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HomeMy WebLinkAboutMN-CC-1991-05-01COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 7:00 P.M. May 1, 1991 PRESENT: Mayor Nichols Alderpersons (10) - Romanowski, Blanchard, Booth, Cummings, Johnson, Peterson, Hoffman, Golder, Daley, Schroeder OTHERS PRESENT: City Clerk - Paolangeli City Attorney - Guttman City Controller - Cafferillo Deputy City Controller - Thayer Deputy Police Chief - Ecklund Personnel Administrator - Saul Acting Building Commissioner - Eckstrom co Fire Chief - Olmstead M Acting Superintendent of Public Works - Gray Youth Bureau Director - Cohen m Planning and Development Director - VanCort Q Planning and Development Deputy Director - Sieverding Commons Coordinator - Deming Board of Public Works Commissioners - Reeves, Berg 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 By Alderperson Boot: RESOLVED, That the meeting be approved of the April _,_ 1991 Common Council Meeting Z Seconded by Alderperson Peterson Minutes of the April 3, 1991 Common Council as published. Carried Unanimously ADDITIONS TO OR DELETIONS FROM THE AGENDA: Human Services Committee Alderperson Johnson requested the deletion of Item 17.1, Civilian Complaint Against Police Personnel Procedure. No Council member objected. Charter and Ordinance Committee Alderperson Peterson requested the deletion of Item 16.1, a discussion on Quorum and Majority Regarding Mayoral Vote. No Council member objected. New Business Alderperson Peterson requested that an Item 2 be added under New Business, dealing with the "Punishment" section of the Open Container Law, to correct the wording which was passed at the April 3, 1991 Common Council meeting. Alderperson Golder requested the addition of a resolution as Item 3 under New Business in regard to the sale of the Strand Theatre. No Council member objected. 1 341 May 1, 1991 SPECIAL ORDER OF BUSINESS: Public Hearing to Review 1991 -1992 Community Development Block Grant Resolution to Open Public Hearing By Alderperson Booth: Seconded by Alderperson Hoffman RESOLVED, That the Public Hearing to review the 1991 -1992 Community Development Block Grant be declared open. Carried Unanimously Alderperson Hoffman explained the Community Development Block Grant procedure. Mr. Paul Mazzarella, Executive Director for Ithaca Neighborhood Housing Services urged Council to approve the CDBG application. Resolution to Close Public Hearing By Alderperson Hoffman: Seconded by Alderperson Peterson RESOLVED, That the Public Hearing to review the 1991 -1992 Community Development Block Grant be declared closed. Carried Unanimously MAYOR'S APPOINTMENTS: Commons Advisory Board Mayor Nichols requested approval of Council for the re- appointment of Robert DiGiacinto and Abdul Shiek to the Commons Advisory Board, with terms to expire December 31, 1992. Resolution By Alderperson Schroeder: Seconded by Alderperson Cummings RESOLVED, That this Council approves the re- appointment of Robert DiGiacinto and Abdul Shiek to the Commons Advisory Board, with terms to expire December 31, 1992. Carried Unanimously Tompkins County Youth Bureau Board Mayor Nichols announced that he has appointed Charles Manning, 111 Oakwood Lane to the County Youth Bureau Board. Tompkins County Planning Board Mayor Nichols announced that he has appointed David Kay, 205 Hook Place to the Tompkins County Planning Board. Local Advisory Board for Assessment Review By Alderperson Johnson: Seconded by Alderperson Daley RESOLVED, That Martha Preston and Steven Thayer be appointed to the Local Advisory Board of Assessment Review. Carried Unanimously COMMUNICATIONS• State Grant Regarding the Strand Theatre Mayor Nichols stated that he had a message from Assemblyman Luster's office that the EQBA grants will be announced May 14th. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: Parking Garage Ms. Susan Blumenthal, former Chair of the Downtown Visions Task Force, spoke to Council on behalf of the Task Force. She urged Council's support of the two resolutions on tonight's agenda pertaining to a proposed parking garage on West State Street. Sale of Strand Theatre The following persons spoke to Council in favor of postponing the sale of the City's interest in the Strand Theatre: Doug Reid, 105 Sheldon Road Bruce Silbey, 304 Winston Drive Henry Peterson, 1704 Danby Road Maryann Burgess - 505 South Albany Street 2 343 May 1, 1991 Paul Sayvetz, 201 Elm Street Jordan Paryear, Alpine, New York Katy Walker, 211 Willow Avenue John Ewing, 327 South Geneva Street Parking Garage (WOO� Mr. Guy Gerard urged Council not to rush into a decision on building a new parking garage. He said the ramps that we have now are not being used to full capacity. He further commented that we need reasonable rent protection to maintain a healthy downtown. Betsy Darlington asked Council to wait before making a decision on a parking garage and to investigate the possibility of improving public transportation. She read a letter from her husband in regard to the revitalization of downtown Ithaca. CO The following persons spoke to Council explaining their reasons for being against the proposed parking garage: David Nutter, 656 Five Mile Drive Jeff Coleman, 110 North Geneva Street Q Jill Ewing, 327 South Geneva Street Allen Lambert, letter read by Alderperson Hoffman Katie Walker, 211 Willow Avenue John Ewing, 327 South Geneva Street The following persons spoke to Council in favor of the two resolutions on tonight's agenda regarding the proposed parking garage: Jim Houghton, 111 Hudson Street Betsy Park, President, Downtown Inc. David Huckle, representing Chamber of Commerce Albert Smith, 707 North Cayuga Street Betty Cornish, 234 South Albany Street James Byrnes, Leadership Committee, Downtown Visions Task Force Northside Park Vicki Romanoff, 112 West Marshall Street, representing the Northside /Cascadilla Creek Civic Association, urged Council to vote for the resolution on tonight's agenda, Item 22.1, that would enable the City Planning Department to make an application for the Land and Water Conservation Fund to provide money for land acquisition and development of a neighborhood park on one -third of the Pogo Parcel, also including the Lake Avenue road bed and the creek banks. Dan Kramer, 601 Willow Avenue, urged Council support for the proposed Park on the Northside. REPORT OF BOARD OF REPRESENTATIVES: First Ward Representative Lerner reported to Council on the (400", following matters: Airport Terminal - The County now has a final design for the proposed new airport terminal. Raccoon Rabies - There are three counties contiguous to Tompkins that have had identified cases of raccoon rabies. The County Board of Health has now mandated that cats have to be vaccinated against rabies. Systematic Reviews of County Departments - The County is moving forward with what is going to be an ongoing process of doing systematic reviews of the goals, functions and services provided by various County departments. 3 May 1, 1991 REPORT OF CITY BOARDS, COMMISSIONS AND COMMITTEES: Parks Commission Diane Sherman, Chair of the Parks Commission reported that the Commission will assist the Planning and Development Department with the Land and Water Fund Conservation Grant, if the Council approves the request this evening. Board of Public Works Commissioner Reeves reported to the Council on the following: Street Cleaning Signs - This matter was discussed at the Board meeting today. The Department has been trying to use signs on posts as opposed to stapling the signs to trees but a lot of the signs end up missing. The Department is still working on the problem. Juror Parking in the Seneca Street Ramp - The Board is in the process of finalizing a Memorandum of Understanding with the Sixth Judicial District that will allow people who are serving on jury duty in the Courthouse to park in the Seneca Street Ramp with daily passes. There will no longer be free parking for jurors at meters. Seneca and Green Streets Deteriorating Conditions - The condition of these streets has been brought to the attention of the State. City Engineer Gray explained that these streets are part of the State arterial system and stated that the City may be doing some of the milling work and then the State will come in and pave the streets involved. Skate Boarding - The Board continues to be concerned about skate boarding in DeWitt Park and around the ramps. There needs to be a place for youngsters to use their skateboards and that issue should be looked into at the next Capital Projects Review Committee meeting. In the meantime a "No Skateboarding" sign will be installed in DeWitt Park. City Engineer Gray answered questions from Council members regarding street cleaning, Southwest Park, Six Mile Creek, etc. Community Police Board Ms. Sara Shenk, Chair of the Community Police Board spoke to the Council regarding the language and procedures in the Charter for the Community Police Board. COMMUNICATIONS FROM THE MAYOR: Apology to Citizens of Groton Mayor Nichols apologized to the citizens of Groton for the remark that was made at the Common Council Committee of the Whole meeting last week. It was not meant to be a derogatory remark but was said in jest. There is a written apology in the Grapevine this week. Conservation Advisory Council Certificate of Recognition Mayor Nichols reported that the Conservation Advisory Council has received a certificate of recognition from the State Department of Environmental Conservation for the work that was done in cooperation with the Department of Public Works on the stenciling of the storm drains. Reapportionment Mayor Nichols stated that the Council needs to start looking at the question of reapportionment. The County has set up their committee to study the County legislative districts and we have to do the same for the City. He asked the Charter and Ordinance Committee to work on this matter. 4 19, 345 May 1, 1991 Parking Garage Issue Mayor Nichols remarked that the whole point of the Downtown Vision effort was to get a broad look at all the related questions. There would be no point in talking about the garage on West State Street if we weren't also talking about the revitalization of West State Street including zoning changes which would make the need for parking much greater. He stated that we are and will be moving on all fronts, reducing demand through 'Park and Ride', public transit, better facilities for bicycles and walking, at the same time as we make the provisions for parking. He urged Council to support both of the resolutions on tonight's agenda dealing with the Parking Garage Committee and Downtown Vision Task Force recommendations so that we will have facts to base our decisions on. CITY ATTORNEY'S REPORT: CD Sale of City Property City Attorney Guttman requested that there be a short Executive Session at the end of the meeting to discuss the possible sale of City property. Q Atrium Space Alderperson Hoffman stated that the City entered into certain agreements with Center Ithaca when it was constructed about the use of the Atrium. He said that it appears that there is a commercial structure now in the Atrium selling donuts and he asked City Attorney Guttman to look into whether that is in violation of the intent of the agreement. City Attorney Guttman stated that he will look into the matter and report back to Alderperson Hoffman. PLANNING AND DEVELOPMENT COMMITTEE: 1991 Department Work Program Report Alderperson Hoffman reported that the Planning Department is almost finished with the Work Plan for 1991 and it should be ready for -Council in June. Bicycle Advisory Council Report Alderperson Hoffman reported that the Bicycle Advisory Council has released a draft of a City bicycle policy plan and routes along City streets. The committee has asked the Bicycle Advisory Council to circulate the draft to concerned departments and other boards to get comments before the Planning and Development Committee takes action on it. * 15.3 Central Business District Parking Garage Location By Alderperson Hoffman: Seconded by Alderperson Daley WHEREAS, the city hired Rich and Associates to conduct a study of parking in the Central Business District and the report suggested several feasible locations, and WHEREAS, the Committee appointed by the Mayor to act as client for the Rich study recommended the block surrounded by Geneva, Albany, State and Seneca Streets known as Block 14 as the preferred location for the proposed new parking facility, and WHEREAS, the Downtown Vision Task Force subcommittee on parking studied some 23 different locations and configurations for parking structures in the Central Business District, and WHEREAS, the Downtown Vision Task Force recommended Block 14 as the best location for a new parking facility in the Central Business District, and 5 May 1, 1991 WHEREAS, this recommendation was made because of the many advantages of this location including its impact on the revitalization of West State Street, its superior traffic circulation characteristics, and