderperson Romanowski's
amendment.
Amending Resolution
By Alderperson Golder: Seconded by Alderperson Hoffman
RESOLVED, That in the last Resolved Clause, the words "does not
oppose a modest 'trimming back' of the western railroad abutment"
be deleted and the words "supports the modification of the
western railroad abutment" be inserted.
Ayes (2) - Golder, Hoffman
Nays (7) - Booth, Peterson, Blanchard, Romanowski, Daley,
Schroeder, Cummings
24
Motion Fails
it
2 �7 1
February 6, 1991
Mayor Nichols called for a vote on the amendment as presented by
Alderperson Romanowski and seconded by Alderperson Daley.
The vote on the Amending Resolution was as follows:
Ayes (4) - Romanowski, Daley, Blanchard, Booth
Nays (5) - Cummings, Schroeder, Golder, Peterson, Hoffman
Motion Fails
(400,1 Amending Resolution
By Alderperson Schroeder: Seconded by Alderperson Daley
RESOLVED, That in the last Resolved Clause, the words "does not
oppose a modest 'trimming back' of the western railroad abutment"
be deleted and the words "supports the 'trimming back' of the
railroad abutments" be inserted in its place.
Ayes ( 4 )
Nays (5)
Motion Fails
CD Amending Resolution
M By Alderperson Schroeder: Seconded by Alderperson Daley
RESOLVED, That in the last Resolved Clause, the words "does not
m oppose a modest 'trimming back' of the western railroad abutment"
Q be deleted and the words "does not oppose a modest 'trimming
back' of the railroad abutments" be inserted in its place.
Ayes (3)
Nays (6)
Motion Fails
Amending Resolution
By Alderperson Booth: Seconded by Alderperson Romanowski
RESOLVED, That the last Resolved Clause be stricken from the
resolution.
Ayes (5)
Nays (4)
Motion Carries
Amending Resolution
By Alderperson Daley: Seconded by Alderperson Schroeder
RESOLVED, That in the first Resolved Clause, at the end of the
paragraph, the following words be added: "and reaffirms its
support for a grade separated pedestrian /bicycle crossing as part
of the design ".
Ayes (8) - Booth, Daley, Schroeder, Blanchard, Peterson,
Hoffman, Cummings, Golder
Nay (1) - Romanowski
Carried
The Resolution as amended shall read as follows:
WHEREAS, Common Council by resolution on December 5, 1990 urged
the Department of Transportation to replace the deteriorated
bridges on Route 13 south of the City, and to retain the existing
two -lane width for Route 13, and
WHEREAS, the Department of Transportation on December 12, 1990
presented two new design alternatives for the Route 13 project-
- Plan 1C and Plan 2C -- both of which retain the existing two -
lane width of Route 13, and
WHEREAS, at the December 12 public information meeting, the
Department of Transportation received more comments and concerns
about the Route 13 project and its implications for traffic
safety; now therefore, be it
25
February 6, 1991
RESOLVED, that Common Council reaffirms its support for
replacement of the deteriorated bridges and for a project that
has basically the same two -lane width as the existing road; more
specifically, Common Council prefers Alternatives 1C and 2C over
the earlier design concepts and reaffirms its support for a grade
separated pedestrian /bicycle crossing as part of the design, and
be it further
RESOLVED, that Common Council's support of Alternative 1C or 2C
is not intended to oppose the inclusion of a third lane where
needed for turning, for example to provide safer access to the
proposed Zikakis Shopping Center, to the Gentle Touch Center for
Children, and at the intersections with Buttermilk Falls Road and
Sandbank Road.
Main Motion as Amended
A vote on the Main Motion as Amended resulted as follows:
Ayes (6) - Hoffman, Booth, Cummings, Daley, Schroeder,
Golder
Nay (3) - Romanowski, Peterson, Blanchard
Carried
* 18.2 Route 96 Substitute Lands
By Alderperson Hoffman: Seconded by Alderperson Daley
WHEREAS, the accepted alternative for the Route 96 /Octopus
project requires utilization of certain park lands acquired in
part with federal funds administered through the National Park
Service, and
WHEREAS, federal law requires that in order to utilize these
park lands they be alienated and converted, and that substitute
land be acquired for use as park, and
WHEREAS, the NYSDoT has determined that it has the authority to
acquire the land required for substitution, and
WHEREAS, the NYSDoT has requested that the City of Ithaca make a
recommendation regarding which lands are to be acquired, and
WHEREAS, it has been proposed that a Recreation Way connecting
Cass Park to Buttermilk Falls State Park be constructed, and
WHEREAS, lands for the Recreation Way are an appropriate
substitute for the Park Lands to be used for the Route 96 /Octopus
improvement project, now, therefore, be it
RESOLVED, That Council does hereby approve the substitution of
Recreation Way land for the lands to be used for the highway
improvement, and be it further
RESOLVED, That based on preliminary information received by the
City of Ithaca from the NYSDoT including the estimated value of
the Park Lands being acquired, the City of Ithaca believes the
substitute lands to be acquired will be of equal monetary value
and equal recreational use. The City of Ithaca does not intend,
by this resolution, to acknowledge that the preliminary figures
given to the City of Ithaca by the NYSDoT as to the value of the
Park Lands on Inlet Island accurately reflect the market value of
those lands. In the event that it is ultimately determined that
the monetary value of the Park Lands on Inlet Island being
acquired exceeds the monetary value of the proposed substitute
lands, the City of Ithaca expects and proposes that additional
substitute lands be acquired to equalize the monetary value of
the Park Lands on Inlet Island being acquired.
City Attorney Guttman gave an explanation of the resolution.
26
I rt
February 6, 1991
Amending Resolution
Alderperson Hoffman suggested the following amendment:
In the second Resolved Clause, third line, the words "the City of
Ithaca believes" be stricken and the words "it appears that" be
inserted.
There was no objection and Alderperson Hoffman's suggested change
(4000, was accepted.
Amending Resolution
Alderperson Booth suggested the following amendments:
In the first Resolved Clause, after the words "highway
improvement" the following words be added: ",as shown on the
January 1991 map entitled 'Map Showing Proposed Substitute 4(f)
Lands to be Acquired by New York State'."
r**— In the second Resolved Clause, in the third line from the bottom,
(D the word "proposes" be stricken and the words "will insist" be
inserted in its place.
There were no objections to the amendments and the new wording
m was accepted.
Q Further discussion followed on the floor. City Attorney Guttman
and Director of Planning and Development VanCort responded to
questions from Council members.
Alderperson Peterson pointed out that there is an error in the
map showing proposed substitute 4(f) lands to be acquired by New
York State in regard to the City /Town lines. Director of
(�Iloe Planning and Development VanCort will correct the map and
present corrected maps to the Mayor and Alderpersons.
The Resolution as amended shall read as follows:
WHEREAS, the accepted alternative for the Route 96 /Octopus
project requires utilization of certain park lands acquired in
part with federal funds administered through the National Park
Service, and
WHEREAS, federal law requires that in order to utilize these
park lands they be alienated and converted, and that substitute
land be acquired for use as park, and
WHEREAS, the NYSDoT has determined that it has the authority to
acquire the land required for substitution, and
WHEREAS, the NYSDoT has requested that the City of Ithaca make a
recommendation regarding which lands are to be acquired, and
WHEREAS, it has been proposed that a Recreation Way connecting
Cass Park to Buttermilk Falls State Park be constructed, and
WHEREAS, lands for the Recreation Way are an appropriate
substitute for the Park Lands to be used for the Route 96 /Octopus
improvement project, now, therefore, be it
RESOLVED, That Council does hereby approve the substitution of
Recreation Way land for the lands to be used for the highway
improvement as shown on the January 1991 map entitled 'Map
Showing Proposed Substitute 4(f) Land to be Acquired by New York
State, and be it further
27
February 6, 1991
RESOLVED, That based on preliminary information received by the
City of Ithaca from the NYSDoT including the estimated value of
the Park Lands being acquired, it appears that the substitute
lands to be acquired will be of equal monetary value and equal
recreational use. The City of Ithaca does not intend, by this
resolution, to acknowledge that the preliminary figures given to
the City of Ithaca by the NYSDoT as to the value of the Park
Lands on Inlet Island accurately reflect the market value of
those lands. In the event that it is ultimately determined that
the monetary value of the Park Lands on Inlet Island being
acquired exceeds the monetary value of the proposed substitute
lands, the City of Ithaca expects and will insist that additional
substitute lands be acquired to equalize the monetary value of
the Park Lands on Inlet Island being acquired.
A vote on the amended resolution resulted as follows:
Carried Unanimously
* 18.3 "Porto Parcel" Development Guidelines
By Alderperson Hoffman: Seconded by Alderperson Schroeder
WHEREAS, the City has acquired lands formerly owned by Francis
"Pogo" Paolangeli, located in the Northside of the City of Ithaca
for use for park and housing, and
WHEREAS, the Planning and Development Board has recommended
certain guidelines for development of the "Pogo Parcel ", now,
therefore, be it
RESOLVED that the Common Council adopt the attached "POGO
PARCEL" DEVELOPMENT GUIDELINES dated January 29, 1991.
"POGO PARCEL DEVELOPMENT GUIDELINES"
January 29, 1991
1. Affordability - Long Term affordability for housing of good
quality. [There is reasons to believe this goal is
attainable given local contractor estimates of the cost per
square foot to construct housing of the sort examined in
Syracuse ($50- $60 /sq. ft).]
2. Density - No more than the approximately 38 units permitted
current zoning, and compatible with the neighborhood.
[Investigations indicate that in fact it will be very
difficult to fit more than 30 units on this relatively small
site.1
3. Households served - The goal is for socio- economic mix.
With long term affordability the intention is to create a
stable mini - community, where households stay for an extended
period because they can afford the housing and have a
commitment to participation in the development.
4. Physical form - Compatible with other housing in the
neighborhood in building type (siding, windows, etc.)
scale, parking surface (pavement), grid and streetscape,
treescape.
5. Tenancy - As many units as possible offered at below market
rate (subsidized), with the possibility of a small number at
market rate if needed to make the project financially
feasible. [A mixed tenancy (owned and rented; subsidized
and market rate] would be ideal, but this may be extremely
difficult to achieve with so few units.]
6. - Private vs. non - profit ownership - Consistent with
maximizing long term affordability.
W
m
Q
N lJ
February 6, 1991
7. Energy Conservation - The project should incorporate
significant energy conservation measures, including
provision for passive solar gain, if possible.
Discussion followed on the floor on the Guidelines.
Amendments to Guidelines:
The following amendments were made to the Guidelines by
several Alderpersons:
# 1 - Remove the material within the brackets.
# 2 - Remove the material within the brackets. Delete the words
"and compatible with the neighborhood ".
# 3 In the third line, after the word "household" add the
words "have the ability to ".
There were no objections to the above amendments.
Amendment to Guidelines
By Alderperson Hoffman: Seconded by Alderperson Schroeder
RESOLVED, That in #1 the word "permanent" be inserted ,, (Qp)
words "Long term ". U
Discussion followed on the floor.
Amendment to Alderperson Hoffman's Amendment
By Alderperson Booth: Seconded by Alderperson Hoffman
RESOLVED, That in #1, after the words "Long term" , the words "or
permanent" be added.
Ayes (6) - Booth, Hoffman, Daley, Peterson, Schroeder,
Golder
Nays (3) - Romanowski, Blanchard, Cummings
Carried
Amendment to Guidelines
By Alderperson Cummings: Seconded by Alderperson Hoffman
RESOLVED, That in #4, the words in parenthesis and the words
"surface" and "grid" be deleted, and that the word
!'configuration" be added after the word "parking ".
There were no objections and the wording was changed to read as
follows:
"Compatible with other housing in the neighborhood in building
type, scale, parking configuration, streetscape and treescape."
Amendment to Guidelines
By Alderperson Daley: Seconded by Alderperson Cummings
RESOLVED, That #5 be deleted except that the words "As many units
as possible offered at below market rate" be moved to #1.
There was no objection from'Council members to this change.
Amendment to Guidelines
Alderperson Daley suggested the #6 be deleted from the
Guidelines.
There was no objection and #6 was deleted.
Amendment to Guidelines
By Alderperson Booth: Seconded by Alderperson Cummings
RESOLVED, That there be a new #5, entitled Accessibility, to read
as follows:
"The project should incorporate significant measures to provide
accessibility to handicapped persons ".
29
February 6, 1991
There WE_REno objections and the language shall be added
as #5 of the Guidelines.
The Guidelines with Amendments shall read as follows:
"POGO PARCEL DEVELOPMENT GUIDELINES
January 29, 1991
1. Affordability - Long #erm or permanent affordability for
housing of good quality. As many units as possible offered
at below market rate.
2. Density - No more than the approximately 38 units permitted
by current zoning.
3. Households Served - The goal is for socio- economic mix.
With long term affordability the intention is to create a
stable mini - community, where households have the ability to
stay for an extended period because they can afford the
housing and have a commitment to participation in the
development.
4. Physical Form - Compatible with other housing in the
neighborhood in building type, scale, parking
configuration, streetscape, and treescape.
5. Accessibility - The project should incorporate significant
measures to provide accessibility to handicapped persons.
6. Energy Conservation
- The project should
incorporate
significant energy
conservation measures,
including
provision for passive solar gain, if possible.
