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HomeMy WebLinkAboutMN-CC-1992-12-02 December 2, 1992 1 COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 7:00 P.M. December 2, 1992 PRESENT: Mayor Nichols Alderpersons (10) - Blanchard, Romanowski, Efroymson, Daley, Johnson, Booth, Schroeder, Golder, Berg, Hoffman OTHERS PRESENT: City Clerk - Paolangeli City Attorney - Guttman City Controller - Cafferillo Deputy City Controller - Thayer Superintendent of Public Works - Gray Building Commissioner - Eckstrom Police Chief - McEwen Fire Chief - Olmstead Planning and Development Director - VanCort Planning and Development Deputy Director - Sieverding Board of Public Works Commissioner - Reeves PLEDGE OF ALLEGIANCE: Mayor Nichols led all present in the Pledge of Allegiance to the American flag. MINUTES: Approval of Minutes of the November 4, 1992 Common Council Meeting Mayor Nichols requested that approval of the Minutes of the November 4, 1992 Common Council meeting be postponed until the January meeting. ADDITIONS TO OR DELETIONS FROM THE AGENDA: New Business Mayor Nichols requested the addition of a discussion and resolution regarding the Strand Theater Final Environmental Impact Statement. MAYOR'S APPOINTMENTS: Tompkins County Solid Waste Management Advisory Committee Mayor Nichols announced that he has re-appointed Judith W. Jones, 112 East York Street to the Tompkins County Solid Waste Management Advisory Committee. Tompkins County Fire, Disaster and EMS Advisory Board Mayor Nichols announced that he has re-appointed Michael J. Schnurle, 742 Fisher Settlement Road, Spencer, New York and John Ward, 1101 Taughannock Boulevard to the Tompkins County Fire, Disaster and EMS Advisory Board. Mr. Ward's re-appointment is as an alternate. Parks Commission Mayor Nichols requested Council approval of the appointment of Margaret Hobbie, 966 East State Street to the Parks Commission with a term to expire December 31, 1993, to replace Daniel Krall who has resigned. Resolution By Alderperson Blanchard: Seconded by Alderperson Johnson RESOLVED, That this Council approves the appointment of Margaret Hobbie to the Parks Commission with a term to expire December 31, 1993. Carried Unanimously December 2, 1992 2 PETITIONS AND HEARINGS OF PERSONS BEFORE THE COUNCIL: Festival Lands, Treman Marina Ms. LeMoyne Farrell, 120 Eastwood Terrace addressed Council regarding Cass Park and Treman Marina. She objected to the differences in the plan as presented in 1989 and the plan as it is now being presented. She asked that another scoping session be scheduled. Ms. Farrell also spoke regarding the lack of facilities for handicap persons in the area in terms of recreation and numerous other problems that concern her with regards to this area. Ms. Doria Higgins of "Citizens to Save Our Parks" referred to a document, entitled "Preliminary Allan H. Treman State Marine Park Draft Master Plan and Draft Environmental Impact Statement" that has been presented to Council regarding a new draft plan for the Environmental Impact Statement. It is her opinion that the document is absolutely unreadable and misleading. She asked that Council proceed cautiously. Finger Lakes Association Mr. Ralph Jordan, Administrative Counselor for the Tompkins County contingent of the Finger Lakes Association, requested Council to consider restoration of the $1,000 that was reduced from the 1993 budget. He spoke to Council on the tourism issue. RESPONSE TO THE PUBLIC: Festival Lands Alderperson Booth stated that he thinks we are going to have another major round of controversy about the Festival Lands. He thinks that two things are most important. One, is these lands have been used as park land and therefore, should continue to be so used. Secondly, he is under no illusions that if the State of New York wants those lands they have legal authority under the State laws to take them away from us. But if they do so, they should pay for them at their full market value. Alderperson Booth stated that he has welcomed the comments that have been made in behalf of the Festival Lands. Alderperson Schroeder stated that there is a document entitled "Preliminary Allan H. Treman State Marine Park Draft Master Plan and Draft Environmental Impact Statement" available in the Planning and Development Office if anyone in the public would like to review it. Alderperson Schroeder requested that if anyone on Common Council or members of the public have comments that they would like the Planning and Development Committee to consider in terms of a possible City response to this preliminary draft document they should have the information to him before December 14 and he will distribute that material to the Planning and Development Committee on December 21st. He stated that at that meeting the Committee will decide if they wish to make a response and if so, what that response will be. That response will be forwarded to Common Council and Council will consider it at the January meeting on the 6th. REPORT OF BOARD OF REPRESENTATIVES: Eric Lerner, 1st Ward, 1st District Representative on the Board of Reps, reported to Council on the following matters: Solid Waste Management Fee - The Board, by a fairly close vote, December 2, 1992 3 approved the new annual solid waste management fee although the details have not been worked out and approved yet. Mr. Lerner stated that the County has now moved into the next phase of the development of the Central Processing Facility. The revised proposals have come in and the Proposal Review Team now says that the cost of that facility will be at least $3 million less than anticipated. 1993 County Budget - The Board passed the County Budget by a vote of 11 - 4. He explained his reasons for voting against this budget. Mr. Lerner answered questions from Council members regarding the solid waste problems. REPORT OF CITY BOARDS, COMMISSIONS AND COMMITTEES: Board of Public Works Commissioner Reeves reported to the Council on the following matters: DPW Facilities - Commissioner Reeves reminded Council that a month or so ago, the Board and the Department of Public Works invited members of Council to tour the facilities of the department and so far there have been no takers. She urged Council to find the time to do this. Parking Lot Hours - On November 18th the Board passed a resolution making permanent the extended parking lot hours so there will be collection from 8 a.m. until 8:15 p.m. Illegal Dumping of Trash - The Board has recently discussed the illegal dumping of trash in the City. Previously it could be reported to the Police Department and the City would pick up the trash free of charge. That has turned out to be too expensive so the