HomeMy WebLinkAboutMN-CC-1992-07-01 July 1, 1992
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COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 7:00 p.m. July 1, 1992
PRESENT:
Mayor Nichols
Alderpersons (10) - Booth, Efroymson, Johnson, Blanchard, Hoffman,
Daley, Schroeder, Berg, Romanowski, Golder
OTHERS PRESENT:
City Clerk - Paolangeli
City Attorney - Guttman
City Controller - Cafferillo
Planning and Development Director - Van Cort
Police Chief - McEwen
Building Commissioner - Eckstrom
Fire Chief - Olmstead
Superintendent of Public Works - Gray
Youth Bureau Director - Cohen
Board of Public Works Commissioners - Reeves, Brandford
PLEDGE OF ALLEGIANCE:
Mayor Nichols led all present in the Pledge of Allegiance to the
American flag.
MINUTES:
Approval of the Minutes of the June 3, 1992 Common Council Meeting
By Alderperson Daley: Seconded by Alderperson Efroymson
RESOLVED, That the minutes of the June 3, 1992 Common Council
meeting be approved as published.
Carried Unanimously
ADDITIONS TO OR DELETIONS FROM THE AGENDA:
Executive Session
Mayor Nichols requested the addition of an executive session to
discuss contract negotiations.
No Council member objected.
Budget and Administration Committee
Alderperson Booth requested the addition of a Bond Resolution to
the Budget and Administration Committee agenda.
No Council member objected.
SPECIAL ORDER OF BUSINESS:
Public Hearing - An Ordinance Amending Subdivision C of Section
30.26 of Chapter 30 entitled `Zoning' of the City of the City of
Ithaca Municipal Code
Resolution to Open Public Hearing
By Alderperson Hoffman: Seconded by Alderperson Johnson
RESOLVED, That the Public Hearing to consider an Ordinance
amending Subdivision C of Section 30.26 of Chapter 30 entitled
`Zoning' of the City of Ithaca Municipal Code be declared open.
Carried Unanimously
Alderperson Hoffman explained the proposed amending ordinance.
Mr. Mike Balzar, 219 South Albany Street, spoke to Council in
opposition to the proposed amendment to the ordinance.
Resolution to Close Public Hearing
By Alderperson Hoffman: Seconded by Alderperson Berg
RESOLVED, That the Public Hearing to consider an Ordinance
amending Subdivision C of Section 30.26 of Chapter 30 entitled
July 1, 1992
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`Zoning' of the City of Ithaca Municipal Code be declared closed.
Carried Unanimously
Public Hearing - An Ordinance Amending Section 30.49 of Chapter 30
Entitled `Zoning' of the City of Ithaca Municipal Code
Resolution to Open Public Hearing
By Alderperson Daley: Seconded by Alderperson Schroeder
RESOLVED, That the Public Hearing to consider an Ordinance
amending Section 30.49 of Chapter 30 entitled `Zoning' of the City
of Ithaca Municipal Code be declared open.
Carried Unanimously
Alderperson Schroeder explained the proposed amending ordinance.
No one appeared to address Common Council.
Resolution to Close Public Hearing
By Alderperson Romanowski: Seconded by Alderperson Efroymson
RESOLVED, That the Public Hearing to consider an Ordinance
amending Section 30.49 of Chapter 30 entitled `Zoning' of the City
of Ithaca Municipal Code be declared closed.
Carried Unanimously
MAYOR'S APPOINTMENTS:
Advisory Commission on Art and Design for Public Space
By Alderperson Booth: Seconded by Alderperson Johnson
RESOLVED, That the following persons be appointed to the Advisory
Commission on Art and Design for Public Space for the terms as
noted, as requested by Mayor Nichols:
Richard Driscoll, 114 Bank Street, Newfield - three year term
Victoria Romanoff, 112 W. Marshall St., - three year term
William Benson, 415 Hudson St., - two year term
Sally Grubb, 112 Birchwood Drive - two year term
Steven Carver, 805 Mitchell St., - one year term
Carried Unanimously
Disability Advisory Board
By Alderperson Golder: Seconded by Alderperson Efroymson
RESOLVED, That the following persons, as requested by Mayor
Nichols, be re-appointed to the Disability Advisory Board with
terms to expire as noted:
Afi Binta-Lloyd, 201 Cleveland Avenue - three year term
Richard Buckingham, 6 Asbury Drive - three year term
Richard Farruggio, 317 S. Cayuga St. - three year term
Jon W. Merritt, 210 Lake St. - three year term
and that Margaret Mohn, 133 Fayette Street, be appointed as a
member with a term to expire June 30, 1994.
Carried Unanimously
Board of Fire Commissioners
Mayor Nichols reported that the Town of Ithaca has recommended the
appointment of Stuart Grinnell, 528 Warren Road, to replace James
L. Mayer, who has resigned. The term will expire June 30, 1994.
He requested Council approval for the appointment.
Resolution
By Alderperson Johnson: Seconded by Alderperson Daley
RESOLVED, That this Council approves the appointment of Stuart
Grinnell to the Board of Fire Commissioners with a term to expire
June 30, 1994, as requested by the Town of Ithaca.
Carried Unanimously
July 1, 1992
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Planning and Development Board
By Alderperson Johnson: Seconded by Alderperson Hoffman
RESOLVED, That this Council approves the appointment of Pamela
Mackesey, 321 Pleasant Street, to the Planning and Development
Board, to replace Carl Feuer, with a term to expire December 31,
1993, as requested by Mayor Nichols.
Carried Unanimously
Board of Zoning Appeals
By Alderperson Johnson: Seconded by Alderperson Efroymson
RESOLVED, That this Council approves the appointment of Haralyn
Kuckes, 508 North Aurora Street, to the Board of Zoning Appeals,
to replace Barry Strauss, with a term to expire December 31, 1992,
as requested by Mayor Nichols.
Carried Unanimously
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
Problem with Graffiti in West State Street Area
Mr. Peter McChesney, owner of two business properties on West
State Street, spoke to Council regarding the increasing problem
with graffiti in that neighborhood. He stated that he sees this
problem as a big setback to the efforts that Council is making to
improve this area of the City.
Criteria for Community Services Requests
Mr. Richard Driscoll stated his concerns regarding the resolution
on tonight's agenda having to do with the criteria for funding
community services requests by groups that come before its Human
Services Committee for support from the City of Ithaca.
Odd/Even Parking and Automobile Traffic
Mr. Richard Terpening addressed Council regarding the issue of
odd/even parking and automobile traffic. He also asked Council to
re-draft their list of priorities to meet the needs of City
residents.
Citizens to Save Our Parks
Ms. Doria Higgins presented a letter to Common Council regarding
data she believes shows the City-owned Festival Lands is Park
Land. A copy of the letter is on file in the City Clerk's Office.
Traffic Concerns
The following persons spoke to Council regarding their concerns
regarding a proposal to control the flow of traffic throughout the
City:
Stephen Eherhart Mike Balzar
Neil Swartzbach Pat Frantz
Steve Knapp Maryann Burgess Puhalka
GIAC Renovations
Ms. Marcia Forte, GIAC Director, and Susanne Davis, 329A Snyder
Hill Road, spoke to Common Council regarding the GIAC renovations,
in particular shower facilities.
Traffic Problems
Mr. Guy Gerard, Board of Public Works Commissioner, spoke
regarding the street hierarchy plan that the Board of Public Works
is discussing.
July 1, 1992
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RESPONSE TO THE PUBLIC:
Odd/Even Parking/Traffic
Alderpersons Schroeder, Romanowski, and Booth spoke on the matter
of traffic and odd/even parking in the City of Ithaca.