the beneficial impacts it will have on urban form, now, therefore be it RESOLVED, that this Common Council does endorse, in concept, that Block 14 be designated as the preferred location for a parking garage in the Central Business district if such facility is to be constructed. Extensive discussion followed on the floor with Alderpersons stating their reasons for or against the resolution. Alderperson Romanowski suggested that the words "the preferred location" be deleted from the Resolved clause and the words "a study site" be inserted. No Council member objected. Further discussion followed on the floor. Alderperson Hoffman, after explaining his reasons for doing so, offered the following substitute resolution: Substitute Resolution By Alderperson Hoffman: Seconded by Alderperson Golder WHEREAS, the Downtown Vision Task Force has recommended the construction of a new, 600 -space parking garage on West State Street, and WHEREAS, Common Council needs more information concerning costs and financial impacts on the City budget, as well as public opinion of the need for and desirability of the proposed garage before it can make a decision on a project of this scale and impact; now, therefore, be it RESOLVED, That the Mayor is authorized and directed to appoint a Parking Garage Research Committee, which shall represent a spectrum of opinions and interests, the composition of which is to be as follows: 2 members from Common Council 1 member from the Board of Public Works 1 member from the Planning and Development Board 5 members at large Planning and Development Director. (ex- officio) City Controller (ex- officio) and be it further RESOLVED, That the tasks of the committee shall be: 1) to undertake appraisals of the properties on the block bounded by West State, Geneva, Seneca and Albany Streets ( "Block 14 "); 2) to gather the best available cost comparisons for attractive and durable facilities of comparable scale recently constructed elsewhere; 3) to compile projections of the total and annual cost of such a project - to users of the garage, to property owners participating in a Central Business District benefit assessment district, and to City taxpayers; 4) to survey affected property owners as to their willingness to pay a special benefit assessment for this project; 5) to outline the scope and timetable for environmental review of the project prior to a Common Council decision; n 347 May 1, 1991 6) to conduct at least two public hearings on the proposed project and the proposed means of financing it; and be it further RESOLVED, That the Committee shall prepare cost estimates for both the "Woolworth's Lot" and for "Block 1411, and be it further (woe, RESOLVED, That the Committee shall prepare cost estimates for a range of sizes, from 200 to 600 spaces, and for structures with and without retail spaces on the ground floor, and be it further RESOLVED, That the Committee shall assume that the goal of the project is "financial self - sufficiency," and that the share of total annual costs (including debt payments) to be carried by City taxpayers as a whole shall not exceed 20% in the first year, and shall decline in steps to zero over the next ten years. CO Discussion followed regarding the substitute resolution. M D A vote on the Substitute Resolution resulted as follows: M Ayes (5) - Johnson, Booth, Golder, Hoffman, Peterson Cr Nays (5) - Daley, Romanowski, Blanchard, Cummings, Schroeder Mayor Nichols voted Nay, breaking the tie. Motion Fails Discussion followed regarding the Main Motion, with Mayor Nichols explaining his reasons for voting against the Substitute Resolution. He recommended that much of Alderperson Hoffman's Substitute Motion be included in the next motion on the agenda. Main Motion A vote on the Main Motion resulted as follows: Ayes (6) - Johnson, Romanowski, Blanchard, Daley, Cummings, Schroeder Nays (4) - Peterson, Hoffman, Booth, Golder Carried * 15.4 Central Business District Parking Garage Committee By Alderperson Hoffman: Seconded by Alderperson Daley 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 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 hereby RESOLVED, that the Mayor is authorized and directed to appoint a Central Business District Parking Garage Committee the composition of which is to be as follows: 7 2 members from Common Council 1 member from the Board of Public Works 1 member from the Planning and Development Board 5 members at large Planning and Development Director (ex- officio) Superintendent of Public Works (ex- officio) City Attorney (ex- officio) City Controller (ex- officio) and be it further May 1, 1991 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 Vision Task Force and, subject to the approval of Common Council, will issue such requests for proposals, and be it further RESOLVED, that the Committee will undertake appraisals of the properties on the site and such other studies as may be appropriate. It will make recommendations to Common Council on any decisions regarding the new parking facility, and be it further RESOLVED, that the cost of the new structure shall be divided among properties benefitted by the structure, fees paid by users and the city general fund, 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. Extensive discussion followed on the floor regarding combining Alderperson Hoffman's resolution with the resolution presently before Council. Amendinq Resolution By Alderperson Schroeder: Seconded by Alderperson Daley RESOLVED, That the Second Resolved Clause of Alderperson Hoffman's substitute resolution be inserted as the Second Resolved Clause of the Original Resolution and that it read as follows: "RESOLVED, That the tasks of the Committee shall include: 1) undertaking appraisals of the properties on the block bounded by West State, Geneva, Seneca and Albany Streets ( "Block 14 "); 2) gathering the best available cost comparisons for attractive and durable facilities of comparable scale recently constructed elsewhere; 3) compiling projections of the total and annual cost of such a project - to users of the garage, to property owners participating in a Central Business District benefit assessment district, and to City taxpayers; 4) surveying affected property owners as to their willingness to pay a special benefit assessment for this project; 5) outlining the scope and timetable for environmental review of the project prior to a Common Council decision; 6) conducting at least two public hearings on the proposed project and the proposed means of financing it; and be it further RESOLVED, That the Fourth Resolved Clause of Alderperson Hoffman's substitute resolution be inserted as the Third Resolved Clause in the Original Resolution, with the words "from 200 to 600 spaces" deleted, and that the words "as its initial task" be removed from 8 J49 May 1, 1991 what would now be the Fourth Resolved and the words "undertake appraisals of the properties on the site and" be deleted in what would now be the Fifth Resolved Clause and the word "make" be inserted before the words "such other studies ". Discussion followed on the floor. A vote on the Amending Resolution resulted as follows: Carried Unanimously Alderperson Blanchard recommended that the words "Requests for Proposals" be deleted in the new Fourth Resolved Clause and the words "Requests for Qualifications" be inserted in its place. No Council member objected. Main Motion as Amended The Main Motion as Amended shall read as follows: 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 Q WHEREAS, that study has indicated that the demand for parking significantly exceeds current supply, and 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 hereby RESOLVED, that the Mayor is authorized and directed to appoint a Central Business District Parking Garage Committee the composition of which is to be as follows: 2 members from Common Council 1 member from the Board of Public Works 1 member from the Planning and Development Board 5 members at large Planning and Development Director (ex- officio) Superintendent of Public Works (ex- officio) City Attorney (ex- officio) City Controller (ex- officio) and be it further RESOLVED, That the tasks of the Committee shall include: 1) undertaking appraisals of the properties on the block bounded by West State, Geneva, Seneca and Albany Streets ( "Block 1411); 2) gathering the best available cost comparisons for attractive and durable facilities of comparable scale recently constructed elsewhere; 3) compiling projections of the total and annual cost of such a project - to users of the garage, to property owners participating in a Central Business District benefit assessment district, and to City taxpayers; 4) surveying affected property owners as to their willingness to pay a special benefit assessment for this project; 9 s115 O May 1, 1991 5) outlining the scope and timetable for environmental review of the project prior to a Common Council decision; 6) conducting at least two public hearings on the proposed project and the proposed means of financing it; and be it further RESOLVED, That the committee shall prepare cost estimates for a range of sizes and for structures with and without retail space on the ground floor, and be it further RESOLVED, that the Committee will prepare Requests for Qualifications for architectural concept studies and cost estimates for a parking facility on the site recommended by the Downtown Vision Task Force and, subject to the approval of Common Council, will issue such - requests for qualifications, and be it further RESOLVED, that the Committee will make such other studies as may be appropriate. It will make recommendations to Common Council on any decisions regarding the new parking facility, and be it further RESOLVED, that the cost of the new structure shall be divided among properties benefitted by the structure, fees paid by users and the city general fund, 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 with Planning and Development Director VanCort answering questions from Council members. A vote on the Main Motion as Amended resulted as follows: Ayes (6) - Johnson, Cummings, Daley, Romanowski, Blanchard, Schroeder Nays (4) - Hoffman, Booth, Peterson, Golder Carried NEW BUSINESS• Strand Theatre By Alderperson Golder: Seconded by Alderperson Hoffman WHEREAS, at its March 6, 1991 meeting, Common Council resolved to sell the City's interest in the Strand Theatre and to accept bids with a deadline of June 3, 1991, and WHEREAS, Historic Ithaca has submitted an application for a grant from New York State for the purpose of rehabilitating the Strand, and WHEREAS, New York State may not make a decision on the grant until the Fall of 1991, and WHEREAS, Common Council previously delayed the date of the proposed sale in order to wait until Historic Ithaca received a decision on its grant application; now, therefore, be it RESOLVED, That Common Council temporarily delay the process of selling the Strand until Historic Ithaca receives a decision on the grant from New York State. Amending Resolution By Alderperson Daley: Seconded by Alderperson Schroeder RESOLVED, That the Resolved Clause read as follows: 10 May 1, 1991 "RESOLVED, That if the State does not announce its decision regarding EQBA Grants by June 3rd, Common Council shall temporarily delay the process, etc." Discussion followed on the floor, with City Attorney Guttman giving direction to the Council. After Alderperson Daley withdrew his amendment, Alderperson Cummings offered the following: Amending Resolution By Alderperson Cummings: Seconded by Alderperson Daley RESOLVED, That the Resolved Clause read as follows: "RESOLVED, That Common Council delay the deadline for receiving bids for selling the City's interest in the Strand until October 1, 1991." U0 Discussion followed on the floor. M Executive Session By Alderperson Booth: Seconded by Alderperson Daley (� RESOLVED, That the Common Council adjourn into Executive Session < at 10:05 p.m. to discuss the matter of the sale of the City's interest in the Strand Theatre. Carried Unanimously Regular Session The Common Council reconvened in Regular Session at 10:17 p.m. Discussion resumed on the matter of the sale of the Strand Theatre. A vote on the amending resolution resulted as follows: Ayes (7) - Johnson, Cummings, Daley, Golder, Hoffman, Peterson, Schroeder Nays (3) - Romanowski, Blanchard, Booth Carried Main Motion as Amended WHEREAS, at its March 6, 1991 meeting, Common Council resolved to sell the City's interest in the Strand Theatre and to accept bids with a deadline of June 3, 1991, and WHEREAS, Historic Ithaca has submitted an application for a grant from New York State for the purpose of rehabilitating the Strand, and WHEREAS, New York State may not make a decision on the grant until the Fall of 1991, and WHEREAS, Common Council previously delayed the date of the proposed sale in order to wait until Historic Ithaca received a decision on its grant application; now, therefore, be it RESOLVED, That Common Council