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HomeMy WebLinkAboutMN-CC-1993-02-03 February 3, 1993 1 COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 7:00 p.m. February 3, 1993 PRESENT: Mayor Nichols Alderpersons (10) - Blanchard, Romanowski, Daley, Efroymson, Booth, Johnson, Schroeder, Golder, Hoffman, Berg OTHERS PRESENT: City Clerk - Paolangeli City Controller - Cafferillo City Attorney - Guttman Planning and Development Director - Van Cort Police Chief - McEwen Fire Chief - Olmstead Building Commissioner - Eckstrom Board of Public Works Commissioner - Reeves Superintendent of Public Works - Gray Youth Bureau Director - Cohen PLEDGE OF ALLEGIANCE: Mayor Nichols led all present in the Pledge of Allegiance to the American flag. MINUTES: Approval of Minutes of the January 6, 1993 Common Council Meeting By Alderperson Schroeder: Seconded by Alderperson Daley RESOLVED, That the Minutes of the January 6, 1993 Common Council meeting be approved as published with minor corrections. Carried Unanimously ADDITIONS TO OR DELETIONS FROM THE AGENDA: Budget and Administration Committee Alderperson Booth requested the addition of two Items (18.14 and 18.15) - Building Department request to hire above Step 1 and DPW request to adjust Senior Typist position salary. No Council member objected. SPECIAL ORDER OF BUSINESS: Public Hearing to Consider an Ordinance Amending Section 325- 41(c)4 of Chapter 325 Entitled `Zoning' of the City of Ithaca Municipal Code Resolution to Open Public Hearing By Alderperson Berg: Seconded by Alderperson Daley RESOLVED, That the Public Hearing to consider an Ordinance amending Section 325-41(c)4 of Chapter 325 entitled `Zoning' of the City of Ithaca Municipal Code be declared open. Carried Unanimously Alderperson Booth explained the proposed change in the zoning ordinance. No one appeared to speak to Council on the zoning change. Resolution to Close Public Hearing By Alderperson Daley: Seconded by Alderperson Booth RESOLVED, That the Public Hearing to consider an Ordinance Amending Section 325-41(c)4 of Chapter 325 entitled `Zoning' of the City of Ithaca Municipal Code be declared closed. Carried Unanimously February 3, 1993 2 MAYOR'S APPOINTMENTS: Community Police Board Mayor Nichols requested Council approval for the appointment of Robert Sarachan, 103 West Seneca Street, to the Community Police Board, with a term to expire December 31, 1993, to replace Michael Ellis who has resigned. Resolution By Alderperson Schroeder: Seconded by Alderperson Daley RESOLVED, That this Council approves the appointment of Robert Sarachan to the Community Police Board with a term to expire December 31, 1993. Carried Unanimously TV Cable Commission Mayor Nichols requested Council approval for the re-appointment of Peter Hess, 131 West Haven Road, to the TV Cable Commission, with a term to expire December 31, 1997. Resolution By Alderperson Daley: Seconded by Alderperson Johnson RESOLVED, That this Council approves the re-appointment of Peter Hess to the TV Cable Commission with a term to expire December 31, 1997. Carried Unanimously Youth Bureau Board Mayor Nichols announced that he has appointed Alice Miller, 421 Hook Place to the Youth Bureau Board with a term to expire December 31, 1994, to replace Sue Perlgut who has resigned. COMMUNICATIONS: Letter of Appreciation Regarding GIAC Renovations Alderperson Efroymson read a letter of appreciation from Diane Sams to the Mayor and Common Council regarding the GIAC renovations. Curfew Ordinance Explanation Alderperson Hoffman explained that the City presently has a curfew for people under 16 that is in effect from midnight until 6:00 a.m. He stated that the new version that is being debated tonight extends between midnight and 5:00 a.m., has a list of exceptions and a statement of the reasons that the City would be continuing the curfew. Statement From Alderperson Golder Alderperson Golder asked everyone to take time to listen to the meaning of what people are saying and emphasized the importance of listening to each other. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: Strand Theater The following persons spoke to Council in support of renovating the Strand Theatre as a Performing Arts Center: Alan McNeil -- 1006 Hanshaw Road Doug Reid -- 105 Sheldon Road Joseph J. Moore -- Dryden, New York Pastor of AME Zion Church Julie Johnson -- 120 First Street Bruce Silvey -- 221 Columbia Street Charles McCary -- 507 N. Aurora Street February 3, 1993 February 3, 1993 3 Paul Briggs -- Ithaca, New York Bill McCormick -- City of Ithaca Lisa & Patrick McParland -- Dryden, New York William Gallagher -- City of Ithaca Barbara Ebert -- 412 N. Cayuga Street (read three letters into the record) Mitch Doll -- 274 Floral Avenue Joseph Ciaschi -- 569 Elm Street Extension Lavinia Reid -- 274 Floral Avenue Ira Kamp -- 1025 North Tioga Street Guy Gerard -- 209 Giles Street Paul Sayvetz -- 201 Elm Street Tony Poole -- Director, Southside Community Center Chris Reuning -- DeWitt Building Fingerlakes State Parks Doria Higgins, representing Citizens to Save Our Parks, spoke to Council regarding the Festival Lands. She read Council a letter she had received from Andy Mazzella regarding the Council's resolution last month in regards to the Treman State Marine Park Draft Master Plan and Draft Environmental Impact Statement. Curfew Ordinance The following persons spoke to Council in opposition to the Curfew Ordinance on tonight's agenda: Fred Coleman -- 543 Brooktondale Road, Brooktondale Larisa Camacho -- 801 Dryden Road Saskia Inskip -- 324 Richard Place (presented petition, which is on file in the Clerk's Office) Laura Silvey -- 221 Columbia Street Bruce Edwards -- 440 Forest Home Drive Khafiya Hathaway -- 440 Forest Home Drive Pastor of AME Zion Church Jim Everts -- 327 S. Geneva Street Ed Lisbe -- 302 Lake Avenue Malick Geherin -- Ithaca, New York William Kone -- 128 Grandview Court Betsy Crane -- Titus Avenue Amy Boykin -- 494 Nelson Road Paul Sayvetz -- 201 Elm Street Tony Poole -- Director, Southside Community Center Susan Backus -- Ithaca, New York Strand Theater Alan Cohen, 235 Berkshire Road, spoke to Council in favor of the sale of the Strand Theater to R.H.P. Properties. Taxicab Ordinance William Kone, 128 Grandview Court, spoke to Council regarding the Taxicab Ordinance that is on tonight's agenda. Christopher Katz from the Blue Light Cab Company spoke to Council regarding the resolutions on tonight's agenda regarding the taxicab ordinance. He stated he supports not changing the prescribed rates and asked Council to support agenda item 17.2a. GIAC Renovations Mr. Rich Farruggio, 317 South Cayuga Street, thanked Council for the GIAC renovations. RESPONSE TO THE PUBLIC: Strand Theater Alderperson Blanchard stated that she wished to speak for Art Watkins, who could not be present this evening, in support of February 3, 1993 February 3, 1993 4 saving the Strand. Alderperson Romanowski reminded the Mayor and Council of the petition that was presented in November with 280 signatures asking that the Strand be sold. Alderpersons Golder and Schroeder thanked the public for coming and speaking at tonight's meeting. COMMUNICATIONS FROM THE MAYOR: Cost of Trash Tags Mayor Nichols referred to the editorial in the Ithaca Journal regarding the cost of trash tags. He stated that the article was extremely misleading. The fact is that City residents pay less for trash disposal than other residents of Tompkins County