HomeMy WebLinkAboutMN-CC-1991-04-03April 3, 1991
COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 7:00 April 3, 1991
PRESENT:
Mayor Nichols
(Woo, Alderpersons (10) - Booth, Blanchard, Peterson, Johnson, Daley,
Romanowski, Golder, Hoffman, Cummings,
Schroeder
OTHERS PRESENT:
City Clerk - Paolangeli
City Attorney - Guttman
City Controller - Cafferillo
r.. Deputy City Controller - Thayer
Planning and Development Director - VanCort
Planning and Development Deputy Director - Sieverding
Police Chief - McEwen
Fire Chief - Olmstead
(� Acting Building Commissioner - Eckstrom
Q Youth Bureau Director - Cohen
Acting Superintendent of Public Works - Gray
Personnel Administrator - Saul
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 March 6., 1991 Common Council Meeting
By Alderperson Hoffman: Seconded by Alderperson Peterson
RESOLVED, That the Minutes of the March 6, 1991 Common Council
meeting be approved as published.
Carried Unanimously
ADDITIONS TO OR DELETIONS FROM THE AGENDA:
Executive Session
Alderperson Booth and Mayor Nichols requested an Executive
Session at the end of the meeting to discuss a personnel item and
a real estate item.
No Council member objected.
New Business
Alderperson Hoffman requested that a letter from Mr. William
Benson of Floral Avenue regarding a sub - division problem be
discussed under New Business.
No Council member objected.
Planning and Development Committee
Human Services Committee
Alderpersons Hoffman and Johnson requested that the "Reports"
under their committees be deleted in the interest of time.
No Council member objected.
1
321
April 3, 1991
MAYOR'S APPOINTMENTS:
Parks Commission
Mayor Nichols requested Council's approval of the following
appointments to the Parks Commission:
One Year Terms
Elizabeth Mulholland, representing Circle Greenway, non -city
resident at present; also "at- large"
Richard Fischer, representing Six Mile Creek Overseer
Committee, non -city resident; environmental education
Denise Rusoff, representing Recreation Committee of Ithaca
Youth Bureau, 209 Hudson Street
Two Year Terms
David Fernandez, nurseryman, landscape designer, owner
Cayuga Landscape Co. Inc., 905 North Tioga Street
Joann Cornish -Epps, landscape designer, parks and playground
designer, presently with Cornerstone Architects, 313 North Tioga
Street
Beverly Baker, "at- large ", 320 South Geneva Street
Three Year Terms
Nina Bassuk, representing Shade Tree Advisory Committee,
horticulturist, non -city resident
Diane Sherman, general ecology, 206 Hillview Place
Daniel Krall, landscape architect, Vice - President, Historic
Ithaca, 612 South Plain Street.
Resolution
By Alderperson Schroeder: Seconded by Alderperson Golder
RESOLVED, That this Council approves the appointments to the
Parks Commission as requested by Mayor Nichols.
Carried Unanimously
Disability Advisory Council
Mayor Nichols requested approval of Council for the appointment
of Larry Roberts, 301 South Geneva Street, to the Disability
Advisory Council for a term to expire June 30, 1991, to replace
Lynn Logan who has resigned.
Resolution
By Alderperson Golder: Seconded by Alderperson Hoffman
RESOLVED, That this Council approves the appointment of Larry
Roberts to the Disability Advisory Council with a term to expire
June 30, 1991.
Carried Unanimously
COMMUNICATIONS:
Mayor Nichols read a letter from Martin A. Luster, Assemblyman
125th District thanking the Mayor for his letter of March 25 and
Council for their resolution of March 6, regarding proposed cuts
in per capita State aid to local governments.
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
Sale of "Pogo Parcel" to Mutual Housing Association
The following persons spoke to Council in favor of the sale of
the- "Pogo -Parcel" to the Mutual Housing Association:
Jeff Gruber, President Mutual Housing Association of
Tompkins County, read a letter of support from the Finger
Lakes Independent Living Center
2
323
April 3, 1991
Robert Balder, Executive Director Mutual Housing Association
of Tompkins County
Bryan Isacks, Northside /Cascadilla Creek Civic Association
RESPONSE TO THE PUBLIC:
Sale of 11j;0-
Pogo Parcel" to the Mutual Housing Association
Alderperson Romanowski responded to the persons who had spoken
(Wooell and called him regarding the issue of the sale of the "Pogo
Parcel" to the Mutual Housing Association of Tompkins County.
REPORT OF BOARD OF REPRESENTATIVES:
Mr. Eric Lerner, 1st Ward Representative to the County Board
reported on the following issues:
Dryden Landfill Site - The County has received reports from the
consultants on how the County can re- configure the DR -7 landfill
site so as to avoid putting the landfill directly on the
federally delineated wetlands that the County is finding there.
M Although there are several concerns regarding this site to start
looking for a new site would mean spending several million
Co dollars of taxpayers money to start all over again, with some
Q risks that we end up with another site that is just as bad, or
worse.
Closing of the Hillview Road Landfill - The County is looking
toward closing the Hillview Road Landfill, which is also known as
the Landstrom Landfill. The County has received consultants
reports on new drillings and new information about how much
seepage into the soil there has been and how much environmental
contamination we are already dealing with. There will be a tour
of the Hillview Road Landfill on April 11 if Council members
would like to participate.
County's Personnel Reclassification Project - The basic concept
of the project is that the County is re -doing the entire
personnel classification system to eliminate any hidden race or
sex bias in the system. The project will be completed soon.
Old Jail Building - The County is finishing the design phases of
the renovation of the old jail building on Court Street. The
building will probably be office space for the County Planning
Department and other County offices.
Mr. Lerner answered questions from Council members.
REPORT OF CITY BOARDS, COMMISSIONS AND COMMITTEES:
Board of Public Works
Commissioner Reeves reported to the Council on the following
matters:
Spring Street Cleaning - The Spring cleaning of City streets
started on April 1st. Due to budget cuts City crews will not be
hand - raking and cleaning between the sidewalk and the curb as in
previous years. If homeowners wish to rake their lawn between
the sidewalk and curb, the debris may be raked into the gutter
prior to the City crew cleaning the street. All streets to be
worked on will be posted with "No Parking" signs 24 hours in
advance of starting the work. Any vehicles parked after the 24-
hour posting will be tagged and towed at the owners expense. Any
debris placed in the gutter after the work crews have cleaned the
posted streets will be cleaned up at the property owners expense.
Commissioner Reeves answered questions from Council members
regarding phosphates being added to the water supply, repaving of
East State Street where the street was dug up, Golf Course fees,
and stapling of signs to trees.
32
April 3, 1991
REPORT OF CITY CLERK:
Designation of Polling Places for 1991
By Alderperson Daley: Seconded by Alderperson Johnson
RESOLVED, That the following locations be designated as polling
places for the City of Ithaca for the year 1991:
First Ward 1st District Chestnut Street
2nd District 800 S. Plain St.
3rd District 626 W. State St.
4th District 300 W. Court St.
5th District Chestnut St.
Second Ward 1st
District
300
W.
Court
St.
2nd
District
310
W.
Green
St.
3rd
District
520
Hudson St.
4th
District
310
W.
Green
St.
5th
District
300
W.
Court
St.
Third Ward 1st District Cornell Campus
Central Avenue
2nd District Cornell Street
3rd District Cornell Street
Alternative
Community School
Titus Towers
Housing
Bangs Ambulance
Service
G.I.A.C. Building
Alternative
Community School
G.I.A.C. Building
Central Fire Sta.
South Hill School
Central Fire Sta.
G.I.A.C. Building
Willard Straight
Hall
Belle Sherman Annex
Belle Sherman Annex
Fourth Ward 1st District 635 Stewart Ave. Noyes Center
2nd District 402 E. State St. Challenge Industries
3rd District 309 College Ave. #9 Fire Station
Fifth Ward 1st District 1012 N. Tioga St.
2nd District Corner King &
Aurora Streets
3rd District 309 Highland Rd.
4th District Corner King &
Aurora Streets
#7 Fire Station
Fall Creek School
1st Congregational
Church
Fall Creek School
Carried Unanimously
Alderperson Romanowski noted that Bang's Ambulance Service is
allowing the City to use their building as a polling place this
year and he thanked Mr. Bangs for the gesture.
CITY CONTROLLER'S REPORT:
Permanent Financing
City Controller Cafferillo explained his discussion with Moody's
Investment Services regarding the City's financial condition. He
stated that Moody's Investment Services, after a number of
meetings, were willing to uphold the City's AA rating, which will
help the bids that we will take for our permanent financing on
April 4.
CITY ATTORNEY'S REPORT:
Fire Station #6
City Attorney Guttman reported that on April 1, the City sold
Fire Station #6 at 626 West State Street to Bang's Ambulance,
Inc. The purchase price was $225,666.00; the closing costs to
the City were $83.00 so the net proceeds were $225,583.00. We
have received those funds and they have been turned over to the
Controller's Office.
" i) 5
April 3, 1991
Cerafici Suit
City Attorney Guttman reported that Thomas Cerafici is suing the
City of Ithaca and the City School District through the Federal
District Court in Nevada for $745,000.00. The suit is regarding
a tax lien that he purchased in 1984, which was redeemed just
before the expiration of the three year redemption period. The
case is being handled through the City Attorney's Office and the
City has made a motion in Federal Court to dismiss for lack of
personal jurisdiction.
PLANNING AND DEVELOPMENT COMMITTEE:
* 16.6 Revised Environmental Assessment for Sale of Portion of
"Pogo Parcel" for Mutual Housing
By Alderperson Hoffman: Seconded by Alderperson Schroeder
WHEREAS, it is proposed that a portion of the block known as the
'Pogo Parcel' owned by the City and bounded by First, Franklin,
and Adams Streets and Lake Avenue, be sold to the Tompkins County
(� Mutual Housing Association for the purpose of development of
M affordable housing, and
WHEREAS, appropriate environmental review has been conducted
CO including the preparation of the Short Environmental Assessment
Q Form (SEAF) and the Long Environmental Assessment Form (LEAF),
and
WHEREAS, it appears that the proposed action is an "unlisted"
action under the State Environmental Quality Review Act (SEQR),
including the Part 617 regulations thereunder, and is an
"unlisted" action under the City Environmental Quality Review Act
(EQR Section 36.5 (E)), and
(44� WHEREAS, it appears that the proposed action will not have a
significant effect on the environment; now, therefore, be it
RESOLVED, that this Common Council, as lead agency in this
matter, hereby does adopt as its own the findings and conclusions
more fully set forth on the Short Environmental Assessment Form
and the Long Environmental Assessment Form dated March 11, 1991
and be it further
RESOLVED, that this Common Council as lead agency, hereby does
determine that the proposed action at issue will not have a
significant effect on the environment, and that further
environmental review is unnecessary under the circumstances, and
be it further
RESOLVED, that this resolution shall constitute notice of this
negative declaration and the City Clerk be and she is hereby
directed to file a copy of the same, together with the
attachment, in the City Clerk's Office and forward the same to
any other parties as required by law.
Ayes (9) - Romanowski, Hoffman, Golder, Johnson, Daley,
Peterson, Blanchard, Cummings, Schroeder
Nay (1) - Booth
Carried
INTERGOVERNMENTAL RELATIONS COMMITTEE:
* 18.2 Sale of "Pogo Parcel" to Mutual Housinq Association
By Alderperson Booth: Seconded by Alderperson Schroeder
WHEREAS, the City of Ithaca is committed to helping to provide
affordable housing; and
5
April 3, 1991
WHEREAS, the City is the owner of a vacant parcel of land with
dimensions 264 feet x 324.9 feet x 269.2 feet x 330 feet, being
the premises conveyed to the City of Ithaca by Francis J.