Board has directed staff to carry on discussions with the County Solid Waste Division and the Police to try to set a policy to take care of the illegal dumping. Consolidation Study - The Board has formed a small sub-committee to study consolidation. There will be a report forthcoming at the January Council meeting. Trash Collection in City Parks - The Board has been discussing this matter at the request of Alderperson Johnson. There will be a report forthcoming to the Council. Alternate Side Parking Issue - This issue has been discussed and the Board will be responding to the Planning and Development Committee. Discussion followed with Commissioner Reeves answering questions from Council members. COMMUNICATIONS FROM THE MAYOR: Mayor Nichols read the following message to Council regarding the 1993 Budget: "As you know, the budget that I submitted to you last month was the result of extensive work by department heads to meet the guidelines which I had established, detailed discussions with the department heads, and careful analysis by the Controller with me on projected revenues. That effort resulted in a proposed property tax rate increase of 3%. During the past month Council, through the expanded Budget and December 2, 1992 4 Administration Committee process has spent long hours going over that budget. I attended and participated in the discussion at every meeting except one. I respect those efforts. As of now the budget which will on tonight would require a property tax rate increase of 3.82%. The budget before you includes a number of changes from the Mayor's budget. As you know by the provisions of the Charter I have the right to veto any one or more of those changes and it would require a vote of seven members of Council to overturn such vetoes. After reviewing all the changes made to date, I will accept all of them but the one that provides for the addition of another position in the Police Force at a cost of $41,000. If that addition were removed the increase in the property tax rate would be 3.21% which is very close to the increase in the cost-of- living. Without that addition, and given the present state of the economy and the reduction in State Aid I believe that this would be a responsible budget and I propose no other changes. The process of achieving a balanced budget this year and in future years requires each department to operate with greater efficiency, to reorder its priorities, to make better use of its personnel, and in many cases to operate with fewer personnel. I see no reason to make an exception of the Police Department. In fact the budget of that department has increased every year. During this month I expect to appoint two new police officers to fill present vacancies. Should a veto be required, and if that veto is overturned I expect to exercise my responsibility as Mayor, and as the head of the Police Department to use my judgment as to the appointment of an additional officer and in close cooperation with the Chief of Police as to the assignment of duties. Council has its responsibilities and I have mine. I believe that we have worked together in a cooperative spirit over the past three years and in spite of this difference I am sure that our mutually respectful relationship will continue." 1993 Budget Message - Mayor Nichols and City Controller Cafferillo The following message was presented to Common Council at its meeting of November 4, 1992: We submit herewith the Mayor's proposed City of Ithaca balanced budget for 1993. The proposal comprises a General Fund of $29,733,364, a Solid Waste Fund of $1,018,878, a Water Fund of $1,965,255, a Sewer Fund of $2,507,253 and a Joint Activity Fund of $1,887,762. To balance the General Fund Budget we propose an increase of 23 cents per thousand dollars of assessed valuation or 3 percent in real property tax. This represents an increase of $23.00 in tax for a property assessed at $100,000. We propose no increase in the water rate, the sewer rate, or the trash tag fee. To offset the annual loss of over a million dollars in State Aid and increased costs of health care, retirement, and salaries we undertook in 1992 a program to reduce our work force by attrition. In order to buy the time necessary to cut and restructure positions we capitalized our heavy street construction program and various equipment purchases by approximately one million dollars. To accommodate that program we reduced the magnitude of our other capital programs. We have been able, since mid-1991, to remove 20 positions (without layoffs) from our operating budget. The current City Roster shows 423 permanent occupied positions compared with 450 positions in 1990. December 2, 1992 5 For 1993 we must continue the work of the Vacancy Committee to further reduce the work force without layoffs. While this process proceeds we can balance the budget with a property tax increase below the inflation rate only by continuing to capitalize street construction and some equipment while keeping new capital projects to a minimum. This budget proposes the capitalization of $750,000 in street construction, $282,000 in equipment. The total proposed capital projects budget (including the necessary reconstruction of the Giles Street bridge and the painting of the Stewart Avenue bridge) is $1,752,500, which compares favorably with the previous seven-year average of 3.7 million dollars. The proposed budget and our plan for stretching out the decrease in the work force is based on the indication that the Governor and State Legislature are not contemplating additional cuts in State Aid for fiscal 1993-94. It is also based on the almost $500,000 which we should obtain as the City's share of the additional one percent County Sales Tax. Without that tax a property-tax increase of about 10 percent would have been required to meet the proposed expenditures. It should be noted that if the City were to receive the same share of the additional 1 percent that it receives from the present 3 percent County tax, we would expect to get almost 2 million dollars. The additional dollars would have enabled us to avoid capitalizing street construction and equipment, and at the same time to substantially reduce the property tax rate. We must continue to maintain our infrastructure and equipment replacement in a balanced operating plan. Carefully structured borrowing procedures are an integral part of a stable financial system. The City's tax exempt borrowing advantage provides us the opportunity to issue indebtedness well below the commercial market. During 1992 we have issued all our one year notes at or below an effective rate of 3%, a rate at or below the current rate of inflation. In view