and will continue to pay less after the County imposes its proposed fee. CHARTER AND ORDINANCE COMMITTEE: * 17.1 An Ordinance Amending Section 250-9 of Chapter 250 Entitled "Peace and Good Order" By Alderperson Hoffman: Seconded by Alderperson Romanowski WHEREAS, the City of Ithaca has had for many years an ordinance establishing a curfew for persons under the age of 16 years; and WHEREAS, questions have arisen and there has been public debate over whether such a curfew ordinance should be continued in the City of Ithaca; and WHEREAS, a public hearing was held before the Charter and Ordinance Committee of Common Council on the 10th day of December, 1992, and at such public hearing no significant opposition to the concept of a curfew ordinance was expressed. The Chief of Police, Harlin McEwen stated that while a curfew ordinance is not often enforced, it is a valuable and useful law enforcement tool which serves several beneficial purposes. Chief McEwen specifically stated that a curfew ordinance would help police in deterring crime and protecting minors who would otherwise be victims of criminal or other negative conduct and would help strengthen family unity and parental responsibility for their minors; and WHEREAS, other jurisdictions throughout the United States have concurred in the findings that minors who are left unsupervised during late nighttime hours may be exposed to detrimental influences in society and subject to the potential involvement in criminal activity and other potential threats to their physical and mental health and welfare; that such circumstances justify governmental action in furtherance of the protection of one of the most fragile and easily influenced segments of our society; that is in the best interest of society to encourage family unity, to encourage the family to provide for the care, protection and wholesome mental and physical development of minors, and to encourage the supervision of minors by their parents and guardians and to encourage communication between them; and that because of the peculiar vulnerability of minors, the inability to make critical decisions in an informed mature manner and the importance of the parental role in child rearing that it is appropriate to authorize municipalities to enact ordinances to protect minors of the dangers of the streets and to encourage the deepening of family relationships. ORDINANCE NO. 93 - BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows: February 3, 1993 February 3, 1993 5 Section 1, Chapter 250 entitled "Peace and Good Order" of the City of Ithaca Municipal Code is amended as follows: 1. That subdivision 250-9 entitled "Curfew" is hereby repealed. 2. A new subdivision to be known and designated as Section 250-9 entitled "Curfew" is hereby added to said chapter to read as follows: "Section 250-9. Curfew A. Legislative purpose and intent. It is hereby declared to be the policy of the City of Ithaca to protect minors who are a peculiarly vulnerable segment of our society and to minimize nocturnal crime, juvenile delinquency and vandalism and to prevent the destruction and damage of both public and private property. By this ordinance the Common Council seeks to promote the safety and general welfare of the residents of the City of Ithaca by prescribing, in accordance with prevailing community standards, regulations concerning the presence of minors on streets, roads, highways, public parks or other public areas of the city at night, all for the good of minors, for the furtherance of family responsibility and for the public good, safety and welfare. The Council finds that a curfew for minors meets an important local need and will be a significant factor in minimizing juvenile delinquency. This ordinance takes into consideration also the danger hours for nocturnal crime and for accumulations of minors at risk. Minors who are left unsupervised during late night time hours may be exposed to detrimental influences in society and subject to potential involvement in criminal activity and to other potential threats to their physical and mental health and welfare. Minors are one of the most fragile and easily influenced segments of our society. By this ordinance Common Council also seeks to facilitate the identification of minors who are subject to abuse or other ill treatment. Common Council also declares that it is in the best interest of society to encourage family unity, to encourage families to provide for the care, protection and wholesome mental and physical development of minors and to encourage the supervision of minors by their parents and guardians and to encourage communication between them. Parental responsibility for the whereabouts of children is the norm; and, as parental control increases, likelihood of juvenile delinquency decreases. Thus, there is a need for a nocturnal curfew for minors, to achieve under local conditions the purposes herein stated. B. Definitions. As used in this ordinance, the following terms, phrases, words and their derivations shall have the meanings given herein: CITY - The City of Ithaca, Tompkins County, New York. MINOR - Any person under the age of sixteen (16) years. PARENT - Any person having the legal custody of a minor as a natural or adoptive parent, as a legal guardian, as a person who stands in loco parentis or as a person to whom legal custody has been given by order of court. PUBLIC PARKS and PUBLIC AREAS - Include but are not limited to recreational and other places, whether privately or publicly February 3, 1993 February 3, 1993 6 owned and open to the general public, and those places visited by many persons and accessible to the public. REMAIN or LOITER - To stay behind, to tarry or to stay unnecessarily upon the streets, roads, highways, public parks or other public areas, including the congregating in groups (or of interacting minors) totaling four (4) or more persons in which any minor involved would not be using the streets, roads, highways, public parks or other public areas for ordinary purposes. STREET, ROAD and HIGHWAY - A way or place, of whatever nature, open to the use of the public as a matter of right for purposes of vehicular travel or, in the case of a sidewalk thereof, for pedestrian travel. The terms "street," "road" and "highway" include the legal right-of-way, including but not limited to traffic lanes, curbs, sidewalks, whether paved or unpaved, and any grass plots or other grounds found within the legal right-of-way of a street, road or highway. The terms "street," "road" and "highway" apply, irrespective of what they are called or formally named, whether an alley, avenue, court, drive, boulevard or otherwise. C. Establishment of curfew; hours. It shall be unlawful and a violation of law for any person under sixteen (16) year of age to be or remain in or upon the streets, roads, highways, public parks or other public areas within the City of Ithaca at night during the period beginning at Midnight and ending at 5:00 a.m. D. Exceptions. In the following exceptional cases a minor on or upon a City street, road, highway, public park or other public area during the nocturnal hours for which this ordinance is intended to provide regulation shall not, however, be considered in violation of this local ordinance: 1.When accompanied by a parent of such minor or when accompanied by an adult authorized by a parent of such minor to take said parent's place in accompanying said minor for a designated period of time and purpose within specified area. 2.When exercising First Amendment rights protected by the Constitution of the United States or the State of New York, such as the free exercise of religion, freedom of speech and the right of assembly. 