HomeMy WebLinkAboutMN-CC-1991-10-02s'
COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
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Regular Meeting 7:00 P.M. October 2, 1991
PRESENT:
Mayor Nichols
Alderpersons (10) - Booth, Romanowski, Blanchard, Cummings, Golder,
Peterson, Hoffman, Daley, Johnson, Schroeder
OTHERS PRESENT:
Deputy City Clerk - Conley -Boyle
City Attorney - Guttman
City Controller - Cafferillo
Deputy City Controller - Thayer
Police Chief - McEwen
Fire Chief - Olmstead
Planning and Development Director - VanCort
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Personnel Administrator - Saul
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Board of Public Works Commissioner - Reeves
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Youth Bureau Director - Cohen
City Chamberlain - Parsons
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Acting Building Commissioner - Eckstrom
Planning and Development Deputy Director - Sieverding
Assistant City Attorney - Kennedy
Acting Superintendent of Public Works - Gray
Historic Preservation /Neighborhood Planner - Chatterton
PLEDGE OF ALLEGIANCE:
Mayor Nichols led all present in the Pledge of Allegiance to the
American flag.
MINUTES•
Approval of Minutes of the September 4, 1991 Common Council Meeting
By Alderperson Peterson: Seconded by Alderperson Booth
RESOLVED, That the Minutes of the September 4, 1991 Common Council
meeting be approved with the addition of Alderperson Romanowski's
statement regarding the Municipal Pool at GIAC.
Carried Unanimously
ADDITIONS TO OR DELETIONS FROM THE AGENDA:
Executive Session
Mayor Nichols requested an Executive Session at the end of the
meeting for discussion of the deposition of the Strand Theater.
No Council member objected.
SPECIAL ORDER OF BUSINESS:
Public Hearina to Consider a Zoninq Ordinance Amendment Reaardina
a Two -Year Limit on Zoning Variances
Resolution to Open Public Hearing
By Alderperson Hoffman: Seconded by Alderperson Romanowski
RESOLVED, That the Public Hearing to consider a Zoning Ordinance
amendment regarding a two -year limit on zoning variances be
declared open.
Carried Unanimously
Alderperson Hoffman explained the amendment to the Zoning
Ordinance. No one appeared to address the Public Hearing.
Resolution to Close Public Hearing
By Alderperson Booth: Seconded by Alderperson Romanowski
RESOLVED, That the Public Hearing to consider a Zoning Ordinance
amendment regarding a two -year limit on zoning variances be
declared closed.
Carried Unanimously
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October 2, 1991
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
Strand Theater
The following persons spoke to Council in support of saving the
Strand Theater:
Doug Reid - 105 Sheldon Road (read a statement from Gerald
Wolfe, Director of the Gerald Wolfe Singers and
the Ithaca Community Chorus)
Heather Dunbar - 709 North Tioga Street
Susan Hurwitz - 220 Wood Street
Bruce Silvey - 221 Columbia Street
Jim Blizzard - 803 Coddington Road
Lavinia Reid - 274 Floral Avenue (read statements from Peter
Hedrick and Frank Mazurek)
Henry Peterson - (no address available)
Paul Sayvetz - 201 Elm Street
Jordan Puryear - North Shuler Road, Alpine, NY
Barbara Ebert - 412 North Cayuga Street
Art Watkins - 800 South Plain Street
Utility Tax
Mark Finkelstein, 210 Lake Street, addressed Council regarding the
proposed utility tax resolution. He acknowledged the possible
benefits of the increased tax, but stated that he is opposed to the
resolution because he believes the City can save money by careful
budgeting and planning.
West Hill Master Plan
George R. Frantz, 604 Cliff Street, read a statement to Council
regarding the West Hill Master Plan resolution. Mr. Frantz objects
to the resolution because the lower West Hill area, especially
Cliff Street, has been neglected in this Master Plan. Mr. Frantz
also commented on the negative impacts the Plan A solution to the
Octopus project and the proposed down - zoning in the lower West Hill
area will have on Cliff Street residents.
RESPONSE TO THE PUBLIC:
West Hill Master Plan
Alderperson Blanchard thanked Mr. Frantz for speaking out on the
West Hill Master Plan. She stated that when the West Hill Master
Plan was being conceived, the City was in the midst of making a
decision about Route 96. She stated that she was on the Planning
Committee along with a number of others from the upper West Hill
neighborhood and believes that they were trying so hard not to
influence the Route 96 decision, that they neglected serious
concerns about Cliff Street. She feels that there will be a chance
to correct this problem as the West Hill Plan is implemented.
Alderperson Blanchard promised Mr. Frantz that the City will
address some of these issues.
Alderperson Romanowski stated that he thinks Mr. Frantz' statements
accurately reflect the sentiment of the Cliff Street residents. He
emphasized that the people on Cliff Street feel like they do not
belong to any part of the community, and that feeling needs to be
addressed.
Alderperson Booth stated that he appreciates the statement of Mr.
Frantz. However, he thinks that the public should understand that
there was no possibility that the State would have built a new
highway to address the Octopus problem. He believes that basically
the City got what the State of New York would have allowed in that
decision.
Alderperson Schroeder stated that the persons who were in favor of
the Plan A solution were concerned about Cliff Street, and did have
some ideas for possible ways of mitigating the impact on Cliff
Street, including the idea of an access to the hospital from Route
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October 2, 1991
89. He thinks some of the ideas that were brought up should be
seriously considered. He stated that it should be understood that
most of the areas that are proposed to be down -zoned are steep
slope areas which realistically could not sustain intensive
development.
Strand Theater
Alderperson Booth thanked the people who came to speak in favor of
saving the Strand Theater. He referred to a letter that Barbara
Ebert had handed out that was written by Wright Thomas to Andrew
Mazzella of the State Parks Commission. He said that the letter
was totally appropriate, it was simply a citizen writing to a
public official to let his opinions be known. He further stated
that if there is a conspiracy against Save Our Strand, it is not
reflected in this letter.
Alderperson Golder stated that he has been talking to
"— both sides of the Strand Theater issue, and he wondered if there is people on
N some way that people from both sides could work together on this
M issue.
ZW Utility Tax
Alderperson Hoffman, for clarification, stated that the resolution
before Council tonight on the proposed utility tax, is merely a
resolution to request the State Legislature to give the City the
authority to raise the percentage of the utility tax the City
already collects.
Purchase of Property in the Watershed Area
Mayor Nichols stated that there is nothing on the agenda this
evening in regard to purchase of property in the Watershed area.
He said no proposals have been made, and negotiations for the
purchase of this land have not been held.
REPORT OF BOARD OF REPRESENTATIVES:
First Ward Representative Eric Lerner spoke to Council on the
following matters:
Item Pricing Law - The Board of Reps will hold a public hearing,
and vote on the Item Pricing Law at their meeting on October 15,
1991.
Revised Version of the Gay and Lesbian Fair Practices Ordinance -
Th.is Ordinance is tentatively scheduled to be back to the Board of
Reps for a vote at the end of November.
County Reapportionment - The County Reapportionment process is
moving forward.
County Budget Process - The County is working on the 1992 budget.
There are substantial cuts from the State totaling approximately
one -half million dollars. In addition to the reduction in State
funding for 1991, the County also lost approximately $250,000 in
interest due to the delay in receiving that funding.
There has been a serious overflow problem at the jail, which has
resulted in boarding Tompkins County prisoners in nearby County
jails. This additional boarding cost is approximately $200,000
more than the County had budgeted for.
As a result of the recession, there has been a major impact on the
County social service program. As people are running out of
unemployment benefits, they are forced to become dependent on
Social Services. The County is expecting the program to run
approximately one -half million dollars over budget.
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October 2, 1991
State to Pick Up Medicaid - There is a proposal for the State to
absorb the local share of Medicaid as a trade for the State taking
back one percent out of the seven percent sales tax. The impact of
this on Tompkins County could be a real disaster. If the
Governor's proposal goes through without modification and revision,
the projections are that the County could lose as much as three and
one -half million dollars a year.
Solid Waste - The Board has voted to raise the tipping fee for
solid waste disposal from $62.00 per ton in 1991 to $146.00 per ton
for 1992, which is less than the figure voted at a previous
meeting. The Landstrom Landfill will be closed on May 1, 1992 and
trash will be shipped out of the county after that.
Recycling - The County is moving as fast as they can to expand
recycling on a county -wide basis. Recycling is being hampered by
not having the central processing facility on -line. The County is
expecting to introduce as many as 25 new recyclable items over the
next couple of years. Possibly by the end of this year glossy
newspaper inserts, glossy magazines and phone books may be able to
be recycled.
Municipal Clean Up Day - The County will sponsor a final municipal
clean up day in March 1992. People will be able to put out all the
accumulated odd size, large garbage that they may have. There will
be no charge for pick up on that day.
REPORT OF CITY BOARDS COMMISSIONS AND COMMITTEES:
Board of Public Works
Commissioner Reeves reported on the following items to the Council:
Stop Sign at Corner of Monroe and Lake Streets - The Board approved
a Stop sign at the corner of Monroe and Lake Streets.
City -owned Park in Northside - In August the Board approved a
resolution in favor of a city -owned park in the Northside area.
Neighborhood and Festival Closings of City Streets - The Board is
reviewing policy for neighborhood groups and festival closure of
City streets, and that matter will be coming back to the Board
shortly.
Increase in Pavilion Fees at Cass and Stewart Parks - The Board
approved an increase in the fees for the use of the pavilions at
Cass and Stewart Parks for 1992.
Traffic Island -State and Mitchell Streets - The Traffic Island will
become a permanent fixture when funds are available.
Stewart Park - No Parking Zone - The Board approved a request by
the Police Department for a no parking zone on the north side of
the road at the west end of Stewart Park between the caretaker's
house and the lagoon.
Compost Facility - The Board passed a resolution, in consultation
with the joint owners of the Ithaca Area Wastewater Treatment
Facility, expressing its intent to use the expanded County compost
facility, provided that it meets its design objectives for cost and
quantity.
Pedestrian Path by Flood Channel - A resolution was presented by
the Bicycle Advisory Council, and passed by the Board, to solicit
the Park Commission's recommendation on possibly widening the path
that is used by walkers, joggers and bicyclists. The resolution
also states that signage be posted to alert the users to the multi-
use of the path.
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October 2, 1991
Communications between the Board and the Council - The Board
passed a resolution stating that they wish to work with Council to
establish a procedure that would allow the Board to provide input
to Council on areas of concern to them. The Board feels it is
important to amend the lack of communication between Council and
the Board so that both bodies will be better informed and because
Council actions directly affect the DPW budget.
Watershed Property Resolutions - There were 3 resolutions proposed
at the Board meeting on September 25, 1991 regarding the purchase
of land in the watershed area. The first resolution urged Council
to consider other funding for the proposed purchase of the land and
to restore appropriate water funds to the capital improvement fund
for water facilities; the vote was a 3 -3 tie, the Mayor broke the
tie: and the motion was defeated. The second resolution urged
Council to consult with the Board in considering the purchase of
lands in the watershed area, including a variety of applicable land
and water management techniques and to fully develop a plan
including the acquisition of land for the protection of the
watershed area; the vote was 4 -2 with 1 abstention, and the motion
passed. The third resolution stated that the Board urged Council
to purchase two parcels of land in the Six Mile Creek Watershed;
the vote was 2 -3 with 1 abstention, and the motion failed.
North Tioga Street and Farm Street Intersection - This matter has
come to the Board again for further study. The Board will ask the
Traffic Engineer to conduct traffic counts to determine the number
of cars, peak traffic times, and average speed. The Police
Department will review the data, and accident history and will
render an opinion.
Cleveland Avenue Name Change - The matter of changing the name of
Cleveland Avenue back to Wheat Street will be discussed at the
Committee of the Whole meeting on October 30, 1991 at 5:30 p.m. at
the Southside Community Center in order to receive input from
residents.
Green Street Parking Garage Renovations - The Board has received a
low bid of $683,531.00 for the renovation of the Green Street
Parking Garage.
Parking on the 1200 Block of East State Street
Alderperson Johnson asked Commissioner Reeves to have the Board
check into the problem of cars parking on City land on East State
Street where the new culvert was put in last year.
Cleveland Avenue Name Change
Alderperson Cummings noted that one of the problems with changing
a street name is that everyone living there has to change all of
their legal records. She asked the Board to consider the
possibility of having historical signage installed instead of
changing the name.
COMMUNICATIONS FROM THE MAYOR:
1991 and 1992 Budget Cuts
Mayor Nichols reported that the City has made cuts amounting to
$1,600,000.00 in the 1991 general fund budget of $24 million. He
said that the greatest reason for the cuts was the loss of State
per capita aid and the large increase in health insurance costs.
He stated that the City will balance this budget, but it is going
to leave very little to carry over into next year. The result of
that is, based on the objective estimate of revenues, and the
department requests, there is a gap that the City is now well in
excess of two million dollars. Mayor Nichols stated that the City
is not going to allow an increase in the property tax higher than
the approximate 5% inflation rate, which will result in severe cuts
in service for all departments.