Paolangeli by deed dated May 10, 1990 and recorded in the
Tompkins County Clerk's office on May 10, 1990 in Liber 654 of
Deeds at page 254, hereinafter referred to as the "Pogo Parcel ";
and
WHEREAS, while the City has expressed its intent to commit the
easterly one -third of this parcel for park purposes, the westerly
two - thirds of the parcel are available to be developed for
affordable housing. The City has accepted the recommendation of
the Northside Land Use Committee to devote approximately two -
thirds of the Pogo Parcel to housing with a strong preference for
the encouragement of affordable housing; and
WHEREAS, on February 6, 1991 the City of Ithaca has passed
guidelines for the development of the Pogo Parcel including that
the parcel shall be developed to provide long -term or permanent
affordability for housing of good quality with as many units as
possible offered at below market rate; and
WHEREAS, Mutual Housing Association of Tompkins County, Inc.
( MHATC), a not - for - profit corporation, is organized and
structured so that it is capable of developing the parcel so as
to provide long -term affordable housing; and
WHEREAS, MHATC has submitted a proposal to the City of Ithaca to
develop the westerly two - thirds of the Pogo Parcel by
constructing fourteen duplexes which will be dedicated for long-
term affordable housing. The project is a two -phase project, the
first phase being the development of the westerly one -third of
the parcel and the second phase being the development of the
middle one -third of the Pogo Parcel; and
WHEREAS, in determining the market value of the westerly two -
thirds of the Pogo Parcel the City of Ithaca has considered,
among other factors, the original purchase price by the City of
the entire Pogo Parcel ($297,000), the intended dedication of the
easterly one -third of the Pogo Parcel for park purposes, the
imposition of the above - mentioned development guidelines, the
current real estate market, and, with respect to the middle one -
third of the Pogo Parcel the necessity of the owner having to
develop a road or alley between the parcel and the intended park;
and
WHEREAS, MHATC is prepared to apply to various public and private
organizations for financial subsidies of its affordable housing
project; and
WHEREAS, MHATC is applying for a NYS Infrastructure grant in the
amount of $70,000 and a grant or a loan in the amount of $180,000
from the Neighborhood Reinvestment Corporation and is also
applying to the Federal Home Loan Bank for a grant in the amount
of approximately $231,000 and a loan from the Federal Home Loan
Bank to a lending institution in the amount of approximately
$190,000 at an interest rate of one percent, which amount would
then be loaned to MHATC at an interest rate of three percent; and
WHEREAS, the rate at which the City of Ithaca borrows money is
currently below seven percent; and
- -WHEREAS, -there are approximately $392,000 of CDBG funds
available which could be used for this project; and
0
3 2'7
April 3, 1991
WHEREAS, a review of the projected finances of the MHATC proposal
demonstrates that if MHATC is to construct the projected housing
on the site and provided it at affordable housing rates, MHATC
will not be able to maintain a positive cash flow without paying
the City for the value of the land over time at below market
interest rates; and
(MOO." WHEREAS, while H. Matthys Van Cort is the Director of Planning
and Development for the City and is a member of the Board of
Directors of MHATC, he has had no part in the negotiation or
decision - making process in this matter; and
WHEREAS, this Council has made it clear to MHATC that this action
by the City is not indicative nor in any way guarantees any
further approvals by the City or any of its Boards; and
WHEREAS, MHATC, in order to pursue funding for this project needs
co to show site control over the westerly one -third of the site;
now, therefore, be it
RESOLVED, That the City of Ithaca hereby determines, considering
(�] the factors previously mentioned, that the full value of the
Q westerly one -third of the Pogo Parcel, as more particularly shown
on the attached sketch, is $90,000 (sketch is attached to Minute
Book); and be it further
RESOLVED, that the City of Ithaca hereby determines, considering
the factors previously mentioned, that the full value of the
middle one -third of the Pogo Parcel, as more particularly shown
on the attached sketch, is $60,000; and be it further
(Moo'RESOLVED, that the City of Ithaca hereby determines that MHATC is
the preferred entity to develop the westerly two - thirds of the
Pogo Parcel for long term affordable housing; and be it further
RESOLVED, that the City Attorney is hereby directed to negotiate
a contract with MHATC on the following terms:
1. The City of Ithaca shall convey to MHATC the westerly
one -third of the Pogo parcel for the purchase price of $90,000.
2. $90,000 shall be paid by MHATC to the City of Ithaca by
MHATC executing and delivering to the City a purchase money bond
and mortgage in the amount of $90,000 payable as follows:
interest only on a monthly basis at three percent for a period of
twelve years and then the $90,000 balance amortized over the
following twelve years with an interest rate of seven percent and
monthly payments. The bond and mortgage may be subordinated to a
construction loan or other permanent financing mortgage for the
development of seven duplexes on the site, the construction loan
or other permanent mortgage not to exceed $220,000 so that the
mortgage to the City will not be subordinated to more than
$220,000 of other debt.
3. The City of Ithaca shall convey the property by bargain
and sale deed. The property shall be conveyed in its "as is"
(400-.1 condition. The property conveyed shall be that described on the
attached sketch.
4. The deed shall contain restrictive covenants including
the Pogo Parcel development guidelines or other language
accomplishing those purposes and shall contain a provision
granting to the City a right of first refusal to reacquire the
- premises in the event that MHATC intends to sell or otherwise
convey the premises.
5. The contract shall be contingent upon MHATC providing
appropriate assurances and documentation to the City of Ithaca so
that the City of Ithaca determines, in its sole discretion, that
7
April 3, 1991
based on its organizational documents that MHATC is organized and
structured so that it is capable of providing and shall provide
long -term affordable housing on the site serving appropriate
sectors of the community and that the necessary funding is
available for MHATC to successfully complete the project. The
property shall not be conveyed until MHATC is ready, willing and
able to commence construction. If by August 1, 1991, MHATC has
not, in the City's sole discretion, arranged all necessary
financing, or if by December 1, 1991, MHATC is not ready, willing
and able to substantially commence construction, and, in the
City's sole discretion, capable of completing the entire first
phase of the project (the development of seven duplexes and their
dedication to long -term affordable housing in conformance with
the Pogo Parcel development guidelines), and likely to be able to
complete the entire second phase of the project (the development
of the additional seven duplexes on the middle one -third of the
Pogo Parcel and their dedication to long -term affordable housing
in compliance with the Pogo Parcel development guidelines), the
City may cancel this contract.
6. The City would further grant to MHATC an option to
acquire the middle one -third of the Pogo Parcel as shown on the
attached sketch. The option shall be a period of 18 months
running from the date of transfer of the westerly one third of
the parcel. MHATC shall pay to the City the sum of seven hundred
fifty dollars for this option which sum would be applied to the
purchase price if MHATC exercised the option. MHATC would have
the right to apply to the City to extend this option on the same
terms for an additional 18 months upon showing to the City that
by the end of this second 18 -month period they expect to be able
to substantially commence construction of the second phase of the
project and within one year thereafter complete construction of
the second phase. The purchase price for the option parcel shall
be the sum of $60,000. MHATC shall be entitled to exercise this
option only if it can show, at the City's sole discretion, that
it is ready, willing and able to successfully complete the second
phase of the project. MHATC shall affirmatively agree to take
all appropriate steps to apply for necessary funding to complete
phase two of the project and if such funding is available, shall
take all necessary steps to complete development of phase two of
the project.
7. Until construction of phase two of the project is
successfully completed or the above - mentioned option is
terminated, MHATC shall be required to reserve any surplus funds
from phase one to be applied by MHATC to the development of phase
two of the project; and be it further
RESOLVED, that the Mayor is hereby directed to take all
appropriate steps to reprogram the necessary CDBG funds for their
use on this project.
Alderperson Booth explained the project. Alderperson Hoffman
explained, in detail, his reasons for supporting this project.
Discussion followed on the floor.
Amending Resolution
By Alderperson Cummings: Seconded by Alderperson Romanowski
RESOLVED, That the third Whereas Clause shall read as follows:
"WHEREAS, while the City has expressed its intent, contingent
upon receipt of EQBA funding, to-commit the easterly one -third of
this parcel ... etc."
Extensive discussion followed on the floor.
April 3, 1991
Alderperson Cummings stressed that this amendment does not
preclude the creation of a park. She said that what this
amendment does is take away the binding nature of a commitment to
a park if'we don't get the money.
Further discussion followed on the floor with City Attorney
Guttman answering questions from Council members.
A vote on the amendment resulted as follows:
Ayes (7) - Booth, Johnson, Cummings, Golder, Blanchard,
Romanowski, Schroeder
Nays (3) - Peterson, Daley, Hoffman
Carried
Alderperson Booth suggested that the words "or alley" in the last
(�- line of the seventh Whereas Clause be deleted.
co
No Council member objected.
Alderperson Hoffman suggested that in the final Resolved, Item 5,
third line, the words "City of Ithaca" be stricken and the words
Q "Common Council" be inserted.
No Council member objected.
Amending Resolution
By Alderperson Johnson: Seconded by Alderperson Cummings
RESOLVED, That there be a new Resolved Clause added before the
last Resolved Clause to read as follows:
(600." "RESOLVED, That the money from the re- payment of this loan or
payment of a mortgage to the City be placed in a designated
Ithaca Housing Trust Fund to continue the City's commitment to
affordable housing for low and moderate income residents."
Discussion followed on the floor on the amendment. After
comments from City Controller Cafferillo and City Attorney
Guttman, Alderperson Johnson withdrew his amendment with the
possibility that it may be re- introduced and referred to a
committee at a later date.
Main Motion as Amended
A Roll Call vote on the foregoing resolution, as amended,
resulted as follows:
PJ
Cummings
- Aye
Johnson -
Aye
Golder
- Aye
Hoffman -
Aye
Booth
- Aye
Schroeder -
Aye
Peterson
- Aye
Blanchard -
Nay
Romanowski
- Aye
Daley -
Aye
Ayes (9)
Nay (1)
Carried
Recess
Common Council
recessed at
8:45 p.m. and reconvened in regular
session at 9:05
p.m.
Alderperson Cummings
left
the meeting at 8:45
p.m.
PJ
tr C10�
April 3, 1991
BUDGET AND ADMINISTRATION COMMITTEE:
* 14.1 Fire Department Request for Employee Incentive Award
By Alderperson Booth: Seconded by Alderperson Johnson
WHEREAS, the Fire Chief has recommended Administrative Secretary
Christine Brill for an Employee Incentive Award pursuant to the
policy and procedures established by the Budget and
Administration Committee, and
WHEREAS, the Fire Chief has provided the Budget and
Administration Committee with substantial justification for
granting this Employee Incentive Award, and
WHEREAS, the Fire Chief's recommendation complies with the policy
and procedures established by the Budget and Administration
Committee; now, therefore, be it
RESOLVED, That Christine Brill's salary be increased by eight
(8 %) percent to an annual salary of $29,745 effective March 14,
1991.
Ayes (8) - Booth, Johnson, Blanchard, Hoffman, Daley,
Peterson, Schroeder, Romanowski
Nay (1) - Golder
Carried
Alderperson Cummings out of room at time of vote.
