HomeMy WebLinkAboutMN-CC-1991-03-06N l7 t�
March 6, 1991
CITY OF ITHACA
COMMON COUNCIL PROCEEDINGS
Regular Meeting 7:00 P.M. March 6, 1991
PRESENT:
Mayor Nichols
Alderpersons (10) - Blanchard, Romanowski, Cummings, Daley,
Johnson, Booth, Golder, Schroeder, Hoffman,
Peterson.
OTHERS PRESENT:
City Clerk - Paolangeli
City Attorney - Guttman
City Controller - Cafferillo
Deputy City Controller - Thayer
Acting Superintendent of Public Works - Gray
City Chamberlain - Parsons
Police Chief - McEwen
co Fire Chief - Olmstead
Youth Bureau Director - Cohen
Planning and Development Director - VanCort
M Board of Public Works Commissioners - Reeves, Berg
Q Tompkins County Board of Representatives - Lerner
PLEDGE OF ALLEGIANCE:
Mayor Nichols led all present in the Pledge of Allegiance to the
American flag.
MINUTES•
Approval of Minutes of the February 6, 1991 Common Council
Meeting
By Alderperson Johnson: Seconded by Alderperson Golder
RESOLVED, That the Minutes of the February 6, 1991 Common Council
meeting be approved with minor changes as noted by Alderpersons
Schroeder and Hoffman.
Carried Unanimously
ADDITIONS TO AND DELETIONS FROM THE AGENDA:
Budget and Administration Committee
Alderperson Booth requested the addition of an Executive Session
to discuss three personnel items; the appointment of an Acting
Building Commissioner, a salary issue and one other personnel
issue.
Alderperson Booth also requested the addition of a Bond
Resolution dealing with interest and transaction costs as we move
to permanent financing and a resolution dealing with
signalization.
No Council member objected.
Planning and Development Committee
Alderperson Hoffman requested the deletion of Item 15.4, Central
Processing Facility Report.
No Council member objected.
MAYOR'S APPOINTMENTS:
Ithaca Landmarks Preservation Commission
Mayor Nichols requested the approval of Council for the
appointment of Frank Smithson, 427 North Cayuga Street, to the
Ithaca Landmarks Preservation Commission for a one year term to
expire December 31, 1991, to replace Suzanne Lichtenstein who has
resigned.
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March 6, 1991
Resolution
By Alderperson Cummings: Seconded by Alderperson Daley
RESOLVED, That this Council approves the appointment of Frank
Smithson to the Ithaca Landmarks Preservation Commission for a
term to expire December 31, 1991.
Carried Unanimously
Cable Commission
Mayor Nichols requested the approval of Council for the
appointment of Mary Euell, 602 South Albany Street, to the Cable
Commission for a five year term, to expire December 31, 1995.
Resolution
By Alderperson Daley: Seconded by Alderperson Cummings
RESOLVED, 'That this Council approves the appointment of Mary
Euell to the Cable Commission for a term to expire December 31,
1995.
Carried Unanimously
Rental Housing Commission
Mayor Nichols requested the approval of Council for the
appointment of George Frantz, 604 Cliff Street, to the Rental
Housing Commission for a two year term to expire on December 31,
1992, to replace Valerie Grinston who has resigned.
Resolution
By Alderperson Blanchard: Seconded by Alderperson Romanowski
RESOLVED, That this Council approves the appointment of George
Frantz to the Rental Housing Commission for a term to expire
December 31, 1992.
Ayes (8) - Blanchard, Romanowski, Cummings, Daley, Golder,
Johnson, Hoffman, Schroeder
Nays (2) - Booth, Peterson
Carried
Mayor's Appointments Not Requirinq Council Approval
Citizen's Advisory Committee
Mayor Nichols stated that he has appointed Ted Bronsnick, 612
North Cayuga Street, Patricia Connor, 117 Auburn Street, and
Steven Hertzberg, 428 Elm Street, to the Citizen's Advisory
Committee for two year terms to expire December 31, 1992.
Youth Bureau Board
Mayor Nichols reported that he has appointed Shirley Reeves, 116
South Plain Street, to the Youth Bureau Board of a one year term
to expire December 31, 1991 to replace Allanah Fitzgerald who has
resigned.
Tompkins County Youth Bureau Board
Mayor Nichols stated that he has appointed Carol Terrizzi, 714
North Cayuga Street and George Hagood, 501 West Green Street, to
the Tompkins County Youth Bureau Board.
Search Committee for Buildinq Commissioner Position
Mayor Nichols stated that a committee needs to be established to
fill the vacancy for a Building Commissioner. He explained that
it requires three members of Council and three members from the
appropriate advisory boards that oversee the Department. Since
there is no such board but there are five Boards that are
related (BZA, Housing Board of Review, etc.) he is proposing to
take three members from those areas and the seventh member will
be someone with expertise in the field.
After discussion, approval was given by Council for Alderpersons
Johnson, Peterson and Daley to serve on the Search Committee for
Building Commissioner.
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March 6, 1991
Discussion followed on the floor regarding what other Departments
should be involved with the Search Committee. Mayor Nichols
stated that Brian Wilbur from the Fire Department and Asst. City
Attorney Kennedy shall be ex- officio members to the committee.
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
Strand Theatre
The following persons spoke to Council urging that the City wait
for the outcome of the EQBA grant application to Albany before
selling the City's interest in the Strand Theatre:
Doug Reid - 105 Sheldon Road
Lucy Bergstrom - 104 North Aurora Street
Tim Snow - 44 East Miller Road
Paul Sayvetz - 201 Elm Street
Alan Cohen, 110 North Aurora Street, reaffirmed the Downtown
Business Community's position on the Strand Theatre. They would
like to see something done with the property at this point. He
stated that they support a Performing Arts Center downtown and
M they look forward to that Center being on the west corridor of
D State Street.
m RESPONSE TO THE PUBLIC:
Q Strand Theatre
Alderperson Cummings asked when the State would be responding to
the EQBA Applications.
Mayor Nichols stated that when he checked with Assemblyman
Luster's office he was told the grants would be announced in
early Spring.
REPORT OF BOARD OF REPRESENTATIVES:
Mr. Eric Lerner, First Ward Representative, addressed Council on
the following matters:
Budget Cuts - The County is still dealing with the layers of
budget cuts that are coming out of Albany and trying to assess
the impact of those cuts on County government for 1991. As a
result of the cuts that have already been made in Albany on the
outgoing fiscal year the County is losing something in the
neighborhood of $850,000. in revenue with the expectation that
when a budget for the new fiscal year gets approved, there are
going to be even larger cuts that we are going to have to deal
with. Mr. Lerner stated that in the Governor's proposed budget
they are proposing as much as 55% cuts in one of the major
Division for Youth funding programs and smaller but still
substantial cuts in some of the other Division for Youth
programs. At last night's Board of Reps meeting a resolution was
passed urging State government not to make those particular cuts
and in fact not to make other cuts that would affect local
government.
Solid Waste - An agreement has been worked out between the City
and the County on the Central Processing Facility and the baling
station.
County Solid Waste Committee - The committee is beginning to plan
for a Household Hazardous Waste Disposal Day that is tentatively
scheduled for late September or early October.
Mayor Nichols stated that there were very cooperative meetings
with the County on mitigating the effects of the Central
Processing Facility. _The negotiations went very well and he
thinks the City and County accomplished a lot. The City did not
change our opinion that this was the wrong place to have a
Central Processing Facility but recognizing that there was not
much we could do about that, we tried to do the best we could to
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March 6, 1991
make it the best it can be and protect the commercial properties
and the residents in the neighborhood.
REPORT OF CITY BOARDS, COMMITTEES AND COMMISSIONS:
Board of Public Works
Commissioner Reeves reported on the following matters to Council:
Increase in fees for Newman Golf Course - The Board, on February
13, passed a resolution increasing the fee schedule for the 1991
season at the Golf Course.
Acting Assistant Superintendent Position - The Board passed a
resolution at the February 13 meeting unanimously recommending
that Rick Ferrel be appointed as the Acting Assistant
Superintendent.
Parks Commission - This issue was discussed today at the Board of
Public Works Committee of the Whole meeting and the Board has
endorsed the current version which is on tonight's agenda (Item
15.1) under the Planning and Development Committee.
Signalization Timing Study - Comm. Reeves passed out copies of
the Signalization resolution from the Board of Public Works
Committee of the Whole meeting. This item will be discussed at
tonight's meeting.
Juror Parking in Seneca Parking Garage - This matter was
discussed at today's Committee of the Whole meeting. There is no
State law to reimburse jurors for parking. After figuring out
the revenues that the City loses because of juror parking, the
Board decided to ask the Court system to issue passes for parking
in the Seneca Street ramp. These would be issued on a day -to -day
basis so permits could not be used for days or weeks at a time.
COMMUNICATIONS FROM MAYOR:
Resignation of Building Commissioner Datz
Mayor Nichols stated that in regard to all the publicity
concerning Eric Datz' brother, in his opinion Mr. Datz should not
be held responsible for the sins of his brother. He stated that
the City has the Court records. They are public documents and
can be examined by anyone. Nowhere is it alleged, in Court or
anywhere else, that Eric Datz did anything in carrying out his
duties for the City that was even unethical, much less illegal.
Mayor Nichols said that he has observed Eric's work as Building
Commissioner for the past 14 months and he thinks he has worked
hard and done a good job. Things have been moving along recently
in terms of improving both the efficiency of that department and
its service to the public. He stated Mr. Datz performed very
well for the City. What happened in connection with his brother
is very unfortunate but it has nothing whatsoever to do, as far
as the Mayor knows, with his work for the City.
Mayor Nichols stated that he is personally sorry to have seen
this happen and he thinks we have lost a fine Building
Commissioner.
REPORT OF THE CITY CLERK:
Appointment of Election Custodians for 1991
By Alderperson Daley: Seconded by Alderperson Hoffman
RESOLVED, That Michael Moseley and Claude Colleyacme be appointed
as Election Custodians for the City of Ithaca, New York for the
year 1991.
4
Carried Unanimously
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293
March 6, 1991
REPORT OF CITY ATTORNEY:
Human Rights Complaint
City Attorney Guttman reported that in June 1987 James Fox filed
a complaint with the State Division of Human Rights charging the
City with unlawful discriminatory practice for terminating his
employment because of age. Last month the Human Rights Division
dismissed the complaint against the City.
Clyde Collins Complaint
(4wel City Attorney Guttman reported that a complaint had been filed in
Federal Court in September 1987 by Clyde Collins against certain
City Police Officers for allegations of false arrest, false
imprisonment and malicious prosecution. This case was recently
dismissed.
People vs. Michael Weinstein
City Attorney Guttman reported that Michael Weinstein pleaded
guilty in Court on March 4th for failure to follow an order of
the Building Commissioner to obtain a certificate of compliance
(o for 117 -119 East Spencer Street and has paid the fine.
Abrahams vs. City
City Attorney Guttman reported that in January 1990 the City was
m sued by Attorney Holmberg as Conservator for Lunetta Abrahams.
Q The allegation was that in 1984 the City conveyed title to
property that previously had been owned by Ms. Abrahams to Mr.
Hower by a Tax Deed. It was alleged against the City that at the
time of the Tax Sale and the conveyance that Ms. Abrahams lacked
the mental capacity to understand the nature of the proceedings
and the City knew or should have known of those facts. The
allegation was that Ms. Abrahams had been deprived of her
private property without due process of law. A settlement has
been reached and the claim against the City has been dismissed.
k*a�Central Processing Facility
City Attorney Guttman stated that he has forwarded to Council
members a copy of the Order of the Appellate Division.
Negotiations with the County have been quite extensive in an
attempt to mitigate any adverse effects. On February 7 the City
submitted to the County a document giving proposed modifications
in which we listed eight points which the City felt would
significantly mitigate the impact of the facility. On February
19th the County passed a resolution directing James Mason to send
a letter to the City wherein the County endorsed and agreed to
the provisions of a document entitled "Response of Tompkins
County to the City's Proposals ". This information was presented
to Robert O'Connor, Administrative Law Judge for the Department
of Environmental Conservation. The Legislative Public Statement
Hearing was held on February 27th. At that time the Mayor and
Attorney Guttman presented statements to Mr. O'Connor outlining
these facts. Mr. Mason also made a statement, reading those
facts into the record. Mr. O'Connor, as Administrative Law
Judge, stated that no one other than the City asked for party
status and therefore he did not anticipate having an adjudicatory
hearing. It was his intention to include the agreement of the
County and the City in the DEC permit for the Central Processing
Facility. The issues conference on the CPF was held on February
28th. Judge O'Connor reiterated that no issues had been raised
as a result of the Legislative Hearing and therefore there would
be no need for any adjudicatory hearing. Since there would be no
adjudicatory hearing it is not necessary to extend formal party
status to any party.
The Judge went on to say that the application was complete
pending presentation of a clean permit with all the hand written
changes that had been made. The only significant issue that was
addressed was the issue of site plan. Judge O' Connor ruled that
the application was considered complete even without the final
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March 6, 1991
site plan but that no permit would be issued until a final site
plan was received and approved. The City has now received a time
schedule from the County for the re- design of the site plan and
the finalization and approval of the site plan is to take place
during July of this year. Obviously, the City, pursuant to the
agreement between the City and the County, will be working with
the County on any modifications to the final site plan.
Discussion followed on the floor with City Attorney Guttman
answering questions from Council members.
INTERGOVERNMENTAL RELATIONS COMMITTEE:
* 18.1 Environmental Review for Sale of City Interest for
Premises Known as "Strand Theatre"
By Alderperson Johnson: Seconded by Alderperson Romanowski
WHEREAS, the matter of the City selling whatever interest the
City has in the premises known as the "Strand Theater" is
currently being considered by this Common Council; and
WHEREAS, appropriate environmental review has been conducted
including the preparation of a short environmental assessment
form (SEAF) and a long environmental assessment form (LEAF); and
WHEREAS, it appears that the sale of the City's interest in this
property will not have a significant effect on the environment;
now, therefore, be it
RESOLVED, That this Common Council, as lead agency in this
matter, hereby adopts as its own the findings and conclusions as
set forth in the short environmental assessment form dated
February 6, 1991 and the long environmental assessment form dated
February 6, 1991; and be it further
RESOLVED, That this Common Council, as lead agency, does
determine that the proposed action will not have a significant
effect on the environment and that further environmental review
is unnecessary under the circumstances; and be it further
RESOLVED, That this resolution will constitute notice of this
negative declaration and the City Clerk be and she is hereby
directed to file a copy of the same, together with the
attachments in the City Clerk's office and forward the same to
any other parties as required by law.
Extensive discussion followed on the floor regarding the
environmental review prepared for the sale of this property.
City Attorney Guttman answered questions from Council members.
Amending Resolution
Alderperson Daley offered the following amendment:
RESOLVED, That page 10 of the LEAF, under "Determination" be
amended so that Item "B" is checked instead of Item "A ".
Discussion followed on the floor after which Alderperson Daley
withdrew his amendment.
Amending Resolution
By Alderperson Booth: Seconded by Alderperson Blanchard
RESOLVED, That there be new third and fourth Whereas Clauses to
read as follows:
"WHEREAS, the Strand Theatre has recognized historic qualities
and is a locally designated historic landmark, and
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March 6, 1991
WHEREAS, the City of Ithaca and private individuals and
organizations have undertaken substantial efforts over a period
of years to identify a party willing and able to restore. the
Strand Theatre and to utilize it in a manner consistent with its
historic qualities and to date has been unsuccessful in those
efforts, and
(moo, RESOLVED, That at the end of the fifth Whereas Clause the
following wording be added:
because there is not at this time any specific proposal
regarding what will be done with the Strand Theatre following the
City's sale of any interest it has in that property and because
any use of that property following said sale will have to comply
with all applicable laws, including those pertaining to
environmental review and landmark designation; now, therefore, be
it", etc..."
Alderperson Hoffman requested that the amendments be voted on
Co separately. No Council member objected.
M
Discussion followed on the Amendment.
M
Q A vote on the addition of the third and fourth Whereas Clauses
resulted as follows:
Ayes (6) - Booth, Blanchard, Romanowski, Daley, Cummings,
Johnson
Nays (4) - Peterson, Hoffman, Schroeder, Golder
Carried
A vote on the additional wording at the end of the fifth Whereas
Clause resulted as follows:
Ayes (6) - Booth, Blanchard, Romanowski, Daley, Cummings
Johnson
Nays (4) - Peterson, Hoffman, Schroeder, Golder
Carried
Amending Resolution
By Alderperson Hoffman: Seconded by Alderperson Johnson
RESOLVED, That question #9 on the SEAF be changed from "no" to
eyes".
Discussion followed on the floor.
Ayes (5) - Golder, Johnson, Schroeder, Peterson, Hoffman
Nays (5) - Romanowski, Daley, Cummings, Booth, Blanchard
Mayor Nichols voted Nay, breaking the tie.
Motion Fails
7
Amending Resolution
By Alderperson
Hoffman: Seconded by
Alderperson Johnson
RESOLVED, That
on page 10 of the
LEAF, Determination "B" be
checked instead
of Determination "A".
Ayes (5) -
Golder, Johnson, Hoffman,
Daley, Schroeder
Nays (5) -
Peterson, Cummings,
Blanchard, Romanowski, Booth
Mayor Nichols voted
Aye, breaking the tie.
Carried
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March 6, 1991
Amending Resolution
By Alderperson Schroeder: Seconded by Alderperson Hoffman
RESOLVED, That the Environmental Review for Sale of City
Interest for Premises Known as Strand Theatre be sent back to
the Planning and Development Office for the proper development of
Part III of the LEAF.
Ayes (5) - Golder, Johnson, Hoffman, Peterson, Schroeder
Nays (5) - Cummings, Daley, Blanchard, Romanowski, Booth
Mayor Nichols voted Nay, breaking the tie.
Motion Fails
The Main Motion as Amended shall read as follows:
WHEREAS, the matter of the City selling whatever interest the
City has in the premises known as the "Strand Theater" is
currently being considered by this Common Council; and
WHEREAS, appropriate environmental review has been conducted
including the preparation of a short environmental assessment
form (SEAF) and a long environmental assessment form (LEAF); and
WHEREAS, the Strand Theatre has recognized historic qualities
and is a locally designated historic landmark, and
WHEREAS, the City of Ithaca and private individuals and
organizations have undertaken substantial efforts over a period
of years to identify a party willing and able to restore the
Strand Theatre and utilize it in a manner consistent with its
historic qualities and to date has been unsuccessful in those
efforts, and
WHEREAS, it appears that the sale of the City's interest in this
property will not have a significant effect on the environment
because there is not at this time any specific proposal
regarding what will be done with the Strand Theatre following the
City's sale of any interest it has in that property and because
any use of this property following said sale will have to comply
with all applicable laws, including those pertaining to
environmental review and landmark designation; now, therefore, be
it
RESOLVED, That this Common Council, as lead agency in this
matter, hereby adopts as its own the findings and conclusions as
set forth in the short environmental assessment form dated
February 6, 1991 and the long environmental assessment form dated
February 6, 1991 (as amended on March 6); and be it further
RESOLVED, That this Common Council, as lead agency, does
determine that the proposed action will not have a significant
effect on the environment and that further environmental review
is unnecessary under the circumstances; and be it further
RESOLVED, That this resolution will constitute notice of this
negative declaration and the City Clerk be and she is hereby
directed to file a copy of the same, together with the
attachments in the City Clerk's office and forward the same to
any other parties as required by law.
A vote on the Main Motion as Amended resulted as follows:
Ayes ( 6 ) -
Nays ( 4 ) -
Johnson, Romanowski, Daley, Cummings, Booth,
Blanchard
Peterson, Hoffman, Schroeder, Golder
Carried
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March 6, 1991
* 18.2 Sale of the Strand Theatre
By Alderperson Booth: Seconded by Alderperson Blanchard
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 Theater; 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
RESOLVED, That the City Attorney and the Director of the
(4woll Planning Department are hereby directed to take all necessary
steps to sell whatever interest the City has in the premises
known as the Strand Theater, 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, that the
City reserves the right to reject any and all bids, and that bids
are to be received at City Hall by 12:00 o'clock noon on June 3,
1991.
