HomeMy WebLinkAboutMN-CC-1991-12-0439
COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 7:00 P.M. December 4, 1991
PRESENT:
Mayor Nichols
Council Members (10) - Booth, Daley, Johnson, Cummings, Peterson,
Blanchard, Romanowski, Hoffman, Schroeder,
Golder
OTHERS PRESENT:
City Clerk - Paolangeli
City Controller - Cafferillo
City Attorney - Guttman
Deputy City Controller - Thayer
Planning and Development Director - VanCort
r Planning and Development Deputy Director - Sieverding
Building Commissioner - Eckstrom
N Personnel Administrator - Saul
Acting Superintendent of Public Works - Gray
m Board of Public Works Commissioner - Reeves
Police Chief - McEwen
Site Plan Review Officer - Radke
Deputy Building Commissioner - Dieterich
Youth Bureau Director - Cohen
Fire Chief - Olmstead
Deputy Fire Chief - Wilbur
Volunteer Coordinator - Lynch
Deputy Fire Chief - Dorman
PLEDGE OF ALLEGIANCE:
Mayor Nichols led all present in the Pledge of Allegiance to the
American flag.
MINUTES•
Approval of Minutes of the November 6, 1991 Common Council Meetinq
By Council Member Blanchard: Seconded by Council Member Romanowski
RESOLVED, That the Minutes of the November 6, 1991 Common Council
meeting be approved with the additions as noted by Council Members
Hoffman and Booth.
Carried Unanimously
ADDITIONS TO OR DELETIONS FROM THE AGENDA:
Budget and Administration Committee
Council Member Booth requested the addition of Item 15.12, 1992
Budget Directions.
No Council Member objected.
New Business
Mayor Nichols requested the addition of an item dealing with a
recommendation from the IURA regarding the disposition process for
the Annex.
No Council Member objected.
SPECIAL ORDER OF BUSINESS:
Public Hearing to Consider an Ordinance Amending Section 30.22
Entitled `Zoning Map' of Chapter 30 Entitled `Zoning' of the City
of Ithaca Municipal Code
Resolution to Open Public Hearing
By Council Member Daley: Seconded by Council Member Hoffman
RESOLVED, That the Public Hearing to consider an Ordinance amending
Section 30.22 entitled `Zoning Map' of Chapter 30 entitled `Zoning'
of the City of Ithaca Municipal Code be declared open.
Carried Unanimously
1
I
December 4, 1991
Council Member Hoffman explained the amendment to the Ordinance.
No one appeared to address the Council.
Resolution to Close Public Hearing
By Council Member Daley: Seconded by Council Member Hoffman
RESOLVED, That the Public Hearing to consider an Ordinance amending
Section 30.22 entitled `Zoning Map' of Chapter 30 entitled `Zoning'
of the City of Ithaca Municipal Code be declared closed.
Carried Unanimously
MAYOR'S APPOINTMENTS:
Ithaca Landmarks Preservation Commission
Mayor Nichols requested Council approval for the appointment of
Mary Tomlan, 200 Delaware Avenue for a term to expire December 31,
1993; and Kenneth Jupiter, 202 1/2 East Tompkins Street for a term
to expire December 31, 1992.
Resolution
By Council Member Johnson:
RESOLVED, That this Council
and Kenneth Jupiter to
Commission, the terms bein(
Seconded by Council Member Cummings
approves the appointment of Mary Tomlin
the Ithaca Landmarks Preservation
j 2 years and 1 year, respectively.
Carried Unanimously
Ithaca Housing Authority
Mayor Nichols announced that he has appointed Paul Bennett, 413
Hook Place, to the Ithaca Housing Authority with a five -year term
ending October 17, 1996.
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
Strand Theater
Ms. Lavinia Reid, 279 Floral Avenue, gave Council an update on the
progress made by the Fingerlakes GrassRoots Festival and Save Our
Strand groups. She stated that they would appreciate a reasonable
time -frame from the City to do the feasibility study, to show proof
of their limited partners, and adequate donations of money,
materials and labor, the final draft of budgets for the
rehabilitation period and first and second operating years.
Ithaca Festival
Mr. Ted Crane, 605 West King Road, representing the Ithaca Festival
Board of Directors, urged Council to earmark funding for events
related to the Ithaca Festival and to make sure that that item is
included in the 1992 City Budget.
Mr. Guy Gerard and Mr. Abdul Shiek also spoke to Council in support
of the Ithaca Festival.
Postering
Mr. Paul Sayvetz, 201 Elm Street, urged Council to strongly support
freedom of speech when this resolution is voted on tonight.
REPORT OF BOARD OF REPRESENTATIVES:
Mr. Eric Lerner, 1st District Representative of the City of Ithaca,
reported on the following matters:
Local Law C - The Board passed the gay and lesbian fair practices
law for Tompkins County by a vote of 9 - 6 on December 2.
Tompkins County Budget - The 1992 Budget was passed last night by
an 8 - 7 margin. There will be a 14.9% increase in property tax.
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December 4, 1991
Sales Tax - There was a lot of discussion about a 1 cent on a
dollar increase in the sales tax which would require State
Legislature approval. At this point the Board has taken no action
on the sales tax and has passed a 1992 budget which is not based on
expectation of sales tax revenue in 1992. There will be an ad hoc
committee set up with the City and Towns to further research what
the impacts are of sales tax versus property tax and to pursue
discussions with the City and the Towns and Villages about what
kind of distribution of sales tax would be equitable.
(400" Solid Waste - There are further delays on the development of the
DR7 Landfill in Dryden. He explained what the problems are and
stated that this could add 9 to 12 months to the process.
Central Processing Facility - The County is in the very final
stages of preparing the RFP's for the construction of the Central
Processing Facility.
T REPORT OF CITY BOARDS, COMMISSIONS, AND COMMITTEES:
Board of Public Works
(V Commissioner Reeves reported on the following items:
m Trash Tags - The Board of Public Works has set trash tag fees for
Z 1992. A sheet of 12 tags for a 35# bag will sell for $36.; a
sheet of 12 tags for a 20# bag will sell for $22. A press release
will be forthcoming from the City Chamberlain.
New Water and Sewer Rates - As of January 1992, water rates will be
$1.21 per 100 cubic feet; sewer rates will be $1.40 per 100 cubic
feet.
COMMUNICATIONS FROM THE MAYOR:
Public Hearing on Route 96
Mayor Nichols reported that the NYS DoT informed him today that
there will be a public hearing on the Route 96 /Octopus issue on
January 28th at the Ithaca High School.
1992 Budget
Mayor Nichols thanked the Council and Department Heads,
particularly the City Controller for all of the hard work that went
into the budget for 1992.
REPORT OF CITY CONTROLLER:
1992 City Budget
City Controller Cafferillo requested that the following be made a
part of the record:
1992 BUDGET MESSAGE
Mayor Nichols
Controller Cafferillo
We are presenting a balanced budget of $22,820,436 in the
General Fund and $7,607,402 in the Water and Sewer Fund, including
Joint Activity and Solid Waste Funds. The budget presumes an
increase of 4.9 percent in the real property tax rate which is an
increase of 36 cents per thousand dollars of assessed value. the
required increase in water and sewer rates are 5 cents and 15 cents
(6WO-1 respectively per hundred cubic feet.
In 1991 we have been faced with financial problems more severe
than any in our memory. The significant cuts in a heretofore
guaranteed state aid revenue stream has forced us to redefine
drastically our spending practices. As a result of loss of aid six
months after the adoption of our 1991 budget as well as the effects
of the national recession, the City's financial position has been
put under great stress.
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42
December 4, 1991
The establishment and operation of the Vacancy Review
Committee coupled with mid -year reallocations have averted a
deficit but has given us no general fund balance to carry over to
1992. We must now continue to systematically cut operating
expenses and increase revenue sources in order to prove to rating
agencies, investment underwriters and banking institutions that we
will offset the adverse effects of the loss of state aid.
When we began the process of preparing a realistic budget for
1992 we were faced with a huge shortfall. Although the 1992
departmental requests had already been adjusted to a zero percent
increase over the 1991 amended budget in response to the Mayor's
request, when we included required increases for debt service, the
sky- rocketing cost of health insurance, and the unexpected very
large projected increase in the cost of Police and Fire retirement,
we were faced with a 5.8% increase in spending. When revenues were
initially adjusted to reflect existing conditions, and after
covering the significant shortfall projected for 1991, which left
us with no available fund balance to appropriate, we were
confronted with a net budget gap to $2,942,842. Even with that
austerity level budget, a 46% increase in the property tax rate to
$10.62, would have been required to close the gap. Since
Departments were requested to include 1992 contracted salary
increases averaging 5.5% in their zero percent budget estimates,
this initial budget gap was not the result of an inflated wish list
presentation.