REPORT OF CITY BOARDS, COMMITTEES AND COMMISSIONS:
Board of Public Works
Commissioner Reeves reported on the following items to the
Council:
Parking Changes on Bryant and Fairmount Avenues - The Board has
instituted by resolution No Parking in the 200 block of Bryant
Avenue from 9 a.m. to noon Monday thru Friday; No Parking in the
200 and 300 blocks of Fairmount Avenue from noon to 3 p.m. Monday
thru Friday. Evening parking on Bryant and Fairmount will be on
one side only each night.
City/Town Sewer Service - The Board approved a resolution for a
City/Town sewer service agreement.
Building Department
Building Commissioner Eckstrom gave the Council a short report on
the recent program to enforce zoning occupancy limits. He asked
the Council to recognize the exceptional work of two of his staff
members; Housing Inspectors Kathleen Decker and Bob Ripa. He
stated that their work on the occupancy violation enforcement
project, which began early this year, resulted in successful
prosecution of seven cases by Assistant City Attorney Pat Kennedy.
Public Transportation Center
Alderperson Blanchard referred to a memo that she sent to Council
members regarding the Operations Committee for the Public
Transportation Center. She asked Council to pay particular
attention to the part of the memo that mentions staffing of the
facility and how they are approaching the cost allocations formula
for the charges within the facility.
Ms. Blanchard also explained how the bus systems are being
integrated. She reminded Council members to mark their calendars
for September 17th, which will be the gala opening of the
facility.
COMMUNICATIONS FROM THE MAYOR:
Police Community Relations Task Force
Mayor Nichols reported that the task force is at work and is going
along very well.
Municipal Pool - GIAC
Mayor Nichols reported that with the approval of the GIAC Board
and the Board of Public Works the new municipal pool will be named
for Alex Haley.
Cass Park Pool Rates
Mayor Nichols referred to the rates that are being charged to use
the Cass Park Pool. He stated he has had several complaints and
suggested that the City consider lowering the rates.
Youth Director Cohen stated that if we do not do something we will
be losing, not gaining, revenue. So far this year we have a
$7,000 shortfall.
Mr. Cohen answered questions from Council members regarding use of
the pool.
July 1, 1992
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CITY ATTORNEYS REPORT:
Cases in City Court
City Attorney Guttman reported that there are presently two cases
in City Court regarding compliance.
Weisburd Development
City Attorney Guttman reported that the petitioners in that matter
have filed a Notice of Appeal to the New York State Appellate
Court.
Mental Health Building Parking Agreement
City Attorney Guttman reported that Council authorized the Mayor
to enter into an agreement with the County regarding the parking
at the Mental Health building and that agreement has now been
signed by both the City and the County.
BUDGET AND ADMINISTRATION COMMITTEE:
* 15.1 Planning Department/Youth Bureau - Request to Increase
Authorization for GIAC Renovations Capital Project #242
By Alderperson Booth: Seconded by Alderperson Johnson
WHEREAS, bids received on May 28, 1992 for the GIAC Building
Renovations Project exceeded the maximum authorized cost for said
project, and
WHEREAS, the Client Committee has reviewed the bids and
recommended that the low base bid and alternates A1, A2, E1, E2,
H1, H2 and H3 be accepted, thereby increasing the project by
$91,577; now, therefore, be it
RESOLVED, That Capital Project #242 be increased from $565,100 to
a maximum authorized cost of $656,677, and be it further
RESOLVED, That the additional $91,577 required to complete said
project shall be financed by the issuance of serial bonds.
Carried Unanimously
* 15.2 Youth Bureau - Request to Amend 1992 GIAC Budget
By Alderperson Booth: Seconded by Alderperson Efroymson
WHEREAS, the Greater Ithaca Activities Center will receive a
$1,176.00 Grant from Cornell University sponsored by the
Consortium for Minorities in the Skilled Trades and Occupations,
and
WHEREAS, this grant will provide the opportunity for middle school
young people to participate in a two week summer program at BOCES;
now, therefore, be it
RESOLVED, That the 1992 Budget be amended for said Grant, as
follows:
REVENUES
Increase Account A2070 Contributions for Youth
$1,176.00
APPROPRIATIONS
Increase Account A7311-435 Contracts
$1,176.00
Carried Unanimously
* 15.3 Youth Bureau - Request to Amend 1992 Budget and Personnel
Roster
By Alderperson Booth: Seconded by Alderperson Efroymson
WHEREAS, the Youth Bureau would like to reorganize the staffing
for the One-to-One Program to save money, reduce the size of the
July 1, 1992
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roster and maintain or increase the number of young people served
in the program; now, therefore, be it
RESOLVED, That the Youth Bureau Personnel Roster be amended as
follows:
A.Delete One (1) part-time Youth Worker position (25 hours/week).
B.Increase the hours on one (1) Administrative Assistant position
from 20 hours/week to 35 hours/week.
C.Increase the hours of one (1) Youth Worker position from 35
hours/week to 40 hours/week.
D.Increase the hours of one (1) Volunteer Coordinator position
from 35 hours/week to 40 hours/week,
and be it further
RESOLVED, That $11,071 be transferred from Account 7310-120 Hourly
Part-time to Account A7310-110 Staff to provide funding for the
amended positions.
Carried Unanimously
* 15.4 DPW - Request to Approve Contract for Sale of Bricks
By Alderperson Booth: Seconded by Alderperson Efroymson
WHEREAS, the City Landmarks Preservation Commission has issued to
Robert Flumerfelt of Paolangeli Contractors a certificate of
appropriateness for the use of historical used bricks belonging to
the City to construct two crosswalks on the Cornell campus; now,
therefore, be it
RESOLVED, That Common Council approves and authorizes the
Superintendent of Public Works to sign the agreement between the
City and Robert Flumerfelt for the sale of these bricks.
Carried Unanimously
* 15.5 DPW - Request to Approve Contract for Sale of Bricks
By Alderperson Booth: Seconded by Alderperson Johnson
WHEREAS, the City Landmarks Preservation Commission has issued to
Michael Cannon a certificate of appropriateness for the use of
historical used bricks belonging to the City to construct at 409
West Buffalo Street a driveway which is visible from the public
right-of-way; now, therefore, be it
RESOLVED, That Common Council approves the authorizes the
Superintendent of Public Works to sign the agreement between the
City and Michael Cannon for the sale of these bricks.
Carried Unanimously
* 15.6 Planning Department - Request to Approve Construction
Management Contract for GIAC Renovations Project
By Alderperson Booth: Seconded by Alderperson Johnson
RESOLVED, That the construction management services for the GIAC
Building Renovations Project be provided by the Sear Brown Group
for a fee not to exceed $15,000 inclusive of all reimbursable
costs, and be it further
RESOLVED, That the Mayor, Chair of the Budget and Administration
Committee, the Superintendent of Public Works, City Attorney and
City Controller be authorized to execute said agreement.
Discussion followed on the floor with City Attorney Guttman and
Superintendent Gray answering questions from Council members.
A vote on the resolution resulted as follows:
July 1, 1992
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Carried Unanimously
* 15.7 DPW - Request Funds for Odd/Even Signage
By Alderperson Booth: Seconded by Alderperson Berg
WHEREAS, the Department of Public Works has been directed to
upgrade odd/even signage at the City's boundaries by City Judge
John Sherman, and
WHEREAS, this requires the purchase of oversize signs which cannot
be fabricated by the Department; now, therefore, be it
RESOLVED, That $2,500.00 be transferred from Account A1990
Unrestricted Contingency to Account A3311-477 Equipment Parts for
the purchase of these materials and directs staff to provide
installation in time for the fall semester.