* 14.2 Youth Bureau Employee Incentive Award
By Alderperson Booth: Seconded by Alderperson Schroeder
WHEREAS, the Youth Bureau Director has recommended Assistant
Activities Center Coordinator Linda Sterk for an Employee
Incentive Award pursuant to the terms of the CSEA Administrative
Unit contract, and
WHEREAS, the Youth Bureau Director has provided the Budget and
Administration Committee with substantial justification for
granting this Employee Incentive Award, and
WHEREAS, the Youth Bureau Director's recommendation complies with
the procedure and guidelines outlined in the CSEA Administrative
Unit Contract; now, therefore, be it
RESOLVED, That Linda Sterk's salary be increased eight (8 %)
percent to an annual salary of $23,190 effective February 20,
1991.
Ayes (7) - Johnson, Romanowski, Daley, Blanchard, Peterson,
Hoffman, Schroeder
Nays (2) - Booth, Golder
Carried
Alderperson Cummings out of room at time of vote.
Alderperson Golder stated, for the record, that the reason for
his opposition to incentive awards is, in his opinion, the
unfairness of merit pay, and he does not think the City should be
involved in deciding the salary of people on a case -by -case
basis.
* 14.3 Fire Department Standardization of Motorola Radio
Equipment
By Alderperson Booth: Seconded by Alderperson Johnson
WHEREAS, this Common Council has been requested by the Board of
Fire Commissioner to standardize on Motorola radio equipment to
be used by the City of Ithaca Fire Department, and to authorize
the City to purchase approved equipment from the manufacturer, or
a representative thereof, and
10
331
April 3, 1991
WHEREAS, it is deemed to be in the best interest of the City for
reasons of efficiency, compatibility and economics to approve
such standardization, as more fully spelled out in the following
items:
1. The City of Ithaca Fire Department presently has all Motorola
radio equipment.
(,,woe 2. The Tompkins County Emergency Control Center presently has
all Motorola console and communication equipment.
3. This action will minimize the inventory of repair parts which
would have to be maintained for the service of said radio
equipment.
4. Labor costs for maintenance and service of a standard type of
�. equipment will be less than are required to service different
CO types of radio equipment.
M 5. Present Motorola radio equipment has been satisfactory for
the uses of the Ithaca Fire Department.
6. Standardization provides the need for only one service
Q contract for its entire radio system, whereas additional
contractual agreements would be required for other types of
equipment; now, therefore, be it
RESOLVED, That pursuant to Section 103, Subdivision 5 of the
General Municipal Law of the State of New York this Common
Council hereby authorizes the standardization of Motorola radio
equipment as the type of equipment to be used and purchased by
(61ve the City of Ithaca Fire Department during the year 1991.
Carried (9 -0)
Alderperson Cummings out of room at time of vote.
* 14.4 Fire Department Standardization of MSA Self Contained
Breathing Apparatus and Equipment
By Alderperson Booth: Seconded by Alderperson Johnson
WHEREAS, this Common Council has been requested by the Board of
Fire Commissioner to standardize on MSA Self Contained Breathing
Apparatus and Equipment to be used by the City of Ithaca Fire
Department, and to authorize the City to purchase approved
equipment from the manufacturer, or a representative thereof, and
WHEREAS, it is deemed to be in the best interest of the City for
reasons of efficiency, compatibility and economics to approve
such standardization, as more fully spelled out in the following
items:
1. The City of Ithaca Fire Department presently has all MSA Self
Contained Breathing Apparatus and equipment.
2. The City of Ithaca Fire Department is an authorized repair
(4wo" facility for MSA Self Contained Breathing Apparatus.
3. This action will minimize the inventory of repair parts which
would have to be maintained for the service of said breathing
apparatus.
4. Labor costs for maintenance and service of a standard type of
equipment will be less than are required to service different
types of breathing apparatus.
5. Present MSA Breathing Apparatus has been satisfactory for the
uses of the Ithaca Fire Department.
11
April 3, 1991
6. All members of the Ithaca Fire Department are trained
exclusively in the proper use and operation of MSA Self Contained
Breathing Apparatus;
now, therefore, be it
RESOLVED, That pursuant to Section
General Municipal Law of the State
Council hereby authorizes the starn
Contained Breathing Ap[paratus and
equipment to be used and purchased
Department during the year 1991.
103, Subdivision 5 of the
of New York this Common
dardization of MSA Self
Equipment as the type of
by the City of Ithaca Fire
Carried (9 -0)
Alderperson Cummings out of room at time of vote.
* 14.5 Department of Public Works /Cornell Work Study Program
By Alderperson Booth: Seconded by Alderperson Peterson
WHEREAS, the Department of Public Works has budgeted $4600. for
seasonal part time personnel, and
WHEREAS, the Department of Public Works has benefited by
participation in the work study and Summer Job Network programs
at Cornell University over the past several years, and
WHEREAS, 60% of work study wages paid by the City are reimbursed
by Cornell University; now, therefore, be it
RESOLVED, That the Acting Superintendent of Public Works be
authorized to sign work study contracts in an amount not to
exceed $4600. for the 1990 -1991 academic year.
Carried (9 -0)
Alderperson Cummings out of room at time of vote.
* 14.6 Department of Public Works Approval of Elmira Road
Sidewalks, Project Design
By Alderperson Booth: Seconded by Alderperson Golder
WHEREAS, Common Council has established a Capital Project for
$250,000. for the installation of sidewalks on Elmira Road, and
WHEREAS, the Board of Public Works would like more information
about the feasibility and the design implications of such a
project; now, therefore, be it
RESOLVED, That the Board of Public Works recommends to the Common
Council the approval of a contract with Peter S. Weed for a
feasibility study and schematic design for Elmira Road sidewalks
as proposed in his letter of January 15, 1991 for a sum not to
exceed $4,000., and be it further
RESOLVED, That $4,000. be transferred from Account A1990
Unrestricted Contingency to Capital Project #237 Elmira Road
sidewalks, to finance this study, subject to reimbursement when
the applicable benefit assessment district is established.
Extensive discussion followed on the floor with the pros and cons
of the need for sidewalks in this area.
A vote on the resolution resulted as follows:
Ayes (7) - Booth, Johnson, Daley, Golder, Schroeder,
Peterson, Hoffman
Nays (2) - Blanchard, Romanowski
Carried
Alderperson Cummings out of room at time of vote.
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April 3, 1991
* 14.7 Finance Department /Chamberlain Request Correction to the
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 Gus Lambrou, and
(400" WHEREAS, the investigation revealed an erroneous inventory of
improvements resulted in over assessment of 405 -407 Eddy Street,
and
WHEREAS, the Director of Assessment recommends that the taxable
value of this property be changed from $786,300. to $481,300.;
now, therefore, be it
RESOLVED, That the 1991 Tax Roll for the City of Ithaca be
co amended to reduce the assessment of Tax Map number 63 -6 -26, and
be it further
RESOLVED, That the City Chamberlain is authorized and directed to
co make the appropriate changes in the Tax Roll and to prepare a new
Q tax bill for this property.
Ayes (8) - Booth, Romanowski, Blanchard, Johnson, Golder,
Schroeder, Peterson, Hoffman
Nay (1) - Daley
Carried-
Alderperson Cummings out of room at time of vote.
* 14.8 Police Department _ Transfer of Funds
By Alderperson Booth: Seconded by Alderperson Schroeder
RESOLVED, That the 1991 Budget of the Police Department be
amended by $545., to be transferred from Account A690 -8 Police
Asset Seizure Account to Account A3120 -425, for the acquisition
of various investigative supplies.
Carried (9 -0)
Alderperson Cummings out of room at time of vote.
* 14.9 Finance Department /Controller Request to Siqn Contract
for Technical Assistance Study
By Alderperson Booth: Seconded by Alderperson Golder
WHEREAS, the City has awarded $3,474 in grant funds through the
New York State Energy Office to assist localities in funding a
Technical Assistance Study for energy conservation improvements
to City buildings; now, therefore, be it
RESOLVED, That the Mayor be authorized to sign a contract for
services with the EME Group to perform a Technical Assistance
Study, and be it further
RESOLVED, That an amount not to exceed $6,600. be provided from
the Capital Reserve #24 to provide Technical Assistance Studies
(400e regarding energy conservation improvements for the Greater Ithaca
Activities Center building, the Southside Community Center
building, the Cass Park Facility building, and the Cass Park
Compressor building.
Carried (9 -0)
Alderperson Cummings out of room at time of vote.
13
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April 3, 1991
* 14. 10 Audit
By Alderperson Booth: Seconded by Alderperson Romanowski
RESOLVED, That the bills presented, as listed on Audit Abstract
#6/1991 in the total amount of $17,276.09 be approved for
payment.
Carried (9 -0)
Alderperson Cummings out of room at time of vote.
HUMAN SERVICES COMMITTEE:
* 15.1 Cable Commission
By Alderperson Johnson: Seconded by Alderperson Hoffman
WHEREAS, American Community Cablevision has discontinued the
weather channel from its basic service and replaced it with the
marketplace telemarketing channel, and
WHEREAS, ACC, the Cable Commission and the City of Ithaca have
received numerous complaints from subscribers about the removal
of the weather channel and its replacement with the marketing
channel, and
WHEREAS, the basic service subscribers depended on the
information provided by the weather channel; now, therefore, be
it
RESOLVED, That the Common Council protests the diminution of
programming serving the public interest and requests that ACC
restore the weather channel to its basic service.
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.
Community Police Board - Report
Alderperson Johnson reported that the Community Police Board has
reviewed and updated some parts of the Grievance procedure and
there will be a resolution forthcoming to the Council.
Youth Bureau - Program Review - Report
Alderperson Johnson reported that the Youth Bureau is going
through a procedure to evaluate their whole staffing plan. There
will be more information at future Human Services Committee
meetings.
PLANNING AND DEVELOPMENT COMMITTEE:
* 16.7 Environmental Impact Analysis /Northside Development
By Alderperson Hoffman: Seconded by Alderperson Booth
WHEREAS, extensive study and participatory planning activity over
the past two years, including the preparation of the Northside
Design Study, has identified opportunities and helped provide
direction to stabilization and enhancement of an important part
of the City, and
WHEREAS, several proposals for projects discussed in the Study -
'Pogo Parcel' housing and park, Sciencenter, DPW consolidation,
and Senior Citizens' Center - are currently being actively
pursued, and
WHEREAS, the City is the primary agency responsible for planning
and decision making on these projects at this point, and
WHEREAS, it is important to coordinate environmental review of
related projects such as these, especially concerning the traffic
and utilities impacts of capital facility and land use
development; now, therefore, be it
14
April 3, 1991
RESOLVED, That this Common Council requests the Director of
Planning and Development to have a long EAF prepared for the
several projects as a whole, for review and action by Common
Council.
Discussion followed on the floor with Planning and Development
Director VanCort answering questions from Council members.
(WW", Alderperson Cummings returned to the meeting at 9:40 p.m.
A vote on the resolution resulted as follows:
Carried Unanimously
CHARTER AND ORDINANCE COMMITTEE:
* 17.1 An Ordinance Amending Chapter 65 Entitled "Public
Safety ", Section 65.34 Entitled "Consumption of Alcohol Beverages
in Public Places" of the City of Ithaca Municipal Code
By Alderperson Peterson: Seconded by Alderperson Schroeder
co ORDINANCE NO. 91-
AN ORDINANCE AMENDING CHAPTER 65 ENTITLED "PUBLIC SAFETY" OF THE
m CITY OF ITHACA MUNICIPAL CODE
Q BE IT ORDAINED AND ENACTED by the Common Council of the City
of Ithaca, as follows:
Section 65.34 entitled "Consumption of Alcoholic Beverages
in Public Places" is hereby amended to read as follows:
Section 65.34 Consumption of Alcoholic Beverages in Public
Places
A. Legislative intent and purpose.
1. The Common Council finds that the unrestricted
consumption of alcoholic beverages in certain public places often
leads to disorders and related problems as well as the littering
of such public places, development of unsanitary conditions and
is disturbing to the public and threatens peace and good order.