LAYOFFS
Although the financial pressures continue to increase, we are
still attempting to reduce spending without resorting to the
widespread layoffs that we have seen in other municipalities. It
is our feeling that layoffs tend to be counter productive. Besides
the fact that currently we must pay unemployment benefits of fifty
percent (50 %) of weekly salary (up to a maximum of three hundred
dollars ($300) ) for a period of twenty -six (26) weeks, with the
possibility that the period may be extended (legislation currently
under negotiation in Washington), the adverse affects on employee
morale would be felt throughout City government. Additionally, the
requirement of bumping by seniority could also have a negative
impact on City Departments; an individual trained to perform a
specific function could be bumped by a more senior employee in the
same title. In certain Departments, the time required to retrain
personnel could have a negative affect on productivity. In order
to continue to avoid a significant number of layoffs in 1992 and
thereafter, we must establish a comprehensive plan of action. We
recommend that the following procedures be implemented:
A. The Vacancy Review Committee should continue to operate
throughout the 1992 year. Each open position should be thoroughly
examined and prioritized, with only emergency level positions being
approved. Additionally, as a contingency plan, pending a clear
indication from the Governor and State Legislature as to further
potential cuts in state aid, funded but unfilled positions should
be left open as a means of offsetting additional post budget
adoption revenue shortfalls.
B. Since approximately seventy percent (70 %) of our General
Fund Budget is applied toward personnel salaries and benefits, long
term decreases in spending levels must be formulated around
reductions in staffing levels citywide. In the interest of
reducing staff through attrition, combined with systematic
retraining and redeployment to positions with a higher priority
purpose, we must buy the required time to effect this end. We
project that unless there is a complete reversal in state aid
policies as many as sixty (60) positions with an equivalent value
of thirty thousand dollars ($30,000) each, will have to be
eliminated citywide by the end of the next two years.
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43
December 4, 1991
C. Each City Department must review its programs in detail
in order to:
1. Prioritize programming functions so as to provide a
second contingency mechanism to be used to reduce
spending by adjusting or eliminating programs if
operating revenues are further diminished.
2. Establish a plan for redeployment of existing staff
through cross training, combining related work
(400,11 functions, sharing positions between the various
operating funds of the City (re: General, Water,
Sewer, Joint Activity and Solid Waste) so as to
avoid duplication of effort and maximize
productivity.
3. Review all fee based programming, to insure that
where practicable, the full reimbursable cost of
T providing services is recovered through properly
established charges. The days of subsidizing
N programs from state aid and real property tax
revenues is over. This procedure should
m distinguish between services to City residents and
Z non -City residents with higher levels of charges to
non -City residents, groups and organizations, other
municipal governments, etc.
4. Work closely with individual employees, employee
bargaining units, City committees and commissions,
and available cost effective advisory sources, in
the interest of improving operating procedures,
increasing productivity, improving scheduling
procedures, limiting and /or eliminating all non-
emergency overtime.
D. Continue to explore various methods of providing
retirement incentives to qualified employees in all areas of City
government. If we are able to legally provide enhancement which
would permit mutually advantageous accelerated retirements, we can
avoid layoffs.
CAPITAL PROJECTS
Early this year we asked all City Departments to limit 1992
capital project requests to emergency projects only. As a result
of that request, no projects have yet been approved for 1992
construction, acquisition or implementation. As a result we will
be able to finance City work force projects, add equipment
purchases, while staying well within our average annual debt
service growth level. By capitalizing these projects we will be
able to utilize existing employees and to maximize their
productivity by buying those equipment items that might otherwise
have to be cut.
We are proposing the establishment of several capital projects
totalling $1,2000,000. Some of these capitalized items have been
heretofore budgeted and funded as normal operating expenditures.
This procedure will allow the continued necessary reconstruction of
our infrastructure. Comparing that sum with previous years:
YEAR AUTHORIZED CAPITAL PROGRAMMING
1985 5,764,850
1986 1,908,750
1987 645,405
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December 4, 1991
1988 4,490,117
1989 6,100,000
1990 2,605,000
1991 4,767,696
26,281,818
Our average annual capital program between 1987 and 1991 has
been $3,754,545. The proposed capital program for 1992 is
$1,200,000. The major difference in 1992 is that instead of
contracting the street construction work to a private contractor,
we are utilizing our own Engineering and Construction staff, and
equipment, to perform the work.
STATE AID
New York State revenue was heretofore a solid revenue item
that could automatically be included into a budget projection. In
1981 the basic state aid per capita amount paid to the City was
capped at $1,568,861. In 1982 special City aid was enacted; in
1986 the excess aid component, and also in 1986 needs -based aid,
were added, increasing our total allocation to $2,425,338. At that
point in 1986, state aid represented 16% of our operating revenues.
Total state aid remained constant through 1989. In 1990 the
cutbacks began; $161,555 was deducted from our payment,
representing a one percent (1 %) aid reduction of $24,253 and a so-
called retirement system savings of $137,302. After these
deductions, state aid represented 10.4% of our operating revenues.
During the 1991 year, even after the Governor's office had
predicted in November 1990 that an additional ten percent (10 %) cut
would be included in the 1991 -92 state budget, our final net total
loss in aid was $944,188. This represents an overall thirty -four
percent (34 %) reduction from the stable 1989 level. Added to this
was another supposed $118,250 savings in retirement system
obligation which represents four point two percent (4.2 %) revenue
loss.
Although there have been rumors of additional cuts in state
aid to cities forthcoming in the 1992 -93 state budget, the Governor
and the State Budget Office is making no predictions as to 1992
funding levels. There is, however, wording in the 1991 -92 state
budget legislation which leaves the door open for further
substantial reductions in aid. Incorporated in the budget
enactment, the legislature and the Governor expressed their intent
to cut revenue sharing by another one hundred million dollars in
the 1992 -93 state budget scheduled for adoption in April 1992. In
view of the fact that there is approximately five hundred and sixty
nine million dollars ($569,000,000) in aid to towns, villages,
cities and New York City remaining in the 1991 -92 budget, the
Conference of Mayors has released information (received October 28,
1991), that, if enacted, this would amount to approximately an
eighteen percent (18 %) cut in the total allocation received in
1991.
There are several very difficult conclusions which can be
drawn from this whole scenario. The Conference of Mayors (NYCOM)
in conjunction with several other state -wide municipal
organizations and many legislators, are working diligently to
minimize the possibility of further aid reductions to localities.
Secondly, we receive four types of aid under the heading of state
revenue sharing as described above. At this point in time we have
absolutely no way of knowing how this possible decrease would be
distributed among the local governments involved. We have had
numerous discussions with representative of NYCOM, the State Budget
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19-11
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45
December 4, 1991
Office and the Governor about this problem. No recommended method
of approaching this situation has been proposed by anyone. If we
were to take a stab at projecting future possible cuts we could
lose from $1.00 to $1,481,150. How much would be enough, or in
turn, what projected amount would be too high? There is certainly
room for conjecture at both ends of the spectrum.
We are therefore proposing that the actual amount of state aid
received in 1991, $1,481,150, be budgeted for 1992. This
recommendation includes a list of contingent items. Until we have
a clear indication as to what our aid package will include, we must
hold a significant number of funded budget items in abeyance.
The following contingency items are proposed:
1. Hold all non - emergency level funded positions open.
2. Direct all department heads to use overtime only in express
T- emergency situations. Methods of rescheduling, redeployment and
(.C) reduced coverage, where practicable, must be utilized to avoid the
N use of overtime. For example, the fact that an employee calls in
m sick for a normally scheduled shift responsibility should not
automatically trigger the use of overtime. Pre - established
Zcontingency plans should be put in place by each department to
C preclude the non - emergency utilization of overtime.
'G 3. Re- evaluate all part -time and seasonal funding allocations and
reduce as required.
4. Put into operation the requested prioritization of programming
by each department to reduce or curtail services.
8. Continue to assess the possibility of an increase in the County
sales tax rate.
SOLID WASTE
Following the lead of the County, and in the interest of
segregating the entire program activity related to solid waste
collection, recycling and disposal, we are recommending as part of
this budget, the establishment of a new sold waste fund. This fund
is intended to operate on a self - supporting basis, as does the
Water, Sewer and Joint Activity Funds. All costs related to the
various facets of refuse collection, resource recovery and landfill
disposal shall be charged to this fund. Conversely, all revenues
generated from the sale of trash tags, contracts for services and
the sale of recyclables would be credited to this fund. The
Issuance of any indebtedness for future equipment purchases and the
proportionate cost of any facility upgrades, as well as the
reimbursement for services provided by other City funds would also
(400'.1 be charged thereto. Any surplus remaining at the end of a fiscal
period would remain in this fund, as would any incurred liability
beyond available revenues and /or fund balance.
Driven by a 234% increase in the county established tipping
fee, which is rising from $62.00 to $145.00 per ton, we have no
alternative but to drastically increase the cost of trash tags for
1992. The 1991 charge per sheet of trash tags sold in support of
the solid waste collection and disposal program, was heavily
subsidized by property taxes and other general fund revenues. The
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5. Dispose of
the Strand
Theatre property.
6. Pursue the
disposition
of the City Hall Annex
property.
7. Continue to
seek state
legislative approval of
the authority to
increase the utilities gross receipts tax. This
enactment alone
could generate
as much as
$600,000 in lost state
dollars.
8. Continue to assess the possibility of an increase in the County
sales tax rate.
SOLID WASTE
Following the lead of the County, and in the interest of
segregating the entire program activity related to solid waste
collection, recycling and disposal, we are recommending as part of
this budget, the establishment of a new sold waste fund. This fund
is intended to operate on a self - supporting basis, as does the
Water, Sewer and Joint Activity Funds. All costs related to the
various facets of refuse collection, resource recovery and landfill
disposal shall be charged to this fund. Conversely, all revenues
generated from the sale of trash tags, contracts for services and
the sale of recyclables would be credited to this fund. The
Issuance of any indebtedness for future equipment purchases and the
proportionate cost of any facility upgrades, as well as the
reimbursement for services provided by other City funds would also
(400'.1 be charged thereto. Any surplus remaining at the end of a fiscal
period would remain in this fund, as would any incurred liability
beyond available revenues and /or fund balance.