Amending Resolution
By Alderperson Hoffman: Seconded by Alderperson Johnson
RESOLVED, That two additional Resolved Clauses be added to read
as follows:
"RESOLVED, That nothing in this resolution should be construed as
a lack of commitment by the City government to the preservation
of historic buildings in the City and be it further
RESOLVED, That nothing in this resolution should be construed as
a lack of support for the application by Historic Ithaca for a
State grant to rehabilitate the Strand Theatre."
Discussion followed on the floor and it was agreed that the two
(Woo" new Resolved Clauses will be voted on separately.
A vote on the First Amending Resolved Clause resulted as follows:
Ayes (8) - Johnson, Hoffman, Peterson, Romanowski,
Blanchard, Daley, Golder, Schroeder
Nays (2) - Booth, Cummings
Carried
Discussion followed on the floor on the Second Resolved Clause
and Alderperson Hoffman explained the reason for the amendment.
7
WHEREAS, the depreciated amount
of the ARC grant is now
approximately $142,640.00; and
co
WHEREAS, the combined amounts of
the unpaid City taxes and
school taxes which liens have been
purchased by the City total
m
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 Theater;
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
(4woll Planning Department are hereby directed to take all necessary
steps to sell whatever interest the City has in the premises
known as the Strand Theater, 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, that the
City reserves the right to reject any and all bids, and that bids
are to be received at City Hall by 12:00 o'clock noon on June 3,
1991.
Amending Resolution
By Alderperson Hoffman: Seconded by Alderperson Johnson
RESOLVED, That two additional Resolved Clauses be added to read
as follows:
"RESOLVED, That nothing in this resolution should be construed as
a lack of commitment by the City government to the preservation
of historic buildings in the City and be it further
RESOLVED, That nothing in this resolution should be construed as
a lack of support for the application by Historic Ithaca for a
State grant to rehabilitate the Strand Theatre."
Discussion followed on the floor and it was agreed that the two
(Woo" new Resolved Clauses will be voted on separately.
A vote on the First Amending Resolved Clause resulted as follows:
Ayes (8) - Johnson, Hoffman, Peterson, Romanowski,
Blanchard, Daley, Golder, Schroeder
Nays (2) - Booth, Cummings
Carried
Discussion followed on the floor on the Second Resolved Clause
and Alderperson Hoffman explained the reason for the amendment.
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March 6, 1991
Alderperson Schroeder suggested the following wording for the
Second Amending Resolution and it was accepted by Alderperson
Hoffman:
"Nothing in this resolution shall be construed as a negative
comment by the City government on the application of Historic
Ithaca for a State grant to rehabilitate the Strand Theatre ".
Discussion followed on the floor.
Mayor Nichols, for the record, stated that whether or not the
Council adopts the resolution, the City is not making a negative
comment.
A vote on Alderperson Hoffman's Second amending resolution with
the wording change as presented by Alderperson Schroeder resulted
as follows:
Ayes (3) - Hoffman, Golder, Schroeder
Nays (7) - Booth, Johnson, Romanowski, Blanchard, Peterson,
Daley, Cummings
Motion Fails
Amending Resolution
Alderperson Daley suggested the following amending resolution:
"RESOLVED, That the Council directs the City Attorney to approach
the Appalachian Regional Commission to explore the feasibility of
re- applying the grant monies recaptured toward a new arts
performance space in downtown Ithaca."
After discussion, Alderperson Daley withdrew his amending
resolution. City Attorney Guttman stated that his office has
been talking with the Appalachian Regional Commission on the
matter. ",W)
The Main Motion as Amended shall read as follows:
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 Theater; 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 ""a)
WHEREAS, it would serve no City purpose for the City to have any
ownership interest in the premises known as the Strand Theater;
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
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29!J
March 6, 1991
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 Theater, 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, that the
City reserves the right to reject any and all bids, and that bids
are to be received at City Hall by 12:00 o'clock noon on June 3,
1991, and be it further
RESOLVED, That nothing in this resolution should be construed as
a lack of commitment by the City government to the preservation
of historic buildings in the City.
A vote on the Main Motion as Amended resulted as follows:
Ayes (8) - Romanowski, Blanchard, Johnson, Daley, Cummings,
Golder, Booth, Schroeder
Nays (2) - Peterson, Hoffman
Carried
M
D PLANNING AND DEVELOPMENT COMMITTEE:
M * 15.2 Arts Center Committee
Q By Alderperson Hoffman: Seconded by Alderperson Daley
WHEREAS, the Downtown Vision Task Force has recommended that the
Sea Escape Restaurant and the Ithaca Theatre receive prime
consideration as an arts performance center, and
WHEREAS, this recommendation should receive careful and timely
consideration, and
WHEREAS, both of the affected properties are currently available
for sale, and
WHEREAS, the sale of either or both of these properties might
complicate the proposal of the Downtown Vision Task Force; now,
therefore, be it
RESOLVED, That the Mayor facilitate the formation of a community
committee to study the feasibility of the Task Force
recommendation including the financial impacts and financial
solutions and make its conclusions available to the community.
Discussion followed on the floor.
Alderperson Cummings left the meeting at 8:55 p.m.
A vote on the resolution resulted as follows:
Ayes (6) - Booth, Romanowski, Johnson, Blanchard, Daley,
Schroeder
Nays (3) - Golder, Hoffman, Peterson
Carried
Recess
Common Council recessed at 9:00 p.m. and reconvened in regular
session at 9:15 p.m.
* 15 1 An Ordinance Adding a New Chapter 37 Entitled "Parks
Commission" to the City of Ithaca Municipal Code
By Alderperson Hoffman: Seconded by Alderperson Daley
RESOLVED, That the Common Council of the City of Ithaca does
hereby adopt Chapter 37 entitled "Parks Commission ".
ORDINANCE NO. 90
BE IT ORDAINED AND ENACTED by the Common Council of the City of
Ithaca, New York, that a new Chapter 37, entitled "Parks
Commission" be added to the City of Ithaca Municipal Code to read
as follows:
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CHAPTER 37
"PARKS COMMISSION"
Section 37.1 Purpose.
March 6, 1991
It is recognized that the preservation of urban open space
is vital to the health, well - being, and development of all area
residents. It is desirable to establish a board in the City of
Ithaca government that is responsible on an on -going basis for
examining the stewardship of the City's parks system and for
determining whether leisure time user needs are being met by the
City's parks and open spaces and whether the City's parks and
open spaces and the facilities thereon are being appropriately
managed. While the Board of Public Works is ultimately
responsible under the City Charter for managing parks and other
open spaces in the City, a City Parks Commission would be able to
provide valuable advice to the Board of Public Works and Common
Council regarding park and open space issues.
Section 37.2 Establishment of a Parks Commission.
A Parks Commission (hereafter referred to as the Commission)
is hereby established to advise the Board of Public Works, and,
as appropriate, Common Council and other City Boards and
Commissions, on issues relating to City -owned parks and open
spaces.
Section 37.3 Membership.
1. The Commission shall consist of nine members, all of
whom are appointed by the Mayor, subject to the approval of
Common Council, and two - thirds of whom must be City residents.
a) one member shall be chosen from each of the following
organizations: Circle Greenway, Six Mile Creek overseer
Committee, Shade Tree Advisory Committee, and the Recreation
Committee of the Youth Bureau. b) Seven members shall
represent, through specific training or an equivalent background
and active interest, landscape architecture, historic
preservation or local history, horticulture, general ecology, and
recreation. c) Two members shall be at -large members
representing the general community. Ex- officio members (non-
voting) of the Commission shall include a member of Common
Council, a member of the Planning Board, a member of the Board of
Public Works, the City Forester, the Recreation Coordinator of
the Youth Bureau, and the Parks and Forestry Supervisor of the
Department of Public Works. Each ex- officio member representing
a particular group shall be chosen by his or her constituent
group.
2. Commission members shall serve a three year term.
However, in order to stagger the terms, the initial terms of one
third of the members shall be one year; a second third shall
serve two years; and a final third shall serve three years. At
the expiration of the such initial terms, all terms shall be for
a period of three years.
3. Vacancies on the
manner as the original
occurring other than by
shall be filled only for
4. The chairperson
shall be elected by and
majority vote.
Commission shall be filled in the same
appointment, except that a vacancy
the expiration of the term of office
the remainder of the unexpired term.
and vice chairperson of the Commission
from the members of the Commission by
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March 6, 1991
5. A quorum for the transaction of business shall consist
of five of the Commission members, but it shall require an
affirmative vote of a majority of the body to decide on new
policy issues.
6. The Commission shall meet at least monthly. Meetings may
be held at any time on the written request of any two Commission
members or at the call of the chairperson or Mayor.
Section 37.4 Powers and Duties
The Commission shall:
1. Review and make recommendations to the Board of Public
Works, and as appropriate Common Council, and other City agencies
on issues affecting the parks and open spaces, and cemeteries;
2, Prepare and maintain a detailed inventory with
co descriptions of all areas described in paragraph 1;
()7) 3. Review significant new projects or proposed significant
changes involving the use, design, construction, and management
co of the lands on which it makes recommendations and take an active
,Q role in making sure needed changes are implemented.
4. Review and make recommendations regarding the use of
parks and open spaces and facilities thereon and their proper
maintenance;
5. Provide a forum for public comment regarding parks and
recreation issues and promote public awareness of the value of
open spaces within the community;
6. Make recommendations for the acquisition or designation
of new park land by City government where appropriate and aid in
the search for state, federal, or private funding sources for
such acquisitions;
7. Formulate rules, regulations, and procedures necessary
to conduct its own business, including the authority to set up
subcommittees.
Section 37.5 Relationship to Other City Boards and Committees
1. All significant issues involving parks or open spaces,
that come before any branch of City government, shall be referred
to the Commission for review and recommendation before they are
approved;
2. The Commission shall refer issues that affect the
design, planting, management, protection, and removal of City -
owned vegetation to the Shade Tree Advisory Committee (STAG).
STAC shall present projects in areas of the Commission
jurisdiction to the Commission for review.
Section 37.6 Budget and Compensation.
1. The Commission shall present requests for funding
necessary to carry out its goals to the Board of Public Works as
a part of the annual BPW budget review.
2. The members of the Commission, including ex- officio
members, shall receive no compensation for their services but
may be. reimbursed for reasonable and necessary expenses incurred
as allowed for in the budget.
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March 6, 1991
Section 37.7 Reporting Requirements.
The Commission shall provide an annual summary of its
activities to Common Council and the Board of Public Works not
later than the first day of April of each year. The Commission
shall also provide any special reports and recommendations as may
be necessary.
Section 37.8 Definitions.
1. Cemeteries: All City -owned burial grounds.
2. Vegetation: All trees, shrubs, vines and turf,
including all herbaceous and woody plant material.
3. Parks and Open Spaces: All City -owned or managed land
that constitutes parks, playgrounds, outdoor passive and active
recreation areas (whether paved or unpaved) , plazas adjoining
buildings, natural areas adjacent to waterways and bike paths.
The term "parks and open spaces" does not include the Ithaca
Commons.
Effective Date.
This Ordinance shall take effect immediately.
Alderperson Blanchard stated
resolution was reviewed at the
of the Whole meeting today and
it.
Discussion followed on the floor.
that the "Parks Commission"
Board of Public Works Committee
the Board generally agreed with
A vote on the resolution resulted as follows:
Carried (9 -0)
Alderperson Cummings out of room at time of vote.
Mayor Nichols stated that this would be the appropriate time for
members of Council to come forward to volunteer or to suggest
names for inclusion on the Parks Commission. He would like to
get the commission set up as soon as possible.
CHARTER AND ORDINANCE COMMITTEE:
Postering Ordinance - Report
Alderperson Peterson stated that proposals from club operators
who spoke to the Charter and Ordinance Committee included a map
of areas acceptable for postering, (mostly in business districts)
and also a leaflet with a guideline for putting up the posters,
removing posters, suggestions of one poster per band, per pole
and an explanation of our City law. The committee is expecting a
revised proposal that has better language that will be forwarded
on to City Attorney Guttman for review. The committee voted 3 -1
to accept this "self- policing" way of postering and it will be
looked at again in August to see if it is working.
* 14.2 Amendment to Chapter 23, Taxicab Zones and Rates Map
By Alderperson Peterson: Seconded by Alderperson Blanchard
RESOLVED, That the map, and schedule entitled "Taxicab Zones and
Rates - City of Ithaca" which map and schedule are appended to
Chapter 23 of the Ithaca City Municipal Code and referred to in
Section 23.42 entitled "Rates of Said Chapter" is hereby amended
to provide that the maximum rate that may be charged for
transportation of passengers shall be increased by $.50 (fifty
cents) over the rates established on August 1, 1986 in accordance
with the schedule. (Schedule attached to Minute Book)
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March 6, 1991
Alderperson Peterson explained the resolution and requested that
the following Resolved Clause be added to the resolution:
Amending Resolution
By Alderperson Peterson: Seconded by Alderperson Blanchard
RESOLVED, That the schedule include the effective date of these
rates. (Effective date March 7, 1991)
Carried (9 -0)
(aw,01 Alderperson Cummings out of room at time of vote.
Alderperson Daley suggested the following:
Amending Resolution
RESOLVED, That the Common Council instruct the Board of Public
Works to remove all taxi stations and be replaced with metered
parking.
co
Alderperson Daley's motion failed for lack of a second.
M A. vote on the Resolution as Amended by Alderperson Peterson
resulted as follows:
Carried (9 -0)
Q Alderperson Cummings out of room at time of vote.
* 14.3 An Ordinance Amending Chapter 60 Entitled "Traffic and
Vehicles ", Section 60.60 Entitled 'Civil Penalties for Delinquent
Violations' of the City of Ithaca Municipal Code
By Alderperson Peterson: Seconded by Alderperson Schroeder
ORDINANCE NO. 91-
AN ORDINANCE AMENDING CHAPTER 60 ENTITLED "TRAFFIC AND
VEHICLES" OF THE CITY OF ITHACA MUNICIPAL CODE
BE IT ORDAINED AND ENACTED by the Common Council of the City
of Ithaca, New York, as follows:
Section 1. That Chapter 60 entitled "Traffic and Vehicles"
of the City of Ithaca Municipal Code is amended as follows:
That Section 60.60 entitled "Civil Penalty for Delinquent
Violations of Article" is hereby amended to read as follows:
"Section 60.60 Civil Penalty for Delinquent Violations of
Article
That in addition to the penalties provided in Section 60.59
additional civil penalties shall be payable upon any violation
for parking for a longer period of time than is permitted in
accordance with the following schedule:
A. Penalty to be added after fifteen days $ 5.00
B. Penalty to be added after forty -five
days - an additional $15.00
C. Upon submission of uncollectible fines
to a collection agency or other entity for
enforcement, an amount not to exceed 35 percent
of the total delinquent fine and penalties will
be added to cover collection fees.
Section 2. This ordinance shall take effect immediately in
accordance with law upon publication of a notice as provided in
Section 3.11(B) of the Ithaca City Charter. (Publication Date
March 13, 1991) Carried (9 -0)
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March 6, 1991
Alderperson Cummings out of room at time of vote.
* 14.4a An Ordinance Amending Chapter 68 Entitled "Noise ",
Section 68.31 Entitled 'Penalties' of the City of Ithaca
Municipal Code
By Alderperson Peterson: Seconded by Alderperson Johnson
ORDINANCE NO. 91-
AN ORDINANCE AMENDING CHAPTER 68 ENTITLED "NOISE" OF THE CITY OF
ITHACA MUNICIPAL CODE
BE IT ORDAINED AND ENACTED BY THE COMMON COUNCIL OF THE CITY
OF ITHACA AS FOLLOWS:
Section 1. Section 31 entitled Penalties of Chapter 68
entitled "Noise" of the City of Ithaca Municipal Code is hereby
amended as follows:
"S 68.31 Penalty
Any person who shall violate any provision of this Chapter
shall be punishable by a fine not to exceed Two Hundred Fifty
Dollars ($250.00) or imprisonment of not more than fifteen (15)
days, or both such fine and imprisonment; provided, however, a
person who shall violate any provision of this chapter after
having been convicted of a violation of any provision of this
chapter within the preceding three years shall be punishable by a
fine not to exceed Five Hundred Dollars ($500.00) or by
imprisonment of not more than fifteen (15) days, or both such
fine and imprisonment, and further provided that any person who
shall violate any provision of this chapter after having been
convicted two or more times of a violation of any provision of
this chapter within the preceding three years shall be punishable
by a fine not to exceed Seven Hundred Fifty Dollars ($750.00) or
imprisonment of not more than fifteen (15) days, or both such
fine and imprisonment."
Section 2. This ordinance shall take effect immediately in
accordance with law upon publication of a notice as provided in
Section 3.11(B) of the Ithaca City Charter. (Publication date
March 13, 1991)
Alderperson Peterson explained the.resolution.
Alderperson Hoffman suggested the following:
Amending Resolution
RESOLVED, That the amount of the second and third penalties be
changed to $350.00 and $500.00.
Alderperson Hoffman's Amending Resolution failed for lack of a
second.
A vote on the Resolution resulted as follows:
Carried (9 -0)
Alderperson Cummings out of room at time of vote. 14j,
*14.4b An Ordinance Amending Chapter 65 Entitled "Public
Safety ". Section 65.33 Entitled 'Public Urination Prohibited' of
the City of Ithaca Municipal Code
By Alderperson Peterson: Seconded by Alderperson Schroeder
ORDINANCE NO. 91-
AN ORDINANCE AMENDING CHAPTER 65 ENTITLED "PUBLIC SAFETY" OF THE
CITY OF ITHACA MUNICIPAL CODE.
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March 6, 1991
BE IT ORDAINED AND ENACTED BY THE COMMON COUNCIL OF THE CITY
OF ITHACA AS FOLLOWS:
Section 1. Section 33 entitled "Penalties" of Chapter 65
entitled "Public Safety" of the City of Ithaca Municipal Code is
hereby amended to read:
No person shall urinate or defecate in a public place except
in a restroom facility. For the purpose of this section, public
(4000" place shall mean any place to which the public or substantial
group of persons has access and includes, but is not limited to,
highways, pedestrian malls, streets, sidewalks, parking areas,
municipal parking ramps, other transportation facilities, pools,
places of amusement, parks, playgrounds and hallways, lobbies and
other portions of apartment houses and hotels not constituting
rooms or apartments designed for actual residence.
The violation of this section shall be a violation and
(� punishable by a fine not greater than $250 and /or not more than
15 days in jail, provided that a person who violates this section
M after having been convicted of a violation of this section within
D the preceding three years shall be punishable by a fine not
m greater than Three Hundred Fifty Dollars ($350.00) and /or not
Q more than fifteen (15) days in jail, and further provided that a
person who violates this section after having been convicted two
or more times of a violation of this section within the preceding
three years shall -be punishable by a fine not greater than Five
Hundred Dollars ($500.00) and /or not more than fifteen (15) days
in jail.
Section 2. This ordinance shall take effect immediately in
accordance with law upon publication of a notice as provided in
Section 3.11(B) of the Ithaca City Charter. (Publication date
March 13, 1991)
Discussion followed on the floor.
A vote on the Resolution resulted as follows:
Carried (9 -0)
Alderperson Cummings out of room at time of vote.
* 14.4c An Ordinance Amending Chapter 65 Entitled_ "Public
Safety ", Section 65.34 Entitled 'Consumption of Alcoholic
Beverages in Public Places' of the City of Ithaca Municipal Code_
By Alderperson Peterson: Seconded by Alderperson Schroeder
ORDINANCE NO. 91-
AN ORDINANCE AMENDING CHAPTER 65 ENTITLED "PUBLIC SAFETY" OF THE
CITY OF ITHACA MUNICIPAL CODE
BE IT ORDAINED AND ENACTED BY THE COMMON COUNCIL OF THE CITY
OF ITHACA AS FOLLOWS:
Section 1. Section 34 entitled "Consumption of Alcoholic
Beverages in Public Places" of the City of Ithaca Municipal Code,
subdivision G entitled "Punishment" to read as follows:
The violation of any of the provisions of this section shall
be punishable by a fine not greater than One Hundred Dollars
($100) and /or not more than fifteen (15) days in jail, provided,
however, that a person who violates this section after having
been convicted of a violation of this section within the
preceding three years shall be punishable by a fine not greater
than One Hundred Fifty Dollars ($150.00) and /or not more than
fifteen (15) days in jail, and further provided that a person who
violates this section after having been convicted two or more
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March 6, 1991
times of a violation of this section within the preceding three
years shall be punishable by a fine not greater than Two Hundred
Dollars ($200.00) and not more than fifteen (15) days in jail.
