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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 1 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. 2 D 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. 3 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 4 251 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 5 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. n 24 5;1 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. 7 "6 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. 9: J 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: E 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. 10 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. 11 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. 11 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