of the fact that we have managed to stay below the five million dollar annual borrowing threshold permitted by the 1986 tax act, our ability to invest and earn interest on our debt service is not restricted by existing IRS arbitrage regulations. Department Budgets Department Heads were instructed to submit budgets with no increase in any lines except those salary increases required by contracts. We met with each Department Head to discuss revision of their budget requests and they are aware of (and in most cases, accept) the adjustments that have been incorporated in the Mayor's budget. Subsequent to these discussions, unlike previous years, the Mayor has included in those budgets his recommended raises for the nineteen individuals not covered by contracts. The total of those raises represents an overall increase of 4 percent. We appreciate the efforts of Department Heads to hold the line on budgets while meeting the need to perform the essential services that their departments provide to the City. The Solid Waste Fund/Trash Tags The solid waste collection and disposal activity in Tompkins County continues to be in a state of flux. The County has changed directions several times within the past fiscal period, and as we have described previously, the City is a captive of the County's decision making process. If we were to go our own way, and disregard the County's program, we would still be subject to paying, through various methods of taxation, for any mistakes December 2, 1992 6 and/or short-falls encountered by County government. We have, therefore, attempted to cooperate and comply in every way with the County's solid waste and recycling program. In the process of preparing the 1992 City Budget, we were confronted with the difficult task of projecting future trash tag usage once the tipping fee skyrocketed from $62 to $145 per ton. Based on prior activity, the Department of Public Works made a diligent attempt to estimate what the drop in collectable refuse tonnage would be, how the recycling program would be impacted, and ultimately to estimate the number of 35 lb. and 20 lb. tags which would be sold during 1992. In the interest of keeping the cost of trash tags at a manageable level, the decision was made to set the trash tag fees at $36.00 per sheet of 12 35 lb.tags, (from $13.00 per sheet in 1991) and $22.00 for a sheet of 12 20 lb tags, (from $7.00 per sheet), While understanding full well, that nearly the entire collection and disposal program was expected to be funded through the sale of trash tags, and that the County would receive $2.54 for each 35 lb. taken to the landfill, the Department was relying on several operational factors to balance the Solid Waste Budget. Our experience has been that we had collected revenue for considerably more refuse than had been transported to the landfill. In other words, residents and business had been under- filling bags and receptacles. For example, in 1991 we sold enough trash tags to transport 6,750 ton of refuse to the landfill, while we actually deposited and paid for 4,203 tons; a 61% differential. If we had established the 1992 tag fee solely on the actual tonnage expected to be collected, a sheet of 12 35 lb. tags would have been $61.75 and 12 20 lb. tags $35.28. The problem was to project how much existing habits would change. As it turned out we erred in attempting to keep the tag fee too low while other haulers in the County were charging 40 to 85 percent more than City tag fees. The result has been a short-fall in our solid waste budget. With the adjustment of the tipping fee from $145 to $95 per ton some haulers in the County may be able to reduce their higher fees but in our case the actual cost of collection and disposal makes it impossible to reduce our already low fees any further. Even so we must reduce the cost of collection of garbage and recyclables. The 1993 solid waste budget reflects a reduction of at least three positions. We are contemplating a change in the collection program from 5 to 4 days with the extra day being used for collection of yard waste. Even after making the above changes the 1993 solid waste budget cannot be reduced enough to permit a reduction of tag fees. Even though it may be difficult, we are committed to balance the solid waste budget within the present fee structure. In the area of recycling, we have agreed to terms and procedures with Tompkins County for the provision of recycling services in 1993. In view of the fact that the County enacted a mandatory recycling program in 1992, the City amended its long standing local law to comply with the County Act. By doing so, the County required that the City discontinue all recycling service to large commercial users who receive refuse service from private haulers. Effective January 1, 1993, the County will reimburse the City for the cost of providing curb side recycling (including cardboard) to all residential, small commercial entities (otherwise served by City collection) and multiple dwellings including fraternities and sororities (otherwise served by City collection). We have reduced the cost of collecting recyclables significantly, in order to operate within the contract limits agreed to by December 2, 1992 7 Tompkins County. Sales Tax Projection Based on sales tax received through October 31, 1992, plus our actual receipts for November and December of 1991, the projected total revenue of $5,363,836 would be $377,394 below the 1992 budget estimate of $5,743,230 and $256,805 below last year's actual revenue of $5,620,640. Although the rate of inflation for our region has remained between 3% and 3.5% during 1992, and although we only projected an inflationary increase of 2.6% when establishing the 1992 budget estimate, we are still running well below the anticipated level. The primary difficulty in estimating sales tax receipts is how to handle prior period adjustments. In as much as the New York State sales tax distribution system is based on monthly advance payments followed by quarterly adjustments, followed by the possibility of ongoing adjustments for an additional three years, projecting future receipts is no easy task. The prescribed method is to compare audited quarters, and not actual cash advances received. When the last four audited quarters (October 1991 thru September 1992) totaling $5,469,977 with the previous four quarters (October 1990 thru September 1991) totaling $5,401,490, only a 1.3% increase was realized. In prior periods, our annual increase has consistently been 5%. Our 1992 estimate is exactly 5% above the last four audited quarters. The short-fall is attributable to two major factors: A. Prior Period Adjustments