delay the deadline for receiving bids for selling the City's interest in the Strand until October 1, 1991. A vote on the Main Motion as Amended resulted as follows: Ayes (7) - Johnson, Cummings, Daley, Golder, Hoffman, Peterson, Schroeder Nays (3) - Romanowski, Blanchard, Booth Carried 11 3 D2 May 1, 1991 * 15.6 1991 Community Development Block Grant By Alderperson Hoffman: Seconded by Alderperson Daley WHEREAS, Common Council recognizes the need to continue efforts which enhance and preserve residential neighborhoods, promote affordable housing, encourage job creation and retention, and increase the level of public service in the City of Ithaca, and WHEREAS, the program and budget for the proposed Community Development Block Grant application have been reviewed by the Community Advisory Committee, adopted by the Ithaca Urban Renewal /Community Development Agency and endorsed by the Planning and Development Committee of Common Council, now, therefore be it RESOLVED, that the Common Council approve the 1991 Community Development Block Grant $600,000 budget and programs as recommended by the IURA /CDA and the Planning and Development Committee, and be it further RESOLVED, that the Mayor to sign upon advice of Planning and Development submit the City's 1991 United Stated Department be and hereby is authorized and directed the City Attorney and the Director of any and all instruments necessary to Community Development application to the of Housing and Urban Development. Carried (9 -0) Alderperson Romanowski out of room at time of vote. * 15.7 Reprogrammincq of 1987 Small Cities Housing Funds By Alderperson Hoffman Seconded by Alderperson Daley WHEREAS, the Planning and Development Committee of Common Council, the Community Development Agency, and the Community Advisory Committee have recommended the proposed reprogramming of the remaining 1987 Community Development Block Grant (CDBG) funds intended for loans to West Hill homeowners to the 1990 Henry St. John wheelchair ramp project, now, therefore, be it RESOLVED, that the Common Council approve the reprogramming of $17,777 in the 1987 Community Development Block Grant homeowner loans to the INHS Henry St. John wheelchair ramp project. Carried (9 -0) Alderperson Romanowski out of room at time of vote. Recess Common Council recessed at 10:20 p.m. and reconvened in regular session at 10:35 p.m. * 15.5 Downtown Vision Task Force Recommendations By Alderperson Hoffman: Seconded by Alderperson Schroeder RESOLVED, that Common Council approves the assignment of the Downtown Vision Task Force recommendations to the boards and committees noted therein. The committees and boards receiving such assignments are asked to report their recommendations or actions to Common Council as soon as feasible, and be it further RESOLVED, that the Director of Planning and Development is directed to inform each board and committee so named of its assignments. Discussion followed on the floor. It was the consensus of Council that Item 5 on Page 105 of the "Secondary Recommendations" be changed to read Planning and Development Committee. A vote on the resolution resulted as follows: Carried Unanimously 12 35:3 May 1, 1991 HUMAN SERVICES COMMITTEE: * 17.2 1992 Human Services Plan By Alderperson Hoffman: Seconded by Alderperson Schroeder WHEREAS, the City wishes to fund human services, providing that they have met the City's review criteria and the Human Services Coalition process and provide a service as identified under the (11� City of Ithaca Human Services Plan; now, therefore, be it RESOLVED, That the following areas of human services are identified as crucial to the provision of a good quality of life for all Ithacans, and that the City may meet the need for these services through contracts with specific agencies. HUMAN SERVICES PLAN - 1992 * 17.3 Human Services Coalition Work Plan By Alderperson Johnson: Seconded by Alderperson Golder WHEREAS, the City of Ithaca has demonstrated a long standing commitment to the funding of human services, and WHEREAS, federal and New York State funding resources have been eliminated and severely decreased, and WHEREAS, it is becoming increasingly difficult to find fiscal resources to fund human services programs; now, therefore, be it RESOLVED, That, in 1991, the Tompkins County Human Services Coalition be requested to: 1. Continue efforts to streamline application and review processes among the City /County Human Service Grants, TC Youth Bureau, United Way and other funders. 2. Work with the City of Ithaca and human service agencies to explore various alternative funding sources in addition to City funding of human services; and encourage human services agencies to apply for funding from other municipalities in Tompkins County, as may be appropriate. 3. Review and make recommendations re City Human Service Grants; and 4. Develop Human Service Impact statement in relation to state budget cuts of public and private human service programs. Discussion followed on the floor. 13 1. Emergency food, clothing, supplies 2. Temporary shelter co 3. Child care M 4. Skills development and education 5. Transportation - seniors, disabled m 6. Housing assistance for low -mod income Q 7. Assistance to low income for basic needs 8. Youth services 9. Senior citizens services 10. Crisis and dispute resolution 11. Assistance to persons in distress 12. Preventive and supportive health services 13. Health and safety in the work place 14. Job retention - keeping and increasing the number of well paid jobs in Ithaca Discussion followed on the floor. A vote on the resolution resulted as follows: Carried Unanimously * 17.3 Human Services Coalition Work Plan By Alderperson Johnson: Seconded by Alderperson Golder WHEREAS, the City of Ithaca has demonstrated a long standing commitment to the funding of human services, and WHEREAS, federal and New York State funding resources have been eliminated and severely decreased, and WHEREAS, it is becoming increasingly difficult to find fiscal resources to fund human services programs; now, therefore, be it RESOLVED, That, in 1991, the Tompkins County Human Services Coalition be requested to: 1. Continue efforts to streamline application and review processes among the City /County Human Service Grants, TC Youth Bureau, United Way and other funders. 2. Work with the City of Ithaca and human service agencies to explore various alternative funding sources in addition to City funding of human services; and encourage human services agencies to apply for funding from other municipalities in Tompkins County, as may be appropriate. 3. Review and make recommendations re City Human Service Grants; and 4. Develop Human Service Impact statement in relation to state budget cuts of public and private human service programs. Discussion followed on the floor. 13 A vote on the resolution resulted as follows: May 1, 1991 Carried Unanimously * 17.4 Criteria for Funding Human Services Agencies By Alderperson Johnson: Seconded by Alderperson Blanchard WHEREAS, the City of Ithaca will consider appropriating a portion of its 1992 general operating funds for contracts with local human service agencies, and WHEREAS, the Human Services Coalition is funded in part by the City of Ithaca to provide an objective overview of human services needs and provision, and to evaluate requests for City support; now, therefore, be it RESOLVED, That all 1992 requests for city funding from private agencies seeking to provide non - mandated human services shall be submitted to the Human Services Coalition for review by their time deadlines, and be it further RESOLVED, That the Coalition shall report its findings to the Human Services Committee of Common Council by August 15, 1991, and be it further RESOLVED, That the following criteria shall be used by the Coalition in its review of requests: A -1. The application shall be received by the Human Services Coalition by Thursday, May 23, 1991 and the applicant must complete the Human Services Coalition review process in a timely manner. A -2. An application may be reviewed either through the Human Services Coalition review for human services proposals, or through the process review for other types of proposals, but not both. A -3. The applicant must also request funding from the County and appropriate town(s) if more than 50 of those served by the proposal are not city residents. A -4 Applicant must submit the following materials: budgets for 1991 and 1992, financial report for 1990, and enumeration of other funding sources. A -5. If the applicant received city funds in 1991, the applicant shall have demonstrated that they performed effectively under the contract. B. The Coalition shall award points for the degree to which the proposal meets the established criteria, on a scale of 1 to 5, 5 being the most desirable rating, for each criterion; if applicant does not supply sufficient information for Coalition to make a judgment, the proposal receives zero points in such case. B -1. Applications from agency programs in operation prior to January 1990 shall be evaluated according to the following criteria: a. Proposal will serve city residents in proportion to city funding requested compared to total program budget. b. The proposal will serve an identified need which does not duplicate another service, with higher points allocated in proportion to the severity of the problem in the city. c. The proposal demonstrates that the service has effectively met the needs of its clients; proposal includes measurable objectives. 14 0 I F& 35k1i May 1, 1991 d. The agency has been effective in managing needed fiscal resources and in containing costs, e.g. developed internal controls, invested reserves, reduced overhead expenses, instituted cooperative efforts. e. Population to be served by proposal can be shown to be a population in financial need (i.e. federal poverty guidelines). f. Agency has thoroughly sought and secured other sources of funding. g. Agency has demonstrated extreme financial need for itself due to increased case load or loss of funding. e. The agency has plans and policies in place to manage needed fiscal resources and to contain costs, e.g. is developing internal controls, seeking other funds, minimizing overhead expenses, instituting cooperative ventures. f. Population to be served /targeted by proposal is in financial need. g. Agency has thoroughly sought and secured other sources of funding. h. The request for city funding is less than half of that requested for county funding, and be it further RESOLVED, That the Human Services Coalition shall review all proposals that meet criteria A -1 through A -4, shall recommend whether each request should be fully or partially funded, and shall consider both new and previously funded agencies, and shall inform the applicant of the Coalition's recommendation and make a copy of such report available to the applicant, and be it further RESOLVED, That the Human Services Coalition will evaluate and update its plan to reduce by 25% the total time and money agencies must spend on local review by funders for the 1992 funding cycle and by 25% for the 1993 funding cycle. carried Unanimously Alderperson Golder left the meeting at 11:00 p.m. 15 h. The request for city funding is less than half of that co requested for county funding. M. B -2 Applications from agency programs that began operating after January 1990 shall be evaluated according to the following m criteria: Q a. Proposal will serve /target city residents in proportion to city funding requested compared to total program budget. b. The proposal addresses an identified need which does not duplicate another service, with higher points allocated in proportion to the severity of the problem in the city. c. Agency has the expertise and a realistic plan to meet the identified client needs. d. Proposal includes measurable objectives developed to demonstrate the effectiveness of the service. e. The agency has plans and policies in place to manage needed fiscal resources and to contain costs, e.g. is developing internal controls, seeking other funds, minimizing overhead expenses, instituting cooperative ventures. f. Population to be served /targeted by proposal is in financial need. g. Agency has thoroughly sought and secured other sources of funding. h. The request for city funding is less than half of that requested for county funding, and be it further RESOLVED, That the Human Services Coalition shall review all proposals that meet criteria A -1 through A -4, shall recommend whether each request should be fully or partially funded, and shall consider both new and previously funded agencies, and shall inform the applicant of the Coalition's recommendation and make a copy of such report available to the applicant, and be it further RESOLVED, That the Human Services Coalition will evaluate and update its plan to reduce by 25% the total time and money agencies must spend on local review by funders for the 1992 funding cycle and by 25% for the 1993 funding cycle. carried