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October 2, 1991
Mayor Nichols stated that he will be presenting a budget to Council
at the October Committee of the Whole meeting. The Council will be
acting on the 1992 budget at the December meeting.
Mayor Nichols further stated that when the Governor made the cuts
in 1991, he said there may be further cuts in 1992. The City will
not know that until April, and we have to be able to reserve every
option that we can to make up for that possible additional loss.
The action that is being proposed tonight, asking the Legislature
for the authority to raise the gross utility tax, assuming that
Council adopts that and assuming that the Legislature incorporates
that, will provide the City with a possible cushion which we may
have to use.
Mayor Nichols referred to the issue of the possible acquisition of
land in the watershed area. He stated that whether or not such a
proposal is made and the money is spent, it will have no effect on
the property tax or the general fund.
Ceremony for the New Joint Transit Facility
Mayor Nichols announced that there will be a ground- breaking
ceremony for the new Joint Transit Facility on October 9th at 12:00
noon at the Pier Road site.
REPORT OF CITY CONTROLLER:
City Controller Cafferillo referred to Rep. Lerner's comments about
the State's proposal to take over the medicaid program. He stated
that it sounds like a County issue but it is very much a City issue
as well. The Conference of Mayors has called a meeting with the
Governor's Office and the State Budget Office on Monday which the
Mayor and he will be attending. One of the main questions is, if
they did take 1 %, where does the 1% come from? Out of the seven
percent sales tax, the City gets 1 1/2 %, the County gets 1 1/2%;
will the State take 1% of the County share, leaving us our full 1
1/2%, or will they take 1% off the top, leaving the County 1 % and
the City 1 %? That 1/2% loss in sales tax to the City could amount
to a $1.8 to $2 million loss to the City.
REPORT OF CITY ATTORNEY:
Strand Theater
City Attorney Guttman, for clarification, stated that two bids were
received for the sale of the City's interest in the Strand Theater
on October 1, 1991. He stated that he received a verbal request
from one of the bidders at the time that the bid was delivered to
be notified as soon as the bids were open as to the content of the
other bids. City Attorney Guttman advised the bidder he would not
do so. He has also received a verbal request from the Ithaca
Journal to disclose the contents of the bids to the press and he
has refused to do so.
City Attorney Guttman referred to an article in today's Ithaca
Journal which stated that the City is acting improperly in not
disclosing the contents of those bids. He stated that he has not
at this time received any official requests pursuant to the Freedom
of Information law. It is his opinion, after reading the
proposals, that the disclosure of the proposals at this time would
impair contract negotiations.
City Attorney Guttman stated that he has spoken with Robert
Freeman, Executive Director of the State of New York Committee on
Open Government, and he confirmed that he had spoken with the press
from Ithaca and based on the information that they had given him,
he recommended that the bid numbers be released publicly. However,
after City Attorney Guttman explained the entire situation to Mr.
Freeman, he said that the information that he received from the
Ithaca Journal was not complete. City Attorney Guttman further
stated that he explained to Mr. Freeman that neither bid proposal
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October 2, 1991
met the terms of the sale and therefore, this will necessarily
result in further negotiations between the City of Ithaca and the
prospective bidders. Based on that information, Mr. Freeman
advised him that it was his opinion that it was completely proper
F for the City to withhold a release of any information at this time.
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City Attorney Guttman said that he will state publicly that the
City received two bids; one was from the Save Our Strand Group/
Ithaca Grass Roots Festival Group, the other was from RHP
Properties. Neither bid technically complies with the terms which
the City of Ithaca set forth as bid terms. Neither bid is simply
a dollar figure. Each bid in one or more ways, fails to meet the
terms of the sale and more significantly contains contingencies.
Therefore, in his opinion, it is necessary to attempt to meet with
both bidders to get more information regarding these bids and to
clarify ambiguities. He said he has met today with both of the
bidders and to some extent have been able to flush out more of the
details of the bids and he will report in more detail to Council in
T' executive session.
(V Discussion followed on the floor.
BUDGET AND ADMINISTRATION COMMITTEE:
Z * 16.1 Attorney - Request Funds for Litigation
By Alderperson Booth: Seconded by Alderperson Peterson
RESOLVED, That an amount not to exceed $5,000 shall be transferred
from A1990 Unrestricted Contingency, to Account A1420 -435 City
Attorney Contractual Services in connection with litigation brought
against the City.
Carried Unanimously
* 16.2 Attorney - Request Funds for Litigation
By Alderperson Booth: Seconded by Alderperson Romanowski
RESOLVED, That an amount not to exceed $1,000 shall be transferred
(amov from A1990 Unrestricted Contingency, to Account A1420 -435 City
Attorney Contractual Services, to pay for legal services in
connection with litigation brought against the City and a City
employee.
Carried Unanimously
* 16.3 Police Department - Request to Increase Authorization for
Computer Acquisition Capital Project #211
By Alderperson Booth: Seconded by Alderperson Johnson
WHEREAS, the Police Department has recommended that additional
hardware and software be acquired to continue the Police
Department's gradual upgrade of its existing computer system, and
WHEREAS, the hardware and software acquired will assist in the
implementation of the new Computer Aided Dispatch System and the
new computerized accident management and diagraming system, by
January 1992; now, therefore, be it
RESOLVED, That Capital Project #211 Computer Acquisition be
increased by $20,500., to acquire hardware and software required to
upgrade the Police Department's existing computer system, and be it
further
RESOLVED, That the financing for such acquisition shall be derived
from the issuance of Bond Anticipation Notes to be amortized over
a five year period.
Alderperson Booth explained the request, and discussion followed on
the floor regarding the need for a comprehensive plan for a
computerization study.
A vote on the resolution resulted as follows:
Carried Unanimously
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October 2, 1991
* 16.4 Planning Department - Request to Approve Joint Transit
Facility Capital Project #229 Construction and Operation Contract
By Alderperson Booth: Seconded by Alderperson Blanchard
RESOLVED, That the Mayor is hereby authorized to execute a Joint
Transit Facility Construction and Operation Agreement that is in
all material respects the same as the draft of said agreement dated
September 10, 1991 on behalf of the City and to transfer
approximately two acres of City land with associated easements to
effect the implementation of said agreement.
Ayes (9) - Booth, Hoffman, Golder, Peterson, Johnson, Daley,
Schroeder, Romanowski, Blanchard
Nay ( 1) - Cummings
Carried
* 16.5 Planning Department - Request to Appropriate Funds for Pogo
Parcel and Northside Park Survey
By Alderperson Booth: Seconded by Alderperson Hoffman
RESOLVED, That an amount not to exceed $1,500 be transferred from
Unrestricted Contingency to Account A8020 -435 Planning Department
Contractual Services, in order to pay for a survey of City owned
property located at 515 First Street in the City (The Pogo Parcel) ,
in connection with the location of the Northside Park on that site
and the implementation of the MHA Housing Project.
Alderperson Blanchard, for the record, stated that she is voting
against this resolution because she does not support either of the
projects that would be advanced by this survey.
Alderperson Cummings stated that she is voting against the
resolution because she does not support the use of one -third of the
site for a park when there are parks within a block of the area and
she would like to see housing on that site.
A vote on the resolution resulted as follows:
Ayes (6) - Hoffman, Peterson, Schroeder, Golder, Booth,
Johnson
Nays (4) - Cummings, Daley, Romanowski, Blanchard
Carried
* 16.6 Fire Department - Request to Establish Permit Fee Structure
By Alderperson Booth: Seconded by Alderperson Peterson
WHEREAS, the Fire Department has examined their current system for
issuing permits and has recommended that a fee be established to
offset the actual costs of issuing certain permits by Fire
Department Personnel; now, therefore, be it
RESOLVED, That the Fire Department be and is hereby authorized to
establish a fee for the issuance of the following permits:
Blasting
Fireworks
Flammable and Combustible Liquids
Liquid Petroleum Gas - Permanent Installations
Liquid Petroleum Gas - Temporary Installations
Bonfires /open burning
Asphalt kettles
Welding or cutting
at a rate of $28 per hour for each hour of work by a member of the
Fire Department related to the above permits and $42 per hour for
each hour of overtime related thereto by a member of the Fire
Department in the interests of recovering the actual personnel and
administrative costs involved in preparing and processing said
permits, and be it further
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October 2, 1991
RESOLVED, That the permit fees shall be adjusted annually to
reflect current personnel and administrative costs related to the
preparing and processing of said permits.
Carried Unanimously
* 16.7 Finance Department - Personnel - Request Authorization to
Implement Civil Service Application Fees
By Alderperson Booth: Seconded by Alderperson Romanowski
RESOLVED, That pursuant to Section 50.5(b) of the New York State
Civil Service Law, the City of Ithaca does hereby authorize the
implementation of a civil service application fee of seven dollars
($7) for all civil service examinations, effective January 1, 1992.
Extensive discussion followed on the floor with Personnel
Administrator Saul answering questions of Council members.
Motion to Table
By Alderperson Golder: Seconded by Alderperson Hoffman
RESOLVED, That the matter of implementing a fee for Civil Service
Applications be tabled.
Ayes (2) - Golder, Hoffman
Nays (8) - Peterson, Romanowski, Cummings, Daley, Blanchard,
Johnson, Schroeder, Booth
Motion Fails
Main Motion
A vote on the Main Motion resulted as follows:
Ayes (3) - Booth, Blanchard, Romanowski
Nays (7) - Peterson, Hoffman, Golder, Schroeder, Johnson,
Cummings, Daley
Motion Fails
* 16.8 Finance Department - Chamberlain - Request for City To
Purchase Liens at 1991 Tax Sale
By Alderperson Booth: Seconded by Alderperson Cummings
RESOLVED, That pursuant to Ithaca City Charter Section 4.6(E) the
City Chamberlain is hereby authorized and directed on behalf of the
City of Ithaca to purchase all lands at the 1991 City Tax Sale,
except for Tax Map No. 69. -1 -8, known as the Strand Theater,
without competitive bidding, for the gross amount due.
Discussion followed on the floor with City Attorney Guttman and
City Chamberlain Parsons answering questions from Council members.
A vote on the resolution resulted as follows:
Carried Unanimously
* 16.9 Finance Department - Chamberlain - Request to Reduce
Redemption Period of Properties at Tax Sale
By Alderperson Booth: Seconded by Alderperson Golder
WHEREAS, the City Chamberlain's office has informed the Budget and
Administration Committee of Common Council that substantial sums of
unpaid City taxes remain outstanding for the entire three -year
redemption period permitted under State Law for occupied
properties, and
WHEREAS, since 1989 the City has been the purchaser of all City tax
liens, thereby incurring a substantial loss of revenue for the
years in which the taxes are owed, and
WHEREAS, Section 1022(2) of the New York State Real Property Tax
Law permits a purchaser of tax liens to reduce the period of
redemption for real property by serving appropriate written notices
as provided in that statute, and
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October 2, 1991
WHEREAS, the City Chamberlain's Office has requested the authority
to shorten the redemption period by use of the notice provisions
under Section 1022(2); now, therefore, be it
RESOLVED, That the City Chamberlain's Office is authorized to
reduce the period for the redemption of real property from thirty -
six (36) months to eighteen (18) months through the service of
appropriate written notices as outlined under New York State Real
Property Tax Law on all City properties on which tax liens are
owed, with the exception of single- family homes and owner - occupied
duplexes.
Carried Unanimously
* 16.10 Finance Department
Department Budget
By Alderperson Booth: Secon
WHEREAS, the City of Ithaca
Grant from the New York
implementation of a records
it
- Clerk - Request to Amend 1991 Finance
ded by Alderperson Johnson
Clerk's Office has received a $39,204
State Education Department for the
management system; now, therefore, be
RESOLVED, That the Finance Department Personnel Roster be amended
as follows:
Add: (1) Records Management Coordinator (Grade 17)
(1) Typist (Grade 4)
and be it further
RESOLVED, That the additional roster positions established as a
result of this funding are temporary positions which are subject to
the continuation of the Grant funding from the New York State
Education Department for the period of the grant, October 1, 1991 -
June 30, 1992, and be it further
RESOLVED, That the 1991 Finance Department Budget be amended as
follows:
Increase Revenue Account:
A3989 Home and Community $39,204
Increase Appropriation Accounts:
A1315 -110 Staff [25,425 & 7,113] 32,538
A1315
-425 Office Expense
1,250
A1315 -445 Travel
161
A1315 -435 Contracts
1,867
A9030
Social Security
370
A9010
State Retirement
764
A9040
Workers Compensation
1,386
A9050
Unemployment Insurance
868
Carried Unanimously
* 16.11 Attornev - Request Additional Funds for Central Processinq
Litigation
By Alderperson Booth: Seconded by Alderperson Cummings
WHEREAS, the City has received the final bill 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 and greater than the payments made
to date by the City; now, therefore, be it
RESOLVED, That $2,256.80 be transferred from Account A1990,
Unrestricted Contingency, to A1420 -435, City Attorney Contractual
Services, to pay the final bill relative to the Central Processing
Facility lawsuit appeal.
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October 2, 1991
Discussion followed on the floor.