3.In the case of reasonable necessity, such as being engaged in errands involving medical emergencies, etc. 4.When the minor is on the sidewalk or the area immediately in front of the place where such minor resides or is on the sidewalk or the area immediately in front of either next door neighbor. 5.When returning home by a direct route from, and within forty-five (45) minutes of the termination of, a school activity, or an activity of a religious or other community-based organization or other cultural, educational and social events. 6. When the minor is outside in connection with his/her employment. February 3, 1993 February 3, 1993 7 7.When the minor is, with parental consent, in a motor vehicle. This contemplates normal travel. This clearly exempts bona fide interstate movement through Ithaca. This also exempts interstate travel beginning or ending in Ithaca. E. Parental responsibility. It shall be unlawful and a violation of this ordinance for a parent, as defined herein, having legal custody of a minor to knowingly permit, or by inefficient control to allow, such minor to be or remain upon any street, road, highway, public park or other public areas of the City under circumstances not constituting an exception to, or otherwise beyond the scope of, this ordinance. The term "knowingly" includes knowledge which a parent should reasonably be expected to have concerning the location or whereabouts of a minor in that parent's legal custody. It is intended to continue to keep neglectful or careless parents up to a reasonable community standard of parental responsibility through an objective test. It shall be no defense that a parent was completely indifferent to the activities or conduct or whereabouts of such minor. F. Police procedures. Any law enforcement officer upon finding or having attention called to any minor on or upon the streets, roads, highways, public parks or other public areas of the City in prima facie violation of this ordinance shall ascertain the name, address and age of the minor and unless a legal justification for not returning the minor to the care, custody and control of the parents appears to exist shall either: 1.Take said minor to the police station, whereupon a parent of said minor shall immediately be notified to appear at the police station, and the minor shall be placed in the custody of said parent, and a written notice of said violation shall be delivered to the parent of the minor, and a copy thereof shall be placed on file in the Police Department, which said notice shall warn that any subsequent violation may result in full enforcement of this ordinance, including enforcement of parental responsibility and of applicable penalties hereinafter set forth; or 2.Escort said minor to his/her residence and thereafter, in the case of a first violation by a minor, send a written notice of said violation with a warning that any subsequent violation may result in full enforcement of this ordinance, including enforcement of parental responsibility and of applicable penalties as hereinafter set forth. A copy of said written notice of violation shall be placed on file in the Police Department. 3.When a parent has come to take charge of the minor and the appropriate information has been recorded, the minor shall be released to the custody of such parent. If the parent cannot be located or fails to take charge of the minor, then the minor shall be released to the juvenile authorities, except to the extent that, the minor may temporarily be entrusted to a relative, neighbor or other person who will, on behalf of a parent, assume the responsibility of caring for the minor pending the availability or arrival of a parent. G. Penalties for offenses. February 3, 1993 February 3, 1993 8 If, after the warning notice pursuant to Section F of a first violation by a minor, a parent violates Section E (in connection with a second or subsequent violation by said minor), this shall be treated as a first offense by a parent. For such first parental offense a parent shall be subject to a fine not to exceed twenty-five dollars ($25.00). For a second parental offense a parent shall be subject to a fine of not less than twenty-five dollars ($25.00) nor more than fifty dollars ($50.00). For a third parental offense a parent shall be subject to a fine of not less than fifty dollars ($50.00) nor more than one hundred dollars ($100.00). For a fourth parental offense and each parental offense thereafter a parent shall be subject to a fine of one hundred dollars ($100.00). Any parent found guilty of a parental offense of this who refuses to pay the fine imposed shall be subject to imprisonment for a period not to exceed fifteen (15) days. H. Severability. If any clause, sentence, section, paragraph, subdivision or provision of this ordinance shall be adjudged by any court of competent jurisdiction to be invalid, such adjudication shall apply only to the clause, sentence, section, paragraph, subdivision or provision so adjudged, and the remainder of this Ordinance shall remain valid and effective. I. Title. This ordinance shall be entitled "An Ordinance of the City of Ithaca, Tompkins County, New York, Establishing a Curfew During Nocturnal Hours for Minor Children Under the Age of Sixteen (16) Years." Section 2. Effective date. This ordinance shall take effect immediately and in accordance with law upon publication of a notice this is provided in the Ithaca City Charter. Motion to Refer By Alderperson Efroymson: Seconded by Alderperson Johnson RESOLVED, That the matter of a Curfew Ordinance be referred back to the Charter and Ordinance Committee for further review. Discussion followed on the floor. Amendment to Referral Motion By Alderperson Golder: Seconded by Alderperson Efroymson RESOLVED, That the matter of the Curfew Ordinance be referred to the Human Services Committee rather than the Charter and Ordinance Committee. Discussion followed on the amendment. A vote on the Amendment to the Referral Motion resulted as follows: Ayes (2) - Golder, Efroymson Nays (8) - Blanchard, Booth, Romanowski, Johnson, Schroeder, Daley, Berg, Hoffman Motion Fails Amending Resolution February 3, 1993 February 3, 1993 9 By Alderperson Schroeder: Seconded by Alderperson Romanowski RESOLVED, That a new sunset clause be enacted to extend the current curfew ordinance for another 120 days (June 16, 1993) beyond the date of February 16, 1993. Discussion followed on the floor regarding extending the sunset clause. A vote on the Amending Resolution resulted as follows: Ayes (6) - Schroeder, Booth, Hoffman, Blanchard, Romanowski, Berg Nays (4) - Daley, Efroymson, Johnson, Golder Carried Amending Resolution to Refer By Alderperson Efroymson: Seconded by Alderperson Johnson RESOLVED, That the Curfew Ordinance be referred back to the Charter and Ordinance Committee. Ayes (7) - Hoffman, Golder, Blanchard, Romanowski, Berg, Schroeder, Efroymson Nays (3) - Daley, Booth, Johnson Carried RECESS: The Common Council recessed at 9:25 p.m. and reconvened at 9:40 p.m. PLANNING AND DEVELOPMENT COMMITTEE: * 16.1 Strand Theater Environmental Review, "Statement of Findings" By Alderperson Schroeder: Seconded by Alderperson Daley WHEREAS, the proposed