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HomeMy WebLinkAboutMN-CC-1991-07-03Co M D m a COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 7:00 P.M. July 3, 1991 PRESENT: Mayor Nichols Alderpersons (9) - Booth, Johnson, Romanowski, Daley, Peterson, Hoffman, Golder, Schroeder, Blanchard ABSENT: Alderperson Cummings OTHERS PRESENT: City Clerk - Paolangeli City Attorney - Guttman City Controller - Cafferillo Deputy City Controller - Thayer Planning and Development Deputy Police Chief - McEwen Fire Chief - Olmstead Acting Building Commissioner - Director - Sieverding Eckstrom Personnel Administrator - Saul Youth Bureau Director - Cohen Board of Public Works Commissioners - Reeves, Berg Tompkins County Board of Representatives - Lerner PLEDGE OF ALLEGIANCE: Mayor Nichols led all present in the Pledge of Allegiance to the American flag. MINUTES: Approval of Minutes of the June 5, 1991 Common Council Meetina By Alderperson Daley: Seconded by Alderperson Schroeder RESOLVED, That the Minutes of the June 5, 1991 Common Council meeting be approved as published. Carried Unanimously ADDITIONS TO OR DELETIONS FROM THE AGENDA: Human Services Committee Alderperson Johnson requested the deletion of Item 18.2, Disability Advisory Council Progress Report, as it will be reported on at an earlier time in the meeting by the Chair of the Disability Advisory Council. SPECIAL ORDER OF BUSINESS: Public Hearing to Consider an Ordinance to Amend Section 30.58 Entitled `Board of Appeals' of Chapter 30 Entitled `Zoning' of the City of Ithaca Municipal Code Resolution to Open Public Hearing By Alderperson Romanowski: Seconded by Alderperson Schroeder RESOLVED, That the Public Hearing to consider an Ordinance amending Section 30.58 entitled `Board of Appeals' of Chapter 30 entitled 'Zoning' of the City of Ithaca Municipal Code be declared open. Carried Unanimously Alderperson Booth explained the changes in Section 30.58 being considered by Council. No one appeared to address the public hearing. 3--11 • • T July 3, 1991 Resolution to Close Public Hearing By Alderperson Booth: Seconded by Alderperson Peterson RESOLVED, That the Public Hearing to consider an Ordinance amending Section 30.58 entitled 'Board of Appeals' of Chapter 30 entitled 'Zoning' of the City of Ithaca Municipal Code be declared closed. Carried Unanimously MAYOR'S APPOINTMENTS: Board of Zoning Appeals Mayor Nichols requested approval of Council for the appointment of Judith Rossiter, 521 South Cayuga Street, to the Board of Zoning Appeals with a term to expire December 31, 1991, to replace Janis Cochran who has resigned. Resolution By Alderperson Johnson: Seconded by Alderperson Peterson RESOLVED, That this Council approves the appointment of Judith Rossiter to the Board of Zoning Appeals with a term to expire December 31, 1991. Carried Unanimously Board of Fire Commissioners Mayor Nichols requested approval of Council for the appointment of Susan Begg, 204 West Lincoln Street, to the Board of Fire Commissioners for a three -year term expiring June 30, 1994. Resolution By Alderperson Peterson: Seconded by Alderperson Hoffman RESOLVED, That this Council approves the appointment of Susan Begg to the Board of Fire Commissioners with a term to expire June 30, 1994. Carried Unanimously Disability Advisory Council Mayor Nichols requested approval of Council for the following appointments to the Disability Advisory Council with terms to expire June 30, 1994: Larry Roberts 301 South Geneva Street Diana Pogson 105 Crescent Place Arthur Watkins 800 South Plain Street Richard Maxwell 34 Turkey Hill Road Resolution By Alderperson Blanchard: Seconded by Alderperson Golder RESOLVED, That this Common Council approves the appointments of Larry Roberts, Diana Pogson, Arthur Watkins and Richard Maxwell to the Disability Advisory Council with terms to expire June 30, 1994. Carried Unanimously Tompkins County Economic Advisory Board Mayor Nichols reported that he has appointed Shelly Feldman, 319 East Court Street, to the Tompkins County Economic Advisory Board. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: Recreationway Mr. Guy Gerard, 151 Chestnut Street, urged Council members to be cautious in guarding our City reservoir in the area of the proposed recreationway. REPORT OF BOARD OF REPRESENTATIVES: Mr. Eric Lerner, 1st Ward Representative, addressed Council on the following matters: County Reclassification Process - The process is in the appeal stage at this time and should be finished by the end of summer. July 3, 1991 Public Hearing on Fair Practices Ordinance - There will be a public hearing on the ordinance to prohibit discrimination on the basis of sexual preference on Tuesday July 9th at the County Board meeting. Hillview Landfill - The County, this year, appointed a Solid Waste and Resource Management Committee and a new consultant was brought in to drill new wells to test for leachate in the center of the landfill to see which way the water flow was going in the ground under the landfill. At the present time the final readouts are not (400", available but Mr. Lerner understands that they have been generating a lot of data that will be useful in understanding what's happening with the flow of poisons out of that landfill. However, the State Department of Environmental Conservation is now demanding that those wells be shut down immediately and there is discussion going on between the County and the State regarding this matter. This matter will be discussed at the County Board of Reps meeting on July 9th. Rental Housing Commission co Mr. John Efroymson, Chair, reported that the Commission is in the co process of composing a Landlord /Tenant Resource Guide that will be available to the agencies that give assistance to the community. m Mr. Efroymson reported that the Commission has a survey going on in < part of the Collegetown area on rents, vacancy rates, etc. They are also working on a complete rental housing survey. Mr. Efroymson stated that the Commission will be sponsoring a "Renters Speak -out" forum on July 17th. Disability Advisory Council Ms. Brenda Kuhn, Interim Chair, referred to a DAC Progress Report that Council members received in their agenda packets, under the Human Services Committee. She said that the report covers the time from August 1990 until April 1991. She commented on and highlighted some of the individual items in the report. Discussion followed with Ms. Kuhn answering questions from Council members. Board of Public Works Commissioner Reeves reported on the following matters: Design for the Cascadilla Creek Bridqe at North Cavuaa Street - Since there is no structural engineer in- house, the design will have to be contracted out. Therefore, it is anticipated that the design will be complete and let for bid this year with construction to take place in 1992. Elmira Road Sidewalks - On June 26th the Board of Public Works passed a resolution to have the Planning and Development Board and the Disability Advisory Council review the plans that were prepared by Peter Weed and report back to the Board on those plans. Ithaca Transit - On June 26th the Board of Public Works passed a resolution congratulating Ithaca Transit for receiving an Outstanding Achievement Award for Motor Bus Safety in 1990 from the American Public Transit Association. Another resolution was passed congratulating two of our bus drivers who placed fourth and fifth in the 1991 Bus Rodeo. Parking Ramp Permit Sales - On June 12th the Board passed a resolution establishing a trial period of unlimited permit sales for the Green Street and Seneca Street parking ramps. Green Street Parking Ramp - Renovations will go out to bid within the next couple of weeks. Some of the work will be done in 1991 but the major portion of the work will be done in 1992. 3 3911 July 3, 1991 Town of Ithaca Water and Sewer to Inlet Valley - The Town of Ithaca has proposed improvements to the water and sewer services to Inlet Valley and the Board passed a resolution on June 26th regarding this matter. Commissioner Reeves answered questions from Council members. COMMUNICATIONS FROM THE MAYOR: State and City Budgets Mayor Nichols stated that the Capita Aid that the City will be by $70,000, net. He stated that Governor have done is to make months to make up a cut in approximately $800,000 that the stressed how difficult this is latest figure for the State Per getting in 1992 has been increased what the State Legislature and the a cut in mid -year. We have six this year's budget for funds of City fully expected to receive. He going to be for the City. REPORT OF CITY CONTROLLER: State and City Budgets City Controller Cafferillo reported to Council on the status of the State budget as it relates to the City budget. He handed out to Council members a paper entitled 'Possible Status of State Aid as of July 3, 1991' and explained the meaning of the figures on the sheet. Discussion followed with City Controller Cafferillo answering questions from Council members. REPORT OF CITY ATTORNEY: Robert Blake Lawsuit City Attorney Guttman reported that the City has been sued by Robert Blake regarding an incident in January 1991 involving a police issue. Scott Gentile Lawsuit City Attorney Guttman reported that the City has been sued by Scott Gentile regarding an incident from July 18, 1988 which occurred at Cass Park. Case of Avramis v the City of Ithaca City Attorney Guttman reported that the case of Avramis v. the City of Ithaca, regarding the Collegetown building moratorium issue, has been discontinued without cost to either party. Thomas Cirafici Lawsuit City Attorney Guttman reported that the Thomas Cirafici v. the City of Ithaca lawsuit that was being heard by the United States District Court for the District of Nevada has been dismissed. Vincent Giordano and Ironics City Attorney Guttman reported that the business deal with Vincent Giordano and Ironics for the conveyance of an approximate 5,000 square -foot parcel of land from the Carpenter Business Park to Mr. Giordano and the conveyance to Ironics of an option for lease /purchase of a 2.6 -acre site in Carpenter Business Park has been concluded. CSEA Arbitration Matter City Attorney Guttman reported that was brought by the CSEA in regard to Step 1, the arbitrator found in particular case but did not rule justification. 4 in an arbitration matter that the City hiring someone above favor of the CSEA in this out such hiring with proper it, CD M co Q D July 3, 1991 CHARTER AND ORDINANCE COMMITTEE: * 15.1 A_Local Law Amending Article III Entitled `The Common Council' Section 3.3 Thereof Entitled `Procedure at Meetings; Minutes: Quorum' By Alderperson Peterson: Seconded by Alderperson Johnson LOCAL LAW NO. OF THE YEAR 1991 CITY OF ITHACA A LOCAL LAW AMENDING ARTICLE III ENTITLED `THE COMMON COUNCIL', SECTION 3.3 THEREOF ENTITLED `PROCEDURE AT MEETINGS; MINUTES: QUORUM' BE IT ENACTED by the Common Council of the City of Ithaca, New York as follows: SECTION 1. AMENDING ARTICLE III, SECTION 3.3 THEREOF Section 3.3 of the City of Ithaca Charter is hereby amended to read as follows: Section 3.3 Procedure at Meetings; Minutes: Quorum At all meetings of the Common Council, the Mayor, when present, shall preside. In the proceedings of the Common Council, each member present shall have a vote except the Mayor, who shall have only a casting vote when the votes of the other members are tied, and except as hereinafter provided. The sittings of the Common Council shall be public except when the public interests shall require secrecy. The minutes of the proceedings shall be kept by the City Clerk, and the same shall be open at all times to public inspection. A majority of the members of the Common Council shall be a quorum for the transaction of business. In the event that fewer than ten members of Common Council vote on any substantive question (if a member abstains from voting, it shall be considered as if that member did not vote), the concurring vote of five or more members of the Common Council shall be sufficient to exercise any power which may be exercised by the majority vote of Common Council, but no tax or assessment shall be ordered except by a concurring vote of majority of all members of the Common Council in office, including the Mayor, who shall be entitled to vote thereon as a member of the Council, and no tax levied, assessment bill ordered, resolution or ordinance shall take effect until the same shall receive the approval of the Mayor, as hereinafter provided." SECTION 2. EFFECTIVE DATE. This law shall take effect immediately after filing in the Office of the Secretary of State. Discussion followed on the floor. A vote on the Local Law resulted as follows: Ayes (7) - Peterson, Johnson, Daley, Golder, Booth, Hoffman, Schroeder Nays (2) - Blanchard, Romanowski Carried 5 3C/4 July 3, 1991 * 15.2 A Local Law Repealing Local Law Number 3 of the Year 1988 By Alderperson Peterson: Seconded by Alderperson Schroeder LOCAL LAW NO. OF THE YEAR 1991 CITY OF ITHACA A Local Law repealing Local Law Number 3 of the year 1988 which authorized the City of Ithaca to establish, own and operate public utility services - Ithaca Falls. BE IT ENACTED by the Common Council of the City of Ithaca, New York as follows: Section 1. Local Law Number 3 of the year 1988 which authorized the City of Ithaca to establish, own and operate public utility services - Ithaca Falls is hereby repealed. Section 2. This Local Law shall take effect immediately after filing with the office of the Secretary of State. Discussion followed on the floor with City Attorney Guttman answering questions from Council members. A vote on the Local Law resulted as follows: Carried Unanimously PLANNING AND DEVELOPMENT COMMITTEE: * 16.1 GIAC Pool and Neighborhood Park - Negative Declaration By Alderperson Hoffman: Seconded by Alderperson Schroeder WHEREAS, the GIAC Pool Client Committee has investigated alternate plans for a pool, bathhouse, pavilion and resurfaced basketball courts in the open area located at the corner of Court and North Albany Streets, and WHEREAS, appropriate environmental review has been conducted including the preparation of the Long Environmental Assessment Form (LEAF), and WHEREAS, it appears that the proposed action is a Type II action under the State Environmental Quality Review Act (SEAR), including the Part 617 regulations thereunder, and is a Type I action under the City Environmental Quality Review Act (EQR Section 36.5 (E)), and WHEREAS, it appears that the proposed action will not have a significant effect on the environment, now, therefore, be it RESOLVED, That this Common Council, as lead agency in this matter, hereby does adopt as its own the findings and conclusions more fully set forth on the Long Environmental Assessment Form dated May 17, 1991 and, be it further RESOLVED, That this Common Council as lead agency, hereby does determine that the proposed action at issue will not have a significant effect on the environment, and that further environmental review is unnecessary under the circumstances, and, be it further RESOLVED, That this resolution shall constitute notice of this negative declaration and the City Clerk be and she is hereby directed to file a copy of the same, together with the attachment, in the City Clerk's office and forward the same to any other parties as required by law. Carried Unanimously 0 jqj July 3, 1991 * 16.2 Area Variance Criteria Revisions - Negative Declaration By Alderperson Hoffman: Seconded by Alderperson Blanchard WHEREAS, an amendment to the Zoning Ordinance expanding the list of criteria that can be considered by the Board of Zoning Appeals when determining whether or not an area variance is to be granted is to be acted on by Common Council, and WHEREAS, appropriate environmental review has been conducted with the preparation of the Short Environmental Assessment Form (SEAF) and WHEREAS, it appears that the proposed action is an "unlisted" action under the State Environmental Quality Review Act (SEQR), including the Part 617 regulations thereunder, and is an "unlisted" action under the City Environmental Quality Review Act (EQR Section 36.5 (E)), and WHEREAS, it appears that the proposed action will not have a significant effect on the environment, now, therefore, be it co RESOLVED, That this Common Council, as lead agency in this matter, M hereby does adopt as its own the findings and conclusions more D fully set forth on the Short Environmental Assessment Form May 22, co 1991 and, be it further Q RESOLVED, That this Common Council as lead agency, hereby does determine that the proposed action at issue will not have a significant effect on the environment, and that further environmental review is unnecessary under the circumstances, and, be it further RESOLVED, That this resolution shall constitute notice of this negative declaration and the City Clerk be and she is hereby (twe directed to file a copy of the same, together with the attachment, in the City Clerk's Office and forward the same to any other parties as required by law. Carried Unanimously * 16.3 An Ordinance Amending Section 30.58 Entitled `Board of Appeals' of Chapter 30 Entitled `Zoning' of the City of Ithaca Municipal Code By Alderperson Hoffman: Seconded by Alderperson Peterson WHEREAS, an amendment to the Zoning Ordinance expanding the list of criteria that can be considered by the Board of Zoning Appeals when determining whether or not an area variance is to be granted is to be acted on by Common Council, and WHEREAS, appropriate environmental review has been conducted with the preparation of the Short Environmental Assessment Form (SEAF) and the Common Council has declared there will be no negative environmental consequences as a result of adopting this change to the Zoning Ordinance, and WHEREAS, the Common Council has conducted a public hearing on this change after having published a notice in the City's official newspaper as specified in Section 3.11(B) of the City Charter, now, therefore be it RESOLVED, That the Common Council hereby adopts the following Ordinance amending Section 30.58 entitled `Board of Appeals' of Chapter 30 entitled `Zoning' of the City of Ithaca Municipal Code. ORDINANCE NO. 91 - AN ORDINANCE AMENDING SECTION 30.58 ENTITLED `BOARD OF APPEALS' OF CHAPTER 30 ENTITLED `ZONING' OF THE CITY OF ITHACA MUNICIPAL CODE. 7 31p July 3, 1991 BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, New York, as follows: SECTION 1. RENUMBERING SECTION. That the first paragraph of Section 30.58(B)(3) entitled "Variance" is hereby amended by making the title of that section plural and renumbering by the insertion of I in front of the sub- section entitled "Use Variance ", so that it reads as follows: 3. Variances: I. Use Variance: Where there are practical difficulties or unnecessary hardship imposed by strict application of regulations governing permitted uses or permitted accessory uses, as set forth in this Chapter, the Board of Zoning Appeals shall have the power pursuant to Subdivision 3 of Section 81 of the General City Law, to grant a variance modifying the application of these regulations. In reaching a decision or determination of practical difficulties or unnecessary hardship the Board of Appeals shall find the following conditions are present before granting a variance to the use regulations of this Chapter: a. That there are special circumstances or unique conditions, fully described in the findings of the Board, applying to such land or buildings and not applying generally to land or buildings in the neighborhood, which would prevent said land or buildings from yielding a reasonable return if used for any permitted purpose. b. That for reasons fully set forth in the findings of the Board, the granting of the variance is necessary for the reasonable use of the land or building. C. That the granting of the variance will be in harmony with the general purposes and intent of this Chapter, and will not be injurious to the neighborhood or otherwise detrimental to the public welfare. SECTION 2. AMENDING AREA VARIANCE SECTION. That the sub - section entitled "Area Variance" of Section 30.58(B)(3) is hereby amended to read as follows: II. Area Variance: Area regulations in zoning are designed to control the amount of open space surrounding structures on a lot in order to manage density, and provide safe access, sunlight, air circulation, room for landscaping or other aesthetic considerations. Where there are practical difficulties or special conditions which make area requirements governing lot size, yard size, set - backs, building height, off - street parking and all other similar requirements, except the USE of land, unreasonable or impossible to comply with, the Board of Appeals shall have the power, pursuant to Subdivision 4 of Section 81 of the General City Law, to grant a variance or variances from any provision of these requirements so long as the spirit of the Zoning Ordinance is observed. a. Practical difficulties or special conditions: The terms "practical difficulties" or "special conditions" mean that there are unusual physical circumstances or other conditions peculiar to the particular lot or improvement thereon which make it impractical, expensive, infeasible or difficult to develop property in strict conformity with the provisions of the zoning regulations. Examples of such practical difficulties or special conditions include, but are not limited to, irregularity, narrowness or shallowness of lot size or shape, or exceptional topographical or other physical conditions. D J I F& �3 �1 July 3, 1991 b.