2. The purpose of this Article is to prohibit the
consumption of alcoholic beverages in certain public places in
order to prevent disorderly behavior, development of unsanitary
conditions and the littering of public places; and to protect the
public health, safety and welfare and to promote the public good.
3. The Legislature of the State of New York has determined
that since the New York State drinking age is 21, under age
persons should be held responsible for their conduct and be
prohibited from possessing alcoholic beverages in public. The
consumption of alcoholic beverages in public places by persons
under the legal drinking age is an aggravating factor.
B. Definitions.
For the purpose of this Article, the following terms shall
have the meanings ascribed to them. All other words shall have
the meaning normally ascribed to them in regular usage.
1. Alcoholic beverages shall mean and include alcohol,
spirits, liquor, wine, beer, and every liquid or solid, patented
or not, containing alcohol, spirits, wine or beer and capable of
being consumed by a human being.
2. Container shall mean any bottle, can, glass or other
receptacle suitable for or used to hold any liquid.
15
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336
April 3, 1991
3. Public place shall mean any public highway, pedestrian
mall, street, sidewalk, park, playground, parking area, municipal
parking ramp and the Six Mile Creek Watershed area.
C. Prohibited.
No person shall, within the City of Ithaca, drink or
otherwise consume liquor, wine, beer or other alcoholic beverages
while such person is in or upon any public place as defined
herein.
D. Possession of open containers.
1. No person shall carry or have in his or her possession
within or upon any public place in the City of Ithaca any open
container containing liquor, wine, beer or other alcoholic
beverage with the intent of the possessor or another to consume
the same in any public places defined herein.
E. Presumptions.
1. The possession of an open container unwrapped or with
the top exposed in a public place as herein defined shall be
presumptive evidence that the contents of such open container are
intended to be consumed in a public place as herein defined.
F. Exceptions.
1. The provisions of Section 65.34 shall not apply within
boundaries of Cass Park or Stewart Park, which areas shall be
regulated by the Board of Public Works, nor shall such
prohibition apply to or within the boundaries of Treman Marina.
2. The provisions of Section 65.34 shall not apply to any
activity sponsored by an organization having proper license to
dispense alcoholic beverages in or upon any public place within
the City, said license having been issued by the Alcoholic
Beverage Control Board of Tompkins County and such organization
having obtained permission from the Mayor. This exception shall
apply only to the public place in the City in or upon which the
alcoholic beverages are dispensed.
G. Punishment.
1. The violation of any of the provisions of this Section
shall be punishable by a fine not greater than One Hundred
Dollars ($100.00) 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 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.
2. The violation of any of the provisions of this section
by a person who is under the age of 21 years of age 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;
provided, however, that the violation of any of the provisions of
this section by a person under the age of 21 years who, 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 Two Hundred Dollars ($200.00) and /or not more
than fifteen (15) days in jail, and further provided that the
violation of any of the provisions of this section by a person
under the age of 21 years after having been convicted of a
16
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April 3, 1991
violation of any provision of this chapter two or more times
within the preceding three years shall be punishable by a fine
not to exceed Two Hundred Fifty Dollars ($250.00) and /or not more
than fifteen (15) days in jail.
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. (Published April 9, 1991)
Discussion followed on the floor.
A vote on the ordinance resulted as follows:
Ayes (9) - Booth, Hoffman, Johnson, Daley,
Cummings, Blanchard, Romanowski,
Nay (1) - Golder
Carried
Peterson,
Schroeder
* 17.2 Revocable License for Outdoor Alcohol Service and
Consumption for Simeon's Restaurant
By Alderperson Peterson: Seconded by Alderperson Johnson
WHEREAS, in 1987, 1988, 1989 and 1990 the City of Ithaca issued a
license to Simeon's Restaurant allowing that restaurant to
utilize certain areas along Aurora Street and on the Ithaca
Commons for outdoor dining, and
WHEREAS, this use of public property has generally been deemed
proper and successful, and
WHEREAS, the City of Ithaca wishes to promote diverse uses of the
Ithaca Commons, including outdoor dining, and
WHEREAS, it is Common Council's responsibility to determine
whether or not to allow the serving and consumption of alcohol on
the Ithaca Commons, and
WHEREAS, Common Council has determined that the use of this
public property for outdoor dining at Simeon's Restaurant,
including the responsible sale and consumption of alcohol, is
desirable, and
WHEREAS, Common Council has determined that any use of this or
similar public property involving the sale and consumption of
alcohol should be covered by a minimum of $500,000. insurance
under the Dram Shop Act; now, therefore, be it
RESOLVED, for the year 1991, that Common Council hereby approves
a revocable license agreement for the outdoor sale and
consumption of alcohol between the City and Simeon's Restaurant
that includes the sale of alcohol in accord with the terms and
conditions set forth in the application therefor, including
minimum Dram Shop coverage in the amount of $500,000. and Commons
Advisory Board approval for outdoor dining permits.
Amendinq Resolution
Alderperson Booth moved to amend the resolution to $1 million for
the Dram Shop coverage.
The motion failed for lack of a second.
A vote on the resolution resulted as follows:
Ayes (9) - Peterson, Johnson, Hoffman, Daley, Golder,
Romanowski, Blanchard, Cummings, Schroeder
Nay (1) - Booth
Carried
17
337
April 3, 1991
Prioritization of Future Charter and Ordinance Issues - Report
Alderperson Peterson reported that there is a list of 50 items
for the committee to consider and the committee has prioritized a
dozen items that the committee will try to work on this year.
REPORT OF SPECIAL COMMITTEES AND COUNCIL LIAISONS:
Senior Citizens' Council
Alderperson Golder reported that the Senior Citizens' Council is
having funding problems and may have to reduce staff hours. He
stated they are also looking for funding for a Health Insurance
Counseling program.
Shade Tree Advisory Committee
Alderperson Golder reported Arbor Day activities will be held at
Noon on April 26th on the Commons.
People who want to apply for the citizen pruner program may do so
through Cooperative Extension. There will be a series of three
classes to teach people how to become a citizen pruner.
The City will be planting 1,500 shrubs and approximately 120
trees this Spring. Hudson Street, Route 13 and Hillview Place
will be included in this planting.
There is money available through Small Business Administration
Grants for the planting of trees. This makes it possible for a
small business, like a tree - planting service, to obtain a grant
and do some work for the City.
The Committee walked along the Old Elmira Road area and is
working on possible suggestions for improving that area.
Disability Advisory Council
Alderperson Golder will be meeting with the Disability Advisory
Council on April 4 at 12 Noon in the second floor conference
room. The council is alternating meetings between days and
evenings so all people will be able to attend the meetings.
One project that the Advisory Council is working on is to see if
it is possible to get telecommunications for the deaf installed
in the Police Department and the County Sheriff's Department.
This would enable deaf people to make emergency calls.
The handicapped curb cut at the corner of Seneca and Tioga
Streets is really difficult for people in wheelchairs to
negotiate and the Department of Public Works is going to do some
renovations on that at some point next year.
Pay Equity Committee
Alderperson Peterson reported that letters will be going out next
week to employees with the rankings and an appeal process will be
set up for hearing appeals.
Building Commissioner Hiring Committee
Alderperson Peterson reported that the Building Commissioner
Hiring Committee has had one meeting. June 15th is the deadline
for applications.
NEW BUSINESS:
* 21.1 Central Business District Parking Committee
By Alderperson Peterson: Seconded by Alderperson Johnson
WHEREAS, the City hired Rich and Associates to conduct a study of
the supply and demand for parking in the City's central business
district, and
WHEREAS, that study has indicated that the demand for parking
significantly exceeds current supply, and
E-?
339
April 3, 1991
WHEREAS, the Mayor appointed a Downtown Vision Task Force which
included a committee to study parking in the central business
district, and
WHEREAS, the Downtown Vision Task Force Parking Committee and the
Task Force as a whole concurred that there is a parking deficit
in the central business district, and
(400.1 WHEREAS, the Task Force has made certain recommendations
regarding a parking facility including a preferred site, and
WHEREAS, the Common Council has established a capital project for
conducting feasibility studies relative to a parking structure in
the central business district; now, therefore, be it
RESOLVED, That the Mayor is authorized and directed to appoint a
�. Central Business District Parking Garage Committee the
co composition of which is to be as follows:
�) 2 members from Common Council
1 member from the Department of Public Works
(n 1 member from the Planning and Development Department
Q 3 members at -large
City Controller (ex- officio)
City Attorney (ex- officio)
RESOLVED, That the Committee will undertake such other studies as
may be appropriate for it to make recommendations to Common
Council on any decisions regarding the new parking facility, and
be it further
RESOLVED, That in all further planning of a possible new parking
facility, the Committee will function as the "Client Committee"
subject to the approval of Common Council for any expenditure of
funds.
Discussion followed on the floor.
Motion to Refer to Committee
By Alderperson Peterson: Seconded by Alderperson Johnson
RESOLVED, That the resolution regarding the Central Business
District Parking Committee be referred to the Planning and
Development Committee for review and report back to Council.
Carried Unanimously
New Business
(400e Alderperson Hoffman referred to a letter sent to all members of
Council from William Benson of Floral Avenue. He is trying to
divide 2.7 acres of land into 4 or 5 building lots and there
apparently has been a ruling that there is a wetland on the
property which might interfere with the subdivision.
Alderperson Blanchard stated she has spoken to Mr. Benson and he
will be in touch with her and Alderperson Romanowski to take them
on a tour of the property.
This matter will ultimately go to the Planning Board and they
will be the ones to make a decision on this property.
19
and be it
further
RESOLVED,
That as its initial task, the
Committee will prepare
Requests
for Proposals for architectural
concept studies and cost
estimates
for a parking facility on the
site recommended by the
(tm�
Downtown
Council,
Vision Task Force and, subject to the approval of Common
will issue such requests for proposals, and be it
further
RESOLVED, That the Committee will undertake such other studies as
may be appropriate for it to make recommendations to Common
Council on any decisions regarding the new parking facility, and
be it further
RESOLVED, That in all further planning of a possible new parking
facility, the Committee will function as the "Client Committee"
subject to the approval of Common Council for any expenditure of
funds.
Discussion followed on the floor.
Motion to Refer to Committee
By Alderperson Peterson: Seconded by Alderperson Johnson
RESOLVED, That the resolution regarding the Central Business
District Parking Committee be referred to the Planning and
Development Committee for review and report back to Council.
Carried Unanimously
New Business
(400e Alderperson Hoffman referred to a letter sent to all members of
Council from William Benson of Floral Avenue. He is trying to
divide 2.7 acres of land into 4 or 5 building lots and there
apparently has been a ruling that there is a wetland on the
property which might interfere with the subdivision.
Alderperson Blanchard stated she has spoken to Mr. Benson and he
will be in touch with her and Alderperson Romanowski to take them
on a tour of the property.
This matter will ultimately go to the Planning Board and they
will be the ones to make a decision on this property.
19
40
April 3, 1991
Executive Session
By Alderperson Booth: Seconded by Alderperson Golder
RESOLVED, That the Council adjourn into Executive Session to
discuss a personnel item and a possible real estate item.
Carried Unanimously
The meeting reconvened in Regular Session at 10:50 p.m. There
were no resolutions presented from the Executive Session.
Adjournment
On a motion the meeting adjourned at 10:55 p.m.