disposition of the Strand Theater is an action that requires review under the City's Environmental Quality Review Ordinance, the State Environmental Quality Review Act, and may require review under the National Environmental Policy Act, and WHEREAS, the Common Council declared itself lead agency in accordance with State Law and Section 176.6 of the Municipal Code, and WHEREAS, the Common Council has filed a positive declaration and authorized preparation of an Environmental Impact Statement, (EIS), and WHEREAS, the Common Council retained the LA Group to prepare an Final Environmental Impact Statement, (FEIS), which was submitted on December 16, 1992, and WHEREAS, on January 6, 1993 the Common Council filed notice of completion of the FEIS in accordance with the requirements of Section 176-10, and WHEREAS, in accordance with the requirement of Section 176-9(A), the Common Council set aside the period between January 7, 1993 and January 20, 1993 to afford agencies and the public time to consider the FEIS, and WHEREAS, in accordance with Section 175-10 of the Municipal Code, a findings statement of facts and conclusions in the FEIS has been made, and WHEREAS, Common Council will rely on the findings statement to support a decision on the sale of the Strand Theater; now, therefore be it February 3, 1993 February 3, 1993 10 RESOLVED, That the Common Council adopts the findings statement and directs the City Clerk to file the statement in accordance with Section 176-10 of the Municipal Code. Alderperson Schroeder gave background information on the resolution and on the Findings Statement. Extensive discussion followed on the floor regarding the Statement of Findings and revisions that were made by the Planning and Development Committee and Planning staff. City Attorney Guttman answered questions from Council members. Motion to Amend Statement of Findings By Alderperson Hoffman: Seconded by Alderperson Berg RESOLVED, That Item "g" under H.1 - "Basis of Decision" on page 12, which reads: "Based on the above, it is appropriate and reasonable for the City to take full legal ownership of the premises, demolish the building currently on the premises and sell the resulting vacant land", be deleted from the Statement of Findings. Ayes (3) - Johnson, Golder, Hoffman Nays (7) - Booth, Romanowski, Blanchard, Schroeder, Berg, Daley, Efroymson Motion Fails Main Motion A vote on the Main Motion resulted as follows: Ayes (7) - Schroeder, Blanchard, Berg, Booth, Romanowski, Daley, Efroymson Nays (3) - Hoffman, Golder, Johnson Carried * 16.2a Authorization for City Attorney to Negotiate Contract for Sale of Strand Theater By Alderperson Schroeder: Seconded by Alderperson Daley WHEREAS, By Resolution adopted on March 6, 1991, this Common Council determined that the record owners of the premises known as the Strand Theatre have failed to fulfill the requirements of the Appalachian Regional Commission grant and have failed to maintain the premises; real estate taxes have not been paid on the premises since approximately 1980; the City of Ithaca has purchased the tax liens of the City and school taxes for many of those years; the depreciated amount of the ARC grant is now approximately $142,640.00; the combined amounts of the unpaid City taxes and school taxes which liens have been purchased by the City total approximately $80,500.00; that the City has commissioned an appraisal of the property which appraisal determined that the fair market value of the property is approximately $392,000.00; and that it would serve no City purpose for the City to have any ownership interest in the premises known as the Strand Theatre, and WHEREAS, since March 6, 1991, additional City and school taxes have accrued on the property of the premises and there are significant outstanding town and county taxes on the property, and WHEREAS, the City, as a result of the March 6, 1991 resolution solicited bids for the purchase of the City's ownership interest in the Strand Theatre, and WHEREAS, the City received two bids, one from RHP Properties, Inc. February 3, 1993 February 3, 1993 11 which bid was conditioned upon the City rescinding and canceling the local historic designation affecting the property and one from Save our Strand/Fingerlakes Grass Root Festival of Music and Dance (SOS) which bid was conditioned upon a $142,656.00 credit being obtained from ARC, and WHEREAS, SOS subsequently advised the City that it would be willing to purchase the Strand Theatre on the terms of its bid even without obtaining the credit from ARC, and WHEREAS, the City requested from SOS details regarding its proposed renovation of the premises, its proposed management plan, and details of how financially the Strand Theatre would be renovated and managed, and WHEREAS, the City has received and reviewed information obtained from SOS and has forwarded such information to ARC for review by ARC, and WHEREAS, ARC has advised the City that it is unwilling to consent to the use or crediting of any of its grant funds to comprise any portion of the bid price submitted by SOS for the purchase of the Theatre and that ARC believes that the SOS proposal to renovate and manage the Strand is not a viable proposal and does not have a reasonable likelihood of success and has instructed the City to proceed with the sale of the Strand and to remit to ARC the amount of its interest in the building as expeditiously as possible, and WHEREAS, by resolution adopted by this Council on December 4, 1991, the City determined that since, among other factors, there is a dispute as to the City ownership of the property, including the fact that legal title to the property is not currently owned by the City of Ithaca, but that there have been executed unrecorded tax deeds from the City Chamberlain to the City of Ithaca from 1981 to 1989; that the City has significant other interests in the premises including, but not limited to, the fact that the ARC has an unrecorded lien on the premises which the City is responsible for paying, and that the location of the building has unique importance with respect to The Commons and the central business district, and that there are significant unpaid back and current taxes owed on the property; and that there has been great public controversy and interest in the future of the site and the structure currently on the site, that, with respect to all questions regarding or resulting from a local historic designation, it shall be considered as if the property was owned by the City of Ithaca, and WHEREAS, by resolution adopted on December 4, 1991, this Common Council directed the Landmarks Preservation Commission to submit to Common Council a report outlining the Commission's recommendation as to the reasonableness of rescinding the local historic designation and/or the appropriateness of allowing the demolition of the structure, and WHEREAS, the City determined to prepare an environmental impact statement examining the potential impacts of future use of the Strand as proposed by the parties bidding on the property as well as several additional alternatives, and WHEREAS, this Council has received information regarding the environmental effects of different actions regarding the Strand, including receipt of a Draft Environmental Impact Statement, comments made at a public hearing, written comments on the draft February 3, 1993 February 3, 1993 12 Environmental Impact Statement, a Final Environmental Impact