The last four quarters included ($106,141) in negative adjustments, while the previous four quarters included $188,587 in positive adjustments. This represents a $294,728 swing in audited receipts. B. The Stagnant Economy In discussions with Sales Tax Representatives in Albany regarding statewide sales tax trends we have been told that the economy across the State is flat at best. The traditional inflationary affects on sales tax are non- existent under current conditions. The sales tax projection for 1993 includes a share of the additional 1% added by the County. Unfortunately under the bill proposed by the County and approved by the State Legislature we will receive no share of this added tax for the first six months of its enactment and only half of the share that the City gets from the other 3 percent of the County sales tax for the remaining six months. Uncertainties Various other unknowns continue to complicate our budget projection process. Areas which we expect to fluctuate are as follows: A.State Employee and Police and Fire Retirement Costs The Retirement System has provided us with three differing sets of projected rates within the past forty-five days, for the December 15, 1993 billing. The uncertainty surrounding the impending appeal of the unconstitutionality of the Projected Unit Credit Funding method, which re-establishes the Aggregate method of funding, is creating the turmoil. We have reflected the most recent group of estimated rates in our 1993 Budget, which encumbering 1992 and prior unexpended retirement appropriations in anticipation of higher 1993 billings should the Court appeal be settled next year. B. Health Insurance Liability December 2, 1992 8 We have recommended that an additional Health Insurance reserve portion of fund balance be established with unexpended health insurance appropriations, in the interest of funding potential exposure beyond our annual budget allocation for that purpose. It is also our recommendation that an amount equal to that which was expended to purchase stop-loss coverage be added to that reserve annually, to insure the stability of our Health Insurance program. C. Workers Compensation Insurance The estimated cost of Workers Compensation incorporated in this Budget is based on 1992 New York State Insurance Department established rates. The 1993 estimate is subject to adjustment in July, retroactive to January. In 1992 the rates which affect the City's premium increased by 18.4%. Additionally, we are subject to an experience modification rating adjustment, which may exceed 100% thereby increasing our cost proportionately. In 1992 our rating was set at 104%. The Budget estimates reflected in the 1993 Budget in all operating funds are subject to significant mid- year retroactive adjustments and a yearend audit. The impact of potential increases in the aforementioned line items over and above 1993 estimated appropriations could be significant. We therefore have to insure the retention of a realistic unappropriated fund balance and reserved fund balance in the interest of off-setting possible over-expenditures and revenue short-falls in areas which are out of our control. BUDGET AND ADMINISTRATION COMMITTEE: * 14.1 Adoption of 1993 Budget By Alderperson Booth: Seconded by Alderperson Johnson WHEREAS, this Common Council has reviewed the Executive Budget as proposed by Mayor Ben Nichols, and the Budget and Administration Committee's recommendations for amending that proposed Executive Budget, and WHEREAS, this Common Council is now considering adoption of the Amended Executive Budget for 1993 as approved by the Budget and Administration Committee, and WHEREAS, it is the consensus of this Common Council that the total appropriations and estimated revenues, as set forth in said Amended Executive Budget for 1993 and as those amounts may be altered by action of this Common Council at its December 2, 1992 meeting, are adequate for the operation of the City during 1993; now, therefore, be it RESOLVED, That this Common Council accepts and approves said Amended Executive Budget for 1993, together with any additional changes made in said budget at Council's December 2, 1992 meeting as the City of Ithaca Budget for 1993, in the total amount of $31,272,964., and be it further RESOLVED, That the following sections of the 1993 Budget be approved: A)General Fund Appropriations B) Water Fund Appropriations C)Sewer Fund Appropriations D)Joint Activity Fund Appropriations E) Solid Waste Fund Appropriations F)General Fund Revenues G)Water Fund Revenues H)Sewer Fund Revenues December 2, 1992 9 I)Joint Activity Fund Revenues J)Solid Waste Fund Revenues K)Debt Retirement Schedule L)Capital Projects M)Schedule of Salaries and Positions - General Fund N)Schedule of Salaries and Positions - Water and Sewer Fund O)Schedule of Salaries and Positions - Joint Activity Fund P) Schedule of Salaries and Positions - Solid Waste Fund Q)Authorized Equipment - General Fund R) Authorized Equipment - Water Fund S) Authorized Equipment - Sewer Fund T) Authorized Equipment - Joint Activity Fund U) Authorized Equipment - Solid Waste Fund Amending Resolution By Alderperson Booth: Seconded by Alderperson Golder RESOLVED, That the position of Traffic Control Officer be deleted from the proposed budget of the Police Department. Extensive discussion followed on the floor with Police Chief McEwen answering questions from Council members. A vote on the Amending Resolution resulted as follows: Ayes (2) - Golder, Booth Nays (8) - Blanchard, Romanowski, Efroymson, Daley, Johnson, Schroeder, Hoffman, Berg Motion Fails Amending Resolution By Alderperson Efroymson: Seconded by Alderperson Hoffman RESOLVED, That $20,500. be put in Restricted Contingency for the purpose of funding a Traffic Control Officer for one-half a year beginning July 1, 1993 and to reduce the Police budget by $20,500. Discussion followed. The Mayor stated he believed this was a good compromise and he would work closely with Police Chief McEwen to see if this position could be worked out in different ways. If this is not possible, Council would look at it again in June of 1993. A vote on the Amending Resolution resulted as follows: Ayes (7) - Efroymson, Hoffman, Berg, Schroeder, Golder, Daley, Romanowski Nays (3) - Booth, Johnson, Blanchard Carried Amending Resolution By Alderperson Romanowski: Seconded by Alderperson Daley RESOLVED, That $1,000 be restored to the Fingerlakes Association. Ayes (4) - Romanowski, Daley, Johnson, Booth Nays (5) - Hoffman, Efroymson, Golder, Berg, Schroeder Abstention (1) - Blanchard Motion Fails Amending Resolution By Alderperson Romanowski: Seconded by Alderperson Johnson RESOLVED, That $33.00 be added for the Veteran's Day Parade and $103.00 be added for Flag Day, for a total of $136.00 to restore this funding to the amount the Human Services Committee recommended. December 2, 1992 10 Ayes (4) - Booth, Blanchard, Johnson, Romanowski Nays (6) - Efroymson, Daley, Schroeder, Golder, Hoffman, Berg Motion Fails Amending Resolution By Alderperson Booth: Seconded by Alderperson Berg RESOLVED, That $3,000. be deleted from the Building Department budget regarding cellular phones. Ayes (3) - Booth, Golder, Berg Nays (6) - Blanchard, Efroymson, Daley, Johnson, Schroeder, Hoffman Abstention (1) - Romanowski (conflict of interest) Motion Fails Amending Resolution By Alderperson Booth: Seconded by Alderperson Blanchard RESOLVED, That $2,500 be deleted from the Restricted Contingency for the Tompkins Cortland Labor Coalition. Discussion followed on the floor. A vote on the Amending Resolution resulted as follows: Ayes (4) - Booth, Blanchard, Romanowski, Daley Nays (5) - Efroymson, Johnson, Schroeder, Golder, Hoffman Abstention (1) - Berg (possible conflict of interest) Motion Fails Amending Resolution By Alderperson Efroymson: RESOLVED, That the pool of money be downgraded to 3% from 4% for increases for top City official's salaries for the year 1993. (Those individuals not covered by a bargaining unit). The motion failed for lack of a second. A vote on the 1993 Budget as Amended resulted as follows: Ayes (9) - Blanchard, Romanowski, Efroymson, Daley, Booth, Schroeder, Golder, Hoffman, Berg Nay (1) - Johnson Carried * 14.2 Adoption of 1993 Tax Rate By Alderperson Booth: Seconded by Alderperson Daley WHEREAS, the 1993 City of Ithaca Budget was approved, adopted and confirmed in the total amount of $31,272,964 on December 2, 1992, in accordance with a detailed Budget on file in the Office of the City Controller, and WHEREAS, available and estimated revenues total $24,265,446 leaving $7,007,518 as the amount to be raised by taxation, and WHEREAS, the Assessment Roll for 1993, certified and filed by the Assessment Department of Tompkins County, has been footed and approved and shows the total net taxable valuation as $880,120,318, and December 2, 1992 11 WHEREAS, under Charter provisions, the tax limit for City purposes amount to $14,549,723 for 1993; now, therefore, be it RESOLVED, That the tax rate for general purposes, for the fiscal year 1993, be, and the same hereby is, established and fixed at 7.962 per $1,000 of taxable valuation as shown, certified and extended against the respective properties on the 1993 Tax Roll, thereby making a total tax levy, as near as may be, of $7,007,518, and be it further RESOLVED, That the amount of said tax levy be spread, and the same hereby is levied upon and against the respective properties as shown on said City Tax Roll, in accordance with their respective net taxable valuation, at the rate of 7.962 per $1,000 of such taxable valuation, and be it further RESOLVED, That the City Chamberlain be, and hereby is, directed to extend and apportion the City Tax as above, and that upon the completion of the extension of said Roll, the City Clerk shall prepare a warrant on the City Chamberlain for the collection of said levy; and the Mayor and the City Clerk hereby are authorized and directed to sign and affix the corporate seal to such warrant and forthwith to file the same with said Tax Roll with the City Chamberlain, and be it further RESOLVED, That upon the execution and filing of said warrant and Tax Roll with the City Chamberlain, the amounts of the City Tax set opposite each and every property shall hereby become liens, due, payable and collectible in accordance with provisions of the City Charter and other laws applicable thereto, and be it further RESOLVED, That the total sum of $ 31,272,964 be appropriated in accordance with the Budget adopted, to the respective Boards, Offices and Departments of the City, for the purposes respectively set forth therein. The 1993 Assessment Roll has been completed and approved by the Assessment Department of Tompkins County and resulted in the following valuation: Total Value of Real Property $ 2,067,486,769 Less: Value of Exempt Property $ 1,209,353,879 858,132,890 Plus: Value of Special Franchises $ 21,987,428 Net Value of Taxable Property $ 880,120,318 A vote on the Resolution resulted as follows: Carried Unanimously * 14.16 1993 Budget Directions By Alderperson Booth: Seconded by Alderperson Johnson WHEREAS, this Common Council has adopted the 1993 City of Ithaca Municipal Budget, and WHEREAS, it will be necessary throughout 1993 and beyond, to exercise great caution in the expenditure of City tax monies and to insure the collection of projected City revenues; now, therefore, be it RESOLVED, That effective January 1, 1993, no position for a City employee that is vacant for any reason on or after said date shall be filled unless and until the filling of that position is approved by the Vacancy Review Committee, which committee shall consist of the Mayor and the Chair and Vice Chair of the Budget and Administration Committee, and December 2, 1992 12 That the Vacancy Review Committee shall work in conjunction with the Controller, the Personnel Administrator, and the applicable department head in determining whether or not to fill any vacant position, and That the Vacancy Review Committee shall not approve the filling of any vacant position in the City government unless and until the Committee determines either 1) that the filling of a particular position is essential to the proper functioning of the City government and/or essential to the protection of life and safety of the residents of the City, and that such position must be filled immediately; or 2) that the department in which a vacant position exists proposes that the vacant position be filled and that another position(s) be vacated and left vacant, and that the department has the means available to accomplish these actions, and That the Vacancy Review Committee shall, 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 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 promotions efforts, the department head does not intend to appoint a minority or female candidate, and 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 each City department as it relates to affirmative action efforts and employment data, and 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, and be it further RESOLVED, That the Vacancy Review Committee shall require any and all departments to submit information, plans or proposals regarding the reduction of personnel costs throughout 1993 and in future years, and That the Vacancy Review Committee shall report all of