Calllsta F. Paolange i
City Clerk
20
Benjamin Nichols
Mayor
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April 3, 1991
MAYOR'S APPOINTMENTS:
Parks Commission
Mayor Nichols requested Council's approval of the following
appointments to the Parks Commission:
One Year Terms
Elizabeth Mulholland, representing Circle Greenway, non -city
resident at present; also "at- large"
Richard Fischer, representing Six Mile Creek Overseer
Committee, non -city resident; environmental education
Denise Rusoff, representing Recreation Committee of Ithaca
Youth Bureau, 209 Hudson Street
Two Year Terms
David Fernandez, nurseryman, landscape designer, owner
Cayuga Landscape Co. Inc., 905 North Tioga Street
Joann Cornish -Epps, landscape designer, parks and playground
designer, presently with Cornerstone Architects, 313 North Tioga
Street
Beverly Baker, "at- large ", 320 South Geneva Street
Three Year Terms
Nina Bassuk, representing Shade Tree Advisory Committee,
horticulturist, non -city resident
Diane Sherman,
general ecology, 206 Hillview Place
Daniel Krall,
landscape architect,
Vice - President, Historic
Ithaca, 612 South Plain
Street.
Resolution
By Alderperson Schroeder:
Seconded by
Alderperson Golder
RESOLVED, That this
Council approves the appointments to the
Parks Commission as
requested by Mayor
Nichols.
Carried Unanimously
Disability Advisory Council
Mayor Nichols requested approval of Council for the appointment
of Larry Roberts, 301 South Geneva Street, to the Disability
Advisory Council for a term to expire June 30, 1991, to replace
Lynn Logan who has resigned.
Resolution
By Alderperson Golder: Seconded by Alderperson Hoffman
RESOLVED, That this Council approves the appointment of Larry
Roberts to the Disability Advisory Council with a term to expire
June 30, 1991.
Carried Unanimously
COMMUNICATIONS•
Mayor Nichols read a letter from Martin A. Luster, Assemblyman
125th District thanking the Mayor for his letter of March 25 and
Council for their resolution of March 6, regarding proposed cuts
in per capita State aid to local governments.
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
Sale of "Pogo Parcel" to Mutual Housing Association
The following persons spoke to Council in favor of the sale of
the- "Pogo- Parcel" to the Mutual Housing Association:
Jeff Gruber, President Mutual Housing Association of
Tompkins County, read a letter of support from the Finger
Lakes Independent Living Center
2
April 3, 1991
COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 7:00 April 3, 1991
PRESENT'
Mayor Nichols
Alderpersons (10) - Booth, Blanchard, Peterson, Johnson, Daley,
Romanowski, Golder, Hoffman, Cummings,
Schroeder
OTHERS PRESENT'
City Clerk - Paolangeli
City Attorney - Guttman
City Controller - Cafferillo
Deputy City Controller - Thayer
co Planning and Development Director - VanCort
Planning and Development Deputy Director - Sieverding
Police Chief - McEwen
Fire Chief - Olmstead
Acting Building Commissioner - Eckstrom
Youth Bureau Director - Cohen
Acting Superintendent of Public Works - Gray
Personnel Administrator - Saul
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 March 6, 1991 Common Council Meeting
By Alderperson Hoffman: Seconded by Alderperson Peterson
RESOLVED, That the Minutes of the March 6, 1991 Common Council
meeting be approved as published.
Carried Unanimously
ADDITIONS TO OR DELETIONS FROM THE AGENDA:
Executive Session
Alderperson Booth and Mayor Nichols requested an Executive
Session at the end of the meeting to discuss a personnel item and
a real estate item.
No Council member objected.
New Business
Alderperson Hoffman requested that a letter from Mr. William
Benson of Floral Avenue regarding a sub - division problem be
discussed under New Business.
No Council member objected.
Planning and Development Committee
Human Services Committee
Alderpersons Hoffman and Johnson requested that the "Reports"
under their committees be deleted in the interest of time.
No Council member objected.
1
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324
April 3, 1991
REPORT OF CITY CLERK:
Designation of Polling Places for 1991
By Alderperson Daley: Seconded by Alderperson Johnson
RESOLVED, That the following locations be designated as polling
places for the City of Ithaca for the year 1991:
First Ward
Second Ward
1st District
2nd District
3rd District
4th District
Chestnut Street
800 S. Plain St.
626 W. State St.
300 W. Court St
5th District Chestnut St.
1st District
2nd District
3rd District
4th District
5th District
Third Ward 1st District
2nd District
3rd District
300 W. Court St.
310 W. Green St.
520 Hudson St.
310 W. Green St.
300 W. Court St.
Cornell Campus
Central Avenue
Cornell Street
Cornell Street
Alternative
Community School
Titus Towers
Housing
Bangs Ambulance
Service
G.I.A.C. Building
Alternative
Community School
G.I.A.C. Building
Central Fire Sta.
South Hill School
Central Fire Sta.
G.I.A.C. Building
Willard Straight
Hall
Belle Sherman Annex
Belle Sherman Annex
Fourth Ward 1st District 635 Stewart Ave. Noyes Center
2nd District 402 E. State St. Challenge Industries
3rd District 309 College Ave. #9 Fire Station
Fifth Ward 1st District 1012 N. Tioga St. #7 Fire Station
2nd District Corner King & Fall Creek School
Aurora Streets
3rd District 309 Highland Rd. 1st Congregational
Church
4th District Corner King & Fall Creek School
Aurora Streets
Carried Unanimously
Alderperson Romanowski noted that Bang's Ambulance Service is
allowing the City to use their building as a polling place this
year and he thanked Mr. Bangs for the gesture.
CITY CONTROLLER'S REPORT:
Permanent Financing
City Controller Cafferillo explained his discussion with Moody's
Investment Services regarding the City's financial condition. He
stated that Moody's Investment Services, after a number of
meetings, were willing to uphold the City's AA rating, which will
help the bids that we will take for our permanent financing on
April 4.
CITY ATTORNEY'S REPORT:
Fire Station #66
City Attorney Guttman reported that on April 1, the City sold
Fire Station #6 at 626 West State Street to Bang's Ambulance,
Inc. The purchase price was $225,666.00; the closing costs to
the City were $83.00 so the net proceeds were $225,583.00. We
have received those funds and they have been turned over to the
Controller's Office.
4
323
April 3, 1991
Robert Balder, Executive Director Mutual Housing Association
of Tompkins County
Bryan Isacks, Northside /Cascadilla Creek Civic Association
RESPONSE TO THE PUBLIC:
Sale of "Pogo Parcel" to the Mutual Housinq Association
Alderperson Romanowski responded to the persons who had spoken
(11� and called him regarding the issue of the sale of the "Pogo
Parcel" to the Mutual Housing Association of Tompkins County.
REPORT OF BOARD OF REPRESENTATIVES:
Mr. Eric Lerner, 1st Ward Representative to the County Board
reported on the following issues:
Dryden Landfill Site - The County has received reports from the
consultants on how the County can re- configure the DR -7 landfill
site so as to avoid putting the landfill directly on the
federally delineated wetlands that the County is finding there.
M Although there are several concerns regarding this site to start
looking for a new site would mean spending several million
(� dollars of taxpayers money to start all over again, with some
Q risks that we end up with another site that is just as bad, or
worse.
Closing of the Hillview Road Landfill - The County is looking
toward closing the Hillview Road Landfill, which is also known as
the Landstrom Landfill. The County has received consultants
reports on new drillings and new information about how much
seepage into the soil there has been and how much environmental
contamination we are already dealing with. There will be a tour
(moo", of the Hillview Road Landfill on April 11 if Council members
would like to participate.
County's Personnel Reclassification Project - The basic concept
of the project is that the County is re -doing the entire
personnel classification system to eliminate any hidden race or
sex bias in the system. The project will be completed soon.
Old Jail Building - The County is finishing the design phases of
the renovation of the old jail building on Court Street. The
building will probably be office space for the County Planning
Department and other County offices.
Mr. Lerner answered questions from Council members.
REPORT OF CITY BOARDS, COMMISSIONS AND COMMITTEES:
Board of Public Works
Commissioner Reeves reported to the Council on the following
matters:
Spring Street Cleaning - The Spring cleaning of City streets
started on April 1st. Due to budget cuts City crews will not be
hand - raking and cleaning between the sidewalk and the curb as in
previous years. If homeowners wish to rake their lawn between
the sidewalk and curb, the debris may be raked into the gutter
prior to the City crew cleaning the street. All streets to be
worked on will be posted with "No Parking" signs 24 hours in
advance of starting the work. Any vehicles parked after the 24-
hour posting will be tagged and towed at the owners expense. Any
debris placed in the gutter after the work crews have cleaned the
posted streets will be cleaned up at the property owners expense.
Commissioner Reeves answered questions from Council members
regarding phosphates being added to the water supply, repaving of
East State Street where the street was dug up, Golf Course fees,
and stapling of signs to trees.
3
ct ,
April 3, 1991
WHEREAS, the City is the owner of a vacant parcel of land with
dimensions 264 feet x 324.9 feet x 269.2 feet x 330 feet, being
the premises conveyed to the City of Ithaca by Francis J.
Paolangeli by deed dated May 10, 1990 and recorded in the
Tompkins County Clerk's office on May 10, 1990 in Liber 654 of
Deeds at page 254, hereinafter referred to as the "Pogo Parcel ";
and
WHEREAS, while the City has expressed its intent to commit the
easterly one -third of this parcel for park purposes, the westerly
two - thirds of the parcel are available to be developed for
affordable housing. The City has accepted the recommendation of
the Northside Land Use Committee to devote approximately two -
thirds of the Pogo Parcel to housing with a strong preference for
the encouragement of affordable housing; and
WHEREAS, on February 6, 1991 the City of Ithaca has passed
guidelines for the development of the Pogo Parcel including that
the parcel shall be developed to provide long -term or permanent
affordability for housing of good quality with as many units as
possible offered at below market rate; and
WHEREAS, Mutual Housing Association of Tompkins County, Inc.
( MHATC), a not - for - profit corporation, is organized and
structured so that it is capable of developing the parcel so as
to provide long -term affordable housing; and
WHEREAS, MHATC has submitted a proposal to the City of Ithaca to
develop the westerly two - thirds of the Pogo Parcel by
constructing fourteen duplexes which will be dedicated for long-
term affordable housing. The project is a two -phase project, the
first phase being the development of the westerly one -third of
the parcel and the second phase being the development of the
middle one -third of the Pogo Parcel; and
WHEREAS, in determining the market value of the westerly two -
thirds of the Pogo Parcel the City of Ithaca has considered,
among other factors, the original purchase price by the City of
the entire Pogo Parcel ($297,000), the intended dedication of the
easterly one -third of the Pogo Parcel for park purposes, the
imposition of the above - mentioned development guidelines, the
current real estate market, and, with respect to the middle one -
third of the Pogo Parcel the necessity of the owner having to
develop a road or alley between the parcel and the intended park;
and
WHEREAS, MHATC is prepared to apply to various public and private
organizations for financial subsidies of its affordable housing
project; and
WHEREAS, MHATC is applying for a NYS Infrastructure grant in the
amount of $70,000 and a grant or a loan in the amount of $180,000
from the Neighborhood Reinvestment Corporation and is also
applying to the Federal Home Loan Bank for a grant in the amount
of approximately $231,000 and a loan from the Federal Home Loan
Bank to a lending institution in the amount of approximately
$190,000 at an interest rate of one percent, which amount would
then be loaned to MHATC at an interest rate of three percent; and
WHEREAS, the rate at which the City of Ithaca borrows money is
currently below seven percent; and
- -WHEREAS, -there are approximately $392,000 of CDBG funds
available which could be used for this project; and
G
3 � 0
April 3, 1991
Cerafici Suit
City Attorney Guttman reported that Thomas Cerafici is suing the
City of Ithaca and the City School District through the Federal
District Court in Nevada for $745,000.00. The suit is regarding
a tax lien that he purchased in 1984, which was redeemed just
before the expiration of the three year redemption period. The
case is being handled through the City Attorney's Office and the
City has made a motion in Federal Court to dismiss for lack of
personal jurisdiction.