Statement, and a report from the Ithaca Landmarks Preservation Commission, and WHEREAS, this Council has made findings of fact on the subject including the conclusion that any owner of the Strand property, including the City of Ithaca, would be unable to earn a reasonable return on the property unless the building was demolished without subsidized funding, and WHEREAS, RHP Properties, Inc. has advised the City that it is still interested in acquiring the property for the purchase price of $473,310.00 plus an amount equal to the actual amount paid by the City to a private contractor to demolish the building provided that: 1. The City has lawfully demolished the building; 2. The City obtains a deed from the record owners of the property; 3. The ARC releases any claimed lien it may have against the premises; 4. All other title problems with respect to the property, including the payment of all outstanding taxes on the property, be resolved; 5. A closing occur not later than December 31, 1993; NOW THEREFORE, be it resolved as follows: 1. That the City of Ithaca hereby determines that based on the information obtained by the City in the environmental process and from the Ithaca Landmarks Preservation Commission that, upon the City taking ownership of the Strand Theatre, it would be appropriate for the City of Ithaca to demolish the Strand Theatre and that all required procedural steps required under NEPA, SEQRA, CEQRA and/or the City of Ithaca Landmarks Preservation Ordinance have been complied with; 2. That the City Engineer be directed to take all appropriate steps to solicit bids for the demolition of the Strand Theatre; 3. That the City Attorney be directed to negotiate a contract with RHP Properties, Inc. for the purchase of the City's interest in the Strand Theatre; on the above terms including the City's right to remove salvageable materials and architectural artifacts prior to demolition, and RHP Properties, Inc.'s agreement to reimburse the City for all costs of demolition including an environment audit, abatement and removal of environmentally toxic substances prior to demolition, the demolition itself and the removal and disposal of materials resulting from the demolition; 4. That the City Attorney be directed to negotiate with the record owners of the Strand Theatre and with the record holder of the mortgage on the property for quitclaim deeds to the property and a discharge of the existing record of mortgage; and 5. That the City hereby declares its intention that upon obtaining of the quitclaim deeds and the discharge of the mortgage and the signing of a contract with RHP Properties, Inc., that the City will record the existing tax deeds to the property and take ownership of the property. Extensive discussion followed on the floor. Amending Resolution February 3, 1993 February 3, 1993 13 By Alderperson Efroymson: Seconded by Alderperson Hoffman RESOLVED, That #2, #3, and #4 under the Resolved clause each have the following words added: "after forty-five (45) days from this date". Extensive discussion followed on the floor regarding the 45 day leeway. Alderperson Booth suggested the following wording: #2 would read: "That unless there is Council action to the contrary within the next 45 days, the City Engineer shall take all appropriate steps to solicit bids for the demolition of the Strand Theater"; #3 would read: "That unless there is Council action to the contrary within the next 45 days, the City Attorney is directed to, etc..."; #4 would read: "That unless there is Council action to the contrary within the next 45 days, the City Attorney is directed to, etc..." Alderpersons Efroymson and Hoffman accepted Alderperson Booth's wording for the amending resolution. A vote on the amending resolution resulted as follows: Ayes (3) - Efroymson, Hoffman, Golder Nays (7) - Schroeder, Booth, Blanchard, Berg, Romanowski, Daley, Johnson Motion Fails Alderperson Booth offered the following change in wording to the Resolved Clause ( #1 - #5): In #1, the word "review" be added after the word "environmental" in the second line; In #1, in the fifth line, after the word "Theatre", add the words "and sell the subject property to RHP Properties, Inc." In #1, in the seventh line, after the word "Ordinance", add the words "respecting such action"; In #2, after the word "Theatre", add the words "and for appropriate related actions, subject to Common Council's approval of the contract referred to in Item #3"; In #5, after the word "property" in the fourth line, add a comma and delete the word "and"; after the word "property" in the last line, add the following words: "and move to demolish the building and sell the subject property to RHP Properties, Inc." No Council member objected to the changes made by Alderperson Booth. Alderperson Schroeder suggested that in the first Whereas Clause, the word "that" be added after every semi-colon where it does not already appear. No Council member objected. February 3, 1993 February 3, 1993 14 Further discussion followed on the main motion. Alderperson Hoffman suggested that in the thirteenth Whereas Clause, the words "without subsidized funding" be deleted at the end of the paragraph and inserted after the word "property" in the fourth line. No Council member objected. A vote on the main motion resulted as follows: Ayes (7) - Booth, Schroeder, Blanchard, Berg, Romanowski, Daley, Johnson Nays (3) - Hoffman, Golder, Efroymson Carried The Main Motion as Amended shall read as follows: WHEREAS, By Resolution adopted on March 6, 1991, this Common Council determined that the record owners of the premises known as the Strand Theatre have failed to fulfill the requirements of the Appalachian Regional Commission grant and have failed to maintain the premises; that real estate taxes have not been paid on the premises since approximately 1980; that the City of Ithaca has purchased the tax liens of the City and school taxes for many of those years; that the depreciated amount of the ARC grant is now approximately $142,640.00; that the combined amounts of the unpaid City taxes and school taxes which liens have been purchased by the City total approximately $80,500.00; that the City has commissioned an appraisal of the property which appraisal determined that the fair market value of the property is approximately $392,000.00; and that it would serve no City purpose for the City to have any ownership interest in the premises known as the Strand Theatre, and WHEREAS, since March 6, 1991, additional City and school taxes have accrued on the property of the premises and there are significant outstanding town and county taxes on the property, and WHEREAS, the City, as a result of the March 6, 1991 resolution solicited bids for the purchase of the City's ownership interest in the Strand Theatre, and WHEREAS, the City received two bids, one from RHP Properties, Inc. which bid was conditioned upon the City rescinding and canceling the local historic designation affecting the property and one from Save our Strand/Fingerlakes Grass Root Festival of Music and Dance (SOS) which bid was conditioned upon a $142,656.00 credit being obtained from ARC, and WHEREAS, SOS subsequently advised the City that it would be willing to purchase the Strand Theatre on the terms of its bid even without obtaining the credit from ARC, and WHEREAS, the City requested from SOS details regarding its proposed renovation of the premises, its proposed management plan, and details