its actions at least once each month to Common Council, and That Common Council shall retain authority to consider and decide any matter that has been, or might be, reviewed by the Vacancy Review Committee, and December 2, 1992 13 That the Vacancy Review Committee shall have authority to refer any matter subject to its review to the full Common Council for its decision, and That the Vacancy Review Committee shall have authority to adopt such reasonable procedures, including but not limited to setting meeting dates and agendas and requiring the submission of documentation relative to any request to fill a vacancy as it deems necessary to carry out its authority under this resolution, and be it further RESOLVED, That Common Council directs the Board of Public Works to establish the appropriate fees needed in the following accounts and/or to take other appropriate steps to insure that the projected revenues in the 1993 City of Ithaca Budget are raised as established: Revenue Account A1720, Parking Lots and Garages and A1740, Metered Parking, established in the amounts of $600,000 and $385,000 for 1993; Revenue Account A2050, Golf Course, charges established in the amount of $137,000 for 1993; Revenue Account A2560, Street Opening Permits, be reviewed for possible increase, and be it further RESOLVED, That Common Council directs the Board of Public Works to establish appropriate fees for City residents and non-residents for the City Golf Course. A vote on the resolution resulted as follows: Carried Unanimously City Controller Cafferillo thanked the Mayor and Common Council for their understanding and cooperation in recognizing our fiscal constraints and taking the actions necessary to allow us to operate within our ability to spend. Mayor Nichols thanked the Controller and his Deputy and each Council member as well as all Department heads for all their hard work on this budget. Recess Common Council recessed at 8:55 p.m. and reconvened in regular session at 9:10 p.m. * 14.3 Police Department - Request to Standardize on Telephone System By Alderperson Booth: Seconded by Alderperson Romanowski WHEREAS, it is deemed to be in the best interest of the City for reasons of efficiency, uniformity, compatibility, economics and security to approve the standardization of an All-Mode Communications Inc. Police/Court Telephone System for the Police Department's telephone system, and WHEREAS, a significant capital investment has been made in existing telephone equipment which were designed to operate with an All-Mode Communications telephone system; now, therefore, be it RESOLVED, That pursuant to Section 103, subdivision 5 of the General Municipal Law of the State of New York, this Common Council hereby authorizes the standardization of an All-Mode Communications Inc. Police/Court telephone system as the type of December 2, 1992 14 telephone system to be used and purchased by the City of Ithaca Police Department. Ayes (9) - Booth, Blanchard, Efroymson, Daley, Johnson, Berg, Golder, Hoffman, Schroeder Abstention (1) - Romanowski (conflict of interest) Carried * 14.4 DPW - Request to Approve Brick Contract By Alderperson Booth: Seconded by Alderperson Johnson WHEREAS, the City Landmarks Preservation Commission has issued to Fahs-Ralston Paving of Binghamton, New York a certificate of appropriateness for the use of approximately 900 historical used bricks to construct a crosswalk at Balch Hall on the Cornell Campus; now, therefore, be it RESOLVED, That the Common Council approves the agreement made between the City and Fahs-Ralston Paving for the sale of these bricks and authorizes the Superintendent of Public Works to sign the agreement. Carried Unanimously * 14.5 DPW - Request to Amend Joint Activity Capital Project By Alderperson Booth: Seconded by Alderperson Blanchard WHEREAS, Common Council approved, at their August 5, 1992 meeting, a Joint Activity Capital Project for the Kline Road Sewer Relief Project in the amount of $100,000., and WHEREAS, the SJS has determined the actual cost of the Kline Road Sewer Relief Project to be $200,000.; now, therefore, be it RESOLVED, That the established Kline Road Sewer Relief Joint Activity Capital Project be amended by $100,000. for a total project budget in an amount not to exceed $200,000., and be it further RESOLVED, That the funding for said project shall be provided by and allocated to each owner at 45% City of Ithaca, 45% Town of Ithaca, and 10% Town of Dryden as proposed by the SJS, and be it further RESOLVED, That the City's share of $90,000 be derived from Capital Reserve #17 for sewer construction. Carried Unanimously * 14.6 Planning Department - Request Approval of Carpenter Business Park Lease Proposal By Alderperson Booth: Seconded by Alderperson Johnson WHEREAS, the City developed Carpenter Business Park to implement the goals of creating new and retaining existing jobs in the City, promote new research, development and light manufacturing firms and to encourage local firms to remain in the area by providing fully developed land at below market cost, and WHEREAS, Digicomp Research Corporation, a local firm started fifteen years ago and housed in leased facilities at several locations in the City has expressed a desire to lease a 1.67 acre site in Carpenter Business Park where it intends to construct a 12,000 square foot facility, and WHEREAS, under a separate lease agreement Digicomp desires to lease an adjoining .53 acre site for future expansion, and December 2, 1992 15 WHEREAS, both leases have performance clauses whereby if these sites are not developed within a specified period of time the sites revert to the City, and WHEREAS, the general terms of these leases are consistent with the leasing policy established by the Common Council on December 5, 1990 with one exception regarding Digicomp's ability to purchase the site before the twentieth year, and WHEREAS, the ability to purchase is key to Digicomp's decision to move forward with final lease negotiations; now, therefore, be it RESOLVED, That Digicomp Research Corporation is an acceptable tenant for Carpenter Business Park, and be it further RESOLVED, That Common Council approves the concept of allowing purchase of these sites prior to twenty years on the basis of a schedule of values that establishes a relationship between the time the site is purchased and the market value of the site such that the earlier the site is purchased the closer to market value the purchase price will be, and be it further RESOLVED, That staff is authorized to negotiate the final terms of the proposed leases with Digicomp, such terms to be subject to approval by the Common Council and I.U.R.A. Discussion