Carried Unanimously
* 15.8 DPW - Request Amendment to City Court Facility Project
Construction Management Agreement
By Alderperson Booth: Seconded by Alderperson Blanchard
WHEREAS, Lehrer, McGovern, Bovis, Inc. has provided construction
management services during the prebid and bidding phases relating
to the new City Court Facility, and Police Department Renovations;
now, therefore, be it
RESOLVED, That the agreement with Lehrer, McGovern, Bovis, Inc.
for Construction Management Services be amended to include
services during construction, as outlined in the amendment to the
existing agreement, at a cost not to exceed $20,000 and that the
source of funds be derived from existing monies in Capital Project
#242, and be it further
RESOLVED, That the Mayor, Chair of Budget and Administration
Committee, Superintendent of Public Works, City Attorney and City
Controller be authorized to sign the amendment to the agreement.
Carried Unanimously
* 15.9 DPW - Request Amendment to City Court Facility Project
Contract Administration Agreement
By Alderperson Booth: Seconded by Alderperson Blanchard
WHEREAS, Perkins, Eastman, and Partners have provided all
architectural design services to date relating to the new City
Court Facility and Police Department renovations; now, therefore,
be it
RESOLVED, That the existing agreement with Perkins, Eastman, and
Partners be amended to include contract administration at a cost
not to exceed $45,000 and that the source of funds be derived from
existing monies in Capital Project #242, and be it further
RESOLVED, That the Mayor, Chair of Budget and Administration
Committee, the Superintendent of Public Works, City Attorney and
City Controller be authorized to sign the amendment to the
agreement.
Discussion followed on the floor and City Attorney Guttman
answered questions from Council.
A vote on the resolution resulted as follows:
Carried Unanimously
*15.10 DPW - Request to Extend Hours for Fee Collection in City
Parking Lots and Garages
By Alderperson Booth: Seconded by Alderperson Berg
WHEREAS, a study done last year under the direction of the Board
of Pubic Works showed extensive use of the City's parking lots and
July 1, 1992
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garages by daytime parkers who left the lots after the attendants
went off duty or by drivers who parked in the lots and garages
overnight and left before the attendant came on duty, and
WHEREAS, the Board would like to ensure that all persons who use
the City's lots and garages for parking are charged fairly for the
service they have received; now, therefore, be it
RESOLVED, That the Common Council authorizes the Board of Public
Works to extend the hours for which parking is charged to 2:00
a.m. through 6:30 p.m., Monday through Friday, with no charge for
parking between the hours of 6:30 p.m. and 2:00 a.m., or at any
time on Saturday and Sunday, and be it further
RESOLVED, That Common Council hereby authorizes the Board to
extend the hours during which an attendant shall be present to
collect said charges in City lots and garages to approximately
8:00 a.m. through approximately 8:00 p.m., and be it further
RESOLVED, That the Department of Public Works be authorized to
hire three part-time employees to cover the additional four hours
per day, the cost of which shall be derived from increased parking
revenues as follows:
Increase A980-1720 Revenue From Parking Lots
and Garages $8,800
To cover the following increases in part-time
labor costs:
Increase A5652-120 Seneca Street Ramp
Part-time hourly salaries
$4,400
Increase A5653-120 Green Street Ramp
Part-time hourly salaries
$4,400
and be it further
RESOLVED, That Common Council authorizes the Board to implement
these changes effective July 1, 1992 or as soon as possible, and
be it further
RESOLVED, That this program be approved for a period of 120 days,
during which time the Board shall monitor its effectiveness and at
the end of 90 days the Board shall report back to the Budget and
Administration Committee for further direction.
Motion to Refer Back to Committee
By Alderperson Daley: Seconded by Alderperson Blanchard
RESOLVED, That the resolution to consider extending the hours in
City Parking Lots and Garages be referred back to the Budget and
Administration Committee with the directive that they not include
over night charges as a way of making this plan work and that the
Board come back to Council once they have reformulated the plan.
Extensive discussion followed on the floor with Commissioner
Reeves and Supt. Gray answering questions from Council.
A vote on the motion to refer resulted as follows:
Ayes (1) - Daley
Nays (9) - Blanchard, Booth, Romanowski, Efroymson, Golder,
Hoffman, Berg, Johnson, Schroeder
Motion Fails
Main Motion
Further discussion followed regarding the Main Motion.
July 1, 1992
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A vote on the main motion resulted as follows:
Ayes (9) - Romanowski, Blanchard, Hoffman, Efroymson, Johnson,
Berg, Golder, Schroeder, Booth
Nays (1) - Daley
Carried
* 15.11 DPW - Request Approval for Summer in the City Program
By Alderperson Booth: Seconded by Alderperson Daley
WHEREAS, the closing of the Green Street Garage and construction
of the new Court and Police Facility will result in a loss of
about 500 public parking spaces from June 15, 1992 until August
15, 1992, and
WHEREAS, the Board of Public Works would like to maximize
participation in the summer in the City Program designed to
promote physical activity and encourage alternate means of
commuting to work, including walking, bicycling, park and walk,
and park and ride; now, therefore, be it
RESOLVED, That the City will donate eight prizes for one winning
team of members, each winner to choose among a full season pass
for the Cass Park Rink, Cass Park Pool (1993), or Willow Avenue
Golf Course (1993).
Ayes (0)
Nays (10) - Booth, Berg, Schroeder, Hoffman, Daley, Golder,
Efroymson, Blanchard, Romanowski, Johnson
Motion Fails
* 15.12 DPW - Request to Replace Crosswalk Striping Machine
By Alderperson Booth: Seconded by Alderperson Romanowski
WHEREAS, the current striping machine used by the DPW Traffic
Control Section has failed and is in need of replacement to
complete this season's striping work, and
WHEREAS, the repair of the current striping machine is not cost
effective and this machine is scheduled for replacement in 1993;
now, therefore, be it
RESOLVED, That the DPW be authorized to purchase a new striping
machine at a cost not to exceed $4,300.00, and be it further
RESOLVED, That the funds for said purchase be derived from
existing funds in Capital Project #254 DPW Equipment.
Carried Unanimously
* 15.13 Finance Department/Clerk - Request to Amend the 1992
Budget
By Alderperson Booth: Seconded by Alderperson Golder
WHEREAS, the City has received notification of an award from the
New York State Education Department Division of Archives and
Records Management of the 1992-93 Records Management Grant in the
amount of $21,382.; now, therefore, be it
RESOLVED, That the 1992 Budget be amended as follows, to reflect
the continuation of said program from July 1, 1992 through
December 31, 1992:
Increase Revenue Account A3060 State Aid for
Records Management Programming $21,382.20
Increase Appropriations Accounts
A1460-110 2,000.00
A1460-435 19,110.00
A1460-425 214.70
A1460-445 57.50
Total
July 1, 1992
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$21,382.20
Carried Unanimously
* 15.14 DPW - Request to Amend 1992 Personnel Roster
By Alderperson Booth: Seconded by Alderperson Blanchard
RESOLVED, That the Board of Public Works is hereby authorized to
fill the position of Working Supervisor in the sign shop at an
annual salary not to exceed $28,371 effective July 6, 1992.
Carried Unanimously
* 15.14a - DPW
By Alderperson Booth: Seconded by Alderperson Berg
RESOLVED, That the Board of Public Works is hereby authorized to
fill the position of Meter Servicer at an annual salary not to
exceed $17,139., effective July 6, 1992.
