HomeMy WebLinkAboutMN-CC-1991-07-03Co
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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.
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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.
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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.
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in an arbitration matter that
the City hiring someone above
favor of the CSEA in this
out such hiring with proper
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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
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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
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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
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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.
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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.
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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
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i) whether the
requested variance represents a relatively
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minor deviation from
the area requirements in
question;
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ii) whether a substantial positive change
will be produced in
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the character of the
neighborhood;
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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
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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
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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
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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
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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
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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
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G.
Reallocation of Restricted Contingency
Items:
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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
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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
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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
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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
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