of how financially the Strand Theatre would be renovated and managed, and WHEREAS, the City has received and reviewed information obtained from SOS and has forwarded such information to ARC for review by ARC, and WHEREAS, ARC has advised the City that it is unwilling to consent to the use or crediting of any of its grant funds to comprise any February 3, 1993 February 3, 1993 15 portion of the bid price submitted by SOS for the purchase of the Theatre and that ARC believes that the SOS proposal to renovate and manage the Strand is not a viable proposal and does not have a reasonable likelihood of success and has instructed the City to proceed with the sale of the Strand and to remit to ARC the amount of its interest in the building as expeditiously as possible, and WHEREAS, by resolution adopted by this Council on December 4, 1991, the City determined that since, among other factors, there is a dispute as to the City ownership of the property, including the fact that legal title to the property is not currently owned by the City of Ithaca, but that there have been executed unrecorded tax deeds from the City Chamberlain to the City of Ithaca from 1981 to 1989; that the City has significant other interests in the premises including, but not limited to, the fact that the ARC has an unrecorded lien on the premises which the City is responsible for paying, and that the location of the building has unique importance with respect to The Commons and the central business district, and that there are significant unpaid back and current taxes owed on the property; and that there has been great public controversy and interest in the future of the site and the structure currently on the site, that, with respect to all questions regarding or resulting from a local historic designation, it shall be considered as if the property was owned by the City of Ithaca, and WHEREAS, by resolution adopted on December 4, 1991, this Common Council directed the Landmarks Preservation Commission to submit to Common Council a report outlining the Commission's recommendation as to the reasonableness of rescinding the local historic designation and/or the appropriateness of allowing the demolition of the structure, and WHEREAS, the City determined to prepare an environmental impact statement examining the potential impacts of future use of the Strand as proposed by the parties bidding on the property as well as several additional alternatives, and WHEREAS, this Council has received information regarding the environmental effects of different actions regarding the Strand, including receipt of a Draft Environmental Impact Statement, comments made at a public hearing, written comments on the draft Environmental Impact Statement, a Final Environmental Impact Statement, and a report from the Ithaca Landmarks Preservation Commission, and WHEREAS, this Council has made findings of fact on the subject including the conclusion that any owner of the Strand property, including the City of Ithaca, would be unable to earn a reasonable return on the property, without subsidized funding, unless the building was demolished, and WHEREAS, RHP Properties, Inc. has advised the City that it is still interested in acquiring the property for the purchase price of $473,310.00 plus an amount equal to the actual amount paid by the City to a private contractor to demolish the building provided that: 1. The City has lawfully demolished the building; 2. The City obtains a deed from the record owners of the property; 3. The ARC releases any claimed lien it may have against the premises; February 3, 1993 February 3, 1993 16 4. All other title problems with respect to the property, including the payment of all outstanding taxes on the property, be resolved; 5. A closing occur not later than December 31, 1993; NOW THEREFORE, be it resolved as follows: 1. That the City of Ithaca hereby determines that based on the information obtained by the City in the environmental review process and from the Ithaca Landmarks Preservation Commission that, upon the City taking ownership of the Strand Theatre, it would be appropriate for the City of Ithaca to demolish the Strand Theatre and sell the subject property to RHP Properties, Inc., and that all required procedural steps required under NEPA, SEQRA, CEQRA and/or the City of Ithaca Landmarks Preservation Ordinance respecting such action have been complied with; 2. the City Engineer shall take all appropriate steps to solicit bids for the demolition of the Strand Theatre and for appropriate related actions, subject to Common Council's approval of the contract referred to in Item #3; 3. the City Attorney is directed to negotiate a contract with RHP Properties, Inc. for the purchase of the City's interest in the Strand Theatre; on the above terms including the City's right to remove salvageable materials and architectural artifacts prior to demolition, and RHP Properties, Inc.'s agreement to reimburse the City for all costs of demolition including an environment audit, abatement and removal of environmentally toxic substances prior to demolition, the demolition itself and the removal and disposal of materials resulting from the demolition; 4. the City Attorney is directed to negotiate with the record owners of the Strand Theatre and with the record holder of the mortgage on the property for quitclaim deeds to the property and a discharge of the existing record of mortgage; and 5. That the City hereby declares its intention that upon obtaining of the quitclaim deeds and the discharge of the mortgage and the signing of a contract with RHP Properties, Inc., that the City will record the existing tax deeds to the property, take ownership of the property and move to demolish the building and sell the subject property to RHP Properties, Inc. * 16.3 Authorization to Conduct Environmental Audit By Alderperson Schroeder: Seconded by Alderperson Romanowski RESOLVED, That the Superintendent of Public Works is hereby directed to conduct an Environmental Audit of the Strand Theatre property to determine the nature of any environmentally hazardous or toxic substances in the building or on the property which would have to be abated or removed prior to demolition, and be it further RESOLVED, That the Superintendent is hereby authorized to spend up to $5,000.00 for such Environmental Audit, such funding to be derived from the unrestricted contingency account. Discussion followed on the floor. A vote on the resolution resulted as follows: Carried (8-0) Alderpersons Golder and Berg out of room at time of vote. Odd/Even Parking Revision - Report Alderperson Schroeder reported that there will be a joint February 3, 1993 February 3, 1993 17 committee consisting of three members (one member of the Planning Committee, one member of the Board of Public Works and one member of the Police Departmement) set up to look at the issue of Odd/Even Parking revisions. Postering Billboards/Kiosks - Report Alderperson Schroeder reported that at the Planning and Development Committee meeting it was recommended that the City spend $2,500 for building public billboard space with the understanding that the private sector come up with as much money as possible. This issue will be going to the Budget and Administration Committee for review. CHARTER AND ORDINANCE COMMITTEE: * 17.2a Revised Regulation of Taxicab Rates: Allowing "volume" Discounts By Alderperson Hoffman: Seconded by Alderperson Berg ORDINANCE NO. 93 - An Ordinance Amending the Code of the City of Ithaca, Chapter 232 thereof, entitled "Licensing of Business and Occupations", to Delete a Portion of the Requirements of Taxicab Rates. BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, as follows: SECTION 1. Chapter 232 of the Code of the City of Ithaca, Section 232-70(B)(7) is hereby amended to read as follows: "(7) It is prohibited to charge rates other than the ones specified in this Article, except for the following services, provided at the taxicab owner's discretion: discounts for senior citizens and handicapped persons, trips reserved a minimum of twenty-four (24) hours in advance [and], taxicabs chartered at an hourly rate, discounts for customers who frequently use taxicab services, and discounts when the taxicab company fails to provide adequate service. SECTION 2. Effective Date. This Ordinance shall take effect immediately and in accordance with law upon publication of a notice as provided in the City Charter. There was no vote taken on 17.2a. Motion to Substitute Resolution 17.2B By Alderperson Daley: Seconded by Alderperson Romanowski RESOLVED, That 17.2B be substituted for 17.2A. Ayes (8) - Daley, Blanchard, Efroymson, Johnson, Berg, Schroeder, Golder, Hoffman Nays (2) - Booth, Romanowski Carried *17.2b Revised Regulation of Taxicab Rates: Eliminating Minimum Rates By Alderperson Hoffman: Seconded by Alderperson Johnson ORDINANCE NO. 93 - An Ordinance Amending the Code of the City of Ithaca, Chapter 232 Thereof, Entitled "Licensing of Business and Occupations", to delete a portion of the requirements of taxicab rates. February 3, 1993 February 3, 1993 18 BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows: SECTION 1. Chapter 232 of the Code of the City of Ithaca, Section 232-70(B) is hereby amended by deleting and repealing Section 232-70(B)7. SECTION 2. Effective Date. This Ordinance shall take effect immediately and in accordance with law upon of a notice as provided in the City Charter. A vote on the Ordinance resulted as follows: Ayes (9) - Hoffman, Johnson, Schroeder, Berg, Golder, Daley, Blanchard, Romanowski, Efroymson Nay (1) - Booth Carried BUDGET AND ADMINISTRATION COMMITTEE: * 18.1 An Ordinance Amending Section 325-41(c)4 of Chapter 325 Entitled `Zoning' of the City of Ithaca Municipal Code By Alderperson Booth: Seconded by Alderperson Schroeder ORDINANCE NO. 93 - ORDINANCE AMENDING SUBDIVISION C OF THE SECTION 325-41 OF CHAPTER 325 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 OF SECTION 325-41. That subdivision C (4) of Section 325-41 is hereby amended to read as follows: "C. (4) The appellant shall, at the time of filing his/her appeal, pay to the Building Commissioner a fee of seventy-five dollars ($75) to help defray the cost of the required legal notice and other incidental expenses. However, the owner occupant of residential property on which are located no more than two dwelling units shall pay a fee of fifty dollars ($50), and an officer or administrative official of the City of Ithaca acting in his/her official capacity shall not be required to pay said fee." SECTION 2. EFFECTIVE DATE. This Ordinance shall take effect immediately and in accordance with laws upon publication of a notice as provided in the City Charter. A vote on the Ordinance resulted as follows: Ayes (7) - Booth, Hoffman, Berg, Schroeder, Johnson, Efroymson, Romanowski Nays (3) - Daley, Golder, Blanchard Carried * 18.2 Mayor - Approval of Future Sales Tax Revenue Distribution By Alderperson Booth: Seconded by Alderperson Daley WHEREAS, The State has authorized the County of Tompkins to increase the rate of sales and compensating use tax by one percent beginning December 1, 1992 and ending November 30, 1993, and WHEREAS, The Tompkins County Board of Representatives is requesting that the State approve a continuation of the additional February 3, 1993 February 3, 1993 19 one percent sales tax, and WHEREAS, The Board of Representatives intends that the City of Ithaca receive only one-quarter of the amount raised by the additional one percent tax from sales within the City of Ithaca, and WHEREAS, Approximately 47 percent of all the sales tax revenue in the County is raised by sales within the City of Ithaca, and WHEREAS, The City builds and maintains roads, bridges, and parking garages at a large cost to its taxpayers (without any support from the County) in order to provide the access for those sales, and WHEREAS, The City, at great expense, provides police and fire protection to its citizens and to the many thousands of County residents who work and do business within the City, and receives no support from the County for such protection, and WHEREAS, The City provides and supports many human service programs as well as park and recreational facilities, and WHEREAS, In recognition of the special costs to the City, the State permits the City to impose a sales tax of one-half of the 3 percent County sales tax for sales within the City of Ithaca, and WHEREAS, in Cortland County, as in other counties, the City of Cortland receives the same one-half portion of the additional revenues from the one-percent increase as it does for the other three-percent sales tax; now, therefore, be it RESOLVED, That the City of Ithaca urges the County Board of Representatives to revise its request to the State so as to permit the City to impose a sales tax of one-half of the 4 percent County sales tax, and be it further RESOLVED, That the Mayor is directed to urge our representatives in the State Assembly and State Senate, as well as the Chairs of the appropriate Assembly and Senate Committees, not to put forward any proposal from Tompkins County for a continuation of the additional one percent sales tax unless such a proposal includes the ability of the City of Ithaca to receive one-half of that additional tax from sales within the City of Ithaca. Discussion followed on the floor. A vote on the resolution resulted as follows: Carried Unanimously * 18.3 Mayor - Request to Reject County Election Expense Invoice By Alderperson Booth: Seconded by Alderperson Daley WHEREAS, A recent opinion of the State Comptroller (Opin. 92-26) determined that all expenses incurred by the Tompkins County Board of Elections under the Election Law, must be raised as a County charge, and that only those expenses which are specifically chargeable to individual jurisdictions within the County may subsequently be charged back to those jurisdictions; now, therefore, be it RESOLVED, That the Common Council strongly objects to the County's attempt to charge back to the City the entire cost of the Board of Elections for 1991 and 1992, on the grounds that certain of these February 3, 1993 February 3, 1993 20 charge-backs are not permitted under Section 361-a of the County Law and Sections 4-136 and 4-138 of the Election Law, and be it further RESOLVED, That the Common Council hereby requests that the County of Tompkins issue an amended billing for 1992, and reimburse the City for any charges for 1991 which are not specifically attributable to the City's election process for 1991. Carried Unanimously * 18.4 Finance Department/Controller - Approval of the 1991 City of Ithaca Single Audit Report By Alderperson Booth: Seconded by Alderperson Schroeder RESOLVED, That the Single Audit Report for the period of January 1, 1991 through December 31, 1991 prepared by the accounting firm of Ciaschi, Dietershagen, Little, and Mickelson C.P.A.'s, be