Carried Unanimously
* 15.14b - DPW
By Alderperson Booth: Seconded by Alderperson Schroeder
WHEREAS, the position of Motor Equipment Supervisor was not funded
in the 1992 General Fund Budget, and
WHEREAS, the Board of Public Works has recommended that a
maintenance position in the sign shop be eliminated, and, that the
current funding for the departmental storekeeper position be
transferred to the appropriate budget line, in the interest of
funding said Motor Equipment Supervisor position; now, therefore,
be it
RESOLVED, That the Board of Public Works is hereby authorized to
fill the position of Motor Equipment Supervisor at an annual
salary not to exceed $29,982., effective July 6, 1992, and be it
further
RESOLVED, That the required funding for the balance of 1992 be
provided by the following transfers within the Department of
Public Works' Budget:
Transfer from Account A3311-115 $ 4,325
A5132-110 10,090
Transfer to Account A5132-105 $14,415
Carried Unanimously
* 15.15 DPW - Request to Promote Senior Typist
By Alderperson Booth: Seconded by Alderperson Johnson
RESOLVED, That Donna Payne be provisionally appointed to the
position of Administrative Secretary in the Department of Public
Works at an annual salary of $19,690., which is Step Four on the
1992 Salary Schedule for employees not covered by a bargaining
unit, effective July 6, 1992.
Carried Unanimously
* 15.16 - Finance Department/Personnel - Request for Employee
Incentive Award
By Alderperson Booth: Seconded by Alderperson Berg
WHEREAS, the City Controller and the Personnel Administrator have
recommended Principal Account Clerk Roxie Carman for an employee
incentive award pursuant to the terms of the CSEA Administrative
Unit Contract, and
WHEREAS, the City Controller and the Personnel Administrator have
provided the Budget and Administration Committee with substantial
justification for granting this employee incentive award, and
WHEREAS, the City Controller's and Personnel Administrator's
recommendation complies with procedures and guidelines outlined in
the CSEA Administrative Unit Contract; now, therefore, be it
July 1, 1992
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RESOLVED, That Roxie Carman's salary be increased by four (4%)
percent to an annual salary of $23,322., effective June 17, 1992,
and be it further
RESOLVED, That the funding for such increase shall be derived from
the Unrestricted Contingency Account.
Ayes (6) - Romanowski, Berg, Hoffman, Schroeder, Booth, Daley
Nays (4) - Blanchard, Efroymson, Johnson, Golder
Carried
Alderpersons voting against this resolution explained that this is
not a vote against the person but is due to budget constraints.
*15.17 Finance Department/Controller - Request to Amend 1992
Budget to Offset Budget Shortfalls
By Alderperson Booth: Seconded by Alderperson Blanchard
WHEREAS, the State of New York has reduced the City's 1992-93
State Revenue Sharing allocation by $129,726., and
WHEREAS, the establishment of a Regional Metropolitan Planning
Organization (MPO), qualifies the City for an unanticipated
increased operating assistance subsidy, under the Federal Section
9 Program; now, therefore, be it
RESOLVED, That the 1992 General Fund Budget be amended as follows
to reflect the aforementioned aid adjustments:
Increase A980-3589 Transit Operating
Subsidy $129,726
Decrease A980-3001 State Revenue
Sharing $129,726
City Controller Cafferillo explained the resolution.
A vote on the resolution resulted as follows:
Carried Unanimously
Audit
By Alderperson Booth: Seconded by Alderperson Daley
RESOLVED, That the bills presented, as listed on Audit Abstract
12/1992 in the total amount of $34,753.11 be approved for payment.
Carried Unanimously
* 15.19 Bond Resolution
By Alderperson Booth: Seconded by Alderperson Johnson
BOND RESOLUTION DATED JULY 1, 1992.
A RESOLUTION AUTHORIZING THE ISSUANCE OF $601,577 SERIAL BOND OF
THE CITY OF ITHACA, TOMPKINS COUNTY, NEW YORK, TO PAY ADDITIONAL
COSTS OF VARIOUS CAPITAL IMPROVEMENTS AND AMENDING THE BOND
RESOLUTION OF SAID CITY DATED JUNE 5, 1991 TO PROVIDE FOR AN
ADDITIONAL $2,423 SERIAL BONDS AND THE REDUCTION OF $2,423 MONIES
FOR THE CAPITAL IMPROVEMENT WHOSE FINANCING IS AUTHORIZED THEREIN.
WHEREAS, by bond resolutions dated March 1, 1989, February 6,
1991, June 5, 1991 and February 2, 1992, the Common Council of the
City of Ithaca, Tompkins County, New York, authorized various City
improvements and the financing thereof; and
WHEREAS, it has now been determined that such authorizations and
the amount of obligations to be issued for certain of such capital
improvements should be increased; and
July 1, 1992
12
WHEREAS, it is now desired to so provide; NOW, THEREFORE, BE IT
RESOLVED, by the Common Council of the City of Ithaca, Tompkins
County, New York, as follows:
Section 1. For the specific object of purpose of paying
additional costs of the capital improvements specified in Section
2 hereof, there are hereby authorized to be issued $601,577 serial
bonds pursuant to the provisions of the Local Finance Law.
Section 2. The capital improvements in and for the City of
Ithaca, Tompkins County, New York, for which such additional
serial bonds, and the maximum estimated cost of each of such
capital improvements are as follows:
a) The payment of the cost of computer equipment for said
City, a class of objects or purposes, at a maximum
estimated cost of $58,000;
b) The reconstruction of the City's Greater Ithaca Activities
Center Building located at 318 North Albany Street in
Ithaca, New York, a specific object or purpose, at a
maximum estimated cost of $656,677; and
c) The construction of a new Court Facility or the
reconstruction of the existing Hall of Justice, a specific
object or purpose, at a maximum estimated cost of
$2,972,423.
Section 3. The plan for the financing of each of the specific
objects or purposes or classes of objects or purposes set forth in
Section 2 hereof shall consist of the issuance of the serial bonds
and the expenditure of monies, pursuant to the bond resolutions
set forth in the preambles hereof and by the issuance of the
$601.577 serial bonds of said City authorized to be issued
pursuant to this bond resolution, which additional serial bonds
shall be allocated as follows:
a. $10,000 serial bonds shall be allocated to pay additional
costs of the purchase of computer equipment for said City,
a class of objects or purposes described in subdivision a
of Section 2 hereof;
b. $91,577 serial bonds to pay additional costs of the
reconstruction of the City's Greater Ithaca Activities
Center Building described in subdivision b of Section 2
hereof;
c. $500,000 to pay additional costs of the construction of
the new court facility or reconstruction of the existing Hall
of Justice described in subdivision c of Section 2 hereof.
The bond resolution of June 5, 1991 for additional costs of
the project for the construction of a new Court Facility or
reconstruction of the existing Hall of Justice, authorizing the
issuance of an additional $570,000 serial bonds and the
expenditure of an additional $30,000 monies from the Capital
Reserve Fund for Energy Improvements is hereby amended to provide
for the issuance of an additional $572,423 serial bonds and the
expenditure of an additional $27,577 monies from said Reserve
Fund.
Section 4. The periods of probable usefulness of the capital
improvements described in Section 2 hereof shall be as set forth
in the bond resolutions described in the preambles hereof,
computed from the date of issuance of the first obligation issued
July 1, 1992
13
for each of such capital improvement; provided, however, with
regard to the capital improvement described in subdivision a) of
Section 2 hereof that the period of probable usefulness shall be
five years pursuant to subdivision 32 of paragraph a of Section 11
of the Local Finance Law calculated from the date of issuance of
the first obligations pursuant to this bond resolution, said
additional cost being related to additional equipment.
Section 5. Subject to the provisions of the Local Finance
Law, the power to authorize the issuance of and to sell bond
anticipation notes in anticipation of the issuance and sale of the
serial bonds herein authorized, including renewals of such notes,
is hereby delegated to the City Controller, the chief fiscal
officer. Such notes shall be of such terms, form and contents,
and shall be sold in such manner, as may be prescribed by said
City Controller, consistent with the provisions of the Local
Finance Law.