A vote on the Main Motion with Amendments to the Guidelines
resulted as follows:
Carried
Unanimously
* 18.4 Sale of City Owned Land to Mutual Housinq Association of
Tompkins County
By Alderperson Hoffman: Seconded by Alderperson Schroeder
WHEREAS, Common Council has purchased the so- called "Pogo
Parcel," a vacant City block in Ithaca's Northside neighborhood,
and
WHEREAS, Common Council has accepted the recommendation of the
Northside Land Use Committee to devote approximately two - thirds
of the block to housing, with a preference for the encouragement
of affordable housing, and
WHEREAS, the Mutual Housing Association of Tompkins County, a
non - profit agency dedicated to the provision and maintenance of
permanently affordable housing, proposes to construct at least
28 units of affordable housing on the Pogo Parcel, in place of
attempting the same project (for which funding has already been
secured) on a less feasible site on West Hill, and
WHEREAS, the Mutual Housing Association of Tompkins County
proposal is consistent with the "Pogo Parcel Development
Guidelines" adopted by the Planning and Development Board and the
Common Council; now, therefore, be it
RESOLVED, That Common Council approves in concept the sale or
lease of all or part of the "Pogo Parcel" (not including the
future Northside Park) to the Mutual Housing Association of
Tompkins County, for the ultimate construction of at least 28
units of permanently affordable housing, at full value of said
land, said value to reflect the restrictions imposed on the
30
28,E
February 6, 1991
parcel by the "Development Guidelines," as well as any other
restrictions that may be imposed by Common Council prior to the
sale, and be it further
RESOLVED, That this approval is contingent upon the negotiation
and execution of a final agreement acceptable to the Common
Council, and the completion and consideration of required
environmental review, and be it further
RESOLVED, That the Intergovernmental Relations Committee, working
with the City Attorney and the Director of Planning, is
authorized and directed to negotiate specific terms of such
sale, and to bring said proposed terms to Common Council as soon
as possible for a final vote, and be it further
RESOLVED, That the Director of Planning is directed to provide
for the necessary environmental review of such a sale, in a
timely fashion.
co Alderperson Hoffman explained the wording of the resolution.
M Discussion followed.
Alderperson Cummings suggested that in the third Whereas Clause,
m the words "in place of attempting the same project (for which
Qfunding has already been secured) on a less feasible site on West
Hill" be deleted.
There was no objection from Council members, therefore, the
language as above was stricken from the resolution.
Alderperson Cummings suggested an amendment in the first
Resolved Clause as follows:
That the words "or part of" and the words "(not including the
future Northside Park) to the Mutual Housing Association" be
stricken from the paragraph.
There was no second to Alderperson Cumming's suggested amendment,
therefore, the amendment failed.
Alderperson Booth suggested that in the third Resolved Clause,
in the 4th line, the words "or lease" be inserted after the word
"sale".
There were no objections from Council members.
Alderperson Booth suggested that the last Whereas Clause read as
follows:
"the Mutual Housing Association of Tompkins County proposal for
physical development of the "Pogo Parcel" is generally consistent
with the "Pogo Parcel Development Guidelines ", ...etc."
No Council members objected.
There was no objection from Council members.
Further discussion followed on the floor.
31
Alderperson Booth recommended that in
the second Resolved Clause,
the
word "final" be stricken in the
"agreement ", the following words
second line and after the
be added: "(including but
word
not
limited to all financial details
pertaining to a potential
sale
or lease) ".
There was no objection from Council members.
Further discussion followed on the floor.
31
1, 81
February 6, 1991
Motion to Refer Back to Committee
By Alderperson Daley: Seconded by Alderperson Blanchard
RESOLVED, That the resolution on the sale of City -owned land to
the Mutual Housing Association (Approval in Concept) be sent back
to the Planning and Development Committee for one month in order
to give other potential developers time to come forward with
proposals.
Alderperson Daley stated that there are at least two other people
who have potential proposals that have been waiting for the
approval of the Council's previous resolution in order for them
to know exactly what will be required. He felt that a one month
delay will not jeopardize the Mutual Housing Association
proposal but it will set to rest any idea that the Mutual Housing
Association is somehow getting preferred treatment.
Planning and Development Director Van Cort explained the problems
if we delay this resolution and send it back to committee.
Extensive discussion followed on the floor.
Alderperson Cummings stated that she wants to go on record as
saying that' she expects there to be difficulties in negotiating
and securing financing for this. She stated that she expects
that what is going to pull this out in the end is some
combination of mutual housing plus private sector involvement and
she wants to leave the door open to be able to do that. She
wants to see housing on that site.
Mayor Nichols spoke against referring the resolution back to
committee. He stated that if we do not want to kill mutual
housing the only choice we have is to go ahead at this time to
see if we can reach an agreement. He said the danger is not only
losing future funding, the danger is that we are not going to be
able to use the money that we already have in the community
development funds for 1989. Clearly, we will not get any more if
we do not use those. He does not believe we can get affordable
housing for low and moderate income people without subsidies. He
does not know if we can reach agreement in a month but unless we
start now he is sure we will not make it.
A vote on the Motion to Refer resulted as follows:
Ayes (2) - Blanchard, Romanowski
Nays (7) - Cummings, Booth, Hoffman, Peterson, Schroeder,
Golder, Daley
Motion Fails
Amending Resolution
Alderperson Daley suggested that after the -second Resolved
Clause, another Resolved Clause be added to read as follows:
"RESOLVED, That this approval is contingent upon the Mutual
Housing Association of Tompkins County receiving the grant from
the Community Development Block Grant as proposed ".
Discussion followed on the floor with Planning and Development
Director answering questions from Council members.
Alderperson Peterson suggested that perhaps Alderperson Daley
would accept the following:
That under the third Resolved Clause, after the words " specific
terms" in the third line, the following words could be inserted,
"including consideration that the Mutual Housing Association
receive the grant from the Community Development Block Grant as
proposed" for such sale or lease, ...etc.
32
285
February 6, 1991
Discussion followed on the floor regarding Alderperson Peterson's
wording.
Alderpersons Daley and Peterson withdrew their amendments.
Motion to Extend Meeting
By Alderperson Romanowski: Seconded by Alderperson Blanchard
RESOLVED, That this Common Council meeting be extended until
12:00 midnight.
(wo", Carried Unanimously
The Main Motion as amended will read as follows:
WHEREAS, Common Council has purchased the so- called "Pogo
Parcel," a vacant City block in Ithaca's Northside neighborhood,
and
WHEREAS, Common Council has accepted the recommendation of the
Northside Land Use Committee to devote approximately two - thirds
of the block to housing, with a preference for the encouragement
CD of affordable housing, and
WHEREAS, the Mutual Housing Association of Tompkins County, a
non - profit agency dedicated to the provision and maintenance of
m permanently affordable housing, proposes to construct at least
Q 28 units of affordable housing on the Pogo Parcel.
WHEREAS, the Mutual Housing Association of Tompkins County
proposal for physical development of the "Pogo Parcel" is
generally consistent with the "Pogo Parcel Development
Guidelines" adopted by the Planning and Development Board and the
Common Council; now, therefore, be it
RESOLVED, That Common Council approves in concept the sale or
lease of all or part of the "Pogo Parcel" (not including the
future Northside Park) to the Mutual Housing Association of
Tompkins County, for the ultimate construction of at least 28
units of permanently affordable housing, at full value of said
land, said value to reflect the restrictions imposed on the
parcel by the "Development Guidelines," as well as any other
restrictions that may be imposed by Common Council prior to the
sale, and be it further
RESOLVED, That this approval is contingent upon the negotiation
and execution of an agreement (including but not limited to all
financial details pertaining to a potential sale or lease)
acceptable to the Common Council, and the completion and
consideration of required environmental review, and be it further
RESOLVED, That the Intergovernmental Relations Committee, working
with the City Attorney and the Director of Planning, is
authorized and directed to negotiate specific terms of such sale
or lease, and to bring said proposed terms to Common Council as
soon as possible for a final vote, and be it further
RESOLVED, That the Director of Planning is directed to provide
for the necessary environmental review of such a sale, in a
timely fashion.
Main Motion as Amended
A vote on the Main Motion as Amended resulted as follows:
Ayes (7) - Booth, Hoffman, Cummings, Peterson, Daley,
Golder, Schroeder
Nays (2) - Romanowski, Blanchard
Carried
33
1
1r.(;
February 6, 1991
INTERGOVERNMENTAL RELATIONS COMMITTEE:
Strand Theatre
By Alderperson Booth: Seconded by Alderperson Daley
WHEREAS, a grant was issued by the Appalachian Regional
Commission in the amount of $290,488.00 with the City as
recipient of the grant for the renovation of premises known as
the Strand Theatre, and
WHEREAS, the owners of the premises have failed to fulfill the
requirements of this grant and have failed to maintain the
premises, and
WHEREAS, real estate taxes have not been paid on these premises,
Tax Parcel Number 69 -1 -8, since approximately 1980, and
WHEREAS, the City of Ithaca has purchased the tax liens of the
City and school taxes for many of these years, and
WHEREAS, the depreciated amount of the ARC grant is now
approximately $142,640.00, and
WHEREAS, the combined amounts of the unpaid City taxes and school
taxes which liens have been purchased by the City total
approximately $80,500.00, and
WHEREAS, it would serve no City purpose for the City to have any
ownership interest in the premises known as the Strand Theatre,
and
WHEREAS, the City has commissioned an appraisal of this property
which appraisal has determined that the fair market value of the
property is approximately $392,000.00; now, therefore, be it
RESOLVED, That the City Attorney and the Director of the Planning
Department are hereby directed to take all necessary steps to
sell whatever interest the City has in the premises known as the
Strand Theatre, Tax Parcel Number 69 -1 -8, to the highest bidder
by receiving sealed bids subject to the condition that the
minimum acceptable bid shall be $225,000.00, with bids to be
accepted no later than May 12, 1991.
City Attorney Guttman answered questions from Council members and
discussion followed on the floor.
City Attorney Guttman stated that the City does not own the
Strand Theatre. He said that this resolution is for the City to
sell whatever legal interests it has in the real estate,
therefore, the City is arguably selling an interest in real
estate, not necessarily the ownership interest.
Motion to Refer to City Attorney
By Alderperson Daley: Seconded by Alderperson Cummings
RESOLVED, That the matter of the sale of the Strand Theatre be
referred back to the City Attorney for review and report back to
Common Council at the March meeting.
Carried Unanimously
Advisory Council
By Alderperson Peterson: Seconded by Alderperson Daley
WHEREAS, the City of Ithaca in cooperation with the Cornell
Student Chapter of the American Society of Civil Engineers
recently completed the construction of a foot /bikeway bridge
across Cascadilla Creek west of Route 13 that connects Willow
Avenue to land adjacent to the City Sewer Treatment Plant, and
34
February 6, 1991
WHEREAS, the City subsequently constructed a crushed stone
surfaced foot /bikeway along the south bank of Cascadilla Creek
connecting the bridge area to the Farmers' Market at Steamboat
Landing, and
WHEREAS, the development of the shorelines of our local waterways
for the active use by the citizens of Ithaca is a desirable goal,
and
WHEREAS, the east bank of the Flood Control Channel affords
aesthetically pleasing views of the waterway, Cass Park, and the
hills to the west of Ithaca; and
WHEREAS, this recommendation has the support of Circle Greenway
and the Directors of the Farmers' Market; now, therefore, be it
RESOLVED, That discussion be initiated with the NYS DoT to give
the City permission to develop a continuation of the crushed rock
foot /bikeway from the Farmers' Market southward along the east
co shoreline of the Flood Control Channel to connect by a bridge at
M southwest corner of the DoT property to the un -named road that
D leads to the Cornell University and Ithaca College boat houses,
(� back to the Farmers' Market, or further southward along the east
Q bank of the old Cayuga Inlet to connect to Buffalo Street and
access to proposed "Interpark" trail.
Motion to Refer to Committee
By Alderperson Peterson: Seconded by Alderperson Daley
RESOLVED, That the above resolution from the Conservation
Advisory Council re. construction of continuation of Foot /Bikeway
Trail be referred to the Planning and Development Committee for
their review and input.
Carried Unanimously
EXECUTIVE SESSION:
On a motion the Common Council adjourned into Executive Session
at 12:05 a.m. and reconvened in Regular Session at 12:20 a.m.
ADJOURNMENT . .
On a motion the Common Council adjourned at 12:20 a.m.
ZF. Paolangeli
City Clerk
35
l`
Benjamin Nichols
Mayor
1'37
Amending Resolution
By Alderperson Peterson: Seconded by
Alderperson Daley
RESOLVED, That there be a
further Resolved Clause to read as
follows:
"RESOLVED, That the Bicycle
Advisory
Council be included in all
steps for the Bikeway
proposal
for their advice and
recommendations.
Carried Unanimously
Motion to Refer to Committee
By Alderperson Peterson: Seconded by Alderperson Daley
RESOLVED, That the above resolution from the Conservation
Advisory Council re. construction of continuation of Foot /Bikeway
Trail be referred to the Planning and Development Committee for
their review and input.
Carried Unanimously
EXECUTIVE SESSION:
On a motion the Common Council adjourned into Executive Session
at 12:05 a.m. and reconvened in Regular Session at 12:20 a.m.
ADJOURNMENT . .
On a motion the Common Council adjourned at 12:20 a.m.
ZF. Paolangeli
City Clerk
35
l`
Benjamin Nichols
Mayor
1'37
[l
1, � �}
0
February 6, 1991
_Public Hearing on Sale of Approximately 5,320 sq. ft. at the West
End of Lot 4 of Carpenter Business Park
_Resolution to Open Public Hearing
By Alderperson Daley: Seconded by Alderperson Booth
RESOLVED, That the Public Hearing to consider the sale of
approximately 5,320 sq. ft at the west end of Lot 4 of the
Carpenter Business Park be declared open.
Carried Unanimously
City Attorney Guttman explained the proposal to sell a portion of
Lot 4 in the Carpenter Business Park to Vincent Giordano.
No one appeared to address the Public Hearing.
Resolution to Close Public Hearing
By Alderperson Daley: Seconded by Alderperson Booth
RESOLVED, That the Public Hearing to consider the sale of
approximately 5,320 sq. ft. at the west end of Lot 4 of the
Carpenter Business Park be declared closed.
