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HomeMy WebLinkAboutMN-CC-1993-03-03 1 COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 7:00 p.m. March 3, 1993 PRESENT: Mayor Nichols Alderpersons (9) - Booth, Blanchard, Berg, Hoffman, Golder, Schroeder, Efroymson, Daley, Johnson, ABSENT: Alderperson (1) - Romanowski (excused) OTHERS PRESENT: City Attorney - Guttman Deputy City Controller - Thayer City Clerk - Paolangeli Police Chief - McEwen Planning and Development Director - VanCort Deputy Planning and Development Director - Sieverding Superintendent of Public Works - Gray Board of Public Works Commissioner - Reeves Youth Bureau Director - Cohen Building Commissioner - Eckstrom Tompkins County Board of Representatives - Mink Commons Coordinator - Deming PLEDGE OF ALLEGIANCE: Mayor Nichols led all present in the Pledge of Allegiance to the American flag. MINUTES: Approval of Minutes of the February 3, 1993 Common Council Meeting By Alderperson Johnson: Seconded by Alderperson Hoffman RESOLVED, That the Minutes of the February 3, 1993 Common Council meeting be approved as published. Carried Unanimously MAYOR'S APPOINTMENTS: Traffic Reduction and Public Transit Committee Mayor Nichols announced that the terms of the persons serving on the Traffic Reduction and Public Transit Committee expired at the end of February and he is re-appointing the following persons to that committee with terms to expire March 1, 1995: Andrew Yale, Chair John Gutenberger Guy Gerard Daniel Hoffman Neil Golder Nancy Schuler Ex-Officio Members: Nancy Oltz Doug Foster Dwight Mengel William Wendt Housing Board of Review Mayor Nichols announced that he has appointed Scot Raynor, 314 Cornell Street to the Housing Board of Review with a term to expire December 31, 1995. COMMUNICATIONS: Letter from C.S.E.A. President City Clerk Paolangeli read the following letter from William Baker, President, C.S.E.A. Administrative Unit, regarding the appointment of a Lab Director (B&A Item 16.16). "Once again, the Union must speak out on the City hiring new employee(s) above Step 1 (one), but what is even more disturbing, March 3, 1993 2 is the City's disregard for their OWN official procedure for hiring new employees and the on-going disregard of Article V, #2 of the Agreement between the City of Ithaca and C.S.E.A. Administrative Unit. At the very least, the Common Council should table 16.16 and follow their Official Procedures. It is respectfully requested that this memo become part of the Official Minutes of the Common Council Proceedings of March 3, 1993." PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: State Civil Rights Bill The following persons spoke to Council in support of Item 21.1 on tonight's agenda: Lyn Greenspan Gallo, 14 Dug Road, Lansing Leslie Ladd Allee, 14 Dug Road, Lansing Dan Tapper, 116 Penny Lane, Ithaca Complaint re. Property on 431 North Cayuga Street Donna Cornelius, 109 Farm Street, spoke to Council regarding the condition of the property at 431 North Cayuga Street. She stated that the owner of that property has been very negligent about re- building and cleaning up that property since the fire that happened there over a year ago. She urged Council to make the owner of that property comply with all City regulations as everyone else is expected to do. Taxicab Ordinance Amendment Alan Cohen, 302 East State Street, spoke to Council regarding the amendment to the Taxicab Ordinance that was passed at the February Common Council meeting. He stated that he does not feel that the amendment concerning the rate structure was fair and he is concerned about a rate war between the cab companies. REPORT OF BOARD OF REPRESENTATIVES: Tompkins County Board of Representatives member Barbara Mink spoke to the Board on the following item: Sales Tax Increase - The County Board, at their meeting last evening, discussed the possibility and the interest in negotiating with the City regarding the Sales Tax increase. She stated that the County submitted this law to Albany a couple of months ago having thought that they had reached an accommodation with the City for a 75%/25% split on the additional one cent sales tax. Ms. Mink said that the City has been presented with a marvelous opportunity which she does not begrudge them for seizing on but the reality is that people are so upset that some County Board members are willing to forego the additional one percent next year. She explained that would result in either massive layoffs, which they are not prepared to do, or a forty-four percent tax increase, which they are not willing to do. She further stated that if the County agrees with the City's request, then the County tax rate, including City taxpayers, would go up twenty-two percent. If the situation continues as it is, with the seventy-five, twenty-five percent split, then the County tax rate will be going up approximately seven percent. Ms. Mink stated that at the meeting last evening, there was support to meet with the City and talk about a possibility of negotiation. She urged Council to look at that as a positive step. Government Access Channel - The County has hours designated to March 3, 1993 3 input information about City Committee meetings which will scroll on Channel 53. Scott Heyman will be in touch with the City Clerk's Office to discuss this procedure. REPORT OF CITY BOARDS, COMMISSIONS AND COMMITTEES: Board of Public Works Commissioner Reeves reported to the Council on the following items: Snow Removal - To date the DPW crews have cleared 42 properties and the owners of these properties will be receiving a bill for City services. The charge to the owner for cleaning any such walk will be the actual cost plus 50% for overhead and administration for such charges and shall be due 30 days from the date rendered by the Board of Public Works. Commissioner Reeves explained the procedure for the public to call if they are having a problem with snow and ice in their neighborhood and the Department will act as quickly as possible to accommodate the removal. Containers for Recyclables - The containers for recyclables on the Commons and in Collegetown will be in place by the end of the week. Parking Regulations at Bryant and Fairmount Avenues - The parking regulations for Bryant and Fairmount Avenues were made permanent at the Board meeting last week. Pavilion Rates for Stewart and Cass Parks - The Board passed a resolution increasing the fees for pavilion usage at Stewart and Cass Parks for 1993. Disability Advisory Council Mr. Jon Merritt, Vice Chair of the Disability Advisory Council, stated that their Committee will continue working with Asst. Supt. Ferrel regarding the clearing of snow and ice from the sidewalks. He stated that the DAC is looking forward to the accessibility modifications that will be done in the Spring at Stewart Park. Mr. Merritt reported that the DAC is starting to work with Leslie Chatterton in the Planning Department to develop the federally mandated evaluation for the Americans with Disabilities Act. REPORT OF CITY ATTORNEY: City Attorney Guttman reported that the City has received