A vote on the resolution resulted as follows:
Ayes (4) - Booth, Peterson, Romanowski, Cummings
Nays (5) - Schroeder, Golder, Daley, Blanchard, Johnson
Abstention (1) - Hoffman
Motion Defeated
* 16.12 Finance Department - Approval of Ithaca Housing Authority
Salaries Comparability to City Salaries
By Alderperson Booth: Seconded by Alderperson Romanowski
WHEREAS, the Ithaca Housing Authority is mandated by the Department
of Housing and Urban Development, its funding agency, to
demonstrate that the salaries and wages of the employees of said
Housing Authority are comparable with the practices of the local
governing body for all positions of similar responsibility and
required competence, and
WHEREAS, the City of Ithaca authorized a 5% increase for 1991,
including step increases for qualified employees, and
WHEREAS, the Ithaca Housing Authority (IHA) has authorized a 5%
increase for all qualified employees to bring the IHA employees
closer to parity and comparability with City of Ithaca employees,
and
WHEREAS, the IHA has established the following positions,
comparability and salary ranges for its Public Housing Section and
covered by its Operating Budget:
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Position
Comparable Position
Salary
Executive Director
Director of Planning &
$43,556 - $64,474
(15 years)
Development /Controller
$49,088 (Oyer.)
8,662 (Sec.8)
Salary
$57,750
Assistant Director
Deputy Director Plann-
$34,601 - $51,218
(15 years)
ing Department (35 hours)
Salary
$40,039
Principal Account
City of Ithaca CSEA
$16,580- 20,979
Clerk (14 years)
(40 hours) Salary
$30,428
Administrative
City of Ithaca CSEA
$17,331- 21,929
Secretary (12 years)
(40 hours) Salary
$22,965
Site Manager
Planner III
$21,906- 27,718
(9 years)
(40 hours)
$13,353 (oper.)
13 352(Sec8 /Vou)
Salary
$26,705
Tenant Relations
Administrative Asst.
$15,622- 19,766
Asst. (1 1/2 yrs.)
(35 hours) Salary
$16,000
Account Clerk
Typist (6 years)
City of Ithaca CSEA
(35 hours) Salary
$13,226- 16,735
$16,475
Sr. Account Clerk
City of Ithaca CSEA
$14,549- 18,409
Typist (1 yr.)
(40 hours)
$11,059 (Oper.)
(Lateral transfer from
City of Ithaca)
5,955(Sec8)
Salary
$17,014
Director of
Recreation Supervisor
$21,732 - $27,498
Resident Services
CSEA
(7 mos.)
(35 hours) Salary
$19,816
11
12
October 2, 1991
Superintendent of
Ithaca School
District * *Range not
CSEA $5.99 - $6.69 /hour
Maintenance (18 years)
(40 hours)
available
IHA $6.29+ O.T.
Salary $28,821
guaranteed
Stock Manager
City of Ithaca
CSEA ** Range not
Salary *$13,572
(6 years)
(40 hours)
available
$5.00 /hour
(5 years)
(40 hours)
Salary $21,308
$2,600
Building Maintenance
Mechanic (14 years)
Maintainer CSEA $7.00 - $7.70 /hour
(40 hours) IHA $11.08 + O.T.
guaranteed
$5.00 /hour
guaranteed
Salary *$15,204
$2,600
Summer
Salary *$23,877
Seasonal
Building Maintenance Maintainer CSEA $7.00 -$7.70 hour
Mechanic (13 years) IHA $10.49 +O.T.
guaranteed
Salary *$22,574
Maintenance Worker City of Ithaca CSEA $6.36 - $7.06 /hour
(10 years) (40 hours) IHA $8.22 +O.T.
guaranteed
Salary *$17,693
Maintenance Worker City of Ithaca CSEA $6.36 - $7.06 /hour
(6 years) (40 hours) IHA $7.68 +O.T.
guaranteed
Salary *$16,519
Maintenance Worker
City of Ithaca
CSEA $6.36- 7.06 /hour
CSEA $5.99 - $6.69 /hour
(5 years)
(40 hours)
IHA $7.53 + O.T.
IHA $6.29+ O.T.
guaranteed
guaranteed
Salary *$16,202
Salary *$13,572
Laborer
City of Ithaca
CSEA $5.99 - $6.69 /hour
$5.00 /hour
(5 years)
(40 hours)
IHA $7.05 + O.T.
$2,600
Laborer
(Summer help)
guaranteed
$5.00 /hour
Salary *$15,204
$2,600
Laborer
City of Ithaca
CSEA $5.99 - $6.69 /hour
(1 1/2
yrs.)
(40 hours)
IHA $6.29+ O.T.
guaranteed
Salary *$13,572
Laborer
(Summer help)
Seasonal
$5.00 /hour
$2,600
Laborer
(Summer help)
Seasonal
$5.00 /hour
$2,600
Summer
Camp Directors/
Seasonal
$13,650
Counselors
Recreation Assistant $6.50 /hour
SECTION 8 /VOUCHER
Section 8 Planner II - CSEA $21,906- 27,718
Administrator (14 years) (40 hours) Salary $30,226
Tenant Selector
(3 years)(40 hours)
Account Clerk/
Typist (3 years)
Account Clerk/
(2 years)
Administrative Assis- $15,622 - $19,766
tant - CSEA Salary $18,201
City of Ithaca CSEA $13,226- $16,735
(40 hours) Salary $14,811
City of Ithaca CSEA $13,226- 16,735
(40 hours) Salary $14,613
12
13
October 2, 1991
Section 8 Assistant *See Site Manager $21,906 - $27,718
(Pro -rated Salary) Planner II $13,353(sec.8 /vou.)
(40 hours) $13,352 (oper.)
Salary $26,705
now, therefore, be it
RESOLVED, That pursuant to its responsibilities under Section 3,
Article 32(1) of the New York State Housing Law the Common Council
agrees that the salaries and wages of the employees of the IHA are
comparable to those paid by the City for all positions of similar
responsibility and required competence.
Carried Unanimously
* Per U.A.W. Union Contract
** No range available from City of Ithaca Civil Service Office
Alderperson Daley left the meeting at 9:20 p.m.
* 16.13 Finance Department - Controller - Request Appropriate
Legislation to Authorize the City to Impose Additional Taxes on
Utilities
By Alderperson Booth: Seconded by Alderperson Hoffman
RESOLVED, That Common Council hereby respectfully requests
Assemblyman Martin Luster and Senator ,lames Seward to develop and
strongly support appropriate legislation to amend Section 20 -b of
the General City Law to include the City of Ithaca among the cities
which have the authority to levy a tax on the furnishing of utility
services in an amount that does not exceed three percentum of gross
income or gross operating income, and be it further
RESOLVED, That the Mayor and the City Attorney are hereby
authorized to take all appropriate steps to facilitate the adoption
of such legislation including, but not limited to, the submitting
of a home rule request to the State Legislature.
Alderperson Booth explained the resolution and discussion followed
on the floor.
City Controller Cafferillo explained that the City already collects
1 percent local tax on the gross receipts collected by utilities
for services received and paid for within the City. This
resolution would increase the percentage the City would collect
from 1% to 3 %. He further stated that the State Legislature was
prepared to enact this legislation for all cities last year, but
did not because some cities have a sizeable carry -over figure.
City Controller Cafferillo emphasized the need for this authority
should the state aid cuts be even more severe next year.
A vote on the resolution resulted as follows:
Ayes (7) - Booth, Johnson, Golder, Cummings, Peterson,
Hoffman, Schroeder
Nay (1) - Blanchard
Abstention (1) - Romanowski (conflict of interest)
Absent (1) - Daley
Carried
* 16.14 Audit
By Alderperson Booth: Seconded by Alderperson Romanowski
RESOLVED, That the bills presented, as listed on Audit Abstract
18/1991 in the total amount of $20,107.51 be approved for payment.
Carried (9 -0)
Recess
Common Council recessed at 9:30 p.m. and reconvened at 9:45 p.m.
13
14
October 2, 1991
PLANNING AND DEVELOPMENT COMMITTEE:
* 17.1 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 Booth
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.
BE IT ORDAINED AND ENACTED by the Common Council of the City
of Ithaca, New York, as follows:
Expiration of Variances
Section 1. That Section 30.58(B)(4) is hereby amended to read
as follows:
a) "When an area variance is granted by the Board of Appeals
which enables an applicant to do construction which requires a
building permit, or a use variance is granted by the Board of
Appeals and construction which requires a building permit is
necessary for conversion to the use for which the variance is
granted, and the applicant has not obtained a building permit to
construct the building or part thereof for which the variance has
been granted and initiated the construction work within two (2)
years from the date of the granting of the variance, the said
variance shall become void; and
b) when an area variance is granted by the Board of Appeals
which enables an applicant to do construction which requires a
building permit, or a use varie
Appeals and construction which
necessary for conversion to the
granted and a building permit t(
thereof for which the variance ha
and the construction has not been
the expiration of the building
become void; and
nce is granted by the Board of
requires a building permit is
use for which the variance is
construct the building or part
s been granted has been obtained,
substantially completed prior to
permit, the said variance shall
c) when a use variance is granted by the Board of Zoning
Appeals and no construction which requires a building permit is
necessary for conversion to the use for which the variance is
granted and the applicant has not obtained a certificate of
occupancy for the use for which the variance was granted within two
(2) years from the date of the granting of the variance, the
variance shall become void."
Section 2. Effective Date.
This ordinance shall take effect immediately and in accordance
with law upon publication and notice as provided in Section 3.11(B)
of the Ithaca City Charter. (Publication date October 10, 1991)
Carried (9 -0)
* 17.2 An Ordinance Amending Section 26.24(K) Entitled `Expiration
of Permits' of Chapter 26 Entitled `Building Code Enforcement' of
the City of Ithaca Municipal Code
By Alderperson Hoffman: Seconded by Alderperson Peterson
WHEREAS, Common Council of the City of Ithaca has passed an
Ordinance amending Section 30.58 of the Zoning Ordinance providing,
among other things, that certain area and use variances shall
become void if a building permit has been obtained and construction
related to the variance has not been substantially completed prior
to the expiration of the building permit, and
14
D
J
0
15
October 2, 1991
WHEREAS, Council wishes to avoid a situation in which building
permits will expire resulting in a variance becoming void without
the holder of the permit being aware that the permit is expiring;
now, therefore, be it
RESOLVED that Section 26.24(K) of the City of Ithaca Municipal Code
is hereby amended to read as follows:
ORDINANCE NO. 91 -
An Ordinance Amending Section 26.24(K) Entitled "Expiration of
Permits" of Chapter 26 Entitled `Building Code Enforcement' of the
City of Ithaca Municipal Code.
BE IT ORDAINED AND ENACTED by the Common Council of the City
of Ithaca, New York as follows:
Expiration of Permits
T
(0 Section 1. That Section 26.24(K) is hereby amended to read as
(V follows:
m All building permits shall remain in effect for a P eriod of
two years. Permits shall be renewable upon application to the
Building Commissioner and upon payment of the renewal fee. At
least forty -five (45) days before the expiration of the building
permit granted under this chapter, the Building Commissioner shall
send a notice of expiration by ordinary and certified mail to the
person holding such permit. Upon the failure of the Building
Commissioner to send such notice of expiration by ordinary and
certified mail to the person holding such permit, such permit shall
continue and shall not expire until forty -five (45) days after the
sending of such notice of expiration.
If after a permit has been issued, operations authorized
thereunder have not commenced within six (6) months, or if
authorized work has been started but discontinued for a period of
twelve (12) months, such permit shall become void and the building
or structure may be declared abandoned. At least thirty (30) days
prior to completion of the six -month period described above, the
Building Commissioner shall send a notice by ordinary and certified
mail to the person holding such permit indicating that the six-
month period is about to expire. Upon the failure of the Building
Commissioner to send such notice of expiration by ordinary and
certified mail to the person holding such permit, such permit shall
continue and shall not expire until thirty (30) days after the
sending of such notice of expiration.
Section 2. Effective Date.
This Ordinance shall take effect immediately and in accordance
with law upon publication and notice as provided in Section 3.11
(B) of the Ithaca City Charter. (Publication date October 10, 1991)
Carried (9 -0)
* 17.3 Location of New Street Between Proposed Mutual Housing Site
and Proposed Northside Park
By Alderperson Hoffman: Seconded by Alderperson Peterson
WHEREAS, by resolution adopted August 7, 1991, this Council
attempted to locate the right -of -way for the street to run along
the eastern boundary of the parcel for which the City has
negotiated an option agreement with the Tompkins County Mutual
Housing Association to purchase, and
WHEREAS, the resolution adopted on August 7, 1991 states that the
right -of -way is to be located approximately 20 feet west of the
eastern boundary of the option parcel but does not specify which
15
16
October 2, 1991
portion of the right -of -way is to be located on said line, now,
therefore be it
RESOLVED, In order to clarify the resolution passed on August 7,
1991, be it
RESOLVED, That the western boundary of the right -of -way over which
this street shall run is to be located approximately 20 feet west
of the eastern boundary of the option as shown on the map dated
August 7, 1991, which map is attached to minutes of the August 7,
1991 Common Council meeting.
Carried (9 -0)
* 17.4 Common Council Acceptance and Approval of West Hill Master
Plan
By Alderperson Hoffman: Seconded by Alderperson Schroeder
WHEREAS, A Master Plan for the West Hill area of the City has been
prepared under the direction of the Planning and Development Board
with the participation of the West Hill Civic Association and
appropriate departments of City government, and
WHEREAS, this plan includes modifications to the planning concepts
for the West Hill area as outlined in previous City planning
documents including the 1954 and 1970 General Plans, and
WHEREAS, the West Hill Master Plan has been the subject of numerous
public meetings and discussions resulting in a community -wide
consensus on the basic tenets of the Plan, and
WHEREAS, the appropriate environmental reviews of the Plan have
been completed and have resulted in a finding of No Significant
Impact, and
WHEREAS, the Planning and Development Board has, by its action on
July 30, 1991 approved and adopted the West Hill Master Plan as an
amendment to the 1970 General Plan, replacing in full those
portions of the 1970 Plan that pertain to the study area as defined
in the West Hill Master Plan; now, therefore, be it
RESOLVED, That the West Hill Master Plan, as approved and adopted
by the Planning and Development Board is hereby accepted and
approved by the Common Council as the general guide for the future
development of the West Hill portion of the City and shall be
deemed a part of the City's Comprehensive Plan.