Driven by a 234% increase in the county established tipping
fee, which is rising from $62.00 to $145.00 per ton, we have no
alternative but to drastically increase the cost of trash tags for
1992. The 1991 charge per sheet of trash tags sold in support of
the solid waste collection and disposal program, was heavily
subsidized by property taxes and other general fund revenues. The
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December 4, 1991
charge of $13.00 per sheet of 35 lb. tags and $7.00 per sheet of 20
lb. tags would have been $22.30 and $13.80 respectively, if all
solid waste costs had been reflected. The equivalent cost per
sheet of tags charged by private haulers, (per information compiled
by the Tompkins County Solid Waste Division) ranged from $20.70 to
$22.00 for 1991.
In order to operate this fund on a self supporting basis,
absent the availability of general fund revenues to subsidize this
function, the projected cost per sheet of 35 lb. tags for 1992
would be $36.00 and 20 lb. tags $22.00. Although this increase is
substantial, we feel that it is within the projections stated by
the Tompkins County Division of Solid Waste. Since the non -
subsidized costs of a sheet of tags in 1991 would have been $22.30
and $13.80, the 1992 projected non - subsidized cost of $36.00 and
$22.00 is less than twice as much. This increase is within the
range projected by the County and we believe it is comparable to
increases by private haulers.
We believe that we should examine alternative ways of
supporting solid waste operation other than the sale of trash tags.
We are currently exploring the use of a city -wide and /or county-
wide benefit charge as a method of spreading the landfill capital
component of the tipping fee across all City properties. The
environmental benefits of a well- constructed central processing
facility and landfill should be borne by all properties, taxable
and tax - exempt alike.
HEALTH INSURANCE
As is the case nationwide, the escalating cost of health care
is severely impacting our 1991 actual cost and projected 1992
budget.
In 1991 we budgeted a twenty percent (20 %) increase in health
insurance costs for 1991 over our 1990 actual claims paid plus stop
loss and retention (plan administration costs) . Although our
increased budget of $1,806,125 overall and the $1,592,000 which
represents the general fund share of health costs appeared to be
realistic, the actual 1991 claims paid are projected to be the
extraordinary amount of thirty nine percent (39 %) above the 1990
level. Even after adding $260,000 to $300,000 to the 1991 budgeted
amount, required to meet existing costs, our health program
administrators recommend that we project a possible increase in
health care costs for 1992 of 23 %. In view of the fact that we are
self - funded for health insurance purposes, with an umbrella stop
loss insurance policy, our maximum exposure for 1992 could be as
much as $2,643,980. This budget includes an overall appropriation
of $2,302,662, which is an increase of $496,537 above the 1991
budget of which $382,207 is in the general fund. If we continue to
remain self- funded the maximum additional liability to the City
would be $341,318.
EFFECT ON DEPARTMENTS AND SERVICE AGENCIES
In this budget every department is receiving less that it
requested. To compare the 1992 budget recommendation with the 1991
final amended budget one must recognize that some items which
appeared last year in the operating budget are now in capital
projects. In addition the solid waste items in the Department of
Public Works budget have been separated out. Finally the funds
that will be needed to meet any salary increase negotiated with the
police officers (PBA) are included in the restricted contingency
fund. As department budgets are examined individually, we will
include the above factors in order to show the percentage change
from last year.
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47
December 4, 1991
The funding of Human Service and Community Service Agencies
has been included at the level recommended by the Human Services
Committee.
ESTIMATED REVENUES
Various revenue accounts were materially adjusted to reflect
existing and future conditions as follows:
A. Sales Tax - The 1992 estimated revenue estimate of $5,743,230
(400e was computed by considering actual receipts to date of $4,429,853
plus the amount actually received during November and December
1991, of $1,160,222. Subtracting the amount received for prior
period adjustments discovered by City Controller's Office of
$120,330, we start with a base of $5,469,742, which amount was then
increased by the projected 1992 CPI of 5 %. We believe that this
estimate is realistic and consistent with our detailed examination
of prior year's activity.
T
(� B. Fines and Forfeited Bail - This account includes revenue
(V derived from the enforcement of parking and traffic violations.
M The estimated revenue to be derived from this purpose is predicted
W on a re- evaluation and increase in various fine levels in
Z conjunction with City Court. Additionally the Finance Department
and the Police Department are actively preparing a revised
enforcement procedure, which is expected to be presented to Common
Council in early 1992. This amended process would augment the
implementation of the hand held computer system and in turn
stimulate the enforcement revenue activity.
C. Parking Fees - We are proposing that the projected revenue be
only $1,500 above the 1991 projection. However, since actual
revenues are below the projected amount, this may require a minor
adjustment in rates such as five to ten cents per hour in hourly
rates, and a corresponding adjustment in permit levels. The
ultimate distribution and establishment of various rates shall be
finally determined by the Board of Public Works.
D. Sale of Property - This account includes the disposition value
of City -owned land sold to the Sciencenter, which amount has been
established at $105,000.
E. Transfer from Capital Funds - The marked increase in this line
item is described as follows:
1. The normal transfer of interest earnings on capital
project funds during construction and unused
authorizations from completed projects is $290,000.
2. Reimbursement for City force account labor and benefits
on street, road, bridge and sidewalk projects is
$528,200.
3. Reimbursement for engineering, planning, legal and
financial professional services to capital projects is
estimated at $100,000.
(4000,11 PROPERTY TAX
In 1991 the revenue received from the property tax was
$6,518,798. A 4.9% increase in the rate will increase the revenue
by $242,202 to $6,761,000. Because of our relatively low taxable
property based (57.8% of the assessed value is tax - exempt) only a
small part of the budget gap can be filled by increasing the
property tax rate. It is, however, wise to adjust the rate at
approximately the inflation rate.
Q7
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December 4, 1991
CONCLUSION
In summary, the City of Ithaca is facing its most difficult
financing crisis in recent history. We must reach new levels of
understanding and cooperation between administration, management,
bargaining units, individual employees and the community at large
to pull this off. One fact remains in our favor, if any community
in New York State has the wherewithal, resources and hard core
viability to accomplish this task, it is the City of Ithaca.
The task of reducing our work force, increasing efficiency,
and seeking new revenue sources will not be accomplished in one
year. The measures taken this year are only the first stage of a
multi -year effort.
BUDGET AND ADMINISTRATION COMMITTEE:
*15.1 Adoption of 1992 Budget
By Council Member Booth: Seconded by Council Member Johnson
WHEREAS, this Common Council has reviewed the Executive Budget as
proposed by Mayor Ben Nichols, and the Budget and Administration
Committee recommendations, and
WHEREAS, it is the consensus of this Common Council that the total
appropriations and estimated revenues are adequate for the
operation of the City for 1992; now, therefore, be it
RESOLVED, That the City of Ithaca Budget for 1992, in the total
amount of $30,510,781 be approved, and be it further
RESOLVED, That the following sections of the
1992 Budget be
approved:
(A)
General Fund Appropriations
Water Fund Appropriations
(B)
(C)
Sewer Fund Appropriations
(D)
Joint Activity Fund Appropriations
(E)
Solid Waste Fund Appropriations
(F)
General Fund Revenues
(G)
Water Fund Revenues
(H)
Sewer Fund Revenues
(I)
Joint Activity Fund Revenues
(J)
Solid Waste Fund Revenues
(K)
Debt Retirement Schedule
(L)
Capital Projects
(M)
Schedule of Salaries and Positions - General Fund
(N)
Schedule of Salaries and Positions - Water
and Sewer Fund
(0)
Schedule of Salaries and Positions - Joint
Activity Fund
(P)
Schedule of Salaries and Positions - Solid
Waste Fund
(Q)
Authorized Equipment - General Fund
(R)
Authorized Equipment - Water Fund
(S)
Authorized Equipment - Sewer Fund
(T)
Authorized Equipment - Joint Activity Fund
(U)
Authorized Equipment - Solid Waste Fund
Council Member Booth suggested the following:
Substitute Resolution
By Council Member Booth: Seconded by Council Member Schroeder
RESOLVED, That the two Whereas Clauses and the First Resolved
Clause be eliminated and the following be inserted in their place,
with the remainder of the original resolution remaining the same:
"WHEREAS, this Common Council has reviewed the Executive Budget as
proposed by Mayor Ben Nichols, and the Budget and Administration
Committee's recommendations for amending that proposed Executive
Budget, and
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December 4, 1991
WHEREAS, this Common Council is now considering adoption of the
Amended Executive Budget for 1992 as approved by the Budget and
Administration Committee, and
WHEREAS, it is the consensus of this Common Council that the total
appropriations and estimated revenues, as set forth in said Amended
Executive Budget for 1992 and as those amounts may be altered by
action of this Common Council at its December 4, 1991 meeting, are
adequate for the operation of the City during 1992; now, therefore,
be it
RESOLVED, That this Common Council accepts and approves said
Amended Executive Budget for 1992, together with any additional
changes made in said budget at Council's December 4, 1991 meeting
as the City of Ithaca Budget for 1992, in the total amount of
$30,510,781., and be it further"
A vote to accept the substitute resolution as proposed by Council
�-- Member Booth resulted as follows:
QD Carried Unanimously
N
m The Substitute Resolution as Accepted shall read as follows:
Z WHEREAS, this Common Council has reviewed the Executive Budget as
C proposed by Mayor Ben Nichols, and the Budget and Administration
G Committee's recommendations for amending that proposed Executive
Budget, and
WHEREAS, this Common Council is now considering adoption of the
Amended Executive Budget for 1992 as approved by the Budget and
Administration Committee, and
WHEREAS, it is the consensus of this Common Council that the total
appropriations and estimated revenues, as set forth in said Amended
(600" Executive Budget for 1992 and as those amounts may be altered by
action of this Common Council its December 4, 1991 meeting, are
adequate for the operation of the City during 1992; now, therefore,
be it
RESOLVED, That this Common Council accepts and approves said
Amended Executive Budget for 1992, together with any additional
changes made in said budget at Council's December 4, 1991 meeting
as the City of Ithaca Budget for 1992, in the total amount of
$30,510,781, and be it further
RESOLVED, That the following sections of the 1992 Budget be
approved:
(A)
(B)
(C)
(D)
(E)
(F)
(G)
(H)
(I)
(J)
(K)
(L)
(M)
(N)
(0)
(P)
(Q)
General Fund Appropriations
Water Fund Appropriations
Sewer Fund Appropriations
Joint Activity Fund Appropriations
Solid Waste Fund Appropriations
General Fund Revenues
Water Fund Revenues
Sewer Fund Revenues
Joint Activity Fund Revenues
Solid Waste Fund Revenues
Debt Retirement Schedule
Capital Projects
Schedule of Salaries and Positions
Schedule of Salaries and Positions
Schedule of Salaries and Positions
Schedule of Salaries and Positions
Authorized Equipment - General Fund
11
General Fund
Water and Sewer Fund
Joint Activity Fund
Solid Waste Fund
49
KE
December 4, 1991
(R)
Authorized
Equipment
- Water Fund
(S)
Authorized
Equipment
- Sewer Fund
(T)
Authorized
Equipment
- Joint Activity Fund
(U)
Authorized
Equipment
- Solid Waste Fund
Discussion followed on the floor regarding the Police Department
Budget in regard to overtime for that Department, with Council
Member Booth and Police Chief McEwen answering questions.