two decisions from the Court in the last month. The first one was the Lower/Carpenter suit. William Lower and Bernard Carpenter had sued the City of Ithaca Planning Board regarding a negative environmental declaration which the Planning Board made regarding a project from Housecraft Builders. The Appellate Court ruled that the Planning Board had not taken a hard look at the drainage issue at this site and directed the matter be sent back to the Planning Board for further proceedings. The second decision which we received was an appeal that was brought by Betsy Darlington et.al. against the Board of Zoning Appeals regarding a Use Variance given to Thorntree Hill Associates for a commercial building, a small portion of which was thought to extend into the flood plain zone. Judge Relihan ruled that Darlington, etc. lacked standing and dismissed the proceeding on several counts. Atty. Guttman stated that he has copies of these proceedings if anyone would like to look at them. March 3, 1993 4 Discussion followed with City Attorney Guttman answering questions from Council members. Beech Street Property City Attorney Guttman reported that last June the Council authorized him to acquire a small parcel of land on Beech Street and that matter has now been concluded and the City has obtained and filed with the Clerk the deed for that property. NEW BUSINESS: * 21.1 State Civil Rights Bill By Alderperson Hoffman: Seconded by Alderperson Berg WHEREAS, the Common Council of the City of Ithaca supports the right of all citizens to seek work, housing and education and to enjoy public accommodations without fear of discrimination based on prejudice, and WHEREAS, these basic civil rights have been and continue to be denied to citizens solely on the basis of their sexual orientation, and WHEREAS, the City of Ithaca has in the past recognized the need to protect these rights by adopting the Fair Practices Ordinance of 1984 and the Domestic Partnership Ordinance of 1990, and WHEREAS, the New York State Legislature is considering a Civil Rights Bill that would add the words "sexual orientation" to existing State law which currently prohibits discrimination in employment, housing, public accommodations, education and credit, on the basis of race, color, national origin, age, gender, religion or physical ability (with exceptions for religious organizations and owner-occupied housing with two or fewer units); now, therefore, be it RESOLVED, That the Common Council of the City of Ithaca expresses its strong support for State legislation that prohibits discrimination on the basis of sexual orientation; and specifically, this Common Council endorses Civil Rights Bill A. 1336, which was passed by the New York State Assembly on February 1, 1993, and be it further RESOLVED, That this Common Council strongly encourages the State Senate and specifically State Senator James Seward, who represents the City of Ithaca, to support such legislation, which is pending in the State Senate (S. 1890), and be it further RESOLVED, That the City Clerk is directed to send copies of this resolution to Senator James Seward, Assemblyman Marty Luster, Senate Majority Leader Ralph Marino, Assembly Speaker Saul Weprin and Governor Mario Cuomo. Carried Unanimously (9-0) PLANNING AND DEVELOPMENT COMMITTEE: * 14.1 An Ordinance Amending Section 325-8 of Chapter 325 Entitled `Zoning' of the City of Ithaca Municipal Code Regarding Transfer Stations for Recyclable Materials - Call for Public Hearing By Alderperson Schroeder: Seconded by Alderperson Efroymson RESOLVED, That Ordinance No. 93 entitled "An Ordinance Amending Section 325-8 entitled 'Zoning' of the City of Ithaca Municipal Code" is hereby introduced before Common Council of the City of Ithaca, New York,; and be it further RESOLVED, That the Common Council shall hold a public hearing in the matter of the adoption of the aforesaid Ordinance to be held March 3, 1993 5 at the Common Council Chambers, City Hall, 108 East Green Street, in the City of Ithaca, New York, on Wednesday, April 7, 1993, at 7:00 p.m., and be it further RESOLVED, That the City Clerk shall give notice of such public hearing by the publication of notice in the official newspaper, specifying the time when and the place where such public hearing will be held, and in general terms describing the proposed ordinance. This notice shall be published once at least fifteen (15) days prior to the public hearing, and be it further RESOLVED, That the City Clerk shall transmit forthwith to the Tompkins County Planning Board and to the City of Ithaca Planning Board true and exact copies of the proposed Zoning Ordinance for their reports thereon. Carried Unanimously (9-0) Alderperson Schroeder explained the proposed amendments to the Ordinance. The Ordinance to be considered is as follows: WHEREAS, transfer stations for recyclable materials are currently allowed in B-4 and B-5 zones, and WHEREAS, this land use generates a level and type of activity that is generally incompatible with the retail and commercial uses allowed in these zones, and WHEREAS, transfer stations for recyclable materials are more appropriately located in industrial zones; now, therefore, be it RESOLVED, That Section 325 entitled "Zoning" and in particular Section 325-8 authorizing the District Regulations chart be amended to delete from the Permitted Primary Uses in the B-4 and B-5 zones "transfer station for recyclable materials", and be it further RESOLVED, That these same sections be amended to add to the Permitted Primary Uses in the I-1 zone "transfer station for recyclable materials", and be it further RESOLVED, That Section 325-3, "Definitions and Word Usage" be amended such that the definition for Transfer Station for Recyclable Materials be amended as follows: "A completely enclosed facility for the bulk sorting and/or packaging of glass, paper, and other light recyclable materials", and the following be deleted from the definition: "Further processing of these materials is not allowed in said station". Back/Side Yard Parking Regulation - Report Alderperson Schroeder reported that the Building Commissioner is reviewing the whole section on parking in the Zoning Ordinance. We will be working to improve it, to remove inconsistencies and to add provisions for shared parking which the Planning Committee has talked about in the past. We will also be dealing with issues of parking in areas where parking is totally unregulated now, such as in P zones and dealing with strategies for regulating back and side yard parking. CBD Business Improvement District - Report Alderperson Schroeder reported that there have been three meetings recently and there appears to be considerable interest in exploring the idea of a business improvement district downtown. At the Planning Committee meeting next month, the committee will March 3, 1993 6 consider a Local Law that would be a basic authorizing law that would allow business improvement districts to be established in Ithaca. Visit of `National Parks" Officials to Discuss Inlet Island - Report Alderperson Schroeder reported