Carried Unanimously
Public Hearing on Execution of an Agreement Between the City anti
Ironics, Inc for an Option to Lease and Ultimately Purchase the
Balance of Lot 4 of Carpenter Business Park
_Resolution to Open Public Hearing
By Alderperson Peterson: Seconded by Alderperson Booth
RESOLVED, That the Public Hearing to consider the execution of an
Agreement between the City and Ironics, Inc. for an option to
lease and ultimately purchase the balance of Lot 4 of Carpenter
Business Park be declared open.
Carried Unanimously
City Attorney Guttman explained the proposal between the City and
Ironics, Inc. regarding purchase of Lot #4 in Carpenter Business
Park.
No one appeared to address the Public Hearing.
Resolution to Close Public Hearing
By Alderperson Peterson: Seconded by Alderperson Romanowski
RESOLVED, That the Public Hearing to consider the execution of an
Agreement between the City and Ironics, Inc. for an option to
lease and ultimately purchase the balance of Lot 4 of Carpenter
Business Park be declared closed.
Carried Unanimously
MAYOR'S APPOINTMENTS:
Design Review Board
Mayor Nichols requested approval of Council for the appointment
of Douglas Look, 419 East Buffalo Street to the Design Review
Board for a three -year term to expire December 31, 1993.
Resolution
By Alderperson Daley: Seconded by Alderperson Schroeder
RESOLVED, That this Council approves the appointment of Douglas
Look to the Design Review Board with a term to expire December
31, 1993.
Carried Unanimously
Ithaca Landmarks Preservation Commission
Mayor Nichols requested approval of Council for the appointment
of James Warren, 420 Hook Place to the Ithaca Landmarks
Preservation Commission for a three -year term to expire December
31, 1993.
E
253
COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 7:00 P.M. February 6, 1991
PRESENT:
Mayor Nichols
Alderpersons (9) - Booth, Peterson, Blanchard, Hoffman, Daley,
Golder, Schroeder, Romanowski, Cummings,
ABSENT:
Alderperson Johnson (excused)
OTHERS PRESENT:
City Attorney - Guttman
City Controller - Cafferillo
City Clerk - Paolangeli
Deputy City Controller - Thayer
(� Director of Planning and Development - Van Cort
(o Building Commissioner - Datz
M Personnel Administrator - Saul
Fire Chief - Olmstead
Police Chief - McEwen
Board of Public Works Commissioner - Reeves
Q Acting Facilities Maintenance Supervisor - Ferrel
PLEDGE OF ALLEGIANCE:
Mayor Nichols led all present in the Pledge of Allegiance to the
American flag.
MINUTES:
Approval of Minutes of the January 2, 1991 Common Council Meeting
By Alderperson Golder: Seconded by Alderperson Peterson
(6000" RESOLVED, That the Minutes of the January 2, 1991 Common Council
meeting be approved as published.
Carried Unanimously
ADDITIONS TO OR DELETIONS FROM THE AGENDA:
Executive Session
Mayor Nichols requested an Executive Session at the end of the
meeting to discuss various potential litigations and property
purchases.
Report of Special Committees and Council Liaisons
Alderperson Peterson stated that she will report for Alderperson
Johnson on Item 20.1 - Construction of Continuation of
Foot /Bikeway Trail (Conservation Advisory Council).
SPECIAL ORDER OF BUSINESS:
Public Hearing on Sale of Fire Station No. 6 - 626 West State
Street
Resolution to Open Public Hearing
By Alderperson Schroeder: Seconded by Alderperson Hoffman
RESOLVED, That the Public Hearing to consider the sale of Fire
Station No. 6 - 626 West State Street be declared open.
Carried Unanimously
City Attorney Guttman explained the procedure for the proposed
contract to sell Fire Station No. 6 to Bang's Ambulance, who was
the highest bidder.
No one appeared to address the Public Hearing.
Resolution to Close Public Hearing
By Alderperson Booth: Seconded by Alderperson Daley
RESOLVED, That the Public Hearing to consider the sale of Fire
Station No. 6 - 626 West State Street be declared closed.
Carried Unanimously
1
54,
February 6, 1991
Youth Bureau Board
Mayor Nichols stated that he has appointed the following persons
to the Youth Bureau Board:
Heather Tallman
- 317 Richard Place for a three -year
Rev. Robert Williams -
Herbert Nelson -
Willard Dickerson III -
term. (Re- appointment)
206 South Plain Street for a three -
year term.
502 South Albany Street for a two -
year term.
205 South Titus Avenue for a one -
year term.
Housing Board of Review
Mayor Nichols stated that he has re- appointed Virginia Canestaro,
201 Linn Street to the Housing Board of Review for a three -year
term to expire December 31, 1993.
Affirmative Action Advisory Committee
Mayor Nichols stated that he has appointed the following persons
to the Affirmative Action Advisory Committee:
Anthony Poole - 107 West Jay Street for a three -year term.
Casandra Nelson - 502 South Albany Street for a three -year
term. (Re- appointment)
Barbara Caldwell - Fire Department, for a one -year term.
Thomas Deis - Fire Department (alternate) for a one -year
term.
County Youth Bureau Board
Mayor Nichols announced that he has re- appointed Thomas Hanna,
210 Eddy Street as a City Representative to the County Youth
Bureau Board.
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
Strand Theatre
The following persons spoke to Council regarding the Strand
Theatre and asked that the City postpone action on the sale of
the Strand until Historic Ithaca receives word on the State's
decision on their grant application.
Doug Reid, 105 Sheldon Road
Lucy Bergstrom, 104 North Aurora
Historic Ithaca,
Ebert)
Timothy Snow, 44 East Miller Road
Jim Blizzard, 44 East Miller Road
Alice Reid, 105 Sheldon Road
Street (representing
read letter from Barbara
Andrea Clardy, 616 Cayuga Heights Road, Board Chair of the Hangar
Theatre, addressed Council on the matter of the Strand Theatre.
She said that knowing what she has learned as a member of the
Hangar Board, by listening to her colleagues on that Board and to
other organizations within the Community Arts partnership, she is
left with real skepticism and concern regarding the future of the
Strand Theatre. Ms. Clardy referred to a statement sent to the
Council by Richard Driscoll from the Community Arts Partnership
that the Hangar Board wholeheartedly endorses.
Ms. Clardy stated that the concluding statement in the Community
Arts Partnership memo reads as follows: "After much
consideration, first within the context of and with much
discussion on the part of each of our Organizations and Boards of
Directors and then as an Arts Community we are not prepared at
4
255
February 6, 1991
Resolution
By Alderperson Booth: Seconded by Alderperson Cummings
RESOLVED, That this Council approves the appointment of James
Warren to the Ithaca Landmarks Preservation Commission for a term
to expire December 31, 1993.
Carried Unanimously
Commons Advisory Board
Mayor Nichols requested approval of Council for the re-
appointment of Andrew Gillis, 213 Cascadilla Park, to the Commons
Advisory Board for two -year term to expire December 31, 1992.
Resolution
By Alderperson Golder: Seconded by Alderperson Schroeder
RESOLVED, That this Council approves the re- appointment of Andrew
Gillis to the Commons Advisory Board with a term to expire
December 31, 1992.
Carried Unanimously
CD Shade Tree Advisory Committee
(3) Mayor Nichols requested approval of Council for the appointment
D of Mary Ellen Rossiter, 316 North Geneva Street, to the Shade
m Tree .Advisory Committee for a three -year term to expire December
Q 311 1993.
Resolution
By Alderperson Daley: Seconded by Alderperson Cummings
RESOLVED, That this Council approves the appointment of Mary
Ellen Rossiter to the Shade Tree Advisory Committee with a term
to expire December 31, 1993.
Carried Unanimously
(400." Tompkins County Solid Waste Advisory Committee
Mayor Nichols explained that the County is setting up a Solid
Waste Advisory Committee. The City is to recommend three names
and the County will choose one of the three names submitted.
Mayor Nichols stated that he is proposing to submit the names of
Paul Sayvetz, 201 Elm Street; Ernest Bury, 206 Valley Road; and
Judith Jones, 112 East York Street and he asked for endorsement
by the Council of the names to be submitted to the County.
Resolution
By Alderperson Blanchard: Seconded by Alderperson Schroeder
RESOLVED, That this Council endorses the names as above to be
sent to the County to serve on the Tompkins County Solid Waste
Advisory Committee.
Carried Unanimously
Discussion followed regarding the County's selection process for
this committee. Mr. Eric Lerner from County Board of Reps
answered questions from Council regarding this process.
Appointments Not Requiring Council Approval
Mayor Nichols announced that he has made the following
appointments:
City Historian
Mayor Nichols stated that he has appointed Margaret Hobbie as
City Historian for a two -year term to expire December 31, 1992.
3
I'
February 6, 1991
doing so when it comes to issues of affordable housing and the
perceived relationships between the minority community and the
Police Department. She further commented that she looks forward
to working with the black community as she always has.
Alderperson Booth asked the Mayor to find the appropriate means
of informing Council as to what the circumstances are and what is
going on in the black community.
Mayor Nichols stated that he would be happy to do that. He said
that the City has an excellent Police Community Board that is
completely wide open to hear complaints and suggestions of anyone
in the community. He stated that he is sure the Police Chief and
the Board are ready, willing, and open to do whatever they can to
meet with the community, to listen, to correct abuses if there
are any, and to establish better relations.
Alderperson Golder stated that there is obviously something going
on between the black community and the Police that the Council
needs to pay attention to and he would like to have the Council
go to the meeting that Mr. Rolle mentioned that will be held on
February 21st at the Southside Center. He also asked that John
Johnson include in the upcoming Human Services agenda a time for
the Departments, including the Police Department to come and
speak with the committee and give a report of problems and
issues.
Alderperson Blanchard stated that she will be following up on the
remarks made by Mr. Watkins and looking into his allegations.
She also stated that a few months ago she met with Mr. Rolle to
clarify some remarks he had made on a TV panel show and he never
mentioned any of these concerns at that time. She also sees him
on the average of three times a week on the street, etc. and he
has never talked with her about any of these problems mentioned
tonight.
Strand Theatre
Alderperson Golder stated that he does not believe there is any
problem in extending the time for the sale of the Strand Theatre
until August. He reminded Council that the grant that Historic
Ithaca applied for was rejected on a technicality.
Mayor Nichols remarked that all the people looking at the issues
concerning the revitalization of downtown, including the Culture
and Arts Committee, are tremendously concerned and recognize the
necessity for space for the performing arts, space for artists,
rehearsal space, etc., as an integral part of downtown
revitalization.
REPORT OF THE BOARD OF REPRESENTATIVES:
Mr. Eric Lerner, First Ward Representative, addressed Council on
the following matters:
Chair of the Board of Reps - Mr. James Mason has been elected as
Chair of the Board of Representatives for 1991.
TV Coverage of the Board of Reps - TV coverage of the Board of
Representatives is set to begin with their next meeting.
Budget Cuts - The County may be losing between $800,000 and $1
million in anticipated State Aid in the 1991 budget.
Mental Health Building - The new Mental Health Building on Green
Street has opened.
G
251
February 6, 1991
this point to endorse the Strand Theatre as the solution to the
lack of performing arts space. There is simply too much we do
not know. We have grave reservations concerning the regular use
of the Strand given its size; we have reservations concerning the
current ambiguity regarding management arrangements." She stated
further that she hopes the City will proceed with caution as it
will be very difficult, if not impossible, to operate this
building at a profit and the City may find itself making
difficult choices regarding the kinds of things they cannot do if
the Strand requires continuing support from the city.
Mr. Alan Cohen, 110 North Aurora Street, representing the
Downtown Business Community, referred to a letter sent to the
Mayor regarding the Strand. He urged Council not to extend the
deadline for the sale of the Strand Theatre.
Concerns of Black Community
Mr. Art Watkins, 800 South Plain Street, addressed Council
CD regarding racial tension between black youths and city Police
Officers. He stated that he is in touch with a lot of members of
M the black community and he has heard numerous stories of police
D harassment. He is concerned about the relationship between the
(o black community and the Police Department and urged the Mayor and
Q Common Council to look into the allegations.
Mr. Gregory Rolle spoke to Council on the matter of the
relationship between the black community and City Police
Officers. He stated that he feels tension between the Police
Department and the black community is widespread. He feels that
people are very angry and that some blacks may start a class
action suit against the City. He asked that this matter be taken
seriously and a dialogue be started without delay between the
(44� Police and black community.
Pogo Parcel - Mutual Housing Association
The following persons spoke to Council in support of the Mutual
Housing Association proposal to build affordable housing on the
Pogo Parcel:
Jan Douglas
Jeff Greuber
Dorothy Sholeen
Edward Sisson
Diane Sams
Robert Balder
2133 Mecklenburg Road
Pres., Mutual Housing Assoc.
206 N. Titus Avenue
930 Comfort Road, Spencer, NY
30 Renwick Heights Road
Executive Dir., Mutual Housing
Association
Route 13 Widening
Guy Gerard spoke to Council regarding the Route 13 widening
project which is on tonight's agenda (Item 18.1). He thinks the
City should agree to have the abutments removed only after an
agreement that the DoT look favorably upon the decision of the
preference of the City regarding this project.
RESPONSE TO THE PUBLIC:
Black Community Concerns
Alderperson Romanowski stated if there is a problem in the black
(44� community, he is always available to his constituents to discuss
the problem. He referred to his commitment to represent his
Ward and stated that he is always available by phone or in person
when someone needs to talk with him.
Alderperson Cummings stated that she and her colleagues in the
First and Second Wards have worked very hard to represent the
black community in this City. She remarked that for seven and a
half years on Council she has prided herself on representing the
black community and at times has taken considerable "heat" in
5
February 6, 1991
Downtown Vision Task Force
Mayor Nichols reported that the Downtown Vision Task Force is
expected to complete its work on February 19th. They will be
meeting on that date and Council members are requested to try to
attend that meeting.
Governor's Proposed Budget
Mayor Nichols stated that if the Governor's proposed budget is
adopted by the Legislature it will have a profound effect on this
year's City budget. In next year's budget it means a one million
dollar cut in State aid.