Section 6. Such bonds, including serial bonds authorized by
the bond resolutions set forth in the preambles hereof, shall be
in fully registered form and shall be signed in the name of the
City of Ithaca, Tompkins County, New York, by the manual or
facsimile signature of the City Controller and a facsimile of its
corporate seal shall be imprinted thereon and attested by the
manual or facsimile signature of the City Clerk.
Section 7. The powers and duties of advertising such bonds,
including the serial bonds authorized by the bond resolutions set
forth in the preambles hereof, for sale, conducting the sale and
awarding the bonds, are hereby delegated to the City Controller,
who shall advertise such bonds for sale, conduct the sale, and
award the bonds in such manner as he or she shall deem best for
the interests of the City; provided, however, that in the exercise
of these delegated powers, he or she shall comply fully with the
provisions of the Local Finance Law and any order or rule of the
State Comptroller applicable to the sale of municipal bonds. The
receipt of the City Controller shall be a full acquittance to the
purchaser of such bonds, who shall not be obliged to see to the
application of the purchase money.
Section 8. All other matters, except as provided herein
relating to such bonds, including the serial bonds authorized by
the bond resolutions set forth in the preambles hereof, including
prescribing whether manual or facsimile signatures shall appear on
said bonds, prescribing the method for the recording of ownership
of said bonds appointing the fiscal agents or agent for said
bonds, providing for the printing and delivery of said bonds (and
if said bonds are to be executed in the name of the City by the
facsimile signature of the City Controller providing for the
manual countersignature of a fiscal agent or of a designated
official of the City), the date, denominations, maturities and
interest payment dates, place or places of payment, and also
including the consolidation with other issues, shall be determined
by the City Controller. It is hereby determined that it is to the
financial advantage of the City not to impose and collect from
registered owners of such serial bonds any charges for mailing,
shipping and insuring bonds transferred or exchanged by the fiscal
agent, and, accordingly, pursuant to paragraph c of Section 70.00
of the Local Finance Law, no such charges shall be so collected by
the fiscal agent. Such bonds shall contain substantially the
recital of validity clause provided for in section 52.00 of the
Local Finance Law and shall otherwise be in such form and contain
such recitals in addition to those required by section 52.00 of
the Local Finance Law, as the City Controller shall determine.
Section 9. This resolution shall constitute a statement of
official intent for the purposes of Treasury Regulations Section
July 1, 1992
14
1.103 - 18(f). Other than as specified in this resolution, no
monies are, or are reasonably expected to be, reserved, allocated
on a long-term basis, or otherwise set aside with respect to the
permanent funding of the object or purpose described herein.
Section 10. The validity of such bonds and bond anticipation
notes may be contested only if:
1) Such obligations are authorized for an object or purpose
for which said City is not authorized to expend money, or
2) The provisions of law which should be complied with at the
date of publication of this resolution are not substantially
complied with,
and an action, suit or proceeding contesting such validity is
commenced within twenty days after the date of such publication,
or
3) Such obligations are authorized in violation of the
provisions of the Constitution.
Section 11. This resolution, which takes effect immediately,
shall be published in full in the Ithaca Journal, the official
newspaper, together with a notice of the City Clerk in
substantially the form provided in Section 81.00 of the Local
Finance Law.
The foregoing resolution was voted on by a roll call vote which
resulted as follows:
Blanchard - Aye Romanowski - Aye
Efroymson - Aye Daley - Aye
Booth - Aye Schroeder - Aye
Golder - Aye Hoffman - Aye
Berg - Aye Johnson - Aye
Ayes (10)
Carried Unanimously
Executive Session
By Alderperson Berg: Seconded by Schroeder
RESOLVED, That Council adjourn into executive session to discuss
labor negotiations.
Regular Session
Common Council meeting reconvened in regular session at 9:45 p.m.
Recess
Common Council recessed at 9:46 p.m. and reconvened in regular
session at 10:00 p.m.
NEW BUSINESS:
Task Force on Traffic Issues
By Alderperson Daley: Seconded by Alderperson Schroeder
WHEREAS, the Board of Public Works has begun discussions of
traffic problems in the City of Ithaca and, as a result of these
discussions, has suggested an approach to traffic control that has
been referred to as the street hierarchy concept, and
WHEREAS, the street hierarchy concept has generated a considerable
amount of public comment, interest and concern; now, therefore, be
it
July 1, 1992
15
RESOLVED, That the Common Council recommends that the Board of
Public Works establish a Community Task Force on Traffic Issues to
recommend ways to ameliorate the harmful effects of traffic so as
to benefit every City neighborhood, such task force to represent a
broad cross section of the public, at least one-half of whom live
on streets with heavy traffic, and also include representation
from the Board, from the Community Police Board and other
appropriate City boards and commissions, and be it further
RESOLVED, That Council requests that the Board, prior to approving
any requests for traffic controls, evaluate the broader impact of
the proposed controls on residents of neighboring streets, and
make this evaluation according to the principle that one
neighborhood shall not be sacrificed to benefit another, and be it
further
RESOLVED, That Council requests the Board, prior to approving any
requests for traffic controls, to notify those Common Council
members whose wards are within 1000 feet of any proposed control
at least two weeks before the meeting at which any such change in
traffic controls will be discussed.
Motion to Substitute
By Alderperson Berg: Seconded by Alderperson Johnson
RESOLVED, That a substitute resolution be placed before the
Council for discussion.
Carried Unanimously
The substitute resolution is as follows:
WHEREAS, the Board of Public Works has begun discussion of traffic
and parking problems in the City of Ithaca, and as a result of
these discussions, has suggested a concept for discussion purposes
to address traffic and parking control issues, said concept having
been referred to as the street hierarchy system, and
WHEREAS, the street hierarchy concept has generated a considerable
amount of public comment, interest and concern; now, therefore, be
it
RESOLVED, That Common Council requests that the Board, prior to
approving any requests for traffic controls and parking regulation
modifications, evaluate the broader impact of the proposed
controls on residents of neighboring streets, and be it further
RESOLVED, That until Common Council and the Board of Public Works
adopts an official City policy on this issue, the Board is
requested not to use the "street hierarchy concept" in making
decisions regarding the installation of traffic control devices
and/or modification of parking regulations.
Alderperson Romanowski suggested that in the first Resolved
Clause, (in the substitute resolution) the words "proposed
controls on residents of neighboring streets" be deleted and the
words "and make this evaluation according to the principle that
one neighborhood shall not be sacrificed for the benefit of
another."
Council agreed to accept Alderperson Romanowski's amendment.
Extensive discussion followed on the floor with Police Chief
McEwen, Board of Public Works Commissioners Brandford and Reeves
addressing Council.
Alderperson Booth asked that the word "residents" in the last line
July 1, 1992
16
of the first Resolved in the substitute resolution be removed.
No Council member objected.
A vote to substitute Alderperson Berg's resolution which includes
Alderperson Romanowski's amendment resulted as follows:
Ayes (8) - Blanchard, Romanowski, Efroymson, Johnson, Booth,
Golder, Hoffman, Berg
Nays (2) - Daley, Schroeder
Carried
Amending Resolution
By Alderperson Hoffman: Seconded by Alderperson Golder
RESOLVED, That in the first Resolved Clause, the words "and make
this evaluation according to the principle that one neighborhood
shall not be sacrificed for the benefit of another" be deleted.