Section 2. This ordinance shall take effect immediately in
accordance with law upon publication of a notice as provided in
Section 3.11(B) of the Ithaca City Charter. (Publication date
March 13, 1991)
Carried (9 -0)
Alderperson Cummings out of room at time of vote.
Environmental
By Alderperson Peterson: Seconded by Alderperson Johnson
ORDINANCE NO. 91-
AN ORDINANCE AMENDING CHAPTER 36 ENTITLED "CITY ENVIRONMENTAL
QUALITY'REVIEW ORDINANCE (CEQR), SECTION 36.13 (b) (5), ENTITLED
"TYPE II ACTIONS" OF THE CITY OF ITHACA MUNICIPAL CODE.
BE IT ORDAINED AND ENACTED by the Common Council of the City
of Ithaca, New York as follows:
Section 1. That Section 36.13 entitled "Type II Actions" is
hereby amended to read as follows:
"Section 36.13(b) (5) Type II Actions
Replacement of a facility in kind, on the same site unless
such facility meets or exceeds any of the thresholds in Section
36.12 of this ordinance.
Section 2. This ordinance shall take effect immediately in
accordance with law upon publication of a notice 'as provided in
Section 3.11(B) of the Ithaca City Charter. (Publication date
March 13, 1991)
Carried (9 -0)
Alderperson Cummings out of room at time of vote.
PLANNING AND DEVELOPMENT COMMITTEE:
Central Business District Rezoning - Recommendations of Downtown
Visions Task Force - Report
Alderperson Hoffman reported that the Planning and Development
Committee has begun to look at the recommendations for zoning
changes in the Central Business District, including West State
Street. The Planning and Development Committee has directed the
Planning staff to prepare a concept memo for the changes
recommended by the Downtown Visions Task Force that would
specifically affect building height and requirement for parking
along West State Street and possibly along West Green and Seneca
Streets. A copy of the memo will be sent to Council members when
it is ready.
1991 - 1992 Community Development Application - Report
Alderperson Hoffman reported the process for applying for
Community Development funds is proceeding. There is still time
for proposals to be submitted.
BUDGET AND ADMINISTRATION
* 16.1 City of Ithaca
Budget Cuts
By Alderperson Booth: Sei
WHEREAS, Governor Cuomo
capita State aid to local
COMMITTEE•
Opposition to Proposed New York State
bonded by Alderperson Johnson
has recommended drastic cuts in per
governments, and
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March 6, 1991
WHEREAS, these cuts amount to nothing more than a shift of the
State deficit to local property taxes, and
WHEREAS, Local Governments must provide essential public services
and cannot abandon the health and safety of their residents, and
WHEREAS, the magnitude of these proposed State aid reductions
will cause significant reductions in local services plus
(Woo,_ potential tax increases, and
WHEREAS, the adoption of the Governor's budget as proposed would
mean a thirty -nine percent reduction in State Revenue Sharing
from the 1989 -90 distribution, and
RESOLVED, That the Common Council of the City of Ithaca calls
upon Senator James L. Seward and Assemblyman Martin Luster to
stand up for our taxpayers by rejecting the Governor's proposal,
and to return State Revenue Sharing to its 1990 -91 level, and be
it further
RESOLVED, That the Common Council urges the leaders of the State
Senate and the State Assembly to reject the Governor's proposal
for cuts in local aid and return State Revenue Sharing to its
1990 -91 level.
Mayor Nichols stated that he thinks it is going to be absolutely
necessary, if people want to see these cuts restored, to accept
the need for other revenues. The State is not going to be able
to restore these cuts without some other source. It is incumbent
upon people to state what needs to be done. In his view the
only thing that can be done is to restore the cuts that were made
in the very upper levels of the State income tax that were made
over the last 4 or 5 years, which has cost the State about $7
billion. What has been proposed and stated in the present
newsletter of the Human Services Coalition is that if there were
a 5% increase in the incomes above $200,000. that would restore
$3 billion to the budget. Those were the groups that were cut
over the last years and have benefitted from those tax cuts.
Mayor Nichols stated that he does not think that communities and
property tax - payers should have to make up those cuts, which is
what is going to happen if they are not restored.
Alderperson Cummings returned to the meeting at 9:45 p.m.
Discussion followed on the floor on the proposed budget cuts.
A vote on the resolution resulted as follows:
Ayes (7) - Booth, Daley, Johnson, Peterson, Hoffman, Golder,
Schroeder
Nays (3) - Romanowski, Blanchard, Cummings
Carried
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WHEREAS,
the City of Ithaca would lose in excess of $936,000
from said thirty -nine percent cut,
and
WHEREAS,
the City would also lose
approximately $161,000 from a
the City's supposed
W
proposed
State cut of thirty -five
percent of
again be taken by the State in
(T)
pension
savings, which would once
cut in Revenue Sharing, and
the form
of an additional
WHEREAS,
the City of Ithaca would
also be in jeopardy of losing
Funds,
Q
portions
of the Consolidated Highway
Improvement Program
Youth Bureau
Aid, and various
other State assisted program
funding;
now, therefore, be it
RESOLVED, That the Common Council of the City of Ithaca calls
upon Senator James L. Seward and Assemblyman Martin Luster to
stand up for our taxpayers by rejecting the Governor's proposal,
and to return State Revenue Sharing to its 1990 -91 level, and be
it further
RESOLVED, That the Common Council urges the leaders of the State
Senate and the State Assembly to reject the Governor's proposal
for cuts in local aid and return State Revenue Sharing to its
1990 -91 level.
Mayor Nichols stated that he thinks it is going to be absolutely
necessary, if people want to see these cuts restored, to accept
the need for other revenues. The State is not going to be able
to restore these cuts without some other source. It is incumbent
upon people to state what needs to be done. In his view the
only thing that can be done is to restore the cuts that were made
in the very upper levels of the State income tax that were made
over the last 4 or 5 years, which has cost the State about $7
billion. What has been proposed and stated in the present
newsletter of the Human Services Coalition is that if there were
a 5% increase in the incomes above $200,000. that would restore
$3 billion to the budget. Those were the groups that were cut
over the last years and have benefitted from those tax cuts.
Mayor Nichols stated that he does not think that communities and
property tax - payers should have to make up those cuts, which is
what is going to happen if they are not restored.
Alderperson Cummings returned to the meeting at 9:45 p.m.
Discussion followed on the floor on the proposed budget cuts.
A vote on the resolution resulted as follows:
Ayes (7) - Booth, Daley, Johnson, Peterson, Hoffman, Golder,
Schroeder
Nays (3) - Romanowski, Blanchard, Cummings
Carried
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March 6, 1991
* 16.2 Ithaca Youth Bureau Advisory Board Opposition to NYS
Division for Youth Budget Cuts
By Alderperson Booth: Seconded by Alderperson Johnson
WHEREAS, the Governor's 1991 -92 State budget includes a 55%
reduction in the amount of Youth Development and Delinquency
Prevention Program local assistance available to the City of
Ithaca for Division for Youth supported programs, a 55% cut in
aid for Youth Bureau administration, and an additional 27% cut in
Special Delinquency Prevention Program funding, and
WHEREAS, these cuts amount to a loss of. $83,173 to the City of
Ithaca in state aid revenue for youth services anticipated for
the 1991 program year, and
WHEREAS, over 11,000 youth from the City and County rely on the
Ithaca Youth Bureau services supported in part with these funds,
and
WHEREAS, loss of the programs supported by these dollars would do
great harm to the young people involved, and
WHEREAS, the NYS Executive Law Article 19A Section 420 which
provides per capita aid to localities for youth services has been
the foundation of the State's successful youth service system for
more than 45 years, and
WHEREAS, the Governor's proposal to allow Division for Youth
funded programs to charge fees will not generate enough
alternative revenues to offset the proposed cuts in services for
families least able to pay fees; now, therefore, be it
RESOLVED, That the City urges our Senate and Assembly
representatives and the leadership of the Legislature to oppose
the Governor's proposed cuts in state aid for youth services, and
be it further
RESOLVED, That the City urges continued support for Executive Law
Article 19A Section 420, and opposes any attempts to eliminate or
weaken the State's youth service system, and be it further
RESOLVED, That this resolution be transmitted to: Governor
Cuomo, the leaders of the Senate and Assembly, the leadership of
the legislative committees responsible for recommending state
aid for youth services, and to our local representatives.
Discussion followed on the floor.
A vote on the resolution resulted as follows:
Ayes (6) - Booth, Johnson, Golder, Hoffman, Peterson,
Schroeder
Nays (4) - Blanchard, Cummings, Romanowski, Daley
Carried
* 16.3 Reauest to Amend an Application for a Grant to_ Expand _NYS
Transition -To -Work Program
By Alderperson Booth: Seconded by Alderperson Peterson
WHEREAS, the State of New York has recently reduced the proposed
grant amount to the Ithaca Youth Bureau for the expansion of the
Transition -To -Work Program from $20,000.00 to $10,000.00, and
WHEREAS, the City of Ithaca adopted a resolution relating to the
$20,000.00 NYS Transition -To -Work Program Grant at its November
7, 1990 Common Council meeting, and
WHEREAS, the State of New York has agreed to approve upon re-
submission a $10,000.00 grant to the Ithaca Youth Bureau for the
expansion of the Transition -To -Work Program, and
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March 6, 1991
WHEREAS, the Ithaca Youth Bureau Board of Advisors has reviewed
the summary proposal for the grant; now, therefore, be it
RESOLVED, That the Common Council authorizes the Youth Bureau to
re- submit said application to the New York State Division for
Youth for approval of the expansion of the Transition -To -Work
Program by $10,000.
Carried Unanimously
(600v *
16.4 Request for Employee Incentive_ Award
By Alderperson Booth: Seconded by Alderperson Johnson
WHEREAS, the Youth Bureau Director has recommended Youth Worker
Charlotte Walsh for an Employee Incentive Award pursuant to the
terms of the CSEA Administrative Contract, and
WHEREAS, the Youth Bureau Director has provided the Budget and
Administration Committee with substantial justification for
granting this Employee Incentive Award, and
co WHEREAS, the Youth Bureau Director's recommendations complies
M with the procedures and guidelines outlines in the CSEA
Administrative Unit Contract; now, therefore, be it
RESOLVED, That Charlotte Walsh's salary be increased by eight
Q (8 %) percent to an annual salary of $14,098 effective January 15,
1991, and be it further
RESOLVED, That $957. be transferred from Account A1990,
Unrestricted Contingency to Account A7310 -120, Hourly P /T, for
the purpose of the incentive award.
Discussion followed on the floor.
Alderperson Golder, for the record, stated that his objection is
based on the unfairness of merit pay.
A vote on the resolution resulted as follows:
Ayes (9) - Booth, Johnson, Romanowski, Blanchard, Schroeder,
Peterson, Hoffman, Daley, Cummings
Nay (1) - Golder
Carried
_* 16.5 Appointment of Actinq Assistant Superintendent of Public
Works
By Alderperson Booth: Seconded by Alderperson Blanchard
WHEREAS, the former Acting Assistant Superintendent of Public
Works, Bernard J.-Carpenter, retired from the City on January 18,
1991 and Richard Ferrel has been fulfilling those duties since
that time, and
WHEREAS, Richard Ferrel has received a preliminary adjustment to
his salary to reflect additional duties at the time Assistant
Superintendent Larry Fabbroni departed in April of 1990; now,
therefore, be it
RESOLVED, That Richard Ferrel be appointed Acting Assistant
Superintendent of Public Works, retroactive to Mr. Carpenter's
retirement, and that his salary be increased by 5% while he is in
this position, and be it further
RESOLVED, That the source of funds shall be derived from Account
A5010 -105, Streets Administration.
Carried Unanimously
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March 6, 1991
* 16.6 Request to Replace Bucket Truck
By Alderperson Booth: Seconded by Alderperson Blanchard
WHEREAS, an aerial bucket truck which had been utilized by the
Department of Public Works for twenty years was damaged in
December of 1990, and
WHEREAS, it has been determined that $35,000 would be required to
repair said vehicle, and
WHEREAS, the cost of acquiring a new aerial unit to be mounted on
our existing, nine year old chassis would be approximately
$54,000, and
WHEREAS, the cost of repairing this machinery is not reasonable
when compared to purchasing new equipment; now, therefore, be it
RESOLVED, That an amount not to exceed $54,000 be allocated from
Capital Reserve #23 for Department of Public Works equipment for
this purpose.
Carried Unanimously
* 16.7 Request to Amend 1991 DPW Transit Budget
By Alderperson Booth: Seconded by Alderperson Romanowski
WHEREAS, the Board of Public Works wishes to enter into a
professional services contract with Bernard Carpenter for the
provision of services relating to both Ithaca Transit and the
Streets and Facilities Division, and
WHEREAS, the Board of Public Works has requested that the scope
of work be expanded from the originally approved not to exceed
contract of $10,000., to a revised not to exceed amount of
$20,000.; now, therefore, be it
RESOLVED, That $10,000. be transferred from Account A5630 -105 to
Account A5630 -435, to provide the original contract amount, and
be it further
RESOLVED, That the additional $10,000. be transferred from
Account A5010 -105 to Account A5010 -435 to fund the balance.
Ayes (9) - Johnson, Cummings, Peterson, Daley, Hoffman,
Schroeder, Blanchard, Romanowski, Golder
Nay (1) - Booth
Carried
* 16.8a Request to Match the Certified Local Government Subgrant
Application for 1991
By Alderperson Booth: Seconded by Alderperson Cummings
WHEREAS, the City of Ithaca has received Certified Local
Government status from the New York State Office of Parks,
Recreation and Historic Preservation, and
WHEREAS, ten percent (10 %) of funds allocated to New York State
for preservation activities are made available exclusively to
Certified Local Governments on a competitive basis, and
WHEREAS, photographic documentation and existing maps of
previously designated districts and landmarks in the City are
outdated and inadequate, and documentation of the Central
Business District'collected in 1979 no longer meets The Secretary
of the Interior's Standards and Guidelines for Archeoloqy and
Historic Preservation, and
WHEREAS, the updating and upgrading of existing .inventories so
that they accurately represent what is known about the component
historic and architectural resources are eligible activities for
Certified Local Government Subgrant funds, and
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March 6, 1991
WHEREAS, Ithaca Landmarks Preservation Commission has determined
that the project will increase the capability and effectiveness
of the Certified Local Government in addressing historic
preservation issues, and
WHEREAS, the project budget summary appears as follows:
Total Cost
City of Ithaca share
In -Kind
Cash Match
WHEREAS, the City's match
allocated to the Department
therefore, be it
$12,530
6,265
2,770
3,495, and
can be drawn from funds already
of Planning and Development; now,
RESOLVED, That the Common Council authorizes the Director of
Planning and Development to commit and encumber funds in the
amount of $3,495 from fees line #435 - Planning Contracts, to
match the Certified Local Government Subgrant Application FY 191
Ithaca Survey Update.
Ayes (9) - Blanchard, Romanowski, Daley, Johnson, Golder,
Peterson, Hoffman, Cummings, Schroeder
Nay (1) - Booth
Carried
* 16.8b Certified Local Government FY 191 Application_
By Alderperson Booth: Seconded by Alderperson Peterson
WHEREAS, the City of Ithaca has received Certified Local
Government status from the New York State Office of Parks,
Recreation and Historic Preservation, and
WHEREAS, ten percent (10 %) of funds allocated to New York State
for preservation activities are made available exclusively to
Certified Local Governments on a competitive basis, and
WHEREAS, the Office of Parks, Recreation and Historic
Preservation has reserved $15,000. of their FY 191 funding for
landmarks commission training programs, and
WHEREAS, the Ithaca Landmarks Preservation Commission has
identified training needs and selected a preferred training
method, and
WHEREAS, the training program identified by the Commission is an
eligible activity for funds, and
WHEREAS, the project budget summary appears as follows:
Total Cost 2,393
City of Ithaca share 1,197
In -Kind Services 775
Cash Match 442, and
WHEREAS, the City's match can be drawn from funds already
allocated to the Department of Planning and Development; now,
therefore, be it
RESOLVED, That the Common Council authorizes the Director of
Planning and Development to commit and encumber funds in the
amount of $442. from fees line #435 - Planning Contracts, to
match the Certified Local Government Subgrant Application FY 191,
Commission Training.
Ayes (9) - Romanowski, Blanchard, Daley, Golder, Peterson,
Hoffman, Johnson, Cummings, Schroeder
Nay (1) - Booth
Carried
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March 6, 1991
* 16.9 City Chamberlain Request to Adjust 1991 City Tax Roll
By Alderperson Booth: Seconded by Alderperson Peterson
WHEREAS, pursuant to Section 554 (Sub 4A) of the Real Property
Tax Law, the Director of Assessments has investigated an
application for the correction of an error in essential fact
filed by Ithaca Neighborhood Housing Services, and
WHEREAS, said investigation revealed that an exemption was
omitted from 705 Cliff Street, and
WHEREAS, the Director of Assessment recommends that the taxable
value of said property be changed from $48,400. to $0; now,
therefore, be it
RESOLVED, That the 1991 Tax Roll for the City of Ithaca be
amended to reduce the assessment of Tax Map number 38. -3 -6, and
be it further
RESOLVED, That the City Chamberlain is authorized and directed to
make the appropriate changes in the Tax Roll and to prepare a new
tax bill for said property.
Carried Unanimously
* 16.10 City Chamberlain Request to Adjust 1991 City Tax Roll
By Alderperson Booth: Seconded by Alderperson Romanowski
WHEREAS, pursuant to Section 554 (Sub. 4A) of the Real Property
Tax Law, the Director of Assessments has investigated an
application for the correction of an error in essential fact
filed by Bodil Somkin, and
WHEREAS, said investigation revealed that a Veterans Exemption of
$12,000 was omitted from 2 Cornell Walk, and
WHEREAS, the Director of Assessment recommends that the taxable
value of said property be changed from $178,000 to $166,000; now,
therefore, be it
RESOLVED, That the 1991 Tax Roll for the City of Ithaca be
amended to reduce the assessment of Tax Map Number 87. -1- 16.41,
and be it further
RESOLVED, That the City Chamberlain is authorized and directed to
make the appropriate changes in the Tax Roll and to prepare a new
tax bill for said property.
Carried Unanimously
* 16.11 City Chamberlain - Deny Request to Waive Penalties on
Taxes
By Alderperson Booth: Seconded by Alderperson Golder
RESOLVED, That the request for waiver of penalties assessed for
late payment of the first installment of City and full County Tax
submitted by Dr. Robin G. Bell, PhD, with respect to property at
714 North Aurora Street be denied.
Carried Unanimously
* 16.12 City Chamberlain Request Extension of County Tax Warrant
By Alderperson Booth: Seconded by Alderperson Romanowski
RESOLVED, That the City Chamberlain be authorized to request the
County of Tompkins to extend its warrant for collection of the
1991 County taxes until May 31, 1991.
Carried Unanimously
* 16.13 City Chamberlain Request to Reduce Assessment
By Alderperson Booth: Seconded by Alderperson Blanchard
WHEREAS, pursuant to Section 554 (Sub. 4A) of the Real Property
Tax Law, the Director of Assessment has investigated an
application for the correction of an error in essential fact
filed by Arthur and Ellen Rosten, and
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March 6, 1991
WHEREAS, said investigation revealed an error in transferring the
taxable value of 452 Floral Avenue to the Tax Roll, and
WHEREAS, the Director of Assessment recommends that the assessed
value be changed from $60,500 to $49,800; now, therefore, be it
RESOLVED, That the 1991 Tax Roll for the City of Ithaca be
amended to reduce the assessment of Tax Map Number 99 -1 -6 from
$60,500 to $49,800, and be it further
RESOLVED, That the City Chamberlain be authorized and directed to
make the appropriate changes to the Tax Roll, and to prepare a
new tax bill for said property. Carried Unanimously
* 16.14
Facilit
Ia
By Alderperson Booth:
WHEREAS, after further
Transit Facility with
Parker and Garment and
Administration, it has
estimate of $4,690,000.
e
Nw.