CITY CONTROLLER'S REPORT:
Budget Cuts
City Controller Cafferillo stated that the amount cut from this
year's City budget, may be three - quarters of a million dollars.
He said that we have already reduced our expected State aid by
ten percent or $250,000.
Mr. Cafferillo stated that as his office receives information
they will be circulating it to Council members and Department
Heads.
CITY ATTORNEY'S REPORT:
Central Processing Facility Case
City Attorney Guttman stated that the lower court decision
.regarding the City's case against the County was upheld by the
Appellate Division in favor of the County.
Hydropower License
City Attorney Guttman reported that the City has received an
order from FERC in which they have accepted the surrender of the
hydropower license for Fall Creek.
Building Code Violations
City Attorney Guttman reported on several Building Code Violation
cases that were heard in Court.
Action Against City, County, and District Attorney Dentes
City Attorney Guttman stated that Warren and Wanda Telfair have
sued the City involving an incident that occurred in September
1988 when City Police Officers seized from the premises at West
Green Street a sum in excess of $1,000 pursuant to a search
warrant issued by Judge Sherman. The issue was the return of
that money.
He said that the matter has been negotiated with the Telfair's
attorney and the case against the City has been dismissed.
Purchase of "Heffron Parcel" at the Water Shed
City Attorney Guttman reported that on January 9, 1991 the City
acquired the Water Shed property known as the "Heffron Parcel"
for an amount of $57,500. It is approximately a 25 acre parcel
of land and the City is now working out the negotiations with the
individual who purchased the other portion of the property to get
a conservation easement for the back 200 feet.
Purchase of Property at 201-205 East Tompkins Street
City Attorney Guttman reported that the City purchased the
property at 201 -205 East Tompkins Street (the B T Glass Building)
on January 24, 1991 for $163,500. This property is to be
renovated and used for day care.
ACC - Weather Channel
In response to Alderperson Cumming's question regarding the
weather channel being removed from ACC Cablevision, City Attorney
Guttman stated that he will check on the matter.
L-11
25`l
February 6, 1991
Solid Waste Committees - There are two new committees. First,
there is a Standing Committee of the Board of Representatives
which will be the Solid Waste and Resource Management Committee.
That will take over the solid waste related functions that had
been previously in Public Works and Construction Management
Committee. That Committee will be chaired by Beverly Livesay.
The other members will be Barbara Mink, Tom Todd, Mary Call and
Charlie Evans. Secondly, there is a new Solid Waste Management
Advisory Committee, as was mentioned earlier this evening. There
(6w.., has been developed a rather complex procedure for appointing
people to this committee. Mr. Lerner explained to Council how
the appointments to the committees will be handled by the County.
REPORT OF CITY BOARDS COMMITTEES AND COMMISSIONS:
Board of Public Works
Comm. Reeves reported to the Council on the following matters
from the Board of Public Works:
East State Street Project - The preliminary plans for the
CO landscape restoration on East State Street have been prepared and
M they are being reviewed for implementation in the Spring.
Cayuga Street Bridge (over Cascadilla Creek) Replacement Project
- The project will hopefully go to bid in March and work will
Q start in June to completely remove and replace the bridge. The
Board will be working closely with the Department to be sure that
there is a plan for adequate publicity for the project.
DPW Consolidation - Discussions are continuing on the Department
of Public Works consolidation.
Scavenger Day - The Board is discussing the methods that could be
used for a "Scavenger Day" in the City. Comm. Reeves will keep
the Council informed.
Police Department
Black Community Concerns
Police Chief McEwen stated that in regard to the comments made
tonight in the public portion of the meeting, he wished to
emphasize that he is genuinely concerned about the relationship
between the police and the minority communities. He said that
the Police Community Board has been very open to any suggestions
that come to them in regard to problems. It is a well rounded
Board and represents all segments of the community.
Chief McEwen stated that he was not aware that there was any
crisis; nobody has come to him. He urged Mr. Watkins or any one
else to come to the Community Police Board or meet with him with
any problems that may be occurring in the black community.
COMMUNICATIONS FROM THE MAYOR:
Central Processing Facility
Mayor Nichols reported that permit hearings for the Central
Processing Facility on Commercial Avenue will be held at the end
of February. He stated that it is important that the City and
County work together to mitigate potential environmental
problems and any losses in property or taxes that might result
from the placement of that facility.
County Parking for Mental Health Building
Mayor Nichols stated that there is discussion ongoing in regard
to parking for the Mental Health Building. He stated that the
County should be subsidizing, in some way, the additional load on
our parking as a result of the Mental Health Building going into
operation.
7
February 6, 1991
Section 1. Article 2. Section 2.23(1) of the Ithaca City
Charter is hereby amended to read as follows:
"Section 2.23. ASSISTANTS AND DEPUTIES
1. The Common Council may create, establish or abolish the
offices of deputy city controller, deputy city chamberlain,
deputy city clerk, deputy building commissioner, deputy director
of planning and development and deputy fire chief and assistant
superintendent of public works and assistant city attorney. The
assistant city attorney must be a resident of Tompkins County,
New York. It is not necessary that the assistant city attorney
be a resident of the City of Ithaca. Such officers shall
generally assist their superiors in the execution of their powers
and duties and may perform such part or portion of such duties as
designated by such superiors; and in the absence, inability or
temporary vacancy of their respective superiors, to act as such
and when so acting, shall have all the powers of such office.
2. Section 2.27(1) of the Ithaca City Charter shall be
amended to read as follows:
"Section 2.27. CITY OFFICERS APPOINTED BY `THE MAYOR:
PROCEDURE FOR APPOINTMENT AND REMOVAL
1. The following officers of the city shall be appointed by
the mayor in the manner provided herein: superintendent of
public works; fire chief; youth bureau director; building
commissioner; city controller; city clerk; director of planning
and development; city chamberlain; personnel administrator;
assistant city attorney; and purchasing agent.
Section 3. This local shall take effect immediately after
filing with the office of the Secretary of State.
Carried (8 -0)
Alderperson Cummings out of room at time of vote.
* 16.2
'City Officers'
Section 2.27(4) Entitled 'City Officers Appointed by Mayor:
Procedure for Appointment and Removal' of the Ithaca City Charter
By Alderperson Peterson: Seconded by Alderperson Romanowski
LOCAL LAW NO. OF THE YEAR 1991
CITY OF ITHACA
A local law amending Article 2 of the Ithaca City Charter
BE IT ENACTED by the Common Council of the City of Ithaca,
New York, as follows:
Section 1. The title to Section 2.27 of the Ithaca City
Charter is hereby amended to read: Section 2.27 City Officers
Appointed by the Mayor and Common Council: Procedure for
Appointment, Discipline, and Removal.
Section 2. Section 2.27(4) of the Ithaca City Charter is
hereby amended to read as follows:
114. Any officer of the City who is appointed as provided
herein, or who is already appointed at this time by any other
appointment method, may be disciplined or removed in accordance
with the following procedure:
a. No permanently appointed officer shall be disciplined
or discharged without just cause.
10
261
February 6, 1991
HUMAN SERVICES COMMITTEE:
Homeless Task Force - Report
Alderperson Blanchard reported that the Red Cross Shelters are
working at approximately 92% of capacity. They sheltered 35
adults and 7 children during the month of January for a total of
350 bed nights.
Alderperson Blanchard stated that the Economic Opportunity
Shelter which has been operating out of No. 6 Fire Station had 6
people in total during the month of January for 107 bed nights.
She reported that shelter has obtained a lease agreement on the
Galvin property on the corner of Plain and West State Streets
and they will be moving into that property in April.
Alderperson Blanchard reported that the Task Force for Battered
Women sheltered 6 women and 9 children during January for a total
of 170 bed nights.
The Department of Social Services did not have their numbers
CD totaled for January. However, their hotel usage is up quite a
bit from November and December and they have noticed over the
month of January that the number of evictions appears to be up
m and there are a number of new emergency intakes.
Q Chartwell House, our first major SRO is almost completely rented
and seems to be working out very well.
Department Head Evaluations - Report
Alderperson Cummings reported that members have been working to
get additional guidelines together on the evaluations and that
material will be circulated to Council members.
Streamlining Human Service Funding Review Process - Report
Alderperson Cummings stated that the process is being worked on
by the Human Services Coalition and Ms. Beins from the Coalition
will report back to the Committee on the matter.
City Role in Human Service Funding - Report
Alderperson Cummings stated that there has been a memo from the
Mayor to the Committee regarding City funding of Human Services
Grant applications. She said the Committee will be discussing
the matter with individual agencies at their next meeting.
Discussion followed on the floor. Mayor Nichols explained that
what his memo suggested was that agencies who are only going
to the County and the City for funding requests are not being
fair to City taxpayers. If they go to one agency it should be
the County. If they are going to multiple agencies, (Town of
Ithaca, Lansing, etc.) then of course, the City will be willing
to participate.
CHARTER AND ORDINANCE COMMITTEE:
* 16.1 A Local Law Amending Article II, Entitled 'Cit
Officers', Section 2.23(1) Entitled 'Assistants and Deputies' an
Section 2.27(1) Entitled 'City Officers Appointed by the Mayor
Procedure for Appointment and Removal' of the Ithaca Cit
Charter.
By Alderperson Peterson: Seconded by Alderperson Romanowski
LOCAL LAW NO. OF THE YEAR 1991
CITY OF ITHACA
A local law amending Article 2 of the Ithaca City Charter.
BE IT ENACTED by the Common Council of the City of Ithaca,
New York, as follows:
9
261
February 6, 1991
Section 3. Effective date. This local law shall take
effect immediately after filing with the office of the Secretary
of State.
Carried (8 -0)
Alderperson Cummings out of room at time of vote.
RECESS:
Common. Council recessed at 8:50 p.m. and reconvened in regular
session at 9:05 p.m.
BUDGET AND ADMINISTRATION COMMITTEE:
* 17.1 Approval of 1989 City of Ithaca Single Audit Report
By Alderperson Booth: Seconded by Alderperson Peterson
RESOLVED, That the Single Audit Report for the period of January
1, 1989 through December 31, 1989, prepared by the Accounting
Firm of Ciaschi, Dietershagen, Schaufler, and Mickelson C.P.A.'s,
be accepted to comply with all of the City's applicable Federal
Single Audit and Related Audit requirements.
City Controller Cafferillo explained the Single Audit Report that
is required of all municipalities that receive in excess of
$100,000 in Federal Aid in any single or fiscal year.
A vote on the resolution resulted as follows:
Carried (8 -0)
Alderperson Cummings out of room at time of vote.
* 17.2 Request to Release Funds from Restricted Contingency
By Alderperson Booth: Seconded by Alderperson Blanchard
RESOLVED, That funds placed in the Water and Sewer Restricted
Contingency Funds for the creation of an Assistant Superintendent
of Water and Sewer, be transferred as follows:
A. Transfer $23,000 from F1990 Restricted Contingency to F8311-
105 Water Fund Administration.
B. Transfer $23,000 from G1990 Restricted Contingency to G8111-
105 Sewer Fund Administration
and be it further
RESOLVED, That the Board of Public Works be authorized to fill
said position at the minimum salary level without review by the
Vacancy Committee established by this Common Council.
Amending Resolution
By Alderperson Booth: Seconded by Alderperson Peterson:
RESOLVED, That the first Resolved Clause read as follows:
"That funds placed in the Water and Sewer Restricted Contingency
Funds for the creation of an Assistant Superintendent of Water
and Sewer, be transferred to the following accounts, subject to
the Department of Public Works' reducing the Department's
expenditures for salaries within a two month period, with the
approval of Common Council, by an amount that equals that amount
that the filling of this Assistant Superintendent position will
impose on the General Fund, such amount to be determined by the
City Controller:" (Remainder of Resolution remains the same).
Alderperson Booth explained the Amending Resolution.
Discussion followed on the amendment with Alderperson Booth and
Vice -Chair of Board of Public Works Reeves answering questions
from Council.
12
9dG3
February 6, 1991
b. The Mayor shall be vested with the authority, on behalf
of Common Council, to commence disciplinary action against
officers appointed pursuant to this section. In addition, Common
Council, by the affirmative vote of at least two - thirds of its
members (taken in executive session), may commence the procedure
for the removal of any officer holding permanent appointment
pursuant to this section.
C. The Mayor shall provide an officer against whom
disciplinary action is being commenced with a written notice
which specifies the action being taken and the reason(s) why.
The Mayor shall notify the chairperson of the appropriate Common
Council committee as defined in the department head performance
evaluation procedure, whenever disciplinary action is commenced
pursuant to this section.
d. Any officer holding permanent appointment pursuant to
this section may be removed, following notice as provided herein:
(� 1. By the Common Council by the affirmative vote of at
least two - thirds of its members; or
D 2. By the Mayor with the approval of a majority vote of
m Common Council.
Q
e. An officer may challenge a disciplinary action commenced
pursuant to this section by requesting a due process hearing, in
writing, within ten days of the receipt of the notice that a
disciplinary action is being commenced.
f. Common Council shall commence a due process hearing, if
requested by the officer, within forty -five days of the receipt
of the request. Such due process hearing shall then be conducted
expeditiously. Common Council shall have the authority to
appoint a hearing officer. Common Council may delegate to this
hearing officer the authority to conduct the hearing, make
findings of fact, and /or determine all issues including whether
any disciplinary action should be sustained, rescinded or
modified. Common Council, by the majority vote of its members,
or a hearing officer if appointed and delegated with the
appropriate authority, may sustain, rescind or modify the
disciplinary action. The decision of the majority of Common
Council or the decision of the hearing officer, if appointed,
shall be final and binding on all parties except for the right of
the department head to pursue appeal to the court of appropriate
jurisdiction.
g. Officers appointed pursuant to this section on a
provisional or probationary basis may be removed by the Mayor or
by a vote of two - thirds of the members of Common Council in
accordance with the provisions of the Civil Service Law.
h. No disciplinary action shall be commenced against a city
officer more than two years after the occurrence of the alleged
act(s) for which discipline is being considered; provided,
however, that such limitation shall not apply where the alleged
act(s) would, if proven in a court of appropriate jurisdiction,
constitute a criminal offense.
i. An officer has the right to be represented by an
attorney, or other representative of his /her choice, at every
stage of this disciplinary procedure.
j. This procedure shall be used in lieu of Sections 75 and
76 of the Civil Service Law and shall replace the provisions of
said sections.