(1) Standards to be applied: An applicant for an area variance must demonstrate that the variance, if granted, will not create a substantial negative change in the essential character of the neighborhood or district in which the property is located, nor substantially or permanently impair the appropriate use or development of adjacent property, nor be detrimental to the public welfare. b. (2) Burden of proof: The burden is on the applicant to clearly identify the nature of the practical difficulty or special Coe condition and to document, through economic or other data, why it is impractical, infeasible, expensive or difficult to develop the property in strict conformity with the zoning ordinance. b. (3) Factors which may be considered in evaluating the request: In determining whether to grant an area variance the Board may consider: iv) whether granting the variance will have a positive impact on the amount, type, price, or location of the City's supply of affordable housing; in order for the Board to consider this factor, the applicant must demonstrate that there exists a binding legal IL obligation to provide housing, for a period of not less than fifteen years, which is affordable to low- or moderate - income families or individuals as defined by federal regulations or other clearly recognized standards; v) whether granting the variance will enhance or foster the preservation of the scenic or natural beauty of the area, its architectural character, historic resources or other rare or irreplaceable features. If the applicant wishes the Board to consider any of the factors under this section, the burden of proof is on the applicant to clearly identify the factor and to submit sufficient evidence to establish that this factor applies. c. Self- created Hardship: A finding of self - created hardship will not, in and of itself, justify the denial of an area variance. The Board may, however, consider the degree to which the hardship is self- created as a factor to be weighed. Although self - created hardship need not prevent the board from granting an area variance, the existence of a self - created hardship does not entitle the applicant to a variance. SECTION 3. GENERAL PROVISIONS REGARDING VARIANCES (400", That a new subdivision entitled "General Provisions Regarding Variances" is hereby added to read as follows: III. General Provisions Regarding Variances a. Findings of Fact and Conclusions of Law: The written decision of the Board should identify the nature of practical difficulty, special condition or economic hardship, if any, and indicate the Board's findings of fact on all of the factors E i) whether the requested variance represents a relatively CD minor deviation from the area requirements in question; M ii) whether a substantial positive change will be produced in D the character of the neighborhood; M ,Q iii) whether granting the variance will increase the accessibility or adaptability of the property for handicapped or disabled individuals; iv) whether granting the variance will have a positive impact on the amount, type, price, or location of the City's supply of affordable housing; in order for the Board to consider this factor, the applicant must demonstrate that there exists a binding legal IL obligation to provide housing, for a period of not less than fifteen years, which is affordable to low- or moderate - income families or individuals as defined by federal regulations or other clearly recognized standards; v) whether granting the variance will enhance or foster the preservation of the scenic or natural beauty of the area, its architectural character, historic resources or other rare or irreplaceable features. If the applicant wishes the Board to consider any of the factors under this section, the burden of proof is on the applicant to clearly identify the factor and to submit sufficient evidence to establish that this factor applies. c. Self- created Hardship: A finding of self - created hardship will not, in and of itself, justify the denial of an area variance. The Board may, however, consider the degree to which the hardship is self- created as a factor to be weighed. Although self - created hardship need not prevent the board from granting an area variance, the existence of a self - created hardship does not entitle the applicant to a variance. SECTION 3. GENERAL PROVISIONS REGARDING VARIANCES (400", That a new subdivision entitled "General Provisions Regarding Variances" is hereby added to read as follows: III. General Provisions Regarding Variances a. Findings of Fact and Conclusions of Law: The written decision of the Board should identify the nature of practical difficulty, special condition or economic hardship, if any, and indicate the Board's findings of fact on all of the factors E July 3, 1991 relevant to the application. The Board may balance the interests involved before rendering a decision. The written decision shall then set forth the Board's conclusions of law. b. Conditional Variance: In rendering a decision in favor of the applicant under this section, the Board of Zoning Appeals may attach such conditions to the variance as it may consider necessary and appropriate under the circumstances to implement the purposes of the Zoning Ordinance and any master plans for the City then in effect. Any such conditions shall be indicated in the Board's written decision. C. Continuance for Consultation and Advice: In deciding whether or not to grant an area variance, the Board of Zoning Appeals may, on its own motion, or upon request by an applicant, duly noted on the record, continue its hearing of the appeal in order to request information or a recommendation from any City Commission or Board with expertise in the issue under consideration. Upon receiving such a request from the Board of Zoning Appeals, the Commission or Board to whom the request is directed will consider the merits of the variance request in light of the criteria outlined in this ordinance and recommend to the Board of Zoning Appeals whether to grant, grant with conditions or deny the requested variance. Such recommendation shall be forwarded to the Board of Zoning Appeals for its consideration at the first meeting following the original variance request hearing, unless the Board or Commission in question shall have received the referral less than seven days before its own meeting, or requires additional information, in which case an additional continuation for an additional month may be granted. Prior to seeking an area variance, an applicant may also request a recommendation on a proposed variance request from any City Board or Commission with expertise on an issue being considered and include that recommendation in the appeal to the Board of Zoning Appeals. SECTION 4. EXPIRATION OF VARIANCES. That a new Subdivision known as Subdivision 30.58 (B) (4) is hereby added to read as follows: When a variance is granted by the Board of Appeals, and a building permit to construct the building or part thereof for which the variance has been granted has not been obtained within one year from the day of the granting of the variance, said variance shall become void. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect after public notice and hearing in accordance with law upon publication of a notice as provided in Section 3.11 (B) of the Ithaca City Charter. (Publication date: July 11, 1991) Carried Unanimously * 16.4 Revocation of Requirement for Weekly Listing Prior to Issuance of Building Permit By Alderperson Hoffman: Seconded by Alderperson Schroeder WHEREAS, Common Council on March 2, 1988 stipulated that applications for certain building permits must appear on a weekly list then circulated to alderpersons and the Mayor, prior to issuance of the permits; and 10 �16 July 3, 1991 WHEREAS, with the implementation of the Site Development Plan Review Ordinance, as well as a better understanding of the requirements of environmental review for certain actions, it appears that the delay in issuance of building permits is no longer necessary; and WHEREAS, the Downtown Vision Task Force has recommended the elimination of said delay; now, therefore be it RESOLVED, That the stipulation that certain building permits may not be issued until their publication on a weekly list is hereby repealed, effective immediately: and be it further RESOLVED, That the weekly publication of certain building permit applications, as described in the March 2, 1988 Common Council resolution, be continued. Carried Unanimously * 16.5 Town of Ithaca Easement for Recreationway By Alderperson Hoffman: Seconded by Alderperson Schroeder WHEREAS, the Town of Ithaca is in the process of planning for and constructing a recreational trail in the South Hill area of the Town of Ithaca; and m G[ WHEREAS, a portion of the South Hill Recreationway will go over property owned by the New York State Electric and Gas Corporation, being the old D. L. & W. railroad right of way; and WHEREAS, the New York State Electric and Gas Corporation has agreed to grant only a revocable license over approximately 1,300 feet of the old right of way needed for the South Hill Recreationway; and WHEREAS, the New York State Office of Parks, Recreation, and Historic Preservation is providing grant funds for the acquisition and construction of the South Hill Recreationway; and WHEREAS, it is a condition of the Town receiving such grant funds that the Town be assured of having the use of the trail facilities for at least 23 years; and WHEREAS, because of New York State Electric and Gas Corporation's requirement that a portion of the trail be in the form of a revocable license, the Town of Ithaca needs an alternative route for the terminus of the trail at its southerly end; and WHEREAS, the City is desirous of having the Town construct a trail to provide a recreational asset to be used not only by Town residents but City residents as well, and WHEREAS, the City wishes to cooperate with the Town of Ithaca in permanently protecting and promoting the Six Mile Creek watershed area for appropriate recreational use by both Town and City residents, and WHEREAS, the City is the owner of certain property more particularly shown on a map entitled "South Hill Recreationway - Alternative Trail Route" prepared by the Town of Ithaca dated April 31 1991 over which the alternate terminus of the trail could run, and WHEREAS, the transfer to the Town of an easement over a portion of this property as shown on the aforesaid map will not adversely affect the City's use of this property; now, therefore, be it 11 Z�c)z July 3, 1991 RESOLVED, that the Mayor, subject to the review of the City Attorney, be authorized to execute the attached Memorandum of Understanding providing that if the Town of Ithaca acquires a revocable license from the New York State Electric and Gas Corporation for the southerly portion of the South Hill Recreationway and if, prior to December 31, 2016, New York State Electric and Gas Corporation revokes the Town's right to use such portion of the trail that the City would grant to the Town a permanent easement for an alternate terminus of the trail on the terms and conditions more particularly set forth in the Memorandum of Understanding, and be it further RESOLVED, That Common Council respectfully requests that the Town of Ithaca accord high priority to its consideration of the proposal by the Town's Conservation Advisory Council, as endorsed by the City of Ithaca in January 1991 for more protective zoning designation and land use regulation of property within the Six Mile Creek area in the Town of Ithaca. Amending Resolution By Alderperson Hoffman: Seconded by Alderperson Peterson RESOLVED, That the Seventh Whereas Clause be deleted from the resolution. Discussion followed on the floor. A vote on the Amending Resolution resulted as follows: Carried Unanimously Further discussion followed on the floor. Mayor Nichols stated, for the record, that the Council is considering this revised resolution and Memorandum of Understanding because the Town of Ithaca would not agree to the previous resolution from June's Common Council meeting. Amendment to the Memorandum By Alderperson Peterson: Seconded by Alderperson Johnson RESOLVED, That the Seventh Whereas Clause in the Memorandum of Understanding be deleted and what is now the Seventh Whereas Clause in the Resolution, which reads as follows, be substituted in its place: "WHEREAS, the City wishes to cooperate with the Town of Ithaca in permanently protecting and promoting the Six Mile Creek watershed area for appropriate recreational use by both Town and City residents, and" Carried Unanimously Amending Resolution By Alderperson Hoffman: Seconded by Alderperson Daley RESOLVED, That the following three Whereas Clauses be added after the 9th Whereas Clause in the original Resolution: "WHEREAS, the land adjacent to the proposed Recreationway surrounds and protects the integrity of the water reservoir of the City of Ithaca and the Six Mile Creek Natural Area, and WHEREAS, over the past seven years, several entities, including the Town of Ithaca's Conservation Advisory Council, as well as this Common Council, have recommended that the Town of Ithaca adopt more protective zoning for land in the Six Mile Creek area of the Town, in order to protect the integrity of the water supply and the natural character of the area, and 12 July 3, 1991 WHEREAS, the Town of Ithaca asserts that the implementation of said Recreationway, will contribute to the protection of the Six Mile Creek Natural Area, by restricting development below its corridor; now, therefore, be it" and be it further RESOLVED, That the last Resolved Clause in the original motion be (600", replaced with the following language: "RESOLVED, That in conjunction with the granting of this easement, the Common Council urges the Town of Ithaca to initiate the process of rezoning the land designated by the Town's Conservation Advisory Council as needing protection, thus formalizing an era of cooperation and good faith between the two municipalities." Discussion followed on the floor regarding the amending resolution. (�- Amendment to the Amending Resolution CD By Alderperson Daley: Seconded by Alderperson Blanchard M RESOLVED, That the Last Whereas Clause of the Amending Resolution read as follows: m "WHEREAS, The Town of Ithaca will be contributing to the protection < of the Six Mile Creek Natural Area with the implementation of said Recreationway, by restricting development below its corridor ", and be it further RESOLVED, That in the last Resolved Clause of the Amending Resolution, the word "urges" be deleted and the words "respectfully requests" be inserted in its place and the word "formalizing" be deleted and the word "enhancing" be inserted in its place. Discussion followed regarding the Amendments to the Amending Resolution. A vote on the Amendment to the Amending Resolution resulted as follows: Ayes (7) - Hoffman, Johnson, Romanowski, Blanchard, Daley, Golder, Schroeder Nays (2) - Peterson, Booth Carried A vote on Alderperson Hoffman's Amending Resolution as Amended by Alderperson Daley resulted as follows: Ayes (7) - Hoffman, Johnson, Romanowski, Blanchard, Daley, Golder, Schroeder Nays (2) - Booth, Peterson Carried The Main Motion as Amended shall read as follows: WHEREAS, the Town of Ithaca is in the process of planning for and constructing a recreational trail in the South Hill area of the Town of Ithaca; and WHEREAS, a portion of the South Hill Recreationway will go over property owned by the New York State Electric and Gas Corporation, being the old D. L. & W. railroad right of way; and WHEREAS, the New York State Electric and Gas Corporation has agreed to grant only a revocable license over approximately 1,300 feet of the old right of way needed for the South Hill Recreationway; and 13 `0 3 '91c► Z/ July 3, 1991 WHEREAS, the New York State Office of Parks, Recreation, and Historic Preservation is providing grant funds for the acquisition and construction of the South Hill Recreationway; and WHEREAS, it is a condition of the Town receiving such grant funds that the Town be assured of having the use of the trail facilities for at least 23 years; and WHEREAS, because of New York State Electric and Gas Corporation's requirement that a portion of the trail be in the form of a revocable license, the Town of Ithaca needs an alternative route for the terminus of the trail at its southerly end; and WHEREAS, the City wishes to cooperate with the Town of Ithaca in permanently protecting and promoting the Six Mile Creek watershed area for appropriate recreational use by both Town and City residents, and WHEREAS, the City is the owner of certain property more particularly shown on a map entitled "South Hill Recreationway - Alternative Trail Route prepared by the Town of Ithaca dated April 3, 1991 over which the alternate terminus of the trail could run, and WHEREAS, the transfer to the Town of an easement over a portion of this property as shown on the aforesaid map will not adversely affect the City's use of this property, and WHEREAS, the land adjacent to the proposed Recreationway surrounds and protects the integrity of the water reservoir of the City of Ithaca and the Six Mile Creek Natural Area, and WHEREAS, over the past seven years, several entities, including the Town of Ithaca's Conservation Advisory Council, as well as this Common Council, have recommended that the Town of Ithaca adopt more protective zoning for land in the Six Mile Creek area of the Town, in order to protect the integrity of the water supply and the natural character of the area, and WHEREAS, The Town of Ithaca will be contributing to the protection of the Six Mile Creek Natural Area with the implementation of said Recreationway, by restricting development below its corridor; now, therefore, be it RESOLVED, that the Mayor, subject to the review of the City Attorney, be authorized to execute the attached Memorandum of Understanding providing that if the Town of Ithaca acquires a revocable license from the New York State Electric and Gas Corporation for the southerly portion of the South Hill Recreationway and if, prior to December 31, 2016, New York State Electric and Gas Corporation revokes the Town's right to use such portion of the trail that the City would grant to the Town a permanent easement for an alternate terminus of the trail on the terms and conditions more particularly set forth in the Memorandum of Understanding, and be it further RESOLVED, That in conjunction with the granting of this easement, the Common Council respectfully requests the Town of Ithaca to initiate the process of rezoning the land designated by the Town's Conservation Advisory Council as needing protection, thus enhancing an era of cooperation and good faith between the two municipalities. (A copy of the Memorandum of Understanding is attached to Minute Book). 14 July 3, 1991 A vote on the Main Motion as Amended resulted as follows: Ayes (8) - Hoffman, Peterson, Johnson, Daley, Golder, Blanchard, Romanowski, Schroeder Nay (1) - Booth Carried Subdivision of Coddington Road Property Report (00,0" Alderperson Hoffman reported that the Planning and Development Committee has asked the Planning Department staff to meet with Town staff to work out some alternatives for subdivision of the property that the City bought along Coddington Road a few years ago. He stated that the Planning and Development Committee's feeling was that the City did not need to hold onto all the property, at least not the part above the proposed recreationway, so they will be looking at some options for subdividing and will bring those back to Council. (D Two -Year Limit on Zoning Variances - Report Alderperson Hoffman reported that the Planning and Development Committee meeting in July will be discussing some options for changing the limit on zoning variances and will bring this matter M back to Council in a timely manner. Q BUDGET AND ADMINISTRATION COMMITTEE: * 17.1 Request to Release Funds from Restricted Contingency for Youth Employment Coordinator By Alderperson Booth: Seconded by Alderperson Peterson WHEREAS, the Mayor- appointed Youth Opportunity Commission has investigated and recommended the establishment of a Youth Employment Coordination Office, and WHEREAS, the Youth Opportunity Commission and the Mentors Unlimited Board have recommended that the funds appropriated by the City in the 1991 Budget be merged with an anonymous $17,000 grant received by Mentors Unlimited, and funds to be raised from private donors to create Youth Opportunities Unlimited, and WHEREAS, the Budget and Administration Committee meeting as a Committee of the Whole has recommended that the original amount of $25,000 which was placed in Restricted Contingency in the 1991 Budget be reduced to $12,500 in view of the fact that the contract between the City and Youth Opportunities Unlimited shall not be executed until the second half of 1991; now, therefore, be it RESOLVED, That $12,500 be transferred from Restricted Contingency to Account A1210 -435 Mayor's Office Contractual Services, and be it further RESOLVED, That the Mayor be authorized to execute an agreement with Youth Opportunities Unlimited for the creation of said Youth Employment Coordination Office and to commit not more than $12,500 to reimplementation of that agreement. Carried Unanimously (4000, * 17.2 Request to Release Funds from Restricted Contingency for Homeless Outreach Program By Alderperson Booth: Seconded by Alderperson Johnson WHEREAS, the Learning Web had requested that an additional $9,000 be appropriated in the 1991 City Budget to fund a "Homeless Youth Program ", and WHEREAS, Common Council placed said $9,000 in Restricted Contingency pending the acquisition of a two -to -one matching grant, and 15 y a ti July 3, 1991 WHEREAS, the County Youth Board has recommended that the required match be appropriated by Tompkins County toward the Hot Team Transition to Independent Living Program; now, therefore, be it RESOLVED, That $9,000 be transferred from Restricted Contingency to Account A1011 Human Service Contracts, contingent upon verification of final approval of said two -to -one matching funding by Tompkins County. Carried Unanimously * 17.3 Youth Bureau Request to Amend 1991 Youth Bureau Budget for Summer Jobs Program By Alderperson Booth: Seconded by Alderperson Peterson WHEREAS, the City of Ithaca Youth Bureau has received a total of $8,400 in funding from the Town of Ithaca and Village of Lansing for the expansion of the municipal summer jobs program, and WHEREAS, the program will allow for an additional 14 young people to be employed at a variety of work sites throughout the community in minimum wage positions; now, therefore, be it RESOLVED, That the 1991 Youth Bureau Budget be amended as follows: Increase Revenue Account: A2350 Youth Service - Other Governments $8,400 Increase Appropriation Accounts A7310 -120 Hourly Part time $7,140 A9030 Social Security 643 A9040 Workers Compensation 617 and be it further RESOLVED, That any position filled as a result of this funding will be on a temporary basis based on the availability of the funding approved. Carried Unanimously * 17.4 Youth Bureau Request to Amend 1991 Youth Bureau Budget By Alderperson Booth: Seconded by Alderperson Golder WHEREAS, the City of Ithaca Youth Bureau has received a Grant from Cornell University in the amount of $1,500 for the Paul Schreurs Memorial Program and GIAC's Reach Program, and WHEREAS, the Grant will allow students to stay on the TC3 Campus for a week and take a series of specially designed mini - courses, recreational activities, and field trips; now, therefore, be it RESOLVED, That the 1991 Youth Bureau Budget be amended as follows: Increase Revenue Account: A2070 Contributions for Youth $1,500 Increase Appropriation Accounts A7310 -435 Contracts $ 750 A7310 -460 Program Supplies $ 650 A7310 -470 Rental $ 100 Carried Unanimously * 17.5 Youth Bureau Request to Amend 1991 Youth Bureau Budget By Alderperson Booth: Seconded by Alderperson Johnson WHEREAS, the City of Ithaca Youth Bureau has received a grant from the New York State Division of Criminal Justice in the total amount