that National Parks officials visited Ithaca in early February to get an impression of what the Inlet Island plan consisted of, what the substitute park properties were like and to give their initial input whether they thought this was a reasonable plan to implement from the National Parks point of view. Their initial opinion is that removing federally-funded park status from Inlet Island is acceptable, and that only three substitute parcels are acceptable. One is the Sheldrake parcel, a second is a parcel that would broaden the green space next to the Cayuga Inlet Trail along the flood control channel and the third area would be Ithaca Falls. * 14.5 Post Office By Alderperson Schroeder: Seconded by Alderperson Johnson WHEREAS, the United States Postal Service has taken unilateral action to reduce postal services and hours at the downtown Ithaca post office and transferred certain of these services to a post office located in the Town of Lansing, thereby converting the downtown Ithaca post office from a main post office to, what the Postmaster has referred to as a "classified station", and WHEREAS, such unilateral action has been taken without the City and persons served by the Ithaca post office having an opportunity to provide formal input into this decision and without the notice required under Federal law, and WHEREAS, the Mayor has prepared the following Complaint challenging this action and requesting that the Postal Service Commission enter an injunction requiring the reinstatement of all such services until the proper notice and comment period have been provided; now, therefore, be it RESOLVED, That the Common Council of the City of Ithaca formally endorses, approves and joins in the Complaint by the Mayor to the Postal Service. Extensive discussion followed on the floor. A vote on the resolution resulted as follows: Carried Unanimously (9-0) COMPLAINT: BEFORE THE POSTAL RATE COMMISSION | Benjamin Nichols | Complainant, | | v. | | | The United States Postal Service | Respondent. | | March 3, 1993 7 COMPLAINT OF SERVICES NOT IN CONFORMITY WITH 39 USCS 404(b)(1),(3),(4) Benjamin Nichols, as Mayor of the City of Ithaca, by Charles Guttman, Corporate Counsel of the City of Ithaca, alleges: I. The complainant's full name is Benjamin Nichols, and his address is Ithaca City Hall, 108 East Green Street, Ithaca, New York, 14850. Charles Guttman, City Attorney of 108 East Green Street, Ithaca, New York, 14850 is authorized to receive service on behalf of the complainant of any document relating to this proceeding. II. This is a proceeding pursuant to 39 USCS §404(b) wherein the Mayor contends that Respondent is rendering services not in conformity with policies set forth in the Postal Reorganization Act. III. The City of Ithaca is a City with the population of 29,541 persons, as determined by the 1990 census. It is the County seat of Tompkins County, it is also the geographical, business and cultural center of Tompkins County. IV. Prior to November 1992, a full service post office was located and operated in downtown Ithaca. V. Beginning on or about November 1, 1992, Respondent took unilateral action to eliminate registered, hold mail, postage due, package delivery and express mail services at the Ithaca post office. These services were transferred to a Post Office located in the Town of Lansing outside the municipal boundaries of the City of Ithaca. In addition, Respondent took unilateral action to decrease the number of hours the Ithaca Post Office was opened and to decrease bulk mail and other services. The Ithaca Post Office was changed from a full post office to what Respondent has referred to as a "classified station". This consolidation of the Ithaca post office with the Lansing post office was undertaken without any notice to the persons served by the Ithaca post office and without providing the required notice of its intention to close or consolidate such post office at least 60 days prior to the proposed date of consolidation to ensure that persons served by such post office will have an opportunity to present their views. Furthermore, no written determination to consolidate the Ithaca post office was issued or made available to persons served by such post office, as required under 39 USCS §404(b). The consolidation of services was made despite the absence of such written determination and the absence of such required notice. VI. The downtown Ithaca post office cannot be considered as a station of the Lansing post office under §113.12 of the Domestic Mail Manual, in that it is not located within the corporate limits March 3, 1993 8 of the Town of Lansing where the new post office, which is taking over the services previously provided the downtown post office, is located VII. The mayor is aggrieved by the above conduct of respondent in that he both personally and as mayor of the City of Ithaca receives registered and hold mail from the post office and will be forced to travel to a neighboring town in order to receive such services in the future. Such consolidation of services has greatly impaired and damaged the efficiency and reliability of the services provided by Respondent. VIII. Upon information and belief, the above conduct of the Respondent further failed to conform with §404(b) of 39 USC in that the postal service, prior to taking such unilateral action, failed to consider the affect of such consolidation/closing on the Ithaca community and on the employees of the postal service employed at the Ithaca post office. The postal service further failed to consider the other criteria set forth in §404(b). Furthermore, the postal service failed to make the required findings of fact. IX. The conduct of the Respondent adversely affects all residents and businesses located in the City of Ithaca and the City of Ithaca as a municipal entity and all of its residents and business are aggrieved by the conduct of Respondent X. There is no public transportation to the site of the Lansing post office and the conduct of the Respondent particularly adversely impacts individuals who need or desire to travel by public transportation to the post office. XI. The conduct of the Respondent also impacts adversely on the large number of persons who reside outside the City of Ithaca, but who work in downtown Ithaca. Prior to this consolidation, those persons would have been able to use the centrally located downtown Ithaca post office for the services which are being terminated. They will now be unable to do so. XII. The lack of a full service downtown post office in the City of Ithaca adversely affects the entire city by diminishing its attractiveness as a business center, thereby adversely affecting the tax base of the City of Ithaca. XIII. The consolidation being undertaken by the Respondent results in a loss of jobs and a reduction in the quality of services provided to persons served by the Ithaca post office. XIV. The above conduct of Respondent fails to conform with the policies set forth in the Postal Reorganization Act in that the consolidation of services has not been preceded by adequate