Seconded by Alderperson Blanchard
review of the estimated cost of the Joint
the selected architectural firm of Kayer,
representation of the Urban Mass Transit
been determined that the original project
should be revised to $6,443,434., and
WHEREAS, the related estimated cost of designing the project has
also been increased from $294,000. to $380,970., thereby
requiring an additional City share of approximately $20,000. for
design costs; now, therefore, be it
RESOLVED, That $20,000. be advanced from Capital Reserve #22 for
Bus Acquisition to Capital Project #229 to fund the City's share
of said design.
Discussion followed on the floor.
A vote on the resolution resulted as follows:
Ayes (7) - Booth, Johnson, Romanowski, Blanchard, Peterson,
Cummings, Schroeder
Nays (3) - Hoffman, Golder, Daley
Carried
* 16.15 Approval of 1991 -1992 Civil Service Agreement_
By Alderperson Booth: Seconded by Alderperson Romanowski
RESOLVED, That the Mayor and City Clerk be authorized and
directed to execute an agreement between the City of Ithaca and
Ithaca City School District for performance by the City for
services in connection with Civil Service matters, for the period
July 1, 1991 to June 30, 1992, in an amount of $24,345.00,
payable to the City of Ithaca on or before November 1, 1991.
Carried Unanimously
* 16.16 Audit
By Alderperson Booth: Seconded by Alderperson Schroeder
RESOLVED, That the bills presented, as listed on Audit Abstract
#4/1991 in the amount of $41,248.89 be approved for payment.
Carried Unanimously
* 16.17 Signal Timing Optimization Study
By Alderperson Booth: Seconded by Alderperson Daley
WHEREAS, the City wishes to test the recommendations which will
be forthcoming from the Signal Timing Optimization Study which it
has previously authorized, and
WHEREAS, a 50% matching funds program is available immediately to
make the initial purchases of equipment; now, therefore, be it
25
March 6, 1991
RESOLVED, That the City Engineer is authorized to expand the
scope for the agreements with the New York State Energy Office
and Rensselaer Polytechnic Institute to purchase and install the
first phase of equipment, and be it further
RESOLVED, That the Common Council hereby approves a budget of up
to $8,000. for equipment expenses, and up to $2,000. for
installation expenses, such monies to be made available from
unallocated 1990 CHIPS funds.
Acting Superintendent Gray addressed Council and answered
questions from Council members.
A vote on the resolution resulted as follows:
Carried Unanimously
* 16.18a Bond Resolution
By Alderperson Booth: Seconded by Alderperson Schroeder
BOND RESOLUTION DATED MARCH 6, 1991.
A RESOLUTION AUTHORIZING THE ISSUANCE OF $233,155 SERIAL BOND AND
THE APPROPRIATION AND EXPENDITURE OF $11,930 CURRENT FUNDS OF THE
CITY OF ITHACA, TOMPKINS COUNTY, NEW YORK, TO PAY ADDITIONAL
COSTS OF VARIOUS CAPITAL IMPROVEMENTS.
WHEREAS, by bond resolutions dated July 5, 1989, September 6,
1989, March 7, 1990, and February 6, 1991, as amended, the
Common Council of the City of Ithaca, Tompkins County, New York,
authorized various City improvements and the financing thereof,
and
WHEREAS, it has now been determined that such authorizations and
the amount of obligations to be issued and moneys to be expended
therefor for certain of such capital improvements should be
increased to include and to finance interest during the
construction of such improvements and costs of issuance of such
serial bonds, and
WHEREAS, it is now desired to so provide; now, therefore, be it
RESOLVED, by the Common Council of the City of Ithaca, Tompkins
County, New York, as follows:
Section 1. For the specific object or purpose of paying
additional costs of the capital improvements specified in Section
2 hereof, there are hereby authorized to be issued $233,155
serial bonds pursuant to the provisions of the Local Finance Law,
and there are hereby authorized to be expended $11,930 current
funds of said City, which current funds are hereby appropriated
therefor.
Section 2. The capital improvements in and for the City of
Ithaca, Tompkins County, New York, for which such additional
serial bonds, bond anticipation notes and current funds shall be
expended and the maximum estimated cost of each of such capital
improvements are as follows: 'J
a) The original improvement and embellishment of Cass Park,
at a maximum estimated cost of $103,320;
b) The reconstruction of various City buildings, for the
purpose of removing asbestos therein, at a maximum estimated cost
of $155,160;
26
3.1.5
March 6, 1991
c) The construction of a new road at Route 13 to be an
extension to Third Street, at a maximum estimated cost of
$481,795;
d) The purchase and installation of sanitary sewers to serve
the area along Third Street, at a maximum estimated cost of
$56,400;
e) The purchase and installation of water mains to serve the
area along the Third Street Extension, at a maximum estimated
cost of $56,400;
f) The reconstruction of the Thurston Avenue Bridge, at a
maximum estimated cost of $274,290;
n) The installation of new heating and cooling systems in
City Hall, at a maximum estimated cost of $155,270;
o) The reconstruction of various sidewalks, at a maximum
estimated cost of $93,170;
p) The reconstruction of various sewer lines, at a maximum
estimated cost of $124,200; and
q) The reconstruction of North Quarry Street, at a maximum
estimated cost of $222,750.
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 the bond anticipation notes, the expenditure
of current funds and moneys from the Appalachian Regional
Commission, Sewer Fund, Water Fund, Capital Reserve Fund No. 4,
Capital Reserve,Fund for Energy Improvement, Capital Reserve Fund
for Department of Public Works Equipment and moneys from the
(Ow" Consolidated Highway Improvement Program Funds and State
Department of Transportation previously authorized to be issued
or expended, as the case may be, pursuant to the bond resolutions
set forth in the preambles hereof and by the issuance of the
$233,155 serial bonds and by the expenditure of the $11,930
current funds of said City authorized to be issued pursuant to
this bond resolution, which additional serial bonds and current
funds shall be allocated as follows:
27
g)
The reconstruction of various streets located throughout,
and in
and for said City, at a maximum estimated cost of
$2,052,540;
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h)
The construction of new City fire stations, at a maximum
M
estimated cost of $2,264,770;
i)
The reconstruction of fire stations, at a maximum
Q
estimated cost of $1,033,540;
j)
The reconstruction of the Stewart Avenue Bridge, at a
maximum
estimated cost of $545,200;
k)
The reconstruction of the State Street Pedestrian Mall,
at a maximum estimated cost of $163,780;
1)
The reconstruction of the Youth Bureau Facility, at a
maximum
estimated cost of $82,800;
(two"
m)
The reconstruction of various fire stations, at a maximum
estimated cost of $86,950;
n) The installation of new heating and cooling systems in
City Hall, at a maximum estimated cost of $155,270;
o) The reconstruction of various sidewalks, at a maximum
estimated cost of $93,170;
p) The reconstruction of various sewer lines, at a maximum
estimated cost of $124,200; and
q) The reconstruction of North Quarry Street, at a maximum
estimated cost of $222,750.
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 the bond anticipation notes, the expenditure
of current funds and moneys from the Appalachian Regional
Commission, Sewer Fund, Water Fund, Capital Reserve Fund No. 4,
Capital Reserve,Fund for Energy Improvement, Capital Reserve Fund
for Department of Public Works Equipment and moneys from the
(Ow" Consolidated Highway Improvement Program Funds and State
Department of Transportation previously authorized to be issued
or expended, as the case may be, pursuant to the bond resolutions
set forth in the preambles hereof and by the issuance of the
$233,155 serial bonds and by the expenditure of the $11,930
current funds of said City authorized to be issued pursuant to
this bond resolution, which additional serial bonds and current
funds shall be allocated as follows:
27
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March 6, 1991
a. $3,150 serial bonds and $170 current funds shall be
allocated to pay additional costs of the original improvement and
embellishment of Cass Park described in subdivision a of Section
2 hereof;
b. $4,900 serial bonds and $260 current funds to pay
additional costs of the reconstruction of various City
buildings, for the purpose of removing asbestos therein
described in subdivision b of Section 2 hereof;
C. $11,205 serial bonds and $590 current funds to pay
additional costs of the construction of a new road at Route 13 to
be an extension to Third Street described in subdivision c of
Section 2 hereof;
d. $1,400 serial bonds to pay additional costs of the
purchase and installation of sanitary sewers to serve the area
along Third Street described in subdivision d hereof;
e. $1,400 serial bonds to pay additional costs of the
purchase and installation of water mains to serve the area along
the Third Street Extension described in subdivision e of Section
2 hereof;
f. $8,825 serial bonds and $465 current funds to pay
additional costs of the reconstruction of the Thurston Avenue
Bridge described in subdivision f of Section 2 hereof;
g. $49,910 serial bonds and $2,630 current funds to pay
additional costs of the reconstruction of various streets located
throughout and in and for said City described in subdivision g of
Section 2 hereof;
h. $75,780 serial bonds and $3,990 current funds to pay
additional costs of the construction of new City fire stations
described in subdivision h of Section 2 hereof;
i. $31,860 serial bonds and $1,680 current funds to pay
additional costs of the reconstruction of fire stations
described in subdivision i of Section 2 hereof;
j. $14,440 serial bonds and $760 current funds to pay
additional costs of the reconstruction of the Stewart Avenue
Bridge described in subdivision j of Section 2 hereof;
k. $5,250 serial bonds and $280 current funds to pay
additional costs of the reconstruction of the State Street
Pedestrian Mall described in subdivision k of Section 2 hereof;
1. $2,660 serial bonds and $140 current funds to pay
additional costs of the reconstruction of the Youth Bureau
Facility described in subdivision 1 of Section 2 hereof;
M. $2,800 serial bonds and $150 current funds to pay
additional costs of the reconstruction of various fire stations
described in subdivision m of Section 2 hereof;
n. $5,005 serial bonds and $265 current funds to pay
additional costs of the installation of new heating and cooling
systems in City Hall described in subdivision n of Section 2
hereof;
o. $31010 serial bonds and $160 current funds to pay
additional costs of the reconstruction of various sidewalks
described in subdivision o of Section 2 hereof;
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March 6, 1991
p. $4,200 serial bonds to pay additional costs of the
reconstruction of various sewer lines described in subdivision p
of Section 2 hereof; and
q. $7,360 serial bonds and .$390 current funds to pay
additional costs of the reconstruction of North Quarry Street
described in subdivision q of Section 2 hereof.
Section 4. The periods of probable usefulness of the
(MWO�' capital improvements described in Section 2 hereof shall be as
set forth in the bond resolutions described in the preambles
hereof, computed from the date of issuance of the first
obligation issued for each of such capital improvement.
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.
Section 6. The validity of such additional bonds and bond
D anticipation notes may be contested only if:
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d 1) Such obligations are authorized for an object or purpose
for which said City is not authorized to expend money, or
2) The provisions of law which should be complied with at
the date of publication of this resolution are not substantially
complied with,
and an action, suit or proceeding contesting such validity is
commenced within twenty days after the date of such publication,
(4mool or
3) Such obligations are authorized in violation of the
provisions of the Constitution.
Section 7. The bonds authorized pursuant to the bond
resolutions described in the preambles hereof, this bond
resolution and any other bond resolution previously adopted by
this Common Council, shall be in fully registered form and shall
be signed in the name of the City of Ithaca, Tompkins County, New
York, by the manual or facsimile signature of the City Controller
and a facsimile of its corporate seal shall be imprinted thereon
and attested by the manual or facsimile signature of the City
Clerk.
Section 8. The powers and duties of advertising such bonds
for sale, conducting the sale and awarding the bonds, are hereby
delegated to the City Controller, who shall advertise such bonds
for sale, conduct the sale, and award the bonds in such manner as
he or she shall deem best for the interests of the City;
provided, however, that in the exercise of these delegated
powers, he or she shall comply fully with the provisions of the
Local Finance Law and any order or rule of the State Comptroller
applicable to the sale of municipal bonds. The receipt of the
City Controller shall be a full acquittance to the purchaser of
such bonds, who shall not be obliged to see to the application of
the purchase money.
Section 9. All other matters, except as provided herein
relating to such bonds, including prescribing whether manual or
facsimile signatures shall appear on said bonds, prescribing the
method for the recording of ownership of said bonds, appointing
the fiscal agent or agents for said bonds, providing for -the
printing and delivery of said bonds (and if said bonds are to be
executed in the name of the City by facsimile signature of the
City Controller, providing for the manual countersignature of a
29
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March 6, 1991
fiscal agent or of a designated official of the City), the date,
denominations, maturities and interest payment dates, place or
places of payment, and also including the consolidation with
other issues, shall be determined by the City Controller. It is
hereby determined that it is to the financial advantage of the
City not to impose and collect from registered owners of such
serial bonds any charges for mailing, shipping and insuring bonds
transferred or exchanged by the fiscal agent, and, accordingly,
pursuant to paragraph c of Section 70.00 of the Local Finance
Law, no such charges shall be so collected by the fiscal agent.
Such bonds shall contain substantially the recital of validity
clause provided for in Section 52.00 of the Local Finance Law and
shall otherwise be in such form and contain such recitals in
addition to those required by Section 52.00 of the Local Finance
Law, as the City Controller shall determine.
Section 10. 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.
Alderperson Booth stated that this resolution is to allow the
City to capitalize the interest costs and the transaction costs
with regard to going out with many projects for permanent
financing. The reason that we are doing this at this time is
because there are favorable interest rates in the market, and it
is a favorable time to sell bonds.
City Controller Cafferillo explained that the interest payable on
bond anticipation notes due in 1991 is included in the budget.
When you permanently finance, as we are here, you have to pay
interest from the time the bonds themselves are issued to the end
of the year. He stated that we do not have in excess of $200,000
in available cash necessary to pay the required interest. We
therefore have to capitalize it. It becomes a part of the bond
issue and it's paid over an eighteen year period. The same thing
holds true for the related closing costs which will be between
$40,000 and $50,000. We would therefore capitalize the closing
costs as well.
City Controller Cafferillo explained that the bond market, up to
this point in time, has been as favorable as the bond market has
been in the past ten years. We have to wait until May 1 to close
on this bond issue, due to the fact that almost half of our Bond
Anticipation Notes become due August 1st. You are only allowed a
ninety day roll -over period so it was impossible to sell in March
when the market was even better. He stated that it is hard to
say whether the market will change as a result of the end of the
war but even at present the rates are better than they have been
for a long time.
City Controller Cafferillo stated that our last two permanent
financings, in 1986 and 1988, sold at 6.875 %. Today our rate
would probably be around 6.5 %. Over the period of the issue we
would save $324,000. He said we are also taking full advantage
of the tax regulations in the roll -over procedure to make as much
interest as we can, to offset our interest payable.
A roll call vote on the foregoing resolution resulted as follows:
Aye
- Romanowski
Aye
- Johnson
Aye
- Booth
Aye
- Peterson
Aye
- Hoffman
MW
Aye
- Golder
Aye
- Schroeder
Aye
- Blanchard
Aye
- Cummings
Aye
- Daley _
Carried unanimously
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March 6, 1991
* 16.18b Capital Improvement Authorizations
By Alderperson Booth: Seconded by Alderperson Blanchard
RESOLVED, That the following Capital Project authorizations shall
be increased to reflect capitalized interest and closing costs to
be financed through the issuance of serial bonds:
Total
Project Project Estimated Cash Serial
No. Name Maximum Cost Down Payment Bonds
#230 Cass Park $ 3,320 $ 170 $ 3,150
#231 Asbestos Removal 5,160 260 4,900
#233 Industrial Park
and be it further
RESOLVED, That the statutory down payments shall be funded as
follows:
CHIPS Moneys from A690 -2
General Fund from A1990
Unrestricted Contingency
Advance of City Funds to Fund the
Towns Share of Fire Station
Construction and Reconstruction
Down Payments
Total
$ 4,835
3,743
3,352
$11,930
Carried Unanimously
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HUMAN SERVICES COMMITTEE:
City Role in Human Services Funding - Report
Alderperson Johnson reported that over 20 people representing the
agencies who receive City funding came to the Human Services
Committee meeting in February and the committee heard some very
strong arguments about why'the City should continue to contribute
to the budgets of the human service agencies.
Discussion followed on the floor.
31
Improvements:
1 1,795
590
11,205
- Streets
1,400
0
1,400
- Sewer
- Water
1,400
0
1,400
#222
Thurston Avenue Bridge
9,290
465
8,825
#225
Hudson Street
Reconstruction
52,540
2,630
49,910
#215
Fire Station
Construction
79,770
3,990
75,780
#221
Fire Station
Reconstruction
33,540
1,680
31,860
#219
Stewart Ave. Bridge
15,200
760
14,440
#243
Reconstruct State St.
5,530
280
5,250
#203
Pedestrian Mall
Reconstruct Youth Bureau
2,800
140
2,660
#246
Fire Station
Reconstruction
2,950
150
2,800
#247
New HVAC Install
5,270
265
51005
City Hall
#249
Reconstruct Various
3,170
160
3,010
#603
Sidewalks
Reconstruct Sewer Lines
4,200
0
4,200
#216
North Quarry Street
7,750
390
7,360
Totals $245,085
$11,930
$233,155
and be it further
RESOLVED, That the statutory down payments shall be funded as
follows:
CHIPS Moneys from A690 -2
General Fund from A1990
Unrestricted Contingency
Advance of City Funds to Fund the
Towns Share of Fire Station
Construction and Reconstruction
Down Payments
Total
$ 4,835
3,743
3,352
$11,930
Carried Unanimously
V 1! J
HUMAN SERVICES COMMITTEE:
City Role in Human Services Funding - Report
Alderperson Johnson reported that over 20 people representing the
agencies who receive City funding came to the Human Services
Committee meeting in February and the committee heard some very
strong arguments about why'the City should continue to contribute
to the budgets of the human service agencies.
Discussion followed on the floor.
31
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March 6, 1991
Mayor Nichols, for the record, clarified that he is not
necessarily talking about a decrease in support for human service
agencies, but it is simply unreasonable in these days for
agencies to come just to the county and the city for public
support. He said that if you add the property tax base of the
Towns of Ithaca, Dryden and Lansing, they are twice those of the
City. The agencies must be made to go to the towns for funds as
well as to the city and the county.
Department Head Evaluations - Report
Alderperson Johnson stated that thanks to Alderperson Blanchard,
the committee has some good examples of how to establish
appropriate goals and objectives for department heads. This
matter will be brought to Council sometime this Spring.
Executive Session
By Alderperson Daley: Seconded by Alderperson Cummings:
RESOLVED, That Common Council adjourn into Executive Session to
discuss personnel items.
Carried Unanimously
Regular Session
Common Council reconvened in Regular Session at 11:15 p.m. and
presented the following resolutions:
Appointment of Acting Building Commissioner
By Alderperson Booth: Seconded by Alderperson Johnson
RESOLVED, That effective March 71 1991 Rick Eckstrom be and is
hereby appointed Acting Building Commissioner and that his salary
be increased 20 percent during the time he serves in this
position.
Carried Unanimously
Increase_ in Salary for Youth Bureau Director Cohen
By Alderperson Booth: Seconded by Alderperson Johnson
RESOLVED, That effective immediately Sam Cohen's salary be and is
hereby increased five percent in recognition of the increasing
complexity of his position.
Carried Unanimously
ADJOURNMENT:
On a motion the meeting adjourned at 11:20 p.m.
d .
Callista F. Paolang6l i
City Clerk
32
Benjamin Nichols
Mayor
J
March 6, 1991
Resolution
By Alderperson Cummings: Seconded by Alderperson Daley
RESOLVED, That this Council approves the appointment of Frank
Smithson to the Ithaca Landmarks Preservation Commission for a
term to expire December 31, 1991. Carried Unanimously
Cable Commission
Mayor Nichols requested the approval of Council for the
appointment of Mary Euell, 602 South Albany Street, to the Cable
Commission for a five year term, to expire December 31, 1995.
Resolution
By Alderperson Daley: Seconded by Alderperson Cummings
RESOLVED, 'That this Council approves the appointment of Mary
Euell to the Cable Commission for a term to expire December 31,
1995.
Carried Unanimously
Rental Housing Commission
Mayor Nichols requested the approval of Council for the
appointment of George Frantz, 604 Cliff Street, to the Rental
Housing Commission for a two year term to expire on December 31,
1992, to replace Valerie Grinston who has resigned.
Resolution
By Alderperson Blanchard: Seconded by Alderperson Romanowski
RESOLVED, That this Council approves the appointment of George
Frantz to the Rental Housing Commission for a term to expire
December 31, 1992.
