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