HomeMy WebLinkAboutMN-CC-1993-02-03 February 3, 1993
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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
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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
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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
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February 3, 1993
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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
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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
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February 3, 1993
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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
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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.
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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
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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
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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
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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