followed on the floor with regard to the type of businesses that may wish to locate in this Industrial Park. A vote on the resolution resulted as follows: Carried Unanimously * 14.7 Planning Department - Request Funding for Appraisal By Alderperson Booth: Seconded by Alderperson Blanchard WHEREAS, the Planning and Public Works Departments have recommended that two properties, i.e. the two City-owned properties on Franklin Street, be appraised in connection with the Department of Public Works Consolidation Project; now, therefore, be it RESOLVED, That the Planning Department is hereby authorized to enter into an agreement for the preparation of said property appraisals, and be it further RESOLVED, That an amount not to exceed $1,600. be advanced from Capital Reserve #25 for Capital Improvement Planning and Design to Capital Project #245 DPW Consolidation Study, pending the issuance of indebtedness for possible land acquisition, facility construction or planning purposes. Carried Unanimously * 14.8 City Attorney - Request to Hire Confidential Secretary Above Step 1 By Alderperson Booth: Seconded by Alderperson Johnson RESOLVED, That Cindy Vicedomini be hired for the Confidential Secretary position in the Attorney's Office at an annual salary for 1993 of $16,735., that being Step 6 on the 1992 Compensation Plan for confidential employees, effective January 4, 1993. Carried Unanimously * 14.9 Finance/Controller - Request to Hire Administrative Secretary By Alderperson Booth: Seconded by Alderperson Romanowski WHEREAS, the Finance Department shall have an open Administrative December 2, 1992 16 Secretary position as a result of Barbara Ruane's impending retirement, and WHEREAS, Carol Shipe, who is currently an Administrative Secretary in the Building Department, has requested to be considered for a lateral transfer to fill said position; now, therefore, be it RESOLVED, That Carol Shipe be hereby appointed to the position of Administrative Secretary in the Finance Department at an annual salary of $23,937., effective December 14, 1992, and be it further RESOLVED, That the Administrative Secretary position in the Finance Department be changed from a 35 hour position to a 40 hour position, also effective December 14, 1992. Carried Unanimously * 14.10 Building Department - Request to Approve Promotional Appointment Administrative Secretary Alderperson Booth requested that this matter be addressed in an Executive Session at the end of the meeting. No Council member objected. * 14.11 Finance/Chamberlain - Request to Add Names to Safe Deposit Box By Alderperson Booth: Seconded by Alderperson Johnson RESOLVED, that Connie Nelson and Marna McNeal be and hereby are authorized to access the safe deposit box number 1364 at Tompkins County Trust Company. Carried Unanimously * 14.12 Finance/Chamberlain - Request to Send Notice With 1993 Tax Bills By Alderperson Booth: Seconded by Alderperson Berg RESOLVED, That the City Chamberlain is authorized to mail a notice of tax due dates and penalties with the 1993 City Tax First Installment. Carried Unanimously * 14.13 Finance/Controller - Request to Standardize on Parking Meter Equipment By Alderperson Booth: Seconded by Alderperson Berg WHEREAS, it is deemed to be in the best interest of the City for reasons of efficiency, compatibility and economics to approve the standardization of Pom parking meter equipment for the City of Ithaca's parking meters, and WHEREAS, a significant capital investment has been made in existing parking meter equipment which were designed to operate with Pom parking equipment; now, therefore, be it RESOLVED, That pursuant to Section 103, subdivision 5 of the General Municipal Law of the State of New York, this Common Council hereby authorizes the standardization of Pom parking meter equipment as the type of equipment to be used and purchased by the City of Ithaca Department of Public Works. Carried Unanimously * 14.14 Audit By Alderperson Booth: Seconded by Alderperson Johnson RESOLVED, That the bills presented, as listed on Audit Abstract December 2, 1992 17 #21/1992 in the total amount of $6,676.82 be approved for payment. Carried Unanimously * 14.15 Employee Appreciation By Alderperson Booth: Seconded by Alderperson Johnson WHEREAS, the City enacted Local Law No. 7 of 1992 establishing a retirement incentive program for eligible employees, commencing September 15, 1992, and WHEREAS, Barbara C. Ruane and S. Frank Gombas have opted to take advantage of said program, and are scheduled to retire from City service effective December 11, 1992, and WHEREAS, Barbara C. Ruane and S. Frank Gombas have provided the City of Ithaca with dedicated service for 17 and 33 years respectively; now, therefore, be it RESOLVED, That the Mayor and Common Council hereby express their sincere appreciation to both of these employees for their faithful service, and wish them continued good health and enjoyment of their retirement. Carried Unanimously PLANNING AND DEVELOPMENT COMMITTEE: * 15.1 An Ordinance Amending Sections 325-3.B, 325-9.B and 325-8 of Chapter 325 Entitled "Zoning" of the City of Ithaca Municipal Code, Regarding Group Care Residences - Call for Public Hearing By Alderperson Schroeder: Seconded by Alderperson Johnson RESOLVED, That Ordinance No. ___ entitled "An Ordinance Amending Sections 325-3.B, 325-9.B and 325-8 of Chapter 325 Entitled `Zoning' of the City of Ithaca Municipal Code", regarding Group Care Residences, 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 Common Council Chambers, City Hall, 108 East Green Street, in the City of Ithaca, New York, on Wednesday, January 6, 1993, at 7:00 p.m.; and be it further RESOLVED, That the City Clerk shall give notice of such public hearing by the publication of notice in the official newspaper, specifying the time when and the place where such public hearing will be held, and in general terms described in the proposed ordinance. This 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 Following is the Ordinance to be considered: AN ORDINANCE AMENDING SECTIONS 325-3.B, 325-9.B AND 325-8 OF CHAPTER 325 ENTITLED "ZONING" OF THE CITY OF ITHACA MUNICIPAL CODE, REGARDING GROUP CARE RESIDENCES WHEREAS, the current City zoning ordinance contains regulations concerning the location and special conditions of Group Care Residence facilities which are licensed, certified or otherwise authorized by a State health or welfare agency, and WHEREAS, there are currently State and Federal regulations regarding the siting of licensed, certified, or authorized Group December 2, 1992 18 Care Residences, and an opportunity for comment by the City in the selection of the location of such homes within the City, and