Unanimously Alderperson Golder left the meeting at 11:00 p.m. 15 rl at► May 1, 1991 BUDGET AND ADMINISTRATION COMMITTEE: * 18.1 Request to Authorize Funds to Pursue Litigation By Alderperson Booth: Seconded by Alderperson Peterson RESOLVED, That an amount not to exceed $1,500. shall be transferred from account A1990 Unrestricted Contingency to account A1420 -435 City Attorney Contractual Services, in order to engage the law firm of Ben and Young to represent the City in a tax litigation action brought against the City in Nevada. Carried (9 -0) * 18.2 Request Increase in Authorization and Financing of City Court Facility Capital Project #242 By Alderperson Booth: Seconded by Alderperson Daley WHEREAS, after an intensive review of six conceptual design options for the location and construction of a City Court Facility, the Court Facility Review Committee has recommended that a new building be constructed on the existing Hall of Justice Site, and WHEREAS, upon review of the program requirements by the Office of Court Administration, the overall size of the Facility was adjusted to conform with current Court standards, thereby increasing the total projected cost of said project, and WHEREAS, after refining the conceptual design of the renovation to the existing Hall of Justice to better service Police Department needs, and incorporating all design fees, construction supervision fees and construction contingencies, and WHEREAS, a pedestrian foot bridge over Six Mile Creek, connecting the Court facility to the City parking lot adjacent to the new County Mental Health Facility, at an estimated cost of $123,000., has increased the overall project cost of the project; now, therefore, be it RESOLVED, That as a result of all the aforementioned adjustments to the scope of the Court Facility /Hall of Justice reconstruction project, the maximum estimated cost of said project shall hereby be increased from $2,000,000. to $2,600,000., and be it further RESOLVED, That the financing plan for the additional authorization of $600,000. shall be established as follows: A. Statutory down payment of $25,000. shall be appropriated from Capital Reserve #25 for energy conservation projects relating to renovation of the Hall of Justice, and the balance of $5,000. from Capital Reserve #4 for Bridges, relating to the construction of the pedestrian bridge over Six Mile Creek. B. The balance of the total authorization of $570,000. shall be provided from the issuance of Serial Bonds. Discussion followed on the floor with City Controller Cafferillo answering questions from Council members. Alderperson Booth suggested that there be a final Whereas Clause to read as follows: "WHEREAS, The Court Facility Review Committee has suggested preliminary figures for the Court facility and Police Department Budget, as shown on the 'Court Facility and Police Department Preliminary Budget' 'sheet." (Budget sheet attached) No Council member objected, therefore the Whereas Clause was added to the resolution. A vote on the resolution as amended resulted as follows: Carried (9 -0) ,L �i it 357 COURT FACILITY AND POLICE DEPARTMENT PRELIMINARY BUDGET COURT FACILITY PEDESTRIAN BRIDGE Construction Cost $95,000 Contingency 9,500 A/E Fees 111000 Construction Management 3,135 Reimbursables, Testing, etc. 4,500 TOTAL PEDESTRIAN BRIDGE $123,135 MISCELLANEOUS Closing Cost, Interim Interest $70,000 Contingencies 50,000 TOTAL MISCELLANEOUS EXPENSES $120,000 TOTAL PROJECT COST $2,620,635 Architectural Fees Through Bid Documents Court $125,000 Police Department 471000 Pedestrian Bridge 11,000 Subtotal $183,000 Reimbursables 12,500 TOTAL ARCHITECTURAL FEES THROUGH BID DOCUMENTS $195,500 Construction Cost $1,350,000 Contingency 135,000 Telephone Allowance 51000 A/E Fees 155,000 Construction Management 44,550 Reimbursables, Testing, etc. 14,000 Subtotal Court $1,703,550 Court House FFE $106,600 TOTAL COURT FACILITY $1,810,150 POLICE DEPARTMENT Base Building Upgrade $165,000 co Contingency 161500 A/E Fees 25,000 Construction Management 5,500 Reimbursables 11500 Q Subtotal Base Building $213,500 Police Building Renovations $201,500 Contingency 20,000 Telephone Equipment 10,000 A/E Fees 34,000 Construction Management 6,650 Reimbursables, Testing, Inc. 4,000 Subtotal Building Renovation $276,150 Police Department FFE $77,700 TOTAL POLICE DEPARTMENT $567,350 PEDESTRIAN BRIDGE Construction Cost $95,000 Contingency 9,500 A/E Fees 111000 Construction Management 3,135 Reimbursables, Testing, etc. 4,500 TOTAL PEDESTRIAN BRIDGE $123,135 MISCELLANEOUS Closing Cost, Interim Interest $70,000 Contingencies 50,000 TOTAL MISCELLANEOUS EXPENSES $120,000 TOTAL PROJECT COST $2,620,635 Architectural Fees Through Bid Documents Court $125,000 Police Department 471000 Pedestrian Bridge 11,000 Subtotal $183,000 Reimbursables 12,500 TOTAL ARCHITECTURAL FEES THROUGH BID DOCUMENTS $195,500 May 1, 1991 * 18.3 Request Authorization to Contract for City Court Facility Architectural Design By Alderperson Booth: Seconded by Alderperson Daley RESOLVED, That the Mayor be authorized to execute architectural agreements up to an amount not to exceed $183,000 plus $12,500 in reimbursable expenses, for services related to final design and preparation of bid documents and specifications through review and award of said construction projects with respect to the City Court Facility and Police Department renovations. Carried (9 -0) * 18.4 Authorize Mayor to Sign Contract for Urban Design Study By Alderperson Booth: Seconded by Alderperson Schroeder WHEREAS, the New York State Council for the Arts has approved a grant application for an Urban Design Study in the amount of $7,500 for each of the years 1991 and 1992, and WHEREAS, the 1991 Restricted Contingency includes $10,000. to be applied toward the local match for this two year grant, and WHEREAS, the Planning Department wishes to increase the maximum allowable cost of said study by $2,500. in 1991, and by an additional $2,500. in 1992, for a total cost not to exceed $30,000 overall; now, therefore, be it RESOLVED, That the Mayor be authorized to execute an agreement with Roger Trancik for the preparation of said study for an amount not to exceed $30,000., and be it further RESOLVED, That any City obligations under this agreement, including any payments beyond the 1991 amended budget amount of $20,000., are wholly contingent upon receipt of the second installment of $7,500. from NYS Council for the Arts and the allocation of the final $2,500. by Common Council in the 1992 budget. Discussion followed on the floor. Alderperson Hoffman explained that he would be voting against the resolution as he felt the City's intention was to limit the amount spent on this project. A vote on the resolution resulted as follows: Ayes (8) - Booth, Peterson, Johnson, Romanowski, Blanchard, Cummings, Daley, Schroeder Nay (1) - Hoffman Carried * 18.5 Request to Amend the 1991 DPW Authorized Equipment List By Alderperson Booth: Seconded by Alderperson Blanchard WHEREAS, the Department of Public Works wishes to improve the accuracy of billing information related to the Septage Handling Program operated at the Ithaca Area Wastewater Treatment Facility, and WHEREAS, the Intermunicipal billing rate for septage processing includes an allowance for recovery of maintenance costs and minor improvements made to the Septage Receiving Station, and WHEREAS, the Special Joint Subcommittee (SJS) recommends the acquisition of flow measuring equipment to correct this operational deficiency; now, therefore, be it RESOLVED, That the 1991 authorized equipment list for the Joint Activity Fund be amended to include such flow measurement equipment at a cost not to exceed $3,500., and be it further RESOLVED, That $3,500. be transferred from account J1990 Unrestricted Contingency to account J8150 -225 Other Equipment to fund said purchase. 17 Carried (9 -0) D 359 May 1, 1991 * 18.6 DPW /WWTP - Request to Amend the 1991 WWTP Budget By Alderperson Booth: Seconded by Alderperson Blanchard WHEREAS, the Southern Cayuga Lake Intermunicipal Water Commission (Bolton Point) has determined that the 1989 -90 water consumption information provided to the SJS and ultimately used as a basis for distributing the 1991 cost of operation and maintenance of the Ithaca Area Wastewater Treatment Plant, was overstated as a result of a meter malfunction by approximately $25,000.; now, therefore, be it RESOLVED, That the related shortfall in revenues shall be offset by reducing the appropriation for Unrestricted Contingencies within the 1991 Joint Activity Fund budget. Carried (9 -0) * 18.7 Finance Department /Personnel _ Request to Establish Salary Range for Building Commissioner and Personnel Administrator co By Alderperson Booth: Seconded by Alderperson Peterson M RESOLVED, That the 1991 salary range for the positions of Building Commissioner and Personnel Administrator be and hereby is adjusted m to $34,601. - $51,218. � Carried (9 -0) * 18.8 Police Department - Request to Amend Personnel Roster By Alderperson Booth: Seconded by Alderperson Schroeder RESOLVED, That the Personnel Roster of the Police Department be and hereby is amended as follows: Delete: One (1) Police Officer Add Two (2) Typists (4W11 Carried (9 -0) * 18.9 Request to Amend 1991 Youth Bureau Budget By Alderperson Booth: Seconded by Alderperson Johnson WHEREAS, the City of Ithaca Youth Bureau has received a $8,500.00 grant by the Department of Maintenance and Service Operations at -Cornell University for the coordination of the ON TOP Program, and WHEREAS, the summer job training program will be targeted towards twelve minority and female students who will be employed in a variety of non - traditional occupations; now, therefore, be it RESOLVED, That the 1991 Youth Bureau Budget be amended as follows: Increase Revenues Account: A2070 Contributions to Youth - $8,500.00 Increase Expenditure Accounts: A7310 -120 Youth Program - Hrly P/T $7,900.00 A7310 -125 Youth Program - Overtime 500.00 A7310 -445 Youth Program - Travel and Mileage 100.00 Carried (9 -0) * 18.10 Youth Bureau Employee Incentive Award By Alderperson Booth: Seconded by Alderperson Johnson WHEREAS, the Youth Bureau Director has recommended Youth Program Coordinator Ric Dietrich 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 18 May 1, 1991 RESOLVED, That Ric Dietrich's salary be increased by four (4 %) percent to an annual salary of $27,079. effective March 13, 1991, and be it further RESOLVED, That the funding for such increase shall be derived from existing funds within the 1991 Youth Bureau Budget. No vote was taken on this item as Alderperson Daley requested that this matter be deferred to the Executive Session scheduled at the end of the meeting. * 18.11 City Chamberlain Request Correction to the 1991 City Tax Roll By Alderperson Booth: Seconded by Alderperson Schroeder WHEREAS, pursuant to Section 554 (sub 4A) of the Real Property Tax Law, the Director of Assessment has investigated an application for the correction of an error in essential fact by John Lee Smith, and WHEREAS, the investigation revealed that the value of 509 -13 Edgecliff Place had been changed prior to filing the final assessment roll, but the value was not corrected on the computer files, and WHEREAS, the Director of Assessment recommends that the taxable value of the property be changed from $47,600. to $13,000.; now, therefore, be it RESOLVED, That the 1991 Tax Roll for the City of Ithaca be amended to reduce the assessment of Tax Map number 52 -2 -7, and be it further RESOLVED, That the City Chamberlain is authorized and directed to make the appropriate changes to the Tax Roll and to prepare a new tax bill for this property. Carried (9 -0) * 18.12 Finance Department /Chamberlain Request Authorization to Execute Funds Transfer Agreement By Alderperson Booth: Seconded by Alderperson Peterson WHEREAS, the City of Ithaca believes it to be in its best interest to enter into an agreement with the Tompkins County Trust Company (Bank) so that the Bank may make available to the City the service of transferring available funds from deposit accounts maintained by the City at the Bank to other accounts maintained either at the Bank or elsewhere; now, therefore, be it RESOLVED, That Debra Parsons, City Chamberlain, pursuant to City Charter Section 2.22, Paragraph 2, hereby is authorized to execute on behalf of the City a Funds Transfer Agreement with the Bank in such form and content and upon such terms as she deems suitable and proper, and be it further RESOLVED, That Dominick Cafferillo as City Controller, Steven P. Thayer as Deputy City Controller, and Debra Parsons as City Chamberlain are hereby authorized to issue payment orders to the Bank in accordance with the Funds Transfer Agreement and to authenticate any payment orders received by the Bank. Carried (9 -0) * 18.13 Audit By Alderperson Booth: Seconded by Alderperson Romanowski RESOLVED, That the bills presented, as listed on Audit Abstract 8/1991 in the total amount of $15,126.61. be approved for payment. Carried (9 -0) 19 361 May 1, 1991 NEW BUSINESS• * 22.1 Potential Federal Funding for Parks By Alderperson Booth: Seconded by Alderperson Johnson RESOLVED, That the Mayor is authorized and directed to file an application on forms prescribed by the New York State Office of Parks, Recreation and Historic Preservation for financial assistance in accordance with the provision of the Land and Water Conservation Fund in an amount not to exceed $65,000., and upon approval of said request to enter into and execute a project agreement with the State for such financial assistance to this municipality for the development of the Northside Park. Discussion followed with Planning and Development Director VanCort answering questions from Council members. co A vote on the resolution resulted as follows: co M Ayes (6) - Booth, Johnson, Daley, Schroeder, Hoffman, D Peterson m Nays (3) - Cummings, Romanowski, Blanchard Q Carried CHARTER AND ORDINANCE COMMITTEE: 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 Romanowski ORDINANCE NO. 91- AN ORDINANCE AMENDING CHAPTER 65 ENTITLED "PUBLIC SAFETY" OF THE CITY OF ITHACA MUNICIPAL CODE BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, as follows: Section 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 (600e, 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) n May 1, 1991 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. 