Extensive discussion followed on the floor.
Motion to Refer to Committee
By Alderperson Booth: Seconded by Alderperson Blanchard
RESOLVED, That the matter of the West Hill Master Plan be referred
to the Planning and Development Board to solicit public opinion and
to study the lower West Hill area.
Carried Unanimously (9 -0)
* 17.5 Designation of Lead Agency Status for Environmental Review
of the City Court Facility
By Alderperson Hoffman: Seconded by Alderperson Peterson
WHEREAS, State Law and Section 36.6 of the City Code requires that
a lead agency be established for conducting environmental reviews
of projects in accordance with local and state environmental law,
and
WHEREAS, State Law specifies that for actions governed by local
environmental review, the lead agency shall be that local agency
which has primary responsibility for approving and funding or
carrying out the action, and
16
17
October 2, 1991
WHEREAS, the proposed construction of a new City Court Facility
requires review under the City's Environmental Quality Review
Ordinance; now, therefore, be it
RESOLVED, That the Common Council does hereby declare itself lead
agency for the environmental review of the proposed construction of
the City Court Facility.
Carried Unanimously (9 -0)
* 17.6 An Ordinance Amending Section 30.25 Entitled `District
Regulations', Column 2 Entitled `Permitted Primary Uses' of Chapter
30 Entitled `Zoning' of the City of Ithaca Municipal Code Call
for Public Hearing
By Alderperson Hoffman: Seconded by Alderperson Johnson
RESOLUTION OF COMMON COUNCIL INTRODUCING
PROPOSED CHANGES TO THE ZONING ORDINANCE AND
T'— PROVIDING FOR PUBLIC NOTICE AND PUBLIC HEARING
(V RESOLVED, That Ordinance Number 91- entitled "An Ordinance
Co Amending Section 30.25 Entitled `District Regulations' of Chapter
Z 30 Entitled `Zoning' of the City of Ithaca Municipal Code" be and
is hereby introduced before the Common Council of the City of
Ithaca, New York; and be it further
RESOLVED, That the Common Council shall hold a public hearing in
the matter of the adoption of the aforesaid ordinance to be held at
the Common Council Chambers, City Hall, 108 East Green Street,
Ithaca, New York, on Wednesday, November 6, 1991, at 7:00 p.m.; and
be it further
RESOLVED, That the City Clerk give notice of such public hearing by
the publication of a notice in the official newspaper, specifying
(woo" the time when and the place where such public hearing will be held,
and in general terms describing the proposed ordinance. Such
notice shall be published once at least fifteen (15) days prior to
the public hearing; and be it further
RESOLVED, That the City Clerk shall transmit forthwith to the Board
of Planning and Development and the Tompkins County Planning Board
a true and exact copy of the proposed ordinance for its report
thereon.
Resolution
WHEREAS, the permitted primary uses currently listed in the City's
Zoning Ordinance for the P -1 zone appear to be limited to public
recreation and public and semi - public educational uses only, and
WHEREAS, City land use decisions regarding the siting of municipal
buildings have long occurred in areas of the City zoned P -1 on the
assumption that these were allowable uses because when this
provision of the Ordinance was written municipalities were exempt
_ from their own zoning ordinances for governmental uses, and
WHEREAS, these uses of the P -1 zone are consistent with the City's
general long term land use policy as reflected in numerous
decisions made by Common Council, the Planning and Development
(Wwooe Board and Board of Public Works over past years; now, therefore, be
it
RESOLVED, That recognizing this pattern of land use decisions, the
permitted uses allowed in the P -1 zone be clarified to include all
municipal public buildings, facilities, and functions, and be it
further
17
October 2, 1991
RESOLVED, That the Common Council:
1. directs the City Attorney to prepare and. circulate a
first draft amendment for this proposed change, and
2. directs the Director of Planning and Development to
prepare an Environmental Assessment for this change, said
documents to be distributed to those Committees, Boards,
and Department Heads listed under "Expedited Zoning
Ordinance Amendment" adopted by Common Council on October
3, 1990, and be it further
RESOLVED, That Section 30.25 of the City of Ithaca Municipal Code
is hereby amended to read as follows:
ORDINANCE NO. 91 -
An Ordinance Amending Section 30.25 Entitled `District
Regulations', Column 2, Entitled `Permitted Primary Uses' of
Chapter 30 Entitled `Zoning' of the City of Ithaca Municipal Code.
BE IT ORDAINED AND ENACTED by the Common Council of the City
of Ithaca, New York as follows:
Section 1. That Section 30.25, Column 2, Permitted Primary
Uses, is hereby amended to include the following:
3 All municipal public buildings, facilities and
functions.
Section 2. Effective Date.
This Ordinance shall take effect immediately and in accordance
with law upon publication and notice as provided in Section 3.11(B)
of the Ithaca City Charter.
A vote on the resolution to call for a public hearing resulted as
follows:
Ayes (8) - Booth, Johnson, Romanowski, Blanchard, Peterson,
Golder, Schroeder, Hoffman
Nay ( 1 ) - Cummings
Carried (8 -1)
HUMAN SERVICES COMMITTEE:
Review of Human Services Funding Recommendations - Report
Alderperson Johnson reported that the Human Services Committee made
a recommendation to the Mayor that Human Service funding total
$147,738. for 1992.
Community Services Recommendations - Report
Alderperson Johnson reported that Community Services funding
recommendations for 1992 is $82,799.
INTERGOVERNMENTAL RELATIONS COMMITTEE:
* 19.1 Amendment to Proposed Contract with Mutual Housing
Association
By Alderperson Booth: Seconded by Alderperson Schroeder
WHEREAS, at its regular meeting on July 3, 1991, Common Council
passed a resolution authorizing the Mayor of the City of Ithaca to
enter into a contract with the Mutual Housing Association of
Tompkins County, and
WHEREAS, the contract which the Mayor is authorized to enter into
specifically provided that the purchase price of the property would
be the sum of $90,000 which would be paid by the Mutual Housing
Association executing and delivering to the City a purchase money
bond and mortgage in the amount of $90,000 which bond and mortgage
Fu
19
October 2, 1991
could be subordinated to a construction loan or other permanent
financing mortgage for the development of the seven duplexes on the
site, the construction loan or other permanent mortgage not to
exceed the sum of $220,000, and
WHEREAS, the City has been informed that the Mutual Housing
Association of Tompkins County, Inc. has pursued obtaining the
necessary financing for the entire project and has obtained a
mortgage commitment from Citizens Savings Bank wherein Citizens
Savings Bank has agreed to lend on a first - mortgage basis the sum
of $166,000 to the Mutual Housing Association of Tompkins County,
Inc., and that the Federal Home Loan Bank of New York has agreed to
advance via Citizens Savings Bank the sum of $207,830 as a direct
subsidy, which funds would be secured by a second mortgage on the
property if the $90,000 mortgage to be held by the City of Ithaca
is placed in a third position subordinate to the $166,000 mortgage
and the $207,830 mortgage, and
I— WHEREAS, the City has been informed that the funds which are being
(C) loaned from the Federal Home Loan Bank of New York, currently
N estimated in the amount of $207,830, are to be considered repaid
m over a ten -year period. The Mutual Housing Association of Tompkins
County shall be required to submit periodic interim reports showing
Z how the funds are being used and particularly confirming that the
funds are being used for affordable housing purposes. If these
funds are used for the ten -year period for approved purposes, the
obligation to repay these funds shall be forgiven; now, therefore
be it ,
RESOLVED, That paragraph 3 of the contract which the Mayor is
authorized to enter into with the Mutual Housing Association of
Tompkins County, Inc. is hereby modified to provide that the amount
of financing which the $90,000 City of Ithaca mortgage will be
(two" subordinate to, is a sum not to exceed $425,000.
City Attorney Guttman explained that the two figures that MHA
currently has, prior to the City mortgage, add up to approximately
$375,000. The reason the resolution has been drafted for an
amount not to exceed $425,000 is that the current funding MHA has
is not the exact number that their current building construction
estimates are equal to.
City Attorney Guttman explained how MHA could close the gap in the
figures.
Mayor Nichols asked City Attorney Guttman to explain what the
City's position will be in this process.
City Attorney Guttman explained that under the terms of the
original proposal the City would be subordinate for $220,000. If
this resolution is passed, the City will sell the land to MHA and
instead of receiving cash as a purchase price, the City will take
back a mortgage. At the time the City sells the land, that
mortgage will be a first mortgage lien on the property, it will not
be subordinate to anything. It will become subordinate if
construction financing goes into place. Citizens Savings Bank has
required as part their mortgage commitment that the grant funds
' include the Community Development Block Grant Funds, be
WhiCii would iiiCiu c
used prior to the time that any mortgage money is used. The grant
money would be put into the project before any mortgages would be
placed on the property other than the City mortgage. When those
funds are used, and construction is progressing the bank will lend
the additional money, and the City's mortgage will be subordinated.
19
Amending Resolution October 2, 1991
By Alderperson Booth: Seconded by Alderperson Hoffman
RESOLVED, That in the final Resolved clause, the following words,
"in construction loans or other permanent mortgage financing" be
added at the end of the paragraph.
Carried Unanimously (g_O)
Main Motion as Amended
A vote on the Main Motion as Amended resulted as follows:
Ayes (8) - Booth, Hoffman, Peterson, Johnson, Golder,
Cummings, Schroeder, Romanowski
Nay (1) - Blanchard
Carried (8_1)
`�r Orzt;IAL COMMITTEES AND COUNCIL LIAISONS
Shade Tree Advisory Committee
Alderperson Golder reported that the Shade Tree Advisor
has received grants of approximate) Y redesigning Committee
street edge along the Old Elmira Road. $1Nina0Bassukewillgbenuusing
her Fall class to re- design that area, and she is also working
with Acting Superintendent of Public Works Gray. g
Disability AdvisorY Council
Alderperson Golder reported that there was a ribbon cuttin
ceremony for the automatic doors that have been installed in City
Hall for handicapped persons.
Alderperson Golder also reported that two items the DAC is working
on is snow and ice removal procedures from curb cuts and sidewalks
and how to enforce handicapped parking.
Executive Session
By Alderperson Booth: Seconded b
RESOLVED, That Common Council adjourn dein to Schroeder dSession for
discussion purposes only regarding the disposition of the Strand
Theater at 10:35 p.m.
Regular Session and Adjournment
Common Council reconvened in Regular Session and adjourned t
meeting at 11:45 p.m, he
Julie Conley Bo le
Deputy City Clerk
20
41,�
Benjamin Nichols
Mayor
2
October 2, 1991
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
Strand Theater
The following persons spoke to Council in support of saving the
Strand Theater:
Doug Reid - 105 Sheldon Road (read a statement from Gerald
Wolfe, Director of the Gerald Wolfe Singers and
the Ithaca Community Chorus)
Heather Dunbar - 709 North Tioga Street
Susan Hurwitz - 220 Wood Street
Bruce Silvey - 221 Columbia Street
Jim Blizzard - 803 Coddington Road
Lavinia Reid - 274 Floral Avenue (read statements from Peter
Hedrick and Frank Mazurek)
Henry Peterson - (no address available)
Paul Sayvetz - 201 Elm Street
Jordan Puryear - North Shuler Road, Alpine, NY
Barbara Ebert - 412 North Cayuga Street
Art Watkins - 800 South Plain Street
Utility Tax
Mark Finkelstein, 210 Lake Street, addressed Council regarding the
proposed utility tax resolution. He acknowledged the possible
benefits of the increased tax, but stated that he is opposed to the
resolution because he believes the City can save money by careful
budgeting and planning.
West Hill Master Plan
George R. Frantz, 604 Cliff Street, read a statement to Council
regarding the West Hill Master Plan resolution. Mr. Frantz objects
to the resolution because the lower West Hill area, especially
Cliff Street, has been neglected in this Master Plan. Mr. Frantz
also commented on the negative impacts the Plan A solution to the
Octopus project and the proposed down- zoning in the lower West Hill
area will have on Cliff Street residents.