of $62,935 for the period July 1, 1991 through June 30, 1992, and 16 July 3, 1991 WHEREAS, the grant is for the Discover Potential through Opportunities Enrichment program which provides 20 young people with the independent living skills, career information and work experience that will enable them to transition more smoothly into independence, and WHEREAS, the grant will allow for the hiring of a total of two temporary positions to the GIAC and Youth Bureau rosters, and (40-e WHEREAS, the 1991 Youth Bureau Budget will be amended for only the 1991 portion of the grant, $25,415; now, therefore, be it RESOLVED, That the Youth Bureau Personnel Roster be amended for addition of two temporary positions for the Discover Potential through Opportunities Enrichment Program based on the availability of Grant Funds as follows: GIAC Roster Add: One (1) Youth Development Program Leader co Youth Bureau Roster Add: One (1) Youth Worker m and be it further d RESOLVED, That the 1991 Youth Bureau and GIAC Budgets be amended as follows: Increase Revenue Account: A3820 Youth Programs $25,415 Increase Appropriation Accounts: A7311 (Woo" A7310 A7311 A7311 A9030 A9040 -110 Staff $ 7,043 -110 Staff 6,510 -435 Contracts 7,300 -460 Program Supplies 500 Social Security 1,944 Workers Compensation 2,118 Alderperson Booth stated, for the record, that these are temporary positions that are limited to the life of this grant. A vote on the resolution resulted as follows: Carried Unanimously * 17.6 Youth Bureau Request to Amend 1991 Youth Bureau Budget By Alderperson Booth: Seconded by Alderperson Schroeder WHEREAS, the City of Ithaca Youth Bureau has received a substance abuse prevention grant from BOCES in the amount of $1,490, and WHEREAS, the grant will allow for the enhancement of the one -to -one summer program by overcoming transportation obstacles to serving young people; now, therefore, be it RESOLVED, That the 1991 Youth Bureau Budget be amended as follows: Increase Revenue Account: A2070 Contribution for Youth Increase Appropriation Accounts: A7310 -420 Gas and Oil A7310 -470 Rental 17 $1,490 $ 150 $1,340 Carried Unanimously 116 July 3, 1991 * 17 .7 Fire Department Request to Amend 1991 Authorized Equipment List By Alderperson Booth: Seconded by Alderperson Peterson WHEREAS, the 1991 Authorized Equipment List included a Fire Alarm Vehicle with Boom System, to be funded from a Budget appropriation of $20,000 and the proceeds of the sale of a 1979 Ward Pumper Vehicle, and WHEREAS, the said vehicle has been sold by sealed bid for $16,898, and WHEREAS, the total cost of the Fire Alarm Vehicle, inclusive of related fixtures and equipment, has been established at $36,513; now, therefore, be it RESOLVED, That the 1991 Budget be amended as follows: A. Increase Revenue Account A2665 by $16,513 B. Increase Appropriation Accounts A3410 -215 Fire Department Vehicles by $12,819 and Account A3410 -225 Other Equipment by $ 3,694 to allow the acquisition of said Vehicle and Equipment. Discussion followed on the floor. Alderperson Daley suggested that there should be a committee to review the purchase of major equipment for City departments in light of the current fiscal situation. A vote on the resolution resulted as follows: Carried Unanimously * 17.8 Fire Department Request to Amend 1991 Budget and Authorized Equipment List By Alderperson Booth: Seconded by Alderperson Schroeder RESOLVED, That the Authorized Equipment List of the Fire Department be amended by adding one Comutone Intelliport at $836 and one Compaq System Memory Board at $1,726 and be it further RESOLVED, That $2,562 be transferred from Account A690 -6 New York State Building and Fire Code Aid to Account A3410 -225 Other Equipment for the acquisition of such equipment. Carried Unanimously * 17.9 Planning Department Request to Release Funds From Capital Reserve By Alderperson Booth: Seconded by Alderperson Golder RESOLVED, That $1,000 be transferred from Capital Reserves #24 for Energy Conservation Programs to Account A8020 -435 Planning Department Contractual Services, to fund a contract for assistance in preparation of a District Heating Study. Carried Unanimously * 17.10 Police Department Request to Standardize on Radio Equipment By Alderperson Booth: Seconded by Alderperson Peterson WHEREAS, this Common Council has been requested by the City of Ithaca Police Department to standardize on Motorola radio equipment as the type of equipment to be used by the Ithaca Police Department, and to authorize the City to purchase approved equipment from the manufacturer, or a representative thereof, and July 3, 1991 WHEREAS, it is deemed to be in the best interest of the City for reasons of efficiency, compatibility and economics to approve such standardization, as more fully spelled out in the following items: 1. The City of Ithaca Police Department presently has all Motorola radio equipment and radio consoles. 2. The Motorola voice privacy system presently being used by the Ithaca Police Department is not compatible with equipment manufactured by other manufacturers. 3. This action will minimize the inventory of repair parts which would have to be maintained for the service of said radio equipment. 4. Labor costs for maintenance and service of a standard type of equipment will be less than if required to service several different types of equipment. (0 5. Present Motorola radio equipment has been satisfactory to M the uses of the City of Ithaca Police Department. 6. Standardization provides the need for only one service m contract for its entire radio system, whereas additional Q contractual agreements would be required for other types of equipment; now, therefore, be it RESOLVED, That pursuant to Section 1031 Subdivision 5 of the General Municipal Law of the State of New York, this Common Council hereby authorizes the standardization of Motorola radio equipment (too, as the type of equipment to be used and purchased by the City of Ithaca Police Department. Carried Unanimously * 17.11 Police Department - Request to Standardize on Badges By Alderperson Booth: Seconded by Alderperson Johnson WHEREAS, this Common Council has been requested by the City of Ithaca Police Department to standardize on badges manufactured by the Entenmann -Rovin Company as the badges to be used by the Police Officers of the Ithaca Police Department, and to authorize the City to purchase approved badges from the manufacturer, or a representative thereof, and WHEREAS, it is deemed to be in the best interests of the City for reasons of efficiency, uniformity, compatibility and economics to approve such standardization, as more fully spelled out in the following items: 1. The City of Ithaca Police Department presently has all Entenmann -Rovin badges. 2. This action will provide for the standardization of all badges for the Police Department so that all Police Officers will have the same type badges which will be easily recognized by members of the public as the official badges of the City of Ithaca (400", 1 Police Department. 3. Present Entenmann -Rovin badges are satisfactory to the uses of the City of Ithaca Police Department; now, therefore, be it 19 i Z I y Y10 RESOLVED, That pursuant to Section General Municipal Law of the State of hereby authorizes the standardization Entenmann -Rovin Company as the badge the City of Ithaca Police Department. July 3, 1991 103, Subdivision 5 of the New York, this Common Council of badges manufactured by the s to be used and purchased by Carried Unanimously * 17.12 Police Department Request to Amend 1991 Budget By Alderperson Booth: Seconded by Alderperson Daley WHEREAS, the City of Ithaca Police Department has received a grant from a Federal Anti -Drug Abuse Funding program to be passed through New York State in the amount of $20,186, and WHEREAS, the 255 local match for the Anti -Drug Grant of $6,729 was appropriated in the 1991 Police Department Budget for a total program allocation of $26,915; now, therefore, be it RESOLVED, That the 1991 Budget be amended for the inclusion of the pass through New York State Anti -Drug Abuse Funding Program Grant as follows: Increase Revenues: Account A4320 Public Safety $20,186 Increase Expenditures: Account A3120 -225 Other Equipment $20,186 Carried Unanimously * 17.13 Finance Department /Personnel Request to Hire Labor Negotiator By Alderperson Booth: Seconded by Alderperson Golder RESOLVED, That the City of Ithaca enter into an agreement with James P. Dennis, to provide professional services in the field of labor negotiations in connection with the negotiation of the 1992 Police Benevolent Association Labor Contract, at a cost not to exceed Four Thousand Dollars. Carried Unanimously * 17.14 Finance Department /Chamberlain Request to Correct 1991 City Tax Roll By Alderperson Booth: Seconded by Alderperson Romanowski WHEREAS, pursuant to Section 554 (Sub 4A) of the Real Property Tax Law, the Director of Assessments has investigated an application for the correction of an error in essential fact filed by Cornell Radio Guild, and WHEREAS, the investigation revealed that miscalculation of exemption resulted in over - assessment of 227 -31 Linden Avenue, and WHEREAS, the Director of Assessment recommends that the taxable value of this property be changed from $270,100 to $16,000; 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 64 -9 -6, and be it further the City Chamberlain is authorized and directed to RESOLVED, That make the appropriate changes in the Tax Roll and to prepare a new tax bill for this property. Discussion followed on whether or not Cornell Radio Guild is entitled to this partial exemption. City Controller Cafferillo and City Attorney Guttman answered questions from Council members. 4i/ July 3, 1991 Amending Resolution By Alderperson Daley: Seconded by Alderperson Hoffman RESOLVED, That there be a third Resolved Clause added to the Resolution as follows: "RESOLVED, That the Common Council directs the City Attorney to protest to the County Assessor's Office the granting of this partial exemption for Cornell Radio Guild. Carried Unanimously Main Motion as Amended A vote on the Main Motion as Amended resulted as follows: Carried Unanimously * 17.15 Bonds By Alderperson Booth: Seconded by Alderperson Romanowski RESOLUTION DATED JULY 3, 1991. A RESOLUTION PROVIDING FOR THE CONSOLIDATION AND DETAILS OF co $500,000 SERIAL BONDS OF THE CITY OF ITHACA, TOMPKINS COUNTY, NEW YORK, FOR CERTAIN OBJECTS AND PURPOSES IN AND FOR SAID CITY, AND PROVIDING FOR THE SALE OF THE SAME IN THE FORM OF A [o STATUTORY INSTALLMENT BOND. Q BE IT RESOLVED, by the Common Council of the City of Ithaca, Tompkins County, New York, as follows: Section 1. Of the $1,215,720 serial bonds authorized by bond resolutions dated February 6, 1985, August 6, 1986 and October 19, 1988, respectively, for the reconstruction of the Seneca Street parking facility located south of the U.S. Post Office, between North Tioga Street and North Aurora Street in and for the City of (6vool Ithaca, Tompkins County, New York, there shall be issued and sold $115,000 serial bonds which shall mature $14,375 on July 16 in each of the years 1992 to 1999, both inclusive, and shall be consolidated with another issue of bonds as hereinafter authorized. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purposes is twenty years, pursuant to subdivision 12 (a)(1) of paragraph a of Section 11.00 of the Local Finance Law, computed from February 12, 1987, the date of the first bond anticipation note issued therefor. It is hereby further determined that the sums of $9,150, $12,686 and $17,314, from a source other than the proceeds of bonds or bond anticipation notes, were used on February 12, 1987 and February 11, 1988, to partially reduce outstanding bond anticipation notes of said City for such purpose. It is hereby further determined that the sum of $10,000, from a source other than the proceeds of bonds or bond anticipation notes, will be used on or before August 29, 1991, to further reduce outstanding bond anticipation notes of said City for such purpose. It is hereby further determined that $848,350 principal amount of $6,275,000 Public Improvement (Serial) Bonds, 1988, dated November 1, 1988, has been previously sold. Section 2. Of the $880,000 serial bonds authorized by bond resolution dated October 4, 1989, for the purchase of fire - fighting vehicles, including apparatus to be used in connection therewith, in and for said City, there shall be issued and sold $385,000 serial bonds which shall mature $48,125 on July 16 in each of the years 1992 to 1999, both inclusive, and shall be consolidated with another issue,of bonds as hereinafter authorized. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is twenty years, pursuant to subdivision 27 of paragraph a of Section 11.00 of the Local Finance Law, computed from October 13, 1989, the date of the first bond anticipation note issued therefor. It is hereby further determined that the sums of $100,000, from a source other than the proceeds of bonds or bond anticipation notes, were used on October 13, 1990, to 21 /1 iz July 3, 1991 partially reduce outstanding bond anticipation notes of said City for such purpose, such amount constituting the first installment of the principal amount of such indebtedness. It is hereby further determined that the sum of $40,000, from a source other than the proceeds of bonds or bond anticipation notes, will be used on or before October 11, 1991, to further reduce outstanding bond anticipation notes of said City for such purpose, such amount constituting the second installment of the principal amount of such indebtedness. Section 3. The serial bonds described in the preceding sections hereof shall be consolidated for purposes of sale into one bond issue in the aggregate principal amount of $500,000, which shall be issued in the form of a single registered typewritten statutory installment bond, to be designated substantially CITY PURPOSES (SERIAL) BOND, 1991. Said bond shall be dated July 16, 1991, shall be in the denomination of $500,000, shall provide for the payment of such principal sum of $500,000 in eight annual installments, payable $62,500 on July 16 in each of the years 1992 to 1999, both inclusive, shall bear interest at the rate of six and twenty -five hundredths per centum (6.25 %) per annum, payable July 16, 1992 and semi - annually thereafter on January 16 and July 16. Both principal of and interest on such statutory installment bond will be payable in lawful money of the United States of America at the Tompkins County Trust Company, in Ithaca, New York. Such statutory installment bond shall be signed in the name of said City of Ithaca, Tompkins County, New York, by its City Controller, sealed with its corporate seal, and attested by its City Clerk. Such statutory installment bond shall be in typewritten form and shall be in substantially the following form to -wit: UNITED STATES OF AMERICA STATE OF NEW YORK COUNTY OF TOMPKINS CITY OF ITHACA CITY PURPOSES (SERIAL) BOND, 1991 Statutory Installment Bond $500,000 The City of Ithaca, in the County of Tompkins, a municipality of the State of New York, hereby acknowledges itself indebted and for value received promises to pay to the Tompkins County Trust Company, or its registered successors or assigns, the principal sum of FIVE HUNDRED THOUSAND DOLLARS ($500,000) in eight annual installments, payable $62,500 on July 16 in each of the years 1992 to 1999, both inclusive, and to pay interest on the unpaid balance of such principal sum at the rate of six and twenty -five hundredths per centum (6.25 %) per annum, payable on July 16, 1992 and semi- annually thereafter on January 16 and July 16 in each year from the date of this bond until it matures. Interest will not be paid on any installment of principal or of interest after the due date thereof. Both the installments of principal of and the interest on this bond will be paid to the registered owner of this bond in lawful money of the United States of America at The Tompkins County Trust Company, in Ithaca New York. Notations of principal and interest payments shall be made on a sheet attached hereto and made a part of this bond. This bond is transferable only on the books of the City Clerk kept for such purpose at the City Clerk's office by the registered owner hereof or by said owner's duly authorized legal representatives, upon the surrender of this bond together with a written instrument of transfer satisfactory to the City Clerk duly executed by the registered owner or said owner's duly authorized legal representatives. 22 co M m Q of ,3 July 3, 1991 This bond is a statutory installment bond, the principal sum of which is Five Hundred Thousand Dollars ($500,000) and is issued pursuant to Section 62.10 of the Local Finance Law and.pursuant to a resolution entitled: "RESOLUTION DATED JULY 3, 1991. A RESOLUTION PROVIDING FOR THE CONSOLIDATION AND DETAILS OF $500,000 SERIAL BONDS OF THE CITY OF ITHACA, TOMPKINS COUNTY, NEW YORK, FOR CERTAIN OBJECTS AND PURPOSES IN AND FOR SAID CITY, AND PROVIDING FOR THE SALE OF THE SAME IN THE FORM OF A STATUTORY INSTALLMENT BOND ", duly adopted by the Common Council of the City of Ithaca, Tompkins County, New York, on the 3rd day of July, 1991, and pursuant to other proceedings of the Common Council of said City duly had and taken in all respects authorizing the same. This bond may not be converted into a coupon bond or registered to bearer. The faith and credit of said New York, are hereby irrevocably of the installments of principal according to its terms. City of Ithaca, Tompkins County, pledged for the punctual payment of and the interest on this bond It is hereby certified and recited that all conditions, acts and things required by the Constitution and statutes of the State of New York to exist, to have happened and to have been performed precedent to and in the issuance of this bond, exist, have happened and have been performed, and that this bond, together with all other indebtedness of such City is within every debt and other limit prescribed by the Constitution and laws of such State. IN WITNESS WHEREOF, the City of Ithaca, Tompkins County, New (4000, York, has caused this bond to be signed by its City Controller, and its corporate seal to be hereunto affixed and attested by its City Clerk and to be dated as of the 3rd day of July, 1991. the City Controller of said City. Section 4. All other matters except as provided herein relating to such statutory installment bond, shall be determined by the City Controller of said City. Section 5. The faith and credit of said City of Ithaca, Tompkins County, New York, are hereby irrevocably pledged to the payment of the principal of and interest on such bond as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year. Section 6. Pursuant to the provisions of paragraph b of Section 63.00 of the Local Finance Law, as last amended, said statutory installment bond is hereby sold at private sale to The Tompkins County Trust Company, in Ithaca, New York, at par and accrued interest, if any, it being hereby determined that the total amount of bonds sold by said City at private sale in accordance with the provisions of said paragraph b of Section 63.00 of the Local Finance Law for its current fiscal year, including the statutory installment bond herein authorized, is not in excess of $500,000. The receipt of the City Controller shall be a full acquittance to the purchaser of such statutory installment bond, who shall not be obliged to see to the application of the purchase money. Section 7. I, the undersigned City Controller, (or my predecessor in office), designated, or certified as to the deemed designated status of, the obligations which are being renewed or refunded by the bonds, as "qualified tax - exempt obligations" pursuant to Section 265(b)(3)(B) of the Internal Revenue Code of 23 �114 July 3, 1991 1986 (the "Code "). Based upon such designated or deemed designated status of such obligations, Section 265 (b)(3)(D) of the Code provides that the bonds will be deemed to be designated under Section 265(b)(3)(B) of the Code and will therefore constitute "qualified tax - exempt obligations" within the meaning thereof. Section 8. This resolution shall take effect immediately. The foregoing resolution was duly put to a roll call vote which resulted as follows: Romanowski - Aye Blanchard - Aye Johnson - Aye Daley - Aye Golder - Aye Booth Aye Hoffman - Aye Peterson - Aye Schroeder - Aye Cummings - Absent Ayes (9) Absent (1) Carried Unanimously * 17.16 Finance Department /Controller Request to Extend Authority to Approve Transfers By Alderperson Booth: Seconded by Alderperson Peterson RESOLVED, That the City Controller be and is hereby authorized to continue making requested amendments up to a maximum of $5,000 per instance based on written supportive departmental documentation; provided that at the Controller's discretion, any such departmental request may be subject to B &A and Council action; and further provided that the City Controller shall report in writing each month to the B &A Committee regarding the nature and magnitude of all transfers that have been made during that period. Carried Unanimously * 17.17 Finance Department /Controller - 1990 Annual Report By Alderperson Booth: Seconded by Alderperson Peterson RESOLVED, That this Common Council acknowledges the receipt of the 1990 Finance Department Annual Report. City Controller Cafferillo spoke to the Council regarding the Annual Report. A vote on the resolution resulted as follows: Carried Unanimously * 17.18 Budget Resolution Respecting 1991 Budget By Alderperson Booth: Seconded by Alderperson Daley WHEREAS, the City has received notification of a significant reduction in its 1991 -92 New York State Revenue Sharing allocation of approximately $789,286, and WHEREAS, in view of the fact that this aid was included in the 1991 operating budget as an estimated revenue, its loss requires a corresponding reduction in budget appropriations; now, therefore, be it RESOLVED, That the following targeted budget adjustments be established as a means of off - setting said reduction in State Revenue Sharing: Total Reduction to be Amended in 1991 Budget $789,286 A. 1991 Retirement Appropriations 79.7% General Fund 6.3% Water Fund 7.7% Sewer Fund 6.3% Joint Activity Fund ( 57,786) 24 I. Reallocation of Appropriations for Gasoline. (1991 Budget Estimates were increased substantially because of the projected effect of the Gulf War on oil prices). 