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 after having been convicted two or more times of a violation of this section within the preceding three years shall be punishable by a fine not greater than Two Hundred Dollars ($200.00) and /or 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 has been P] May 1, 1991 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 who has been convicted of a violation of any provision of this chapter two or more times within the preceding three years (wwo,e 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. (Publication date May 7, 1991) Alderperson Peterson explained that this Ordinance is back on the agenda after passage last month due to a correction that needed to co be made in the Punishment Section under G1 and a slight grammatical co correction in G2. Carried (9 -0) D M Executive Session Q On a motion made by Alderperson Daley and Seconded by Alderperson Booth, the Common Council adjourned into Executive Session at 11:35 and reconvened in Regular Session at 11:40 p.m. 18.10 Youth Bureau Employee Incentive Award By Alderperson Booth: Seconded by Alderperson Romanowski WHEREAS, the Youth Bureau Director has recommended Youth Program Coordinator Ric Dietrich 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 Ric Dietrich's salary be increased by four (4 %) percent to an annual salary of $27,079. effective March 13, 19911 and be it further RESOLVED, That the funding for such increase shall be derived from existing funds within the 1991 Youth Bureau Budget. Discussion followed on the floor. A vote on the resolution resulted as follows: Ayes (7) - Johnson, Romanowski, Blanchard, Hoffman, Peterson, Cummings, Schroeder Nays (2) - Booth, Daley Carried ADJOURNMENT: On a motion the meeting adjourned at 11:45 p.m. Callista F. Paolang i City Clerk Benjamin Nichols Mayor 22 '11,1 May 1, 1991 REPORT OF CITY BOARDS, COMMISSIONS AND COMMITTEES: Parks Commission Diane Sherman, Chair of the Parks Commission reported that the Commission will assist the Planning and Development Department with the Land and Water Fund Conservation Grant, if the Council approves the request this evening. Board of Public Works Commissioner Reeves reported to the Council on the following: Street Cleaning Signs - This matter was discussed at the Board meeting today. The Department has been trying to use signs on posts as opposed to stapling the signs to trees but a lot of the signs end up missing. The Department is still working on the problem. Juror Parking in the Seneca Street Ramp - The Board is in the process of finalizing a Memorandum of Understanding with the Sixth Judicial District that will allow people who are serving on jury duty in the Courthouse to park in the Seneca Street Ramp with daily passes. There will no longer be free parking for jurors at meters. Seneca and Green Streets Deteriorating Conditions - The condition of these streets has been brought to the attention of the State. City Engineer Gray explained that these streets are part of the State arterial system and stated that the City may be doing some of the milling work and then the State will come in and pave the streets involved. Skate Boarding - The Board continues to be concerned about skate boarding in DeWitt Park and around the ramps. There needs to be a place for youngsters to use their skateboards and that issue should be looked into at the next Capital Projects Review Committee meeting. In the meantime a "No Skateboarding" sign will -be installed in DeWitt Park. City Engineer Gray answered questions from Council members regarding street cleaning, Southwest Park, Six Mile Creek, etc. Community Police Board Ms. Sara Shenk, Chair of the Community Police Board spoke to the Council regarding the language and procedures in the Charter for the Community Police Board. COMMUNICATIONS FROM THE MAYOR: Apology to Citizens of Groton Mayor Nichols apologized to the citizens of Groton for the remark that was made at the Common Council Committee of the Whole meeting last week. It was not meant to be a derogatory remark but was said in jest. There is a written apology in the Grapevine this week. Conservation Advisory Council Certificate of Recognition Mayor Nichols reported that the Conservation Advisory Council has received a certificate of recognition from the State Department of Environmental Conservation for the work that was done in cooperation with the Department of Public Works on the stenciling of the storm drains. Reapportionment Mayor Nichols stated that the Council needs to start looking at the question of reapportionment. The County has set up their committee to study the County legislative districts and we have to do the same for the City. He asked the Charter and Ordinance Committee to work on this matter. U V I wn 343 May 1, 1991 Paul Sayvetz, 201 Elm Street Jordan Paryear, Alpine, New York Katy Walker, 211 Willow Avenue John Ewing, 327 South Geneva Street Parking Garage Mr. Guy Gerard urged Council not to rush into a decision on building a new parking garage. He said the ramps that we have now are not being used to full capacity. He further commented that we need reasonable rent protection to maintain a healthy downtown. Betsy Darlington asked Council to wait before making a decision on a parking garage and to investigate the possibility of improving public transportation. She read a letter from her husband in regard to the revitalization of downtown Ithaca. The following persons spoke to Council explaining their reasons for co being against the proposed parking garage: M David Nutter, 656 Five Mile Drive (�] Jeff Coleman, 110 North Geneva Street Q Jill Ewing, 327 South Geneva Street Allen Lambert, letter read by Alderperson Hoffman Katie Walker, 211 Willow Avenue John Ewing, 327 South Geneva Street The following persons spoke to Council in favor of the two resolutions on tonight's agenda regarding the proposed parking garage: Jim Houghton, Betsy Park, David Huckle, Albert Smith, Betty Cornish, James Byrnes, 111 Hudson Street President, Downtown Inc. representing Chamber of Commerce 707 North Cayuga Street 234 South Albany Street Leadership Committee, Downtown Visions Task Force Northside Park Vicki Romanoff, 112 West Marshall Street, representing the Northside /Cascadilla Creek Civic Association, urged Council to vote for the resolution on tonight's agenda, Item 22.1, that would enable the City Planning Department to make an application for the Land and Water Conservation Fund to provide money for land acquisition and development of a neighborhood park on one -third of the Pogo Parcel, also including the Lake Avenue road bed and the creek banks. Dan Kramer, 601 Willow Avenue, urged Council support for the proposed Park on the Northside. REPORT OF BOARD OF REPRESENTATIVES: First Ward Representative Lerner reported to Council on the following matters: Airport Terminal - The County now has a final design for the proposed new airport terminal. Raccoon Rabies - There are three counties contiguous to Tompkins that have had identified cases of raccoon rabies. The County Board of Health has now mandated that cats have to be vaccinated against rabies. Systematic Reviews of County Departments - The County is moving forward with what is going to be an ongoing process of doing systematic reviews of the goals, functions and services provided by various County departments. 3 May 1, 1991 WHEREAS, this recommendation was made because of the many advantages of this location including its impact on the revitalization of West State Street, its superior traffic circulation characteristics, and the beneficial impacts it will have on urban form, now, therefore be it RESOLVED, that this Common Council does endorse, in concept, that Block 14 be designated as the preferred location for a parking garage in the Central Business district if such facility is to be constructed. Extensive discussion followed on the floor with Alderpersons stating their reasons for or against the resolution. Alderperson Romanowski suggested that the words "the preferred location" be deleted from the Resolved clause and the words "a study site" be inserted. No Council member objected. Further discussion followed on the floor. Alderperson Hoffman, after explaining his reasons for doing so, offered the following substitute resolution: Substitute Resolution By Alderperson Hoffman: Seconded by Alderperson Golder WHEREAS, the Downtown Vision Task Force has recommended the construction of a new, 600 -space parking garage on West State Street, and WHEREAS, Common Council needs more information concerning costs and financial impacts on the City budget, as well as public opinion of the need for and desirability of the proposed garage before it can make a decision on a project of this scale and impact; now, therefore, be it RESOLVED, That the Mayor is authorized and directed to appoint a Parking Garage Research Committee, which shall represent a spectrum of opinions and interests, the composition of which is to be as follows: 2 members from Common Council 1 member from the Board of Public Works 1 member from the Planning and Development Board 5 members at large Planning and Development Director (ex- officio) City Controller (ex- officio) and be it further RESOLVED, That the tasks of the committee shall be: 1) to undertake appraisals of the properties on the block bounded by West State, Geneva, Seneca and Albany Streets ( "Block 14") ; 2) to gather the best available cost comparisons for attractive and durable facilities of comparable scale recently constructed elsewhere; 3 ) to compile projections of the total and annual cost of such a project - to users of the garage, to property owners participating in a Central Business District benefit assessment district, and to City taxpayers; 4) to survey affected property owners as to their willingness to pay a special benefit assessment for this project; 5) to outline the scope and timetable for environmental review of the project prior to a Common Council decision; C 345 May 1, 1991 Parking Gara a Issue Mayor Nichols remarked that the whole point of the Downtown Vision effort was to get a broad look at all the related questions. There would be no point in talking about the garage on West State Street if we weren't also talking about the revitalization of West State Street including zoning changes which would make the need for parking much greater. He stated that we are and will be moving on (�Mloel all fronts, reducing demand through 'Park and Ride', public transit, better facilities for bicycles and walking, at the same time as we make the provisions for parking. He urged Council to support both of the resolutions on tonight's agenda dealing with the Parking Garage Committee and Downtown Vision Task Force recommendations so that we will have facts to base our decisions on. CITY ATTORNEY'S REPORT: Co Sale of City Property City Attorney Guttman requested that there be a short Executive Session at the end of the meeting to discuss the possible sale of City property. m Q Atrium Space Alderperson Hoffman stated that the City entered into certain agreements with Center Ithaca when it was constructed about the use of the Atrium. He said that it appears that there is a commercial structure now in the Atrium selling donuts and he asked City Attorney Guttman to look into whether that is in violation of the intent of the agreement. City Attorney Guttman stated that he will look into the matter and report back to Alderperson Hoffman. (,,woe PLANNING AND DEVELOPMENT COMMITTEE: 1991 Department Work Program Report Alderperson Hoffman reported that the Planning Department is almost finished