RESPONSE TO THE PUBLIC:
West Hill Master Plan
Alderperson Blanchard thanked Mr. Frantz for speaking out on the
West Hill Master Plan. She stated that when the West Hill Master
Plan was being conceived, the City was in the midst of making a
decision about Route 96. She stated that she was on the Planning
Committee along with a number of others from the upper West Hill
neighborhood and believes that they were trying so hard not to
influence the Route 96 decision, that they neglected serious
concerns about Cliff Street. She feels that there will be a chance
to correct this problem as the West Hill Plan is implemented.
Alderperson Blanchard promised Mr. Frantz that the City will
address some of these issues.
Alderperson Romanowski stated that he thinks Mr. Frantz' statements
accurately reflect the sentiment of the Cliff Street residents. He
emphasized that the people on Cliff Street feel like they do not
belong to any part of the community, and that feeling needs to be
addressed.
Alderperson Booth stated that he appreciates the statement of Mr.
Frantz. However, he thinks that the public should understand that
there was no possibility that the State would have built a new
highway to address the Octopus problem. He believes that basically
the City got what the State of New York would have allowed in that
decision.
Alderperson Schroeder stated that the persons who were in favor of
the Plan A solution were concerned about Cliff Street, and did have
some ideas for possible ways of mitigating the impact on Cliff
Street, including the idea of an access to the hospital from Route
K
COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 7:00 P.M. October 2, 1991
PRESENT:
Mayor Nichols
Alderpersons (10) - Booth, Romanowski, Blanchard, Cummings, Golder,
Peterson, Hoffman, Daley, Johnson, Schroeder
OTHERS PRESENT:
Deputy City Clerk - Conley -Boyle
City Attorney - Guttman
,City Controller - Cafferillo
Deputy City Controller - Thayer
Police Chief - McEwen
Fire Chief - Olmstead
Planning and Development Director - VanCort
Personnel Administrator - Saul
Board of Public Works Commissioner - Reeves
N Youth Bureau Director - Cohen
Co City Chamberlain - Parsons
Z Acting Building Commissioner - Eckstrom
Planning and Development Deputy Director - Sieverding
Assistant City Attorney - Kennedy
Acting Superintendent of Public Works - Gray
Historic Preservation /Neighborhood Planner - Chatterton
PLEDGE OF ALLEGIANCE:
Mayor Nichols led all present in the Pledge of Allegiance to the
American flag.
MINUTES•
Approval of Minutes of the September 4, 1991 Common Council Meeting
By Alderperson Peterson: Seconded by Alderperson Booth
"Woe, RESOLVED, That the Minutes of the September 4, 1991 Common Council
meeting be approved with the addition of Alderperson Romanowski's
statement regarding the Municipal Pool at GIAC.
Carried Unanimously
ADDITIONS TO OR DELETIONS FROM THE AGENDA:
Executive Session
Mayor Nichols requested an Executive Session at the end of the
meeting for discussion of the deposition of the Strand Theater.
No Council member objected.
SPECIAL ORDER OF BUSINESS:
Public Hearing to Consider a Zoning Ordinance Amendment Regarding
a Two -Year Limit on Zoning Variances
Resolution to Open Public Hearing_
By Alderperson Hoffman: Seconded by Alderperson Romanowski
RESOLVED, That the Public Hearing to consider a Zoning Ordinance
amendment regarding a two -year limit on zoning variances be
declared open.
Carried Unanimously
Alderperson Hoffman explained the amendment to the Zoning
Ordinance. No one appeared to address the Public Hearing.
Resolution to Close Public Hearing
By Alderperson Booth: Seconded by Alderperson Romanowski
RESOLVED, That the Public Hearing to consider a Zoning Ordinance
amendment regarding a two -year limit on zoning variances be
declared closed.
Carried Unanimously
0
October 2, 1991
State to Pick Up Medicaid - There is a proposal for the State to
absorb the local share of Medicaid as a trade for the State taking
back one percent out of the seven percent sales tax. The impact of
this on Tompkins County could be a real disaster. If the
Governor's proposal goes through without modification and revision,
the projections are that the County could lose as much as three and
one -half million dollars a year.
Solid Waste - The Board has voted to raise the tipping fee for
solid waste disposal from $62.00 per ton in 1991 to $146.00 per ton
for 1992, which is less than the figure voted at a previous
meeting. The Landstrom Landfill will be closed on May 1, 1992 and
trash will be shipped out of the county after that.
Recycling - The County is moving as fast as they can to expand
recycling on a county -wide basis. Recycling is being hampered by
not having the central processing facility on -line. The County is
expecting to introduce as many as 25 new recyclable items over the
next couple of years. Possibly by the end of this year glossy
newspaper inserts, glossy magazines and phone books may be able to
be recycled.
Municipal Clean Up Day - The County will sponsor a final municipal
clean up day in March 1992. People will be able to put out all the
accumulated odd size, large garbage that they may have. There will
be no charge for pick up on that day.
REPORT OF CITY BOARDS COMMISSIONS AND COMMITTEES:
Board of Public Works
Commissioner Reeves reported on the following items to the Council:
stop Sign at Corner of Monroe and Lake Streets - The Board approved
a Stop sign at the corner of Monroe and Lake Streets.
city-owned Park in Northside - In August the Board approved a
resolution in favor of a city -owned park in the Northside area.
Neighborhood and Festival Closings of City Streets - The Board is
reviewing policy for neighborhood groups and festival closure of
City streets, and that matter will be coming back to the Board
shortly.
Increase in Pavilion Fees at Cass and Stewart Parks - The Board
approved an increase in the fees for the use of the pavilions at
Cass and Stewart Parks for 1992.
Traffic Island -State and Mitchell Streets - The Traffic Island will
become a permanent fixture when funds are available.
Stewart Park - No Parking Zone - The Board approved a request by
the Police Department for a no parking zone on the north side of
the road at the west end of Stewart Park between the caretaker's
house and the lagoon.
Compost Facility - The Board passed a resolution, in consultation
with the joint owners of the Ithaca Area Wastewater Treatment
Facility, expressing its intent to use the expanded County compost
facility, provided that it meets its design objectives for cost and
quantity.
Pedestrian Path by Flood Channel - A resolution was presented by
the Bicycle Advisory Council, and passed by the Board, to solicit
the Park Commission's recommendation on possibly widening the path
that is used by walkers, joggers and bicyclists. The resolution
also states that signage be posted to alert the users to the multi-
use of the path.
4
0
3
October 2, 1991
89. He thinks some of the ideas that were brought up should be
seriously considered. He stated that it should be understood that
most of the areas that are proposed to be down -zoned are steep
slope areas which realistically could not
development. sustain intensive
Strand Theater
Alderperson Booth thanked the people who came to speak in favor of
saving the Strand Theater. He referred to a letter that Barbara
Ebert had handed out that was written by Wright Thomas to Andrew
Mazzella of the State Parks Commission. He said that the letter
was totally appropriate, it was simply a citizen writing to a
public official to let his opinions be known. He further stated
that if there is a conspiracy against Save Our Strand
reflected in this letter. , it is not
Alderperson Golder stated that he has been talking to people on
T' both sides of the Strand Theater issue, and he wondered if there is
NQD some way that people from both sides could work together on this
issue.
m
Z Utility Tax
Alderperson Hoffman, for clarification, stated that the resolution
before Council tonight on the proposed utility tax, is merely a
resolution to request the State Legislature to give the City the
authority to raise the percentage of the
already collects. utility tax the City
Purchase of Pro pert in the Watershed Area
Mayor Nichols stated that there is nothing on the agenda this
evening in regard to purchase of property in the Watershed area.
He said no proposals have been made, and negotiations for the
purchase of this land have not been held.
REPORT OF BOARD OF REPRESENTATIVES:
First Ward Representative Eric Lerner spoke to Council on the
following matters:
Item Pricing Law - The Board of Reps will hold a public hearing,
and vote on the Item Pricing Law at their meeting on October 15,
1991.
Revised Version of the Gay and Lesbian Fair Practices Ordinance -
Th.is Ordinance is tentatively scheduled to be back to the Board of
Reps for a vote at the end of November.
County Reapportionment - The County Reapportionment process is
moving forward.
County Budget Process - The County is working on the 1992 budget.
There are substantial cuts from the State totaling approximately
one -half million dollars. In addition to the reduction in State
funding for 1991, the County also lost approximately $250,000 in
interest due to the delay in receiving that funding.
There has been a serious overflow problem at the jail, which has
resulted in boarding Tompkins Count
jails. This additional boarding cost pissa Pe p Y roximately $2by County
more than the County had budgeted for. 00,000
As a result of the recession, there has been a major impact on the
County social service program. As people are running out of
unemployment benefits, they are forced to become dependent on
Social Services. The County is expecting the program to run
approximately one -half million dollars over budget.
3
October 2, 1991
Mayor Nichols stated that he will be presenting a budget to Council
at the October Committee of the Whole meeting. The Council will be
acting on the 1992 budget at the December meeting.
Mayor Nichols further stated that when the Governor made the cuts
in 1991, he said there may be further cuts in 1992. The City will
not know that until April, and we have to be able to reserve every
option that we can to make up for that possible additional loss.
The action that is being proposed tonight, asking the Legislature
for the authority to raise the gross utility tax, assuming that
Council adopts that and assuming that the Legislature incorporates
that, will provide the City with a possible cushion which we may
have to use.
Mayor Nichols referred to the issue of the possible acquisition of
land in the watershed area. He stated that whether or not such a
proposal is made and the money is spent, it will have no effect on
the property tax or the general fund.
Ceremony for the New Joint Transit Facility
Mayor Nichols announced that there will be a ground- breaking
ceremony for the new Joint Transit Facility on October 9th at 12:00
noon at the Pier Road site.
REPORT OF CITY CONTROLLER:
City Controller Cafferillo referred to Rep. Lerner's comments about
the State's proposal to take over the medicaid program. He stated
that it sounds like a County issue but it is very much a City issue
as well. The Conference of Mayors has called a meeting with the
Governor's Office and the State Budget Office on Monday which the
Mayor and he will be attending. One of the main questions is, if
they did take 1 %, where does the 1% come from? Out of the seven
percent sales tax, the City gets 1 1/2 %, the County gets 1 1/2 %;
will the State take 1% of the County share, leaving us our full 1
1/25, or will they take 1% off the top, leaving the County 1 % and
the City 1 %? That 1/2% loss in sales tax to the City could amount
to a $1.8 to $2 million loss to the City.
REPORT OF CITY ATTORNEY:
Strand Theater
City Attorney Guttman, for clarification, stated that two bids were
received for the sale of the City's interest in the Strand Theater
on October 1, 1991. He stated that he received a verbal request
from one of the bidders at the time that the bid was delivered to
be notified as soon as the bids were open as to the content of the
other bids. City Attorney Guttman advised the bidder he would not
do so. He has also received a verbal request from the Ithaca
Journal to disclose the contents of the bids to the press and he
has refused to do so.
City Attorney Guttman referred to an article in today's Ithaca
Journal which stated that the City is acting improperly in not
disclosing the contents of those bids. He stated that he has not
at this time received any official requests pursuant to the Freedom
of Information law. It is his opinion, after reading the
proposals, that the disclosure of the proposals at this time would
impair contract negotiations.
City Attorney Guttman stated that he has spoken with Robert
Freeman, Executive Director of the State of New York Committee on
Open Government, and he confirmed that he had spoken with the press
from Ithaca and based on the information that they had given him,
he recommended that the bid numbers be released publicly. However,
after City Attorney Guttman explained the entire situation to Mr.
Freeman, he said that the information that he received from the
Ithaca Journal was not complete. City Attorney Guttman further
stated that he explained to Mr. Freeman that neither bid proposal
0
N
5
October 2, 1991
x
Conununications between the Board and the Council - The Board
passed a resolution stating that they wish to work with Council to
establish a procedure that would allow the Board to provide input
to Council on areas of concern to them. The Board feels it is
important to amend the lack of communication between Council and
the Board so that both bodies will be better informed and because
t Council actions directly affect the DPW budget.
Watershed Property Resolutions - There were 3 resolutions proposed
at the Board meeting on September 25, 1991 regarding the purchase
A k4woll of land in the watershed area. The first resolution urged Council
to consider other funding for the proposed p purchase of the land and
to restore appropriate water funds to the capital improvement fund
for water facilities; the vote was a 3 -3 tie, the Mayor broke the
tie: and the motion was defeated. The second resolution urged
Council to consult with the Board in considering the purchase of
lands in the watershed area, including a variety of applicable land
and water management techniques and to fully develop a plan
including the acquisition of land for the protection of the
watershed area; the vote was 4 -2 with 1 abstention, and the motion
passed. The third resolution stated that the Board urged Council
Co to purchase two parcels of land in the Six Mile Creek Watershed;
Z the vote was 2 -3 with 1 abstention, and the motion failed.
2 North Tioga Street and Farm Street Intersection - This matter has
come to the Board again for further study. The Board will ask the
Traffic Engineer to conduct traffic counts to determine the number
of cars, peak traffic times, and average speed. The Police
Department will review the data, and accident history and will
render an opinion.