notice March 3, 1993 9 to persons served by such post office to insure that such persons will have an opportunity to be heard, and that the determination of the Postal Service to close or consolidate the post office was not issued by the Postal Service and was not made available to persons served by such post office as required by 39 USCS §404 (b)(3), and violates the requirement of 39 USC §101(a) of "prompt, reliable, and efficient service to patrons in all areas". XV. The class of persons believed by Mayor Nichols to be similarly affected by the matter complained of herein are all post office box renters and citizens of Ithaca who rely on registered mail service, hold mail service, postage due service, and express mail service to conduct their business, the City of Ithaca as a municipality, and all other persons who are served by the Ithaca post office. XVI. Copies of all correspondence and other written communications between the parties hereto relating to the subject matter of this complaint are attached to the complaint and made a part hereof. In particular, attached hereto is a copy of a letter from Charles Guttman, Corporate Council of the City of Ithaca to Karl Anderson, Postmaster, dated January 26, 1993. Neither Mr. Guttman nor the City of Ithaca has received any response to this letter other than an acknowledgment by the postal service that the letter has been received and that a reply will be forthcoming. WHEREFORE, the Mayor requests that the Commission enter an injunction to reinstate all services until proper notice and comment period is given, reimbursement of attorney fees for complainant, and all costs and other expenses as may be proper. Dated March , 1993 Benjamin Nichols 108 E. Green Street Ithaca, New York 14850 HUMAN SERVICES COMMITTEE: Alderperson Johnson reported that the Committee has done strategic planning for the activities which the Committee has set priorities for this year. They are doing some long-range establishment of goals of things that they would like to see the Human Services Committee bring to Council. BUDGET AND ADMINISTRATION COMMITTEE: * 16.1 Fire Department - Request to Approve Contract For Ice Rescue Training By Alderperson Booth: Seconded by Alderperson Berg WHEREAS, The Ithaca Fire Department is requesting to enter into an agreement with Eastern Artificial Insemination Cooperative for use of their pond for ice rescue training, and WHEREAS, The agreement has been reviewed and approved by the City Attorney and the City's Insurance Agent; now, therefore, be it RESOLVED, That the Ithaca Fire Department be authorized to enter into an agreement with Eastern Artificial Insemination Cooperative for use of the fire pond located on Sheffield Road for the purpose of ice rescue training, and be it further March 3, 1993 10 RESOLVED, That the proper insurance clauses, including Hold Harmless, be included in the agreement. Carried Unanimously (9-0) * 16.2 DPW - Request to Authorize Mayor to Sign 1993 Transit Funding Agreement By Alderperson Booth: Seconded by Alderperson WHEREAS, The City has become a member of the newly formed Metropolitan Planning Organization (MPO) which was created in response to the designation of any "Urban Area" within Tompkins County in accordance with the Federal Transit Act of 1964, and WHEREAS, currently, the County is the designated recipient of Section 9 funds for all transit operators within the designated Urban Area, and WHEREAS, all funds actually received and dispersed within the Urban Area are budgeted and approved through the MPO; now, therefore, be it RESOLVED, That the Mayor be authorized to enter into an agreement with Tompkins County, for the period January 1, 1993 to December 31, 1993 and a City share of $213,677, to prepare and receive grant funds for Section 9 funds on terms and conditions that are acceptable to the Mayor, City Attorney, and the Superintendent of Public Works. There was no vote taken on 16.2 as Alderperson Booth moved the following substitute resolution: Authorization for Mayor to Sign Transit Funding Agreement By Alderperson Booth: Seconded by Alderperson Blanchard WHEREAS, the Secretary of the U.S. Department of Transportation is authorized to make grants for mass transportation projects pursuant to the Federal transit Act of 1964, as amended, and WHEREAS, the County of Tompkins is the designated recipient of Section 9 Urban transit funds applying on behalf of the City of Ithaca and other transit operators to receive and use said funds, and WHEREAS, the County, as applicant has designated the City of Ithaca a Section 9 grant recipient and has authorized the County Administrator to execute a supplemental grant agreement with the City of Ithaca, and WHEREAS, this agreement contains the following general provisions: 1.the County shall perform all necessary grant management for Section 9 funding including grant preparation, filing, reporting, management and audits, 2.the County designates the City as an eligible recipient of Section 9 funds, 3.the County transfers to the City all rights, obligations and responsibilities under the grant agreement, 4.the City releases the County from any liability acting as grant recipient, March 3, 1993 11 5.the City and County agree to annually negotiate the allocation of Section 9 funds within the Ithaca urbanized area and to refer the results of this allocation process to the Ithaca Tompkins Transportation Council for approval, 6.either party may rescind this agreement and not affect the rights and obligations of both parties under the Section 9 program; now, therefore, be it RESOLVED, That the Mayor be authorized to enter into the aforementioned agreement with the County of Tompkins. Carried Unanimously (9-0) * 16.3 DPW - Request to Appropriate Joint Activity Capital Reserve Funds By Alderperson Booth: Seconded by Alderperson Johnson WHEREAS, The Sewer Joint Subcommittee and the Board of Public Works have recommended Stearns and Wheler of Cazenovia, New York to perform the Plant Capacity Study at the Ithaca Area Waste Water Treatment Plant; now, therefore, be it RESOLVED, That Stearns and Wheler of Cazenovia, New York be authorized to perform the Plant Capacity Study at the Ithaca Area Waste Water Treatment Plant for an amount not to exceed $20,000, and be it further RESOLVED, That an amount not to exceed $20,000 be appropriated from the Joint Activity Capital Reserve #J-1 for the purpose of said study. Extensive discussion followed on the floor with Superintendent Gray answering questions from Council members. A vote on the resolution resulted as follows: Ayes (8) - Booth, Johnson, Schroeder, Golder, Berg, Blanchard, Efroymson, Daley Nay (1) - Hoffman Carried * 16.4 DPW - Request to Temporarily Adjust City Forester Hours By Alderperson Booth: Seconded by Alderperson Berg WHEREAS, John Friedeborn was appointed to the position of City Forester by Common Council at their regular meeting of February 3, 1993; now, therefore, be it RESOLVED, That the Personnel Roster of the DPW be temporarily amended by reducing the full-time position of City Forester to twenty-five (25) hours per week from February 16, 1993 to August 16, 1993 at the request of the City Forester. Carried Unanimously (9-0) * 16.5 Police Department - Request to Authorize and Execute 1993 Stop-DWI Contract By Alderperson Booth: Seconded by Alderperson Johnson RESOLVED, That the Ithaca Police Chief be authorized to execute the 1993 Stop-DWI Contract between the Ithaca Police Department and Tompkins County for the period January 1, 1993 to December 31, 1993, and be it further RESOLVED, That the Police Chief be authorized to execute any renewals or extensions to the agreement unless the changes are March 3, 1993 12 substantial, in which case Common Council's approval would be required. Carried Unanimously (9-0) * 16.6 Finance Department - Personnel - Request to Extend Part- Time Status for Personnel Administrator By Alderperson Booth: Seconded by Alderperson Johnson WHEREAS, Common Council approved at their regular meeting of January 6, 1993, part-time status, twenty-eight (28) hours per week, for the Personnel Administrator; now, therefore be it RESOLVED, That the part-time status, twenty-eight (28) hours per week, of the Personnel Administrator be extended through May 28, 1993 as requested by the Personnel Administrator and approved by the Mayor. Carried Unanimously (9-0) * 16.7 Police Department - Request to Assign Senior Police Dispatch Position to CSEA Administrative Unit By Alderperson Booth: Seconded by Alderperson Johnson RESOLVED, That the position of Senior Police Dispatcher, at forty (40) hours per week, be assigned to the CSEA Administrative Unit at grade 20A with a salary range of ($17,373 - $21,982), as recommended by the Personnel Administrator and the Police Chief. Carried Unanimously (9-0) * 16.8 Youth Bureau - Request to Approve Daily Fees and Seasonal Rates for Cass Park/Alex Haley Pool By Alderperson Booth: Seconded by Alderperson Johnson RESOLVED, That the 1993 Cass Park Pool and Rink rates and Alex Haley Pool seasonal rates be established and approved as follows: Daily Rates - Cass Park Pool Child* $ .75 Student** $1.50 Adult*** $2.00 - Cass Park Rink Child $1.00 Student $2.00 Adult $2.50 Seasonal Pass - Cass Park Pool/ Alex Haley Pool Child $10.00 Student $15.00 Adult $20.00 - Cass Park Rink Child $25.00 Student $50.00 Adult $60.00 *Child (12 and under) **Student (13-17) ***Adult (18 and over) Pool - under one (1) admitted free - over 55 pay Student Rate ($1.50) Amending Resolution By Alderperson Booth: Seconded by Alderperson Berg RESOLVED, That a further Resolved clause to added to read as follows: "Resolved, That seasonal passes for Cass Park Pool and Rink and the Alex Haley Pool shall be issued only to residents of the City March 3, 1993 13 of Ithaca, and residents of those municipalities participating with the City in the provision of recreational services." Carried Unanimously (9-0) Main Motion as Amended A vote on the Main Motion as Amended resulted as follows: Carried Unanimously (9-0) *16.9 Youth Bureau-GIAC - Request to Amend 1993 Authorized Personnel Roster and Budget By Alderperson Booth: Seconded by Alderperson Johnson RESOLVED, That the 1993 GIAC Authorized Personnel Roster be amended as follows: Add: One (1) Youth Worker Delete Funding: One (1) Educational Instructor - position to be unfunded and open And be it further RESOLVED, That Marisol Fontanez be provisionally upgraded from the position of Educational Instructor to the position of Youth Worker, and be it further RESOLVED, That Marisol Fontanez's salary be upgraded to $17,748, that being Step Four (4) on the 1992 Compensation Plan for the C.S.E.A. Administrative Unit, effective March 8, 1993, and be it further RESOLVED, That $2,275 be transferred from Account A1990 Unrestricted Contingency to Account A7311-110 GIAC Staff Salaries to fund said upgrade. Carried Unanimously (9-0) * 16.10 Common Council - Request to Increase State Retirement Credit for Common Council Members By Alderperson Booth: Seconded by Alderperson Blanchard WHEREAS, A study of Common Council Members' monthly hours has revealed that members work an average of sixty (60) hours per month on Council activities, and WHEREAS, The current New York State Retirement credit for Common Council members is sixteen (16) hours per month; now, therefore be it RESOLVED, That Common Council authorizes the City Controller and/or Personnel Administrator to make appropriate applications to the New York State Retirement System to change the current New York State Retirement credit hours from sixteen (16) hours per month to sixty (60) hours per month, and be it further RESOLVED, That the application be submitted as retroactive to 1991 if possible. Carried Unanimously (9-0) * 16.11 Finance Department - Chamberlain - Request to Extend County Tax Warrant By Alderperson Booth: Seconded by Alderperson Berg RESOLVED, That the City Chamberlain be authorized to request the County of Tompkins to extend its warrant for collection of the 1993 taxes until May 28, 1993. Carried Unanimously (9-0) * 16.12 Finance Department - Chamberlain - Request Correction to March 3, 1993 14 1993 City Tax Roll By Alderperson Booth: Seconded by Alderperson Johnson WHEREAS, an investigation of error of essential fact pursuant to Section 554 (4A) of the Real Property Tax Law revealed that communication property on East State Street did not exist in the City of Ithaca for the 1992 and 1993 City Tax Roll; now, therefore, be it RESOLVED, That the City Chamberlain is authorized and directed to make the appropriate changes to the tax rolls. Carried Unanimously (9-0) * 16.13 Finance Department - Controller - Request to Purchase Payroll System Software By Alderperson Booth: Seconded by Alderperson Berg WHEREAS, The City Controller is recommending a Payroll Software System upgrade to provide the City with the ability to process and track employee leave time, and WHEREAS, The City has received a proposal from its current software support company to provide said upgrade to the existing Finance/Payroll computer system in the amount of $11,000, and WHEREAS, The City has asked the City of Saratoga to participate in this purchase in which, if approved, they would share one-half of the City of Ithaca's cost to purchase the payroll software; now, therefore, be it RESOLVED, That the City Controller be authorized to enter into an agreement with New England Systems and Software, Inc. for an amount not to exceed $11,000 to implement a payroll leave time system software program, and be it further RESOLVED, That the funding for said project will be derived as follows: Computer Acquisition Capital Project #211 $3,800 Account A1990 Unrestricted Contingency $6,200 Account A1315-476 Equipment Maintenance $1,000 and be it further RESOLVED, That if the City of Saratoga's Common Council approves sharing the cost of the payroll system upgrade, the City's portion will not exceed $5,500 and the above funding allocation will be decreased appropriately. Carried Unanimously (9-0) * 16.14 City Attorney - Approval of Ithaca Paid Fire Fighters Association Contract By Alderperson Booth: Seconded by Alderperson Schroeder 