with the Work Plan for 1991 and it should be ready for Council in June. Bicycle Advisory Council Report Alderperson Hoffman reported that the Bicycle Advisory Council has released a draft of a City bicycle policy plan and routes along City streets. The committee has asked the Bicycle Advisory Council to circulate the draft to concerned departments and other boards to get comments before the Planning and Development Committee takes action on it. * 15.3 Central Business District Parking Garage Location By Alderperson Hoffman: Seconded by Alderperson Daley WHEREAS, the city hired Rich and Associates to conduct a study of parking in the Central Business District and the report suggested several feasible locations, and WHEREAS, the Committee appointed by the Mayor to act as client for the Rich study recommended the block surrounded by Geneva, Albany, (4wo" State and Seneca Streets known as Block 14 as the preferred location for the proposed new parking facility, and WHEREAS, the Downtown Vision Task Force subcommittee on parking studied some 23 different locations and configurations for parking structures in the Central Business District, and WHEREAS, the Downtown Vision Task Force recommended Block 14 as the best location for a new parking facility in the Central Business District, and 5 2 members from Common Council 1 member from the Board of Public Works 1 member from the Planning and Development Board 5 members at large Planning and Development Director (ex- officio) Superintendent of Public Works (ex- officio) City Attorney (ex- officio) City Controller (ex- officio) and be it further May 1, 1991 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 Vision Task Force and, subject to the approval of Common Council, will issue such requests for proposals, and be it further RESOLVED, that the Committee will undertake appraisals of the properties on the site and such other studies as may be appropriate. It will make recommendations to Common Council on any decisions regarding the new parking facility, and be it further RESOLVED, that the cost of the new structure shall be divided among properties benefitted by the structure, fees paid by users and the city general fund, 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. Extensive discussion followed on the floor regarding combining Alderperson Hoffman's resolution with the resolution presently before Council. Amending Resolution By Alderperson Schroeder: Seconded by Alderperson Daley RESOLVED, That the Second Resolved Clause of Alderperson Hoffman's substitute resolution be inserted as the Second Resolved Clause of the Original Resolution and that it read as follows: "RESOLVED, That the tasks of the Committee shall include: 1) undertaking appraisals of the properties on the block bounded by West State, Geneva, Seneca and Albany Streets ( "Block 1411); 2) gathering the best available cost comparisons for attractive and durable facilities of comparable scale recently constructed elsewhere; 3) compiling projections of the total and annual cost of such a project - to users of the garage, to property owners participating in a Central Business District benefit assessment district, and to City taxpayers; 4) surveying affected property owners as to their willingness to pay a special benefit assessment for this project; 5) outlining the scope and timetable for environmental review of the project prior to a Common Council decision; 6) conducting at least two public hearings on the proposed project and the proposed means of financing it; and be it further RESOLVED, That the Fourth Resolved Clause of Alderperson Hoffman's substitute resolution be inserted as the Third Resolved Clause in the Original Resolution, with the words "from 200 to 600 spaces" deleted, and that the words "as its initial task" be removed from I 637 May 1, 1991 6) to conduct at least two public hearings on the proposed project and the proposed means of financing it; and be it further RESOLVED, That the Committee shall prepare cost estimates for both the "Woolworth's Lot" and for "Block 1411, and be it further (*A� RESOLVED, That the committee 00 to prpare cost estimates for a for structures with and range of sizes, from 2 p without retail spaces on the ground floor, and be it further RESOLVED, That the Committee shall assume that the goal of the project is "financial self- sufficiency," and that the share of total annual costs (including debt payments) to be carried by City taxpayers as a whole shall not exceed 20% in the first year, and shall decline in steps to zero over the next ten years. LO Discussion followed regarding the substitute resolution. A vote on the Substitute Resolution resulted as follows: m Ayes (5) - Johnson, Booth, Golder, Hoffman, Peterson Q Nays (5) - Daley, Romanowski, Blanchard, Cummings, Schroeder Mayor Nichols voted Nay, breaking the tie. Motion Fails Discussion followed regarding the Main Motion, with Mayor Nichols explaining his reasons for voting against the Substitute Resolution. He recommended that much of Alderperson Hoffman's Substitute Motion be included in the next motion on the agenda. (44� Main Motion A vote on the Main Motion resulted as follows: Ayes (6) - Johnson, Romanowski, Blanchard, Daley, Cummings, Schroeder Nays (4) - Peterson, Hoffman, Booth, Golder Carried * 15.4 Central Business District Parkinq Garage Committee By Alderperson Hoffman: Seconded by Alderperson Daley 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 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 hereby RESOLVED, that the Mayor is authorized and directed to appoint a Central Business District Parking Garage Committee the composition of which is to be as follows: 7 50 May 1, 1991 5) outlining the scope and timetable for environmental review of the project prior to a Common Council decision; 6) conducting at least two public hearings on the proposed project and the proposed means of financing it; and be it further RESOLVED, That the committee shall prepare cost estimates for a range of sizes and for structures with and without retail space on the ground floor, and be it further RESOLVED, that the Committee will prepare Requests for Qualifications for architectural concept studies and cost estimates for a parking facility on the site recommended by the Downtown Vision Task Force and, subject to the approval of Common Council, will issue such requests for qualifications, and be it further RESOLVED, that the Committee will make such other studies as may be appropriate. It will make recommendations to Common Council on any decisions regarding the new parking facility, and be it further RESOLVED, that the cost of the new structure shall be divided among properties benefitted by the structure, fees paid by users and the city general fund, 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 with Planning and Development Director VanCort answering questions from Council members. A vote on the Main Motion as Amended resulted as follows: Ayes (6) - Johnson, Cummings, Daley, Romanowski, Blanchard, Schroeder Nays (4) - Hoffman, Booth, Peterson, Golder Carried NEW BUSINESS• Strand Theatre By Alderperson Golder: Seconded by Alderperson Hoffman WHEREAS, at its March 6, 1991 meeting, Common Council resolved to sell the City's interest in the Strand Theatre and to accept bids with a deadline of June 3, 1991, and WHEREAS, Historic Ithaca has submitted an application for a grant from New York State for the purpose of rehabilitating the Strand, and WHEREAS, New York State may not make a decision on the grant until the Fall of 1991, and WHEREAS, Common Council previously delayed the date of the proposed sale in order to wait until Historic Ithaca received a decision on its grant application; now, therefore, be it RESOLVED, That Common Council temporarily delay the process of selling the Strand until Historic Ithaca receives a decision on the grant from New York State. Amending Resolution By Alderperson Daley: Seconded by Alderperson Schroeder RESOLVED, That the Resolved Clause read as follows: 10 m Q May 1, 1991 what would now be the Fourth Resolved and the words "undertake appraisals of the properties on the site and" be deleted in what would now be the Fifth Resolved Clause and the word "make" be inserted before the words "such other studies ". Discussion followed on the floor. A vote on the Amending Resolution resulted asC follows: Unanimously Alderperson Blanchard recommended that the words "Requests for Proposals" be deleted in the new Fourth Resolved Clause and the words "Requests for Qualifications" be inserted in its place. No Council member objected. Main Motion as Amended The Main Motion as Amended shall read as follows: 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 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 hereby RESOLVED, that the Mayor is authorized and directed to appoint a Central Business District Parking Garage Committee the composition of which is to be as follows: 2 members from Common Council 1 member from the Board of Public Works 1 member from the Planning and Development Board 5 members at large Planning and Development Director (ex- officio) Superintendent of Public Works (ex- officio) City Attorney (ex- officio) City Controller (ex- officio) and be it further RESOLVED, That the tasks of the Committee shall include: 1) undertaking appraisals of the properties on the block bounded by West State, Geneva, Seneca and Albany Streets ( "Block 14 "); 2) gathering the best available cost comparisons for attractive and durable facilities of comparable scale recently constructed elsewhere; 3) compiling projections of the total and annual cost of such a project - to users of the garage, to property owners participating in a Central Business District benefit assessment district, and to City taxpayers; 4) surveying affected property owners as to their willingness to pay a special benefit assessment for this project; N 11 c) 2 May 1, 1991 * 15.6 1991 Community _Development Block Grant By Alderperson Hoffman: Seconded by Alderperson Daley WHEREAS, Common Council recognizes the need to continue efforts which enhance and preserve residential neighborhoods, promote affordable housing, encourage job creation and retention, and increase the level of public service in the City of Ithaca, and WHEREAS, the program and budget for the proposed Community Development Block Grant application have been reviewed by the Community Advisory Committee, adopted by the Ithaca Urban Renewal /Community Development Agency and endorsed by the Planning and Development Committee of Common Council, now, therefore be it RESOLVED, that the Common Council approve the 1991 Community Development Block Grant $600,000 budget and programs as recommended by the IURA /CDA and the Planning and Development Committee, and be it further RESOLVED, that the Mayor to sign upon advice of Planning and Development submit the City's 1991 United Stated Department be and hereby is authorized and directed the City Attorney and the Director of any and all instruments necessary to 2ommunity Development application to the of Housing and Urban Development. Carried (9 -0) Alderperson Romanowski out of room at time of vote. * 15.7 Reprogramming of 1987 Small Cities Housing Funds By Alderperson Hoffman: Seconded by Alderperson Daley WHEREAS, the Planning and Development Committee of Common Council, the Community Development Agency, and the Community Advisory Committee have recommended the proposed reprogramming of the remaining 1987 Community Development Block Grant (CDBG) funds intended for loans to West Hill homeowners to the 1990 Henry St. John wheelchair ramp project, now, therefore, be it RESOLVED, that the Common Council approve the reprogramming of $171777 in the 1987 Community Development Block Grant homeowner loans to the INNS Henry St. John wheelchair ramp project. Carried (9 -0) Alderperson Romanowski out of room at time of vote. Recess Common Council recessed at 10:20 p.m. and reconvened in regular session at 10:35 p.m. * 15.5 Downtown Vision Task Force Recommendations By Alderperson Hoffman: Seconded by Alderperson Schroeder RESOLVED, that Common Council approves the assignment of the Downtown Vision Task Force recommendations to the boards and committees noted therein. The committees and boards receiving such assignments are asked to report their recommendations or actions to Common Council as soon as feasible, and be it further RESOLVED, that the Director of Planning and Development is directed to inform each board and committee so named of its assignments. Discussion followed on the floor. It was the consensus of Council that Item 5 on Page 105 of the "Secondary Recommendations" be changed to read Planning and Development Committee. A vote on the resolution resulted as follows: Carried Unanimously 12 May 1, 1991 "RESOLVED, That if the State does not announce its decision regarding EQBA Grants by June 3rd, Common Council shall temporarily delay the process, etc." Discussion followed on the floor, with City Attorney Guttman giving