accepted to comply with all of the City's applicable Federal Single Audit and Related Audit requirements. Carried Unanimously * 18.5 Finance Department/Chamberlain - Request Redemption for Tax Sale Properties By Alderperson Booth: Seconded by Alderperson Daley RESOLVED, That the existing owners be permitted to redeem the properties at 432 Titus Avenue, 814 South Meadow Street, and 214 Second Street, up to May 15, 1993, for the total lien amount outstanding, plus additional interest penalty and related costs through the date of the redemption. Carried Unanimously * 18.6 Finance Department/Chamberlain - Request to Correct Tax Roll By Alderperson Booth: Seconded by Alderperson Romanowski WHEREAS, an investigation of an error in essential fact, pursuant to Section 554, subsection 4A of the Real Property Tax Law revealed that a tax exempt parcel at North Meadow Street, owned by Ithaca Urban Renewal was listed in the taxable portion of the tax roll; now, therefore, be it RESOLVED, That the 1993 Tax Roll for the City of Ithaca be amended to deduct the taxable assessment on Tax Map Number 43-2-13 to 0 and be it further RESOLVED, That the City Chamberlain is authorized and directed to make the appropriate changes on the tax roll. Carried Unanimously * 18.7 Youth Bureau - Request to Approve Employee Incentive Award By Alderperson Booth: Seconded by Alderperson Daley WHEREAS, the Youth Bureau Director has recommended Youthworker Sylvia Beneway for an employee incentive award pursuant to the terms of the C.S.E.A. Administrative Contract, and WHEREAS, the Youth Bureau Director's recommendation complies with procedures and guidelines outlined in the C.S.E.A. Administrative Unit Contract; now, therefore, be it RESOLVED, That Sylvia Beneway's salary be increased by four (4%) percent to an annual salary of $21,094., effective November 30, 1992, and be it further RESOLVED, That the funding for such increase shall be derived from the Unrestricted Contingency Account. February 3, 1993 February 3, 1993 21 A vote on the resolution resulted as follows: Ayes (6) - Booth, Daley, Romanowski, Schroeder, Hoffman, Berg Nays (4) - Efroymson, Johnson, Golder, Blanchard Carried * 18.8 City Attorney - Approval of Ithaca Paid Fire Fighters Association Contract By Alderperson Booth: Seconded by Alderperson Romanowski RESOLVED, That the Agreement between the City of Ithaca and the Ithaca Paid Fire Fighters Association for a new two-year contract retroactive to January 1, 1993 and expiring on December 31, 1994, be approved as recommended by the Assistant City Attorney, and that the Mayor and City Clerk be authorized and directed to sign and execute the contract on behalf of the City under its corporate seal. Alderperson Booth stated that this item is being delayed until next month as there are certain details that have not yet been totally concluded at this time. * 18.9 DPW - Appointment of City Forester By Alderperson Booth: Seconded by Alderperson Schroeder WHEREAS, The Board of Public Works has recommended the appointment of John Friedeborn to the position of City Forester; now, therefore, be it RESOLVED, That John Friedeborn be appointed to the position of City Forester at Grade 2 at an annual salary of $37,862, effective February 8, 1993, and be it further RESOLVED, That funding for said appointment shall be derived from existing funds within the DPW budgeted appropriations. Carried Unanimously * 18.10 Fire Department - Request to Amend 1993 Equipment List By Alderperson Booth: Seconded by Alderperson Johnson RESOLVED, That the 1993 Authorized Equipment List for the Fire Department be amended by the following: A. Delete (2) SCBA MSA Ultralite Air Packs $3,150 B. Add (8) Complete Carrier Assemblies with harnesses $3,150 and be it further RESOLVED, That no increases in funding are needed. Carried Unanimously * 18.11 DPW - Request Funding for Traffic Control Equipment By Alderperson Booth: Seconded by Alderperson Romanowski WHEREAS, The Board of Public Works has recommended that two flashing yellow beacons be installed mid block on Buffalo Street to resolve problems with traffic at the Beverly J. Martin School, and WHEREAS, The total estimated cost for installation of said beacons is $6,000 with an annual estimated operating cost of $1,600; now, therefore, be it RESOLVED, That the 1993 approved Capital Project #269 DPW Equipment - Traffic Control Signals be increased by an amount not to exceed $6,000 for the purchase of two flashing yellow beacons, and be it further February 3, 1993 February 3, 1993 22 RESOLVED, That the funding for the installation of said traffic control lights be transferred from the C.H.I.P.S. Account and the $1,600 in operating costs will be derived from existing DPW budgeted appropriations, and be it further RESOLVED, That the BPW incorporate, in future budgets, funds for the purchase, installation and operation of traffic control equipment. Carried Unanimously * 18.12 DPW - Request to Transfer Funds to Water Fund Capital Reserve #16 By Alderperson Booth: Seconded by Alderperson Romanowski RESOLVED, That $ 1,000,000. be transferred from the 1992 Water Fund fund balance to Capital Reserve #16 Water Sources Development to fund future water development, including physical improvements. Carried Unanimously * 18.13 Audit - Resolution By Alderperson Booth: Seconded by Alderperson Romanowski RESOLVED, That the bills presented, as listed on Audit Abstract #2/1993 in the total amount of $32,961.45. be approved for payment. Carried Unanimously EXECUTIVE SESSION: By Alderperson Berg: Seconded by Alderperson Booth RESOLVED, That Common Council adjourn into Executive Session to discuss two personnel issues. Carried Unanimously REGULAR SESSION: Common Council reconvened in regular session and presented the following resolutions: * 18.14 Building Department - Request to Hire Above Step 1 By Alderperson Booth: Seconded by Alderperson Berg RESOLVED, That Frances Wright be hired for the Senior Typist position in the Building Department at an annual salary of $15,119, that being Step Three (3) on the 1992 Compensation Plan for the C.S.E.A. Administrative Unit (40/hour week), effective February 8, 1993, and be it further RESOLVED, That the funding for said hire be derived from within existing budget appropriations. Ayes (7) - Booth, Berg, Romanowski, Johnson, Hoffman, Efroymson, Schroeder Nay (1) - Golder Abstention (1) - Blanchard Absent (1) - Daley Carried * 18.15 DPW - Request to Adjust Senior Typist Position Salary By Alderperson Booth: Seconded by Alderperson Romanowski WHEREAS, Marjorie Holcomb was appointed to the Senior Typist position in the Engineering Department on September 8, 1992 at an annual salary of $12,231., which was Step One (1) on the 1992 Compensation Plan for the C.S.E.A. Administrative Unit (35 hours/week); now, therefore, be it RESOLVED, That Marjorie Holcomb have her annual salary adjusted to $13,229, which is Step Three (3) on the 1992 Compensation Plan for the C.S.E.A. Administrative Unit (35 hours/week), effective February 8, 1993, and be it further February 3, 1993 February 3, 1993 23 RESOLVED, That the funding for such increase shall be derived from the Unrestricted Contingency Account. Ayes (7) - Booth, Berg, Romanowski, Golder, Hoffman, Efroymson, Schroeder Nay (1) - Johnson Abstention (1) - Blanchard Absent (1) - Daley Carried ADJOURNMENT On a motion the meeting adjourned at 11:40 p.m. Callista F. Paolangeli Benjamin Nichols City Clerk Mayor