PLANNING AND DEVELOPMENT COMMITTEE:
* 16.6 Revised Environmental Assessment for Sale of Portion of
"Pogo Parcel" for Mutual Housing
By Alderperson Hoffman: Seconded by Alderperson Schroeder
WHEREAS, it is proposed that a portion of the block known as the
'Pogo Parcel' owned by the City and bounded by First, Franklin,
(� and Adams Streets and Lake Avenue, be sold to the Tompkins County
Co Mutual Housing Association for the purpose of development of
M affordable housing, and
WHEREAS, appropriate environmental review has been conducted
CO including the preparation of the Short Environmental Assessment
Q Form (SEAF) and the Long Environmental Assessment Form (LEAF),
and
WHEREAS, it appears that the proposed action is an "unlisted"
action unde- the State Environmental Quality Review Act (SEQR),
including the Part 617 regulations thereunder, and is an
"unlisted" action under the City Environmental Quality Review Act
(EQR Section 36.5 (E)), and
(woo., WHEREAS, it appears that the proposed action will not have a
significant effect on the environment; now, therefore, be it
RESOLVED, that this Common Council, as lead agency in this
matter, hereby does adopt as its own the findings and conclusions
more fully set forth on the Short Environmental Assessment Form
and the Long Environmental Assessment Form dated March 11, 1991
and be it further
RESOLVED, that this Common Council as lead agency, hereby does
determine that the proposed action at issue will not have a
significant effect on the environment, and that further
environmental review is unnecessary under the circumstances, and
be it further
RESOLVED, that this resolution shall constitute notice of this
negative declaration and the City Clerk be and she is hereby
directed to file a copy of the same, together with the
attachment, in the City Clerk's Office and forward the same to
any other parties as required by law.
Ayes (9) - Romanowski, Hoffman, Golder, Johnson, Daley,
Peterson, Blanchard, Cummings, Schroeder
Nay (1) - Booth
Carried
INTERGOVERNMENTAL RELATIONS COMMITTEE:
* 18.2 Sale of "Pogo Parcel" to Mutual Housing Association
By Alderperson Booth: Seconded by Alderperson Schroeder
WHEREAS, the City of Ithaca is committed to helping to provide
affordable housing; and
5
12 ,
April 3, 1991
based on its organizational documents that MHATC is organized and
structured so that it is capable of providing and shall provide
long -term affordable housing on the site serving appropriate
sectors of the community and that the necessary funding is
available for MHATC to successfully complete the project. The
property shall not be conveyed until MHATC is ready, willing and
able to commence construction. If by August 1, 1991, MHATC has
not, in the City's sole discretion, arranged all necessary
financing, or if by December 1, 1991, MHATC is not ready, willing
and able to substantially commence construction, and, in the
City's sole discretion, capable of completing the entire first
phase of the project (the development of seven duplexes and their
dedication to long -term affordable housing in conformance with
the Pogo Parcel development guidelines), and likely to be able to
complete the entire second phase of the project (the development
of the additional seven duplexes on the middle one -third of the
Pogo Parcel and their dedication to long -term affordable housing
in compliance with the Pogo Parcel development guidelines), the
City may cancel this contract.
6. The City would further grant to MHATC an option to
acquire the middle one -third of the Pogo Parcel as shown on the
attached sketch. The option shall be a period of 18 months
running from the date of transfer of the westerly one third of
the parcel. MHATC shall pay to the City the sum of seven hundred
fifty dollars for this option which sum would be applied to the
purchase price if MHATC exercised the option. MHATC would have
the right to apply to the City to extend this option on the same
terms for an additional 18 months upon showing to the City that
by the end of this second 18 -month period they expect to be able
to substantially commence construction of the second phase of the
project and within one year thereafter complete construction of
the second phase. The purchase price for the option parcel shall
be the sum of $60,000. MHATC shall be entitled to exercise this
option only if it can show, at the City's sole discretion, that
it is ready, willing and able to successfully complete the second
phase of the project. MHATC shall affirmatively agree to take
all appropriate steps to apply for necessary funding to complete
phase two of the project and if such funding is available, shall
take all necessary steps to complete development of phase two of
the project.
7. Until construction of phase two of the project is
successfully completed or the above - mentioned option is
terminated, MHATC shall be required to reserve any surplus funds
from phase one to be applied by MHATC to the development of phase
two of the project; and be it further
RESOLVED, that the Mayor is hereby directed to take all
appropriate steps to reprogram the necessary CDBG funds for their
use on this project.
Alderperson Booth explained the project. Alderperson Hoffman
explained, in detail, his reasons for supporting this project.
Discussion followed on the floor.
Amending Resolution
By Alderperson Cummings: Seconded by Alderperson Romanowski
RESOLVED, That the third Whereas Clause shall read as follows:
"WHEREAS, while the City has expressed its intent, contingent
upon receipt of EQBA funding, to- commit the easterly one -third of
this parcel ... etc."
Extensive discussion followed on the floor.
M
Pl-
�3 A'7
April 3, 1991
WHEREAS, a review of the projected finances of the MHATC proposal
demonstrates that if MHATC is to construct the projected housing
on the site and provided it at affordable housing rates, MHATC
will not be able to maintain a positive cash flow without paying
the City for the value of the land over time at below market
interest rates; and
WHEREAS, while H. Matthys Van Cort is the Director of Planning
and Development for the City and is a member of the Board of
Directors of MHATC, he has had no part in the negotiation or
decision - making process in this matter; and
WHEREAS, this Council has made it clear to MHATC that this action
by the City is not indicative nor in any way guarantees any
further approvals by the City or any of its Boards; and
WHEREAS, MHATC, in order to pursue funding for this project needs
to show site control over the westerly one -third of the site;
now, therefore, be it
RESOLVED, That the City of Ithaca hereby determines, considering
(� the factors previously mentioned, that the full value of the
C[ westerly one -third of the Pogo Parcel, as more particularly shown
on the attached sketch, is $90,000 (sketch is attached to Minute
Book); and be it further
RESOLVED, that the City of Ithaca hereby determines, considering
the factors previously mentioned, that the full value of the
middle one -third of the Pogo Parcel, as more particularly shown
on the attached sketch, is $60,000; and be it further
RESOLVED, that the City of Ithaca hereby determines that MHATC is
the preferred entity to develop the westerly two - thirds of the
Pogo Parcel for long term affordable housing; and be it further
RESOLVED, that the City Attorney is hereby directed to negotiate
a contract with MHATC on the following terms:
1. The City of Ithaca shall convey to MHATC the westerly
one -third of the Pogo parcel for the purchase price of $90,000.
2. $90,000 shall be paid by MHATC to the City of Ithaca by
MHATC executing and delivering to the City a purchase money bond
and mortgage in the amount of $90,000 payable as follows:
interest only on a monthly basis at three percent for a period of
twelve years and then the $90,000 balance amortized over the
following twelve years with an interest rate of seven percent and
monthly payments. The bond and mortgage may be subordinated to a
construction loan or other permanent financing mortgage for the
development of seven duplexes on the site, the construction loan
or other permanent mortgage not to exceed $220,000 so that the
mortgage to the City will not be subordinated to more than
$220,000 of other debt.
3. The City of Ithaca shall convey the property by bargain
and sale deed. The property shall be conveyed in its "as is"
(400-.1 condition. The property conveyed shall be that described on the
attached sketch.
4. The deed shall contain restrictive covenants including
the Pogo Parcel development guidelines or other language
accomplishing those purposes and shall contain a provision
granting to the City a right of first refusal to reacquire the
premises in -the event that MHATC intends to sell or otherwise
convey the premises.
5. The contract shall be contingent upon MHATC providing
appropriate assurances and documentation to the City of Ithaca so
that the City of Ithaca determines, in its sole discretion, that
7
April 3, 1991
BUDGET AND ADMINISTRATION COMMITTEE:
* 14.1 Fire Department Request for Employee Incentive Award
By Alderperson Booth: Seconded by Alderperson Johnson
WHEREAS, the Fire Chief has recommended Administrative Secretary
Christine Brill for an Employee Incentive Award pursuant to the
policy and procedures established by the Budget and
Administration Committee, and
WHEREAS, the Fire Chief has provided the Budget and
Administration Committee with substantial justification for
granting this Employee Incentive Award, and
WHEREAS, the Fire Chief's recommendation complies with the policy
and procedures established by the Budget and Administration
Committee; now, therefore, be it
RESOLVED, That Christine Brill's salary be increased by eight
(8 %) percent to an annual salary of $29,745 effective March 14,
1991.
Ayes (8) - Booth, Johnson, Blanchard, Hoffman, Daley,
Peterson, Schroeder, Romanowski
Nay (1) - Golder
Carried
Alderperson Cummings out of room at time of vote.
* 14.2 Youth Bureau Employee Incentive Award
By Alderperson Booth: Seconded by Alderperson Schroeder
WHEREAS, the Youth Bureau Director has recommended Assistant
Activities Center Coordinator Linda Sterk for an Employee
Incentive Award pursuant to the terms of the CSEA Administrative
Unit contract, and
WHEREAS, the Youth Bureau Director has provided the Budget and
Administration Committee with substantial justification for
granting this Employee Incentive Award, and
WHEREAS, the Youth Bureau Director's recommendation complies with
the procedure and guidelines outlined in the CSEA Administrative
Unit Contract; now, therefore, be it
RESOLVED, That Linda Sterk's salary be increased eight (8 %)
percent to an annual salary of $23,190 effective February 20,
1991.
Ayes (7) - Johnson, Romanowski, Daley, Blanchard, Peterson,
Hoffman, Schroeder
Nays (2) - Booth, Golder
Carried
Alderperson Cummings out of room at time of vote.
Alderperson Golder stated, for the record, that the reason for
his opposition to incentive awards is, in his opinion, the
unfairness of merit pay, and he does not think the City should be
involved in deciding the salary of people on a case -by -case
basis.
* 14.3 Fire Department Standardization of Motorola Radio
Equipment
By Alderperson Booth: Seconded by Alderperson Johnson
WHEREAS, this Common Council has been requested by the Board of
Fire Commissioner to standardize on Motorola radio equipment to
be used by the City of Ithaca Fire Department, and to authorize
the City to purchase approved equipment from the manufacturer, or
a representative thereof, and
10
April 3, 1991
Alderperson Cummings stressed that this amendment does not
preclude the creation of a park. She said that what this
amendment does is take away the binding nature of a commitment to
a park if'we don't get the money.
Further discussion followed on the floor with City Attorney
Guttman answering questions from Council members.
A vote on the amendment resulted as follows:
Ayes (7) - Booth, Johnson, Cummings, Golder, Blanchard,
Romanowski, Schroeder
Nays (3) - Peterson, Daley, Hoffman
Carried
Alderperson Booth suggested that the words "or alley" in the last
(�- line of the seventh Whereas Clause be deleted.
No Council member objected.
Alderperson Hoffman suggested that in the final Resolved, Item 5,
third line, the words "City of Ithaca" be stricken and the words
'Q "Common Council" be inserted.