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. Ayes (8) - Booth, Schroeder, Efroymson, Daley, Golder, Hoffman, Berg, Blanchard Nay (1) - Johnson Carried * 16.15 Audit March 3, 1993 15 By Alderperson Booth: Seconded by Alderperson Daley RESOLVED, That the bills presented, as listed on Audit Abstract #2/1993 in the total amount of $39,403.34 be approved for payment. Carried Unanimously (9-0) * 16.16 DPW - Appointment of Laboratory Director By Alderperson Booth: Seconded by Alderperson Schroeder RESOLVED, That Jose Lozano be hired as Laboratory Director at Step 6 on the Administrative Unit 1993 Compensation Plan (1992 Step 6 is $28,254), effective March 8, 1993. Discussion followed on the floor. A vote on the resolution resulted as follows: Ayes (7) - Booth, Schroeder, Berg, Blanchard, Efroymson, Daley, Johnson Nays (2) - Hoffman, Golder Carried RECESS: Common Council recessed at 8:55 p.m. and reconvened in regular session at 9:05 p.m. CHARTER AND ORDINANCE COMMITTEE: * 17.1 Amendments to Mobile Vending Cart Regulations (Raising number of potential permits from 6 to 12; changing the cart sites; establishing reduced fees for non-profit organizations; and permitting operation outside regular hours) By Alderperson Hoffman: Seconded by Alderperson Golder ORDINANCE NO. 93 - An Ordinance amending Chapter A352 "Commons Operations Manual and Vending Cart Regulations" of the City of Ithaca Municipal Code. BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, New York as follows: SECTION 1. Chapter A352 entitled "Commons Operations Manual and Vending Cart Regulations" is amended as follows: 1.) Section 352-10(B) is hereby deleted and replaced with the following: "The Commons Advisory Board is authorized to determine appropriate locations where vending shall take place. The Commons Advisory Board shall maintain and make available to the public a list of approved vending locations." 2.) Section 352-11 is hereby revised to read as follows: "Hours of operation. Operating hours for mobile vending carts are between 8:00 a.m. and 10:00 p.m. Carts must be removed from the Commons between the hours of 10:00 p.m. and 8:00 a.m. Cart owners may petition the CAB to operate outside regular hours on special occasions or for late night hours at special locations subject to an additional fee of $25.00 per month." 3.) Section 352-12(A) is hereby revised to read as follows: "A. The CAB may issue up to nine (9) permits annually for mobile vending on the Commons. The CAB may refuse to issue a permit: (1) To any eligible permit holder in excess of nine (9); (2) To any applicant who fails to satisfy the application March 3, 1993 16 requirements; and (3) To any applicant whose proposed cart design and appearance is incompatible with the overall design of the Commons and the surrounding buildings." 4.) A new subdivision to Section 352-12(C)(1) is hereby added to read as follows: "(i) Applicants shall demonstrate that they shall have a New York State Sales Tax Certificate at all times when they are vending." 5.) Section 352-12(F) is hereby revised to read as follows: "(F) After consideration according to the guidelines set forth in these regulations, a pool of eligible permit holders will be established by the CAB or designated subcommittee. Notice of intent to vote on pending applications will be distributed in writing to members of the CAB and all applicants in advance. If there are more eligible permit holders than permits to be issued, previous permit holders with satisfactory performance records will be issued permits. The remainder of the permits will be distributed among the remaining eligible permit holders by lottery. The remainder of the eligible permit holders will be placed on an official waiting list. Fixed locations for permits granted in this procedure will be assigned by lot by the CAB. If a fixed location is vacated for any reason during the season, that location may be filled by the CAB. The vacated location will be assigned by lot to an eligible permit holder whose name appears on the waiting list. If there are nine (9) or less permit applications per season, the applicant may choose the site desired in the order of earliest date of receipt of application. A previous permit holder with a satisfactory performance record will be given priority in choosing sites." 6. A new subdivision to Section 352-12(J) shall be added to read as follows: "(5) Display a copy of their New York State Sales Tax Certificate on their cart." 7.) A new subdivision to be known and designated as subdivision M of Section A352-12 entitled "Permits" is hereby added to said chapter to read as follows: "M. Notwithstanding the above, the Commons Advisory Board is authorized to issue additional permits for mobile vending on the Commons on the following terms: 1. Any permits issued pursuant to this section shall be in addition to the permits the CAB is authorized to issue pursuant to Section A352-12 (a), provided that the total number of permits issued pursuant to this Section and to Section 352-12(A) combined do not exceed twelve (12). 2. Permits issued pursuant to this section shall only be issued to persons who would be vending on the Commons in connection with an approved or funded City project, or to organizations to which contributions are deductible pursuant to Section 501(C)(3) of the Internal Revenue Code or to corporations established under the not-for-profit corporation law in the State of New York. 3. Permits shall be issued pursuant to this section for a specified number of months not to exceed 6 months and at specified locations. March 3, 1993 17 4. An application for permits issued pursuant to this section shall include all information required under Section A352- 12 (c)(1) and shall also include information detailing the applicant's relationship to the City approved or funded project, or the organization's tax or corporate status. 5. The fee to operate a mobile vending cart on the Commons pursuant to this section shall be $60.00 per month, payable monthly in advance. 6. Section A352-12 (e), (h), (o), (j), (k) and (l) shall apply to permits issued pursuant to this section. 