Amendment to 1992 Budget
By Council Member Daley: Seconded by Council Member Hoffman
RESOLVED, That $5,000 be transferred from Unrestricted Contingency
to Restricted Contingency, earmarked for city services relating to
the Ithaca Festival.
Discussion followed on the floor.
A vote on the Amendment to the 1992 Budget resulted as follows:
Ayes (9) - Booth, Johnson, Daley, Cummings, Blanchard, Golder,
Schroeder, Peterson, Hoffman
Nays (1) - Romanowski
Carried
Council Member Booth offered the following Amendment to the 1992
Budget:
"WHEREAS, in order to deal with the possible cutbacks of 18% in
state per capita aid revenues in 1992; now, therefore, be it
RESOLVED, That $76,343 be moved from the part -time and seasonal
lines of the Department of Public Works to Restricted Contingency
and $190,465 be moved from the part -time and seasonal lines of the
Youth Bureau and GIAC to Restricted Contingency proportionally with
respect to the size of the part -time and seasonal budgets."
The Motion failed for lack of a second.
A vote on the 1992 Budget Resolution as Amended resulted as
follows:
Carried Unanimously
* 15.2 Adoption of 1992 Tax Rate
By Council Member Booth: Seconded by Council Member Romanowski
WHEREAS, the 1992 City of Ithaca Budget was approved, adopted and
confirmed in the total amount of $30,510,781 on December 4, 1991,
in accordance with a detailed Budget on file in the Office of the
City Controller, and
WHEREAS, available and estimated revenues total $23,728,598 leaving
$6,782,183 as the amount to be raised by taxation, and
WHEREAS, the Assessment Roll for 1992, certified and filed by the
Assessment Department of Tompkins County, has been footed and
approved and shows the total net taxable valuation as
$881,948,351., and
WHEREAS, under Charter provisions, the tax limit for City purposes
amounts to $12,696,572. for 1992; now, therefore, be it
RESOLVED, That the tax rate for general purposes, for the fiscal
year 1992, be, and the same hereby is, established and fixed at
7.69 per $1,000 of taxable valuation as shown, certified and
extended against the respective properties on the 1992 Tax Roll,
thereby making a total tax levy, as near as may be, of $6,782,183.,
and be it further
12
T
QD
N
m
cz
G
51
December 4, 1991
RESOLVED, That the amount of said tax levy be spread, and the same
hereby is levied upon and against the respective properties as
shown on said City Tax Roll, in accordance with their respective
net taxable valuation, at the rate of $7.69 per $1,000 of such
taxable valuation, and be it further
RESOLVED, That the City Chamberlain be, and hereby is, directed to
extend and apportion the City Tax as above, and that upon the
completion of the extension of said Roll, the City Clerk shall
prepare a warrant on the City Chamberlain for the collection of
said levy; and the Mayor and the City Clerk hereby are authorized
and directed to sign and affix the corporate seal to such warrant
and forthwith to file the same with said Tax Roll with the City
Chamberlain, and be it further
RESOLVED, That upon the execution and filing of said warrant and
Tax Roll with the City Chamberlain, the amounts of the City Tax
Roll with the City Chamberlain, the amounts of the City Tax set
opposite each and every property shall hereby become liens, due,
payable and collectible in accordance with provisions of the City
Charter and other laws applicable thereto, and be it further
RESOLVED, That the total sum of $30,510,781 be appropriated in
accordance with the Budget adopted, to the respective Boards,
Offices and Departments of the City, for the purposes respectively
set forth therein. The 1992 Assessment Roll has been completed and
approved by the Assessment Department of Tompkins County and
resulted in the following valuation:
Valuation of Land
Valuation of Buildings
Total Value of Real Property
Less: Value of Exempt Property
Plus: Value of Special Franchises
Net Value of Taxable Property
$ 524,711,180
1,572,281,493
$2,096,992,673
1,234,926,055
862,066,618
19,881,733
$ 881,948,351
Carried Unanimously
City Controller Cafferillo thanked the Mayor, Council Members, and
Department Heads for all their understanding and cooperation
through this very difficult process.
* 15.3 DPW - Request to Amend Authorized Equipment List
By Council Member Booth: Seconded by Council Member Daley
WHEREAS, the Department of Public Works base transmitter unit has
failed, and
WHEREAS, the total estimated cost to replace the transmitter unit
is $5,990.00, and
WHEREAS, there are available funds in the Department of Public
Works, Water and Sewer Equipment Accounts to cover the cost of the
13
replacement of
said
unit; now, therefore,
be it
(boo".
RESOLVED, That
the
1991 DPW
Water and Sewer
Authorized Equipment
lists be amended to
include the following:
A 5142 -225
1 GE
100 Watt
Modular Base
Station
w /Base Antenna
and
telephone
remotes (430
of cost)
$2,600
F8316 -225
1 GE
100 Watt
Modular Base
Station
w /Base Antenna
and
telephone
remotes (23%
of cost)
$1,356
G8115 -225
1 GE
100 Watt
Modular Base
Station
w /Base Antenna
and
telephone
remotes (31%
of cost)
$2,034
Carried Unanimously
13
52
December 4, 1991
* 15.4 DPW Request to Transfer Funds for Computer Purchase
By Council Member Booth: Seconded by Council Member Romanowski
WHEREAS, the personal computer system at the Water Treatment Plant
has failed, and
WHEREAS, a new computer system would have a total cost of $7,300,
and
WHEREAS, there are available funds within the existing Water and
Sewer Budgets to cover the purchase of a new computer system; now,
therefore, be it
RESOLVED, That $4,900 be transferred from account F8311 -110, Water
Admin. Staff, to account F8311 -210, Water Admin. Office Equipment,
and $2,400 be transferred from account G8111 -110, Sewer Admin.
Staff, to account G8111 -210, Office Equipment, and be it further
RESOLVED, That the 1991 Water and Sewer Authorized Equipment list
be amended to include the following:
Account F8311 -210 1 -386 Computer for the
Water Treatment Plant $2,500
Account G8111 -210 1 -386 Computer, monitor,
Printer $4,800
Carried Unanimously
* 15.5 DPW - Request Authorization for State and Federal Section
18 Mass Transit Operating Assistance Agreement
By Council Member Booth: Seconded by Council Member Peterson
WHEREAS, the City of Ithaca has submitted a request for a grant of
funds to the New York State Department of Transportation and the
United States Department of Transportation, pursuant to Section 18
of the Urban Mass Transportation Act of 1964 as amended, for a
project to provide operating assistance funds for transportation
services within the City of Ithaca and partly in two adjoining
municipalities, provided by the City of Ithaca Transit System for
fixed route, scheduled, open and available to the general public
during the period January 1, 1992 to December 31, 1992 (PIN
3791.33.406); now, therefore, be it
RESOLVED, That Mayor Benjamin Nichols be authorized to sign the
Agreement between the City of Ithaca and the State of New York for
the above named Project, and be it further
RESOLVED, That Mayor Benjamin Nichols is authorized to act on
behalf of the City of Ithaca to progress and complete the above
named project.