Ayes (8) - Blanchard, Romanowski, Cummings, Daley, Golder,
Johnson, Hoffman, Schroeder
Nays (2) - Booth, Peterson
Carried
Mayor's Appointments Not Requiring Council Approval
Citizen's Advisory Committee
Mayor Nichols stated that he has appointed Ted Bronsnick, 612
North Cayuga Street, Patricia Connor, 117 Auburn Street, and
Steven Hertzberg, 428 Elm Street, to the Citizen's Advisory
Committee for two year terms to expire December 31, 1992.
Youth Bureau Board
Mayor Nichols reported that he has appointed Shirley Reeves, 116
South Plain Street, to the Youth Bureau Board of a one year term
to expire December 31, 1991 to replace Allanah Fitzgerald who has
resigned.
Tompkins County Youth Bureau Board
Mayor Nichols stated that he has appointed Carol Terrizzi, 714
North Cayuga Street and George Hagood, 501 West Green Street, to
the Tompkins County Youth Bureau Board.
Search Committee for Building Commissioner Position
Mayor Nichols stated that a committee needs to be established to
fill the vacancy for a Building Commissioner. He explained that
it requires three members of Council and three members from the
appropriate advisory boards that oversee the Department. Since
there is no such board but there are five Boards that are
related (BZA, Housing Board of Review, etc.) he is proposing to
take three members from those areas and the seventh member will
be someone with expertise in the field.
After discussion, approval was given by Council for Alderpersons
Johnson, Peterson and Daley to serve on the Search Committee for
Building Commissioner.
2
March 6, 1991
CITY OF ITHACA
COMMON COUNCIL PROCEEDINGS
Regular Meeting 7:00 P.M. March 6, 1991
PRESENT:
Mayor Nichols
Alderpersons (10) - Blanchard, Romanowski, Cummings, Daley,
Johnson, Booth, Golder, Schroeder, Hoffman,
Peterson.
OTHERS PRESENT:
City Clerk - Paolangeli
City Attorney - Guttman
City Controller - Cafferillo
Deputy City Controller - Thayer
Acting Superintendent of Public Works - Gray
City Chamberlain - Parsons
Police Chief - McEwen
Fire Chief - Olmstead
Youth Bureau Director - Cohen
Planning and Development Director - VanCort
m Board of Public Works Commissioners - Reeves, Berg
Tompkins County Board of Representatives - Lerner
PLEDGE OF ALLEGIANCE:
Mayor Nichols led all present in the Pledge of Allegiance to the
American flag.
MINUTES•
Approval of Minutes of the February 6, 1991 Common Council
Meeting
By Alderperson Johnson: Seconded by Alderperson Golder
RESOLVED, That the Minutes of the February 6, 1991 Common Council
meeting be approved with minor changes as noted by Alderpersons
Schroeder and Hoffman.
Carried Unanimously
ADDITIONS TO AND DELETIONS FROM THE AGENDA:
Budget and Administration Committee
Alderperson Booth requested the addition of an Executive Session
to discuss three personnel items; the appointment of an Acting
Building Commissioner, a salary issue and one other personnel
issue.
Alderperson Booth also requested the addition of a Bond
Resolution dealing with interest and transaction costs as we move
to permanent financing and a resolution dealing with
signalization.
No Council member objected.
Planning and Development Committee
Alderperson Hoffman requested the deletion of Item 15.4, Central
Processing Facility Report.
No Council member objected.
MAYOR'S APPOINTMENTS:
Ithaca Landmarks Preservation Commission
Mayor Nichols requested the approval of Council for the
appointment of Frank Smithson, 427 North Cayuga Street, to the
Ithaca Landmarks Preservation Commission for a one year term to
expire December 31, 1991, to replace Suzanne Lichtenstein who has
resigned.
1
March 6, 1991
make it the best it can be and protect the commercial properties
and the residents in the neighborhood.
REPORT OF CITY BOARDS COMMITTEES AND COMMISSIONS:
Board of Public Works
Commissioner Reeves reported on the following matters to Council:
Increase in fees for Newman Golf Course - The Board, on February
13, passed a resolution increasing the fee schedule for the 1991
season at the Golf Course.
Actinq Assistant Superintendent Position - The Board passed a
resolution at the February 13 meeting unanimously recommending
that Rick Ferrel be appointed as the Acting Assistant
Superintendent.
Parks Commission - This issue was discussed today at the Board of
Public Works Committee of the Whole meeting and the Board has
endorsed the current version which is on tonight's agenda (Item
15.1) under the Planning and Development Committee.
Signalization Timinq Study - Comm. Reeves passed out copies of
the Signalization resolution from the Board of Public Works
Committee of the Whole meeting. This item will be discussed at
tonight's meeting.
Juror Parking in Seneca Parking Garage - This matter was
discussed at today's Committee of the Whole meeting. There is no
State law to reimburse jurors for parking. After figuring out
the revenues that the City loses because of juror parking, the
Board decided to ask the Court system to issue passes for parking
in the Seneca Street ramp. These would be issued on a day -to -day
basis so permits could not be used for days or weeks at a time.
ICATIONS
Resignation of Building Commissioner uatz
Mayor Nichols stated that in regard to all the publicity
concerning Eric Datz' brother, in his opinion Mr. Datz should not
be held responsible for the sins of his brother. He stated that
the City has the Court records. They are public documents and
can be examined by anyone. Nowhere is it alleged, in Court or
anywhere else, that Eric Datz did anything in carrying out his
duties for the City that was even unethical, much less illegal.
Mayor Nichols said that he has observed Eric's work as Building
Commissioner for the past 14 months and he thinks he has worked
hard and done a good job. Things have been moving along recently
in terms of improving both the efficiency of that department and
its service to the public. He stated Mr. Datz performed very
well for the City. What happened in connection with his brother
is very unfortunate but it has nothing whatsoever to do, as far
as the Mayor knows, with his work for the City.
Mayor Nichols stated that he is personally sorry to have seen
this happen and he thinks we have lost a fine Building
Commissioner.
REPORT OF THE CITY CLERK:
Appointment of Election Custodians for 1991
By Alderperson Daley: Seconded by Alderperson Hoffman
RESOLVED, That Michael Moseley and Claude Colleyacme be appointed
as Election Custodians for the City of Ithaca, New York for the
year 1991.
Carried Unanimously
2
2 .91
March 6, 1991
Discussion followed on the floor regarding what other Departments
should be involved with the Search Committee. Mayor Nichols
stated that Brian Wilbur from the Fire Department and Asst. City
Attorney Kennedy shall be ex- officio members to the committee.
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
Strand Theatre
The following persons spoke to Council urging that the City wait
for the outcome of the EQBA grant application to Albany before
selling the City's interest in the Strand Theatre:
Doug Reid - 105 Sheldon Road
Lucy Bergstrom - 104 North Aurora Street
Tim Snow - 44 East Miller Road
Paul Sayvetz - 201 Elm Street
Alan Cohen, 110 North Aurora Street, reaffirmed the Downtown
Business Community's position on the Strand Theatre. They would
like to see something done with the property at this point. He
stated that they support a Performing Arts Center downtown and
M they look forward to that Center being on the west corridor of
State Street.
co
Q RESPONSE TO THE PUBLIC:
Strand Theatre
Alderperson Cummings asked when the State would be responding to
the EQBA Applications.
Mayor Nichols stated that when he checked with Assemblyman
Luster's office he was told the grants would be announced in
early Spring.
REPORT OF BOARD OF REPRESENTATIVES:
(400" Mr. Eric Lerner, First Ward Representative, addressed Council on
the following matters:
Budget Cuts - The County is still dealing with the layers of
budget cuts that are coming out of Albany and trying to assess
the impact of those cuts on County government for 1991. As a
result of the cuts that have already been made in Albany on the
outgoing fiscal year the County is losing something in the
neighborhood of $850,000. in revenue with the expectation that
when a budget for the new fiscal year gets approved, there are
going to be even larger cuts that we are going to have to deal
with. Mr. Lerner stated that in the Governor's proposed budget
they are proposing as much as 55% cuts in one of the major
Division for Youth funding programs and smaller but still
substantial cuts in some of the other Division for Youth
programs. At last night's Board of Reps meeting a resolution was
passed urging State government not to make those particular cuts
and in fact not to make other cuts that would affect local
government.
Solid Waste - An agreement has been worked out between the City
and the County on the Central Processing Facility and the baling
station.
County Solid Waste Committee - The committee is beginning to plan
for a Household Hazardous Waste Disposal Day that is tentatively
scheduled for late September or early October.
Mayor Nichols stated that there were very cooperative meetings
with the County on mitigating the effects of the Central
Processing Facility. The negotiations went very well and he
thinks the City and County accomplished a lot. The City did not
change our opinion that this was the wrong place to have a
Central Processing Facility but recognizing that there was not
much we could do about that, we tried to do the best we could to
3
c� 0
'I",
March 6, 1991
site plan but that no permit would be issued until a final site
plan was received and approved. The City has now received a time
schedule from the County for the re- design of the site plan and
the finalization and approval of the site plan is to take place
during July of this year. Obviously, the City, pursuant to the
agreement between the City and the County, will be working with
the County on any modifications to the final site plan.
Discussion followed on the floor with City Attorney Guttman
answering questions from Council members.
INTERGOVERNMENTAL RELATIONS COMM1'1"1•E
* 18 1 Environmental Review. for Sale of City Interest for
Premises Known as "Strand Theatre"
By Alderperson Johnson: Seconded by Alderperson Romanowski
WHEREAS, the matter of the City selling whatever interest the
City has in the premises known as the "Strand Theater" is
currently being considered by this Common Council; and
WHEREAS, appropriate environmental review has been conducted
including the preparation of a short environmental assessment
form (SEAF) and a long environmental assessment form (LEAF); and
WHEREAS, it appears that the sale of the City's interest in this
property will not have a significant effect on the environment;
now, therefore, be it
RESOLVED, That this Common Council, as lead agency in this
matter, hereby adopts as its own the findings and conclusions as
set forth in the short environmental assessment form dated
February 6, 1991 and the long environmental assessment form dated
February 6, 1991; and be it further
RESOLVED, That this Common Council, as lead agency, does
determine that the proposed action will not have a significant
effect on the environment and that further environmental review
is unnecessary under the circumstances; and be it further
RESOLVED, That this resolution will constitute notice of this
negative declaration and the City Clerk be and she is hereby
directed to file a copy of the same, together with the
attachments in the City Clerk's office and forward the same to
any other parties as required by law.
Extensive discussion followed on the floor regarding the
environmental review prepared for the sale of this property.
City Attorney Guttman answered questions from Council members.
Amending Resolution
Alderperson Daley offered the following amendment:
RESOLVED, That page 10 of the LEAF, under "Determination" be
amended so that Item "B" is checked instead of Item "A ".
Discussion followed on the floor after which Alderperson Daley
withdrew his amendment.
Amending Resolution
By Alderperson Booth: Seconded by Alderperson Blanchard
RESOLVED, That there be new third and fourth Whereas Clauses to
read as follows:
"WHEREAS, the Strand Theatre has recognized historic qualities
and is a locally designated historic landmark, and
i
P-Ur
I F-- A
29 3
March 6, 1991
REPORT OF CITY ATTORNEY:
Human Rights Complaint
City Attorney Guttman reported that in June 1987 James Fox filed
a complaint with the State Division of Human Rights charging the
City with unlawful discriminatory practice for terminating his
employment because of age. Last month the Human Rights Division
dismissed the complaint against the City.
Clyde Collins Complaint
City Attorney Guttman reported that a complaint had been filed in
Federal Court in September 1987 by Clyde Collins against certain
City Police Officers for allegations of false arrest, false
imprisonment and malicious prosecution. This case was recently
dismissed.
People vs. Michael Weinstein
City Attorney Guttman reported that Michael Weinstein pleaded
guilty in Court on March 4th for failure to follow an order of
the Building Commissioner to obtain a certificate of compliance
(o for 117 -119 East Spencer Street and has paid the fine.
M
—D Abrahams vs. City
ED City Attorney Guttman reported that in January 1990 the City was
sued by Attorney Holmberg as Conservator for Lunetta Abrahams.
The allegation was that in 1984 the City conveyed title to
property that previously had been owned by Ms. Abrahams to Mr.
Hower by a Tax Deed. It was alleged against the City that at the
time of the Tax Sale and the conveyance that Ms. Abrahams lacked
the mental capacity to understand the nature of the proceedings
and the City knew or should have known of those facts. The
allegation was that Ms. Abrahams had been deprived of her
private property without due process of law. A settlement has
been reached and the claim against the City has been dismissed.
Central Processing Facility
City Attorney Guttman stated that he has forwarded to Council
members a copy of the Order of the Appellate Division.
Negotiations with the County have been quite extensive in an
attempt to mitigate any adverse effects. On February 7 the City
submitted to the County a document giving proposed modifications
in which we listed eight points which the City felt would
significantly mitigate the impact of the facility. On February
19th the County passed a resolution directing James Mason to send
a letter to the City wherein the County endorsed and agreed to
the provisions of a document entitled "Response of Tompkins
County to the City's Proposals ". This information was presented
to Robert O'Connor, Administrative Law Judge for the Department
of Environmental Conservation. The Legislative Public Statement
Hearing was held on February 27th. At that time the Mayor and
Attorney Guttman presented statements to Mr. O'Connor outlining
these facts. Mr. Mason also made a statement, reading those
facts into the record. Mr. O'Connor, as Administrative Law
Judge, stated that no one other than the City asked for party
status and therefore he did not anticipate having an adjudicatory
hearing. It was his intention to include the agreement of the
County and the City in the DEC permit for the Central Processing
Facility. The issues conference on the CPF was held on February
28th. Judge O'Connor reiterated that no issues had been raised
as a result of the Legislative Hearing and therefore there would
be no need for any adjudicatory hearing. Since there would be no
adjudicatory hearing it is not necessary to extend formal party
status to any party.
The Judge went on to say that the application was complete
pending presentation of a clean permit with all the hand written
changes that had been made. The only significant issue that was
addressed was the issue of site plan. Judge O' Connor ruled that
the application was considered complete even without the final
5
March 6, 1991
Amending Resolution
By Alderperson Schroeder: Seconded by Alderperson Hoffman
RESOLVED, That the Environmental Review for Sale of City
Interest for Premises Known as Strand Theatre be sent back to
the Planning and Development office for the proper development of
Part III of the LEAF.
Ayes (5) - Golder, Johnson, Hoffman, Peterson, Schroeder
Nays (5) - Cummings, Daley, Blanchard, Romanowski, Booth
Mayor Nichols voted Nay, breaking the tie.
Motion Fails
The Main Motion as Amended shall read as follows:
WHEREAS, the matter of the City selling whatever interest the
City has in the premises known as the "Strand Theater" is
currently being considered by this Common Council; and
WHEREAS, appropriate environmental review has been conducted
including the preparation of a short environmental assessment
form (SEAF) and a long environmental assessment form (LEAF); and
WHEREAS, the Strand Theatre has recognized historic qualities
and is a locally designated historic landmark, and
WHEREAS, the City of Ithaca and private individuals and
organizations have undertaken substantial efforts over a period
of years to identify a party willing and able to restore the
Strand Theatre and utilize it in a manner consistent with its
historic qualities and to date has been unsuccessful in those
efforts, and
WHEREAS, it appears that the sale of the City's interest in this
property will not have a significant effect on the environment
because there is not at this time any specific proposal
regarding what will be done with the Strand Theatre following the
City's sale of any interest it has in that property and because
any use of this property following said sale will have to comply
with all applicable laws, including those pertaining to
environmental review and landmark designation; now, therefore, be
it
RESOLVED, That this Common Council, as lead agency in this
matter, hereby adopts as its own the findings and conclusions as
set forth in the short environmental assessment form dated
February 6, 1991 and the long environmental assessment form dated
February 6, 1991 (as amended on March 6); and be it further
RESOLVED, That this Common Council, as lead agency, does
determine that the proposed action will not have a significant
effect on the environment and that further environmental review
is unnecessary under the circumstances; and be it further
RESOLVED, That this resolution will constitute notice of this
negative declaration and the City Clerk be and she is hereby
directed to file a copy of the same, together with the
attachments in the City Clerk's office and forward the same to
any other parties as required by law.
A vote on the Main Motion as Amended resulted as follows:
Ayes (6) - Johnson, Romanowski, Daley, Cummings, Booth,
Blanchard
Nays (4) - Peterson, Hoffman, Schroeder, Golder
Carried
0
�9
March 61 1991
WHEREAS, the City of Ithaca and private individuals and
organizations have undertaken substantial efforts over a period
of years to identify a party willing and able to restore the
Strand Theatre and to utilize it in a manner consistent with its
historic qualities and to date has been unsuccessful in those
efforts, and
RESOLVED, That at the end of the fifth Whereas Clause the
following wording be added:
because there is not at this time any specific proposal
regarding what will be done with the Strand Theatre following the
City's sale of any interest it has in that property and because
any use of that property following said sale will have to comply
with all applicable laws, including those pertaining to
environmental review and landmark designation; now, therefore, be
etc..."
Alderperson Hoffman requested that the amendments be voted on
separately. No Council member objected.
Discussion followed on the Amendment.
C[ A vote on the addition of the third and fourth Whereas Clauses
resulted as follows:
Ayes (6) - Booth, Blanchard, Romanowski, Daley, Cummings,
Johnson
Nays (4) - Peterson, Hoffman, Schroeder, Golder
Carried
A vote on the additional wording at the end of the fifth Whereas
Clause resulted as follows:
Ayes (6) - Booth, Blanchard, Romanowski, Daley, Cummings
Johnson
Nays (4) - Peterson, Hoffman, Schroeder, Golder
Carried
Amending Resolution
By Alderperson Hoffman: Seconded by Alderperson Johnson
RESOLVED,, question #9 on the SEAF be changed from "no" to
S
Discussion followed on the floor.
Ayes (5) -
Golder, Johnson, Schroeder, Peterson, Hoffman
Nays (5) -
Romanowski, Daley, Cummings, Booth, Blanchard
Mayor Nichols voted Nay, breaking the tie.
Motion Fails
Amending Resolution
By Alderperson
Hoffman: Seconded by Alderperson Johnson
RESOLVED, That
on page 10 of the LEAF, Determination "B" be
checked instead
of Determination "A".
Ayes (5) -
Golder, Johnson, Hoffman, Daley, Schroeder
Nays (5) -
Peterson, Cummings, Blanchard, Romanowski, Booth
Mayor Nichols voted Aye, breaking the tie.
Carried
7
March 6, 1991
Alderperson Schroeder suggested the following wording for the
Second Amending Resolution and it was accepted by Alderperson
Hoffman:
"Nothing in this resolution shall be construed as a negative
comment by the City government on the application of Historic
Ithaca for a State grant to rehabilitate the Strand Theatre ".
Discussion followed on the floor.
Mayor Nichols, for the record, stated that whether or not the
Council adopts the resolution, the City is not making a negative
comment.
A vote on Alderperson Hoffman's Second amending resolution with
the wording change as presented by Alderperson Schroeder resulted
as follows:
Ayes (3) - Hoffman, Golder, Schroeder
Nays (7) - Booth, Johnson, Romanowski, Blanchard, Peterson,
Daley, Cummings
Motion Fails
Amending Resolution
Alderperson Daley suggested the following amending resolution:
"RESOLVED, That the Council directs the City Attorney to approach
the Appalachian Regional Commission to explore the feasibility of
re- applying the grant monies recaptured toward a new arts
performance space in downtown Ithaca."
After discussion, Alderperson Daley withdrew his amending
resolution. City Attorney Guttman stated that his office has
been talking with the Appalachian Regional Commission on the
matter.
The Main Motion as Amended shall read as follows:
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 Theater; 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 Theater;
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; how, therefore, be it
10
g6JJ , 9'J
March 6, 1991
* 18.2 Sale of the Strand Theatre
By Alderperson Booth: Seconded by Alderperson Blanchard
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 Theater; 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
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
(400" Planning Department are hereby directed to take all necessary
steps to sell whatever interest the City has in the premises
known as the Strand Theater, 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, that the
City reserves the right to reject any and all bids, and that bids
are to be received at City Hall by 12:00 o'clock noon on June 3,
1991.