7. An individual or business who receives a permit pursuant to this section shall be ineligible to receive a permit pursuant to this section in any subsequent year. It is not the intention to prevent a sponsoring organization from receiving permits pursuant to this Section year after year. 8.) A new Section to be known and designated as Section 352- 14 entitled "Exceptions" is hereby added to said Chapter to read as follows: "14. Exceptions: Persons holding a license pursuant to Section 32 of the General Business Law, to the extent legally permitted, shall be required to abide by all regulations except those concerning fees. Section 2. The Ordinance shall take effect immediately. Alderperson Hoffman explained the changes in the Ordinance. Discussion followed on the floor with Commons Coordinator Deming answering questions from the Council. Amending Resolution By Alderperson Daley: Seconded by Alderperson Efroymson RESOLVED, That in the third line of Item #7, under "M" , the words "in any subsequent year" be deleted and the words "for two subsequent years" be inserted in their place. Alderperson Daley explained the reason for the amendment. Discussion followed on the floor. A vote on the amending resolution resulted as follows: Carried Unanimously (9-0) Main Motion as Amended A vote on the Main Motion as Amended resulted as follows: Carried Unanimously (9-0) * 17.2 Official Listing of City's Complaints Regarding Non- Compliance with Cable Television Franchise By Alderperson Hoffman: Seconded by Alderperson Efroymson WHEREAS, the City has entered into a Franchise Agreement with American Community Cablevision under which American Community Cablevision (ACC) is operating and maintaining a cable communications system within the City of Ithaca, and WHEREAS, pursuant to Article XXII of such Franchise Agreement entitled "Breech" it is provided that in the event that the City has reason to believe that ACC has defaulted in the performance of March 3, 1993 18 any provision of the Franchise Agreement that the City shall notify ACC in writing of the provision or provisions which the City believes may be in default; that ACC shall have a period of time to respond to the City testing the City's assertion or curing such default; and in the event ACC fails to cure the default within the stated period that the City shall convene a public hearing on reasonable notice at which hearing ACC may be heard and afterwards the City shall specify the complaint against ACC, and WHEREAS, the above procedural steps have been completed; now, therefore, be it RESOLVED, That the City of Ithaca hereby specifies the following allegations as its complaint against ACC: 1. ACC has failed to provide 9 downstream channels designated for public, governmental and educational access as required by Section 14.1 (A) (1) of the Franchise Agreement. 2. ACC has failed to make available to access users, local origination equipment as required by Section 14.1 (C) (1) of the Franchise Agreement. 3. ACC has failed to provide 2% of gross City revenues for PEG access equipment replacement and expansion as required by Section 14.1 (C)(3) of the Franchise Agreement. 4. ACC has failed to maintain and/or replace in a manner consistent with good operating practice, PEG municipal access and local origination equipment as required by Section 14.1(C)(4) of the Franchise Agreement. 5. ACC has failed to construct and maintain a midsplit 300 megahertz institutional network with 8 upstream and downstream channels, free drops and necessary video converters as required by Section 15.1 of the Franchise Agreement. 6. ACC has failed to maintain and install dedicated cables as required by Section 15.2 of the Franchise Agreement. 7. ACC has failed to provide an all channel audio emergency alert system as required by Section 15.4 of the Franchise Agreement. 8. ACC has failed to designate one upstream channel for City and public sector uses as required by Section 15.5 of the Franchise Agreement. 9. ACC has failed to publish all rates for subscriber services and leasing of channels as required by Section 16.4 of the Franchise Agreement. 10. ACC has raised basic rates higher than the schedule set forth in Section 19.1 of the Franchise Agreement. 11. ACC has failed to pay to the City the franchise fee set forth in Article 20 of the Franchise Agreement. and be it further RESOLVED, That the City Attorney is directed to forward a copy of such complaint to the appropriate officials at ACC and is further directed to continue in proceedings against ACC. Carried Unanimously (9-0) March 3, 1993 19 Proposal to Prohibit Hunting at Treman Marina Park - Report Alderperson Hoffman reported that the Charter and Ordinance Committee has voted to recommend to Common Council that hunting at Treman Marina Park be prohibited. A resolution will be forthcoming to the Council. Proposed Amendments to Landmarks Preservation Ordinance - Report Alderperson Hoffman reported that the Charter and Ordinance Committee has received a proposal from the Landmarks Preservation Commission for changes in the Preservation Ordinance. The proposed change would eliminate appeals of the Landmarks Preservation Commission decisions to Common Council and would require that those appeals be taken through the Court system instead. The matter will be considered at a later meeting of the Charter and Ordinance Committee. UNFINISHED AND MISCELLANEOUS BUSINESS: * 20.1 Sale of Strand Theater By Alderperson Booth: Seconded by Alderperson Blanchard WHEREAS, the City of Ithaca has received an offer from RHP Properties, Inc. to acquire the City's interest in property known as the Strand Theatre, and WHEREAS, this Common Council intends to consider whether to accept this offer at its April 7, 1993 meeting; now, therefore, be it RESOLVED, That the Ithaca City Clerk is directed to give public notice of the terms of the proposed sale. City Attorney Guttman summarized the terms of the offer from RHP Properties, Inc. Extensive discussion followed on the floor. A statement will be forthcoming from City Attorney Guttman for inclusion in the April Common Council Minutes. Amending Resolution By Alderperson Efroymson: Seconded by Alderperson Hoffman RESOLVED, That the second Whereas clause be deleted from the resolution. Discussion followed on the floor. A vote on the amending resolution resulted as follows: Ayes (3) - Efroymson, Hoffman, Golder Nays (6) - Booth, Blanchard, Daley, Johnson, Schroeder, Berg Motion Fails Main Motion A vote on the Main Motion resulted as follows: Ayes (7) - Booth, Efroymson, Daley, Johnson, Schroeder, Berg, Blanchard Nays (2) - Golder, Hoffman Carried * 20.2 Comex/McCurdy's By Alderperson Hoffman: Seconded by Alderperson Schroeder WHEREAS, the City obtained an Urban Development Action Grant (UDAG) in 1983 in the amount of $475,000 to fund the renovation of March 3, 1993 20 the former Rothschild building in order to attract the S. F. Iszard Company to downtown Ithaca, and WHEREAS, the UDAG was structured as a loan from the City to the Tompkins County Industrial Development Agency (IDA) and Comex Plaza Associates, and WHEREAS, Comex Plaza Associates entered into long term lease agreement with the S. F. Iszard Company, which was later assumed by McCurdy and Company, and WHEREAS, the mortgage agreement between the City and the IDA/Comex Plaza Associates states that this lease agreement is part of the collateral securing the City's UDAG loan, and WHEREAS, the mortgage agreement also states that modifications to the lease require City approval, and WHEREAS, the City has been notified by Comex Plaza Associates that the McCurdy Company is terminating its lease with Comex Plaza Associates, and WHEREAS, Comex Plaza Associates has requested the City's consent to this termination of the lease agreement, and WHEREAS, the IGR Committee recommends that the City consent to the lease termination, now, therefore be it RESOLVED, That the City consents to the termination of the lease agreement between Comex Plaza and the McCurdy Company. City Attorney Guttman, for