Cleveland Avenue Name Change - The matter of changing the name of
Ir Cleveland Avenue back to Wheat Street will be discussed at the
Committee of the Whole meeting on October 30, 1991 at 5:30 p.m. at
k4ow, the Southside Community Center in order to receive input from
residents.
Green Street Parking Garage Renovations - The Board has received a
low bid of $683,531.00 for the renovation of the Green Street
Parking Garage.
Parking on the 1200 Block of East State Street
Alderperson Johnson asked Commissioner Reeves to have the Board
check into the problem of cars parking on City land on East State
Street where the new culvert was put in last year.
Cleveland Avenue Name Change
Alderperson Cummings noted that one of the problems with changing
a street name is that everyone living there has to change all of
their legal records. She asked the Board to consider the
possibility of having historical signage installed instead of
changing the name.
COMMUNICATIONS FROM THE MAYOR:
1991 and 1992 Budget Cuts
Mayor Nichols reported that the City has made cuts amounting to
$1,600,000.00 in the 1991 general fund budget of $24 million. He
said that the greatest reason for the cuts was the loss of State
per capita aid and the large increase in health insurance costs.
He stated that the City will balance this budget, but it is oin
to leave very little to carry over into next year. The result of
that is, based on the objective estimate of revenues, and the
department requests, there is a gap that the City is now well in
excess of two million dollars. Mayor Nichols stated that the City
is not going to allow an increase in the property tax higher than
the approximate 5% inflation rate, which will result in severe cuts
in service for all departments.
5
0
•
October 2, 1991
* 16.4 Planning Department - Re guest to Approve Joint Transit
FacilitV Capital Project #229 Construction and Operation Contract
By Alderperson Booth: Seconded by Alderperson Blanchard
RESOLVED, That the Mayor is hereby authorized to execute a Joint
Transit Facility Construction and Operation Agreement that is in
all material respects the same as the draft of said agreement dated
September 10, 1991 on behalf of the City and to transfer A
approximately two acres of City land with associated easements to
effect the implementation of said agreement.
Ayes (9) - Booth, Hoffman, Golder, Peterson, Johnson, Daley,
Schroeder, Romanowski, Blanchard
Nay ( 1) - Cummings
Carried
* 16.5 Planning Department - Request to Appropriate Funds for Pogo
Parcel and Northside Park Survey
By Alderperson Booth: Seconded by Alderperson Hoffman
RESOLVED, That an amount not to exceed $1,500 be transferred from
Unrestricted Contingency to Account A8020 -435 Planning Department
Contractual Services, in order to pay for a survey of City owned
property located at 515 First Street in the City ( The Pogo Parcel) ,
in connection with the location of the Northside Park on that site
and the implementation of the MHA Housing Project.
Alderperson Blanchard, for the record, stated that she is voting
against this resolution because she does not support either of the
projects that would be advanced by this survey.
Alderperson Cummings stated that she is voting against the
resolution because she does not support the use of one -third of the
site for a park when there are parks within a block of the area and
she would like to see housing on that site.
A vote on the resolution resulted as follows:
Ayes (6) - Hoffman, Peterson, Schroeder, Golder, Booth,
Johnson
Nays (4) - Cummings, Daley, Romanowski, Blanchard
Carried
* 16.6 Fire Department - Request to Establish Permit Fee Structure
By Alderperson Booth: Seconded by Alderperson Peterson
WHEREAS, the Fire Department has examined their current system for
issuing permits and has recommended that a fee be established to
offset the actual costs of issuing certain permits by Fire
Department Personnel; now, therefore, be it
RESOLVED, That the Fire Department be and is hereby authorized to
establish a fee for the issuance of the following permits:
Blasting
Fireworks
Flammable and Combustible Liquids
Liquid Petroleum Gas - Permanent Installations
Liquid Petroleum Gas - Temporary Installations ,N
Bonfires /open burning
Asphalt kettles
Welding or cutting
at a rate of $28 per hour for each hour of work by a member of the
Fire Department related to the above permits and $42 per hour for
each hour of overtime related thereto by a member of the Fire
Department in the interests of recovering the actual personnel and
administrative costs involved in preparing and processing said
permits, and be it further
October 21 1991
met the terms of the sale and therefore, this will necessarily
result in further negotiations between the City of Ithaca and the
prospective bidders. Based on that information, Mr. Freeman
advised him that it was his opinion that it was completely proper
F for the City to withhold a release of any information at this time.
City Attorney Guttman said that he will state publicly that the
City received two bids; one was from the Save Our Strand Group/
Ithaca Grass Roots Festival Group, the other was from RHP
Properties. Neither bid technically complies with the terms which
the City of Ithaca set forth as bid terms. Neither bid is simply
a dollar figure. Each bid in one or more ways, fails to meet the
terms of the sale and more significantly contains contingencies.
Therefore, in his opinion, it is necessary to attempt to meet with
both bidders to get more information regarding these bids and to
clarify ambiguities. He said he has met today with both of the
bidders and to some extent have been able to flush out more of the
details of the bids and he will report in more detail to Council in
'r executive session.
QD
N Discussion followed on the floor.
m
Z7 BUDGET AND ADMINISTRATION COMMITTEE:
* 16.1 Attorney - Request Funds for Litigation
By Alderperson Booth: Seconded by Alderperson Peterson
RESOLVED, That an amount not to exceed $5,000 shall be transferred
from A1990 Unrestricted Contingency, to Account A1420 -435 City
Attorney Contractual Services in connection with litigation brought
against the City.
Carried Unanimously
* 16.2 Attorney - Request Funds for Litigation
By Alderperson Booth: Seconded by Alderperson Romanowski
RESOLVED, That an amount not to exceed $1,000 shall be transferred
from A1990 Unrestricted Contingency, to Account A1420 -435 City
Attorney Contractual Services, to pay for legal services in
connection with litigation brought against the City and a City
employee.
Carried Unanimously
* 16.3 Police Department - Request to Increase Authorization for
Computer Acquisition Capital Project #211
By Alderperson Booth: Seconded by Alderperson Johnson
WHEREAS, the Police Department has recommended that additional
hardware and software be acquired to continue the Police
Department's gradual upgrade of its existing computer system, and
WHEREAS, the hardware and software acquired will assist in the
implementation of the new Computer Aided Dispatch System and the
new computerized accident management and diagraming system, by
January 1992; now, therefore, be it
RESOLVED, That Capital Project #211 Computer Acquisition be
increased by $20,500., to acquire hardware and software required to
upgrade the Police Department's existing computer system, and be it
further
RESOLVED, That the financing for such acquisition shall be derived
from the issuance of Bond Anticipation Notes to be amortized over
a five ear
y period.
Alderperson Booth explained the request, and discussion followed on
the floor regarding the need for a comprehensive plan for a
computerization study.
A vote on the resolution resulted as follows:
Carried Unanimously
7
10
October 2, 1991
WHEREAS, the City Chamberlain's Office has requested the authority
to shorten the redemption period by use of the notice provisions
under Section 1022(2); now, therefore, be it
RESOLVED, That the City Chamberlain's Office is authorized to
reduce the period for the redemption of real property from thirty -
six (36) months to eighteen (18) months through the service of
appropriate written notices as outlined under New York State Real
Property Tax Law on all City properties on which tax liens are
owed, with the exception of single- family homes and owner - occupied
duplexes.
Carried Unanimously
* 16.10 Finance Department
Department Budget
By Alderperson Booth: Secon
WHEREAS, the City of Ithaca
Grant from the New York
implementation of a records
it
- Clerk - Request to Amend 1991 Finance
ied by Alderperson Johnson
Clerk's Office has received a $39,204
State Education Department for the
management system; now, therefore, be
RESOLVED, That the Finance Department Personnel Roster be amended
as follows:
Add: (1) Records Management Coordinator (Grade 17)
(1) Typist (Grade 4)
and be it further
RESOLVED, That the additional roster positions established as a
result of this funding are temporary positions which are subject to
the continuation of the Grant funding from the New York State
Education Department for the period of the grant, October 1, 1991 -
June 30 1992, and be it further
RESOLVED, That the 1991 Finance Department Budget be amended as
follows:
Increase Revenue Account:
A3989 Home and Community $39,204
Increase Appropriation Accounts:
A1315 -110 Staff [25,425 & 7,113) 32,538
A1315 -425
Office Expense
1,250
A1315 -445 Travel
161
A1315 -435
Contracts
1,867
A9030
Social Security
370
A9010
State Retirement
764
A9040
Workers Compensation
1,386
A9050
Unemployment Insurance
868
Carried Unanimously
* 16.11 Attorney Request Additional Funds for Central Processing
Litigation
By Alderperson Booth: Seconded by Alderperson Cummings
WHEREAS, the City has received the final bill regarding the appeal N,,
of the Central Processing Facility lawsuit decision, and
WHEREAS, the final bill is greater than the original amount
estimated for the appeal process and greater than the payments made
to date by the City; now, therefore, be it
RESOLVED, That $2,256.80 be transferred from Account A1990,
Unrestricted Contingency, to A1420 -435, City Attorney Contractual
Services, to pay the final bill relative to the Central Processing
Facility lawsuit appeal.
10
T
N
m
Z
�4.4_
October 2, 1991
RESOLVED, That the permit fees shall be adjusted annually to
reflect current personnel and administrative costs related to the
preparing and processing of said permits.
Carried Unanimously
* 16.7 Finance Department - Personnel -.Request Authorization to
Implement Civil Service Application Fees
By Alderperson Booth: Seconded by Alderperson Romanowski
RESOLVED, That pursuant to Section 50.5(b) of the New York State
Civil Service Law, the City of Ithaca does hereby authorize the
implementation of a civil service application fee of seven dollars
($7) for all civil service examinations, effective January 1, 1992.
Extensive discussion followed on the floor with Personnel
Administrator Saul answering questions of Council members.
Motion to Table
By Alderperson Golder: Seconded by Alderperson Hoffman
RESOLVED, That the matter of implementing a fee for Civil Service
Applications be tabled.
Ayes (2) - Golder, Hoffman
Nays (8) - Peterson, Romanowski, Cummings, Daley, Blanchard,
Johnson, Schroeder, Booth
Motion Fails
Main Motion
A vote on the Main Motion resulted as follows:
Ayes (3) - Booth, Blanchard, Romanowski
Nays (7) - Peterson, Hoffman, Golder, Schroeder, Johnson,
Cummings, Daley
Motion Fails
* 16.8 Finance Department - Chamberlain - Request for City To
Purchase Liens at 1991 Tax Sale
By Alderperson Booth: Seconded by Alderperson Cummings
RESOLVED, That pursuant to Ithaca City Charter Section 4.6(E) the
City Chamberlain is hereby authorized and directed on behalf of the
City of Ithaca to purchase all lands at the 1991 City Tax Sale,
except for Tax Map No. 69. -1 -8, known as the Strand Theater,
without competitive bidding, for the gross amount due.
Discussion followed on the floor with City Attorney Guttman and
City Chamberlain Parsons answering questions from Council members.
A vote on the resolution resulted as follows:
Carried Unanimously
* 16.9 Finance Department - Chamberlain - Request to Reduce
Redemption Period of Properties at Tax Sale
By Alderperson Booth: Seconded by Alderperson Golder
WHEREAS, the City Chamberlain's office has informed the Budget and
Administration Committee of Common Council that substantial sums of
unpaid City taxes remain outstanding for the entire three -year
redemption period permitted under State Law for occupied
properties, and
WHEREAS, since 1989 the City has been the purchaser of all City tax
liens, thereby incurring a substantial loss of revenue for the
years in which the taxes are owed, and
WHEREAS, Section 1022(2) of the New York State Real Property Tax
Law permits a purchaser of tax liens to reduce the period of
redemption for real property by serving appropriate written notices
as provided in that statute, and
I
12
October 2, 1991
Superintendent of Ithaca School District * *Range not
Maintenance (18 years) (40 hours) available
Salary $28,821
Stock Manager City of Ithaca CSEA ** Range not
(6 years) (40 hours) available
Salary $21,308
Building Maintenance Maintainer CSEA $7.00 - $7.70 /hour
Mechanic (14 years) (40 hours) IHA $11.08 + O.T.
guaranteed
Salary *$23,877
Building Maintenance Maintainer CSEA IHA $10049$7.70 hour
Mechanic (13 years) guaranteed
Salary *$22,574
Maintenance Worker
City of Ithaca
CSEA $6.36 - $7.06 /hour
(10 years)
(40 hours)
IHA $8.22 +O.T.
guaranteed
Salary *$17,693
Maintenance Worker
City of Ithaca
CSEA $6.36 - $7.06 /hour
(6 years)
(40 hours)
IHA $7.68 +O.T.
guaranteed
Salary *$16,519
Maintenance Worker
City of Ithaca
CSEA $6.36- 7.06 /hour
(5 years)
(40 hours)
IHA $7.53 + O.T.
guaranteed
Salary *$16,202
Laborer
City of Ithaca
CSEA $5.99 - $6.69 /hour
(5 years)
(40 hours)
IHA $7.05 + O.T.
guaranteed
Salary *$15,204
Laborer
City of Ithaca
CSEA $5.99 - $6.69 /hour
(1 1/2 yrs.)