11
f. N;
February 6, 1991
WHEREAS, a preliminary review of the existing Hall of Justice
indicates that significant improvements in energy conservation,
staff efficiency and economies of scale during construction may
be gained by renovating the Police Department space in
conjunction with the City Court expansion; now, therefore, be it
RESOLVED, That Capital Project #242 for the construction and /or
reconstruction of a City Court Facility be increased from
$1,3000,000 to $2,000,000., and be it further
RESOLVED, That the additional financing for said project be
provided by appropriating the required down payment of $35,000
from Capital Reserve #24 for energy conservation improvements and
by the issuance of serial bonds in the amount of $665,000.
Carried (8 -0)
Alderperson Cummings out of room at time of vote.
* 17.6 Authorize Mayor to Execute Sale of Fire Station No. 6
By Alderperson Booth: Seconded by Alderperson Romanowski
WHEREAS, this Common Council, by resolution duly adopted at its
regular meeting on May 2, 1990, declared that as soon as Fire
Station No. 6 located at 626 West State Street is vacated by the
Fire Department the property will no longer be needed for
general City purposes and will be surplus property, and
authorized the City Attorney to initiate the procedure for sale
of such property, and
WHEREAS, the Board of Fire Commissioners, at its regular meeting
on December 11, 1990, declared that effective December 12, 1990,
Fire Station No. 6 is vacated and no longer needed for Fire
Department purposes , and
WHEREAS, this Common Council, by resolution duly adopted at its
regular meeting on November 7, 1990, directed the City Attorney
to take all necessary steps to sell Fire Station No. 6 to the
highest bidder by receiving sealed bids subject to the condition
that this Council, by majority vote, reserved the right to reject
any bid under $210,000., and
WHEREAS, the sale of the property by sealed bids has been duly
advertised and sealed bids have been received and reviewed, and
WHEREAS, the highest bid received was the bid from Bangs
Ambulance, Inc., in the amount of $225,666.00., and
WHEREAS, this Council, by resolution duly adopted at its regular
meeting on January 2, 1991, accepted the offer from Bangs
Ambulance, Inc. and directed the City Attorney to negotiate a
contract for the transfer of the said property, and
WHEREAS, the City Clerk has given the appropriate public notice
that this Council shall consider the approval of this contract at
this meeting; now, therefore, be it
RESOLVED, That the Mayor is hereby authorized to enter into the
contract with Bangs Ambulance, Inc. for the transfer of said
property and that he is further authorized to execute and deliver
all necessary and appropriate documents to consummate the
transfer of this property.
Carried (8 -0)
Alderperson Cummings out of room at time of vote.
14
�6
February 6, 1991
A vote on the Amendment resulted as follows:
Ayes (7) Booth, Peterson, Golder, Romanowski, Blanchard,
Hoffman, Schroeder
Nay (1) Daley
Carried
Alderperson Cummings out of room at time of vote.
Main Motion as Amended
A vote on the Main Motion as Amended resulted as follows:
Ayes (8) Booth, Peterson, Golder, Romanowski, Blanchard,
Hoffman, Schroeder, Daley
Carried (8 -0)
Alderperson Cummings out of room at time of vote.
* 17.3 Request for Revision of Assistant City Attorney Position
By Alderperson Booth: Seconded by Alderperson Golder
(� RESOLVED, That the position of Assistant City Attorney be
M assigned to the City of Ithaca Managerial Compensation Plan at a
-D 1991 salary range of $34,601 - $54,930, and be it further
Cn RESOLVED, That the Personnel Administrator be authorized and
Q directed to file a petition with the Public Employment Relations
Board to designate the position of Assistant City Attorney as a
managerial position pursuant to Section 201.7(a) of the New York
State Civil Service Law.
Carried (8 -0)
Alderperson Cummings out of room at time of vote.
* 17.4 Request to Hire Architect for City Court Facility Program
and Site Evaluation Analysis
By Alderperson Booth: Seconded by Alderperson Daley
WHEREAS, the City Court Review Committee has been directed by the
Mayor and Common Council to select an architectural firm to
provide architectural services for the Court Facility Plan
adopted by Council on August 3, 1989, and
WHEREAS, the Review Committee issued a Request for Proposals to a
number of architectural firms, evaluated those proposals,
interviewed three architectural firms and, as a result,
recommended Perkins, Geddis, Eastman Architects for this project;
now, therefore, be it
RESOLVED, That Perkins, Geddis, Eastman Architects be retained by
the City to provide architectural services for the program and
site evaluation analysis for the City Court and Police
Department, which constitutes the first phase of work for this
project, and be it further
RESOLVED, That the Mayor, upon the recommendation of the City
Attorney be authorized to execute a contract with Perkins,
Geddis, Eastman for this first phase of work for a contract
amount not to exceed $16,200.
(move Carried (8 -0)
Alderperson Cummings out of room at time of vote.
* 17.5 Request to Increase Authorization for City Court Facility
Capital Project #242
By Alderperson Booth: Seconded by Alderperson Daley
WHEREAS, the architectural firm of Perkins, Geddis and Eastman
has been engaged to perform a program and site evaluation
analysis for the City Court and Police Department, and
13
February 6, 1991
A vote on the resolution resulted as follows:
Ayes (8) - Booth, Romanowski, Blanchard, Peterson, Daley,
Cummings, Schroeder, Golder
Nay ,(1) - Hoffman
Carried (8 -1)
* 17.8 Request for Extension of GIAC Pool Contract
By Alderperson Booth: Seconded by Alderperson Peterson
WHEREAS, on September 27, 1989 an agreement was executed between
the City of Ithaca and Hoffman, O'Brien, Look & Taube, PC, for
schematic design phase services for the GIAC pool, and
WHEREAS, the time period of the original agreement has expired,
and
WHEREAS, HOLT has proposed an amendment to extend the original
agreement, and
WHEREAS, the amendment specifies higher hourly rates for
architectural and consultant services but states that the NOT -to
Exceed Fee Limit shall be maintained, and
WHEREAS, the current amendment cancels a previous amendment
increasing HOLT's services and fees for the site plan review
process in anticipation that site plan review for this project
may ultimately be undertaken by staff in the Department of
Planning and Development; now, therefore, be it
RESOLVED? That the Common Council approves
dated February 6, 1991, as proposed by the
Hoffman, O'Brien, Look & Taube.
Carried Unanimously
Amendment No. 89043C
architectural firm of
* 17.9 Request to Increase Authorization for Computer
Acquisition Capital Project #211
By Alderperson Booth: Seconded by Alderperson Peterson
WHEREAS, the Finance Department, the Police Department, and the
Parking Meter Division of the Department of Public Works have
recommended that Hand Held Computers and related Hardware and
Software be acquired to improve the efficiency of the City's
Traffic Violations Enforcement System, and
WHEREAS, the implementation of this system will decrease the
input component of traffic violations significantly, thereby
permitting the elimination of a vacant position within the
Finance Department, and
WHEREAS, the timely recording of unpaid tickets will increase the
collectibility of our outstanding fines; now, therefore, be it
RESOLVED, That Capital Project #211 Computer Acquisition be
increased by $75,000., to acquire ten Hand Held Computer Systems,
and related Hardware and Software required to upgrade our
existing traffic violation system, and be it further
RESOLVED, That the financing for such acquisition shall be
derived from the issuance of Bond Anticipation Notes to be
amortized over a five year period.
Carried Unanimously
* 17.10 Bond Resolution - Various 1991 Capital Proiects
By Alderperson Booth: Seconded by Alderperson Peterson
BOND RESOLUTION DATED FEBRUARY 6, 1991.
A RESOLUTION AUTHORIZING THE ISSUANCE OF $2,847,720 SERIAL BONDS
AND THE APPROPRIATION AND EXPENDITURE OF $132,650 MONIES OF THE
CITY OF ITHACA, NEW YORK, TO PAY THE COST OF VARIOUS CAPITAL
IMPROVEMENTS FOR SAID CITY.
-1F
261
February 6, 1991
* 17.7 Authorize Mayor to Execute Ironics, Inc. /Option Agreement
By Alderperson Booth: Seconded by Alderperson Blanchard
WHEREAS, City staff has been negotiating the sale of
approximately 5,300 sq. ft. of land in Carpenter Business Park to
V. Giordano, landlord to Ironics, Inc. to allow the construction
of a 3,000 sq. ft. addition to a building leased to Ironics, and
WHEREAS, this sale is important, in retaining Ironics, Inc. in
the City and adding ten to twelve new jobs during the next
twenty -four months, and
WHEREAS, city staff has also negotiated an option agreement with
Ironics, Inc. for a 2.6 acre site within Carpenter Business Park,
and
WHEREAS, this option agreement provides the City with the first
opportunity to retain Ironics in the City over the long term,
thereby fulfilling the goals of job retention and creation as
described to the Federal funding agencies participating in the
(� development of Carpenter Business Park, and
WHEREAS, execution of the sale and option agreement will be
essential to persuading one of these agencies to remain involved
co in this project; now, therefore, be it
Q
RESOLVED, That the Mayor, subject to the review of the City
Attorney be authorized to execute the necessary legal documents
to finalize the sale and option agreements in accordance with the
following terms and conditions:
1. Sale of approximately 5,320 sq. ft. of land in Carpenter
Business Park
Price: $ 1.04 /sq. ft. or $5,532.80 based on the
approximate square footage above.
Terms: Certified check at closing
Title: Bargain and Sale Deed
Seller to convey a marketable title. City to have an
easement for ingress /egress over the approximate ten foot
strip of land to be conveyed.
2. Option Agreement for 2.6 acre site in Carpenter Park
a. Option Term: 2 years
b. Option Fee: $1,500 per year for entire 2.6
acre site
3. Should Ironics elect to exercise the option, one -half of the
option fee will be applied to the first year's lease
payment. '
4. If the City locates a tenant interested in this particular
site, Ironics will have a 30 -day notice to decide to
exercise the option. If Ironics decides not to exercise the
option, all option fees will be returned to Ironics and the
City will regain full control of the site.
Discussion followed on the floor.
Alderperson Cummings returned to meeting at 9:35 p.m.
Alderperson Hoffman explained that although he was in favor of
selling the land, he objects to the terms. The proposed price
reflects the federal subsidy; he opposes granting that subsidy in
this case because the City is not receiving the same kinds of
commitments that other tenant /purchasers must make, such as the
employment maintenance policy.
15
X70
February 6, 1991
Section 3. The plan for the financing of each of the
specific objects or purposes or classes of objects or purposes
set forth in Section 2 hereof shall consist of the issuance of
the serial bonds and bond anticipation notes, the expenditure of
current funds and the expenditure of monies from the Capital
Reserve Fund for Energy Improvements and from its Capital Reserve
Fund for Department of Public Works Equipment, which serial bonds
and monies shall be allocated as follows:
a. $1,900,000 serial bonds,
$35,000 monies from the Capital
Improvements shall be allocated
construction of a new Court Facility
existing Hall of Justice described i
hereof;
$65,000 current funds and
Reserve Fund for Energy
to pay the cost of the
or the reconstruction of the
n subdivision a of Section 2
b. $150,400 serial bonds and $7,850 current funds to pay
the cost of the reconstruction of the State Street Pedestrian
Mall described in subdivision b of Section 2 hereof;
C. $76,000 serial bonds and $4,200 current funds to pay the
cost of the reconstruction of the Youth Bureau Facility described
in subdivision c of Section 2 hereof;
d. $79,800 serial bonds and $4,200 current funds to pay the
cost of the reconstruction of various fire stations described in
subdivision d of Section 2 hereof;
e. $142,500 serial bonds and $7,500 current funds to pay
the cost of the installation of new heating and cooling systems
in City Hall described in subdivision e of Section 2 hereof;
f. $85,500 serial bonds and $4,500 current funds to pay the
cost of the reconstruction of various sidewalks throughout the
City described in subdivision f of Section 2 hereof;
g. $87,400 serial bonds and $4,600 moneys from the Capital
Reserve Fund for Department of Public Works Equipment to pay the
cost of the purchase of a street sweeper for the Department of
Public Works described in subdivision g of Section 2 hereof;
h. $120,000 serial bonds to pay the cost of the
reconstruction of various sewer lines described in subdivision h
of Section 2 hereof; and
i. $131,120 serial bonds to pay the cost of the purchase of
a sewer cleaner described in subdivision i of Section 2 hereof;
and
j. $75,000 serial bonds to pay the cost of computer
equipment described in subdivision j of Section 2 hereof.