Ayes (7) - Daley, Efroymson, Golder, Hoffman, Booth, Johnson,
Berg
Nays (3) - Romanowski, Blanchard, Schroeder
Carried
The Main Motion as Amended shall read as follows:
WHEREAS, the Board of Public Works has begun discussion of traffic
and parking problems in the City of Ithaca, and as a result of
these discussions, has suggested a concept for discussion purposes
to address traffic and parking control issues, said concept having
been referred to as the street hierarchy system, and
WHEREAS, the street hierarchy concept has generated a considerable
amount of public comment, interest and concern; now, therefore, be
it
RESOLVED, That Common Council requests that the Board, prior to
approving any requests for traffic controls and parking regulation
modifications, evaluate the broader impact of the proposed
controls on neighboring streets, and be it further
RESOLVED, That until Common Council and the Board of Public Works
adopts an official City policy on this issue, the Board is
requested not to use the "street hierarchy concept" in making
decisions regarding the installation of traffic control devices
and/or modification of parking regulations.
Resolution
A vote on the resolution resulted as follows:
Ayes (6) - Johnson, Booth, Golder, Hoffman, Berg, Efroymson
Nays (4) - Daley, Romanowski, Blanchard, Schroeder
Carried
Motion to Refer to Committee
By Alderperson Daley: Seconded by Alderperson Johnson
RESOLVED, That Council direct the Planning and Development
Committee to look into the idea of a task force on traffic and to
report back to Council on its recommendation.
Ayes (9) - Daley, Johnson, Booth, Efroymson, Blanchard,
Romanowski, Schroeder, Golder, Hoffman
Nay (1) - Berg
Carried
HUMAN SERVICES COMMITTEE:
Police Department Minority Community Relations
Alderperson Johnson reported that it has been rewarding to see how
July 1, 1992
17
many people have come out to work on the various committees and
the zeal with which they are working in order to reach a target
date of coming back with a report by September.
Group Home Locations and City Policies
Alderperson Johnson reported that the committee has received a
very thorough report from Asst. Attorney Kennedy. It was
discovered that some of our City Zoning Ordinances are in conflict
with what State law requires. The Human Services Committee will be
talking with the Planning and Development Committee about changes
that will probably have to be made with the City's Zoning
Ordinances.
Fire Department Staffing/Volunteers
Alderperson Johnson reported that the Board of Fire Commissioners
has come before the committee and informed them that they are
short staffed and that being without a Training Officer has meant
that the Board of Fire Commissioners has established a freeze on
recruiting volunteers. The Fire Chief will be coming back to the
committee with more specific information that the committee will
review.
Ethics Report
Alderperson Johnson reported that Alderperson Efroymson has a copy
of the Town of Ithaca Ethics Legislation and the committee has
begun discussion on this matter.
Affirmative Action Advisory Committee
By Alderperson Johnson: Seconded by Alderperson Golder
WHEREAS, it is to the benefit of the City of Ithaca to employ a
workforce that accurately reflects the diversity of its
population, and
WHEREAS, the City of Ithaca has adopted an affirmative action
program to achieve this diversity; now, therefore, be it
RESOLVED, That the Vacancy Review Committee shall, when reviewing
requests to fill vacant positions, advise each department of its
affirmative action obligations, taking into consideration the
affirmative action employment data for the department in which the
vacancy exists, and be it further
RESOLVED, That if a department is below the Tompkins County labor
force percentage for the employment of minorities and/or women,
the Vacancy Review Committee shall withhold approval for filling a
vacancy until such time as the candidate pool includes a
reasonable number of competitively qualified minority and/or
female candidates, or until such time as the department head is
able to demonstrate to the Committee that a sincere and concerted
effort has been made to recruit or promote such candidates, and be
it further
RESOLVED, That the Vacancy Review Committee shall require a
department head to return to the Committee prior to appointing
his/her choice of candidate, if the department is below the
Tompkins County labor force percentage for the employment of
minorities and/or women, and if, following the required
recruitment or promotion efforts, the department head does not
intend to appoint a minority or female candidate, and be it
further
RESOLVED, That the Personnel Administrator or his/her delegate
shall act as liaison between the Affirmative Action Advisory
Committee and the Vacancy Review Committee for the purpose of
aiding the Vacancy Review Committee in evaluating the status of
July 1, 1992
18
each City department as it relates to affirmative action efforts
and employment data, and be it further
RESOLVED, That the Personnel Administrator or his/her delegate
shall also be available to assist department heads in evaluating
their departmental employment data and in planning recruitment
strategies, if necessary.
Discussion followed regarding how recruitment will be handled.
City Attorney Guttman stated he believes there could be a problem
in the third Resolved Clause with some of the wording. He asked
the minutes reflect that the intent of this Resolved clause is to
state that if the Department is below the appropriate percentage
for women, they must return to the Vacancy Committee if they are
not appointing a woman. Similarly, if they are below the
appropriate percentage of minority candidates, they must return to
the Vacancy Committee if they are not appointing a minority
candidate.
Ayes (9) - Blanchard, Efroymson, Daley, Johnson, Booth,
Schroeder, Golder, Hoffman, Berg
Nay (1) - Romanowski
Carried
Criteria for Funding Community Services
By Alderperson Johnson: Seconded by Alderperson Efroymson
WHEREAS, the City of Ithaca has in the past appropriated funds to
agencies for cultural enrichment, economic promotion, and other
purposes aside from human services, and
WHEREAS, the Common Council intends that all such requests be
subject to a standardized review process; now, therefore, be it
RESOLVED, That a review committee consisting of three Common
Council members appointed by the Mayor and assisted by the staff
of the Planning Department and Finance Department be established
to review all 1992 requests for non-mandated city funding from
private, non-profit agencies that are not subject to Human
Services Coalition review, and be it further
RESOLVED, That the following requirement and criteria shall be
applied to all such requests:
Requirements
1.All applications for 1993 funding must be submitted in writing
to the City Controller by July 17, 1992.
2.An application may be reviewed either through the Human Services
Coalition review for human services proposals or through the
process described here for other proposals, but not both.
3.Each application must include a statement that explains how the
activity proposed for city funding will benefit the social,
cultural, economic, and/or environmental well-being of city
residents, in terms as specific as possible; what groups will
be served; how many people will be benefitted; what will be
the duration of the benefit.
4.If more than 5% of those served by the proposed activity are not
city residents, the applicant must also request funding from
the county and/or appropriate towns. The funding requested
of the county shall be at least twice as great as the city
request. (This requirement is in force only when proposed
July 1, 1992
19
activities serve other than City residents of Tompkins
County.)
5.Each application must include: budgets for 1991 and 1992;
financial reports from 1989 and 1990; enumeration of other
funding sources.
Criteria
The review committee shall award points for the degree to which
the proposed use of city funds meets each of the following
criteria. If the applicant does not supply sufficient information
for the committee to make a judgment, the proposal shall receive
zero points in each such case.
1.The proposed activity will benefit the social, cultural,
economic and/or environmental well-being of residents of the
City of Ithaca.
1 - 5 points (changed to 1 - 10 points in amendment that
follows)
2.The proposal will serve city residents in proportion to city
funding requested compared to the total program budget.
1 - 5 points
3.The proposal will serve an identified need and does not
duplicate another service, with higher points allocated in
proportion to the extent of the need in the city.
1 - 5 points
4.The proposal is designed to effectively meet the needs of those
to be benefitted; and the proposal includes measurable
objectives.
1 - 5 points
5.The applicant demonstrates sound management practices.
1 - 5 points
6.The proposed activity will especially benefit a population in
financial need (i.e., below federal poverty guidelines) or
the handicapped.
1 - 10 points (changed to 1-5 points in amendment that
follows)
7. The proposal will produce a long-term benefit (e.g., one that
is physically permanent).