the record, explained that this resolution is stating that the City consents that the lease with McCurdy's is terminated and leaves in place all other terms of the agreements, the loan documents and the mortgage which the City holds, which includes approvals for the use of the property and for the changes to the physical structure of the property. A vote on the resolution resulted as follows: Carried Unanimously (9-0) NEW BUSINESS: * 21.2 110 Sears Street - DeWitt Park Historic District - Kuckes Appeal Alderperson Schroeder explained how the appeal will proceed. Mrs. Martha Kuckes, residing at 114 East Court Street, stated that she and her husband are appealing the Ithaca Landmarks Preservation Commission's decision to deny their application to use vinyl siding on their rental property at 110 Sears Street. Mrs. Kuckes quoted from the City Ordinance, Section 228-4(E)1(d). She argued that vinyl should be able to be used on this property so that a reasonable return can be made on that property. Ms. Leslie Chatterton, Preservation/Neighborhood Planner, quoted from the Landmarks Preservation Commission ordinance and presented the Commission's reasons for refusing the appeal from Mr. and Mrs. Kuckes. Questions followed from Council members to Mr. & Mrs. Kuckes and Ms. Chatterton. Mr. Kuckes presented rebuttal arguments and Ms. Chatterton spoke for the Commission. March 3, 1993 21 Extensive discussion followed on the floor. Motion by Council to Affirm Ithaca Landmarks Preservation Commission's Decision By Alderperson Booth: Seconded by Alderperson Schroeder WHEREAS, Martha Kuckes and Arthur Kuckes, hereinafter referred to as "Kuckes" have appealed to the Common Council in the City of Ithaca from a decision of the Ithaca Landmarks Preservation Commission dated January 14, 1993 denying a Certificate of Appropriateness to replace existing clapboards with vinyl siding on the residence at 110 Sears Street, Ithaca, NY in the DeWitt Park historic district, and WHEREAS, both Kuckes and the Ithaca Landmarks Preservation Commission, hereinafter referred to as "ILPC" have had an opportunity to present their positions to the Common Council NOW THEREFORE, after due deliberation, the Common Council of the City of Ithaca makes the following findings of fact and determinations: FINDINGS OF FACT 1. Kuckes applied for a building permit for their property at 110 Sears Street, Ithaca, NY to apply vinyl siding to the property. 2. The property at 110 Sears Street is within the DeWitt Park Local Historic District. 3. The permit application was properly referred to the ILPC to consider the issuance of a Certificate of Appropriateness since the proposed plans involved a material change of appearance of a structure within the Historic District as provided in Section 228- 4(E) of the City of Ithaca Municipal Code. 4. The Commission met on July 9, 1992, at which time it considered the application. 5. The Commission determined that the property is architecturally and historically significant as a representative example of the modest "worker" residences constructed in that area in the late Nineteenth Century. 6. The Commission further determined that the structure retains a modest level of integrity. 7. The Commission further determined that the visual relationship of existing clapboards and trim are an integral part of the historic and architectural character of the structure and that the existing clapboards and trim are components of the original historical fabric and, although in need of painting, are in relatively good condition. 8. The Commission further determined that the structure exhibits characteristics of a moisture problem which might be exacerbated by the application of synthetic siding. 9. The Commission further noted that the building is located within ten feet of the pedestrian right-of-way and that the proposed alteration would be highly visible. 10. The Commission voted and determined that the proposal by Kuckes did not meet the criteria for approval under the Ithaca Landmarks Preservation Ordinance and denied the request for a Certificate of Appropriateness. March 3, 1993 22 11. The Commission, pursuant to Section 228-5, stated its reasons for denying the Certificate of Appropriateness and transmitted a record of such action and the reasons therefor to the Building Commissioner and to the applicant. 12. Kuckes appealed the decision of the ILPC to Common Council. 13. Common Council on October 7, 1992 determined that the Commission did not properly consider and make findings of fact regarding applicants ability to earn a reasonable return on the property and other relevant financial considerations. 14. Common Council remanded the matter to the Ithaca Landmarks Preservation Commission to reconsider the request by Kuckes. 15. ILPC reheard the matter on November 17, 1992, at which time financial factors were considered. 16. ILPC on November 17, 1992, voted and determined that the proposal by Kuckes did not meet the criteria for approval under the Ithaca Landmarks Preservation Ordinance and denied the request for Certificate of Appropriateness. 17. Kuckes requested ILPC to reconsider its decision at its January 1993 meeting, on the basis of new information provided in a revised financial statement. 18. ILPC on January 14, 1993 reviewed the revised financial statement and reconsidered its decision. 19. On January 14, 1993, the ILPC again determined that the Kuckes proposal did not meet the criteria of the ordinance for the issuance of a Certificate of Appropriateness and denied Kuckes' request for a Certificate of Appropriateness. 20. The Commission, pursuant to Section 228-5, stated its reasons for denying the Certificate of Appropriateness and transmitted a record of such action and the reasons therefore to the Building Commissioner and to the applicant. DETERMINATIONS 1. That the Commission duly considered the application by Kuckes. 2. That the decision of the Commission was not outside the scope of their authority and was neither arbitrary nor capricious. NOW THEREFORE, BE IT RESOLVED that the Common Council of the City of Ithaca does hereby affirm and uphold the decision of the Ithaca Landmarks Preservation Commission and does hereby deny the appeal of Martha Kuckes and Arthur Kuckes. A vote on the resolution resulted as follows: Ayes (6) - Booth, Schroeder, Hoffman, Berg, Johnson, Efroymson Nays (3) - Golder, Blanchard, Daley Carried Sales Tax Discussion Mayor Nichols stated that City representatives have met with representatives from the County Board regarding the possibility March 3, 1993 23 that the County might consider negotiating with the City for payments for services in lieu of a percentage of the sales tax. Discussion followed on the floor. It was the consensus of the Mayor and Council members that there will be a SPECIAL COMMON COUNCIL MEETING HELD ON THURSDAY, MARCH 11, 1993 AT 7:00 P.M. to consider the negotiations being discussed by representatives from the City and County. ADJOURNMENT: On a motion the meeting adjourned at 11:25 p.m. Callista F. Paolangeli Benjamin Nichols City Clerk Mayor