Section 4. It is hereby determined that the period of
probable usefulness of the specific objects or purposes or
classes of objects or purposes set forth in Section 2 hereof are
as follows:
a. the period of probable usefulness of the aforesaid new
Court Facility or the reconstruction of the existing Hall of
Justice is twenty years, pursuant to subdivision 12(a)(1) of
paragraph a of Section 11.00 of the Local Finance Law;
b. the period of probable usefulness of the reconstruction
of the State Street Pedestrian Mall is twenty years, pursuant to
subdivision 80 of paragraph a of Section 11.00 of the Local
Finance Law;
m
J
261
February 6, 1991
WHEREAS, all conditions precedent to the financing of the capital
improvements hereinafter described, including compliance with the
provisions of the State Environmental Quality Review Act, have
been performed, and
a. The construction of a new Court Facility or the
reconstruction of the existing Hall of Justice, a specific object
or purpose, at a maximum estimated cost of $2,000,000;
b. The reconstruction of the State Street Pedestrian Mall,
a specific object or purpose, at a maximum estimated cost of
$158,250;
C. The reconstruction of the Youth Bureau Facility, a
specific object or purpose, at a maximum estimated cost of
$80,000;
d. The reconstruction of various fire stations, a class of
objects or purposes, at a maximum estimated cost of $84,000;
e. The installation of new heating and cooling systems in
City Hall, a specific object or purpose, at a maximum estimated
cost of $150,000;
f. The reconstruction of various sidewalks throughout the
City, a class of objects or purposes, at a maximum estimated cost
of $90,000;
g. The purchase of a street sweeper for the Department of
Public Works, a specific object or purpose, at a maximum
estimated cost of $92,000;
h. The reconstruction of various sewer lines, a class of
objects or purposes, at a maximum estimated cost of $120,000;
i. The purchase of a sewer cleaner, a specific object or
purpose, at a maximum estimated cost of $131,120; and
j. The payment of cost of computer equipment in connection
with the upgrading of various computer systems of said City, a
class of objects or purposes, at a maximum estimated cost of
$75,000.
17
WHEREAS, it is now desired to authorize the financing of such
capital improvements; 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 objects or purposes or
classes
of objects or purposes of paying costs of the
capital
improvements specified in Section 2 hereof, there are
hereby
authorized to be issued $2,847,720 serial bonds pursuant
to the
provisions of the Local Finance Law, and there are
hereby
authorized to be expended $132,650 current funds or reserve
funds
of said City, which current funds or reserve funds are
hereby
appropriated therefor.
CO
M
Section 2. The capital improvements in and for the
City of
Ithaca, Tompkins County, New York, for which such serial
bonds,
bond anticipation notes, current funds and reserve funds,
shall
be expended, whether a capital improvement is a specific
object
or purpose or class of objects or purposes and the
maximum
estimated cost of each of such capital improvements
are as
follows:
a. The construction of a new Court Facility or the
reconstruction of the existing Hall of Justice, a specific object
or purpose, at a maximum estimated cost of $2,000,000;
b. The reconstruction of the State Street Pedestrian Mall,
a specific object or purpose, at a maximum estimated cost of
$158,250;
C. The reconstruction of the Youth Bureau Facility, a
specific object or purpose, at a maximum estimated cost of
$80,000;
d. The reconstruction of various fire stations, a class of
objects or purposes, at a maximum estimated cost of $84,000;
e. The installation of new heating and cooling systems in
City Hall, a specific object or purpose, at a maximum estimated
cost of $150,000;
f. The reconstruction of various sidewalks throughout the
City, a class of objects or purposes, at a maximum estimated cost
of $90,000;
g. The purchase of a street sweeper for the Department of
Public Works, a specific object or purpose, at a maximum
estimated cost of $92,000;
h. The reconstruction of various sewer lines, a class of
objects or purposes, at a maximum estimated cost of $120,000;
i. The purchase of a sewer cleaner, a specific object or
purpose, at a maximum estimated cost of $131,120; and
j. The payment of cost of computer equipment in connection
with the upgrading of various computer systems of said City, a
class of objects or purposes, at a maximum estimated cost of
$75,000.
17
r. E
February 6, 1991
2) The provisions of law which should be complied with at
the date of publication of this resolution are not substantially
complied with,
and an action, suit or proceeding contesting such validity is
commenced within twenty days after the date of such publication,
or
3) Such obligations are authorized in violation of the
provisions of the Constitution.
Section 8. 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.
City Controller Cafferillo explained the Bond Resolution.
A roll call vote on the foregoing resolution resulted as follows:
Aye
- Romanowski
Aye
- Blanchard
Aye
- Cummings
Aye
- Hoffman
Aye
- Peterson
Aye
- Daley
Aye
- Golder
Aye
- Schroeder
Aye
- Booth
Absent - Johnson
Carried
* 17.11 Request for Extension of Time Frame for Vacancy
Committee Recommendation
By Alderperson Booth: Seconded by Alderperson Hoffman
WHEREAS, the Vacancy Review Committee was established by Common
Council at its meeting of November 7, 1990, "effective
immediately and authorized to operate until February 6, 199111,
and
WHEREAS, the need for an in depth review of all vacant positions
within City Government continues to exist; now, therefore, be it
RESOLVED, That the Review Committee, consisting of the Mayor and
the Chair and Vice -Chair of the Budget and Administration
Committee, working in consultation with the City Controller and
the appropriate Department Head, be authorized to continue
through December 31, 1991.
Ayes (8) - Booth, Hoffman, Peterson, Cummings, Golder
Romanowski, Blanchard, Schroeder
Nay (1) - Daley
Carried
* 17.12 Request for Employee Incentive Award
By Alderperson Booth: Seconded by Alderperson Daley
WHEREAS, the City Controller and City Chamberlain have
recommended Office Manager Joyce Day for an employee incentive
aware pursuant to the terms of the CSEA Administrative Contract,
and
WHEREAS, the City Controller and City Chamberlain have provided
the Budget and Administration Committee with substantial
justification for granting this Employee Incentive Award, and
WHEREAS, the City Controller and City Chamberlain's
recommendation complies with the procedures and guidelines
outlined in the CSEA Administrative Unit Contract; now,
-therefore, be it
20
x:'71
February 6, 1991
C. the period of probable usefulness of the aforesaid
reconstruction of the Youth Bureau Facility is twenty years,
pursuant to subdivision 12(a)(1) of paragraph a of Section 11.00
of the Local Finance Law.
d. the period of probable usefulness of the aforesaid
reconstruction of various fire stations is twenty years, pursuant
to subdivision 12(a)(1) of paragraph a of Section 11.00 of the
Local Finance Law.
e. the period of probable usefulness of the aforesaid
installation of new heating and cooling systems is ten years,
pursuant to subdivision 13 of paragraph a of Section 11.00 of the
Local Finance Law.
i. the period of probable usefulness of the aforesaid
purchase of a sewer cleaner is thirty years, pursuant to
subdivision 4 of paragraph a of Section 11.00 of the Local
Finance Law; and
j. the period of probable usefulness of the aforesaid
purchase of computer equipment in connection with the upgrading
of various computer systems is five years, pursuant to
subdivision 32 of paragraph a of Section 11.00 of the Local
Finance Law.
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 faith and credit of said City of Ithaca,
Tompkins County, New York, are hereby irrevocably pledged for the
payment of the principal of and interest on such obligations as
the same respectively become due and payable. An annual
appropriation shall be made in each year sufficient to pay the
principal of and interest on such obligations becoming due and
payable in such year.
Section 7. 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
19
f. the
period of probable
usefulness of
the aforesaid
reconstruction
of various sidewalks
is ten years,
pursuant to
subdivision 24
of paragraph a of
Section 11.00
of the Local
CO
Finance Law.
D
CO
g. the
period of probable
usefulness of
the aforesaid
CO
purchase of a
street sweeper is
fifteen years,
pursuant to
subdivision 28
of paragraph a of
Section 11.00
of the Local
Q
Finance Law.
h. the
period of probable
usefulness of
the aforesaid
reconstruction
of various sewer lines is forty years, pursuant to
subdivision 4
of paragraph a of
Section 11.00
of the Local
Finance Law.
i. the period of probable usefulness of the aforesaid
purchase of a sewer cleaner is thirty years, pursuant to
subdivision 4 of paragraph a of Section 11.00 of the Local
Finance Law; and
j. the period of probable usefulness of the aforesaid
purchase of computer equipment in connection with the upgrading
of various computer systems is five years, pursuant to
subdivision 32 of paragraph a of Section 11.00 of the Local
Finance Law.
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 faith and credit of said City of Ithaca,
Tompkins County, New York, are hereby irrevocably pledged for the
payment of the principal of and interest on such obligations as
the same respectively become due and payable. An annual
appropriation shall be made in each year sufficient to pay the
principal of and interest on such obligations becoming due and
payable in such year.
Section 7. 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
19
NIT
February 6, 1991
RESOLVED, That Deborah Griffen's 1991 salary be increased to
$15,776., effective February 11, 1991, and be it further
RESOLVED, That this authorized increase in the number of hours to
be worked by Deborah Griffen shall be subject to her
determination that she has been able to find satisfactory day
care services for her children.
Carried Unanimously
*
17.15 Request for Employee Salary Adjustment
By Alderperson Booth: Seconded by Alderperson Schroeder
WHEREAS, increased responsibility, including administration of
the trash tag system and of the dual installment county tax
system, coupled with the reduction in staff in the office of the
City Chamberlain has significantly increased the workload for the
City Chamberlain, and
WHEREAS, Debra Parsons has accepted and performed all the
additional responsibilities imposed upon that office efficiently
and admirably, and
WHEREAS, based on the effective performance of City Chamberlain
Debra Parsons, the City Controller, as immediate Supervisor, and
the Mayor, as appointing Officer, have recommended a salary
increase; now, therefore, be it
RESOLVED, That Debra Parson's 1991 annual salary be increased to
$37,419, effective February 11, 1991.
Carried Unanimously
* 17.16 Request for Employee Salary Adjustment
By Alderperson Booth: Seconded by Alderperson Peterson
WHEREAS, the total staff within the Office of the City Clerk was
reduced from four to three individuals during 1990, and
WHEREAS, City Clerk Callista Paolangeli has accepted additional
duties in spite of such staff reduction,., including administrative
direction over the State Mandated Records Management System, and
the generation of minutes of various new boards and commissions,
and
WHEREAS, City Clerk Paolangeli has accepted all additional
responsibilities willingly and performed said duties effectively
and admirably, and
WHEREAS, as based on said performance, the City Controller, as
immediate Supervisor and the Mayor, as appointing Officer, have
recommended a salary increase; now, therefore, be it
RESOLVED, That Callista Paolangeli's 1991 annual salary be
increased to $38,112., effective February 11, 1991.
Carried Unanimously
* 17.17 Request for Relocation Expenses for Deputy City Clerk
By Alderperson Booth: Seconded by Alderperson Hoffman
RESOLVED, That the relocation moving expenses of Deputy Clerk
Julie Boyle be paid up to an amount not to exceed $800.
Carried Unanimously
* 17.18 Deletion of Account Clerk /Typist Position
By Alderperson Booth: Seconded by Alderperson Hoffman
WHEREAS, the Finance Department is revising the existing traffic
violations process under the immediate supervision of the City
Chamberlain, and
WHEREAS, the use of the Hand Held Computer Systems for the
issuance of traffic violation tickets shall reduce the amount of
repetitive input required by existing personnel, and
22
4,'7:3
February 6, 1991
RESOLVED, That Joyce Day's salary be increased by eight (8 %)
percent to an annual salary of $29,029., effective January 10,
1991.
Alderperson Golder stated, for the record, that he is going to
find himself in the position of voting against some pay raises
but in favor of others. He said that obviously he wants City
employees who are very hard working to make better and better
pay. The two merit increases on the agenda are in conjunction
with a certain restructuring of the department; basically there
will be fewer people doing more work and of course these people
should be paid more.
Alderperson Golder said that besides his other arguments about
how merit pay is not a fair way to go, and it is not available to
all employees equally, he does not think merit should be used in
the process of changing the department. Therefore, he will be
voting against the merit increases and will be voting for the
co
other salary adjustments because those people are not covered by
co the contract.
D Discussion followed on the floor.
M A vote on the resolution resulted as follows:
Ayes (8) - Booth, Romanowski, Peterson, Cummings, Daley,
Hoffman, Schroeder, Blanchard
Nay (1) - Golder
Carried
* 17.13 Finance - Rey
By Alderperson Booth:
WHEREAS, the City
recommended Principal
incentive award pursu
Contract, and
west for Employee Incentive Award
Seconded by Alderperson Peterson
Controller and City Chamberlain have
Account Clerk Marna McNeal for an employee
ant to the terms of the CSEA Administrative
WHEREAS, the City Controller and City Chamberlain have provided
the Budget and Administration Committee with substantial
justification for granting this Employee Incentive Award, and
WHEREAS, the City Controller and City Chamberlain's
recommendation complies with the procedures and guidelines
outlined in the CSEA Administrative Unit Contract; now,
therefore, be it
RESOLVED, That Marna McNeal's salary be increased by eight (8 %)
percent to an annual salary of $27,956., effective January 10,
1991.
Ayes (8) - Booth, Romanowski, Cummings, Daley, Schroeder,
Blanchard, Hoffman, Peterson
Nay (1) - Golder
Carried
* 17.14 Request to Adiust Employee Salary and Hours
By Alderperson Booth: Seconded by Alderperson Schroeder
WHEREAS, the elimination of an account clerk typist position
within the Finance Department will adversely affect the City
Chamberlain's ability to schedule office personnel; now,
therefore, be it
RESOLVED, That in the interest of providing the City Chamberlain
additional flexibility in the scheduling of officer personnel,
the established work week of Senior Account Clerk Deborah Griffen
be increased from 35 hours to 40 hours per week, and be it
further
21
2rG (1
February 6, 1991
WHEREAS, the Department of Transportation on December 12, 1990
presented two new design alternatives for the Route 13 project-
- Plan 1C and Plan 2C -- both of which retain the existing two -
lane width of Route 13, and
WHEREAS, at the December 12 public information meeting, the
Department of Transportation received more comments and concerns
about the Route 13 project and its implications for traffic
safety; now therefore, be it
RESOLVED, That Common Council reaffirms its support for
replacement of the deteriorated bridges and for a project that
has basically the same two -lane width as the existing road; more
specifically, Common Council prefers Alternatives 1C and 2C over
the earlier design concepts, and be it further
RESOLVED, That Common Council's support of Alternative 1C or 2C
is not intended to oppose the inclusion of a third lane where
needed for turning, for example to provide safer access to the
proposed Zikakis Shopping Center, to the Gentle Touch Center for
Children, and at the intersections with Buttermilk Falls Road and
Sandbank Road, and be it further
RESOLVED, That while Common Council desires that a physical
demarcation remain between the City and the Town, the Council
does not oppose a modest "trimming back" of the western railroad
abutment to improve visibility, provided that such action does
not interfere with the feasibility of a grade separated crossing
of Route 13 by the Cayuga Inlet pedestrian /bicycle trail planned
by the City of Ithaca and Finger Lakes State Parks.