direction to the Council. (awo, After Alderperson Daley withdrew his amendment, Alderperson Cummings offered the following: Amendinq Resolution By Alderperson Cummings: Seconded by Alderperson Daley RESOLVED, That the Resolved Clause read as follows: "RESOLVED, That Common Council delay the deadline for receiving bids for selling the City's interest in the Strand until October 1, 1991." co Discussion followed on the floor. Executive Session D By Alderperson Booth: Seconded by Alderperson Daley (x] RESOLVED, That the Common Council adjourn into Executive Session Q at 10:05 p.m. to discuss the matter of the sale of the City's interest in the Strand Theatre. Carried Unanimously Regular Session The Common Council reconvened in Regular Session at 10:17 p.m. Discussion resumed on the matter of the sale of the Strand Theatre. A vote on the amending resolution resulted as follows: Ayes (7) - Johnson, Cummings, Daley, Golder, Hoffman, Peterson, Schroeder Nays (3) - Romanowski, Blanchard, Booth Carried Main Motion as Amended WHEREAS, at its March 6, 1991 meeting, Common Council resolved to sell the City's interest in the Strand Theatre and to accept bids with a deadline of June 3, 1991, and WHEREAS, Historic Ithaca has submitted an application for a grant from New York State for the purpose of rehabilitating the Strand, and WHEREAS, New York State may not make a decision on the grant until the Fall of 1991, and WHEREAS, Common Council previously delayed the date of the proposed sale in order to wait until Historic Ithaca received a decision on its grant application; now, therefore, be it 11 RESOLVED, That Common Council delay the deadline for receiving bids for selling the City's interest in the Strand until October 1, 1991. A vote on the Main Motion as Amended resulted as follows: Ayes (7) - Johnson, Cummings, Daley, Golder, Hoffman, Peterson, Schroeder Nays (3) - Romanowski, Blanchard, Booth Carried 11 A vote on the resolution resulted as follows: May 1, 1991 Carried Unanimously * 17.4 Criteria for Funding Human Services Agencies By Alderperson Johnson: Seconded by Alderperson Blanchard WHEREAS, the City of Ithaca will consider appropriating a portion of its 1992 general operating funds for contracts with local human service agencies, and WHEREAS, the Human Services Coalition is funded in part by the City of Ithaca to provide an objective overview of human services needs and provision, and to evaluate requests for City support; now, therefore, be it RESOLVED, That all 1992 requests for city funding from private agencies seeking to provide non - mandated human services shall be submitted to the Human Services Coalition for review by their time deadlines, and be it further RESOLVED, That the Coalition shall report its findings to the Human Services Committee of Common Council by August 15, 1991, and be it further RESOLVED, That the following criteria shall be used by the Coalition in its review of requests: A -1. The application shall be received by the Human Services Coalition by Thursday, May 23, 1991 and the applicant must complete the Human Services Coalition review process in a timely manner. A -2. An application may be reviewed either through the Human Services Coalition review for human services proposals, or through the process review for other types of proposals, but not both. A -3. The applicant must also request funding from the County and appropriate town(s) if more than 5% of those served by the proposal are not city residents. A -4 Applicant must submit the following materials: budgets for 1991 and 1992, financial report for 1990, and enumeration of other funding sources. A -5. If the applicant received city funds in 1991, the applicant shall have demonstrated that they performed effectively under the contract. B. The Coalition shall award points for the degree to which the proposal meets the established criteria, on a scale of 1 to 5, 5 being the most desirable rating, for each criterion; if applicant does not supply sufficient information for Coalition to make a judgment, the proposal receives zero points in such case. B -1. Applications from agency programs in operation prior to January 1990 shall be evaluated according to the following criteria: a. Proposal will serve city residents in proportion to city funding requested compared to total program budget. b. The proposal will serve an identified need which does not duplicate another service, with higher points allocated in proportion to the severity of the problem in the city. c. The proposal demonstrates that the service has effectively met the needs of its clients; proposal includes measurable objectives. 14 0 I Fn CD M D CID Q 35:3 May 1, 1991 HUMAN SERVICES COMMITTEE: * 17.2 1992 Human Services Plan By Alderperson Hoffman: Seconded by Alderperson Schroeder WHEREAS, the City wishes to fund human services, providing that they have met the City's review criteria and the Human Services Coalition process and provide a service as identified under the City of Ithaca Human Services Plan; now, therefore, be it RESOLVED, That the following areas of human services are identified as crucial to the provision of a good quality of life for all Ithacans, and that the City may meet the need for these services through contracts with specific agencies. HUMAN SERVICES PLAN - 1992 1. Emergency food, clothing, supplies 2. Temporary shelter 3. Child care 4. Skills development and education 5. Transportation - seniors, disabled 6. Housing assistance for low -mod income 7. Assistance to low income for basic needs 8. Youth services 9. Senior citizens services 10. Crisis and dispute resolution 11. Assistance to persons in distress 12. Preventive and supportive health services 13. Health and safety in the work place 14. Job retention - keeping and increasing the jobs in Ithaca Discussion followed on the floor. number of well paid A vote on the resolution resulted as follows: Carried Unanimously * 17.3 Human Services Coalition Work Plan By Alderperson Johnson: Seconded by Alderperson Golder WHEREAS, the City of Ithaca has demonstrated a long standing commitment to the funding of human services, and WHEREAS, federal and New York State funding resources have been eliminated and severely decreased, and WHEREAS, it is becoming increasingly difficult to find fiscal resources to fund human services programs; now, therefore, be it RESOLVED, That, in 1991, the Tompkins County Human Services Coalition be requested to: 1. Continue efforts to streamline application and review processes among the City /County Human Service Grants, TC Youth Bureau, United Way and other funders. 2. Work with the City of Ithaca and human service agencies to (4w" explore various alternative funding sources in addition to City funding of human services; and encourage human services agencies to apply for funding from other municipalities in Tompkins County, as may be appropriate. 3. Review and make recommendations re City Human Service Grants; and 4. Develop Human Service Impact statement in relation to state budget cuts of public and private human service programs. Discussion followed on the floor. 13 o l) May 1, 1991 BUDGET AND ADMINISTRATION COMMITTEE: * 18.1 Request to Authorize Funds to Pursue Litigation By Alderperson Booth: Seconded by Alderperson Peterson RESOLVED, That an amount not to exceed $1,500. shall be transferred from account A1990 Unrestricted Contingency to account A1420 -435 City Attorney Contractual Services, in order to engage the law firm of Ben and Young to represent the City in a tax litigation action brought against the City in Nevada. Carried (9 -0) * 18.2 Request Increase in Authorization and _Financing of City Court Facility Capital Project #242 By Alderperson Booth: Seconded by Alderperson Daley WHEREAS, after an intensive review of six conceptual design options for the location and construction of a City Court Facility, the Court Facility Review Committee has recommended that a new building be constructed on the existing Hall of Justice Site, and WHEREAS, upon review of the program requirements by the Office of Court Administration, the overall size of the Facility was adjusted to conform with current Court standards, thereby increasing the total projected cost of said project, and WHEREAS, after refining the conceptual design of the renovation to the existing Hall of Justice to better service Police Department needs, and incorporating all design fees, construction supervision fees and construction contingencies, and WHEREAS, a pedestrian foot bridge over Six Mile Creek, connecting the Court facility to the City parking lot adjacent to the new County Mental Health Facility, at an estimated cost of $123,000., has increased the overall project cost of the project; now, therefore, be it RESOLVED, That as a result of all the aforementioned adjustments to the scope of the Court Facility /Hall of Justice reconstruction project, the maximum estimated cost of said project shall hereby be increased from $2,000,000. to $2,600,000., and be it further RESOLVED, That the financing plan for the additional authorization of $600,000. shall be established as follows: A. Statutory down payment of $25,000. shall be appropriated from Capital Reserve #25 for energy conservation projects relating to renovation of the Hall of Justice, and the balance of $5,000. from Capital Reserve #4 for Bridges, relating to the construction of the pedestrian bridge over Six Mile Creek. B. The balance of the total authorization of $570,000. shall be provided from the issuance of Serial Bonds. Discussion followed on the floor with City Controller Cafferillo answering questions from Council members. Alderperson Booth suggested that there be a final Whereas Clause to read as follows: "WHEREAS, The Court Facility Review Committee has suggested preliminary figures for the Court facility and Police Department Budget, as shown on the 'Court Facility and Police Department Preliminary Budget' 'sheet." (Budget sheet attached) No Council member objected, therefore the Whereas Clause was added to the resolution. A vote on the resolution as amended resulted as follows: Carried (9 -0) I 3 15t� May 1, 1991 d. The agency has been effective in managing needed fiscal resources and in containing costs, e.g. developed internal controls, invested reserves, reduced overhead expenses, instituted cooperative efforts. e. Population to be served by proposal can be shown to be a population in financial need (i.e. federal poverty guidelines). f. Agency has thoroughly sought and secured other sources of funding. g. Agency has demonstrated extreme financial need for itself due to increased case load or loss of funding. h. The request for city funding is less than half of that requested for county funding. co M. B -2 Applications from agency programs that began operating after January 1990 shall be evaluated according to the following m criteria: Q a. Proposal will serve /target city residents in proportion to city funding requested compared to total program budget. b. The proposal addresses an identified need which does not duplicate another service, with higher points allocated in proportion to the severity of the problem in the city. c. Agency has the expertise and a realistic plan to meet the identified client needs. p d. Proposal includes measurable objectives developed to demonstrate the effectiveness of the service. e. The agency has plans and policies in place to manage needed fiscal resources and to contain costs, e.g. is developing internal controls, seeking other funds, minimizing overhead expenses, instituting cooperative ventures. f. Population to be served /targeted by proposal is in financial need. g. Agency has thoroughly sought and secured other sources of funding. h. The request for city funding is less than half of that requested for county funding, and be it further RESOLVED, That the Human Services Coalition shall review all proposals that meet criteria A -1 through A -4, shall recommend whether each request should be fully or partially funded, and shall consider both new and previously funded agencies, and shall inform (60"e the applicant of the Coalition's recommendation and make a copy of such report available to the applicant, and be it further RESOLVED, That the Human Services Coalition will evaluate and update its plan to reduce by 25% the total time and money agencies must spend on local review by funders for the 1992 funding cycle and by 25% for the 1993 funding cycle. Carried Unanimously Alderperson Golder left the meeting at 11:00 p.m. 15 357 COURT FACILITY AND POLICE DEPARTMENT PRELIMINARY BUDGET COURT FACILITY Construction Cost $11350,000 Contingency 1351000 Telephone Allowance 5,000 A/E Fees 155,000 Construction Management 44,550 Reimbursables, Testing, etc. 14,000 Subtotal Court $1,703,550 Court House FFE $106,600 TOTAL COURT FACILITY $1,810,150 POLICE DEPARTMENT Police Building Renovations $201,500 Contingency 20,000 Telephone Equipment 10,000 A/E Fees 341000 Construction Management 6,650 Reimbursables, Testing, Inc. 4,000 Subtotal