Carried Unanimously
* 15.6 Planning Department - Request for Additional Funding for
Central Business District Urban Design Study
By Council Member Booth: Seconded by Council Member Schroeder
WHEREAS, the Common Council, at its May 1991 meeting, approved the
New York State Council for the Arts Grant for an Urban Design Study
in the amount of $30,000 for each of the years 1991 and 1992, and
WHEREAS, the 1992 City allocation for said Grant was $2,500
contingent on the receipt of the second installment of $7,500 from
NYS Council for the Arts and approval by Common Council in the 1992
budget, and
WHEREAS, the NYS Council for the Arts has reduced the 1992 second
installment to $5,625 because of the State Budget crisis, and
WHEREAS, the Planning Department wishes to increase the maximum
allowable cost of said study by $1,875 in 1992 to restore the loss
in State funding for a total cost not to exceed $4,375; no,i,
therefore, be it
14
RX
December 4, 1991
RESOLVED, That the City's share of said study be increased from
$2,500 to a total cost not to exceed $4,375, and be it further
RESOLVED, That the 1992 Planning Department budget, account A8020-
435, Contracts, be increased by $4,375 to reflect the City's 1992
share for the completion of the Urban Design Study, and be it
further
RESOLVED, That funding for said $4,375 will be derived from the
transfer of funds from the IURA to the General Fund for the payment
of the Center Ithaca land.
Planning and Development Director VanCort explained the resolution
to Council.
Council Member Hoffman suggested that the Final Resolved Clause
read as follows:
T—.
"RESOLVED, That funding for
said $4,375 will
be derived from the
transfer of funds from the
IURA account for
the payment of the
N
Center Ithaca land, to the General Fund."
m
Council Member Hoffman's
suggested Final Resolved clause was
Zaccepted
by Council.
A vote on the resolution as
amended resulted
as follows:
Carried Unanimously
* 15.7 Finance Department - Chamberlain - Request Exemption of
Penalty on Taxes
By Council Member Booth: Seconded by Council Member Hoffman
WHEREAS, Philip McMichael and Karen Schachere have presented
satisfactory evidence that they in fact mailed a check for 1991
second installment City taxes before June 30,1991, and
WHEREAS, the City Chamberlain's office did not receive the check,
so that a penalty was assessed for late payment of taxes; now,
therefore, be it
RESOLVED, That the City Chamberlain is authorized to refund the
penalty of $44.53 to Philip McMichael and Karen Schachere.
Discussion followed on the floor.
A vote on the resolution resulted as follows:
Ayes (7) - Booth, Johnson, Daley, Golder, Schroeder, Hoffman,
Blanchard
Nays (3) - Cummings, Romanowski, Peterson
Carried
* 15.8 Finance Department - Chamberlain - Request to Correct 1991
City Tax Roll
By Council Member Booth: Seconded by Council Member Peterson
WHEREAS, pursuant to Section 554 (Sub 4A) of the Real Property Tax
Law, the Director of Assessments has investigated an application
for the correction of an error in essential fact filed by Ithaca
College, and
WHEREAS, the investigation revealed that a partial exemption was
omitted, causing an over - assessment of 116 Coddington Road, and
WHEREAS, the Director of Assessment recommends that the taxable
value of this property be changed from $527,800 to $94,000; now,
therefore, be it
15
54
December 4, 1991
RESOLVED, That the 1991 Tax Roll for the City of Ithaca be amended
to reduce the taxable assessment of tax map number 114 -1 -1, and be
it further
RESOLVED, That the City Chamberlain is authorized and directed to
make the appropriate changes in the Tax Roll and to issue a refund
to Ithaca College of the resulting overpayment of taxes.
Carried Unanimously
* 15.9 Finance Department - Personnel - Request to Temporarily
Amend Personnel Roster
By Council Member Booth: Seconded by Council Member Johnson
RESOLVED, That the Personnel Roster of the Personnel Department be
temporarily amended by reducing the full -time position of the
Personnel Associate to twenty (20) hours per week from January 27,
1992 to May 15, 1992, and be it further
RESOLVED, That the Personnel Roster of the Personnel Department be
temporarily amended by reducing the full -time position of
Administrative Secretary to twenty -eight (28) hours per week from
January 6, 1992 to December 31, 1992, and be it further
RESOLVED, That the Personnel Roster of the Personnel Department be
temporarily amended by reducing the full -time position of Senior
Stenographer to twenty -eight (28) hours per week from January 6,
1992 to June 26, 1992.
Carried Unanimously
* 15.10 Finance Department - Controller - Approval of 1992 Hudson
Streets Sidewalk Assessments
By Council Member Booth: Seconded by Council Member Peterson
WHEREAS, the Board of Public Works levied sidewalk assessments on
May 22, 1991 for the construction of sidewalks at various locations
in the City of Ithaca, and
WHEREAS, the construction of said sidewalks were a part of the
Hudson Street Reconstruction project, and
WHEREAS, a public hearing thereon was held by said Board on January
31, 1990, and
WHEREAS, on July 31, 1991 said Board approved said assessments and
filed a schedule thereof with the Common Council for confirmation
and final approval; now, therefore, be it
RESOLVED, That said assessments in the total amount of $11,128.05
be, and the same is, hereby approved and confirmed, and be it
further
RESOLVED, That the City Clerk be, and hereby is, directed to
prepare a warrant on the City Chamberlain, in accordance with such
schedule, for the collection of said assessments; and that the
Mayor and City Clerk be authorized to sign and execute such
warrant, whereupon all such assessments will become due and payable
from the date of execution thereof; and on all such assessment or
portions thereof remaining unpaid after the expiration of six
months from the date of such warrant, the City Chamberlain shall
add and collect the percentage thereon, at the rate of 10% per
annum, except and provided, however, that the City Chamberlain may
allow persons to pay their assessments, if the aggregate amount
exceeds $100., in five equal installments,. with interest at 10%,
on or about June 1, each year, provided, however, that any person
desiring to pay by installments shall make application promptly, in
writing, to the City Chamberlain; and all properties having such
assessments or portions thereof of installment payments in arrears
and remaining unpaid at the close of any City Tax collection period
shall be included by the City Chamberlain in a subsequent City Tax
sale held in November each year following such City Tax collection
16
55
December 4, 1991
period; and such property shall be sold for any unpaid assessments
or portion thereof or any unpaid installment payments, together
with the outstanding balance of such installment payments, together
will all interest, fees and penalties that may be accrued.
Carried Unanimously
* 15.11 Audit
By Council Member Booth: Seconded by Council Member Johnson
RESOLVED, That the bills presented, as listed on Audit Abstract
22/1991 in the total amount of $7,922.25., be approved for payment.
Carried Unanimously
* 15.12 1992 Budget Directions
By Council Member Booth: Seconded by Council Member Hoffman
WHEREAS, this Common Council has adopted the 1992 City of Ithaca
Municipal Budget, and
WHEREAS, it will be necessary throughout 1992 and beyond, to
T— exercise great caution in the expenditure of City tax monies and to
(.0 insure the collection of projected City revenues; now, therefore,
N be it
m
Z RESOLVED, That effective January 1, 1992, no position for a City
employee that is vacant for any reason on or after said date shall
be filled unless and until the filing of that position is approved
by the Vacancy Review Committee, which committee shall consist of
the Mayor and the Chair and Vice Chair of the Budget and
Administration Committee; and
That the Vacancy Review Committee shall work in conjunction with
the Controller, the Personnel Administrator, and the applicable
department head in determining whether or not to fill any vacant
position; and
That the Vacancy Review Committee shall not approve the filling of
any vacant position in the City government unless and until the
Committee determines either 1) that the filling of a particular
position is essential to the proper functioning of the City
government and /or essential to the protection of life and safety of
the residents of the City, and that such position must be filled
immediately; or 2) that the department in which a vacant position
exists proposes that the vacant position be filled and that another
position(s) be vacated and left vacant, and that the department has
the means available to accomplish these actions; and
That the Vacancy Review Committee shall require any and all
departments to submit information, plans or proposals regarding the
reduction of personnel costs throughout 1992 and in future years;
and
That the Vacancy Review Committee shall report all of its actions
at least once each month to Common Council; and
That Common Council shall retain authority to consider and decide
any matter that has been, or might be, reviewed by the Vacancy
Review Committee; and
That the Vacancy Review Committee shall have authority to refer any
matter subject to its review to the full Common Council for its
decision; and
That the Vacancy Review Committee shall have authority to adopt
such reasonable procedures, including but not limited to setting
meeting dates and agendas and requiring the submission of
documentation relative to any request to fill a vacancy as it deems
necessary to carry out its authority under this resolution; and be
it further
17
we
December 4, 1991
RESOLVED, That Common Council directs the Board of Public Works to
establish the appropriate fees needed in the following accounts
and /or to take other appropriate steps to insure that the projected
revenues in the 1992 City of Ithaca Budget are raised as
established:
Revenue Account A1710 Public Works Services, established in the
amount of $36,000 for 1992;
Revenue Account A1720, Parking Lots and Garages and A1740, Metered
Parking, established in the amounts of $625,000 and $320,000 for
1992;
Revenue Account A2050, Golf Course charges established in the
amount of $120,000 for 1992;
Revenue Account A2410, Rent of Property, Public, established in the
amount of $45,000 for 1992;
Revenue Account A2560, Street Opening Permits, established in the
amount of $1,500 for 1992, and be it further
RESOLVED, That the Common Council directs the Board of Public Works
to establish appropriate fees for City residents and non - residents
for the City Golf Course, and be it further
RESOLVED, That Common Council directs the Youth Bureau Board to
establish the appropriate fees needed, in the following accounts
and /or take other appropriate steps to insure that the projected
revenues in the 1992 City of Ithaca Budget are raised as
established;
Revenue Account A2001, Parks and Recreation charges, established in
the amount of $168,270 for 1992;
Revenue Account A2025, Beach and Pool charges, established in the
amount of $41,387 for 1992;
Revenue Account A2065, Ice Rink charges established in the amount
of $130,700 for 1992; and be it further
RESOLVED, That Common Council directs the Youth Bureau Board to
establish appropriate fees for City residents and non - residents for
use of the municipal swimming pool and the municipal skating rink
at Cass Park, and be it further
RESOLVED, That Common Council hereby establishes the following
schedule of fees for the new municipal swimming pool to be built
near GIAC:
1992 Municipal Pool Fees:
12 and under $ .50
13 - 17 & Seniors $1.00
Adults $2.00
and be it further
RESOLVED, That Common Council directs the Charter and Ordinance
Committee to prepare legislation that increases the base fine for
parking violations from three dollars ($3.00) to four dollars
($4.00) in 1992.