Amending Resolution
By Alderperson Hoffman: Seconded by Alderperson Johnson
RESOLVED, That two additional Resolved Clauses be added to read
as follows:
"RESOLVED, That nothing in this resolution should be construed as
a lack of commitment by the City government to the preservation
of historic buildings in the City and be it further
RESOLVED, That nothing in this resolution should be construed as
a lack of support for the application by Historic Ithaca for a
State grant to rehabilitate the Strand Theatre."
Discussion followed on the floor and it was agreed that the two
new Resolved Clauses will be voted on separately.
A vote on the First Amending Resolved Clause resulted as follows:
Ayes (8) - Johnson, Hoffman, Peterson, Romanowski,
Blanchard, Daley, Golder, Schroeder
Nays (2) - Booth, Cummings
Carried
Discussion followed on the floor on the Second Resolved Clause
and Alderperson Hoffman explained the reason for the amendment.
9
City and school taxes for many of these years; and
Pl-
WHEREAS, the
depreciated amount
of the ARC grant is now
CD
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 Theater;
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
(400" Planning Department are hereby directed to take all necessary
steps to sell whatever interest the City has in the premises
known as the Strand Theater, 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, that the
City reserves the right to reject any and all bids, and that bids
are to be received at City Hall by 12:00 o'clock noon on June 3,
1991.
Amending Resolution
By Alderperson Hoffman: Seconded by Alderperson Johnson
RESOLVED, That two additional Resolved Clauses be added to read
as follows:
"RESOLVED, That nothing in this resolution should be construed as
a lack of commitment by the City government to the preservation
of historic buildings in the City and be it further
RESOLVED, That nothing in this resolution should be construed as
a lack of support for the application by Historic Ithaca for a
State grant to rehabilitate the Strand Theatre."
Discussion followed on the floor and it was agreed that the two
new Resolved Clauses will be voted on separately.
A vote on the First Amending Resolved Clause resulted as follows:
Ayes (8) - Johnson, Hoffman, Peterson, Romanowski,
Blanchard, Daley, Golder, Schroeder
Nays (2) - Booth, Cummings
Carried
Discussion followed on the floor on the Second Resolved Clause
and Alderperson Hoffman explained the reason for the amendment.
9
CHAPTER 37
"PARKS COMMISSION"
Section 37.1 Purpose.
March 6, 1991
It is recognized that the preservation of urban open space
is vital to the health, well- being, and development of all area
residents. It is desirable to establish a board in the City of
Ithaca government that is responsible on an on -going basis for
examining the stewardship of the City's parks system and for
determining whether leisure time user needs are being met by the
City's parks and open spaces and whether the City's parks and
open spaces and the facilities thereon are being appropriately
managed. While the Board of Public Works is ultimately
responsible under the City Charter for managing parks and other
open spaces in the City, a City Parks Commission would be able to
t the Board of Public Works and Common
provide valuable advice o
Council regarding park and open space issues.
Section 37.2 Establishment of a Parks Commission.
A Parks Commission (hereafter referred to as the Commission)
is hereby established to advise the Board of Public Works, and,
as appropriate, Common Council and other City Boards and
Commissions, on issues relating to City -owned parks and open
spaces.
Section 37.3 Membership.
1. The Commission shall consist of nine members, all of
whom are appointed by the Mayor, subject to the approval of
Common Council, and two - thirds of whom must be City residents.
a) One member shall be chosen from each of the following
organizations: Circle Greenway, Six Mile Creek Overseer
Committee, Shade Tree Advisory Committee, and the Recreation
Committee of the Youth Bureau. b) Seven members shall
represent, through specific training or an equivalent background
and active interest, landscape architecture, historic
preservation or local history, horticulture, general ecology, and
recreation. c) Two members shall be at -large members
representing the general community. Ex- officio members (non-
voting) of the Commission shall include a member of Common
Council, a member of the Planning Board, a member of the Board of
Public Works, the City Forester, the Recreation Coordinator of
the Youth Bureau, and the Parks and Forestry Supervisor of the
Department of Public Works. Each ex- officio member representing
a particular group shall be chosen by his or her constituent
group.
2. Commission members shall serve a three year term.
However, in order to stagger the terms, the initial terms of one
third of the members shall be one year; a second third shall
serve two years; and a final third shall serve three years. At
the expiration of the such initial terms, all terms shall be for
a period of three years.
3. Vacancies on the Commission shall be filled in the same
manner as the original appointment, except that a vacancy
occurring other than by the expiration of the term of office
shall be filled only for the remainder of the unexpired term.
4. The chairperson and vice chairperson of the Commission
shall be elected by and from the members of the Commission by
majority vote.
12
299
A vote on the Main Motion as Amended resulted as follows:
Ayes (8) - Romanowski, Blanchard, Johnson, Daley, Cummings,
Golder, Booth, Schroeder
co Nays (2) - Peterson, Hoffman
Carried
PLANNING AND DEVELOPMENT COMMITTEE:
(�] * 15.2 Arts Center Committee
< By Alderperson Hoffman: Seconded by Alderperson Daley
WHEREAS, the Downtown Vision Task Force has recommended that the
Sea Escape Restaurant and the Ithaca Theatre receive prime
consideration as an arts performance center, and
WHEREAS, this recommendation should receive careful and timely
consideration, and
WHEREAS, both of the affected properties are currently available
for sale, and
WHEREAS, the sale of either or both of these properties might
complicate the proposal of the Downtown Vision Task Force; now,
therefore, be it
RESOLVED, That the Mayor facilitate the formation of a community
committee to study the feasibility of the Task Force
recommendation including the financial impacts and financial
solutions and make its conclusions available to the community.
Discussion followed on the floor.
Alderperson Cummings left the meeting at 8:55 p.m.
A vote on the resolution resulted as follows:
Ayes (6) - Booth, Romanowski, Johnson, Blanchard, Daley,
Schroeder
Nays (3) - Golder, Hoffman, Peterson
Carried
Recess
Common Council recessed at 9:00 p.m. and reconvened in regular
session at 9:15 p.m.
* 15.1 An Ordinance Adding a New Chapter 37 Entitled "Parks
Commission" to the City of Ithaca Municipal Code
By Alderperson Hoffman: Seconded by Alderperson Daley
RESOLVED, That the Common Council of the City of Ithaca does
hereby adopt Chapter 37 entitled "Parks Commission ".
ORDINANCE NO. 90
BE IT ORDAINED AND ENACTED by the Common Council of the City of
Ithaca, New York, that a new Chapter 37, entitled "Parks
Commission" be added to the City of Ithaca Municipal Code to read
as follows:
11
March 6, 1991
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 Theater, 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, that the
City reserves the right to reject any and all bids, and that bids
are to be
1991, and
received at City Hall by 12:00 o'clock noon on June 3,
be it further
RESOLVED,
That nothing in this resolution should be construed as
a lack of
commitment by the City government to the preservation
of historic buildings in the City.
A vote on the Main Motion as Amended resulted as follows:
Ayes (8) - Romanowski, Blanchard, Johnson, Daley, Cummings,
Golder, Booth, Schroeder
co Nays (2) - Peterson, Hoffman
Carried
PLANNING AND DEVELOPMENT COMMITTEE:
(�] * 15.2 Arts Center Committee
< By Alderperson Hoffman: Seconded by Alderperson Daley
WHEREAS, the Downtown Vision Task Force has recommended that the
Sea Escape Restaurant and the Ithaca Theatre receive prime
consideration as an arts performance center, and
WHEREAS, this recommendation should receive careful and timely
consideration, and
WHEREAS, both of the affected properties are currently available
for sale, and
WHEREAS, the sale of either or both of these properties might
complicate the proposal of the Downtown Vision Task Force; now,
therefore, be it
RESOLVED, That the Mayor facilitate the formation of a community
committee to study the feasibility of the Task Force
recommendation including the financial impacts and financial
solutions and make its conclusions available to the community.
Discussion followed on the floor.
Alderperson Cummings left the meeting at 8:55 p.m.
A vote on the resolution resulted as follows:
Ayes (6) - Booth, Romanowski, Johnson, Blanchard, Daley,
Schroeder
Nays (3) - Golder, Hoffman, Peterson
Carried
Recess
Common Council recessed at 9:00 p.m. and reconvened in regular
session at 9:15 p.m.
* 15.1 An Ordinance Adding a New Chapter 37 Entitled "Parks
Commission" to the City of Ithaca Municipal Code
By Alderperson Hoffman: Seconded by Alderperson Daley
RESOLVED, That the Common Council of the City of Ithaca does
hereby adopt Chapter 37 entitled "Parks Commission ".
ORDINANCE NO. 90
BE IT ORDAINED AND ENACTED by the Common Council of the City of
Ithaca, New York, that a new Chapter 37, entitled "Parks
Commission" be added to the City of Ithaca Municipal Code to read
as follows:
11
Section 37.7
Reporting Requirements.
March 6, 1991
The Commission shall provide an annual summary of its
activities to Common Council and the Board of Public Works not
later than the first day of April of each year. The Commission
shall also provide any special reports and recommendations as may
be necessary.
Section 37.8 Definitions.
1. Cemeteries: All City -owned burial grounds.
2. vegetation: All trees, shrubs, vines and turf,
including all herbaceous and woody plant material.
3. Parks and Open Spaces: All City -owned or managed land
that constitutes parks, playgrounds, outdoor passive and active
recreation areas (whether paved or unpaved), plazas adjoining
buildings, natural areas adjacent to waterways and bike paths.
The term "parks and open spaces" does not include the Ithaca
Commons.
Effective Date.
This Ordinance shall take effect immediately.
Alderperson Blanchard stated
resolution was reviewed at the
of the Whole meeting today and
it.
that the "Parks Commission"
Board of Public Works Committee
the Board generally agreed with
Discussion followed on the floor.
A vote on the resolution resulted as follows: Carried (9 -0)
Alderperson Cummings out of room at time of vote.
Mayor Nichols stated that this would be the appropriate time for
members of Council to come forward to volunteer or to suggest
names for inclusion on the Parks Commission. He would like to
get the commission set up as soon as possible.
CHARTER AND ORDINANCE COMMITTEE:
Postering Ordinance - Report
Alderperson Peterson stated that proposals from club operators
who spoke to the Charter and Ordinance Committee included a map
of areas acceptable for postering, (mostly in business districts)
and also a leaflet with a guideline for putting up the posters,
removing posters, suggestions of one poster per band, per pole
and an explanation of our City law. The committee is expecting a
revised proposal that has better language that will be forwarded
on to City Attorney Guttman for review. The committee voted 3 -1
to accept this "self- policing" way of postering and it will be
looked at again in August to see if it is working.
* 14.2 Amendment to Chapter 23, Taxicab Zones and Rates Map
By Alderperson Peterson: Seconded by Alderperson Blanchard
RESOLVED, That the map, and schedule entitled "Taxicab Zones and
Rates - City of Ithaca" which map and schedule are appended to
Chapter 23 of the Ithaca City Municipal Code and referred to in
Section 23.42 entitled "Rates of Said Chapter" is hereby amended
to provide that the maximum rate that may be charged for
transportation of passengers shall be increased by $.50 (fifty
cents) over the rates established on August 1, 1986 in accordance
with the schedule. (Schedule attached to Minute Book)
14
19
301
March 6, 1991
5. A quorum for the transaction of business shall consist
of five of the Commission members, but it shall require an
affirmative vote of a majority of the body to decide on new
policy issues.
6. The Commission shall meet at least monthly. Meetings may
be held at any time on the written request of any two Commission
members or at the call of the chairperson or Mayor.
Section 37.4 Powers and Duties
The Commission shall:
1. Review and make recommendations to the Board of Public
Works, and as appropriate Common Council, and other City agencies
on issues affecting the parks and open spaces, and cemeteries;
�. 2, Prepare and maintain a detailed inventory with
descriptions of all areas described in paragraph 1;
M 3. Review significant new projects or proposed significant
changes involving the use, design, construction, and management
�] of the lands on which it makes recommendations and take an active
< role in making sure needed changes are implemented.
4. Review and make recommendations regarding the use of
parks and open spaces and facilities thereon and their proper
maintenance;
5. Provide a forum for public comment regarding parks and
recreation issues and promote public awareness of the value of
open spaces within the community;
6. Make recommendations for the acquisition or designation
of new park land by City government where appropriate and aid in
the search for state, federal, or private funding sources for
such acquisitions;
7. Formulate rules, regulations, and procedures necessary
to conduct its own business, including the authority' to set up
subcommittees.
Section 37.5 Relationship to Other City Boards and Committees
1. All significant issues involving parks or open spaces,
that come before any branch of City government, shall be referred
to the Commission for review and recommendation before they are
approved;
2. The Commission shall refer issues that affect the
design, planting, management, protection, and removal of City -
owned vegetation to the Shade Tree Advisory Committee (STAG).
STAC shall present projects in areas of the Commission
jurisdiction to the Commission for review.
(4� Section 37.6 Budget and Compensation.
1. The Commission shall present requests for funding
necessary to carry out its goals to the Board of Public Works as
a part of the annual BPW budget review.
2. The members of the Commission, including ex- officio
members, shall receive no compensation for their services but
may be. reimbursed for reasonable and necessary expenses incurred
as allowed for in the budget.
13
March 6, 1991
Alderperson Cummings out of room at time of vote.
* 14.4a An Ordinance Amending Chapter 68 Entitled "Noise"
v.,....- 1+ -iocf of the Citv of Ithaca
By Alderperson Peterson:
Seconded by Alderperson Johnson
ORDINANCE NO. 91-
AN ORDINANCE AMENDING 'NOISE" OF THE CITY OF
ITHACA MUNICIPAL CODE
BE IT ORDAINED AND ENACTED BY THE COMMON COUNCIL OF THE CITY
OF ITHACA AS FOLLOWS:
Section 1. Section 31 entitled Penalties of Chapter 68
entitled "Noise" of the City of Ithaca Municipal Code is hereby
amended as follows:
"S 68.31 Penalty
Any person who shall violate any provision of this Chapter
shall be punishable by a fine not to exceed Two Hundred Fifty
Dollars ($250.00) or imprisonment of not more than fifteen (15)
days, or both such fine and imprisonment; provided, however, a
person who shall violate any provision of this chapter after
having been convicted of a violation of any provision of this
chapter within the preceding three years shall be punishable by a
fine not to exceed Five Hundred Dollars ($500.00) or by
imprisonment of not more than fifteen (15) days, or both such
fine and imprisonment, and further provided that any person who
shall violate any provision of this chapter after having been
convicted two or more times of a violation of any provision of
this chapter within the preceding three years shall be punishable
by a fine not to exceed Seven Hundred Fifty Dollars ($750.00) or
imprisonment of not more than fifteen (15) days, or both such
fine and imprisonment."
Section 2. This ordinance shall take effect immediately in
accordance with law
of the Ithaca City Charter. notice e as provided in
Section 3.11(B) (Publication date
March 13, 1991)
Alderperson Peterson explained the.resolution.
Alderperson Hoffman suggested the following:
Amending Resolution
RESOLVED, That the amount of the second and third penalties be
changed to $350.00 and $500.00.
Alderperson Hoffman's Amending Resolution failed for lack of a
second.
A vote on the Resolution resulted as follows: Carried (9 -0)
Alderperson Cummings out of room at time of vote.
ed "
*14.4b An Urutiia11%=c .
Safety Section 65.33 Entitled 'Public Urination Prohibited' o
the City of Ithaca Municipal Code
By Alderperson Peterson: Seconded by Alderperson Schroeder
ORDINANCE NO. 91-
AN ORDINANCE AMENDING CHAPTER 65 ENTITLED "PUBLIC SAFETY" OF THE
CITY OF ITHACA MUNICIPAL CODE.
16
303
March 6, 1991
Alderperson Peterson explained the resolution and requested that
the following Resolved Clause be added to the resolution:
Amending Resolution
By Alderperson Peterson: Seconded by Alderperson Blanchard
RESOLVED, That the schedule include the effective date of these
rates. (Effective date March 7, 1991)
* 14.3 An Ordinance Amending Chapter 60 Entitled °Traffic and
Vehicles ", Section 60.60 Entitled 'Civil Penalties for De]inmiAnt
Violations' of the City of Ithaca Municipal Code
By Alderperson Peterson: Seconded by Alderperson Schroeder
(4wol ORDINANCE NO. 91-
AN ORDINANCE AMENDING CHAPTER 60 ENTITLED "TRAFFIC AND
VEHICLES" OF THE CITY OF ITHACA MUNICIPAL CODE
BE IT ORDAINED AND ENACTED by the Common Council of the City
of Ithaca, New York, as follows:
Section 1. That Chapter 60 entitled "Traffic and Vehicles"
of the City of Ithaca Municipal Code is amended as follows:
That Section 60.60 entitled "Civil Penalty for Delinquent
Violations of Article" is hereby amended to read as follows:
"Section 60.60 Civil Penalty for Delinquent Violations of
Article
That in addition to the penalties provided in Section 60.59
additional civil penalties shall be payable upon any violation
for parking for a longer period of time than is permitted in
accordance with the following schedule:
A. Penalty to be added after fifteen days $ 5.00
B. Penalty to be added after forty -five
days - an additional $15.00
C. Upon submission of uncollectible fines
to a collection agency or other entity for
enforcement, an amount not to exceed 35 percent
of the total delinquent fine and penalties will
be added to cover collection fees.
Section 2. This ordinance shall take effect immediately in
accordance with law upon publication of a notice as provided in
Section 3.11(B) of the Ithaca City Charter. (Publication Date
March 13, 1991)
Carried (9 -0)
15
Carried (9 -0)
Alderperson
Cummings out of
room at time of
vote.
Alderperson
Daley suggested
the following:
Amending Resolution
RESOLVED, That
the Common
Council instruct the Board of Public
Works to remove all taxi stations and be
replaced with metered
parking.
co
Alderperson
Daley's motion failed for lack of a second.
A, vote on
the Resolution
as Amended by
Alderperson Peterson
resulted as
follows:
Carried (9 -0)
Q
Alderperson
Cummings out of
room at time of
vote.
* 14.3 An Ordinance Amending Chapter 60 Entitled °Traffic and
Vehicles ", Section 60.60 Entitled 'Civil Penalties for De]inmiAnt
Violations' of the City of Ithaca Municipal Code
By Alderperson Peterson: Seconded by Alderperson Schroeder
(4wol ORDINANCE NO. 91-
AN ORDINANCE AMENDING CHAPTER 60 ENTITLED "TRAFFIC AND
VEHICLES" OF THE CITY OF ITHACA MUNICIPAL CODE
BE IT ORDAINED AND ENACTED by the Common Council of the City
of Ithaca, New York, as follows:
Section 1. That Chapter 60 entitled "Traffic and Vehicles"
of the City of Ithaca Municipal Code is amended as follows:
That Section 60.60 entitled "Civil Penalty for Delinquent
Violations of Article" is hereby amended to read as follows:
"Section 60.60 Civil Penalty for Delinquent Violations of
Article
That in addition to the penalties provided in Section 60.59
additional civil penalties shall be payable upon any violation
for parking for a longer period of time than is permitted in
accordance with the following schedule:
A. Penalty to be added after fifteen days $ 5.00
B. Penalty to be added after forty -five
days - an additional $15.00
C. Upon submission of uncollectible fines
to a collection agency or other entity for
enforcement, an amount not to exceed 35 percent
of the total delinquent fine and penalties will
be added to cover collection fees.
Section 2. This ordinance shall take effect immediately in
accordance with law upon publication of a notice as provided in
Section 3.11(B) of the Ithaca City Charter. (Publication Date
March 13, 1991)
Carried (9 -0)
15
3()!;
March 6, 1991
times of a violation of this section within the preceding three
years shall be punishable by a fine not greater than Two Hundred
Dollars ($200.00) and not more than fifteen (15) days in jail.
Section 2. This ordinance shall take effect immediately in
accordance with law upon publication of a notice as provided in
Section 3.11(B) of the Ithaca City Charter. (Publication date
March 13, 1991) Carried (9 -0)
Alderperson Cummings out of room at time of vote.
*
14.5 An Ordinance Amending Chapter 36 Entitled "City
Enviroental Quality Review Ordinance "
nm , Section 36.13 _Jb
Entitled 'Type II Actions'
By Alderperson Peterson: Seconded by Alderperson Johnson
ORDINANCE NO. 91-
AN ORDINANCE AMENDING CHAPTER 36 ENTITLED "CITY ENVIRONMENTAL
QUALITY'REVIEW ORDINANCE (CEQR), SECTION 36.13 (b) (5), ENTITLED
"TYPE II ACTIONS" OF THE CITY OF ITHACA MUNICIPAL CODE.