WHEREAS, The City Attorney's Office has extensively researched the issue and has determined that the State law preempts the City's authority to regulate the location and special conditions concerning Group Care Residences except through the comment process employed by the State site selection process and recommends deletion of the City regulations to eliminate any possible confusion as to the City's rights in the matter; now, therefore, be it RESOLVED, That Chapter 325 entitled "Zoning" be modified by the deletion of the definition of "Group Care Residence", Subsection 325-3.B Definitions, and be it further RESOLVED, That the first paragraph of Subsection 325-9.B be amended to read as follows: "Special conditions. The Building Commissioner shall approve the followings use[s] only when the special conditions specified in this subsection have been met:", and RESOLVED, That Subsection 325-9.B(1), Special Conditions for Group Care Residences be deleted in its entirety, and the Subsection following be renumbered, and be it further RESOLVED, That the Districts Regulation Chart authorized by Section 325-8 be amended to delete "permitted by special conditions ... Group Care Residences ... from Column 2 in Zones R- 1, R-2, R-3, and R-U, and the remaining uses described in Column 2 of these zones be renumbered. New City Master Plan - Report Alderperson Schroeder reported that the Planning Committee and Planning Board met jointly in November to discuss the possibility of a new City Master Plan. CHARTER AND ORDINANCE COMMITTEE: * 17.1 An Ordinance Amending Chapter A352 of the Municipal Code of the City of Ithaca Entitled "Commons Operations Manual and Vending Cart Regulations" By Alderperson Hoffman: Seconded by Alderperson Berg WHEREAS, the Common Council of the City of Ithaca has determined that the Ithaca Festival is a unique and important activity for the City of Ithaca, and WHEREAS, it is necessary for the proper operation and administration of the Ithaca Festival that the Ithaca Festival be able to charge vendors for food and other merchandise for space on or near the Ithaca Commons during the Ithaca Festival; now, therefore, the Common Council introduces the following: ORDINANCE NO. 92 - AN ORDINANCE AMENDING CHAPTER A352 OF THE MUNICIPAL CODE OF THE CITY OF ITHACA ENTITLED "COMMONS OPERATIONS MANUAL AND VENDING CART REGULATIONS" BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, New York as follows: SECTION 1. That a new Section to be known and designated as December 2, 1992 19 Section A352-14 titled "Ithaca Festival" is hereby added to said Chapter to read as follows: "A352-14. Ithaca Festival. Notwithstanding the above, annual or seasonal permits to sell on the Commons or to operate mobile vending carts, granted pursuant to this Chapter, shall exclude days on which it is expected that the Ithaca Festival will take place on the Ithaca Commons." SECTION 2. This Ordinance shall take effect immediately. Carried Unanimously * 17.2 Center Ithaca Atrium Agreement By Alderperson Hoffman: Seconded by Alderperson Daley WHEREAS, Center Ithaca Associates has filed for protection from its creditors under Chapter 11 of the Bankruptcy Code to allow it to propose a reorganization plan that will allow it to restructure its debt relative to the income it is able to generate in this market, and WHEREAS, Center Ithaca has developed and filed with the Bankruptcy Court a reorganization plan to restructure all its debt in a fashion that it believes will create a more financially stable Center Ithaca, and WHEREAS, as part of its reorganization plan, Ithaca Center Associates has rejected and disavowed the existing "Operating and Reciprocal Agreement" regarding the Center Ithaca Atrium, and WHEREAS, Center Ithaca Associates has in its reorganization plan agreed to negotiate an amended agreement regarding the Center Ithaca Atrium, and WHEREAS, such negotiations have taken place and a proposed Center Ithaca Atrium Redesign Agreement has been drafted; now, therefore, be it RESOLVED, That the City approves the modified atrium agreement and the Mayor is authorized to execute the Center Ithaca Atrium Redesign Agreement. (Version drafted on November 16, 1992 and attached to the Minute Book). Alderperson Hoffman gave background information on the resolution. Discussion followed on the floor on the Atrium redesign. A vote on the resolution resulted as follows: Carried Unanimously Revised Curfew Ordinance - Report Alderperson Hoffman reported that at the next Charter and Ordinance Committee meeting on December 10, there will be a public hearing on the issue of the City's curfew for persons under sixteen. NEW BUSINESS: Strand Theater Final Environmental Impact Statement Planning and Development Director VanCort referred to a memo, dated December 2, 1992, from Leslie Chatterton that was sent to members of Common Council and the Mayor regarding the Strand Theater Final Environmental Impact Statement. Leslie Chatterton. Mr. VanCort stated that if the Council acts on this matter December 2, 1992 20 tonight, the consultant can complete the final EIS within approximately two weeks which would make it ready for the Planning and Development Committee meeting on December 21. Discussion followed on the floor on this time table for completion of the FEIS. Resolution By Alderperson Blanchard: Seconded by Alderperson Schroeder RESOLVED, That the Common Council enter into an appropriate contractual arrangement with L.A. Group from Saratoga Springs to complete the FEIS on the Strand Theater for an amount not to exceed $5,500 for services and $500.00 for reimbursable expenses. Further discussion followed on the floor. A vote on the resolution resulted as follows: Ayes (9) - Blanchard, Romanowski, Efroymson, Daley, Booth, Johnson, Schroeder, Hoffman, Berg Nay (1) - Golder Carried Executive Session By Alderperson Booth: Seconded by Alderperson Johnson RESOLVED, That the Common Council adjourn into Executive Session to discuss a personnel matter. Carried Unanimously Regular Session The Common Council reconvened in regular session and offered the following resolution: Resolution By Alderperson Booth: Seconded by Alderperson Johnson RESOLVED, That Kathleen Boyd be provisionally appointed to the position of Administrative Secretary in the Building Department at $20,477., which is Step 5 on the 1992 compensation schedule for confidential employees not covered by a union, effective December 14, 1992. Carried Unanimously Mayor Nichols announced that there will not be a Committee of the Whole meeting on December 30, 1992. ADJOURNMENT: On a motion the meeting adjourned at 10:15 p.m. Callista F. Paolangeli Benjamin Nichols City Clerk Mayor