i[3
191,
MN
W
z
2
December 4, 1991
Council Member Blanchard suggested that the Third Resolved Clause
read as follows:
"RESOLVED, That the Common Council directs the Board of Public
Works to consider the feasibility of establishing a separate fee
schedule for City residents and non - residents for the City Golf
Course for the 1992 season, and be it further, etc ".
No Council Member objected.
A vote on the Main Motion as Amended resulted as follows:
Carried Unanimously
HUMAN SERVICES COMMITTEE:
Ithaca Youth Bureau - Report
Council Member Johnson reported
report to the Human Services
regarding how the State cuts
programming.
that the Youth Bureau Board gave a
Committee at its last meeting
in revenue have affected their
CHARTER AND ORDINANCE COMMITTEE:
* 17.1 Postering Resolution
By Council Member Peterson: Seconded by Council Member Johnson
WHEREAS, the placement of certain signs, posters and similar
written communication on posts, pole, trees and other structures
located on City property, utility company property and on private
property without the written permission of the owner or agent of
said property is illegal under Section 65.22 of the City of Ithaca
Municipal Code, and
WHEREAS, said activity is illegal as well under Section 145.30 of
the New York State Penal Law, which law also includes the
presumption that commercial advertisements posted in an illegal
manner have been so placed by the vendor of the product, service,
or entertainment advertised therein, and
WHEREAS, the number of commercial or other advertising signs placed
illegally on poles, posts, trees and other structures has recently
increased significantly, and
WHEREAS, the proliferation of said signs detracts from the
aesthetic character of City streets and neighborhoods, and
WHEREAS, efforts at self - regulation by certain of the vendors of
services advertised on said signs have had only limited success to
date, and
WHEREAS, the dissemination of such information is important not
only to the vendors of such services but also to the public at
large, and
WHEREAS, the dissemination of such information also is important in
connection with free speech and other issues; now, therefore, be it
RESOLVED, That Common Council hereby refers to the Board of Public
Works the question determining implementing methods by which signs,
posters and similar written communications may be placed in
appropriate places to promote the dissemination of the information
contained on such signs, posters and similar written
communications. The Board of Public Works is specifically directed
to investigate the appropriateness of creating kiosks or other
structures on which such signs, posters and similar written
communications may be placed. The Board of Public Works is
directed to investigate where and how such kiosks or other
structures can be constructed and is further directed to
investigate how the vendors of such services may assist the City in
the construction of such kiosks or other structures, and be it
further
19
57
W
December 4, 1991
RESOLVED, That after such kiosks or other structures have been
constructed and put into service that the Common Council intends to
amend Section 65.22 of the City of Ithaca Municipal Code to include
in said section a similar presumption to that currently existing in
New York State Penal Code and, at such time, to direct the Mayor to
ask the Chief of Police to take appropriate action, upon specific
complaints, to enforce laws regarding commercial postering, and be
it further
RESOLVED, That the issue of amending Section 65.22 of the City of
Ithaca Municipal Code is hereby tabled until kiosks or other
structures for the placement of signs, posters and similar written
communications have been constructed and placed in service.
Extensive discussion followed on the floor with Police Chief McEwen
answering questions from Council Members.
Council Member Golder suggested the following amendment:
Amending Resolution
That the third, fourth, and fifth Whereas Clauses be deleted and
the following Whereas Clauses be inserted in their place:
"WHEREAS, some members of the public feel that the proliferation of
said signs detract from the aesthetic character of City streets and
neighborhoods, and
WHEREAS, some members of the public feel that posters are a
positive cultural and artistic addition as well as a vital tool for
free expression, and"
Discussion followed on the floor.
Amendment to the Amending Resolution
By Council Member Schroeder: Seconded by Council Member Johnson
RESOLVED, That the fourth Whereas of the original resolution be
eliminated; leave in the Third and Fifth Whereas Clauses in the
original resolution and then add Council Member Golder's two
Whereas Clauses before the Resolved Clause in the original
resolution.
Further discussion followed.
Kenneth Hallett, co -owner of the ABC Cafe addressed the Council on
the postering issue. He suggested that the City ask the utility
companies if they would designate a limited number of poles for
postering. If this was done he believes bar owners would agree to
clean up these poles whenever it was necessary thereby eliminating
most of the littered appearance that is created when poles all over
town are being used.
A vote on Council Member Schroeder's Amendment to Council Member
Golder's Amending Resolution resulted as follows:
Ayes (9) - Booth, Daley, Cummings, Hoffman, Romanowski,
Peterson, Blanchard, Schroeder, Johnson
Nay (1) - Golder
Council Member Golder's Amendment as Modified
A vote on Council Member Golder's Amendment as
Member Schroeder regarding the Whereas Clauses
resulted as follows:
Carried Unanimously
Carried
Modified by Council
of the resolution,
20
191,
59
December 4, 1991
Council Member Golder's Amendment to the First Resolved Clause
Council Member Golder suggested that the First Resolved Clause of
the Resolution read as follows:
"RESOLVED, That Common Council directs the Board of Public Works 1)
to investigate methods by which signs, posters and similar written
communications may be posted in appropriate places; 2) to
investigate creating kiosks or other structures for the postering
of said signs; 3) to investigate where, how, and how many of such
structures should be constructed; 4) to consult with vendors and
(600,11 other interested parties in these investigations; 5) to investigate
how said vendors may assist the City in the construction of such
structures; 6) to propose a plan and budget for such structures to
the Budget and Administration Committee of Common Council within
four months from the passage of this resolution, and "
The vote to Substitute Council Member Golder's Resolved Clause for
the First Resolved Clause in the Resolution resulted as follows:
Ayes (6) - Johnson, Daley, Golder, Schroeder, Hoffman,
Peterson
Nays (4) - Booth, Romanowski, Blanchard, Cummings
Carried
The Main Motion as Amended shall read as follows:
WHEREAS, the placement of certain signs, posters and similar
written communication on posts, pole, trees and other structures
located on City property, utility company property and on private
property without the written permission of the owner or agent of
said property is illegal under Section 65.22 of the City of Ithaca
Municipal Code, and
WHEREAS, said activity is illegal as well under Section 145.30 of
the New York State Penal Law, which law also includes the
presumption that commercial advertisements posted in an illegal
manner have been so placed by the vendor of the product, service,
or entertainment advertised therein, and
WHEREAS, the number of commercial or other advertising signs placed
illegally on poles, posts, trees and other structures has recently
increased significantly, and
WHEREAS, efforts at self - regulation by certain of the vendors of
services advertised on said signs have had only limited success to
date, and
WHEREAS, the dissemination of such information is important not
only to the vendors of such services but also to the public at
large, and
WHEREAS, the dissemination of such information also is important in
connection with free speech and other issues, and
WHEREAS, some members of the public feel that the proliferation of
said sign detracts from the aesthetic character of City streets and
neighborhoods, and
21
Council Member
Cummings made the following
Amendment to Council
Member Golder's
Amendment to the First Resolved
Clause, which was
r
seconded by Council
Member Booth:
(V
RESOLVED, That
the #6 of the Resolved Clause
be stricken.