BE IT ORDAINED AND ENACTED by the Common Council of the City
of Ithaca, New York as follows:
Section 1. That Section 36.13 entitled "Type II Actions" is
hereby amended to read as follows:
"Section 36.13(b) (5) Type II Actions
Replacement of a facility in kind, on the same site unless
such facility meets or exceeds any of the thresholds in Section
36.12 of this ordinance.
Section 2. This ordinance shall take effect immediately in
accordance with law upon publication of a notice -as provided in
Section 3.11(B) of the Ithaca City Charter. (Publication date
March 13, 1991)
Carried (9 -0)
Alderperson Cummings out of room at time of vote.
fli7
m
Visions Task Force - Report
Alderperson Hoffman reported that the Planning and Development
Committee has begun to look at the recommendations for zoning
changes in the Central Business District, including West State
Street. The Planning and Development Committee has directed the
Planning staff to prepare a concept memo for the changes
recommended by the Downtown Visions Task Force that would
specifically affect building height and requirement for parking
along West State Street and possibly along West Green and Seneca
Streets. A copy of the memo will be sent to Council members when
it is ready.
1991 1992 Community Development Application - Repo_rt
Alderperson Hoffman reported the process for applying for
Community Development funds is proceeding. There is still time
for proposals to be submitted.
BUDGET AND ADMINISTRATION
* 16 1 City of Ithaca
Budget Cuts
By Alderperson Booth: Se
WHEREAS, Governor Cuomo
capita State aid to local
COMMITTEE'
Opposition to Proposed New York State
conded by Alderperson Johnson
has recommended drastic cuts in per
governments, and
M
0
I rn
305
March 6, 1991
BE IT ORDAINED AND ENACTED BY THE COMMON COUNCIL OF THE CITY
OF ITHACA AS FOLLOWS:
Section 1. Section 33 entitled "Penalties" of Chapter 65
entitled "Public Safety" of the City of Ithaca Municipal Code is
hereby amended to read:
No person shall urinate or defecate in a public place except
in a restroom facility. For the purpose of this section, public
place shall mean any place to which the public or substantial
group of persons has access and includes, but is not limited to,
highways, pedestrian malls, streets, sidewalks, parking areas,
municipal parking ramps, other transportation facilities, pools,
places of amusement, parks, playgrounds and hallways, lobbies and
other portions of apartment houses and hotels not constituting
rooms or apartments designed for actual residence.
The violation of this section shall be a violation and
co punishable by a fine not greater than $250 and /or not more than
co 15 days in jail, provided that a person who violates this section
after having been convicted of a violation of this section within
the preceding three years shall be punishable by a fine not
greater than Three Hundred Fifty Dollars ($350.00) and /or not
Q more than fifteen (15) days in jail, and further provided that a
person who violates this section after having been convicted two
or more times of a violation of this section within the preceding
three years shall -be punishable by a fine not greater than Five
Hundred Dollars ($500.00) and /or not more than fifteen (15) days
in jail.
Section 2. This ordinance shall take effect immediately in
accordance with law upon publication of a notice as provided in
Section 3.11(B) of the Ithaca City Charter. (Publication date
March 13, 1991)
Discussion followed on the floor.
A vote on the Resolution resulted as follows:
Carried (9 -0)
Alderperson Cummings out of room at time of vote.
* 14.4c An Ordinance Amending Chapter 65 Entitled "Public
Safety ", Section 65.34 Entitled 'Consumption of Alcoholic
Beverages in Public Places' of the City of Ithaca Municipal Code
By Alderperson Peterson: Seconded by Alderperson Schroeder
ORDINANCE NO. 91-
AN ORDINANCE AMENDING CHAPTER 65 ENTITLED "PUBLIC SAFETY" OF THE
CITY OF ITHACA MUNICIPAL CODE
BE IT ORDAINED AND ENACTED BY THE COMMON COUNCIL OF THE CITY
OF ITHACA AS FOLLOWS:
Section 1. Section 34 entitled "Consumption of Alcoholic
Beverages in Public Places" of the City of Ithaca Municipal Code,
subdivision G entitled "Punishment" to read as follows:
The violation of any of the provisions of this section shall
be punishable by a fine not greater than One Hundred Dollars
($100) and /or not more than fifteen (15) days in jail, provided,
however, that a person who violates this section after having
been convicted of a violation of this section within the
preceding three years shall be punishable by a fine not greater
than One Hundred Fifty Dollars ($150.00) and /or not more than
fifteen (15) days in jail, and further provided that a person who
violates this section after having been convicted two or more
17
March 6, 1991
osition 'CO
* 16.2 1Lnaca zvu-LjL
Division for Youth Budget Cuts
By Alderperson Booth: Seconded by Alderperson Johnson
WHEREAS, the Governor's 1991 -92 State budget includes a 55%
reduction in the amount of Youth Development and Delinquency
Prevention Program local assistance available to the City of
Ithaca for Division for Youth supported programs, a 55% cut in
aid for Youth Bureau administration, and an additional 27% cut in
Special Delinquency Prevention Program funding, and
WHEREAS, these cuts amount to a loss of. $83,173 to the City of
Ithaca in state aid revenue for youth services anticipated for
91 ro ram year and
the 19 p g F
WHEREAS, over 11,000 youth from the City and County rely on the
Ithaca Youth Bureau services supported in part with these funds,
and
WHEREAS, loss of the programs supported by these dollars would do
great harm to the young people involved, and
WHEREAS, the NYS Executive Law Article 19A Section 420 which
provides per capita aid to localities for youth services has been
the foundation of the State's successful youth service system for
more than 45 years, and
WHEREAS, the Governor's proposal to allow Division for
enough
funded programs to charge fees will not g enerate
alternative revs to fees t now, therefore, be itervices for
able to
families least P ay
RESOLVED, That the City urges our Senate and Assembly
representatives and the leadership of the Legislature to oppose
the Governor's proposed cuts in state aid for youth services, and
be it further
RESOLVED, That the City urges continued support for Executive Law
Article 19A Section 420, and opposes any attempts to eliminate or
weaken the State's youth service system, and be it further
RESOLVED, That this resolution be transmitted to: Governor
Cuomo, the leaders of the Senate and Assembly, the leadership of
the legislative th services commites and toeoprnlob recommending state
aid for you al represent tives
Discussion followed on the floor.
A vote on the resolution resulted as follows:
Ayes (6) - Booth, Johnson, Golder, Hoffman, Peterson,
Schroeder
Nays (4) - Blanchard, Cummings, Romanowski, Daley
Carried
By Alderperson Booth: Seconded by Alderperson
WHEREAS, the State of New York has recently r
grant amount to the Ithaca Youth Bureau for t
Transition -To -Work Program from $20,000.00 to
Peterson
educed the proposed
he expansion of the
$10,000.00, and
WHEREAS, the City of Ithaca adopted a resolution relating to the
$20,000.00 NYS Transition -To -Work Program Grant at its November
7, 1990 Common Council meeting, and
WHEREAS, the State of New York has agreed to approve upon re-
submission a $10,000.00 grant to the Ithaca Youth Bureau for the
expansion of the Transition -To -Work Program, and
20
307
March 6, 1991
WHEREAS, these cuts amount to nothing more than a shift of the
State deficit to local property taxes, and
WHEREAS, Local Governments must provide essential public services
and cannot abandon the health and safety of their residents, and
WHEREAS, the magnitude of these proposed State aid reductions
will cause significant reductions in local services plus
potential tax increases, and
WHEREAS, the adoption of the Governor's budget as proposed would
mean a thirty -nine percent reduction in State Revenue Sharing
from the 1989 -90 distribution, and
WHEREAS, the City of Ithaca would lose in excess of $936,000
from said thirty -nine percent cut, and
RESOLVED, That the Common Council of the City of Ithaca calls
upon Senator James L. Seward and Assemblyman Martin Luster to
stand up for our taxpayers by rejecting the Governor's proposal,
and to return State Revenue Sharing to its 1990 -91 level, and be
it further
RESOLVED, That the Common Council urges the leaders of the State
Senate and the State Assembly to reject the Governor's proposal
for cuts in local aid and return State Revenue Sharing to its
1990 -91 level.
Mayor Nichols stated that he thinks it is going to be absolutely
necessary, if people want to see these cuts restored, to accept
the need for other revenues. The State is not going to be able
to restore these cuts without some other source. It is incumbent
upon people to state what needs to be done. In his view the
only thing that can be done is to restore the cuts that were made
in the very upper levels of the State income tax that were made
over the last 4 or 5 years, which has cost the State about $7
billion. What has been proposed and stated in the present
newsletter of the Human Services Coalition is that if there were
a 5% increase in the incomes above $200,000. that would restore
$3 billion to the budget. Those were the groups that were cut
over the last years and have benefitted from those tax cuts.
Mayor Nichols stated that he does not think that communities and
property tax - payers should have to make up those cuts, which is
what is going to happen if they are not restored.
Alderperson Cummings returned to the meeting at 9:45 p.m.
Discussion followed on the floor on the proposed budget cuts.
A vote on the resolution resulted as follows:
Ayes (7) - Booth, Daley, Johnson, Peterson, Hoffman, Golder,
Schroeder
Nays (3) - Romanowski, Blanchard, Cummings
Carried
19
WHEREAS,
the City would also lose
approximately
$161,000 from a
Co
proposed
State cut of thirty -five
percent of the
City's supposed
M
pension
savings, which would once
again be taken
by the State in
the form
of an additional cut in Revenue Sharing,
and
[n
WHEREAS,
the City of Ithaca would
also be in jeopardy
of losing
<
portions
of the Consolidated Highway Improvement
Program Funds,
Youth Bureau Aid, and various
other State assisted program
funding;
now, therefore, be it
RESOLVED, That the Common Council of the City of Ithaca calls
upon Senator James L. Seward and Assemblyman Martin Luster to
stand up for our taxpayers by rejecting the Governor's proposal,
and to return State Revenue Sharing to its 1990 -91 level, and be
it further
RESOLVED, That the Common Council urges the leaders of the State
Senate and the State Assembly to reject the Governor's proposal
for cuts in local aid and return State Revenue Sharing to its
1990 -91 level.
Mayor Nichols stated that he thinks it is going to be absolutely
necessary, if people want to see these cuts restored, to accept
the need for other revenues. The State is not going to be able
to restore these cuts without some other source. It is incumbent
upon people to state what needs to be done. In his view the
only thing that can be done is to restore the cuts that were made
in the very upper levels of the State income tax that were made
over the last 4 or 5 years, which has cost the State about $7
billion. What has been proposed and stated in the present
newsletter of the Human Services Coalition is that if there were
a 5% increase in the incomes above $200,000. that would restore
$3 billion to the budget. Those were the groups that were cut
over the last years and have benefitted from those tax cuts.
Mayor Nichols stated that he does not think that communities and
property tax - payers should have to make up those cuts, which is
what is going to happen if they are not restored.
Alderperson Cummings returned to the meeting at 9:45 p.m.
Discussion followed on the floor on the proposed budget cuts.
A vote on the resolution resulted as follows:
Ayes (7) - Booth, Daley, Johnson, Peterson, Hoffman, Golder,
Schroeder
Nays (3) - Romanowski, Blanchard, Cummings
Carried
19
March 6, 1991
* 16.6 Re est to Replace Bucket Truck
By Alderperson Booth: Seconded by Alderperson Blanchard
WHEREAS, an aerial ublic bucket Worksrufor which twenty a years was damaged t
damaged in
Department of P
December of 1990, and
WHEREAS, it has been determined that $35,000 would be required to
repair said vehicle, and on
WHEREAS, the cost acquiring r old a chassis aerial would unit to
approximately
our existing, nine Y
$54,000, and
WHEREAS, the cost of repairing this machinery is not reasonable
when compared to purchasing new equipment; now, therefore, be it
RESOLVED, That an mount
Departmentof exceed $54,000
PublicOWorksa f
equipment for
Capital Reserve # 2
this purpose. Carried Unanimously
* 16.7 Request to Amend 1991 DPW Transit Budqet
By Alderperson Booth: Seconded by Alderperson Romanowski
WHEREAS, the Board of Public Works wishes to enter into a
professional services contract with Bernard Carpenter for the
provision of services relating to both Ithaca Transit and the
Streets and Facilities Division, and
scope
WHEREAS, the Board of Public Works has requested d that
not to exceed
of work be expanded from the originally approved
contract of $10,000., to a revised not to exceed amount of
$20,000.; now, therefore, be it
RESOLVED, That $10,000. to provide
the roriginal contract Aamou� 5
amount, and to
Account A5630-4 , P
be it further
RESOLVED, Thathe
to $10,000
transferre from
Account A5010-105
Ayes (9) - Johnson, Cummings, Peterson, Daley, Hoffman,
Schroeder, Blanchard, Romanowski, Golder
Nay (1) - Booth
Carried
* 16.8a Re nest to Match the Certified Local Governmenu mow., mall..
Application for 1991
By Alderperson Booth: Seconded by Alderperson Cummings
WHEREAS, the City of Ithaca has received Certified Local
Government status from the New York State Office of Parks,
Recreation and Historic Preservation, and
WHEREAS, ten percent (10 %) of funds allocated to New York State
for preservation activities are made available exclusively to
Certified Local Governments on a competitive basis, and
WHEREAS, photographic documentation and existing maps of
previously designated districts and landmarks in the City are
outdated and inadequate, and documentation of the Central
Business District collected in 1979 no longer meets The Secretary
of the Interior's Standards and Guidelines for Archeolo and
Historic Preservation, and
WHEREAS, the updating and upgrading of existing .inventories so
that they accurately represent what is known about the component
historic and architectural resources are eligible activities for
Certified Local Government Subgrant funds, and
22
0
March 6, 1991
WHEREAS, the Ithaca Youth Bureau Board of Advisors has reviewed
the summary proposal for the grant; now, therefore, be it
RESOLVED, That the Common Council authorizes the Youth Bureau to
re- submit said application to the New York State Division for
Youth for approval of the expansion of the Transition -To -Work
Program by $10,000.
Carried Unanimously
(400" * 16.4 Request for Employee Incentive Award
By Alderperson Booth: Seconded by Alderperson Johnson
WHEREAS, the Youth Bureau Director, has recommended Youth Worker
Charlotte Walsh for an Employee Incentive Award pursuant to the
terms of the CSEA Administrative Contract, and
WHEREAS, the Youth Bureau Director has provided the Budget and
Administration Committee with substantial justification for
granting this Employee Incentive Award, and
co WHEREAS, the Youth Bureau Director's recommendations complies
M with the procedures and guidelines outlines in the CSEA
Administrative Unit Contract; now, therefore, be it
M
Q RESOLVED, That Charlotte Walsh's salary be increased by eight
(8 %) percent to an annual salary of $14,098 effective January 15,
1991, and be it further
RESOLVED, That $957. be transferred from Account A1990,
Unrestricted Contingency to Account A7310 -120, Hourly P /T, for
the purpose of the incentive award.
Discussion followed on the floor.
Alderperson Golder, for the record, stated that his objection is
based on the unfairness of merit pay.
A vote on the resolution resulted as follows:
Ayes (9) - Booth, Johnson, Romanowski, Blanchard, Schroeder,
Peterson, Hoffman, Daley, Cummings
Nay (1) - Golder
Carried
* 16.5 Appointment of Acting Assistant Superintendent of Public
Works
By Alderperson Booth: Seconded by Alderperson Blanchard
WHEREAS, the former Acting Assistant Superintendent of Public
Works, Bernard J.-Carpenter, retired from the City on January 18,
1991 and Richard Ferrel has been fulfilling those duties since
that time, and
WHEREAS, Richard Ferrel has received a preliminary adjustment to
his salary to reflect additional duties at the time Assistant
Superintendent Larry Fabbroni departed in April of 1990; now,
therefore, be it
QW.", RESOLVED, That Richard Ferrel be appointed Acting Assistant
Superintendent of Public Works, retroactive to Mr. Carpenter's
retirement, and that his salary be increased by 5% while he is in
this position, and be it further
RESOLVED, That the source of funds shall be derived from Account
A5010 -105, Streets Administration.
Carried Unanimously
21
3019
March 6, 1991
it Chamberlain Request to Ad'ust 1991 Cit Tax Roll
By Alderperson Booth: Seconded by Alderperson Peterson
WHEREAS, pursuant to Section 554 (Sub 4A) of the Real Property
Tax Law, the Director of Assessments has investigated an
application for the borhood Hous ng Services, and essential fact
filed by Ithaca Neig h
WHEREAS, said investigation revealed that an exemption was
omitted from 705 Cliff Street, and
WHEREAS, the Director f Assessment ma at he taxable
value of said property be changed from $48400 to$0 •o
therefore, be it
RESOLVED, That the 1991 Tax Roll for the City of Ithaca be
amended to reduce the assessment of Tax Map number 38. -3 -6, and
be it further
RESOLVED, That the City Chamberlain is authorized and directed to
make the appropriate changes in the Tax Roll and to prepare a new
tax bill for said property. Carried Unanimously
* 16.10 Cit Chamberlain Re est to Ad'ust 1991 Cit Tax Roll
By Alderperson Booth: Seconded by Alderperson Romanowski
WHEREAS, pursuant to Section 554 (Sub. 4A) of the Real Property
investigated an
Tax Law, the Director of Assessments has
application for the correction of an error in essential fact
filed by Bodil Somkin, and
WHEREAS, said investigation Crevealed
da hataa Veterans Exemption of
$12,000 was omitted
WHEREAS, the Director of Assessment reCom e to that th 000axable
value of said property be changed from $178,000
therefore, be it
RESOLVED, That the 1991 Tax Roll
amended to reduce the assessment o
and be it further
RESOLVED, That the City Chamberlain
make the appropriate changes in the
tax bill for said property.
for the City of Ithaca be
f Tax Map Number 87. -1- 16.41,
is authorized and directed to
Tax Roll and to prepare a new
Carried Unanimously
* 16.11_ Cit Chamberlain - Den Re est to Waive Penalties on
Taxes
By Alderperson Booth: Seconded by Alderperson Golder
RESOLVED, That the request for waiver of penalties assessed for
late payment of
.t Rob n G . Bell, PhD, l
with respec and
t full Tax
submitted by D property at
714 North Aurora Street be denied. Carried Unanimously
* 16.12 Cit Chamberlain Reggest Extension of Count Tax Warrant
By Alderperson Booth: Seconded by
be Aiderperson atowrequest the
RESOLVED, That the City Chamberlain
County of Tompkins to extend its warrant for collection of the
1991 County taxes until May 31, 1991. Carried Unanimously
* 16.13 city Chamberlain Re uest to Reduce Assessment
By Alderperson Booth: Seconded by Alderperson Blanchard
WHEREAS, pursuant to Section 554 (Sub. 4A) of the Real Property
Tax Law, the Director of Assessment has investigated an
application for the correction of an error in essential fact
filed by Arthur and Ellen Rosten, and
24
m
Q
March 6, 1991
WHEREAS, Ithaca Landmarks Preservation Commission has determined
that the project will increase the capability and effectiveness
of the Certified Local Government in addressing historic
preservation issues, and
WHEREAS, the project budget summary appears as follows:
Total Cost
City of Ithaca share
In -Kind
Cash Match
$12,530
6,265
2,770
3,495, and
WHEREAS, the City's match can be drawn from funds already
allocated to the Department of Planning and Development; now,
therefore, be it
RESOLVED, That the Common Council authorizes the Director of
Planning and Development to commit and encumber funds in the
amount of $3,495 from fees line #435 - Planning Contracts, to
match the Certified Local Government Subgrant Application FY 191
Ithaca Survey Update.