Alderperson Hoffman explained why the resolution was back before
Council and discussion followed on the floor.
Amending Resolution
By Alderperson Romanowski: Seconded by Alderperson Daley
RESOLVED, That in the last Resolved Clause, the words "a modest
'trimming back' of the western railroad abutment" be deleted, and
the words "the removal of the railroad abutments" be inserted in
its place.
Alderperson Romanowski explained his amendment and extensive
discussion followed on the floor.
Amending Resolution
Alderperson Schroeder offered the following amendment to the last
Resolved Clause:
RESOLVED, That the words "does not oppose a modest 'trimming
back' of the western railroad abutment" be deleted and the words
"supports the trimming back of the railroad abutments" be
inserted.
There was no second to Alderperson Schroeder's amendment.
Further discussion followed on Alderperson Romanowski's
amendment.
Amending Resolution
By Alderperson Golder: Seconded by Alderperson Hoffman
RESOLVED, That in the last Resolved Clause, the words "does not
oppose a modest 'trimming back' of the western railroad abutment"
be deleted and the words "supports the modification of the
western railroad abutment" be inserted.
Ayes (2) - Golder, Hoffman
Nays (7) - Booth, Peterson, Blanchard, Romanowski, Daley,
Schroeder, Cummings
Motion Fails
24
u 7.5
February 6, 1991
WHEREAS, other adjustments in operations are currently being
implemented elsewhere within the Chamberlain's office in the
interest of reducing the existing personnel level; now,
therefore, be it
RESOLVED, That a vacant account clerk /typist position, which is
currently funded in the Chamberlain's Office at an annual salary
of $12,902 shall be deleted.
Carried Unanimously
* 17.19 Audit
By Alderperson Booth: Seconded by Alderperson Peterson
RESOLVED, That the bills presented, as listed on Audit Abstract
2/1991 in the total amount of $46,010.58 be approved for payment.
Carried Unanimously
* 17.20 Transfer of Carpenter Business Park from City of Ithaca
to Ithaca Urban Renewal Agency
By Alderperson Booth: Seconded by Alderperson Peterson
co WHEREAS, the City of Ithaca has set aside City -owned land for use
M as a business park to be known as Carpenter Business Park, and
Co WHEREAS, an administrative and managerial entity is required to
Co d
oversee the leasing of sites in the facility, and
WHEREAS, the Common Council has established leasing guidelines
for the leasing of these sites, and
WHEREAS, the Ithaca Urban Renewal Agency has indicated a
willingness to assume a lead role in this project, and
WHEREAS, transfer of ownership of the premises to the Ithaca
Urban Renewal Agency will expedite all facets of development and
leasing of the business park, and
WHEREAS, federal agencies involved in the financing of the
project are agreeable to said transfer from the City of Ithaca to
the Ithaca Urban Renewal Agency; now, therefore, be it
RESOLVED, That the Mayor is directed, upon the advice of the City
Attorney and 'the Director of Planning and Development, to
effectuate the transfer of ownership of the premises to be used
as the Carpenter Business Park, or any part thereof to the Ithaca
Urban Renewal Agency.
City Attorney Guttman explained to Council the advantages of
transferring this property to the IURA. He stated that the
streets, the parking area and the Community Gardens will not be
transferred to the IURA.
Further discussion followed on the floor.
A vote on the resolution resulted as follows:
Ayes (8) - Booth, Romanowski, Peterson, Daley, Golder,
Cummings, Schroeder, Blanchard
Nay (1) - Hoffman
Carried
PLANNING AND DEVELOPMENT COMMITTEE:
*18.1 Route 13 Bridge Replacement Project
By Alderperson Hoffman: Seconded by Alderperson Daley
WHEREAS, Common Council by resolution on December 5, 1990 urged
the Department of Transportation to replace the deteriorated
bridges on Route 13 south of the City, and to retain the existing
two -lane width for Route 13, and
23
�• <sl
February 6, 1991
RESOLVED, that Common Council reaffirms its support for
replacement of the deteriorated bridges and for a project that
has basically the same two -lane width as the existing road; more
specifically, Common Council prefers Alternatives 1C and 2C over
the earlier design concepts and reaffirms its support for a grade
separated pedestrian /bicycle crossing as part of the design, and
be it further
RESOLVED, that Common Council's support of Alternative 1C or 2C
is not intended to oppose the inclusion of a third lane where
needed for turning, for example to provide safer access to the
proposed Zikakis Shopping Center, to the Gentle Touch Center for
Children, and at the intersections with Buttermilk Falls Road and
Sandbank Road.
Main Motion as Amended
A vote on the Main Motion as Amended resulted as follows:
Ayes (6) - Hoffman, Booth, Cummings, Daley, Schroeder,
Golder
Nay (3) - Romanowski, Peterson, Blanchard
Carried
* 18.2 Route 96 Substitute Lands
By Alderperson Hoffman: Seconded by Alderperson Daley
WHEREAS, the accepted alternative for the Route 96 /Octopus
project requires utilization of certain park lands acquired in
part with federal funds administered through the National Park
Service, and
WHEREAS, federal law requires that in order to utilize these
park lands they be alienated and converted, and that substitute
land be acquired for use as park, and
WHEREAS, the NYSDoT has determined that it has the authority to
acquire the land required for substitution, and
WHEREAS, the NYSDoT has requested that the City of Ithaca make a
recommendation regarding which lands are to be acquired, and
WHEREAS, it has been proposed that a Recreation Way connecting
Cass Park to Buttermilk Falls State Park be constructed, and
WHEREAS, lands for the Recreation Way are an appropriate
substitute for the Park Lands to be used for the Route 96 /Octopus
improvement project, now, therefore, be it
RESOLVED, That Council does hereby approve the substitution of
Recreation Way land for the lands to be used for the highway
improvement, and be it further
RESOLVED, That based on preliminary information received by the
City of Ithaca from the NYSDoT including the estimated value of
the Park Lands being acquired, the City of Ithaca believes the
substitute lands to be acquired will be of equal monetary value
and equal recreational use. The City of Ithaca does not intend,
by this resolution, to acknowledge that the preliminary figures
given to the City of Ithaca by the NYSDoT as to the value of the
Park Lands on Inlet Island accurately reflect the market value of
those lands. In the event that it is ultimately determined that
the monetary value of the Park Lands on Inlet Island being
acquired exceeds the monetary value of the proposed substitute
lands, the City of Ithaca expects and proposes that additional
substitute lands be acquired to equalize the monetary value of
the Park Lands on Inlet Island being acquired.
City Attorney Guttman gave an explanation of the resolution.
26
271
February 6, 1991
Mayor Nichols called for a vote on the amendment as presented by
Alderperson Romanowski and seconded by Alderperson Daley.
The vote on the Amending Resolution was as follows:
Ayes (4) - Romanowski, Daley, Blanchard, Booth
Nays (5) - Cummings, Schroeder, Golder, Peterson, Hoffman
Motion Fails
Amending Resolution
By Alderperson Schroeder: Seconded by Alderperson Daley
RESOLVED, That in the last Resolved Clause, the words "does not
oppose a modest 'trimming back' of the western railroad abutment"
be deleted and the words "supports the 'trimming back' of the
railroad abutments" be inserted in its place.
Ayes (4)
Nays (5)
(� Motion Fails
M Amending Resolution
—� By Alderperson Schroeder: Seconded by Alderperson Daley
m RESOLVED, That in the last Resolved Clause, the words "does not
oppose a modest 'trimming back' of the western railroad abutment"
Q be deleted and the words "does not oppose a modest 'trimming
back' of the railroad abutments" be inserted in its place.
Ayes (3)
Nays (6)
Motion Fails
Amending Resolution
By Alderperson Booth: Seconded by Alderperson Romanowski
RESOLVED, That the last Resolved Clause be stricken from the
resolution.
Ayes (5)
Nays (4)
Motion Carries
Amending Resolution
By Alderperson Daley: Seconded by Alderperson Schroeder
RESOLVED, That in the first Resolved Clause, at the end of the
paragraph, the following words be added: "and reaffirms its
support for a grade separated pedestrian /bicycle crossing as part
of the design ".
Ayes (8) - Booth, Daley, Schroeder, Blanchard, Peterson,
Hoffman, Cummings, Golder
Nay (1) - Romanowski
Carried
The Resolution as amended shall read as follows:
WHEREAS, Common Council by resolution on December 5, 1990 urged
the Department of Transportation to replace the deteriorated
bridges on Route 13 south of the City, and to retain the existing
two -lane width for Route 13, and
WHEREAS, the Department of Transportation on December 12, 1990
presented two new design alternatives for the Route 13 project-
- Plan 1C and Plan 2C -- both of which retain the existing two -
lane width of Route 13, and
WHEREAS, at the December 12 public information meeting, the
Department of Transportation received more comments and concerns
about the Route 13 project and its implications for traffic
safety; now therefore, be it
25
811
February 6, 1991
RESOLVED, That based on preliminary information received by the
City of Ithaca from the NYSDoT including the estimated value of
the Park Lands being acquired, it appears that the substitute
lands to be acquired will be of equal monetary value and equal
recreational use. The City of Ithaca does not intend, by this
resolution, to acknowledge that the preliminary figures given to
the City of Ithaca by the NYSDoT as to the value of the Park
Lands on Inlet Island accurately reflect the market value of
those lands. In the event that it is ultimately determined that
the monetary value of the Park Lands on Inlet Island being
acquired exceeds the monetary value of the proposed substitute
lands, the City of Ithaca expects and will insist that additional
substitute lands be acquired to equalize the monetary value of
the Park Lands on Inlet Island being acquired.
A vote on the amended resolution resulted as follows:
Carried Unanimously
* 18.3 "Pogo Parcel" Development Guidelines
By Alderperson Hoffman: Seconded by Alderperson Schroeder
WHEREAS, the City has acquired lands formerly owned by Francis
"Pogo" Paolangeli, located in the Northside of the City of Ithaca
for use for park and housing, and
WHEREAS, the Planning and Development Board has recommended
certain guidelines for development of the "Pogo Parcel ", now,
therefore, be it
RESOLVED that the Common Council adopt the attached "POGO
PARCEL" DEVELOPMENT GUIDELINES dated January 29, 1991.
"POGO PARCEL DEVELOPMENT GUIDELINES"
January 29, 1991
1. Affordability - Long Term affordability for housing of good
quality. [There is reasons to believe this goal is
attainable given local contractor estimates of the cost per
square foot to construct housing of the sort examined in
Syracuse ($50- $60 /sq. ft).]
2. Density - No more than the approximately 38 units permitted
current zoning, and compatible with the neighborhood.
[Investigations indicate that in fact it will be very
difficult to fit more than 30 units on this relatively small
site.]
3. Households served - The goal is for socio- economic mix.
With long term affordability the intention is to create a
stable mini - community, where households stay for an extended
period because they can afford the housing and have a
commitment to participation in the development.
4. Physical form - Compatible with other housing in the
neighborhood in building type (siding, windows, etc.)
scale, parking surface (pavement), grid and streetscape,
treescape.
5. Tenancy - As many units as possible offered at below market
rate (subsidized), with the possibility of a small number at
market rate if needed to make the project financially
feasible. [A mixed tenancy (owned and rented; subsidized
and market rate) would be ideal, but this may be extremely
difficult to achieve with so few units.]
6. - Private vs. non - profit ownership - Consistent with
maximizing long term affordability.
W
;:a
February 6, 1991
Amending Resolution
Alderperson Hoffman suggested the following amendment:
In the second Resolved Clause, third line, the words "the City of
Ithaca believes" be stricken and the words "it appears that" be
inserted.
There was no objection and Alderperson Hoffman's suggested change
was accepted.
Amending Resolution
Alderperson Booth suggested the following amendments:
In the first Resolved Clause, after the words "highway
improvement" the following words be added: ",as shown on the
January 1991 map entitled 'Map Showing Proposed Substitute 4(f)
Lands to be Acquired by New York State'."
In the second Resolved Clause, in the third line from the bottom,
co the word "proposes" be stricken and the words "will insist" be
(� inserted in its place.
There were no objections to the amendments and the new wording
m was accepted.
Q
Further discussion followed on the floor. City Attorney Guttman
and Director of Planning and Development VanCort responded to
questions from Council members.
Alderperson Peterson pointed out that there is an error in the
map showing proposed substitute 4(f) lands to be acquired by New
York State in regard to the City /Town lines. Director of
(400, Planning and Development VanCort will correct the map and
present corrected maps to the Mayor and Alderpersons.
The Resolution as amended shall read as follows:
WHEREAS, the accepted alternative for the Route 96 /Octopus
project requires utilization of certain park lands acquired in
part with federal funds administered through the National Park
Service, and
WHEREAS, federal law requires that in order to utilize these
park lands they be alienated and converted, and that substitute
land be acquired for use as park, and
WHEREAS, the NYSDoT has determined that it has the authority to
acquire the land required for substitution, and
WHEREAS, the NYSDoT has requested that the City of Ithaca make a
recommendation regarding which lands are to be acquired, and
WHEREAS, it has been proposed that a Recreation Way connecting
Cass Park to Buttermilk Falls State Park be constructed, and
WHEREAS, lands for the Recreation Way are an appropriate
substitute for the Park Lands to be used for the Route 96 /Octopus
improvement project, now, therefore, be it
RESOLVED, That Council does hereby approve the substitution of
Recreation Way land for the lands to be used for the highway
improvement as shown on the January 1991 map entitled 'Map
Showing Proposed Substitute 4(f) Land to be Acquired by New York
State, and be it further
27
February 6, 1991
There WE -REno objections and the language shall be added
as #5 of the Guidelines.