1 - 5 points
and, be it further
RESOLVED, That the review committee shall, by August 14, 1992
recommend to the Human Services Committee of Common Council
whether each request should be funded, in part or in full, and
shall inform the applicants of its recommendations, and be it
July 1, 1992
20
further
RESOLVED, That the Human Services Committee shall make its own
recommendations to the Mayor for consideration in the 1993 budget
by September 1, 1992.
Amending Resolution
By Alderperson Efroymson: Seconded by Alderperson Daley
RESOLVED, That #1 under Criteria, be changed back to 1 - 10
points.
Carried Unanimously
Amending Resolution
By Alderperson Blanchard: Seconded by Alderperson Romanowski
RESOLVED, That #6 under Criteria, be changed back to 1 - 5 points.
Discussion followed on the floor on #6 under Criteria.
A vote on the amending resolution resulted as follows:
Ayes (7) - Blanchard, Romanowski, Daley, Johnson, Booth,
Hoffman, Berg
Nays (3) - Golder, Efroymson, Schroeder
Carried
Alderperson Johnson reminded the Mayor that he needs to appoint
three people to serve on this committee so it can be brought back
to the Human Services Committee in August.
Mayor Nichols appointed Alderpersons Efroymson, Blanchard and Berg
to serve on this committee.
Amending Resolution
By Alderperson Hoffman: Seconded by Alderperson Blanchard
RESOLVED, That under "Requirements", #4 shall read as follows:
"Unless the benefits of the proposed activity are limited to City
residents, the applicant must also request funding from Tompkins
county and/or appropriate towns and any other counties whose
residents are served. The last sentence in parenthesis shall be
removed.
Carried Unanimously
Main Motion as Amended
A vote on the main motion as amended resulted as follows:
Carried Unanimously
Motion to Extend Meeting
By Alderperson Booth: Seconded by Alderperson Efroymson
RESOLVED, That this Common Council meeting be extended until 11:45
p.m.
Carried Unanimously
PLANNING AND DEVELOPMENT COMMITTEE:
* 17.1 An Ordinance Amending Section 30.49 of Chapter 30 Entitled
`Zoning' of the City of Ithaca Municipal Code - Negative
Declaration
* 17.2 An Ordinance Amending Section 30.49 of Chapter 30 Entitled
`Zoning' of the City of Ithaca Municipal Code - (Powers of the
Building Commissioner)
By Alderperson Schroeder: Seconded by Alderperson Blanchard
RESOLVED, That the two above items be deferred to the August
Common Council meeting.
Carried Unanimously
* 17.3 An Ordinance Amending Subdivisions C(4)(i)(b),
July 1, 1992
21
C(4)(ii)(d), and D (v)(e) of Section 30.26 of Chapter 30 Entitled
`Zoning' of the City of Ithaca Municipal Code - Call for Public
Hearing
By Alderperson Schroeder: Seconded by Alderperson Daley
RESOLVED, That Ordinance No. entitled "An Ordinance Amending
Subdivisions C(4)(i)(b), C(4)(ii)(d), and D(v)(e) of Section 30.26
of Chapter 30 entitled `Zoning' of the City of Ithaca Municipal
Code is hereby introduced before Common Council of the City of
Ithaca, New York, and be it further
RESOLVED, That the Common Council shall hold a public hearing in
the matter of the adoption of the aforesaid ordinance to be held
at the Council Chambers, City Hall, at 108 East Green Street, in
the City of Ithaca, New York on Wednesday, August 5, 1992 at 7:00
p.m., and be it further
RESOLVED, That the City Clerk shall give notice of public hearing
by the publication of a notice in the official newspaper,
specifying the time when and the place where such public hearing
will be held, and in general terms describing the proposed
ordinance. Such notice shall be published once at least fifteen
(15) days prior to the public hearing, and be it further
RESOLVED, That the City Clerk shall transmit forthwith to the
Tompkins County Planning Board and to the City of Ithaca Planning
Board true and exact copies of the proposed zoning ordinance for
their reports thereon.
Carried Unanimously
The ordinance is as follows:
AN ORDINANCE AMENDING SUBDIVISIONS C(4)(i)(b), C(4)(ii)(d), and
D(v)(e) OF SECTION 30.26 OF CHAPTER 30 ENTITLED `ZONING' OF THE
CITY OF ITHACA MUNICIPAL CODE.
BE IT ORDAINED AND ENACTED by the Common Council of the City of
Ithaca, New York, as follows:
SECTION 1. AMENDING SUBDIVISION C(4)(i)(b) OF SECTION 30.26
That subdivision C(4)(i)(b) of Section 30.26 is hereby amended to
read as follows:
"(4) (i) (b) [Before hearing the appeal, the Board must have
written response on the proposal from a majority of] The response
of those notified by the appellant as required in the procedures
set forth in Section 30.58 [. This response], as well as that
expressed at the public hearing, should be a principal factor in
the Board's decision to grant the special permit."
SECTION 2. AMENDING SUBDIVISION C(4)(ii)(d) OF SECTION
30.26.
That subdivision C(4)(ii)(d) of Section 30.26 is hereby
amended to read as follows:
"(4) (ii) (d) [Before hearing the appeal, the Board must
have written response on the proposal from a majority of] The
response of those notified by the appellant as required in the
procedures set forth in Section 30.58 [. This response], as well
as that expressed at the public hearing, should be a principal
factor in
the Board's decision to grant the special permit."
SECTION 3. AMENDING SUBDIVISION D (v)(e) OF SECTION 30.26.
July 1, 1992
22
That subdivision D(v)(e) of Section 30.26 is hereby amended
to read as follows:
"(v) (e) [Before hearing the application, the Board must have
written response on the proposal from a majority of] The response
of those notified by the appellant as required in the procedures
set forth in Section 30.58 [. This response], together with any
other written comment received by the Board before the hearing, as
well as that comment expressed at the public hearing, with primary
consideration given the wishes of residents living within 200 feet
of the property, should be a principal factor in the Board's
decision to grant or deny the special permit."
SECTION 4. EFFECTIVE DATE.
This ordinance shall take effect immediately and in
accordance with law upon publication of a notice as provided in
the Ithaca City Charter.
* 17.4 Strand Theatre - CEQR Positive Declaration
By Alderperson Schroeder: Seconded by Alderperson Blanchard
WHEREAS, the proposed disposition of the Strand Theater is a Type
I action that requires review under the City's Environmental
Quality Review Ordinance and may require review under the State
Environmental Policy Act, and the National Environmental Policy
Act, and
WHEREAS, the Common Council has declared itself lead agency in
accordance with State Law and Section 36.6 of the City Code, and
WHEREAS, the Long Environmental Assessment Form was distributed to
all interested and affected parties on April 14, 1992, and
WHEREAS, actions resulting from the proposed disposition may
result in one or more major impacts that cannot be reduced and may
cause significant damage to the environment; now, therefore, be it
RESOLVED, That Common Council as lead agency requests the Director
of Planning and Development to prepare a positive declaration and
proceed with preparation of an Environmental Impact Statement.