Z
Ayes (4) -
Blanchard, Cummings, Daley,
Booth
Nays (6) -
Golder, Schroeder, Hoffman,
Peterson, Johnson,
73
Romanowski
G
Motion Fails
The vote to Substitute Council Member Golder's Resolved Clause for
the First Resolved Clause in the Resolution resulted as follows:
Ayes (6) - Johnson, Daley, Golder, Schroeder, Hoffman,
Peterson
Nays (4) - Booth, Romanowski, Blanchard, Cummings
Carried
The Main Motion as Amended shall read as follows:
WHEREAS, the placement of certain signs, posters and similar
written communication on posts, pole, trees and other structures
located on City property, utility company property and on private
property without the written permission of the owner or agent of
said property is illegal under Section 65.22 of the City of Ithaca
Municipal Code, and
WHEREAS, said activity is illegal as well under Section 145.30 of
the New York State Penal Law, which law also includes the
presumption that commercial advertisements posted in an illegal
manner have been so placed by the vendor of the product, service,
or entertainment advertised therein, and
WHEREAS, the number of commercial or other advertising signs placed
illegally on poles, posts, trees and other structures has recently
increased significantly, and
WHEREAS, efforts at self - regulation by certain of the vendors of
services advertised on said signs have had only limited success to
date, and
WHEREAS, the dissemination of such information is important not
only to the vendors of such services but also to the public at
large, and
WHEREAS, the dissemination of such information also is important in
connection with free speech and other issues, and
WHEREAS, some members of the public feel that the proliferation of
said sign detracts from the aesthetic character of City streets and
neighborhoods, and
21
•E
December 4, 1991
WHEREAS, some members of the public feel that posters are a
positive cultural and artistic addition as well as a vital tool for
free expression; now, therefore, be it
RESOLVED, That Common Council directs the Board of Public Works 1)
to investigate methods by which signs, posters and similar written
communications may be posted in appropriate places; 2) to
investigate creating kiosks or other structures for the postering
of said signs; 3) to investigate where, how, and how many of such
structures should be constructed; 4) to consult with vendors and
other interested parties in these investigations; 5) to investigate
how said vendors may assist the City in the construction of such
structures; 6) to propose a plan and budget for such structures to
the Budget and Administration Committee of Common Council within
four months from the passage of this resolution, and be it further
RESOLVED, That after such kiosks or other structures have been
constructed and put into service that the Common Council intends to
amend Section 65.22 of the City of Ithaca Municipal Code to include
in said section a similar presumption to that currently existing in
New York State Penal Code and, at such time, to direct the Mayor to
ask the Chief of Police to take appropriate action, upon specific
complaints, to enforce laws regarding commercial postering, and be
it further
RESOLVED, That the issue of amending Section 65.22 of the City of
Ithaca Municipal Code is hereby tabled until kiosks or other
structures for the placement of signs, posters and similar written
communications have been constructed and placed in service.
A vote on the Main Motion as Amended resulted as follows:
Ayes (5) - Johnson, Hoffman, Peterson, Schroeder, Golder
Nays (5) - Cummings, Daley, Romanowski, Blanchard, Booth
Mayor Nichols voted Aye, breaking the tie.
Carried
The City Attorney will check with NYSG &E and NY Telephone to see if
they would be interested in specifying cetain utility poles for
postering.
PLANNING AND DEVELOPMENT COMMITTEE:
* 18.1 An Ordinance Amending Section 30.22 Entitled `Zoning Map'
of Chapter 30 Entitled Zoning' of the City of Ithaca Municipal
Code
By Council Member Hoffman: Seconded by Council Member Schroeder
WHEREAS, the Southside Community Center, located at 305 South Plain
Street, and the hereinafter described properties adjoining the
Center to the north and south are presently zoned R -2b, and
WHEREAS, these uses are `grandfathered' but non - conforming in the
R -2b zone but permitted in the P -1 zone, and
WHEREAS, the Board of the Southside Community Center has been
consulted and is in agreement with the proposed zoning amendment:
now, therefore be it
RESOLVED, That the Zoning Ordinance of the City of Ithaca be
amended so that the Southside Community Center and the hereinafter
described properties to the north and south of the Center shall be
rezoned from R -2b to P -1, and be it further
RESOLVED, That Section 30.22 of the City of Ithaca Municipal Code
is amended to read as follows:
22
December 4, 1991
ORDINANCE NO. 91 -
An Ordinance Amending Section 30.22 Entitled `Zoning Map.' 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:
T_
Section 2. Effective Date.
QD This Ordinance shall take effect immediately and in
Coaccordance with law upon publication and notice as provided in
Section 3.11(B) of the Ithaca City Charter. (Publication date
Z December 10, 1991).
Carried Unanimously
* 18.2 Lease of Southside Community Center Property
By Council Member Hoffman: Seconded by Council Member Johnson
WHEREAS, Southside Community Center, Inc. has agreed to lease to
the city an approximately eleven (11) feet by ninety (90) feet
strip of land that borders the south lot line of the city -owned
property whereon the Southside Community Center is located, and
WHEREAS, the lease of this land minimizes certain zoning
deficiencies that currently exist on this site and thereby moves
forward planned renovations and improvements to the building which
may be funded by a grant from the New York State Division for
Youth, now, therefore be it
RESOLVED, that the Common Council authorizes the Mayor to execute
the lease agreement between the city and Southside Community
Center, Inc.
Carried Unanimously
* 18.3 West Hill Master Plan: Postponement of Approval
By Council Member Hoffman: Seconded by Council Member Blanchard
WHEREAS, because of concerns raised about the West Hill Master Plan
by residents of the area around Cliff Street, the acceptance and
approval of this Plan was referred to the Planning and Development
Committee, and
WHEREAS, members of the West Hill Civic Association and
representatives of the Cliff Street neighborhood met with the
Planning and Development Committee to discuss their concerns about
the plan and agree to an acceptance and approval strategy; now,
therefore be it
RESOLVED, that with the concurrence of the West Hill Civic
(6woe Association and Cliff Street residents, the acceptance and approval
of the West Hill Master Plan be delayed in order to resolve the
concerns raised about that Plan by Cliff Street residents subject
to the following conditions:
1. the resolution of these concerns
for the Planning and Development
modifications to the Plan at its
23
shall be completed in time
Board to consider potential
January 1992 meeting,
61
Section
as follows:
1. That Section
30.22, Zoning Map, is hereby amended
That the property occupied by the Southside Community Center
at 305 South
Plain Street as
well as the properties to the north
and south of
said parcel, more
particularly described as Assessment
Parcels 71 -8
-13, 80 -5 -1, -15,
and -16.2 be changed from the R -2b to
P -1 use category.
T_
Section 2. Effective Date.
QD This Ordinance shall take effect immediately and in
Coaccordance with law upon publication and notice as provided in
Section 3.11(B) of the Ithaca City Charter. (Publication date
Z December 10, 1991).
Carried Unanimously
* 18.2 Lease of Southside Community Center Property
By Council Member Hoffman: Seconded by Council Member Johnson
WHEREAS, Southside Community Center, Inc. has agreed to lease to
the city an approximately eleven (11) feet by ninety (90) feet
strip of land that borders the south lot line of the city -owned
property whereon the Southside Community Center is located, and
WHEREAS, the lease of this land minimizes certain zoning
deficiencies that currently exist on this site and thereby moves
forward planned renovations and improvements to the building which
may be funded by a grant from the New York State Division for
Youth, now, therefore be it
RESOLVED, that the Common Council authorizes the Mayor to execute
the lease agreement between the city and Southside Community
Center, Inc.
Carried Unanimously
* 18.3 West Hill Master Plan: Postponement of Approval
By Council Member Hoffman: Seconded by Council Member Blanchard
WHEREAS, because of concerns raised about the West Hill Master Plan
by residents of the area around Cliff Street, the acceptance and
approval of this Plan was referred to the Planning and Development
Committee, and
WHEREAS, members of the West Hill Civic Association and
representatives of the Cliff Street neighborhood met with the
Planning and Development Committee to discuss their concerns about
the plan and agree to an acceptance and approval strategy; now,
therefore be it
RESOLVED, that with the concurrence of the West Hill Civic
(6woe Association and Cliff Street residents, the acceptance and approval
of the West Hill Master Plan be delayed in order to resolve the
concerns raised about that Plan by Cliff Street residents subject
to the following conditions:
1. the resolution of these concerns
for the Planning and Development
modifications to the Plan at its
23
shall be completed in time
Board to consider potential
January 1992 meeting,
61
62
December 4, 1991
2. this delay and potential modifications to the Plan will not
cause a recision of the approvals already granted nor affect
the environmental review for the portion already completed,
3. Planning and Development Department staff will be assigned to
assist the West Hill Civic Association and the Cliff Street
residents with the resolution of the issues raised and with
guiding the potential modifications through the plan approval
process.
Extensive discussion followed on the floor.
A vote on the resolution resulted as follows:
Ayes (9) - Peterson, Cummings, Blanchard, Booth, Daley,
Golder, Schroeder, Romanowski, Johnson
Nay (1) - Hoffman
Carried
Pedestrian Bridge Across Six Mile Creek - Report
Council Member Hoffman reported that the construction of the new
Court Facility is planned to include a pedestrian bridge across Six
Mile Creek connecting to the Woolworth parking lot. The Planning
Committee suggests that an advisory committee work on issues of
exact location and design of the bridge and landscaping and report
back to Council its recommendations.
Northside Park - Report
Council Member Hoffman reported that the Committee has received
proposed boundary descriptions and they have been sent to the Board
of Public Works and to the Parks Commission for their comments on
the boundaries.