No Council member objected.
Amending Resolution
By Alderperson Johnson: Seconded by Alderperson Cummings
RESOLVED, That there be a new Resolved Clause added before the
last Resolved Clause to read as follows:
"RESOLVED, That the money from the re- payment of this loan or
payment of a mortgage to the City be placed in a designated
Ithaca Housing Trust Fund to continue the City's commitment to
affordable housing for low and moderate income residents."
Discussion followed on the floor on the amendment. After
comments from City Controller Cafferillo and City Attorney
Guttman, Alderperson Johnson withdrew his amendment with the
possibility that it may be re- introduced and referred to a
committee at a later date.
Main Motion as Amended
A Roll Call vote on the foregoing resolution, as amended,
resulted as follows:
9
Cummings
- Aye
Johnson -
Aye
Golder
- Aye
Hoffman -
Aye
Booth
- Aye
Schroeder -
Aye
Peterson
- Aye
Blanchard -
Nay
Romanowski
- Aye
Daley -
Aye
Ayes (9)
Nay (1)
Carried
(400.1
Recess
Common Council
recessed at
8:45 p.m. and reconvened in regular
session at 9:05
p.m.
Alderperson Cummings left
the meeting at 8:45
p.m.
9
�-)
April 3, 1991
6. All members of the Ithaca Fire Department are trained
exclusively in the proper use and operation of MSA Self Contained
Breathing Apparatus;
now, therefore, be it
RESOLVED, That pursuant to Section
General Municipal Law of the State
Council hereby authorizes the stan
Contained Breathing Ap[paratus and
equipment to be used and purchased
Department during the year 1991.
103, Subdivision 5 of the
of New York this Common
3ardization of MSA Self
Equipment as the type of
by the City of Ithaca Fire
Carried (9 -0)
Alderperson Cummings out of room at time of vote.
* 14.5 Department of Public Works /Cornell Work Study Program
By Alderperson Booth: Seconded by Alderperson Peterson
WHEREAS, the Department of Public Works has budgeted $4600. for
seasonal part time personnel, and
WHEREAS, the Department of Public Works has benefited by
participation in the work study and Summer Job Network programs
at Cornell University over the past several years, and
WHEREAS, 60% of work study wages paid by the City are reimbursed
by Cornell University; now, therefore, be it
RESOLVED, That the Acting Superintendent of Public Works be
authorized to sign work study contracts in an amount not to
exceed $4600. for the 1990 -1991 academic year.
Carried (9 -0)
Alderperson Cummings out of room at time of vote.
* 14.6 Department of Public Works Approval of Elmira Road
Sidewalks, Project Design
By Alderperson Booth: Seconded by Alderperson Golder
WHEREAS, Common Council has established a Capital Project for
$250,000. for the installation of sidewalks on Elmira Road, and
WHEREAS, the Board of Public Works would like more information
about the feasibility and the design implications of such a
project; now, therefore, be it
RESOLVED, That the Board of Public Works recommends to the Common
Council the approval of a contract with Peter S. Weed for a
feasibility study and schematic design for Elmira Road sidewalks
as proposed in his letter of January 15, 1991 for a sum not to
exceed $4,000., and be it further
RESOLVED, That $4,000. be transferred from Account A1990
Unrestricted Contingency to Capital Project #237 Elmira Road
sidewalks, to finance this study, subject to reimbursement when
the applicable benefit assessment district is established.
Extensive discussion followed on the floor with the pros and cons
of the need for sidewalks in this area.
A vote on the resolution resulted as follows:
Ayes (7) - Booth, Johnson, Daley, Golder, Schroeder,
Peterson, Hoffman
Nays (2) - Blanchard, Romanowski
Carried
Alderperson Cummings out of room at time of vote.
12
331
April 3, 1991
WHEREAS, it is deemed to be in the best interest of the City for
reasons of efficiency, compatibility and economics to approve
such standardization, as more fully spelled out in the following
items:
1. The City of Ithaca Fire Department presently has all Motorola
radio equipment.
(aw", 2. The Tompkins County Emergency Control Center presently has
all Motorola console and communication equipment.
3. This action will minimize the inventory of repair parts which
would have to be maintained for the service of said radio
equipment.
4. Labor costs for maintenance and service of a standard type of
equipment will be less than are required to service different
Co types of radio equipment.
M 5. Present Motorola radio equipment has been satisfactory for
the uses of the Ithaca Fire Department.
6. Standardization provides the need for only one service
contract for its entire radio system, whereas additional
contractual agreements would be required for other types of
equipment; now, therefore, be it
RESOLVED, That pursuant to Section 103, Subdivision 5 of the
General Municipal Law of the State of New York this Common
Council hereby authorizes the standardization of Motorola radio
equipment as the type of equipment to be used and purchased by
the City of Ithaca Fire Department during the year 1991.
Carried (9 -0)
Alderperson Cummings out of room at time of vote.
* 14.4 Fire Department Standardization of MSA Self Contained
Breathinq Apparatus and Equipment
By Alderperson Booth: Seconded by Alderperson Johnson
WHEREAS, this Common Council has been requested by the Board of
Fire Commissioner to standardize on MSA Self Contained Breathing
Apparatus and Equipment to be used by the City of Ithaca Fire
Department, and to authorize the City to purchase approved
equipment from the manufacturer, or a representative thereof, and
WHEREAS, it is deemed to be in the best interest of the City for
reasons of efficiency, compatibility and economics to approve
such standardization, as more fully spelled out in the following
items:
1. The City of Ithaca Fire Department presently has all MSA Self
Contained Breathing Apparatus and equipment.
2. The City of Ithaca Fire Department is an authorized repair
facility for MSA Self Contained Breathing Apparatus.
3. This action will minimize the inventory of repair parts which
would have to be maintained for the service of said breathing
apparatus.
4. Labor costs for maintenance and service of a standard type of
equipment will be less than are required to service different
types of breathing apparatus.
5. Present MSA Breathing Apparatus has been satisfactory for the
uses of the Ithaca Fire Department.
11
* 14. 10 Audit
By Alderperson
RESOLVED, That
#6/1991 in the
payment.
April 3, 1991
Booth: Seconded by Alderperson Romanowski
the bills presented, as listed on Audit Abstract
total amount of $17,276.09 be approved for
Carried (9 -0)
Alderperson Cummings out of room at time of vote.
HUMAN SERVICES COMMITTEE:
* 15.1 Cable Commission
By Alderperson Johnson: Seconded by Alderperson Hoffman
WHEREAS, American Community Cablevision has discontinued the
weather channel from its basic service and replaced it with the
marketplace telemarketing channel, and
WHEREAS, ACC, the Cable Commission and the City of Ithaca have
received numerous complaints from subscribers about the removal
of the weather channel and its replacement with the marketing
channel, and
WHEREAS, the basic service subscribers depended on the
information provided by the weather channel; now, therefore, be
it
RESOLVED, That the Common Council protests the diminution of
programming serving the public interest and requests that ACC
restore the weather channel to its basic service.
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.
Community Police Board - Report
Alderperson Johnson reported that the Community Police Board has
reviewed and updated some parts of the Grievance procedure and
there will be a resolution forthcoming to the Council.
Youth Bureau - Program Review - Report
Alderperson Johnson reported that the Youth Bureau is going
through a procedure to evaluate their whole staffing plan. There
will be more information at future Human Services Committee
meetings.
PLANNING AND DEVELOPMENT COMMITTEE:
* 16.7 Environmental Impact Analysis /Northside Development
By Alderperson Hoffman: Seconded by Alderperson Booth
WHEREAS, extensive study and participatory planning activity over
the past two years, including the preparation of the Northside
Design Study, has identified opportunities and helped provide
direction to stabilization and enhancement of an important part
of the City, and
WHEREAS, several proposals for projects discussed in the Study -
'Pogo Parcel' housing and park, Sciencenter, DPW consolidation,
and Senior Citizens' Center - are currently being actively
pursued, and
WHEREAS, the City is the primary agency responsible for planning
and decision making on these projects at this point, and
WHEREAS, it is important to coordinate environmental review of
related projects such as these, especially concerning the traffic
and utilities impacts of capital facility and land use
development; now, therefore, be it
14
t/33
April 3, 1991
* 14.7 Finance Department /Chamberlain Request Correction to the
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 Gus Lambrou, and
WHEREAS, the investigation revealed an erroneous inventory of
improvements resulted in over assessment of 405 -407 Eddy Street,
and
WHEREAS, the Director of Assessment recommends that the taxable
value of this property be changed from $786,300. to $481,300.;
now, therefore, be it
RESOLVED, That the 1991 Tax Roll for the City of Ithaca be
(o amended to reduce the assessment of Tax Map number 63 -6 -26, and
M 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
Q tax bill for this property.
Ayes (8) - Booth, Romanowski, Blanchard, Johnson, Golder,
Schroeder, Peterson, Hoffman
Nay (1) - Daley
Carried
Alderperson Cummings out of room at time of vote.
* 14.8 Police Department - Transfer of Funds
By Alderperson Booth: Seconded by Alderperson Schroeder
RESOLVED, That the 1991 Budget of the Police Department be
amended by $545., to be transferred from Account A690 -8 Police
Asset Seizure Account to Account A3120 -425, for the acquisition
of various investigative supplies.
Carried (9 -0)
Alderperson Cummings out of room at time of vote.
* 14.9 Finance Department /Controller Request to Siqn Contract
for Technical Assistance Study
By Alderperson Booth: Seconded by Alderperson Golder
WHEREAS, the City has awarded $3,474 in grant funds through the
New York State Energy Office to assist localities in funding a
Technical Assistance Study for energy conservation improvements
to City buildings; now, therefore, be it
RESOLVED, That the Mayor be authorized to sign a contract for
services with the EME Group to perform a Technical Assistance
Study, and be it further
RESOLVED, That an amount not to exceed $6,600. be provided from
the Capital Reserve #24 to provide Technical Assistance Studies
Qe regarding energy conservation improvements for the Greater Ithaca
Activities Center building, the Southside Community Center
building, the Cass Park Facility building, and the Cass Park
Compressor building.
Carried (9 -0)
Alderperson Cummings out of room at time of vote.
13
'13(►
April 3, 1991
3. Public place shall mean any public highway, pedestrian
mall, street, sidewalk, park, playground, parking area, municipal
parking ramp and the Six Mile Creek Watershed area.
C. Prohibited.
No person shall, within the City of Ithaca, drink or
otherwise consume liquor, wine, beer or other alcoholic beverages
while such person is in or upon any public place as defined
herein.
D. Possession of open containers.
1. No person shall carry or have in his or her possession
within or upon any public place in the City of Ithaca any open
container containing liquor, wine, beer or other alcoholic
beverage with the intent of the possessor or another to consume
the same in any public places defined herein.
E. Presumptions.
1. The possession of an open container unwrapped or with
the top exposed in a public place as herein defined shall be
presumptive evidence that the contents of such open container are
intended to be consumed in a public place as herein defined.
F. Exceptions.
1. The provisions of Section 65.34 shall not apply within
boundaries of Cass Park or Stewart Park, which areas shall be
regulated by the Board of Public Works, nor shall such
prohibition apply to or within the boundaries of Treman Marina.
2. The provisions of Section 65.34 shall not apply to any
activity sponsored by an organization having proper license to
dispense alcoholic beverages in or upon any public place within
the City, said license having been issued by the Alcoholic
Beverage Control Board of Tompkins County and such organization
having obtained permission from the Mayor. This exception shall
apply only to the public place in the City in or upon which the
alcoholic beverages are dispensed.