Building Renovation $276,150 Police Department FFE $77,700 TOTAL POLICE DEPARTMENT $567,350 PEDESTRIAN BRIDGE Construction Cost $95,000 Contingency 9,500 A/E Fees 11,000 Construction Management 3,135 Reimbursables, Testing, etc. 4,500 TOTAL PEDESTRIAN BRIDGE $123,135 MISCELLANEOUS Closing Cost, Interim Interest $701000 Contingencies 501000 TOTAL MISCELLANEOUS EXPENSES $120,000 TOTAL PROJECT COST $2,620,635 Architectural Fees Through Bid Documents Court $125,000 Police Department 47,000 Pedestrian Bridge 11,000 Subtotal $183,000 Reimbursables 12,500 TOTAL ARCHITECTURAL FEES THROUGH BID DOCUMENTS $195,500 J 10A CD Base Building Upgrade $165,000 M Contingency 16,500 A/E Fees Construction 25,000 Management 5,500 (n Reimbursables 1,500 Q Subtotal Base Building $213,500 Police Building Renovations $201,500 Contingency 20,000 Telephone Equipment 10,000 A/E Fees 341000 Construction Management 6,650 Reimbursables, Testing, Inc. 4,000 Subtotal Building Renovation $276,150 Police Department FFE $77,700 TOTAL POLICE DEPARTMENT $567,350 PEDESTRIAN BRIDGE Construction Cost $95,000 Contingency 9,500 A/E Fees 11,000 Construction Management 3,135 Reimbursables, Testing, etc. 4,500 TOTAL PEDESTRIAN BRIDGE $123,135 MISCELLANEOUS Closing Cost, Interim Interest $701000 Contingencies 501000 TOTAL MISCELLANEOUS EXPENSES $120,000 TOTAL PROJECT COST $2,620,635 Architectural Fees Through Bid Documents Court $125,000 Police Department 47,000 Pedestrian Bridge 11,000 Subtotal $183,000 Reimbursables 12,500 TOTAL ARCHITECTURAL FEES THROUGH BID DOCUMENTS $195,500 J 10A May 1, 1991 * 18 .3 Request Authorization to Contract for City Court Facility Architectural Design By Alderperson Booth: Seconded by Alderperson Daley RESOLVED, That the Mayor be authorized to execute architectural agreements up to an amount not to exceed $183,000 plus $12,500 in reimbursable expenses, for services related to final design and preparation of bid documents and specifications through review and award of said construction projects with respect to the City Court Facility and Police Department renovations. Carried (9 -0) * 18.4 Authorize Mayor to Sign Contract for Urban Design Study By Alderperson Booth: Seconded by Alderperson Schroeder WHEREAS, the New York State Council for the Arts has approved a grant application for an Urban Design Study in the amount of $7,500 for each of the years 1991 and 1992, and WHEREAS, the 1991 Restricted Contingency includes $10,000. to be applied toward the local match for this two year grant, and WHEREAS, the Planning Department wishes to increase the maximum allowable cost of said study by $2,500. in 1991, and by an additional $2,500. in 1992, for a total cost not to exceed $30,000 overall; now, therefore, be it RESOLVED, That the Mayor be authorized to execute an agreement with Roger Trancik for the preparation of said study for an amount not to exceed $30,000., and be it further RESOLVED, That any City obligations under this agreement, including any payments beyond the 1991 amended budget amount of $20,000., are wholly contingent upon receipt of the second installment of $7,500. from NYS Council for the Arts and the allocation of the final $2,500. by Common Council in the 1992 budget. Discussion followed on the floor. Alderperson Hoffman explained that he would be voting against the resolution as he felt the City's intention was to limit the amount spent on this project. A vote on the resolution resulted as follows: Ayes (8) - Booth, Peterson, Johnson, Romanowski, Blanchard, Cummings, Daley, Schroeder Nay (1) - Hoffman Carried * 18.5 Request to Amend the 1991 DPW Authorized Equipment List By Alderperson Booth: Seconded by Alderperson Blanchard WHEREAS, the Department of Public Works wishes to improve the accuracy of billing information related to the Septage Handling Program operated at the Ithaca Area Wastewater Treatment Facility, and WHEREAS, the Intermunicipal billing rate for septage processing includes an allowance for recovery of maintenance costs and minor improvements made to the Septage Receiving Station, and WHEREAS, the Special Joint Subcommittee (SJS) recommends the acquisition of flow measuring equipment to correct this operational deficiency; now, therefore, be it RESOLVED, That the 1991 authorized equipment list for the Joint Activity Fund be amended to include such flow measurement equipment at a cost not to exceed $3,500., and be it further RESOLVED, That $3,500. be transferred from account J1990 Unrestricted Contingency to account J8150 -225 Other Equipment to fund said purchase. Carried (9 -0) 17 359 May 1, 1991 * 18.6 DPW /WWTP - Request to Amend the 1991 WWTP Budget By Alderperson Booth: Seconded by Alderperson Blanchard WHEREAS, the Southern Cayuga Lake Intermunicipal Water Commission (Bolton Point) has determined that the 1989 -90 water consumption information provided to the SJS and ultimately used as a basis for distributing the 1991 cost of operation and maintenance of the Ithaca Area Wastewater Treatment Plant, was overstated as a result (600,1 of a meter malfunction by approximately $25,000.; now, therefore, be it RESOLVED, That the related shortfall in revenues shall be offset by reducing the appropriation for Unrestricted Contingencies within the 1991 Joint Activity Fund budget. Carried (9 -0) * 18.7 Finance Department /Personnel - Request to Establish Salary Range for Building Commissioner and Personnel Administrator CO By Alderperson Booth: Seconded by Alderperson Peterson (j7 RESOLVED, That the 1991 salary range for the positions of Building Commissioner and Personnel Administrator be and hereby is adjusted m to $34,601. - $51,218. Q Carried (9 -0) * 18.8 Police Department _ Request to Amend Personnel Roster By Alderperson Booth: Seconded by Alderperson Schroeder RESOLVED, That the Personnel Roster of the Police Department be and hereby is amended as follows: Delete: One (1) Police Officer Add Two (2) Typists (wool Carried (9 -0) * 18.9 Request to Amend 1991 Youth Bureau Budget By Alderperson Booth: Seconded by Alderperson Johnson WHEREAS, the City of Ithaca Youth Bureau has received a $8,500.00 grant by the Department of Maintenance and Service Operations at -Cornell University for the coordination of the ON TOP Program, and WHEREAS, the summer job training program will be targeted towards twelve minority and female students who will be employed in a variety of non - traditional occupations; now, therefore, be it RESOLVED, That the 1991 Youth Bureau Budget be amended as follows: Increase Revenues Account: A2070 Contributions to Youth - $8,500.00 Increase Expenditure Accounts: A7310 -120 Youth Program - Hrly P/T $7,900.00 A7310 -125 Youth Program - Overtime 500.00 A7310 -445 Youth Program - Travel and Mileage 100.00 (4000� Carried (9 -0) * 18.10 Youth Bureau Employee Incentive Award By Alderperson Booth: Seconded by Alderperson Johnson WHEREAS, the Youth Bureau Director has recommended Youth Program Coordinator Ric Dietrich 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 18 : 610 May 1, 1991 RESOLVED, That Ric Dietrich's salary be increased by four (4 %) percent to an annual salary of $27,079. effective March 13, 1991, and be it further RESOLVED, That the funding for such increase shall be derived from existing funds within the 1991 Youth Bureau Budget. No vote was taken on this o the Exec at Pe Session eschedulede that this matter be deferred at the end of the meeting. * 18.11 City Chamberlain Request Correction to the 1991 City Tax Roll By Alderperson Booth: Seconded by Alderperson Schroeder WHEREAS, pursuant to Section 554 (sub 4A) of the Real Property Tax Law, the Director of Assessment has investigated an application for the correction of an error in essential fact by John Lee Smith, and WHEREAS, the investigation revealed that the value of 509 -13 Edgecliff Place had been changed prior to filing the final assessment roll, but the value was not corrected on the computer files, and WHEREAS, the Director of Assessment recommends that the taxable value of the property be changed from $47,600. to $13,000.; now, therefore, be it RESOLVED, That the 1991 Tax Roll for the City of Ithaca be amended to reduce the assessment of Tax Map number 52 -2 -7, and be it further RESOLVED, That the City Chbtolthe TaxaRollranddtonpreparetadnew make the appropriate changes tax bill for this property. Carried (9 -0) * 18.12 Finance Department /Chamberlain Request Authorization to Execute Funds _Transfer Agreement By Alderperson Booth: Seconded by Alderperson Peterson WHEREAS, the City of Ithaca believes it to be in its best interest to enter into an agreement with the Tompkins County Trust Company (Bank) so that the Bank may make available to the City the service of transferring available funds from deposit accounts maintained by the City at the Bank to other accounts maintained either at the Bank or elsewhere; now, therefore, be it RESOLVED, That Debra Parsons, City Chamberlain, pursuant to City Charter Section 2.22, Paragraph 2, hereby is authorized to execute on behalf of the City a Funds Transfer Agreement with the Bank in such form and content and upon such terms as she deems suitable and proper, and be it further RESOLVED, That Dominick Cafferillo as City Controller, Steven P. Thayer as Deputy City Controller, and Debra Parsons as City Chamberlain are hereby authorized to issue payment orders to the Bank in accordance with the Funds Transfer Agreement and to authenticate any payment orders received by the Bank. Carried (9 -0) * 18.13 Audit By Alderperson Booth: Seconded by Alderperson Romanowski RESOLVED, That the bills presented, as listed on Audit Abstract 8/1991 in the total amount of $15,126.61. be approved for payment. Carried (9 -0) 19 CD M D In a 361 May 1, 1991 NEW BUSINESS• * 22.1 Potential Federal Funding for Parks By Alderperson Booth: Seconded by Alderperson Johnson RESOLVED, That the Mayor is authorized and directed to file an application on forms prescribed by the New York State Office of Parks, Recreation and Historic Preservation for financial assistance in accordance with the provision of the Land and Water Conservation Fund in an amount not to exceed $65,000., and upon approval of said request to enter into and execute a project agreement with the State for such financial assistance to this municipality for the development of the Northside Park. Discussion followed with Planning and Development Director VanCort answering questions from Council members. A vote on the resolution resulted as follows: Ayes (6) - Booth, Johnson, Daley, Schroeder, Hoffman, Peterson Nays (3) - Cummings, Romanowski, Blanchard Carried CHARTER AND ORDINANCE COMMITTEE: 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 Romanowski ORDINANCE NO. 91- AN ORDINANCE AMENDING CHAPTER 65 ENTITLED "PUBLIC SAFETY" OF THE CITY OF ITHACA MUNICIPAL CODE BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, as follows: Section 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 (awoll 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) n 36`? May 1, 1991 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. 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 after having been convicted two or more times of a violation of this section within the preceding three years shall be punishable by a fine not greater than Two Hundred Dollars ($200.00) and /or 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 has been J May 1, 1991 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 who has been convicted of a violation of any provision of this chapter two or more times within the preceding three years co,� 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. (Publication date May 7, 1991) Alderperson Peterson explained that this Ordinance is back on the agenda after passage last month due to a correction that needed to (� be made in the Punishment Section under G1 and a slight grammatical co correction in G2. --� Carried (9 -0) LM Executive Session Q On a motion made by Alderperson Daley and Seconded by Alderperson Booth, the Common Council adjourned into Executive Session at 11:35 and reconvened in Regular Session at 11:40 p.m. 18.10 Youth Bureau Employee Incentive Award By Alderperson Booth: Seconded by Alderperson Romanowski WHEREAS, the Youth Bureau Director has recommended Youth Program Coordinator Ric Dietrich for an Employee Incentive Award pursuant to the terms of the CSEA Administrative Unit Contract, and (6wo,� 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 Ric Dietrich's salary be increased by four (4 %) percent to an annual salary of $27,079. effective March 13, 1991, and be it further RESOLVED, That the funding for such increase shall be derived from existing funds within the 1991 Youth Bureau Budget. Discussion followed on the floor. A vote on the resolution resulted as follows: Ayes (7) - Johnson, Romanowski, Blanchard, Hoffman, Peterson, Cummings, Schroeder Nays (2) - Booth, Daley Carried ADJOURNMENT: on a motion the meeting adjourned at 11:45 p.m. Callista F. Paolang i City Clerk 22 . / Z, L Benj min Nichols Mayor