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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. 1 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. 291 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 3 (ills) 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 I rn 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 5 0d 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 J 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 7 12t1fi 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 N s:d 9 'i' 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. 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. ",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 10 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: 11 300 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 12 IF] I F_ � 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 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. 13 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) 14 0 303 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) 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) 15 3()1 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. 16 305 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 (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 17 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. 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 M J 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 (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 19 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 19 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 20 3(1;� 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 21 31(1 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 22 CD M m Q 0 616q- 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 23 311 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 24 19, CD M a 0 3 13 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; CO 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 '11, f; 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; ME I Wn 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: CO 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 n I 'F �1 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 0 J CD m a 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 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 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 f (' 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