55 000 $731,500 and be it further RESOLVED, That the 1991 Budget is hereby amended to reflect those adjustments for which information is currently available: A. Decrease General Fund Account A9010 State July 3, 1991 Net Reduction Required in General Fund 731,500 $ B. Refinancing of Existing Bond Increase Account A2801 Water Fund to reflect Transfer from the Water Fund share Anticipation Notes $150,000 of 1991 reduced Retirement C. Projected Saving to be derived from 3,641 Increase Account A2802 current and future open permanent positions $300,000 $ D. 10% Reduction in Part -time and Increase Account A2704 Transfer from Seasonal Employees for the balance Joint Activity Fund (as above) of 1991 $ 70,000 E. 10% Reduction in Overtime $ 25,000 F. Related Employee Benefit Savings from Principal $150,000 Open Positions, Part -time Seasonal and Overtime During 1991 $ 50,000 co G. Reallocation of Restricted Contingency Items: m Q 1. Not hiring a Superintendent of Public Works during 1991 $ 22,000 2. Contract toward the hiring of Youth Employment Coordinator will not take place until the last 6 months of '91 $ 12,500 3. Not hiring three additional Bus Drivers during 1991 $ 17,000 H. Reallocating C.H.I.P.S. moneys budgeted for the East Clinton Street Bridge Capital Project to the 1991 Street Construction Program. (The Bridge Project would be funded from Capital Reserve #4 for Bridges) $30,000 I. Reallocation of Appropriations for Gasoline. (1991 Budget Estimates were increased substantially because of the projected effect of the Gulf War on oil prices). 55 000 $731,500 and be it further RESOLVED, That the 1991 Budget is hereby amended to reflect those adjustments for which information is currently available: 25 A. Decrease General Fund Account A9010 State Retirement System by $ 46,054 Increase Account A2801 Water Fund to reflect Transfer from the Water Fund share of 1991 reduced Retirement Costs $ 3,641 Increase Account A2802 Transfer from Sewer Fund (as above) $ 4,450 Increase Account A2704 Transfer from Joint Activity Fund (as above) $ 3,641 B. Decrease Appropriation Account A9730 Bond Anticipation Note Principal $150,000 25 416 July 3, 1991 C. Decrease various Departmental Salary Lines throughout the Budget to reflect Savings on Positions which were open through June 10, 1991 $160,000 D. Decrease Appropriation Account A1990 Restricted Contingency by a total of (Detail in G (1)(2)(3) above) $ 51,500 E. Decrease Appropriations in various 420 Lines within the Department of Public Works Accounts for Gas and Oil by $ 50,000 Decrease Police Department Account A3120 -420 for Gas and Oil by $ 5,000 F. Increase Revenue Account 3501 State Aid from C.H.I.P.S. Program (transferred from Account A690 -2) $ 30,000 G. Decrease Revenue Account A5001 State Aid per Capita by the cumulative effect of all adjustments described above $504,286 and be it further RESOLVED, That the City Controller is hereby authorized to adjust the remaining accounts based on consultation with the Mayor, the Budget and Administration Committee Chair and each respective Department Head, to meet the targets established by Common Council herein, or by alternative reductions provided by each applicable Department. All such adjustments shall be reported monthly to Common Council. Discussion followed on the floor. Alderpersons Daley and Schroeder recommended that the retirement appropriation adjustments totaling $57,786, presented in Item A not be made at this time, but that $57,786 of the additional State Aid approved in the final State Budget be applied instead. The following amendment deleted Item A, and adjusted the total reduction in estimated revenue to be derived from State Aid from $789,286 to $731,500. Amending Resolution By Alderperson Daley: Seconded by Alderperson Schroeder RESOLVED, That Item A under the First and Second Resolved Clauses be deleted from the resolution. Discussion followed on the floor. A vote on the Amending Resolution resulted as follows: Ayes (8) - Booth, Daley, Johnson, Blanchard, Romanowski, Golder, Schroeder, Hoffman Nay (1) - Peterson Carried The Main Motion as Amended shall read as follows: WHEREAS, the City has received notification of a significant reduction in its 1991 -92 New York State Revenue Sharing allocation of approximately $731,500, and WHEREAS, in view of the fact that this aid was included in the 1991 operating budget as an estimated revenue, its loss requires a corresponding reduction in budget appropriations; now, therefore, be it 0 :� 'V` 1 July 3, 1991 RESOLVED, That the following targeted budget adjustments be established as a means of off - setting said reduction in State Revenue Sharing: I. Reallocation of Appropriations for Gasoline. (1991 Budget Estimates were increased substantially because of the projected effect of the Gulf War on oil prices. $55,000 $731,500 and be it further RESOLVED, That the 1991 Budget is hereby amended to reflect those adjustments for which information is currently available: (tm� A. Decrease Appropriation Account A9730 Bond Anticipation Note Principal $150,000 B. Decrease various Departmental Salary Lines throughout the Budget to reflect Savings on Positions which were open through June 10, 1991 $160,000 C. Decrease Appropriation Account A1990 Restricted Contingency by a total of (Detail in G (1)(2)(3) above) $ 51,500 27 Total Reduction to be Amended in 1991 Budget $731,500 A. Refinancing of Existing Bond Anticipation Notes $150,000 B. Projected Saving to be derived from current and future open permanent positions $300,000 C. 10% Reduction in Part -time and Seasonal Employees for the balance of 1991 $ 70,000 (\ E. 10% Reduction in Overtime $ 25,000 Mco F. Related Employee Benefit Savings from Open Positions, Part -time Seasonal and Overtime During 1991 $ 50,000 m Q G. Reallocation of Restricted Contingency Items: 1. Not hiring a Superintendent of Public Works during 1991 $ 22,000 2. Contract toward the hiring of Youth Employment Coordinator will not take place until the last 6 months of 191 $ 12,500 3. Not hiring three additional Bus Drivers during 1991 $ 17,000 H. Reallocating C.H.I.P.S. moneys budgeted for the East Clinton Street Bridge Capital Project to the 1991 Street Construction Program. (The Bridge Project would be funded from Capital Reserve #4 for Bridges) $30,000 I. Reallocation of Appropriations for Gasoline. (1991 Budget Estimates were increased substantially because of the projected effect of the Gulf War on oil prices. $55,000 $731,500 and be it further RESOLVED, That the 1991 Budget is hereby amended to reflect those adjustments for which information is currently available: (tm� A. Decrease Appropriation Account A9730 Bond Anticipation Note Principal $150,000 B. Decrease various Departmental Salary Lines throughout the Budget to reflect Savings on Positions which were open through June 10, 1991 $160,000 C. Decrease Appropriation Account A1990 Restricted Contingency by a total of (Detail in G (1)(2)(3) above) $ 51,500 27 July 3, 1991 D. Decrease Appropriations in various 420 Lines within the Department of Public Works Accounts for Gas and Oil by $ 50,000 Decrease Police Department Account A3120 -420 for Gas and Oil by 5,000 E. Increase Revenue Account 3501 State Aid from C.H.I.P.S. Program (transferred from Account A690 -2) $ 30,000 F. Decrease Revenue Account A5001 State Aid per Capita by the cumulative effect of all adjustments described above $446,500 and be it further RESOLVED, That the City Controller is hereby authorized to adjust the remaining accounts based on consultation with the Mayor, the Budget and Administration Committee Chair and each respective Department Head, to meet the targets established by Common Council herein, or by alternative reductions provided by each applicable Department. All such adjustments shall be reported monthly to Common Council. A vote on the Main Motion as Amended resulted as follows: Carried Unanimously * 17.19 Audit By Alderperson Booth: Seconded by Alderperson Johnson RESOLVED, That the bills presented, as listed on Audit Abstract #12/1991, in the total amount of $45,442.85, be approved for payment. Carried Unanimously * 17.20 Attorney Request Additional Funds for Central Processing Facility Litigation By Alderperson Booth: Seconded by Alderperson Hoffman WHEREAS, the City has received the final bill for legal counsel regarding the appeal of the Central Processing Facility lawsuit decision, and WHEREAS, the final bill is greater than the original amount estimated for the appeal process; now, therefore, be it RESOLVED, That $4,500 be transferred from Account A1990, Unrestricted Contingency, to Account A1420 -435, City Attorney Contractual Services, to pay the final bill relative to the Central Processing Facility lawsuit appeal. Discussion followed on the floor regarding the resolution with several Alderpersons commenting on the matter and questions being answered by the City Attorney. Amending Resolution By Alderperson Schroeder: Seconded by Alderperson Blanchard RESOLVED, That the Resolved Clause read as follows: "that $1,519.38, as authorized in Council's resolution of September 5, 1990, be transferred from Account A1990, Unrestricted Contingency, to Account A1420 -435, City Attorney Contractual Services, to pay the remaining portion of the amount authorized by Common Council relative to the Central Processing Facility lawsuit appeal." Discussion followed on the Amending Resolution. W-1 17'i y July 3, 1991 A vote on the Amending Resolution resulted as follows: Ayes (3) - Schroeder, Daley, Blanchard Nays (5) - Booth, Johnson, Romanowski, Golder, Peterson Abstention (1) - Hoffman (possible conflict of interest) Motion Fails Main Motion co", A vote on the Main Motion resulted as follows: Ayes (4) - Peterson, Golder, Booth, Romanowski Nays (4) - Schroeder, Blanchard, Johnson, Daley Abstention (1) - Hoffman (possible conflict of interest) Motion Fails Motion to Reconsider Amending Resolution By Alderperson Romanowski: Seconded by Alderperson Blanchard RESOLVED, That Common Council reconsider the Amending Resolution calling for the payment of $1,519.38 to pay the remaining portion CD of the amount authorized by Common Council relative to the Central Processing Facility lawsuit appeal. —� Carried Unanimously (n Amending Resolution Q By Alderperson Schroeder: Seconded by Alderperson Johnson RESOLVED, That $1,519.38, as authorized in Council's resolution of September 5, 1990, be transferred from Account A1990, Unrestricted Contingency, to Account A1420 -435, City Attorney Contractual Services, to pay the remaining portion of the amount authorized by Common Common relative to the Central Processing Facility lawsuit appeal. Ayes (5) - Blanchard, Schroeder, Romanowski, Daley, Johnson (4wo", Nays (3) - Booth, Golder, Peterson Abstention (1) - Hoffman (possible conflict of interest) Motion Fails HUMAN SERVICES COMMITTEE: * 18.1 Criteria for Funding Community Services By Alderperson Johnson: Seconded by Alderperson Schroeder WHEREAS, the City of Ithaca has in the past appropriated funds to private agencies for cultural enrichment, economic promotion, and other purposes aside from human services, and WHEREAS, the Common Council intends that all such requests be subject to a standardized review process; now, therefore, be it RESOLVED, That a review committee consisting of three Common Council members appointed by the Mayor and assisted by the staff of the Planning Department and Finance Department, be established to review all 1992 requests for non - mandated city funding from private, non - profit agencies that are not subject to Human Services Coalition review, and be it further RESOLVED, That the following requirement and criteria shall be applied to all such requests: Requirements 1. All applications for 1992 funding must be submitted in writing to the City Controller by July 19, 1991. 2. An application may be reviewed either through the Human Services coalition review for human services proposals or through the process described here for other proposals; but not both. 29 Ytz 0 July 3, 1991 3. Each application must include a statement that explains how the activity proposed for city funding will benefit the social, cultural, economic and /or environmental well -being of city residents, in terms as specific as possible: what groups will be served; how many people will be benefitted; what will be the duration of the benefit. 4. If more than 5% of those served by the proposed activity are not city residents, the applicant must also request funding from the county and /or appropriate towns. 5. Each application must include: budgets for 1991 and 1992; financial reports from 1989 and 1990; enumeration of other funding sources. Criteria The review committee shall award points for the degree to which the proposed use of city funds meets each of the following criteria. If the applicant does not supply sufficient information for the committee to make a judgment, the proposal shall receive zero points in each such case. 1. The proposed activity will benefit the social, cultural, economic and /or environmental well -being of residents of the City of Ithaca. 1 - 10 points 2. The proposal will serve city residents in proportion to city funding requested compared to the total program budget. 1 - 5 points 3. The proposal will serve an identified need and does not duplicate another service, with higher points allocated in proportion to the extent of the need in the city. 1 - 5 points 4. The proposal is designed to effectively meet the needs of those to be benefitted; and the proposal includes measurable objectives. 1 - 5 points 5. The applicant demonstrates sound management practices. 1 - 5 points 6. The proposed activity will especially benefit a population in financial need (i.e., below federal poverty guidelines) or the handicapped. 1 - 5 points 7. The proposal will produce a long -term benefit (e.g., one that is physically permanent). 1 - 5 points 8. The funding requested of the county shall be at least twice as great as the city request, and be it further RESOLVED, That the review committee shall, by August 15, 1991 recommend to the Human Services Committee of Common Council whether each request should be funded, in part or in full, and shall inform the applicants of its recommendations, and be it further RESOLVED, That the Human Services Committee shall make its own recommendations to the Mayor for consideration in the 1992 budget by September 1, 1991. Discussion followed on the floor. 30 Q A vote on the resolution resulted as follows: July 3, 1991 Carried Unanimously INTERGOVERNMENTAL RELATIONS COMMITTEE: * 19.1 Approval of Contract with Mutual Housing Association of Tompkins County By Alderperson Booth: Seconded by Alderperson Peterson WHEREAS, by Resolution adopted on April 3, 1991, this Common Council authorized the City Attorney to negotiate a contract with the Mutual Housing Association of Tompkins County, Inc. on certain terms; now, therefore, be it RESOLVED, That the Mayor of the City of Ithaca is hereby authorized to enter into a contract with the Mutual Housing Association of Tompkins County. (A copy of the contract with Mutual Housing Association of Tompkins County was distributed to Council members with the July Council agenda). Discussion followed on the floor. Amendment to Contract Alderperson Daley suggested that the contract, on page 5, under #12, Option, be amended to require that the second phase cannot be started unless there have been fourteen units constructed in the first phase and the second phase cannot be authorized unless it includes fourteen additional units. There was no objection from Council members, therefore, the language will be changed. (WO, For clarification, Alderperson Booth suggested that on Page 1 of the contract, under #1, Description of Property, in the third line, the words "being the premises" be deleted and the words "which was" be inserted in its place. Discussion followed on the floor with City Attorney Guttman answering questions from Council members. A vote on the resolution resulted as follows: Ayes (8) - Booth, Johnson, Daley, Peterson, Romanowski, Golder, Schroeder, Hoffman Nay (1) - Blanchard Carried ADJOURNMENT On a motion the meeting adjourned at 10:25 p.m. ��t E'�-� � % ���_�-C "� � U• LCD iikkllwo-, Callista F. Paolange i City Clerk 31 Benjamin Nichols Mayor Z/-Z/ MEMORANDUM OF UNDERSTANDING 11 G AUG2 1991 �- CItY CLERK'S NfFtCE lthacc, N.Y. �� THIS MEMORANDUM OF UNDERSTANDING is made bet Tl the TOWDF1 ITHACA, a municipal entity under the laws of the„'b`t w York, with offices at 126 East Seneca Street, Ithaca'; �w1 rk, hereinafter called the "Town ", and the CITY OF ITHACA, a municipal corporation formed under the laws of the State of New York, with offices at 108 East Green Street, Ithaca, New York, hereinafter called the "City ". WHEREAS, the Town is in the process of planning for and constructing a recreational trail in the South Hill area of the Town; and WHEREAS, a portion of the South Hill Trail will go over property presently owned by New York State Electric & Gas (4800, Corporation (hereinafter called " NYSEG") being the old D L & W Railroad right of way; and WHEREAS, NYSEG has agreed to grant only a revocable license over approximately 1300 feet of the old railroad right of way needed for the South Hill Trail; and WHEREAS, the New York State Office of Parks, Recreation and Historic Preservation (hereinafter referred to as the "State ") is providing grant funds for the acquisition and construction of the South Hill Trail; and WHEREAS, it is a condition of receiving such grant funds that the Town be assured of having use of the trail facilities for at least 23 years; and WHEREAS, because of NYSEG's requirement that a portion of the trail be in the form of a revocable license the Town needs an alternative route for the terminus of the trail at its southerly end; and WHEREAS, the City wishes to cooperate with the Town of Ithaca in permanently protecting and promoting the Six Mile Creek Water Shed Area for appropriate recreational use by both Town and City residents; NOW, THEREFORE, in consideration of the premises and in order to permit the Town to continue the process of obtaining a grant for such trail the parties agree as follows: 1. If the Town of Ithaca acquires a revocable license from NYSEG for the southerly portion (approximately 1300 feet) of the South Hill Trail as more particularly shown on the map annexed hereto and if prior to December 31, 2016, NYSEG revokes the Town's right to use such portion of the trail, the City hereby agrees to grant to the Town a permanent easement for an alternate 2nemo.un3, ith, 7/16/91 10:12am terminus of the trail. 2. The location of the alternate terminus is denominated "Proposed Alternate Recreation Way Route over City of Ithaca Lands" on the attached map entitled "South Hill Recreation Way Alternate Trail Route" and will run substantially from Coddington Road northeasterly, northwesterly and then northerly to the point where it intercepts the portion of the South Hill Trail to be located on the old D L & W right of way. 3. Said easement would be 60 feet in width for a portion of the easement and 40 feet in width for the balance, all as more particularly shown on the annexed map. 4. The easement agreement would be in the usual form of Town easements, similar in form to the easement obtained by the Town from Donald Street containing normal warranties of title and in form acceptable to the State. 5. The easement shall be executed by the City and delivered to the Town within 60 days of the request for same from the Town. The Town agrees it will not request said easement unless its license from NYSEG has been revoked. 6. If the Town requests said easement, upon receipt of the same from the City or its successor in interest, the Town agrees to pay reasonable compensation for the same. Unless the parties agree otherwise, the compensation will be determined by ascertaining the fair market value of the parcel of land the City currently owns fronting on Coddington Road from which this easement is being taken, before the conveyance to the Town less the value of the said parcel after the conveyance to the Town. Compensation shall be payable only for diminution in value of parcels then fronting on Coddington Road. If the parties are unable to agree on the amount of compensation within ten (10) days of the request for easement from the Town, the parties shall jointly select an appraiser to determine the value. If the parties are unable to agree on an appraiser within the next five (5) days (i.e., within fifteen (15) days of the request of the easement from the Town), then each party shall select an appraiser, which selection shall occur within the next five (5) days (or by twenty (20) days from the date of the request for the easement from the Town) . The two appraisers so selected shall, within the next five (5) days (within twenty -five (25) days of the request for the easement from the Town), appoint a third appraiser and the three appraisers shall proceed to determine the value. The vote of two of the three appraisers shall be sufficient to determine the value and the value as so determined shall be binding upon the parties. The appraisers shall determine such value within fifteen (15) days of the appointment of the last appraiser (i.e., within forty (40) days of the 6 Imemo.un3, ith, 7/16/91 10:12am 1991. TOWN OF ITHACA By: Shirley Raffensperger Supervisor, CITY =A By: t/ Benjamin Nichols Mayor STATE OF NEW YORK ) COUNTY OF TOMPKINS)ss.: On this / day of � 1991, before me, came Shirley Raffensperger, to me erson`�lly known who, being by me duly sworn, did depose and say that she resides at 139 Pine Tree Road, Ithaca, New York, and that she is the Supervisor of the Town of Ithaca, who executed the within instrument, and she acknowledged to me that she executed the same, and that such execution was on behalf of the ow of Ithaca and that the Town Board of such Town duly authori ed s ch execution. Votary Public JEAN H. SWARTWOOD Notary Public, State of New York STATE OF NEW YORK ) Qualified in Tompkins Co. No. 4702044 COUNTY OF TOMPKINS) ss.: Commission Expires Feb. 28, 19 On this 3/104 day of 1991, before me, came Benjamin Nichols, to me personally known who, being by me duly sworn, did depose and say that he resides at iar Ithaca, New New York, and that he is the Mayor of the City of Ithaca, who executed the within instrument, and he acknowledged to me that he executed the same, and that such execution was on behalf of the City of Ithaca and that the Common Council of such City duly authorized such execut' n. of ry Pu 1 c 5 7 July 3, 1991 Resolution to Close Public Hearing By Alderperson Booth: Seconded by Alderperson Peterson RESOLVED, That the Public Hearing to consider an Ordinance amending Section 30.58 entitled 'Board of Appeals' of Chapter 30 entitled 'Zoning' of the City of Ithaca Municipal Code Cbedeclared closed MAYOR'S APPOINTMENTS: Board of Zoning Appeals Mayor Nichols requested approval of Council for the appointment of Judith Rossiter, 521 South Cayuga Street, to the Board of Zoning Appeals with a term to expire December 31, 1991, to replace Janis Cochran who has resigned. Resolution By Alderperson Johnson: Seconded by Alderperson Peterson RESOLVED, That this Council approves the appointment of Judith Rossiter to the Board of Zoning Appeals with a term to expire December 31, 1991. Carried Unanimously Board of Fire Commissioners Mayor Nichols requested approval of Council for the appointment of Susan Begg, 204 West Lincoln Street, to the Board of Fire Commissioners for a three -year term expiring June 30, 1994. Resolution By Alderperson Peterson: Seconded by Alderperson Hoffman RESOLVED, That this Council approves the appointment of Susan Begg to the Board of Fire Commissioners with a term to expire June 30, 1994. Carried Unanimously Disability Advisory Council Mayor Nichols requested approval of Council for the following appointments to the Disability Advisory Council with terms to expire June 30, 1994: Larry Roberts 301 South Geneva Street Diana Pogson 105 Crescent Place Arthur Watkins 800 South Plain Street Richard Maxwell 34 Turkey Hill Road Resolution By Alderperson Blanchard: Seconded by Alderperson Golder RESOLVED, That this Common Council approves the appointments of Larry Roberts, Diana Pogson, Arthur Watkins and Richard Maxwell to the Disability Advisory Council with terms to expire June 30, 1994. Carried Unanimously Tompkins County Economic Advisory Board Mayor Nichols reported that he has appointed Shelly Feldman, 319 East Court Street, to the Tompkins County Economic Advisory Board. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: Recreationway Mr. Guy Gerard, 151 Chestnut Street, urged Council members to be M cautious in guarding our City reservoir in the area of the proposed recreationway. REPORT OF BOARD OF REPRESENTATIVES: Mr. Eric Lerner, 1st Ward Representative, addressed Council on the following matters: County Reclassification Process - The process is in the appeal stage at this time and should be finished by the end of summer. 2 3--11 COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 7:00 P.M. July 3, 1991 PRESENT: Mayor Nichols Alderpersons (9) - Booth, Johnson, Romanowski, Daley, Peterson, Hoffman, Golder, Schroeder, Blanchard ABSENT: Alderperson Cummings OTHERS PRESENT: City Clerk - Paolangeli City Attorney - Guttman (� City Controller - Cafferillo co Deputy City Controller - Thayer Planning and Development Deputy Director - Sieverding Police Chief - McEwen Fire Chief - Olmstead (� Acting Building Commissioner - Eckstrom Q Personnel Administrator - Saul Youth Bureau Director - Cohen Board of Public Works Commissioners - Reeves, Berg Tompkins County Board of Representatives - Lerner PLEDGE OF ALLEGIANCE: Mayor Nichols led all present in the Pledge of Allegiance to the American flag. MINUTES• Approval of Minutes of the June 5, 1991 Common Council Meeting By Alderperson Daley: Seconded by Alderperson Schroeder RESOLVED, That the Minutes of the June 5, 1991 Common Council meeting be approved as published. Carried Unanimously ADDITIONS TO OR DELETIONS FROM THE AGENDA: Human Services Committee Alderperson Johnson requested the deletion of Item 18.2, Disability Advisory Council Progress Report, as it will be reported on at an earlier time in the meeting by the Chair of the Disability Advisory Council. SPECIAL ORDER OF BUSINESS: Public Hearing to Consider an Ordinance to Amend Section 30.58 Entitled `Board of Appeals' of Chapter 30 Entitled `Zoning' of the City of Ithaca Municipal Code Resolution to Open Public Hearing By Alderperson Romanowski: Seconded by Alderperson Schroeder RESOLVED, That the Public Hearing to consider an Ordinance amending Section 30.58 entitled `Board of Appeals' of Chapter 30 entitled 'Zoning' of the City of Ithaca Municipal Code be declared open. Carried Unanimously Alderperson Booth explained the changes in Section 30.58 being considered by Council. No one appeared to address the public hearing. 3VY July 3, 1991 Town of Ithaca Water and Sewer to Inlet Valli - The Town of Ithaca has proposed improvements to the water and sewer services to Inlet Valley and the Board passed a resolution on June 26th regarding this matter. Commissioner Reeves answered questions from Council members. COMMUNICATIONS FROM THE MAYOR: State and City Budgets Mayor Nichols stated that the Capita Aid that the City will be by $70,000, net. He stated that Governor have done is to make months to make up a cut in approximately $800,000 that the stressed how difficult this is latest figure for the State Per getting in 1992 has been increased what the State Legislature and the a cut in mid -year. We have six this year's budget for funds of City fully expected to receive. He going to be for the City. REPORT OF CITY CONTROLLER: State and City Budgets City Controller Cafferillo reported to Council on the status of the State budget as it relates to the City budget. He handed out to Council members a paper entitled 'Possible Status of State Aid as of July 3, 1991' and explained the meaning of the figures on the sheet. Discussion followed with City Controller Cafferillo answering questions from Council members. REPORT OF CITY ATTORNEY: Robert Blake Lawsuit City Attorney Guttman reported that the City has been sued by Robert Blake regarding an incident in January 1991 involving a police issue. Scott Gentile Lawsuit City Attorney Guttman reported that the City has been sued by Scott Gentile regarding an incident from July 18, 1988 which occurred at Cass Park. Case of Avramis v the City of Ithaca City Attorney Guttman reported that the case of Avramis v. the City of Ithaca, regarding the Collegetown building moratorium issue, has been discontinued without cost to either party. Thomas Cirafici Lawsuit City Attorney Guttman reported that the Thomas Cirafici v. the City of Ithaca lawsuit that was being heard by the United States District Court for the District of Nevada has been dismissed. Vincent Giordano and Ironics City Attorney Guttman reported that the business deal with Vincent Giordano and Ironics for the conveyance of an approximate 5,000 square -foot parcel of land from the Carpenter Business Park to Mr. Giordano and the conveyance to Ironics of an option for lease /purchase of a 2.6 -acre site in Carpenter Business Park has been concluded. CSEA Arbitration Matter City Attorney Guttman reported that was brought by the CSEA in regard to Step 1, the arbitrator found in particular case but did not rule justification. 4 in an arbitration matter that the City hiring someone above favor of the CSEA in this out such hiring with proper I J July 3, 1991 Public Hearing on Fair Practices Ordinance - There will be a public hearing on the ordinance to prohibit discrimination on the basis of sexual preference on Tuesday July 9th at the County Board meeting. Hillview Landfill - The County, this year, appointed a Solid Waste and Resource Management Committee and a new consultant was brought in to drill new wells to test for leachate in the center of the landfill to see which way the water flow was going in the ground under the landfill. At the present time the final readouts are not (400.1 available but Mr. Lerner understands that they have been generating a lot of data that will be useful in understanding what's happening with the flow of poisons out of that landfill. However, the State Department of Environmental Conservation is now demanding that those wells be shut down immediately and there is discussion going on between the County and the State regarding this matter. This matter will be discussed at the County Board of Reps meeting on July 9th. Rental Housing Commission co Mr. John Efroymson, Chair, reported that the Commission is in the co process of composing a Landlord /Tenant Resource Guide that will be available to the agencies that give assistance to the community. m Mr. Efroymson reported that the Commission has a survey going on in < part of the Collegetown area on rents, vacancy rates, etc. They are also working on a complete rental housing survey. Mr. Efroymson stated that the Commission will be sponsoring a "Renters Speak -out" forum on July 17th. Disability Advisory Council Ms. Brenda Kuhn, Interim Chair, referred to a DAC Progress Report that Council members received in their agenda packets, under the Human Services Committee. She said that the report covers the time from August 1990 until April 1991. She commented on and highlighted some of the individual items in the report. Discussion followed with Ms. Kuhn answering questions from Council members. Board of Public Works Commissioner Reeves reported on the following matters: Design for the Cascadilla Creek Bridge at North Cayuga Street - Since there is no structural engineer in- house, the design will have to be contracted out. Therefore, it is anticipated that the design will be complete and let for bid this year with construction to take place in 1992. Elmira Road Sidewalks - On June 26th the Board of Public Works passed a resolution to have the Planning and Development Board and the Disability Advisory Council review the plans that were prepared by Peter Weed and report back to the Board on those plans. Ithaca Transit - On June 26th the Board of Public Works passed a resolution congratulating Ithaca Transit for receiving an Outstanding Achievement Award for Motor Bus Safety in 1990 from the American Public Transit Association. Another resolution was passed congratulating two of our bus drivers who placed fourth and fifth in the 1991 Bus Rodeo. Parking Ramp Permit Sales - On June 12th the Board passed a resolution establishing a trial period of unlimited permit sales for the Green Street and Seneca Street parking ramps. Green Street Parking Ramp - Renovations will go out to bid within the next couple of weeks. Some of the work will be done in 1991 but the major portion of the work will be done in 1992. 91 3`/4 July 3, 1991 * 15.2 A Local Law Repealing Local Law Number 3 of the Year 1988 By Alderperson Peterson: Seconded by Alderperson Schroeder LOCAL LAW NO. OF THE YEAR 1991 CITY OF ITHACA A Local Law repealing Local Law Number 3 of the year 1988 which authorized the City of Ithaca to establish, own and operate public utility services - Ithaca Falls. BE IT ENACTED by the Common Council of the City of Ithaca, New York as follows: Section 1. Local Law Number 3 of the year 1988 which authorized the City of Ithaca to establish, own and operate public utility services - Ithaca Falls is hereby repealed. Section 2. This Local Law shall take effect immediately after filing with the Office of the Secretary of State. Discussion followed on the floor with City Attorney Guttman answering questions from Council members. A vote on the Local Law resulted as follows: Carried Unanimously PLANNING AND DEVELOPMENT COMMITTEE: * 16.1 GIAC Pool and Neighborhood Park - Negative Declaration By Alderperson Hoffman: Seconded by Alderperson Schroeder WHEREAS, the GIAC Pool Client Committee has investigated alternate plans for a pool, bathhouse, pavilion and resurfaced basketball courts in the open area located at the corner of Court and North Albany Streets, and WHEREAS, appropriate environmental review has been conducted including the preparation of the Long Environmental Assessment Form (LEAF), and WHEREAS, it appears that the proposed action is a Type II action under the State Environmental Quality Review Act (SEAR), including the Part 617 regulations thereunder, and is a Type I action under the City Environmental Quality Review Act (EQR Section 36.5 (E)), and WHEREAS, it appears that the proposed action will not have a significant effect on the environment, now, therefore, be it RESOLVED, That this Common Council, as lead agency in this matter, hereby does adopt as its own the findings and conclusions more fully set forth on the Long Environmental Assessment Form dated May 17, 1991 and, be it further RESOLVED, That this Common Council as lead agency, hereby does determine that the proposed action at issue will not have a significant effect on the environment, and that further environmental review is unnecessary under the circumstances, and, be it further RESOLVED, That this resolution shall constitute notice of this negative declaration and the City Clerk be and she is hereby directed to file a copy of the same, together with the attachment, in the City Clerk's Office and forward the same to any other parties as required by law. Carried Unanimously July 3, 1991 CHARTER AND ORDINANCE COMMITTEE: * 15.1 A Local Law Amending Article III Entitled `The Common Council' Section 3.3 Thereof Entitled `Procedure at Meetings; Minutes: Quorum' By Alderperson Peterson: Seconded by Alderperson Johnson LOCAL LAW NO. OF THE YEAR 1991 (46MVe CITY OF ITHACA A LOCAL LAW AMENDING ARTICLE III ENTITLED `THE COMMON COUNCIL', SECTION 3.3 THEREOF ENTITLED `PROCEDURE AT MEETINGS; MINUTES: QUORUM' BE IT ENACTED by the Common Council of the City of Ithaca, New York as follows: SECTION 1. AMENDING ARTICLE III, SECTION 3.3 THEREOF Section 3.3 of the City of Ithaca Charter is hereby amended to co read as follows: M Section 3.3 Procedure at Meetings; Minutes: Quorum At all meetings of the Common Council, the Mayor, when Q present, shall preside. In the proceedings of the Common Council, each member present shall have a vote except the Mayor, who shall have only a casting vote when the votes of the other members are tied, and except as hereinafter provided. The sittings of the Common Council shall be public except when the public interests shall require secrecy. The minutes of the proceedings shall be kept by the City Clerk, and the same shall be open at all times to public inspection. A majority of the members of the Common Council shall be a quorum for the transaction of business. In the event that fewer than ten members of Common Council vote on any substantive question (if a member abstains from voting, it shall be considered as if that member did not vote), the concurring vote of five or more members of the Common Council shall be sufficient to exercise any power which may be exercised by the majority vote of Common Council, but no tax or assessment shall be ordered except by a concurring vote of majority of all members of the Common Council in office, including the Mayor, who shall be entitled to vote thereon as a member of the Council, and no tax levied, assessment bill ordered, resolution or ordinance shall take effect until the same shall receive the approval of the Mayor, as hereinafter provided." SECTION 2. EFFECTIVE DATE. This law shall take effect immediately after filing in the Office of the Secretary of State. Discussion followed on the floor. A vote on the Local Law resulted as follows: Ayes (7) - Peterson, Johnson, Daley, Golder, Booth, Hoffman, Schroeder Nays (2) - Blanchard, Romanowski Carried 5 July 3, 1991 BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, New York, as follows: SECTION 1. RENUMBERING SECTION. That the first paragraph of Section 30.58(B)(3) entitled "Variance" is hereby amended by making the title of that section plural and renumbering by the insertion of I in front of the sub- section entitled "Use Variance ", so that it reads as follows: 3. Variances: I. Use Variance: Where there are practical difficulties or unnecessary hardship imposed by strict application of regulations governing permitted uses or permitted accessory uses, as set forth in this Chapter, the Board of Zoning Appeals shall have the power pursuant to Subdivision 3 of Section 81 of the General City Law, to grant a variance modifying the application of these regulations. In reaching a decision or determination of practical difficulties or unnecessary hardship the Board of Appeals shall find the following conditions are present before granting a variance to the use regulations of this Chapter: a. That there are special circumstances or unique conditions, fully described in the findings of the Board, applying to such land or buildings and not applying generally to land or buildings in the neighborhood, which would prevent said land or buildings from yielding a reasonable return if used for any permitted purpose. b. That for reasons fully set forth in the findings of the Board, the granting of the variance is necessary for the reasonable use of the land or building. C. That the granting of the variance will be in harmony with the general purposes and intent of this Chapter, and will not be injurious to the neighborhood or otherwise detrimental to the public welfare. SECTION 2. AMENDING AREA VARIANCE SECTION. That the sub - section entitled "Area Variance" of Section 30.58(B)(3) is hereby amended to read as follows: II. Area Variance: Area regulations in zoning are designed to control the amount of open space surrounding structures on a lot in order to manage density, and provide safe access, sunlight, air circulation, room for landscaping or other aesthetic considerations. Where there are practical difficulties or special conditions which make area requirements governing lot size, yard size, set - backs, building height, off - street parking and all other similar requirements, except the USE of land, unreasonable or impossible to comply with, the Board of Appeals shall have the power, pursuant to Subdivision 4 of Section 81 of the General City Law, to grant a variance or variances from any provision of these requirements so long as the spirit of the Zoning Ordinance is observed. a. Practical difficulties or special conditions: The terms "practical difficulties" or "special conditions" mean that there are unusual physical circumstances or other conditions peculiar to the particular lot or improvement thereon which make it impractical, expensive, infeasible or difficult to develop property in strict conformity with the provisions of the zoning regulations. Examples of such practical difficulties or special conditions include, but are not limited to, irregularity, narrowness or shallowness of lot size or shape, or exceptional topographical or other physical conditions. N. Irn aq/ July 3, 1991 * 16.2 Area Variance Criteria Revisions..- Negative Declaration By Alderperson Hoffman: Seconded by Alderperson Blanchard WHEREAS, an amendment to the Zoning Ordinance expanding the list of criteria that can be considered by the Board of Zoning Appeals when determining whether or not an area variance is to be granted is to be acted on by Common Council, and WHEREAS, appropriate environmental review has been conducted with the preparation of the Short Environmental Assessment Form (SEAF) and WHEREAS, it appears that the proposed action is an "unlisted" action under the State Environmental Quality Review Act (SEQR), including the Part 617 regulations thereunder, and is an "unlisted" action under the City Environmental Quality Review Act (EQR Section 36.5 (E)), and WHEREAS, it appears that the proposed action will not have a significant effect on the environment, now, therefore, be it CD RESOLVED, That this Common Council, as lead agency in this matter, M hereby does adopt as its own the findings and conclusions more D fully set forth on the Short Environmental Assessment Form May 22, (o 1991 and, be it further Q RESOLVED, That this Common Council as lead agency, hereby does determine that the proposed action at issue will not have a significant effect on the environment, and that further environmental review is unnecessary under the circumstances, and, be it further RESOLVED, That this resolution shall constitute notice of this negative declaration and the City Clerk be and she is hereby (Ww", directed to file a copy of the same, together with the attachment, in the City Clerk's Office and forward the same to any other parties as required by law. Carried Unanimously * 16.3 An Ordinance Amending Section 30.58 Entitled `Board of Appeals' of Chapter 30 Entitled `Zoning' of the City of Ithaca Municipal Code By Alderperson Hoffman: Seconded by Alderperson Peterson WHEREAS, an amendment to the Zoning Ordinance expanding the list of criteria that can be considered by the Board of Zoning Appeals when determining whether or not an area variance is to be granted is to be acted on by Common Council, and WHEREAS, appropriate environmental review has been conducted with the preparation of the Short Environmental Assessment Form (SEAF) and the Common Council has declared there will be no negative environmental consequences as a result of adopting this change to the Zoning Ordinance, and WHEREAS, the Common Council has conducted a public hearing on this change after having published a notice in the City's official newspaper as specified in Section 3.11(B) of the City Charter, now, (4mwl therefore be it RESOLVED, That the Common Council hereby adopts the following Ordinance amending Section 30.58 entitled `Board of Appeals' of Chapter 30 entitled `Zoning' of the City of Ithaca Municipal Code. ORDINANCE NO. 91 - AN ORDINANCE AMENDING SECTION 30.58 ENTITLED `BOARD OF APPEALS' OF CHAPTER 30 ENTITLED `ZONING' OF THE CITY OF ITHACA MUNICIPAL CODE. 7 July 3, 1991 relevant to the application. The Board may balance the interests involved before rendering a decision. The written decision shall then set forth the Board's conclusions of law. b. Conditional Variance: In rendering a decision in favor of the applicant under this section, the Board of Zoning Appeals may attach such conditions to the variance as it may consider necessary and appropriate under the circumstances to implement the purposes of the Zoning Ordinance and any master plans for the City then in effect. Any such conditions shall be indicated in the Board's written decision. C. Continuance for Consultation and Advice: In deciding whether or not to grant an area variance, the Board of Zoning Appeals may, on its own motion, or upon request by an applicant, duly noted on the record, continue its hearing of the appeal in order to request information or a recommendation from any City Commission or Board with expertise in the issue under consideration. Upon receiving such a request from the Board of Zoning Appeals, the Commission or Board to whom the request is directed will consider the merits of the variance request in light of the criteria outlined in this ordinance and recommend to the Board of Zoning Appeals whether to grant, grant with conditions or deny the requested variance. Such recommendation shall be forwarded to the Board of Zoning Appeals for its consideration at the first meeting following the original variance request hearing, unless the Board or Commission in question shall have received the referral less than seven days before its own meeting, or requires additional information, in which case an additional continuation for an additional month may be granted. Prior to seeking an area variance, an applicant may also request a recommendation on a proposed variance request from any City Board or Commission with expertise on an issue being considered and include that recommendation in the appeal to the Board of Zoning Appeals. SECTION 4. EXPIRATION OF VARIANCES. That a new Subdivision known as Subdivision 30.58 (B) (4) is hereby added to read as follows: When a variance is granted by the Board of Appeals, and a building permit to construct the building or part thereof for which the variance has been granted has not been obtained within one year from the day of the granting of the variance, said variance shall become void. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect after public notice and hearing in accordance with law upon publication of a notice as provided in Section 3.11 (B) of the Ithaca City Charter. (Publication date: July 11, 1991) Carried Unanimously * 16.4 Revocation of Requirement for Weekly Listing Prior to Issuance of Building Permit By Alderperson Hoffman: Seconded by Alderperson Schroeder WHEREAS, Common Council on March 2, 1988 stipulated that applications for certain building permits must appear on a weekly list then circulated to alderpersons and the Mayor, prior to issuance of the permits; and 10 July 3, 1991 b.(1) Standards to be applied: An applicant for an area variance must demonstrate that the variance, if granted, will not create a substantial negative change in the essential character of the neighborhood or district in which the property is located, nor substantially or permanently impair the appropriate use or development of adjacent property, nor be detrimental to the public welfare. b. (2) Burden of proof: The burden is on the applicant to clearly identify the nature of the practical difficulty or special condition and to document, through economic or other data, why it is impractical, infeasible, expensive or difficult to develop the property in strict conformity with the zoning ordinance. b. (3) Factors which may be considered in evaluating the request: In determining whether to grant an area variance the Board may consider: iv) whether granting the variance will have a positive impact on the amount, type, price, or location of the City's supply of affordable housing; in order for the Board to consider this factor, the applicant must demonstrate that there exists a binding legal obligation to provide housing, for a period of not less than fifteen years, which is affordable to low- or moderate - income families or individuals as defined by federal regulations or other clearly recognized standards; v) whether granting the variance will enhance or foster the preservation of the scenic or natural beauty of the area, its architectural character, historic resources or other rare or irreplaceable features. If the applicant wishes the Board to consider any of the factors under this section, the burden of proof is on the applicant to clearly identify the factor and to submit sufficient evidence to establish that this factor applies. c. Self - created Hardship: A finding of self- created hardship will not, in and of itself, justify the denial of an area variance. The Board may, however, consider the degree to which the hardship is self - created as a factor to be weighed. Although self - created hardship need not prevent the board from granting an area variance, the existence of a self- created hardship does not entitle the applicant to a variance. SECTION 3. GENERAL PROVISIONS REGARDING VARIANCES (awl That a new subdivision entitled "General Provisions Regarding Variances" is hereby added to read as follows: III. General Provisions Regarding Variances a. Findings of Fact and Conclusions of Law: The written decision of the Board should identify the nature of practical difficulty, special condition or economic hardship, if any, and indicate the Board's findings of fact on all of the factors 7 i) whether the requested variance represents a relatively co minor deviation from the area requirements in question; M ii) whether a substantial positive change will be produced in D the character of the neighborhood; M iii) whether granting the variance will increase the accessibility or adaptability of the property for handicapped or disabled individuals; iv) whether granting the variance will have a positive impact on the amount, type, price, or location of the City's supply of affordable housing; in order for the Board to consider this factor, the applicant must demonstrate that there exists a binding legal obligation to provide housing, for a period of not less than fifteen years, which is affordable to low- or moderate - income families or individuals as defined by federal regulations or other clearly recognized standards; v) whether granting the variance will enhance or foster the preservation of the scenic or natural beauty of the area, its architectural character, historic resources or other rare or irreplaceable features. If the applicant wishes the Board to consider any of the factors under this section, the burden of proof is on the applicant to clearly identify the factor and to submit sufficient evidence to establish that this factor applies. c. Self - created Hardship: A finding of self- created hardship will not, in and of itself, justify the denial of an area variance. The Board may, however, consider the degree to which the hardship is self - created as a factor to be weighed. Although self - created hardship need not prevent the board from granting an area variance, the existence of a self- created hardship does not entitle the applicant to a variance. SECTION 3. GENERAL PROVISIONS REGARDING VARIANCES (awl That a new subdivision entitled "General Provisions Regarding Variances" is hereby added to read as follows: III. General Provisions Regarding Variances a. Findings of Fact and Conclusions of Law: The written decision of the Board should identify the nature of practical difficulty, special condition or economic hardship, if any, and indicate the Board's findings of fact on all of the factors 7 /�c)z July 3, 1991 RESOLVED, that the Mayor, subject to the review of the City Attorney, be authorized to execute the attached Memorandum of Understanding providing that if the Town of Ithaca acquires a revocable license from the New York State Electric and Gas Corporation for the southerly portion of the South Hill Recreationway and if, prior to December 31, 2016, New York State Electric and Gas Corporation revokes the Town's right to use such portion of the trail that the City would grant to the Town a permanent easement for an alternate terminus of the trail on the terms and conditions more particularly set forth in the Memorandum of Understanding, and be it further RESOLVED, That Common Council respectfully requests that the Town of Ithaca accord high priority to its consideration of the proposal by the Town's Conservation Advisory Council, as endorsed by the City of Ithaca in January 1991 for more protective zoning designation and land use regulation of property within the Six Mile Creek area in the Town of Ithaca. Amending Resolution By Alderperson Hoffman: Seconded by Alderperson Peterson RESOLVED, That the Seventh Whereas Clause be deleted from the resolution. Discussion followed on the floor. A vote on the Amending Resolution resulted as follows: Carried Unanimously Further discussion followed on the floor. Mayor Nichols stated, for the record, that the Council is considering this revised resolution and Memorandum of Understanding because the Town of Ithaca would not agree to the previous resolution from June's Common Council meeting. Amendment to the Memorandum By Alderperson Peterson: Seconded by Alderperson Johnson RESOLVED, That the Seventh Whereas Clause in the Memorandum of Understanding be deleted and what is now the Seventh Whereas Clause in the Resolution, which reads as follows, be substituted in its place: "WHEREAS, the City wishes to cooperate with the Town of Ithaca in permanently protecting and promoting the Six Mile Creek watershed area for appropriate recreational use by both Town and City residents, and" Carried Unanimously Amending Resolution By Alderperson Hoffman: Seconded by Alderperson Daley RESOLVED, That the following three Whereas Clauses be added after the 9th Whereas Clause in the original Resolution: "WHEREAS, the land adjacent to the proposed Recreationway surrounds and protects the integrity of the water reservoir of the City of Ithaca and the Six Mile Creek Natural Area, and WHEREAS, over the past seven years, several entities, including the Town of Ithaca's Conservation Advisory Council, as well as this Common Council, have recommended that the Town of Ithaca adopt more protective zoning for land in the Six Mile Creek area of the Town, in order to protect the integrity of the water supply and the natural character of the area, and 12 �16l July 3, 1991 WHEREAS, with the implementation of the Site Development Plan Review Ordinance, as well as a better understanding of the requirements of environmental review for certain actions, it appears that the delay in issuance of building permits is no longer necessary; and WHEREAS, the Downtown Vision Task Force has recommended the elimination of said delay; now, therefore be it RESOLVED, That the stipulation that certain building permits may not be issued until their publication on a weekly list is hereby repealed, effective immediately: and be it further RESOLVED, That the weekly publication of certain building permit applications, as described in the March 2, 1988 Common Council resolution, be continued. Carried Unanimously 16.5 Town of Ithaca Easement for Recreationway co By Alderperson Hoffman: Seconded by Alderperson Schroeder WHEREAS, the Town of Ithaca is in the process of planning for and constructing a recreational trail in the South Hill area of the Town of Ithaca; and m Q WHEREAS, a portion of the South Hill Recreationway will go over property owned by the New York State Electric and Gas Corporation, being the old D. L. & W. railroad right of way; and WHEREAS, the New York State Electric and Gas Corporation has agreed to grant only a revocable license over approximately 1,300 feet of the old right of way needed for the South Hill Recreationway; and WHEREAS, the New York State Office of Parks, Recreation, and (woo" Historic Preservation is providing grant funds for the acquisition and construction of the South Hill Recreationway; and WHEREAS, it is a condition of the Town receiving such grant funds that the Town be assured of having the use of the trail facilities for at least 23 years; and WHEREAS, because of New York State Electric and Gas Corporation's requirement that a portion of the trail be in the form of a revocable license, the Town of Ithaca needs an alternative route for the terminus of the trail at its southerly end; and WHEREAS, the City is desirous of having the Town construct a trail to provide a recreational asset to be used not only by Town residents but City residents as well, and WHEREAS, the City wishes to cooperate with the Town of Ithaca in permanently protecting and promoting the Six Mile Creek watershed area for appropriate recreational use by both Town and City residents, and WHEREAS, the City is the owner of certain property more particularly shown on a map entitled "South Hill Recreationway - Alternative Trail Route" prepared by the Town of Ithaca dated April 3, 1991 over which the alternate terminus of the trail could run, and WHEREAS, the transfer to the Town of an easement over a portion of this property as shown on the aforesaid map will not adversely affect the City's use of this property; now, therefore, be it 11 4a �, July 3, 1991 WHEREAS, the New York State Office of Parks, Recreation, and Historic Preservation is providing grant funds for the acquisition and construction of the South Hill Recreationway; and WHEREAS, it is a condition of the Town receiving such grant funds that the Town be assured of having the use of the trail facilities for at least 23 years; and WHEREAS, because of New York State Electric and Gas Corporation's requirement that a portion of the trail be in the form of a revocable license, the Town of Ithaca needs an alternative route for the terminus of the trail at its southerly end; and WHEREAS, the City wishes to cooperate with the Town of Ithaca in permanently protecting and promoting the Six Mile Creek watershed area for appropriate recreational use by both Town and City residents, and WHEREAS, the City is the owner of certain property more particularly shown on a map entitled "South Hill Recreationway - Alternative Trail Route" prepared by the Town of Ithaca dated April 3, 1991 over which the alternate terminus of the trail could run, and WHEREAS, the transfer to the Town of an easement over a portion of this property as shown on the aforesaid map will not adversely affect the City's use of this property, and WHEREAS, the land adjacent to the proposed Recreationway surrounds and protects the integrity of the water reservoir of the City of Ithaca and the Six Mile Creek Natural Area, and WHEREAS, over the past seven years, several entities, including the Town of Ithaca's Conservation Advisory Council, as well as this Common Council, have recommended that the Town of Ithaca adopt more protective zoning for land in the Six Mile Creek area of the Town, in order to protect the integrity of the water supply and the natural character of the area, and WHEREAS, The Town of Ithaca will be contributing to the protection of the Six Mile Creek Natural Area with the implementation of said Recreationway, by restricting development below its corridor; now, therefore, be it RESOLVED, that the Mayor, subject to the review of the City Attorney, be authorized to execute the attached Memorandum of Understanding providing that if the Town of Ithaca acquires a revocable license from the New York State Electric and Gas Corporation for the southerly portion of the South Hill Recreationway and if, prior to December 31, 2016, New York State Electric and Gas Corporation revokes the Town's right to use such portion of the trail that the City would grant to the Town a permanent easement for an alternate terminus of the trail on the terms and conditions more particularly set forth in the Memorandum of Understanding, and be it further RESOLVED, That in conjunction with the granting of this easement, the Common Council respectfully requests the Town of Ithaca to initiate the process of rezoning the land designated by the Town's Conservation Advisory Council as needing protection, thus enhancing an era of cooperation and good faith between the two municipalities. (A copy of the Memorandum of Understanding is attached to Minute Book). 14 `�f13 July 3, 1991 WHEREAS, the Town of Ithaca asserts that the implementation of said Recreationway, will contribute to the protection of the Six Mile Creek Natural Area, by restricting development below its corridor; now, therefore, be it" and be it further RESOLVED, That the last Resolved Clause in the original motion be replaced with the following language: "RESOLVED, That in conjunction with the granting of this easement, the Common Council urges the Town of Ithaca to initiate the process of rezoning the land designated by the Town's Conservation Advisory Council as needing protection, thus formalizing an era of cooperation and good faith between the two municipalities." Discussion followed on the floor regarding the amending resolution. Amendment to the Amending Resolution Co By Alderperson Daley: Seconded by Alderperson Blanchard M RESOLVED, That the Last Whereas Clause of the Amending Resolution read as follows: M "WHEREAS, The Town of Ithaca will be contributing to the protection Q of the Six Mile Creek Natural Area with the implementation of said Recreationway, by restricting development below its corridor ", and be it further RESOLVED, That in the last Resolved Clause of the Amending Resolution, the word "urges" be deleted and the words "respectfully requests" be inserted in its place and the word "formalizing" be deleted and the word "enhancing" be inserted in its place. Discussion followed regarding the Amendments to the Amending Resolution. A vote on the Amendment to the Amending Resolution resulted as follows: Ayes (7) - Hoffman, Johnson, Romanowski, Blanchard, Daley, Golder, Schroeder Nays (2) - Peterson, Booth Carried A vote on Alderperson Hoffman's Amending Resolution as Amended by Alderperson Daley resulted as follows: Ayes (7) - Hoffman, Johnson, Romanowski, Blanchard, Daley, Golder, Schroeder Nays (2) - Booth, Peterson Carried The Main Motion as Amended shall read as follows: WHEREAS, the Town of Ithaca is in the process of planning for and constructing a recreational trail in the South Hill area of the Town of Ithaca; and WHEREAS, a portion of the South Hill Recreationway will go over property owned by the New York State Electric and Gas Corporation, being the old D. L. & W. railroad right of way; and WHEREAS, the New York State Electric and Gas Corporation has agreed to grant only a revocable license over approximately 1,300 feet of the old right of way needed for the South Hill Recreationway; and 13 Y06 July 3, 1991 WHEREAS, the County Youth Board has recommended that the required match be appropriated by Tompkins County toward the Hot Team Transition to Independent Living Program; now, therefore, be it RESOLVED, That $9,000 be transferred from Restricted Contingency to Account A1011 Human Service Contracts, contingent upon verification of final approval of said two -to -one matching funding by Tompkins County. Carried Unanimously * 17.3 Youth Bureau Request to Amend 1991 Youth Bureau Budget for Summer Jobs Program By Alderperson Booth: Seconded by Alderperson Peterson WHEREAS, the City of Ithaca Youth Bureau has received a total of $8,400 in funding from the Town of Ithaca and Village of Lansing for the expansion of the municipal summer jobs program, and WHEREAS, the program will allow for an additional 14 young people to be employed at a variety of work sites throughout the community in minimum wage positions; now, therefore, be it RESOLVED, That the 1991 Youth Bureau Budget be amended as follows: Increase Revenue Account: A2350 Youth Service - Other Governments $8,400 Increase Appropriation Accounts A7310 -120 Hourly Part time $7,140 A9030 Social Security 643 A9040 Workers Compensation 617 and be it further RESOLVED, That any position filled as a result of this funding will be on a temporary basis based on the availability of the funding approved. Carried Unanimously * 17.4 Youth Bureau Request to Amend 1991 Youth Bureau Budget By Alderperson Booth: Seconded by Alderperson Golder WHEREAS, the City of Ithaca Youth Bureau has received a Grant from Cornell University in the amount of $1,500 for the Paul Schreurs Memorial Program and GIAC's Reach Program, and WHEREAS, the Grant will allow students to stay on the TC3 Campus for a week and take a series of specially designed mini - courses, recreational activities, and field trips; now, therefore, be it RESOLVED, That the 1991 Youth Bureau Budget be amended as follows: Increase Revenue Account: A2070 Contributions for Youth $1,500 Increase Appropriation Accounts A7310 -435 Contracts $ 750 A7310 -460 Program Supplies $ 650 A7310 -470 Rental $ 100 Carried Unanimously * 17.5 Youth Bureau Request to Amend 1991 Youth Bureau Budget By Alderperson Booth: Seconded by Alderperson Johnson WHEREAS, the City of Ithaca Youth Bureau has received a grant from the New York State Division of Criminal Justice in the total amount of $62,935 for the period July 1, 1991 through June 30, 1992, and 16 July 3, 1991 A vote on the Main Motion as Amended resulted as follows: Ayes (8) - Hoffman, Peterson, Johnson, Daley, Golder, Blanchard, Romanowski, Schroeder Nay (1) - Booth Carried Subdivision of Coddington Road Property - Report Alderperson Hoffman reported that the Planning and Development Committee has asked the Planning Department staff to meet with Town staff to work out some alternatives for subdivision of the property that the City bought along Coddington Road a few years ago. He stated that the Planning and Development Committee's feeling was that the City did not need to hold onto all the property, at least not the part above the proposed recreationway, so they will be looking at some options for subdividing and will bring those back to Council. (o Two -Year Limit on Zoning Variances - Report co Alderperson Hoffman reported that the Planning and Development Committee meeting in July will be discussing some options for changing the limit on zoning variances and will bring this matter m back to Council in a timely manner. Q BUDGET AND ADMINISTRATION COMMITTEE: * 17.1 Request to Release Funds from Restricted Contingency for Youth Employment Coordinator By Alderperson Booth: Seconded by Alderperson Peterson WHEREAS, the Mayor- appointed Youth Opportunity Commission has investigated and recommended the establishment of a Youth Employment Coordination Office, and WHEREAS, the Youth Opportunity Commission and the Mentors Unlimited Board have recommended that the funds appropriated by the City in the 1991 Budget be merged with an anonymous $17,000 grant received by Mentors Unlimited, and funds to be raised from private donors to create Youth Opportunities Unlimited, and WHEREAS, the Budget and Administration Committee meeting as a Committee of the Whole has recommended that the original amount of $25,000 which was placed in Restricted Contingency in the 1991 Budget be reduced to $12,500 in view of the fact that the contract between the City and Youth Opportunities Unlimited shall not be executed until the second half of 1991; now, therefore, be it RESOLVED, That $12,500 be transferred from Restricted Contingency to Account A1210 -435 Mayor's Office Contractual Services, and be it further RESOLVED, That the Mayor be authorized to execute an agreement with Youth Opportunities Unlimited for the creation of said Youth Employment Coordination Office and to commit not more than $12,500 to reimplementation of that agreement. Carried Unanimously * 17.2 Request to Release Funds from Restricted Contingency for Homeless Outreach Program By Alderperson Booth: Seconded by Alderperson Johnson WHEREAS, the Learning Web had requested that an additional $9,000 be appropriated in the 1991 City Budget to fund a "Homeless Youth Program ", and WHEREAS, Common Council placed said $9,000 in Restricted Contingency pending the acquisition of a two -to -one matching grant, and 15 July 3, 1991 * 17 .7 Fire Department Request to Amend 1991 Authorized Equipment List By Alderperson Booth: Seconded by Alderperson Peterson WHEREAS, the 1991 Authorized Equipment List included a Fire Alarm Vehicle with Boom System, to be funded from a Budget appropriation of $20,000 and the proceeds of the sale of a 1979 Ward Pumper Vehicle, and WHEREAS, the said vehicle has been sold by sealed bid for $16,898, and WHEREAS, the total cost of the Fire Alarm Vehicle, inclusive of related fixtures and equipment, has been established at $36,513; now, therefore, be it RESOLVED, That the 1991 Budget be amended as follows: A. Increase Revenue Account A2665 by $16,513 B. Increase Appropriation Accounts A3410 -215 Fire Department Vehicles by $12,819 and Account A3410 -225 Other Equipment by $ 3,694 to allow the acquisition of said Vehicle and Equipment. Discussion followed on the floor. Alderperson Daley suggested that there should be a committee to review the purchase of major equipment for City departments in light of the current fiscal situation. A vote on the resolution resulted as follows: Carried Unanimously * 17.8 Fire Department Request to Amend 1991 Budget and Authorized Equipment List By Alderperson Booth: Seconded by Alderperson Schroeder RESOLVED, That the Authorized Equipment List of the Fire Department be amended by adding one Comutone Intelliport at $836 and one Compaq System Memory Board at $1,726 and be it further RESOLVED, That $2,562 be transferred from Account A690 -6 New York State Building and Fire Code Aid to Account A3410 -225 Other Equipment for the acquisition of such equipment. Carried Unanimously * 17.9 Planning Department Request to Release Funds From Capital Reserve By Alderperson Booth: Seconded by Alderperson Golder RESOLVED, That $1,000 be transferred from Capital Reserves #24 for Energy Conservation Programs to Account A8020 -435 Planning Department Contractual Services, to fund a contract for assistance in preparation of a District Heating Study. Carried Unanimously * 17.10 Police Department Request to Standardize on Radio Equipment By Alderperson Booth: Seconded by Alderperson Peterson WHEREAS, this Common Council has been requested by the City of Ithaca Police Department to standardize on Motorola radio equipment as the type of equipment to be used by the Ithaca Police Department, and to authorize the City to purchase approved equipment from the manufacturer, or a representative thereof, and lu July 3, 1991 WHEREAS, the grant is for the Discover Potential through Opportunities Enrichment program which provides 20 young people with the independent living skills, career information and work experience that will enable them to transition more smoothly into independence, and WHEREAS, the grant will allow for the hiring of a total of two temporary positions to the GIAC and Youth Bureau rosters, and (400'e WHEREAS, the 1991 Youth Bureau Budget will be amended for only the 1991 portion of the grant, $25,415; now, therefore, be it RESOLVED, That the Youth Bureau Personnel Roster be amended for addition of two temporary positions for the Discover Potential through Opportunities Enrichment Program based on the availability of Grant Funds as follows: Increase Revenue Account: A3820 Youth Programs Increase Ap A7311 -110 A7310 -110 A7311 -435 A7311 -460 A9030 A9040 propriation Accounts: Staff Staff Contracts Program Supplies Social Security Workers Compensation $25,415 $ 7,043 6,510 7,300 500 1,944 2,118 Alderperson Booth stated, for the record, that these are temporary positions that are limited to the life of this grant. A vote on the resolution resulted as follows: Carried Unanimously * 17.6 Youth Bureau Request to Amend 1991 Youth Bureau Budget By Alderperson Booth: Seconded by Alderperson Schroeder WHEREAS, the City of Ithaca Youth Bureau has received a substance abuse prevention grant from BOCES in the amount of $1,490, and WHEREAS, the grant will allow for the enhancement of the one -to -one summer program by overcoming transportation obstacles to serving young people; now, therefore, be it RESOLVED, That the 1991 Youth Bureau Budget be amended as follows: Increase Revenue Account: A2070 Contribution for Youth we Increase Appropriation Accounts: A7310 -420 Gas and Oil A7310 -470 Rental 17 $1,490 $ 150 $1,340 Carried Unanimously `16,7 GIAC Roster Add: One (1) Youth Development Program Leader co M Youth Bureau Add: One (1) Roster Youth Worker m and be it further Q RESOLVED, follows: That the 1991 Youth Bureau and GIAC Budgets be amended as Increase Revenue Account: A3820 Youth Programs Increase Ap A7311 -110 A7310 -110 A7311 -435 A7311 -460 A9030 A9040 propriation Accounts: Staff Staff Contracts Program Supplies Social Security Workers Compensation $25,415 $ 7,043 6,510 7,300 500 1,944 2,118 Alderperson Booth stated, for the record, that these are temporary positions that are limited to the life of this grant. A vote on the resolution resulted as follows: Carried Unanimously * 17.6 Youth Bureau Request to Amend 1991 Youth Bureau Budget By Alderperson Booth: Seconded by Alderperson Schroeder WHEREAS, the City of Ithaca Youth Bureau has received a substance abuse prevention grant from BOCES in the amount of $1,490, and WHEREAS, the grant will allow for the enhancement of the one -to -one summer program by overcoming transportation obstacles to serving young people; now, therefore, be it RESOLVED, That the 1991 Youth Bureau Budget be amended as follows: Increase Revenue Account: A2070 Contribution for Youth we Increase Appropriation Accounts: A7310 -420 Gas and Oil A7310 -470 Rental 17 $1,490 $ 150 $1,340 Carried Unanimously `16,7 41/0 RESOLVED, That pursuant to Section General Municipal Law of the State of hereby authorizes the standardization Entenmann -Rovin Company as the badge the City of Ithaca Police Department. July 3, 1991 103, Subdivision 5 of the New York, this Common Council of badges manufactured by the s to be used and purchased by Carried Unanimously * 17.12 Police Department Request to Amend 1991 Budget By Alderperson Booth: Seconded by Alderperson Daley WHEREAS, the City of Ithaca Police Department has received a grant from a Federal Anti -Drug Abuse Funding program to be passed through New York State in the amount of $20,186, and WHEREAS, the 25% local match for the Anti -Drug Grant of $6,729 was appropriated in the 1991 Police Department Budget for a total program allocation of $26,915; now, therefore, be it RESOLVED, That the 1991 Budget be amended for the inclusion of the pass through New York State Anti -Drug Abuse Funding Program Grant as follows: Increase Revenues: Account A4320 Public Safety $20,186 Increase Expenditures: Account A3120 -225 Other Equipment $20,186 Carried Unanimously * 17.13 Finance Department /Personnel Request to _Hire Labor Negotiator By Alderperson Booth: Seconded by Alderperson Golder RESOLVED, That the City of Ithaca enter into an agreement with James P. Dennis, to provide professional services in the field of labor negotiations in connection with the negotiation of the 1992 Police Benevolent Association Labor Contract, at a cost not to exceed Four Thousand Dollars. Carried Unanimously * 17.14 Finance Department /Chamberlain Request to _Correct 1991 City Tax Roll By Alderperson Booth: Seconded by Alderperson Romanowski WHEREAS, pursuant to Section 554 (Sub 4A) of the Real Property Tax Law, the Director of Assessments has investigated an application for the correction of an error in essential fact filed by Cornell Radio Guild, and WHEREAS, the investigation revealed that miscalculation of exemption resulted in over - assessment of 227 -31 Linden Avenue, and WHEREAS, the Director of Assessment recommends that the taxable value of this property be changed from $270,100 to $16,000; 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 64 -9 -6, and be it further RESOLVED, That the City Chamberlain is authorized and directed to make the appropriate changes in the Tax Roll and to prepare a new tax bill for this property. Discussion followed on whether or not Cornell Radio Guild is entitled to this partial exemption. City Controller Cafferillo and City Attorney Guttman answered questions from Council members. 20 im m a July 3, 1991 WHEREAS, it is deemed to be in the best interest of the City for reasons of efficiency, compatibility and economics to approve such standardization, as more fully spelled out in the following items: 1. The City of Ithaca Police Department presently has all Motorola radio equipment and radio consoles. 2. The Motorola voice privacy system presently being used by the Ithaca Police Department is not compatible with equipment manufactured by other manufacturers. 3. This action will minimize the inventory of repair parts which would have to be maintained for the service of said radio equipment. 4. Labor costs for maintenance and service of a standard type of equipment will be less than if required to service several different types of equipment. 5. Present Motorola radio equipment has been satisfactory to the uses of the City of Ithaca Police Department. 6. Standardization provides contract for its entire radio contractual agreements would be equipment; now, therefore, be it the need for only one service system, whereas additional required for other types of RESOLVED, That pursuant to Section 103, Subdivision 5 of the General Municipal Law of the State of New York, this Common Council hereby authorizes the standardization of Motorola radio equipment as the type of equipment to be used and purchased by the City of Ithaca Police Department. Carried Unanimously * 17.11 Police Department - Request to Standardize on Badges By Alderperson Booth: Seconded by Alderperson Johnson WHEREAS, this Common Council has been requested by the City of Ithaca Police Department to standardize on badges manufactured by the Entenmann -Rovin Company as the badges to be used by the Police Officers of the Ithaca Police Department, and to authorize the City to purchase approved badges from the manufacturer, or a representative thereof, and WHEREAS, it is deemed to be in the best interests of the City for reasons of efficiency, uniformity, compatibility and economics to approve such standardization, as more fully spelled out in the following items: 1. The City of Ithaca Police Department presently has all Entenmann -Rovin badges. 2. This action will provide for the standardization of all badges for the Police Department so that all Police Officers will have the same type badges which will be easily recognized by members of the public as the official badges of the City of Ithaca Police Department. 3. Present Entenmann -Rovin badges are satisfactory to the uses of the City of Ithaca Police Department; now, therefore, be it 19 �0 =y Ll /z July 3, 1991 partially reduce outstanding bond anticipation notes of said City for such purpose, such amount constituting the first installment of the principal amount of such indebtedness. It is hereby further determined that the sum of $40,000, from a source other than the proceeds of bonds or bond anticipation notes, will be used on or before October 11, 1991, to further reduce outstanding bond anticipation notes of said City for such purpose, such amount constituting the second installment of the principal amount of such indebtedness. Section 3. The serial bonds described in the preceding sections hereof shall be consolidated for purposes of sale into one bond issue in the aggregate principal amount of $500,000, which shall be issued in the form of a single registered typewritten statutory installment bond, to be designated substantially CITY PURPOSES (SERIAL) BOND, 1991. Said bond shall be dated July 16, 1991, shall be in the denomination of $500,000, shall provide for the payment of such principal sum of $500,000 in eight annual installments, payable $62,500 on July 16 in each of the years 1992 to 1999, both inclusive, shall bear interest at the rate of six and twenty -five hundredths per centum (6.25 %) per annum, payable July 16, 1992 and semi - annually thereafter on January 16 and July 16. Both principal of and interest on such statutory installment bond will be payable in lawful money of the United States of America at the Tompkins County Trust Company, in Ithaca, New York. Such statutory installment bond shall be signed in the name of said City of Ithaca, Tompkins County, New York, by its City Controller, sealed with its corporate seal, and attested by its City Clerk. Such statutory installment bond shall be in typewritten form and shall be in substantially the following form to -wit: UNITED STATES OF AMERICA STATE OF NEW YORK COUNTY OF TOMPKINS CITY OF ITHACA CITY PURPOSES (SERIAL) BOND, 1991 Statutory Installment Bond $500,000 The City of Ithaca, in the County of Tompkins, a municipality of the State of New York, hereby acknowledges itself indebted and for value received promises to pay to the Tompkins County Trust Company, or its registered successors or assigns, the principal sum of FIVE HUNDRED THOUSAND DOLLARS ($500,000) in eight annual installments, payable $62,500 on July 16 in each of the years 1992 to 1999, both inclusive, and to pay interest on the unpaid balance of such principal sum at the rate of six and twenty -five hundredths per centum (6.25 %) per annum, payable on July 16, 1992 and semi- annually thereafter on January 16 and July 16 in each year from the date of this bond until it matures. Interest will not be paid on any installment of principal or of interest after the due date thereof. Both the installments of principal of and the interest on this bond will be paid to the registered owner of this bond in lawful money of the United States of America at The Tompkins County Trust Company, in Ithaca New York. Notations of principal and interest payments shall be made on a sheet attached hereto and made a part of this bond. This bond is transferable only on the books of the City Clerk kept for such purpose at the City Clerk's office by the registered owner hereof or by said owner's duly authorized legal representatives, upon the surrender of this bond together with a written instrument of transfer satisfactory to the City Clerk duly executed by the registered owner or said owner's duly authorized legal representatives. 22 4i/ July 3, 1991 Amending Resolution By Alderperson Daley: Seconded by Alderperson Hoffman RESOLVED, That there be a third Resolved Clause added to the Resolution as follows: "RESOLVED, That the Common Council directs the City Attorney to protest to the County Assessor's Office the granting of this partial exemption for Cornell Radio Guild. Carried Unanimously Main Motion as Amended A vote on the Main Motion as Amended resulted as follows: Carried Unanimously * 17.15 Bonds By Alderperson Booth: Seconded by Alderperson Romanowski RESOLUTION DATED JULY 3, 1991. A RESOLUTION PROVIDING FOR THE CONSOLIDATION AND DETAILS OF co $500,000 SERIAL BONDS OF THE CITY OF ITHACA, TOMPKINS COUNTY, NEW YORK, FOR CERTAIN OBJECTS AND PURPOSES IN AND FOR SAID CITY, AND PROVIDING FOR THE SALE OF THE SAME IN THE FORM OF A STATUTORY INSTALLMENT BOND. Q BE IT RESOLVED, by the Common Council of the City of Ithaca, Tompkins County, New York, as follows: Section 1. Of the $1,215,720 serial bonds authorized by bond resolutions dated February 6, 1985, August 6, 1986 and October 19, 1988, respectively, for the reconstruction of the Seneca Street parking facility located south of the U.S. Post Office, between North Tioga Street and North Aurora Street in and for the City of (400" Ithaca, Tompkins County, New York, there shall be issued and sold $115,000 serial bonds which shall mature $14,375 on July 16 in each of the years 1992 to 1999, both inclusive, and shall be consolidated with another issue of bonds as hereinafter authorized. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purposes is twenty years, pursuant to subdivision 12 (a)(1) of paragraph a of Section 11.00 of the Local Finance Law, computed from February 12, 1987, the date of the first bond anticipation note issued therefor. It is hereby further determined that the sums of $9,150, $12,686 and $17,314, from a source other than the proceeds of bonds or bond anticipation notes, were used on February 12, 1987 and February 11, 1988, to partially reduce outstanding bond anticipation notes of said City for such purpose. It is hereby further determined that the sum of $10,000, from a source other than the proceeds of bonds or bond anticipation notes, will be used on or before August 29, 1991, to further reduce outstanding bond anticipation notes of said City for such purpose. It is hereby further determined that $848,350 principal amount of $6,275,000 Public Improvement (Serial) Bonds, 1988, dated November 1, 1988, has been previously sold. Section 2. Of the $880,000 serial bonds authorized by bond resolution dated October 4, 1989, for the purchase of fire - fighting vehicles, including apparatus to be used in connection therewith, in and for said City, there shall be issued and sold $385,000 serial bonds which shall mature $48,125 on July 16 in each of the years 1992 to 1999, both inclusive, and shall be consolidated with another issue of bonds as hereinafter authorized. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is twenty years, pursuant to subdivision 27 of paragraph a of Section 11.00 of the Local Finance Law, computed from October 13, 1989, the date of the first bond anticipation note issued therefor. It is hereby further determined that the sums of $100,000, from a source other than the proceeds of bonds or bond anticipation notes, were used on October 13, 1990, to 21 X14 July 3, 1991 1986 (the "Code "). Based upon such designated or deemed designated status of such obligations, Section 265 (b)(3)(D) of the Code provides that the bonds will be deemed to be designated under Section 265(b)(3)(B) of the Code and will therefore constitute "qualified tax - exempt obligations" within the meaning thereof. Section 8. This resolution shall take effect immediately. The foregoing resolution was duly put to a roll call vote which resulted as follows: Romanowski - Aye Johnson - Aye Golder - Aye Hoffman - Aye Schroeder - Aye Ayes (9) Absent (1) Blanchard - Aye Daley - Aye Booth Aye Peterson - Aye Cummings - Absent Carried Unanimously * 17.16 Finance Department /Controller Request to Extend Authority to Approve Transfers By Alderperson Booth: Seconded by Alderperson Peterson RESOLVED, That the City Controller be and is hereby authorized to continue making requested amendments up to a maximum of $5,000 per instance based on written supportive departmental documentation; provided that at the Controller's discretion, any such departmental request may be subject to B &A and Council action; and further provided that the City Controller shall report in writing each month to the B &A Committee regarding the nature and magnitude of all transfers that have been made during that period. Carried Unanimously * 17.17 Finance Department /Controller - 1990 Annual Report By Alderperson Booth: Seconded by Alderperson Peterson RESOLVED, That this Common Council acknowledges the receipt of the 1990 Finance Department Annual Report. City Controller Cafferillo spoke to the Council regarding the Annual Report. A vote on the resolution resulted as follows: Carried Unanimously * 17.18 Budget Resolution Respecting 1991 Budget By Alderperson Booth: Seconded by Alderperson Daley WHEREAS, the City has received notification of a significant reduction in its 1991 -92 New York State Revenue Sharing allocation of approximately $789,286, and WHEREAS, in view of the fact that this aid was included in the 1991 operating budget as an estimated revenue, its loss requires a corresponding reduction in budget appropriations; now, therefore, be it RESOLVED, That the following targeted budget adjustments be established as a means of off - setting said reduction in State Revenue Sharing: Total Reduction to be Amended in 1991 Budget $789,286 A. 1991 Retirement 79.7% 6.3% 7.7% 6.3% Appropriations General Fund Water Fund Sewer Fund Joint Activity Fund 24 ( 57,786) co M m a of ,3 July 3, 1991 This bond is a statutory installment bond, the principal sum of which is Five Hundred Thousand Dollars ($500,000) and is issued pursuant to Section 62.10 of the Local Finance Law and.pursuant to a resolution entitled: "RESOLUTION DATED JULY 31 1991. A RESOLUTION PROVIDING FOR THE CONSOLIDATION AND DETAILS OF $500,000 SERIAL BONDS OF THE CITY OF ITHACA, TOMPKINS COUNTY, NEW YORK, FOR CERTAIN OBJECTS AND PURPOSES IN AND FOR SAID CITY, AND PROVIDING FOR THE SALE OF THE SAME IN THE FORM OF A STATUTORY INSTALLMENT BOND ", duly adopted by the Common Council of the City of Ithaca, Tompkins County, New York, on the 3rd day of July, 1991, and pursuant to other proceedings of the Common Council of said City duly had and taken in all respects authorizing the same. This bond may not be converted into a coupon bond or registered to bearer. The faith and credit of said New York, are hereby irrevocably of the installments of principal according to its terms. City of Ithaca, Tompkins County, pledged for the punctual payment of and the interest on this bond It is hereby certified and recited that all conditions, acts and things required by the Constitution and statutes of the State of New York to exist, to have happened and to have been performed precedent to and in the issuance of this bond, exist, have happened and have been performed, and that this bond, together with all other indebtedness of such City is within every debt and other limit prescribed by the Constitution and laws of such State. IN WITNESS WHEREOF, the City of Ithaca, Tompkins County, New York, has caused this bond to be signed by its City Controller, and kwo., its corporate seal to be hereunto affixed and attested by its City Clerk and to be dated as of the 3rd day of July, 1991. the City Controller of said City. Section 4. All other matters except as provided herein relating to such statutory installment bond, shall be determined by the City Controller of said City. Section 5. The faith and credit of said City of Ithaca, Tompkins County, New York, are hereby irrevocably pledged to the payment of the principal of and interest on such bond as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year. Section 6. Pursuant to the provisions of paragraph b of Section 63.00 of the Local Finance Law, as last amended, said statutory installment bond is hereby sold at private sale to The Tompkins County Trust Company, in Ithaca, New York, at par and accrued interest, if any, it being hereby determined that the total amount of bonds sold by said City at private sale in accordance with the provisions of said paragraph b of Section 63.00 of the Local Finance Law for its current fiscal year, including the statutory installment bond herein authorized, is not in excess of $500,000. The receipt of the City Controller shall be a full acquittance to the purchaser of such statutory installment bond, who shall not be obliged to see to the application of the purchase money. Section 7. I, the undersigned City Controller, (or my predecessor in office), designated, or certified as to the deemed designated status of, the obligations which are being renewed or refunded by the bonds, as "qualified tax - exempt obligations" pursuant to Section 265(b)(3)(B) of the Internal Revenue Code of 23 1-1/b July 3, 1991 C. Decrease various Departmental Salary Lines throughout the Budget to reflect Savings on Positions which were open $160,000 through June 10, 1991 D. Decrease Appropriation Account A1990 Restricted Contingency by a total of (Detail in G (1)(2)(3) above) $ 51,500 E. Decrease Appropriations in various 420 Lines within the Department of Public Works Accounts for Gas and Oil by $ 50,000 Decrease Police Department Account $ 5,000 A3120 -420 for Gas and Oil by F. Increase Revenue Account 3501 State Aid from C.H.I.P.S. Program (transferred from Account A690 -2) $ 30,000 G. Decrease Revenue Account A5001 State Aid per Capita by the cumulative effect of all adjustments described above $504,286 and be it further RESOLVED, That the City Controller is hereby authorized to adjust the remaining accounts based on consultation with the Mayor, the Budget and Administration Committee Chair and each respective Department Head, to meet the targets established by Common Council herein, or by alternative reductions provided by each applicable Department. All such adjustments shall be reported monthly to Common Council. Discussion followed on the floor. Alderpersons Daley and Schroeder recommended that the retirement appropriation adjustments totaling $57,786, presented in Item A not be made at this time, but that $57,786 of the additional State Aid approved in the final State Budget be applied instead. The following amendment deleted Item A, and adjusted the total reduction in estimated revenue to be derived from State Aid from $789,286 to $731,500. Amending Resolution By Alderperson Daley: Seconded by Alderperson Schroeder RESOLVED, That Item A under the First and Second Resolved Clauses be deleted from the resolution. Discussion followed on the floor. A vote on the Amending Resolution resulted as follows: Ayes (8) - Booth, Daley, Johnson, Blanchard, Romanowski, Golder, Schroeder, Hoffman Nay (1) - Peterson The Main Motion as Amended shall read as follows: Carried WHEREAS, the City has received notification of a significant reduction in its 1991 -92 New York State Revenue Sharing allocation of approximately $731,500, and WHEREAS, in view of the fact that this aid was included in the 1991 operating budget as an estimated revenue, its loss requires a corresponding reduction in budget appropriations; now, therefore, be it 26 I. Reallocation of Appropriations for Gasoline. (1991 Budget Estimates were increased substantially because of the projected effect of the Gulf War on oil prices). 