INTERGOVERNMENTAL RELATIONS COMMITTEE:
* 19.1 Strand Theater
By Council Member Peterson: Seconded by Council Member Johnson
WHEREAS, the property located at 310 -312 East State Street commonly
known as the Strand Theater has been listed as a local landmark
pursuant to the provisions of the Ithaca Landmark Preservation
Ordinance; and
WHEREAS, the City of Ithaca has received an offer from RHP
Properties, Inc. to purchase the City of Ithaca's interest in the
said premises contingent upon the City rescinding and canceling the
local historic designation currently affecting the property or
authorizing the maximum degree of flexibility with regard to
alteration and /or demolition of the building on the property; and
WHEREAS, the Ithaca Landmarks Preservation Ordinance provides
different standards for the prohibition of demolition of structures
erected on landmark sites depending on whether or not the structure
is commercial property; and
WHEREAS, there are disputes and uncertainty regarding the
commercial nature of the structure located at 310 -312 East State
Street; and
WHEREAS, the Landmarks Preservation Ordinance provides that with
respect to structures which are not owned by the City located on a
landmark site that there shall be no material change in the use or
appearance of such a structure until an appropriate permit has been
issued by the Landmarks Preservation Commission; and
WHEREAS, appeals by any person aggrieved by a ruling or
determination of the Landmarks Preservation Commission are to be
taken to the Common Council of the City of Ithaca; and
24
J
J
63
December 4, 1991
WHEREAS, the Landmarks Preservation Ordinance further provides that
with respect to the plans for the material change of use or
appearance of any improvement or proposed improvement which is
owned by the City and is to be located on a landmark site that
prior to City action approving or otherwise authorizing the use of
such plans that there be a referral to the Landmarks Preservation
Commission for a report, which report is to be submitted to the
Mayor and to the agency having the responsibility for approving or
otherwise authorizing the use of such plans; and
(6wel WHEREAS, there has been a long history of significant efforts to
rehabilitate the property but despite such efforts the building has
been vacant for many years and has and is continuing to
deteriorate; and
WHEREAS, there is a dispute as to the City ownership of the
property known as 310 -312 East State Street, including the fact
that legal title to the property is not currently owned by the City
T-" of Ithaca but that there have been executed unrecorded tax deeds
from the City Chamberlain to the City of Ithaca from 1981 through
(V 1989; and
co
WHEREAS, the City has significant other interests in the premises
Z including, but not limited to, the fact that the Appalachian
Regional Commission has an unrecorded lien on the premises which
the City of Ithaca is responsible for paying and that the location
has unique importance with respect to the Commons and the central
business district and that there are significant unpaid back and
current taxes owed to the City of Ithaca; and
WHEREAS, there has been great public controversy and interest in
the future of the site and the structure currently on the site, and
WHEREAS, before proceeding further with respect to this property
Common Council wishes to obtain as much information as possible;
NOW, THEREFORE, in consideration of the above factors, it is
hereby:
RESOLVED, That due to the above factors, questions regarding or
resulting from the local historic designation shall be considered
as if the property was owned by the City of Ithaca; and it is
further
RESOLVED, That Common Council hereby directs the Landmarks
Preservation Commission to hold a public hearing regarding the
requested rescission of the current designation of the premises as
a local landmark and /or the appropriateness of allowing the
demolition of the structure currently in existence. Such public
hearing shall consider, among other issues, the original rationale
for the designation as a local landmark; to what extent that
rationale currently applies; any other reasons for continuing the
designation of the site as a local landmark; whether prohibition of
demolition would prevent an owner of the property from earning a
reasonable return; whether preservation of the structure would
seriously interfere with the use of the property; whether or not
the structure is capable of conversion to a useful purpose without
excessive costs; whether the cost of maintaining the structure
without use would entail serious expenditure of funds and such
other factors as the Commission deems reasonable and /or
appropriate. The Commission shall cause to be made a transcript of
such public hearing to be distributed to the Common Council of the
City of Ithaca. Following such public hearing the Landmarks
Preservation Commission shall submit to the Common Council of the
City of Ithaca a report outlining the Commission's recommendation
as to the reasonableness of rescinding the local historic
designation and /or the appropriateness of allowing the demolition
of the structure; and it is further
25
MAM
I
December 4, 1991
RESOLVED, That following receipt of such report or recommendations
from the Landmarks Preservation Commission, and the transcript of
the public hearing, Common Council of the City of Ithaca. shall have
authority to order the rescission or continuation of the local
historic designation and shall have further authority to grant
appropriate permits and /or approvals authorizing the demolition of
the structure; and be it further
RESOLVED, That to the extent that, with respect to this unique
site, the Landmarks Preservation Ordinance mandates different
procedures for allowing the rescission of local historic
designation and /or the demolition of a structure, the ordinance is
hereby amended to conform to the above procedure.
Extensive discussion followed on the floor and Council Member Booth
offered the following:
Amending Resolution
RESOLVED, That the First Resolved Clause be deleted and the
following wording be inserted in its place:
"RESOLVED, That due to the above factors Common Council hereby
determines and directs that for the purposes of the City's Landmark
Preservation ordinance (Chapter 32 of the Municipal Code), and only
for such purposes, the government of the City of Ithaca, including
its various Boards and Commissions, shall treat the Strand Theater
property as though said property were owned by the City."
No Council Member objected.
Further discussion followed on the floor.
A vote on the resolution with Council Member Booth's Amending
Resolution resulted as follows:
Ayes (5) - Booth, Peterson, Blanchard, Romanowski, Johnson
Nays (5) - Cummings, Daley, Golder, Schroeder, Hoffman
Mayor Nichols voted aye, breaking the tie.
Carried
REPORT OF SPECIAL COMMITTEES AND COUNCIL LIAISONS:
* 20.1 Conservation Advisory Council - Re- zoning Along Cayuga
Inlet
Council Member Peterson presented the following resolution from the
Conservation Advisory Council regarding re- zoning along Cayuga
Inlet:
"WHEREAS, the Cayuga Inlet Flood Control Channel is an important
recreational resource for residents of, and visitors to Ithaca, and
WHEREAS, the scenic beauty of the strip of land that runs between
Floral Avenue and the Channel contributes significantly to the
enjoyment of those using the stream corridor for boating, fishing,
or walking, and
WHEREAS, part of this strip is maintained by the City as a public
park, and
WHEREAS, the privately owned portions of this area receive drainage
from West Hill, thus slowing down and filtering this runoff, and
WHEREAS, the privately owned portions are currently zoned R -3a,
which could lead to more intensive development of this sensitive
piece of land than is compatible with adjacent uses along the Flood
Control Channel, and
26
December 4, 1991
WHEREAS, the new West Hill Master Plan proposes reducing the
density of R -3a zones (including the above strip) on West Hill to
R -2c, and
WHEREAS, the Conservation Advisory Council feels that R -2c is also
too dense for the above strip of land; now, therefore, be it
RESOLVED, That Common Council change the zoning of the strip of
land between Floral Avenue and the Cayuga Inlet Flood Control
Channel from R -3a to R -la, and be it further
RESOLVED, That Common Council prohibit construction of any
structures within 150 feet of the top of the bank along the
Channel."
Resolution
By Council Member Peterson: Seconded by Council Member Johnson
RESOLVED, That the resolution from the CAC regarding re- zoning
r along Cayuga Inlet be referred to the Planning and Development
Q0 Committee.
N
m Discussion followed on the merits of re- zoning this strip of land.
ZA vote on the resolution to refer to committee resulted as follows:
Ayes (5) - Golder, Schroeder, Johnson, Hoffman, Peterson
Nays (5) - Cummings, Daley, Romanowski, Blanchard, Booth
Mayor Nichols voted nay, breaking the tie.
Motion Fails
Disability Advisory Council
Council Member Golder reported that the DAC has met with staff from
the Department of Public Works regarding snow removal. Plans are
being formulated to attempt to establish a volunteer program to
keep curb cuts free from ice and snow.
NEW BUSINESS•
Annex Disposition Process - Resolution
By Council Member Daley: Seconded by Council Member Cummings
WHEREAS, Common Council of the City of Ithaca has resolved to sell
the City Hall Annex property, tax map parcel no. 70 -5 -24, 123 South
Cayuga Street, and
WHEREAS, the Common Council has authorized the Ithaca Urban Renewal
Agency (IURA) to sell the Annex subject to a number of conditions
including, the price offered, the capability of the proposed
purchaser, the financial resources of the purchaser, and the
proposed reuse of the property, and
WHEREAS, this process has, over the course of the last year, not
yielded sufficient interest in the property; now, therefore, be it
RESOLVED, That the IURA and its Executive Director be authorized to
dispose of the Annex through a sealed bid process subject to the
following:
1. The property be sold to the highest bidder
2. The City reserves the right to reject all bids
3. That any exterior modifications to the property be made
subject to review by the Design Review Board and the
Ithaca Landmarks Preservation Commission,
and be it further
27
65
TO
December 4, 1991
RESOLVED, That in accordance with the requirements of the IURA
"Land Disposition Procedures" no such disposition shall be approved
or executed without the express approval of a majority of the
Common Council.
Mayor Nichols explained the resolution and discussion followed on
the floor.
Council Member Booth suggested that #2 under the First Resolved
Clause read as follows:
"The City reserves the right to reject any bid below $235,000."
There was no second to Council Member Booth's suggested amendment.
Council Member Hoffman suggested that at the end of the last
Resolved Clause, the following words be added ", nor shall the
highest bid be rejected without the approval of Common Council ".
No Council Member objected to the additional wording.
A vote on the Main Motion as modified by Council Member Hoffman
resulted as follows:
Carried Unanimously
Adjournment
On a motion the meeting adjourned at 10:17 p.m.
- '._:�c c ��� 1 ✓' r�C'c� U =7L1- l — l/— — — — — — — — —
i
Callista F. Paolangeli.i Benjamin Nichols
City Clerk Mayor
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