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HomeMy WebLinkAboutMN-CC-1992-07-01 July 1, 1992 1 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 2 `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 3 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 4 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 5 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 6 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 7 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 8 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 9 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 10 $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 11 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