Carried Unanimously
CHARTER AND ORDINANCE COMMITTEE:
* 18.1 Recodification - Call for Public Hearing
By Alderperson Hoffman: Seconded by Alderperson Berg
RESOLUTION TO HOLD PUBLIC HEARING
ON PROPOSED LOCAL LAW
WHEREAS, the Common Council of the City of Ithaca has entered into
a project for the recodification of local laws, ordinances and
certain resolutions of the City of Ithaca for the purposes of
increasing the effectiveness of city governmental administration,
providing for greater public awareness of access to city
legislation and protecting the health, safety and welfare of city
inhabitants, and
WHEREAS, the proposed recodification has been published in loose-
leaf form and the Common Council now desire to formally effect the
adoption of said recodification by enactment of a local law; now,
therefore, be it
RESOLVED, That a public hearing be held by the Common Council with
respect to enactment of the following local law, such public
July 1, 1992
23
hearing to be held on the 5th day of August 1992 at 7:00 p.m. at
City Hall, 108 East Green Street, Ithaca, New York. The proposed
local law to be considered is as follows:
LOCAL LAW NO. ____
A LOCAL LAW TO PROVIDE FOR THE RECODIFICATION OF THE LOCAL LAWS,
ORDINANCES AND CERTAIN RESOLUTIONS OF THE CITY OF ITHACA INTO A
MUNICIPAL CODE TO BE DESIGNATED THE "CODE OF THE CITY OF ITHACA"
Copies of the text of the above-named local law shall be filed in
the office of the City Clerk, and be it further
RESOLVED, That the City Clerk is hereby directed and authorized to
cause public notice of said hearing to be given in accordance with
the Municipal Home Rule Law and the Open Meetings Law of the State
of New York.
Alderperson Booth suggested several wording changes to the
document as presented from General Code Publishers. The wording
changes will be made to the original document by the City Clerk
and that document will be before the Council at the August Common
Council meeting.
A vote on the resolution to call for the Public Hearing resulted
as follows:
Carried Unanimously
* 18.2 Local Law # of 1992 - Alderpersons' Terms of Office
By Alderperson Hoffman: Seconded by Alderperson Daley
LOCAL LAW # OF THE YEAR 1992
THE CITY OF ITHACA
A local law establishing the mechanism by which Common Council
members will be elected to either four-year terms or two-year
terms for the election to be held in November, 1993.
BE IT ENACTED by the Common Council of the City of Ithaca, New
York, as follows:
SECTION 1. AMENDING ARTICLE II ENTITLED `CITY OFFICIALS', SECTION
2.6 THEREOF ENTITLED `MAYOR, CITY JUDGE, ALDERMEN, ELECTION: TERMS
OF OFFICE'
Section 2.6 of the City Charter is hereby amended to read as
follows:
For elections of Common Council members to be held in
November, 1993, two (2) Common Council members shall be elected
for each ward. On the election ballot there shall be printed, for
each ward, an office of member of Common Council for a term of
four (4) years and an office of member of Common Council for a
term of two (2) years. In all matters affecting the nomination
and designation of candidates for election, it shall be designated
whether the candidate is seeking the office with a term of four
(4) years or the office with a term of two (2) years.
SECTION 2. EFFECTIVE DATE.
This Local Law shall take effect immediately after filing in
the Office of the Secretary of State.
Carried Unanimously
July 1, 1992
24
* 18.3 An Ordinance Amending Section 30.26 of Chapter 30 Entitled
`Zoning' of the City of Ithaca Municipal Code - Motion to Defer
By Alderperson Hoffman: Seconded by Alderperson Johnson
RESOLVED, That no action be taken on the Amending Ordinance to
Section 30.26 of Chapter 30 entitled `Zoning' of the City of
Ithaca Municipal Code (public hearing held at beginning of
meeting), as Planner Jon Meigs recommends a Positive Declaration
and that an Environmental Impact Statement be completed.
Extensive discussion followed on the floor on the regulation of
satellite dishes.
A vote on the resolution resulted as follows:
Carried Unanimously
* 18.4 An Ordinance Amending Chapter 55 Entitled "Fire
Regulations" of the City of Ithaca Municipal Code
By Alderperson Hoffman: Seconded by Alderperson Schroeder
ORDINANCE NO. 92 -
AN ORDINANCE AMENDING CHAPTER 55 ENTITLED `FIRE REGULATIONS' OF
THE CITY OF ITHACA MUNICIPAL CODE.
BE IT ORDAINED AND ENACTED by the Common Council of the City
of Ithaca, New York, as follows:
SECTION 1. AMENDING SECTION 55.18.
That Section 55.18 entitled "Fire Limits" is hereby amended
to read as follows:
"55.18. Fire Limits.
Fire Limits of the City of Ithaca are hereby defined as
follows:
A. Fire Limits `A': Those areas of the City which are zoned
Industrial `I-1' and Business `B-2b', `CBD-60', `CBD-85' and `CBD-
100' in the City of Ithaca Zoning Ordinance (Chapter 30 of the
Municipal Code).
B. Fire Limits `B': Those areas of the City which are zoned
Business, `B-2a', `B-2c', `B-2d', `B-4' or `B-5', in the City of
Ithaca Zoning Ordinance (Chapter 30 of the Municipal Code)."
SECTION 2. EFFECTIVE DATE.
This ordinance shall take effect immediately.
Carried Unanimously
Length of Term of Office of Mayor - Report
Alderperson Hoffman stated that the proposal for the length of
term of office of the Mayor will be discussed at the Charter and
Ordinance Committee meeting in July.
Cable Franchise Issues
City Attorney Guttman reported that a letter is being sent to ACC
that they are in violation of the franchise on a multitude of
issues.
REPORT OF SPECIAL COMMITTEES AND COUNCIL LIAISONS:
GIAC Fund Raiser
Alderperson Efroymson reported that GIAC is going to be having a
July 1, 1992
25
fund raiser aboard the MV Manhattan on July 30th. It will be a
dinner cruise and everyone is invited to participate.
NEW BUSINESS:
* 22.1 Joint Transportation Accessibility Plan
By Alderperson Blanchard: Seconded by Alderperson Romanowski
WHEREAS, the Americans with Disabilities Act (ADA) requires all
public entities operating public transportation to file accessible
transportation service plans, and
WHEREAS, the ADA regulations permit the development of a joint
plan by two or more public entities with overlapping or contiguous
service areas, and an extension of time from January 26, 1992 to
July 26, 1992, and
WHEREAS, in the January 23, 1992 letter to the New York State
Department of Transportation, City of Ithaca Mayor Ben Nichols and
Tompkins County representative Robert Watros declared their
intention to provide coordinated paratransit service and to file a
joint plan prior to the July 26, 1992 deadline, and
WHEREAS, an ad hoc advisory committee comprised of City and County
representatives including members of the Disability Advisory
Council and City transit management staff was formulated to
develop the plan's recommendations, and
WHEREAS, the plan was approved by the ad hoc committee, and
WHEREAS, there has been sufficient opportunity for public
participation with public notice of public review and of the
public hearing held May 28, 1992 occurring through paid
advertising, public service announcements and posters distributed
to public agencies; now, therefore, be it
RESOLVED, That the City of Ithaca Common Council approves
recommendations of the Transportation Accessibility Plan, June 10,
1992, filed jointly by the City of Ithaca, Cornell University and
Tompkins County, and be it further
RESOLVED, That the Common Council authorizes the establishment of
an ADA Advisory Board by 09/01/92 to oversee implementation of the
ADA plan and to review ADA public transportation operations.
Congratulations to Ithaca Housing Authority
By Alderperson Blanchard: Seconded by Alderperson Romanowski
WHEREAS, the Ithaca Housing Authority provides quality, affordable
housing for over 850 low income families and elderly individuals
through its Public Housing and Section 8 Rent Supplement Programs,
and
WHEREAS, the Authority has received a "Sustained Performance
Award" from the U.S. Department of Housing and Urban Development
for outstanding performance and exemplary management in the field
of public housing; now, therefore, be it
RESOLVED, That the Common Council of the City of Ithaca does
hereby congratulate the Housing Authority on receipt of this
prestigious award and extends its thanks to the Authority Board
and staff for 25 years of service to the community.
Carried Unanimously
ADJOURNMENT
On a motion the meeting adjourned at 11:55 p.m.
July 1, 1992
26
Callista F. Paolangeli Benjamin Nichols
City Clerk Mayor