Ayes (9) - Blanchard, Romanowski, Daley, Johnson, Golder,
Peterson, Hoffman, Cummings, Schroeder
Nay (1) - Booth
Carried
* 16.8b Certified Local Government FY '91 Application
By Alderperson Booth: Seconded by Alderperson Peterson
WHEREAS, the City of Ithaca has received Certified Local
Government status from the New York State Office of Parks,
Recreation and Historic Preservation, and
WHEREAS, ten percent (10 %) of funds allocated to New York State
for preservation activities are made available exclusively to
Certified Local Governments on a competitive basis, and
WHEREAS, the Office of Parks, Recreation and Historic
Preservation has reserved $15,000. of their FY 191 funding for
landmarks commission training programs, and
WHEREAS, the Ithaca Landmarks Preservation Commission has
identified training needs and selected a preferred training
method, and
WHEREAS, the training program identified by the Commission is an
eligible activity for funds, and
WHEREAS, the project budget summary appears as follows:
Total Cost 2,393
City of Ithaca share 1,197
In -Kind Services 775
Cash Match 442, and
WHEREAS, the City's match can be drawn from funds already
allocated to the Department of Planning and Development; now,
therefore, be it
RESOLVED, That the Common Council authorizes the Director of
Planning and Development to commit and encumber funds in the
amount of $442. from fees line #435 - Planning Contracts, to
match the Certified Local Government Subgrant Application FY 1911
Commission Training.
Ayes (9) - Romanowski, Blanchard, Daley, Golder, Peterson,
Hoffman, Johnson, Cummings, Schroeder
Nay (1) - Booth
23
Carried
311
March 6, 1991
the
RESOLVED, That the City Engineer is authorized to expa office
scope for the agreements with the New York State Energy
and Rensselaer Polytechnic Institute to purchase and install the
first phase of equipment, and be it further
RESOLVED, That the Common Council hereby approves a budget of up
000. for equipment expenses, and up to $2,000. for
to $8' such monies to be made available from
installation expenses,
unallocated 1990 CHIPS funds.
Acting Superintendent Gray addressed Council and answered
questions from Council members.
A vote on the resolution resulted as follows:Carried Unanimously
* 16.18a Bond Resolution
conded by Alderperson Schroeder
By Alderperson Booth: Se
BOND RESOLUTION DATED MARCH 6, 1991-
A RESOLUTION AUTHORIZING EXPENDITURE SERIAL
HE
THE APPROPRIATION AN TO PAY ADDITIONAL
CITY OF ITHACA, TOMPKINS COUNTY, NEW YORK,
COSTS OF VARIOUS CAPITAL IMPROVEMENTS.
bond resolutions dated July 5, 1989, September 6,
WHEREAS, by 6, 1991, as amended, the
1989, March 7, 1990, and February haca, Tompkins County, New York,
Common Council of the City of It
authorized various City improvements and the financing thereof,
and
WHEREAS, it has now been determined that such authorizations and
the amount of obligations of such and moneys be Shoup d expended
therefor for certain the
increased to include and
ovements and finance
costs nofrissuancelof such
of
of such i p
serial bonds, and
WHEREAS, it is now desired to so provide; now, therefore, be it
RESOLVED, by the Common Council of the City of Ithaca, Tompkins
County, New York, as follows:
Section I. For the specific object or purpose of paying
additional costs of the capital improvements specified in Section
2 hereof, there are hereby authorized to be issued $233,155
serial bonds pursuant to the provisions of the Local Finance Law,
and there are hereby authorized to be expended $11,930 current
funds of said City, which current funds are hereby appropriated
therefor.
Section 2. The capital improvements in and for the City of
Ithaca, Tompkins County, New York, for which such additional
serial bonds, bond anticipation notes and current funds shall be
expended and the maximum estimated cost of each of such capital
improvements are as follows:
a) The original improvement and embellishment of Cass Park,
at a maximum estimated cost of $103,320;
b) The reconstruction of various City buildings, for the
purpose of removing asbestos therein, at a maximum estimated cost
of $155,160;
26
I F-J
31;3
March 6, 1991
WHEREAS, said investigation revealed an error in transferring the
taxable value of 452 Floral Avenue to the Tax Roll, and
WHEREAS, the Director of Assessment recommends that the assessed
value be changed from $60,500 to $49,800; now, therefore, be it
RESOLVED, That the 1991 Tax Roll for the City of Ithaca be
amended to reduce the assessment of Tax Map Number 99 -1 -6 from
$60,500 to $49,800, and be it further
RESOLVED, That the City Chamberlain be authorized and directed to
make the appropriate changes to the Tax Roll, and to prepare a
new tax bill for said property.
Carried Unanimously
* 16.14 DPW Request to Increase Authorization for Joint Transit
Facility Project Desiqn
By Alderperson Booth: Seconded by Alderperson Blanchard
WHEREAS, after further review of the estimated cost of the Joint
co Transit Facility with the selected architectural firm of Kayer,
Parker and Garment and representation of the Urban Mass Transit
Administration, it has been determined that the original project
m estimate of $4,690,000. should be revised to $6,443,434., and
Q WHEREAS, the related estimated cost of designing the
g g project has
also been increased from $294,000. to $380,970.1 thereby
requiring an additional City share of approximately $20,000. for
design costs; now, therefore, be it
RESOLVED, That $20,000. be advanced from Capital Reserve #22 for
Bus Acquisition to Capital Project #229 to fund the City's share
of said design.
Discussion followed on the floor.
A vote on the resolution resulted as follows:
Ayes (7) - Booth, Johnson, Romanowski, Blanchard, Peterson,
Cummings, Schroeder
Nays (3) - Hoffman, Golder, Daley
Carried
* 16.15 Approval of 1991 -1992 Civil Service Agreement
By Alderperson Booth: Seconded by Alderperson Romanowski
RESOLVED, That the Mayor and City Clerk be authorized and
directed to execute an agreement between the City of Ithaca and
Ithaca City School District for performance by the City for
services in connection with Civil Service matters, for the period
July 1, 1991 to June 30, 1992, in an amount of $24,345.00,
payable to the City of Ithaca on or before November 1, 1991.
Carried Unanimously
* 16.16 Audit
By Alderperson Booth: Seconded by Alderperson Schroeder
RESOLVED, That the bills presented, as listed on Audit Abstract
#4/1991 in the amount of $41,248.89 be approved for payment.
Carried Unanimously
* 16.17 Signal Timing optimization Study
By Alderperson Booth: Seconded by Alderperson Daley
WHEREAS, the City wishes to test the recommendations which will
be forthcoming from the Signal Timing Optimization Study which it
has previously authorized, and
WHEREAS, a 50% matching funds program is available immediately to
make the initial purchases of equipment; now, therefore, be it
25
31.0
March 6, 1991
a, $3,150 serial bonds costs of the original improvement and
allocated to pay additional
embellishment of Cass Park described in subdivision a of Section
2 hereof;
b. $4,900 serial bonds and $260 current funds to pay
City
additional costs of the eeCOfstr moving asbestos various
therein
buildings, for the purp os
described in subdivision b of Section 2 hereof;
c. $11,205 serial construction of9a new road t Routeol3pto 0 current funds
additional costs of the co s
be an extension to Third Street described in subdivision c of
Section 2 hereof;
d, $1,400 serial bonds to pay additional costs of the
purchase and installation of sanitary sewers to serve the area
along Third Street described in subdivision d hereof;
e, $1,400 serial bonds to pay additional costs of the
purchase and installation described in subdivisionhe area along
the Third Street Extensi on
2 hereof; ay
f. $8,825 serial b r d construction ofu the funds tThur ton tAvepnue
additional costs of th e
Bridge described in subdivision f of Section 2 hereof;
g-
$49,910 serial bonds and $2,630 current funds to pay
additional costs of the reconstruction
throughout and in and for said
Section 2 hereof;
h. $75,780 serial bonds and $3,990 current funds to pay
additional costs of the h of Section 2 hereof City fire stations
described in subdivision to
pay
i. $31,860 serial the s reconstruction ofntfiredsst tions
additional costs of
described in subdivision i of Section 2 hereof;
j. $14,440 serial bonds and $760 current funds to pay
additional costs of the reconstruction Section the
hereof Wart Avenue
Bridge described in subdivision j of
k. $5,250 seoialthe onreconstruction cofrethe funds t
state Street
additional costs of
Pedestrian Mall described in subdivision k of Section 2 hereof;
1. $2,660 serial bonds and $140 current funds to pay
additional costs of the
ubdivision reconstruction
of Section 2 hereofth Bureau
Facility described in
m.
$2,80 0 serial bonds construdcti $150
n of current funds various fire stations
additional costs of the r
described in subdivision m of Section 2 hereof;
n. $5,005 serial bonds and $265 current funds ad toolpay
additional costs of
allh described in nsubdivision tnn of Section 2
systems in City
hereof;
o. $3,010 seof bonds and $10 current
ofre funds
to pay
various sidewalks
additional costs of
described in subdivision o of Section 2 hereof;
Wj
3.15
March 6, 1991
c) The construction of a new road at Route 13 to be an
extension to Third Street, at a maximum estimated cost of
$481,795;
d) The purchase and installation of sanitary sewers to serve
the area along Third Street, at a maximum estimated cost of
$56,400;
e) The purchase and installation of water mains to serve the
(4wowl area along the Third Street Extension, at a maximum estimated
cost of $56,400;
f) The reconstruction of the Thurston Avenue Bridge, at a
maximum estimated cost of $274,290;
g) The reconstruction of various streets located throughout,
and in and for said City, at a maximum estimated cost of
$2,052,540;
CO h) The construction of new City fire stations, at a maximum
M estimated cost of $2,264,770;
D
CO i) The reconstruction of fire stations, at a maximum
Q estimated cost of $1,033,540;
j) The reconstruction of the Stewart Avenue Bridge, at a
maximum estimated cost of $545,200;
k) The reconstruction of the State Street Pedestrian Mall,
at a maximum estimated cost of $163,780;
1) The reconstruction of the Youth Bureau Facility, at a
maximum estimated cost of $82,800;
m) The reconstruction of various fire stations, at a maximum
estimated cost of $86,950;
n) The installation of new heating and cooling systems in
City Hall, at a maximum estimated cost of $155,270;
o) The reconstruction of various sidewalks, at a maximum
estimated cost of $93,170;
p) The reconstruction of various sewer lines, at a maximum
estimated cost of $124,200; and
q) The reconstruction of North Quarry Street, at a maximum
estimated cost of $222,750.
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 the bond anticipation notes, the expenditure
of current funds and moneys from the Appalachian Regional
Commission, Sewer Fund, Water Fund, Capital Reserve Fund No. 4,
Capital Reserve,Fund for Energy Improvement, Capital Reserve Fund
for Department of Public Works Equipment and moneys from the
%WW. Consolidated Highway Improvement Program Funds and State
Department of Transportation previously authorized to be issued
or expended, as the case may be, pursuant to the bond resolutions
set forth in the preambles hereof and by the issuance of the
$233,155 serial bonds and by the expenditure of the $11,930
current funds of said City authorized to be issued pursuant to
this bond resolution, which additional serial bonds and current
funds shall be allocated as follows:
27
1
March 6, 1991
the date,
fiscal agent or of a designated official afinent dates, place or
denominations, maturities and interest payment
consolidation with
places of payment, and also. id by th City Controller. It is
other issues, shall be determned by the
hereby determined that it is to the financial gistered advantage
off such
h y
impose and collect f bonds
City not to imp charges for mailing, shipping and insuring
serial bonds any the fiscal agent, and, accordingly,
transferred or exchanged by
Section 70.00 of the Local Finance
pursuant to paragraph c of shall be so collected by the fiscal agent.
Law, no such charges the recital of validity
Such bonds shall contain substantially he
clause provided for in Section 52.00Of asuchn recitals a
cl P in
shall otherwise be in such form and contain
addition to those required by Section 52.00 of the Local Finance
Law, as the City Controller shall determine.
Section 10.
This resolution, which takes effect
immediately, shall be published in full in the Ithaca
official newspaper, together with a not ice of the Citty y Clerk
l Journal,
the the form provided in Section 81.00 of the Local
t ally
in substan i
Finance Law.
1 tion is to allow the
Alderperson Booth stated that this reso u
City to capitalize the interest costs androjects transaction for permanent
C1 y going out with Y P
with regard to g g this at this time is
financing. The reason that we are doing and it
because there are favorable interest rates in the market,
is a favorable time to sell payable on
City Controller Cafferilldue explained 1991tist included interest the budget.
bond anticipation notes inance, a1 we are here, you have t pay
When you permanently the end
interest from the time the bonds dothemselves ireexcessdofo$200,000
of the year. ca stated that to pay the required interest. We
in available cash necessary art of the bond
therefore have to capitalize it. It becomes a part
same thing
aid over an eighteen year period.
issue and it's P costs which will be between
holds true for the related closing
$40,
000 and $50,000. We would therefore capitalize the closing
costs as well. hat
City Controller Cafferillo explained tble asethenbondrmarketphas
C1 y has been as fa 1 to close
this point in time,
past ten years. We have to wait until May
been in the p to the fact that almost half of our Bond
due
on this bond issue, Aug ust 1st. You are only allowed a
Anticipation Notes become due
ninety day roll -over period so it was impossible to sell in March that it is to
when the market was even better. ae a tatedlt of the end of the
say whether the market will change
war but even at present the rates are better than they have been
for a long time.
Controller Cafferillo stated that our last two permanent
City sold at 6.875%. Today our rate
financings, in 1986 and 1988► Over the period of the issue we
would probably be around 6.50. full advantage taking
would save $324,000. He said we are also to make as much
of the tax regulations in the roll -over procedure able.
interest as we can, to offset our interest pay
A roll call vote on the foregoing resolution resulted as follows:
30
Aye - Golder
Aye -
Romanowski
Aye - Schroeder
Aye -
Johnson
Aye - Blanchard
Aye
- Booth
Aye - Cummings
Aye
- Peterson
- Hoffman
Aye - Daley
Carried Unanimously
Aye
30
March 6, 1991
P- $4,200 serial bonds to pay additional
reconstruction of various costs of the
Of Section 2 hereof; and sewer lines described in subdivision p
q. $7,360 serial bonds and .$390 current funds to pay
additional costs of the reconstruction of North Quarry Street
described in subdivision q of Section 2 hereof.
Section 4. The periods of probable usefulness of the
capital improvements described in Section 2 hereof shall be as
(IWAVe set forth in the bond resolutions described in the preambles
hereof, computed from the date of issuance of the first
obligation issued for each of such capital improvement.
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
Co notes, is hereby delegated to the City Controller, the chief
M fiscal officer.
Section 6. The validity of such additional bonds and bond
[n anticipation notes may be contested only if:
Q
1) Such obligations are authorized for an object or purpose
for which said City is not authorized to expend money, or
2) The provisions of law which should be complied with at
the date of publication of this resolution are not substantially
complied with,
and an action, suit or proceeding contesting such validity is
or
commenced within twenty days after the date of such publication,
p
3) Such obligations are authorized in violation of the
provisions of the Constitution.
Section 7. The bonds authorized pursuant to the bond
resolutions described in the preambles hereof, this bond
resolution and any other bond resolution previously adopted by
this Common Council, shall be in fully registered form and shall
be signed in the name of the City of Ithaca, Tompkins County, New
York, by the manual or facsimile signature of the City Controller
and a facsimile of its corporate seal shall be imprinted thereon
and attested by the manual or facsimile signature of the City
Clerk.
Section 8. The powers and duties of advertising such bonds
for sale, conducting the sale and awarding the bonds, are hereby
delegated to the City Controller, who shall advertise such bonds
for sale, conduct the sale, and award the bonds in such manner as
he or she shall deem best for the interests of the City;
provided, however, that in the exercise of these delegated
powers, he or she shall comply fully with the provisions of the
Local Finance Law and any order or rule of the State Comptroller
applicable to the sale of municipal bonds. The receipt of the
City Controller shall be a full acquittance to the purchaser of
such bonds, who shall not be obliged to see to the application of
the purchase money.
Section 9. All other matters, except as provided herein
relating to such bonds, including prescribing whether manual or
facsimile signatures shall appear on said bonds, prescribing the
method for the recording of ownership of said bonds, appointing
the fiscal agent or agents for said bonds, providing for "the
printing and delivery of said bonds (and if said bonds are to be
executed in the name of the City by facsimile signature of the
City Controller, providing for the manual countersignature of a
29
March 6, 1991
Mayor Nichols, for the record, clarified that he is not
necessarily talking about a decrease in support for human service
agencies,
but it is simply unreasonable in these daysubfor
agencies to come just to the county and the city for p
support. He said that if you add the property tax base of the
Towns of Ithaca, Dryden and Lansing, they are twice those of the
City. The agencies must be made to go to the towns for funds as
well as to the city and the county.
Department Head Evaluations - Report
Alderperson Johnson stated too d examples ofdehowrsto Blanchard,
establish
the committee has
some g
appropriate goals and objectives for department heads. This
matter will be brought to Council sometime this Spring.
Executive Session
By Alderperson Daley: Seconded
RESOLVED, That Common Council
discuss personnel items.
by Alderperson Cummings:
adjourn into Executive Session to
Carried Unanimously
Regular Session Regular Session and
Common council reconven
following resolutions: on at 11:15 p•
presented the
ApngjntmgeEnLtof Acting Building Commissioner
Johnson
By Alderperson Booth: Seconded by A1991 person Eck trom be and is
RESOLVED, That effective March Commissioner and that his salary
hereby appointed Acting Building
be increased 20 percent during the time he serves in this
position. Carried Unanimously
Increase in Salar for Youth Bureau Director Cohen
By Alderperson Booth: Seconded by Alderperson Johnson
RESOLVED, That effective immediately Sam Cohen's salary be and is
hereby increased five percent in recognition of the increasing
complexity of his position. Carried Unanimously
ADJOURNMENT
On a motion the meeting adjourned at 11:20 p.m.
l
Callista F. Paolang' i
City Clerk
32
Benjamin Nichols
Mayor
31;1
March 6, 1991
* 16.18b_ Capital Improvement Authorizations
By Alderperson Booth: Seconded by Alderperson Blanchard
RESOLVED, That the following Capital Project authorizations shall
be increased to reflect capitalized interest and closing costs to
be financed through the issuance of serial bonds:
RESOLVED, That the statutory down payments shall be funded as
follows:
CHIPS Moneys from A690 -2 $ 4,835
General Fund from A1990
Unrestricted Contingency 3,743
Advance of City Funds to Fund the
Towns Share of Fire Station
Construction and Reconstruction
Down Payments 3,352
Total 11 930
Carried Unanimously
HUMAN SERVICES COMMITTEE:
City Role in Human Services Funding - Report
Alderperson Johnson reported that over 20 people representing the
agencies who receive City funding came to the Human Services
Committee meeting in February and the committee heard some very
strong arguments about why'the City should continue to contribute
to the budgets of the human service agencies.
Discussion followed on the floor.
31
Project Project
Total
Estimated
Cash
Serial
No.
Name
Maximum Cost
Down Payment
Bonds
#230
#231
Cass Park
Asbestos Removal
$ 3,320
5,160
$ 170
$ 3,150
260
4,900
#233
Industrial Park
Improvements:
- Streets
11,795
590
11,205
(�
- Sewer
- Water
1,400
0
1,400
(o
#222
Thurston Avenue Bridge
1,400
9,290
0
465
1,400
#225
Hudson Street
8 825
'
-�
#215
Reconstruction
Fire Station
52,540
2,630
49,910
m
<(
#221
Construction
Fire Station
79,770
3,990
75,780
#219
Reconstruction
Stewart Ave. Bridge
33,540
15,200
1,680
X760
31,860
Reconstruct State St.
1 440
#243
'
#203
Pedestrian Mall
Reconstruct
5,530
280
5,250
#246
Youth Bureau
Fire Station
2,800
140
2,660
Reconstruction
2,950
150
2,800
#247
New HVAC Install
#249
City Hall
Reconstruct Various
5,270
265
51005
#603
Sidewalks
Reconstruct Sewer Lines
3,170
4,200
160
3,010
#216
North Quarry Street
7,750
0
390
4,200
7,360
Totals $245,085
$11,930
$233,155
and be
it further
RESOLVED, That the statutory down payments shall be funded as
follows:
CHIPS Moneys from A690 -2 $ 4,835
General Fund from A1990
Unrestricted Contingency 3,743
Advance of City Funds to Fund the
Towns Share of Fire Station
Construction and Reconstruction
Down Payments 3,352
Total 11 930
Carried Unanimously
HUMAN SERVICES COMMITTEE:
City Role in Human Services Funding - Report
Alderperson Johnson reported that over 20 people representing the
agencies who receive City funding came to the Human Services
Committee meeting in February and the committee heard some very
strong arguments about why'the City should continue to contribute
to the budgets of the human service agencies.
Discussion followed on the floor.
31