The Guidelines with Amendments shall read as follows:
"POGO PARCEL DEVELOPMENT GUIDELINES
January 29, 1991
1. Affordability - Long #erm or permanent affordability for
housing of good quality. As many units as possible offered
at below market rate.
2. Density - No more than the approximately 38 units permitted
by current zoning.
3. Households Served - The goal is for socio- economic mix.
With long term affordability the intention is to create a
stable mini - community, where households have the ability to
stay for an extended period because they can afford the
housing and have a commitment to participation in the
development.
4. Physical Form - Compatible with other housing in the
neighborhood in building type, scale, parking
configuration, streetscape, and treescape.
5. Accessibility - The project should incorporate significant
measures to provide accessibility to handicapped persons.
6. Energy Conservation - The project should incorporate
significant energy conservation measures, including
provision for passive solar gain, if possible.
A vote on the Main Motion with Amendments to the Guidelines
resulted as follows:
Carried Unanimously
* 18.4 Sale of City Owned Land to Mutual Housing Association of
Tompkins County
By Alderperson Hoffman: Seconded by Alderperson Schroeder
WHEREAS, Common Council has purchased the so- called "Pogo
Parcel," a vacant City block in Ithaca's Northside neighborhood,
and
WHEREAS, Common Council has accepted the recommendation of the
Northside Land Use Committee to devote approximately two - thirds
of the block to housing, with a preference for the encouragement
of affordable housing, and
WHEREAS, the Mutual Housing Association of Tompkins County, a
non - profit agency dedicated to the provision and maintenance of
permanently affordable housing, proposes to construct at least
28 units of affordable housing on the Pogo Parcel, in place of
attempting the same project (for which funding has already been
secured) on a less feasible site on West Hill, and
WHEREAS, the Mutual Housing Association of Tompkins County
proposal is consistent with the "Pogo Parcel Development
Guidelines" adopted by the Planning and Development Board and the
Common Council; now, therefore, be it
RESOLVED, That Common Council approves in concept the sale or
lease of all or part of the "Pogo Parcel" (not including the
future Northside Park) to the Mutual Housing Association of
Tompkins County, for the ultimate construction of at least 28
units of permanently affordable housing, at full value of said
land, said value to reflect the restrictions imposed on the
30
m
Q
�� 81
February 6, 1991
7. Energy Conservation - The project should incorporate
significant energy conservation measures, including
provision for passive solar gain, if possible.
Discussion followed on the floor on the Guidelines.
Amendments to Guidelines:
The following amendments were made to the Guidelines by
several Alderpersons:
# 1 - Remove the material within the brackets.
# 2 - Remove the material within the brackets. Delete the words
"and compatible with the neighborhood ".
# 3 In the third line, after the word "household" add the
words "have the ability to ".
There were no objections to the above amendments.
Amendment to Guidelines
By Alderperson Hoffman: Seconded by Alderperson Schroeder
RESOLVED, That in #1 the word "permanent" be inserted
words "Long term ". i
Discussion followed on the floor.
Amendment to Alderperson Hoffman's Amendment
By Alderperson Booth: Seconded by Alderperson Hoffman
RESOLVED, That in #1, after the words "Long term" , the words "or
permanent" be added.
Ayes (6) - Booth, Hoffman, Daley, Peterson, Schroeder,
Golder
Nays (3) - Romanowski,
Blanchard, Cummings
Carried
Amendment to Guidelines
By Alderperson Cummings: Seconded by Alderperson Hoffman
RESOLVED, That in #4, the words in parenthesis and the words
"surface" and "grid" be deleted, and that the word
. "configuration" be added after the word "parking ".
There were no objections and the wording was changed to read as
follows:
"Compatible with other housing in the neighborhood in building
type, scale, parking configuration, streetscape and treescape."
Amendment to Guidelines
By Alderperson Daley: Seconded by Alderperson Cummings
RESOLVED, That #5 be deleted except that the words "As many units
as possible offered at below market rate" be moved to #1.
There was no objection from'Council members to this change.
Amendment to Guidelines
Alderperson Daley suggested the #6 be deleted from the
Guidelines.
There was no objection and #6 was deleted.
Amendment to Guidelines
By Alderperson Booth: Seconded by Alderperson Cummings
RESOLVED, That there be a new #5, entitled Accessibility, to read
as follows:
"The project should incorporate significant measures to provide
accessibility to handicapped persons ".
29
x,81
February 6, 1991
Motion to Refer Back to Committee
By Alderperson Daley: Seconded by Alderperson Blanchard
RESOLVED, That the resolution on the sale of City -owned land to
the Mutual Housing Association (Approval in Concept) be sent back
to the Planning and Development Committee for one month in order
to give other potential developers time to come forward with
proposals.
Alderperson Daley stated that there are at least two other people
who have potential proposals that have been waiting for the
approval of the Council's previous resolution in order for them
to know exactly what will be required. He felt that a one month
delay will not jeopardize the Mutual Housing Association
proposal but it will set to rest any idea that the Mutual Housing
Association is somehow getting preferred treatment.
Planning and Development Director Van Cort explained the problems
if we delay this resolution and send it back to committee.
Extensive discussion followed on the floor.
Alderperson Cummings stated that she wants to go on record as
saying that' she expects there to be difficulties in negotiating
and securing financing for this. She stated that she expects
that what is going to pull this out in the end is some
combination of mutual housing plus private sector involvement and
she wants to leave the door open to be able to do that. She
wants to see housing on that site.
Mayor Nichols spoke against referring the resolution back to
committee. He stated that if we do not want to kill mutual
housing the only choice we have is to go ahead at this time to
see if we can reach an agreement. He said the danger is not only
losing future funding, the danger is that we are not going to be
able to use the money that we already have in the community
development funds for 1989. Clearly, we will not get any more if
we do not use those. He does not believe we can get affordable
housing for low and moderate income people without subsidies. He
does not know if we can reach agreement in a month but unless we
start now he is sure we will not make it.
A vote on the Motion to Refer resulted as follows:
Ayes (2) - Blanchard, Romanowski
Nays (7) - Cummings, Booth, Hoffman, Peterson, Schroeder,
Golder, Daley
Motion Fails
Amending Resolution
Alderperson Daley suggested that after the- second Resolved
Clause, another Resolved Clause be added to read as follows:
"RESOLVED, That this approval is contingent upon the Mutual
Housing Association of Tompkins County receiving the grant from
the Community Development Block Grant as proposed ".
Discussion followed on the floor with Planning and Development
Director answering questions from Council members.
Alderperson Peterson suggested that perhaps Alderperson Daley
would accept the following:
That under the third Resolved Clause, after the words " specific
terms" in the third line, the following words could be inserted,
"including consideration that the Mutual Housing Association
receive the grant from the Community Development Block Grant as
proposed" for such sale or lease, ...etc.
32
283
February 6, 1991
parcel by the "Development Guidelines," as well as any other
restrictions that may be imposed by Common Council prior to the
sale, and be it further
RESOLVED, That this approval is contingent upon the negotiation
and execution of a final agreement acceptable to the Common
Council, and the completion and consideration of required
environmental review, and be it further
RESOLVED, That the Intergovernmental Relations Committee, working
with the City Attorney and the Director of Planning, is
authorized and directed to negotiate specific terms of such
sale, and to bring said proposed terms to Common Council as soon
as possible for a final vote, and be it further
RESOLVED, That the Director of Planning is directed to provide
for the necessary environmental review of such a sale, in a
timely fashion.
co
Alderperson
Hoffman
explained the
wording of the resolution.
M
Discussion
followed.
m
Alderperson
Cummings
suggested that
in the third Whereas Clause,
Q
the words
"in place
of attempting
the same project (for which
funding has
already been secured) on
a less feasible site on West
Hill" be deleted.
There was no objection from Council members, therefore, the
language as above was stricken from the resolution.
Alderperson Cummings suggested an amendment in the first
Resolved Clause as follows:
(600, That the words "or part of" and the words "(not including the
future Northside Park) to the Mutual Housing Association" be
stricken from the paragraph.
There was no second to Alderperson Cumming's suggested amendment,
therefore, the amendment failed.
Alderperson Booth suggested that in the third Resolved Clause,
in the 4th line, the words "or lease" be inserted after the word
"sale ".
There were no objections from Council members.
Alderperson Booth suggested that the last Whereas Clause read as
follows:
"the Mutual Housing Association of Tompkins County proposal for
physical development of the "Pogo Parcel" is generally consistent
with the "Pogo Parcel Development Guidelines ", ...etc."
No Council members objected.
Alderperson Booth recommended that in the second Resolved Clause,
the word "final" be stricken in the second line and after the
word "agreement ", the following words be added: "(including but
not limited to all financial details pertaining to a potential
sale or lease) ".
There was no objection from Council members.
Further discussion followed on the floor.
31
February 6, 1991
INTERGOVERNMENTAL RELATIONS COMMITTEE:
Strand Theatre
By Alderperson Booth: Seconded by Alderperson Daley
WHEREAS, a grant was issued by the Appalachian Regional
Commission in the amount of $290,488.00 with the City as
recipient of the grant for the renovation of premises known as
the Strand Theatre, and
WHEREAS, the owners of the premises have failed to fulfill the
requirements of this grant and have failed to maintain the
premises, and
WHEREAS, real estate taxes have not been paid on these premises,
Tax Parcel Number 69 -1 -8, since approximately 1980, and
WHEREAS, the City of Ithaca has purchased the tax liens of the
City and school taxes for many of these years, and
WHEREAS, the depreciated amount of the ARC grant is now
approximately $142,640.00, and
WHEREAS, the combined amounts of the unpaid City taxes and school
taxes which liens have been purchased by the City total
approximately $80,500.00, and
WHEREAS, it would serve no City purpose for the City to have any
ownership interest in the premises known as the Strand Theatre,
and
WHEREAS, the City has commissioned an appraisal of this property
which appraisal has determined that the fair market value of the
property is approximately $392,000.00; now, therefore, be it
RESOLVED, That the City Attorney and the Director of the Planning
Department are hereby directed to take all necessary steps to
sell whatever interest the City has in the premises known as the
Strand Theatre, Tax Parcel Number 69 -1 -8, to the highest bidder
by receiving sealed bids subject to the condition that the
minimum acceptable bid shall be $225,000.00, with bids to be
accepted no later than May 12, 1991.
City Attorney Guttman answered questions from Council members and
discussion followed on the floor.
City Attorney Guttman stated that the City does not own the
Strand Theatre. He said that this resolution is for the City to
sell whatever legal interests it has in the real estate,
therefore, the City is arguably selling an interest in real
estate, not necessarily the ownership interest.
Motion to Refer to City Attorney
By Alderperson Daley: Seconded by Alderperson Cummings
RESOLVED, That the matter of the sale of the Strand Theatre be
referred back to the City Attorney for review and report back to
Common Council at the March meeting.
Carried Unanimously
Fela-
) COUNCIL LIA
- Conservatio.
Advisory Council
By Alderperson Peterson: Seconded by Alderperson Daley
WHEREAS, the City of Ithaca in cooperation with the Cornell
Student Chapter of the American Society of Civil Engineers
recently completed the construction of a foot /bikeway bridge
across Cascadilla Creek west of Route 13 that connects Willow
Avenue to land adjacent to the City Sewer Treatment Plant, and
34
-J
28
February 6, 1991
Discussion followed on the floor regarding Alderperson Peterson's
wording.
Alderpersons Daley and Peterson withdrew their amendments.
Motion to Extend Meeting
By Alderperson Romanowski: Seconded by Alderperson Blanchard
RESOLVED, That this Common Council meeting be extended until
12:00 midnight.
(61� Carried Unanimously
The Main Motion as amended will read as follows:
WHEREAS, Common Council has purchased the so- called "Pogo
Parcel," a vacant City block in Ithaca's Northside neighborhood,
and
WHEREAS, Common Council has accepted the recommendation of the
Northside Land Use Committee to devote approximately two - thirds
of the block to housing, with a preference for the encouragement
CD of affordable housing, and
M
WHEREAS, the Mutual Housing Association of Tompkins County, a
m non- profit agency dedicated to the provision and maintenance of
Q permanently affordable housing, proposes to construct at least
28 units of affordable housing on the Pogo Parcel.
WHEREAS, the Mutual Housing Association of Tompkins County
proposal for physical development of the "Pogo Parcel" is
generally consistent with the "Pogo Parcel Development
Guidelines" adopted by the Planning and Development Board and the
Common Council; now, therefore, be it
RESOLVED, That Common Council approves in concept the sale or
(wwol lease of all or part of the "Pogo Parcel" (not including the
future Northside Park) to the Mutual Housing Association of
Tompkins County, for the ultimate construction of at least 28
units of permanently affordable housing, at full value of said
land, said value to reflect the restrictions imposed on the
parcel by the "Development Guidelines," as well as any other
restrictions that may be imposed by Common Council prior to the
sale, and be it further
RESOLVED, That this approval is contingent upon the negotiation
and execution of an agreement (including but not limited to all
financial details pertaining to a potential sale or lease)
acceptable to the Common Council, and the completion and
consideration of required environmental review, and be it further
RESOLVED, That the Intergovernmental Relations Committee, working
with the City Attorney and the Director of Planning, is
authorized and directed to negotiate specific terms of such sale
or lease, and to bring said proposed terms to Common Council as
soon as possible for a final vote, and be it further
RESOLVED, That the Director of Planning is directed to provide
for the necessary environmental review of such a sale, in a
timely fashion.
Main Motion as Amended
A vote on the Main Motion as Amended resulted as follows:
Ayes (7) - Booth, Hoffman, Cummings, Peterson, Daley,
Golder, Schroeder
Nays (2) - Romanowski, Blanchard
Carried
33