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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. 2 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. t 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. 4 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 5 I I 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 0 19-11 0 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 7 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 7 M 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. 3 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 ri• • 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 10 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 HE it