G. Punishment.
1. The violation of any of the provisions of this Section
shall be punishable by a fine not greater than One Hundred
Dollars ($100.00) 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 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.
2. The violation of any of the provisions of this section
by a person who is under the age of 21 years of age 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;
provided, however, that the violation of any of the provisions of
this section by a person under the age of 21 years who, 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 Two Hundred Dollars ($200.00) and /or not more
than fifteen (15) days in jail, and further provided that the
violation of any of the provisions of this section by a person
under the age of 21 years after having been convicted of a
MR
J
April 3, 1991
RESOLVED, That this Common Council requests the Director of
Planning and Development to have a long EAF prepared for the
several projects as a whole, for review and action by Common
Council.
Discussion followed on the floor with Planning and Development
Director VanCort answering questions from Council members.
Alderperson Cummings returned to the meeting at 9:40 p.m.
A vote on the resolution resulted as follows: Carried Unanimously
CHARTER AND ORDINANCE COMMITTEE:
* 17.1 An Ordinance Amendinq Chapter 65 Entitled "Public
Safety ". Section 65.34 Entitled "Consumption of Alcohol Beverages
in Public Places" of the City of Ithaca Municipal Code
By Alderperson Peterson: Seconded by Alderperson Schroeder
co ORDINANCE NO. 91-
AN ORDINANCE AMENDING CHAPTER 65 ENTITLED "PUBLIC SAFETY" OF THE
m CITY OF ITHACA MUNICIPAL CODE
BE IT ORDAINED AND ENACTED by the Common Council of the City
of Ithaca, as follows:
Section 65.34 entitled "Consumption of Alcoholic Beverages
in Public Places" is hereby amended to read as follows:
Section 65.34 Consumption of Alcoholic Beverages in Public
Places
A. Legislative intent and purpose.
1. The Common Council finds that the unrestricted
consumption of alcoholic beverages in certain public places often
leads to disorders and related problems as well as the littering
of such public places, development of unsanitary conditions and
is disturbing to the public and threatens peace and good order.
2. The purpose of this Article is to prohibit the
consumption of alcoholic beverages in certain public places in
order to prevent disorderly behavior, development of unsanitary
conditions and the littering of public places; and to protect the
public health, safety and welfare and to promote the public good.
3. The Legislature of the State of New York has determined
that since the New York State drinking age is 21, under age
persons should be held responsible for their conduct and be
prohibited from possessing alcoholic beverages in public. The
consumption of alcoholic beverages in public places by persons
under the legal drinking age is an aggravating factor.
B. Definitions.
For the purpose of this Article, the following terms shall
have the meanings ascribed to them. All other words shall have
the meaning normally ascribed to them in regular usage.
1. Alcoholic beverages shall mean and include alcohol,
spirits, liquor, wine, beer, and every liquid or solid, patented
or not, containing alcohol, spirits, wine or beer and capable of
being consumed by a human being.
2. Container shall mean any bottle, can, glass or other
receptacle suitable for or used to hold any liquid.
15
335
A
April 3, 1991
Prioritization of Future Charter and Ordinance Issues - Report
Alderperson Peterson reported that there is a list of 50 items
for the committee to consider and the committee has prioritized a
dozen items that the committee will try to work on this year.
REPORT OF SPECIAL COMMITTEES AND COUNCIL LIAISONS:
Senior Citizens' Council
Alderperson Golder reported that the Senior Citizens' Council is
having funding problems and may have to reduce staff hours. He
stated they are also looking for funding for a Health Insurance
Counseling program.
Shade Tree Advisory Committee
Alderperson Golder reported Arbor Day activities will be held at
Noon on April 26th on the Commons.
People who want to apply for the citizen pruner program may do so
through Cooperative Extension. There will be a series of three
classes to teach people how to become a citizen pruner.
The City will be planting 1,500 shrubs and approximately 120
trees this Spring. Hudson Street, Route 13 and Hillview Place
will be included in this planting.
There is money available through Small Business Administration
Grants for the planting of trees. This makes it possible for a
small business, like a tree - planting service, to obtain a grant
and do some work for the City.
The Committee walked along the Old Elmira Road area and is
working on possible suggestions for improving that area.
Disability Advisory y Cou ncil
Alderperson Golder will be meeting with the Disability Advisory
Council on April 4 at 12 Noon in the second floor conference
room. The council is alternating meetings between days and
evenings so all people will be able to attend the meetings.
One project that the Advisory Council is working on is to see if
it is possible to get telecommunications for the deaf installed
in the Police Department and the County Sheriff's Department.
This would enable deaf people to make emergency calls.
The handicapped curb cut at the corner of Seneca and Tioga
Streets is really difficult for people in wheelchairs to
negotiate and the Department of Public Works is going to do some
renovations on that at some point next year.
Pay Equity Committee
Alderperson Peterson reported that letters will be going out next
week to employees with the rankings and an appeal process will be
set up for hearing appeals.
Building Commissioner Hiring Committee
Alderperson Peterson reported that the Building Commissioner
Hiring Committee has had one meeting. June 15th is the deadline
for applications.
NEW BUSINESS:
* 21.1 Central Business District Parking Committee
By Alderperson Peterson: Seconded by Alderperson Johnson
WHEREAS, the City hired Rich and Associates to conduct a study of
the supply and demand for parking in the City's central business
district, and
WHEREAS, that study has indicated that the demand for parking
significantly exceeds current supply, and
M
t 3 7
April 3, 1991
violation of any provision of this chapter two or more times
within the preceding three years shall be punishable by a fine
not to exceed Two Hundred Fifty Dollars ($250.00) and /or not more
than fifteen (15) days in jail.
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. (Published April 9, 1991)
Discussion followed on the floor.
A vote on the ordinance resulted as follows:
Ayes (9) - Booth, Hoffman, Johnson, Daley, Peterson,
Cummings, Blanchard, Romanowski, Schroeder
Nay (1) - Golder
Carried
M * 17.2 Revocable License for Outdoor Alcohol Service and
Consumption for Simeon's Restaurant
By Alderperson Peterson: Seconded by Alderperson Johnson
WHEREAS, in 1987, 1988, 1989 and 1990 the City of Ithaca issued a
Q license to Simeon's Restaurant allowing that restaurant to
utilize certain areas along Aurora Street and on the Ithaca
Commons for outdoor dining, and
WHEREAS, this use of public property has generally been deemed
proper and successful, and
WHEREAS, the City of Ithaca wishes to promote diverse uses of the
Ithaca Commons, including outdoor dining, and
N40011 WHEREAS, it is Common Council's responsibility to determine
whether or not to allow the serving and consumption of alcohol on
the Ithaca Commons, and
WHEREAS, Common Council has determined that the use of this
public property for outdoor dining at Simeon's Restaurant,
including the responsible sale and consumption of alcohol, is
desirable, and
WHEREAS, Common Council has determined that any use of this or
similar public property involving the sale and consumption of
alcohol should be covered by a minimum of $500,000. insurance
under the Dram Shop Act; now, therefore, be it
RESOLVED, for the year 1991, that Common Council hereby approves
a revocable license agreement for the outdoor sale and
consumption of alcohol between the City and Simeon's Restaurant
that includes the sale of alcohol in accord with the terms and
conditions set forth in the application therefor, including
minimum Dram Shop coverage in the amount of $500,000. and Commons
Advisory Board approval for outdoor dining permits.
` Amendinq Resolution
Alderperson Booth moved to amend
the Dram Shop coverage.
the resolution to $1 million for
The motion failed for lack of a second.
A vote on the resolution resulted as follows:
Ayes (9) - Peterson, Johnson, Hoffman, Daley, Golder,
Romanowski, Blanchard, Cummings, Schroeder
Nay (1) - Booth
Carried
17
340
April 3, 1991
Executive Session
By Alderperson Booth: Seconded by Alderperson Golder
RESOLVED, That the Council adjourn into Executive Session to
discuss a personnel item and a possible real estate item.
Carried Unanimously
The meeting reconvened in Regular Session at 10:50 p.m. There
were no resolutions presented from the Executive Session.
Adjournment
On a motion the meeting adjourned at 10:55 p.m.
Callista F. Paolange i
City Clerk
20
Benjamin Nichols
Mayor
0
3 3
April 3, 1991
WHEREAS, the Mayor appointed a Downtown Vision Task Force which
included a committee to study parking in the central business
district, and
WHEREAS, the Downtown Vision Task Force Parking Committee and the
Task Force as a whole concurred that there is a parking deficit
in the central business district, and
WHEREAS, the Task Force has made certain recommendations
regarding a parking facility including a preferred site, and
WHEREAS, the Common Council has established a capital project for
conducting feasibility studies relative to a parking structure in
the central business district; now, therefore, be it
RESOLVED, That the Mayor is authorized and directed to appoint a
�. Central Business District Parking Garage Committee the
Co composition of which is to be as follows:
�) 2 members from Common Council
1 member from the Department of Public Works
[D 1 member from the Planning and Development Department
Q 3 members at -large
City Controller (ex- officio)
City Attorney (ex- officio)
RESOLVED, That the Committee will undertake such other studies as
may be appropriate for it to make recommendations to Common
Council on any decisions regarding the new parking facility, and
be it further
RESOLVED, That in all further planning of a possible new parking
facility, the Committee will function as the "Client Committee"
subject to the approval of Common Council for any expenditure of
funds.
Discussion followed on the floor.
Motion to Refer to Committee
By Alderperson Peterson: Seconded by Alderperson Johnson
RESOLVED, That the resolution regarding the Central Business
District Parking Committee be referred to the Planning and
Development Committee for review and report back to Council.
Carried Unanimously
New Business
(6000" Alderperson Hoffman referred to a letter sent to all members of
Council from William Benson of Floral Avenue. He is trying to
divide 2.7 acres of land into 4 or 5 building lots and there
apparently has been a ruling that there is a wetland on the
property which might interfere with the subdivision.
Alderperson Blanchard stated she has spoken to Mr. Benson and he
will be in touch with her and Alderperson Romanowski to take them
on a tour of the property.
This matter will ultimately go to the Planning Board and they
will be the ones to make a decision on this property.
19
and be it
further
RESOLVED,
That as its initial task, the
Committee will prepare
Requests
for Proposals for architectural
concept studies
and cost
estimates
for a parking facility on the
site recommended
by the
Downtown
Council,
Vision Task Force and, subject
will issue such requests for proposals,
to the approval
and be
of Common
it
further
RESOLVED, That the Committee will undertake such other studies as
may be appropriate for it to make recommendations to Common
Council on any decisions regarding the new parking facility, and
be it further
RESOLVED, That in all further planning of a possible new parking
facility, the Committee will function as the "Client Committee"
subject to the approval of Common Council for any expenditure of
funds.
Discussion followed on the floor.
Motion to Refer to Committee
By Alderperson Peterson: Seconded by Alderperson Johnson
RESOLVED, That the resolution regarding the Central Business
District Parking Committee be referred to the Planning and
Development Committee for review and report back to Council.
Carried Unanimously
New Business
(6000" Alderperson Hoffman referred to a letter sent to all members of
Council from William Benson of Floral Avenue. He is trying to
divide 2.7 acres of land into 4 or 5 building lots and there
apparently has been a ruling that there is a wetland on the
property which might interfere with the subdivision.
Alderperson Blanchard stated she has spoken to Mr. Benson and he
will be in touch with her and Alderperson Romanowski to take them
on a tour of the property.
This matter will ultimately go to the Planning Board and they
will be the ones to make a decision on this property.
19