(40 hours)
IHA $6.29+ O.T.
guaranteed
Salary *$13,572
Laborer (Summer help)
Laborer (Summer help)
Summer Camp Directors/
Counselors
Recreation Assistant
Seasonal $5.00 /hour
$2,600
Seasonal $5.00 /hour
$2,600
Seasonal $13,650
SECTION 8 /VOUCHER
$6.50 /hour
Section 8 planner II - CSEA $21,906- 27,718
Administrator (14 years) (40 hours) Salary $30,226
Tenant Selector
(3 years)(40 hours)
Account Clerk/
Typist (3 years)
Account Clerk/
(2 years)
Administrative Assis- $15,622 - $19,766
tant - CSEA Salary $18,201
City of Ithaca CSEA $13,226 - $16,735
(40 hours) Salary $14,811
City of Ithaca CSEA $13,226- 16,735
(40 hours) Salary $14,613
12
11
October 2, 1991
Discussion followed on the floor.
A vote on the resolution resulted as follows:
Ayes (4) - Booth, Peterson, Romanowski, Cummings
Nays (5) - Schroeder, Golder, Daley, Blanchard, Johnson
G Abstention (1) - Hoffman
Motion Defeated
* 16.12 Finance Department - Approval of Ithaca Housing Authorit
Salaries Comparability to City Salaries
By Alderperson Booth: Seconded by Alderperson Romanowski
WHEREAS, the Ithaca Housing Authority is mandated by the Department
of Housing and Urban Development, its funding agency, to
demonstrate that the salaries and wages of the employees of said
Housing Authority are comparable with the practices of the local
governing body for all positions of similar responsibility and
required competence, and
T
Q0 WHEREAS, the City of Ithaca authorized a 5$ increase for 1991,
including step increases for qualified employees, and
m
7 WHEREAS, the Ithaca Housing Authority (IHA) has authorized a 5%
G increase for all qualified employees to bring the IHA employees
closer to parity and comparability with City of Ithaca employees,
and
WHEREAS, the IHA has established the following positions,
comparability and salary ranges for its Public Housing Section and
covered by its Operating Budget:
Position
Comparable Position
Salary
Executive Director
(15
Director of Planning &
$43,556 - $64,474
years)
Development /Controller
$49,088 (Oper.)
8,662 (Sec.8)
Salary
$57,750
Assistant Director
( 15 ears
Deputy Director Plann-
$34,601- $51,218
years)
ing Department (35 hours)
Salary
$40,039
Principal Account
Clerk (14
City of Ithaca CSEA
$16,580- 20,979
years)
(40 hours) Salary
$30,428
'
Administrative
Secretary (12
City of Ithaca CSEA
$17,331 - 21,929
years)
(40 hours) Salary
$22,965
Site Manager
(9 years)
Planner III
(40 hours)
$21,906 - 27,718
$13,353 (open )
13 352(Sec8 /Vou)
Salary
$26,705
Tenant Relations
Asst. (1 1/2
Administrative Asst.
$15,622- 19,766
yrs.)
(35 hours) Salary $16,000
Account Clerk
Typist (6
City of Ithaca CSEA
$13,226- 16,735
years)
(35 hours) Salary
$16,475
Sr. Account Clerk
Typist (1 yr.)
City of Ithaca CSEA
(40 hours)
$14,549- 18,409
(Lateral transfer from City of Ithaca
$11,059 (Oper.)
5,955(Sec8)
Salary
$17,014
Director of
Resident Services
Recreation Supervisor
CSEA
$21,732 - $27,498
(7 mos.)
(35 hours) Salary
$19,816
11
14
October 2, 1991
PLANNING AND DEVELOPMENT COMMITTEE:
* 17.1 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 Booth
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.
BE IT ORDAINED AND ENACTED by the Common Council of the City
of Ithaca, New York, as follows:
Expiration of Variances
Section 1. That Section 30.58(B)(4) is hereby amended to read
as follows:
a) "When an area variance is granted by the Board of Appeals
which enables an applicant to do construction which requires a
building permit, or a use variance is granted by the Board of
Appeals and construction which requires a building permit is
necessary for conversion to the use for which the variance is
granted, and the applicant has not obtained a building permit to
construct the building or part thereof for which the variance has
been granted and initiated the construction work within two (2)
years from the date of the granting of the variance, the said
variance shall become void; and
b) when an area variance is granted by the Board of Appeals
which enables an applicant to do construction which requires a
building permit, or a use variance is granted by the Board of
Appeals and construction which requires a building permit is
necessary for conversion to the use for which the variance is
granted and a building permit to construct the building or part
thereof for which the variance has been granted has been obtained,
and the construction has not been substantially completed prior to
the expiration of the building permit, the said variance shall
become void; and
c) when a use variance is granted by the Board of Zoning
Appeals and no construction which requires a building permit is
necessary for conversion to the use for which the variance is
granted and the applicant has not obtained a certificate of
occupancy for the use for which the variance was granted within two
(2) years from the date of the granting of the variance, the
variance shall become void."
Section 2. Effective Date.
This ordinance shall take effect immediately and in accordance
with law upon publication and notice as provided in Section 3.11(B)
of the Ithaca City Charter. (Publication date October 10, 1991)
Carried (9 -0)
* 17.2 An Ordinance Amending Section 26.24(K) Entitled `Expiration
of Permits' of Chapter 26 Entitled `Building Code Enforcement'_ of
the City of Ithaca Municipal Code
By Alderperson Hoffman: Seconded by Alderperson Peterson
WHEREAS, Common Council of the City of Ithaca has passed an
Ordinance amending Section 30.58 of the Zoning Ordinance providing,
among other things, that certain area and use variances shall
become void if a building permit has been obtained and construction
related to the variance has not been substantially completed prior
to the expiration of the building permit, and
14
Irn
13
October 2, 1991
Section 8 Assistant *See Site Manager $21,906 - $27,718
(Pro -rated Salary) Planner II
$13,353(sec.8 /vou.)
(40 hours) 13,352 (oper.)
Salary $26,705
now, therefore, be it
RESOLVED, That pursuant to its responsibilities under Section 3,
Article 32(1) of the New York State Housing Law the Common Council
agrees that the salaries and wages of the employees of the IHA are
comparable to those paid by the City for all positions of similar
responsibility and required competence.
Carried Unanimously
* Per U.A.W. Union Contract
** No range available from City of Ithaca Civil Service Office
Alderperson Daley left the meeting at 9:20 p.m.
T
Q0 * 16.13 Finance Department - Controller - Request Appropriate
N Legislation to Authorize the City to Impose Additional Taxes on
Utilities
Z By Alderperson Booth: Seconded by Alderperson Hoffman
RESOLVED, That Common Council hereby respectfully requests
Assemblyman Martin Luster and Senator James Seward to develop and
strongly support appropriate legislation to amend Section 20 -b of
the General City Law to include the City of Ithaca among the cities
which have the authority to levy a tax on the furnishing of utility
services in an amount that does not exceed three percentum of gross
income or gross operating income, and be it further
RESOLVED, That the Mayor and the City Attorney are hereby
authorized to take all appropriate steps to facilitate the adoption
of such legislation including, but not limited to, the submitting
of a home rule request to the State Legislature.
Alderperson Booth explained the resolution and discussion followed
on the floor.
City Controller Cafferillo explained that the City already collects
1 percent local tax on the gross receipts collected by utilities
for services received and paid for within the City. This
resolution would increase the percentage the City would collect
from 1% to 3%. He further stated that the State Legislature was
prepared to enact this legislation for all cities last year, but
did not because some cities have a sizeable carry -over figure.
City Controller Cafferillo emphasized the need for this authority
should the state aid cuts be even more severe next year.
A vote on the resolution resulted as follows:
Ayes (7) - Booth, Johnson, Golder, Cummings, Peterson,
Hoffman, Schroeder
Nay (1) - Blanchard
Abstention (1) - Romanowski (conflict of interest)
Absent (1) - Daley
Carried
* 16.14 Audit
By Alderperson Booth: Seconded by Alderperson Romanowski
RESOLVED, That the bills presented, as listed on Audit Abstract
18/1991 in the total amount of $20,107.51 be approved for payment.
Carried (9 -0)
Recess
Common Council recessed at 9:30 p.m. and reconvened at 9:45 p.m.
13
16
October 2, 1991
portion of the right -of -way is to be located on said line, now,
therefore be it
RESOLVED, In order to clarify the resolution passed on August 7,
1991, be it
RESOLVED, That the western boundary of the right -of -way over which
this street shall run is to be located approximately 20 feet west
of the eastern boundary of the option as shown on the map dated
August 7, 1991, which map is attached to minutes of the August 7,
1991 Common Council meeting. Carried (9 -0)
* 17.4 Common Council Acceptance and Approval of West Hill.Master
Plan
By Alderperson Hoffman: Seconded by Alderperson Schroeder
WHEREAS, A Master Plan for the West Hill area of the City has been
prepared under the direction of the Planning and Development Board
with the participation of City government, and
Association and
appropriate departments
WHEREAS, this plan includes modifications to the planning concepts
for the West Hill area as outlined in previous City planning
documents including the 1954 and 1970 General Plans, and
WHEREAS, the West Hill Master Plan has been the subject of numerous
public meetings and discussions tenetso thePlan resulting in a community -wide
consensus on th e basic
WHEREAS, the appropriate environmental reviews of the Plan have
been completed and have resulted in a finding of No Significant
Impact, and
WHEREAS, the Planning and Development Board has, by its action on
July 30, 1991 approved and adopted the West Hill Master Plan as an
amendment to the 1970 General Plan, replacing in full those
portions of the 1970 ter Plant pertain therefore, to study it area as defined
in the West Hill Ma
RESOLVED, That the West Hill Master Plan, as approved and adopted
by the Planning and Development Board is hereby accepted and
approved by the Common Council as the general guide for the future
development of the West Hs ill
Comprehensive portion o the city and shall be
deemed a part o Y
Extensive discussion followed on the floor.
Motion to Refer to Committee
By Alderperson Booth: Seconded by Alderperson Blanchard
RESOLVED, That the matter of the West Hill Master Plan be referred
to the Planning and Development Board to solicit public opinion and
to study the lower West Hill area. Carried Unanimously (9 -0)
* 17.5 Designation of Lead Agency Status for Environmental Review
of the City Court Facility
By Alderperson Hoffman: Seconded by Alderperson Peterson
WHEREAS, State Law and Section 36.6 of the City Code requires that
lished for conducting environmental reviews
a lead agency be estab
local and state environmental law,
of projects in accordance with
and
WHEREAS, State Law specifies that for actions governed by local
environmental review, the lead agency shall be that local agency
which has primary responsibility for approving and funding or
carrying out the action, and
Itol
15
October 2, 1991
WHEREAS, Council wishes to avoid a situation in which building
permits will expire resulting in a variance becoming void without
the holder of the permit being aware that the permit is expiring;
now, therefore, be it
RESOLVED that Section 26.24(x) of the City of Ithaca Municipal Code
is hereby amended to read as follows:
<' ORDINANCE NO. 91 _
F;
An Ordinance Amending Section 26.24(K) Entitled "Expiration of
Permits" of Chapter 26 Entitled `Building Code Enforcement, of the
City of Ithaca Municipal Code.
BE IT ORDAINED AND ENACTED by the Common Council of the City
of Ithaca, New York as follows:
Expiration of Permits
T
Section 1. That Section 26.24(x) is hereby amended to read as
N follows:
m
All building permits shall remain in effect for a period of
two years. Permits shall be renewable upon application to the
Building Commissioner and upon payment of the renewal fee. At
least forty -five (45) days before the expiration of the building
permit granted under this chapter, the Building Commissioner shall
send a notice of expiration by ordinary and certified mail to the
person holding such permit. Upon the failure of the Building
Commissioner to send such notice of expiration by ordinary and
certified mail to the person holding such permit, such permit shall
continue and shall not expire until forty -five (45) days after the
sending of such notice of expiration.
If after a permit has been issued, operations authorized
thereunder have not commenced within six (6) months, or if
authorized work has been started but discontinued for a period of
twelve (12) months, such permit shall become void and the building
or structure may be declared abandoned. At least thirty (30) days
prior to completion of the six -month period described above, the
Building Commissioner shall send a notice by ordinary and certified
mail to the person holding such permit indicating that the six -
month period is about to expire. Upon the failure of the Building
Commissioner to send such notice of expiration by ordinary and
certified mail to the person holding such permit, such permit shall
continue and shall not expire until thirty (30) days after the
sending of such notice of expiration.
Section 2. Effective Date.