55 000 731 500 and be it further RESOLVED, That the 1991 Budget is hereby amended to reflect those adjustments for which information is currently available: A. Decrease General Fund Account A9010 State July 3, 1991 Retirement System by Net Reduction Required in General Fund 731 500 46,054 B. Refinancing of Existing Bond Water Fund to reflect Anticipation Notes of 1991 reduced Retirement Costs $150,000 3,641 C. Projected Saving to be derived from Sewer Fund (as above) current and future open permanent $ 4,450 Increase Account A2704 Positions $300,000 D. 10% Reduction in Part -time and $ 3,641 B. Decrease Appropriation Seasonal Employees for the balance Bond Anticipation Note of 1991 $150,000 $ 70,000 E. 10% Reduction in Overtime $ 25,000 F. Related Employee Benefit Savings from Open Positions, Part -time Seasonal and Overtime During 1991 $ 50,000 co M G. Reallocation of Restricted Contingency Items: co Q 1. Not hiring a Superintendent of Public Works during 1991 $ 22,000 2. Contract toward the hiring of Youth Employment Coordinator will not take place until the last 6 months of 191 $ 12,500 3• Not hiring three additional Bus Drivers during 1991 $ 17,000 (400,1 H. Reallocating C.H.I.P.S. moneys budgeted for the East Clinton Street Bridge Capital Project to the 1991 Street Construction Program. (The Bridge Project would be funded from Capital Reserve #4 for Bridges) $30,000 I. Reallocation of Appropriations for Gasoline. (1991 Budget Estimates were increased substantially because of the projected effect of the Gulf War on oil prices). 55 000 731 500 and be it further RESOLVED, That the 1991 Budget is hereby amended to reflect those adjustments for which information is currently available: A. Decrease General Fund Account A9010 State Retirement System by $ 46,054 Increase Account A2801 Transfer from Water Fund to reflect the Water Fund share of 1991 reduced Retirement Costs $ 3,641 Increase Account A2802 Transfer from Sewer Fund (as above) $ 4,450 Increase Account A2704 Transfer from Joint Activity Fund (as above) $ 3,641 B. Decrease Appropriation Account A9730 Bond Anticipation Note Principal $150,000 25 ,J/ F), July 3, 1991 D. Decrease Appropriations in various 420 Lines within the Department of Public Works Accounts for Gas and Oil by $ 50,000 Decrease Police Department Account A3120 -420 for Gas and Oil by 5,000 E. Increase Revenue Account 3501 State Aid from C.H.I.P.S. Program (transferred from Account A690 -2) $ 30,000 F. Decrease Revenue Account A5001 State Aid per Capita by the cumulative effect of all adjustments described above $446,500 and be it further RESOLVED, That the City Controller is hereby authorized to adjust the remaining accounts based on consultation with the Mayor, the Budget and Administration Committee Chair and each respective Department Head, to meet the targets established by Common Council herein, or by alternative reductions provided by each applicable Department. All such adjustments shall be reported monthly to Common Council. A vote on the Main Motion as Amended resulted as follows: Carried Unanimously * 17.19 Audit By Alderperson Booth: Seconded by Alderperson Johnson RESOLVED, That the bills presented, as listed on Audit Abstract #12/1991, in the total amount of $45,442.85, be approved for payment. Carried Unanimously * 17.20 Attorney Request Additional Funds for Central Processing Facility Litigation By Alderperson Booth: Seconded by Alderperson Hoffman WHEREAS, the City has received the final bill for legal counsel regarding the appeal of the Central Processing Facility lawsuit decision, and WHEREAS, the final bill is greater than the original amount estimated for the appeal process; now, therefore, be it RESOLVED, That $4,500 be transferred from Account A1990, Unrestricted Contingency, to Account A1420 -435, City Attorney Contractual Services, to pay the final bill relative to the Central Processing Facility lawsuit appeal. Discussion followed on the floor regarding the resolution with several Alderpersons commenting on the matter and questions being answered by the City Attorney. Amending Resolution By Alderperson Schroeder: Seconded by Alderperson Blanchard RESOLVED, That the Resolved Clause read as follows: "that $1,519.38, as authorized in Council's resolution of September 5, 1990, be transferred from Account A1990, Unrestricted Contingency, to Account A1420 -435, City Attorney Contractual Services, to pay the remaining portion of the amount authorized by Common Council relative to the Central Processing Facility lawsuit appeal." Discussion followed on the Amending Resolution. 'V/ 1 July 3, 1991 RESOLVED, That the following targeted budget adjustments be established as a means of off - setting said reduction in State Revenue Sharing: Total Reduction to be Amended in 1991 Budget $731,500 1. Not hiring a Superintendent of Public Works during 1991 $ 22,000 2. Contract toward the hiring of Youth Employment Coordinator will not take place until the last 6 months of 191 $ 12,500 3. Not hiring three additional Bus Drivers during 1991 $ 17,000 H. Reallocating C.H.I.P.S. moneys budgeted for the East Clinton Street Bridge Capital Project to the 1991 Street Construction Program. (The Bridge Project would be funded from Capital Reserve #4 for Bridges) $30,000 I. Reallocation of Appropriations for Gasoline. (1991 Budget Estimates were increased substantially because of the projected effect of the Gulf War on oil prices. $55,000 $731,500 and be it further RESOLVED, That the 1991 Budget is hereby amended to reflect those adjustments for which information is currently available: A. Decrease Appropriation Account A9730 Bond Anticipation Note Principal $1501000 B. Decrease various Departmental Salary Lines throughout the Budget to reflect Savings on Positions which were open through June 10, 1991 $160,000 C. Decrease Appropriation Account A1990 Restricted Contingency by a total of (Detail in G (1)(2)(3) above) $ 51,500 27 A. Refinancing of Existing Bond Anticipation Notes $150,000 B. Projected Saving to be derived from current and future open permanent positions $300,000 C. 10% Reduction in Part -time and Seasonal Employees for the balance of 1991 $ 70,000 E. 10% Reduction in Overtime $ 25,000 co M F. Related Employee Benefit Savings from Open Positions, Part -time Seasonal and Overtime During 1991 $ 50,000 m Q G. Reallocation of Restricted Contingency Items: 1. Not hiring a Superintendent of Public Works during 1991 $ 22,000 2. Contract toward the hiring of Youth Employment Coordinator will not take place until the last 6 months of 191 $ 12,500 3. Not hiring three additional Bus Drivers during 1991 $ 17,000 H. Reallocating C.H.I.P.S. moneys budgeted for the East Clinton Street Bridge Capital Project to the 1991 Street Construction Program. (The Bridge Project would be funded from Capital Reserve #4 for Bridges) $30,000 I. Reallocation of Appropriations for Gasoline. (1991 Budget Estimates were increased substantially because of the projected effect of the Gulf War on oil prices. $55,000 $731,500 and be it further RESOLVED, That the 1991 Budget is hereby amended to reflect those adjustments for which information is currently available: A. Decrease Appropriation Account A9730 Bond Anticipation Note Principal $1501000 B. Decrease various Departmental Salary Lines throughout the Budget to reflect Savings on Positions which were open through June 10, 1991 $160,000 C. Decrease Appropriation Account A1990 Restricted Contingency by a total of (Detail in G (1)(2)(3) above) $ 51,500 27 -11j'z0 July 3, 1991 3. Each application must include a statement that explains how the activity proposed for city funding will benefit the social, cultural, economic and /or environmental well -being of city residents, in terms as specific as possible: what groups will be served; how many people will be benefitted; what will be the duration of the benefit. 4. If more than 5% of those served by the proposed activity are not city residents, the applicant must also request funding from the county and /or appropriate towns. 5. Each application must include: budgets for 1991 and 1992; financial reports from 1989 and 1990; enumeration of other funding sources. Criteria The review committee shall award points for the degree to which the proposed use of city funds meets each of the following criteria. If the applicant does not supply sufficient information for the committee to make a judgment, the proposal shall receive zero points in each such case. 1. The proposed activity will benefit the social, cultural, economic and /or environmental well -being of residents of the City of Ithaca. 1 - 10 points 2. The proposal will serve city residents in proportion to city funding requested compared to the total program budget. 1 - 5 points 3. The proposal will serve an identified need and does not duplicate another service, with higher points allocated in proportion to the extent of the need in the city. 1 - 5 points 4. The proposal is designed to effectively meet the needs of those to be benefitted; and the proposal includes measurable objectives. 1 - 5 points 5. The applicant demonstrates sound management practices. 1 - 5 points 6. The proposed activity will especially benefit a population in financial need (i.e., below federal poverty guidelines) or the handicapped. 1 - 5 points 7. The proposal will produce a long -term benefit (e.g., one that is physically permanent). 1 - 5 points 8. The funding requested of the county shall be at least twice as great as the city request, and be it further RESOLVED, That the review committee shall, by August 15, 1991 recommend to the Human Services Committee of Common Council whether each request should be funded, in part or in full, and shall inform the applicants of its recommendations, and be it further RESOLVED, That the Human Services Committee shall make its own recommendations to the Mayor for consideration in the 1992 budget by September 1, 1991. Discussion followed on the floor. 30 July 3, 1991 A vote on the Amending Resolution resulted as follows: Ayes (3) - Schroeder, Daley, Blanchard Nays (5) - Booth, Johnson, Romanowski, Golder, Peterson Abstention (1) - Hoffman (possible conflict of interest) Motion Fails Main Motion A vote on the Main Motion resulted as follows: Ayes (4) - Peterson, Golder, Booth, Romanowski Nays (4) - Schroeder, Blanchard, Johnson, Daley Abstention (1) - Hoffman (possible conflict of interest) Motion Fails Motion to Reconsider Amending Resolution By Alderperson Romanowski: Seconded by Alderperson Blanchard RESOLVED, That Common Council reconsider the Amending Resolution (� calling for the payment of $1,519.38 to pay the remaining portion CD of the amount authorized by Common Council relative to the Central G) Processing Facility lawsuit appeal. Carried Unanimously [n Amending Resolution < By Alderperson Schroeder: Seconded by Alderperson Johnson RESOLVED, That $1,519.38, as authorized in Council's resolution of September 5, 1990, be transferred from Account A1990, Unrestricted Contingency, to Account A1420 -435, City Attorney Contractual Services, to pay the remaining portion of the amount authorized by Common Common relative to the Central Processing Facility lawsuit appeal. Ayes (5) - Blanchard, Schroeder, Romanowski, Daley, Johnson Nays (3) - Booth, Golder, Peterson Abstention (1) - Hoffman (possible conflict of interest) Motion Fails HUMAN SERVICES COMMITTEE: * 18.1 Criteria for Funding Community Services By Alderperson Johnson: Seconded by Alderperson Schroeder WHEREAS, the City of Ithaca has in the past appropriated funds to private agencies for cultural enrichment, economic promotion, and other purposes aside from human services, and WHEREAS, the Common Council intends that all such requests be subject to a standardized review process; now, therefore, be it RESOLVED, That a review committee consisting of three Common Council members appointed by the Mayor and assisted by the staff of the Planning Department and Finance Department, be established to review all 1992 requests for non - mandated city funding from private, non - profit agencies that are not subject to Human Services Coalition review, and be it further RESOLVED, That the following requirement and criteria shall be applied to all such requests: Requirements 1. All applications for 1992 funding must be submitted in writing to the City Controller by July 19, 1991. 2. An application may be reviewed either through the Human Services coalition review for human services proposals or through the process described here for other proposals; but not both. 29 July 3, 1991 A vote on the resolution resulted as follows: Carried Unanimously INTERGOVERNMENTAL RELATIONS COMMITTEE: * 19.1 Approval of Contract with Mutual Housing Association of Tompkins Counter By Alderperson Booth: Seconded by Alderperson Peterson WHEREAS, by Resolution adopted on April 3, 1991, this Common Council authorized the City Attorney to negotiate a contract with the Mutual Housing Association of Tompkins County, Inc. on certain terms; now, therefore, be it RESOLVED, That the Mayor of the City of Ithaca is hereby authorized to enter into a contract with the Mutual Housing Association of Tompkins County. (A copy of the contract with Mutual Housing Association of Tompkins County was distributed to Council members with the July Council agenda). co Discussion followed on the floor. M Amendment to Contract co Alderperson Daley suggested that the contract, on page 5, under Q #12, Option, be amended to require that the second phase cannot be started unless there have been fourteen units constructed in the first phase and the second phase cannot be authorized unless it includes fourteen additional units. There was no objectio,n from Council members, therefore, the language will be changed. For clarification, Alderperson Booth suggested that on Page 1 of the contract, under #1, Description of Property, in the third line, the words "being the premises" be deleted and the words "which was" be inserted in its place. Discussion followed on the floor with City Attorney Guttman answering questions from Council members. A vote on the resolution resulted as follows: Ayes (8) - Booth, Johnson, Daley, Peterson, Romanowski, Golder, Schroeder, Hoffman Nay (1) - Blanchard Carried ADJOURNMENT On a motion the meeting adjourned at 10:25 p.m. Callista F. Paolangelji City Clerk 31 Benjamin Nichols Mayor L -/ ,Z/ 'memo.un3, ith, 7/16/91 10:12am terminus of the trail. 2. The location of the alternate terminus is denominated "Proposed Alternate Recreation Way Route over City of Ithaca Lands" on the attached map entitled "South Hill Recreation Way Alternate Trail Route" and will run substantially from Coddington Road northeasterly, northwesterly and then northerly to the point where it intercepts the portion of the South Hill Trail to be located on the old D L & W right of way. 3. Said easement would be 60 feet in width for a portion of the easement and 40 feet in width for the balance, all as more particularly shown on the annexed map. 4. The easement agreement would be in the usual form of Town easements, similar in form to the easement obtained by the Town from Donald Street containing normal warranties of title and in form acceptable to the State. 5. The easement shall be executed by the City and delivered to the Town within 60 days of the request for same from the Town. The Town agrees it will not request said easement unless its license from NYSEG has been revoked. 6. If the Town requests said easement, upon receipt of the same from the City or its successor in interest, the Town agrees to pay reasonable compensation for the same. Unless the parties agree otherwise, the compensation will be determined by ascertaining the fair market value of the parcel of land the City currently owns fronting on Coddington Road from which this easement is being taken, before the conveyance to the Town less the value of the said parcel after the conveyance to the Town. Compensation shall be payable only for diminution in value of parcels then fronting on Coddington Road. If the parties are unable to agree on the amount of compensation within ten (10) days of the request for easement from the Town, the parties shall jointly select an appraiser to determine the value. If the parties are unable to agree on an appraiser within the next five (5) days (i.e., within fifteen (15) days of the request of the easement from the Town), then each party shall select an appraiser, which selection shall occur within the next five (5) days (or by twenty (20) days from the date of the request for the easement from the Town) . The two appraisers so selected shall, within the next five (5) days (within twenty -five (25) days of the request for the easement from the Town) , appoint a third appraiser and the three appraisers shall proceed to determine the value. The vote of two of the three appraisers shall be sufficient to determine the value and the value as so determined shall be binding upon the parties. The appraisers shall determine such value within fifteen (15) days of the appointment of the last appraiser (i.e., within forty (40) days of the 2 3_1,, J 1 M, RE �r MEMORANDUM OF UNDERSTANDING f1 CITY c IRK's 1f9f9E Ithae�, N.Y. THIS MEMORANDUM OF UNDERSTANDING is made bet n the TOWU ITHACA, a municipal entity under the laws of the, w York, with offices at 126 East Seneca Street, Itha rk, hereinafter called the "Town ", and the CITY OF ITHACA, a municipal corporation formed under the laws of the State of New York, with offices at 108 East Green Street, Ithaca, New York, hereinafter called the "City ". WHEREAS, the Town is in the process of planning for and constructing a recreational trail in the South Hill area of the Town; and WHEREAS, a portion of the South Hill Trail will go over property presently owned by New York State Electric & Gas (awme Corporation (hereinafter called " NYSEG") being the old D L & W Railroad right of way; and WHEREAS, NYSEG has agreed to grant only a revocable license over approximately 1300 feet of the old railroad right of way needed for the South Hill Trail; and WHEREAS, the New York State Office of Parks, Recreation and Historic Preservation (hereinafter referred to as the "State ") is providing grant funds for the acquisition and construction of the South Hill Trail; and WHEREAS, it is a condition of receiving such grant funds that the Town be assured of having use of the trail facilities for at least 23 years; and WHEREAS, because of NYSEG's requirement that a portion of the trail be in the form of a revocable license the Town needs an alternative route for the terminus of the trail at its southerly end; and WHEREAS, the City wishes to cooperate with the Town of Ithaca in permanently protecting and promoting the Six Mile Creek Water Shed Area for appropriate recreational use by both Town and City residents; NOW, THEREFORE, in consideration of the premises and in order to permit the Town to continue the process of obtaining a grant for such trail the parties agree as follows: 1. If the Town of Ithaca acquires a revocable license from NYSEG for the southerly portion (approximately 1300 feet) of the South Hill Trail as more particularly shown on the map annexed hereto and if prior to December 31, 2016, NYSEG revokes the Town's right to use such portion of the trail, the City hereby agrees to grant to the Town a permanent easement for an alternate memo.un3, ith, 7/16/91 10:12am 1991. TOWN OF ITHACA By: �Raf�fens�perge�r� Shirley Supervisor, CITY O ITHACA By: Benjamin Nichols Mayor STATE OF NEW YORK ) COUNTY OF TOMPKINS)ss.: On this / f ;� day of 1991, before me, came Shirley Raffensperger, to me ' erson`Clly known who, being by me duly sworn, did depose and say that she resides at 139 Pine Tree Road, Ithaca, New York, and that she is the Supervisor of the Town of Ithaca, who executed the within instrument, and she acknowledged to me that she executed the same, and that such execution was on behalf of the -ow of Ithaca and that the Town Board of such Town duly authori ed s ch execution. otary Public JEAN H. SWARTWOOD STATE OF NEW YORK Notary Public, State of New York Q Commission Tompkins Co. Feb. 28, COUNTY OF TOMPKINS ) ss .: Aires e. 1� On this 1?/ day of 1991, before me, came Benjamin Nichols, to me personally known who, being by me duly sworn, did depose and say that he resides at lo,- ��...f- Ithaca, New York, and that he is the Mayor of the City of Ithaca, who executed the within instrument, and he acknowledged to me that he executed the same, and that such f` execution was on behalf of the City of Ithaca and that the Common Council of such City duly authorized such execut' n. of ry Pu 1 c 5 '34-