This Ordinance shall take effect immediately and in accordance
with law upon publication and notice as provided in Section 3.11
(B) of the Ithaca City Charter. (Publication date October 10, 1991)
Carried (9 -0)
* 17.3 Location of New Street Between Proposed Mutual Housing Site
and Proposed Northside Park
wool,, Alderperson Hoffman: Seconded by Alderperson Peterson
WHEREAS, by resolution adopted August 7, 1991, this Council
attempted to locate the right -of -way for the street to run along
the eastern boundary of the parcel for which the City has
negotiated an option agreement with the Tompkins County Mutual
Housing Association to purchase, and
WHEREAS, the resolution adopted on August 7, 1991 states that the
right -of -way is to be located approximately 20 feet west of the
eastern boundary of the option parcel but does not specify which
15
�s]
October 2, 1991
RESOLVED, That the Common Council:
1. directs the City Attorney to prepare and. circulate a
first draft amendment for this proposed change, and
2. directs the Director of Planning and Development to
prepare an Environmental Assessment for this change, said
documents to be distributed to those Committees, Boards,
and Department Heads listed under "Expedited Zoning
Ordinance Amendment" adopted by Common Council on October
3, 1990, and be it further
RESOLVED, That Section 30.25 of the City of Ithaca Municipal Code
is hereby amended to read as follows:
ORDINANCE NO. 91 -
An Ordinance Amending Section 30.25 Entitled `District
Regulations', Column 2, Entitled `Permitted Primary Uses' of
Chapter 30 Entitled Zoning' of the City of Ithaca Municipal Code.
BE IT ORDAINED AND ENACTED by the Common Council of the City
of Ithaca, New York as follows:
Section 1. That Section 30.25, Column 2, Permitted Primary
Uses, is hereby amended to include the following:
3. All municipal public buildings, facilities and
functions.
Section 2. Effective Date.
This Ordinance shall take effect immediately and in accordance
with law upon publication and notice as provided in Section 3.11(B)
of the Ithaca City Charter.
A vote on the resolution to call for a public hearing resulted as
follows:
Ayes (8) - Booth, Johnson, Romanowski, Blanchard, Peterson,
Golder, Schroeder, Hoffman
Nay ( 1) - Cummings
Carried (8 -1)
HUMAN SERVICES COMMITTEE:
Review of Human Services Funding Recommendations - Report
Alderperson Johnson reported that the Human Services Committee made
a recommendation to the Mayor that Human Service funding total
$147,738. for 1992.
Community Services Recommendations - Report
Alderperson Johnson reported that Community Services funding
recommendations for 1992 is $82,799.
INTERGOVERNMENTAL RELATIONS COMMITTEE:
* 19 1 Amendment to Proposed Contract with Mutual Housinq
Association
By Alderperson Booth: Seconded by Alderperson Schroeder
WHEREAS, at its regular meeting on July 3, 1991, Common Council
passed a resolution authorizing the Mayor of the City of Ithaca to
enter into a contract with the Mutual Housing Association of
Tompkins County, and
WHEREAS, the contract which the Mayor is authorized to enter into
specifically provided that the purchase price of the property would
be the sum of $90,000 which would be paid by the Mutual Housing
Association executing and delivering to the City a purchase money
bond and mortgage in the amount of $90,000 which bond and mortgage
im
17
October 2, 1991
WHEREAS, the proposed construction of a new City Court Facility
requires review under the City's Environmental Quality Review
Ordinance; now, therefore, be it
RESOLVED, That the Common Council does hereby declare itself lead
agency for the environmental review of the proposed construction of
the City Court Facility.
Carried Unanimously (9 -0)
* 17.6 An Ordinance Amending Section 30.25 Entitled 'District
Re ulations Column 2 Entitled 'Permitted Primary Uses' of Chapter
30 Entitled 'Zoning' of the City of Ithaca Municipal Code -
for Public Hearing Call
By Alderperson Hoffman: Seconded by Alderperson Johnson
RESOLVED, That the City Clerk give notice of such public hearing by
the publication of a notice in the official newspaper, specifying
the time when and the place where such public hearing will be held,
and in general terms describing the proposed ordinance. Such
notice shall be published once at least fifteen (15) days prior to
the public hearing; and be it further
RESOLVED, That the City Clerk shall transmit forthwith to the Board
of Planning and Development and the Tompkins County Planning Board
a true and exact copy of the proposed ordinance
thereon. for its report
Resolution
WHEREAS, the permitted primary uses currently listed in the City's
Zoning Ordinance for the P -1 zone appear to be limited to public
recreation and public and semi - public educational uses only, and
WHEREAS, City land use decisions regarding the siting of municipal
buildings have long occurred in areas of the City zoned P -1 on the
assumption that these were allowable uses because when this
provision of the Ordinance was written municipalities were exempt
from their own zoning ordinances for governmental uses, and
WHEREAS, these uses of the P -1 zone are consistent with the City's
general long term land use policy as reflected in numerous
decisions made by Common Council, the Planning and Development
Board and Board of Public Works over past years; now, therefore, be
it
RESOLVED, That recognizing this pattern of land use decisions, the
permitted uses allowed in the P -1 zone be clarified to include all
municipal public buildings, facilities, and functions, and be it
further
17
RESOLUTION OF COMMON COUNCIL
INTRODUCING
PROPOSED CHANGES TO THE ZONING
ORDINANCE AND
(0
PROVIDING FOR PUBLIC NOTICE AND
PUBLIC HEARING
N
Co
RESOLVED, That Ordinance Number 91-
Amending Section 30.25 Entitled 'District
entitled "An Ordinance
Z
Regulations' of Chapter
30 Entitled 'Zoning' of the City of Ithaca Municipal Code"
is hereby introduced before the Common
Ithaca, New York; be
be and
Council of the City of
and it further
RESOLVED, That the Common Council shall hold a public hearing in
the matter of the adoption of the
aforesaid
the Common Council Chambers, City Hall,
ordinance to be held at
108 East
Ithaca, New York, on Wednesday, November 6,
Green Street,
1991, at 7:00
be it further
p.m.; and
RESOLVED, That the City Clerk give notice of such public hearing by
the publication of a notice in the official newspaper, specifying
the time when and the place where such public hearing will be held,
and in general terms describing the proposed ordinance. Such
notice shall be published once at least fifteen (15) days prior to
the public hearing; and be it further
RESOLVED, That the City Clerk shall transmit forthwith to the Board
of Planning and Development and the Tompkins County Planning Board
a true and exact copy of the proposed ordinance
thereon. for its report
Resolution
WHEREAS, the permitted primary uses currently listed in the City's
Zoning Ordinance for the P -1 zone appear to be limited to public
recreation and public and semi - public educational uses only, and
WHEREAS, City land use decisions regarding the siting of municipal
buildings have long occurred in areas of the City zoned P -1 on the
assumption that these were allowable uses because when this
provision of the Ordinance was written municipalities were exempt
from their own zoning ordinances for governmental uses, and
WHEREAS, these uses of the P -1 zone are consistent with the City's
general long term land use policy as reflected in numerous
decisions made by Common Council, the Planning and Development
Board and Board of Public Works over past years; now, therefore, be
it
RESOLVED, That recognizing this pattern of land use decisions, the
permitted uses allowed in the P -1 zone be clarified to include all
municipal public buildings, facilities, and functions, and be it
further
17
October 2, 1991
Amending Resolution
By Alderperson Booth: Seconded by Alderperson Hoffman
RESOLVED, That in the final Resolved clause, the following words,
"in construction loans or other permanent mortgage financing" be
added at the end of the paragraph.
Carried Unanimously (9 -0)
Main Motion as Amended
A vote on the Main Motion as Amended resulted as follows:
Ayes (8) - Booth, Hoffman, Peterson, Johnson, Golder,
Cummings, Schroeder, Romanowski
Nay (1) - Blanchard
Carried (8 -1)
REPORT OF SPECIAL COMMITTEES AND COUNCIL LIAISONS:
Shade Tree.Advisory Committee
Alderperson Golder reported that the Shade Tree Advisory Committee
has received grants of approximately $15,000 for redesigning the
street edge along the Old Elmira Road. Nina Bassuk will be using
her Fall class to re- design that area, and she is also working
with Acting Superintendent of Public Works Gray.
Disability Advisory Council
Alderperson Golder reported that there was a ribbon cutting
ceremony for the automatic doors that have been installed in City
Hall for handicapped persons.
Alderperson Golder also reported that two items the DAC is working
on is snow and ice removal procedures from curb cuts and sidewalks,
and how to enforce handicapped parking.
Executive Session
By Alderperson Booth: Seconded by Alderperson Schroeder
RESOLVED, That Common Council adjourn into Executive Session for
discussion purposes only regarding the disposition of the Strand
Theater at 10:35 p.m.
Regular Session and Adjournment
Common Council reconvened in Regular Session
meeting at 11:45 p.m. and adjourned the
Julie Conley Bo le
Deputy City Clerk Benjamin Nichols
Mayor
20
19
ir— WHEREAS, the City has been informed that the funds which are being
(0 loaned from the Federal Home Loan Bank of New York, currently
N
estimated in the amount of $207,830, are to be considered repaid
over a ten -year period. The Mutual Housing Association of Tompkins
County shall be required to submit periodic interim reports showing
Z how the funds are being used and particularly confirming that the
funds are being used for affordable housing purposes. If these
funds are used for the ten -year period for approved purposes, the
obligation to repay these funds shall be forgiven; now, therefore,
be it
RESOLVED, That paragraph 3 of the contract which the Mayor is
authorized to enter into with the Mutual Housing Association of
Tompkins County, Inc. is hereby modified to provide that the amount
of financing which the $90,000 City of Ithaca mortgage will be
subordinate to, is a sum not to exceed $425,000.
City Attorney Guttman explained that the two figures that MHA
currently has, prior to the City mortgage, add up to approximately
$375,000. The reason the resolution has been drafted for an
amount not to exceed $425,000 is that the current funding MHA has
is not the exact number that their current building construction
estimates are equal to.
City Attorney Guttman explained how MHA could close the gap in the
figures.
Mayor Nichols asked City Attorney Guttman to explain what the
City's position will be in this process.
City Attorney Guttman explained that under the terms of the
original proposal the City would be subordinate for $220,000. If
this resolution is passed, the City will sell the land to MHA and
instead of receiving cash as a purchase price, the City will take
back a mortgage. At the time the City sells the land, that
mortgage will be a first mortgage lien on the property, it will not
be subordinate to anything. It will become subordinate if
construction financing goes into place. Citizens Savings Bank has
required as part their mortgage commitment that the grant funds,
which would include the Community Development Block Grant Funds, be
used prior to the time that any mortgage money is used. The grant
money would be put into the project before any mortgages would be
placed on the property other than the City mortgage. When those
funds are used, and construction is progressing the bank will lend
the additional money, and the City's mortgage will be subordinated.
19
October 2, 1991
0.
could be subordinated to a construction loan or other permanent
financing mortgage for the development
of the seven duplexes on the
site, the construction loan or other permanent mortgage not to
exceed the sum of $220,000, and
-'
WHEREAS, the City has been informed that the Mutual Housing
Association of Tompkins County, Inc. has
pursued obtaining the
necessary financing for the entire project and has
obtained a
mortgage commitment from Citizens Savings Bank wherein Citizens
Savings Bank has
agreed to lend on a first - mortgage basis the sum
of $166,000 to the Mutual Housing Association
of Tompkins County,
Inc., and that the Federal Home Loan Bank of New York has
agreed to
advance via Citizens Savings Bank the sum of $207,830 as a direct
subsidy, which funds
would be secured by a second mortgage on the
property if the $90,000 mortgage to be held by the City
of Ithaca
is placed in a third position subordinate to the $166,000 mortgage
and the $207,830
mortgage, and
ir— WHEREAS, the City has been informed that the funds which are being
(0 loaned from the Federal Home Loan Bank of New York, currently
N
estimated in the amount of $207,830, are to be considered repaid
over a ten -year period. The Mutual Housing Association of Tompkins
County shall be required to submit periodic interim reports showing
Z how the funds are being used and particularly confirming that the
funds are being used for affordable housing purposes. If these
funds are used for the ten -year period for approved purposes, the
obligation to repay these funds shall be forgiven; now, therefore,
be it
RESOLVED, That paragraph 3 of the contract which the Mayor is
authorized to enter into with the Mutual Housing Association of
Tompkins County, Inc. is hereby modified to provide that the amount
of financing which the $90,000 City of Ithaca mortgage will be
subordinate to, is a sum not to exceed $425,000.
City Attorney Guttman explained that the two figures that MHA
currently has, prior to the City mortgage, add up to approximately
$375,000. The reason the resolution has been drafted for an
amount not to exceed $425,000 is that the current funding MHA has
is not the exact number that their current building construction
estimates are equal to.
City Attorney Guttman explained how MHA could close the gap in the
figures.
Mayor Nichols asked City Attorney Guttman to explain what the
City's position will be in this process.
City Attorney Guttman explained that under the terms of the
original proposal the City would be subordinate for $220,000. If
this resolution is passed, the City will sell the land to MHA and
instead of receiving cash as a purchase price, the City will take
back a mortgage. At the time the City sells the land, that
mortgage will be a first mortgage lien on the property, it will not
be subordinate to anything. It will become subordinate if
construction financing goes into place. Citizens Savings Bank has
required as part their mortgage commitment that the grant funds,
which would include the Community Development Block Grant Funds, be
used prior to the time that any mortgage money is used. The grant
money would be put into the project before any mortgages would be
placed on the property other than the City mortgage. When those
funds are used, and construction is progressing the bank will lend
the additional money, and the City's mortgage will be subordinated.
19